Section 610. Liberty scholarships

1.   Establishment   of   liberty
  scholarships.    The  president  of  the   higher   education   services
  corporation  shall  award  liberty  scholarships  for  payment  annually
  beginning  with  the  nineteen  hundred   ninety-one--nineteen   hundred
  ninety-two  academic  year,  and  in  each  academic year thereafter, to
  students eligible pursuant  to  subdivision  two  of  this  section.  In
  administering  this  program,  the  president  is  hereby  authorized to
  exercise all powers and duties authorized under article fourteen of this
  chapter.
    2. Eligibility for scholarship. Liberty scholarships shall be  awarded
  to persons:
    a. who have applied for such scholarship;
    b.  who have graduated from a secondary school located within New York
  state or have received a high school equivalency diploma from  New  York
  state;
    c.  who  have  not attained the age of twenty-two as of June thirtieth
  prior to the academic year for which the initial award is  received  and
  who  are undergraduate students receiving aid under this chapter for the
  first time during academic year  nineteen  hundred  ninety-one--nineteen
  hundred ninety-two or thereafter;
    d.  who  have  enrolled  in  an  approved program in a degree-granting
  institution located in New York state within twenty-four months  of  the
  date  that  the  recipient graduated from secondary school or received a
  high school equivalency diploma, provided that those  students  who  are
  temporarily  unable  to  avail  themselves  of the award due to illness,
  military service or other causes in accordance with rules of  the  board
  of  regents  prior  to  receipt  of the first payment of an award may be
  granted a leave of absence pursuant to regulations of  the  trustees  of
  the higher education services corporation;
    e.  who  satisfy  the requirements of section six hundred sixty-one of
  this chapter;
    f. who retain good academic standing as defined by  the  commissioner;
  and
    g.  who  qualify for a scholarship pursuant to subdivision six of this
  section.
    3. Application. Application for payment of a liberty scholarship shall
  be made in conjunction with an application  for  tuition  assistance  in
  accordance with rules of the board.
    4.  Application  for  other student financial assistance. a. A student
  enrolled in a program of  full-time  study  shall  not  be  entitled  to
  receive  a  scholarship  unless  the  recipient  (1)  receives a tuition
  assistance award or supplemental tuition assistance  award  pursuant  to
  section  six  hundred  sixty-seven  or six hundred sixty-seven-a of this
  chapter and (2) receives a Pell grant  award  pursuant  to  section  one
  thousand seventy-a of title twenty of the United States code.
    b.  A  recipient enrolled in a program of part-time study shall not be
  entitled to receive a scholarship unless the recipient receives  a  Pell
  grant  award  pursuant to section one thousand seventy-a of title twenty
  of the United States code.
    5. Duration. a. Subject to the requirements of subdivision two of this
  section, a recipient shall be entitled to an annual scholarship for  not
  more  than  (1)  four academic years of full-time undergraduate study or
  the equivalent thereof of part-time study, or (2) five  academic  years,
  or  the  equivalent  thereof of part-time study, if the program of study
  normally requires five years, as defined by the commissioner pursuant to
  article thirteen of this chapter.
    b. For purposes  of  this  subdivision  and  subdivision  fourteen  of
  section  six  hundred  five  of this chapter, the term "part-time study"

