PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Amendment of section 150.2 and addition of section 150.4 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 and 6401-a and L. 2007, ch. 57
Subject:
State aid awards for high need nursing programs at certain independent colleges and universities.
Purpose:
To establish the eligibility criteria and the requirements and procedures for certain eligible independent colleges and universities and the Commissioner of Education to follow when applying for, or awarding, State aid awards for high needs nursing programs, in order to implement the requirements of chapter 57 of the Laws of 2007.
Text of proposed rule:
1. Section 150.2 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:
No portion of any State aid paid to an institution of higher education pursuant to the provisions of [section] sections 6401 and 6401-a of the Education Law shall be used for the religious instruction or religious worship or for the advancement or inhibition of religion.
2. Section 150.4 of the Regulations of the Commissioner of Education is added, effective October 4, 2007, as follows:
§ 150.4 State aid for high needs nursing program.
(a) Purpose. The purpose of this section is to establish the eligibility criteria and requirements for certain independent colleges and universities applying for State aid awards for high needs nursing programs pursuant to section 6401-a of the Education Law.
(b) Definitions. For purposes of this section:
(1) Enrolled shall mean that a student is registered full-time in the fall semester at an eligible institution in an associate or baccalaureate degree program in nursing that is registered by the department pursuant to section 52.12 of this Title;
(2) Eligible institution shall mean a higher education institution that meets the following requirements:
(i) the institution shall be a non-profit or independent college or university incorporated by the Regents or the Legislature that is geographically located in New York State;
(ii) the institution shall maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, excluding any online nursing degree program offered via the internet;
(iii) the institution shall meet such standards of educational quality applicable to comparable public institutions of higher education, as may be from time to time established by the Regents; and
(iv) the institution shall meet the requirements for State aid under the constitutions of the United States and the State of New York.
(3) Fall semester means that part of the academic year that begins between late August and November 1.
(4) Department shall mean the New York State Education Department.
(5) Full-time student shall mean a student that is enrolled at an eligible institution in full-time study, as defined in section 145-2.1 of this Title.
(6) High needs nursing program shall mean any nursing program registered by the department pursuant to section 52.12 of this Title at an eligible institution as defined in this section, and shall not include online or internet nursing degree programs.
(c) Application. Eligible institutions that wish to apply for State aid pursuant to section 6401-a of the Education Law shall submit an application to the commissioner by September 15 of the academic year in which they are seeking State aid, on a form prescribed by the commissioner.
(d) Awards.
(1) The commissioner shall grant State aid awards to each eligible institution within the amounts appropriated for such purpose, not to exceed one million dollars and based on the availability of funds. Such awards shall be computed by multiplying an amount not to exceed two hundred fifty dollars for each student enrolled in a high needs nursing program at an eligible two year degree institution and an amount not to exceed five hundred dollars for each student enrolled in a high needs nursing program at an eligible four year degree institution in the fall semester preceding the annual period for which such an apportionment is made.
(2) For purposes of this section, an eligible two year degree institution which has received authority to confer baccalaureate degrees shall continue to be considered an eligible two year degree institution until such time as it has actually begun to confer baccalaureate degrees.
(3) In the case of a jointly registered nursing degree program at more than one eligible institution, the eligible institution granting the degree shall receive the State aid award under this section.
(4) In the event that the appropriation cannot fully fund such awards, the commissioner will appropriate the monies to each eligible institution proportionately based on the amount of available funds and pursuant to a schedule determined by the commissioner.
(e) Institutional reports. Beginning July 1, 2007, each eligible institution applying for State aid pursuant to section 6401-a of the Education Law shall submit an annual certification by their chief executive officer to the commissioner by November 15 of each year, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and any other information the commissioner may require, in a form prescribed by the commissioner.
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, (518) 473-8296, e-mail: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Johanna Duncan-Poitier, Senior Deputy Commissioner of Education - P16, Education Department, 2M West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, (518) 474-3862, e-mail: p16education@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.
Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent colleges and universities and to promulgate any regulations necessary to implement the requirements of this section.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative objectives set forth in the aforementioned statutes in that it establishes the eligibility criteria and the requirements and procedures certain independent colleges and universities and the Commissioner of Education must follow when applying for, or awarding state aid for high needs nursing programs, in order to implement the requirements of Chapter 57 of the Laws of 2007.
