Chapter 3: Student Information

There are several specific requirements a student must satisfy to be eligible for New York State (NYS) grant and scholarship awards. A list of the requirements for each program is in Chapter 1.

Initially, students are approved or denied for an award based on information they submit on the application(s). Approval for an award is tentative and is based on an assumption that information on the application is correct, and that the student will meet other required eligibility criteria. Final approval for an award is contingent upon institutional certification of student eligibility.

Additionally, students must provide other required information to enable HESC to verify the identity of students, calculate awards, and forward payment to the appropriate institution.

The following is a description of student eligibility criteria:

a. Citizenship Requirements

All grant and scholarship programs that HESC administers require the student to meet certain requirements relating to U.S. citizenship. Students must be a legal resident, which requires applicants to be an eligible citizen or eligible non-citizen; or meet the NYS Jose Peralta Dream Act (Dream Act) requirements to be considered for NYS administered financial aid programs. 

If the institution has any information that would cast doubt on an award recipient's ability to meet this requirement, HESC's Grants & Scholarships should be notified at [email protected].

b. New York State Residency Requirements

Eligibility for state-sponsored scholarships and awards is limited to students who meet NYS residency requirements, either as a legal resident of NYS or by meeting eligibility requirements as indicated in the NYS Jose Peralta Dream Act.  HESC will verify the residency for students applying for NYS administered financial aid programs.

Institutional Responsibility. Though HESC verifies residency for all applicants, if an institution has information that explicitly shows that an applicant is not a legal resident of NYS nor meets the residency requirement under the Dream Act, they should contact HESC Grants & Scholarships at [email protected]

In determining if a particular student meets NYS residency requirements, institutional personnel should know on-campus information that might reflect on a student's residency that does not meet legal residency or Dream Act requirements. For example, a diploma from a non-NYS high school for a recent high school graduate may be an indicator.

Legal Residence. To satisfy residency requirements, the student must be a legal resident of NYS for at least 12 months prior to enrolling in college. Legal residence means a person whose domicile is New York - the student currently resides in NYS and intends to make the state his/her permanent home. The act of living within the state's boundaries is, in itself, an insufficient demonstration of residency. The student must present evidence of having established a domicile or permanent place of abode in NYS. Living in NYS solely to attend a college or other postsecondary institution does not, in itself, establish legal residence. The student must demonstrate, to the corporation's satisfaction, through their conduct, that they intend to make the state their permanent home. The corporation may consider actions taken by the student, such as obtaining employment, housing, vehicle registration, and paying State income taxes, among others, in making its determination. Note: Legislation enacted in the 2005-06 academic year waives the residency requirements for members of the armed forces (and their spouses and dependents) stationed on full-time active duty in NYS. See below for information regarding obtaining a waiver.

A dependent student’s domicile is usually the same as their custodial parent(s) or guardian.

To establish domicile in New York for the purpose of applying for NYS administered  financial aid programs, a student must be a U.S. citizen or have one of the following immigration statuses:

  • Lawful permanent resident
  • Refugee
  • Asylee
  • A visa – Ambassador, diplomats, and certain other foreign officials and their families
  • E visa – Treaty trader/treaty investor, spouse, and children
  • G visa – Certain government or international organization officials and their families
  • H-1B visa – Temporary worker in specialty occupation
  • H-1C visa – Temporary worker performing essential nursing services
  • H-4 visa – Spouse or children of an H-1B visa holder
  • I visa – Representatives of foreign information media and their spouse
  • K visa – Fiancé(e), spouse, and dependent children of a U.S. citizen
  • L visa – Intra-company transferee and their spouse and children
  • N visa – Parents and children of certain officers and employees of international organizations who were granted permanent residency as special immigrants
  • O visa – non-citizens who possess extraordinary ability in the sciences, arts, education, business or athletics, motion pictures or television (Note: O-2 visa holders are not eligible).
  • R visa – Religious workers and their spouse and children
  • S visa – Crime witnesses and their spouse and children
  • T visa – Victims of severe forms of human trafficking
  • U visa – Victims of serious crimes
  • V visa – Certain spouses and children of lawful permanent residents who have a relative petition filed on their behalf before December 21, 2000

Legal Residence of Financially Dependent Students. If the student is financially dependent upon his/her parents, HESC presumes the student's legal residence to be that of the parents. If the parents are separated or divorced, HESC presumes the legal residence to be that of the parent who has been awarded custody (or who would have been awarded custody if the student were a minor). If the student's parents reside out of state, as reported on the FAFSA, HESC presumes the student resides out of state. However, if circumstances warrant, a student may apply to HESC for recognition of residence separate from either or both parents. In these cases, students are sent a NYS Residence Review Questionnaire, which is submitted to HESC for review.

Legal Residence Requirement for Members of the Armed Forces, their spouses, and Dependents.

  • If the student was a legal resident of NYS when he/she entered into the service and has maintained that legal residence while in the service, HESC presumes the student meets the residency requirement
  • If the student is the spouse or dependent of a member of the armed forces who is a legal resident of NYS but is stationed out of state, HESC presumes the student meets the residency requirement regardless of how long the member of the military has been absent from NYS while on active duty
  • If the student is a member of the armed forces who is not a legal resident of NYS but who is stationed on full-time active duty in NYS, the residency requirement is waived. To qualify for the waiver, the student must submit official documentation to HESC confirming full-time active-duty status and duty station
  • If the student is the spouse or dependent of a member of the armed forces, who is not a legal resident of NYS but who is stationed on full-time active duty in NYS, the residency requirement is waived. The student must submit official documentation to HESC confirming both the full-time active-duty status and duty station of the member of the armed forces and the student's status as spouse or dependent of that person

Jose Peralta Dream Act Requirements.

  1. Applicant’s permanent home is in NYS, and they are or have ONE of the following:
  • U-Visa
  • T-Visa
  • Temporary protected status, pursuant to the Federal Immigration Act of 1990
  • Without lawful immigration status (including those with DACA status)
  • AND the applicant meets ONE of the following criteria:
    • Attended a NYS high school for 2 or more years, graduated from a NYS high school, and enroll or enrolled for undergraduate study at a NYS college within 5 years of receiving your NYS high school diploma OR
    • Attended a NYS high school for 2 or more years, graduated from a NYS high school, and enroll or enrolled for graduate study at a NYS college within 10 years of receiving your NYS high school diploma OR
    • Received a NYS high school equivalency diploma and enroll or enrolled for undergraduate study at a NYS college within 5 years of receiving your NYS high school equivalency diploma OR
    • Received a NYS high school equivalency diploma and enroll or enrolled for graduate study at a NYS college within 10 years of receiving your NYS high school equivalency diploma OR
    • Are or will be charged the NYS resident in-state tuition rate at a SUNY or CUNY college for a reason other than residency
      • Note: Students seeking NYS financial aid for the first time, including TAP, must pass a federally approved ATB test identified by the Board of Regents if they do not have a U.S. high school diploma or equivalent
         
