NY Educ L § 605 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 13 - Higher Education Student Financial Aid Programs 605 - Academic Performance Awards.

§ 605. Academic  performance  awards. 1. Regents college scholarships. Regents college scholarships shall be  awarded  to  students  completing their  high  school programs for attendance in approved programs, on the basis of nationally established competitive examinations.   a. County allocation. Twenty-five thousand such scholarships shall  be awarded  each year and shall be allocated to each county in the state in the same ratio that the number of students residing in such  county  who were graduated from approved high schools in the state during the school year  preceding  the  date  of  the  examination  for  the award of such scholarships bears to the total number of students residing in the state who were graduated from approved high schools in the state  during  such school  year;  provided,  that  no  county shall be allocated fewer than forty scholarships, except that Hamilton county shall  be  allocated  no fewer than sixteen scholarships. In the event that a scholarship awarded pursuant  to  this  paragraph is declined by a student or for any reason revoked by the commissioner or the president, its benefits  shall  lapse and there shall be no further payment or reawarding of such scholarship.   b.  School allocation. If in any year the candidates who are graduates of a given approved high  school  in  the  state  and  who  are  awarded scholarships  under paragraph a of this subdivision do not constitute at least one person for every forty persons who were  graduated  from  such school  during the school year preceding the date of the examination for the award of such scholarships, then additional  scholarships  shall  be awarded  in  such year in the number required to provide such allocation of  scholarship  awards  for  each  such  school,  and  such  additional scholarships  shall  be  awarded  directly  to candidates from each such school in accordance with the provisions of section six hundred  two  of this  chapter.  In the event that a scholarship awarded pursuant to this paragraph is declined by a student or for  any  reason  revoked  by  the commissioner  or the president, its benefits shall lapse and there shall be no further payment or reawarding of such scholarship.   2. Regents professional education  in  nursing  scholarships.  Regents professional  education  in nursing scholarships shall be awarded on the same basis as regents college scholarships to students completing  their high  school  programs  for  attendance  in programs for the training of registered professional nurses at colleges or schools  approved  by  the regents.  Eight  hundred  such  scholarships shall be awarded each year. Such scholarships shall be allocated to each county in the state in  the same  ratio that the number of students residing in such county who were graduated from approved high schools in the state during the school year preceding the date of the examination for the award of such scholarships bears to the total number of students residing in  the  state  who  were graduated  from  approved  high  schools in the state during such school year, provided, that no  county  shall  be  allocated  fewer  than  four scholarships,  except  that  Fulton  and Hamilton counties shall each be allocated no fewer than two scholarships;  provided,  however,  that  no county  shall  be allocated fewer scholarships than such county received during  the  year   nineteen   hundred   seventy-two--nineteen   hundred seventy-three.   3.   Regents   professional   education   in   medicine  or  dentistry scholarships.  Regents professional education in medicine  or  dentistry scholarships  shall  be  awarded  annually,  on  a competitive basis, to students beginning professional study  in  medicine  or  dentistry.  One hundred  such  scholarships  shall  be  awarded  annually,  and shall be classified  and  allocated  in  accordance  with  regents   rules.   The provisions  of  this  subdivision  shall only apply to any recipient who receives his or her first award payment prior to  the  nineteen  hundred eighty-five--nineteen hundred eighty-six academic year.    3-a. Regents professional education in optometry scholarships. Regents professional  education  in  optometry  scholarships  shall  be  awarded annually, on a competitive basis,  to  students  beginning  professional study  in optometry. Five such scholarships shall be awarded annually in optometry,  and  shall  be  classified  and allocated in accordance with regents rules. The provisions of this subdivision shall  only  apply  to any  recipient  who receives his or her first award payment prior to the nineteen hundred eighty-five--nineteen hundred eighty-six academic year.   3-b.   Regents   professional   education   in   veterinary   medicine scholarships.    