S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5320
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. EPSTEIN, SEAWRIGHT, CLARK, SIMON, COLTON, JACOB-
   SON, GIBBS, CUNNINGHAM,  ZINERMAN,  HEVESI,  REYES,  RAGA,  LEVENBERG,
   FORREST -- read once and referred to the Committee on Higher Education
 
 AN  ACT  to  amend  the education law, in relation to tuition assistance
   program awards for students experiencing homelessness

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of item 1 of clause (A) of subpara-
 graph (i) of paragraph a of subdivision 3 of section 667 of  the  educa-
 tion  law,  as amended by section 1 of part DD of chapter 56 of the laws
 of 2021, is amended to read as follows:
   In the case of students who have not  been  granted  an  exclusion  of
 parental  income,  who  have  qualified as an orphan, foster child, [or]
 ward of the court, OR HOMELESS  for  the  purposes  of  federal  student
 financial  aid  programs  authorized by Title IV of the Higher Education
 Act of 1965, as amended, ARE DEEMED HOMELESS UNDER  THE  FEDERAL  MCKIN-
 NEY-VENTO  HOMELESS  ASSISTANCE  ACT, AS AMENDED, or had a dependent for
 income tax purposes during the tax year next preceding the academic year
 for which application is made, except for those students who  have  been
 granted  exclusion  of  parental  income  who have a spouse but no other
 dependent:
   § 2. Section 661 of the education law  is  amended  by  adding  a  new
 subdivision 8 to read as follows:
   8.  HOMELESS  STATUS.  THE  PRESIDENT SHALL PROMULGATE RULES AND REGU-
 LATIONS FOR A UNIFORM VERIFICATION METHOD OF A STUDENT'S STATUS AS HOME-
 LESS TO BE USED FOR ALL AWARDS AND LOANS MADE PURSUANT TO THIS  ARTICLE.
 SUCH RULES AND REGULATIONS SHALL UTILIZE THE SAME METHOD OF VERIFICATION
 OF  HOMELESSNESS AS FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY
 TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, OR THE FEDERAL
 MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00078-01-5
 A. 5320                             2
              

 
   § 3. Subdivision 4 of section 663 of the education law, as amended  by
 section  1  of  part X of chapter 56 of the laws of 2014,  is amended to
 read as follows:
   4.  Relinquishing of parental control. In determining the amount of an
 award, the president may, in cases of  unusual  and  exceptional  family
 circumstances  warranting  such  action, recognize an existing condition
 wherein parental control has in effect been relinquished by the  parents
 or  others  responsible  for  the  applicant,  and  notwithstanding  the
 provisions of subdivision three of this section, the  applicant  has  in
 effect been emancipated. Provided, however, that students who have qual-
 ified  as an orphan, foster child, or ward of the court for the purposes
 of federal student financial aid programs authorized by Title IV of  the
 Higher  Education Act of 1965, as amended, OR THE FEDERAL MCKINNEY-VENTO
 HOMELESS ASSISTANCE ACT, AS AMENDED, shall not be considered emancipated
 for the purposes of determining an award pursuant to section six hundred
 sixty-seven of this article. The  criteria  used  in  determining  these
 cases  of  unusual  and exceptional family circumstances shall be estab-
 lished by the president with the approval of the board of  trustees  and
 the director of the division of the budget.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which 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.