  1. Applicant’s permanent home is outside NYS, and they are or have ONE of the following:
  • U.S. citizen
  • Permanent lawful resident
  • Of a class of refugees paroled by the attorney general under their parole authority pertaining to the admission of aliens to the U.S.
  • U-Visa
  • T-Visa
  • Temporary protected status, pursuant to the Federal Immigration Act of 1990
  • Without lawful immigration status (including those with DACA status)
  • AND the applicant meets ONE of the following criteria:
    • Attended a NYS high school for 2 or more years, graduated from a NYS high school, and enroll or enrolled for undergraduate study at a NYS college within 5 years of receiving your NYS high school diploma OR
    • Attended a NYS high school for 2 or more years, graduated from a NYS high school, and enroll or enrolled for graduate study at a NYS college within 10 years of receiving your NYS high school diploma OR
    • Received a NYS high school equivalency diploma and enroll or enrolled for undergraduate study at a NYS college within 5 years of receiving your NYS high school equivalency diploma OR
    • Received a NYS high school equivalency diploma and enroll or enrolled for graduate study at a NYS college within 10 years of receiving your NYS high school equivalency diploma OR
    • Are or will be charged the NYS resident in-state tuition rate at a SUNY or CUNY college for a reason other than residency

Duration of Residency. For grant and scholarship programs requiring award recipients to be NYS residents, the student must be a legal resident of NYS for at least 12 months prior to enrollment in college and before the term for which assistance is sought. Undergraduate students who have not been legal residents of NYS for at least 12 months can satisfy this requirement if they are currently legal residents and were legal residents during the last two semesters of high school, regardless of any intervening time spent outside NYS. Graduate students who have not been legal residents of NYS for at least 12 months can satisfy this requirement if they are currently legal residents, were legal residents during their last two semesters of undergraduate study, and have continued to be legal residents until matriculation in their graduate programs. However, non-residents who begin full-time study in NYS during their first year of residing in NYS are not generally eligible for state-sponsored student aid, even though they may have resided in NYS for 12 or more months. Veterans or former National Service Volunteers who were legal residents of NYS upon entry into the service can meet the 12-month requirement if they re-establish legal residency within six months of release from active duty, regardless of how long they were absent from NYS and regardless of legal residencies established elsewhere. 

Exceptions to 12-month rule: To receive assistance through the following programs, the student need only be a legal resident of New York State at the start of the term for which assistance is sought, matriculate at an eligible NYS institution, and meet program requirements:

  • Regents Award for Children of Deceased or Disabled Veterans (CV) (Service member must have been a legal resident of New York State at the time of service where death or disability occurred)
  • NYS World Trade Center Memorial Scholarship
  • Flight 3407 and 587 Scholarships
  • MERIT (The member of the United States Armed Forces or state-organized militia must have been a resident of NYS at the time they died or became disabled performing their military duties)
  • Memorial Scholarship for Families of Deceased Firefighters, Volunteer Firefighters, Police Officers, Peace Officers, and Emergency Medical Service Workers (The public servant must have died as a result of an injury sustained in the line of duty in service to the State of New York while employed by NYS or any of its political subdivisions)


Loss of Residency. New York State residency is lost when the student discontinues permanent legal residence in the state. The student is ineligible to receive any state-sponsored financial aid award that requires New York State residency for any term of study beginning after residency is lost.

Disputed Residency. In most instances, HESC will provide students whose residency it is questioning with a New York State Residence Review Questionnaire before a final residency determination is made. Students who need to document legal residence must complete this questionnaire and return it to HESC. Students who have been denied an award on grounds of residency before submitting a questionnaire may appeal by submitting the questionnaire. Dependent students who wish to apply for recognition of a residency separate from their parents should submit the questionnaire, which is available from HESC upon request.

c. Programs of Study -- Approved and Non-approved

To be eligible for any state-sponsored scholarship or award, the student must be enrolled in an approved program of study. An approved program is one registered by the New York State Education Department or, where applicable, by the New York State Department of Health, as of the start of the term for which assistance is sought. The program must be specifically approved as eligible for state awards. This includes vocational programs deemed eligible by SED for the Veterans Tuition Award (VTA). HESC is guided by lists of approved programs provided by the New York State Education Department on its Inventory of Registered Programs or other listing as applicable to the VTA, or, where applicable, the New York State Department of Health. The State Education Department approves all programs. Inquiries concerning program registration should be directed to that agency.

Note: Approval of programs for Non-degree PT TAP for Workforce Development programs is handled by HESC’s General Counsel’s office. See Appendix B for more details on the administration of this program.

Because students are required to be enrolled in an approved program of study to receive state-sponsored awards, the institution must offer - and students must follow - the program as it was approved and must be listed in the institution's course catalog. Deviation from the program requirements as approved can lead to possible audit questions and jeopardize the student's eligibility.

Collegiate Institutions. Approved programs of study at collegiate level institutions are those leading to a degree or to a diploma or certificate fully creditable to a degree. The Regulations of the Commissioner of Education require diploma and certificate programs to be at least one academic year in duration, defined as at least 24 semester hours or the equivalent, to be approved programs of study for award payment purposes

Non-collegiate Institutions. The following types of postsecondary programs of study at non-collegiate institutions are approved for award payment purposes:

  • Hospital Schools of Nursing--programs leading to a registered professional nurse license
  • Other Health-related Institutions--programs leading to a practical nurse license or to state certification in an area of medical or health technology
  • Registered Private Business Schools--two-year programs of at least 1,440 clock hours and requiring at least 12 months but no more than 24 months to complete

Theological Study. Students engaged in the professional study of theology are ineligible for any award or scholarship HESC administers except for institutions that are eligible under 8 NY CRR Chapter XXII (See Chapter XXII Tap Schools | HESC for more information).

Theological study includes, but is not limited to, pursuing the following degrees. These are degrees for students seeking professional training for the purpose of being ordained as a member of the clergy. Students who study religion in the liberal arts context in programs that lead to liberal arts degrees, such as the Bachelor of Arts, are eligible for State financial aid. 

  • Bachelor of Divinity (B.D.)
  • Bachelor of Hebrew Literature (B.H.L.)
  • Bachelor of Religious Education (B.R.E.)
  • Bachelor of Sacred Theology (S.T.B.)
  • Bachelor of Theology (B.Th.)
  • Master of Divinity (M.Div.)
  • Master of Hebrew Literature (M.H.L.)
  • Master of Religious Education (M.R.E.)
  • Master of Arts in Religious Education (M.A. in R.E.)
  • Master of Sacred Theology (S.T.M.)
  • Master of Theology (M.Th.)
  • Master of Arts in Theology (MA in Th.)
  • Doctor of Hebrew Literature (D.H.L.)
  • Doctor of Ministry (D.Min.)
  • Doctor of Religious Education (D.R.E.)
  • Doctor of Theology (D.Th.) 

d. Matriculated Status

To be eligible for any state-sponsored grant or scholarship, a student must be matriculated in an approved program of study. A student shall be considered matriculated only if the courses pursued by the student are fully recognized at that time as contributing towards fulfillment by the student of the requirements for completion of the program. A matriculated student is one:

  • who has filed a written admissions application at an institution offering approved programs of study to earn a degree, diploma, or certificate
  • whom the institution deems as being qualified to undertake the course of study for that degree, diploma, or certificate
  • whom the institution recognizes as a candidate for that degree, diploma, or certificate
  • who has registered for courses or other academic activity that the institution recognizes as contributing toward fulfilling the requirements for that degree, diploma, or certificate

Students enrolled in one of the following opportunity programs for the educationally and economically disadvantaged are considered to be matriculated solely by virtue of their acceptance into the program:

  • College Discovery (CD)
  • Educational Opportunity Program (EOP)
  • Higher Education Opportunity Program (HEOP)
  • Search for Education, Elevation and Knowledge (SEEK)

Students enrolled in non-instructional external degree programs approved by the New York State Commissioner of Education are also considered matriculated.

