New York A 5788: Amends the New York state college choice tuition savings program to have the program also apply to elementary and secondary schools
Status: REFERRED TO EDUCATION (as of 2026-01-07)
State: New York · Session: 2025-2026 · Bill: A 5788
Sponsors: Jodi Giglio
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript A05788 Summary: BILL NOA05788   SAME ASSAME AS S00388   SPONSORGiglio   COSPNSR   MLTSPNSR   Amd Art 14-A Art Head, §§695, 695-a, 695-b & 695-d, Ed L; amd §§612 & 658, Tax L; amd §78, St Fin L; amd §5205, CPLR   Amends the New York state college choice tuition savings program to have the program also apply to elementary and secondary schools. Go to top A05788 Actions: BILL NOA05788   02/20/2025referred to education 01/07/2026referred to education Go to topA05788 Committee Votes: Go to topA05788 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topA05788 Text: STATE OF NEW YORK ________________________________________________________________________ 5788 2025-2026 Regular Sessions IN ASSEMBLY February 20, 2025 ___________ Introduced by M. of A. GIGLIO -- read once and referred to the Committee on Education AN ACT to amend the education law, the tax law, the state finance law and the civil practice law and rules, in relation to requiring the New York state college choice tuition savings program to also apply to elementary and secondary schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 14-A of the education law, 2 as added by chapter 546 of the laws of 1997, is amended to read as 3 follows: 4 NEW YORK STATE 5 [COLLEGE CHOICE] TUITION SAVINGS PROGRAM 6 § 2. Section 695 of the education law, as added by chapter 546 of the 7 laws of 1997, is amended to read as follows: 8 § 695. Program established. There is hereby established the [college 9 choice] tuition savings program and such program shall be known and may 10 be cited as the "New York state [college choice] tuition savings 11 program". 12 § 3. Subdivision 2 of section 695-a of the education law, as added by 13 chapter 546 of the laws of 1997, is amended to read as follows: 14 2. Attract students to public and private elementary and secondary 15 schools, and colleges and universities within the state. 16 § 4. Subdivision 7 of section 695-b of the education law, as added by 17 chapter 546 of the laws of 1997, is amended to read as follows: 18 7. "Program" shall mean the New York state [college choice] tuition 19 savings program established pursuant to this article. 20 § 5. Paragraph c of subdivision 2 of section 695-d of the education 21 law, as added by chapter 546 of the laws of 1997, is amended to read as 22 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01578-01-5 A. 5788 2 1 c. The ability of the investment instrument to track increasing costs 2 of [higher] education; 3 § 6. Paragraphs 32 and 33 of subsection (c) of section 612 of the tax 4 law, paragraph 32 as amended by chapter 81 of the laws of 2008 and para- 5 graph 33 as added by chapter 546 of the laws of 1997, are amended to 6 read as follows: 7 (32) Contributions made during the taxable year by an account owner to 8 one or more family tuition accounts established under the New York state 9 [college choice] tuition savings program provided for under article 10 fourteen-A of the education law, to the extent not deductible or eligi- 11 ble for credit for federal income tax purposes, provided, however, the 12 exclusion provided for in this paragraph shall not exceed five thousand 13 dollars for an individual or head of household, and for married couples 14 who file joint tax returns, shall not exceed ten thousand dollars; 15 provided, further, that such exclusion shall be available only to the 16 account owner and not to any other person. 17 (33) Distributions from a family tuition account established under the 18 New York state [college choice] tuition savings program provided for 19 under article fourteen-A of the education law, to the extent includible 20 in gross income for federal income tax purposes. 21 § 7. Paragraph 3 of subsection (d) of section 658 of the tax law, as 22 added by chapter 546 of the laws of 1997, is amended to read as follows: 23 (3) The commissioner may by regulation or instruction require the 24 filing of a report annually by the comptroller or program manager of the 25 N
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