NY State Senate Bill 2021-S4091A

Senate Bill S4091A

2021-2022 Legislative Session

Expands eligibility for the New York state excelsior scholarship award to certain applicants enrolled on a part-time basis or in a BOCES or other approved vocational program

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Feb 03, 2021	print number 4091a
Feb 03, 2021	amend and recommit to higher education
Feb 02, 2021	referred to higher education

Bill Amendments

Original

A (Active)

2021-S4091 - Details

See Assembly Version of this Bill:: A601
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §669-h, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5821, A7486
2023-2024: S1287, A946

2021-S4091 - Summary

Expands eligibility for the New York state excelsior scholarship award to certain applicants enrolled on a part-time basis or in a BOCES or other approved vocational program; provides criteria for eligibility, and limits on amounts and durations for any such awards.

2021-S4091 - Sponsor Memo

                                
 
BILL NUMBER: S4091

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the education law, in relation to eligibility for the
New York state excelsior scholarship for certain part-time applicants

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would expand the Excelsior Scholarship Program to part-time
students attending the State University of New York (SUNY) and the City
University of New York (CUNY) and to full and part-time students
enrolled in a Board of Educational Services (POSES) or other approved
vocational program at a SUNY or CUNY community college.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides as follows:

The definition of full-time and part-time attendance at two-year and

four-year colleges operated by SUNY and CUNY is defined as follows:  The
number of credits required per academic year for four-year schools is
reduced to 24 credits from 30 credits if enrolled on a full-time basis
or 12 credits per year on a part-time basis. In the student's last
semester, the student may take fewer credits if less are needed to
receive his or her degree.

Income limits are increased to $135,000 for the 2019-2020 academic year,
$150,000 for the 2020-2021 academic year, and $165,000 for the 2021-2022
academic year and thereafter.

The law currently states that the tuition to be paid for full-time
students is $5,500. This section provides that the tuition to be paid
for part-time students is up to $2,750.

Full-time students will have 2 1/2 years for a two-year degree, 5 years
to obtain a four-year degree, and 6 years for a degree that normally
takes 5 years.

Part-time students will have 5 years to obtain a two-year degree, 10
years to obtain a four-year degree, and 12 years for a degree that
normally takes five years.

Should the student not receive his or her two-year, four-year, or five-
year degree for any reason, the student does not suffer any penalty with
respect to the scholarship received under the Excelsior Program.

Section 2 - This provides for an awarding of an Excelsior Scholarship
for those enrolled at least on art-time basis at BOCES or other approved
vocational program at SUNY or CUNY community college.

Section 3 - Effective Date. This at shall take place immediately and
will be effective beginning the 2019-2020 Academic Year.

 
JUSTIFICATION:

Currently, the Excelsior Scholarship program only covers full-time
students at SUNY or CUNY schools. This leaves out many students who, for
mostly economic reasons, are not able to attend college or training
after high school on a full-time basis.

It has become common knowledge that workers will need to retrain a
number of times over their lifetime. For most workers, it is unrealistic
to go to school full-time since it would mean quitting their jobs. While
these workers might want to go to school full-time, their bills will not
magically go away. Part-time attendance is the only practical route.

Also, many recent high school graduates cannot afford to go to school
full-time, so a part-time option is the only practical route for them as
well.

Further, many students will need vocational training and not a two-year
or four-year degree. This bill provides for such scholarships at two-
year colleges in the SUNY or CUNY system as well as SOLES.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: 55821 HIGHER ED / A7466 higher ed

 
FISCAL IMPLICATIONS:

To be determined with respect to the State.

 
EFFECTIVE DATE:
This act shall take place immediately and will be effective beginning
the 2021-2022 Academic Year.

2021-S4091 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4091
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee 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.

                                                            LBD05204-01-1

 S. 4091                             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]
 TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year;  (ii)  one
 hundred  [ten]  THIRTY-FIVE thousand dollars for recipients receiving an
 award in the two thousand [eighteen] TWENTY-TWO--two thousand [nineteen]
 TWENTY-THREE academic year; and (iii) one  hundred  [twenty-five]  FIFTY
 thousand  dollars  for recipients receiving an award in the two thousand
 [nineteen] TWENTY-THREE--two thousand [twenty] TWENTY-FOUR academic year
 and thereafter; 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 appli-
 cant'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, permanent 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] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO 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

 S. 4091                             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]
 TWENTY--two  thousand  [seventeen]  TWENTY-ONE  academic  year provided,
 however, that in the two thousand [twenty-one]  TWENTY-THREE--two  thou-
 sand  [twenty-two] TWENTY-FOUR academic year and every four years there-
 after, the undergraduate tuition charged by the institution  to  recipi-
 ents of an award shall be reset to equal the tuition rate established by
 the institution 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 TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR AND THEREAFT-

 S. 4091                             4
 
 ER TO 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 PARA-
 GRAPH 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 2021-2022 academic year.

