§ 605 — Academic performance awards

New York § 605

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 13: Higher Education Student Financial Aid Programs

Text

§ 605. Academic performance awards. 1. Regents college scholarships.\nRegents college scholarships shall be awarded to students completing\ntheir high school programs for attendance in approved programs, on the\nbasis of nationally established competitive examinations.\n a. County allocation. Twenty-five thousand such scholarships shall be\nawarded each year and shall be allocated to each county in the state in\nthe same ratio that the number of students residing in such county who\nwere graduated from approved high schools in the state during the school\nyear preceding the date of the examination for the award of such\nscholarships bears to the total number of students residing in the state\nwho were graduated from approved high schools in the state during such\nschool year; provided, that no county shall be allocated fewer than\nforty scholarships, except that Hamilton county shall be allocated no\nfewer than sixteen scholarships. In the event that a scholarship awarded\npursuant to this paragraph is declined by a student or for any reason\nrevoked by the commissioner or the president, its benefits shall lapse\nand there shall be no further payment or reawarding of such scholarship.\n b. School allocation. If in any year the candidates who are graduates\nof a given approved high school in the state and who are awarded\nscholarships under paragraph a of this subdivision do not constitute at\nleast one person for every forty persons who were graduated from such\nschool during the school year preceding the date of the examination for\nthe award of such scholarships, then additional scholarships shall be\nawarded in such year in the number required to provide such allocation\nof scholarship awards for each such school, and such additional\nscholarships shall be awarded directly to candidates from each such\nschool in accordance with the provisions of section six hundred two of\nthis chapter. In the event that a scholarship awarded pursuant to this\nparagraph is declined by a student or for any reason revoked by the\ncommissioner or the president, its benefits shall lapse and there shall\nbe no further payment or reawarding of such scholarship.\n 2. Regents professional education in nursing scholarships. Regents\nprofessional education in nursing scholarships shall be awarded on the\nsame basis as regents college scholarships to students completing their\nhigh school programs for attendance in programs for the training of\nregistered professional nurses at colleges or schools approved by the\nregents. Eight hundred such scholarships shall be awarded each year.\nSuch scholarships shall be allocated to each county in the state in the\nsame ratio that the number of students residing in such county who were\ngraduated from approved high schools in the state during the school year\npreceding the date of the examination for the award of such scholarships\nbears to the total number of students residing in the state who were\ngraduated from approved high schools in the state during such school\nyear, provided, that no county shall be allocated fewer than four\nscholarships, except that Fulton and Hamilton counties shall each be\nallocated no fewer than two scholarships; provided, however, that no\ncounty shall be allocated fewer scholarships than such county received\nduring the year nineteen hundred seventy-two--nineteen hundred\nseventy-three.\n 3. Regents professional education in medicine or dentistry\nscholarships. Regents professional education in medicine or dentistry\nscholarships shall be awarded annually, on a competitive basis, to\nstudents beginning professional study in medicine or dentistry. One\nhundred such scholarships shall be awarded annually, and shall be\nclassified and allocated in accordance with regents rules. The\nprovisions of this subdivision shall only apply to any recipient who\nreceives his or her first award payment prior to the nineteen hundred\neighty-five--nineteen hundred eighty-six academic year.\n 3-a. Regents professional education in optometry scholarships. Regents\nprofessional education in optometry scholarships shall be awarded\nannually, on a competitive basis, to students beginning professional\nstudy in optometry. Five such scholarships shall be awarded annually in\noptometry, and shall be classified and allocated in accordance with\nregents rules. The provisions of this subdivision shall only apply to\nany recipient who receives his or her first award payment prior to the\nnineteen hundred eighty-five--nineteen hundred eighty-six academic year.\n 3-b. Regents professional education in veterinary medicine\nscholarships. Regents professional education in veterinary medicine\nscholarships shall be awarded annually, on a competitive basis, to\nstudents beginning professional study in veterinary medicine. Ten such\nscholarships shall be awarded annually in veterinary medicine, and shall\nbe classified and allocated in accordance with regents rules. The\nprovisions of this subdivision shall only apply to any recipient who\nreceives his or her first award payment prior to the nineteen hundred\neighty-five--nineteen hundred eighty-six academic year.