667 - Tuition assistance program awards.

§ 667. Tuition    assistance    program   awards.       1.   Recipient  qualifications. Tuition assistance program awards are available for  all  students  who  are enrolled in approved programs and who demonstrate the  ability  to  complete  such  courses,  in  accordance   with   standards  established  by  the commissioner provided, however, that no award shall  be  made  unless  tuition  (exclusive  of  educational  fees)  and,   if  applicable,  the  college fee levied by the state university of New York  pursuant to the  April  first,  nineteen  hundred  sixty-four  financing  agreements  with  the New York state dormitory authority charged for the  program in which the student is enrolled  total  at  least  two  hundred  dollars  a  year,  and  provided  further  that, no award can exceed one  hundred percent of the amount of tuition charged.    2. Duration. No undergraduate shall be eligible  for  more  than  four  academic  years of study, or five academic years if the program of study  normally requires five years. Students enrolled in a program of remedial  study,  approved  by  the  commissioner  in  an  institution  of  higher  education  and  intended to culminate in a degree in undergraduate study  shall, for purposes of this section, be  considered  as  enrolled  in  a  program of study normally requiring five years. An undergraduate student  enrolled  in  an  eligible  two  year  program  of study approved by the  commissioner shall be eligible for no more than three academic years  of  study. No graduate student shall be eligible for more than four academic  years  of  study  provided,  however,  that no graduate student shall be  eligible for more  than  one  degree  program  at  the  master's,  first  professional  or  doctorate  level.  No  student shall be eligible for a  total  of  more  than  the  equivalent  of  eight  years   of   combined  undergraduate  and  graduate  study.  Any  semester, quarter, or term of  attendance during which a student receives any award under this article,  after the effective date of the former  scholar  incentive  program  and  prior  to  academic  year nineteen hundred eighty-nine--nineteen hundred  ninety, shall be counted toward the  maximum  term  of  eligibility  for  tuition assistance under this section, except that any semester, quarter  or  term of attendance during which a student received an award pursuant  to section six hundred sixty-six of this article  shall  be  counted  as  one-half  of a semester, quarter or term, as the case may be, toward the  maximum term of eligibility under this section. Any semester, quarter or  term of attendance during which a student received an award pursuant  to  section  six  hundred sixty-seven-a of this article shall not be counted  toward the maximum term of eligibility under this section.    3. Tuition assistance program awards.    a. Amount. The president shall make awards  to  students  enrolled  in  degree-granting   institutions  or  registered  not-for-profit  business  schools qualified for tax exemption under § 501(c)(3)  of  the  internal  revenue code for federal income tax purposes in the following amounts:    (i) For each year of undergraduate study, assistance shall be provided  as  computed  on  the  basis  of  the  amount which is the lesser of the  following:    (A) (1) In the case of students who have not been granted an exclusion  of parental income or had a dependent for income tax purposes during the  tax year next preceding the academic year for which application is made:    (a)  For  students  first  receiving  aid   after   nineteen   hundred  ninety-three--nineteen  hundred ninety-four and before two thousand--two  thousand one, four thousand one hundred twenty-five dollars; or    (b)  For  students   first   receiving   aid   in   nineteen   hundred  ninety-three--nineteen  hundred  ninety-four  or earlier, three thousand  five hundred seventy-five dollars; or    (c) For students first receiving aid in the two thousand--two thousand  one and thereafter, five thousand dollars.(2) In the case of students receiving awards pursuant to  subparagraph  (iii) of this paragraph.    (a)  For  students first receiving aid in nineteen hundred ninety-four  --nineteen     hundred     ninety-five     and     nineteen      hundred  ninety-five--nineteen  hundred ninety-six and thereafter, three thousand  twenty-five dollars, or    (b)  For  students   first   receiving   aid   in   nineteen   hundred  ninety-two--nineteen   hundred   ninety-three   and   nineteen   hundred  ninety-three--nineteen hundred ninety-four, two  thousand  five  hundred  seventy-five dollars, or    (c)   For   students   first   receiving   aid   in  nineteen  hundred  ninety-one--nineteen hundred ninety-two or earlier,  two  thousand  four  hundred fifty dollars; or    (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of  educational fees) charged and, if applicable, the college fee levied  by  the  state  university of New York pursuant to the April first, nineteen  hundred sixty-four financing agreement with the New York state dormitory  authority.    (2) For the two thousand  one--two  thousand  two  academic  year  and  thereafter  one  hundred  percent of the amount of tuition (exclusive of  educational fees) charged and, if applicable, the college fee levied  by  the  state  university of New York pursuant to the April first, nineteen  hundred sixty-four financing agreement with the New York state dormitory  authority.    (ii) Except for students  as  noted  in  subparagraph  (iii)  of  this  paragraph,  the  base amount as determined from subparagraph (i) of this  paragraph, shall be reduced in relation to income as follows:   Amount of income                    Schedule of reduction                                      of base amount   (A) Less than seven thousand        None      dollars  (B) Seven thousand dollars or       Seven per centum of excess      more, but less than eleven      over seven thousand dollars      thousand dollars  (C) Eleven thousand dollars or      Two hundred eighty dollars      more, but less than eighteen    plus ten per centum of excess      thousand dollars                over eleven thousand dollars  (D) Eighteen thousand dollars or    Nine hundred eighty dollars      more, but not more than eighty  plus twelve per centum of      thousand dollars                excess over eighteen                                      thousand dollars     (iii) For students who have been granted exclusion of parental  income  and were single with no dependent for income tax purposes during the tax  year next preceding the academic year for which application is made, the  base  amount, as determined in subparagraph (i) of this paragraph, shall  be reduced in relation to income as follows:   Amount of income                    Schedule of reduction                                      of base amount   (A) Less than three thousand        None      dollars  (B) Three thousand dollars or       Thirty-one per centum of      more, but not more than ten     amount in excess of three      thousand dollars                thousand dollars(iv) If the amount of reduction is not a whole  dollar,  it  shall  be  reduced  to the next lowest whole dollar. In the case of any student who  has received four or more  payments  pursuant  to  any  and  all  awards  provided for in this subdivision, for the two thousand--two thousand one  academic  year  the  base  amount  shall be reduced by an additional one  hundred fifty  dollars  for  the  two  thousand  one--two  thousand  two  academic  year  and  thereafter  the  base amount shall be reduced by an  additional one hundred dollars.    (v) The award shall be the net amount of the  base  amount  determined  pursuant  to  subparagraph  (i)  of  this  paragraph reduced pursuant to  subparagraph (ii) or (iii) of this paragraph but the award shall not  be  reduced for the two thousand--two thousand one and two thousand one--two  thousand  two  academic  years below two hundred seventy-five dollars if  the amount of income is eighty thousand dollars or less  and  more  than  seventy  thousand  dollars,  three  hundred  twenty-five  dollars if the  amount of income is seventy thousand dollars or less and more than sixty  thousand dollars and four hundred twenty-five dollars if the  amount  of  income is sixty thousand dollars or less.    (vi)  For  the  two thousand two--two thousand three academic year and  thereafter, the award shall  be  the  net  amount  of  the  base  amount  determined  pursuant  to  subparagraph  (i)  of  this  paragraph reduced  pursuant to subparagraph (ii) or (iii) of this paragraph but  the  award  shall not be reduced below five hundred dollars.    b. Amount. The president shall make awards to students enrolled in two  year  programs offered in registered private business schools except for  registered not-for-profit business schools qualified for  tax  exemption  under  section 501(c)(3) of the internal revenue code for federal income  tax purposes in the following amounts:    (i) For each year of study, assistance shall be provided  as  computed  on the basis of the amount which is the lesser of the following:    (A) (1) eight hundred dollars, or    (2)  for  students  receiving awards pursuant to subparagraph (iii) of  this paragraph, six hundred forty dollars; or    (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of  educational fees) charged.    (2)  For  the  two  thousand  one--two  thousand two academic year and  thereafter one hundred percent of the amount of  tuition  (exclusive  of  educational fees).    (ii)  Except  for  students  as  noted  in  subparagraph (iii) of this  paragraph, the base amount as determined in  subparagraph  (i)  of  this  paragraph, shall be reduced in relation to income as follows:   Amount of income                    Schedule of reduction                                      of base amount   (A) Less than seven thousand        None      dollars  (B) Seven thousand dollars or       Seven per centum of the excess      more, but less than eleven       over seven thousand dollars      thousand dollars     (C) For students first receiving aid:      (1)   for   the  first  time  in  academic  years  nineteen  hundred    eighty-nine--nineteen     hundred     ninety,     nineteen     hundred    ninety-two--nineteen   hundred   ninety-three   and  nineteen  hundred    ninety-three--nineteen hundred ninety-four:     Amount of income                  Schedule of reduction ofbase amount     Eleven thousand dollars or        Two hundred eighty dollars plus    more but not more than forty-     ten per centum of the excess    two thousand five hundred         over eleven thousand dollars    dollars       (2)   for   the  first  time  in  academic  years  nineteen  hundred    ninety--nineteen     hundred     ninety-one,     nineteen      hundred    ninety-one--nineteen     hundred    ninety-two,    nineteen    hundred    ninety-four--nineteen hundred ninety-five and thereafter:     Amount of income                  Schedule of reduction of                                      base amount     Eleven thousand dollars or        Two hundred eighty dollars plus    more but not more than fifty      ten per centum of the excess    thousand five hundred             over eleven thousand dollars    dollars       (3) for the first time in academic  years  prior  to  academic  year    nineteen hundred eighty-nine--nineteen hundred ninety:     Amount of income                  Schedule of reduction of                                      base amount     Eleven thousand dollars