Deferred Major. To be considered matriculated for financial aid purposes, the New York State Education Department requires that the student declare a major by the beginning of the sophomore year if enrolled in a two-year degree program or by the beginning of the junior year if enrolled in a baccalaureate program. Beginning of the sophomore/junior year is interpreted to be within 30 days of the end of the drop/add period. Students who later change their majors are still considered to be matriculated. In some cases, students may receive a deferral of the declaration of a major for an additional semester.  See SED’s memo for more information on an amendment of Section 145-2.4 of the Regulations of the Commissioner of Education Relating to the Deferment of the Declaration of a Major by Matriculated Students for State Financial Aid Purposes.

Retroactive Matriculation. Retroactive matriculation by the institution establishes a student's eligibility for state awards retroactively only if such action was necessary to correct an administrative error or delay in reviewing the credentials of a student who was originally eligible for matriculation.

Conditional Matriculation. Conditional matriculation does not satisfy matriculation requirements if a student was accepted into a program of study based on his/her satisfactory completion of any special requirements establishing qualification to pursue the program of study successfully. However, any student required to complete certain courses to make up deficiencies in background or training may be considered matriculated, provided acceptance into the program was not conditional upon completing those requirements.

Non-matriculated Status. Students are considered non-matriculated in the following circumstances:

  • students enrolled in courses solely for teacher certification, licensure, or other external requirements (for example, students enrolled in Fifth Pathway programs). Exception: The New York State Education Department has approved for state financial aid awards for students enrolled in teacher certification programs that result in a certificate and a provisional teaching license
  • individuals enrolled in courses solely for personal or cultural enrichment
  • individuals enrolled in postdoctoral programs.

e. Full-time Status

Definition. The New York State Commissioner of Education defines full-time status at collegiate institutions as enrollment for at least 12 semester hours for a term of at least 15 weeks or 100 days, including exam periods, or the equivalent. The Commissioner defines a semester hour as a credit, point, or other unit granted for the satisfactory completion of a course that requires at least 15 hours of 50-minute instruction periods and at least 30 hours of supplementary assignments. For trimester/quarter institutions, the equivalent is enrollment for at least eight semester hours for a term of at least 10 weeks, including exam periods. "Equivalents" can also include independent study, practice teaching, graduate assistantship, thesis or dissertation research, preparation for language or qualifying exams and non-credit remedial courses. These "equivalent" activities must be required as an integral part of the student's program of study.

NOTE: Credit-bearing courses in the student's minimum full-time course load (12 semester hours or the equivalent) must consist of courses applicable to the student's program of study as a general education requirement, major requirement, or elective. Minors cannot be included in the minimum full-time course load unless they are included in the approved program of study or if courses within the minor can count as a general education requirement or elective. The minor must be listed in the course catalog as part of the approved program. The only exception is in the student's second to final term of study and final term of study, where appropriate: 

  • If the student needs fewer than 12 credits to complete the program, other courses may be included to determine full-time status even if not required to complete graduation (program) requirements. A student may meet the full-time [or part-time study] requirement in their last semester of eligibility in their program of study if the student takes at least one course needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent. 
  • A student may meet the full-time study requirement in the semester prior to their last semester of eligibility in their program of study if the student takes at least six semester hours needed to meet their graduation requirements, and the student enrolls in at least 12 semester hours or its equivalent. Additionally, student may apply for a full-time waiver, which was added to the Commissioner’s regulations in June 2024. SED provides additional guidance on the administration of the full-time waiver: Guidance on waivers of full-time study requirement for select scholarship programs (Per Amendment of Section 145-2.1 of the Regulations of the Commissioner of Education)

The full-time waiver applies to programs under the authority of SED per the guidance, including the Scholarship for Academic Excellence, Veterans Tuition Award, and Memorial scholarships.  It does not apply to programs solely administered by HESC, such as Excelsior, Enhanced Tuition Award (ETA), Science, Technology, Engineering and Mathematics (STEM), Math and Science Teaching Incentive (MSTI), Master's in Education (MIE), NYS Child Welfare Worker Incentive Scholarship, and Senator Patricia K. McGee Nursing Faculty Scholarship.

Part-time study, except as otherwise noted for accelerated study (six credits), is defined as enrollment for at least three semester hours but fewer than 12 semester hours or the equivalent.

Half-time study is defined as enrollment for at least six semester hours but fewer than 12 semester hours or the equivalent.

Attendance at an intersession or mini-term may not be combined with an adjacent regular term to achieve full-time status unless formally linked by SED in a simulated term arrangement (currently under review by SED). However, if an institution offers more than one summer session, all attendance and credits at these sessions are combined into a single summer term for award purposes.

NOTE: At non-degree institutions, which measure study solely in terms of clock hours, full-time status requires attendance for a minimum of 24 clock hours per week.

Repeated Courses. Courses in which the student has already received a passing grade cannot be included in meeting full-time study requirements for state-sponsored financial aid. Repeated courses may be counted toward full-time study requirements if a student repeats a failed course, if a student repeats the course for additional credit, or when a student has received a grade that is passing at the institution but is unacceptable in a particular curriculum. Repeat course may be counted in the full-time study requirements in the second to last term and final term exception as the non-program coursework if the student meets the eligibility requirements for the exception.

Remedial Courses. For payment purposes, remedial courses may be counted toward full-time study requirements. Up to one-half of a student's minimum course load can consist of non-credit remedial courses (for example, six credits at a semester institution), except that during the first term of college-level study, the minimum full-time course load of 12 semester hours can include up to nine hours of non-credit remedial hours. Credit-bearing courses need equal only one-fourth of the minimum full-time study requirement in the first term (for example, three credits at a semester institution).

Students who are not in an opportunity program and meet the TAP eligibility criteria can receive assistance through the STAP program if they are enrolled in a program consisting of all remedial courses in the summer term before or after their first academic year of college study in New York State on either a full-time or part-time basis. See Chapter One for more information on STAP.

Time of Assessment. Students can achieve full-time status for a particular term if they register for sufficient credits before the certification status date (date in the term when the student will be liable for full tuition for courses taken during that term—typically at the end of the drop/add period) and provided that the student has not withdrawn or dropped below full-time status before the first day of classes. Additionally, students must have accrued a tuition liability for each of the credits constituting the full-time study requirement.

Students Not Charged Full-time Tuition. If the following types of activities are required as integral to the student's program of study and contribute to the full-time study requirement, and no tuition is charged for the activity, the student is exempted from the requirement of having a tuition liability for each of the full-time credits:

  • independent study
  • graduate assistantship
  • thesis or dissertation research
  • preparation for language or qualifying examinations
  • remedial courses

However, awards based on tuition liability cannot exceed the actual tuition liability. Registration fees and other fees are not considered tuition.

Students Who Fail to Attend. To receive state-sponsored student aid, New York State Education Law specifies that students attend school full-time as defined by the Commissioner of Education. Since there is no law or regulation requiring degree-granting institutions to monitor attendance, the Commissioner had defined full-time attendance as enrollment for 12 or more credits per semester. Accordingly, while HESC expects schools to make a good-faith effort to ensure that students who never actually attend are not certified for awards, HESC will allow the certification of students who register for sufficient credits and incur a full tuition liability but fail to attend classes. However, when certifying students on this basis, the school should be able to demonstrate that through its normal practices and procedures, it was unaware that the student never attended classes; that there has not been a refund or forfeiture of any other financial aid funds for non-attendance; and that it has made arrangements to collect full tuition liability for that term.

