S T A T E   O F   N E W   Y O R K
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                                  4428

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. SCARBOROUGH, N. RIVERA, TITUS, DINOWITZ, PERRY --
  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
SHALL  BE MADE NO LATER THAN  DECEMBER FIRST OF EACH YEAR FOR USE IN THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03594-01-1
              

A. 4428                             2

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
CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED THAT CHARGED TO STATE RESI-

A. 4428                             3

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. 4428                             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.