S T A T E   O F   N E W   Y O R K
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                                  3627

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. SCARBOROUGH, BRENNAN, COLTON, RAMOS, ZEBROWSKI --
  Multi-Sponsored  by  --  M.  of  A.  CAHILL, CLARK, GUNTHER, ROBINSON,
  WRIGHT -- read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to  creating the  "Foster
  care higher education scholarship program"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Foster care higher education scholarship program".
  S  2.  Section  604  of  the  education law is amended by adding a new
subdivision 13 to read as follows:
  13. FOSTER CARE  HIGHER  EDUCATION  SCHOLARSHIP  PROGRAM  PURSUANT  TO
SECTION SIX HUNDRED SIXTY-EIGHT-H OF THIS TITLE.
  S  3.  The  education  law is amended by adding a new section 668-h to
read as follows:
  S  668-H.  FOSTER  CARE  HIGHER  EDUCATION  SCHOLARSHIP  PROGRAM.   1.
PURPOSE. THE PRESIDENT SHALL GRANT SCHOLARSHIP AWARDS FOR THE PURPOSE OF
ENHANCING  OPPORTUNITIES  FOR  HIGHER  EDUCATION  FOR CHILDREN AND YOUNG
ADULTS WHO ARE RECEIVING, OR WHO HAVE RECEIVED, FOSTER CARE SERVICES  IN
NEW  YORK  STATE.  SUCH  SCHOLARSHIP  AWARDS  SHALL BE AVAILABLE FOR THE
TUITION AND NON-TUITION COSTS OF ELIGIBLE STUDENTS ENROLLED IN  APPROVED
UNDERGRADUATE PROGRAMS OR VOCATIONAL TRAINING PROGRAMS.
  2. DEFINITIONS. AS USED IN THIS SECTION, THE TERM:
  (A)  "TUITION"  MEANS THE TOTAL SEMESTER, QUARTER, OR CREDIT HOUR COST
OF INSTRUCTION TO THE STUDENT AS PERIODICALLY PUBLISHED IN THE CATALOGUE
OF THE INSTITUTIONS, SPECIFICALLY EXCLUDING MANDATORY FEES, BOOK  CHARG-
ES, AND ROOM AND BOARD.
  (B)  "NON-TUITION  COST  OF  ATTENDANCE"  MEANS  (I) THE ACTUAL AMOUNT
CHARGED BY THE INSTITUTION FOR ROOM AND BOARD, AND (II) AN ALLOWANCE FOR
TRANSPORTATION, BOOKS AND SUPPLIES AS DETERMINED BY THE PRESIDENT AND AS
APPROVED BY THE DIRECTOR OF THE BUDGET, PROVIDED THAT SUCH DETERMINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08087-01-5
              