Regents  professional  education in veterinary medicine scholarships shall be awarded  annually,  on  a  competitive  basis,  to students  beginning  professional study in veterinary medicine. Ten such scholarships shall be awarded annually in veterinary medicine, and shall be classified and  allocated  in  accordance  with  regents  rules.  The provisions  of  this  subdivision  shall only apply to any recipient who receives his or her first award payment prior to  the  nineteen  hundred eighty-five--nineteen hundred eighty-six academic year.   4. Regents physician shortage scholarships. At least thirty percent of the regents professional education in medicine or dentistry scholarships awarded  each  year shall be awarded to students beginning or engaged in the professional study in medicine who agree to practice  medicine  upon completion  of  their professional training in an area in New York state designated as having a shortage of physicians, provided,  however,  that to  the  extent  that  regents  physician  shortage scholarships are not awarded, such scholarships shall  be  awarded  as  regents  professional education in medicine and dentistry scholarships. The provisions of this subdivision  shall  only  apply to any recipient who receives his or her first award payment prior to the nineteen hundred  eighty-five--nineteen hundred eighty-six academic year.   a.  In  selecting  and  certifying  scholarship  recipients under this section, priority shall be  accorded  to  applicants  in  the  following order:  (1)  first,  to  any  applicant  who  (1)  has  a family income of six thousand dollars or less and (2) resides in an area designated as having a shortage of physicians pursuant to paragraph c of this subdivision;  (2) second, to any applicant who has a family income of  six  thousand dollars or less;  (3)  third,  to  any  applicant  who  (1)  has  a family income of ten thousand dollars or less and (2) resides in an area designated as having a shortage of physicians pursuant to paragraph c of this subdivision;  (4) fourth, to any applicant who has a family income of  ten  thousand dollars or less;  (5) fifth, to any other applicant.   b.  With  respect to recipients who have received award payments prior to  the  nineteen  hundred  eighty-two--nineteen  hundred   eighty-three academic  year,  with  such time as the commissioner shall by regulation provide, a recipient of an award shall have  practiced  medicine  in  an area designated as having a shortage of physicians pursuant to paragraph d   of  this  subdivision  for  that  number  of  months  calculated  by multiplying by nine the number  of  annual  awards  he  received.  If  a recipient fails to comply fully with such condition, the president shall be  entitled  to  recover  from such recipient an amount which bears the same ratio to (a) the aggregate of the amount of the awards received  as (b)  the  number  of  months  the  recipient  failed to comply with this condition bears to the number of months he was obligated to comply  with this  condition,  together  with  interest  at  seven  percent per annum computed from the date on which he completed his  professional  training and/or  active  military  service.  A recipient shall not be required to  comply with the provisions  of  this  paragraph  unless  he  shall  have received  a  medical  degree  and  any  obligation  to  comply with such provisions shall be cancelled upon his death.  The  regents  shall  make regulations  to  provide  for  the waiver or suspension of any financial obligation where compliance would involve extreme hardship.   c. The requirements of this paragraph shall apply to any recipient who receives his or her first award payment  commencing  with  the  nineteen hundred  eighty-two--nineteen  hundred  eighty-three  academic  year  or subsequently, and the requirements of paragraph (b) of this  subdivision shall not apply to such recipients. Within such time as the commissioner shall  by  regulation  provide,  a  recipient  of  an  award  shall have practiced medicine in  an  area  designated  as  having  a  shortage  of physicians pursuant to paragraph (d) of this subdivision for that number of  months calculated by multiplying by nine the number of annual awards received by the recipient. If a recipient fails  to  comply  fully  with such  condition,  the  president  shall be entitled to recover from such recipient an amount determined by the formula:                               A = 2B (t-s)                                        t in which "A" is the amount the president is entitled to recover; "B"  is the  sum  of  all  awards paid to the recipient and the interest on such amount which would be payable if at the times such awards were paid they were loans bearing interest at the maximum prevailing rate; "t"  is  the total  number of months in the recipient's period of obligated services; and "s" is the number of months of  service  actually  rendered  by  the recipient.  Any  amount which the president is entitled to recover under this paragraph shall be paid within the one year period beginning on the date that  the  recipient  failed  to  comply  with  this  condition.  