2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 13 - Higher Education Student Financial Aid Programs › 605 - Academic Performance Awards.

§ 605. Academic  performance  awards. 1. Regents college scholarships.
Regents college scholarships shall be  awarded  to  students  completing
their  high  school programs for attendance in approved programs, on the
basis of nationally established competitive examinations.
a. County allocation. Twenty-five thousand such scholarships shall  be
awarded  each year and shall be allocated to each county in the state in
the same ratio that the number of students residing in such  county  who
were graduated from approved high schools in the state during the school
year  preceding  the  date  of  the  examination  for  the award of such
scholarships bears to the total number of students residing in the state
who were graduated from approved high schools in the state  during  such
school  year;  provided,  that  no  county shall be allocated fewer than
forty scholarships, except that Hamilton county shall  be  allocated  no
fewer than sixteen scholarships. In the event that a scholarship awarded
pursuant  to  this  paragraph is declined by a student or for any reason
revoked by the commissioner or the president, its benefits  shall  lapse
and there shall be no further payment or reawarding of such scholarship.
b.  School allocation. If in any year the candidates who are graduates
of a given approved high  school  in  the  state  and  who  are  awarded
scholarships  under paragraph a of this subdivision do not constitute at
least one person for every forty persons who were  graduated  from  such
school  during the school year preceding the date of the examination for
the award of such scholarships, then additional  scholarships  shall  be
awarded  in  such year in the number required to provide such allocation
of  scholarship  awards  for  each  such  school,  and  such  additional
scholarships  shall  be  awarded  directly  to candidates from each such
school in accordance with the provisions of section six hundred  two  of
this  chapter.  In the event that a scholarship awarded pursuant to this
paragraph is declined by a student or for  any  reason  revoked  by  the
commissioner  or the president, its benefits shall lapse and there shall
be no further payment or reawarding of such scholarship.
2. Regents professional education  in  nursing  scholarships.  Regents
professional  education  in nursing scholarships shall be awarded on the
same basis as regents college scholarships to students completing  their
high  school  programs  for  attendance  in programs for the training of
registered professional nurses at colleges or schools  approved  by  the
regents.  Eight  hundred  such  scholarships shall be awarded each year.
Such scholarships shall be allocated to each county in the state in  the
same  ratio that the number of students residing in such county who were
graduated from approved high schools in the state during the school year
preceding the date of the examination for the award of such scholarships
bears to the total number of students residing in  the  state  who  were
graduated  from  approved  high  schools in the state during such school
year, provided, that no  county  shall  be  allocated  fewer  than  four
scholarships,  except  that  Fulton  and Hamilton counties shall each be
allocated no fewer than two scholarships;  provided,  however,  that  no
county  shall  be allocated fewer scholarships than such county received
during  the  year   nineteen   hundred   seventy-two--nineteen   hundred
seventy-three.
3.   Regents   professional   education   in   medicine  or  dentistry
scholarships.  Regents professional education in medicine  or  dentistry
scholarships  shall  be  awarded  annually,  on  a competitive basis, to
students beginning professional study  in  medicine  or  dentistry.  One
hundred  such  scholarships  shall  be  awarded  annually,  and shall be
classified  and  allocated  in  accordance  with  regents   rules.   The
provisions  of  this  subdivision  shall only apply to any recipient who
receives his or her first award payment prior to  the  nineteen  hundred
eighty-five--nineteen hundred eighty-six academic year.
3-a. Regents professional education in optometry scholarships. Regents
professional  education  in  optometry  scholarships  shall  be  awarded
annually, on a competitive basis,  to  students  beginning  professional
study  in optometry. Five such scholarships shall be awarded annually in
optometry,  and  shall  be  classified  and allocated in accordance with
regents rules. The provisions of this subdivision shall  only  apply  to
any  recipient  who receives his or her first award payment prior to the
nineteen hundred eighty-five--nineteen hundred eighty-six academic year.
