§ 669-h. Excelsior scholarship. 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; (b) if enrolled in (i) a
public institution of higher education prior to application, has
completed at least thirty combined credits per year following the
student's start date, or its equivalent, 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 combined credits per
year following the student's start date, or its equivalent, applicable
to his or her program or programs of study and which were accepted upon
transfer to a public institution of higher education; (c) enrolls in at
least twelve credits per semester and completes at least thirty combined
credits per year 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.
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 applicants 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 thousand dollars for recipients receiving an award in the
two thousand seventeen--two thousand eighteen academic year; (ii) one
hundred ten thousand dollars for recipients receiving an award in the
two thousand eighteen--two thousand nineteen academic year; and (iii)
one hundred twenty-five thousand dollars for recipients receiving an
award in the two thousand nineteen--two thousand twenty 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
applicant'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
availability of funds, awards shall be granted beginning with the two
thousand seventeen--two thousand eighteen academic year and thereafter
to applicants that the corporation has determined are eligible to
receive such awards. The corporation shall grant such awards in an
amount up to five thousand five hundred dollars or actual tuition,
whichever is less; provided, however, (a) a student who receives
educational grants and/or scholarships that cover 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 benefits 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--two
thousand seventeen academic year provided, however, that in the two
thousand twenty-two--two thousand twenty-three 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 institution 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.

3. Duration. An eligible recipient shall not receive an award for more
than four academic years of full-time undergraduate study or five
academic years if the program of study normally requires five years. An
eligible recipient enrolled in an eligible two year program of study
shall not receive an award for more than two 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.

4. Conditions. (a) An applicant who would be eligible for a New York
state tuition assistance program award pursuant to section six hundred
sixty-seven of this subpart and/or a federal Pell grant pursuant to
section one thousand seventy of title twenty of the United States code,
et. seq., is required to apply for each such award.

(b) An applicant who has earned a bachelor's degree is ineligible to
receive an award pursuant to this section.

(c) An applicant who has earned an associate's degree is ineligible to
receive an award for a two year program of study pursuant to this
section.

(d) Notwithstanding paragraph c of subdivision four of section six
hundred sixty-one of this part, a school shall certify that a recipient
has achieved a grade point average necessary for successful completion
of his or her coursework to receive payment under the award.

(e) A recipient shall agree to reside exclusively in New York state,
and shall not be employed in any other state, for a continuous number of
years equal to the duration of the award received within six months of
receipt of his or her final award payment, and sign a contract with the
corporation to have his or her full award converted to a student loan
according to a schedule to be determined by the corporation if such
student fails to fulfill this requirement. The terms and conditions of
this paragraph may, as established by the rules and regulations of the
corporation, be deferred: (i) to complete undergraduate study; or (ii)
to attend graduate school on at least a half-time basis. Any obligation
to comply with such provisions as outlined in this paragraph may be
cancelled upon the death of the recipient. Notwithstanding any
provisions of this paragraph to the contrary, the corporation is
authorized to promulgate rules and regulations to provide for the waiver
or suspension of any financial obligation which would involve extreme
hardship.

(f) Notwithstanding paragraph (c) of subdivision one of this section,
a student who otherwise satisfies all of the requirements under this
section but fails to complete at least thirty combined credits, or its
equivalent, applicable to his or her program or programs of study in any
year shall be eligible to receive an award payment for the first
semester of such year, provided however, the student shall be ineligible
for any further payments under this section.

5. Recipient selection. The president may establish: (a) an
application deadline and (b) a method of selecting recipients if in any
given year there are insufficient funds to cover the needs of all the
applicants provided that priority shall be given to eligible applicants
who are currently in attendance at a public institution of higher
education.

6. Rules and regulations. The corporation is authorized to promulgate
rules and regulations, and may promulgate emergency regulations,
necessary for the implementation of the provisions of this section
including, but not limited to, the criteria for distributing the awards,
which may include a lottery or other form of random selection.