NY Educ L § 661 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 14 - New York State Higher Education Services Corporation Part 2 - Student Financial Aid Sub Part 1 - General Provisions 661 - Eligibility Requirements and Conditions Governing Awards and Loans.

§ 661. Eligibility  requirements  and  conditions governing awards and loans. 1. Applicability. The  eligibility  requirements  and  conditions established  in this section shall apply to all general awards, academic performance awards and student loans other  than  education  loans  made pursuant to part V of this article.   2.  Application and recipient qualifications. At least annually and at such  times  as  the  board  shall  establish,  a  student  and,   where applicable,  the parents and spouse of such student seeking aid or loans under the provisions of this article, shall submit to the corporation on forms it shall establish such information as the board may require.   4. Attendance in approved courses of study in  approved  institutions. To be eligible to receive payments from the president a student:   a.  Must  be  matriculated  in  an approved program, as defined by the commissioner pursuant to article thirteen of this chapter,  or  pursuant to  paragraph  b  of this subdivision, in an institution situated in the state, which has been approved and operating in this state for at  least one  year,  and  has  been approved for participation in federal student financial aid programs authorized by Title IV of  the  Higher  Education Act  of  1965,  as  amended.  Nothing in this subdivision shall preclude payment of an award to a recipient who receives instruction outside  the state,  which instruction is conducted by an institution situated in the state,  and  is  part  of  the  student's  program  of  study  at   such institution;  provided,  however, that nothing in this subdivision shall preclude the receipt of a loan pursuant to section six hundred eighty of this  article;  provided,   further,   that   students   not   attending institutions  eligible  for  participating in federal Title IV financial aid programs on or before  July  first,  two  thousand  seven:  (i)  who received  their  first  award under this article before the two thousand six--two thousand seven academic year shall  be  eligible  for  payments until  the end of the two thousand nine--two thousand ten academic year; or (ii) who received their first award under this article  for  the  two thousand six--two thousand seven academic year through and including the two  thousand nine--two thousand ten academic year shall be eligible for payments until the  end  of  the  two  thousand  fourteen--two  thousand fifteen academic year.   b.  Notwithstanding any other provision of law to the contrary and the rules and regulations promulgated pursuant thereto, the president  shall make  tuition  assistance program awards available to full-time resident undergraduate  students  not  currently  eligible   for   awards   under subdivision  three  of  section six hundred sixty-seven of this part and who are attending an educational institution in this state that:  (i) is exempt from federal taxation under  section  501(c)(3)  of  the Internal Revenue Code; and  (ii) has its headquarters and main campus located within the state and is  eligible  for  funds  under  Title IV of the Higher Education Act of 1965, as amended; and  (iii) is accredited by an  agency  recognized  by  the  United  States secretary of education, or by a successor federal agency; and  (iv) enrollment in which institution would render the student eligible to  receive a federal Pell grant in accordance with section one thousand seventy of title twenty of the United States  code,  et.  seq.  and  the regulations promulgated thereunder; and  (v)  provides  a  program of instruction lasting at least three years, for which the student is enrolled.   b-1. Tuition assistance program awards  that  are  made  available  to students  pursuant  to  paragraph  b  of  this  subdivision shall not be awarded if an applicant:  (i) does not meet the citizenship requirements pursuant to subdivision three of this section;  (ii)  does  not  meet  the income requirements pursuant to section six hundred sixty-three of this subpart;  (iii) does not maintain good academic standing pursuant to paragraph c of subdivision six of section six hundred sixty-five  of  this  subpart, and  if  there  is  no  applicable  existing academic standards schedule pursuant to such subdivision, then such recipient shall be placed on the academic  standards  schedule  applicable  to  students  enrolled  in  a four-year or five-year undergraduate program;  (iv)  is  in  default in the repayment of any state or federal student loan, has failed to comply with  the  terms  of  any  service  condition imposed  by an academic performance award made pursuant to this article, or has failed to make a refund of any award; or  (v) is incarcerated in any federal, state or other penal institution.   c. Must be in full-time attendance, as defined  by  the  commissioner, except  as  otherwise  specifically provided in this article, and, for a student having completed his or her second academic year,  must  have  a cumulative  C  average  or  its  equivalent. The president may waive the requirement that  the  student  have  a  cumulative  C  average  or  its equivalent  for  undue hardship based on: (i) the death of a relative of the student; (ii) the personal injury or  illness  of  the  student;  or (iii) other extenuating circumstances; and   d.  