S T A T E   O F   N E W   Y O R K
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                                 6645--A

                            I N  S E N A T E

                            February 2, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education  law,  in  relation  to  establishing  the
  Barbara Clark leaders of tomorrow scholarship

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

  Section 1. The education law is amended by adding a new section  669-h
to read as follows:
  S  669-H. THE BARBARA CLARK LEADERS OF TOMORROW SCHOLARSHIP. 1.  DEFI-
NITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "GOOD ACADEMIC STANDING" SHALL BE COMPRISED OF TWO NECESSARY COMPO-
NENTS: PURSUIT OF PROGRAM AND SATISFACTORY ACADEMIC PROGRESS;
  B. "PURSUIT OF PROGRAM" SHALL MEAN EARNING A PASSING OR FAILING LETTER
GRADE ON A SLIDING SCALE IN A CERTAIN PERCENTAGE  OF  FULL-TIME  MINIMUM
COURSE LOAD, SUCH SLIDING SCALE SHALL EXIST AS FOLLOWS:
  (I) FIFTY PERCENT FOR THE FIRST ACADEMIC YEAR;
  (II) SEVENTY-FIVE PERCENT FOR THE SECOND ACADEMIC YEAR; AND
  (III) ONE HUNDRED PERCENT FOR THE THIRD AND FOURTH ACADEMIC YEARS; AND
  C. "SATISFACTORY ACADEMIC PROGRESS" SHALL MEAN EARNING AND MAINTAINING
AT LEAST A B-AVERAGE (3.0 OR HIGHER ON A 4.0 GRADING SCALE) IN THE MINI-
MUM NUMBER OF SEMESTER HOURS REQUIRED PER YEAR.
  2. PURPOSE. THE BARBARA CLARK LEADERS OF TOMORROW SCHOLARSHIP IS HERE-
BY  ESTABLISHED  FOR  THE  PURPOSE OF GRANTING SCHOLARSHIP AWARDS TO NEW
YORK STATE HIGH SCHOOL GRADUATES WHO HAVE DEMONSTRATED A STRONG ACADEMIC
ABILITY, PARTICIPATED IN EXTRACURRICULAR  ACTIVITIES,  AND  DISPLAYED  A
COMMITMENT TO COMMUNITY SERVICE.
  3.  ELIGIBILITY.  SCHOLARSHIPS SHALL BE AWARDED TO ONE ELIGIBLE SENIOR
FROM EACH PARTICIPATING PUBLIC AND  PRIVATE  HIGH  SCHOOL  IN  NEW  YORK
STATE. A. TO BE ELIGIBLE FOR SUCH AWARD, AN APPLICANT MUST:
  (I) BE A UNITED STATES CITIZEN OR ELIGIBLE NONCITIZEN;
  (II) BE A LEGAL RESIDENT OF NEW YORK STATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13884-05-6
              