\n 4. Regents physician shortage scholarships. At least thirty percent of\nthe regents professional education in medicine or dentistry scholarships\nawarded each year shall be awarded to students beginning or engaged in\nthe professional study in medicine who agree to practice medicine upon\ncompletion of their professional training in an area in New York state\ndesignated as having a shortage of physicians, provided, however, that\nto the extent that regents physician shortage scholarships are not\nawarded, such scholarships shall be awarded as regents professional\neducation in medicine and dentistry scholarships. The provisions of this\nsubdivision shall only apply to any recipient who receives his or her\nfirst award payment prior to the nineteen hundred eighty-five--nineteen\nhundred eighty-six academic year.\n a. In selecting and certifying scholarship recipients under this\nsection, priority shall be accorded to applicants in the following\norder:\n (1) first, to any applicant who (1) has a family income of six\nthousand dollars or less and (2) resides in an area designated as having\na shortage of physicians pursuant to paragraph c of this subdivision;\n (2) second, to any applicant who has a family income of six thousand\ndollars or less;\n (3) third, to any applicant who (1) has a family income of ten\nthousand dollars or less and (2) resides in an area designated as having\na shortage of physicians pursuant to paragraph c of this subdivision;\n (4) fourth, to any applicant who has a family income of ten thousand\ndollars or less;\n (5) fifth, to any other applicant.\n b. With respect to recipients who have received award payments prior\nto the nineteen hundred eighty-two--nineteen hundred eighty-three\nacademic year, with such time as the commissioner shall by regulation\nprovide, a recipient of an award shall have practiced medicine in an\narea designated as having a shortage of physicians pursuant to paragraph\nd of this subdivision for that number of months calculated by\nmultiplying by nine the number of annual awards he received. If a\nrecipient fails to comply fully with such condition, the president shall\nbe entitled to recover from such recipient an amount which bears the\nsame ratio to (a) the aggregate of the amount of the awards received as\n(b) the number of months the recipient failed to comply with this\ncondition bears to the number of months he was obligated to comply with\nthis condition, together with interest at seven percent per annum\ncomputed from the date on which he completed his professional training\nand/or active military service. A recipient shall not be required to\ncomply with the provisions of this paragraph unless he shall have\nreceived a medical degree and any obligation to comply with such\nprovisions shall be cancelled upon his death. The regents shall make\nregulations to provide for the waiver or suspension of any financial\nobligation where compliance would involve extreme hardship.\n c. The requirements of this paragraph shall apply to any recipient who\nreceives his or her first award payment commencing with the nineteen\nhundred eighty-two--nineteen hundred eighty-three academic year or\nsubsequently, and the requirements of paragraph (b) of this subdivision\nshall not apply to such recipients. Within such time as the commissioner\nshall by regulation provide, a recipient of an award shall have\npracticed medicine in an area designated as having a shortage of\nphysicians pursuant to paragraph (d) of this subdivision for that number\nof months calculated by multiplying by nine the number of annual awards\nreceived by the recipient. If a recipient fails to comply fully with\nsuch condition, the president shall be entitled to recover from such\nrecipient an amount determined by the formula:\n A = 2B (t-s)\n t\nin which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all awards paid to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis paragraph shall be paid within the one year period beginning on the\ndate that the recipient failed to comply with this condition. A\nrecipient shall not be required to comply with the provisions of this\nparagraph unless he or she shall have received a medical degree and\nuntil he or she shall have completed his or her professional training,\nor active military service, or both. Any obligation to comply with such\nprovisions shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation where compliance would involve\nextreme hardship.\n d. The regents, after consultation with the commissioner of health,\nshall designate those areas of New York state which have a shortage of\nphysicians for the purposes of this subdivision and, should it be\nnecessary in selecting among the applicants, may establish relative\nrankings of those areas.