A recipient  shall  not  be required to comply with the provisions of this paragraph unless he or she shall have  received  a  medical  degree  and until  he  or she shall have completed his or her professional training, or active military service, or both. Any obligation to comply with  such provisions  shall  be  cancelled  upon  the  death of the recipient. The commissioner shall  make  regulations  to  provide  for  the  waiver  or suspension  of  any  financial obligation where compliance would involve extreme hardship.   d. The regents, after consultation with the  commissioner  of  health, shall  designate  those areas of New York state which have a shortage of physicians for the purposes  of  this  subdivision  and,  should  it  be necessary  in  selecting  among  the  applicants, may establish relative rankings of those areas.   e. A recipient of an award shall report annually to the New York state higher education services corporation, on forms prescribed by it, as  to the  performance  of  the  required  services or the recipient's current status, commencing the calendar year following graduation  from  medical school and continuing until the recipient shall have completed, or it is determined  he  or  she shall not be obligated to complete, the required services. The corporation may also require recipient to file a report on his or her current status prior to graduation during any  calendar  year in  which  an  application  for an additional award is not filed. If the recipient shall fail to file any report required hereunder within thirty days of written notice to the recipient, mailed to the address shown  on the  last  application  for  an award or last report filed, whichever is later, the president of the corporation may impose a fine of up  to  one thousand  dollars.  The president shall have the discretion to waive the filing of a report, excuse a delay in filing, or a  failure  to  file  a report, or waive or reduce any fine imposed for good cause shown.    5. Regents scholarships for war veterans. Regents scholarships for war veterans  shall  be  awarded on a competitive basis, for study beginning with the college year nineteen  hundred  seventy-five--nineteen  hundred seventy-six. Six hundred such scholarships shall be awarded in such year to  veterans of the armed forces of the United States who have served on active duty (other than for  training)  between  October  one,  nineteen hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, and  who  on the date by which applications are required to be submitted (a) have been released from such active duty  on  conditions  not  other than  honorable,  or  (b)  have  a  qualifying  condition, as defined in section three hundred fifty of the executive law, and  have  received  a discharge  other  than bad conduct or dishonorable from such service, or (c) are discharged LGBT veterans, as defined in  section  three  hundred fifty of the executive law, and have received a discharge other than bad conduct  or  dishonorable  from such service. Such scholarships shall be allocated to each county in the state in the same ratio that the  number of  legal  residents  in  such  county, as determined by the most recent federal census, bears to the total number of  residents  in  the  state; provided,  however, that no county shall be allocated fewer scholarships than  such  county   received   during   the   year   nineteen   hundred sixty-eight--sixty-nine.   6.  Regents  scholarships  in  Cornell  University. a. Number. Cornell University  shall  grant,  on  a  competitive  basis,  tuition  reducing scholarships, to be known as regents scholarships in Cornell University, in  the  total  amount of at least thirty thousand dollars each year for new freshman awards. At least one  such  scholarship  shall  be  awarded annually for each senate district of the state.   b.  Amount.  Each  such  scholarship  shall entitle the recipient to a credit against tuition in any of the tuition paying divisions of Cornell University for four years or five years,  depending  on  the  number  of years  required  for the baccalaureate. The tuition credit for each such scholarship shall be determined by Cornell University on  the  basis  of the financial status of the scholarship holder as related to the cost of education  at  such  university.  No  such  scholarship shall reduce the tuition by less than one hundred dollars nor by more than  one  thousand dollars.   c.  Eligible  list.  Such  scholarships  shall  be awarded annually by Cornell University in the order of merit  to  candidates  who  meet  the requirements  for admission to Cornell University and whose names appear on lists established as the result of competitive examinations  prepared under  the  direction  of the commissioner of education. In the award of such scholarships, preference shall be given, where other qualifications are equal, to the children of  those  who  have  died  in  the  military service of the United States.   