NY State Senate Bill 2023-S1287

Senate Bill S1287

2023-2024 Legislative Session

Expands eligibility for the New York state excelsior scholarship award to certain applicants enrolled on a part-time basis or in a BOCES or other approved vocational program

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Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Jan 11, 2023	referred to higher education

co-Sponsors

2023-S1287 (ACTIVE) - Details

See Assembly Version of this Bill:: A946
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §669-h, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5821, A7486
2021-2022: S4091, A601

2023-S1287 (ACTIVE) - Summary

Expands eligibility for the New York state excelsior scholarship award to certain applicants enrolled on a part-time basis or in a BOCES or other approved vocational program; provides criteria for eligibility, and limits on amounts and durations for any such awards.

2023-S1287 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1287

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the education law, in relation to eligibility for the
New York state excelsior scholarship for certain part-time applicants

 
SUMMARY OF PROVISIONS:

Section 1 provides as follows: The definition of full-time and part-time
attendance at two-year and four-year colleges operated by SUNY and CUNY
is defined as follows: The number of credits required per academic year
for four-year schools is reduced to 24 credits from 30 credits if
enrolled on a full-time basis or 12 credits per year on a part-time
basis. In the student's last semester, the student may take fewer cred-
its if less are needed to receive his or her degree.

Income limits are increased to $135,000 for the 2021-2022 academic year,
$150,000 for the 2022-2023 academic year, and $150,000 for the 2023-2024
academic year and thereafter. The law currently states that the tuition
to be paid for full-time students is $5,500. This section provides that
the tuition to be paid for part-time students is up to $2,750.

Full-time students will have 2 1/2 years for a two-year degree, 5 years
to obtain a four-year degree, and 6 years for a degree that normally
takes 5 years.

Part-time students will have 5 years to obtain a two-year degree, 10
years to obtain a four-year degree, and 12 years for a degree that
normally takes five years.

Should the student not receive his or her two-year, four-year, or five-
year degree for any reason, the student does not suffer any penalty with
respect to the scholarship received under the Excelsior Program.

Section 2 - This provides for an awarding of an Excelsior Scholarship
for those enrolled at least on a part-time basis at BOCES or other
approved vocational program at a SUNY or CUNY community college.

Section 3 - Effective Date. This act shall take place immediately and
will be effective beginning the 2021-2022 Academic Year.

 
JUSTIFICATION:

Currently, the Excelsior Scholarship program only covers full-time
students at SUNY or CUNY schools. This leaves out many students who, for
mostly economic reasons, are not able to attend college or training
after high school on a full-time basis.  It has become common knowledge
that workers will need to retrain a number of times over their lifetime.
For most workers, it is unrealistic to go to school full-time since it
would, mean quitting their jobs. While these workers might want to go to
school full-time, their Ms will not magically go away. Part-time attend-
ance is the only practical route.

Also, many recent high school graduates cannot afford to go to school
full-time, so a part-time option Is the only practical route for them as
well

Further, many students MI need vocational training and not a two-year or
four-year degree. This bill provides for such scholarships at two-year
colleges in the SUNY or CUNY system as well as BOCES.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S5821 HIGHER EDUCATION / A7486 - Referred to Higher Education

01/05/22 - S4091A Referred to Higher Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined with respect to the. State. This bill will help many
counties and the City of New York whose community colleges are facing
financial difficulties due to declining enrollments.

Counties and the City of New York will benefit from increased enrollment
In their community colleges since the Excelsior Scholarship will be
offered to students who need more than two years to obtain their two-
year degree. This bill will expand the affordability of college.

 
EFFECTIVE DATE:
This act shall take place immediately and will be effective beginning
the 2023-2024 Academic Year

2023-S1287 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1287
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  eligibility  for  the
   New York state excelsior scholarship for certain part-time applicants

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 3 of section 669-h of  the  education
 law,  subdivision  1  as amended by section 1 of part T of chapter 56 of
 the laws of 2018, subdivision 2 as amended by section 1  of  part  G  of
 chapter  56  of the laws of 2022 and subdivision 3 as added by section 1
 of part HHH of chapter 59 of the laws of 2017, are  amended  and  a  new
 subdivision 2-a is added to read as follows:
   1.  Eligibility.  An  excelsior  scholarship award shall be made to an
 applicant who: (a) is matriculated in an approved program leading to  an
 undergraduate  degree  at  a New York state public institution of higher
 education, WHICH FOR THE PURPOSES OF  THIS  SECTION  SHALL  INCLUDE  ALL
 TWO-YEAR  AND FOUR-YEAR COLLEGES OPERATED BY THE STATE UNIVERSITY OF NEW
 YORK OR THE CITY UNIVERSITY OF NEW YORK; (b) if enrolled in (i) a public
 institution of higher education prior to application, has  completed  at
 least  [thirty]  TWENTY-FOUR  combined credits per year IF ENROLLED ON A
 FULL-TIME BASIS OR AT LEAST TWELVE COMBINED CREDITS PER YEAR IF ENROLLED
 ON A PART-TIME BASIS following the student's start date, or  its  equiv-
 alent,  applicable to his or her program or programs of study or (ii) an
 institution of higher education prior to application, has  completed  at
 least  [thirty]  TWENTY-FOUR  combined credits per year IF ENROLLED ON A
 FULL-TIME BASIS OR AT LEAST TWELVE COMBINED CREDITS PER YEAR IF ENROLLED
 ON A PART-TIME BASIS following the student's start date, or  its  equiv-
 alent,  applicable  to his or her program or programs of study and which
 were accepted upon transfer to a public institution of higher education;
 (c) enrolls in at least twelve credits per  semester  and  completes  at
 least  [thirty]  TWENTY-FOUR  combined credits per year IF ENROLLED ON A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02198-01-3

