New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XX - Higher Education Services Corporation
Subchapter C - General Awards, Academic Performance Awards, Fellowships and Other Awards
Part 2201 - General Eligibility Criteria
Section 2201.23 - New York State Child Welfare Worker Incentive Scholarship Program
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2201.23
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. For purposes of this section and Education Law, section 679-h, the following definitions shall apply:
(1) "Approved
program of study" shall mean those child welfare- related undergraduate and
graduate degree programs designated by the corporation on an annual basis and
published on the corporation's website conducted by an institution situated in
the State, which has been approved and operating in this State for at least one
year, and has been approved for participation in federal student financial aid
programs authorized by Title IV of the Higher Education Act of 1965, as
amended.
(2) "Award" shall mean a
New York State Child Welfare Worker Incentive Scholarship Program award
pursuant to section 679-h of the New York State Education Law.
(3) "Child welfare worker" shall mean an
individual who provides direct-care services to children and families at a
voluntary not-for-profit child welfare agency in New York State licensed by the
New York State Office of Children and Family Services.
(4) "Corporation" shall mean the New York
State Higher Education Services Corporation.
(5) "Direct care services" shall mean the
provision of programs and services to children and families that require some
degree of interaction between the child/family and the child welfare worker.
Such direct care services include, but are not limited to, assessments, home
visits, or direct implementation care plans.
(6) "Full time basis" as required by
Education Law, sections 679-h(2)(c) and 679-h(3)(a) shall mean employment as a
child welfare worker, as defined in this section, for an average of 35 hours
per week, or more, continuously over a calendar year, except for an allowable
interruption of employment upon completion of an award recipient's degree
program.
(7) "Interruption of
employment" shall mean an allowable temporary leave for a definitive length of
time due to circumstances approved by the corporation, including, but not
limited to, parental leave, medical leave, death of a family member, or
military duty that exceeds forty-two calendar days, excluding legal holidays,
regardless of whether such absence or leave is paid or unpaid.
(8) "Interruption of study" shall mean an
allowable temporary leave for a definitive length of time due to circumstances
approved by the corporation, including, but not limited to parental leave,
medical leave, death of a family member, or military duty.
(9) "Non-direct care services" shall mean the
provision of administrative and operational services in the child welfare
sector.
(10) "Program" shall mean
the New York State Child Welfare Worker Incentive Scholarship Program.
(11) "Qualified experience" as
required by Education Law, section 679-h (2)(a) shall mean the provision of
direct-care services or non-direct care services as defined in this section.
Such qualified experience may be obtained through employment, training, or
education.
(b) Eligibility. Applicants and recipients must:
(1) satisfy the requirements provided in
section
679-h
(2) of the Education Law;
(2) satisfy the requirements provided in
section
661
(4)(f) of the Education Law;
(3) be matriculated in an undergraduate or
graduate degree program, on a full-time or part-time basis, at an institution
of higher education located within New York State in an approved program of
study. A recipient is not required to be employed at a voluntary not-for-profit
child welfare agency in New York State licensed by the New York State Office of
Children and Family Services for the duration of his or her enrollment in an
approved program of study.
(4)
maintain good academic standing as set forth in section
665
(6) of the Education Law, except that
recipients enrolled in a graduate program of study must maintain a cumulative
grade point average of 2.0 or higher as of the date of certification by the
institution.
(5) make satisfactory
progress towards completing his or her degree program within a reasonable
timeframe, as determined by the corporation.
(6) be in a non-default status on a student
loan made under any statutory New York State or federal education loan program
or repayment of any award made pursuant to article 14 of the Education Law; and
(7) be in compliance with the
terms of any service condition imposed by an award made pursuant to article 14
of the Education Law.
(c) Priorities. If there are more applicants than available funds, the following provisions shall apply:
(1) First priority shall be given to
applicants who have received payment of an award for the academic year
immediately preceding the academic year for which payment is sought including
those who were subsequently granted an interruption in study by the corporation
for the academic year immediately preceding the academic year for which payment
is sought. If there are more applicants than available funds, recipients shall
be chosen by lottery.
(2) Second
priority shall be given to new applicants, within the remaining funds available
for the program, if any. If there are more applicants than available funds,
recipients shall be chosen by lottery.
(d) Administration.
(1) Applicants for an award shall apply for
program eligibility at such times, on forms and in a manner prescribed by the
corporation. The corporation may require applicants to provide additional
documentation evidencing eligibility. (2) Recipients of an award shall:
(i) execute a service contract prescribed by
the corporation;
(ii) request
payment at such times, on forms and in a manner specified by the corporation;
(iii) receive such awards for no
more than:
(A) two academic years for an
associate's degree;
(B) four
academic years for a bachelor's degree or five academic years if the bachelor's
degree program normally requires five years; or
(C) two academic years for a graduate degree.
Notwithstanding, such duration may be extended for an allow interruption of
study;
(iv) facilitate
the submission of information from their employer attesting to the recipient's
job title, job duties, employment period, full time employment status, and any
other information necessary for the corporation to determine compliance with
the program's employment requirements on forms and in a manner prescribed by
the corporation; and
(v) provide
any other information necessary for the corporation to determine compliance
with the program's requirements.
(e) Amounts.
(1) The amount of the award shall be
determined in accordance with section
679-h
(4) of the Education Law.
(2) Disbursements shall be made each term to
institutions, on behalf of recipients, within a reasonable time upon
certification by the institution of the recipient's eligibility for payment.
(3) Awards shall be reduced by the
value of other educational grants and scholarships, as authorized by section
679-h
(4) of the Education Law.
(f) Failure to comply.
(1) All award monies received shall be
converted to a 10-year student loan plus interest for recipients who fail to
meet the statutory, regulatory, contractual, administrative or other
requirements of this program.
(2)
The interest rate for the life of the loan shall be fixed and equal to that
published annually by the U.S. Department of Education for under- graduate
unsubsidized Stafford loans at the time the recipient signed the service
contract with the corporation.
(3)
Interest shall begin to accrue on the day each award payment was disbursed to
the institution.
(4) Interest
shall be capitalized on the day the award recipient violates any term of the
service contract or the date the corporation deems the recipient was no longer
able or willing to perform the terms of the service contract. Interest on this
capitalized amount shall continue to accrue and be calculated using simple
interest until the amount is paid in full.
(5) Where a recipient has demonstrated
extreme hardship as a result of a disability, labor market conditions, or other
such circumstances, the corporation may, in its discretion, postpone converting
the award to a student loan, temporarily suspend repayment of the amount owed,
prorate the amount owed commensurate with service completed, discharge the
amount owed, or take such other appropriate action.
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