Senate Bill S9335

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9335
 
                             I N  S E N A T E
 
                               March 3, 2026
                                ___________
 
 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 increasing the  income
   cap for purposes of 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] THE STUDENT'S 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]  THE
 STUDENT'S  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] THE STUDENT'S program or  programs  of  study
 except  in  limited  circumstances  as  prescribed by the corporation in
 regulation.   Notwithstanding,  in  the  student's  last  semester,  the
 student  may  take  at  least one course needed to meet [his or her] THE
 STUDENT'S 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  appli-
 cants  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  in  this  subdivision,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14650-01-6
 S. 9335                             2
 
 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] THROUGH THE TWO THOUSAND TWENTY-
 FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC YEAR; and (IV) ONE HUNDRED  FIFTY
 THOUSAND  DOLLARS  FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
 TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN 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. 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. This act shall take effect immediately.