§ 669-h. Excelsior scholarship. 1. Eligibility. An excelsior\nscholarship award shall be made to an applicant who: (a) is matriculated\nin an approved program leading to an undergraduate degree at a New York\nstate public institution of higher education; (b) if enrolled in (i) a\npublic institution of higher education prior to application, has\ncompleted at least thirty combined credits per year following the\nstudent's start date, or its equivalent, applicable to his or her\nprogram or programs of study or (ii) an institution of higher education\nprior to application, has completed at least thirty combined credits per\nyear following the student's start date, or its equivalent, applicable\nto his or her program or programs of study and which were accepted upon\ntransfer to a public institution of higher education; (c) enrolls in at\nleast twelve credits per semester and completes at least thirty combined\ncredits per year following the student's start date, or its equivalent,\napplicable to his or her program or programs of study except in limited\ncircumstances as prescribed by the corporation in regulation.\nNotwithstanding, in the student's last semester, the student may take at\nleast one course needed to meet his or her graduation requirements and\nenroll in and complete at least twelve credit hours or its equivalent.\nFor students who are disabled as defined by the Americans With\nDisabilities Act of 1990, 42 USC 12101, the corporation shall prescribe\nrules and regulations that allow applicants who are disabled to be\neligible for an award pursuant to this section based on modified\ncriteria; (d) has an adjusted gross income for the qualifying year, as\nsuch terms are defined in this subdivision, equal to or less than: (i)\none hundred thousand dollars for recipients receiving an award in the\ntwo thousand seventeen--two thousand eighteen academic year; (ii) one\nhundred ten thousand dollars for recipients receiving an award in the\ntwo thousand eighteen--two thousand nineteen academic year; and (iii)\none hundred twenty-five thousand dollars for recipients receiving an\naward in the two thousand nineteen--two thousand twenty academic year\nand thereafter; and (e) complies with the applicable provisions of this\narticle and all requirements promulgated by the corporation for the\nadministration of the program. Adjusted gross income shall be the total\nof the combined adjusted gross income of the applicant and the\napplicant's parents or the applicant and the applicant's spouse, if\nmarried. Qualifying year shall be the adjusted gross income as reported\non the federal income tax return, or as otherwise obtained by the\ncorporation, for the calendar year coinciding with the tax year\nestablished by the U.S. department of education to qualify applicants\nfor federal student financial aid programs authorized by Title IV of the\nHigher Education Act of nineteen hundred sixty-five, as amended, for the\nschool year in which application for assistance is made. Provided,\nhowever, if an applicant demonstrates to the corporation that there has\nbeen a change in such applicant's adjusted gross income in the year(s)\nsubsequent to the qualifying year which would qualify such applicant for\nan award, the corporation shall review and make a determination as to\nwhether such applicant meets the requirement set forth in paragraph (d)\nof this subdivision based on such year. Provided, further that such\nchange was caused by the death, permanent and total physical or mental\ndisability, divorce, or separation by judicial decree or pursuant to an\nagreement of separation which is filed with a court of competent\njurisdiction of any person whose income was required to be used to\ncompute the applicant's total adjusted gross income.\n 2. Amount. Within amounts appropriated therefor and based on\navailability of funds, awards shall be granted to applicants that the\ncorporation has determined are eligible to receive such awards. The\ncorp
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