NY Educ L § 610 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 13-A - Liberty Scholarships 610 - Liberty Scholarships.

§ 610. Liberty    scholarships.      1.   Establishment   of   liberty scholarships.    The  president  of  the   higher   education   services corporation  shall  award  liberty  scholarships  for  payment  annually beginning  with  the  nineteen  hundred   ninety-one--nineteen   hundred ninety-two  academic  year,  and  in  each  academic year thereafter, to students eligible pursuant  to  subdivision  two  of  this  section.  In administering  this  program,  the  president  is  hereby  authorized to exercise all powers and duties authorized under article fourteen of this chapter.   2. Eligibility for scholarship. Liberty scholarships shall be  awarded to persons:   a. who have applied for such scholarship;   b.  who have graduated from a secondary school located within New York state or have received a high school equivalency diploma from  New  York state;   c.  who  have  not attained the age of twenty-two as of June thirtieth prior to the academic year for which the initial award is  received  and who  are undergraduate students receiving aid under this chapter for the first time during academic year  nineteen  hundred  ninety-one--nineteen hundred ninety-two or thereafter;   d.  who  have  enrolled  in  an  approved program in a degree-granting institution located in New York state within twenty-four months  of  the date  that  the  recipient graduated from secondary school or received a high school equivalency diploma, provided that those  students  who  are temporarily  unable  to  avail  themselves  of the award due to illness, military service or other causes in accordance with rules of  the  board of  regents  prior  to  receipt  of the first payment of an award may be granted a leave of absence pursuant to regulations of  the  trustees  of the higher education services corporation;   e.  who  satisfy  the requirements of section six hundred sixty-one of this chapter;   f. who retain good academic standing as defined by  the  commissioner; and   g.  who  qualify for a scholarship pursuant to subdivision six of this section.   3. Application. Application for payment of a liberty scholarship shall be made in conjunction with an application  for  tuition  assistance  in accordance with rules of the board.   4.  Application  for  other student financial assistance. a. A student enrolled in a program of  full-time  study  shall  not  be  entitled  to receive  a  scholarship  unless  the  recipient  (1)  receives a tuition assistance award or supplemental tuition assistance  award  pursuant  to section  six  hundred  sixty-seven  or six hundred sixty-seven-a of this chapter and (2) receives a Pell grant  award  pursuant  to  section  one thousand seventy-a of title twenty of the United States code.   b.  A  recipient enrolled in a program of part-time study shall not be entitled to receive a scholarship unless the recipient receives  a  Pell grant  award  pursuant to section one thousand seventy-a of title twenty of the United States code.   5. Duration. a. Subject to the requirements of subdivision two of this section, a recipient shall be entitled to an annual scholarship for  not more  than  (1)  four academic years of full-time undergraduate study or the equivalent thereof of part-time study, or (2) five  academic  years, or  the  equivalent  thereof of part-time study, if the program of study normally requires five years, as defined by the commissioner pursuant to article thirteen of this chapter.   b. For purposes  of  this  subdivision  and  subdivision  fourteen  of section  six  hundred  five  of this chapter, the term "part-time study"  means enrollment 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 approved undergraduate program.   c.  Any semester, quarter or term of attendance during which a student receives an award for part-time study pursuant to this section shall  be counted  as one-half of a semester, quarter or term, as the case may be, toward the maximum term of eligibility  for  tuition  assistance  awards pursuant  to  sections six hundred sixty-six and six hundred sixty-seven of this chapter.   6. Amount. a. The president shall grant  annual  scholarships  in  the following amounts:  (1)  If the recipient attends an institution of the city university of New York or an institution of the state university  of  New  York  other than  the  statutory  colleges  at Cornell, the college of environmental science and forestry at Syracuse and the college of ceramics at  Alfred, the annual scholarship award shall be an amount equal to the non-tuition cost  of  attendance  at  such institution or college reduced by (i) the amount of a Pell grant and (ii) the  amount  of  such  other  state  and federal  scholarships  and  grants,  other  than  tuition  assistance or supplemental tuition assistance received under this  chapter,  which  do not  require  repayment,  awarded  to  the  recipient  for  the  cost of attendance at  the  institution  being  attended,  as  reported  to  the president; provided, however, that such scholarship shall be reduced one dollar  for every three dollars of income in excess of eighteen thousand dollars of income; or  (2) If the recipient attends  any  other  degree-granting  institution