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 › 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
* NB Effective until July 1, 2024
* (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 one     plus twelve per centum of
hundred twenty-five             excess over eighteen
thousand dollars                 thousand dollars
* NB Effective July 1, 2024
* (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
* NB Effective until July 1, 2024
* (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 thirty  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 sixty   plus twelve per centum of
thousand dollars                excess over eighteen
thousand dollars
* NB Effective July 1, 2024
(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.
* NB Effective until July 1, 2024
* (vi)  For  the  two  thousand  two--two  thousand  three through two
thousand twenty-three--twenty-four academic years, 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.
* NB Effective July 1, 2024
* (vii) For the two  thousand  twenty-four--two  thousand  twenty-five
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 one thousand dollars.
* NB Effective July 1, 2024
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.