N.Y. Comp. Codes R. & Regs. tit. 8 § 2201.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2201.1 - General eligibility criteria

Unless otherwise specified, in order to be eligible for any general award, academic performance award or fellowship, except the Regents physician loan forgiveness program, a candidate for an award must satisfy the following general criteria as well as all other criteria for a particular award:

(a) Application. To be eligible to receive payment for any award under this Subchapter, a candidate must file annually with the corporation a complete formal application for payment, in the form prescribed by the corporation, no later than the deadline required by the U.S. Department of Education for the Free Application for Federal Student Aid (FAFSA), or a subsequent Federal form required for need based student aid. Responses to supplemental information requests, submission of supplemental forms whether electronic or otherwise, or requests to amend any information included on an application or for an adjustment to any award must be received by the corporation no later than 45 days from the date of the award notification, request for additional information or the application deadline, whichever is later. Applications received after the Federal deadline shall not be processed by the corporation. No initial award or award adjustment shall be made to candidates who fail to respond to a corporation request for information necessary to make a determination of award eligibility or award amount by the applicable deadline. The date of issuance of any document from the corporation and the receipt of any document returned to the corporation by the candidate shall be determinative. Such request shall be made upon forms prescribed by the corporation and shall contain all information deemed necessary to make the amendment or adjustment. Any TAP Certifying Officer may submit corrections to the reported college of attendance for a term up to the corporation's annually announced close-out date for payment reconciliation. All information contained with the applications filed with the corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required pursuant to article 6 of the public officers law or otherwise required by law.

(b) Residency. Applicants who are legal residents of the state. A legal resident of the state means an individual whose place of domicile is New York state and is either (i) a United States citizen, (ii) a permanent lawful resident, or (iii) an individual of a class of refugees paroled by the attorney general under his or her parole authority pertaining to the admission of aliens to the United States.

(c) Matriculation. Candidates for awards under this Subchapter must be in matriculated status, as defined by sections 145-2.4 and 145-2.8 of this Title, at their college or vocational institution.

(d) Approved programs for receipt of general and academic awards.

(1) Candidates for awards under this Subchapter must be enrolled in programs approved by the commissioner pursuant to section 145-2.3 of this Title, except that no award shall be made for study in programs leading to any degree relating to theological study listed in section 145-2.6 of this Title.

(2) Academic performance awards shall be limited in their use to approved institutions and programs, as provided by sections 145-1.6 and 145-1.12 of this Title.

(e) Full-time and part-time study. In order to be eligible for any award under this Subchapter, except Regents scholarships for veterans with war service and except as provided in paragraph (3) of this subdivision, recipients must be in full-time attendance.

(1) Full-time and part-time study shall be as defined in section 145-2.1 of this Title.

(2) For schools not organized on a semester, quarter or uniterm basis, equivalency of full- time or part-time study should be established by the commissioner prior to certification of a student's eligibility to receive an award.

(3) A recipient of a Regents college scholarship who is in his or her last term of eligibility and who need not take 12 or more credits or the equivalent thereof to complete his or her prescribed course of study shall be entitled to receive payment of such scholarship, provided the recipient enrolls for sufficient credits or the equivalent to complete the course of study and is otherwise eligible for payment. Nothing herein shall be construed to exempt such recipient from the requirement of full-time attendance for tuition assistance program (TAP) or other awards.

(f) Good academic standing. Failure to maintain good academic standing, as defined by the commissioner in section 145-2.2 of this Title, shall be grounds for the suspension of a student's eligibility to receive payments for an award, until such student is reinstated in good academic standing in accordance with standards established pursuant to section 145-2.2 of this Title.

(g) Special programs.

(1) In-state study. Students receiving instruction from an institution located outside of New York State shall be eligible for an award provided they satisfy the requirements of section 145-2.5 of this Title requiring the student's matriculation at an institution located in New York. Certification of a student's eligibility to receive an award shall be made by the institution located in New York.

(2) Inter-institutional study. Students receiving instruction from an institution within New York State which is not the institution of the student's matriculation shall be eligible for an award, provided that the institution of matriculation has given prior approval for such study, has certified that credits received by virtue of such instruction will be fully transferable to the institution of matriculation, and creditable toward its degree requirements, and that the tuition charge certified for purposes of calculating an award is based solely upon the cost of instruction received which is so transferable. The institution of matriculation shall certify to the corporation the student's eligibility to receive an award.

(3) Contract schools. Students receiving instruction from an institution located outside of New York State, pursuant to contract agreements entered into between such institution and the commissioner, shall be eligible for an award upon the certification of a student's eligibility by the commissioner to the corporation.

(h) Guaranteed student loan and award refund exclusion. Notwithstanding the fulfillment of all eligibility requirements set forth in this section, any applicant who is in default of the repayment of a student loan guaranteed by the corporation, or who has failed to fulfill a professional service requirement of any award made pursuant to this Subchapter, or who has failed to repay an overpayment of an award, shall not be eligible to receive payment for any award made under this Subchapter, except as permitted by Part 2008 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2201.1

Amended New York State Register September 4, 2019/Volume XLI, Issue 36, eff. 9/4/2019