3. NEEDS AND BENEFITS:
Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent institutions of higher education within the State. In order to conform with the new requirements set forth in section 6401-a of the Education Law, the proposed amendment establishes eligibility criteria and the requirements and procedures for certain eligible institutions and the Commissioner of Education to follow when applying for, and awarding, state aid under this section. Specifically, the amendment makes the following changes:
The amendment authorizes the Commissioner of Education to grant State aid awards to each eligible institution within the amounts appropriated for such purpose, not to exceed one million dollars and based on the availability of funds. In the event that the appropriation cannot fully fund such awards, the proposed amendment allows the Commissioner to appropriate the monies to each eligible institution proportionately based on available funds and pursuant to a schedule determined by the Commissioner.
The awards are computed by multiplying an amount not to exceed two hundred fifty dollars for each full-time student enrolled in a high needs nursing program at an eligible two year degree institution and an amount not to exceed five hundred dollars for each full-time student enrolled in a high needs nursing program at an eligible four year degree institution in the fall semester preceding the annual period for which such an appropriation is made.
This amendment defines an eligible institution as a higher education institution that meets the following requirements: (1) the institution must be a non-profit or independent college or university incorporated by the Regents or the Legislature that is geographically located in New York State; (2) the institution must maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, excluding any online nursing degree program offered via the internet; (3) the institution must meet such standards of educational quality applicable to comparable public institutions of higher education, as may be from time to time established by the Regents; and (4) the institution must meet the requirements for State aid under the constitutions of the United States and the State of New York. The amendment also defines high needs nursing program as any nursing program registered by the department at an eligible institution and shall not include online or internet nursing degree programs.
The proposed amendment requires each eligible institution that wishes to apply for State aid pursuant to this section to apply to the Commissioner by September 15 of the academic year in which they are seeking State aid. It also requires each eligible institution applying for State aid under this section to submit a certification by their chief executive officer to the Commissioner, by November 15 of each year, certifying the number of full-time students enrolled in a high needs nursing program at such institution in the fall semester.
The proposed amendment clarifies that an eligible two year degree institution which has received authority to confer bachelor degrees shall continue to be considered an eligible two year degree institution until such time as it has actually begun to confer bachelors' degrees. Also, in the case of a jointly registered nursing degree program at more than one eligible institution, the proposed amendment clarifies that the eligible institution granting the degree shall receive the State aid award under this section.
Other than the annual application and certified enrollment report mentioned above, the amendment does not add or alter any other reporting or recordkeeping requirements for independent colleges and universities, including those located in rural areas. The amendment will not require regulated parties to acquire professional services.
4. COSTS:
a. Costs to the State government. The proposed amendment will not impose additional costs on State government.
b. Costs to local government. None.
c. Costs to private regulatory parties. The proposed amendment may impose negligible costs on regulated entities when applying for state aid awards under Section 6401-a of the Education Law. Specifically, an annual negligible cost may be imposed on regulated parties to complete the required application form and the certified enrollment report.
d. Costs to the regulatory agency. The proposed amendment, which provides for State aid for high needs nursing programs for certain independent institutions of higher learning will add one time negligible additional responsibilities for the State Education Department to develop a basic application and an enrollment report form. The Department will administer the program using existing staff and resources.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment will not impose any new mandates on local governments.
6. PAPERWORK:
Other than the annual application and certified enrollment report mentioned above, the amendment does not add or alter any other reporting or recordkeeping requirements for independent colleges and universities, including those located in rural areas. The amendment will not require regulated parties to acquire professional services.
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 at this time.
9. FEDERAL STANDARDS:
The proposed amendment provides for State aid for high needs nursing programs for certain independent institutions of higher learning, and requires institutions to be eligible for state aid under the provisions of the constitution of the United States and the constitution of the State of New York.
10. COMPLIANCE SCHEDULE:
Consistent with the effective date of the statute, the proposed amendment applies to certain eligible independent colleges and universities applying for state aid for high needs nursing programs beginning on July 1, 2007.
Regulatory Flexibility Analysis
Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent institutions of higher education within the State. In order to conform with the new requirements set forth in Section 6401-a of the Education Law, the proposed amendment establishes the eligibility criteria and requirements and procedures for eligible institutions and the Commissioner of Education to follow when applying for, and awarding state aid under this section.
