Current through Register Vol. 46, No. 12, March 20, 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.