Relates to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7431
SPONSOR: Moya TITLE OF BILL: An act to amend the education law, in relation to
tuition assistance program awards for graduate students; and in relation
to eligibility requirements and conditions governing general awards,
academic performance awards and student loans; eligibility requirements
for assistance under the higher education opportunity programs and the
collegiate science and technology entry program; financial aid opportu-
nities for students of the state university of New York, the city
university of New York and community colleges; and the program require-
ments for the New York state college choice tuition savings program; and
to repeal subdivision 3 of section 661 of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the education law, in relation to tuition assistance
program awards for graduate students; and in relation to eligibility
requirements and conditions governing general awards, academic perform-
ance awards and student loans; eligibility requirements for assistance
under higher education opportunity programs and the collegiate science
and technology entry program; financial aid opportunities for students
of the state university of New York, the city university of New York and
community colleges, and the program requirements for the New York state
college choice tuition savings program; and to repeal subdivision 3 of
section 661 of such law relating thereto.
SUMMARY OF PROVISIONS:
§ 1 ii. 17')) - Increases income amount from $80,000 to 100,000 for
reduction bracket
§ 2 - Adjusts amounts received for students first receiving aid starting
in 2017-18 to and after to $6,470
§ 3-4 - Adjusts amounts received for students first receiving aid before
200102 for technical purposes.
§ 5 - Amends duration limits for TAP eligibility to include graduate
students, limiting eligibility to no more than four academic terms, no
more than one degree, and no more than eight years. in combined under-
grad and graduate years.
§ 6 - Sets base amount of graduate tuition assistance at $550 or 100% of
the amount of tuition charged, whichever is lower; Establishes reduction
of base amount based on income.
§ 7 - Adjusts income used for determining tuition assistance by dividing
it by the number of specified persons in full-time attendance in an
approved program. § 8- § 10 - Technical addition of "graduate" students
in relevant provisions.
§ 11 - Repeals Subdivision 3 of section. 661 of the education law.
§ 12 - Amends language to include eligibility for non-legal residents of
the state who are United States citizens, a permanent lawful. resident,
a lawful non-immigrant alien or an applicant without lawful immigration
status provided that they attended a registered New York state high
school for two or more years and graduated, and applied for attendance
at the institution of higher education for which the award is sought
within five years of graduating - OR - attended a New York state
program. for a state high school equivalency diploma, received it, and
applied within five years after receiving it - OR - is otherwise eligi-
ble for the payment of tuition and fees at a rate no greater than
imposed for resident students of the state university of New York, the
city university of New York, or community colleges as prescribed.
Students also required to file an affidavit with such institution of
higher education stating that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.
§ 13 - Establishes eligibility for graduate students receiving awards
identical to § 12, except for increasing eligibility from 5 years to 10
years after receiving high school diploma or high school diploma equiv-
alent.
§ 14 - determines geographic eligibility.
§ 16 - § 18 - Reduces payment of tuition and other fees and charges by
state-aided programs, scholarships, or other financial assistance
awarded under specified provisions.
§ 19 - § 20 - Amends provisions to include "United States citizens, a
permanent lawful resident, a lawful non-immigrant alien or an applicant
without lawful immigration status as prescribed in previous section.
§ 21 - § 22 - Amends eligibility for Undergraduate and Graduate science
and technology entry program moneys to United States citizens, a perma-
nent lawful resident, a lawful non-immigrant alien or an applicant with-
out lawful immigration status, identical to previous § requirements.
§ 23 - § 24 - Amends education law to allow individual taxpayer iden-
tification number for identification purposes.
§ 25 - Directs president of the higher education services corporation,
in consultation with the commissioner of education, to establish appli-
cation form ant procedures that shall allow a student applicant meeting
the requirements, and have such applications sent directly to the higher
education. services corporation or education department. for applicable
awards without having to submit information to any other state or feder-
al agency. Al information contained in the applications shall be deemed
confidential.
