N.Y. Education Law § 667: Tuition assistance program awards

§ 667. Tuition assistance program awards. 1. Recipient

qualifications. Tuition assistance program awards are available for all

students who are enrolled in approved programs and who demonstrate the

ability to complete such courses, in accordance with standards

established by the commissioner provided, however, that no award shall

be made unless tuition (exclusive of educational fees) and, if

applicable, the college fee levied by the state university of New York

pursuant to the April first, nineteen hundred sixty-four financing

agreements with the New York state dormitory authority charged for the

program in which the student is enrolled total at least two hundred

dollars a year, and provided further that, no award can exceed one

hundred percent of the amount of tuition charged.

2. Duration. No undergraduate shall be eligible for more than four

academic years of study, or five academic years if the program of study

normally requires five years. Students enrolled in a program of remedial

study, approved by the commissioner in an institution of higher

education and intended to culminate in a degree in undergraduate study

shall, for purposes of this section, be considered as enrolled in a

program of study normally requiring five years. An undergraduate student

enrolled in an eligible two year program of study approved by the

commissioner shall be eligible for no more than three academic years of

study. An undergraduate student enrolled in an approved two or four-year

program of study approved by the commissioner who must transfer to

another institution as a result of permanent college closure shall be

eligible for up to two additional semesters, or their equivalent, to the

extent credits necessary to complete the student's program of study were

deemed non-transferable from the closed institution or were deemed not

applicable to such student's program of study by the new institution.

Any semester, quarter, or term of attendance during which a student

receives any award under this article, after the effective date of the

former scholar incentive program and prior to academic year nineteen

hundred eighty-nine--nineteen hundred ninety, shall be counted toward

the maximum term of eligibility for tuition assistance under this

section, except that any semester, quarter or term of attendance during

which a student received an award pursuant to section six hundred

sixty-six of this subpart shall be counted as one-half of a semester,

quarter or term, as the case may be, toward the maximum term of

eligibility under this section. Any semester, quarter or term of

attendance during which a student received an award pursuant to section

six hundred sixty-seven-a of this subpart shall not be counted toward

the maximum term of eligibility under this section.

3. Tuition assistance program awards.

a. Amount. The president shall make awards to students enrolled in

degree-granting institutions or registered not-for-profit business

schools qualified for tax exemption under § 501(c)(3) of the internal

revenue code for federal income tax purposes in the following amounts:

(i) For each year of undergraduate study, assistance shall be provided

as computed on the basis of the amount which is the lesser of the

following:

(A) (1) In the case of students who have not been granted an exclusion

of parental income, who have qualified as an orphan, foster child, or

ward of the court for the purposes of federal student financial aid

programs authorized by Title IV of the Higher Education Act of 1965, as

amended, or had a dependent for income tax purposes during the tax year

next preceding the academic year for which application is made, except

for those students who have been granted exclusion of parental income

who have a spouse but no other dependent:

(a) Five thousand dollars, except starting in two thousand

fourteen-two thousand fifteen such students shall receive five thousand

one hundred sixty-five dollars, and except starting in two thousand

twenty-one--two thousand twenty-two and thereafter such students shall

receive five thousand six hundred sixty-five dollars, provided however

that nothing herein shall be construed as increasing any award made

pursuant to this section for an academic year prior to two thousand

twenty-one--two thousand twenty-two; or

(b) For undergraduate students enrolled in a program of study at a

non-public degree-granting institution that does not offer a program of

study that leads to a baccalaureate degree, or at a registered

not-for-profit business school qualified for tax exemption under section

501(c)(3) of the internal revenue code for federal income tax purposes

that does not offer a program of study that leads to a baccalaureate

degree, four thousand dollars, except starting in two thousand

twenty-one--two thousand twenty-two and thereafter such students shall

receive four thousand five hundred dollars. Provided, however, that this

subitem shall not apply to students enrolled in a program of study

leading to a certificate or degree in nursing.