Medical/Health Waiver. The full-time study requirement can be waived if the student absolutely cannot engage in full-time study because of health or medical reasons. The student must present to the school for approval satisfactory medical evidence substantiating that a serious illness or other adverse physical condition requires restricting the student's program of study. If approved, the work of two or more terms of study may be combined into a regular full term of study (12 credits or more at a semester-based institution). Situations like these require the institution to certify the student's eligibility for an award during the term when the student has accumulated enough credits for a term award. The school should also assess the student’s situation to determine whether they may benefit from receiving a PT TAP award (See Chapter One for more information on the requirements for PT TAP).

Students With Disabilities. Effective with the 1998-99 academic year, students who are disabled, as defined by the 1990 federal Americans with Disabilities Act (ADA), do not have to attend school full-time to be eligible for TAP awards. These students are eligible for a partial TAP award if they are attending part-time (at least three credits per semester or the equivalent). The student must still meet all other TAP eligibility requirements. In addition, the TAP certifying officer must be able to document that the student is disabled as defined by the ADA. Those records can be obtained from the designated campus ADA representative (See Chapter 5.09 Special Certification Procedures).

f. High School Graduation Requirement

To be eligible for New York State (NYS) administered financial aid, students must meet the secondary education requirements in NYS Education Law. The requirements differ depending on when a student first began receiving NYS-administered financial aid.  This requirement does not apply to eligibility requirements for Non-degree Part-time TAP for eligible workforce development programs. Additionally, some scholarships require an applicant to graduate from a NYS public or SED registered non-public NYS high school.

To be eligible for any state-sponsored grant or scholarship award, students who first receive aid in:

  • academic year 1996-97 to academic year 2006-07 must have:
    • a high school diploma, or
    • the recognized equivalent of a high school diploma (e.g., GED), or
    • a passing score as determined by the U.S. Secretary of Education on a federally approved ability-to-benefit test
  • academic year 2006-07, must have:
    • the recognized equivalent, or
    • a passing score on a federally approved ability-to-benefit test independently administered and evaluated as provided by the NYS Commissioner of Education
  • academic year 2007-08 and thereafter, must have:
    • a certificate of graduation from a school providing secondary education from a state within the United States, or
    • the recognized equivalent (e.g., GED), 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
  • Beginning with the 2026-27 academic year, graduates of certain online high schools are eligible for NYS financial aid through HESC.  For a graduate of an online high school to be eligible for NYS financial aid, the school must:
    • Be located in the United States; and
    • Meet the same accreditation standards used by the federal Job Corps program

To meet the federal Job Corps standards, an online high school must be 

  • Authorized by the state educational agency (SEA) in which the school is located, or 
  • Regional accreditation*
  • AND accreditation from the Distance Education Accrediting Commission (DEAC)

*Regional accreditation by one of the following

The NYS Board of Regents identifies, approves, and posts the federally approved ATB tests on NYSED’s website.

A student can earn a high school equivalency diploma in New York State in one of four pathways: (1) by taking and earning passing scores on a GED test or (2) by completing 24 semester hour credits in specified college level subjects as a recognized candidate for a degree in an approved (accredited) institution or (3) through the National External Diploma Program or  (4) Regents-High School Equivalency Exam.  For more information on High School Equivalency Diploma, visit NYSED High School Equivalency (HSE).

Note: 

  • The New York State High School Equivalency diploma may also be awarded to those candidates who meet all New York State requirements and who submit an official report of results from a GED® Test taken outside New York State prior to 2014. Candidates will receive a diploma and an official transcript certifying that they were awarded the New York State High School Equivalency diploma based on GED® testing out of state
  • For financial aid purposes, a record of a prior (postsecondary) degree earned by a student is acceptable

Other High School Diploma Categories

Please note the following information related to high school diplomas from non-registered brick and mortar schools, for students seeking NYS administered financial aid. Only public and registered nonpublic schools in New York State are permitted by Education Law to award diplomas. Students who are currently legal NYS residents, or meet the Jose Peralta Dream Act residency requirement:  

  • who earned a high school diploma from a nonregistered NYS ‘brick and mortar’ school – high school diplomas from nonregistered brick and mortar schools are not recognized as meeting the secondary education requirement for NYS administered financial aid programs  

Note: A letter from a local school district superintendent confirming that the student has received an education "substantially equivalent" to instruction given to students graduating high school in the public school is not an option for NYS administered  financial aid for students in the above three circumstances, as that pathway only applies to homeschooled students meeting home instruction requirements under 8 CRR NY 100.10.  As such, students may choose one of the other options listed above for meeting the secondary education requirement for NYS administered financial aid programs.

Concurrent high school/college programs

A student who is concurrently enrolled in high school and college (e.g., Ptech) is not eligible for State administered financial aid programs and cannot take the ATB to become eligible. Students in these programs do not have a high school diploma, are working toward a high school diploma and a degree concurrently, and are not considered matriculated.  

Students who are fully matriculated in an approved college program may receive NYS administered financial aid if they: meet the high school diploma requirement, earn a recognized equivalent, or take and pass an approved ATB.

g. Good Academic Standing

To receive state-sponsored grants or scholarships, the student must be in good academic standing. For financial aid purposes, good academic standing consists of two components:

1. Pursuit of Program-- defined in regulations as completing—getting a grade in--a percentage of the minimum amount of study (course-load) in each term, an award is received. The percentage, as specified in regulations, begins at 

  • 50 percent of the minimum full-time course load in each term of the first year an award is received, to 
  • 75 percent in each term of the second year an award is received, to 
  • 100 percent in each term of the third year an award is received and thereafter 

Sometimes it is difficult to ascertain where a student should be evaluated.  Reviewing the number of NYS awards the student has received can help schools determine which percentage the student may be assessed at. However, a student who receives an accelerated study payment may be assessed at the percentage for one full academic year as indicated above. (Summer is the header term for financial aid purposes).  If the placement is unknown (e.g., transfer student), the percentage can be determined according to the following schedule: 

Number of paymentMust receive a grade for

Semester

Trimester/Quarter

 
1, 21,2,350% of the minimum full-time requirement (six credit hours a semester, four credits a trimester)
3, 44,5,675% (nine credit hours a semester, six credits a trimester)
5 or more7 or more100% (12 credit hours a semester, 8 credits a trimester)

For half-time accelerated payments, the above percentages are applied to the minimum half-time requirement (six credits on a semester calendar) to determine pursuit of program. The pursuit of program requirement is continuous as a student continues from undergraduate to graduate study; payments a student received as an undergraduate are added to graduate payments to determine the number of payments.

See TAP Coach: Program Pursuit for more information.

2. Satisfactory Academic Progress--a requirement that students accumulate a specified number of credits and achieve a specified cumulative grade point average each term, depending on the number of state award payments students have received. 

  • For students who received their first state award prior to and including academic year 2005-06, institutions are required to use a standard of satisfactory academic progress, approved by the New York State Commissioner of Education, to determine academic progress
  • The law enacted in 2006 mandated minimum standards of satisfactory academic progress for students receiving their first State award in academic year 2006-07 
  • Effective for the 2010-11 academic year and thereafter, New York State Education Law requires a non-remedial student, whose first award year is in 2010-11 and thereafter, must meet new standards of satisfactory academic progress (SAP) 
    • Non-remedial students whose first year is 2007-08 through 2009-10 must meet the SAP requirements enacted in 2006
    • Those meeting the definition of "remedial student" are not subject to the 2010-11 SAP standards, but will use the requirements established in 2006 Select Satisfactory Academic Progress to view the current SAP charts

NOTE: After students have received the equivalent of four semester payments of any state award, students must maintain a GPA of at least 2.0 on a 4.0 scale. 

See TAP Coach: Satisfactory Academic Progress for more information.

Determining Number of Payments. HESC uses a payment point system to determine the number of state award payments students have received. More information on payment points is in Chapter 5, Section 5.05.