§ 26 - Establishes when this act shall take effect.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
College tuition has sharply risen in recent years, and the student debt
crisis has hampered graduates ability to succeed once leaving the
university. The average annual increase in college tuition from
1980-2014 grew by nearly 260%.
The Tuition Assistance Program (TAP) has nowhere near scaled with these
rising costs, leaving students to pay more for their education and ulti-
mately forcing them to be encumbered by more debt.
New York must do its part to address the student debt crisis. However,
in increasing financial aid, New York should also increase access by no
longer restricting undocumented students from applying for financial
aid. These students came here through no fault of their own, often too
young to have known anywhere else than New York as home. While undocu-
mented students already have access to primary and secondary public
education, they're left without support at the most critical juncture of
their education. This bill would expand access to students without
lawful immigration status to qualify for TAP under specific conditions.
To keep up with the costs of higher education, this bill would increase
the base amount allotted from $5,165 to $6,470 for any students begin-
ning to receive aid in 2017-18 and thereafter.
Additionally, students with an undergraduate degree are more than ever
expected to pursue graduate studies to remain competitive i.n the job
market. Today's masters or professional degrees are the equivalent of
bachelor's degree a decade prior. This bill creates a tuition aid
program for graduate students, including undocumented students. Final-
ly, this bill seeks to expand access to science and technology entry
monies for eligible undergraduate and graduate programs to undocumented
students. These are the fields country forward and will keep our nation
competitive on the world stage; the careers of today and tomorrow
require these skills, and we should encourage anyone with the interest
in or affinity for science and technology to pursue these programs.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Not Available.
EFFECTIVE DATE:
This act shall take effect July 1, 2017; provided, however, that any
rule or regulation necessary for the timely implementation of this act
on its effective date shall be promulgated on or before such effective
date; and provided, further, that if chapter 494 of the laws of 2016
shall not have taken effect on or before such date then section. nine-
teen-a of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2016 takes effect.
STATE OF NEW YORK
________________________________________________________________________
7431
2017-2018 Regular Sessions
IN ASSEMBLY
April 25, 2017
___________
Introduced by M. of A. MOYA -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to tuition assistance
program awards for graduate students; and in relation to eligibility
requirements and conditions governing general awards, academic
performance awards and student loans; eligibility requirements for
assistance under the higher education opportunity programs and the
collegiate science and technology entry program; financial aid oppor-
tunities for students of the state university of New York, the city
university of New York and community colleges; and the program
requirements for the New York state college choice tuition savings
program; and to repeal subdivision 3 of section 661 of such law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph a of subdivision 3 of
2 section 667 of the education law, as amended by section 1 of part B of
3 chapter 60 of the laws of 2000, is amended to read as follows:
4 (ii) Except for students as noted in subparagraph (iii) of this para-
5 graph, the base amount as determined from subparagraph (i) of this para-
6 graph, shall be reduced in relation to income as follows:
7 Amount of income Schedule of reduction
8 of base amount
9 (A) Less than seven thousand None
10 dollars
11 (B) Seven thousand dollars or Seven per centum of excess
12 more, but less than eleven over seven thousand dollars
13 thousand dollars
14 (C) Eleven thousand dollars or Two hundred eighty dollars
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09831-01-7
A. 7431 2
1 more, but less than eighteen plus ten per centum of excess
2 thousand dollars over eleven thousand dollars
3 (D) Eighteen thousand dollars or Nine hundred eighty dollars