d.  Statewide  list.  If  a scholarship belonging to a senate district shall not be claimed by a resident thereof or if there be no resident of such senate district entitled to such a scholarship, any  sum  available for a scholarship or scholarships for residents of such senate district, together  with  any  unexpended  balance  of  the total amount of thirty thousand dollars, shall be used to make awards to additional  candidates in order of merit from a statewide list.   e.  Report.  A  complete  list  of  the  names  and  addresses  of the scholarship recipients, and the amount  of  tuition  credit  granted  to them, shall be filed by Cornell University with the commissioner and the president not later than October first of each year.   7.  Empire  state  challenger  scholarships for teachers. Empire state challenger scholarships for prospective elementary and secondary  school teachers  of  mathematics or science or other fields of teacher shortage  as identified by the commissioner on or after  January  first,  nineteen hundred   eighty-six,  shall  be  awarded  on  a  competitive  basis  as determined by the commissioner, for study  beginning  with  the  college year   nineteen   hundred  eighty-four--eighty-five  or  thereafter.  a. Twenty-six such scholarships shall be awarded annually to  residents  of each  judicial  district  as defined in section one hundred forty of the judiciary law, who enroll in a registered program for the preparation of teachers in such teacher shortage fields at any New York institution  of higher  education.  The  commissioner  shall  to  the extent practicable ensure that recipients of such scholarships include individuals who  are unrepresented or underrepresented in the respective disciplines.   b.  Within  such  time as the commissioner by regulations provide, the recipient of an award shall have taught in the field or fields for which the scholarship was awarded in an elementary or secondary school in  New York  state  for that number of months calculated by multiplying by five the number of annual awards granted  to  the  recipient  except  that  a recipient  who  as  of  July  first,  nineteen  hundred ninety-three has received fewer than three  annual  awards  shall  be  exempt  from  such conditions.  If  a  recipient fails to comply fully with such condition, the president shall be entitled to recover from such recipient an amount which bears the same ratio to (i) the aggregate of  the  amount  of  the awards  received  as  (ii)  the number of months the recipient failed to comply with this condition bears to the number of months  the  recipient was  obligated  to comply with this condition, together with interest at ten percent per annum computed from the  date  on  which  the  recipient completed  professional  training.  Such  recovery may be made over such period of time as is prescribed by  the  president.  Any  obligation  to comply  with  such  provisions  shall  be cancelled upon the recipient's death. The commissioner shall  adopt  regulations  to  provide  for  the waiver  or  suspension  of  any financial obligation in whole or in part where compliance would involve severe hardship. In  determining  whether to  grant  such  waiver  or  suspension,  the  commissioner may consider whether the recipient failed to complete the registered program for  the preparation  of  teachers  or  completed  such  program  under financial hardship by reason of the discontinuance of funding  for  the  award  of scholarships pursuant to this subdivision.   7-a. New York state math and science teaching incentive program awards pursuant to section six hundred sixty-nine-d of this title.   8.  Empire  state challenger fellowships for teachers.  a. Six hundred fifty Empire state challenger fellowships shall be awarded  annually  in accordance  with  paragraphs  b,  c  and  d  of  this  subdivision  on a competitive basis as  determined  by  the  commissioner  to  individuals enrolled in a registered graduate program in any New York institution of higher  education which leads to permanent certification as a teacher of mathematics or science or other fields of teacher shortage as identified by  the  commissioner  on  or  after  January  first,  nineteen  hundred eighty-six. The commissioner shall to the extent practicable ensure that recipients of such fellowships include individuals who are unrepresented or underrepresented in the respective disciplines.   b.  A  maximum of twenty-five fellowships for full-time study shall be reserved for teachers whose positions have  been  abolished  within  two years  preceding  the  date of application for a fellowship because of a decline in student enrollment and who are qualified to  pursue  graduate study  to  obtain certification to teach mathematics or science or other fields of teacher shortage as identified by the commissioner on or after January first, nineteen hundred eighty-six.   c. A maximum of four hundred  twenty-five  fellowships  for  full-time study  shall  be  reserved for individuals who have earned baccalaureate  degrees in mathematics, the physical sciences, the biological  sciences, engineering  or  other disciplines related to fields of teacher shortage as identified by the commissioner on or after  January  first,  nineteen hundred  eighty-six  but  are  not eligible for provisional or permanent certification, and who are qualified  to  pursue  graduate  study  in  a program  leading  to  the  degree  of master of arts in teaching, or the equivalent as determined by the commissioner.   