Current through Register Vol. 46, No. 39, September 25, 2024
In order to be eligible for a tuition award for part-time
undergraduate students, notwithstanding the provisions of section
2201.1 of this Title, a recipient
must satisfy the following criteria:
(a) Application. In order to be eligible for
an award under this Part, a recipient must file annually with the institution
of attendance a complete formal application, on a form prescribed by or
acceptable to the president.
(b)
Citizenship. Recipients for awards under this Part must be, at the time of the
commencement of the term for which they are requesting an award, either:
(1) a citizen of the United States;
(2) a permanent resident alien holding an
I-151 alien registration card;
(3)
an individual of a class of refugees paroled by the Attorney General of the
United States under the parole authority pertaining to the admission of aliens
to the United States; or
(4) a
refugee or emergency situation refugee admitted to the United States under
section 201(b) of the Refugee Act of 1980 (8
U.S.C., §
1157).
(c) Residency.
(1) In order to be eligible for an award
under this Part, a recipient must have been a legal resident of New York State
for at least one year preceding the term for which aid is requested, or, if not
a resident for one year preceding the term for which aid is requested, a
recipient must be a legal resident at the time of application and have been a
legal resident for the last two semesters of high school.
(2) The legal residence of a recipient who is
claimed by a parent, stepparent or adoptive parent as a dependent for income
tax purposes shall be considered to be that of the person so claiming, unless
the recipient can establish to the satisfaction of the president that a
separate legal residence within New York State has been established. Residence
in a college-owned housing facility shall not, in itself, establish a separate
legal residence.
(3) Legal
residence within New York State must be maintained for the entire academic
period for which an award is made, and no award may be made for any term
subsequent to the term in which a recipient discontinues permanent New York
residence.
(4) A recipient for an
award who has not been a resident for at least one year immediately preceding
the term for which aid is requested will be considered to satisfy the residency
standard if enlisted in military or domestic volunteer service, a resident of
the State at the time of his entry into such service, and if State residence
was reestablished within six months of the date of discharge.
(d) Income.
(1) For purposes of this Part:
(i) Income shall mean that amount determined
in accordance with subdivisions one and two of section
six hundred
sixty-three of the education law; provided, however,
that if persons required to report income to the corporation did not file an
appropriate New York State income tax return, or if the return did not include
income outside New York State, such persons shall report to the corporation
what income would have been had their total income been subject to New York
State income tax and had such income tax return been filed.
(ii) Family shall mean and include the
recipient, the recipient's spouse, the recipient's natural parents,
stepparents, adoptive parents and the spouse of an adoptive parent.
(2) In the event that a recipient
has claimed a tax dependent or has been claimed as a tax dependent for the
calendar year next preceding the beginning of the academic year for which an
application for an award is made, in order to be eligible, family income shall
not exceed $50,550. In all other events, in order to be eligible, the income of
the recipient, and the recipient's spouse, if any, shall not exceed
$34,250.
(3) For purposes of this
Part, the recipient or any other person whose income is used to determine
eligibility shall be considered married if married on or before December 31st
next preceding the beginning of the academic year for which an application for
an award is made. To be considered for purposes of award determination, any
separation must be by judicial decree or pursuant to an agreement of separation
which is filed with a court of competent jurisdiction. If the parents of a
recipient are separated or divorced, the income of the recipient shall be based
upon the income of that parent with whom the recipient is living, or who
exercises custody if the recipient is a minor, or would exercise custody if the
recipient were a minor, and any appropriate payments for the support of the
recipient from the other party.
(4)
Adjustments for change in circumstances for a recipient for an award under this
Part shall be made in accordance with the provisions of section
2202.3(e) of this
Title.
(e) Enrollment.
In order to be eligible for an award under this Part a recipient must be
matriculated in an approved undergraduate degree program or registered
certificate program and enrolled for at least 3 but less than 12 semester hours
per semester, or at least 4 but less than 8 semester hours per quarter, or the
equivalent as defined by the commissioner.
(f) Good academic standing. The continuation
of eligibility by a recipient for an award under this Part shall require the
recipient to be in good academic standing, as defined by the commissioner
pursuant to article 13 of the Education Law.
(g) Duration. A recipient shall be eligible
for a period not to exceed eight years of part-time undergraduate study or, if
the recipient is enrolled in a program normally requiring five years approved
by the commissioner pursuant to section
145-2.7 of this Title, for a period
not to exceed 10 years of part-time undergraduate study. Recipients enrolled in
a program of remedial study conforming to the provisions of this article,
approved by the commissioner in a degree-granting institution, and intended to
culminate in an undergraduate degree, shall be considered as enrolled in a
program normally requiring five years. Any semester, quarter or term of
attendance during which a student receives an award pursuant to this Part shall
be counted as one half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility for tuition assistance program awards
pursuant to section
667 of the
Education Law. The period of eligibility for an award under this Part shall be
proportionately reduced for each semester, quarter or term of attendance during
which a student receives an award pursuant to section
667 of the
Education Law, or any award which is counted toward the maximum term of
eligibility under that section.
