Sec. 2400.2. Definitions

As used in this Chapter, the following terms shall have the following meanings, unless otherwise specified:

(a) Academic year shall mean shall mean the regular school year beginning July 1st and ending June 30th.

(b) Accrediting agency shall mean an institutional accrediting agency recognized by the United States secretary of education, or successor Federal agency.

(c) Adjudicatory proceeding shall mean any activity which is not a rule making proceeding or a disciplinary action before the corporation in which a determination of the legal rights, duties or privileges of named parties thereto is required by statute to be made only after an opportunity for a hearing.

(d) Approved program shall mean a postsecondary program of instruction lasting at least three years at an educational institution leading to a degree approved by, or on behalf of, the corporation, as such terms are defined in this section, as provided in section 2408.13 of this Title provided that such term shall not include programs registered by the commissioner pursuant to Part 52 of this Title.

(e) Award shall mean a tuition assistance program award pursuant to paragraphs b and b-1 of subdivision 4 of section 661 of the Education Law.

(f) Award program shall mean the tuition assistance program pursuant to paragraphs b and b-1 of subdivision 4 of section 661 of the Education Law.

(g) Commissioner shall mean the Commissioner of the State Education Department.

(h) Corporation shall mean the New York State Higher Education Services Corporation.

(i) Cost of attendance shall mean the following components:

(1) Tuition shall mean the actual tuition charged to an award recipient by the educational institution he or she is attending.

(2) Required fees shall mean educational fees as defined in section 2408.16 of this Title.

(3) Books shall mean a reasonable amount, determined by the educational institution, of an award recipient's cost of books for a regular academic year.

(4) Transportation shall mean a reasonable amount, determined by the educational institution, of an award recipient's cost for transportation for a regular academic year. This amount may include:

(i) the cost of travel between the award recipient's residence and the educational institution; and

(ii) the cost of travel required for completion of a course of study.

(5) Room and board shall mean an amount calculated as follows:

(i) for a student who has no dependents and lives with his or her parent(s), an allowance of $1,100;

(ii) for a student who has no dependents and lives in institutionally owned or operated housing, the actual amount charged the student for room and board for a regular academic year;

(iii) for a student who has no dependents and does not live with his or her parent(s) or in institutionally owned or operated housing, a standard allowance, determined by the educational institution, for room and board for a regular academic year; or

(iv) for a student who has dependents, an allowance, determined by the educational institution, for room and board for a regular academic year based upon expenses incurred by the student and his or her dependent(s).

For purposes of this section, a spouse is considered a dependent.

(6) Laboratory and other instruction-related expenses shall mean a reasonable amount, determined by the educational institution, of an award recipient's costs for laboratory and other instruction-related expenses, which shall include but not be limited to laboratory fees and the cost of all equipment and material which is required by the educational institution for the completion of any course considered part of the approved program of an award recipient.

(j) Degree shall mean that which is awarded to an undergraduate student by an educational institution upon completion of an approved program of study that is acceptable for admission to a graduate or professional degree program.

(k) Department shall mean the United States Department of Education, or a successor Federal agency.

(l) Disaster shall mean the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, technological, radiological or man-made causes, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, war or civil disturbance as declared by State or local governments.

(m) Educational institution shall mean a postsecondary institution that is recognized by an accrediting agency as defined in this section and satisfies the requirements set forth in paragraph b of subdivision 4 of section 661 of the Education Law and the provisions of section 2410.3 of this Title.

(n) Full-time shall mean enrollment for at a period of time as provided in section 2408.6 of this Title.

(o) Institution shall mean an educational institution as defined in this section.

(p) Limitation shall mean the continuance of an institution's eligibility, subject to compliance with special conditions or restrictions which have been set by the corporation as a result of an institution's failure to comply with applicable law, regulation, or agreements.

(q) Party shall mean any person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party; but nothing in this Chapter shall be construed to prevent the corporation from admitting any person as a party for limited purposes.

(r) President shall mean the president of the corporation.

(s) Person shall mean any individual, partnership, corporation, association or public or private organization of any character other than the corporation.

(t) Public record shall mean any information, report, file, memoranda or other manual prepared or kept by the corporation which is made available for public inspection and copying by the Freedom of Information Law and is not exempted from disclosure by State or Federal Law.

(u) Records access officer shall be that officer or employee of the corporation, designated by the president, who shall be responsible for the corporation's compliance with public access to records as set forth in this Chapter.

(v) Regular academic year shall mean that period of attendance normally utilized by collegiate level institutions encompassing two semesters of study as determined by the corporation.

(w) Secretary shall mean the Secretary of the United States Department of Education, or successor Federal agency, or any official or employee of the department acting for the Secretary under a delegation of authority.

(x) Semester hour shall mean a credit, point, or other unit granted for the satisfactory completion of a course which requires at least 15 hours (of 50 minutes each) of instruction and at least 30 hours of supplementary assignments, except as otherwise provided. This basic measure shall be adjusted proportionately to translate the value of other academic calendars and formats of study in relation to the credit granted for study during the two semesters that comprise an academic year.

(y) State shall mean the State of New York.

(z) Student shall mean any award recipient who has received payment of an award as defined herein either directly or on his behalf.

(aa) Suspension shall mean the cessation of an institution's participation in the award program for a specified period of time.

(ab) Term shall mean a unit of attendance, including but not limited to semester, as established by the corporation.

(ac) Termination shall mean the cessation of an institution's participation in the award program.

(ad) Undergraduate student shall mean a student who is enrolled full time in an approved program at an educational institution as defined in this section and satisfies the requirements set forth in section 2407.1 of this Title.