3-b.   Regents   professional   education   in   veterinary   medicine
scholarships.    Regents  professional  education in veterinary medicine
scholarships shall be awarded  annually,  on  a  competitive  basis,  to
students  beginning  professional study in veterinary medicine. Ten such
scholarships shall be awarded annually in veterinary medicine, and shall
be classified and  allocated  in  accordance  with  regents  rules.  The
provisions  of  this  subdivision  shall only apply to any recipient who
receives his or her first award payment prior to  the  nineteen  hundred
eighty-five--nineteen hundred eighty-six academic year.
4. Regents physician shortage scholarships. At least thirty percent of
the regents professional education in medicine or dentistry scholarships
awarded  each  year shall be awarded to students beginning or engaged in
the professional study in medicine who agree to practice  medicine  upon
completion  of  their professional training in an area in New York state
designated as having a shortage of physicians, provided,  however,  that
to  the  extent  that  regents  physician  shortage scholarships are not
awarded, such scholarships shall  be  awarded  as  regents  professional
education in medicine and dentistry scholarships. The provisions of this
subdivision  shall  only  apply to any recipient who receives his or her
first award payment prior to the nineteen hundred  eighty-five--nineteen
hundred eighty-six academic year.
a.  In  selecting  and  certifying  scholarship  recipients under this
section, priority shall be  accorded  to  applicants  in  the  following
order:
(1)  first,  to  any  applicant  who  (1)  has  a family income of six
thousand dollars or less and (2) resides in an area designated as having
a shortage of physicians pursuant to paragraph c of this subdivision;
(2) second, to any applicant who has a family income of  six  thousand
dollars or less;
(3)  third,  to  any  applicant  who  (1)  has  a family income of ten
thousand dollars or less and (2) resides in an area designated as having
a shortage of physicians pursuant to paragraph c of this subdivision;
(4) fourth, to any applicant who has a family income of  ten  thousand
dollars or less;
(5) fifth, to any other applicant.
b.  With  respect to recipients who have received award payments prior
to  the  nineteen  hundred  eighty-two--nineteen  hundred   eighty-three
academic  year,  with  such time as the commissioner shall by regulation
provide, a recipient of an award shall have  practiced  medicine  in  an
area designated as having a shortage of physicians pursuant to paragraph
d   of  this  subdivision  for  that  number  of  months  calculated  by
multiplying by nine the number  of  annual  awards  he  received.  If  a
recipient fails to comply fully with such condition, the president shall
be  entitled  to  recover  from such recipient an amount which bears the
same ratio to (a) the aggregate of the amount of the awards received  as
(b)  the  number  of  months  the  recipient  failed to comply with this
condition bears to the number of months he was obligated to comply  with
this  condition,  together  with  interest  at  seven  percent per annum
computed from the date on which he completed his  professional  training
and/or  active  military  service.  A recipient shall not be required to

comply with the provisions  of  this  paragraph  unless  he  shall  have
received  a  medical  degree  and  any  obligation  to  comply with such
provisions shall be cancelled upon his death.  The  regents  shall  make
regulations  to  provide  for  the waiver or suspension of any financial
obligation where compliance would involve extreme hardship.
c. The requirements of this paragraph shall apply to any recipient who
receives his or her first award payment  commencing  with  the  nineteen
hundred  eighty-two--nineteen  hundred  eighty-three  academic  year  or
subsequently, and the requirements of paragraph (b) of this  subdivision
shall not apply to such recipients. Within such time as the commissioner
shall  by  regulation  provide,  a  recipient  of  an  award  shall have
practiced medicine in  an  area  designated  as  having  a  shortage  of
physicians pursuant to paragraph (d) of this subdivision for that number
of  months calculated by multiplying by nine the number of annual awards
received by the recipient. If a recipient fails  to  comply  fully  with
such  condition,  the  president  shall be entitled to recover from such
recipient an amount determined by the formula:
A = 2B (t-s)
t
in which "A" is the amount the president is entitled to recover; "B"  is
the  sum  of  all  awards paid to the recipient and the interest on such
amount which would be payable if at the times such awards were paid they
were loans bearing interest at the maximum prevailing rate; "t"  is  the
total  number of months in the recipient's period of obligated services;
and "s" is the number of months of  service  actually  rendered  by  the
recipient.  Any  amount which the president is entitled to recover under
this paragraph shall be paid within the one year period beginning on the
date that  the  recipient  failed  to  comply  with  this  condition.  A
recipient  shall  not  be required to comply with the provisions of this
paragraph unless he or she shall have  received  a  medical  degree  and
until  he  or she shall have completed his or her professional training,
or active military service, or both. Any obligation to comply with  such
provisions  shall  be  cancelled  upon  the  death of the recipient. The
commissioner shall  make  regulations  to  provide  for  the  waiver  or
suspension  of  any  financial obligation where compliance would involve
extreme hardship.
