S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8593
 
                             I N  S E N A T E
 
                             February 20, 2024
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, HOYLMAN-SIGAL -- 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 providing excelsior
   scholarships for low-income law students
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of section 669-h of the education law, as
 amended by section 1 of part T of chapter 56 of the  laws  of  2018,  is
 amended 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,  JURIS  DOCTOR,  OR  MASTER OF LAWS at a New York
 state public institution of higher education; (b) if enrolled in  (i)  a
 public  institution  of  higher  education  prior  to  application,  has
 completed at least  thirty  combined  credits  per  year  following  the
 student's  start  date,  or  its  equivalent,  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 combined credits per
 year  following  the student's start date, or its equivalent, 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 combined
 credits per year 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.   Notwith-
 standing,  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.  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 applicants 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14563-01-4
 S. 8593                             2
 
 in  this  subdivision,  equal  to or less than: (i) one hundred thousand
 dollars for recipients receiving an award in  the  two  thousand  seven-
 teen--two thousand eighteen academic year; (ii) one hundred ten thousand
 dollars  for recipients receiving an award in the two thousand eighteen-
 -two thousand nineteen academic year; and (iii) one hundred  twenty-five
 thousand  dollars  for recipients receiving an award in the two thousand
 nineteen--two thousand twenty academic  year  and  thereafter;  and  (e)
 complies with the applicable provisions of this article and all require-
 ments  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 applicant'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, perma-
 nent 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.  Subdivision 2 of section 669-h of the education law, as amended
 by section 1 of part G of chapter 56 of the laws of 2022, is amended  to
 read as follows:
   2.  Amount.  Within  amounts appropriated therefor and based on avail-
 ability of funds, awards shall be granted beginning with the  two  thou-
 sand  seventeen--two  thousand  eighteen academic year and thereafter to
 applicants that the corporation has determined are eligible  to  receive
 such  awards. The corporation shall grant such awards in an amount up to
 five thousand five hundred 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 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  benefits  do  not exceed five thousand five hundred
 dollars. Upon notification of an award under this program, the  institu-
 tion  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  chap-
 ter,  and any other law, rule or regulation to the contrary, the [under-
 S. 8593                             3

 graduate] 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--two  thousand  seventeen academic year provided,
 however,  that in the two thousand twenty-two--two thousand twenty-three
 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 institution for the  forthcom-
 ing  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.
   § 3. Subdivision 3 of section 669-h of the education law, as added  by
 section  1  of part HHH of chapter 59 of the laws of 2017, is amended to
 read as follows:
   3. Duration. An eligible recipient shall not receive an award for more
 than four academic  years  of  full-time  undergraduate  study  or  five
 academic  years if the program of study normally requires five years. An
 eligible recipient enrolled in an eligible two  year  program  of  study
 shall not receive an award for more than two academic years. AN ELIGIBLE
 RECIPIENT ENROLLED IN A JURIS DOCTOR OR MASTER OF LAWS PROGRAM SHALL NOT
 RECEIVE  AN AWARD FOR LONGER THAN THE DURATION REQUIRED TO COMPLETE SUCH
 PROGRAM. 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 estab-
 lished by the corporation in regulation.
   § 4. Paragraph (b) of subdivision 4 of section 669-h of the  education
 law,  as  added  by  section  1 of part HHH of chapter 59 of the laws of
 2017, is amended to read as follows:
   (b) An applicant who has earned a bachelor's degree is  ineligible  to
 receive  an  award  pursuant  to  this  section UNLESS SUCH APPLICANT IS
 ENROLLED IN A JURIS DOCTOR OR MASTER OF LAWS PROGRAM.
   § 5. This act shall take effect immediately.