ESC-38-07-00001-P Volunteer Recruitment Service Scholarships Program

9/19/07 N.Y. St. Reg. ESC-38-07-00001-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 38

September 19, 2007

RULE MAKING ACTIVITIES

HIGHER EDUCATION SERVICES CORPORATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ESC-38-07-00001-P

Volunteer Recruitment Service Scholarships Program

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

Proposed action:

Addition of section 2201.11 to Title 8 NYCRR.

Statutory authority:

Education Law, sections 653, 655 and 669(c)

Subject:

Volunteer Recruitment Service Scholarships Program.

Purpose:

To implement the program.

Text of proposed rule:

New section 2201.11 is added to Title 8 of the New York Code, Rules and Regulations to read as follows:

Section 2201.11 Volunteer Recruitment Service Scholarships Program

(a) Definitions:

(1) “Corporation” means the New York State Higher Education Services Corporation.

(2) “Home company” means the volunteer organization which submits the initial application nominating one of their active members for a volunteer recruitment service scholarship.

(3) “Host company” means the volunteer fire or ambulance company which allows a scholarship recipient to volunteer at their organization upon written agreement with the home company.

(4) “Scholarship” means the tuition benefit awarded under the Volunteer Recruitment Service Scholarships as codified in section 669-c of the education law.

(b) Eligibility: In addition to those requirements provided in sections 661 and 669-c of the Education Law, the following requirements shall apply in the selection of the scholarship recipients:

(1) Applications for the volunteer recruitment service scholarships shall be postmarked or electronically transmitted no later than August 1st of each year, provided that this deadline may be extended at the discretion of the corporation;

(2) Applications shall be filed annually on forms prescribed by the corporation; and

(3) The pool of applicants shall be those who have successfully met the filing deadline.

(c) Amounts:

(1) The amount of the scholarship award shall be determined in accordance with section 669-c of the Education Law.

(2) Disbursements shall be made each semester and pro-rated by credit hour.

(3) Scholarship awards shall be reduced by the value of any other scholarships and grants, except that nothing shall require the value of such scholarships and grants applicable to the costs of attendance, other than tuition to reduce the amount of the Volunteer Service Scholarship.

(d) Priorities: If there are more applicants than award funds appropriated or available in any fiscal year, the following provisions shall apply:

(1) returning applicants shall be given priority pursuant to paragraph (e) of subdivision (3) of section 669 -c of the education law;

(2) remaining applicants shall be chosen by random selection. Random selection shall be conducted by lottery which shall be the preferred manner of tie breaking.

(e) Out of Area Service: If an applicant for, or recipient of, a volunteer recruitment scholarship is enrolled at an eligible institution of higher education outside the fifty mile radius of the volunteer organization of which he or she is a member, the following provisions shall apply:

(1) The applicant, or recipient, shall offer his services to a host company whose service area includes the school where the student is enrolled.

(2) If the offer is accepted by the host company, the eligible applicant or recipient may be entitled to award payments for attendance at that school only if the home company, the host company, and the recipient enter into an agreement on forms prescribed by the corporation.

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

Cheryl B. Fisher, Supervising Attorney, Higher Education Services Corporation, 99 Washington Ave., Rm. 1350, Albany, NY 12255, [phone], e-mail: [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.

Regulatory Impact Statement

Statutory authority:

Pursuant to section 652(2) of the Education Law, the New York State Higher Education Services Corporation (“HESC”) was established for the purpose of improving post-secondary educational opportunities of eligible students through the centralized administration of New York State financial aid programs and coordinating the State's administrative effort in student financial aid programs with those of other levels of government.

In addition, section 653(9) empowers HESC's Board of Trustees to perform such other acts as may be necessary or appropriate to carry out the objects and purposes of HESC including the promulgation of rules and regulations.

