A 7938: Allows for a modest increase in annual income, not greater than three percent per year, to not disqualify someone from the excelsior scholarship.

  
  STATE OF NEW YORK ________________________________________________________________________ 7938 2025-2026 Regular Sessions  IN ASSEMBLY April 16, 2025 ___________ Introduced by M. of A. KASSAY -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to allowing for a modest increase in annual income to not disqualify someone from the excelsior scholarship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 669-h of the education law, as 2 amended by section 1 of part T of chapter 56 of the laws of 2018, is 3 amended to read as follows: 4 1. Eligibility. An excelsior scholarship award shall be made to an 5 applicant who: (a) is matriculated in an approved program leading to an 6 undergraduate degree at a New York state public institution of higher 7 education; (b) if enrolled in (i) a public institution of higher educa- 8 tion prior to application, has completed at least thirty combined cred- 9 its per year following the student's start date, or its equivalent, 10 applicable to [his or her] their program or programs of study or (ii) an 11 institution of higher education prior to application, has completed at 12 least thirty combined credits per year following the student's start 13 date, or its equivalent, applicable to [his or her] their program or 14 programs of study and which were accepted upon transfer to a public 15 institution of higher education; (c) enrolls in at least twelve credits 16 per semester and completes at least thirty combined credits per year 17 following the student's start date, or its equivalent, applicable to 18 [his or her] their program or programs of study except in limited 19 circumstances as prescribed by the corporation in regulation. Notwith- 20 standing, in the student's last semester, the student may take at least 21 one course needed to meet [his or her] their graduation requirements and 22 enroll in and complete at least twelve credit hours or its equivalent. 23 For students who are disabled as defined by the Americans With Disabili- 24 ties Act of 1990, 42 USC 12101, the corporation shall prescribe rules EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10676-07-5 
 A. 7938 2 1 and regulations that allow applicants who are disabled to be eligible 2 for an award pursuant to this section based on modified criteria; (d) 3 for the first semester applying for such scholarship, has an adjusted 4 gross income for the qualifying year, as such terms are defined in this 5 subdivision, equal to or less than: (i) one hundred thousand dollars for 6 recipients receiving an award in the two thousand seventeen--two thou- 7 sand eighteen academic year; (ii) one hundred ten thousand dollars for 8 recipients receiving an award in the two thousand eighteen--two thousand 9 nineteen academic year; and (iii) one hundred twenty-five thousand 10 dollars for recipients receiving an award in the two thousand nineteen- 11 -two thousand twenty academic year and thereafter; and (e) complies with 12 the applicable provisions of this article and all requirements promul- 13 gated by the corporation for the administration of the program. Adjusted 14 gross income shall be the total of the combined adjusted gross income of 15 the applicant and the applicant's parents or the applicant and the 16 applicant's spouse, if married. Qualifying year shall be the adjusted 17 gross income as reported on the federal income tax return, or as other- 18 wise obtained by the corporation, for the calendar year coinciding with 19 the tax year established by the U.S. department of education to qualify 20 applicants for federal student financial aid programs authorized by 21 Title IV of the Higher Education Act of nineteen hundred sixty-five, as 22 amended, for the school year in which application for assistance is 23 made. Provided, however, if an applicant demonstrates to the corporation 24 that there has been a change in such applicant's adjusted gross income 25 in the year(s) subsequent to the qualifying year which would qualify 26 such applicant for an award, the corporation shall review and make a 27 determination as to whether such applicant meets the requirement set 28 forth in paragraph (d) of this subdivision based on such year. Provided, 29 further that such change was caused by the death, permanent and total 30 physical or mental disability, divorce, or separation by judicial decree 31 or pursuant to an agreement of separation which is filed with a court of 32 competent jurisdiction of any person whose income was required to be 33 used to compute the applicant's total adjusted gross income. Provided 34 further, however, that a recipient's maximum allowable adjusted gross 35 income shall increase by three per centum after the first semester of 36 such scholarship and may increase further where the corporation, in its 37 discretion, determines that such a further increase shall not disqualify 38 an applicant. 39 § 2. This act shall take effect immediately.