§ 661 — Eligibility requirements and conditions governing awards and loans

§ 661. Eligibility requirements and conditions governing awards and\nloans. 1. Applicability. The eligibility requirements and conditions\nestablished in this section shall apply to all general awards, academic\nperformance awards and student loans other than education loans made\npursuant to part V of this article.\n 2. Application and recipient qualifications. At least annually and at\nsuch times as the board shall establish, a student and, where\napplicable, the parents and spouse of such student seeking aid or loans\nunder the provisions of this article, shall submit to the corporation on\nforms it shall establish such information as the board may require.\n 4. Attendance in approved courses of study in approved institutions.\nTo be eligible to receive payments from the president a student:\n a. Must be matriculated in an approved program, as defined by the\ncommissioner pursuant to article thirteen of this chapter, or pursuant\nto paragraph b of this subdivision, in an institution situated in the\nstate, which has been approved and operating in this state for at least\none year, and has been approved for participation in federal student\nfinancial aid programs authorized by Title IV of the Higher Education\nAct of 1965, as amended. Nothing in this subdivision shall preclude\npayment of an award to a recipient who receives instruction outside the\nstate, which instruction is conducted by an institution situated in the\nstate, and is part of the student's program of study at such\ninstitution; provided, however, that nothing in this subdivision shall\npreclude the receipt of a loan pursuant to section six hundred eighty of\nthis article; provided, further, that students not attending\ninstitutions eligible for participating in federal Title IV financial\naid programs on or before July first, two thousand seven: (i) who\nreceived their first award under this article before the two thousand\nsix--two thousand seven academic year shall be eligible for payments\nuntil the end of the two thousand nine--two thousand ten academic year;\nor (ii) who received their first award under this article for the two\nthousand six--two thousand seven academic year through and including the\ntwo thousand nine--two thousand ten academic year shall be eligible for\npayments until the end of the two thousand fourteen--two thousand\nfifteen academic year.\n b. Notwithstanding any other provision of law to the contrary and the\nrules and regulations promulgated pursuant thereto, the president shall\nmake tuition assistance program awards available to full-time resident\nundergraduate students not currently eligible for awards under\nsubdivision three of section six hundred sixty-seven of this part and\nwho are attending an educational institution in this state that:\n (i) is exempt from federal taxation under section 501(c)(3) of the\nInternal Revenue Code; and\n (ii) has its headquarters and main campus located within the state and\nis eligible for funds under Title IV of the Higher Education Act of\n1965, as amended; and\n (iii) is accredited by an agency recognized by the United States\nsecretary of education, or by a successor federal agency; and\n (iv) enrollment in which institution would render the student eligible\nto receive a federal Pell grant in accordance with section one thousand\nseventy of title twenty of the United States code, et. seq. and the\nregulations promulgated thereunder; and\n (v) provides a program of instruction lasting at least three years,\nfor which the student is enrolled.\n b-1. Tuition assistance program awards that are made available to\nstudents pursuant to paragraph b of this subdivision shall not be\nawarded if an applicant:\n (i) does not meet the citizenship requirements pursuant to subdivision\nthree of this section;\n (ii) does not meet the income requirements pursuant to section six\nhundred sixty-three of this subpart;\n (iii) does not maintain good academic standing pursuant to paragraph c\nof subdivision six of section six hundred sixty-five of this subpart,\nand if there is no applicable existing academic standards schedule\npursuant to such subdivision, then such recipient shall be placed on the\nacademic standards schedule applicable to students enrolled in a\nfour-year or five-year undergraduate program; or\n (iv) is in default in the repayment of any state or federal student\nloan, has failed to comply with the terms of any service condition\nimposed by an academic performance award made pursuant to this article,\nor has failed to make a refund of any award.\n c. Must be in full-time attendance, as defined by the commissioner,\nexcept as otherwise specifically provided in this article, and, for a\nstudent having completed his or her second academic year, must have a\ncumulative C average or its equivalent. The president may waive the\nrequirement that the student have a cumulative C average or its\nequivalent for undue hardship based on: (i) the death of a relative of\nthe student; (ii) the personal injury or illness of the student; or\n(iii) other extenuating circumstances; and\n d. For students who first receive aid pursuant to this chapter in\nacademic year nineteen hundred ninety-six--nineteen hundred ninety-seven\nto academic year two thousand six--two thousand seven, must have a\ncertificate of graduation from a school providing secondary education,\nor the recognized equivalent of such certificate; or have achieved a\npassing score, as determined by the United States secretary of\neducation, on a federally approved examination which demonstrates that\nthe student can benefit from the education being offered;\n e. For students who first receive aid pursuant to this chapter in\nacademic year