S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9049
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to establishing a  COVID-
   19 essential workers scholarship program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section  608-b
 to read as follows:
   §  608-B.  COVID-19  ESSENTIAL WORKER SCHOLARSHIPS. 1. NOTWITHSTANDING
 SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE,  ESSEN-
 TIAL  EMPLOYEES  WHO  WORKED  DURING  THE  OUTBREAK OF NOVEL CORONAVIRUS
 DISEASE TWO THOUSAND  NINETEEN  (COVID-19)  AND  CHILDREN  OF  ESSENTIAL
 EMPLOYEES  WHO  HAVE  DIED AS A RESULT OF CONTRACTING COVID-19, SHALL BE
 ELIGIBLE TO RECEIVE A SCHOLARSHIP IN AN ANNUAL AMOUNT DETERMINED  PURSU-
 ANT  TO  SUBDIVISION  TWO  OF  SECTION SIX HUNDRED SIXTY-EIGHT-H OF THIS
 TITLE. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REGARDING
 WHO QUALIFIES AS AN ESSENTIAL EMPLOYEE.
   2. AWARDS UNDER THIS SECTION SHALL BE PAYABLE FOR  EACH  OF  NOT  MORE
 THAN  FOUR  ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS
 IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS DEFINED BY THE COMMISSION-
 ER PURSUANT TO THIS ARTICLE.
   § 2. The education law is amended by adding a  new  section  668-h  to
 read as follows:
   §  668-H.  COVID-19 ESSENTIAL WORKER SCHOLARSHIPS. 1. ELIGIBLE GROUPS.
 NOTWITHSTANDING SUBDIVISION FIVE OF SECTION  SIX  HUNDRED  SIXTY-ONE  OF
 THIS  PART,  ESSENTIAL EMPLOYEES WHO WORKED DURING THE OUTBREAK OF NOVEL
 CORONAVIRUS DISEASE TWO THOUSAND NINETEEN  (COVID-19)  AND  CHILDREN  OF
 ESSENTIAL  EMPLOYEES  WHO HAVE DIED AS A RESULT OF CONTRACTING COVID-19,
 SHALL BE ELIGIBLE TO  RECEIVE  A  SCHOLARSHIP.  THE  COMMISSIONER  SHALL
 PROMULGATE RULES AND REGULATIONS REGARDING WHO QUALIFIES AS AN ESSENTIAL
 EMPLOYEE.
   2.  AMOUNT.  (A)  THE PRESIDENT SHALL GRANT ANNUAL SCHOLARSHIPS IN THE
 FOLLOWING AMOUNTS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06054-01-1
              

 A. 9049                             2
 
   (1) IF THE RECIPIENT ATTENDS AN INSTITUTION OF THE CITY UNIVERSITY  OF
 NEW  YORK  OR  AN  INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK OTHER
 THAN THE STATUTORY COLLEGES AT CORNELL,  THE  COLLEGE  OF  ENVIRONMENTAL
 SCIENCE  AND FORESTRY AT SYRACUSE AND THE COLLEGE OF CERAMICS AT ALFRED,
 THE  ANNUAL  AWARD  SHALL  BE AN AMOUNT EQUAL TO: THE TUITION CHARGED AT
 SUCH INSTITUTION PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE  CONTRARY,  THE TUITION CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED
 THAT CHARGED TO STATE RESIDENT STUDENTS ATTENDING SUCH INSTITUTION;  THE
 MANDATORY  FEES CHARGED AT SUCH INSTITUTION; AND THE NON-TUITION COST OF
 ATTENDANCE AT SUCH INSTITUTION OR COLLEGE, PROVIDED THAT THE SCHOLARSHIP
 SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL TO THE TOTAL COST OF ATTENDANCE
 DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER  STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM; OR
   (2) IF THE RECIPIENT ATTENDS ANY OTHER  APPROVED  PROGRAM  WITHIN  NEW
 YORK STATE, THE ANNUAL AWARD SHALL BE BASED UPON AN AMOUNT EQUAL TO: THE
 TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING A FOUR-YEAR COLLEGE
 OF  THE STATE UNIVERSITY OF NEW YORK; THE AVERAGE MANDATORY FEES CHARGED
 AT FOUR-YEAR COLLEGES OF THE STATE UNIVERSITY OF NEW YORK, OR THE ACTUAL
 TUITION AND FEES CHARGED TO THE RECIPIENT, WHICHEVER IS  LESS;  AND  THE
 AVERAGE  NON-TUITION  COST OF ATTENDANCE, AS DETERMINED BY THE PRESIDENT
 AND AS APPROVED BY THE DIRECTOR OF THE BUDGET,  FOR  A  STUDENT  AT  THE
 STATE UNIVERSITY OF NEW YORK OR ACTUAL NON-TUITION COST OF ATTENDANCE AT
 SUCH INSTITUTION, WHICHEVER IS LESS, PROVIDED THAT THE SCHOLARSHIP SHALL
 NOT  EXCEED  AN  AMOUNT  THAT  IS  EQUAL TO THE TOTAL COST OF ATTENDANCE
 DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER  STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM.
   (3) "NON-TUITION COST OF ATTENDANCE", AS  USED  IN  THIS  SUBDIVISION,
 SHALL  MEAN:  (I)  THE ACTUAL AMOUNT CHARGED BY THE INSTITUTION FOR ROOM
 AND BOARD, AND (II) AN ALLOWANCE FOR TRANSPORTATION, BOOKS AND  SUPPLIES
 AS  DETERMINED  BY  THE PRESIDENT AND AS APPROVED BY THE DIRECTOR OF THE
 BUDGET, PROVIDED THAT SUCH DETERMINATION SHALL BE  MADE  NO  LATER  THAN
 DECEMBER FIRST OF EACH YEAR FOR USE IN THE SUCCEEDING ACADEMIC YEAR.  IN
 THE EVENT A STUDENT DOES NOT INCUR ROOM OR BOARD CHARGES AT THE INSTITU-
 TION,  "NON-TUITION COST OF ATTENDANCE" SHALL MEAN AN ALLOWANCE FOR ROOM
 AND BOARD AS DETERMINED BY THE PRESIDENT AND APPROVED BY THE DIRECTOR OF
 THE BUDGET. IN DETERMINING ALLOWANCES PURSUANT TO THIS SUBPARAGRAPH, THE
 PRESIDENT MAY TAKE INTO CONSIDERATION THE ALLOWANCES PROVIDED FOR IN THE
 PELL GRANT PROGRAM.
   (B) IN NO EVENT SHALL THE COMBINATION OF  ALL  STUDENT  FINANCIAL  AID
 RECEIVED  BY  A STUDENT EXCEED A RECIPIENT'S TOTAL COST OF ATTENDANCE AT
 THE INSTITUTION BEING ATTENDED.
 A. 9049                             3
 
   3. DURATION. AWARDS UNDER THIS SECTION SHALL BE PAYABLE  FOR  EACH  OF
 NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEM-
 IC  YEARS  IF  A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS DEFINED BY THE
 COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
   §  3.  Section  604  of  the  education law is amended by adding a new
 subdivision 13 to read as follows:
   13. COVID-19 ESSENTIAL WORKER SCHOLARSHIPS.
   § 4. This act shall take effect immediately.