d. The regents, after consultation with the  commissioner  of  health,
shall  designate  those areas of New York state which have a shortage of
physicians for the purposes  of  this  subdivision  and,  should  it  be
necessary  in  selecting  among  the  applicants, may establish relative
rankings of those areas.
e. A recipient of an award shall report annually to the New York state
higher education services corporation, on forms prescribed by it, as  to
the  performance  of  the  required  services or the recipient's current
status, commencing the calendar year following graduation  from  medical
school and continuing until the recipient shall have completed, or it is
determined  he  or  she shall not be obligated to complete, the required
services. The corporation may also require recipient to file a report on
his or her current status prior to graduation during any  calendar  year
in  which  an  application  for an additional award is not filed. If the
recipient shall fail to file any report required hereunder within thirty
days of written notice to the recipient, mailed to the address shown  on
the  last  application  for  an award or last report filed, whichever is
later, the president of the corporation may impose a fine of up  to  one
thousand  dollars.  The president shall have the discretion to waive the
filing of a report, excuse a delay in filing, or a  failure  to  file  a
report, or waive or reduce any fine imposed for good cause shown.
5. Regents scholarships for war veterans. Regents scholarships for war
veterans  shall  be  awarded on a competitive basis, for study beginning
with the college year nineteen  hundred  seventy-five--nineteen  hundred
seventy-six. Six hundred such scholarships shall be awarded in such year
to  veterans of the armed forces of the United States who have served on
active duty (other than for  training)  between  October  one,  nineteen
hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
and  who  on the date by which applications are required to be submitted
(a) have been released from such active duty  on  conditions  not  other
than  honorable,  or  (b)  have  a  qualifying  condition, as defined in
section one of the veterans' services law, and have received a discharge
other than bad conduct or dishonorable from such  service,  or  (c)  are
discharged  LGBT  veterans,  as  defined in section one of the veterans'
services law, and have received a discharge other than  bad  conduct  or
dishonorable  from such service. Such scholarships shall be allocated to
each county in the state in the same ratio  that  the  number  of  legal
residents  in  such  county,  as  determined  by the most recent federal
census, bears to the total number of residents in the  state;  provided,
however,  that no county shall be allocated fewer scholarships than such
county     received     during     the     year     nineteen     hundred
sixty-eight--sixty-nine.
6.  Regents  scholarships  in  Cornell  University. a. Number. Cornell
University  shall  grant,  on  a  competitive  basis,  tuition  reducing
scholarships, to be known as regents scholarships in Cornell University,
in  the  total  amount of at least thirty thousand dollars each year for
new freshman awards. At least one  such  scholarship  shall  be  awarded
annually for each senate district of the state.
b.  Amount.  Each  such  scholarship  shall entitle the recipient to a
credit against tuition in any of the tuition paying divisions of Cornell
University for four years or five years,  depending  on  the  number  of
years  required  for the baccalaureate. The tuition credit for each such
scholarship shall be determined by Cornell University on  the  basis  of
the financial status of the scholarship holder as related to the cost of
education  at  such  university.  No  such  scholarship shall reduce the
tuition by less than one hundred dollars nor by more than  one  thousand
dollars.
c.  Eligible  list.  Such  scholarships  shall  be awarded annually by
Cornell University in the order of merit  to  candidates  who  meet  the
requirements  for admission to Cornell University and whose names appear
on lists established as the result of competitive examinations  prepared
under  the  direction  of the commissioner of education. In the award of
such scholarships, preference shall be given, where other qualifications
are equal, to the children of  those  who  have  died  in  the  military
service of the United States.