2021-S4091A (ACTIVE) - Details

See Assembly Version of this Bill:: A601
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §669-h, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5821, A7486
2023-2024: S1287, A946

2021-S4091A (ACTIVE) - Summary

2021-S4091A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4091A      REVISED 02/03/2021

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the education law, in relation to eligibility for the
New York state excelsior scholarship for certain part-time applicants

 
PURPOSE:

This bill would expand the Excelsior Scholarship Program to part-time
students attending the State University of New York (SUNY) and the City
University of New York (CUNY) and to full and part-time students
enrolled in a Board of Educational Services (BOCES) or other approved
vocational program at a SUNY or CUNY community college.

 
SUMMARY OF PROVISIONS:

Section 1 provides as follows: The definition of full-time and part-time
attendance at two-year and four-year colleges operated by SUNY and CUNY
is defined as follows: The number of credits required per academic year

for four-year schools is reduced to 24 credits from 30 credits if
enrolled on a full-time basis or 12 credits per year on a part-time
basis. In the student's last semester, the student may take fewer cred-
its if less are needed to receive his or her degree.

Income limits are increased to $135,000 for the 2021-2022 academic year,
$150,000 for the 2022-2023 academic year, and $150,000 for the 2023-2024
academic year and thereafter. The law currently states that the tuition
to be paid for full-time students is $5,500. This section provides that
the tuition to be paid for part-time students is up to $2,750.

Full-time students will have 2 1/2 years for a two-year degree, 5 years
to obtain a four-year degree, and 6 years for a degree that normally
takes 5 years.

Part-time students will have 5 years to obtain a two-year degree, 10
years to obtain a four-year degree, and 12 years for a degree that
normally takes five years.

Should the student not receive his or her two-year, four-year, or five-
year degree for any reason, the student does not suffer any penalty with
respect to the scholarship received under the Excelsior Program.

Section 2 - This provides for an awarding of an Excelsior Scholarship
for those enrolled at least on a part-time basis at BOCES or other
approved vocational program at a SUNY or CUNY community college.

Section 3 - Effective Date. This act shall take place immediately and
will be effective beginning the 2021-2022 Academic Year.

 
JUSTIFICATION:

Currently, the Excelsior Scholarship program only covers full-time
students at SUNY or CUNY schools. This leaves out many students who, for
mostly economic reasons, are not able to attend college or training
after high school on a full-time basis.


It has become common knowledge that workers will need to retrain a
number of times over their lifetime. For most workers, it is unrealistic
to go to school full-time since it would mean quitting their jobs. While
these workers might want to go to school full-time, their bills will not
magically go away. Part-time attendance is the only practical route.

Also, many recent high school graduates cannot afford to go to school
full-time, so a part-time option is the only practical route for them as
well.

Further, many students will need vocational training and not a two-year
or four-year degree. This bill provides for such scholarships at two-
year colleges in the SUNY or CUNY system as well as BOCES.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: 55821 HIGHER EDUCATION / A7486 - Referred to Higher.  Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined with respect to the State. This bill will help many
counties and the City of New York whose community colleges are facing
financial difficulties due to declining enrollments.

Counties and the City of New York will benefit from increased enrollment
in their community colleges since the Excelsior Scholarship will be
offered to students who need more than two years to obtain their two-
year degree. This bill will expand the affordability of college.

 
EFFECTIVE DATE:
This act shall take place immediately and will be effective beginning
the 2021-2022 Academic Year.

2021-S4091A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4091--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05204-03-1

 S. 4091--A                          2
 
 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
 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 THIRTY-FIVE thousand dollars  for
 recipients   receiving   an   award  in  the  two  thousand  [seventeen]
 TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year;  (ii)  one
 hundred  [ten]  FIFTY thousand dollars for recipients receiving an award
 in the two thousand [eighteen] TWENTY-TWO--two thousand [nineteen] TWEN-
 TY-THREE academic year; and (iii) one hundred [twenty-five] FIFTY  thou-
 sand  dollars  for  recipients  receiving  an  award in the two thousand
 [nineteen] TWENTY-THREE--two thousand [twenty] TWENTY-FOUR academic year
 and thereafter; 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 appli-
 cant'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, permanent 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] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO 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

 S. 4091--A                          3

 program; and (b) an award under this program shall be applied to tuition
 after  the application of payments received under the tuition assistance
 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]
 TWENTY--two  thousand  [seventeen]  TWENTY-ONE  academic  year provided,
 however, that in the two thousand [twenty-one]  TWENTY-THREE--two  thou-
 sand  [twenty-two] TWENTY-FOUR academic year and every four years there-
 after, the undergraduate tuition charged by the institution  to  recipi-
 ents of an award shall be reset to equal the tuition rate established by
 the institution 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

 S. 4091--A                          4
 
 AVAILABILITY  OF  FUNDS,  AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR AND THEREAFT-
 ER TO 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 PARA-
 GRAPH 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 2021-2022 academic year.

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