§ 667. Tuition assistance program awards. 1. Recipient qualifications. Tuition assistance program awards are available for all students who are enrolled in approved programs and who demonstrate the ability to complete such courses, in accordance with standards established by the commissioner provided, however, that no award shall be made unless tuition (exclusive of educational fees) and, if applicable, the college fee levied by the state university of New York pursuant to the April first, nineteen hundred sixty-four financing agreements with the New York state dormitory authority charged for the program in which the student is enrolled total at least two hundred dollars a year, and provided further that, no award can exceed one hundred percent of the amount of tuition charged.

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2. Duration. No undergraduate shall be eligible for more than four academic years of study, or five academic years if the program of study normally requires five years. Students enrolled in a program of remedial study, approved by the commissioner in an institution of higher education and intended to culminate in a degree in undergraduate study shall, for purposes of this section, be considered as enrolled in a program of study normally requiring five years. An undergraduate student enrolled in an eligible two year program of study approved by the commissioner shall be eligible for no more than three academic years of study. An undergraduate student enrolled in an approved two or four-year program of study approved by the commissioner who must transfer to another institution as a result of permanent college closure shall be eligible for up to two additional semesters, or their equivalent, to the extent credits necessary to complete his or her program of study were deemed non-transferable from the closed institution or were deemed not applicable to such student's program of study by the new institution. Any semester, quarter, or term of attendance during which a student receives any award under this article, after the effective date of the former scholar incentive program and prior to academic year nineteen hundred eighty-nine–nineteen hundred ninety, shall be counted toward the maximum term of eligibility for tuition assistance under this section, except that any semester, quarter or term of attendance during which a student received an award pursuant to section six hundred sixty-six of this subpart shall be counted as one-half of a semester, quarter or term, as the case may be, toward the maximum term of eligibility under this section. Any semester, quarter or term of attendance during which a student received an award pursuant to section six hundred sixty-seven-a of this subpart shall not be counted toward the maximum term of eligibility under this section.

3. Tuition assistance program awards.

a. Amount. The president shall make awards to students enrolled in degree-granting institutions or registered not-for-profit business schools qualified for tax exemption under § 501(c)(3) of the internal revenue code for federal income tax purposes in the following amounts:

(i) For each year of undergraduate study, assistance shall be provided as computed on the basis of the amount which is the lesser of the following:

* (A) (1) In the case of students who have not been granted an exclusion of parental income, who have qualified as an orphan, foster child, or ward of the court for the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended, or had a dependent for income tax purposes during the tax year next preceding the academic year for which application is made, except for those students who have been granted exclusion of parental income who have a spouse but no other dependent:

(a) For students first receiving aid after nineteen hundred ninety-three–nineteen hundred ninety-four and before two thousand–two thousand one, four thousand two hundred ninety dollars; or

(b) For students first receiving aid in nineteen hundred ninety-three–nineteen hundred ninety-four or earlier, three thousand seven hundred forty dollars; or

(c) For students first receiving aid in two thousand–two thousand one and thereafter, five thousand dollars, except starting in two thousand fourteen-two thousand fifteen and thereafter such students shall receive five thousand one hundred sixty-five dollars; or

(d) For undergraduate students enrolled in a program of study at a non-public degree-granting institution that does not offer a program of study that leads to a baccalaureate degree, or at a registered not-for-profit business school qualified for tax exemption under section 501(c)(3) of the internal revenue code for federal income tax purposes that does not offer a program of study that leads to a baccalaureate degree, four thousand dollars. Provided, however, that this subitem shall not apply to students enrolled in a program of study leading to a certificate or degree in nursing.

(2) In the case of students receiving awards pursuant to subparagraph (iii) of this paragraph and those students who have been granted exclusion of parental income who have a spouse but no other dependent.

(a) For students first receiving aid in nineteen hundred ninety-four –nineteen hundred ninety-five and nineteen hundred ninety-five–nineteen hundred ninety-six and thereafter, three thousand twenty-five dollars, or

(b) For students first receiving aid in nineteen hundred ninety-two–nineteen hundred ninety-three and nineteen hundred ninety-three–nineteen hundred ninety-four, two thousand five hundred seventy-five dollars, or

(c) For students first receiving aid in nineteen hundred ninety-one–nineteen hundred ninety-two or earlier, two thousand four hundred fifty dollars; or

* NB Effective until July 1, 2021

* (A) (1) In the case of students who have not been granted an exclusion of parental income, who have qualified as an orphan, foster child, or ward of the court for the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended, or had a dependent for income tax purposes during the tax year next preceding the academic year for which application is made, except for those students who have been granted exclusion of parental income who have a spouse but no other dependent:

(a) Five thousand dollars, except starting in two thousand fourteen-two thousand fifteen such students shall receive five thousand one hundred sixty-five dollars, and except starting in two thousand twenty-one–two thousand twenty-two and thereafter such students shall receive five thousand six hundred sixty-five dollars, provided however that nothing herein shall be construed as increasing any award made pursuant to this section for an academic year prior to two thousand twenty-one–two thousand twenty-two; or