4 more, but not more than plus twelve per centum of
5 [eighty] one hundred excess over eighteen
6 thousand dollars thousand dollars
7 § 2. Subitem (c) of item 1 of clause (A) of subparagraph (i) of para-
8 graph a of subdivision 3 of section 667 of the education law, as amended
9 by section 1 of part U of chapter 56 of the laws of 2014, is amended to
10 read as follows:
11 (c) For students first receiving aid in two thousand--two thousand one
12 and thereafter, five thousand dollars, except starting in two thousand
13 fourteen-two thousand fifteen and thereafter such students shall receive
14 five thousand one hundred sixty-five dollars and starting in two thou-
15 sand seventeen--two thousand eighteen and thereafter such students shall
16 receive six thousand four hundred seventy dollars; or
17 § 3. Subitem (a) of item 1 of clause (A) of subparagraph (i) of para-
18 graph a of subdivision 3 of section 667 of the education law, as amended
19 by section 2 of part U of chapter 56 of the laws of 2014, is amended to
20 read as follows:
21 (a) For students first receiving aid after nineteen hundred ninety-
22 three--nineteen hundred ninety-four and before two thousand--two thou-
23 sand one, [four thousand two hundred ninety] five thousand five hundred
24 ninety-five dollars; or
25 § 4. Subitem (b) of item 1 of clause (A) of subparagraph (i) of para-
26 graph a of subdivision 3 of section 667 of the education law, as amended
27 by section 3 of part U of chapter 56 of the laws of 2014, is amended to
28 read as follows:
29 (b) For students first receiving aid in nineteen hundred ninety-three-
30 -nineteen hundred ninety-four or earlier, [three thousand seven hundred
31 forty] five thousand forty-five dollars; or
32 § 5. Subdivision 2 of section 667 of the education law, as amended by
33 section 1 of part J of chapter 58 of the laws of 2011, is amended to
34 read as follows:
35 2. Duration. No undergraduate shall be eligible for more than four
36 academic years of study, or five academic years if the program of study
37 normally requires five years. Students enrolled in a program of remedial
38 study, approved by the commissioner in an institution of higher educa-
39 tion and intended to culminate in a degree in undergraduate study shall,
40 for purposes of this section, be considered as enrolled in a program of
41 study normally requiring five years. An undergraduate student enrolled
42 in an eligible two year program of study approved by the commissioner
43 shall be eligible for no more than three academic years of study. No
44 graduate student shall be eligible for more than four academic years of
45 study provided, however, that no graduate student shall be eligible for
46 more than one degree program at the master's, first professional or
47 doctorate level. No student shall be eligible for a total of more than
48 the equivalent of eight years of combined undergraduate and graduate
49 study. Any semester, quarter, or term of attendance during which a
50 student receives any award under this article, after the effective date
51 of the former scholar incentive program and prior to academic year nine-
52 teen hundred eighty-nine--nineteen hundred ninety, shall be counted
53 toward the maximum term of eligibility for tuition assistance under this
54 section, except that any semester, quarter or term of attendance during
55 which a student received an award pursuant to section six hundred
56 sixty-six of this subpart shall be counted as one-half of a semester,
A. 7431 3
1 quarter or term, as the case may be, toward the maximum term of eligi-
2 bility under this section. Any semester, quarter or term of attendance
3 during which a student received an award pursuant to section six hundred
4 sixty-seven-a of this subpart shall not be counted toward the maximum
5 term of eligibility under this section.
6 § 6. Paragraph c of subdivision 3 of section 667 of the education law,
7 as relettered by section 2 of part J of chapter 58 of the laws of 2011,
8 is relettered paragraph d and a new paragraph c is added to read as
9 follows:
10 c. Amount. The president shall make awards to graduate students in the
11 following amounts:
12 (i) For each year of graduate study, assistance shall be provided as
13 computed on the basis of the amount which is the lesser of the follow-
14 ing:
15 (A) Five hundred fifty dollars; or
16 (B) One hundred percent of the amount of tuition charged (exclusive of
17 educational fees).