(2) In the case of students receiving awards pursuant to subparagraph

(iii) of this paragraph and those students who have been granted

exclusion of parental income who have a spouse but no other dependent

beginning in the two thousand twenty-one--two thousand twenty-two

academic year and thereafter, three thousand five hundred twenty-five

dollars, provided that nothing herein shall be construed as increasing

any award made for any prior academic year; or

(B) (1) Ninety-five percent of the amount of tuition (exclusive of

educational fees) charged and, if applicable, the college fee levied by

the state university of New York pursuant to the April first, nineteen

hundred sixty-four financing agreement with the New York state dormitory

authority.

(2) For the two thousand one--two thousand two academic year and

thereafter one hundred percent of the amount of tuition (exclusive of

educational fees) charged and, if applicable, the college fee levied by

the state university of New York pursuant to the April first, nineteen

hundred sixty-four financing agreement with the New York state dormitory

authority.

(ii) Except for students as noted in subparagraph (iii) of this

paragraph, the base amount as determined from subparagraph (i) of this

paragraph, shall be reduced in relation to income as follows:

Amount of income Schedule of reduction

of base amount

(A) Less than seven thousand None

dollars

(B) Seven thousand dollars or Seven per centum of excess

more, but less than eleven over seven thousand dollars

thousand dollars

(C) Eleven thousand dollars or Two hundred eighty dollars

more, but less than eighteen plus ten per centum of excess

thousand dollars over eleven thousand dollars

(D) Eighteen thousand dollars or Nine hundred eighty dollars

more, but not more than one plus twelve per centum of

hundred twenty-five excess over eighteen

thousand dollars thousand dollars

(iii) (A) For students who have been granted exclusion of parental

income and were single with no dependent for income tax purposes during

the tax year next preceding the academic year for which application is

made, the base amount, as determined in subparagraph (i) of this

paragraph, shall be reduced in relation to income as follows:

Amount of income Schedule of reduction

of base amount

(1) Less than three thousand None

dollars

(2) Three thousand dollars or Thirty-one per centum of

more, but not more than thirty amount in excess of three

thousand dollars thousand dollars

(B) For those students who have been granted exclusion of parental

income who have a spouse but no other dependent, for income tax purposes

during the tax year next preceding the academic year for which

application is made, the base amount, as determined in subparagraph (i)

of this paragraph, shall be reduced in relation to income as follows:

Amount of income Schedule of reduction

of base amount

(1) Less than seven thousand None

dollars

(2) Seven thousand dollars or Seven per centum of excess

more, but less than eleven over seven thousand dollars

thousand dollars

(3) Eleven thousand dollars or Two hundred eighty dollars

more, but less than eighteen plus ten per centum of excess

thousand dollars over eleven thousand dollars

(4) Eighteen thousand dollars or Nine hundred eighty dollars

more, but not more than sixty plus twelve per centum of

thousand dollars excess over eighteen

thousand dollars

(iv) If the amount of reduction is not a whole dollar, it shall be

reduced to the next lowest whole dollar. In the case of any student who

has received four or more payments pursuant to any and all awards

provided for in this subdivision, for the two thousand--two thousand one

academic year the base amount shall be reduced by an additional one

hundred fifty dollars for the two thousand one--two thousand two

academic year and thereafter the base amount shall be reduced by an

additional one hundred dollars.

(v) The award shall be the net amount of the base amount determined

pursuant to subparagraph (i) of this paragraph reduced pursuant to

subparagraph (ii) or (iii) of this paragraph but the award shall not be

reduced for the two thousand--two thousand one and two thousand one--two

thousand two academic years below two hundred seventy-five dollars if

the amount of income is eighty thousand dollars or less and more than

seventy thousand dollars, three hundred twenty-five dollars if the

amount of income is seventy thousand dollars or less and more than sixty

thousand dollars and four hundred twenty-five dollars if the amount of

income is sixty thousand dollars or less.

