N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 145-2.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 145-2.1 - Full-time and part-time study and remedial workload

(a) For programs at degree-granting institutions which measure study in terms of credit hours or a comparable measure, the following definitions shall apply:

(1)

(i) For State student financial aid programs, except the supplemental tuition assistance program (STAP), full-time study, where required by law, shall mean enrollment in credit-bearing courses applicable to the students' program of study, for at least 12 semester hours for a semester of not less than 15 weeks or 100 calendar days, inclusive of examination periods; or eight semester hours a quarter; or, in programs not organized on a semester or quarter basis, 24 semester hours for an academic year of not more than 12 months or the equivalent, as determined by the commissioner. Provided, however, that for the 2020-2021 academic year, a student shall meet the definition of full-time study in accordance with this subparagraph where a student is unable to enroll in credit-bearing courses applicable to the student's program of study for at least 15 weeks for a semester due to the COVID-19 crisis, provided that the student is enrolled in such credit-bearing courses for a minimum of 12 weeks for a semester and otherwise meets the semester hour requirements prescribed in this subparagraph.

(ii) A student shall be considered full-time for a program organized on an academic-year basis only if the student has filed a plan of study with the institution for the entire academic year. Except as otherwise defined in paragraph (4) of this subdivision, part-time study, for general awards, other than tuition awards for veterans and tuition awards for part-time undergraduate students, and for academic performance awards, shall mean enrollment in credit-bearing courses applicable to the students' program, for at least 6, but less than 12, semester hours or the equivalent for a semester of not less than 15 weeks or 100 calendar days, inclusive of examination periods; or at least four, but less than eight, semester hours a quarter. Provided, however, that for the 2020-2021 academic year, a student shall meet the definition of part-time in accordance with this subparagraph where a student is unable to enroll in credit-bearing courses applicable to the student's program for at least 15 weeks for a semester due to the COVID-19 crisis, provided that the student is enrolled in such credit-bearing courses for a minimum of 12 weeks for a semester and meets the semester hour requirements prescribed in this subparagraph.

(iii) The definition of the term semester hour shall be that provided in section 50.1(o) of this Title. Independent or individualized study, practice teaching, graduate assistantships, thesis or dissertation research, preparation for language or qualifying examinations, and noncredit or remedial courses, may all be considered as contributing toward full-time or part-time study on an hour-for-hour equivalent basis, if the student effort required is the same as would be required for a credit-bearing course in conformity with section 50.1(o) of this Title, and if required or approved by the school, in a plan of study prefiled by the student with the school, as an integral part of the student's program. Credit for independent or individualized study shall be computed in accordance with full-time or part-time requirements. Effective for academic terms beginning after January 1, 1978, a student carrying a full-time program that includes noncredit remedial courses shall carry at least six semester hours a semester, except that in the first semester of study such a student need carry only three semester hours. Effective for academic terms beginning on or after July 1, 1984, a student carrying a part-time program that includes noncredit remedial courses shall carry at least three semester hours a semester. A combination of such credit and remedial work shall equal the minimum student effort requirement for full- time study or part-time study, respectively, in nonremedial programs. However, courses taken solely to meet teacher certification, licensing, or other external requirements, and not recommended or required by the school as an integral part of the student's program, shall not contribute to full-time or part-time study.

(iv) Except as otherwise provided in subdivision (e) of this section and subparagraph (v) of this paragraph, when determining full-time or part-time status, credit-bearing courses must be applicable to the student's program of study as a general education requirement, major requirement, or specified or free elective. Credit-bearing courses not applicable to the student's program of study cannot be included as part of the minimum full-time or part-time study requirement.