two thousand six--two thousand seven, must have a\ncertificate of graduation from a recognized school providing secondary\neducation within the United States, or the recognized equivalent of such\ncertificate, or have been admitted to such institution after receiving a\npassing score on a federally approved ability to benefit test that has\nbeen independently administered and evaluated, as provided by the\ncommissioner;\n * f. For students who first receive aid pursuant to this chapter in\nacademic year two thousand seven--two thousand eight or thereafter, must\nhave (i) a certificate of graduation from a school providing secondary\neducation from a state within the United States; or (ii) the recognized\nequivalent of such certificate; or (iii) received a passing score on a\nfederally approved ability to benefit test that has been identified by\nthe board of regents as satisfying the eligibility requirements of this\nsection and has been independently administered and evaluated as defined\nby the commissioner;\n * NB Effective until March 5, 2026\n * f. For students who first receive aid pursuant to this chapter in\nacademic year two thousand seven--two thousand eight or thereafter, must\nhave (i) a certificate of graduation from a school providing secondary\neducation from a state within the United States; or (ii) the recognized\nequivalent of such certificate; or (iii) received a passing score on a\nfederally approved ability to benefit test that has been identified by\nthe board of regents as satisfying the eligibility requirements of this\nsection and has been independently administered and evaluated as defined\nby the commissioner; or (iv) received a high school diploma, or the\nequivalent thereof, from an online high school program located within\nthe United States that is accredited in accordance with paragraph four\nof appendix three hundred two of the Job Corps Policy and Requirements\nHandbook (Guidelines for the Ongoing Quality Monitoring of Job Corps\nHigh School Diploma (HSD) Programs), as amended from time to time;\n * NB Effective March 5, 2026\n g. For students who are disabled as defined by the Americans With\nDisability Act of 1990, 42 USC 12101, the full-time attendance\nrequirement is eliminated. Such disabled students may be in part-time\nattendance, as defined by the commissioner in order to be eligible to\nreceive payments from the president.\n 5. Residence. a. (i) Except as provided in subdivision two of section\nsix hundred seventy-four of this part and subparagraph (ii) of this\nparagraph, an applicant for an award at the undergraduate level of study\nmust either (a) have been a legal resident of the state for at least one\nyear immediately preceding the beginning of the semester, quarter or\nterm of attendance for which application for assistance is made, or (b)\nbe a legal resident of the state and have been a legal resident during\nhis last two semesters of high school either prior to graduation, or\nprior to admission to college. Provided further that persons shall be\neligible to receive awards under section six hundred sixty-eight or\nsection six hundred sixty-nine of this part who are currently legal\nresidents of the state and are otherwise qualified.\n (ii) An applicant who is not a legal resident of the state eligible\npursuant to subparagraph (i) of this paragraph, but is a United States\ncitizen, a permanent lawful resident, an individual who is granted U or\nT non-immigrant status pursuant to the Victims of Trafficking and\nViolence Protection Act of 2000, a person granted temporary protected\nstatus pursuant to the Federal Immigration Act of 1990, an individual of\na class of refugees paroled by the attorney general of the United States\nunder his or her parole authority pertaining to the admission of\nnoncitizens to the United States, or an applicant without lawful\nimmigration status shall be eligible for an award at the undergraduate\nlevel of study provided that the student:\n (a) attended a registered New York state high school for two or more\nyears, graduated from a registered New York state high school and\napplied for attendance at the institution of higher education for the\nundergraduate study for which an award is sought within five years of\nreceiving a New York state high school diploma; or\n (b) attended an approved New York state program for a state high\nschool equivalency diploma, received a state high school equivalency\ndiploma and applied for attendance at the institution of higher\neducation for the undergraduate study for which an award is sought\nwithin five years of receiving a state high school equivalency diploma;\nor\n (c) is otherwise eligible for the payment of tuition and fees at a\nrate no greater than that imposed for resident students of the state\nuniversity of New York, the city university of New York or community\ncolleges as prescribed in subparagraph eight of paragraph h of\nsubdivision two of section three hundred fifty-five or paragraph (a) of\nsubdivision seven of section sixty-two hundred six of this chapter.\n Provided, further, that a student without lawful immigration status\nshall also be required to file an affidavit with such institution of\nhigher education stating that the student has filed an application to\nlegalize his or her immigration status, or will file such an application\nas soon as he or she is eligible to do so.\n b. (i) Except as otherwise provided in subparagraph (ii) of this\nparagraph, an applicant for an award at the graduate level of study must\neither (a) have been a legal resident of the state for at least one year\nimmediately preceding the beginning of the semester, quarter or term of\nattendance for which application for assistance is made, or (b) be a\nlegal resident of the state and have been a legal resident during his\nlast academic year of undergraduate study and have continued to be a\nlegal resident until matriculation in the graduate program.