N.Y. Education Law § 668-d: World trade center memorial scholarships

§ 668-d. World trade center memorial scholarships. 1. Eligible groups.

Notwithstanding subdivisions three and five of section six hundred

sixty-one of this article, children, spouses and financial dependents of

innocent victims who have died or have been severely and permanently

disabled, or those innocent victims who have become severely and

permanently disabled as a direct result of an injury sustained in the

impact area of the September eleventh, two thousand one attack on the

United States of America, shall be eligible to receive a memorial

scholarship. The attack on the United States of America shall consist of

the attack on the world trade center, the attack on the Pentagon and the

hijackings and crashes of United Airlines flights 93 and 175 and

American Airlines flights 11 and 77.

2. Amount. (a) The president shall grant annual scholarships in the

following amounts:

(1) If the recipient attends an institution of the city university of

New York or an institution of the state university of New York other

than the statutory colleges at Cornell, the college of environmental

science and forestry at Syracuse and the college of ceramics at Alfred,

the annual award shall be an amount equal to: the tuition charged at

such institution provided that, notwithstanding any provision of law to

the contrary, the tuition charged to award recipients shall not exceed

that charged to state resident students attending such institution; the

mandatory fees charged at such institution; and the non-tuition cost of

attendance at such institution or college, provided that the scholarship

shall not exceed an amount that is equal to the total cost of attendance

determined for federal Title IV student financial aid purposes, less all

other scholarships and grants provided by New York state, other states,

the federal government, or other governments, and the amount of

educational benefits paid under any program that would duplicate the

purposes of this program, provided that any scholarships or grants

provided to a recipient by the institution which are intended to fund

any portion of the difference between the annual state award and the

actual costs of attendance at any such institution shall not be

considered to duplicate the purposes of this program; or

(2) If the recipient attends any other approved program within New

York state, the annual award shall be based upon an amount equal to: the

tuition charged to state resident students attending a four-year college

of the state university of New York; the average mandatory fees charged

at four-year colleges of the state university of New York, or the actual

tuition and fees charged to the recipient, whichever is less; and the

average non-tuition cost of attendance, as determined by the president

and as approved by the director of the budget, for a student at the

state university of New York or actual non-tuition cost of attendance at

such institution, whichever is less, provided that the scholarship shall

not exceed an amount that is equal to the total cost of attendance

determined for federal Title IV student financial aid purposes, less all

other scholarships and grants provided by New York state, other states,

the federal government, or other governments, and the amount of

educational benefits paid under any program that would duplicate the

purposes of this program, provided that any scholarships or grants

provided to a recipient by the institution which are intended to fund

any portion of the difference between the annual state award and the

actual costs of attendance at any such institution shall not be

considered to duplicate the purposes of this program.

(3) Notwithstanding paragraph a of subdivision four of section six

hundred sixty-one of this article, if the recipient is a New York state

resident and, on September eleventh, two thousand one, was matriculated

and in attendance in an institution of higher education that provides a

two-year or four-year program of instruction for which the institution

awards an associate or baccalaureate degree and which is eligible to

participate in a program under Title IV of the Higher Education Act of

1965, as amended or any successor statutes located outside of New York

state, the annual award shall be based upon an amount equal to: the

tuition charged to state resident students attending a four-year college

of the state university of New York; the average mandatory fees charged

at four-year colleges of the state university of New York or the actual

tuition and fees charged to the recipient, whichever is less; and the

average non-tuition cost of attendance, as determined, by the president

and as approved by the director of the budget, for a student at the

state university of New York or actual non-tuition cost of attendance at

such institution, whichever is less, provided that the scholarship shall

not exceed an amount that is equal to the total cost of attendance

determined for federal Title IV student financial aid proposes, less all

other scholarships and grants provided by New York state, other states,

the federal government, or other governments, and the amount of

educational benefits paid under any program that would duplicate the

purposes of this program, provided that any scholarships or grants

provided to a recipient by the institution which are intended to fund

any portion of the difference between the annual state award and the

actual annual costs of attendance at any such institution shall not be

considered to duplicate the purposes of this program.

(4) "Non-tuition cost of attendance", as used in this subdivision,

shall mean: (i) the actual amount charged by the institution for room

and board, and (ii) an allowance for transportation, books and supplies

as determined by the president and as approved by the director of the

budget, provided that such determination shall be made no later than

December first of each year for use in the succeeding academic year. In

the event a student does not incur room or board charges at the

institution, "non-tuition cost of attendance" shall mean an allowance

for room and board as determined by the president and approved by the

director of the budget. In determining allowances pursuant to this

subparagraph, the president may take into consideration the allowances

provided for in the Pell grant program.

(b) In no event shall the combination of all student financial aid

received by a student exceed a recipient's total cost of attendance at

the institution being attended.

3. Duration. Awards under this section shall be payable for each of

not more than four academic years of undergraduate study or five

academic years if a program normally requires five years, as defined by

the commissioner pursuant to article thirteen of this title.