18 (ii) Except for students as noted in subparagraph (iii) of this para-
19 graph, the base amount as determined in subparagraph (i) of this para-
20 graph, shall be reduced in relation to income as follows:
21 Amount of incomeSchedule of reduction of
22 base amount
23 (A) Less than two thousand dollarsNone
24 (B) Two thousand dollars or more, butSeven and seven-tenths
25 not more than twenty thousand dollarsper centum of the excess
26 over two
27 thousand dollars
28 (iii) For students who have been granted exclusion of parental income
29 and were single with no dependent for income tax purposes during the tax
30 year next preceding the academic year for which application is made, the
31 base amount as determined in subparagraph (i) of this paragraph, shall
32 be reduced in relation to income as follows:
33 Amount of incomeSchedule of reduction
34 of base amount
35 (A) Less than one thousand dollarsNone
36 (B) One thousand dollars or more,Twenty-six per centum of the
37 but not more than five thousandexcess over one
38 six hundred sixty-six dollarsthousand dollars
39 (iv) If the amount of reduction is not a whole dollar, it shall be
40 reduced to the next lowest whole dollar.
41 (v) The award shall be the net amount of the base amount determined
42 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
43 shall not be reduced below seventy-five dollars. If the income exceeds
44 the maximum amount of income allowable under subparagraph (ii) or (iii)
45 of this paragraph, no award shall be made.
46 § 7. Subdivision 5 of section 663 of the education law, as amended by
47 section 3 of part J of chapter 58 of the laws of 2011, is amended to
48 read as follows:
49 5. Adjustments of income. a. Except for purposes of paragraphs a and
50 b of subdivision three of section six hundred sixty-seven of this part,
51 if, during the academic year in which the applicant will receive an
52 award, one or more of either the parents of the applicant or other
53 dependent children of such parents, the spouse of the applicant, or one
54 or more dependent children of the applicant, in addition to the appli-
55 cant, will be in full-time attendance in an approved program, the
56 combined net taxable income determined under subdivision one of this
A. 7431 4
1 section shall be divided by the total number of the aforesaid persons
2 (including the applicant) who will be in such attendance, and the
3 resulting quotient shall be deemed the applicable income in determining
4 the applicant's award for such academic year.
5 b. In the determination of income for purposes of paragraphs a and b
6 of subdivision three of section six hundred sixty-seven of this part if,
7 during the academic year in which the applicant will receive an award,
8 one of either the parents of the applicant or other dependent child of
9 such parents, the spouse of the applicant, or one or more dependent
10 children of the applicant, in addition to the applicant, will be in
11 full-time attendance in an approved program, the combined net taxable
12 income determined under subdivision one of this section shall be reduced
13 by three thousand dollars and an additional two thousand dollars for
14 each other such person additional to the aforesaid persons (including
15 the applicant) who will be in such attendance, and the resulting amount
16 shall be deemed the applicable income in determining the applicant's
17 award for the academic year.
18 § 8. Paragraph a of subdivision 3 of section 663 of the education law,
19 as amended by section 4 of part J of chapter 58 of the laws of 2011, is
20 amended to read as follows:
21 a. In determining the amount of an award for graduate and undergradu-
22 ate students, the income of the parents shall be excluded if the student
23 has been emancipated from his parents.
24 § 9. The opening paragraph of subparagraph 1 of paragraph b of subdi-
25 vision 3 of section 663 of the education law, as amended by section 5 of
26 part J of chapter 58 of the laws of 2011, is amended to read as follows:
27 The applicant is a student who was married on or before December thir-
28 ty-first of the calendar year prior to the beginning of the academic
29 year for which application is made or is an undergraduate student who
30 has reached the age of twenty-two on or before June thirtieth prior to
31 the academic year for which application is made or is a graduate
32 student, and who, during the calendar year next preceding the semester,
33 quarter or term of attendance for which application is made and at all
34 times subsequent thereto up to and including the entire period for which
35 application is made:
36 § 10. Paragraph d of subdivision 3 of section 663 of the education
37 law, as amended by section 6 of part J of chapter 58 of the laws of
38 2011, is amended to read as follows:
39 d. Any graduate or undergraduate student who was allowed to exclude
40 parental income pursuant to the provisions of subdivision three of
41 section six hundred three of this chapter as they existed prior to July
42 first, nineteen hundred seventy-four may continue to exclude such income
43 for so long as he continues to comply with such provisions.
44 § 11. Subdivision 3 of section 661 of the education law is REPEALED.
