S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1597
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, VANEL, HARRIS, MOSLEY, JENNE, SIMON,
   GOODELL, MONTESANO, GOTTFRIED, COLTON,  LUPINACCI,  McDONOUGH,  BLAKE,
   COOK, BRABENEC, WRIGHT, PICHARDO, ARROYO, SOLAGES, BICHOTTE, ABINANTI,
   LAVINE,  McDONALD,  BUTLER,  ROZIC, CRESPO, DE LA ROSA, GANTT, DAVILA,
   RAIA, KEARNS, THIELE,  CUSICK,  PEOPLES-STOKES,  RA,  LUPARDO,  DILAN,
   RIVERA,  ENGLEBRIGHT,  PRETLOW,  ORTIZ,  AUBRY, STIRPE, PAULIN, MAGEE,
   BENEDETTO, JEAN-PIERRE, M. G. MILLER, HIKIND, SIMANOWITZ, MAYER, FAHY,
   WEPRIN,  DenDEKKER,  BRAUNSTEIN,  HEVESI,  LENTOL,  LIFTON,   BRONSON,
   BARRON,  JOYNER,  LOPEZ, HUNTER, STECK, RICHARDSON, KIM, WALKER, HYND-
   MAN, DiPIETRO, HOOPER, ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.
   FITZPATRICK, GARBARINO, McKEVITT, MOYA, PERRY, RAMOS, RODRIGUEZ, SKAR-
   TADOS,  TITUS  --  read  once  and referred to the Committee on Higher
   Education
 
 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:
   §  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.
                                                            LBD06619-01-7

              

 A. 1597                             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. 1597                             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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.