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

                                  9213

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced  by  M.  of A. SEPULVEDA, HARRIS -- read once and referred to
  the Committee on Higher Education

AN ACT to amend the education law, in relation to establishing  the  New
  York state 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 NEW YORK STATE 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 NEW YORK LEADERS OF  TOMORROW  SCHOLARSHIP  IS  HEREBY
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. TO BE ELIGIBLE FOR SUCH AWARD, AN APPLICANT MUST:
  A. BE A UNITED STATES CITIZEN OR ELIGIBLE NONCITIZEN;
  B. BE A LEGAL RESIDENT OF NEW YORK STATE;
  C. HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL  IN  JUNE  OF  THE
ACADEMIC YEAR FOR WHICH THE SCHOLARSHIP IS AWARDED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13884-01-6
              

A. 9213                             2

  D.  BEGIN  STUDY AT AN APPROVED POST-SECONDARY INSTITUTION IN NEW YORK
STATE IN THE ACADEMIC YEAR  FOR  WHICH  SUCH  SCHOLARSHIP  IS  INITIALLY
AWARDED;
  E. MAINTAIN A CUMULATIVE GRADE POINT AVERAGE OF 3.0 OR HIGHER;
  F.  BE  ENROLLED  AS A FULL-TIME STUDENT TAKING TWELVE OR MORE CREDITS
PER SEMESTER;
  G. BE MATRICULATED IN AN APPROVED PROGRAM OF  STUDY  AND  BE  IN  GOOD
ACADEMIC STANDING; AND
  H.  NOT  BE  IN  DEFAULT  ON A STUDENT LOAN GUARANTEED BY THE NEW YORK
STATE HIGHER EDUCATION SERVICES CORPORATION.
  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 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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

                                 9213--A

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced by M. of A. SEPULVEDA, HARRIS, MOSLEY, RUSSELL, CLARK, CERET-
  TO, SIMON, CROUCH, MONTESANO, GOTTFRIED, COLTON, LUPINACCI, McDONOUGH,
  BLAKE,  WOZNIAK  -- Multi-Sponsored by -- M. of A. THIELE -- read once
  and referred  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;

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

                                                           LBD13884-04-6

A. 9213--A                          2

  (II) BE A LEGAL RESIDENT OF NEW YORK STATE;
  (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.

A. 9213--A                          3

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