§ 669-A — Veterans tuition awards program

§ 669-a. Veterans tuition awards program. 1. As used in this section,\nthe following terms shall have the following meanings:\n a. "Vietnam veteran" means (i) a person who is a resident of this\nstate, (ii) who served in the armed forces of the United States in\nIndochina at any time from the first day of November, nineteen hundred\nfifty-five, to and including the seventh day of May, nineteen hundred\nseventy-five, and (iii) who was either discharged therefrom under\nhonorable conditions, including but not limited to honorable discharge,\ndischarge under honorable conditions, or general discharge, or has a\nqualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service.\n b. "Persian Gulf veteran" means (i) a person who is a resident of this\nstate (ii) who served in the armed forces of the United States in the\nhostilities that occurred in the Persian Gulf from the second day of\nAugust, nineteen hundred ninety through the end of such hostilities, and\n(iii) who was either discharged therefrom under honorable conditions,\nincluding but not limited to honorable discharge, discharge under\nhonorable conditions, or general discharge, or has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or is a discharged LGBT veteran, as defined in section one\nof the veterans' services law, and has received a discharge other than\nbad conduct or dishonorable from such service.\n c. "Afghanistan veteran" means (i) a person who is a resident of this\nstate (ii) who served in the armed forces of the United States in the\nhostilities that occurred in Afghanistan from the eleventh day of\nSeptember, two thousand one, to the end of such hostilities, and (iii)\nwho was either discharged therefrom under honorable conditions,\nincluding but not limited to honorable discharge, discharge under\nhonorable conditions, or general discharge, or has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or is a discharged LGBT veteran, as defined in section one\nof the veterans' services law, and has received a discharge other than\nbad conduct or dishonorable from such service.\n d. "Other eligible veteran" means: an individual who (i) is a resident\nof this state, (ii) served in the armed forces of the United States (1)\non active duty for at least four years, or (2) in hostilities that\noccurred after February twenty-eighth, nineteen hundred sixty-one, as\nevidenced by their receipt of an Armed Forces Expeditionary Medal, Navy\nExpeditionary Medal, or Marine Corps Expeditionary Medal, and (iii) was\neither discharged under honorable conditions, including but not limited\nto honorable discharge, discharge under honorable conditions, or general\ndischarge, or has a qualifying condition, as defined in section one of\nthe veterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, or is a discharged LGBT\nveteran, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service.\n e. "Part time study" means enrollment for at least three but less than\ntwelve semester hours per semester, or the equivalent, in an approved\nundergraduate or graduate program.\n f. "Approved vocational training programs" means programs offered by\nagencies approved by the commissioner for funding pursuant to this\nsection. The commissioner shall approve only such non-credit programs\nwhich are at least three hundred twenty clock hours in length, and which\nmeet standards of instructional quality established in regulations by\nthe commissioner. These standards shall include, but not be limited to,\nqualifications of administrative and instructional personnel, quality of\nfacilities and equipment, recordkeeping, admission, grading, attendance,\nand record of placement of completers which meets standards of\nacceptability as established by the commissioner.\n * g. "Eligible immediate family" means a person who is the spouse,\nchild or survivor of a qualified veteran, and who resides in this state.\n * NB Effective July 1, 2026\n * h. "Qualified veteran" means a veteran who would be eligible to\nreceive a tuition award if such veteran satisfied the enrollment and\napplication requirements set forth in paragraph a of subdivision two of\nthis section.\n * NB Effective July 1, 2026\n * i. "Survivor" means a person who: (i) was married to a qualified\nveteran who died as a result of military service; or (ii) was married to\nthe qualified veteran within fifteen years of their discharge from\nmilitary service in which the cause of death, disease or injury started\nor was aggravated; or (iii) was married to the veteran for at least one\nyear; or (iv) had a child with the qualified veteran and lived together\nwith the veteran continuously until the veteran's death or, if\nseparated, was not at fault for the separation.\n * NB Effective July 1, 2026\n 2. a. Tuition awards are available for all Vietnam, Persian Gulf,\nAfghanistan and other eligible veterans, as defined in subdivision one\nof this section, who are enrolled, pursuant to paragraph a of\nsubdivision four of section six hundred sixty-one of this part, in\napproved undergraduate or graduate programs at degree granting\ninstitutions or enrolled in approved vocational training programs and\nwho apply for a tuition assistance program award, for up to the\nequivalent of eight full-time semesters, pursuant to section six hundred\nsixty-seven of this subpart.