45 § 12. Paragraph a of subdivision 5 of section 661 of the education
46 law, as amended by chapter 466 of the laws of 1977, is amended to read
47 as follows:
48 a. (i) Except as provided in subdivision two of section six hundred
49 seventy-four of this part and subparagraph (ii) of this paragraph, an
50 applicant for an award at the undergraduate level of study must either
51 [(i)] (a) have been a legal resident of the state for at least one year
52 immediately preceding the beginning of the semester, quarter or term of
53 attendance for which application for assistance is made, or [(ii)] (b)
54 be a legal resident of the state and have been a legal resident during
55 his last two semesters of high school either prior to graduation, or
56 prior to admission to college. Provided further that persons shall be
A. 7431 5
1 eligible to receive awards under section six hundred sixty-eight or
2 section six hundred sixty-nine of this part who are currently legal
3 residents of the state and are otherwise qualified.
4 (ii) An applicant who is not a legal resident of the state eligible
5 pursuant to subparagraph (i) of this paragraph, but is a United States
6 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
7 applicant without lawful immigration status shall be eligible for an
8 award at the undergraduate level of study provided that the student:
9 (a) attended a registered New York state high school for two or more
10 years, graduated from a registered New York state high school and
11 applied for attendance at the institution of higher education for the
12 undergraduate study for which an award is sought within five years of
13 receiving a New York state high school diploma; or
14 (b) attended an approved New York state program for a state high
15 school equivalency diploma, received a state high school equivalency
16 diploma and applied for attendance at the institution of higher educa-
17 tion for the undergraduate study for which an award is sought within
18 five years of receiving a state high school equivalency diploma; or
19 (c) is otherwise eligible for the payment of tuition and fees at a
20 rate no greater than that imposed for resident students of the state
21 university of New York, the city university of New York or community
22 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
23 sion two of section three hundred fifty-five or paragraph (a) of subdi-
24 vision seven of section sixty-two hundred six of this chapter.
25 Provided, further, that a student without lawful immigration status
26 shall also be required to file an affidavit with such institution of
27 higher education stating that the student has filed an application to
28 legalize his or her immigration status, or will file such an application
29 as soon as he or she is eligible to do so.
30 § 13. Paragraph b of subdivision 5 of section 661 of the education
31 law, as amended by chapter 466 of the laws of 1977, is amended to read
32 as follows:
33 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this
34 paragraph, an applicant for an award at the graduate level of study must
35 either [(i)] (a) have been a legal resident of the state for at least
36 one year immediately preceding the beginning of the semester, quarter or
37 term of attendance for which application for assistance is made, or
38 [(ii)] (b) be a legal resident of the state and have been a legal resi-
39 dent during his last academic year of undergraduate study and have
40 continued to be a legal resident until matriculation in the graduate
41 program.
42 (ii) An applicant who is not a legal resident of the state eligible
43 pursuant to subparagraph (i) of this paragraph, but is a United States
44 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
45 applicant without lawful immigration status shall be eligible for an
46 award at the graduate level of study provided that the student:
47 (a) attended a registered approved New York state high school for two
48 or more years, graduated from a registered New York state high school
49 and applied for attendance at the institution of higher education for
50 the graduate study for which an award is sought within ten years of
51 receiving a New York state high school diploma; or
52 (b) attended an approved New York state program for a state high
53 school equivalency diploma, received a state high school equivalency
54 diploma and applied for attendance at the institution of higher educa-
55 tion for the graduate study for which an award is sought within ten
56 years of receiving a state high school equivalency diploma; or
A. 7431 6
1 (c) is otherwise eligible for the payment of tuition and fees at a
2 rate no greater than that imposed for resident students of the state
3 university of New York, the city university of New York or community
4 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
5 sion two of section three hundred fifty-five or paragraph (a) of subdi-
6 vision seven of section sixty-two hundred six of this chapter.
