S T A T E   O F   N E W   Y O R K
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                                  2845

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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  eligibility  require-
  ments for student financial aid

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section  661  of  the  education  law,  as
amended  by  chapter  309 of the laws of 1996, paragraph a as amended by
section 1 and paragraph c as amended, paragraphs d and e  as  added  and
paragraph  f  as relettered by section 2 of part E1 of chapter 57 of the
laws of 2007, and paragraph f as added by chapter 332  of  the  laws  of
1998, is amended to read as follows:
  4.  Attendance  in approved courses of study in approved institutions.
To be eligible to receive payments from the president a student:
  a. Must be matriculated in an approved  program,  as  defined  by  the
commissioner  pursuant  to article thirteen OF THIS CHAPTER, OR PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, in an institution  situated  in  the
state,  which has been approved and operating in this state for at least
one year, and has been approved for  participation  in  federal  student
financial  aid  programs  authorized by Title IV of the Higher Education
Act of 1965, as amended. Nothing  in  this  subdivision  shall  preclude
payment  of an award to a recipient who receives instruction outside the
state, which instruction is conducted by an institution situated in  the
state,  and  is  part of the student's program of study at such institu-
tion; provided, however, that nothing in this subdivision shall preclude
the receipt of a loan pursuant to section six  hundred  eighty  of  this
article;  provided,  further,  that  students not attending institutions
eligible for participating in federal Title IV financial aid programs on
or before July first, two thousand seven: (i) who received  their  first
award under this article before the two thousand six--two thousand seven
academic  year  shall  be eligible for payments until the end of the two

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07039-02-9
              

S. 2845                             2

thousand nine--two thousand ten academic  year;  or  (ii)  who  received
their first award under this article for the two thousand six--two thou-
sand  seven  academic year through and including the two thousand nine--
two  thousand ten academic year shall be eligible for payments until the
end of the two thousand fourteen--two thousand fifteen academic year.
  b. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE AND  THE  RULES
AND  REGULATIONS  PROMULGATED PURSUANT THERETO, THE PRESIDENT SHALL MAKE
TUITION ASSISTANCE PROGRAM AWARDS AVAILABLE TO  ALL  OTHERWISE  ELIGIBLE
STUDENTS  WHO  ARE  ATTENDING  AN  EDUCATIONAL INSTITUTION IN THIS STATE
THAT:
  (I) IS EXEMPT FROM FEDERAL TAXATION UNDER  SECTION  501(C)(3)  OF  THE
INTERNAL REVENUE CODE; AND
  (II) IS ACCREDITED BY AN AGENCY RECOGNIZED BY THE UNITED STATES SECRE-
TARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
  (III)  ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGI-
BLE TO RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOU-
SAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE, ET. SEQ. AND THE
REGULATIONS PROMULGATED THEREUNDER; AND
  (IV) PROVIDES A PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS.
  C. Must be in full-time attendance, as defined  by  the  commissioner,
except  as otherwise specifically provided in article fourteen, and, for
a student having completed his or her second academic year, must have  a
cumulative  C  average  or  its  equivalent. The president may waive the
requirement that the student have a cumulative C average or  its  equiv-
alent  for  undue  hardship based on: (i) the death of a relative of the
student; (ii) the personal injury or illness of the  student;  or  (iii)
other extenuating circumstances; and
  [c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to  academic  year  two  thousand  six--two  thousand seven, must have a
certificate of graduation from a school providing  secondary  education,
or  the  recognized  equivalent  of such certificate; or have achieved a
passing score, as determined by the United States  secretary  of  educa-
tion,  on  a  federally approved examination which demonstrates that the
student can benefit from the education being offered;
  [d.] E. For students who first receive aid pursuant to this chapter in
academic year two thousand six--two thousand seven, must have a  certif-
icate  of graduation from a recognized school providing secondary educa-
tion within the United States, or  the  recognized  equivalent  of  such
certificate, or have been admitted to such institution after receiving a
passing  score  on a federally approved ability to benefit test that has
been independently  administered  and  evaluated,  as  provided  by  the
commissioner;
  [e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have  (i)  a certificate of graduation from a school providing secondary
education from a state within the United States; or (ii) the  recognized
equivalent  of  such certificate; or (iii) received a passing score on a
federally approved ability to benefit test that has been  identified  by
the  board of regents as satisfying the eligibility requirements of this
section and has been independently administered and evaluated as defined
by the commissioner[.];
  [f. for] G. FOR students who are disabled as defined by the  Americans
With  Disability  Act  of  1990,  42 USC 12101, the full-time attendance
requirement is eliminated. Such disabled students may  be  in  part-time

S. 2845                             3

attendance,  as  defined  by the commissioner in order to be eligible to
receive payments from the president.
  S 2. This act shall take effect immediately and shall apply to academ-
ic year 2010-2011 and to all subsequent academic years.