Senate Bill S5795

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5795
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, HOYLMAN-SIGAL, PARKER -- 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 providing excelsior
   scholarships for low-income law students

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 669-h of the education law, as
 amended by section 1 of part T of chapter 56 of the  laws  of  2018,  is
 amended to read as follows:
   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,  JURIS  DOCTOR,  OR  MASTER OF LAWS 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] SUCH
 APPLICANT'S program or programs of study or (ii) an institution of high-
 er  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]  SUCH APPLICANT'S 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] SUCH APPLICANT'S 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 Disabili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10470-01-5
              

 S. 5795                             2
 
 ties  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, perma-
 nent 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.  Subdivision 2 of section 669-h of the education law, as amended
 by section 1 of part G of chapter 56 of the laws of 2022, is amended  to
 read as follows:
   2.  Amount.  Within  amounts appropriated therefor and based on avail-
 ability of funds, awards shall be granted beginning with the  two  thou-
 sand  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  institu-
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 tion  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  chap-
 ter,  and any other law, rule or regulation to the contrary, the [under-
 graduate] 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 forthcom-
 ing 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. Subdivision 3 of section 669-h of the education law, as added by
 section 1 of part HHH of chapter 59 of the laws of 2017, is  amended  to
 read as follows:
   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. AN ELIGIBLE
 RECIPIENT ENROLLED IN A JURIS DOCTOR OR MASTER OF LAWS PROGRAM SHALL NOT
 RECEIVE AN AWARD FOR LONGER THAN THE DURATION REQUIRED TO COMPLETE  SUCH
 PROGRAM. 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  estab-
 lished by the corporation in regulation.
   §  4. Paragraph (b) of subdivision 4 of section 669-h of the education
 law, as added by section 1 of part HHH of chapter  59  of  the  laws  of
 2017, is amended to read as follows:
   (b)  An  applicant who has earned a bachelor's degree is ineligible to
 receive an award pursuant to  this  section  UNLESS  SUCH  APPLICANT  IS
 ENROLLED IN A JURIS DOCTOR OR MASTER OF LAWS PROGRAM.
   § 5. This act shall take effect immediately.