Time of Assessment. Good academic standing must be evaluated each term. Students must meet both POP and SAP requirements for that term to be considered in good academic standing.  The institution will look at a term’s SAP and POP to determine whether a student is eligible for the next payment.

Loss of Good Academic Standing. Students who lose good academic standing (SAP and/or POP) in a term when they received a state grant or scholarship are not eligible for an award for the next term.

Reinstatement of Good Academic Standing (regaining eligibility). Students who have lost good academic standing may restore this standing in one of the following ways:

  • make up past academic deficiencies by completing one or more terms of study without receiving any state grants or scholarships
  • be readmitted* to school after an absence of at least one calendar year, or
  • transfer to another institution
  • be granted a waiver

Students who are dismissed and have failed to maintain good academic standing for financial aid purposes may regain eligibility for State-administered financial aid upon readmission under the following conditions: 

  • the student is returning to college after an absence of at least one calendar year; 
  • has not received State financial assistance at another institution; and
  • meets the institution’s academic requirements for readmission. 

Note: if the student was dismissed for academic reasons but met the good academic standing requirements for a subsequent payment of TAP or another general award, the student is eligible upon readmission. 

A student cannot regain eligibility by changing programs within an institution. Such students can regain eligibility only by being granted a waiver, by making up deficiencies at their own expense, or by being readmitted to the institution after an absence of at least one calendar year.


One-time Waiver. New York State Commissioner of Education regulations permit students to receive a one-time waiver of the good academic standing requirement as an undergraduate and a one-time waiver as a graduate student. The one-time waiver is applicable to the following general awards: 

  • Tuition assistance program (TAP) (includes PT TAP)
  • Regents' awards for children of deceased and disabled veterans (CV)
  • Memorial scholarships for children, spouses, and financial dependents of deceased firefighters, volunteer firefighters, police officers, peace officers, and emergency medical service workers 
  • World Trade Center memorial scholarships (WTC)
  • Military Enhanced Recognition, Incentive and Tribute ("MERIT") scholarships 
  • Veterans Tuition Awards (VTA) 
  • Scholarships for academic excellence (SAE) 
  • American Airlines flight 587 memorial scholarships 
  • Continental Airlines flight 3407 memorial scholarships 

The institution issues the waiver if there are extenuating circumstances. The institution is required to publish and adhere to the criteria under which it will grant a waiver. Institutional personnel are required to discuss the waiver with the student before granting one. The waiver is not automatic and must be done in accordance with the institution's published criteria. For each waiver granted, the institution must maintain a clear, accurate, and complete record.  Improperly granting waivers can result in an audit disallowance against the institution.

State Education Department guidelines on the use of waivers recommend that institutions appoint a waiver officer who will be responsible for reviewing waiver applications, making waiver decisions, and maintaining the necessary case record. Institutions are cautioned that not all students who fail to satisfy the good academic standing requirements are necessarily candidates for a waiver. For example, “difficulty adjusting to college life” is not a reasonable basis for a waiver, since that circumstance might apply to many students. Situations that caused a student to lose good academic standing should be beyond the student’s control, not chronic circumstances that cannot (Rev.9/25) 127 be remedied. With the additional term that results from approval of the waiver, a student should be able to regain good standing.

To grant a one-time waiver of good academic standing, the school enters a "W" in the waiver column when certifying on the payment roster.

HESC maintains a record of all good academic standing waivers granted and includes a "W" on the payment roster for students previously granted a waiver. These students cannot be granted any additional good academic standing waivers. 

More detailed information on good academic standing is in Appendix C in the citation from the "Revised Guidelines for Implementation of Regulations Concerning Program Pursuit and Academic Progress" (memorandum 81-12), the State Education Department issued in October 1981. Also see TAP Coach topics for additional information.

Beneficial Placement. Beneficial placement is a policy that applies when a recipient of State administered financial aid in good standing transfers to another institution or, within the same institution, changes academic programs.

Though “beneficial placement” is not cited directly in the Commissioner’s regulations, it applies only with respect to SAP and means that a student can be re-positioned on the SAP chart based either on the number of credits accrued (earned) or the number of payments received, whichever is more beneficial to the student.

For students transferring or changing programs within an institution, the same beneficial placement policy applies, provided the student is in good academic standing at the time of the change of program. A student who has failed to maintain good academic standing cannot regain eligibility by changing programs in the same institution. 

Students who, in prior terms, have received the equivalent of two or more full years of State-funded student financial aid payments must have a cumulative C (2.0) GPA to be eligible for continued State-funded assistance. These students will have accumulated 24 or more payment points and must meet the C-average requirement regardless of where they were “beneficially placed” on the SAP chart. Beneficial placement does not have a bearing on the pursuit of the POP requirement. 

Although the student’s total entitlement of four years of undergraduate TAP is not affected by beneficial placement, this policy does permit a student, in situations similar to the examples above, time to adjust to a new institution or new program by having to meet credit accrual requirements at a more gradual rate than might otherwise be the case.

For additional information, see Appendix C - Commissioner's Guidelines on Good Academic Standing, Transfer Student Eligibility section, and TAP Coach: Beneficial Placement.

h. C/Average Requirement

Students Affected. Effective fall 1996-97, students who have received the equivalent of two or more full years of state-funded student financial aid must have and maintain a cumulative GPA of C (2.0 on a 4.0 grading scale) or better to be eligible for continued state-funded assistance. These students would have accumulated 24 or more payment points in prior terms. All state grant and scholarship general awards (see section g. above) requiring the recipient to meet good academic standing requirements, except for STAP, are subject to this requirement.

Readmitted Students. Students who have received two or more years of payment of any state awards and who are readmitted to an institution they previously attended must have a cumulative GPA of C or better to receive any further state-sponsored student aid. If students return without any transfer credits from another institution, the cumulative GPA would be based on prior grades earned at the institution. If students return with transfer credits, prior grades earned at the institution may be combined with a presumed grade of C for transfer credits to determine students' cumulative GPA.

Transfer Students. Students who have previously received payment of state awards at one institution and are transferring to another institution may be presumed to have a grade of C for all transfer credits.

Students Changing Programs of Study. The C-average requirement cannot be circumvented by a change in the program of study. If a student, after receiving two years of state-funded student aid, did not achieve a C-average (2.0) in the last program of study, the student cannot regain eligibility by changing a program of study.

Repositioned Students on SAP Chart (C-average). "Beneficial Placement" permits an institution to reposition a transfer student or a student in good academic standing who is changing programs within an institution based either on the number of payments received or credits accrued, whichever is to the student's benefit. Such students must still meet the 2.0 GPA requirement if they have received two or more years of payment, even if they are repositioned at a point on the chart where a GPA of less than 2.0 is required.

Regaining Eligibility. Students who are denied an award for failing to achieve a cumulative GPA of C can regain award eligibility by completing appropriate coursework -- without state support -- to achieve a cumulative GPA of C. Students cannot regain eligibility by remaining out of school for a period of time.

Waiver of the C-Average Requirement. The C-average requirement may be waived for undue hardship based on:

  • the death of a student's relative
  • the student's personal illness or injury, or
  • other extenuating circumstances

A waiver must be documented and must relate to circumstances that have affected the student's ability to achieve a cumulative C-average as of the end of a particular semester or term.

The C-average waiver is separate from the one-time good academic standing waiver and may be granted more than once if circumstances warrant.

