EDU-09-08-00011-P Educational Requirements Relating to Tuition Assistance Program (TAP) Awards

2/27/08 N.Y. St. Reg. EDU-09-08-00011-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 9

February 27, 2008

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-09-08-00011-P

Educational Requirements Relating to Tuition Assistance Program (TAP) Awards

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

Proposed action:

Amendment of sections 145-2.2 and 145-2.9 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided), 602(1) and (2), 661(2) and 665(2) and (6)

Subject:

Educational requirements relating to Tuition Assistance Program (TAP) awards including those awards for accelerated study.

Purpose:

To conform the commissioner's regulations to changes made to subdivisions 2 and 6 of section 665 of the Education Law by Parts E-1 and E-2 of section 1 of chapter 57 of the Laws of 2007 by updating the academic achievement requirements (minimum credits and minimum cumulative grade point average) a student must meet before being certified for a payment on his/her Tuition Assistance Program (TAP) award including such an award for accelerated study.

Text of proposed rule:

1. Section 145-2.2 of the Regulations of the Commissioner of Education is amended, effective June 12, 2008, as follows:

§ 145-2.2 Academic requirements; program pursuit and academic progress.

(a) State awards first received prior to September 1, 1981. For the purposes of articles 13 and 14 of the Education Law, students who have received a State award prior to September 1, 1981 shall meet the following academic requirements:

(1) Attendance. Failure of the student to pursue the program of study will result in the loss of eligibility to receive an award. The institution, in recording and reporting student academic progress, shall take cognizance of attendance as it relates to progress.

(2) Good academic standing. Good academic standing, where required by law, means that: (i) the institution maintains a formal, published statement of its requirements for the maintenance of good academic standing; (ii) the student is matriculated at the institution; and (iii) the institution has determined that the student meets its standard for good academic standing.

(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 [1981–82 school] 1981–1982 academic year and thereafter shall maintain good academic standing by complying with the requirements prescribed in subparagraph (i) of this paragraph.

[(1)] (i) Loss of good academic standing for [full-time study or] part-time study [, whichever is applicable,] shall be determined at the end of each term of the academic year, and shall mean that a student has either:

[(i)] (a) failed to pursue the program of study in which he or she is enrolled, as determined pursuant to [paragraph (3)] subparagraph (iii) of this [subdivision] paragraph; or

[(ii)] (b) failed to make satisfactory progress toward the completion of his or her program's academic requirements, as determined by [paragraph (4)] subparagraph (iv) of this [subdivision] paragraph.

[(2)] (ii) Following a determination that the recipient of an award has lost good academic standing, further payments of any award under article 13 or 14 of the Education Law shall be suspended until the student is restored to good academic standing by either:

[(i)] (a) pursuing the program of study in which he or she is enrolled and making satisfactory progress toward the completion of his or her program's academic requirements; or

[(ii)] (b) establishing in some other way, to the satisfaction of the commissioner, evidence of his or her ability to successfully complete an approved program.

[(3)] (iii) Except as provided for in [paragraph (5)] subparagraph (v) of this [subdivision] paragraph, a student shall be deemed to be pursuing the approved program of study in which [he] the student is enrolled if:

[(i)] (a) during each term of study in the first year for which an award is being received, [he] the student receives a passing or failing grade in at least one half of the minimum amount of study required to constitute [full-time study or] part-time study, [whichever is applicable,] pursuant to section 145-2.1 of this Subpart; or

[(ii)] (b) during each term of study in the second year for which an award is being received, [he] the student receives a passing or failing grade in at least three fourths of the minimum amount of study required to constitute [full-time study or] part-time study, [whichever is applicable,] pursuant to section 145-2.1 of this Subpart; or

[(iii)] (c) during each subsequent term of study for which an award is being received, [he] the student receives a passing or failing grade in no less than the minimum amount of study required to constitute [full-time study or] part-time study, [whichever is applicable,] pursuant to section 145-2.1 of this Subpart.

