NY State Senate Bill 2023-S7713

Senate Bill S7713

2023-2024 Legislative Session

Prohibits the higher education services corporation from revoking or seeking remittance of awards made in error during certain academic years due to misclassification of certain students

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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
Oct 18, 2023	referred to rules

co-Sponsors

2023-S7713 (ACTIVE) - Details

See Assembly Version of this Bill:: A8191
Current Committee:: Senate Higher Education
Law Section:: Education

2023-S7713 (ACTIVE) - Summary

Prohibits the higher education services corporation from revoking or seeking remittance of certain awards made in error during the 2020--2021, 2021--2022, or 2022--2023 academic years, due to misclassification of certain students as having a dependent, who had no dependent.

2023-S7713 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7713

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act in relation to prohibiting the higher education services corpo-
ration from revoking or seeking remittance of awards made in error
during certain academic years due to misclassification of certain
students

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits the higher education services corporation from revoking or
seeking remittance of awards made in error during certain academic years
due to misclassification of certain students.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a provision to the unconsolidated law which holds that
awards made under article 14 of the education law in the 2020-2021,
2021-2022, and 2022-2023 academic years which were made in error due to
the misclassification of student who was granted exclusion of parental

income with no dependent, as a student who was granted exclusion of
parental income with a dependent.

Section 2 sets the effective date.

 
JUSTIFICATION:

In September of 2023 the NYS Higher Education Services Corporation

(HESC) alerted colleges and universities participating in the New York
tuition assistance program (TAP) of a multi-year error in determining
award levels for TAP recipients. Students who are claimed as dependents
on someone else's tax return are eligible for a greater TAP award with
fewer income restrictions than students who file their tax return inde-
pendently. Starting in the 2020-21 school year, students who should have
been classified as independent were inadvertently classified as depend-
ent students, which resulted in overpayments to the institutions where
these misclassified students were enrolled.

Recognizing that students and institutions, though no fault of their
own, may now face financial liability with little ability to plan or
budget for these costs, this bill prohibits HESC from seeking remittance
of overpayments made as a result of this error for the 2020-212, 2021-
22, and 2022-23 school years.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7713 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7713
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to prohibiting the higher education  services  corpo-
   ration  from  revoking  or  seeking remittance of awards made in error
   during certain academic years  due  to  misclassification  of  certain
   students

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding section 662 of the education  law,  or  any
 other  law,  rule,  or  regulation to the contrary, the higher education
 services corporation shall not revoke or seek remittance for  any  award
 made  under  article  14  of  the  education  law  for  the  2020--2021,
 2021--2022, or 2022--2023 academic years,  where  such  award  was  made
 through  error due to the misclassification of a student who was granted
 exclusion of parental income with no dependent, as  a  student  who  was
 granted  exclusion  of parental income with a dependent, pursuant to the
 award schedule under section 667 of the education law.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13304-01-3

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Senate Bill S7713

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Sponsored By

Toby Ann Stavisky