NY Educ L § 667-D (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 667-D - Enhanced Tuition Awards.

§  667-d.  Enhanced  tuition  awards. 1. Recipient qualifications.  a.   Establishment. Enhanced tuition awards are available  for  students  who   are   enrolled   in   approved   programs  in  private  degree  granting   institutions of higher education except those institutions set forth  in   paragraph b of subdivision four of section six hundred sixty-one of this   part  and  who  demonstrate  the  ability  to  complete such courses, in   accordance with standards established  by  the  commissioner;  provided,   that, no award shall exceed one hundred percent of the amount of tuition   charged.b. Application for other awards. A student who would be eligible for a   tuition  assistance  program  award  pursuant  to  section  six  hundred   sixty-seven of this subpart and/or a  federal  Pell  grant  pursuant  to   section  one thousand seventy of title twenty of the United States code,   et. seq., is required to apply for each such award. Any award  shall  be   applied  to tuition after the application of payments received under the   tuition assistance program pursuant to section six  hundred  sixty-seven   of this subpart.c.  GPA  requirements. Notwithstanding paragraph c of subdivision four   of section six hundred sixty-one of this part, a  school  shall  certify   that  a  recipient  has  achieved  a  grade  point average necessary for   successful completion of his or her coursework to receive payment  under   the award.d.  Credit  requirements.  An award shall be made to an applicant who:   (i) if enrolled in (A) a private degree granting 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 program or programs of study or (B) a public   degree granting 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   program  or programs of study and which were accepted upon transfer to a   private degree granting institution of higher education; (ii) 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 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 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  applicants  who  are  disabled  to  be   eligible  for  an  award  pursuant  to  this  section  based on modified   criteria.e. Notwithstanding paragraph d of  this  subdivision,  a  student  who   otherwise satisfies all of the requirements under this section but fails   to  complete  at  least  thirty  combined  credits,  or  its equivalent,   applicable to his or her program or programs of study in any year  shall   be  eligible  to receive an award payment for the first semester of such   year, provided however, the student shall be ineligible for any  further   payments under this section.f.   Additional  requirements.  A  recipient  shall  agree  to  reside   exclusively in New York state, and shall not be employed  in  any  other   state,  for  a  continuous  number of years equal to the duration of the   award received within six months of receipt of his or  her  final  award   payment,  and  sign  a  contract with the corporation to have his or her   full award converted to a student loan according to  a  schedule  to  be   determined  by  the  corporation  if  such student fails to fulfill this    requirement.  The  terms  and  conditions  of  this  paragraph  may,  as   established  by  the  rules  and  regulations  of  the  corporation,  be   deferred: (i)  to  complete  undergraduate  study;  or  (ii)  to  attend   graduate  school on at least a half-time basis. Any obligation to comply   with such provisions as outlined in this paragraph may be cancelled upon   the death of the  recipient.  Notwithstanding  any  provisions  of  this   paragraph  to  the contrary, the corporation is authorized to promulgate   rules and regulations to provide for the waiver  or  suspension  of  any   financial obligation which would involve extreme hardship.g.  Failure  to  meet  the conditions of the award shall not otherwise   disqualify a student's eligibility to receive an award under section six   hundred sixty-seven of this subpart.2. Duration. No undergraduate shall be eligible  for  more  than  four   academic  years of study, or five academic years if the program of study   normally requires five years. An undergraduate student  enrolled  in  an   eligible two-year program approved by the commissioner shall be eligible   for  no  more  than  two  academic years. Under no circumstances shall a   student receive an award for  a  two-year  program  for  more  than  two   consecutive  years  of  academic  study or four consecutive semesters of   academic study; or at a four or five-year program, for  more  than  four   consecutive  years  or  eight consecutive semesters of academic study or   five consecutive years, or ten consecutive semesters  of  study  if  the   program normally requires five years. Notwithstanding, such duration may   be  extended  for  an allowable interruption of study including, but not   limited to, death of a family member, medical leave,  military  service,   and parental leave, as established by the corporation in regulation.3.  Income. An award shall be made to an applicant who has an adjusted   gross income for the qualifying year, as such terms are defined in  this   subdivision, 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.  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  or  years  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 this subdivision based on such year. Provided, further that   such change was caused by the death, permanent  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.4.  Amount.  Within  the  amounts  appropriated  therefor and based on   availability of funds, awards shall be granted beginning  with  the  two   thousand  seventeen--two  thousand eighteen academic year and thereafter    to applicants that  the  corporation  has  determined  are  eligible  to   receive  such  awards.  Recipients  of an award under this program shall   receive six thousand dollars  through  a  combination  of  the  enhanced   tuition award plus a student's tuition assistance program award pursuant   to   section   six   hundred   sixty-seven  of  this  subpart  plus  the   institution's matching  award  pursuant  to  subdivision  five  of  this   section. Provided, however, any institution that charges tuition that is   reduced  by  greater  than  fifteen  percent  from  the level of tuition   charged six years prior to the academic year in which the award is to be   applied shall be exempt from the requirement to provide such  match  and   students  attending  such institutions shall receive an enhanced tuition   award without such institutional match.5. Matching awards. Commencing with the  two  thousand  seventeen--two   thousand   eighteen   academic   year   and   thereafter,  participating   institutions shall credit each recipient's remaining tuition expenses in   an amount equal to the recipient's award under this  section.  Provided,   however  that  any  institution  that charges tuition that is reduced by   greater than fifteen percent from the level of tuition charged six years   prior to the academic year in which the award is to be applied shall  be   exempt  from  the  requirement  to  provide such match, and shall remain   exempt from providing such match to such recipient in any academic  year   in which such recipient receives an award under this section.6.  Tuition. The rate of tuition charged to an individual receiving an   award shall not  be  increased  for  the  duration  of  time  that  such   individual receives an award.7. College option. An institution may choose not to participate in the   program  and  students attending any non-participating college may still   be eligible  to  receive  an  award  pursuant  to  section  six  hundred   sixty-seven of this subpart.8. Recipient selection. The president may establish: a. an application   deadline  and  b.  a method of selecting recipients if in any given year   there are insufficient funds to cover the needs of  all  the  applicants   provided  that  priority  shall  be given to eligible applicants who are   currently in attendance at an institution of higher education.9. Rules and regulations. The corporation is authorized to  promulgate   rules   and  regulations,  and  may  promulgate  emergency  regulations,   necessary for the implementation  of  the  provisions  of  this  section   including, but not limited to, the criteria for distributing the awards,   which may include a lottery or other form of random selection.