NY Educ L § 669-H (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-H - Excelsior Scholarship.

§   669-h.   Excelsior   scholarship.  1.  Eligibility.  An  excelsior scholarship award shall be made to an applicant who: (a) is matriculated in an approved program leading to an undergraduate degree at a New  York state  public  institution of higher education; (b) if enrolled in (i) a public  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 (ii) an 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 public institution of higher education; (c) 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; (d) 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; and (e) complies with the applicable provisions of  this article  and  all  requirements  promulgated  by the corporation for the administration of the program. 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(s) 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 paragraph (d) of 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.   2.   Amount.   Within  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.  The  corporation  shall  grant such awards in an amount up to five thousand  five  hundred  dollars  or  actual  tuition, whichever  is  less;  provided,  however,  (a)  a  student  who receives educational  grants  and/or  scholarships  that cover the student's full cost of attendance shall  not  be  eligible  for  an  award  under  this program; and (b) an award under this program 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, tuition  credits  pursuant  to section six hundred eighty-nine-a of this article, federal Pell grant pursuant to section one thousand seventy  of title  twenty  of the United States code, et seq., and any other program that covers the cost of attendance unless  exclusively  for  non-tuition expenses,  and  the  award  under  this  program shall be reduced in the amount equal to such payments, provided that the  combined  benefits  do not  exceed  five thousand five hundred dollars. Upon notification of an award under this program, the institution  shall  defer  the  amount  of tuition. Notwithstanding paragraph h of subdivision two of section three hundred fifty-five and paragraph (a) of subdivision seven of section six thousand  two  hundred  six  of this chapter, and any other law, rule or regulation to the contrary, the undergraduate  tuition  charged  by  the institution  to recipients of an award shall not exceed the tuition rate established  by  the  institution  for  the  two  thousand  sixteen--two thousand  seventeen  academic  year  provided,  however, that in the two thousand twenty-three--two thousand twenty-four academic year and  every year thereafter, the undergraduate tuition charged by the institution to recipients  of  an  award  shall  be  reset  to  equal  the tuition rate established by  the  institution  for  the  forthcoming  academic  year, provided  further that the tuition credit calculated pursuant to section six hundred eighty-nine-a of this article shall be  applied  toward  the tuition  rate  charged  for  recipients  of an award under this program. Provided further that the state university of  New  York  and  the  city university  of  New  York  shall provide an additional tuition credit to students receiving an award to cover the remaining cost of tuition.   3. Duration. An eligible recipient shall not receive an award for more than four academic  years  of  full-time  undergraduate  study  or  five academic  years if the program of study normally requires five years. An eligible recipient enrolled in an eligible two  year  program  of  study shall   not   receive  an  award  for  more  than  two  academic  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.   4.  Conditions.  (a) An applicant who would be eligible for a New York state 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.  (b)  An  applicant who has earned a bachelor's degree is ineligible to receive an award pursuant to this section.  (c) An applicant who has earned an associate's degree is ineligible to receive an award for a two  year  program  of  study  pursuant  to  this section.  (d)  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.  (e) 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.  (f) Notwithstanding paragraph (c) of subdivision one of this  section, 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.   5.  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  a  public  institution  of  higher education.   6.  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.