S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7486
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2019
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend the education law, in relation to eligibility for the
   New York state excelsior scholarship for certain part-time applicants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1, 2 and 3 of section 669-h of the education
 law, subdivisions 1 and 2 as amended by section 1 of part T  of  chapter
 56  of  the laws of 2018 and subdivision 3 as added by section 1 of part
 HHH of chapter 59 of the laws of 2017, are amended and a new subdivision
 2-a is added to read as follows:
   1. Eligibility. An excelsior scholarship award shall  be  made  to  an
 applicant  who: (a) is matriculated in an approved program leading to an
 undergraduate degree at a New York state public  institution  of  higher
 education,  WHICH  FOR  THE  PURPOSES  OF THIS SECTION SHALL INCLUDE ALL
 TWO-YEAR AND FOUR-YEAR COLLEGES OPERATED BY THE STATE UNIVERSITY OF  NEW
 YORK OR THE CITY UNIVERSITY OF NEW YORK; (b) if enrolled in (i) a public
 institution  of  higher education prior to application, has completed at
 least [thirty] TWENTY-FOUR combined credits per year IF  ENROLLED  ON  A
 FULL-TIME BASIS OR AT LEAST TWELVE COMBINED CREDITS PER YEAR IF ENROLLED
 ON  A  PART-TIME BASIS following the student's start date, or its equiv-
 alent, applicable to his or her program or programs of study or (ii)  an
 institution  of  higher education prior to application, has completed at
 least [thirty] TWENTY-FOUR combined credits per year IF  ENROLLED  ON  A
 FULL-TIME BASIS OR AT LEAST TWELVE COMBINED CREDITS PER YEAR IF ENROLLED
 ON  A  PART-TIME BASIS following the student's start date, or its equiv-
 alent, applicable to his or her program or programs of study  and  which
 were accepted upon transfer to a public institution of higher education;
 (c)  enrolls  in  at  least twelve credits per semester and completes at
 least [thirty] TWENTY-FOUR combined credits per year IF  ENROLLED  ON  A
 FULL-TIME BASIS OR AT LEAST SIX CREDITS IF ENROLLED ON A PART-TIME BASIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09677-06-9

 A. 7486                             2
 
 following the student's start date, or its equivalent, applicable to his
 or  her  program or programs of study except in limited circumstances as
 prescribed by the corporation in regulation.   Notwithstanding,  in  the
 student's last semester, the student may take at least one course needed
 to  meet  his  or her graduation requirements and enroll in and complete
 [at least twelve credit hours or its  equivalent]  AS  MANY  CREDITS  AS
 REQUIRED  TO OBTAIN HIS OR HER DEGREE.  For students who are disabled as
 defined by the Americans With Disabilities Act of 1990,  42  USC  12101,
 the  corporation shall prescribe rules and regulations that allow appli-
 cants who are disabled to be eligible for  an  award  pursuant  to  this
 section based on modified criteria; (d) has an adjusted gross income for
 the  qualifying  year,  as  such  terms are defined in this subdivision,
 equal to or less than: (i) one hundred TWENTY-FIVE thousand dollars  for
 recipients   receiving   an   award  in  the  two  thousand  [seventeen]
 NINETEEN--two thousand [eighteen] TWENTY academic year; (ii) one hundred
 [ten] THIRTY-FIVE thousand dollars for recipients receiving an award  in
 the  two  thousand [eighteen] TWENTY--two thousand [nineteen] TWENTY-ONE
 academic year;  and  (iii)  one  hundred  [twenty-five]  FIFTY  thousand
 dollars for recipients receiving an award in the two thousand [nineteen]
 TWENTY-ONE--two thousand [twenty] TWENTY-TWO academic year and thereaft-
 er;  and (e) complies with the applicable provisions of this article and
 all requirements promulgated by the corporation for  the  administration
 of the program. Adjusted gross income shall be the total of the combined
 adjusted  gross  income  of the applicant and the applicant's parents or
 the applicant and the applicant's spouse, if  married.  Qualifying  year
 shall be the adjusted gross income as reported on the federal income tax
 return,  or  as  otherwise obtained by the corporation, for the calendar
 year coinciding with the tax year established by the U.S. department  of
 education  to  qualify  applicants  for  federal  student  financial aid
 programs authorized by Title IV of the Higher Education Act of  nineteen
 hundred sixty-five, as amended, for the school year in which application
 for  assistance is made. Provided, however, if an applicant demonstrates
 to the corporation that there has been  a  change  in  such  applicant's
 adjusted  gross  income in the year(s) subsequent to the qualifying year
 which would qualify such applicant for an award, the  corporation  shall
 review  and  make a determination as to whether such applicant meets the
 requirement set forth in paragraph (d) of this subdivision based on such
 year. Provided, further that such change was caused by the death, perma-
 nent and total physical or mental disability, divorce, or separation  by
 judicial decree or pursuant to an agreement of separation which is filed
 with  a  court  of competent jurisdiction of any person whose income was
 required to be used to compute  the  applicant's  total  adjusted  gross
 income.
   2.  Amount.  Within  amounts appropriated therefor and based on avail-
 ability of funds, awards shall be granted beginning with the  two  thou-
 sand  [seventeen] NINETEEN--two thousand [eighteen] TWENTY academic year
 and thereafter to applicants that the  corporation  has  determined  are
 eligible to receive such awards. The corporation shall grant such awards
 FOR  FULL-TIME  STUDENTS  in  an amount up to five thousand five hundred
 dollars or actual tuition, whichever is less AND FOR PART-TIME  STUDENTS
 IN  AN  AMOUNT  UP TO TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS OR ACTUAL
 TUITION, WHICHEVER  IS  LESS;  provided,  however,  (a)  a  student  who
 receives educational grants and/or scholarships that cover the student's
 full  cost  of  attendance shall not be eligible for an award under this
 program; and (b) an award under this program shall be applied to tuition
 after the application of payments received under the tuition  assistance

