N.Y. Education Law § 661: Eligibility requirements and conditions governing awards and loans

§ 661. Eligibility requirements and conditions governing awards and

loans. 1. Applicability. The eligibility requirements and conditions

established in this section shall apply to all general awards, academic

performance awards and student loans other than education loans made

pursuant to part V of this article.

2. Application and recipient qualifications. At least annually and at

such times as the board shall establish, a student and, where

applicable, the parents and spouse of such student seeking aid or loans

under the provisions of this article, shall submit to the corporation on

forms it shall establish such information as the board may require.

4. Attendance in approved courses of study in approved institutions.

To be eligible to receive payments from the president a student:

a. Must be matriculated in an approved program, as defined by the

commissioner pursuant to article thirteen of this chapter, or pursuant

to paragraph b of this subdivision, in an institution situated in the

state, which has been approved and operating in this state for at least

one year, and has been approved for participation in federal student

financial aid programs authorized by Title IV of the Higher Education

Act of 1965, as amended. Nothing in this subdivision shall preclude

payment of an award to a recipient who receives instruction outside the

state, which instruction is conducted by an institution situated in the

state, and is part of the student's program of study at such

institution; provided, however, that nothing in this subdivision shall

preclude the receipt of a loan pursuant to section six hundred eighty of

this article; provided, further, that students not attending

institutions eligible for participating in federal Title IV financial

aid programs on or before July first, two thousand seven: (i) who

received their first award under this article before the two thousand

six--two thousand seven academic year shall be eligible for payments

until the end of the two thousand nine--two thousand ten academic year;

or (ii) who received their first award under this article for the two

thousand six--two thousand seven academic year through and including the

two thousand nine--two thousand ten academic year shall be eligible for

payments until the end of the two thousand fourteen--two thousand

fifteen academic year.

b. Notwithstanding any other provision of law to the contrary and the

rules and regulations promulgated pursuant thereto, the president shall

make tuition assistance program awards available to full-time resident

undergraduate students not currently eligible for awards under

subdivision three of section six hundred sixty-seven of this part and

who are attending an educational institution in this state that:

(i) is exempt from federal taxation under section 501(c)(3) of the

Internal Revenue Code; and

(ii) has its headquarters and main campus located within the state and

is eligible for funds under Title IV of the Higher Education Act of

1965, as amended; and

(iii) is accredited by an agency recognized by the United States

secretary of education, or by a successor federal agency; and

(iv) enrollment in which institution would render the student eligible

to receive a federal Pell grant in accordance with section one thousand

seventy of title twenty of the United States code, et. seq. and the

regulations promulgated thereunder; and

(v) provides a program of instruction lasting at least three years,

for which the student is enrolled.

b-1. Tuition assistance program awards that are made available to

students pursuant to paragraph b of this subdivision shall not be

awarded if an applicant:

(i) does not meet the citizenship requirements pursuant to subdivision

three of this section;

(ii) does not meet the income requirements pursuant to section six

hundred sixty-three of this subpart;

(iii) does not maintain good academic standing pursuant to paragraph c

of subdivision six of section six hundred sixty-five of this subpart,

and if there is no applicable existing academic standards schedule

pursuant to such subdivision, then such recipient shall be placed on the

academic standards schedule applicable to students enrolled in a

four-year or five-year undergraduate program; or

(iv) is in default in the repayment of any state or federal student

loan, has failed to comply with the terms of any service condition

imposed by an academic performance award made pursuant to this article,

or has failed to make a refund of any award.