within  New  York  state  and  enrolls  in  a  program  approved  by the commissioner, the annual scholarship award shall be based upon an amount equal to the average non-tuition cost of attendance,  as  determined  by the  commissioner  in consultation with the president and as approved by the director of the budget, for a student at the state university of New York or actual non-tuition cost of  attendance    at  such  institution, whichever  is  less,  reduced  by  (i)  the  amount  of a Pell grant the recipient would have been entitled to had  the  recipient  attended  the state university of New York and (ii) the amount of such other state and federal  scholarships  and  grants,  other  than  tuition  assistance or supplemental tuition assistance received under this  chapter,  which  do not  require  repayment,  awarded  to  the  recipient  for  the  cost of attendance at  the  institution  being  attended,  as  reported  to  the president;  provided,  however,  that such scholarships shall be reduced one dollar for every three dollars  of  income  in  excess  of  eighteen thousand dollars of income.  (3)  Scholarships  and  grants  that reduce the cost of attendance for purposes of determining the amount of  a  scholarship  award  shall  not include  supplemental  financial  assistance  provided  on a last dollar basis pursuant to the provisions of section sixty-four hundred fifty-one or sixty-four hundred fifty-two of this chapter.  (4) "Non-tuition cost of attendance", as used in this paragraph, shall mean: (i) the actual amount charged by  the  institution  for  room  and board  and  (ii)  an allowance for transportation, books and supplies as determined by the commissioner in consultation with the president and as approved by the director of the budget, provided that such determination shall be made no later than December first of each year for use  in  the succeeding  academic year. In the event a student does not incur room or board charges at the institution, "non-tuition cost of attendance" shall mean an allowance for room and board as determined by  the  commissioner in  consultation  with the president and approved by the director of the budget. In determining allowances pursuant  to  this  subparagraph,  the  commissioner  may take into consideration the allowances provided for in the Pell grant program.   b.  For  the  purposes  of  determining  annual scholarships, the term "income" shall be  determined  in  accordance  with  the  provisions  of section  six  hundred sixty-three of this chapter, except that in making such determination, adjusted gross income, as defined in regulations  of the trustees of the corporation, shall be used instead of New York state net taxable income.   c.  In  no  event  shall  the combination of all student financial aid received by a student exceed the recipient's total cost of attendance at the institution being attended.   7.  Ineligibility  for  a  tuition  assistance,  supplemental  tuition assistance  or  Pell grant award in a particular academic year shall not prevent a recipient from receiving a liberty scholarship  award  in  any subsequent  year  in  which  such  recipient shall become eligible for a tuition assistance, supplemental tuition assistance or Pell grant award, provided, however, the seven-year  period  referred  to  in  subdivision seven  of  section  six  hundred  sixty-five  of  this  chapter,  or  an eight-year period for part-time study, shall not have elapsed.   8.  Relationship  to  educational  opportunity  programs.      Liberty scholarship  recipients  who  qualify  for  admission to the educational opportunity programs established in section sixty-four hundred fifty-one or sixty-four hundred fifty-two of this  chapter  shall  in  no  way  be precluded  from  participation  in  such  programs  as a result of their status as liberty scholarship recipients. Recipients who qualify and are selected for participation in the opportunity programs shall be eligible to receive the same tutoring and counseling services provided  to  other educational  opportunity  program  students,  and  shall  be eligible to receive  supplemental  financial  assistance  through  the   educational opportunity  programs  for any approved costs not otherwise funded under such scholarship.   9. Notification. The superintendent of schools or other  chief  school officer  of  each public school district and the chief school officer of nonpublic secondary schools shall take  steps  to  inform  students  and parents  about  the  liberty  scholarship  program  and various types of student financial aid that are available for their  college  educations. The corporation, in cooperation with the commissioner, shall assist such efforts  by  making  available  to school districts, nonpublic secondary schools and students information relating to such programs and  aid.  In addition, the commissioner, in cooperation with the president and school officials shall also provide such other information as is appropriate to encourage  students  to  complete  high school and to assist students in preparing to attend college.   10. Regulations. All regulations of the commissioner or regulations of the trustees of the corporation to  implement  the  provisions  of  this article shall be subject to the approval of the director of the budget.