Enables certain members of the New York guard to be eligible to receive benefits under the recruitment incentive and retention program.
BILL NUMBER:S1161 REVISED 02/08/11
TITLE OF BILL: An act to amend the education law, in relation to tuition benefits for members of the New York state organized militia
PURPOSE OR GENERAL IDEA OF BILL: Enables certain members of the New York National Guard to be eligible to receive benefits under the Recruitment Incentive and Retention Program.
SUMMARY OF SPECIFIC PROVISIONS: Amends paragraph c of subdivision 2 and subdivision 3 of Section 669-b of the Education Law. This legislation would allow for independent study programs approved by the Regents of the State of New York at Excelsior College to be included as tuition benefits under the Recruitment Incentive and Retention Program.
JUSTIFICATION: Currently Section 669-b of the Education Law predicates that benefits payable under the Recruitment Incentive and Retention Program are for "tuition" costs incurred. This precludes participation in the program by independent study programs at Excelsior College.
Traditional higher education institutions operate by offering "instruction" and charging "tuition" for their services. Independent study programs, however, such as Excelsior college, review the college level work completed by a given student and advise the student what additional course work is required in order to earn the desired college degree. Student payments for these various services are accessed as "fees" rather than "tuition".
This legislation would allow members of the New York National Guard who enroll in Excelsior college the benefits of the Recruitment Incentive and Retention Program.
PRIOR LEGISLATIVE HISTORY: 2009-2010: A.1034/S.400 Remained in the Committees of Higher Education 2007-2008: A.6443/S.3632 Remained in the Committees of Higher Education 2005-2006: A.1394/S.709 Remained in the Committees of Higher Education 2003-2004: A.2734/S.1242 Remained in the Committees of Higher Education 2001-2002: A.9038A/S.5458A Remained in the Committees of Higher Education
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately, with provisions.
STATE OF NEW YORK ________________________________________________________________________ S. 1161 A. 896 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 5, 2011 ___________IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion IN ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to tuition benefits for members of the New York state organized militia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 2 of section 669-b of the educa- tion law, as added by chapter 268 of the laws of 1996, is amended to read as follows: c. The term "tuition" shall mean the total semester, quarter, or classroom hour cost of instruction to the student as periodically published in the catalogue of the institution, specifically excluding mandatory fees, book charges, and room and board, EXCEPT THAT TUITION FOR INDEPENDENT STUDY PROGRAMS OFFERED BY EXCELSIOR COLLEGE AND APPROVED BY THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK SHALL BE CONSTRUED AS INCLUDING CHARGES FOR ENROLLMENT, EXAMINATIONS, AND ADVISE- MENT AND ENROLLMENT SERVICES. S 2. Subdivision 3 of section 669-b of the education law, as added by chapter 268 of the laws of 1996, is amended to read as follows: 3. Notwithstanding the provisions of any other general, special, or local law, rule, or regulation, any active member who has successfully completed advanced individual training or commissioning and other requirements of the division of military and naval affairs for tuition benefit eligibility shall be entitled to the tuition benefit provided by this section upon his or her enrollment in a degree producing curriculum in any institution, OR, IN THE CASE OF AN INDEPENDENT STUDY PROGRAM APPROVED BY THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00385-01-1 S. 1161 2 A. 896
ENROLLMENT IN EXCELSIOR COLLEGE FOR THE PURPOSE OF EARNING CREDIT FOR INDEPENDENT STUDY TOWARD A DEGREE OFFERED BY THE INSTITUTION. S 3. This act shall take effect immediately, provided, however, that the amendments to section 669-b of the education law made by sections one and two of this act shall not affect the repeal of such section and shall be deemed to be repealed therewith.