c. Must be in full-time attendance, as defined by the commissioner,

except as otherwise specifically provided in this article, and, for a

student having completed his or her second academic year, must have a

cumulative C average or its equivalent. The president may waive the

requirement that the student have a cumulative C average or its

equivalent for undue hardship based on: (i) the death of a relative of

the student; (ii) the personal injury or illness of the student; or

(iii) other extenuating circumstances; and

d. For students who first receive aid pursuant to this chapter in

academic year nineteen hundred ninety-six--nineteen hundred ninety-seven

to academic year two thousand six--two thousand seven, must have a

certificate of graduation from a school providing secondary education,

or the recognized equivalent of such certificate; or have achieved a

passing score, as determined by the United States secretary of

education, on a federally approved examination which demonstrates that

the student can benefit from the education being offered;

e. For students who first receive aid pursuant to this chapter in

academic year two thousand six--two thousand seven, must have a

certificate of graduation from a recognized school providing secondary

education within the United States, or the recognized equivalent of such

certificate, or have been admitted to such institution after receiving a

passing score on a federally approved ability to benefit test that has

been independently administered and evaluated, as provided by the

commissioner;

f. For students who first receive aid pursuant to this chapter in

academic year two thousand seven--two thousand eight or thereafter, must

have (i) a certificate of graduation from a school providing secondary

education from a state within the United States; or (ii) the recognized

equivalent of such certificate; or (iii) received a passing score on a

federally approved ability to benefit test that has been identified by

the board of regents as satisfying the eligibility requirements of this

section and has been independently administered and evaluated as defined

by the commissioner; or (iv) received a high school diploma, or the

equivalent thereof, from an online high school program located within

the United States that is accredited in accordance with paragraph four

of appendix three hundred two of the Job Corps Policy and Requirements

Handbook (Guidelines for the Ongoing Quality Monitoring of Job Corps

High School Diploma (HSD) Programs), as amended from time to time;

g. For students who are disabled as defined by the Americans With

Disability Act of 1990, 42 USC 12101, the full-time attendance

requirement is eliminated. Such disabled students may be in part-time

attendance, as defined by the commissioner in order to be eligible to

receive payments from the president.

5. Residence. a. (i) Except as provided in subdivision two of section

six hundred seventy-four of this part and subparagraph (ii) of this

paragraph, an applicant for an award at the undergraduate level of study

must either (a) have been a legal resident of the state for at least one

year immediately preceding the beginning of the semester, quarter or

term of attendance for which application for assistance is made, or (b)

be a legal resident of the state and have been a legal resident during

his last two semesters of high school either prior to graduation, or

prior to admission to college. Provided further that persons shall be

eligible to receive awards under section six hundred sixty-eight or

section six hundred sixty-nine of this part who are currently legal

residents of the state and are otherwise qualified.

(ii) An applicant who is not a legal resident of the state eligible

pursuant to subparagraph (i) of this paragraph, but is a United States

citizen, a permanent lawful resident, an individual who is granted U or

T non-immigrant status pursuant to the Victims of Trafficking and

Violence Protection Act of 2000, a person granted temporary protected

status pursuant to the Federal Immigration Act of 1990, an individual of

a class of refugees paroled by the attorney general of the United States

under his or her parole authority pertaining to the admission of

noncitizens to the United States, or an applicant without lawful

immigration status shall be eligible for an award at the undergraduate

level of study provided that the student:

(a) attended a registered New York state high school for two or more

years, graduated from a registered New York state high school and

applied for attendance at the institution of higher education for the

undergraduate study for which an award is sought within five years of

receiving a New York state high school diploma; or

(b) attended an approved New York state program for a state high

school equivalency diploma, received a state high school equivalency

diploma and applied for attendance at the institution of higher

education for the undergraduate study for which an award is sought

within five years of receiving a state high school equivalency diploma;

or

(c) is otherwise eligible for the payment of tuition and fees at a

rate no greater than that imposed for resident students of the state

university of New York, the city university of New York or community

colleges as prescribed in subparagraph eight of paragraph h of

subdivision two of section three hundred fifty-five or paragraph (a) of

subdivision seven of section sixty-two hundred six of this chapter.

Provided, further, that a student without lawful immigration status

shall also be 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.

b. (i) Except as otherwise provided in subparagraph (ii) of this

paragraph, an applicant for an award at the graduate level of study must

either (a) have been a legal resident of the state for at least one year

immediately preceding the beginning of the semester, quarter or term of

attendance for which application for assistance is made, or (b) be a

legal resident of the state and have been a legal resident during his

last academic year of undergraduate study and have continued to be a

legal resident until matriculation in the graduate program.