(b) For undergraduate students enrolled in a program of study at a non-public degree-granting institution that does not offer a program of study that leads to a baccalaureate degree, or at a registered not-for-profit business school qualified for tax exemption under section 501(c)(3) of the internal revenue code for federal income tax purposes that does not offer a program of study that leads to a baccalaureate degree, four thousand dollars, except starting in two thousand twenty-one–two thousand twenty-two and thereafter such students shall receive four thousand five hundred dollars. Provided, however, that this subitem shall not apply to students enrolled in a program of study leading to a certificate or degree in nursing.

(2) In the case of students receiving awards pursuant to subparagraph (iii) of this paragraph and those students who have been granted exclusion of parental income who have a spouse but no other dependent beginning in the two thousand twenty-one–two thousand twenty-two academic year and thereafter, three thousand five hundred twenty-five dollars, provided that nothing herein shall be construed as increasing any award made for any prior academic year; or

* NB Effective July 1, 2021

(B) (1) Ninety-five percent of the amount of tuition (exclusive of educational fees) charged and, if applicable, the college fee levied by the state university of New York pursuant to the April first, nineteen hundred sixty-four financing agreement with the New York state dormitory authority.

(2) For the two thousand one–two thousand two academic year and thereafter one hundred percent of the amount of tuition (exclusive of educational fees) charged and, if applicable, the college fee levied by the state university of New York pursuant to the April first, nineteen hundred sixty-four financing agreement with the New York state dormitory authority.

(ii) Except for students as noted in subparagraph (iii) of this paragraph, the base amount as determined from subparagraph (i) of this paragraph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction

of base amount (A) Less than seven thousand None

dollars (B) Seven thousand dollars or Seven per centum of excess

more, but less than eleven over seven thousand dollars

thousand dollars (C) Eleven thousand dollars or Two hundred eighty dollars

more, but less than eighteen plus ten per centum of excess

thousand dollars over eleven thousand dollars (D) Eighteen thousand dollars or Nine hundred eighty dollars

more, but not more than eighty plus twelve per centum of

thousand dollars excess over eighteen

thousand dollars

(iii) (A) For students who have been granted exclusion of parental income and were single with no dependent for income tax purposes during the tax year next preceding the academic year for which application is made, the base amount, as determined in subparagraph (i) of this paragraph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction

of base amount (1) Less than three thousand None

dollars (2) Three thousand dollars or Thirty-one per centum of

more, but not more than ten amount in excess of three

thousand dollars thousand dollars

(B) For those students who have been granted exclusion of parental income who have a spouse but no other dependent, for income tax purposes during the tax year next preceding the academic year for which application is made, the base amount, as determined in subparagraph (i) of this paragraph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction

of base amount (1) Less than seven thousand None

dollars (2) Seven thousand dollars or Seven per centum of excess

more, but less than eleven over seven thousand dollars

thousand dollars (3) Eleven thousand dollars or Two hundred eighty dollars

more, but less than eighteen plus ten per centum of excess

thousand dollars over eleven thousand dollars (4) Eighteen thousand dollars or Nine hundred eighty dollars

more, but not more than forty plus twelve per centum of

thousand dollars excess over eighteen

thousand dollars

(iv) If the amount of reduction is not a whole dollar, it shall be reduced to the next lowest whole dollar. In the case of any student who has received four or more payments pursuant to any and all awards provided for in this subdivision, for the two thousand–two thousand one academic year the base amount shall be reduced by an additional one hundred fifty dollars for the two thousand one–two thousand two academic year and thereafter the base amount shall be reduced by an additional one hundred dollars.

(v) The award shall be the net amount of the base amount determined pursuant to subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the award shall not be reduced for the two thousand–two thousand one and two thousand one–two thousand two academic years below two hundred seventy-five dollars if the amount of income is eighty thousand dollars or less and more than seventy thousand dollars, three hundred twenty-five dollars if the amount of income is seventy thousand dollars or less and more than sixty thousand dollars and four hundred twenty-five dollars if the amount of income is sixty thousand dollars or less.

(vi) For the two thousand two–two thousand three academic year and thereafter, the award shall be the net amount of the base amount determined pursuant to subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the award shall not be reduced below five hundred dollars.

b. Amount. The president shall make awards to students enrolled in two year programs offered in registered private business schools except for registered not-for-profit business schools qualified for tax exemption under section 501(c)(3) of the internal revenue code for federal income tax purposes in the following amounts:

* (i) For each year of study, assistance shall be provided as computed on the basis of the amount which is the lesser of the following:

(A) (1) eight hundred dollars, or

(2) for students receiving awards pursuant to subparagraph (iii) of this paragraph, six hundred forty dollars; or

(B) (1) Ninety-five percent of the amount of tuition (exclusive of educational fees) charged.