d. Not less than two hundred fellowships for part-time study shall  be made  available  to  persons  not  receiving  a  fellowship  reserved in paragraphs b and c of this subdivision. In  the  event  that  there  are full-time  fellowships  reserved under such paragraphs b and c that have not  been  awarded  after  awards  have  been  made  for  all  qualified applicants,  such  excess  number  of fellowships shall be available for award as part-time fellowships pursuant to this paragraph.   e. Within such time as the commissioner shall by regulation provide, a recipient of an award shall have taught in the field or fields for which the fellowship was awarded in an elementary or secondary school  in  New York  state  for  ten months for a full-time award or for that number of months calculated by multiplying by five the number of part-time  awards granted to the recipient. If a recipient fails to comply fully with such condition,  the  president  shall  be  entitled  to  recover  from  such recipient an amount which bears the same ratio to (i) the  aggregate  of the  amount  of  the  awards  received  as (ii) the number of months the recipient failed to comply with this condition bears to  the  number  of months  the  recipient  was  obligated  to  comply  with this condition, together with interest at ten percent per annum computed from  the  date on  which  the  recipient completed professional training. Such recovery may be made over such period of time as is prescribed by the  president. Any  obligation  to  comply with such provisions shall be cancelled upon the recipient's  death.  The  commissioner  shall  have  regulations  to provide  for  the  waiver  or  suspension of any financial obligation in whole or part under this  subdivision  where  compliance  would  involve extreme  hardship.  In  determining  whether  to  grant  such  waiver or suspension, the commissioner may consider whether the  recipient  failed to  complete  the  registered  graduate  program  leading  to  permanent certification as a teacher or completed  such  program  under  financial hardship  by  reason  of  the discontinuance of funding for the award of fellowships pursuant to this subdivision.   9. Regents physician loan forgiveness program. Regents physician  loan forgiveness  awards shall be awarded annually to physicians who agree to practice medicine in an area of New York state designated by the regents as having a shortage of physicians. Such awards shall be classified  and allocated in accordance with regents rules.   a. Eligibility. (1) The applicant must be a resident of New York state and licensed to practice medicine.  (2) The applicant must have completed a professional residency program within  the  five  years  immediately preceding the period for which the first award would be granted, or be within two years of completion of an accredited residency program in a primary care specialty  designated  in short supply by the board of regents.  (3)  The  applicant  must agree to practice medicine in an area in New York state designated as having a shortage of physicians.  The  regents, after  consultation  with  the  commissioners of health, corrections and community supervision, mental  health  and  developmental  disabilities, shall  designate  those  regions  and facilities of New York state which have a shortage of physicians for  the  purposes  of  this  section  and establish relative rankings thereof.    b.  Selection. The commissioner, in consultation with the commissioner of health, shall establish criteria for the selection of participants in the program. An applicant must satisfy at  least  one  of  the  criteria established.  A  priority  shall  be  accorded  to  any applicant who is completing  the second year of the service requirement and is reapplying for a new award. The criteria shall include but not be  limited  to  the following:  (i)  reapplication  for  a new award by a person who is completing the second year of a service requirement;  (ii) receipt of specific training  in  a  primary  care  specialty  or obstetrics, determined by the regents to be in short supply;  (iii) receipt of specific training or experience in serving a shortage area;  (iv)  receipt  of  specific training or experience matching a specific medical need existing in a shortage area; and  (v) agreement pursuant to subdivision (d) of this section to  practice in  an  area  determined  by  the  regents  to have a severe shortage of primary care physician services.   