7 Provided, further, that a student without lawful immigration status
8 shall also be required to file an affidavit with such institution of
9 higher education stating that the student has filed an application to
10 legalize his or her immigration status, or will file such an application
11 as soon as he or she is eligible to do so.
12 § 14. Paragraph d of subdivision 5 of section 661 of the education
13 law, as amended by chapter 844 of the laws of 1975, is amended to read
14 as follows:
15 d. If an applicant for an award allocated on a geographic basis has
16 more than one residence in this state, his or her residence for the
17 purpose of this article shall be his or her place of actual residence
18 during the major part of the year while attending school, as determined
19 by the commissioner; and further provided that an applicant who does not
20 have a residence in this state and is eligible for an award pursuant to
21 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of
22 this subdivision shall be deemed to reside in the geographic area of the
23 institution of higher education in which he or she attends for purposes
24 of an award allocated on a geographic basis.
25 § 15. Paragraph e of subdivision 5 of section 661 of the education
26 law, as added by chapter 630 of the laws of 2005, is amended to read as
27 follows:
28 e. Notwithstanding any other provision of this article to the contra-
29 ry, the New York state [residency] eligibility [requirement] require-
30 ments for receipt of awards [is] set forth in paragraphs a and b of this
31 subdivision are waived for a member, or the spouse or dependent of a
32 member, of the armed forces of the United States on full-time active
33 duty and stationed in this state.
34 § 16. Paragraph h of subdivision 2 of section 355 of the education law
35 is amended by adding a new subparagraph 10 to read as follows:
36 (10) Such regulations shall further provide that any student who is
37 not a legal resident of New York state but is a United States citizen, a
38 permanent lawful resident, a lawful non-immigrant alien or an applicant
39 without lawful immigration status may have the payment of tuition and
40 other fees and charges reduced by state-aided programs, scholarships or
41 other financial assistance awarded under the provisions of articles
42 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
43 that the student meets the requirements set forth in subparagraph (ii)
44 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
45 of section six hundred sixty-one of this chapter, as applicable.
46 § 17. Subdivision 7 of section 6206 of the education law is amended by
47 adding a new paragraph (d) to read as follows:
48 (d) The trustees shall further provide that any student who is not a
49 legal resident of New York state but is a United States citizen, a
50 permanent lawful resident, a lawful non-immigrant alien or an applicant
51 without lawful immigration status may have the payment of tuition and
52 other fees and charges reduced by state-aided programs, scholarships or
53 other financial assistance awarded under the provisions of articles
54 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
55 that the student meets the requirements set forth in subparagraph (ii)
A. 7431 7
1 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
2 of section six hundred sixty-one of this chapter, as applicable.
3 § 18. Section 6305 of the education law is amended by adding a new
4 subdivision 8-a to read as follows:
5 8-a. The payment of tuition and other fees and charges of a student
6 who is attending a community college and who is not a legal resident of
7 New York state but is a United States citizen, a permanent lawful resi-
8 dent, a lawful non-immigrant alien or an applicant without lawful immi-
9 gration status may be reduced by state-aided programs, scholarships and
10 other financial assistance awarded under the provisions of articles
11 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
12 that the student meets the requirements set forth in subparagraph (ii)
13 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
14 of section six hundred sixty-one of this chapter, as applicable.
15 § 19. Paragraph d of subdivision 3 of section 6451 of the education
16 law, as amended by chapter 149 of the laws of 1972, is amended to read
17 as follows:
18 d. Any necessary supplemental financial assistance, which may include
19 the cost of books and necessary maintenance for such enrolled students,
20 including students without lawful immigration status provided that the
21 student meets the requirements set forth in subparagraph (ii) of para-
22 graph a or subparagraph (ii) of paragraph b of subdivision five of
23 section six hundred sixty-one of this chapter, as applicable; provided,
24 however, that such supplemental financial assistance shall be furnished
25 pursuant to criteria promulgated by the commissioner with the approval
26 of the director of the budget.