 S. 1287                             2
 
 FULL-TIME BASIS OR AT LEAST SIX CREDITS IF ENROLLED ON A PART-TIME BASIS
 following the student's start date, or its equivalent, applicable to his
 or her program or programs of study except in limited  circumstances  as
 prescribed  by  the  corporation in regulation.  Notwithstanding, in the
 student's last semester, the student may take at least one course needed
 to meet his or her graduation requirements and enroll  in  and  complete
 [at  least  twelve  credit  hours  or its equivalent] AS MANY CREDITS AS
 REQUIRED TO OBTAIN HIS OR HER DEGREE.  For students who are disabled  as
 defined  by  the  Americans With Disabilities Act of 1990, 42 USC 12101,
 the corporation shall prescribe rules and regulations that allow  appli-
 cants  who  are  disabled  to  be eligible for an award pursuant to this
 section based on modified criteria; (d) has an adjusted gross income for
 the qualifying year, as such terms  are  defined  in  this  subdivision,
 equal  to or less than: (i) one hundred THIRTY-FIVE thousand dollars for
 recipients  receiving  an  award  in  the   two   thousand   [seventeen]
 TWENTY-ONE--two  thousand  [eighteen] TWENTY-TWO academic year; (ii) one
 hundred [ten] FIFTY thousand dollars for recipients receiving  an  award
 in the two thousand [eighteen] TWENTY-TWO--two thousand [nineteen] TWEN-
 TY-THREE  academic year; and (iii) one hundred [twenty-five] FIFTY thou-
 sand dollars for recipients receiving  an  award  in  the  two  thousand
 [nineteen] TWENTY-THREE--two thousand [twenty] TWENTY-FOUR academic year
 and  thereafter; and (e) complies with the applicable provisions of this
 article and all requirements promulgated  by  the  corporation  for  the
 administration  of the program. Adjusted gross income shall be the total
 of the combined adjusted gross income of the applicant  and  the  appli-
 cant's  parents or the applicant and the applicant's spouse, if married.
 Qualifying year shall be the adjusted gross income as  reported  on  the
 federal  income tax return, or as otherwise obtained by the corporation,
 for the calendar year coinciding with the tax year  established  by  the
 U.S.  department  of education to qualify applicants for federal student
 financial aid programs authorized by Title IV of  the  Higher  Education
 Act  of  nineteen hundred sixty-five, as amended, for the school year in
 which application for assistance  is  made.  Provided,  however,  if  an
 applicant  demonstrates  to the corporation that there has been a change
 in such applicant's adjusted gross income in the year(s)  subsequent  to
 the qualifying year which would qualify such applicant for an award, the
 corporation  shall  review  and  make a determination as to whether such
 applicant meets the requirement set  forth  in  paragraph  (d)  of  this
 subdivision  based  on such year. Provided, further that such change was
 caused by the death, permanent and total physical or mental  disability,
 divorce, or separation by judicial decree or pursuant to an agreement of
 separation  which is filed with a court of competent jurisdiction of any
 person whose income was required to be used to compute  the  applicant's
 total adjusted gross income.
   2.  Amount.  Within  amounts appropriated therefor and based on avail-
 ability of funds, awards shall be granted beginning with the  two  thou-
 sand   [seventeen]  TWENTY-THREE--two  thousand  [eighteen]  TWENTY-FOUR
 academic year and thereafter to  applicants  that  the  corporation  has
 determined  are  eligible  to receive such awards. The corporation shall
 grant such awards FOR FULL-TIME STUDENTS in an amount up to  five  thou-
 sand  five  hundred dollars or actual tuition, whichever is less AND FOR
 PART-TIME STUDENTS IN AN AMOUNT UP TO TWO THOUSAND SEVEN  HUNDRED  FIFTY
 DOLLARS  OR  ACTUAL TUITION, WHICHEVER IS LESS; provided, however, (a) a
 student who receives educational grants and/or scholarships  that  cover
 the student's full cost of attendance shall not be eligible for an award
 under this program; and (b) an award under this program shall be applied
 S. 1287                             3
 
