2015 New York Laws
EDN - Education
Title 1 - GENERAL PROVISIONS
Article 14 - NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION
Part 2 - STUDENT FINANCIAL AID
Sub Part 1 - (661 - 665-A) GENERAL PROVISIONS
661 - Eligibility requirements and conditions governing awards and loans.

 661. Eligibility  requirements  and  conditions governing awards and
  loans. 1. Applicability. The  eligibility  requirements  and  conditions
  established  in this section shall apply to all general awards, academic
  performance awards and student loans other  than  education  loans  made
  pursuant to part V of this article.
2.  Application and recipient qualifications. At least annually and at
  such  times  as  the  board  shall  establish,  a  student  and,   where
  applicable,  the parents and spouse of such student seeking aid or loans
  under the provisions of this article, shall submit to the corporation on
  forms it shall establish such information as the board may require.
3. Citizenship. An applicant (a) must  be  a  citizen  of  the  United
  States,  or  (b)  must  be  an  alien  lawfully  admitted  for permanent
  residence in the United States, or (c) must be an individual of a  class
  of  refugees  paroled by the attorney general of the United States under
  his parole authority pertaining to the admission of aliens to the United
  States.
4. Attendance in approved courses of study in  approved  institutions.
  To be eligible to receive payments from the president a student:
a.  Must  be  matriculated  in  an approved program, as defined by the
  commissioner pursuant to article thirteen of this chapter,  or  pursuant
  to  paragraph  b  of this subdivision, in an institution situated in the
  state, which has been approved and operating in this state for at  least
  one  year,  and  has  been approved for participation in federal student
  financial aid programs authorized by Title IV of  the  Higher  Education
  Act  of  1965,  as  amended.  Nothing in this subdivision shall preclude
  payment of an award to a recipient who receives instruction outside  the
  state,  which instruction is conducted by an institution situated in the
  state,  and  is  part  of  the  student's  program  of  study  at   such
  institution;  provided,  however, that nothing in this subdivision shall
  preclude the receipt of a loan pursuant to section six hundred eighty of
  this  article;  provided,   further,   that   students   not   attending
  institutions  eligible  for  participating in federal Title IV financial
  aid programs on or before  July  first,  two  thousand  seven:  (i)  who
  received  their  first  award under this article before the two thousand
  six--two thousand seven academic year shall  be  eligible  for  payments
  until  the end of the two thousand nine--two thousand ten academic year;
  or (ii) who received their first award under this article  for  the  two
  thousand six--two thousand seven academic year through and including the
  two  thousand nine--two thousand ten academic year shall be eligible for
  payments until the  end  of  the  two  thousand  fourteen--two  thousand
  fifteen academic year.
b.  Notwithstanding any other provision of law to the contrary and the
  rules and regulations promulgated pursuant thereto, the president  shall
  make  tuition  assistance program awards available to full-time resident
  undergraduate  students  not  currently  eligible   for   awards   under
  subdivision  three  of  section six hundred sixty-seven of this part and
  who are attending an educational institution in this state that:
(i) is exempt from federal taxation under  section  501(c)(3)  of  the
  Internal Revenue Code; and
(ii) has its headquarters and main campus located within the state and
  is  eligible  for  funds  under  Title IV of the Higher Education Act of
  1965, as amended; and
(iii) is accredited by an  agency  recognized  by  the  United  States
  secretary of education, or by a successor federal agency; and
(iv) enrollment in which institution would render the student eligible
  to  receive a federal Pell grant in accordance with section one thousand
  seventy of title twenty of the United States  code,  et.  seq.  and  the
  regulations promulgated thereunder; and

(v)  provides  a  program of instruction lasting at least three years,
  for which the student is enrolled.
b-1.  Tuition  assistance  program  awards  that are made available to
  students pursuant to paragraph  b  of  this  subdivision  shall  not  be
  awarded if an applicant:
(i) does not meet the citizenship requirements pursuant to subdivision
  three of this section;
(ii)  does  not  meet  the income requirements pursuant to section six
  hundred sixty-three of this subpart;
(iii) does not maintain good academic standing pursuant to paragraph c
  of subdivision six of section six hundred sixty-five  of  this  subpart,
  and  if  there  is  no  applicable  existing academic standards schedule
  pursuant to such subdivision, then such recipient shall be placed on the
  academic  standards  schedule  applicable  to  students  enrolled  in  a
  four-year or five-year undergraduate program;
(iv)  is  in  default in the repayment of any state or federal student
  loan, has failed to comply with  the  terms  of  any  service  condition
  imposed  by an academic performance award made pursuant to this article,
  or has failed to make a refund of any award; or
(v) is incarcerated in any federal, state or other penal institution.
c. Must be in full-time attendance, as defined  by  the  commissioner,
  except  as  otherwise  specifically provided in this article, and, for a
  student having completed his or her second academic year,  must  have  a
  cumulative  C  average  or  its  equivalent. The president may waive the
  requirement that  the  student  have  a  cumulative  C  average  or  its
  equivalent  for  undue hardship based on: (i) the death of a relative of
  the student; (ii) the personal injury or  illness  of  the  student;  or
  (iii) other extenuating circumstances; and
d.  For  students  who  first  receive aid pursuant to this chapter in
  academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
  to academic year two thousand  six--two  thousand  seven,  must  have  a
  certificate  of  graduation from a school providing secondary education,
  or the recognized equivalent of such certificate;  or  have  achieved  a
  passing   score,  as  determined  by  the  United  States  secretary  of
  education, on a federally approved examination which  demonstrates  that
  the student can benefit from the education being offered;
e.  For  students  who  first  receive aid pursuant to this chapter in
  academic  year  two  thousand  six--two  thousand  seven,  must  have  a
  certificate  of  graduation from a recognized school providing secondary
  education within the United States, or the recognized equivalent of such
  certificate, or have been admitted to such institution after receiving a
  passing score on a federally approved ability to benefit test  that  has
  been  independently  administered  and  evaluated,  as  provided  by the
  commissioner;
f. For students who first receive aid  pursuant  to  this  chapter  in
  academic year two thousand seven--two thousand eight or thereafter, must
  have  (i)  a certificate of graduation from a school providing secondary
  education from a state within the United States; or (ii) the  recognized
  equivalent  of  such certificate; or (iii) received a passing score on a
  federally approved ability to benefit test that has been  identified  by
  the  board of regents as satisfying the eligibility requirements of this
  section and has been independently administered and evaluated as defined
  by the commissioner;
g. For students who are disabled as  defined  by  the  Americans  With
  Disability   Act  of  1990,  42  USC  12101,  the  full-time  attendance
  requirement is eliminated. Such disabled students may  be  in  part-time
  attendance,  as  defined  by the commissioner in order to be eligible to
  receive payments from the president.

