PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 145-2.1, 145-2.2 and 145-2.4 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 and 661
Subject:
Tuition Assistance Program.
Purpose:
Revise and clarify the criteria for determining student eligibility to participate in the tuition assistance program.
Text of proposed rule:
1. Section 145-2.1 of the Regulations of the Commissioner of Education is amended, effective March 7, 2012, to read as follows:
§ 145-2.1 Full-time and part-time study and remedial workload.
(a) For programs at degree-granting institutions which measure study in terms of credit hours or a comparable measure, the following definitions shall apply:
(1)(i) For State student financial aid programs, except the supplemental tuition assistance program (STAP), full-time study, where required by law, shall mean enrollment in credit-bearing courses applicable to the students' program of study, for at least 12 semester hours for a semester of not less than 15 weeks or 100 calendar days, inclusive of examination periods; or eight semester hours a quarter; or, in programs not organized on a semester or quarter basis, 24 semester hours for an academic year of not more than 12 months or the equivalent, as determined by the commissioner.
(ii) A student shall be considered full-time for a program organized on an academic-year basis only if the student has filed a plan of study with the institution for the entire academic year. Except as otherwise defined in paragraph (4) of this subdivision; part-time study, for general awards, other than tuition awards for [Vietnam] veterans and tuition awards for part-time undergraduate students, and for academic performance awards, shall mean enrollment in credit-bearing courses applicable to the students' program, for at least 6, but less than 12, semester hours or the equivalent for a semester of not less than 15 weeks or 100 calendar days inclusive of examination periods; or at least four, but less than eight, semester hours a quarter.
(iii) The definition of the term semester hour shall be that provided in section 50.1(o) of this Title. Independent or individualized study, practice teaching, graduate assistantships, thesis or dissertation research, preparation for language or qualifying examinations, and noncredit or remedial courses, may all be considered as contributing toward full-time or part-time study on an hour-for-hour equivalent basis, if the student effort required is the same as would be required for a credit-bearing course in conformity with section 50.1(o) of this Title, and if required or approved by the school, in a plan of study prefiled by the student with the school, as an integral part of the student's program. Credit for independent or individualized study shall be computed in accordance with full-time or part-time requirements. Effective for academic terms beginning after January 1, 1978, a student carrying a full-time program that includes noncredit remedial courses shall carry at least six semester hours a semester, except that in the first semester of study such a student need carry only three semester hours. Effective for academic terms beginning on or after July 1, 1984, a student carrying a part-time program that includes noncredit remedial courses shall carry at least three semester hours a semester. A combination of such credit and remedial work shall equal the minimum student effort requirement for full- time study or part-time study, respectively, in nonremedial programs. However, courses taken solely to meet teacher certification, licensing, or other external requirements, and not recommended or required by the school as an integral part of the student's program, shall not contribute to full-time or part-time study.
(iv) Except as otherwise provided in subdivision (e) of this section, when determining full-time or part-time status, credit-bearing courses must be applicable to the student's program of study as a general education requirement, major requirement, or specified or free elective. Credit-bearing courses not applicable to the student's program of study cannot be included as part of the minimum full-time or part-time study requirement.
(2) . . . .
(3) . . . .
(4) For purposes of section 661(d)(4) of the Education Law, for a student with a disability, as defined in 42 USC 12102 (2) (United States Code, 1994 edition, volume 23; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; 1995-available at the office of Higher [and Professional] Education, Education Building Annex, Room 979, Albany, NY 12234), part-time study or attendance shall mean enrollment in credit-bearing courses applicable to the students' program, for at least three but less than 12 semester hours per semester or the equivalent, or at least two but less than eight semester hours per quarter.
(b) . . . .
(c) . . .
(d) . . . .
(e) [Where full-time or part-time study is required, it shall be required during the final semester in the same manner as for any other semester of study, even if not necessary in order to complete graduation requirements, except that full-time study shall not be required for recipients of Regents college scholarships during their last semester of eligibility if part-time study during such semester would be sufficient to complete the approved course of study.] A student will be deemed to meet the full-time or part-time study requirement in their last semester of eligibility if the student takes at least one course needed to meet their graduation requirements and the student enrolls in and completes at least 12 semester hours or its equivalent.
