§ 667 — Tuition assistance program awards

§ 667. Tuition assistance program awards. 1. Recipient\nqualifications. Tuition assistance program awards are available for all\nstudents who are enrolled in approved programs and who demonstrate the\nability to complete such courses, in accordance with standards\nestablished by the commissioner provided, however, that no award shall\nbe made unless tuition (exclusive of educational fees) and, if\napplicable, the college fee levied by the state university of New York\npursuant to the April first, nineteen hundred sixty-four financing\nagreements with the New York state dormitory authority charged for the\nprogram in which the student is enrolled total at least two hundred\ndollars a year, and provided further that, no award can exceed one\nhundred percent of the amount of tuition charged.\n 2. Duration. No undergraduate shall be eligible for more than four\nacademic years of study, or five academic years if the program of study\nnormally requires five years. Students enrolled in a program of remedial\nstudy, approved by the commissioner in an institution of higher\neducation and intended to culminate in a degree in undergraduate study\nshall, for purposes of this section, be considered as enrolled in a\nprogram of study normally requiring five years. An undergraduate student\nenrolled in an eligible two year program of study approved by the\ncommissioner shall be eligible for no more than three academic years of\nstudy. An undergraduate student enrolled in an approved two or four-year\nprogram of study approved by the commissioner who must transfer to\nanother institution as a result of permanent college closure shall be\neligible for up to two additional semesters, or their equivalent, to the\nextent credits necessary to complete the student's program of study were\ndeemed non-transferable from the closed institution or were deemed not\napplicable to such student's program of study by the new institution.\nAny semester, quarter, or term of attendance during which a student\nreceives any award under this article, after the effective date of the\nformer scholar incentive program and prior to academic year nineteen\nhundred eighty-nine--nineteen hundred ninety, shall be counted toward\nthe maximum term of eligibility for tuition assistance under this\nsection, except that any semester, quarter or term of attendance during\nwhich a student received an award pursuant to section six hundred\nsixty-six of this subpart shall be counted as one-half of a semester,\nquarter or term, as the case may be, toward the maximum term of\neligibility under this section. Any semester, quarter or term of\nattendance during which a student received an award pursuant to section\nsix hundred sixty-seven-a of this subpart shall not be counted toward\nthe maximum term of eligibility under this section.\n 3. Tuition assistance program awards.\n a. Amount. The president shall make awards to students enrolled in\ndegree-granting institutions or registered not-for-profit business\nschools qualified for tax exemption under § 501(c)(3) of the internal\nrevenue code for federal income tax purposes in the following amounts:\n (i) For each year of undergraduate study, assistance shall be provided\nas computed on the basis of the amount which is the lesser of the\nfollowing:\n (A) (1) In the case of students who have not been granted an exclusion\nof parental income, who have qualified as an orphan, foster child, or\nward of the court for the purposes of federal student financial aid\nprograms authorized by Title IV of the Higher Education Act of 1965, as\namended, or had a dependent for income tax purposes during the tax year\nnext preceding the academic year for which application is made, except\nfor those students who have been granted exclusion of parental income\nwho have a spouse but no other dependent:\n (a) Five thousand dollars, except starting in two thousand\nfourteen-two thousand fifteen such students shall receive five thousand\none hundred sixty-five dollars, and except starting in two thousand\ntwenty-one--two thousand twenty-two and thereafter such students shall\nreceive five thousand six hundred sixty-five dollars, provided however\nthat nothing herein shall be construed as increasing any award made\npursuant to this section for an academic year prior to two thousand\ntwenty-one--two thousand twenty-two; or\n (b) For undergraduate students enrolled in a program of study at a\nnon-public degree-granting institution that does not offer a program of\nstudy that leads to a baccalaureate degree, or at a registered\nnot-for-profit business school qualified for tax exemption under section\n501(c)(3) of the internal revenue code for federal income tax purposes\nthat does not offer a program of study that leads to a baccalaureate\ndegree, four thousand dollars, except starting in two thousand\ntwenty-one--two thousand twenty-two and thereafter such students shall\nreceive four thousand five hundred dollars. Provided, however, that this\nsubitem shall not apply to students enrolled in a program of study\nleading to a certificate or degree in nursing.