ESC-07-13-00006-P Tuition Assistance Program Award Determinations

2/13/13 N.Y. St. Reg. ESC-07-13-00006-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 07

February 13, 2013

RULE MAKING ACTIVITIES

HIGHER EDUCATION SERVICES CORPORATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ESC-07-13-00006-P

Tuition Assistance Program Award Determinations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal section 2202.7 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 667 and 655(4)

Subject:

Tuition Assistance Program award determinations.

Purpose:

To repeal section 2202.7 of Title 8 NYCRR.

Text of proposed rule:

Repeal of section 2202.7 of Title 8 NYCRR

[§ 2202.7 Award determinations.

(a) Eligible undergraduate students attending degree-granting institutions who (i) are not financially independent; (ii) are financially independent and married; or (iii) have a dependent for income tax purposes, will have their awards determined as set forth in this subdivision.

(1) Base amounts. Base amounts will be the lesser of:

(i) $3,575 for recipients who first received awards in the 1993-1994 academic year or earlier; $4,125 for recipients who first received awards in the 1994-1995 through 1999-2000 academic years; $5,000 for recipients first receiving awards in the 2000-2001 academic year and thereafter; or

(ii) for the 2000-2001 academic year, 95 percent of tuition and for the 2001-2002 academic year and thereafter, 100 percent of tuition.

(2) Reductions based on income. Recipients will receive awards equal to the amounts established in paragraph (1) of this subdivision reduced by:

(i) 7 percent of income exceeding $7,000 for recipients with incomes equal to or exceeding $7,000, but less than $11,000; or

(ii) $280 + 10 percent of income exceeding $11,000 for recipients with incomes equal to or exceeding $11,000, but less than $18,000; or

(iii) $980 + 12 percent of income exceeding $18,000 for recipients with incomes equal to or exceeding $18,000, but not more than $80,000.

(iv) There shall be no reduction based on income for recipients with income less than $7,000.

(3) Additional reductions. Recipients who have received four or more semester payments, or the equivalent, will have their base amount reduced by:

(i) $150 for the 2000-2001 academic year; or

(ii) $100 for the 2001-2002 academic year and thereafter.

(4) Minimum awards.

(i) For the 2000-2001 and 2001-2002 academic years, recipients will not have their awards reduced below:

(a) $425 for recipients with incomes equal to or less than $60,000; or

(b) $325 for recipients with incomes equal to or less than $70,000, but more than $60,000; or

(c) $275 for recipients with incomes equal to or less than $80,000, but more than $70,000.

(ii) For the 2002-2003 academic year and thereafter, recipients will not have their awards reduced below $500.

(5) Maximum awards. Awards will not exceed the base amounts established in paragraph (1) of this subdivision.

(6) Maximum income. Applicants are ineligible for awards if their income exceeds $80,000.

(b) Eligible undergraduate students attending non-degree-granting institutions who (i) are not financially independent; or (ii) are financially independent and married; or (iii) have a dependent for income tax purposes, will have their awards determined as set forth in this subdivision.

(1) Base amount. Base amounts will be the lesser of:

(i) $800; or

(ii) for the 2000 - 2001 academic year, 95 percent of tuition and for the 2001 - 2002 academic year and thereafter, 100 percent of tuition.

(2) Reductions based on income. Recipients will receive awards equal to the amounts established in paragraph (1) of this subdivision reduced by:

(i) 7 percent of income exceeding $7,000 for recipients with incomes equal to or exceeding $7,000, but less than $11,000; or

(ii) $280 + 10 percent of income exceeding $11,000 for recipients with incomes equal to or exceeding $11,000, but not more than:

(a) $34,250 for recipients who first received awards in the 1988-1989 academic year or earlier; or

(b) $42,500 for recipients who first received awards in the 1989-1990, 1992-1993 and 1993-1994 academic years; or

(c) $50,500 for recipients who first received awards in the 1990-1991, 1991-1992 and 1994-1995 academic years and thereafter.

(d) There shall be no reduction based on income for recipients with income less than $7,000.

(3) Additional reductions. Recipients who have received four or more semester payments, or the equivalent, will have their base amount reduced by:

(i) $150 for the 2000-2001 academic year; or

(ii) $100 for the 2001-2002 academic year and thereafter.

(4) Minimum awards. Recipients will not have their awards reduced below $100.

(5) Maximum awards. Awards will not exceed the base amount established in paragraph (1) of this subdivision.

(6) Maximum income. Applicants are ineligible for awards if their income exceeds:

(i) $34,250 for recipients who first received awards in the 1988 -1989 academic year or earlier; or

(ii) $42,500 for recipients who first received awards in the 1989 -1990, 1992-1993 and 1993-1994 academic years; or

(iii) $50,500 for recipients who first received awards in the 1990-1991, 1991-1992, 1994-1995 academic years and thereafter.

(c) Eligible undergraduate students attending degree-granting institutions who are financially independent and single without a dependent for income tax purposes will have their awards determined as set forth in this subdivision.

(1) Base amounts. Base amounts will be the lesser of:

(i) $2,450 for recipients who first received awards in the 1991-1992 academic year or earlier; $2,575 for recipients who first received awards in the 1992-1993 and 1993-1994 academic years; $3,025 for recipients who first received awards in the 1994-1995 academic year and thereafter; or

(ii) for the 2000-2001 academic year, 95 percent of tuition and for the 2001-2002 academic year and thereafter, 100 percent of tuition.