(f) . . .
(g) . . .
2. Section 145-2.2 of the Regulations of the Commissioner of Education is amended, effective March 7, 2012, to read as follows:
§ 145-2.2 Academic requirements; program pursuit and academic progress.
(a) . . . .
(b) State awards first received during academic year 1981-1982, and thereafter.
(1) Part-time study, academic requirements. For the purposes of articles 13 and 14 of the Education Law, part-time students who receive their first State award during the 1981-1982 academic year and thereafter shall maintain good academic standing by complying with the requirements in subparagraph (i) of this paragraph.
(i) . . .
(ii) . . .
(iii) . . .
(iv) Except as provided for in subparagraph (v) of this paragraph, to determine whether a student receiving an award is making satisfactory progress toward the successful completion of his or her program's academic requirements, each institution shall use at a minimum, the academic progress standards established in section 665 of the Education Law, as applicable. However, institutions may establish and apply [a] stricter [standard] standards of satisfactory academic progress provided such standards [which includes] include the required levels of achievement to be measured at stated intervals. Criteria for achievement shall include, but need not be limited to:
(a) . . .
(b) . . .
(v) The provisions of subparagraphs (iii) and (iv) of this paragraph may be waived once for an undergraduate student and once for a graduate student if an institution certifies, and maintains documentation, that such waiver is in the best interests of the student. Prior approval by the commissioner of the criteria and procedures used by an institution to consider and grant waivers shall not be required; however, the institution must make its criteria and procedures for waivers available to students and the public, either in writing or on its website. The commissioner may review such criteria and procedures in use, and require an institution to revise those found to be not acceptable.
(2) . . .
3. Section 145-2.4 of the Regulations of the Commissioner of Education shall be amended, effective March 7, 2012, to read as follows:
§ 145-2.4 Matriculated status.
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) [Students enrolled under permit from other institutions where they are matriculated may be certified as matriculated by the school attended.] Students enrolled in a degree granting institution other than the institution in which they are matriculated must be certified as eligible for tuition assistance by the matriculating institution. The courses and program of study at the attending institution must be consistent with the matriculating institution's approved program of study at the time of enrollment and attendance. In order to certify eligibility for State financial aid, the matriculating institution must receive all grades and tuition costs from the school attended.
(f) Matriculated students may defer declaration of a specific major and still be considered to be enrolled in one or more of an institution's approved programs provided that the matriculating institution approves the student's deferment. For State financial aid purposes, a student must declare a major within 30 days of the end of the institution's add/drop period of the sophomore year in a 2-year program or within 30 days of the end of the add/drop period of the junior year of a baccalaureate program so that the student is able to complete the requirements for the degree within the timeframe specified in the academic program as registered with the Commissioner. In each case, the cumulative transcript for the student must designate the student's enrollment in a program that has been registered by the State Education Department and appears on the Inventory of Registered Programs as a program eligible for State student aid. While a declaration must be made at specified points as noted above, students are; of course, free to change their choice of major during their program of study.
Text of proposed rule and any required statements and analyses may be obtained from:
Mary Gammon, NYS Education Department, 89 Washington Avenue, Room 148 EB, Albany, NY 12234, (518) 473-2183, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
John D'Agati, Deputy Commissioner of Education, NYS Education Department, 89 Washington Avenue, Room 979 EBA, Albany, NY 12234, (518) 486-3633, email: jdagati@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the law and policies of the State relating to education.
Part 2 of Article 14 of the Education Law establishes the Tuition Assistance Program to advance the cause of education by providing financial aid awards for all students who are enrolled in approved programs under eligibility guidelines proscribed by the law and the regulations.
2. LEGISLATIVE OBJECTIVES:
The proposed amendments carry out the legislative objectives set forth in the aforementioned statutes in that it will revise and clarify the current criteria for determining student eligibility for the Tuition Assistance Program.
