S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5326
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by M. of A. MALLIOTAKIS, COLTON, MONTESANO, LUPINACCI, GRAF,
   RA,  RAIA,  McKEVITT,  BRABENEC,   PALMESANO,   SIMANOWITZ,   SKOUFIS,
   M. G. MILLER,  McDONOUGH,  MURRAY,  CURRAN, KEARNS, ARROYO, PALUMBO --
   Multi-Sponsored by -- M. of A. CROUCH, FITZPATRICK, KOLB,  McLAUGHLIN,
   RIVERA -- read once and referred to the Committee on Higher Education

 AN  ACT  to  amend  the education law, in relation to tuition assistance
   program awards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph a of subdivision 3 of section 663 of the educa-
 tion law, as amended by section 4 of part J of chapter 58 of the laws of
 2011, is amended to read as follows:
   a. In determining the amount of an award for GRADUATE AND  UNDERGRADU-
 ATE students, the income of the parents shall be excluded if the student
 has been emancipated from his parents.
   §  2. The opening paragraph of subparagraph 1 of paragraph b of subdi-
 vision 3 of section 663 of the education law, as amended by section 5 of
 part J of chapter 58 of the laws of 2011, is amended to read as follows:
   The applicant is a student who was married on or before December thir-
 ty-first of the calendar year prior to the  beginning  of  the  academic
 year  for  which  application is made or is an undergraduate student who
 has reached the age of twenty-two on or before June thirtieth  prior  to
 the academic year for which application is made OR IS A GRADUATE STUDENT
 and  who,  during the calendar year next preceding the semester, quarter
 or term of attendance for which application is made  and  at  all  times
 subsequent  thereto  up  to  and  including  the entire period for which
 application is made:
   § 3. Paragraph d of subdivision 3 of section 663 of the education law,
 as amended by section 6 of part J of chapter 58 of the laws of 2011,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06884-01-7
              

 A. 5326                             2
 
   d.  Any  GRADUATE  OR undergraduate student who was allowed to exclude
 parental income pursuant to the provisions of FORMER  subdivision  three
 of  section  six  hundred three of this chapter as they existed prior to
 July first, nineteen hundred seventy-four may continue to  exclude  such
 income for so long as he continues to comply with such provisions.
   §  4. Subdivisions 1 and 2 of section 667 of the education law, subdi-
 vision 1 as amended by chapter 622 of the laws of 2008 and subdivision 2
 as amended by section 1 of part J of chapter 58 of the laws of 2011, are
 amended to read as follows:
   1. Recipient qualifications. Tuition  assistance  program  awards  are
 available for all students who are enrolled in approved programs and who
 demonstrate  the  ability  to  complete such courses, in accordance with
 standards established by the commissioner  provided,  however,  that  no
 award  shall be made unless tuition (exclusive of educational fees) and,
 if applicable, the college fee levied by the  state  university  of  New
 York  pursuant to the April first, nineteen hundred sixty-four financing
 agreements with the New York state dormitory authority charged  for  the
 program  in  which  the  student  is enrolled total at least two hundred
 dollars a year, and provided further  that,  no  award  can  exceed  one
 hundred  percent  of  the  amount  of tuition charged.   NOTHING IN THIS
 SECTION, SECTION SIX HUNDRED  SIXTY-ONE  OF  THIS  PART,  OR  ANY  OTHER
 PROVISION  OF THIS CHAPTER SHALL BE READ TO EXCLUDE ANY GRADUATE PROGRAM
 FROM CLASSIFICATION BY THE COMMISSIONER AS AN APPROVED PROGRAM  FOR  THE
 PURPOSES OF THIS SECTION.
   2.  Duration.  No  undergraduate  shall be eligible for more than four
 academic years of study, or five academic years if the program of  study
 normally requires five years. Students enrolled in a program of remedial
 study,  approved  by the commissioner in an institution of higher educa-
 tion and intended to culminate in a degree in undergraduate study shall,
 for purposes of this section, be considered as enrolled in a program  of
 study  normally  requiring five years. An undergraduate student enrolled
 in an eligible two year program of study approved  by  the  commissioner
 shall  be  eligible  for no more than three academic years of study.  NO
 GRADUATE STUDENT SHALL BE ELIGIBLE FOR MORE THAN FOUR ACADEMIC YEARS  OF
 STUDY  PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR
 MORE THAN ONE DEGREE PROGRAM AT  THE  MASTER'S,  FIRST  PROFESSIONAL  OR
 DOCTORATE  LEVEL.  NO STUDENT SHALL BE ELIGIBLE FOR A TOTAL OF MORE THAN
 THE EQUIVALENT OF EIGHT YEARS OF  COMBINED  UNDERGRADUATE  AND  GRADUATE
 STUDY.  Any  semester,  quarter,  or  term  of attendance during which a
 student receives any award under this article, after the effective  date
 of the former scholar incentive program and prior to academic year nine-
 teen  hundred  eighty-nine--nineteen  hundred  ninety,  shall be counted
 toward the maximum term of eligibility for tuition assistance under this
 section, except that any semester, quarter or term of attendance  during
 which  a  student  received  an  award  pursuant  to section six hundred
 sixty-six of this subpart shall be counted as one-half  of  a  semester,
 quarter  or  term, as the case may be, toward the maximum term of eligi-
 bility under this section. Any semester, quarter or term  of  attendance
 during which a student received an award pursuant to section six hundred
 sixty-seven-a  of  this  subpart shall not be counted toward the maximum
 term of eligibility under this section.
   § 5. This act shall take effect immediately.