(2) Reduction based on income. Recipients will receive awards equal to the amounts established in paragraph (1) of this subdivision reduced by 31 percent of income exceeding $3,000 for recipients with incomes equal to or exceeding $3,000, but not more than $10,000. There shall be no reduction based on income for recipients with income less than $3,000.

(3) Additional reductions. Recipients who have received four or more semester payments will have their base amount reduced by:

(i) $150 for the 2000-2001 academic year.

(ii) $100 for the 2001-2002 academic years and thereafter.

(4) Minimum awards.

(i) For the 2000-2001 and 2001-2002 academic years, recipients will not have their awards reduced below $425.

(ii) For the 2002-2003 academic year and thereafter, recipients will not have their awards reduced below $500.

(5) Maximum awards. Awards will not exceed the base amounts established in paragraph (1) of this subdivision.

(6) Maximum income. Applicants are ineligible for awards if their income exceeds $10,000.

(d) Eligible undergraduate students attending non-degree-granting institutions who are financially independent and single without dependents for income tax purposes will have their awards determined as set forth in this section.

(1) Base amounts. Base amounts will be the lesser of:

(i) $640; or

(ii) for the 2000-2001 academic year, 95 percent of tuition and for the 2001-2002 academic year and thereafter, 100 percent of tuition.

(2) Reduction based on income. Recipients will receive awards equal to the amount established in paragraph (1) of this section reduced by 31 percent of income exceeding $3,000 for recipients with incomes equal to or exceeding $3000, but not more than $10,000. There shall be no reduction based on income for recipients with income less than $3,000.

(3) Additional reductions. Recipients who have received four or more semester payments will have their base amount reduced by:

(i) $150 for the 2000-2001 academic year.

(ii) $100 for the 2001-2002 academic year and thereafter.

(4) Minimum awards. Recipients will not have their awards reduced below $100.

(5) Maximum awards. Awards will not exceed the base amount established in paragraph (1) of this subdivision.

(6) Maximum income. Applicants are ineligible for awards if their income exceeds $10,000.

(e) Eligible graduate students will have their awards determined as set forth in this section.

(1) Base amounts. Base amounts will be the lesser of:

(i) $550; or

(ii) for the 2000 - 2001 academic year, 95 percent of tuition and for the 2001 - 2002 academic year and thereafter, 100 percent of tuition.

(2) Reductions. Recipients will receive awards equal to the amount established in paragraph (1) of this subdivision reduced by:

(i) 7.7 percent of the income exceeding $2,000 for recipients with incomes equal to or exceeding $2,000, but not more than $20,000 and who (i) are not financially independent; (ii) are financially independent and married; or (iii) have a dependent for income tax purposes.

(ii) 26 percent of income exceeding $1,000 for recipients with incomes equal to or exceeding $1,000, but not more than $5,666 and who are financially independent and single without a dependent for income tax purposes.

(3) Minimum awards. Recipients will not have their awards reduced below $75.

(4) Maximum awards. Awards will not exceed the base amounts established in paragraph (1) of this subdivision.

(5) Maximum income. Applicants are ineligible for awards if their incomes exceed:

(i) $20,000 if they are not financially independent, are financially independent and married, or have a dependent for income tax purposes.

(ii) $5,666 if they are financially independent and single without a dependent for income tax purposes.]

Text of proposed rule and any required statements and analyses may be obtained from:

Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 Washington Avenue, Room 1315, Albany, NY 12255, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This statement is being submitted pursuant to subparagraph (i) of paragraph (b) of subdivision (1) of section 202 of the State Administrative Procedure Act and in support of New York State Higher Education Services Corporation’s (HESC) Notice of Proposed Rule Making seeking to repeal section 2202.7 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).

It is apparent from the nature and purpose of this rule that no person is likely to object to the adoption of the rule as written. Education Law § 667(3) sets forth, in sufficient detail, the amount of a Tuition Assistance Program (TAP) award based on several factors including, but not limited to, the applicant’s level of study, post-secondary institution, income and the academic year the applicant first received an award. Section 667(3) also requires certain reductions to be made to a TAP award. Section 2202.7 of Title 8 of the NYCRR restates outdated provisions of this section of Education Law. It is unnecessary to amend the regulation since the statute is clear and comprehensive. Consequently, this rule would eliminate inconsistencies between the state and regulation.

Consistent with the definition of “consensus rule”, as set forth in section 102(11) of the State Administrative Procedure Act, HESC has determined that this proposal, which repeals an outdated rule inconsistent with existing statute, is non-controversial and, therefore, no person is likely to object to its adoption.

Job Impact Statement

This statement is being submitted pursuant to subdivision (2) of section 201-a of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (Corporation) Notice of Proposed Rulemaking seeking to repeal section 2202.7 to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

It is apparent from the nature and purpose of this rule that it has no impact on jobs and employment opportunities. The rule repeals an outdated section of HESC’s regulations that is inconsistent with provisions of the Education Law, which are clear and comprehensive.

The Corporation has determined that this rule will have no substantial adverse impact on any private or public sector jobs or employment opportunities and therefore a full Job Impact Statement is not necessary.