Schools must maintain documentation of why waivers are granted in the student’s record, but do not have to report the waiver during the certification process to HESC. Students lacking a C-average who are found to be ineligible for a waiver should be decertified for not being in good academic standing. See Appendix C and TAP Coach: C-Average Requirement for more information.

i. Minimum Tuition Requirement

To qualify for a tuition-based award (TAP, PT TAP, STAP), the student must incur a tuition liability of at least $200 per academic year prorated by term, $100 per semester, or $67 per trimester/quarter.

Students with a term tuition liability less than those above are not eligible to receive a TAP or STAP award.

There is no minimum tuition requirement for other grant or scholarship programs administered by HESC.

j. Guaranteed Student Loan Default

Students who are in default on any federal or State student loan are not eligible for any state-sponsored grant or scholarship program.

Determining Default Status. Student loans are those made by federal or state governments for post-secondary education. HESC can determine default status through their records and by checking with NSLDS. A student is in loan default unless the student has cleared the default by paying the loan in full, bringing payment current, the student has been discharged in bankruptcy, or has successfully rehabbed or consolidated their loans.

In some instances, students may be approved for an award and placed on a payment roster but later enter default status. HESC will attempt to advise institutional personnel when situations like this occur and will process an in-house transaction to decertify the student. The institution should never certify students for a scholarship or award if HESC has advised the institution of a loan default status. Similarly, institutions should contact HESC's Priority Services for instructions before certifying the student if they suspect a student may have defaulted on a loan.

Clearing Default Status. For a student to receive an award for any term of a given academic year, HESC must clear the default by June 30 of that academic year. HESC will reprocess payment applications for students who were previously denied an award because of loan default status if the default is cleared by June 30. Students whose default is cleared after June 30 will not be eligible for an award for any term of that academic year when they were in loan default status.

k. Special Eligibility Conditions

The following can affect student eligibility to receive state awards:

Academic Discipline. Students on academic discipline with their college may be at risk for not meeting good academic requirements.  College administrators should assess the student’s status and notify students who may be at risk for losing eligibility.

Failure to Enroll in Specified Approved Program. Except for certain scholarships (e.g., Scholarship of Academic Excellence), students' eligibility to receive many scholarships that HESC administers is limited to students who are enrolled in a specific program of study for which the scholarship was intended. The appropriate program of study for each scholarship is in the program descriptions in Chapter 1. Although students may be awarded a scholarship, they may not be certified for scholarship payment if they fail to enroll in the required program of study or if they transfer to a program of study not approved for the scholarship.

Changing Program of Study Mid-semester. Students should be careful regarding the timing of changing their program of study.  A change mid-term may put the student at risk for not being enrolled in coursework applicable to their program of study if they are still enrolled in coursework applicable to their previous program of study, and their declared program on record was changed prior to completing the current term coursework.  College administrators should advise students accordingly.

Incarcerated Students. Effective in the 2022-23 school year, incarcerated students in federal, state, or other penal institutions are eligible for TAP to fund post-secondary education, engage in programming that will expand their employment opportunities and their futures, and help reduce recidivism rates and ensure higher success among this population upon release.  The corrections system coordinates with higher educational institutions and manages educational activities within their facilities.

All TAP eligibility requirements are the same for this population.  Students apply for TAP with the assistance of college administrators.  Since incarcerated students typically do not have access to the online FAFSA and TAP application, college administrators are provided with a paper TAP application to provide to students who will complete and return it to the administrator. The student provides consent for the administrator, who is provided access and approval to submit the application on behalf of students through a designated HESC portal. Please refer to the TAP Application for Incarcerated Students | HESC for more information.

To process student applications, determine eligibility, and calculate awards, HESC requires students applying for state grants or scholarships to furnish the following information:

a. Social Security Number

The Social Security number is a unique number that identifies a student and enables HESC to maintain a record of all payments a student receives. HESC also uses it to verify income information. All student records are accessed and maintained via the Social Security number. HESC cannot process an application for any state grant or scholarship award without a valid Social Security number.

Students who do not have a valid Social Security number should obtain one before submitting an application or, if eligible, complete the NYS Dream Act application. HESC will not extend application filing deadlines to enable a student to obtain a Social Security number. 

b. Student ID

A Student ID is one issued by the institution where the applicant is enrolled/enrolling. HESC will use the Student ID for purposes of eligibility processing, certification processing, and tracking remaining payment eligibility for the State awards. Students may not have or know their student ID at the time of applying. Colleges will send student ID files to HESC for student State financial aid recipients enrolled at their institution.

c. Marital Status

Students applying for state grants or scholarships must report their current marital status - married or unmarried (single, divorced, widowed, or separated). Students who have been married, widowed, or separated/divorced must also provide the date of this event.

Since students' marital status can be a factor in award calculation and in determining financial independence, HESC cannot process student applications for state awards unless students provide marital status information.

If separation/divorce occurs after the tax year on which an award is based (for example, 2024 for the 2026-27 academic year), applicants must include the spouse's Social Security number on the application.

d. Educational Plans

State grants and scholarships are paid through the participating institution. Accordingly, students must indicate the institution where they will be enrolled for each term of the academic year. For award calculation purposes, HESC will presume the first New York State institution listed on the FAFSA to be the college the student will attend. This will be prefilled on the online TAP application. A school code list is available on HESC’s Website, and students may make any appropriate changes when submitting the online application to HESC for processing.

Students don't have to be accepted at a particular institution at the time they submit an application for payment. However, since award funds will be sent to the institution listed on the application, students should be fairly certain of their education plans before applying. Students who change their plans after submitting an application can change their college code in their HESC account on HESC's Website.

A college may also submit a change on behalf of a student (see Chapter 4, Section 4.04).

e. Level of Study

Students applying for any state grant or scholarship must report their level of study. There are two levels of study-- undergraduate and graduate. The level of study indicated will determine the TAP award payment schedule, the conditions that must be met for financial independence claims for applicants younger than 22 years old, and determine scholarship eligibility, as most of the state grant and scholarship programs are specifically intended for either undergraduate or graduate study.

Undergraduate Study. This level refers to matriculation in a program of study leading to an associate or baccalaureate degree or in a diploma or certificate program creditable toward an associate or baccalaureate degree.

Graduate Study. This level refers to matriculation in a program of study leading to a degree above the baccalaureate level - master's degree, first professional degree, doctoral degree, or an advanced certificate program creditable to one of these degrees. Graduate-level study applies to certain scholarships, but no longer applies to TAP, as funding was eliminated for graduate TAP effective 2010-11.

Note: For the following levels, applicants should indicate they are in an undergraduate level of study:

  • Non-degree Workforce Development Study. This level refers to students enrolled in approved non-degree workforce development programs (includes approved micro-credentials) at a CUNY community college or a SUNY community college, or an agricultural & technical college.  These programs are eligible for Non-degree PT TAP. Applicants enrolled in these courses should indicate “undergraduate” level of study.  When certifying, colleges will indicate that students are in approved non-degree workforce development programs, and the student will have an indicator entry on their record.
  • Vocational Study. This level refers to students enrolled in vocational programs that are eligible for the Veterans Tuition Award (VTA). Applicants enrolled in these courses should indicate “undergraduate” level of study.  There is a separate certification process for vocational schools for the VTA program.

Concurrent Enrollment (Undergraduate/Graduate). If a student is taking both graduate and undergraduate courses, the degree for which the student is matriculated determines whether the program of study is considered undergraduate or graduate. 

Combined Degree Programs. The level of study for students enrolled in a program of study leading to both an undergraduate and a graduate degree will vary and will depend on the manner in which the institution(s) organizes the program.