(2) For the two thousand one–two thousand two academic year and thereafter one hundred percent of the amount of tuition (exclusive of educational fees).

* NB Effective until July 1, 2021

* (i) For each year of study, assistance shall be provided as computed on the basis of the amount which is the lesser of the following:

(A) (1) one thousand three hundred dollars, or

(2) for students receiving awards pursuant to subparagraph (iii) of this paragraph, one thousand one hundred forty dollars; or

(B) (1) Ninety-five percent of the amount of tuition (exclusive of educational fees) charged.

(2) For the two thousand one–two thousand two academic year and thereafter one hundred percent of the amount of tuition (exclusive of educational fees).

* NB Effective July 1, 2021

* (ii) Except for students as noted in subparagraph (iii) of this paragraph, the base amount as determined in subparagraph (i) of this paragraph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction

of base amount (A) Less than seven thousand None

dollars (B) Seven thousand dollars or Seven per centum of the excess

more, but less than eleven over seven thousand dollars

thousand dollars

(C) For students first receiving aid:

(1) for the first time in academic years nineteen hundred eighty-nine–nineteen hundred ninety, nineteen hundred ninety-two–nineteen hundred ninety-three and nineteen hundred ninety-three–nineteen hundred ninety-four: Amount of income Schedule of reduction of

base amount Eleven thousand dollars or Two hundred eighty dollars plus more but not more than forty- ten per centum of the excess two thousand five hundred over eleven thousand dollars dollars

(2) for the first time in academic years nineteen hundred ninety–nineteen hundred ninety-one, nineteen hundred ninety-one–nineteen hundred ninety-two, nineteen hundred ninety-four–nineteen hundred ninety-five and thereafter: Amount of income Schedule of reduction of

base amount Eleven thousand dollars or Two hundred eighty dollars plus more but not more than fifty ten per centum of the excess thousand five hundred over eleven thousand dollars dollars

(3) for the first time in academic years prior to academic year nineteen hundred eighty-nine–nineteen hundred ninety: Amount of income Schedule of reduction of

base amount Eleven thousand dollars or Two hundred eighty dollars plus more but not more than thirty- ten per centum of the excess over four thousand two hundred fifty eleven thousand dollars dollars

* NB Effective until July 1, 2021

* (ii) Except for students as noted in subparagraph (iii) of this paragraph, the base amount as determined in subparagraph (i) of this paragraph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction

of base amount (A) Less than seven thousand None

dollars (B) Seven thousand dollars or Seven per centum of the excess

more, but less than eleven over seven thousand dollars

thousand dollars

* NB Effective July 1, 2021

(iii) For students who have been granted exclusion of parental income and were single with no dependent for income tax purposes during the tax year next preceding the academic year for which application is made, the base amount, as determined in subparagraph (i) of this paragraph, shall be reduced in relation to income as follows: Amount of income Schedule of reduction of

base amount (A) Less than three thousand None

dollars (B) Three thousand dollars or Thirty-one per centum of the ex-

more, but not more than ten cess over three thousand dollars

thousand dollars

(iv) If the amount of reduction is not a whole dollar, it shall be reduced to the next lowest whole dollar. In the case of any student who has received four or more payments pursuant to any and all awards provided for in this subdivision, for the two thousand–two thousand one academic year the base amount shall be reduced by an additional one hundred fifty dollars for the two thousand one–two thousand two academic year and thereafter the base amount shall be reduced by an additional one hundred dollars.

(v) The award shall be the net amount of the base amount determined pursuant to subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the award shall not be reduced below one hundred dollars. If the income exceeds the maximum amount of income allowable under subparagraph (ii) or (iii) of this paragraph, no award shall be made.

c. Restrictions. In no even shall shall any award:

(i) be made unless the annual tuition (exclusive of educational fees) and, if applicable, the college fee levied by the state university of New York pursuant to the April first, nineteen hundred sixty-four financing agreement with the New York state dormitory authority charged for the program in which the student is enrolled total at least two hundred dollars; or

(ii) exceed the amount by which such annual tuition (exclusive of educational fees) and, if applicable, the college fee levied by the state university of New York pursuant to the April first, nineteen hundred sixty-four financing agreement with the New York state dormitory authority exceed the total of all other state, federal, or other educational aid that is received or receivable by such student during the school year for which such award is applicable and that, in the judgment of the commissioner, would duplicate the purposes of the award; or

(iii) be made when income exceeds the maximum income set forth in this subdivision. The commissioner shall list in his regulations all major state and federal financial aid available to New York state students and identify any forms of aid that are duplicative of the purposes of the tuition assistance program. For the purposes of this subdivision, neither United States war orphan educational benefits nor benefits under the veterans' readjustment act of nineteen hundred sixty-six shall be considered as federal or other educational aid.