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. 12, March 20, 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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