A. 3627                             2

SHALL BE MADE NO LATER THAN  DECEMBER FIRST OF EACH YEAR FOR USE IN  THE
SUCCEEDING  ACADEMIC YEAR. IN THE EVENT A STUDENT DOES NOT INCUR ROOM OR
BOARD CHARGES AT THE INSTITUTION, "NON-TUITION COST OF ATTENDANCE" SHALL
MEAN  AN ALLOWANCE FOR ROOM AND BOARD AS DETERMINED BY THE PRESIDENT AND
APPROVED BY THE DIRECTOR OF THE BUDGET. IN DETERMINING ALLOWANCES PURSU-
ANT TO THIS PARAGRAPH, THE PRESIDENT MAY  TAKE  INTO  CONSIDERATION  THE
ALLOWANCES  PROVIDED  FOR  IN THE PELL GRANT PROGRAM PURSUANT TO SECTION
1070-A OF TITLE 20 OF THE UNITED STATES CODE.
  (C) "PART-TIME STUDY" MEANS ENROLLMENT FOR AT  LEAST  THREE  BUT  LESS
THAN  TWELVE  SEMESTER  HOURS  PER  SEMESTER,  OR  THE EQUIVALENT, IN AN
APPROVED UNDERGRADUATE PROGRAM.
  (D) "FULL-TIME STUDY" SHALL MEAN ENROLLMENT FOR AT LEAST TWELVE CREDIT
HOURS PER SEMESTER, OR THE  EQUIVALENT,  IN  AN  APPROVED  UNDERGRADUATE
PROGRAM.
  (E)  "APPROVED  VOCATIONAL  TRAINING PROGRAMS" MEANS IN-STATE PROGRAMS
OFFERED BY AGENCIES APPROVED BY THE COMMISSIONER FOR FUNDING PURSUANT TO
THIS SECTION.  THE  COMMISSIONER  SHALL  APPROVE  ONLY  SUCH  NON-CREDIT
PROGRAMS  WHICH ARE AT LEAST THREE HUNDRED TWENTY CLOCK HOURS IN LENGTH,
AND WHICH MEET STANDARDS OF INSTRUCTIONAL QUALITY ESTABLISHED  IN  REGU-
LATIONS  BY  THE COMMISSIONER. THESE STANDARDS SHALL INCLUDE, BUT NOT BE
LIMITED TO, QUALIFICATIONS OF ADMINISTRATIVE AND  INSTRUCTIONAL  PERSON-
NEL,  QUALITY  OF  FACILITIES  AND  EQUIPMENT, RECORDKEEPING, ADMISSION,
GRADING, ATTENDANCE, AND RECORD OF PLACEMENT OF COMPLETERS  WHICH  MEETS
STANDARDS OF ACCEPTABILITY AS ESTABLISHED BY THE COMMISSIONER.
  3.  ELIGIBILITY.  (A) AN APPLICANT SHALL BE ELIGIBLE FOR A SCHOLARSHIP
AWARD PURSUANT TO THIS SECTION IF, AT THE TIME OF THE  INITIAL  APPLICA-
TION TO THE CORPORATION, THE APPLICANT:
  (1) IS SIXTEEN TO TWENTY-THREE YEARS OF AGE;
  (2)  HAS  RECEIVED  FOSTER  CARE  SERVICES  PURSUANT  TO SECTION THREE
HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW OR ARTICLE TEN  OF  THE
FAMILY  COURT  ACT  FOR  A  PERIOD  OF NINE MONTHS OR MORE FOLLOWING THE
CHILD'S SIXTEENTH BIRTHDAY OR HAS BEEN ADOPTED AFTER THE AGE OF SIXTEEN;
  (3) HAS RECEIVED (I) A CERTIFICATE OF GRADUATION FROM A SCHOOL PROVID-
ING SECONDARY EDUCATION FROM A STATE WITHIN THE UNITED STATES;  OR  (II)
THE RECOGNIZED EQUIVALENT OF SUCH CERTIFICATE; OR (III) RECEIVED A PASS-
ING  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; AND
  (4)  IS  MATRICULATED IN (I) AN APPROVED UNDERGRADUATE PROGRAM OR (II)
AN APPROVED VOCATIONAL TRAINING PROGRAM.  PURSUANT  TO  PARAGRAPH  A  OF
SUBDIVISION  FOUR  OF  SECTION  SIX  HUNDRED SIXTY-ONE OF THIS PART, THE
INSTITUTION OR VOCATIONAL TRAINING PROGRAM SHALL BE ONE  THAT  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.
  (B) APPLICATIONS FOR A SCHOLARSHIP AWARD SHALL BE MADE ON FORMS AND IN
THE MANNER PRESCRIBED BY THE CORPORATION.
  4. AMOUNT. (A) THE PRESIDENT SHALL GRANT ANNUAL  SCHOLARSHIPS  IN  THE
FOLLOWING AMOUNTS:
  (1)  IF  THE RECIPIENT ATTENDS AN UNDERGRADUATE PROGRAM AT AN INSTITU-
TION OF THE CITY UNIVERSITY OF NEW YORK OR AN INSTITUTION OF  THE  STATE
UNIVERSITY  OF  NEW  YORK, THE ANNUAL AWARD SHALL BE AN AMOUNT EQUAL TO:
THE TUITION CHARGED AT THE APPLICABLE INSTITUTION OF THE STATE UNIVERSI-
TY OF NEW YORK OR  THE  CITY  UNIVERSITY  OF  NEW  YORK  PROVIDED  THAT,
NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY, THE TUITION

