§ 668-d. World trade center memorial scholarships. 1. Eligible groups.
Notwithstanding subdivisions three and five of section six hundred
sixty-one of this article, children, spouses and financial dependents of
innocent victims who have died or have been severely and permanently
disabled, or those innocent victims who have become severely and
permanently disabled as a direct result of an injury sustained in the
impact area of the September eleventh, two thousand one attack on the
United States of America, shall be eligible to receive a memorial
scholarship. The attack on the United States of America shall consist of
the attack on the world trade center, the attack on the Pentagon and the
hijackings and crashes of United Airlines flights 93 and 175 and
American Airlines flights 11 and 77.

2. Amount. (a) The president shall grant annual scholarships in the
following amounts:

(1) If the recipient attends an institution of the city university of
New York or an institution of the state university of New York other
than the statutory colleges at Cornell, the college of environmental
science and forestry at Syracuse and the college of ceramics at Alfred,
the annual award shall be an amount equal to: the tuition charged at
such institution provided that, notwithstanding any provision of law to
the contrary, the tuition charged to award recipients shall not exceed
that charged to state resident students attending such institution; the
mandatory fees charged at such institution; and the non-tuition cost of
attendance at such institution or college, provided that the scholarship
shall not exceed an amount that is equal to the total cost of attendance
determined for federal Title IV student financial aid purposes, less all
other scholarships and grants provided by New York state, other states,
the federal government, or other governments, and the amount of
educational benefits paid under any program that would duplicate the
purposes of this program, provided that any scholarships or grants
provided to a recipient by the institution which are intended to fund
any portion of the difference between the annual state award and the
actual costs of attendance at any such institution shall not be
considered to duplicate the purposes of this program; or

(2) If the recipient attends any other approved program within New
York state, the annual award shall be based upon an amount equal to: the
tuition charged to state resident students attending a four-year college
of the state university of New York; the average mandatory fees charged
at four-year colleges of the state university of New York, or the actual
tuition and fees charged to the recipient, whichever is less; and the
average non-tuition cost of attendance, as determined by the president
and as approved by the director of the budget, for a student at the
state university of New York or actual non-tuition cost of attendance at
such institution, whichever is less, provided that the scholarship shall
not exceed an amount that is equal to the total cost of attendance
determined for federal Title IV student financial aid purposes, less all
other scholarships and grants provided by New York state, other states,
the federal government, or other governments, and the amount of
educational benefits paid under any program that would duplicate the
purposes of this program, provided that any scholarships or grants
provided to a recipient by the institution which are intended to fund
any portion of the difference between the annual state award and the
actual costs of attendance at any such institution shall not be
considered to duplicate the purposes of this program.

(3) Notwithstanding paragraph a of subdivision four of section six
hundred sixty-one of this article, if the recipient is a New York state
resident and, on September eleventh, two thousand one, was matriculated
and in attendance in an institution of higher education that provides a
two-year or four-year program of instruction for which the institution
awards an associate or baccalaureate degree and which is eligible to
participate in a program under Title IV of the Higher Education Act of
1965, as amended or any successor statutes located outside of New York
state, the annual award shall be based upon an amount equal to: the
tuition charged to state resident students attending a four-year college
of the state university of New York; the average mandatory fees charged
at four-year colleges of the state university of New York or the actual
tuition and fees charged to the recipient, whichever is less; and the
average non-tuition cost of attendance, as determined, by the president
and as approved by the director of the budget, for a student at the
state university of New York or actual non-tuition cost of attendance at
such institution, whichever is less, provided that the scholarship shall
not exceed an amount that is equal to the total cost of attendance
determined for federal Title IV student financial aid proposes, less all
other scholarships and grants provided by New York state, other states,
the federal government, or other governments, and the amount of
educational benefits paid under any program that would duplicate the
purposes of this program, provided that any scholarships or grants
provided to a recipient by the institution which are intended to fund
any portion of the difference between the annual state award and the
actual annual costs of attendance at any such institution shall not be
considered to duplicate the purposes of this program.

(4) "Non-tuition cost of attendance", as used in this subdivision,
shall mean: (i) the actual amount charged by the institution for room
and board, and (ii) an allowance for transportation, books and supplies
as determined by the president and as approved by the director of the
budget, provided that such determination shall be made no later than
December first of each year for use in the succeeding academic year. In
the event a student does not incur room or board charges at the
institution, "non-tuition cost of attendance" shall mean an allowance
for room and board as determined by the president and approved by the
director of the budget. In determining allowances pursuant to this
subparagraph, the president may take into consideration the allowances
provided for in the Pell grant program.

(b) In no event shall the combination of all student financial aid
received by a student exceed a recipient's total cost of attendance at
the institution being attended.

3. Duration. Awards under this section shall be payable for each of
not more than four academic years of undergraduate study or five
academic years if a program normally requires five years, as defined by
the commissioner pursuant to article thirteen of this title.