\n e. A recipient of an award shall report annually to the New York state\nhigher education services corporation, on forms prescribed by it, as to\nthe performance of the required services or the recipient's current\nstatus, commencing the calendar year following graduation from medical\nschool and continuing until the recipient shall have completed, or it is\ndetermined he or she shall not be obligated to complete, the required\nservices. The corporation may also require recipient to file a report on\nhis or her current status prior to graduation during any calendar year\nin which an application for an additional award is not filed. If the\nrecipient shall fail to file any report required hereunder within thirty\ndays of written notice to the recipient, mailed to the address shown on\nthe last application for an award or last report filed, whichever is\nlater, the president of the corporation may impose a fine of up to one\nthousand dollars. The president shall have the discretion to waive the\nfiling of a report, excuse a delay in filing, or a failure to file a\nreport, or waive or reduce any fine imposed for good cause shown.\n 5. Regents scholarships for war veterans. Regents scholarships for war\nveterans shall be awarded on a competitive basis, for study beginning\nwith the college year nineteen hundred seventy-five--nineteen hundred\nseventy-six. Six hundred such scholarships shall be awarded in such year\nto veterans of the armed forces of the United States who have served on\nactive duty (other than for training) between October one, nineteen\nhundred sixty-one and March twenty-nine, nineteen hundred seventy-three,\nand who on the date by which applications are required to be submitted\n(a) have been released from such active duty on conditions not other\nthan honorable, or (b) have a qualifying condition, as defined in\nsection one of the veterans' services law, and have received a discharge\nother than bad conduct or dishonorable from such service, or (c) are\ndischarged LGBT veterans, as defined in section one of the veterans'\nservices law, and have received a discharge other than bad conduct or\ndishonorable from such service. Such scholarships shall be allocated to\neach county in the state in the same ratio that the number of legal\nresidents in such county, as determined by the most recent federal\ncensus, bears to the total number of residents in the state; provided,\nhowever, that no county shall be allocated fewer scholarships than such\ncounty received during the year nineteen hundred\nsixty-eight--sixty-nine.\n 6. Regents scholarships in Cornell University. a. Number. Cornell\nUniversity shall grant, on a competitive basis, tuition reducing\nscholarships, to be known as regents scholarships in Cornell University,\nin the total amount of at least thirty thousand dollars each year for\nnew freshman awards. At least one such scholarship shall be awarded\nannually for each senate district of the state.\n b. Amount. Each such scholarship shall entitle the recipient to a\ncredit against tuition in any of the tuition paying divisions of Cornell\nUniversity for four years or five years, depending on the number of\nyears required for the baccalaureate. The tuition credit for each such\nscholarship shall be determined by Cornell University on the basis of\nthe financial status of the scholarship holder as related to the cost of\neducation at such university. No such scholarship shall reduce the\ntuition by less than one hundred dollars nor by more than one thousand\ndollars.\n c. Eligible list. Such scholarships shall be awarded annually by\nCornell University in the order of merit to candidates who meet the\nrequirements for admission to Cornell University and whose names appear\non lists established as the result of competitive examinations prepared\nunder the direction of the commissioner of education. In the award of\nsuch scholarships, preference shall be given, where other qualifications\nare equal, to the children of those who have died in the military\nservice of the United States.\n d. Statewide list. If a scholarship belonging to a senate district\nshall not be claimed by a resident thereof or if there be no resident of\nsuch senate district entitled to such a scholarship, any sum available\nfor a scholarship or scholarships for residents of such senate district,\ntogether with any unexpended balance of the total amount of thirty\nthousand dollars, shall be used to make awards to additional candidates\nin order of merit from a statewide list.\n e. Report. A complete list of the names and addresses of the\nscholarship recipients, and the amount of tuition credit granted to\nthem, shall be filed by Cornell University with the commissioner and the\npresident not later than October first of each year.\n 7. Empire state challenger scholarships for teachers. Empire state\nchallenger scholarships for prospective elementary and secondary school\nteachers of mathematics or science or other fields of teacher shortage\nas identified by the commissioner on or after January first, nineteen\nhundred eighty-six, shall be awarded on a competitive basis as\ndetermined by the commissioner, for study beginning with the college\nyear nineteen hundred eighty-four--eighty-five or thereafter. a.\nTwenty-six such scholarships shall be awarded annually to residents of\neach judicial district as defined in section one hundred forty of the\njudiciary law, who enroll in a registered program for the preparation of\nteachers in such teacher shortage fields at any New York institution of\nhigher education. The commissioner shall to the extent practicable\nensure that recipients of such scholarships include individuals who are\nunrepresented or underrepresented in the respective disciplines.