d.  Statewide  list.  If  a scholarship belonging to a senate district
shall not be claimed by a resident thereof or if there be no resident of
such senate district entitled to such a scholarship, any  sum  available
for a scholarship or scholarships for residents of such senate district,
together  with  any  unexpended  balance  of  the total amount of thirty
thousand dollars, shall be used to make awards to additional  candidates
in order of merit from a statewide list.
e.  Report.  A  complete  list  of  the  names  and  addresses  of the
scholarship recipients, and the amount  of  tuition  credit  granted  to
them, shall be filed by Cornell University with the commissioner and the
president not later than October first of each year.
7.  Empire  state  challenger  scholarships for teachers. Empire state
challenger scholarships for prospective elementary and secondary  school
teachers  of  mathematics or science or other fields of teacher shortage

as identified by the commissioner on or after  January  first,  nineteen
hundred   eighty-six,  shall  be  awarded  on  a  competitive  basis  as
determined by the commissioner, for study  beginning  with  the  college
year   nineteen   hundred  eighty-four--eighty-five  or  thereafter.  a.
Twenty-six such scholarships shall be awarded annually to  residents  of
each  judicial  district  as defined in section one hundred forty of the
judiciary law, who enroll in a registered program for the preparation of
teachers in such teacher shortage fields at any New York institution  of
higher  education.  The  commissioner  shall  to  the extent practicable
ensure that recipients of such scholarships include individuals who  are
unrepresented or underrepresented in the respective disciplines.
b.  Within  such  time as the commissioner by regulations provide, the
recipient of an award shall have taught in the field or fields for which
the scholarship was awarded in an elementary or secondary school in  New
York  state  for that number of months calculated by multiplying by five
the number of annual awards granted  to  the  recipient  except  that  a
recipient  who  as  of  July  first,  nineteen  hundred ninety-three has
received fewer than three  annual  awards  shall  be  exempt  from  such
conditions.  If  a  recipient fails to comply fully with such condition,
the president shall be entitled to recover from such recipient an amount
which bears the same ratio to (i) the aggregate of  the  amount  of  the
awards  received  as  (ii)  the number of months the recipient failed to
comply with this condition bears to the number of months  the  recipient
was  obligated  to comply with this condition, together with interest at
ten percent per annum computed from the  date  on  which  the  recipient
completed  professional  training.  Such  recovery may be made over such
period of time as is prescribed by  the  president.  Any  obligation  to
comply  with  such  provisions  shall  be cancelled upon the recipient's
death. The commissioner shall  adopt  regulations  to  provide  for  the
waiver  or  suspension  of  any financial obligation in whole or in part
where compliance would involve severe hardship. In  determining  whether
to  grant  such  waiver  or  suspension,  the  commissioner may consider
whether the recipient failed to complete the registered program for  the
preparation  of  teachers  or  completed  such  program  under financial
hardship by reason of the discontinuance of funding  for  the  award  of
scholarships pursuant to this subdivision.
7-a. New York state math and science teaching incentive program awards
pursuant to section six hundred sixty-nine-d of this title.
8.  Empire  state challenger fellowships for teachers.  a. Six hundred
fifty Empire state challenger fellowships shall be awarded  annually  in
accordance  with  paragraphs  b,  c  and  d  of  this  subdivision  on a
competitive basis as  determined  by  the  commissioner  to  individuals
enrolled in a registered graduate program in any New York institution of
higher  education which leads to permanent certification as a teacher of
mathematics or science or other fields of teacher shortage as identified
by  the  commissioner  on  or  after  January  first,  nineteen  hundred
eighty-six. The commissioner shall to the extent practicable ensure that
recipients of such fellowships include individuals who are unrepresented
or underrepresented in the respective disciplines.
b.  A  maximum of twenty-five fellowships for full-time study shall be
reserved for teachers whose positions have  been  abolished  within  two
years  preceding  the  date of application for a fellowship because of a
decline in student enrollment and who are qualified to  pursue  graduate
study  to  obtain certification to teach mathematics or science or other
fields of teacher shortage as identified by the commissioner on or after
January first, nineteen hundred eighty-six.
