N.Y. Education Law § 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.