\n b. Within such time as the commissioner by regulations provide, the\nrecipient of an award shall have taught in the field or fields for which\nthe scholarship was awarded in an elementary or secondary school in New\nYork state for that number of months calculated by multiplying by five\nthe number of annual awards granted to the recipient except that a\nrecipient who as of July first, nineteen hundred ninety-three has\nreceived fewer than three annual awards shall be exempt from such\nconditions. If a recipient fails to comply fully with such condition,\nthe president shall be entitled to recover from such recipient an amount\nwhich bears the same ratio to (i) the aggregate of the amount of the\nawards received as (ii) the number of months the recipient failed to\ncomply with this condition bears to the number of months the recipient\nwas obligated to comply with this condition, together with interest at\nten percent per annum computed from the date on which the recipient\ncompleted professional training. Such recovery may be made over such\nperiod of time as is prescribed by the president. Any obligation to\ncomply with such provisions shall be cancelled upon the recipient's\ndeath. The commissioner shall adopt regulations to provide for the\nwaiver or suspension of any financial obligation in whole or in part\nwhere compliance would involve severe hardship. In determining whether\nto grant such waiver or suspension, the commissioner may consider\nwhether the recipient failed to complete the registered program for the\npreparation of teachers or completed such program under financial\nhardship by reason of the discontinuance of funding for the award of\nscholarships pursuant to this subdivision.\n 7-a. New York state math and science teaching incentive program awards\npursuant to section six hundred sixty-nine-d of this title.\n 8. Empire state challenger fellowships for teachers. a. Six hundred\nfifty Empire state challenger fellowships shall be awarded annually in\naccordance with paragraphs b, c and d of this subdivision on a\ncompetitive basis as determined by the commissioner to individuals\nenrolled in a registered graduate program in any New York institution of\nhigher education which leads to permanent certification as a teacher of\nmathematics or science or other fields of teacher shortage as identified\nby the commissioner on or after January first, nineteen hundred\neighty-six. The commissioner shall to the extent practicable ensure that\nrecipients of such fellowships include individuals who are unrepresented\nor underrepresented in the respective disciplines.\n b. A maximum of twenty-five fellowships for full-time study shall be\nreserved for teachers whose positions have been abolished within two\nyears preceding the date of application for a fellowship because of a\ndecline in student enrollment and who are qualified to pursue graduate\nstudy to obtain certification to teach mathematics or science or other\nfields of teacher shortage as identified by the commissioner on or after\nJanuary first, nineteen hundred eighty-six.\n c. A maximum of four hundred twenty-five fellowships for full-time\nstudy shall be reserved for individuals who have earned baccalaureate\ndegrees in mathematics, the physical sciences, the biological sciences,\nengineering or other disciplines related to fields of teacher shortage\nas identified by the commissioner on or after January first, nineteen\nhundred eighty-six but are not eligible for provisional or permanent\ncertification, and who are qualified to pursue graduate study in a\nprogram leading to the degree of master of arts in teaching, or the\nequivalent as determined by the commissioner.\n d. Not less than two hundred fellowships for part-time study shall be\nmade available to persons not receiving a fellowship reserved in\nparagraphs b and c of this subdivision. In the event that there are\nfull-time fellowships reserved under such paragraphs b and c that have\nnot been awarded after awards have been made for all qualified\napplicants, such excess number of fellowships shall be available for\naward as part-time fellowships pursuant to this paragraph.\n e. Within such time as the commissioner shall by regulation provide, a\nrecipient of an award shall have taught in the field or fields for which\nthe fellowship was awarded in an elementary or secondary school in New\nYork state for ten months for a full-time award or for that number of\nmonths calculated by multiplying by five the number of part-time awards\ngranted to the recipient. If a recipient fails to comply fully with such\ncondition, the president shall be entitled to recover from such\nrecipient an amount which bears the same ratio to (i) the aggregate of\nthe amount of the awards received as (ii) the number of months the\nrecipient failed to comply with this condition bears to the number of\nmonths the recipient was obligated to comply with this condition,\ntogether with interest at ten percent per annum computed from the date\non which the recipient completed professional training. Such recovery\nmay be made over such period of time as is prescribed by the president.