c. A maximum of four hundred  twenty-five  fellowships  for  full-time
study  shall  be  reserved for individuals who have earned baccalaureate

degrees in mathematics, the physical sciences, the biological  sciences,
engineering  or  other disciplines related to fields of teacher shortage
as identified by the commissioner on or after  January  first,  nineteen
hundred  eighty-six  but  are  not eligible for provisional or permanent
certification, and who are qualified  to  pursue  graduate  study  in  a
program  leading  to  the  degree  of master of arts in teaching, or the
equivalent as determined by the commissioner.
d. Not less than two hundred fellowships for part-time study shall  be
made  available  to  persons  not  receiving  a  fellowship  reserved in
paragraphs b and c of this subdivision. In  the  event  that  there  are
full-time  fellowships  reserved under such paragraphs b and c that have
not  been  awarded  after  awards  have  been  made  for  all  qualified
applicants,  such  excess  number  of fellowships shall be available for
award as part-time fellowships pursuant to this paragraph.
e. Within such time as the commissioner shall by regulation provide, a
recipient of an award shall have taught in the field or fields for which
the fellowship was awarded in an elementary or secondary school  in  New
York  state  for  ten months for a full-time award or for that number of
months calculated by multiplying by five the number of part-time  awards
granted to the recipient. If a recipient fails to comply fully with such
condition,  the  president  shall  be  entitled  to  recover  from  such
recipient an amount which bears the same ratio to (i) the  aggregate  of
the  amount  of  the  awards  received  as (ii) the number of months the
recipient failed to comply with this condition bears to  the  number  of
months  the  recipient  was  obligated  to  comply  with this condition,
together with interest at ten percent per annum computed from  the  date
on  which  the  recipient completed professional training. Such recovery
may be made over such period of time as is prescribed by the  president.
Any  obligation  to  comply with such provisions shall be cancelled upon
the recipient's  death.  The  commissioner  shall  have  regulations  to
provide  for  the  waiver  or  suspension of any financial obligation in
whole or part under this  subdivision  where  compliance  would  involve
extreme  hardship.  In  determining  whether  to  grant  such  waiver or
suspension, the commissioner may consider whether the  recipient  failed
to  complete  the  registered  graduate  program  leading  to  permanent
certification as a teacher or completed  such  program  under  financial
hardship  by  reason  of  the discontinuance of funding for the award of
fellowships pursuant to this subdivision.
9. Regents physician loan forgiveness program. Regents physician  loan
forgiveness  awards shall be awarded annually to physicians who agree to
practice medicine in an area of New York state designated by the regents
as having a shortage of physicians. Such awards shall be classified  and
allocated in accordance with regents rules.
a. Eligibility. (1) The applicant must be a resident of New York state
and licensed to practice medicine.
(2) The applicant must have completed a professional residency program
within  the  five  years  immediately preceding the period for which the
first award would be granted, or be within two years of completion of an
accredited residency program in a primary care specialty  designated  in
short supply by the board of regents.
(3)  The  applicant  must agree to practice medicine in an area in New
York state designated as having a shortage of physicians.  The  regents,
after  consultation  with  the  commissioners of health, corrections and
community supervision, mental  health  and  developmental  disabilities,
shall  designate  those  regions  and facilities of New York state which
have a shortage of physicians for  the  purposes  of  this  section  and
establish relative rankings thereof.
b.  Selection. The commissioner, in consultation with the commissioner
of health, shall establish criteria for the selection of participants in
the program. An applicant must satisfy at  least  one  of  the  criteria
established.  A  priority  shall  be  accorded  to  any applicant who is
completing  the second year of the service requirement and is reapplying
for a new award. The criteria shall include but not be  limited  to  the
following:
(i)  reapplication  for  a new award by a person who is completing the
second year of a service requirement;
(ii) receipt of specific training  in  a  primary  care  specialty  or
obstetrics, determined by the regents to be in short supply;
(iii) receipt of specific training or experience in serving a shortage
area;
(iv)  receipt  of  specific training or experience matching a specific
medical need existing in a shortage area; and
(v) agreement pursuant to subdivision (d) of this section to  practice
in  an  area  determined  by  the  regents  to have a severe shortage of
primary care physician services.
