S T A T E O F N E W Y O R K
________________________________________________________________________
6211
2017-2018 Regular Sessions
I N A S S E M B L Y
February 27, 2017
___________
Introduced by M. of A. MOYA -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to tuition assistance
program awards for graduate students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 667 of the education law, as
amended by section 1 of part J of chapter 58 of the laws of 2011, is
amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. NO
GRADUATE STUDENT SHALL BE ELIGIBLE FOR MORE THAN FOUR ACADEMIC YEARS OF
STUDY PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR
MORE THAN ONE DEGREE PROGRAM AT THE MASTER'S, FIRST PROFESSIONAL OR
DOCTORATE LEVEL. NO STUDENT SHALL BE ELIGIBLE FOR A TOTAL OF MORE THAN
THE EQUIVALENT OF EIGHT YEARS OF COMBINED UNDERGRADUATE AND GRADUATE
STUDY. Any semester, quarter, or term of attendance during which a
student receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this subpart shall be counted as one-half of a semester,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07228-01-7
A. 6211 2
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
sixty-seven-a of this subpart shall not be counted toward the maximum
term of eligibility under this section.
§ 2. Paragraph c of subdivision 3 of section 667 of the education law,
as relettered by section 2 of part J of chapter 58 of the laws of 2011,
is relettered paragraph d and a new paragraph c is added to read as
follows:
C. AMOUNT. THE PRESIDENT SHALL MAKE AWARDS TO GRADUATE STUDENTS IN THE
FOLLOWING AMOUNTS:
(I) FOR EACH YEAR OF GRADUATE STUDY, ASSISTANCE SHALL BE PROVIDED AS
COMPUTED ON THE BASIS OF THE AMOUNT WHICH IS THE LESSER OF THE FOLLOW-
ING:
(A) FIVE HUNDRED FIFTY DOLLARS; OR
(B) ONE HUNDRED PERCENT OF THE AMOUNT OF TUITION CHARGED (EXCLUSIVE OF
EDUCATIONAL FEES).
(II) EXCEPT FOR STUDENTS AS NOTED IN SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, THE BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
AMOUNT OF INCOME SCHEDULE OF REDUCTION OF
BASE AMOUNT
(A) LESS THAN TWO THOUSAND DOLLARS NONE
(B) TWO THOUSAND DOLLARS OR MORE, BUT SEVEN AND SEVEN-TENTHS
NOT MORE THAN TWENTY THOUSAND DOLLARS PER CENTUM OF THE EXCESS
OVER TWO
THOUSAND DOLLARS
(III) FOR STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL INCOME
AND WERE SINGLE WITH NO DEPENDENT FOR INCOME TAX PURPOSES DURING THE TAX
YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICATION IS MADE, THE
BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, SHALL
BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
AMOUNT OF INCOME SCHEDULE OF REDUCTION
OF BASE AMOUNT
(A) LESS THAN ONE THOUSAND DOLLARS NONE
(B) ONE THOUSAND DOLLARS OR MORE, TWENTY-SIX PER CENTUM OF THE
BUT NOT MORE THAN FIVE THOUSAND EXCESS OVER ONE
SIX HUNDRED SIXTY-SIX DOLLARS THOUSAND DOLLARS
(IV) IF THE AMOUNT OF REDUCTION IS NOT A WHOLE DOLLAR, IT SHALL BE
REDUCED TO THE NEXT LOWEST WHOLE DOLLAR.
(V) THE AWARD SHALL BE THE NET AMOUNT OF THE BASE AMOUNT DETERMINED
PURSUANT TO SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH BUT THE AWARD
SHALL NOT BE REDUCED BELOW SEVENTY-FIVE DOLLARS. IF THE INCOME EXCEEDS
THE MAXIMUM AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (II) OR (III)
OF THIS PARAGRAPH, NO AWARD SHALL BE MADE.
§ 3. Subdivision 5 of section 663 of the education law, as amended by
section 3 of part J of chapter 58 of the laws of 2011, is amended to
read as follows:
5. Adjustments of income. A. EXCEPT FOR PURPOSES OF PARAGRAPHS A AND
B OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART,
IF, DURING THE ACADEMIC YEAR IN WHICH THE APPLICANT WILL RECEIVE AN
AWARD, ONE OR MORE OF EITHER THE PARENTS OF THE APPLICANT OR OTHER
DEPENDENT CHILDREN OF SUCH PARENTS, THE SPOUSE OF THE APPLICANT, OR ONE
OR MORE DEPENDENT CHILDREN OF THE APPLICANT, IN ADDITION TO THE APPLI-
CANT, WILL BE IN FULL-TIME ATTENDANCE IN AN APPROVED PROGRAM, THE
COMBINED NET TAXABLE INCOME DETERMINED UNDER SUBDIVISION ONE OF THIS
A. 6211 3
SECTION SHALL BE DIVIDED BY THE TOTAL NUMBER OF THE AFORESAID PERSONS
(INCLUDING THE APPLICANT) WHO WILL BE IN SUCH ATTENDANCE, AND THE
RESULTING QUOTIENT SHALL BE DEEMED THE APPLICABLE INCOME IN DETERMINING
THE APPLICANT'S AWARD FOR SUCH ACADEMIC YEAR.
B. In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during the academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent child of
such parents, the spouse of the applicant, or one or more dependent
children of the applicant, in addition to the applicant, will be in
full-time attendance in an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional two thousand dollars for
each other such person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting amount
shall be deemed the applicable income in determining the applicant's
award for the academic year.
§ 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by section 4 of part J of chapter 58 of the laws of 2011, is
amended to read as follows:
a. In determining the amount of an award for GRADUATE AND UNDERGRADU-
ATE students, the income of the parents shall be excluded if the student
has been emancipated from his parents.
§ 5. The opening paragraph of subparagraph 1 of paragraph b of subdi-
vision 3 of section 663 of the education law, as amended by section 5 of
part J of chapter 58 of the laws of 2011, is amended to read as follows:
The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the beginning of the academic
year for which application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth prior to
the academic year for which application is made OR IS A GRADUATE
STUDENT, and who, during the calendar year next preceding the semester,
quarter or term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
§ 6. Paragraph d of subdivision 3 of section 663 of the education law,
as amended by section 6 of part J of chapter 58 of the laws of 2011, is
amended to read as follows:
d. Any GRADUATE OR undergraduate student who was allowed to exclude
parental income pursuant to the provisions of subdivision three of
section six hundred three of this chapter as they existed prior to July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
§ 7. This act shall take effect July 1, 2017.