Based on 2005–2006 academic year data, the Department estimates that approximately 43 colleges and universities will be eligible for state aid for high needs nursing programs under Section 6401-a of the Education Law. However, in order to be eligible for state aid under this section, the institution must be a non-profit or independent college or university. Accordingly, the institutions applying for state aid under this section are not small businesses.
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 certain independent colleges and universities in New York State with high needs nursing programs registered by the State Education Department. Based on 2005–2006 academic year data, the Department estimates that approximately 43 colleges and universities will be eligible for state aid under the proposed regulation. Of these, approximately 12 are located in rural areas, defined as the 44 rural counties with less than 200,000 inhabitants and the 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:
Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent institutions of higher education within the State. In order to conform with the new requirements set forth in Section 6401-a of the Education Law, the proposed amendment establishes eligibility criteria and the requirements and procedures for certain eligible institutions and the Commissioner of Education to follow when applying for, and awarding, state aid under this section. Specifically, the amendment makes the following changes:
The amendment authorizes the Commissioner of Education to grant State aid awards to each eligible institution within the amounts appropriated for such purpose, not to exceed one million dollars and based on the availability of funds. In the event that the appropriation cannot fully fund such awards, the proposed amendment allows the Commissioner to appropriate the monies to each eligible institution proportionately based on available funds and pursuant to a schedule determined by the Commissioner.
The awards are computed by multiplying an amount not to exceed two hundred fifty dollars for each full-time student enrolled in a high needs nursing program at an eligible two year degree institution and an amount not to exceed five hundred dollars for each full-time student enrolled in a high needs nursing program at an eligible four year degree institution in the fall semester preceding the annual period for which such an appropriation is made.
This amendment defines an eligible institution as a higher education institution that meets the following requirements: (1) the institution must be a non-profit or independent college or university incorporated by the Regents or the Legislature that is geographically located in New York State; (2) the institution must maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, excluding any online nursing degree program offered via the internet; (3) the institution must meet such standards of educational quality applicable to comparable public institutions of higher education, as may be from time to time established by the Regents; and (4) the institution must meet the requirements for State aid under the constitutions of the United States and the State of New York. The amendment also defines high needs nursing program as any nursing program registered by the department at an eligible institution and shall not include online or internet nursing degree programs.
The proposed amendment requires each eligible institution that wishes to apply for State aid pursuant to this section to apply to the Commissioner by September 15 of the academic year in which they are seeking State aid. It also requires each eligible institution applying for State aid under this section to submit a certification by their chief executive officer to the Commissioner, by November 15 of each year, certifying the number of full-time students enrolled in a high needs nursing program at such institution in the fall semester.
The proposed amendment clarifies that an eligible two year degree institution which has received authority to confer bachelor degrees shall continue to be considered an eligible two year degree institution until such time as it has actually begun to confer bachelors' degrees. Also, in the case of a jointly registered nursing degree program at more than one eligible institution, the proposed amendment clarifies that the eligible institution granting the degree shall receive the State aid award under this section.
Other than the annual application and certified enrollment report mentioned above, the amendment does not add or alter any other reporting or recordkeeping requirements for independent colleges and universities, including those located in rural areas. The amendment will not require regulated parties to acquire professional services.
3. COSTS:
The proposed amendment implements specific statutory requirements for certain eligible independent colleges and universities. However, the proposed regulation may result in minimal costs to these regulated entities in order to complete the application form and the certified enrollment report.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment implements the requirements of Chapter 57 of the Laws of 2007. The statute makes no exception and does not impose different requirements for eligible independent colleges and universities located in rural areas. The proposed amendment has been carefully drafted to implement the statutory mandates. The intent of the statute is to establish the eligibility criteria and the requirements and procedures for eligible institutions and the Commissioner of Education to meet, when applying for and/or awarding state aid under this section. Because of the nature of the proposed amendment, imposing different standards for rural entities would be inappropriate.
5. RURAL AREA PARTICIPATION:
A copy of the proposed amendment was shared with each of the independent colleges and universities in New York State with high needs nursing programs, including those located in rural areas.
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
Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid to certain eligible independent colleges and universities for high needs nursing programs. In order to implement the requirements of section 6401-a, the proposed amendment is need to establish the eligibility criteria for such awards, the application process and the reporting requirements for independent colleges and universities that wish to apply for State aid for high needs nursing programs under this section.
The amendment implements statutory requirements and will have no impact on jobs or employment opportunities. Because it is evident from the nature of this proposed amendment that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.