27 § 19-a. Paragraph d of subdivision 3 of section 6451 of the education
28 law, as amended by chapter 494 of the laws of 2016, is amended to read
29 as follows:
30 d. Any necessary supplemental financial assistance, which may include
31 the cost of books and necessary maintenance for such enrolled students,
32 including students without lawful immigration status provided that the
33 student meets the requirements set forth in subparagraph (ii) of para-
34 graph a or subparagraph (ii) of paragraph b of subdivision five of
35 section six hundred sixty-one of this chapter, as applicable; provided,
36 however, that such supplemental financial assistance shall be furnished
37 pursuant to criteria promulgated by the commissioner with the approval
38 of the director of the budget;
39 § 20. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
40 of the education law, as added by chapter 917 of the laws of 1970, is
41 amended to read as follows:
42 (v) Any necessary supplemental financial assistance, which may include
43 the cost of books and necessary maintenance for such students, including
44 students without lawful immigration status provided that the student
45 meets the requirements set forth in subparagraph (ii) of paragraph a or
46 subparagraph (ii) of paragraph b of subdivision five of section six
47 hundred sixty-one of this chapter, as applicable; provided, however,
48 that such supplemental financial assistance shall be furnished pursuant
49 to criteria promulgated by such universities and approved by the regents
50 and the director of the budget.
51 § 21. Paragraph (a) of subdivision 2 of section 6455 of the education
52 law, as added by chapter 285 of the laws of 1986, is amended to read as
53 follows:
54 (a) (i) Undergraduate science and technology entry program moneys may
55 be used for tutoring, counseling, remedial and special summer courses,
56 supplemental financial assistance, program administration, and other
A. 7431 8
1 activities which the commissioner may deem appropriate. To be eligible
2 for undergraduate collegiate science and technology entry program
3 support, a student must be a resident of New York [who is], or meet the
4 requirements of subparagraph (ii) of this paragraph, and must be either
5 economically disadvantaged or from a minority group historically under
6 represented in the scientific, technical, health and health-related
7 professions, and [who demonstrates] must demonstrate interest in and a
8 potential for a professional career if provided special services. Eligi-
9 ble students must be in good academic standing, enrolled full time in an
10 approved, undergraduate level program of study, as defined by the
11 regents.
12 (ii) An applicant who is not a legal resident of New York state, but
13 who is a United States citizen, a permanent lawful resident, a lawful
14 non-immigrant alien or an applicant without lawful immigration status,
15 shall be eligible for an award at the undergraduate level of study
16 provided that the student:
17 (1) attended a registered New York state high school for two or more
18 years, graduated from a registered New York state high school and
19 applied for attendance at the institution of higher education for the
20 undergraduate study for which an award is sought within five years of
21 receiving a New York state high school diploma; or
22 (2) attended an approved New York state program for a state high
23 school equivalency diploma, received a state high school equivalency
24 diploma and applied for attendance at the institution of higher educa-
25 tion for the undergraduate study for which an award is sought within
26 five years of receiving a state high school equivalency diploma,
27 attended an approved New York state high school for two or more years,
28 graduated from an approved New York state high school and applied for
29 attendance at an institution of higher education within five years of
30 receiving a New York state high school diploma; or
31 (3) is otherwise eligible for the payment of tuition and fees at a
32 rate no greater than that imposed for resident students of the state
33 university of New York, the city university of New York or community
34 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
35 sion two of section three hundred fifty-five or paragraph (a) of subdi-
36 vision seven of section sixty-two hundred six of this chapter.
37 Provided, further, that a student without lawful immigration status
38 shall also be required to file an affidavit with such institution of
39 higher education stating that the student has filed an application to
40 legalize his or her immigration status, or will file such an application
41 as soon as he or she is eligible to do so.