(vi) For the two thousand two--two thousand three through two thousand

twenty-three--twenty-four academic years, the award shall be the net

amount of the base amount determined pursuant to subparagraph (i) of

this paragraph reduced pursuant to subparagraph (ii) or (iii) of this

paragraph but the award shall not be reduced below five hundred dollars.

(vii) For the two thousand twenty-four--two thousand twenty-five

academic year and thereafter, the award shall be the net amount of the

base amount determined pursuant to subparagraph (i) of this paragraph

reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the

award shall not be reduced below one thousand dollars.

b. Amount. The president shall make awards to students enrolled in two

year programs offered in registered private business schools except for

registered not-for-profit business schools qualified for tax exemption

under section 501(c)(3) of the internal revenue code for federal income

tax purposes in the following amounts:

(i) For each year of study, assistance shall be provided as computed

on the basis of the amount which is the lesser of the following:

(A) (1) one thousand three hundred dollars, or

(2) for students receiving awards pursuant to subparagraph (iii) of

this paragraph, one thousand one hundred forty dollars; or

(B) (1) Ninety-five percent of the amount of tuition (exclusive of

educational fees) charged.

(2) For the two thousand one--two thousand two academic year and

thereafter one hundred percent of the amount of tuition (exclusive of

educational fees).

(ii) Except for students as noted in subparagraph (iii) of this

paragraph, the base amount as determined in subparagraph (i) of this

paragraph, shall be reduced in relation to income as follows:

Amount of income Schedule of reduction

of base amount

(A) Less than seven thousand None

dollars

(B) Seven thousand dollars or Seven per centum of the excess

more, but less than eleven over seven thousand dollars

thousand dollars

(iii) For students who have been granted exclusion of parental income

and were single with no dependent for income tax purposes during the tax

year next preceding the academic year for which application is made, the

base amount, as determined in subparagraph (i) of this paragraph, shall

be reduced in relation to income as follows:

Amount of income Schedule of reduction of

base amount

(A) Less than three thousand None

dollars

(B) Three thousand dollars or Thirty-one per centum of the ex-

more, but not more than ten cess over three thousand dollars

thousand dollars

(iv) If the amount of reduction is not a whole dollar, it shall be

reduced to the next lowest whole dollar. In the case of any student who

has received four or more payments pursuant to any and all awards

provided for in this subdivision, for the two thousand--two thousand one

academic year the base amount shall be reduced by an additional one

hundred fifty dollars for the two thousand one--two thousand two

academic year and thereafter the base amount shall be reduced by an

additional one hundred dollars.

(v) The award shall be the net amount of the base amount determined

pursuant to subparagraph (i) of this paragraph reduced pursuant to

subparagraph (ii) or (iii) of this paragraph but the award shall not be

reduced below one hundred dollars. If the income exceeds the maximum

amount of income allowable under subparagraph (ii) or (iii) of this

paragraph, no award shall be made.

c. Restrictions. In no even shall shall any award:

(i) be made unless the annual tuition (exclusive of educational fees)

and, if applicable, the college fee levied by the state university of

New York pursuant to the April first, nineteen hundred sixty-four

financing agreement with the New York state dormitory authority charged

for the program in which the student is enrolled total at least two

hundred dollars; or

(ii) exceed the amount by which such annual tuition (exclusive of

educational fees) and, if applicable, the college fee levied by the

state university of New York pursuant to the April first, nineteen

hundred sixty-four financing agreement with the New York state dormitory

authority exceed the total of all other state, federal, or other

educational aid that is received or receivable by such student during

the school year for which such award is applicable and that, in the

judgment of the commissioner, would duplicate the purposes of the award;

or

(iii) be made when income exceeds the maximum income set forth in this

subdivision. The commissioner shall list in his regulations all major

state and federal financial aid available to New York state students and

identify any forms of aid that are duplicative of the purposes of the

tuition assistance program. For the purposes of this subdivision,

neither United States war orphan educational benefits nor benefits under

the veterans' readjustment act of nineteen hundred sixty-six shall be

considered as federal or other educational aid.