\n b. Eligibility for awards under this section shall be established as\nof the date the application is received by the corporation. All eligible\nrecipients shall receive an award in an amount as set forth in\nsubdivision four of this section.\n 3. a. No recipient shall receive awards for more than eight semesters\nof full time undergraduate study, or the equivalent of four academic\nyears, or, if an undergraduate program normally requires five academic\nyears of full time study, for more than ten semesters of full time\nstudy, or the equivalent of five academic years. Recipients enrolled in\na program of remedial study conforming to the provisions of this\narticle, approved by the commissioner in a degree granting institution,\nand intended to culminate in an undergraduate degree shall be considered\nas enrolled in a program normally requiring five years. No recipient\nenrolled in an approved vocational training program shall receive awards\nfor more than four semesters of full-time study or the equivalent of two\nacademic years of full-time study.\n b. No recipient shall receive awards for more than sixteen semesters\nof part time undergraduate study as defined in subdivision one, or the\nequivalent of eight academic years of part time study, or, if an\nundergraduate program normally requires five academic years of full time\nstudy, for more than twenty semesters of part time study, or the\nequivalent of ten academic years. Recipients enrolled in a program of\nremedial study conforming to the provisions of this chapter, approved by\nthe commissioner in a degree granting institution, and intended to\nculminate in an undergraduate degree shall be considered as enrolled in\na program normally requiring five years. No recipient enrolled in an\napproved vocational training program shall receive awards for more than\neight semesters of part-time study or the equivalent of four academic\nyears of part-time study.\n c. No recipient shall receive awards for more than six semesters of\nfull time study, or the equivalent of three academic years, for graduate\nstudy. No recipient shall receive awards for more than twelve semesters\nof part time graduate study as defined in subdivision one of this\nsection, or the equivalent of six academic years of part time graduate\nstudy.\n 4. Every recipient shall receive an award equal to the amount of\nundergraduate tuition for residents of New York state charged by the\nstate university of New York or actual tuition charged, whichever is\nless, for each semester, or the equivalent, of full time study, or a\npro-rated amount for part-time study; provided, however, that such award\nshall not be reduced by any benefits available under the federal\nMontgomery GI Bill act of 1984 or the federal Pell grant program\npursuant to section one thousand seventy-a of title twenty of the United\nStates code.\n * 5. a. A qualified veteran who would be eligible to receive a tuition\naward if such veteran satisfied the enrollment and application\nrequirements set forth in paragraph a of subdivision two of this\nsection, but has not utilized such tuition award, may elect to transfer\nall or a portion of the tuition award to an eligible immediate family\nmember or members.\n b. A qualified veteran who elects to transfer their award shall\ndesignate the eligible immediate family member or members to whom such\naward is being transferred, including the number of semesters. Such\ndesignation shall be made on a form prescribed by the president, shall\nbe appended to the application specified in subdivision two of this\nsection, and the president shall make the form and relevant information\nof this section available on the corporation's website.\n c. A child to whom a tuition award is transferred under this\nsubdivision shall be under twenty-six years of age. Such child shall not\ncommence the use of a tuition award transferred under this subdivision\nunless the qualified veteran has served in the armed forces of the\nUnited States for at least ten years, except where such qualified\nveteran did not complete such service requirement due to:\n (i) the qualified veteran's death;\n (ii) discharge or release for a medical condition that pre-existed\nservice;\n (iii) discharge or release for hardship;\n (iv) discharge or release for a physical or mental condition, not a\ndisability, that did not result from their willful misconduct but did\ninterfere with their performance of duty;\n (v) discharge for a disability;\n (vi) discharge for a reduction in force; or\n (vii) involuntary force shaping.\n d. The tuition award transfers designated by a qualified veteran\npursuant to this subdivision shall not exceed the award available to\nsuch veteran under this section.\n e. The number of tuition award transfers under this subdivision shall\nnot exceed one hundred per year.\n * NB Effective July 1, 2026\n