c. Notification. (1) The  commissioner  shall  then  forward  approved applications to the president and shall notify unsuccessful applicants;  (2) The president shall verify the approved applicants':  (i) eligibility; and  (ii) total undergraduate and medical school student expense;  (3) The president shall notify applicants of their award entitlement.   d.  Service requirement. Within such time as the commissioner shall by regulation provide, a  recipient  of  an  award  shall  have  agreed  to practice  medicine in a specific area designated as having a shortage of physicians for a period of twelve months for each annual payment  to  be received  by  the recipient. Physicians in training who receive an award shall not receive credit toward their required service for time spent in a training program. In no case shall  the  total  number  of  months  of service  required  be  less  than  twenty-four.  The president shall, in consultation with the commissioner, develop and secure from  each  award recipient, a written agreement to:  (i) practice medicine in the designated shortage area;  (ii) to accept Medicare and Medicaid payments; and  (iii)  to provide thirty-five hours per week of direct patient care in the  designated  shortage  area  being  served,  or  to  the  designated population being served. If a recipient fails to comply fully with such conditions, the president shall  be  entitled  to  receive  from  such  recipient  an amount to be determined by the formula:                               A = 2B (t-s)                                       ---                                        t in which "A" is the amount the president is entitled to recover; "B"  is the  sum  of all payments made to the recipient and the interest on such amount which would be payable if at the times such awards were paid they were loans bearing interest at the maximum prevailing rate; "t"  is  the total  number of months in the recipient's period of obligated services; and "s" is the number of months of  service  actually  rendered  by  the recipient.  Any  amount which the president is entitled to recover under this paragraph shall be paid within the five-year  period  beginning  on the  date  that  the  recipient  failed  to  comply  with  this  service condition. Nothing in the written agreement shall affect  the  terms  of employment  of  the  individual  who shall negotiate, separate and apart from the program, his or her salary and other forms of  employment  with  an  agency,  institution  or  a  program  in  which  he  or she shall be employed.   Any  obligation  to  comply  with  such provisions as outlined in this section shall  be  cancelled  upon  the  death  of  the  recipient.  The commissioner  shall  make  regulations  to  provide  for  the  waiver or suspension of any  financial  obligation  which  would  involve  extreme hardship.   e. Reporting. A recipient of an award shall report annually to the New York  state higher education services corporation, and the department of health on forms prescribed by the president, as to  the  performance  of the  required  services,  commencing with the calendar year in which the recipient begins to practice medicine in a shortage area and  continuing until the recipient shall have completed, or it is determined that he or she  shall  not  be obligated to complete, the required services. If the recipient shall fail to file any report required hereunder within thirty days of written notice to the recipient, mailed to the address shown  on the  last  application  for  an award or last report filed, whichever is later, the president of the corporation may impose a fine of up  to  one thousand  dollars.  The president shall have the discretion to waive the filing of a report, excuse a delay in filing or  a  failure  to  file  a report, or waive or reduce any fine imposed for good cause shown.   f.  Other  awards. Award recipients shall be eligible to apply for one additional award.   * 10.  Regents  health  care  professional  opportunity  scholarships. Regents  health  care  professional  opportunity  scholarships  shall be awarded annually to students who are beginning or engaged in an approved program in medicine or dentistry and who are economically  disadvantaged and/or members of an underrepresented minority group, provided, however, that  to  the  extent  that regents health care professional opportunity scholarships are not awarded, such  scholarships  shall  be  awarded  as regents  professional opportunity scholarships. These scholarships shall be classified and allocated in accordance with regents rules.   