HESC will consider students “undergraduate” for that segment of the program in which:

  • the institution formally recognizes the student as being in undergraduate status; and
  • the institution charges the student undergraduate tuition

The student will be considered a graduate student for that segment of the program in which:

  • the institution formally recognizes the student as being in graduate status; and
  • the institution charges the student graduate tuition

If the combined degree program requires more than four years to complete, the student cannot receive more than four years of undergraduate awards unless the New York State Education Department formally approves the undergraduate segment of the program as a five-year baccalaureate program. If not so designated, the student can receive undergraduate awards for no more than four years of study. Awards for subsequent study will be at the graduate level.

When certifying eligibility for state awards for students enrolled in combined degree programs, the institution must be certain that the level of study is consistent for all sources of financial aid. The institution cannot certify students, for example, for an undergraduate TAP award and a graduate-level scholarship or student loan during the same term.

Students' level of courses for which they are registered does not determine their level of study. Undergraduate students may be registered for graduate-level courses and graduate students may be registered for undergraduate-level courses, provided the courses are required or recommended for their program of study.

Students can be considered enrolled at the graduate level even if the undergraduate degree has not yet been formally awarded.

f. Five-year Programs

Normally, students may receive up to four years of assistance through state-sponsored student aid programs for undergraduate study. Under certain circumstances, however, students may receive a fifth year of payment for undergraduate study through the following programs if they are in an approved five-year program:

  • Tuition Assistance Program
  • Regents Award for Children of Deceased or Disabled Veterans
  • Memorial Scholarship for Families of Deceased Firefighters, Volunteer Firefighters, Police Officers, Peace Officers, and Emergency Medical Service Workers
  • World Trade Center Memorial Scholarships (WTC)
  • Military Enhanced Recognition, Incentive and Tribute ("MERIT")
  • Veterans Tuition Award
  • Scholarships for Academic Excellence
  • Excelsior
  • Enhance Tuition Award (ETA)
  • Science, Technology, Engineering, and Mathematics (STEM)
  • Math & Science Teaching Incentive (MSTI)
  • Child Welfare Worker Incentive
  • Flight 3407 Memorial 
  • Flight 587 Memorial
  • NYS Vaccination Incentive

Five-year Baccalaureate Programs. Students enrolled in a baccalaureate program that normally requires five years of study to complete, and which the New York State Education Department has specifically approved as a five-year undergraduate program, can receive a fifth year of undergraduate payment. Pharmacy and Architecture are examples of these programs. Combined degree programs and five-year cooperative programs, which are equivalent to only four academic years of study, are examples of programs that do not qualify as approved five-year undergraduate programs.

The five-year program designation only applies to students receiving a fifth year of payment through a single academic program. For example, grant and/or scholarship recipients who received four years of a scholarship payment but were ineligible for TAP during one of those years because of income could receive a TAP award for a fifth year (fourth payment) of undergraduate study even if they're not enrolled in an approved five-year program.

Opportunity Programs. Students currently enrolled in approved programs of study for the educationally and economically disadvantaged can receive a fifth year of undergraduate payment. Approved educational opportunity programs are College Discovery (CD), Educational Opportunity Program (EOP), Higher Educational Opportunity Program (HEOP), and Search for Elevation, Education and Knowledge (SEEK). Prior enrollment in one of these programs does not qualify a student for a fifth year of payment. Enrollment must be current.

g. Income Reporting

HESC bases TAP and STAP awards on students' taxable income and depending on circumstances, students' parents' and/or spouses' income. HESC ignores family assets such as savings and home equity, and liabilities such as medical expenses, except as reflected in taxable income. Income from state, federal, and local government pensions must be included when reporting income for State aid (effective since the 2009-10 award year). Private pension annuities, which have been excluded, must be included in the reporting of income for State aid (effective since the 2010-11 award year).

New York State Net Taxable Income. State net taxable income (NTI) as reported on New York State tax returns constitutes the basis for calculating a TAP or STAP award. Net taxable income includes wages, interest, dividends, and other forms of taxable income after all appropriate deductions and exemptions have been taken into consideration. Students and families must also include income from state, federal, and local government pensions and private pension annuities, which have been excluded, in the reporting of income for State aid.

Adjusted Gross Income.  Federal adjusted gross income (AGI) as reported on federal and NYS tax returns constitutes the basis for calculating an Excelsior and Enhanced Tuition Award. The AGI  includes wages, tips, interest, dividends, capital gains, business income, retirement income, and other forms of taxable income, minus certain allowable adjustments.

Scholarship or fellowship income, including the value of contributed services and accommodations, is not considered income for the purpose of NYS student financial aid programs. Income from scholarships or fellowships reported on a federal or State tax return should be subtracted from taxable income.

Income verification. HESC verifies income with the NYS Tax and Finance Department. HESC will make changes to income where applicable.

Non-filers. Applicants not required to file a federal or state tax return should indicate "did not file" on the application form.

If a person required to report income to HESC for award calculation did not file or was not required to file a tax return, the obligation to report income remains. Applicants must also report income exemptions and deductions as if a return had been filed.

Applicants who filed a federal tax return but did not file a New York State tax return must report income, exemptions, and deductions filed on the federal tax return. Applicants must also report income earned outside of New York State.

Previous Year Income. For TAP and STAP award purposes, applicants must report NTI or AGI, where applicable, from the “prior prior” (two years previous) tax year. This is used as a basis for calculating awards. For example, for the 2025-26 academic year, applicants use income reported for the 2023 tax year.

Family Income. The following persons must report net taxable income and income from state, federal, and local government pensions and private pension annuities, which have been excluded, when applying for a TAP or STAP award or AGI when applying for programs that require it:

  • applicant
  • applicant's parents, including stepparents and adoptive parents, if applicant is classified as being financially dependent on parental support (foster parent's income or guardian's income should not be reported), and
  • applicant's spouse, if married as of December 31 of the tax year for which income is being reported

Separated/Divorced Individuals Filing Joint Tax Returns:

  • Applicants and/or the parents of financially dependent students who were separated or divorced after December 31 should report the actual income data filed on the return on the application for payment. HESC will send an inquiry letter to determine the applicant's or custodial parent's share of joint income. HESC will then calculate the award based on the applicants'/custodial parent's income and a prorated amount of the separated/divorced spouses' income.
  • Applicants and/or the parents of financially dependent students who were separated or divorced on or before December 31 should report the applicant's and/or custodial parent's share of joint income on the application for payment. HESC will initially calculate the award on this income. To avoid the possibility that the award will later be recalculated based on joint income as a result of income verification, applicants who have submitted an application early in the year should, by July 1, submit a letter explaining the situation under separate cover. Applicants should include appropriate tax documentation-- W-2s, returns, proof of separate residence, etc. with the letter. If applicants have applied later in the year and are therefore unable to provide documentation before income verification, HESC will have to adjust the award through the income verification appeal process.

HESC calculates awards that require income by adding the income of all family members whose income is required to be reported.

h. Income Adjustment for Other Family Members in College 

HESC will allow an adjustment to the net taxable income used to calculate TAP and STAP awards if other family members are enrolled as full-time matriculated students in a postsecondary institution for at least one term of the same academic year for which an award is being sought.

For undergraduate students, HESC subtracts $3,000 from NTI for enrollment by a second family member. HESC subtracts another $2,000 for each additional family member enrolled. HESC then uses the lower taxable income resulting from this adjustment to calculate the student's award. For graduate students, NTI is divided by the total number of family members enrolled for postsecondary study, and the resulting income is used to calculate the award.

