S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5912
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- 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:
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09940-01-9
              

 A. 5912                             2
 
 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 chapter 400 of the laws of 2018, 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.  An
 undergraduate  student  enrolled in an approved two or four-year program
 of study approved by the  commissioner  who  must  transfer  to  another
 institution  as  a result of permanent college closure shall be eligible
 for two additional semesters, or their equivalent, as determined by  the
 commissioner,  in  order  to  complete his or her program.   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  EQUIV-
 ALENT  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 nineteen hundred
 eighty-nine--nineteen hundred ninety, shall be counted toward the  maxi-
 mum  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 eligibility 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 eligi-
 bility under this section.
   § 5. This act shall take effect immediately.