42 § 22. Paragraph (a) of subdivision 3 of section 6455 of the education
43 law, as added by chapter 285 of the laws of 1986, is amended to read as
44 follows:
45 (a) (i) Graduate science and technology entry program moneys may be
46 used for recruitment, academic enrichment, career planning, supplemental
47 financial assistance, review for licensing examinations, program admin-
48 istration, and other activities which the commissioner may deem appro-
49 priate. To be eligible for graduate collegiate science and technology
50 entry program support, a student must be a resident of New York [who
51 is], or meet the requirements of subparagraph (ii) of this paragraph,
52 and must be either economically disadvantaged or from a minority group
53 historically underrepresented in the scientific, technical and health-
54 related professions. Eligible students must be in good academic stand-
55 ing, enrolled full time in an approved graduate level program, as
56 defined by the regents.
A. 7431 9
1 (ii) An applicant who is not a legal resident of New York state, but
2 either is a United States citizen, a permanent lawful resident, a lawful
3 non-immigrant alien or an applicant without lawful immigration status
4 shall be eligible for an award at the undergraduate level of study
5 provided that the student:
6 (1) attended a registered approved New York state high school for two
7 or more years, graduated from a registered New York state high school
8 and applied for attendance at the institution of higher education for
9 the graduate study for which an award is sought within ten years of
10 receiving a New York state high school diploma; or
11 (2) attended an approved New York state program for a state high
12 school equivalency diploma, received a state high school equivalency
13 diploma and applied for attendance at the institution of higher educa-
14 tion for the graduate study for which an award is sought within ten
15 years of receiving a state high school equivalency diploma; or
16 (3) is otherwise eligible for the payment of tuition and fees at a
17 rate no greater than that imposed for resident students of the state
18 university of New York, the city university of New York or community
19 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
20 sion two of section three hundred fifty-five or paragraph (a) of subdi-
21 vision seven of section sixty-two hundred six of this chapter.
22 Provided, further, that a student without lawful immigration status
23 shall also be required to file an affidavit with such institution of
24 higher education stating that the student has filed an application to
25 legalize his or her immigration status, or will file such an application
26 as soon as he or she is eligible to do so.
27 § 23. Subparagraph (i) of paragraph a of subdivision 2 of section
28 695-e of the education law, as amended by chapter 593 of the laws of
29 2003, is amended to read as follows:
30 (i) the name, address and social security number [or], employer iden-
31 tification number, or individual taxpayer identification number of the
32 account owner unless a family tuition account that was in effect prior
33 to the effective date of the chapter of the laws of two thousand seven-
34 teen that amended this subparagraph does not allow for a taxpayer iden-
35 tification number, in which case a taxpayer identification number shall
36 be allowed upon the expiration of the contract;
37 § 24. Subparagraph (iii) of paragraph a of subdivision 2 of section
38 695-e of the education law, as amended by chapter 593 of the laws of
39 2003, is amended to read as follows:
40 (iii) the name, address, and social security number, employer iden-
41 tification number, or individual taxpayer identification number of the
42 designated beneficiary, unless a family tuition account that was in
43 effect prior to the effective date of the chapter of the laws of two
44 thousand seventeen that amended this subparagraph does not allow for a
45 taxpayer identification number, in which case a taxpayer identification
46 number shall be allowed upon the expiration of the contract; and
47 § 25. The president of the higher education services corporation, in
48 consultation with the commissioner of education, shall establish an
49 application form and procedures that shall allow a student applicant
50 that meets the requirements set forth in subparagraph (ii) of paragraph
51 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661
52 of the education law to apply directly to the higher education services
53 corporation or education department for applicable awards without having
54 to submit information to any other state or federal agency. All informa-
55 tion contained within the applications filed with such corporation or
56 department shall be deemed confidential.
A. 7431 10
1 § 26. This act shall take effect July 1, 2017; provided, however, that
2 any rule or regulation necessary for the timely implementation of this
3 act on its effective date shall be promulgated on or before such effec-
4 tive date; and provided, further, that if chapter 494 of the laws of
5 2016 shall not have taken effect on or before such date then section
6 nineteen-a of this act shall take effect on the same date and in the
7 same manner as such chapter of the laws of 2016 takes effect.