\nAny obligation to comply with such provisions shall be cancelled upon\nthe recipient's death. The commissioner shall have regulations to\nprovide for the waiver or suspension of any financial obligation in\nwhole or part under this subdivision where compliance would involve\nextreme hardship. In determining whether to grant such waiver or\nsuspension, the commissioner may consider whether the recipient failed\nto complete the registered graduate program leading to permanent\ncertification as a teacher or completed such program under financial\nhardship by reason of the discontinuance of funding for the award of\nfellowships pursuant to this subdivision.\n 9. Regents physician loan forgiveness program. Regents physician loan\nforgiveness awards shall be awarded annually to physicians who agree to\npractice medicine in an area of New York state designated by the regents\nas having a shortage of physicians. Such awards shall be classified and\nallocated in accordance with regents rules.\n a. Eligibility. (1) The applicant must be a resident of New York state\nand licensed to practice medicine.\n (2) The applicant must have completed a professional residency program\nwithin the five years immediately preceding the period for which the\nfirst award would be granted, or be within two years of completion of an\naccredited residency program in a primary care specialty designated in\nshort supply by the board of regents.\n (3) The applicant must agree to practice medicine in an area in New\nYork state designated as having a shortage of physicians. The regents,\nafter consultation with the commissioners of health, corrections and\ncommunity supervision, mental health and developmental disabilities,\nshall designate those regions and facilities of New York state which\nhave a shortage of physicians for the purposes of this section and\nestablish relative rankings thereof.\n b. Selection. The commissioner, in consultation with the commissioner\nof health, shall establish criteria for the selection of participants in\nthe program. An applicant must satisfy at least one of the criteria\nestablished. A priority shall be accorded to any applicant who is\ncompleting the second year of the service requirement and is reapplying\nfor a new award. The criteria shall include but not be limited to the\nfollowing:\n (i) reapplication for a new award by a person who is completing the\nsecond year of a service requirement;\n (ii) receipt of specific training in a primary care specialty or\nobstetrics, determined by the regents to be in short supply;\n (iii) receipt of specific training or experience in serving a shortage\narea;\n (iv) receipt of specific training or experience matching a specific\nmedical need existing in a shortage area; and\n (v) agreement pursuant to subdivision (d) of this section to practice\nin an area determined by the regents to have a severe shortage of\nprimary care physician services.\n c. Notification. (1) The commissioner shall then forward approved\napplications to the president and shall notify unsuccessful applicants;\n (2) The president shall verify the approved applicants':\n (i) eligibility; and\n (ii) total undergraduate and medical school student expense;\n (3) The president shall notify applicants of their award entitlement.\n d. Service requirement. Within such time as the commissioner shall by\nregulation provide, a recipient of an award shall have agreed to\npractice medicine in a specific area designated as having a shortage of\nphysicians for a period of twelve months for each annual payment to be\nreceived by the recipient. Physicians in training who receive an award\nshall not receive credit toward their required service for time spent in\na training program. In no case shall the total number of months of\nservice required be less than twenty-four. The president shall, in\nconsultation with the commissioner, develop and secure from each award\nrecipient, a written agreement to:\n (i) practice medicine in the designated shortage area;\n (ii) to accept Medicare and Medicaid payments; and\n (iii) to provide thirty-five hours per week of direct patient care in\nthe designated shortage area being served, or to the designated\npopulation being served.\nIf a recipient fails to comply fully with such conditions, the president\nshall be entitled to receive from such recipient an amount to be\ndetermined by the formula:\n A = 2B (t-s)\n ---\n t\nin which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all payments made to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis paragraph shall be paid within the five-year period beginning on\nthe date that the recipient failed to comply with this service\ncondition. Nothing in the written agreement shall affect the terms of\nemployment of the individual who shall negotiate, separate and apart\nfrom the program, his or her salary and other forms of employment with\nan agency, institution or a program in which he or she shall be\nemployed.\n Any obligation to comply with such provisions as outlined in this\nsection shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation which would involve extreme\nhardship.