HESC's President is authorized, under section 655(4) of the Education Law, to propose rules and regulations, subject to approval by the Board of Trustees, governing, among other things; the application for the granting and administration of student aid and loan programs; the repayment of loans or the guarantee of loans made by HESC; and administrative functions in support of state student aid programs. Also, consistent with section 655(9) of the Education Law, HESC's President is authorized to receive assistance from any Division, Department or Agency of the State in order to properly carry out his powers, duties and functions. Finally, section 655(12) of the Education Law provides HESC's President with the authority to perform such other acts as may be necessary or appropriate to carry out effectively the general objects and purposes of HESC.

Pursuant to section 669-c of the Education Law, HESC is authorized to administer the provisions of the New York State Volunteer Recruitment Service Scholarships Program (“Program”) in which HESC awards scholarships to qualified volunteer firemen and ambulance workers throughout New York State. Education Law section 669-c was created via Chapter 83 of the Laws of 2002 (Part G). Paragraph d of subdivision 4 of section 669-c states that recipients of the scholarship must attend an institution of higher education within a fifty mile radius of their volunteer organization.

Chapter 125 of the Laws of 2006 amended section 669-c of the Education Law by adding new subdivision 9. This new subdivision allows scholarship recipients to attend institutions of higher education outside the aforementioned fifty mile radius on certain conditions. This includes, requiring that the volunteer organization where the recipient is a member and the volunteer organization outside the fifty mile radius to agree on the conditions of the voluntary service agreement and to comply with Education Law section 669-c(9).

Legislative objectives:

The Legislature enacted the New York State Volunteer Recruitment Service Scholarships Program to increase the number of volunteer firemen and ambulance workers throughout New York State. The amount of the scholarship provides volunteer service organizations with a recruiting and retention tool. New subdivision 9 increases the flexibility of the Program by extending its benefits to emergency fireman and ambulance workers wishing to attend college outside the fifty mile radius of their original volunteer organization. Other objectives include: increasing access to a college education by providing volunteers with their choice of schools located within New York State; addressing the critical need for volunteer emergency personnel; and maintaining the services of such volunteers while they pursue their education.

Needs and benefits:

When the Volunteer Recruitment Service Scholarship Program was created, the Legislature had determined that the ranks of volunteer firemen and ambulance workers in New York State were diminishing. In an effort to increase volunteer membership, the legislature passed a host of bills providing them with benefits tangential to their service, such as the Volunteer Recruitment Service Scholarship. The Program, however, originally limited recipients who wanted to keep their scholarship to choosing an institution of higher education located within a fifty mile radius of their volunteer organization. Subsequent legislation removed the fifty mile radius limitation.

This proposed rule making will provide benefits to the scholarship recipients, the volunteer organizations, and New York State by making it possible for volunteer emergency responders to attend institutions of higher education outside the fifty mile radius of their volunteer organizations. Scholarship recipients will benefit by being able to keep their scholarships and by having a greater choice of educational institutions; volunteer organizations will benefit by being able to offer this enhanced incentive for volunteers to join their organizations; and the people of New York State will benefit because emergency firefighters and ambulance workers will be further enticed to continue to provide volunteer services in New York State.

In general, interested students request an application from their volunteer company. Upon request, HESC mails applications and supplements to the volunteer company. A volunteer organization must develop a policy to be used to select a candidate and forward a copy of such policy with HESC. A volunteer organization can select one eligible candidate per year and applications must be postmarked by August 1st.

Scholarship recipients wishing to attend a school outside of the fifty mile radius of their home company must enter into a joint service agreement with their Home Company and Host Company (provided the college is located within the Host Company's service area). Among other things, the joint service agreement sets forth the volunteer service to be provided for both volunteer organizations by the recipient. Additionally, the Home Company agrees to assume all responsibility for certifying the student's active status each year and the Host Company agrees to notify HESC and the Home Company if the student fails to meet the requirements necessary to maintain active status with the Host Company. Finally, the student agrees to abide by the terms and conditions of the Program and that the award could be revoked or refunded due to the student's failure to comply.

Awards are equal to the amount of tuition, reduced by any tuition-based grant, but can not exceed the amount of tuition charged by the State University of New York (“SUNY”). Recipients will continue to receive benefits as long as they are continuously enrolled, meet the eligibility requirements and funding is available. Payment is made to the college on behalf of students upon verification of eligibility. Information concerning the Volunteer Recruitment Service Scholarship Program is contained on HESC website.