HESC considers another family member enrolled if they are attending a postsecondary institution approved for TAP, Pell Grants, or federal Direct Loans. The postsecondary institution is not required to be located in New York State.

i. Exclusion of Income

The income of parents and/or spouse may be excluded in cases of death, legal divorce, legal separation (filed with the court), or total and permanent disability occurring on or before December 31 of the tax year on which an award is based. The income may be excluded even if the applicant was claimed as a tax dependent by parents and/or spouse. In calculating a student's TAP or STAP award, HESC does not consider income that has been excluded. For Excelsior and the Enhanced Tuition Award, HESC will exclude income in cases of death, legal divorce, legal separation, or total and permanent disability occurring during or after the tax year, but prior to the start of the academic term/year for which they are applying for aid.

In situations involving parental separation or divorce, the incomes of both parents cannot be excluded. Only the income of the non-custodial parent may be excluded. However, applicants must report any support payments received from the non-custodial parent. Support payments will be added to family income for award calculation purposes.

For purposes of excluding income, separation means abandonment, a court injunction forbidding parental contact, or not living together for an extended period of time, as filed with the court for a legal separation agreement.

If, in situations involving divorce, a custodial parent remarries before the end of the tax year on which an award would be based, applicants must report the income of the custodial parent and their spouse.

j. Proration of Income

In calculating a TAP or STAP award, the applicant's parents' or spouse' s income may be prorated (i.e., only a portion of the income is used to calculate an award) in case of death, legal divorce, legal separation (filed with the court), or permanent and total disability if any of these events occur after December 31 of the tax year on which the award is based.

Proration of income based on separation occurring after December 31 must be based on a legal separation- separation by judicial decree or pursuant to an agreement of separation filed with a court of competent jurisdiction.

In case of parental separation or divorce, the income of the non-custodial parent is prorated.

Parents' or spouse's income may be prorated for permanent and total disability occurring after the tax year on which the award is based. However, income cannot be prorated for disability occurring before the end of the relevant tax year.

Schools may submit supporting documentation to HESC on behalf of the applicant before or after income verification.

Formula for Proration

Base Year 
Taxable
Income
x No. of Months
Status
Unchanged
/18
= Portion of Income
Used to Calculate
Award

Base year taxable income refers to taxable income, income from state, federal, and local government pensions, and private pension annuities (which have been excluded) earned in the tax year being used to calculate the award.

The number of months status unchanged refers to the number of months beginning in January before the start of the academic year, up to and including the month in which the event occurred. For example, for the 2025-26 academic year, the number of months from January 2025 to the month when the death, divorce, separation, or disability occurred. 

k. Financial Independence

Description. A student must apply for TAP as either a dependent student, which requires parental income information, or an independent student, which does not require parental income information. Applicants must report parental income unless the student meets certain conditions established in law and regulation that show the student to be financially independent of the parents. These conditions apply only to the TAP or STAP program and differ from the conditions used in defining "financial independence" for other aid programs, such as Pell Grants or public assistance.

Applicant Categories. To determine financial independence, applicants fall into one of the following categories:

  • Applicants 35 years old or older as of June 30 preceding the academic year for which assistance is being sought (June 30, 2025, for the 2025-26 academic year) are considered financially independent regardless of any other conditions
  • Applicants between 22 and 35 years old as of June 30 are considered independent if they meet all the basic conditions (see basic conditions)
  • Applicants who were married on or before December 31 of the preceding calendar year (e.g., December 31, 2024, for the 2025-26 academic year) are considered independent if they meet all the basic conditions (see basic conditions)
  • Applicants who were previously approved as independent students are considered independent if they meet all the basic conditions
  • Graduate students are considered independent if they meet all the basic conditions
  • Single undergraduates younger than 22 years old as of June 30 who are not in one of the above categories are considered independent if they meet both the basic and the special conditions

Basic conditions. Basic conditions applicants must meet to be considered financially independent are:

  • During the preceding year and during both calendar years of the current academic year (for example, 2024, 2025, and 2026 for the 2025-26 academic year), the applicant has not and will not reside with parents (or in a building or apartment owned or leased by the parents) for more than six weeks, even if applicants have paid rent to the parents

Applicants who have served on active duty with the U.S. Armed Forces or other National Volunteer Service would satisfy this requirement if they lived with parents for no more than six months immediately after being discharged. 

  • During the preceding tax year-- on which an award is based-- and the following year (for example,2024 and 2025 for awards made for the 2025-26 academic year), neither parent has nor will claim the applicant as a dependent for federal or state income tax purposes
  • During the preceding year and during both calendar years of the current academic year, the applicant has not received and will not receive financial assistance or support from parents in excess of $750, including gifts and loans

For applicants who are veterans and have been honorably discharged from the United States Armed Forces, only the basic condition relating to tax dependency is relevant. The basic conditions regarding residency with the parents and receiving financial assistance from the parents are, by law, not applicable. 

Special Conditions. To be considered financially independent, certain applicants younger than 22 years old must satisfy at least one of the following conditions:

  • Each parent is either deceased, totally or permanently disabled, or has been declared incompetent by judicial action
  • Applicant currently receives public assistance. Public assistance does not include food stamps, unemployment insurance, or aid as a dependent child under the Aid to Families with Dependent Children (AFDC) program
  • Applicant is a ward of the court. Ward of the court does not include status as an inmate in a correctional facility
  • There has been an involuntary dissolution of the applicant's family, resulting in relinquishment of parental responsibility and control
  • Applicant is a veteran and has been honorably discharged from the armed forces

In most of the above situations, documentation confirming the student's claim of financial independence will be readily available. However, in some instances, students encounter difficulty in documenting the involuntary dissolution of the family. In these situations, the applicant's condition must be authenticated (sworn statement) by a reputable third party who has direct knowledge of the applicant's circumstances. Such a person might be a clergyman, a legal aid representative, or a social worker.

Claims of involuntary dissolution of the family are evaluated on a case-by-case basis. Following, however, are several circumstances that would indicate involuntary dissolution:

  • Parents do not reside in the United States, or any of its possessions or protectorates, and parents are not citizens and do not provide any support to the student
  • Abandonment by the parents (i.e., parents' whereabouts unknown and lack of parental contact can be authenticated)
  • Evidence of parents mentally and/or physically abusing the applicant

The following conditions do not, in and of themselves, satisfy the special conditions for financial independence: 

  • applicant is a veteran
  • applicant's spouse older than 22 years
  • applicant is incarcerated
  • applicant is self-supporting

Students who are approved for financial independence will receive TAP awards based on their own income (and if married, their spouse's income). Parental income need not be reported to calculate a TAP award. However, independent students receive TAP awards under separate payment schedules, and the amount of the TAP award will differ from those awards paid under the schedules established for dependent students. 

Independence For Less Than A Full Year. In some instances, students may not meet all the basic conditions necessary to qualify for financial independence for the entire academic year. They may, however, qualify for financial independence for all terms beginning after January 1 of the academic year, if the following conditions are met: 

  • Student lived with parents for more than six weeks and/or student received more than $750 in financial assistance during the previous year but not during two subsequent years (for example, for 2025-26, the student lived with parents and/or received $750 assistance in 2024, but not in 2025 or 2026).
  • Parents claimed the student as a tax dependent for the previous year but not in the next year (for example, claimed in 2024 but not in 2025 for 2025-26).
  • If the student was younger than 22 years old as of June 30, the student must also meet special conditions as of January 1.

If parental income is reported, the student can receive an award as a dependent student for all terms beginning before January 1 and as an independent student for all terms beginning on January 1 or thereafter. If parental income is not reported, the student can only receive an award as an independent student for all terms beginning January 1 or thereafter.