(v)

(a) An institution may grant a waiver of the requirements of subparagraph (iv) of this paragraph for purposes of determining full-time status, where the institution certifies, and maintains documentation, that such waiver is in the best interest of the student, and where the student submits an application for such waiver that:

(1) demonstrates that their inability to meet such requirements is due to circumstances beyond the student's control, such as the student having earned advanced placement or other college credits earned in high school, having transferred into the institution, encountering obstacles posed by course sequence requirements, or changing majors;

(2) includes an individual academic graduation plan, developed with the student's advisor at such institution, that prescribes how the student will fulfill degree coursework if granted the waiver. Such plan must document a detailed path toward degree completion while maintaining the minimum number of credit hours required for full-time study status toward the approved program of study.

(b) Institutions shall develop criteria and procedures to consider and grant waivers, consistent with the provisions of this subparagraph. Prior approval by the commissioner of such criteria and procedures shall not be required; however, the institution shall make such criteria and procedures available to students and the public, either in writing or on its website. The commissioner may review such criteria and procedures and require an institution to revise those found to be not aligned with the provisions of this subparagraph.

(2) For the supplemental tuition assistance program (STAP), full-time study shall mean, in programs organized on a semester basis, enrollment for at least 12 remedial hours of noncredit study in a session of summer remediation immediately preceding and/or immediately following the initial year of matriculated study; or in programs organized on a quarter basis, enrollment for at least eight remedial hours of noncredit study in a session of summer remediation immediately preceding and/or immediately following the initial year of matriculated study. The student effort required for a remedial hour shall be the same as would be required for a semester hour in conformity with subdivision (o) of section 50.1 of this Chapter.

(3) For the supplemental tuition assistance program (STAP), an approved program of noncredit-bearing remediation shall mean the student's entire noncredit course load taken in the summer immediately preceding and/or immediately following the initial year of matriculated study, subject to the following conditions:

(i) such course load shall have been approved as educationally sound by an institutional official familiar with the student's academic deficiencies; and

(ii) such course load shall consist of noncredit remedial work designed to remedy academic deficiencies which, if not addressed, might prevent the student from successfully completing a degree or certificate program at the institution.

(4) For purposes of section 661 (d)(4) of the Education Law, for a student with a disability, as defined in 42 USC 12102(2) (United States Code, 1994 edition, volume 23; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; 1995-available at the Office of Higher Education, Education Building Annex, Room 979, Albany, NY 12234), part-time study or attendance shall mean enrollment in credit-bearing courses applicable to the students' program, for at least three but less than 12 semester hours per semester or the equivalent, or at least two but less than eight semester hours per quarter.

(b) In noncollegiate programs which measure study solely in terms of instructional hours as defined in subdivision (j) of section 126.1 of this Chapter, such as nondegree two-year business programs and nondegree nursing programs, the equivalent of a semester or quarter of full-time study shall require at least 24 instructional hours a week and part-time study shall require at last 12 instructional hours a week.

(c) In schools not organized on a semester or quarter basis, four months of full-time attendance shall be considered the equivalent of a semester.

(d) Full-time or part-time status, respectively, must be established independently for each separate semester or term of attendance, except where the measure of full-time is 24 semester hours for an academic year of not more than 12 months as provided for in subdivision (a) of this section.

(e) A student will be deemed to meet the full-time [or part-time study] requirement in their last semester of eligibility in their program of study if the student takes at least one course needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent. A student shall be deemed to meet the full-time study requirement in the semester prior to their last semester of eligibility in their program of study if the student takes at least six semester hours needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent.

(f) Upon presentation of satisfactory medical evidence to substantiate that serious illness or mental or physical disability precludes attendance on a full-time basis, work performed during two or more terms of study may be approved as equivalent to a regular term for scholarship, tuition assistance program or other benefits.

(g) Upon presentation of satisfactory evidence that the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction of study and such statement has been adopted by the institution as a result of a disaster as defined in section 50.1(w) of this Title, a semester hour of credit may be granted by an institution for fewer hours of instruction and study for purposes of a scholarship, tuition assistance program or other benefits.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 145-2.1

Amended New York State Register December 27, 2017 /Volume XXXIX, Issue 52, eff. 12/27/2017

Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020

Amended New York State Register June 26, 2024/Volume XLVI, Issue 26, eff. 6/26/2024