\n (2) In the case of students receiving awards pursuant to subparagraph\n(iii) of this paragraph and those students who have been granted\nexclusion of parental income who have a spouse but no other dependent\nbeginning in the two thousand twenty-one--two thousand twenty-two\nacademic year and thereafter, three thousand five hundred twenty-five\ndollars, provided that nothing herein shall be construed as increasing\nany award made for any prior academic year; or\n (B) (1) Ninety-five percent of the amount of tuition (exclusive of\neducational fees) charged and, if applicable, the college fee levied by\nthe state university of New York pursuant to the April first, nineteen\nhundred sixty-four financing agreement with the New York state dormitory\nauthority.\n (2) For the two thousand one--two thousand two academic year and\nthereafter one hundred percent of the amount of tuition (exclusive of\neducational fees) charged and, if applicable, the college fee levied by\nthe state university of New York pursuant to the April first, nineteen\nhundred sixty-four financing agreement with the New York state dormitory\nauthority.\n (ii) Except for students as noted in subparagraph (iii) of this\nparagraph, the base amount as determined from subparagraph (i) of this\nparagraph, shall be reduced in relation to income as follows:\nAmount of income Schedule of reduction\n of base amount\n(A) Less than seven thousand None\n dollars\n(B) Seven thousand dollars or Seven per centum of excess\n more, but less than eleven over seven thousand dollars\n thousand dollars\n(C) Eleven thousand dollars or Two hundred eighty dollars\n more, but less than eighteen plus ten per centum of excess\n thousand dollars over eleven thousand dollars\n(D) Eighteen thousand dollars or Nine hundred eighty dollars\n more, but not more than one plus twelve per centum of\n hundred twenty-five excess over eighteen\n thousand dollars thousand dollars\n (iii) (A) For students who have been granted exclusion of parental\nincome and were single with no dependent for income tax purposes during\nthe tax year next preceding the academic year for which application is\nmade, the base amount, as determined in subparagraph (i) of this\nparagraph, shall be reduced in relation to income as follows:\nAmount of income Schedule of reduction\n of base amount\n(1) Less than three thousand None\n dollars\n(2) Three thousand dollars or Thirty-one per centum of\n more, but not more than thirty amount in excess of three\n thousand dollars thousand dollars\n(B) For those students who have been granted exclusion of parental\nincome who have a spouse but no other dependent, for income tax purposes\nduring the tax year next preceding the academic year for which\napplication is made, the base amount, as determined in subparagraph (i)\nof this paragraph, shall be reduced in relation to income as follows:\nAmount of income Schedule of reduction\n of base amount\n(1) Less than seven thousand None\n dollars\n(2) Seven thousand dollars or Seven per centum of excess\n more, but less than eleven over seven thousand dollars\n thousand dollars\n(3) Eleven thousand dollars or Two hundred eighty dollars\n more, but less than eighteen plus ten per centum of excess\n thousand dollars over eleven thousand dollars\n(4) Eighteen thousand dollars or Nine hundred eighty dollars\n more, but not more than sixty plus twelve per centum of\n thousand dollars excess over eighteen\n thousand dollars\n (iv) If the amount of reduction is not a whole dollar, it shall be\nreduced to the next lowest whole dollar. In the case of any student who\nhas received four or more payments pursuant to any and all awards\nprovided for in this subdivision, for the two thousand--two thousand one\nacademic year the base amount shall be reduced by an additional one\nhundred fifty dollars for the two thousand one--two thousand two\nacademic year and thereafter the base amount shall be reduced by an\nadditional one hundred dollars.\n (v) The award shall be the net amount of the base amount determined\npursuant to subparagraph (i) of this paragraph reduced pursuant to\nsubparagraph (ii) or (iii) of this paragraph but the award shall not be\nreduced for the two thousand--two thousand one and two thousand one--two\nthousand two academic years below two hundred seventy-five dollars if\nthe amount of income is eighty thousand dollars or less and more than\nseventy thousand dollars, three hundred twenty-five dollars if the\namount of income is seventy thousand dollars or less and more than sixty\nthousand dollars and four hundred twenty-five dollars if the amount of\nincome is sixty thousand dollars or less.