NY Educ L § 667 (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 - Tuition Assistance Program Awards.

§ 667. Tuition    assistance    program   awards.       1.   Recipient qualifications. Tuition assistance program awards are available for  all students  who  are enrolled in approved programs and who demonstrate the ability  to  complete  such  courses,  in  accordance   with   standards established  by  the commissioner provided, however, that no award shall be  made  unless  tuition  (exclusive  of  educational  fees)  and,   if applicable,  the  college fee levied by the state university of New York pursuant to the  April  first,  nineteen  hundred  sixty-four  financing agreements  with  the New York state dormitory authority charged for the program in which the student is enrolled  total  at  least  two  hundred dollars  a  year,  and  provided  further  that, no award can exceed one hundred percent of the amount of tuition charged.   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. Students enrolled in a program of remedial study,  approved  by  the  commissioner  in  an  institution  of  higher education  and  intended to culminate in a degree in undergraduate study shall, for purposes of this section, be  considered  as  enrolled  in  a program of study normally requiring five years. An undergraduate student enrolled  in  an  eligible  two  year  program  of study approved by the commissioner shall be eligible for no more than three academic years  of study. An undergraduate student enrolled in an approved two or four-year program  of  study  approved  by  the  commissioner who must transfer to another institution as a result of permanent college  closure  shall  be eligible for up to two additional semesters, or their equivalent, to the extent  credits  necessary  to complete his or her program of study were deemed non-transferable from the closed institution or were  deemed  not applicable  to  such  student's program of study by the new institution. Any semester, quarter, or term of  attendance  during  which  a  student receives  any  award under this article, after the effective date of the former scholar incentive program and prior  to  academic  year  nineteen hundred  eighty-nine--nineteen  hundred  ninety, shall be counted toward the maximum term  of  eligibility  for  tuition  assistance  under  this section,  except that any semester, quarter or term of attendance during which a student received  an  award  pursuant  to  section  six  hundred sixty-six  of  this  subpart shall be counted as one-half of a semester, quarter or term, as  the  case  may  be,  toward  the  maximum  term  of eligibility  under  this  section.  Any  semester,  quarter  or  term of attendance during which a student received an award pursuant to  section six  hundred  sixty-seven-a  of this subpart shall not be counted toward the maximum term of eligibility under this section.   3. Tuition assistance program awards.   a. Amount. The president shall make awards  to  students  enrolled  in degree-granting   institutions  or  registered  not-for-profit  business schools qualified for tax exemption under § 501(c)(3)  of  the  internal revenue code for federal income tax purposes in the following amounts:  (i) For each year of undergraduate study, assistance shall be provided as  computed  on  the  basis  of  the  amount which is the lesser of the following:  (A) (1) In the case of students who have not been granted an exclusion of parental income, who have qualified as an orphan,  foster  child,  or ward  of  the  court  for  the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965,  as amended,  or had a dependent for income tax purposes during the tax year next preceding the academic year for which application is  made,  except for  those  students  who have been granted exclusion of parental income who have a spouse but no other dependent:  (a)  Five  thousand  dollars,  except   starting   in   two   thousand fourteen-two  thousand fifteen such students shall receive five thousand one hundred sixty-five dollars, and  except  starting  in  two  thousand twenty-one--two  thousand  twenty-two and thereafter such students shall receive  five  thousand six hundred sixty-five dollars, provided however that nothing herein shall be construed  as  increasing  any  award  made pursuant  to  this  section  for  an academic year prior to two thousand twenty-one--two thousand twenty-two; or  (b) For undergraduate students enrolled in a program  of  study  at  a non-public  degree-granting institution that does not offer a program of study  that  leads  to  a  baccalaureate  degree,  or  at  a  registered not-for-profit business school qualified for tax exemption under section 501(c)(3)  of  the internal revenue code for federal income tax purposes that does not offer a program of study that  leads  to  a  baccalaureate degree,   four   thousand  dollars,  except  starting  in  two  thousand twenty-one--two thousand twenty-two and thereafter such  students  shall receive four thousand five hundred dollars. Provided, however, that this subitem  shall  not  apply  to  students  enrolled in a program of study leading to a certificate or degree in nursing.  (2) In the case of students receiving awards pursuant to  subparagraph (iii)  of  this  paragraph  and  those  students  who  have been granted exclusion of parental income who have a spouse but  no  other  dependent beginning  in  the  two  thousand  twenty-one--two  thousand  twenty-two academic year and thereafter, three thousand  five  hundred  twenty-five dollars,  provided  that nothing herein shall be construed as increasing any award made for any prior academic year; or  (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of educational  fees) charged and, if applicable, the college fee levied by the state university of New York pursuant to the April  first,  nineteen hundred sixty-four financing agreement with the New York state dormitory authority.  (2)  For  the  two  thousand  one--two  thousand two academic year and thereafter one hundred percent of the amount of  tuition  (exclusive  of educational  fees) charged and, if applicable, the college fee levied by the state university of New York pursuant to the April  first,  nineteen hundred sixty-four financing agreement with the New York state dormitory authority.  (ii)  Except  for  students  as  noted  in  subparagraph (iii) of this paragraph, the base amount as determined from subparagraph (i)  of  this paragraph, shall be reduced in relation to income as follows:  Amount of income                    Schedule of reduction                                     of base amount  (A) Less than seven thousand        None     dollars (B) Seven thousand dollars or       Seven per centum of excess     more, but less than eleven      over seven thousand dollars     thousand dollars (C) Eleven thousand dollars or      Two hundred eighty dollars     more, but less than eighteen    plus ten per centum of excess     thousand dollars                over eleven thousand dollars (D) Eighteen thousand dollars or    Nine hundred eighty dollars     more, but not more than eighty  plus twelve per centum of     thousand dollars                excess over eighteen                                     thousand dollars  (iii)  (A)  For  students  who have been granted exclusion of parental income and were single with no dependent for income tax purposes  during the  tax  year next preceding the academic year for which application is made, the base  amount,  as  determined  in  subparagraph  (i)  of  this paragraph, shall be reduced in relation to income as follows:  Amount of income                    Schedule of reduction                                     of base amount  (1) Less than three thousand        None     dollars (2) Three thousand dollars or       Thirty-one per centum of     more, but not more than ten     amount in excess of three     thousand dollars                thousand dollars  (B)  For  those  students  who have been granted exclusion of parental income who have a spouse but no other dependent, for income tax purposes during  the  tax  year  next  preceding  the  academic  year  for  which application  is made, the base amount, as determined in subparagraph (i) of this paragraph, shall be reduced in relation to income as follows:  Amount of income                    Schedule of reduction                                     of base amount  (1) Less than seven thousand        None     dollars (2) Seven thousand dollars or       Seven per centum of excess     more, but less than eleven      over seven thousand dollars     thousand dollars (3) Eleven thousand dollars or      Two hundred eighty dollars     more, but less than eighteen    plus ten per centum of excess     thousand dollars                over eleven thousand dollars (4) Eighteen thousand dollars or    Nine hundred eighty dollars     more, but not more than forty   plus twelve per centum of     thousand dollars                excess over eighteen                                     thousand dollars  (iv) If the amount of reduction is not a whole  dollar,  it  shall  be reduced  to the next lowest whole dollar. In the case of any student who has received four or more  payments  pursuant  to  any  and  all  awards provided for in this subdivision, for the two thousand--two thousand one academic  year  the  base  amount  shall be reduced by an additional one hundred fifty  dollars  for  the  two  thousand  one--two  thousand  two academic  year  and  thereafter  the  base amount shall be reduced by an additional one hundred dollars.  (v) The award shall be the net amount of the  base  amount  determined pursuant  to  subparagraph  (i)  of  this  paragraph reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the award shall not  be reduced for the two thousand--two thousand one and two thousand one--two thousand  two  academic  years below two hundred seventy-five dollars if the amount of income is eighty thousand dollars or less  and  more  than seventy  thousand  dollars,  three  hundred  twenty-five  dollars if the amount of income is seventy thousand dollars or less and more than sixty thousand dollars and four hundred twenty-five dollars if the  amount  of income is sixty thousand dollars or less.  (vi)  For  the  two thousand two--two thousand three academic year and thereafter, the award shall  be  the  net  amount  of  the  base  amount determined  pursuant  to  subparagraph  (i)  of  this  paragraph reduced  pursuant to subparagraph (ii) or (iii) of this paragraph but  the  award shall not be reduced below five hundred dollars.   b. Amount. The president shall make awards to students enrolled in two year  programs offered in registered private business schools except for registered not-for-profit business schools qualified for  tax  exemption under  section 501(c)(3) of the internal revenue code for federal income tax purposes in the following amounts:  (i) For each year of study, assistance shall be provided  as  computed on the basis of the amount which is the lesser of the following:  (A) (1) one thousand three hundred dollars, or  (2)  for  students  receiving awards pursuant to subparagraph (iii) of this paragraph, one thousand one hundred forty dollars; or  (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of educational fees) charged.  (2)  For  the  two  thousand  one--two  thousand two academic year and thereafter one hundred percent of the amount of  tuition  (exclusive  of educational fees).  (ii)  Except  for  students  as  noted  in  subparagraph (iii) of this paragraph, the base amount as determined in  subparagraph  (i)  of  this paragraph, shall be reduced in relation to income as follows:  Amount of income                    Schedule of reduction                                     of base amount  (A) Less than seven thousand        None     dollars (B) Seven thousand dollars or       Seven per centum of the excess     more, but less than eleven       over seven thousand dollars     thousand dollars  (iii)  For students who have been granted exclusion of parental income and were single with no dependent for income tax purposes during the tax year next preceding the academic year for which application is made, the base amount, as determined in subparagraph (i) of this paragraph,  shall be reduced in relation to income as follows:  Amount of income                    Schedule of reduction of                                     base amount  (A) Less than three thousand        None     dollars (B) Three thousand dollars or       Thirty-one per centum of the ex-     more, but not more than ten     cess over three thousand dollars     thousand dollars  (iv)  If  the  amount  of reduction is not a whole dollar, it shall be reduced to the next lowest whole dollar. In the case of any student  who has  received  four  or  more  payments  pursuant  to any and all awards provided for in this subdivision, for the two thousand--two thousand one academic year the base amount shall be  reduced  by  an  additional  one hundred  fifty  dollars  for  the  two  thousand  one--two  thousand two academic year and thereafter the base amount  shall  be  reduced  by  an additional one hundred dollars.  (v)  The  award  shall be the net amount of the base amount determined pursuant to subparagraph (i)  of  this  paragraph  reduced  pursuant  to subparagraph  (ii) or (iii) of this paragraph but the award shall not be reduced below one hundred dollars. If the  income  exceeds  the  maximum  amount  of  income  allowable  under  subparagraph (ii) or (iii) of this paragraph, no award shall be made.   c. Restrictions. In no even shall shall any award:  (i)  be made unless the annual tuition (exclusive of educational fees) and, if applicable, the college fee levied by the  state  university  of New  York  pursuant  to  the  April  first,  nineteen hundred sixty-four financing agreement with the New York state dormitory authority  charged for  the  program  in  which  the student is enrolled total at least two hundred dollars; or  (ii) exceed the amount by which  such  annual  tuition  (exclusive  of educational  fees)  and,  if  applicable,  the college fee levied by the state university of New York  pursuant  to  the  April  first,  nineteen hundred sixty-four financing agreement with the New York state dormitory authority  exceed  the  total  of  all  other  state,  federal, or other educational aid that is received or receivable by  such  student  during the  school  year  for  which  such award is applicable and that, in the judgment of the commissioner, would duplicate the purposes of the award; or  (iii) be made when income exceeds the maximum income set forth in this subdivision. The commissioner shall list in his  regulations  all  major state and federal financial aid available to New York state students and identify  any  forms  of aid that are duplicative of the purposes of the tuition assistance  program.  For  the  purposes  of  this  subdivision, neither United States war orphan educational benefits nor benefits under the  veterans'  readjustment  act of nineteen hundred sixty-six shall be considered as federal or other educational aid.