[(4)] (iv) Except as provided for in [paragraph (5)] subparagraph (v) of this [subdivision] 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 establish and apply a standard of satisfactory academic progress which includes required levels of achievement to be measured at stated intervals. Criteria for achievement shall include, but need not be limited to:

[(i)] (a) the minimum number of credits earned, or courses successfully completed, at each interval; and

[(ii)] (b) the minimum cumulative grade point average or similar measure at each interval.

Each institution shall obtain the approval of the commissioner prior to the implementation of its standard of satisfactory academic progress and prior to any changes in such standard.

[(5)] (v) The provisions of [paragraphs (3)] subparagraphs (iii) and [(4)] (iv) of this [subdivision] 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. The commissioner may review such criteria and procedures in use, and require an institution to revise those found to be not acceptable.

(2) Full-time study, academic requirements. For the purposes of articles 13 and 14 of the Education Law, full-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 prescribed in subparagraph (i) of this paragraph.

(i) Loss of good academic standing shall be determined at the end of each term of the academic year, and shall mean that a student has:

(a) failed to pursue the program of study in which he or she is enrolled, as determined pursuant to subparagraph (iii) of this paragraph; and/or

(b) failed to make satisfactory progress toward the completion of his or her program's academic requirements, as determined by subparagraph (iv) of this paragraph.

(ii) If a student is determined to have lost good academic standing by failing to meet the conditions established in clauses (a) and (b) of subparagraph (i) of this paragraph, further payments of any award under article 13 or 14 of the Education Law shall be suspended until the student is restored to good academic standing by either:

(a) pursuing the program of study in which he or she is enrolled and making satisfactory progress toward the completion of his or her program's academic requirements; or

(b) establishing in some other way, to the satisfaction of the commissioner, evidence of his or her ability to successfully complete an approved program.

(iii) Except as provided for in subparagraph (v) of this paragraph, a student shall be deemed to be pursuing the approved program of study in which the student is enrolled if:

(a) during each term of study in the first year for which an award is being received, the student receives a passing or failing grade in at least one half of the minimum amount of study required to constitute full-time study pursuant to section 145-2.1 of this Subpart; or

(b) during each term of study in the second year for which an award is being received, the student receives a passing or failing grade in at least three fourths of the minimum amount of study required to constitute full-time study pursuant to section 145-2.1 of this Subpart; or

(c) during each subsequent term of study for which an award is being received, the student receives a passing or failing grade in no less than the minimum amount of study required to constitute full-time study pursuant to section 145-2.1 of this Subpart.

(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 establish and apply a standard of satisfactory academic progress which includes required levels of achievement to be measured at stated intervals. Each institution shall obtain the approval of the commissioner prior to the implementation of its standard of satisfactory academic progress and prior to any changes in such standard. Such standard or revised standard shall include the criteria for achievement established by the institution pursuant to the provisions in this subparagraph and shall be submitted in a format prescribed by the commissioner. Criteria for achievement shall include, but need not be limited to:

(a) for students who receive their first State award during the 1981–1982 academic year through and including the 2005–2006 academic year, the minimum number of credits earned, or courses successfully completed, at each interval and the minimum cumulative grade point average or similar measure at each interval; or

(b) for students who receive their first State award during the 2006–2007 academic year and thereafter, and who are enrolled full-time in a two-year, four-year, or five-year undergraduate program on a semester or trimester basis, or their equivalent, the applicable required minimum number of credits accrued and minimum grade point average earned at the time of the institution's certification for each payment made on the student's award, as specified in subparagraphs (i), (ii), (iii) or (iv) of paragraph (c) of subdivision (6) of section 665 of the Education Law; provided that institutions operating on a trimester basis during the 2006–2007 academic year shall apply the satisfactory academic progress standard pursuant to the provisions in section 665 of the Education Law, and shall apply the particular requirements prescribed in the satisfactory academic progress charts in such section of law for the 2007–2008 academic year and thereafter.

(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. The commissioner may review such criteria and procedures in use, and require an institution to revise those found to be not acceptable.

2. Section 145-2.9 of the Regulations of the Commissioner of Education is amended, effective June 12, 2008, as follows:

§ 145-2.9 Accelerated study.