Costs:

a. It is anticipated that there will be no costs to regulated parties for the implementation of, or continuing compliance with this rule, except for programmatic administration costs to HESC.

b. The cost of the program to the State shall be limited to monies appropriated for the program in any given year. It is anticipated that there will be no costs to Local Governments for the implementation of, or continuing compliance with, this rule.

c. The source of the cost data in (b) is derived from sections 669-c(2)(g) and 669-c(7) of the Education Law which limit an annual scholarship to an amount equal to or lesser than annual SUNY tuition; and from section 669-c(3)(d) which prohibits awards from exceeding the funding appropriated by the Legislature. Currently the annual SUNY tuition for in-state residents is $4350. The most recent New York State budget included a four million dollar appropriation for this program. From 2002 – 2006 over 1660 awards have been made to eligible students.

Local government mandates:

No program, service, duty or responsibility will be imposed by this rule upon any county, city, town, village, school district, fire district or other special district.

Paperwork:

Under this proposal, each year the Home Company and their nominee will complete an application for this Program. The Home Company will also complete a member certification form each year validating the continued service for their prior award recipients. The student, the Home Company and the Host Company will enter into a Joint Service Agreement, if required. Volunteer organizations will be required to develop a policy for selecting applicants. No additional paperwork will be required.

Duplication:

No relevant rules or other relevant requirements duplicating, overlapping, or conflicting with this rule were identified.

Alternatives:

With the recent addition of Education Law section 669-c(9), HESC is required to adopt regulations regarding the administration of the Volunteer Recruitment Service Scholarship as it relates to recipients seeking to enroll in schools located outside of the fifty mile radius of their current volunteer organization. However, given the knowledge and experience gained through prior outreach and administration of the Volunteer Recruitment Service Scholarship, HESC is promulgating comprehensive regulations to govern the Program.

Under this proposal, HESC created and defined the terms “home” and “host” companies so that the regulated parties could easily refer to the volunteer organizations both inside and outside of the fifty mile radius and, so that they could easily understand the necessary HESC forms, including the service agreement that must be signed by the home and host companies, as well as the scholarship recipient. In addition, the rule will notify recipients that they must initiate the process of volunteering at a host company, which is consistent with the provisions of section 209-i of the General Municipal Law, and other requirements as set forth in subdivision 9 of the Education Law.

The August 1st deadline and lottery language included is standard in many of HESC's other scholarship programs and is based upon existing practice and experience. In addition, this will allow students and schools to finalize financial aid prior to the start of the fall term.

No other alternatives were considered. Given the statutory language, a “no action” alternative was not an option for consideration.

Federal standards:

This rule does not exceed any minimum standards of the Federal Government.

Compliance schedule:

The regulated parties will be able to comply with the regulation immediately upon its adoption.

Regulatory Flexibility Analysis

This statement is being submitted pursuant to subdivision (3) of section 202-b 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 add new section 2201.11 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 will not impose an adverse economic impact on small businesses or local governments. This agency finds that this rule will not impose any compliance requirements or adverse economic impact on small businesses or local governments.

The proposal implements a post-secondary educational scholarship for volunteer emergency responders funded by New York State and administered by HESC.

Rural Area Flexibility Analysis

This statement is being submitted pursuant to subdivision (4) of section 202-bb 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 add new section 2201.11 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 will not impose an adverse impact on rural areas. The proposal could have a positive impact on rural communities. The proposal implements a post-secondary educational scholarship for volunteer emergency responders funded by New York State and administered by HESC. Emergency responders in every part of New York State are eligible, including rural areas where volunteers, rather than paid employees, make up the fire and ambulance organizations.

HESC finds that this rule will not impose any reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.

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 New York State Higher Education Services Corporation's (HESC) Notice of Proposed Rule Making seeking to add new section 2201.11 of 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 will not have any adverse impact on jobs or employment opportunities. The proposal implements a post-secondary educational scholarship for volunteer emergency responders funded by New York State and administered by HESC.