a. In selecting  and  certifying  scholarship  recipients  under  this subdivision,  priority  shall be accorded to applicants in the following order:  (1) First, to any  applicant  who  is  economically  disadvantaged  as defined  by  the regents and a minority historically underrepresented in the profession as determined by the regents after consultation with  the council  on  professional  career  opportunity  created  by section nine hundred forty-one of the executive law;  (2) Second, to any applicant who is a minority underrepresented in the profession as determined by the  regents  after  consultation  with  the council  on  professional  career  opportunity  created  by section nine hundred forty-one of the executive law;  (3) Third, to any applicant who is a graduate of  the  state-sponsored opportunity  program pursuant to section sixty-four hundred fifty-one or sixty-four hundred fifty-two of this chapter.   In the event that there are more applicants who have the same priority than there are remaining scholarships, the commissioner shall distribute the remaining number of such scholarships by means of a lottery or other form of random selection.   b. The commissioner shall then forward approved  applications  to  the president and shall notify unsuccessful applicants.   c. The president shall notify applicants of their award entitlement.   d. The president shall, in consultation with the commissioner, develop and  secure  from  each  successful  applicant  a  written  agreement to practice medicine or dentistry, as appropriate, in a designated shortage area. Within such time as the commissioner shall by regulation  provide,  a recipient of an award shall have practiced medicine or dentistry in an area  designated  as  having  a  shortage  of physicians or dentists, as appropriate, for that number of  months  calculated  by  multiplying  by twelve  the  number  of annual payments received by the recipient. In no case shall the total number of months of service required be  less  than twenty-four.  If a recipient fails to comply fully with such conditions, the president shall be entitled to receive from such recipient an amount to be determined by the formula:                               A = 2B (t-s)                                       ---                                        t in which "A" is the amount the president is entitled to recover; "B"  is the  sum  of all payments made to the recipient and the interest on such amount which would be payable if at the times such awards were paid they were loans bearing interest at the maximum prevailing rate; "t"  is  the total  number of months in the recipient's period of obligated services; and "s" is the number of months of  service  actually  rendered  by  the recipient.  Any  amount which the president is entitled to recover under this paragraph shall be paid within the five-year  period  beginning  on the  date  that  the  recipient  failed  to  comply  with  this  service condition. Nothing in the written agreement shall affect  the  terms  of employment  of  the  individual  who shall negotiate, separate and apart from the program, his or her salary and other forms of  employment  with an  agency,  institution  or  a  program  in  which  he  or she shall be employed.   Any obligation to comply with such  provisions  as  outlined  in  this section  shall  be  cancelled  upon  the  death  of  the  recipient. The commissioner shall  make  regulations  to  provide  for  the  waiver  or suspension  of  any  financial  obligation  which  would involve extreme hardship.   e. A recipient of an award shall report annually to the New York state higher education services corporation, on forms prescribed by it, as  to the  performance  of the required services, commencing with the calendar year in which the recipient begins to practice medicine or dentistry  in a shortage area and continuing until the recipient shall have completed, or  it  is determined that he or she shall not be obligated to complete, the required services. If the recipient shall fail to  file  any  report required   hereunder  within  thirty  days  of  written  notice  to  the recipient, mailed to the address shown on the last  application  for  an award  or  last  report  filed, whichever is later, the president of the corporation may impose a  fine  of  up  to  one  thousand  dollars.  The president  shall  have  the  discretion to waive the filing of a report, excuse a delay in filing or a failure to file  a  report,  or  waive  or reduce any fine imposed for good cause shown.   * NB Scholarship terminated per ch. 31/85, as amended   * 11.   Regents  professional  opportunity  scholarships.  a.  Regents professional opportunity  scholarships  shall  be  awarded  annually  to students  who are beginning or engaged in an approved program leading to a degree in  a  profession  licensed  by  the  regents  or  other  field designated  by the regents and who are economically disadvantaged and/or members of an underrepresented minority group. Such  scholarships  shall be  classified  and  allocated  in  accordance  with  regents  rules. In selecting and certifying scholarship recipients under this  subdivision, priority shall be accorded to applicants in the following order:  (1)  First,  to  any  applicant  who  is economically disadvantaged as defined by the regents and a minority historically  underrepresented  in the  profession or field as determined by the regents after consultation  with the council on professional career opportunity created  by  section nine hundred forty-one of the executive law;  (2) Second, to any applicant who is a minority underrepresented in the profession  or  field  determined by the regents after consultation with the council on professional career opportunity created by  section  nine hundred forty-one of the executive law;  (3) Third, to any applicant who is enrolled in or is a graduate of the state-sponsored  opportunity  program  pursuant  to  section  sixty-four hundred fifty-one or sixty-four hundred fifty-two of this chapter.   