(a) To be eligible to receive payment for accelerated study beyond the regular program of study for the academic year, except for part-time awards pursuant to Education Law, section 666, or for Vietnam veterans tuition awards pursuant to Education Law, section 669-a, a student shall [,] :

(1) during the regular academic year, be a full-time student matriculated in an approved program in a [school] degree-granting institution in this State, unless out-of-state study is approved during the regular academic year; and

(2) prior to the term of the application, have earned twenty-four semester hours, or its equivalent, from such institution in the two immediately preceding, consecutive semesters, or their equivalent, provided that the twenty-four semester hours may include the equivalent of three semester hours of remedial course work per semester.

(b) For the purposes of this section, all attendance during a single summer period [, including intersessions,] shall be considered to constitute a single term of attendance. To be eligible for an award for half-time accelerated study, a student shall be a full-time student during the preceding [or succeeding] term and shall have earned twenty-four semester hours, or its equivalent, from such institution in the two immediately preceding consecutive semesters, or their equivalent, provided that the twenty-four semester hours may include the equivalent of three semester hours of remedial course work per semester.

[(b)] (c) Accelerated study shall denote study which meets the following criteria:

(1) The term of study shall be a separately organized term in addition to the regular [school] academic year, with separate registration and separate charge for tuition and fees.

(2) Accelerated study shall be accompanied by accelerated tuition charges, so that the total tuition charge upon completion of the accelerated program is comparable to the total tuition charge for the [nonaccelerated] non-accelerated program.

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

Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Johanna Duncan-Poitier, Senior Deputy Commissioner of Education — P16, Education Department, 2M West Wing, Education Building, 89 Washington Ave., Albany, NY 12234, [phone], e-mail: [e-mail]

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 laws and policies of the State relating to education.

Subdivision (2) of section 602 of the Education Law empowers the Commissioner of Education to promulgate regulations establishing requirements for the president to follow in determining student eligibility for State student aid relating to full-time study, part-time study, accelerated study, matriculation, loss of good academic standing, and permissible use of general and academic performance awards and loans. Subdivision (1) of section 602 of the Education Law empowers the Commissioner of Education to select qualified recipients of academic performance awards.

Subdivision (2) of section 661 of the Education Law grants the Board of Regents the power to establish times for which a student must provide certain information, as required by the Board of Regents, to his or her institution through the submission of a form provided by the Board of Regents.

Subdivision (6) of section 665 empowers the Commissioner of Education to establish standards for a student's good academic standing and loss thereof. Section 665 further empowers the Commissioner of Education to approve an institution's standard of assessing a student's satisfactory academic progress in accordance with the requirements set forth such section of law.

Subdivision 6 of section 665 of the Education Law, as amended by section 3 of Part E-1 of section 1 of Chapter 57 of the Laws of 2007, requires students who first receive State student aid for the 2006–07 academic school year to have earned a minimum number of credits and a minimum cumulative grade point average at the time of the school's certification for a payment made on the student's award. Subdivision 2 of section 665 of the Education Law, as amended by section 1 of Part E-2 of section 1 of Chapter 57 of the Laws of 2007, provides that students shall qualify for accelerated study if they have completed twenty-four credit hours in the immediately preceding two semesters, which includes three allowable credits per semester of remedial courses.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment conforms the Commissioner's Regulations to specific eligibility requirements for student's first receiving TAP awards, as established in subdivision 6 of section 665 of the Education Law, as amended by Part E-1 of section 1of Chapter 57 of the Laws of 2007, which include the minimum number of credits completed and minimum cumulative grade point average earned by the student at the time of the institution's certification of the next payment on the student's TAP award.

The proposed amendment further conforms the Commissioner's Regulations to changes made to subdivision 2 of section 665 of the Education Law by section 1 of Part E-2 of section 1 of Chapter 57 of the Laws of 2007 so that students may qualify for State student aid for accelerated study if they have completed twenty-four credits hours in the preceding two consecutive semesters, which may include three credits of remedial courses per such semester.

