S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    946
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. JACOBSON, TAYLOR, REYES, SIMON, LAVINE, SAYEGH,
   WALLACE, HYNDMAN, LUPARDO, COLTON, BURKE, EPSTEIN, SEAWRIGHT, McMAHON,
   CRUZ, KIM, BUTTENSCHON -- read once and referred 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, subdivision 1 as amended by section 1 of part T of  chapter  56  of
 the  laws  of  2018,  subdivision 2 as amended by section 1 of part G of
 chapter 56 of the laws of 2022 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02198-01-3
              

 A. 946                              2
 
 (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
 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-THREE--two  thousand  [eighteen]   TWENTY-FOUR
 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 thou-
 sand 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
 A. 946                              3

 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  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 bene-
 fits 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] TWEN-
 TY-TWO--two thousand [seventeen] TWENTY-THREE  academic  year  provided,
 however, that in the two thousand [twenty-two] TWENTY-FOUR--two thousand
 [twenty-three]  TWENTY-FIVE academic year and every year 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-
 A. 946                              4
 
 TIONAL AUTHORITY. WITHIN AMOUNTS  APPROPRIATED  THEREFOR  AND  BASED  ON
 AVAILABILITY  OF  FUNDS,  AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND THERE-
 AFTER  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 2023-2024 academic year.