 to  tuition after the application of payments received under the tuition
 assistance program pursuant to section six hundred sixty-seven  of  this
 subpart,  tuition  credits pursuant to section six hundred eighty-nine-a
 of  this  article,  federal  Pell grant pursuant to section one thousand
 seventy of title twenty of the United States  code,  et  seq.,  and  any
 other  program that covers the cost of attendance unless exclusively for
 non-tuition expenses, and the award under this program shall be  reduced
 in  the  amount equal to such payments, provided that the combined bene-
 fits do not exceed five thousand five hundred dollars. Upon notification
 of an award under this program, the institution shall defer  the  amount
 of  tuition.  Notwithstanding  paragraph h of subdivision two of section
 three hundred fifty-five and  paragraph  (a)  of  subdivision  seven  of
 section six thousand two hundred six of this chapter, and any other law,
 rule or regulation to the contrary, the undergraduate tuition charged by
 the  institution  to recipients of an award shall not exceed the tuition
 rate established by the institution for the two thousand [sixteen] TWEN-
 TY-TWO--two thousand [seventeen] TWENTY-THREE  academic  year  provided,
 however, that in the two thousand [twenty-two] TWENTY-FOUR--two thousand
 [twenty-three]  TWENTY-FIVE academic year and every year thereafter, the
 undergraduate tuition charged by the institution  to  recipients  of  an
 award shall be reset to equal the tuition rate established by the insti-
 tution  for  the  forthcoming  academic  year, provided further that the
 tuition credit calculated pursuant to section six hundred  eighty-nine-a
 of  this  article  shall  be applied toward the tuition rate charged for
 recipients of an award under this program.   Provided further  that  the
 state  university  of New York and the city university of New York shall
 provide an additional tuition credit to students receiving an  award  to
 cover the remaining cost of tuition.
   2-A.  IN  THE  EVENT THAT FOR ANY REASON, THE STUDENT DOES NOT RECEIVE
 HIS OR HER TWO-YEAR, FOUR-YEAR OR FIVE-YEAR DEGREE OR COMPLETE THE BOCES
 OR VOCATIONAL PROGRAM REFERRED TO IN PARAGRAPH (G) OF  SUBDIVISION  FOUR
 OF  THIS  SECTION, THE STUDENT SHALL NOT SUFFER ANY PENALTY WITH RESPECT
 TO THE SCHOLARSHIP RECEIVED UNDER THE EXCELSIOR SCHOLARSHIP PROGRAM.
   3. Duration. An eligible recipient shall not receive an award for more
 than [four] FIVE academic years of full-time OR TEN  ACADEMIC  YEARS  OF
 PART-TIME undergraduate study FOR A FOUR-YEAR DEGREE or [five] SIX FULL-
 TIME OR TWELVE PART-TIME academic years if the program of study normally
 requires  five  years.  An  eligible  recipient enrolled FULL-TIME in an
 eligible [two year] TWO-YEAR program of study shall not receive an award
 for more than two AND A HALF academic years AND  AN  ELIGIBLE  RECIPIENT
 ENROLLED  PART-TIME  IN  AN ELIGIBLE TWO YEAR PROGRAM OF STUDY SHALL NOT
 RECEIVE AN AWARD FOR MORE THAN FIVE ACADEMIC  YEARS.    Notwithstanding,
 such  duration  may  be  extended for an allowable interruption of study
 including, but not limited to, death of a family member, medical  leave,
 military  service, and parental leave, as established by the corporation
 in regulation.
   § 2. Subdivision 4 of section 669-h of the education law is amended by
 adding a new paragraph (g) to read as follows:
   (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  AN
 APPLICANT  WHO SATISFIED ALL OTHER REQUIREMENTS OF THIS SECTION SHALL BE
 ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS SECTION IF SUCH  APPLICANT
 IS  ENROLLED  ON AT LEAST A PART-TIME BASIS OR ITS EQUIVALENT IN A BOARD
 OF EDUCATIONAL SERVICES (BOCES) OR OTHER APPROVED VOCATIONAL PROGRAM  AT
 A  SUNY OR CUNY COMMUNITY COLLEGE AS DETERMINED BY THE APPLICABLE EDUCA-
 TIONAL AUTHORITY. WITHIN AMOUNTS  APPROPRIATED  THEREFOR  AND  BASED  ON
 AVAILABILITY  OF  FUNDS,  AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO
 S. 1287                             4
 
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND THERE-
 AFTER TO APPLICANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE  TO
 RECEIVE SUCH AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS TO ELIGIBLE
 FULL-TIME AND PART-TIME STUDENTS IN ACCORDANCE WITH SUBDIVISION THREE OF
 THIS  SECTION.  A RECIPIENT ELIGIBLE FOR AN AWARD PURSUANT TO THIS PARA-
 GRAPH SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR  ACADEMIC  YEARS  OF
 FULL-TIME  OR EIGHT ACADEMIC YEARS OF PART-TIME ENROLLMENT IN SUCH BOCES
 OR OTHER APPROVED VOCATIONAL PROGRAM. YEARS ENROLLED ARE NOT REQUIRED TO
 BE CONSECUTIVE.
   § 3. This act shall take effect immediately and  shall  apply  to  any
 eligible applicant beginning with the 2023-2024 academic year.

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Senate Bill S1287

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Sponsored By

Michelle Hinchey