3. NEEDS AND BENEFITS:

The proposed rule is necessary to conform the Commissioner's Regulations to changes made to subdivisions 2 and 6 of section 665 of the Education Law by Parts E-1 and E-2 of section 1 of Chapter 57 of the Laws of 2007, and to update the criteria for achievement a student must complete in order to receive payments on the student's tuition assistance program (TAP) award, and further, to receive payment on an award for accelerated study.

4. COSTS:

a. Costs to the State government. The proposed amendment will not impose any additional costs upon State government, including the State Education Department. The amendment simply conforms the Commissioner's Regulations to subdivisions 2 and 6 of section 665 of the Education Law, as amended by Parts E-1 and E-2 of section 1of Chapter 57 of the Laws of 2007.

b. Costs to local government. None.

c. Costs to private regulated parties. The proposed amendment will not impose any additional costs upon public or nonpublic colleges and universities, education opportunity centers, or other postsecondary institutions beyond the minimal costs to such institutions to update information materials concerning the number of credits and minimum grade point average a student must have completed before the school's certification for payment on the student's award, and to update information materials concerning the number of credits a student must have completed to qualify for payment on an award for accelerated study.

d. Costs to the regulatory agency for implementation and continued administration of this amendment. None. The proposed amendment simply conforms the Commissioner's Regulations to subdivisions 2 and 6 of section 665 of the Education Law, as amended by Parts E-1 and E-2 of section 1 of Chapter 57 of the Laws of 2007, and will not impose any new duties or responsibilities upon the State Education Department. The Commissioner of Education is already required to approve each institutions standard of satisfactory academic progress prior to the institution's implementation of such standard.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment will not impose any new mandates, and accordingly, will not impose any additional duties or responsibilities on local governments.

6. PAPERWORK:

The proposed amendment does not impose any additional reporting requirements on any regulated party. The paperwork requirements for public and nonpublic colleges and universities, education opportunity centers, and other postsecondary institutions will be minimal. In addition, the amendment will not increase the paperwork requirements for students.

7. DUPLICATION:

The proposed amendment does not duplicate any other existing State or Federal requirements.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

The proposed amendment concerns eligibility requirements for students receiving State student aid through the tuition assistance program (TAP), and therefore, there are no applicable federal standards.

10. COMPLIANCE SCHEDULE:

The proposed amendment conforms the Commissioner's Regulations to changes made to newly amended section 665 of the Education Law, which have taken effect.

For students first receiving aid in the 2007–08 school year and thereafter who are enrolled in a two-year, four-year, or five-year undergraduate program whose terms are organized in semesters or trimesters, or the equivalent, shall be immediately subject to the amended criteria for achievement for eligibility for TAP awards. Public and nonpublic colleges and universities, education opportunity centers, and other postsecondary institutions shall immediately comply with these requirements for student eligibility for TAP awards.

For students first receiving aid in the 2006–07 school year and enrolled in a two-year, four-year, or five-year undergraduate program on a semester basis, or the equivalent, shall be subject to these requirements retroactive to the 2006–07 school year and, as stated above, thereafter. Accordingly, public and nonpublic colleges and universities, education opportunity centers, and postsecondary institutions shall retroactively apply these requirements.

However, for students first receiving aid in the 2006–07 school year and enrolled in a two-year, four-year, or five-year undergraduate program on a trimester basis, or the equivalent, shall be subject to the satisfactory academic progress standard in conformity with the provisions of newly amended section 665 of the Education Law, but shall not be subject to the particular requirements, the academic progress charts, set forth in subdivision 6 of such section of law.

Public and nonpublic colleges and universities, education opportunity centers, and other postsecondary institutions must immediately comply with these requirements. No additional period of time is necessary to permit regulated parties to meet the requirements of the proposed amendment.

Regulatory Flexibility Analysis

The proposed amendment conforms the Regulations of the Commissioner of Education to section 665 of the Education Law, as amended by Parts E-1 and E-2 of Chapter 57 of the Laws of 2007, by providing the academic progress standards a student mush meet before being certified for a payment on his or her tuition assistance program (TAP) award, and more specifically, provides the required minimum number of credits completed and minimum cumulative grade point earned before being certified for such a payment.