\n (vi) For the two thousand two--two thousand three through two thousand\ntwenty-three--twenty-four academic years, the award shall be the net\namount of the base amount determined pursuant to subparagraph (i) of\nthis paragraph reduced pursuant to subparagraph (ii) or (iii) of this\nparagraph but the award shall not be reduced below five hundred dollars.\n (vii) For the two thousand twenty-four--two thousand twenty-five\nacademic year and thereafter, the award shall be the net amount of the\nbase amount determined pursuant to subparagraph (i) of this paragraph\nreduced pursuant to subparagraph (ii) or (iii) of this paragraph but the\naward shall not be reduced below one thousand dollars.\n b. Amount. The president shall make awards to students enrolled in two\nyear programs offered in registered private business schools except for\nregistered not-for-profit business schools qualified for tax exemption\nunder section 501(c)(3) of the internal revenue code for federal income\ntax purposes in the following amounts:\n (i) For each year of study, assistance shall be provided as computed\non the basis of the amount which is the lesser of the following:\n (A) (1) one thousand three hundred dollars, or\n (2) for students receiving awards pursuant to subparagraph (iii) of\nthis paragraph, one thousand one hundred forty dollars; or\n (B) (1) Ninety-five percent of the amount of tuition (exclusive of\neducational fees) charged.\n (2) For the two thousand one--two thousand two academic year and\nthereafter one hundred percent of the amount of tuition (exclusive of\neducational fees).\n (ii) Except for students as noted in subparagraph (iii) of this\nparagraph, the base amount as determined in subparagraph (i) of this\nparagraph, shall be reduced in relation to income as follows:\nAmount of income Schedule of reduction\n of base amount\n(A) Less than seven thousand None\n dollars\n(B) Seven thousand dollars or Seven per centum of the excess\n more, but less than eleven over seven thousand dollars\n thousand dollars\n (iii) For students who have been granted exclusion of parental income\nand were single with no dependent for income tax purposes during the tax\nyear next preceding the academic year for which application is made, the\nbase amount, as determined in subparagraph (i) of this paragraph, shall\nbe reduced in relation to income as follows:\nAmount of income Schedule of reduction of\n base amount\n(A) Less than three thousand None\n dollars\n(B) Three thousand dollars or Thirty-one per centum of the ex-\n more, but not more than ten cess over three thousand dollars\n thousand dollars\n (iv) If the amount of reduction is not a whole dollar, it shall be\nreduced to the next lowest whole dollar. In the case of any student who\nhas received four or more payments pursuant to any and all awards\nprovided for in this subdivision, for the two thousand--two thousand one\nacademic year the base amount shall be reduced by an additional one\nhundred fifty dollars for the two thousand one--two thousand two\nacademic year and thereafter the base amount shall be reduced by an\nadditional one hundred dollars.\n (v) The award shall be the net amount of the base amount determined\npursuant to subparagraph (i) of this paragraph reduced pursuant to\nsubparagraph (ii) or (iii) of this paragraph but the award shall not be\nreduced below one hundred dollars. If the income exceeds the maximum\namount of income allowable under subparagraph (ii) or (iii) of this\nparagraph, no award shall be made.\n c. Restrictions. In no even shall shall any award:\n (i) be made unless the annual tuition (exclusive of educational fees)\nand, if applicable, the college fee levied by the state university of\nNew York pursuant to the April first, nineteen hundred sixty-four\nfinancing agreement with the New York state dormitory authority charged\nfor the program in which the student is enrolled total at least two\nhundred dollars; or\n (ii) exceed the amount by which such annual tuition (exclusive of\neducational fees) and, if applicable, the college fee levied by the\nstate university of New York pursuant to the April first, nineteen\nhundred sixty-four financing agreement with the New York state dormitory\nauthority exceed the total of all other state, federal, or other\neducational aid that is received or receivable by such student during\nthe school year for which such award is applicable and that, in the\njudgment of the commissioner, would duplicate the purposes of the award;\nor\n (iii) be made when income exceeds the maximum income set forth in this\nsubdivision. The commissioner shall list in his regulations all major\nstate and federal financial aid available to New York state students and\nidentify any forms of aid that are duplicative of the purposes of the\ntuition assistance program. For the purposes of this subdivision,\nneither United States war orphan educational benefits nor benefits under\nthe veterans' readjustment act of nineteen hundred sixty-six shall be\nconsidered as federal or other educational aid.\n