S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7938
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced by M. of A. KASSAY -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT to amend the education law, in relation to allowing for a modest
   increase in annual income to not disqualify someone from the excelsior
   scholarship
 
   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  at  a New York state public institution of higher
 education; (b) if enrolled in (i) a public institution of higher  educa-
 tion  prior to application, has completed at least thirty combined cred-
 its per year following the student's  start  date,  or  its  equivalent,
 applicable to [his or her] THEIR 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] THEIR 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] THEIR 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] THEIR 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 Disabili-
 ties Act of 1990, 42 USC 12101, the corporation  shall  prescribe  rules
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10676-07-5
              

 A. 7938                             2
 
 and  regulations  that  allow applicants who are disabled to be eligible
 for an award pursuant to this section based on  modified  criteria;  (d)
 FOR  THE  FIRST  SEMESTER APPLYING FOR SUCH SCHOLARSHIP, 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 thousand dollars for
 recipients receiving an award in the two thousand  seventeen--two  thou-
 sand  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  requirements  promul-
 gated 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 other-
 wise 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.  PROVIDED
 FURTHER, HOWEVER, THAT A RECIPIENT'S MAXIMUM  ALLOWABLE  ADJUSTED  GROSS
 INCOME  SHALL  INCREASE  BY THREE PER CENTUM AFTER THE FIRST SEMESTER OF
 SUCH SCHOLARSHIP AND MAY INCREASE FURTHER WHERE THE CORPORATION, IN  ITS
 DISCRETION, DETERMINES THAT SUCH A FURTHER INCREASE SHALL NOT DISQUALIFY
 AN APPLICANT.
   § 2. This act shall take effect immediately.