\n e. Reporting. A recipient of an award shall report annually to the New\nYork state higher education services corporation, and the department of\nhealth on forms prescribed by the president, as to the performance of\nthe required services, commencing with the calendar year in which the\nrecipient begins to practice medicine in a shortage area and continuing\nuntil the recipient shall have completed, or it is determined that he or\nshe shall not be obligated to complete, the required services. If the\nrecipient shall fail to file any report required hereunder within thirty\ndays of written notice to the recipient, mailed to the address shown on\nthe last application for an award or last report filed, whichever is\nlater, the president of the corporation may impose a fine of up to one\nthousand dollars. The president shall have the discretion to waive the\nfiling of a report, excuse a delay in filing or a failure to file a\nreport, or waive or reduce any fine imposed for good cause shown.\n f. Other awards. Award recipients shall be eligible to apply for one\nadditional award.\n * 10. Regents health care professional opportunity scholarships.\nRegents health care professional opportunity scholarships shall be\nawarded annually to students who are beginning or engaged in an approved\nprogram in medicine or dentistry and who are economically disadvantaged\nand/or members of an underrepresented minority group, provided, however,\nthat to the extent that regents health care professional opportunity\nscholarships are not awarded, such scholarships shall be awarded as\nregents professional opportunity scholarships. These scholarships shall\nbe classified and allocated in accordance with regents rules.\n a. In selecting and certifying scholarship recipients under this\nsubdivision, priority shall be accorded to applicants in the following\norder:\n (1) First, to any applicant who is economically disadvantaged as\ndefined by the regents and a minority historically underrepresented in\nthe profession as determined by the regents after consultation with the\ncouncil on professional career opportunity created by section nine\nhundred forty-one of the executive law;\n (2) Second, to any applicant who is a minority underrepresented in the\nprofession as determined by the regents after consultation with the\ncouncil on professional career opportunity created by section nine\nhundred forty-one of the executive law;\n (3) Third, to any applicant who is a graduate of the state-sponsored\nopportunity program pursuant to section sixty-four hundred fifty-one or\nsixty-four hundred fifty-two of this chapter.\n In the event that there are more applicants who have the same priority\nthan there are remaining scholarships, the commissioner shall distribute\nthe remaining number of such scholarships by means of a lottery or other\nform of random selection.\n b. The commissioner shall then forward approved applications to the\npresident and shall notify unsuccessful applicants.\n c. The president shall notify applicants of their award entitlement.\n d. The president shall, in consultation with the commissioner, develop\nand secure from each successful applicant a written agreement to\npractice medicine or dentistry, as appropriate, in a designated shortage\narea. Within such time as the commissioner shall by regulation provide,\na recipient of an award shall have practiced medicine or dentistry in an\narea designated as having a shortage of physicians or dentists, as\nappropriate, for that number of months calculated by multiplying by\ntwelve the number of annual payments received by the recipient. In no\ncase shall the total number of months of service required be less than\ntwenty-four. If a recipient fails to comply fully with such conditions,\nthe president shall be entitled to receive from such recipient an amount\nto be determined by the formula:\n A = 2B (t-s)\n ---\n t\nin which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all payments made to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis paragraph shall be paid within the five-year period beginning on\nthe date that the recipient failed to comply with this service\ncondition. Nothing in the written agreement shall affect the terms of\nemployment of the individual who shall negotiate, separate and apart\nfrom the program, his or her salary and other forms of employment with\nan agency, institution or a program in which he or she shall be\nemployed.\n Any obligation to comply with such provisions as outlined in this\nsection shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation which would involve extreme\nhardship.\n e. A recipient of an award shall report annually to the New York state\nhigher education services corporation, on forms prescribed by it, as to\nthe performance of the required services, commencing with the calendar\nyear in which the recipient begins to practice medicine or dentistry in\na shortage area and continuing until the recipient shall have completed,\nor it is determined that he or she shall not be obligated to complete,\nthe required services. If the recipient shall fail to file any report\nrequired hereunder within thirty days of written notice to the\nrecipient, mailed to the address shown on the last application for an\naward or last report filed, whichever is later, the president of the\ncorporation may impose a fine of up to one thousand dollars. The\npresident shall have the discretion to waive the filing of a report,\nexcuse a delay in filing or a failure to file a report, or waive or\nreduce any fine imposed for good cause shown.