1/5/11 N.Y. St. Reg. EDU-39-10-00011-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 145-2.2 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided), 602(2), 661(2) and 665(6); L. 2010, ch. 53
Subject:
New standards for academic progress for tuition assistance program for the 2010-11 academic year.
Purpose:
Implement Chapter 53 of the Laws of 2010 and provide clarity as to what constitutes a program of remedial study.
Text or summary was published
in the September 29, 2010 issue of the Register, I.D. No. EDU-39-10-00011-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Christine Moore, NYS Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email:
cmoore@mail.nysed.govAssessment of Public Comment
Since publication of the proposed amendment in the State Register on September 29, 2010, the Department received the following comments.
Comment: One comment expressed support for the proposed amendment and for the Regents development of new SAP regulations for remedial students with participation and input from all sectors of higher education.
Response: SED agrees with this comment.
Comment: One comment expressed support for the proposed amendment. The SAP proposal put forward in last year’s budget, which took effect via the Governor’s vetoes in July, would have prevented thousands of low income and minority students from being able to remain in college. The solution put forward by the Department, and ultimately implemented via regulation, resulted in these students being able to continue with their education while also providing an opportunity for students and colleges to plan for a new set of SAP to take effect for the 2011 academic year.
Response: SED agrees with this comment.