S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8951
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to amend the education law, in relation to exempting the income
   of dependent applicants for certain awards
 
   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
 and  regulations  that  allow applicants who are disabled to be eligible
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00404-01-5
              
             
                          
                 A. 8951                             2
 
 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
 thousand  dollars  for recipients receiving an award in the two thousand
 seventeen--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
 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 applicant's parents or
 the applicant and the applicant's spouse, if married.  THE INCOME OF  AN
 APPLICANT  SHALL  NOT  BE INCLUDED IN THE TOTAL ADJUSTED GROSS INCOME IF
 THE APPLICANT IS CONSIDERED A DEPENDENT. 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 coincid-
 ing 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. Subdivision 1 of section 663 of the education law, as amended  by
 section  1  of  part  R of chapter 54 of the laws of 2016, is amended to
 read as follows:
   1. Income defined.   Except as otherwise  provided  in  this  section,
 "income"  shall  be  the  total  of  the combined net taxable income and
 income from pensions of New York state, local governments,  the  federal
 government  and  any  private employer of the applicant, the applicant's
 spouse, and the applicant's parents, including any pension  and  annuity
 income  excluded  for purposes of taxation pursuant to paragraph three-a
 of subsection (c) of section six hundred  twelve  of  the  tax  law,  as
 reported  in  New  York  state  income tax returns 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 1965,  as
 amended,  for  the  school  year  in which application for assistance is
 made, except that any amount received by an applicant as  a  scholarship
 at  an  educational  institution or as a fellowship grant, including the
 value of contributed services and accommodations, shall not be  included
 within  the definition of "income" for the purposes of this article. The
 term "parent" shall include birth parents, stepparents, adoptive parents
 and the spouse of an adoptive parent. Income,  if  not  a  whole  dollar
 amount,  shall  be  assumed  to be equal to the next lowest whole dollar
 amount. Any change in the status of an  applicant  with  regard  to  the
 A. 8951                             3
 
 persons  responsible  for  the  applicant's  support occurring after the
 beginning of any semester shall not be considered to change  the  appli-
 cant's award for that semester.  THE INCOME OF AN APPLICANT SHALL NOT BE
 INCLUDED IN THE TOTAL INCOME IF THE APPLICANT IS CONSIDERED A DEPENDENT.
   §  3.  Subparagraph (iii) of paragraph a, subparagraphs (ii) and (iii)
 of paragraph b and the opening paragraph of paragraph c of subdivision 3
 of section 667 of the education law, subparagraph (iii) of  paragraph  a
 as  amended  by  section  1 of part X of chapter 56 of the laws of 2024,
 subparagraph (ii) of paragraph b as amended by section 2 of part  DD  of
 chapter  56  of  the  laws of 2021, subparagraph (iii) of paragraph b as
 amended by chapter 309 of the laws of 1996, and the opening paragraph of
 paragraph c as added by chapter 83 of the laws of 1995 and relettered by
 section 2 of part J of chapter 58 of the laws of 2011, are  amended  and
 paragraph  b  is  amended  by  adding a new subparagraph (vi) to read as
 follows:
   (iii) (A) For students who have been  granted  exclusion  of  parental
 income  and were single with no dependent for income tax purposes during
 the tax year next preceding the academic year for which  application  is
 made,  the  base amount, as determined in subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (1) [Less than three thousand       None
     dollars
 (2) Three thousand dollars or       Thirty-one per centum of
     more, but not more than thirty  amount in excess of three
     thousand dollars                thousand dollars]
 LESS THAN SEVEN THOUSAND            NONE
     DOLLARS
 (2) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
     MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
     THOUSAND DOLLARS
 (3) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
     MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
     THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
 (4) EIGHTEEN THOUSAND DOLLARS OR    NINE HUNDRED EIGHTY DOLLARS
     MORE, BUT NOT MORE THAN ONE     PLUS TWELVE PER CENTUM OF
     HUNDRED TWENTY-FIVE             EXCESS OVER EIGHTEEN
     THOUSAND DOLLARS                THOUSAND DOLLARS
 
   (B) For those students who have been  granted  exclusion  of  parental
 income who have a spouse but no other dependent, for income tax purposes
 during  the tax year next preceding the academic year for which applica-
 tion is made, the base amount, as determined in subparagraph (i) of this
 paragraph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (1) Less than seven thousand        None
     dollars
 (2) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
 A. 8951                             4
 
     thousand dollars
 (3) Eleven thousand dollars or      Two hundred eighty dollars
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (4) Eighteen thousand dollars or    Nine hundred eighty dollars
     more, but not more than [sixty] plus twelve per centum of
     ONE HUNDRED TWENTY-FIVE         excess over eighteen
     thousand dollars                thousand dollars
 
   (ii)  Except for students as noted in subparagraph (iii) of this para-
 graph, the base amount as determined in subparagraph (i) of  this  para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of the excess
     more, but less than eleven       over seven thousand dollars
     thousand dollars
 (C) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
     MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
     THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
 (D) EIGHTEEN THOUSAND DOLLARS OR    NINE HUNDRED EIGHTY DOLLARS
     MORE, BUT NOT MORE THAN ONE     PLUS TWELVE PER CENTUM OF
     HUNDRED TWENTY-FIVE             EXCESS OVER EIGHTEEN
     THOUSAND DOLLARS                THOUSAND DOLLARS
 
   (iii)  For students who have been granted exclusion of parental income
 and were single with no dependent for income tax purposes during the tax
 year next preceding the academic year for which application is made, the
 base amount, as determined in subparagraph (i) of this paragraph,  shall
 be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction of
                                     base amount
 
 (A) [Less than three thousand       None
     dollars
 (B) Three thousand dollars or       Thirty-one per centum of the ex-
     more, but not more than ten     cess over three thousand dollars
     thousand dollars]
 LESS THAN SEVEN THOUSAND            NONE
     DOLLARS
 (B) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
     MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
     THOUSAND DOLLARS
 (C) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
     MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
     THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
 (D) EIGHTEEN THOUSAND DOLLARS OR    NINE HUNDRED EIGHTY DOLLARS
     MORE, BUT NOT MORE THAN ONE     PLUS TWELVE PER CENTUM OF
     HUNDRED TWENTY-FIVE             EXCESS OVER EIGHTEEN
     THOUSAND DOLLARS                THOUSAND DOLLARS
 A. 8951                             5
 
   (VI)  THE  INCOME  OF  STUDENTS WHO HAVE NOT BEEN GRANTED EXCLUSION OF
 PARENTAL INCOME AND ARE SINGLE WITH NO DEPENDENT SHALL NOT  BE  INCLUDED
 IN  THE AMOUNT OF INCOME WHEN DETERMINING A REDUCTION TO THE BASE AMOUNT
 OF THE STUDENT'S AWARD.
 
   In no [even shall] EVENT shall any award:
   § 4. This act shall take effect immediately.