N.Y. Comp. Codes R. & Regs. tit. 8 § 2207.1

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

Section 2207.1 - Student eligibility criteria

In order to be eligible for a tuition award for part-time undergraduate students, notwithstanding the provisions of section 2201.1 of this Title, a recipient must satisfy the following criteria:

(a) Application. In order to be eligible for an award under this Part, a recipient must file annually with the institution of attendance a complete formal application, on a form prescribed by or acceptable to the president.

(b) Citizenship. Recipients for awards under this Part must be, at the time of the commencement of the term for which they are requesting an award, either:

(1) a citizen of the United States;

(2) a permanent resident alien holding an I-151 alien registration card;

(3) an individual of a class of refugees paroled by the Attorney General of the United States under the parole authority pertaining to the admission of aliens to the United States; or

(4) a refugee or emergency situation refugee admitted to the United States under section 201(b) of the Refugee Act of 1980 (8 U.S.C., § 1157).

(c) Residency.

(1) In order to be eligible for an award under this Part, a recipient must have been a legal resident of New York State for at least one year preceding the term for which aid is requested, or, if not a resident for one year preceding the term for which aid is requested, a recipient must be a legal resident at the time of application and have been a legal resident for the last two semesters of high school.

(2) The legal residence of a recipient who is claimed by a parent, stepparent or adoptive parent as a dependent for income tax purposes shall be considered to be that of the person so claiming, unless the recipient can establish to the satisfaction of the president that a separate legal residence within New York State has been established. Residence in a college-owned housing facility shall not, in itself, establish a separate legal residence.

(3) Legal residence within New York State must be maintained for the entire academic period for which an award is made, and no award may be made for any term subsequent to the term in which a recipient discontinues permanent New York residence.

(4) A recipient for an award who has not been a resident for at least one year immediately preceding the term for which aid is requested will be considered to satisfy the residency standard if enlisted in military or domestic volunteer service, a resident of the State at the time of his entry into such service, and if State residence was reestablished within six months of the date of discharge.

(d) Income.

(1) For purposes of this Part:

(i) Income shall mean that amount determined in accordance with subdivisions one and two of section six hundred sixty-three of the education law; provided, however, that if persons required to report income to the corporation did not file an appropriate New York State income tax return, or if the return did not include income outside New York State, such persons shall report to the corporation what income would have been had their total income been subject to New York State income tax and had such income tax return been filed.

(ii) Family shall mean and include the recipient, the recipient's spouse, the recipient's natural parents, stepparents, adoptive parents and the spouse of an adoptive parent.

(2) In the event that a recipient has claimed a tax dependent or has been claimed as a tax dependent for the calendar year next preceding the beginning of the academic year for which an application for an award is made, in order to be eligible, family income shall not exceed $50,550. In all other events, in order to be eligible, the income of the recipient, and the recipient's spouse, if any, shall not exceed $34,250.

(3) For purposes of this Part, the recipient or any other person whose income is used to determine eligibility shall be considered married if married on or before December 31st next preceding the beginning of the academic year for which an application for an award is made. To be considered for purposes of award determination, any separation must be by judicial decree or pursuant to an agreement of separation which is filed with a court of competent jurisdiction. If the parents of a recipient are separated or divorced, the income of the recipient shall be based upon the income of that parent with whom the recipient is living, or who exercises custody if the recipient is a minor, or would exercise custody if the recipient were a minor, and any appropriate payments for the support of the recipient from the other party.

(4) Adjustments for change in circumstances for a recipient for an award under this Part shall be made in accordance with the provisions of section 2202.3(e) of this Title.

(e) Enrollment. In order to be eligible for an award under this Part a recipient must be matriculated in an approved undergraduate degree program or registered certificate program and enrolled for at least 3 but less than 12 semester hours per semester, or at least 4 but less than 8 semester hours per quarter, or the equivalent as defined by the commissioner.

(f) Good academic standing. The continuation of eligibility by a recipient for an award under this Part shall require the recipient to be in good academic standing, as defined by the commissioner pursuant to article 13 of the Education Law.

(g) Duration. A recipient shall be eligible for a period not to exceed eight years of part-time undergraduate study or, if the recipient is enrolled in a program normally requiring five years approved by the commissioner pursuant to section 145-2.7 of this Title, for a period not to exceed 10 years of part-time undergraduate study. Recipients enrolled in a program of remedial study conforming to the provisions of this article, approved by the commissioner in a degree-granting institution, and intended to culminate in an undergraduate degree, shall be considered as enrolled in a program normally requiring five years. Any semester, quarter or term of attendance during which a student receives an award pursuant to this Part shall be counted as one half of a semester, quarter or term, as the case may be, toward the maximum term of eligibility for tuition assistance program awards pursuant to section 667 of the Education Law. The period of eligibility for an award under this Part shall be proportionately reduced for each semester, quarter or term of attendance during which a student receives an award pursuant to section 667 of the Education Law, or any award which is counted toward the maximum term of eligibility under that section.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2207.1

Amended New York State Register August 31, 2016/Volume XXXVIII, Issue 35, eff. 8/31/2016