c. Notification. (1) The  commissioner  shall  then  forward  approved
applications to the president and shall notify unsuccessful applicants;
(2) The president shall verify the approved applicants':
(i) eligibility; and
(ii) total undergraduate and medical school student expense;
(3) The president shall notify applicants of their award entitlement.
d.  Service requirement. Within such time as the commissioner shall by
regulation provide, a  recipient  of  an  award  shall  have  agreed  to
practice  medicine in a specific area designated as having a shortage of
physicians for a period of twelve months for each annual payment  to  be
received  by  the recipient. Physicians in training who receive an award
shall not receive credit toward their required service for time spent in
a training program. In no case shall  the  total  number  of  months  of
service  required  be  less  than  twenty-four.  The president shall, in
consultation with the commissioner, develop and secure from  each  award
recipient, a written agreement to:
(i) practice medicine in the designated shortage area;
(ii) to accept Medicare and Medicaid payments; and
(iii)  to provide thirty-five hours per week of direct patient care in
the  designated  shortage  area  being  served,  or  to  the  designated
population being served.
If a recipient fails to comply fully with such conditions, the president
shall  be  entitled  to  receive  from  such  recipient  an amount to be
determined by the formula:
A = 2B (t-s)
---
t
in which "A" is the amount the president is entitled to recover; "B"  is
the  sum  of all payments made to the recipient and the interest on such
amount which would be payable if at the times such awards were paid they
were loans bearing interest at the maximum prevailing rate; "t"  is  the
total  number of months in the recipient's period of obligated services;
and "s" is the number of months of  service  actually  rendered  by  the
recipient.  Any  amount which the president is entitled to recover under
this paragraph shall be paid within the five-year  period  beginning  on
the  date  that  the  recipient  failed  to  comply  with  this  service
condition. Nothing in the written agreement shall affect  the  terms  of
employment  of  the  individual  who shall negotiate, separate and apart
from the program, his or her salary and other forms of  employment  with

an  agency,  institution  or  a  program  in  which  he  or she shall be
employed.
Any  obligation  to  comply  with  such provisions as outlined in this
section shall  be  cancelled  upon  the  death  of  the  recipient.  The
commissioner  shall  make  regulations  to  provide  for  the  waiver or
suspension of any  financial  obligation  which  would  involve  extreme
hardship.
e. Reporting. A recipient of an award shall report annually to the New
York  state higher education services corporation, and the department of
health on forms prescribed by the president, as to  the  performance  of
the  required  services,  commencing with the calendar year in which the
recipient begins to practice medicine in a shortage area and  continuing
until the recipient shall have completed, or it is determined that he or
she  shall  not  be obligated to complete, the required services. If the
recipient shall fail to file any report required hereunder within thirty
days of written notice to the recipient, mailed to the address shown  on
the  last  application  for  an award or last report filed, whichever is
later, the president of the corporation may impose a fine of up  to  one
thousand  dollars.  The president shall have the discretion to waive the
filing of a report, excuse a delay in filing or  a  failure  to  file  a
report, or waive or reduce any fine imposed for good cause shown.
f.  Other  awards. Award recipients shall be eligible to apply for one
additional award.
* 10.  Regents  health  care  professional  opportunity  scholarships.
Regents  health  care  professional  opportunity  scholarships  shall be
awarded annually to students who are beginning or engaged in an approved
program in medicine or dentistry and who are economically  disadvantaged
and/or members of an underrepresented minority group, provided, however,
that  to  the  extent  that regents health care professional opportunity
scholarships are not awarded, such  scholarships  shall  be  awarded  as
regents  professional opportunity scholarships. These scholarships shall
be classified and allocated in accordance with regents rules.
a. In selecting  and  certifying  scholarship  recipients  under  this
subdivision,  priority  shall be accorded to applicants in the following
order:
(1) First, to any  applicant  who  is  economically  disadvantaged  as
defined  by  the regents and a minority historically underrepresented in
the profession as determined by the regents after consultation with  the
council  on  professional  career  opportunity  created  by section nine
hundred forty-one of the executive law;
(2) Second, to any applicant who is a minority underrepresented in the
profession as determined by the  regents  after  consultation  with  the
council  on  professional  career  opportunity  created  by section nine
hundred forty-one of the executive law;
(3) Third, to any applicant who is a graduate of  the  state-sponsored
opportunity  program pursuant to section sixty-four hundred fifty-one or
sixty-four hundred fifty-two of this chapter.
