N.Y. Education Law § 669-h: Excelsior scholarship

§ 669-h. Excelsior scholarship. 1. Eligibility. An excelsior

scholarship award shall be made to an applicant who: (a) is matriculated

in an approved program leading to an undergraduate degree at a New York

state public institution of higher education; (b) if enrolled in (i) a

public institution of higher education prior to application, has

completed at least thirty combined credits per year following the

student's start date, or its equivalent, applicable to his or her

program or programs of study or (ii) an institution of higher education

prior to application, has completed at least thirty combined credits per

year following the student's start date, or its equivalent, applicable

to his or her program or programs of study and which were accepted upon

transfer to a public institution of higher education; (c) enrolls in at

least twelve credits per semester and completes at least thirty combined

credits per year following the student's start date, or its equivalent,

applicable to his or her program or programs of study except in limited

circumstances as prescribed by the corporation in regulation.

Notwithstanding, in the student's last semester, the student may take at

least one course needed to meet his or her graduation requirements and

enroll in and complete at least twelve credit hours or its equivalent.

For students who are disabled as defined by the Americans With

Disabilities Act of 1990, 42 USC 12101, the corporation shall prescribe

rules and regulations that allow applicants who are disabled to be

eligible for an award pursuant to this section based on modified

criteria; (d) has an adjusted gross income for the qualifying year, as

such terms are defined in this subdivision, equal to or less than: (i)

one hundred thousand dollars for recipients receiving an award in the

two thousand seventeen--two thousand eighteen academic year; (ii) one

hundred ten thousand dollars for recipients receiving an award in the

two thousand eighteen--two thousand nineteen academic year; and (iii)

one hundred twenty-five thousand dollars for recipients receiving an

award in the two thousand nineteen--two thousand twenty academic year

and thereafter; and (e) complies with the applicable provisions of this

article and all requirements promulgated by the corporation for the

administration of the program. Adjusted gross income shall be the total

of the combined adjusted gross income of the applicant and the

applicant's parents or the applicant and the applicant's spouse, if

married. Qualifying year shall be the adjusted gross income as reported

on the federal income tax return, or as otherwise obtained by the

corporation, for the calendar year coinciding with the tax year

established by the U.S. department of education to qualify applicants

for federal student financial aid programs authorized by Title IV of the

Higher Education Act of nineteen hundred sixty-five, as amended, for the

school year in which application for assistance is made. Provided,

however, if an applicant demonstrates to the corporation that there has

been a change in such applicant's adjusted gross income in the year(s)

subsequent to the qualifying year which would qualify such applicant for

an award, the corporation shall review and make a determination as to

whether such applicant meets the requirement set forth in paragraph (d)

of this subdivision based on such year. Provided, further that such

change was caused by the death, permanent and total physical or mental

disability, divorce, or separation by judicial decree or pursuant to an

agreement of separation which is filed with a court of competent

jurisdiction of any person whose income was required to be used to

compute the applicant's total adjusted gross income.

2. Amount. Within amounts appropriated therefor and based on

availability of funds, awards shall be granted to applicants that the

corporation has determined are eligible to receive such awards. The

corporation shall grant such awards in an amount up to actual tuition;

provided, however, (a) a student who receives educational grants and/or

scholarships that cover the student's full cost of attendance shall not

be eligible for an award under this program; and (b) an award under this

program shall be applied to tuition after the application of payments

received under the tuition assistance program pursuant to section six

hundred sixty-seven of this subpart, tuition credits pursuant to section

six hundred eighty-nine-a of this article, federal Pell grant pursuant

to section one thousand seventy of title twenty of the United States

code, et seq., and any other program that covers the cost of attendance

unless exclusively for non-tuition expenses, and the award under this

program shall be reduced in the amount equal to such payments, provided

that the combined benefits do not exceed the resident undergraduate

tuition charged by the state university of New York.

3. Duration. An eligible recipient shall not receive an award for more

than four academic years of full-time undergraduate study or five

academic years if the program of study normally requires five years. An

eligible recipient enrolled in an eligible two year program of study

shall not receive an award for more than two academic years.

Notwithstanding, such duration may be extended for an allowable

interruption of study including, but not limited to, death of a family

member, medical leave, military service, and parental leave, as

established by the corporation in regulation.

4. Conditions. (a) An applicant who would be eligible for a New York

state tuition assistance program award pursuant to section six hundred

sixty-seven of this subpart and/or a federal Pell grant pursuant to

section one thousand seventy of title twenty of the United States code,

et. seq., is required to apply for each such award.

(b) An applicant who has earned a bachelor's degree is ineligible to

receive an award pursuant to this section.

(c) An applicant who has earned an associate's degree is ineligible to

receive an award for a two year program of study pursuant to this

section.

(d) Notwithstanding paragraph c of subdivision four of section six

hundred sixty-one of this part, a school shall certify that a recipient

has achieved a grade point average necessary for successful completion

of his or her coursework to receive payment under the award.

(e) A recipient shall agree to reside exclusively in New York state,

and shall not be employed in any other state, for a continuous number of

years equal to the duration of the award received within six months of

receipt of his or her final award payment, and sign a contract with the

corporation to have his or her full award converted to a student loan

according to a schedule to be determined by the corporation if such

student fails to fulfill this requirement. The terms and conditions of

this paragraph may, as established by the rules and regulations of the

corporation, be deferred: (i) to complete undergraduate study; or (ii)

to attend graduate school on at least a half-time basis. Any obligation

to comply with such provisions as outlined in this paragraph may be

cancelled upon the death of the recipient. Notwithstanding any

provisions of this paragraph to the contrary, the corporation is

authorized to promulgate rules and regulations to provide for the waiver

or suspension of any financial obligation which would involve extreme

hardship.

(f) Notwithstanding paragraph (c) of subdivision one of this section,

a student who otherwise satisfies all of the requirements under this

section but fails to complete at least thirty combined credits, or its

equivalent, applicable to his or her program or programs of study in any

year shall be eligible to receive an award payment for the first

semester of such year, provided however, the student shall be ineligible

for any further payments under this section.

5. Recipient selection. The president may establish: (a) an

application deadline and (b) a method of selecting recipients if in any

given year there are insufficient funds to cover the needs of all the

applicants provided that priority shall be given to eligible applicants

who are currently in attendance at a public institution of higher

education.

6. Rules and regulations. The corporation is authorized to promulgate

rules and regulations, and may promulgate emergency regulations,

necessary for the implementation of the provisions of this section

including, but not limited to, the criteria for distributing the awards,

which may include a lottery or other form of random selection.