A. 3627                             3

CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED THAT CHARGED TO STATE RESI-
DENT STUDENTS ATTENDING SUCH INSTITUTION; THE MANDATORY FEES CHARGED  AT
SUCH INSTITUTION; AND THE NON-TUITION COSTS OF ATTENDANCE AT SUCH INSTI-
TUTION  OR  COLLEGE,  PROVIDED  THAT THE SCHOLARSHIP SHALL NOT EXCEED AN
AMOUNT THAT IS EQUAL TO THE TOTAL COSTS  OF  ATTENDANCE  DETERMINED  FOR
FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL OTHER SCHOLAR-
SHIPS  AND  GRANTS PROVIDED BY NEW YORK STATE, OTHER STATES, THE FEDERAL
GOVERNMENT, OR OTHER GOVERNMENTS EXCLUDING  LOANS,  AND  THE  AMOUNT  OF
EDUCATIONAL  BENEFITS  PAID  UNDER  ANY PROGRAM THAT WOULD DUPLICATE THE
PURPOSES OF THIS PROGRAM,  PROVIDED  THAT  ANY  SCHOLARSHIPS  OR  GRANTS
PROVIDED  TO  A  RECIPIENT BY THE INSTITUTION WHICH ARE INTENDED TO FUND
ANY PORTION OF THE DIFFERENCE BETWEEN THE ANNUAL AWARD  AMOUNT  AND  THE
ACTUAL  COSTS OF ATTENDANCE AT ANY SUCH INSTITUTION SHALL NOT BE CONSID-
ERED TO DUPLICATE THE PURPOSES OF THIS PROGRAM.
  (2) IF THE RECIPIENT ATTENDS ANY OTHER APPROVED UNDERGRADUATE  PROGRAM
OR  VOCATIONAL  TRAINING PROGRAM WITHIN NEW YORK STATE, THE ANNUAL AWARD
SHALL BE BASED UPON AN AMOUNT EQUAL TO: THE  TUITION  CHARGED  TO  STATE
RESIDENT  STUDENTS ATTENDING A FOUR-YEAR COLLEGE OF THE STATE UNIVERSITY
OF NEW YORK; THE AVERAGE MANDATORY FEES CHARGED AT FOUR-YEAR COLLEGES OF
THE STATE UNIVERSITY OF NEW YORK, OR THE ACTUAL TUITION AND FEES CHARGED
TO THE RECIPIENT, WHICHEVER IS LESS; AND THE AVERAGE NON-TUITION COST OF
ATTENDANCE, AS DETERMINED BY THE PRESIDENT AND AS APPROVED BY THE DIREC-
TOR OF THE BUDGET, FOR A STUDENT AT THE STATE UNIVERSITY OF NEW YORK  OR
ACTUAL  NON-TUITION COST OF ATTENDANCE AT SUCH INSTITUTION, WHICHEVER IS
LESS, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN AMOUNT  THAT  IS
EQUAL  TO  THE  TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
STUDENT FINANCIAL AID PURPOSES, LESS ALL OTHER SCHOLARSHIPS  AND  GRANTS
PROVIDED  BY  NEW  YORK  STATE, OTHER STATES, THE FEDERAL GOVERNMENT, OR
OTHER GOVERNMENTS EXCLUDING LOANS, AND THE AMOUNT OF  EDUCATIONAL  BENE-
FITS  PAID  UNDER  ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES OF THIS
PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO A  RECIPI-
ENT  BY  THE  INSTITUTION  WHICH ARE INTENDED TO FUND ANY PORTION OF THE
DIFFERENCE BETWEEN THE ANNUAL AWARD  AMOUNT  AND  THE  ACTUAL  COSTS  OF
ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
THE PURPOSES OF THIS PROGRAM.
  (B) NOTHING CONTAINED IN THIS SECTION SHALL MODIFY  OR  ELIMINATE  THE
OBLIGATIONS OF A SOCIAL SERVICES OFFICIAL PURSUANT TO SUBDIVISION TEN OF
SECTION THREE HUNDRED NINETY-EIGHT OF THE SOCIAL SERVICES LAW WHO, FOR A
FOSTER  CHILD  IN ATTENDANCE AT A COLLEGE OR UNIVERSITY AWAY FROM HIS OR
HER FOSTER FAMILY BOARDING HOME, GROUP HOME,  AGENCY  BOARDING  HOME  OR
INSTITUTION, MAKES FOSTER PAYMENTS TO SUCH COLLEGE OR UNIVERSITY IN LIEU
OF  PAYMENT  TO THE FOSTER PARENTS OR AUTHORIZED AGENCY, FOR THE PURPOSE
OF ROOM AND BOARD.
  (C) IN NO EVENT SHALL THE COMBINATION OF  ALL  STUDENT  FINANCIAL  AID
RECEIVED  BY  A STUDENT EXCEED A RECIPIENT'S TOTAL COST OF ATTENDANCE AT
THE INSTITUTION BEING ATTENDED.
  5. ADDITIONAL SERVICES. IF A STUDENT QUALIFYING FOR  THE  FOSTER  CARE
HIGHER  EDUCATION SCHOLARSHIP PROGRAM HAS MATRICULATED IN AN UNDERGRADU-
ATE INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY
OF NEW YORK, OR A NON-PUBLIC INSTITUTION OF HIGHER EDUCATION WHICH OPER-
ATES AN EDUCATION OPPORTUNITY PROGRAM PURSUANT  TO  SECTIONS  SIXTY-FOUR
HUNDRED  FIFTY-ONE  OR SIXTY-FOUR HUNDRED FIFTY-TWO OF THIS CHAPTER, THE
STUDENT SHOULD BE PROVIDED ACCESS TO THE SUPPORT SERVICES PROVIDED UNDER
THIS EDUCATION OPPORTUNITY PROGRAM, INCLUDING REMEDIAL COURSES, DEVELOP-
MENTAL AND COMPENSATORY COURSES AND SUMMER  CLASSES,  SPECIAL  TUTORING,
COUNSELING, AND GUIDANCE SERVICES.