In the event that there are more applicants who have the same priority
than there are remaining scholarships, the commissioner shall distribute
the remaining number of such scholarships by means of a lottery or other
form of random selection.
b. The commissioner shall then forward approved  applications  to  the
president and shall notify unsuccessful applicants.
c. The president shall notify applicants of their award entitlement.
d. The president shall, in consultation with the commissioner, develop
and  secure  from  each  successful  applicant  a  written  agreement to
practice medicine or dentistry, as appropriate, in a designated shortage
area. Within such time as the commissioner shall by regulation  provide,

a recipient of an award shall have practiced medicine or dentistry in an
area  designated  as  having  a  shortage  of physicians or dentists, as
appropriate, for that number of  months  calculated  by  multiplying  by
twelve  the  number  of annual payments received by the recipient. In no
case shall the total number of months of service required be  less  than
twenty-four.  If a recipient fails to comply fully with such conditions,
the president shall be entitled to receive from such recipient an amount
to be determined by the formula:
A = 2B (t-s)
---
t
in which "A" is the amount the president is entitled to recover; "B"  is
the  sum  of all payments made to the recipient and the interest on such
amount which would be payable if at the times such awards were paid they
were loans bearing interest at the maximum prevailing rate; "t"  is  the
total  number of months in the recipient's period of obligated services;
and "s" is the number of months of  service  actually  rendered  by  the
recipient.  Any  amount which the president is entitled to recover under
this paragraph shall be paid within the five-year  period  beginning  on
the  date  that  the  recipient  failed  to  comply  with  this  service
condition. Nothing in the written agreement shall affect  the  terms  of
employment  of  the  individual  who shall negotiate, separate and apart
from the program, his or her salary and other forms of  employment  with
an  agency,  institution  or  a  program  in  which  he  or she shall be
employed.
Any obligation to comply with such  provisions  as  outlined  in  this
section  shall  be  cancelled  upon  the  death  of  the  recipient. The
commissioner shall  make  regulations  to  provide  for  the  waiver  or
suspension  of  any  financial  obligation  which  would involve extreme
hardship.
e. A recipient of an award shall report annually to the New York state
higher education services corporation, on forms prescribed by it, as  to
the  performance  of the required services, commencing with the calendar
year in which the recipient begins to practice medicine or dentistry  in
a shortage area and continuing until the recipient shall have completed,
or  it  is determined that he or she shall not be obligated to complete,
the required services. If the recipient shall fail to  file  any  report
required   hereunder  within  thirty  days  of  written  notice  to  the
recipient, mailed to the address shown on the last  application  for  an
award  or  last  report  filed, whichever is later, the president of the
corporation may impose a  fine  of  up  to  one  thousand  dollars.  The
president  shall  have  the  discretion to waive the filing of a report,
excuse a delay in filing or a failure to file  a  report,  or  waive  or
reduce any fine imposed for good cause shown.
* NB Scholarship terminated per ch. 31/85, as amended
* 11.   Regents  professional  opportunity  scholarships.  a.  Regents
professional opportunity  scholarships  shall  be  awarded  annually  to
students  who are beginning or engaged in an approved program leading to
a degree in  a  profession  licensed  by  the  regents  or  other  field
designated  by the regents and who are economically disadvantaged and/or
members of an underrepresented minority group. Such  scholarships  shall
be  classified  and  allocated  in  accordance  with  regents  rules. In
selecting and certifying scholarship recipients under this  subdivision,
priority shall be accorded to applicants in the following order:
(1)  First,  to  any  applicant  who  is economically disadvantaged as
defined by the regents and a minority historically  underrepresented  in
the  profession or field as determined by the regents after consultation

with the council on professional career opportunity created  by  section
nine hundred forty-one of the executive law;
(2) Second, to any applicant who is a minority underrepresented in the
profession  or  field  determined by the regents after consultation with
the council on professional career opportunity created by  section  nine
hundred forty-one of the executive law;
(3) Third, to any applicant who is enrolled in or is a graduate of the
state-sponsored  opportunity  program  pursuant  to  section  sixty-four
hundred fifty-one or sixty-four hundred fifty-two of this chapter.
