S T A T E O F N E W Y O R K
________________________________________________________________________
5912
2019-2020 Regular Sessions
I N A S S E M B L Y
February 20, 2019
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to tuition assistance
program awards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 3 of section 663 of the educa-
tion 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.
§ 2. 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:
§ 3. 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 FORMER subdivision three
of section six hundred three of this chapter as they existed prior to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09940-01-9
A. 5912 2
July first, nineteen hundred seventy-four may continue to exclude such
income for so long as he continues to comply with such provisions.
§ 4. Subdivisions 1 and 2 of section 667 of the education law, subdi-
vision 1 as amended by chapter 622 of the laws of 2008 and subdivision 2
as amended by chapter 400 of the laws of 2018, are amended to read as
follows:
1. Recipient qualifications. Tuition assistance program awards are
available for all students who are enrolled in approved programs and who
demonstrate the ability to complete such courses, in accordance with
standards established by the commissioner provided, however, that no
award shall be made unless tuition (exclusive of educational fees) and,
if applicable, the college fee levied by the state university of New
York pursuant to the April first, nineteen hundred sixty-four financing
agreements with the New York state dormitory authority charged for the
program in which the student is enrolled total at least two hundred
dollars a year, and provided further that, no award can exceed one
hundred percent of the amount of tuition charged. NOTHING IN THIS
SECTION, SECTION SIX HUNDRED SIXTY-ONE OF THIS PART, OR ANY OTHER
PROVISION OF THIS CHAPTER SHALL BE READ TO EXCLUDE ANY GRADUATE PROGRAM
FROM CLASSIFICATION BY THE COMMISSIONER AS AN APPROVED PROGRAM FOR THE
PURPOSES OF THIS SECTION.
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. An
undergraduate student enrolled in an approved two or four-year program
of study approved by the commissioner who must transfer to another
institution as a result of permanent college closure shall be eligible
for two additional semesters, or their equivalent, as determined by the
commissioner, in order to complete his or her program. 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 EQUIV-
ALENT 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 nineteen hundred
eighty-nine--nineteen hundred ninety, shall be counted toward the maxi-
mum 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, quarter or
term, as the case may be, toward the maximum term of eligibility 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 eligi-
bility under this section.
§ 5. This act shall take effect immediately.