A. 3627                             4

  6. DURATION. (A) NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN EIGHT
SEMESTERS  OF  FULL  TIME UNDERGRADUATE STUDY, OR THE EQUIVALENT OF FOUR
ACADEMIC YEARS, OR, IF AN UNDERGRADUATE PROGRAM NORMALLY  REQUIRES  FIVE
ACADEMIC  YEARS OF FULL-TIME STUDY, FOR MORE THAN TEN SEMESTERS OF FULL-
TIME  STUDY,  OR  THE  EQUIVALENT  OF  FIVE  ACADEMIC  YEARS. RECIPIENTS
ENROLLED IN A PROGRAM OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS  OF
THIS ARTICLE, APPROVED BY THE COMMISSIONER IN A DEGREE GRANTING INSTITU-
TION,  AND  INTENDED  TO  CULMINATE  IN AN UNDERGRADUATE DEGREE SHALL BE
CONSIDERED AS ENROLLED IN A PROGRAM NORMALLY REQUIRING  FIVE  YEARS.  NO
RECIPIENT  ENROLLED  IN  AN  APPROVED  VOCATIONAL TRAINING PROGRAM SHALL
RECEIVE AWARDS FOR MORE THAN FOUR SEMESTERS OF FULL-TIME  STUDY  OR  THE
EQUIVALENT OF TWO ACADEMIC YEARS OF FULL-TIME STUDY.
  (B)  NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN SIXTEEN SEMESTERS
OF PART-TIME UNDERGRADUATE STUDY AS DEFINED IN SUBDIVISION TWO  OF  THIS
SECTION,  OR  THE EQUIVALENT OF EIGHT ACADEMIC YEARS OF PART-TIME STUDY,
OR, IF AN UNDERGRADUATE PROGRAM NORMALLY REQUIRES FIVE ACADEMIC YEARS OF
FULL-TIME STUDY, FOR MORE THAN TWENTY SEMESTERS OF PART-TIME  STUDY,  OR
THE  EQUIVALENT  OF TEN ACADEMIC YEARS. RECIPIENTS ENROLLED IN A PROGRAM
OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS OF THIS CHAPTER, 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. NO  RECIPIENT  ENROLLED  IN  AN
APPROVED  VOCATIONAL TRAINING PROGRAM SHALL RECEIVE AWARDS FOR MORE THAN
EIGHT SEMESTERS OF PART-TIME STUDY OR THE EQUIVALENT  OF  FOUR  ACADEMIC
YEARS OF PART-TIME STUDY.
  7.  REQUIREMENTS.  (A)  EACH  RECIPIENT  OF  AN AWARD PURSUANT TO THIS
SECTION SHALL ENROLL IN  AN  APPROVED  FULL-TIME  OR  PART-TIME  DEGREE,
DIPLOMA  OR  CERTIFICATE  PROGRAM  OR  COURSE OF UNDERGRADUATE STUDY AND
RETAIN SATISFACTORY ACADEMIC STANDING.
  (B) EACH APPLICANT SHALL HAVE COMPLETED THE FOLLOWING AT THE  TIME  OF
APPLICATION: (1) APPLIED FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT
TO  SECTION  SIX  HUNDRED SIXTY-SEVEN OF THIS SUBPART, (2) COMPLETED AND
SUBMITTED A FEDERAL STUDENT AID APPLICATION PURSUANT TO SECTION 1090  OF
THE  UNITED STATES CODE, AND (3) IF ELIGIBLE, APPLIED FOR AN EDUCATIONAL
AND TRAINING VOUCHER PURSUANT TO PARAGRAPH  I  OF  SECTION  677  OF  THE
UNITED  STATES  CODE.  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION FOUR OF
THIS SECTION, WHEN DETERMINING THE ANNUAL AWARD AMOUNT, ANY GRANT AID OR
FINANCIAL ASSISTANCE RECEIVED, EXCLUDING   LOANS, SHALL BE  UTILIZED  TO
OFFSET  THE  TOTAL  COST  OF  ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
STUDENT FINANCIAL AID PURPOSES TO THE MAXIMUM  EXTENT  POSSIBLE,  EXCEPT
THAT  NOTHING  SHALL REQUIRE THAT AID RECEIVED WHICH MAY BE USED TOWARDS
COSTS OTHER THAN TUITION SHALL BE APPLIED TOWARD THE COST OF TUITION.
  8. RULES AND REGULATIONS. THE CORPORATION  IN  CONSULTATION  WITH  THE
COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, SHALL
PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.