For  students  who  first  receive aid pursuant to this chapter in academic year nineteen hundred ninety-six--nineteen hundred ninety-seven to academic year two thousand  six--two  thousand  seven,  must  have  a certificate  of  graduation from a school providing secondary education, or the recognized equivalent of such certificate;  or  have  achieved  a passing   score,  as  determined  by  the  United  States  secretary  of education, on a federally approved examination which  demonstrates  that the student can benefit from the education being offered;   e.  For  students  who  first  receive aid pursuant to this chapter in academic  year  two  thousand  six--two  thousand  seven,  must  have  a certificate  of  graduation from a recognized school providing secondary education within the United States, or the recognized equivalent of such certificate, or have been admitted to such institution after receiving a passing score on a federally approved ability to benefit test  that  has been  independently  administered  and  evaluated,  as  provided  by the commissioner;   f. For students who first receive aid  pursuant  to  this  chapter  in academic year two thousand seven--two thousand eight or thereafter, must have  (i)  a certificate of graduation from a school providing secondary education from a state within the United States; or (ii) the  recognized equivalent  of  such certificate; or (iii) received a passing score on a federally approved ability to benefit test that has been  identified  by the  board of regents as satisfying the eligibility requirements of this section and has been independently administered and evaluated as defined by the commissioner;   g. For students who are disabled as  defined  by  the  Americans  With Disability   Act  of  1990,  42  USC  12101,  the  full-time  attendance requirement is eliminated. Such disabled students may  be  in  part-time attendance,  as  defined  by the commissioner in order to be eligible to receive payments from the president.   5. Residence.  a. (i) Except as provided in subdivision two of section six hundred seventy-four of this part  and  subparagraph  (ii)  of  this paragraph, an applicant for an award at the undergraduate level of study must either (a) have been a legal resident of the state for at least one year  immediately  preceding  the  beginning of the semester, quarter or  term of attendance for which application for assistance is made, or  (b) be  a  legal resident of the state and have been a legal resident during his last two semesters of high school either  prior  to  graduation,  or prior  to  admission  to college. Provided further that persons shall be eligible to receive awards under  section  six  hundred  sixty-eight  or section  six  hundred  sixty-nine  of  this part who are currently legal residents of the state and are otherwise qualified.  (ii) An applicant who is not a legal resident of  the  state  eligible pursuant  to  subparagraph (i) of this paragraph, but is a United States citizen, a permanent lawful resident, an individual who is granted U  or T  non-immigrant  status  pursuant  to  the  Victims  of Trafficking and Violence Protection Act of 2000, a person  granted  temporary  protected status pursuant to the Federal Immigration Act of 1990, an individual of a class of refugees paroled by the attorney general of the United States under  his or her parole authority pertaining to the admission of aliens to the United States, or an applicant without lawful immigration  status shall  be  eligible  for  an  award  at the undergraduate level of study provided that the student:  (a) attended a registered New York state high school for two  or  more years,  graduated  from  a  registered  New  York  state high school and applied for attendance at the institution of higher  education  for  the undergraduate  study  for  which an award is sought within five years of receiving a New York state high school diploma; or  (b) attended an approved New York  state  program  for  a  state  high school  equivalency  diploma,  received  a state high school equivalency diploma  and  applied  for  attendance  at  the  institution  of  higher education  for  the  undergraduate  study  for  which an award is sought within five years of receiving a state high school equivalency  diploma; or  (c)  is  otherwise  eligible  for the payment of tuition and fees at a rate no greater than that imposed for resident  students  of  the  state university  of  New  York,  the city university of New York or community colleges  as  prescribed  in  subparagraph  eight  of  paragraph  h   of subdivision  two of section three hundred fifty-five or paragraph (a) of subdivision seven of section sixty-two hundred six of this chapter.   Provided, further, that a student without  lawful  immigration  status shall  also  be  required  to file an affidavit with such institution of higher education stating that the student has filed  an  application  to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.   b.  (i)  Except  as  otherwise  provided  in subparagraph (ii) of this paragraph, an applicant for an award at the graduate level of study must either (a) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term  of attendance  for  which  application  for assistance is made, or (b) be a legal resident of the state and have been a legal  resident  during  his last  academic  year  of  undergraduate study and have continued to be a legal resident until matriculation in the graduate program.  (ii) An applicant who is not a legal resident of  the  state  eligible pursuant  to  subparagraph (i) of this paragraph, but is a United States citizen, a permanent lawful resident, an individual who is granted U  or T  non-immigrant  status  pursuant  to  the  Victims  of Trafficking and Violence Protection Act of 2000, a person  granted  temporary  protected status pursuant to the Federal Immigration Act of 1990, an individual of a class of refugees paroled by the attorney general of the United States under  his or her parole authority pertaining to the admission of aliens to the United States, or an applicant without lawful immigration  status  shall  be  eligible for an award at the graduate level of study provided that the student:  (a)  attended a registered approved New York state high school for two or more years, graduated from a registered New York  state  high  school and  applied  for  attendance at the institution of higher education for the graduate study for which an award is  sought  within  ten  years  of receiving a New York state high school diploma; or  (b)  attended  an  approved  New  York  state program for a state high school equivalency diploma, received a  state  high  school  equivalency diploma  and  applied  for  attendance  at  the  institution  of  higher education for the graduate study for which an award is sought within ten years of receiving a state high school equivalency diploma; or  (c) is otherwise eligible for the payment of tuition  and  fees  at  a rate  no  greater  than  that imposed for resident students of the state university of New York, the city university of  New  York  or  community colleges   as  prescribed  in  subparagraph  eight  of  paragraph  h  of subdivision two of section three hundred fifty-five or paragraph (a)  of subdivision seven of section sixty-two hundred six of this chapter.   Provided,  further,  that  a student without lawful immigration status shall also be required to file an affidavit  with  such  institution  of higher  education  stating  that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.   c. A student, during  any  period  for  which  he  receives  financial support  or  assistance  from a parent or stepparent, or is claimed by a parent or stepparent as a dependent for income tax purposes  shall,  for the  purposes  of this article, be considered to reside at the residence of such parent  or  stepparent,  unless  the  student  submits  evidence satisfactory to the president that the student's residence is elsewhere.   d.  If  an  applicant for an award allocated on a geographic basis has more than one residence in this state, his  or  her  residence  for  the purpose  of  this  article shall be his or her place of actual residence during the major part of the year while attending school, as  determined by the commissioner; and further provided that an applicant who does not have  a residence in this state and is eligible for an award pursuant to subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b  of this subdivision shall be deemed to reside in the geographic area of the institution  of higher education in which he or she attends for purposes of an award allocated on a geographic basis.   e.  Notwithstanding  any  other  provision  of  this  article  to  the contrary,  the  New  York  state eligibility requirements for receipt of awards set forth in paragraphs a and b of this  subdivision  are  waived for  a  member,  or  the  spouse  or dependent of a member, of the armed forces of the United States on full-time active duty  and  stationed  in this state.   6.  Restrictions. a. All general and academic performance awards shall only be used in the manner prescribed by the  commissioner  pursuant  to article thirteen of this chapter, for the specific purpose for which the awards are made, and no such awards shall be used to obtain professional instruction in theology.   b.  A  student  who  is  in  default  on a student loan made under any statutory New York state or federal  education  loan  program  shall  be ineligible  to  receive any award or loan pursuant to this article until the student cures the default status  pursuant  to  applicable  law  and regulation.   c.  A  student  who has failed to comply with the terms of any service condition imposed by an award made  pursuant  to  this  article  or  has failed  to  repay an award made pursuant to this article, as required by  paragraph a of subdivision four of section  six  hundred  sixty-five  of this  subpart, shall be ineligible to receive any award or loan pursuant to this article so long as such failure to comply or repay continues.   d. No student who is incarcerated in any federal, state or other penal institution  shall  be  eligible for any general or academic performance award made pursuant to this article.   7. Awards of student financial aid.  Whenever  the  corporation  gives written notification to a student of the amount of student financial aid such  student  will  receive  under the provisions of this article, such written notification shall be accepted by the institution as a deferment against tuition charges pending the  issuance  of  such  moneys  by  the corporation,  unless:  (a)  the institution has more current or accurate information on file indicating the  student  will  receive  a  different amount  from  that  calculated  by  the  corporation, in which event the institution's calculated amount shall be accepted as a deferment against tuition charges pending the issuance of such moneys by the  corporation, or  (b)  the institution is waiting for corrections of financial aid forms or income verification which the  student  has  not  yet  completed,  or supplied, in which case deferment will not take place until such time as the student has completed his or her responsibilities.