New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter I - Scholarships and Grants
Part 145 - Higher Education Student Financial Aid Program
Subpart 145-2 - Educational Requirements For Awards And Loans
Section 145-2.2 - Academic requirements; program pursuit and academic progress
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 145-2.2
Current through Register Vol. 46, No. 12, March 20, 2024
(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.
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