3. NEEDS AND BENEFITS:
The proposed rule is needed in order to update the current criteria for determining student eligibility for the Tuition Assistance Program by: (1) specifying that the course enrollments, in order to be eligible for coverage by TAP, must be applicable to the student's declared program; (2) clarifying that 100 calendar days would be used in computing 15 weeks of the academic semester; (3) clarifying the definition of "veteran" for the purposes of the regulation; (4) relating the standards in Section 145-2.2 to those in Section 665 of the Education Law regarding satisfactory academic progress, in an effort to achieve regulatory consistency while still providing institutional flexibility in applying a higher standard; (5) allowing a one time waiver of subparagraphs (iii) and (v) of subdivision (b) of Section 145-2.2 of the Commissioner's regulations; (6) explaining that a cross-enrolled student must be certified by an eligible degree granting institution participating in TAP, which must be the student's home institution for eligibility of financial aid; (7) clarifying issues related to cross enrollment, the declaration of a major, and eligibility for TAP during the process of changing a major.
The proposed amendments were developed by a statewide task force of representatives from the State University of New York, The City University of New York, the Commission on Independent Colleges and Universities, the Association of Proprietary Colleges, the Higher Education Services Corporation, the Division of the Budget, the New York State Financial Aid Administrators Association, and the Office of the State Comptroller. This task force met and reached a consensus on the proposed amendments to the TAP regulations to clarify and simplify their provisions in order to improve institutional compliance with their requirements.
4. COSTS:
a. Costs to the State government. The proposed amendments will not impose additional costs on State government. The amendment simply updates the TAP regulations to clarify and simplify their provisions in order to improve institutional compliance with their requirements. State funding for this program is determined by an annual legislative appropriation, which determines the number of students that may participate.
b. Costs to local government. None.
c. Costs to private regulatory parties. The proposed amendments will not impose any capital costs on the colleges, universities, and other institutions of higher education that participate in the Tuition Assistance Program.
d. Costs to the regulatory agency. None.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment revises and clarifies the eligibility requirements for the tuition assistance program. The proposed amendment will not affect local governments in New York State. The measure will not impose any adverse economic impact, reporting, recording or any other compliance requirements on local governments.
6. PAPERWORK:
The proposed amendment does not include any new reporting requirements for regulated parties. The paperwork requirements for institutions of higher education that participate in the program will not change. In addition, the amendment will not increase the paperwork requirements for students who apply to participate in the Tuition Assistance Program.
7. DUPLICATION:
The proposed amendment does not duplicate any other existing State or Federal requirements.
8. ALTERNATIVES:
In developing the proposed amendment, the State Education Department consulted with a Work Group that comprised of representatives from the State University of New York, The City University of New York, the Commission on Independent Colleges and Universities, the Association of Proprietary Colleges, the Higher Education Services Corporation, the Division of the Budget, the New York State Financial Aid Administrators Association, and the Office of the State Comptroller. The proposed amendment represents the result of that consultation. There are no viable alternatives to the proposed amendment.
9. FEDERAL STANDARDS:
The proposed amendment concerns the eligibility criteria for a State student aid program and there are no federal standards applicable to the administration of State student financial aid programs.
10. COMPLIANCE SCHEDULE:
Institutions of higher education participating in the Tuition Assistance Program must comply with the regulation on its effective date. No additional period of time is necessary to permit regulated parties to meet the requirements of the proposed amendment.
Regulatory Flexibility Analysis
(a) Small Businesses:
1. EFFECT OF RULE:
The proposed amendment clarifies the eligibility requirements for the tuition assistance program. State Education Department data indicate that 20 of the eligible 39 proprietary colleges in the State (51 percent) are small businesses with 100 or fewer employees.
2. COMPLIANCE REQUIREMENTS:
The proposed rule is needed in order to update the current criteria for determining student eligibility for the Tuition Assistance Program by: (1) specifying that the course enrollments, in order to be eligible for coverage by TAP, must be applicable to the student's declared program; (2) clarifying that 100 calendar days would be used in computing 15 weeks of the academic semester; (3) clarifying the definition of "veteran" for the purposes of the regulation; (4) relating the standards in Section 145-2.2 to those in Section 665 of the Education Law regarding satisfactory academic progress, in an effort to achieve regulatory consistency while still providing institutional flexibility in applying a higher standard; (5) allowing a one time waiver of subparagraphs (iii) and (v) of subdivision (b) of Section 145-2.2 of the Commissioner's regulations; (6) explaining that a cross-enrolled student must be certified by an eligible degree granting institution participating in TAP, which must be the student's home institution for eligibility of financial aid; and (7) clarifying issues related to cross enrollment, the declaration of a major, and eligibility for TAP during the process of changing a major.