  means enrollment for at least six but less than twelve  semester  hours,
  or  the  equivalent,  per  semester or at least four but less than eight
  semester hours per quarter in an approved undergraduate program.
    c.  Any semester, quarter or term of attendance during which a student
  receives an award for part-time study pursuant to this section shall  be
  counted  as one-half of a semester, quarter or term, as the case may be,
  toward the maximum term of eligibility  for  tuition  assistance  awards
  pursuant  to  sections six hundred sixty-six and six hundred sixty-seven
  of this chapter.
    6. Amount. a. The president shall grant  annual  scholarships  in  the
  following amounts:
    (1)  If the recipient attends an institution of the city university of
  New York or an institution of the state university  of  New  York  other
  than  the  statutory  colleges  at Cornell, the college of environmental
  science and forestry at Syracuse and the college of ceramics at  Alfred,
  the annual scholarship award shall be an amount equal to the non-tuition
  cost  of  attendance  at  such institution or college reduced by (i) the
  amount of a Pell grant and (ii) the  amount  of  such  other  state  and
  federal  scholarships  and  grants,  other  than  tuition  assistance or
  supplemental tuition assistance received under this  chapter,  which  do
  not  require  repayment,  awarded  to  the  recipient  for  the  cost of
  attendance at  the  institution  being  attended,  as  reported  to  the
  president; provided, however, that such scholarship shall be reduced one
  dollar  for every three dollars of income in excess of eighteen thousand
  dollars of income; or
    (2) If the recipient attends  any  other  degree-granting  institution
  within  New  York  state  and  enrolls  in  a  program  approved  by the
  commissioner, the annual scholarship award shall be based upon an amount
  equal to the average non-tuition cost of attendance,  as  determined  by
  the  commissioner  in consultation with the president and as approved by
  the director 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,  reduced  by  (i)  the  amount  of a Pell grant the
  recipient would have been entitled to had  the  recipient  attended  the
  state university of New York and (ii) the amount of such other state and
  federal  scholarships  and  grants,  other  than  tuition  assistance or
  supplemental tuition assistance received under this  chapter,  which  do
  not  require  repayment,  awarded  to  the  recipient  for  the  cost of
  attendance at  the  institution  being  attended,  as  reported  to  the
  president;  provided,  however,  that such scholarships shall be reduced
  one dollar for every three dollars  of  income  in  excess  of  eighteen
  thousand dollars of income.
    (3)  Scholarships  and  grants  that reduce the cost of attendance for
  purposes of determining the amount of  a  scholarship  award  shall  not
  include  supplemental  financial  assistance  provided  on a last dollar
  basis pursuant to the provisions of section sixty-four hundred fifty-one
  or sixty-four hundred fifty-two of this chapter.
    (4) "Non-tuition cost of attendance", as used in this paragraph, shall
  mean: (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 commissioner in consultation with 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
  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  commissioner
  in  consultation  with the president and approved by the director of the
  budget. In determining allowances pursuant  to  this  subparagraph,  the

  commissioner  may take into consideration the allowances provided for in
  the Pell grant program.
    b.  For  the  purposes  of  determining  annual scholarships, the term
  "income" shall be  determined  in  accordance  with  the  provisions  of
  section  six  hundred sixty-three of this chapter, except that in making
  such determination, adjusted gross income, as defined in regulations  of
  the trustees of the corporation, shall be used instead of New York state
  net taxable income.
    c.  In  no  event  shall  the combination of all student financial aid
  received by a student exceed the recipient's total cost of attendance at
  the institution being attended.
    7.  Ineligibility  for  a  tuition  assistance,  supplemental  tuition
  assistance  or  Pell grant award in a particular academic year shall not
  prevent a recipient from receiving a liberty scholarship  award  in  any
  subsequent  year  in  which  such  recipient shall become eligible for a
  tuition assistance, supplemental tuition assistance or Pell grant award,
  provided, however, the seven-year  period  referred  to  in  subdivision
  seven  of  section  six  hundred  sixty-five  of  this  chapter,  or  an
  eight-year period for part-time study, shall not have elapsed.
    8.  Relationship  to  educational  opportunity  programs.      Liberty
  scholarship  recipients  who  qualify  for  admission to the educational
  opportunity programs established in section sixty-four hundred fifty-one
  or sixty-four hundred fifty-two of this  chapter  shall  in  no  way  be
  precluded  from  participation  in  such  programs  as a result of their
  status as liberty scholarship recipients. Recipients who qualify and are
  selected for participation in the opportunity programs shall be eligible
  to receive the same tutoring and counseling services provided  to  other
  educational  opportunity  program  students,  and  shall  be eligible to
  receive  supplemental  financial  assistance  through  the   educational
  opportunity  programs  for any approved costs not otherwise funded under
  such scholarship.
    9. Notification. The superintendent of schools or other  chief  school
  officer  of  each public school district and the chief school officer of
  nonpublic secondary schools shall take  steps  to  inform  students  and
  parents  about  the  liberty  scholarship  program  and various types of
  student financial aid that are available for their  college  educations.
  The corporation, in cooperation with the commissioner, shall assist such
  efforts  by  making  available  to school districts, nonpublic secondary
  schools and students information relating to such programs and  aid.  In
  addition, the commissioner, in cooperation with the president and school
  officials shall also provide such other information as is appropriate to
  encourage  students  to  complete  high school and to assist students in
  preparing to attend college.
    10. Regulations. All regulations of the commissioner or regulations of
  the trustees of the corporation to  implement  the  provisions  of  this
  article shall be subject to the approval of the director of the budget.