N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 145-2.2

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

Section 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 standards 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 1981-1982 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 for part-time study shall be determined at the end of each term of the academic year, and shall mean that a student has either:

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

(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 part-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 part-time study, pursuant to section 145-2.1 of this Subpart;

(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 part-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 use at a minimum, the academic progress standards established in section 665 of the Education Law, as applicable. However, institutions may establish and apply stricter standards of satisfactory academic progress provided such standards include the required levels of achievement to be measured at stated intervals. Criteria for achievement shall include, but need not be limited to:

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

(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.

(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; however, the institution must make its criteria and procedures for waivers available to students and the public, either in writing or on its website. 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 or his or her program's academic requirements, as determined by subparagraph (iv) of this paragraph.

(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 for a minimum of one semester or its equivalent and until the student is reinstated to good academic standing by either:

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

(b) establishing, to the satisfaction of the commissioner, evidence of the student's ability to successfully complete an approved program through of the one of the following options:

(1) demonstrating that the student has made up any deficiencies in his/her program and achieved academic progress and has achieved good academic standing without the benefit of the tuition assistance program, or other State support;

(2) applying for and being readmitted to the same institution after withdrawing as a student from such institution for at least one academic year;

(3) transferring to another higher education institution and meeting the new institution's admissions' requirements; or

(4) providing other evidence satisfactory to the Commissioner that the student will successfully complete the 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 or 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 of 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)

(1) 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 subparagraph (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;

(i) notwithstanding subclause (1) of this clause, for students receiving a State award in the 2010-2011 academic year who are not enrolled in a program of remedial study, as defined in item (ii) of this subclause, and who first received aid in the 2007-2008 academic year and thereafter, and who are enrolled in a two-year, four-year or five-year undergraduate program on a semester or trimester basis, or their equivalent, shall apply the 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 applicable in chapter 53 of the Laws of 2010; provided that students enrolled in a program of remedial study, as defined in item (ii) of this subclause, shall apply the particular requirements prescribed in the satisfactory academic progress charts in section 665 of the Education Law for the 2010-2011 academic year;

(ii) for purposes of this subclause only, students enrolled in a program of remedial study shall mean:

(A) students enrolled in remedial courses equivalent to at least six credits in their initial term of receipt of State financial aid and enrolled in at least nine credits in their first year of receipt of State financial aid; or

(B) students enrolled in remedial courses equivalent to at least three credits in their initial term of receipt of State financial aid and enrolled in at least nine credits in their first year of receipt of State financial aid; or

(C) students enrolled in the Higher Education Opportunity Program (HEOP), the Education Opportunity Program (EOP), the Search for Education, Elevation and Knowledge (SEEK) Program or the College Discovery (CD) Program; or

(D) students who first received an award in the 2007-2008 academic year and thereafter and who in the semester, trimester or their equivalent, preceding the 2010-2011 academic year, met the requirements prescribed in the satisfactory academic progress charts in section 665 of the Education Law for the 2007-2008 academic year but do not meet applicable standards for academic progress for the 2010-2011 academic year, as set forth in chapter 53 of the Laws of 2010, shall be deemed to be in an approved program of remedial study for purposes of determining which standards for academic progress apply;

(E) students who first received an award in the 2007-2008 academic year and thereafter and who in the first semester, trimester or their equivalent of the 2010-2011 academic year, met in the requirements prescribed in the satisfactory academic progress charts as set forth in chapter 53 of the Laws of 2010 but did not meet applicable standards in chapter 53 of the Laws of 2010 for academic progress for the second semester, trimester or their equivalent in the 2010- 2011 academic year, for good cause, as described in guidelines prescribed by the commissioner, shall be deemed to be in an approved program of remedial study for purposes of determining which standards for academic progress apply;

(F) for purposes of subitems (A) and (B) of this item, remedial courses taken in a prior academic year where the student was not eligible for State financial aid or in the summer preceding the student's initial term of receipt of State financial aid may be counted towards the required credits of remedial study to be considered a program of remedial study for purposes of this subclause.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 145-2.2

Amended New York State Register June 3, 2015/Volume XXXVII, Issue 22, eff. 6/3/2015