In the event that there are more applicants who have the same priority
than there are remaining scholarships, the commissioner shall distribute
the remaining number of such scholarships by means of a lottery or other
form of random selection.
b. The commissioner shall then forward approved  applications  to  the
president and shall notify unsuccessful applicants.
c. The president shall notify applicants of their award entitlement.
d. Within such time as the commissioner shall by regulation provide, a
recipient  of  an  award  shall  have  resided  and  been  employed in a
profession or field designated by the regents in New York state for that
number of months calculated by  multiplying  by  twelve  the  number  of
annual  awards received by the recipient. If a recipient fails to comply
fully with such condition, the state shall be entitled to  recover  from
such recipient an amount determined by the formula:
A = 2B (t-s)
---
t
in  which "A" is the amount the president is entitled to recover; "B" is
the sum of all awards paid to the recipient and  the  interest  on  such
amount which would be payable if at the times such awards were paid they
were  loans  bearing interest at the maximum prevailing rate; "t" is the
total number of months in the recipient's period of obligated  services;
and  "s"  is  the  number  of months of service actually rendered by the
recipient. Any amount which the president is entitled to  recover  under
this  paragraph  shall  be paid within the five-year period beginning on
the  date  that  the  recipient  failed  to  comply  with  this  service
condition.  Nothing  in  the written agreement shall affect the terms of
employment of the individual who shall  negotiate,  separate  and  apart
from the program, his or her salary and other forms of employment.
Any  obligation  to  comply  with  such provisions as outlined in this
section shall  be  cancelled  upon  the  death  of  the  recipient.  The
commissioner  shall  make  regulations  to  provide  for  the  waiver or
suspension of any  financial  obligation  which  would  involve  extreme
hardship.
e. A recipient of an award shall report annually to the New York state
higher  education services corporation, on forms prescribed by it, as to
the performance of the required services, until the recipient shall have
completed, or it is determined that he or she shall not be obligated  to
complete, the required services. If the recipient shall fail to file any
report  required  hereunder  within thirty days of written notice to the
recipient, mailed to the address shown on the last  application  for  an
award  or  last  report  filed, whichever is later, the president of the
corporation may impose a  fine  of  up  to  one  thousand  dollars.  The
president  shall  have  the  discretion to waive the filing of a report,
excuse a delay in filing or a failure to file  a  report,  or  waive  or
reduce any fine imposed for good cause shown.
* NB Scholarship terminated per ch. 31/85, as amended
12. Empire state scholarships of excellence. One thousand empire state
scholarships  of  excellence  shall be awarded each year, beginning with

the nineteen hundred eighty-six--nineteen hundred eighty-seven  academic
year  to  students  completing  their  high  school programs who in each
county  receive  the  highest  scores  on  the  nationally   established
competitive examinations upon which the regents college scholarships are
based. The awarded scholarships shall be allocated to each county in the
state  in  the  same  ratio that the number of students residing in such
county who were graduated from approved high schools in the state during
the school year preceding the date of the examination for the  award  of
such  scholarships bears to the total number of students residing in the
state who were graduates from approved high schools in the state  during
such  school  year  provided that no county shall be allocated less than
two scholarships, except Hamilton county which  shall  be  allocated  no
less  than  one  scholarship.  In  the  event that a scholarship awarded
pursuant to this subdivision is declined  by  a  student,  or,  for  any
reason,  is  revoked  by the commissioner or the president, its benefits
shall lapse and there shall be no further payment or reawarding of  such
scholarship.