Meeting of the Board of Regents | June 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	Higher Education Committee
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Educational Requirements for Tuition Assistance Program (TAP) Awards Including Accelerated Study
DATE:	June 4, 2008
STRATEGIC GOAL:	1 and 2
AUTHORIZATION(S):

SUMMARY

 

Issues for Decision (Consent Agenda)

 

              Should the Board of Regents amend sections 145-2.2 and 145-2.9 of the Regulations of the Commissioner of Education relating to the educational requirements for certain State student aid awards granted under the tuition assistance program (TAP), including TAP awards for accelerated study?

 

Reasons for Consideration

 

              Required by State statute.

 

Proposed Handling

 

The proposed amendment will come before the Higher Education Committee for adoption as a permanent rule at the June 2008 Regents meeting. 

             

Procedural History

 

The proposed amendment was discussed at the February 2008 Regents meeting.  A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on February 27, 2008. 

 

 Since the February Regents meeting, the proposed amendment has been revised as discussed below.  A Notice of Revised Rule Making was published in the State Register on May 7, 2008.   Supporting materials for the proposed amendment are available upon request from the Secretary of the Board of Regents. 

 

Background Information

 

     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 section 1 of Chapter 57 of the Laws of 2007, which amended certain educational, or eligibility, requirements for certain State student aid awards granted under the tuition assistance program (TAP), including TAP awards for accelerated study.  Under existing law, a student must meet particular academic progress standards before being certified for a payment on his or her TAP award, and more specifically, must earn a minimum number of credits and minimum cumulative grade point average before being certified for such a payment.  The proposed amendment incorporates these mandated standards into the Commissioner’s Regulations that provide for program pursuit and academic progress requirements for maintaining eligibility for such awards, including good academic standing, and more specifically, satisfactory academic progress.

 

The proposed amendment applies to all public and nonpublic colleges and universities, education opportunity centers, and other postsecondary institutions that are eligible to participate in the tuition assistance program (TAP) in New York State.   The amendment will affect students first receiving TAP awards in the 2007-2008 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 recently amended, which prescribe the minimum number of credits completed  and minimum cumulative grade point earned before a student is certified for a payment on the students’ TAP award.  Provided, however, 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 set forth in such section of law.

 

Additionally, the proposed amendment conforms the Commissioner’s Regulations to section 665 of the Education Law, as amended by section 1 of Part E-2 of Chapter 57 of the Laws of 2007, by establishing the minimum number of credits, which may include a limited number of remedial-course credits, a student must complete to qualify for a TAP award for accelerated study.  Specifically, the amendment will provide that for students enrolled in a degree-granting institution, the institution will accept and apply towards that student’s eligibility for a TAP award for accelerated study up to three remedial course credits per semester completed in the student’s two preceding semesters as a full-time student at such institution.

 

              Since the Regents’ discussion of the proposed amendment at the February 2008 Regents meeting, staff has determined that certain technical revisions were necessary to clarify that students enrolled at either degree-granting institutions or non-degree granting schools are still eligible for a TAP award for accelerated study and that the remedial course credit limitation, as discussed above, strictly pertains to students enrolled at degree-granting institutions.  Specifically, section 145-2.9 was revised to clarify that to qualify for a TAP award for accelerated study, students must have earned twenty-four semester hours in the two immediately preceding, consecutive semesters; provided, however, that students enrolled at degree-granting institutions may apply up to three remedial course credits per semester towards this eligibility requirement and accordingly must earn eighteen degree credits for such eligibility.

 

Recommendation

 

              It is recommended that the Board of Regents take the following action:

 

              VOTED:  That sections 145-2.2 and 145-2.9 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 17, 2008, as a permanent rule.

 

Timetable for Implementation

 

The amendment will become effective July 17, 2008.

 

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 207, 602, 661, and 665 and Chapter 57 of the Laws of 2007.

              1.  Section 145-2.2 of the Regulations of the Commissioner of Education is amended, effective July 17, 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 July 17, 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 or 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 school or institution in the two immediately preceding, consecutive semesters, or their equivalent, provided that for students pursuing a program of study at a degree-granting institution, 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 school or institution in the two immediately preceding consecutive semesters, or their equivalent, provided that for students pursuing a program of study at a degree-granting institution, 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.