NY Educ L § 669-B (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 2 - General Awards 669-B - Recruitment Incentive and Retention Program for Members of the New York State Organized Militia.

* §  669-b. Recruitment incentive and retention program for members of   the New York state organized militia. 1. The division  of  military  and   naval  affairs  is  authorized, within amounts appropriated or otherwise   lawfully available from any other source,  to  establish  a  recruitment   incentive and retention program.2. Definitions as used in this section:a.  The  term  "active  member"  shall  mean  a  member of a federally   recognized unit of the New  York  army  national  guard,  New  York  air   national  guard,  or  New  York  naval  militia  who  meets  the minimum   requirements for satisfactory active membership  as  set  forth  in  the   regulations  of  the United States departments of the army, navy and air   force, as applicable, and the New York state division  of  military  and   naval affairs.b.  The  term  "degree  producing  curriculum"  shall mean a series of   courses programmed to culminate in a specific post-secondary  degree  or   diploma when successfully completed.c.  The  term  "tuition"  shall  mean  the total semester, quarter, or   classroom hour cost  of  instruction  to  the  student  as  periodically   published  in  the  catalogue of the institution, specifically excluding   mandatory fees, book charges, and room and board.d. The term "tuition benefit" shall mean the payment of whatever  cost   is  attributable to the cost of tuition after the deduction of any other   available educational grant aid, including the Army Continuing Education   System (ACES)  (AR-621-5  17  November  1993)  and  any  successor  Army   regulations,   that   could  defray  such  cost;  however,  specifically   excluding the federal Montgomery GI Bill.e. The term "part-time study" shall mean  enrollment  in  an  approved   post-secondary  degree  program  for  at  least six but less than twelve   semester hours, or the equivalent per semester, or  at  least  four  but   less than eight semester hours per quarter in an institution.f.  The  term  "institution"  shall  mean  any  institution  of higher   education recognized and approved by the regents or  the  university  of   the  state  of  New York which provides a course of study leading to the   granting of a post-secondary degree or diploma.g. The term "legal resident"  shall  mean  a  person  whose  principal   domicile  is  located  within  New  York  state in excess of one hundred   eighty-six days per year; excepting active federal military duty.3. Notwithstanding the provisions of any other  general,  special,  or   local  law,  rule, or regulation, any active member who has successfully   completed  advanced  individual  training  or  commissioning  and  other   requirements  of  the division of military and naval affairs for tuition   benefit eligibility shall be entitled to the tuition benefit provided by   this section upon his or her enrollment in a degree producing curriculum   in any institution.4. Unless otherwise provided for in this section, eligibility for  the   tuition  benefit  provided  by  this  section shall be determined by the   education services  offices  of  the  division  of  military  and  naval   affairs,  which  shall  issue certificates of eligibility and promulgate   such administrative rules and procedures as are necessary  to  implement   the  tuition  benefit  provided  under this section. Such administrative   rules and procedures shall include in the factors for the  determination   of  eligibility  for  the  tuition  benefit provided by this section the   fulfillment of the contractual obligation and commitments for service in   the New York army national guard, New York air national  guard  and  New   York naval militia.5. Any active member who currently possesses a baccalaureate degree or   higher  is  ineligible  for  participation  in the recruitment incentive   program provided by this section. 5-a. Notwithstanding the  provisions  of  subdivision  three  of  this   section,  the adjutant general may, as defined in agency regulation, and   within appropriated amounts, allow active members who have not completed   basic or advanced individual training or commissioning to participate in   the recruitment incentive program.5-b.  Notwithstanding  the provisions of any other general, special or   local  law,  rule  or  regulation,  a  recipient  who  has   failed   to   successfully  complete his or her term of enlistment, if such failure is   not due to causes beyond  his  or  her  control  as  determined  by  the   adjutant  general or his designee, shall be ineligible to participate in   the tuition benefit provided by this section.  Monies  expended  by  the   administrating  agency  of such benefit shall be reimbursed to the state   in  the  full  amount  by  the  former  recipient  within  one  year  of   termination of active membership.5-c.  Notwithstanding  the provisions of any other general, special or   local law, a recipient who has successfully completed his or her term of   enlistment due to having served in a combat theater or  combat  zone  of   operations,  shall be eligible to continue to participate in the tuition   benefit provided by this section, if such recipient was enrolled in said   benefit prior to deployment in  a  combat  theater  or  combat  zone  of   operations.6. The tuition benefit provided by this section shall be restricted to   legal  residents  of  the  state.  The  benefit  may  be used for either   part-time or full-time study. No restriction  as  to  sessions,  student   status, or space availability which does not apply to all students shall   be placed by institutions upon recipients under this program.7.  Upon  the  recipient's  attainment  of  a  baccalaureate degree or   cessation of status as an active member,  whichever  occurs  first,  the   benefit  provided  by  this  section  shall be discontinued. The tuition   benefit provided by this section may be suspended at  the  direction  of   the  division of military and naval affairs for a recipient's failure to   maintain good military standing as an active member, for the failure  to   maintain  good academic progress and program pursuit, or for the failure   to maintain sufficient academic standing to retain eligibility  for  any   other financial assistance the recipient may be receiving.8.  Unless otherwise provided for in this section, the tuition benefit   shall be on the terms and conditions set by the division of military and   naval affairs, provided that any such benefit shall not exceed an amount   equal to the actual annual tuition  charged  to  the  recipient  or  the   tuition  charged by the state university of New York, whichever is less,   offset by any financial assistance and  any  other  resources  available   through the national guard or the division of military and naval affairs   on  behalf  of  the  recipient,  including the Army Continuing Education   System (ACES)  (AR-621-5  17  November  1993)  and  any  successor  Army   regulations,  and  the  total  of  all  other  state,  federal, or other   educational grant aid that is received or  receivable  by  such  student   during  the  school  year  for which such benefit is applicable. For the   purposes of this  subdivision,  benefits  available  under  the  federal   Montgomery  GI  Bill  act  of 1984 shall not be considered as federal or   other educational aid.9. Any active member who is eligible for the tuition benefit  provided   by  this  section  must  apply  for  all other available state, federal,   including the Army  Continuing  Education  System  (ACES)  (AR-621-5  17   November  1993) and any successor Army regulations, or other educational   grant aid at time of enrollment. The  division  of  military  and  naval   affairs shall access all financial assistance available on behalf of all   such  active  members.  Any  grant aid or financial assistance received,   excluding that of the Montgomery GI Bill Act of 1984, shall be  utilized    to  offset  the  cost  of tuition to the maximum extent possible, except   that nothing shall require that aid or assistance received which may  be   used  towards  costs  other than that of tuition shall be applied toward   the cost of tuition.10.  The  tuition  benefit provided by this section shall be effective   beginning with the school semester or quarter  following  its  enactment   into law.* NB Repealed September 1, 2026