\n (ii) An applicant who is not a legal resident of the state eligible\npursuant to subparagraph (i) of this paragraph, but is a United States\ncitizen, a permanent lawful resident, an individual who is granted U or\nT non-immigrant status pursuant to the Victims of Trafficking and\nViolence Protection Act of 2000, a person granted temporary protected\nstatus pursuant to the Federal Immigration Act of 1990, an individual of\na class of refugees paroled by the attorney general of the United States\nunder his or her parole authority pertaining to the admission of\nnoncitizens to the United States, or an applicant without lawful\nimmigration status shall be eligible for an award at the graduate level\nof study provided that the student:\n (a) attended a registered approved New York state high school for two\nor more years, graduated from a registered New York state high school\nand applied for attendance at the institution of higher education for\nthe graduate study for which an award is sought within ten years of\nreceiving a New York state high school diploma; or\n (b) attended an approved New York state program for a state high\nschool equivalency diploma, received a state high school equivalency\ndiploma and applied for attendance at the institution of higher\neducation for the graduate study for which an award is sought within ten\nyears of receiving a state high school equivalency diploma; or\n (c) is otherwise eligible for the payment of tuition and fees at a\nrate no greater than that imposed for resident students of the state\nuniversity of New York, the city university of New York or community\ncolleges as prescribed in subparagraph eight of paragraph h of\nsubdivision two of section three hundred fifty-five or paragraph (a) of\nsubdivision seven of section sixty-two hundred six of this chapter.\n Provided, further, that a student without lawful immigration status\nshall also be required to file an affidavit with such institution of\nhigher education stating that the student has filed an application to\nlegalize his or her immigration status, or will file such an application\nas soon as he or she is eligible to do so.\n c. A student, during any period for which he receives financial\nsupport or assistance from a parent or stepparent, or is claimed by a\nparent or stepparent as a dependent for income tax purposes shall, for\nthe purposes of this article, be considered to reside at the residence\nof such parent or stepparent, unless the student submits evidence\nsatisfactory to the president that the student's residence is elsewhere.\n d. If an applicant for an award allocated on a geographic basis has\nmore than one residence in this state, his or her residence for the\npurpose of this article shall be his or her place of actual residence\nduring the major part of the year while attending school, as determined\nby the commissioner; and further provided that an applicant who does not\nhave a residence in this state and is eligible for an award pursuant to\nsubparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of\nthis subdivision shall be deemed to reside in the geographic area of the\ninstitution of higher education in which he or she attends for purposes\nof an award allocated on a geographic basis.\n e. Notwithstanding any other provision of this article to the\ncontrary, the New York state eligibility requirements for receipt of\nawards set forth in paragraphs a and b of this subdivision are waived\nfor a member, or the spouse or dependent of a member, of the armed\nforces of the United States on full-time active duty and stationed in\nthis state.\n 6. Restrictions. a. All general and academic performance awards shall\nonly be used in the manner prescribed by the commissioner pursuant to\narticle thirteen of this chapter, for the specific purpose for which the\nawards are made, and no such awards shall be used to obtain professional\ninstruction in theology.\n b. A student who is in default on a student loan made under any\nstatutory New York state or federal education loan program shall be\nineligible to receive any award or loan pursuant to this article until\nthe student cures the default status pursuant to applicable law and\nregulation.\n c. A student who has failed to comply with the terms of any service\ncondition imposed by an award made pursuant to this article or has\nfailed to repay an award made pursuant to this article, as required by\nparagraph a of subdivision four of section six hundred sixty-five of\nthis subpart, shall be ineligible to receive any award or loan pursuant\nto this article so long as such failure to comply or repay continues.\n 7. Awards of student financial aid. Whenever the corporation gives\nwritten notification to a student of the amount of student financial aid\nsuch student will receive under the provisions of this article, such\nwritten notification shall be accepted by the institution as a deferment\nagainst tuition charges pending the issuance of such moneys by the\ncorporation, unless: (a) the institution has more current or accurate\ninformation on file indicating the student will receive a different\namount from that calculated by the corporation, in which event the\ninstitution's calculated amount shall be accepted as a deferment against\ntuition charges pending the issuance of such moneys by the corporation,\nor\n (b) the institution is waiting for corrections of financial aid forms\nor income verification which the student has not yet completed, or\nsupplied, in which case deferment will not take place until such time as\nthe student has completed his or her responsibilities.\n