(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; or
(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.
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. (i) Except as provided in subdivision two of section
six hundred seventy-four of this part and subparagraph (ii) of this
paragraph, an applicant for an award at the undergraduate level of study
must either (a) 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 (b)
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 of this part who are currently legal
residents of the state and are otherwise qualified.
(ii) An applicant who is not a legal resident of the state eligible
pursuant to subparagraph (i) of this paragraph, but is a United States
citizen, a permanent lawful resident, an individual who is granted U or
T non-immigrant status pursuant to the Victims of Trafficking and
Violence Protection Act of 2000, a person granted temporary protected
status pursuant to the Federal Immigration Act of 1990, an individual of
a class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
noncitizens to the United States, or an applicant without lawful
immigration status shall be eligible for an award at the undergraduate
level of study provided that the student:
(a) attended a registered New York state high school for two or more
years, graduated from a registered New York state high school and
applied for attendance at the institution of higher education for the
undergraduate study for which an award is sought within five years of
receiving a New York state high school diploma; or
(b) attended an approved New York state program for a state high
school equivalency diploma, received a state high school equivalency
diploma and applied for attendance at the institution of higher
education for the undergraduate study for which an award is sought
within five years of receiving a state high school equivalency diploma;
or
(c) is otherwise eligible for the payment of tuition and fees at a
rate no greater than that imposed for resident students of the state
university of New York, the city university of New York or community
colleges as prescribed in subparagraph eight of paragraph h of
subdivision two of section three hundred fifty-five or paragraph (a) of
subdivision seven of section sixty-two hundred six of this chapter.
Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such institution of
higher education stating that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.
b. (i) Except as otherwise provided in subparagraph (ii) of this
paragraph, an applicant for an award at the graduate level of study must
either (a) 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 (b) 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.
(ii) An applicant who is not a legal resident of the state eligible
pursuant to subparagraph (i) of this paragraph, but is a United States
citizen, a permanent lawful resident, an individual who is granted U or
T non-immigrant status pursuant to the Victims of Trafficking and
Violence Protection Act of 2000, a person granted temporary protected
status pursuant to the Federal Immigration Act of 1990, an individual of
a class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
noncitizens to the United States, or an applicant without lawful
immigration status shall be eligible for an award at the graduate level
of study provided that the student:
(a) attended a registered approved New York state high school for two
or more years, graduated from a registered New York state high school
and applied for attendance at the institution of higher education for
the graduate study for which an award is sought within ten years of
receiving a New York state high school diploma; or
(b) attended an approved New York state program for a state high
school equivalency diploma, received a state high school equivalency
diploma and applied for attendance at the institution of higher
education for the graduate study for which an award is sought within ten
years of receiving a state high school equivalency diploma; or
(c) is otherwise eligible for the payment of tuition and fees at a
rate no greater than that imposed for resident students of the state
university of New York, the city university of New York or community
colleges as prescribed in subparagraph eight of paragraph h of
subdivision two of section three hundred fifty-five or paragraph (a) of
subdivision seven of section sixty-two hundred six of this chapter.
Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such institution of
higher education stating that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.
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 or her residence for the
purpose of this article shall be his or her place of actual residence
during the major part of the year while attending school, as determined
by the commissioner; and further provided that an applicant who does not
have a residence in this state and is eligible for an award pursuant to
subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of
this subdivision shall be deemed to reside in the geographic area of the
institution of higher education in which he or she attends for purposes
of an award allocated on a geographic basis.
e. Notwithstanding any other provision of this article to the
contrary, the New York state eligibility requirements for receipt of
awards set forth in paragraphs a and b of this subdivision are 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.
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.