N.Y. Comp. Codes R. & Regs. tit. 8 § 2207.3

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

Section 2207.3 - Procedures

(a) Institutional application. The corporation shall provide an application, on forms prescribed by the president, to all institutions eligible to participate in the program under this Title, such applications to be postmarked on or before the 15th day of May prior to the beginning of the academic year. Eligible institutions shall submit such completed applications to the corporation, postmarked on or before the 15th day of June next following.

(b)

(1) Allocation. The State Education Department shall provide the enrollment data, upon which the institutional allocation of funds will be based, to the corporation on or before the first day of May prior to the beginning of the academic year. The corporation shall determine annual institutional allocation pursuant to the provisions of section 2207.2(b) of this Part, and notify institutions whose annual applications have been approved by the corporation of the institutional allocation of funds on or before the first day of July next following.

(2) Reallocation.

(i) In the event an institution forming a part of the State University of New York or the City University of New York which was allocated funds for awards under this Part shall not expend the entire amount of its allocation, the Chancellor of the State University of New York or the Chancellor of the City University of New York, as the case may be, may reallocate and distribute the unexpended portion to other participating institutions of such university. Written notification of such a reallocation by the Chancellor of the State University of New York or the Chancellor of the City University of New York shall be submitted by such chancellor, or such chancellor's designee, to the president within 30 days of the reallocation. No notification of a reallocation, however, may be submitted to the president after May 31st of the academic year. A notification of reallocation shall include the name of the institution having an unexpended portion of its allocation, the amount thereof, the name of the institution or institutions to whom such portion was distributed, the date of such distribution, and the amount each institution received.

(ii) Any institution which shall receive an allocation for an award under this Part, other than one referred to in subparagraph (i) of this paragraph, which shall determine that a portion of such allocation shall not be awarded to its students may notify the president, on or before the 15th day of September for the fall term of the academic year, or on or before the 15th day of January for the spring term of such year, the amount of the unexpended portion of its allocation. Upon such notification, the allocation to the institution shall be deemed reduced by the amount set forth in such notice. The president may reallocate the amounts of the unexpended portion of allocations reported by such participating institution to other such participating institutions which have requested additional allocations. A request for an additional allocation shall be made by an institution on a form prescribed by the president. A request for the fall term of the academic year shall be submitted on or before the 15th day of September, and for the spring term of such year on or before the 15th day of January. The request shall set forth the number of eligible students the institution estimates will receive part-time awards under its current allocation, and the amount of such awards, and the number of eligible students the institution estimates will not be able to receive awards under its current allocation and the amount of awards required therefor. The president may accept a notification of additional available funds or a request for additional funds after the deadlines established herein, upon a demonstration of good cause for such late submission by the institution.

(iii) Any reallocation received by a participating institution hereunder shall be subject to all the requirements of this Part as if the amount thereof had originally been included with the original allocation to the institution.

(c) Prepayment of funds. As soon after the beginning of the academic year as is practical, the corporation shall make a payment to each participating institution in an amount which is 25 percent of that institution's annual allocation. In the event that an institution is determined to be eligible for an annual amount of funds less than the amount of such prepayment, or is determined by the president to be otherwise not entitled to such funds, then the institution shall be liable for an immediate refund of the amount of the excess prepayment, upon demand by the corporation.

(d) Reporting of award recipients.

(1) Within 52 calendar days from the date fixed by the institution for students to add or drop courses in a term for which awards under this Part are to be made, as reported to the corporation by participating institutions, each institution shall submit to the corporation a report containing the following information:

(i) the name, social security number and date of birth of each award recipient for that term;

(ii) the amount of each individual award; and

(iii) the income of the recipient and the recipient's family income, if used to determine the award.

(2)

(i) At such time as the report is submitted pursuant to paragraph (1) of this subdivision, institutions shall waive tuition for the award recipients, in the amount of the award reported, for the term during which the award is made. In the event a recipient has previously paid full tuition, or a sufficient portion of that tuition such that a waiver of the full amount of the award cannot be made, the institution shall refund to the recipient an amount sufficient to effect such a waiver. Such a refund shall be made within 45 calendar days of the submission of the report made pursuant to paragraph (1) of this subdivision or by the end of the term, whichever occurs first.

(ii) The institution shall notify recipients of the amount of the award, of the waiver of tuition by the institution in that amount, and that the award is counted towards the maximum term of eligibility under the tuition assistance program. In the event a recipient is determined to be ineligible for an award after such notification is given, the institution shall advise the recipient in writing thereof, and that its selection of such recipient and its waiver of tuition is a nullity. If the determination of ineligibility is made prior to the date the institution submits its report of recipients to the corporation, a replacement recipient may be selected, notified and reported.

(3) Upon receipt of the report of award recipients, the corporation shall review its records and determine whether any such recipients are ineligible for an award under this Part due to the durational requirements found in section 2207.1(h) of this Part. In the event that any reported recipients are so deemed ineligible by the corporation, the corporation shall provide the names of such recipients to the institution.

(4) Prior to the end of the refund period established at each institution for each term, the institution may determine whether a change in a recipient's enrollment status makes that recipient ineligible for an award under this Part. In the event that the corporation determines that any reported recipients at an institution are ineligible pursuant to paragraph (3) of this subdivision, or the institution determines that a change in enrollment status has made a reported recipient ineligible pursuant to this paragraph, the institution affected shall prepare a list of alternate recipients and submit this list to the corporation, together with all information required pursuant to paragraph (1) of this subdivision, within such time as prescribed by the president. This list shall contain only replacements for original recipients, and in no event shall the submission of this list increase the number of awards made by an institution for the term involved. Notwithstanding the provisions of paragraph (2) of this subdivision, an institution may proceed to collect any tuition waived for recipients determined to be ineligible pursuant to this paragraph. Upon submission of the list of alternate recipients, the institution shall waive tuition in the amount of the awards for such alternate recipients in the same manner as for original recipients. In the event the corporation determines that any of the alternate recipients submitted are ineligible due to the durational requirements found in section 2207.1(h) of this Part, the corporation shall report the names of such ineligible alternate recipients to the institution. Notwithstanding the provisions of this paragraph, an institution may proceed to collect any tuition waived for alternate recipients so determined to be ineligible. No further recipients shall be selected to replace those alternate recipients found ineligible pursuant to this paragraph.

(5) Within 45 days of the conclusion of each term for which the awards are made pursuant to this section, each participating institution shall certify to the corporation whether or not each student reported received a cumulative passing average for the semester hours or equivalent undertaken pursuant to such award. Cumulative passing average, for purposes of this paragraph, shall be determined by the commissioner. The corporation shall reimburse the participating institution for each award made by such institution on behalf of an eligible student; provided, however, that if, during any term or semester, the value of the awards conferred by the institution to students who fail to maintain a cumulative passing average exceeds 10 percent of the total value of all the awards conferred by the institution, the institution shall not be reimbursed for the value of those awards made to students who fail to maintain a cumulative passing average which is in excess of 10 percent of the total value of all the awards conferred by the institution during that term or semester.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2207.3