S. 6645--A                          2

  (III)  HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL IN JUNE OF THE
ACADEMIC YEAR FOR WHICH THE SCHOLARSHIP IS AWARDED;
  (IV) BEGIN STUDY AT AN APPROVED POST-SECONDARY INSTITUTION IN NEW YORK
STATE  IN  THE  ACADEMIC  YEAR  FOR  WHICH SUCH SCHOLARSHIP IS INITIALLY
AWARDED;
  (V) MAINTAIN A CUMULATIVE GRADE POINT AVERAGE OF 3.0 OR HIGHER;
  (VI) BE ENROLLED AS A FULL-TIME STUDENT TAKING TWELVE OR MORE  CREDITS
PER SEMESTER;
  (VII)  BE  MATRICULATED IN AN APPROVED PROGRAM OF STUDY AND BE IN GOOD
ACADEMIC STANDING; AND
  (VIII) NOT BE IN DEFAULT ON A STUDENT LOAN GUARANTEED BY THE NEW  YORK
STATE HIGHER EDUCATION SERVICES CORPORATION.
  B.  IF  TWO  OR MORE SENIORS FROM A PARTICIPATING SCHOOL QUALIFY UNDER
PARAGRAPH A OF THIS SUBDIVISION, FINANCIAL NEED  MAY  BE  CONSIDERED  TO
MAKE A FINAL DETERMINATION.
  4.  MAINTAINING  ELIGIBILITY.  ELIGIBLE  STUDENTS  MUST  MAINTAIN GOOD
ACADEMIC STANDING, STUDENTS WHO FAIL  TO  MAINTAIN  SUCH  STANDING  WILL
CEASE TO BE ELIGIBLE FOR PAYMENT UNTIL THEY ARE RESTORED TO GOOD ACADEM-
IC STANDING BY RAISING THEIR GRADE POINT AVERAGE TO THE REQUIRED MINIMUM
B-AVERAGE OR REQUESTED AND OBTAINED A B-AVERAGE WAIVER.
  5.  WAIVER. A. AN ELIGIBLE STUDENT MAY REQUEST AND OBTAIN A WAIVER FOR
THEIR FAILURE TO MAINTAIN THE REQUIRED CUMULATIVE B-AVERAGE AS A  RESULT
OF UNDUE HARDSHIP, BASED ON:
  (I) THE DEATH OF A STUDENT'S RELATIVE;
  (II) THE STUDENT'S PERSONAL ILLNESS OR INJURY; OR
  (III) OTHER EXTENUATING CIRCUMSTANCES.
  B. SUCH WAIVER MUST BE DOCUMENTED AND MUST RELATE TO THE CIRCUMSTANCES
THAT HAVE AFFECTED THE STUDENT'S ABILITY TO ACHIEVE A CUMULATIVE B-AVER-
AGE AS OF THE END OF A PARTICULAR SEMESTER OR TERM.
  C. SUCH WAIVER MAY BE GRANTED MORE THAN ONCE IF CIRCUMSTANCES WARRANT.
  D.  SCHOOLS MUST MAINTAIN DOCUMENTATION OF WHY WAIVERS ARE GRANTED BUT
DO NOT HAVE TO REPORT THE WAIVER IN THE CERTIFICATION PROCESS.
  6. LOSS/REINSTATEMENT OF GOOD ACADEMIC STANDING. A. STUDENTS WHO  LOSE
GOOD  ACADEMIC  STANDING  IN  A SEMESTER OR TERM WHEN THEY RECEIVED THIS
SCHOLARSHIP ARE NOT ELIGIBLE FOR SUCH SCHOLARSHIP FOR THE NEXT TERM.
  B. SUCH GOOD ACADEMIC STANDING MAY BE RESTORED IN ONE OF THE FOLLOWING
WAYS:
  (I) MAKE UP PAST DEFICIENCIES BY  COMPLETING  ONE  OR  MORE  TERMS  OR
SEMESTERS OF STUDY WITHOUT RECEIVING ANY STATE GRANTS OR SCHOLARSHIPS;
  (II) BE READMITTED TO SCHOOL AFTER AN ABSENCE OF AT LEAST ONE YEAR; OR
  (III) TRANSFER TO ANOTHER QUALIFIED INSTITUTION.
  C. ADDITIONALLY, STUDENTS HAVE ONE OPPORTUNITY TO OBTAIN A WAIVER FROM
THE  DEPARTMENT FOR EXTENUATING CIRCUMSTANCES. THE STUDENT'S INSTITUTION
IS REQUIRED TO PUBLISH AND ADHERE TO CRITERIA, SET FORTH BY THE INSTITU-
TION, UNDER WHICH IT WILL GRANT THE WAIVER. BEFORE GRANTING SUCH WAIVER,
INSTITUTIONAL PERSONNEL SHALL DISCUSS THE  DECISION  WITH  THE  STUDENT.
SUCH  WAIVER  IS  NOT  AUTOMATIC AND MUST BE DONE IN ACCORDANCE WITH THE
INSTITUTIONS PUBLISHED CRITERIA. IN ORDER TO THEN BE  ELIGIBLE  FOR  THE
SCHOLARSHIP  UNDER  THIS  SECTION,  THE  STUDENT MUST SUCCESSFULLY RAISE
THEIR GRADE POINT AVERAGE TO THE REQUIRED B-AVERAGE MINIMUM.
  7. PAYMENT. RECIPIENTS SHALL RECEIVE A FIVE THOUSAND  DOLLAR  SCHOLAR-
SHIP  TO  BE DISTRIBUTED IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED FIFTY
DOLLARS PER YEAR.
  8. SOURCE OF FUNDS. ALL FUNDS FOR THIS SCHOLARSHIP SHALL  BE  DISTRIB-
UTED BY THE NEW YORK STATE LOTTERY ESTABLISHED UNDER ARTICLE THIRTY-FOUR
OF THE TAX LAW.

S. 6645--A                          3

  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.