5. Residence. a. Except as provided in subdivision two of section  six
  hundred  seventy-four,  an  applicant  for an award at the undergraduate
  level of study must either (i) have been a legal resident of  the  state
  for  at  least  one  year  immediately  preceding  the  beginning of the
  semester,  quarter  or  term  of  attendance  for  which application for
  assistance is made, or (ii) be a legal resident of the  state  and  have
  been  a  legal  resident  during  his  last two semesters of high school
  either prior to graduation, or prior to admission to  college.  Provided
  further  that  persons shall be eligible to receive awards under section
  six hundred sixty-eight  or  section  six  hundred  sixty-nine  who  are
  currently legal residents of the state and are otherwise qualified.
b.  An  applicant  for  an  award  at the graduate level of study must
  either (i) have been a legal resident of the state for at least one year
  immediately preceding the beginning of the semester, quarter or term  of
  attendance  for  which  application for assistance is made, or (ii) be a
  legal resident of the state and have been a legal  resident  during  his
  last  academic  year  of  undergraduate study and have continued to be a
  legal resident until matriculation in the graduate program.
c. A student, during  any  period  for  which  he  receives  financial
  support  or  assistance  from a parent or stepparent, or is claimed by a
  parent or stepparent as a dependent for income tax purposes  shall,  for
  the  purposes  of this article, be considered to reside at the residence
  of such parent  or  stepparent,  unless  the  student  submits  evidence
  satisfactory to the president that the student's residence is elsewhere.
d.  If  an  applicant for an award allocated on a geographic basis has
  more than one residence in this state, his residence for the purpose  of
  this  article  shall  be  his place of actual residence during the major
  part  of  the  year  while  attending  school,  as  determined  by   the
  commissioner.
e.  Notwithstanding  any  other  provision  of  this  article  to  the
  contrary, the New  York  state  residency  eligibility  requirement  for
  receipt  of awards is waived for a member, or the spouse or dependent of
  a member, of the armed forces of the United States on  full-time  active
  duty and stationed in this state.
6.  Restrictions. a. All general and academic performance awards shall
  only be used in the manner prescribed by the  commissioner  pursuant  to
  article thirteen of this chapter, for the specific purpose for which the
  awards are made, and no such awards shall be used to obtain professional
  instruction in theology.
b.  A  student  who  is  in  default  on a student loan made under any
  statutory New York state or federal  education  loan  program  shall  be
  ineligible  to  receive any award or loan pursuant to this article until
  the student cures the default status  pursuant  to  applicable  law  and
  regulation.
c.  A  student  who has failed to comply with the terms of any service
  condition imposed by an award made  pursuant  to  this  article  or  has
  failed  to  repay an award made pursuant to this article, as required by
  paragraph a of subdivision four of section  six  hundred  sixty-five  of
  this  subpart, shall be ineligible to receive any award or loan pursuant
  to this article so long as such failure to comply or repay continues.
d. No student who is incarcerated in any federal, state or other penal
  institution shall be eligible for any general  or  academic  performance
  award made pursuant to this article.
7.  Awards  of  student  financial aid. Whenever the corporation gives
  written notification to a student of the amount of student financial aid
  such student will receive under the provisions  of  this  article,  such
  written notification shall be accepted by the institution as a deferment
  against  tuition  charges  pending  the  issuance  of such moneys by the

  corporation, unless: (a) the institution has more  current  or  accurate
  information  on  file  indicating  the  student will receive a different
  amount from that calculated by  the  corporation,  in  which  event  the
  institution's calculated amount shall be accepted as a deferment against
  tuition  charges pending the issuance of such moneys by the corporation,
  or
(b) the institution is waiting for corrections of financial aid  forms
  or  income  verification  which  the  student  has not yet completed, or
  supplied, in which case deferment will not take place until such time as
  the student has completed his or her responsibilities.