\n * NB Scholarship terminated per ch. 31/85, as amended\n * 11. Regents professional opportunity scholarships. a. Regents\nprofessional opportunity scholarships shall be awarded annually to\nstudents who are beginning or engaged in an approved program leading to\na degree in a profession licensed by the regents or other field\ndesignated by the regents and who are economically disadvantaged and/or\nmembers of an underrepresented minority group. Such scholarships shall\nbe classified and allocated in accordance with regents rules. In\nselecting and certifying scholarship recipients under this subdivision,\npriority shall be accorded to applicants in the following order:\n (1) First, to any applicant who is economically disadvantaged as\ndefined by the regents and a minority historically underrepresented in\nthe profession or field as determined by the regents after consultation\nwith the council on professional career opportunity created by section\nnine hundred forty-one of the executive law;\n (2) Second, to any applicant who is a minority underrepresented in the\nprofession or field determined by the regents after consultation with\nthe council on professional career opportunity created by section nine\nhundred forty-one of the executive law;\n (3) Third, to any applicant who is enrolled in or is a graduate of the\nstate-sponsored opportunity program pursuant to section sixty-four\nhundred fifty-one or sixty-four hundred fifty-two of this chapter.\n In the event that there are more applicants who have the same priority\nthan there are remaining scholarships, the commissioner shall distribute\nthe remaining number of such scholarships by means of a lottery or other\nform of random selection.\n b. The commissioner shall then forward approved applications to the\npresident and shall notify unsuccessful applicants.\n c. The president shall notify applicants of their award entitlement.\n d. Within such time as the commissioner shall by regulation provide, a\nrecipient of an award shall have resided and been employed in a\nprofession or field designated by the regents in New York state for that\nnumber of months calculated by multiplying by twelve the number of\nannual awards received by the recipient. If a recipient fails to comply\nfully with such condition, the state shall be entitled to recover from\nsuch recipient an amount determined by the formula:\n A = 2B (t-s)\n ---\n t\nin which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all awards paid to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis paragraph shall be paid within the five-year period beginning on\nthe date that the recipient failed to comply with this service\ncondition. Nothing in the written agreement shall affect the terms of\nemployment of the individual who shall negotiate, separate and apart\nfrom the program, his or her salary and other forms of employment.\n Any obligation to comply with such provisions as outlined in this\nsection shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation which would involve extreme\nhardship.\n e. A recipient of an award shall report annually to the New York state\nhigher education services corporation, on forms prescribed by it, as to\nthe performance of the required services, until the recipient shall have\ncompleted, or it is determined that he or she shall not be obligated to\ncomplete, the required services. If the recipient shall fail to file any\nreport required hereunder within thirty days of written notice to the\nrecipient, mailed to the address shown on the last application for an\naward or last report filed, whichever is later, the president of the\ncorporation may impose a fine of up to one thousand dollars. The\npresident shall have the discretion to waive the filing of a report,\nexcuse a delay in filing or a failure to file a report, or waive or\nreduce any fine imposed for good cause shown.\n * NB Scholarship terminated per ch. 31/85, as amended\n 12. Empire state scholarships of excellence. One thousand empire state\nscholarships of excellence shall be awarded each year, beginning with\nthe nineteen hundred eighty-six--nineteen hundred eighty-seven academic\nyear to students completing their high school programs who in each\ncounty receive the highest scores on the nationally established\ncompetitive examinations upon which the regents college scholarships are\nbased. The awarded scholarships shall be allocated to each county in the\nstate in the same ratio that the number of students residing in such\ncounty who were graduated from approved high schools in the state during\nthe school year preceding the date of the examination for the award of\nsuch scholarships bears to the total number of students residing in the\nstate who were graduates from approved high schools in the state during\nsuch school year provided that no county shall be allocated less than\ntwo scholarships, except Hamilton county which shall be allocated no\nless than one scholarship. In the event that a scholarship awarded\npursuant to this subdivision is declined by a student, or, for any\nreason, is revoked by the commissioner or the president, its benefits\nshall lapse and there shall be no further payment or reawarding of such\nscholarship.\n