2023 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-two--two thousand twenty-three 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.