The proposed amendment will affect students first receiving TAP awards in the 2006–2007 academic year and thereafter, who are enrolled full-time in a two-year, four-year, or five-year undergraduate program whose terms are organized in semesters or trimesters, or the equivalent. Such students shall be held to the satisfactory academic progress standards set forth in subdivision 6 of section 665 of the Education Law, as amended by Part E-1 of Chapter 57 of the Laws of 2007, which prescribe the number of credits completed and cumulative grade point average earned that the students must earn for certification of a payment on that students' TAP award, provided that students who attended institutions operating on a trimester basis during the 2006–2007 academic year shall be held to the satisfactory academic progress standard, but shall not be held to the particular requirements prescribed in the satisfactory academic progress charts in newly amended section 665 of the Education Law.

Additionally, the proposed amendment conforms the Commissioner's Regulations to newly amended section 665 of the Education Law by establishing the minimum number of credits, including remedial-course credits, a student must complete to qualify for a TAP award for accelerated study.

It is evident from the subject matter of the proposed amendment that it will have no effect on local governments. The amendment will also have no effect on small businesses. The amendment will not impose any adverse economic impact or any additional recordkeeping, reporting, or other compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to all public and nonpublic colleges and universities, education opportunity centers, and other postsecondary institutions that are eligible, where applicable, to participate in the tuition assistance program (TAP) in New York State, including those located in the 44 rural counties having less than 200,000 inhabitants and the 71 towns in urban counties having a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS, AND PROFESSIONAL SERVICES:

The proposed amendment is necessary to conform the Regulations of the Commissioner of Education to subdivisions 2 and 6 of section 665 of the Education Law, as amended by Parts E-1 and E-2 of section 1 of Chapter 57 of the Laws of 2007. The amendment establishes the minimum number of credits earned and the minimum grade point average accumulated a student must have complete before being certified for the next payment on his or her TAP award. It also establishes the number of credits, including remedial-course credits, a student must complete to qualify for an accelerated study award.

The amendment does not add or alter reporting or recordkeeping requirements for public and nonpublic colleges and universities, education opportunity centers, or other postsecondary institutions, including those located in rural areas, or impose reporting or recordkeeping requirements for students that participate in such programs. In addition, the amendment will not require regulated parties to acquire professional services.

3. COSTS:

The proposed amendment conforms the Commissioner's Regulations to newly amended section 665 of the Education Law. The amendment will not impose any additional costs on public and nonpublic colleges and universities, education opportunity centers, or other postsecondary institutions located in rural areas beyond minimal costs on them to update information materials concerning the number of credits and the grade point average a student must complete before being certified for the next payment on his or her award and number of credits a student needs to qualify for accelerated study and thereby being eligible for an accelerated award.

4. MIMINIZING ADVERSE IMPACT:

The proposed amendment establishes the minimum number of credits earned and minimum grade point average accumulated a student must complete before being certified for the next payment on his or her TAP award. It also establishes the number of credits, including allowable remedial-course credits, a student must complete to qualify for an accelerated study award. The amendment does not make any differentiation in eligibility based upon the geographic location of the student. In the interests of equity, uniform criteria are established for all students across the State.

5. RURAL AREA PARTICIPATION:

A copy of the proposed amendment was shared with each of the public and nonpublic colleges and universities, education opportunity centers, or other postsecondary institutions that are eligible to participate in the tuition assistance program (TAP) in New York State. These institutions were asked to comment on the amendment.

In addition, comments on the proposed amendment were solicited from the Rural Education Advisory Committee, whose membership includes, among others, representatives of school districts, BOCES, business interests, and government entities located in rural areas.

Job Impact Statement

The proposed amendment conforms the Regulations of the Commissioner of Education to section 665 of the Education Law, as amended by sections E-1 and E-2 of Chapter 57 of the Laws of 2007, which establishes the minimum number of credits earned and minimum grade point average accumulated a student must complete before being certified for the next payment on his or her tuition assistance program (TAP) award. Additionally, the proposed amendment establishes the minimum number of credits, including remedial-course credits, a student must complete to qualify for a TAP award for accelerated study.

The amendment will not affect jobs or 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 had not been prepared.