S T A T E O F N E W Y O R K
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9213--B
I N A S S E M B L Y
February 4, 2016
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Introduced by M. of A. SEPULVEDA, HARRIS, MOSLEY, RUSSELL, CERETTO,
SIMON, CROUCH, MONTESANO, GOTTFRIED, COLTON, LUPINACCI, McDONOUGH,
BLAKE, WOZNIAK, COOK, BRABENEC, WRIGHT, PICHARDO, ARROYO, SOLAGES,
MARKEY, BICHOTTE, ABINANTI, LAVINE, McDONALD, BUTLER, ROZIC, CRESPO,
ROBINSON, DAVILA, RAIA, SCHIMEL, KEARNS, CORWIN, THIELE, CUSICK,
PEOPLES-STOKES, RA, LUPARDO, BRENNAN, DILAN, RIVERA, ENGLEBRIGHT,
PRETLOW, ORTIZ, AUBRY, STIRPE, PAULIN, MAGEE, BENEDETTO, JEAN-PIERRE,
MILLER, HIKIND, SIMANOWITZ, MAYER, FAHY, LINARES, WEPRIN, DenDEKKER,
BRAUNSTEIN, HEVESI, LENTOL, LIFTON, BRONSON, BARRON, JOYNER, LOPEZ,
DUPREY, HUNTER, STECK, RICHARDSON, KIM, WALKER, HYNDMAN, DiPIETRO,
HOOPER -- Multi-Sponsored by -- M. of A. CANCEL, FITZPATRICK, GARBARI-
NO, McKEVITT, MOYA, PERRY, RAMOS, RODRIGUEZ, SKARTADOS, TITUS -- read
once and referred to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13884-08-6
A. 9213--B 2
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 RESIDENT OF NEW YORK STATE;
(II) HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL IN JUNE OF THE
ACADEMIC YEAR FOR WHICH THE SCHOLARSHIP IS AWARDED;
(III) BEGIN STUDY AT AN APPROVED POST-SECONDARY INSTITUTION IN NEW
YORK STATE IN THE ACADEMIC YEAR FOR WHICH SUCH SCHOLARSHIP IS INITIALLY
AWARDED;
(IV) MAINTAIN A CUMULATIVE GRADE POINT AVERAGE OF 3.0 OR HIGHER;
(V) BE ENROLLED AS A FULL-TIME STUDENT TAKING TWELVE OR MORE CREDITS
PER SEMESTER;
(VI) BE MATRICULATED IN AN APPROVED PROGRAM OF STUDY AND BE IN GOOD
ACADEMIC STANDING; AND
(VII) 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-
A. 9213--B 3
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.