S T A T E O F N E W Y O R K
________________________________________________________________________
5486--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. HIKIND, LENTOL, J. RIVERA, V. LOPEZ, WEINSTEIN --
Multi-Sponsored by -- M. of A. ABBATE, ALFANO, BACALLES, BENJAMIN,
BOYLAND, BRENNAN, BROOK-KRASNY, CAMARA, COLTON, COOK, CUSICK, CYMBROW-
ITZ, ERRIGO, ESPAILLAT, FINCH, HEASTIE, HEVESI, JACOBS, JEFFRIES,
KOON, LANCMAN, MAISEL, MAYERSOHN, McDONOUGH, MENG, ORTIZ, PERRY, PHEF-
FER, P. RIVERA, SEMINERIO, SPANO, TOBACCO, TOWNS, TOWNSEND, WALKER --
read once and referred to the Committee on Higher Education -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07039-03-9
A. 5486--A 2
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
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
A. 5486--A 3
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
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 2009-2010 and to all subsequent academic years.