In the event that there are more applicants who have the same priority than there are remaining scholarships, the commissioner shall distribute the remaining number of such scholarships by means of a lottery or other form of random selection.   b. The commissioner shall then forward approved  applications  to  the president and shall notify unsuccessful applicants.   c. The president shall notify applicants of their award entitlement.   d. Within such time as the commissioner shall by regulation provide, a recipient  of  an  award  shall  have  resided  and  been  employed in a profession or field designated by the regents in New York state for that number of months calculated by  multiplying  by  twelve  the  number  of annual  awards received by the recipient. If a recipient fails to comply fully with such condition, the state shall be entitled to  recover  from such recipient an amount determined by the formula:                               A = 2B (t-s)                                       ---                                        t in  which "A" is the amount the president is entitled to recover; "B" is the sum of all awards paid to the recipient and  the  interest  on  such amount which would be payable if at the times such awards were paid they were  loans  bearing interest at the maximum prevailing rate; "t" is the total number of months in the recipient's period of obligated  services; and  "s"  is  the  number  of months of service actually rendered by the recipient. Any amount which the president is entitled to  recover  under this  paragraph  shall  be paid within the five-year period beginning on the  date  that  the  recipient  failed  to  comply  with  this  service condition.  Nothing  in  the written agreement shall affect the terms of employment of the individual who shall  negotiate,  separate  and  apart from the program, his or her salary and other forms of employment.   Any  obligation  to  comply  with  such provisions as outlined in this section shall  be  cancelled  upon  the  death  of  the  recipient.  The commissioner  shall  make  regulations  to  provide  for  the  waiver or suspension of any  financial  obligation  which  would  involve  extreme hardship.   e. A recipient of an award shall report annually to the New York state higher  education services corporation, on forms prescribed by it, as to the performance of the required services, until the recipient shall have completed, or it is determined that he or she shall not be obligated  to complete, the required services. If the recipient shall fail to file any report  required  hereunder  within thirty days of written notice to the recipient, mailed to the address shown on the last  application  for  an award  or  last  report  filed, whichever is later, the president of the corporation may impose a  fine  of  up  to  one  thousand  dollars.  The president  shall  have  the  discretion to waive the filing of a report, excuse a delay in filing or a failure to file  a  report,  or  waive  or reduce any fine imposed for good cause shown.   * NB Scholarship terminated per ch. 31/85, as amended   12. Empire state scholarships of excellence. One thousand empire state scholarships  of  excellence  shall be awarded each year, beginning with  the nineteen hundred eighty-six--nineteen hundred eighty-seven  academic year  to  students  completing  their  high  school programs who in each county  receive  the  highest  scores  on  the  nationally   established competitive examinations upon which the regents college scholarships are based. The awarded scholarships shall be allocated to each county in the state  in  the  same  ratio that the number of students residing in such county who were graduated from approved high schools in the state during the school year preceding the date of the examination for the  award  of such  scholarships bears to the total number of students residing in the state who were graduates from approved high schools in the state  during such  school  year  provided that no county shall be allocated less than two scholarships, except Hamilton county which  shall  be  allocated  no less  than  one  scholarship.  In  the  event that a scholarship awarded pursuant to this subdivision is declined  by  a  student,  or,  for  any reason,  is  revoked  by the commissioner or the president, its benefits shall lapse and there shall be no further payment or reawarding of  such scholarship.