(ii) An applicant who is not a legal resident of the state eligible

pursuant to subparagraph (i) of this paragraph, but is a United States

citizen, a permanent lawful resident, an individual who is granted U or

T non-immigrant status pursuant to the Victims of Trafficking and

Violence Protection Act of 2000, a person granted temporary protected

status pursuant to the Federal Immigration Act of 1990, an individual of

a class of refugees paroled by the attorney general of the United States

under his or her parole authority pertaining to the admission of

noncitizens to the United States, or an applicant without lawful

immigration status shall be eligible for an award at the graduate level

of study provided that the student:

(a) attended a registered approved New York state high school for two

or more years, graduated from a registered New York state high school

and applied for attendance at the institution of higher education for

the graduate study for which an award is sought within ten years of

receiving a New York state high school diploma; or

(b) attended an approved New York state program for a state high

school equivalency diploma, received a state high school equivalency

diploma and applied for attendance at the institution of higher

education for the graduate study for which an award is sought within ten

years of receiving a state high school equivalency diploma; or

(c) is otherwise eligible for the payment of tuition and fees at a

rate no greater than that imposed for resident students of the state

university of New York, the city university of New York or community

colleges as prescribed in subparagraph eight of paragraph h of

subdivision two of section three hundred fifty-five or paragraph (a) of

subdivision seven of section sixty-two hundred six of this chapter.

Provided, further, that a student without lawful immigration status

shall also be 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.

c. A student, during any period for which he receives financial

support or assistance from a parent or stepparent, or is claimed by a

parent or stepparent as a dependent for income tax purposes shall, for

the purposes of this article, be considered to reside at the residence

of such parent or stepparent, unless the student submits evidence

satisfactory to the president that the student's residence is elsewhere.

d. If an applicant for an award allocated on a geographic basis has

more than one residence in this state, his or her residence for the

purpose of this article shall be his or her place of actual residence

during the major part of the year while attending school, as determined

by the commissioner; and further provided that an applicant who does not

have a residence in this state and is eligible for an award pursuant to

subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of

this subdivision shall be deemed to reside in the geographic area of the

institution of higher education in which he or she attends for purposes

of an award allocated on a geographic basis.

e. Notwithstanding any other provision of this article to the

contrary, the New York state eligibility requirements for receipt of

awards set forth in paragraphs a and b of this subdivision are waived

for a member, or the spouse or dependent of a member, of the armed

forces of the United States on full-time active duty and stationed in

this state.

6. Restrictions. a. All general and academic performance awards shall

only be used in the manner prescribed by the commissioner pursuant to

article thirteen of this chapter, for the specific purpose for which the

awards are made, and no such awards shall be used to obtain professional

instruction in theology.

b. A student who is in default on a student loan made under any

statutory New York state or federal education loan program shall be

ineligible to receive any award or loan pursuant to this article until

the student cures the default status pursuant to applicable law and

regulation.

c. A student who has failed to comply with the terms of any service

condition imposed by an award made pursuant to this article or has

failed to repay an award made pursuant to this article, as required by

paragraph a of subdivision four of section six hundred sixty-five of

this subpart, shall be ineligible to receive any award or loan pursuant

to this article so long as such failure to comply or repay continues.

7. Awards of student financial aid. Whenever the corporation gives

written notification to a student of the amount of student financial aid

such student will receive under the provisions of this article, such

written notification shall be accepted by the institution as a deferment

against tuition charges pending the issuance of such moneys by the

corporation, unless: (a) the institution has more current or accurate

information on file indicating the student will receive a different

amount from that calculated by the corporation, in which event the

institution's calculated amount shall be accepted as a deferment against

tuition charges pending the issuance of such moneys by the corporation,

or

(b) the institution is waiting for corrections of financial aid forms

or income verification which the student has not yet completed, or

supplied, in which case deferment will not take place until such time as

the student has completed his or her responsibilities.