S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8404
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  graduate  tuition
   assistance program awards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 of  section  661  of  the  education  law  is
 amended by adding a new paragraph d to read as follows:
   D.  NO  PROVISION OF THIS ARTICLE SHALL BE DEEMED TO RESTRICT ELIGIBLE
 GRADUATE STUDENTS FROM RECEIVING AWARDS PURSUANT TO SECTION SIX  HUNDRED
 SIXTY-SEVEN-B OF THIS PART.
   §  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 OR GRADUATE
 student who has reached the age of twenty-two on or before June  thirti-
 eth  prior  to  the academic year for which application is made 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  undergraduate  OR GRADUATE student who was allowed to exclude
 parental income pursuant to  the  provisions  of  subdivision  three  of
 section  six hundred three of this chapter as they existed prior to July
 first, nineteen hundred seventy-four may continue to exclude such income
 for so long as he continues to comply with such provisions.
   § 4. The education law is amended by adding a  new  section  667-b  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14081-01-4
              

 S. 8404                             2
 
   §  667-B.  GRADUATE  TUITION  ASSISTANCE PROGRAM AWARDS. 1.  RECIPIENT
 QUALIFICATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION
 TO THE CONTRARY, GRADUATE TUITION ASSISTANCE  PROGRAM  AWARDS  SHALL  BE
 AVAILABLE  FOR  ALL STUDENTS WHO ARE ENROLLED IN APPROVED POST-BACCALAU-
 REATE  PROGRAMS  LEADING  TO A GRADUATE, FIRST PROFESSIONAL, OR DOCTORAL
 DEGREE IN SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, EDUCATION OR  A
 LICENSED  HEALTHCARE  PROFESSION,  AND  WHO  DEMONSTRATE  THE ABILITY TO
 COMPLETE SUCH COURSES, IN ACCORDANCE WITH STANDARDS ESTABLISHED  BY  THE
 COMMISSIONER,  PROVIDED, HOWEVER, THAT NO AWARD SHALL EXCEED ONE HUNDRED
 PERCENT OF THE AMOUNT OF TUITION CHARGED.
   2. DURATION. NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR AWARDS FOR MORE
 THAN TWO YEARS OF POST-BACCALAUREATE STUDIES. A STUDENT MAY NOT  RECEIVE
 AWARDS  UNDER  THIS  SECTION  AT THE SAME TIME THEY RECEIVE AWARDS UNDER
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS  SUBPART,  NOR  WHILE  THEY  ARE
 ENROLLED AS AN UNDERGRADUATE STUDENT.
   3. GRADUATE TUITION ASSISTANCE AWARDS. THE PRESIDENT SHALL MAKE AWARDS
 TO  GRADUATE  STUDENTS  ENROLLED IN APPROVED PROGRAMS AT DEGREE GRANTING
 INSTITUTIONS IN THE FOLLOWING AMOUNTS:
   (A) FOR EACH YEAR OF GRADUATE STUDIES, AN  ELIGIBLE  GRADUATE  STUDENT
 MAY  RECEIVE  UP  TO FIVE THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS OR THE
 COST OF THEIR TUITION, WHICHEVER IS LESS; AND
   (B) THE BASE AMOUNT AS DETERMINED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 
 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT
 
 (I) LESS THAN SEVEN THOUSAND        NONE
 DOLLARS
 (II) SEVEN THOUSAND DOLLARS OR      SEVEN PER CENTUM OF EXCESS
 MORE, BUT LESS THAN ELEVEN          OVER SEVEN THOUSAND DOLLARS
 THOUSAND DOLLARS
 (III) ELEVEN THOUSAND DOLLARS OR    TWO HUNDRED EIGHTY DOLLARS
 MORE, BUT LESS THAN EIGHTEEN        PLUS TEN PER CENTUM OF EXCESS
 THOUSAND DOLLARS                    OVER ELEVEN THOUSAND DOLLARS
 (IV) EIGHTEEN THOUSAND DOLLARS OR   NINE HUNDRED EIGHTY DOLLARS
 MORE, BUT NOT MORE THAN EIGHTY      PLUS TWELVE PER CENTUM OF
 THOUSAND DOLLARS                    EXCESS OVER EIGHTEEN THOUSAND DOLLARS.
 
   (C) IF THE AMOUNT OF REDUCTION IS NOT A  WHOLE  DOLLAR,  IT  SHALL  BE
 REDUCED TO THE NEXT LOWEST WHOLE DOLLAR; AND
   (D)  THE  MINIMUM AWARD PURSUANT TO THIS SECTION SHALL BE ONE THOUSAND
 DOLLARS.
   4. RESTRICTIONS. IN NO EVENT SHALL ANY AWARD:
   (A) EXCEED THE AMOUNT OF ANNUAL TUITION CHARGED TO SUCH STUDENT  AFTER
 FEDERAL, STATE, OR OTHER EDUCATION AID IS RECEIVED OR RECEIVABLE BY SUCH
 STUDENT  DURING THE SCHOOL YEAR FOR WHICH SUCH AWARD IS APPLICABLE, THAT
 IN THE JUDGEMENT OF THE PRESIDENT WOULD DUPLICATE THE PURPOSES  OF  THIS
 AWARD.  THE  PRESIDENT SHALL PROMULGATE RULES AND REGULATIONS TO DISTIN-
 GUISH BETWEEN DUPLICATIVE AID, AND NON-DUPLICATIVE AID SUCH AS  RESEARCH
 AND FELLOWSHIP FUNDING;
   (B)  BE  MADE WHEN INCOME EXCEEDS THE MAXIMUM INCOME SET FORTH IN THIS
 SECTION; OR
   (C) BE MADE FOR LESS THAN ONE  THOUSAND  DOLLARS,  EXCEPT  WHERE  SUCH
 AWARD IS REDUCED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
 S. 8404                             3
 
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.