S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    27
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  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
              

 S. 27                               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.