 A. 7486                             3
 
 program  pursuant  to  section  six hundred sixty-seven of this subpart,
 tuition credits pursuant to section six hundred  eighty-nine-a  of  this
 article,  federal Pell grant pursuant to section one thousand seventy of
 title  twenty of the United States code, et. seq., and any other program
 that covers the cost of attendance unless  exclusively  for  non-tuition
 expenses,  and  the  award  under  this  program shall be reduced in the
 amount equal to such payments, provided that the  combined  benefits  do
 not  exceed  five thousand five hundred dollars. Upon notification of an
 award under this program, the institution  shall  defer  the  amount  of
 tuition. Notwithstanding paragraph h of subdivision two of section three
 hundred fifty-five and paragraph (a) of subdivision seven of section six
 thousand  two  hundred  six  of this chapter, and any other law, rule or
 regulation to the contrary, the undergraduate  tuition  charged  by  the
 institution  to recipients of an award shall not exceed the tuition rate
 established  by  the  institution  for  the   two   thousand   [sixteen]
 EIGHTEEN--two  thousand  [seventeen]  NINETEEN  academic  year provided,
 however, that in the two thousand  [twenty-one]  NINETEEN--two  thousand
 [twenty-two]  TWENTY  academic year and every four years thereafter, the
 undergraduate tuition charged by the institution  to  recipients  of  an
 award shall be reset to equal the tuition rate established by the insti-
 tution  for  the  forthcoming  academic  year, provided further that the
 tuition credit calculated pursuant to section six hundred  eighty-nine-a
 of  this  article  shall  be applied toward the tuition rate charged for
 recipients of an award under this program.  Provided  further  that  the
 state  university  of New York and the city university of New York shall
 provide an additional tuition credit to students receiving an  award  to
 cover the remaining cost of tuition.
   2-A.  IN  THE  EVENT THAT FOR ANY REASON, THE STUDENT DOES NOT RECEIVE
 HIS OR HER TWO-YEAR, FOUR-YEAR OR FIVE-YEAR DEGREE OR COMPLETE THE BOCES
 OR VOCATIONAL PROGRAM REFERRED TO IN PARAGRAPH (G) OF  SUBDIVISION  FOUR
 OF  THIS  SECTION, THE STUDENT SHALL NOT SUFFER ANY PENALTY WITH RESPECT
 TO THE SCHOLARSHIP RECEIVED UNDER THE EXCELSIOR SCHOLARSHIP PROGRAM.
   3. Duration. An eligible recipient shall not receive an award for more
 than [four] FIVE academic years of full-time OR TEN  ACADEMIC  YEARS  OF
 PART-TIME undergraduate study FOR A FOUR-YEAR DEGREE or [five] SIX FULL-
 TIME OR TWELVE PART-TIME academic years if the program of study normally
 requires  five  years.  An  eligible  recipient enrolled FULL-TIME in an
 eligible [two year] TWO-YEAR program of study shall not receive an award
 for more than two AND A HALF academic years AND  AN  ELIGIBLE  RECIPIENT
 ENROLLED  PART-TIME  IN  AN ELIGIBLE TWO YEAR PROGRAM OF STUDY SHALL NOT
 RECEIVE AN AWARD FOR MORE THAN FIVE ACADEMIC  YEARS.    Notwithstanding,
 such  duration  may  be  extended for an allowable interruption of study
 including, but not limited to, death of a family member, medical  leave,
 military  service, and parental leave, as established by the corporation
 in regulation.
   § 2. Subdivision 4 of section 669-h of the education law is amended by
 adding a new paragraph (g) to read as follows:
   (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  AN
 APPLICANT  WHO SATISFIED ALL OTHER REQUIREMENTS OF THIS SECTION SHALL BE
 ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS SECTION IF SUCH  APPLICANT
 IS  ENROLLED  ON AT LEAST A PART-TIME BASIS OR ITS EQUIVALENT IN A BOARD
 OF EDUCATIONAL SERVICES (BOCES) OR OTHER APPROVED VOCATIONAL PROGRAM  AT
 A  SUNY OR CUNY COMMUNITY COLLEGE AS DETERMINED BY THE APPLICABLE EDUCA-
 TIONAL AUTHORITY. WITHIN AMOUNTS  APPROPRIATED  THEREFOR  AND  BASED  ON
 AVAILABILITY  OF  FUNDS,  AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR AND  THEREAFTER  TO

 A. 7486                             4
 
 APPLICANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE
 SUCH AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS TO  ELIGIBLE  FULL-
 TIME AND PART-TIME STUDENTS IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
 SECTION.  A  RECIPIENT  ELIGIBLE FOR AN AWARD PURSUANT TO THIS PARAGRAPH
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR ACADEMIC  YEARS  OF  FULL-
 TIME  OR  EIGHT  ACADEMIC YEARS OF PART-TIME ENROLLMENT IN SUCH BOCES OR
 OTHER APPROVED VOCATIONAL PROGRAM. YEARS ENROLLED ARE NOT REQUIRED TO BE
 CONSECUTIVE.
   § 3. This act shall take effect immediately and  shall  apply  to  any
 eligible applicant beginning with the 2019-2020 academic year.