or        Two hundred eighty dollars plus    more but not more than thirty-    ten per centum of the excess over    four thousand two hundred fifty   eleven thousand dollars    dollars       (iii)  For  students  who  have  been  granted exclusion of parental    income and were single with  no  dependent  for  income  tax  purposes    during  the  tax  year  next  preceding  the  academic  year for which    application is made, the base amount, as  determined  in  subparagraph    (i)  of  this  paragraph,  shall  be  reduced in relation to income as    follows:     Amount of income                  Schedule of reduction of                                      base amount     (A) Less than three thousand      None      dollars    (B) Three thousand dollars or     Thirty-one per centum of the ex-      more, but not more than ten     cess over three thousand dollars      thousand dollars       (iv) If the amount of reduction is not a whole dollar, it  shall  be    reduced  to  the  next lowest whole dollar. In the case of any student    who has received four or more payments pursuant to any and all  awards    provided  for  in this subdivision, for the two thousand--two thousand    one academic year the base amount shall be reduced  by  an  additional    one  hundred  fifty dollars for the two thousand one--two thousand two    academic year and thereafter the base amount shall be  reduced  by  an    additional one hundred dollars.      (v)  The award shall be the net amount of the base amount determined    pursuant to subparagraph (i) of this  paragraph  reduced  pursuant  to    subparagraph  (ii)  or (iii) of this paragraph but the award shall notbe reduced below one  hundred  dollars.  If  the  income  exceeds  the    maximum amount of income allowable under subparagraph (ii) or (iii) of    this paragraph, no award shall be made.      c.  Amount.  The president shall make awards to graduate students in    the following amounts:      (i) For each year of graduate study, assistance shall be provided as    computed on the basis of  the  amount  which  is  the  lesser  of  the    following:      (A) Five hundred fifty dollars; or      (B)  (1)  Ninety-five percent of the amount of tuition (exclusive of    education fees) charged.      (2) For the two thousand one--two thousand  two  academic  year  and    thereafter  one hundred percent of the amount of tuition (exclusive of    educational fees).      (ii) Except for students as noted  in  subparagraph  (iii)  of  this    paragraph,  the  base amount as determined in subparagraph (i) of this    paragraph, shall be reduced in relation to income as follows:     Amount of income                     Schedule of reduction of                                         base amount     (A) Less than two thousand           None      dollars    (B) Two thousand dollars or more,    Seven and seven-tenths      but not more than twenty thou-     per centum of the excess over two      sand dollars                       thousand dollars       (iii) For students who  have  been  granted  exclusion  of  parental    income  and  were  single  with  no  dependent for income tax purposes    during the tax  year  next  preceding  the  academic  year  for  which    application is made, the base amount as determined in subparagraph (i)    of this paragraph, shall be reduced in relation to income as follows:     Amount of income                  Schedule of reduction                                      of base amount    (A) Less than one thousand        None      dollars    (B) One thousand dollars or       Twenty-six per centum of the excess      more, but not more than five    over one thousand dollars      thousand six hundred sixty-      six dollars       (iv)  If  the amount of reduction is not a whole dollar, it shall be    reduced to the next lowest whole dollar.      (v) The award shall be the net amount of the base amount  determined    pursuant to subparagraph (ii) or (iii) of this paragraph but the award    shall not be reduced below seventy-five dollars. If the income exceeds    the  maximum  amount  of  income  allowable under subparagraph (ii) or    (iii) of this paragraph, no award shall be made.      d. Restrictions. In no even shall shall any award:      (i) be made unless the  annual  tuition  (exclusive  of  educational    fees)  and,  if  applicable,  the  college  fee  levied  by  the state    university of New York pursuant to the April first,  nineteen  hundred    sixty-four  financing  agreement  with  the  New  York state dormitory    authority charged for the program in which  the  student  is  enrolled    total at least two hundred dollars; or      (ii)  exceed  the  amount by which such annual tuition (exclusive of    educational fees) and, if applicable, the college fee  levied  by  thestate  university  of  New  York pursuant to the April first, nineteen    hundred  sixty-four  financing  agreement  with  the  New  York  state    dormitory  authority  exceed the total of all other state, federal, or    other  educational  aid that is received or receivable by such student    during the school year for which such award is applicable and that, in    the judgment of the commissioner, would duplicate the purposes of  the    award; or      (iii)  be  made  when income exceeds the maximum income set forth in    this subdivision. The commissioner shall list in his  regulations  all    major  state  and  federal  financial  aid available to New York state    students and identify any forms of aid that  are  duplicative  of  the    purposes  of  the tuition assistance program. For the purposes of this    subdivision, neither United States war orphan educational benefits nor    benefits under the veterans'  readjustment  act  of  nineteen  hundred    sixty-six shall be considered as federal or other educational aid.