3. PROFESSIONAL SERVICES:
The proposed amendment will not require eligible institutions that are classified as small businesses to hire professional services to comply.
4. COMPLIANCE COSTS:
The proposed amendment will not impose any capital costs on eligible institutions that are classified as small businesses.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment will not impose any technological requirements on eligible institutions that are classified as small businesses. See above "Compliance Costs" for the economic impact of the amendment.
6. MINIMIZING ADVERSE IMPACT:
Paragraph (e) of subdivision (4) of section 661 of the Education Law, as added by Chapter 57 of the Laws of 2007, applies equally to all institutions eligible to participate in State student aid programs. Consequently, the State Education Department believes that the proposed amendment must apply uniformly to all such institutions.
7. SMALL BUSINESS PARTICIPATION:
Before drafting the proposed amendment, the State Education Department convened a Work Group comprised of persons from all four sectors of higher education knowledgeable about student financial aid and about academic affairs, including proprietary colleges that are classified as small businesses. The comments they provided were taken into account in drafting the proposed amendment.
(b) Local Governments:
The proposed amendment will not affect local governments in New York State. The measure will not impose any adverse economic impact, reporting, recordkeeping, or any other compliance requirements on local governments. Because it is evident from the nature of the proposed amendment that it does not affect local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for local governments is not required and one was not prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment clarifies the eligibility requirements for the tuition assistance program. The proposed amendment applies only to institutions eligible to participate in State student financial aid programs, including such institutions located in the State's 44 rural counties with fewer than 200,000 inhabitants and 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The purpose of the proposed amendment is to clarify the eligibility requirements for the tuition assistance program. The proposed rule is needed in order to update the current criteria for determining student eligibility for the Tuition Assistance Program by: (1) specifying that the course enrollments, in order to be eligible for coverage by TAP, must be applicable to the student's declared program; (2) clarifying that 100 calendar days would be used in computing 15 weeks of the academic semester; (3) clarifying the definition of "veteran" for the purposes of the regulation; (4) relating the standards in Section 145-2.2 to those in Section 665 of the Education Law regarding satisfactory academic progress, in an effort to achieve regulatory consistency while still providing institutional flexibility in applying a higher standard; (5) allowing a one time waiver of subparagraphs (iii) and (v) of subdivision (b) of Section 145-2.2 of the Commissioner's regulations; (6) explaining that a cross-enrolled student must be certified by an eligible degree granting institution participating in TAP, which must be the student's home institution for eligibility of financial aid; and (7) clarifying issues related to cross enrollment, the declaration of a major, and eligibility for TAP during the process of changing a major.
3. COSTS:
The amendment will not impose any additional costs on eligible institutions, including those located in rural areas.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment makes no exception for eligible institutions that are located in rural areas. Paragraph (e) of subdivision (4) of section 661 of the Education Law applies equally to all institutions eligible to participate in State student aid programs. Consequently, the State Education Department believes that the proposed amendment, which clarifies the eligibility requirements for the tuition assistance program must apply uniformly to all such institutions, including those located in rural areas and that it would be inappropriate to establish different standards for eligible institutions located in rural areas.
5. RURAL AREA PARTICPATION:
Before drafting the proposed amendment, the State Education Department convened a Work Group comprised of persons from all four sectors of higher education knowledgeable about student financial aid and about academic affairs. The group included representatives of eligible institutions located in rural areas, as well as of the Association of Proprietary Colleges, the Commission on Independent Colleges and Universities, and the State University of New York system administration, many of whose institutions or campuses are located in rural areas. The comments they provided were taken into consideration when drafting the proposed amendment.
Job Impact Statement
The proposed amendments concern criteria for determining student eligibility to participate in the Tuition Assistance Program, a program of student financial aid assistance administered by the Higher Education Services Corporation. The amendment will not affect jobs and employment opportunities in New York State.
Because it is evident from the nature of this amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.
