S T A T E O F N E W Y O R K
________________________________________________________________________
1498
2025-2026 Regular Sessions
I N S E N A T E
January 10, 2025
___________
Introduced by Sen. FAHY -- 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 the criteria for
determining tuition assistance program awards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, paragraph a as amended by section 1
and subparagraph (iv) of paragraph b as amended by section 3 of part B
of chapter 60 of the laws of 2000, clause (A) of subparagraph (i) of
paragraph a as amended by section 1 and subparagraphs (i) and (ii) of
paragraph b as amended by section 2 of part DD of chapter 56 of the laws
of 2021, subparagraphs (ii), (iii) and (vi) of paragraph a as amended
and paragraph (vii) as added by section 1 of part X of chapter 56 of the
laws of 2024, and paragraph c as relettered by section 2 of part J of
chapter 58 of the laws of 2011 and paragraph b as amended by chapter 309
of the laws of 1996, is amended to read as follows:
3. Tuition assistance program awards.
a. Amount. The president shall make awards to students enrolled in
degree-granting institutions or registered not-for-profit business
schools qualified for tax exemption under § 501(c)(3) of the internal
revenue code for federal income tax purposes in the following amounts:
(i) For each year of undergraduate study, assistance shall be provided
as computed on the basis of the amount which is the lesser of the
following:
(A) [(1) In the case of students who have not been granted an exclu-
sion of parental income, who have qualified as an orphan, foster child,
or ward of the court for the purposes of federal student financial aid
programs authorized by Title IV of the Higher Education Act of 1965, as
amended, or had a dependent for income tax purposes during the tax year
next preceding the academic year for which application is made, except
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00567-01-5
S. 1498 2
for those students who have been granted exclusion of parental income
who have a spouse but no other dependent:
(a)] Five thousand dollars, except starting in two thousand fourteen-
two thousand fifteen such students shall receive five thousand one
hundred sixty-five dollars, and except starting in two thousand twenty-
one--two thousand twenty-two and thereafter such students shall receive
five thousand six hundred sixty-five dollars, provided however that
nothing herein shall be construed as increasing any award made pursuant
to this section for an academic year prior to two thousand twenty-one--
two thousand twenty-two; or
[(b)] (B) For undergraduate students enrolled in a program of study at
a non-public degree-granting institution that does not offer a program
of study that leads to a baccalaureate degree, or at a registered not-
for-profit business school qualified for tax exemption under section
501(c)(3) of the internal revenue code for federal income tax purposes
that does not offer a program of study that leads to a baccalaureate
degree, four thousand dollars, except starting in two thousand twenty-
one--two thousand twenty-two and thereafter such students shall receive
four thousand five hundred dollars. Provided, however, that this [subi-
tem] CLAUSE shall not apply to students enrolled in a program of study
leading to a certificate or degree in nursing[.]; OR
[(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph and those students who have been granted exclu-
sion of parental income who have a spouse but no other dependent begin-
ning in the two thousand twenty-one--two thousand twenty-two academic
year and thereafter, three thousand five hundred twenty-five dollars,
provided that nothing herein shall be construed as increasing any award
made for any prior academic year; or
(B)] (C) (1) Ninety-five percent of the amount of tuition (exclusive
of educational fees) charged and, if applicable, the college fee levied
by the state university of New York pursuant to the April first, nine-
teen hundred sixty-four financing agreement with the New York state
dormitory authority.
(2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional fees) charged and, if applicable, the college fee levied by the
state university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
(ii) [Except for students as noted in subparagraph (iii) of this para-
graph, the] THE base amount as determined from 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 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
S. 1498 3
hundred twenty-five excess over eighteen
thousand dollars thousand dollars
(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
(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
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
(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
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
thousand dollars excess over eighteen
thousand dollars
(iv)] If the amount of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student who
has received four or more payments pursuant to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be reduced by an additional one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
[(v)] (IV) The award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) [or (iii)] of this paragraph but the award shall not
be reduced for the two thousand--two thousand one and two thousand one-
-two thousand two academic years below two hundred seventy-five dollars
if the amount of income is eighty thousand dollars or less and more than
seventy thousand dollars, three hundred twenty-five dollars if the
amount of income is seventy thousand dollars or less and more than sixty
S. 1498 4
thousand dollars and four hundred twenty-five dollars if the amount of
income is sixty thousand dollars or less.
[(vi)] (V) For the two thousand two--two thousand three through two
thousand twenty-three--twenty-four academic years, the award shall be
the net amount of the base amount determined pursuant to subparagraph
(i) of this paragraph reduced pursuant to subparagraph (ii) [or (iii)]
of this paragraph but the award shall not be reduced below five hundred
dollars.
[(vii)] (VI) For the two thousand twenty-four--two thousand twenty-
five academic year and thereafter, the award shall be the net amount of
the base amount determined pursuant to subparagraph (i) of this para-
graph reduced pursuant to subparagraph (ii) [or (iii)] of this paragraph
but the award shall not be reduced below one thousand dollars.
b. Amount. The president shall make awards to students enrolled in two
year programs offered in registered private business schools except for
registered not-for-profit business schools qualified for tax exemption
under section 501(c)(3) of the internal revenue code for federal income
tax purposes in the following amounts:
(i) For each year of study, assistance shall be provided as computed
on the basis of the amount which is the lesser of the following:
(A) [(1)] one thousand three hundred dollars[, or
(2) for students receiving awards pursuant to subparagraph (iii) of
this paragraph, one thousand one hundred forty dollars]; or
(B) (1) Ninety-five percent of the amount of tuition (exclusive of
educational fees) charged.
(2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional fees).
(ii) [Except for students as noted in subparagraph (iii) of this para-
graph, the] 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 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
(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
S. 1498 5
(iv)] If the amount of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student who
has received four or more payments pursuant to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be reduced by an additional one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
[(v)] (IV) The award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) [or (iii)] of this paragraph but the award shall not
be reduced below one hundred dollars. If the income exceeds the maximum
amount of income allowable under subparagraph (ii) [or (iii)] of this
paragraph, no award shall be made.
c. Restrictions. In no [even shall] EVENT shall any award:
(i) be made unless the annual tuition (exclusive of educational fees)
and, if applicable, the college fee levied by the state university of
New York pursuant to the April first, nineteen hundred sixty-four
financing agreement with the New York state dormitory authority charged
for the program in which the student is enrolled total at least two
hundred dollars; or
(ii) exceed the amount by which such annual tuition (exclusive of
educational fees) and, if applicable, the college fee levied by the
state university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority exceed the total of all other state, federal, or other educa-
tional aid that is received or receivable by such student during the
school year for which such award is applicable and that, in the judgment
of the commissioner, would duplicate the purposes of the award; or
(iii) be made when income exceeds the maximum income set forth in this
subdivision. The commissioner shall list in his regulations all major
state and federal financial aid available to New York state students and
identify any forms of aid that are duplicative of the purposes of the
tuition assistance program. For the purposes of this subdivision,
neither United States war orphan educational benefits nor benefits under
the veterans' readjustment act of nineteen hundred sixty-six shall be
considered as federal or other educational aid.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
