New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program
Subchapter B - Tuition Assistance Program Awards For Additional Participants
Part 2407 - Student Eligibility Criteria
Section 2407.1 - Student eligibility criteria
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2407.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Specific criteria. Subject to paragraph b-1 of subdivision 4 of section 661 of the Education Law, a recipient shall:
(1) meet
the residency requirements pursuant to subdivision 5 of section
661 of the
Education Law and further defined in subdivision (b) of this section;
(2) satisfy the income requirement pursuant
to section
663 of the
Education Law;
(3) maintain good
academic standing pursuant to paragraph (c) of subdivision 6 of section
665 of the
Education Law, and if there is no applicable existing academic standards
schedule pursuant to such subdivision, then such recipient shall be placed on
the academic standards schedule applicable to students enrolled in a four-year
or five year undergraduate program;
(4) not be in default in the repayment of any
state or Federal student loan, fail to comply with the terms of any service
condition imposed by an academic performance award made pursuant to article 14
of the Education Law, or fail to make a required refund of any award, except as
permitted by Part 2406 of this Title;
(5) not be incarcerated in any Federal,
state, or other penal institution;
(6) have a certificate or diploma of
graduation from a school providing secondary education within the United States
satisfactory to the president, or the equivalent of such certificate or diploma
as recognized by the secretary, or have received a passing score on a federally
approved ability-to-benefit test pursuant to section
2408.18 of this Chapter. To be
satisfactory to the President, a certificate of graduation or high school
diploma must be from a secondary school that is recognized, authorized or
approved:
(i) by the state educational entity
having jurisdiction, or
(ii) by an
established national association of nonpublic schools, as approved by the
corporation, which has a school academic review process as part of its
recognition protocol for member schools. Such recognition, authorization or
approval must have been in effect or deemed to have been in effect as of the
date the certificate of graduation or high school diploma was issued. A student
shall not be held liable for any disallowed funds awarded on his or her behalf
as a result of the educational institution's improper certification of the
student's eligibility; and
(7) be a full time undergraduate student
matriculated in an approved program at an educational institution, as these
terms are defined in section
2400.2 of this Title.
(b) General criteria. In addition to the requirements specified in subdivision (a) of this section, a candidate for an award must also satisfy the following general criteria:
(1) Application. To be eligible to receive
payment for an award under this Subchapter, a candidate must file annually with
the corporation a complete formal application for payment, in the form
prescribed by the corporation, no later than the deadline required by the U.S.
Department of Education for the Free Application for Federal Student Aid
(FAFSA), or a subsequent Federal form required for need based student aid.
Responses to supplemental information requests, submission of supplemental
forms whether electronic or otherwise, or requests to amend any information
included on an application or for an adjustment to any award must be received
by the corporation no later than 45 days from the date of the award
notification, request for additional information or the application deadline,
whichever is later. Applications received after the Federal deadline shall not
be processed by the corporation. No initial award or award adjustment shall be
made to candidates who fail to respond to a corporation request for information
necessary to make a determination of award eligibility or award amount by the
applicable deadline. The date of issuance of any document from the corporation
and the receipt of any document returned to the corporation by the candidate
shall be determinative. Such request shall be made upon forms prescribed by the
corporation and shall contain all information deemed necessary to make the
amendment or adjustment. Any TAP Certifying Officer may submit corrections to
the reported educational institution of attendance for a term up to the
corporation's annually announced close-out date for payment reconciliation. All
information contained with the applications filed with the corporation shall be
deemed confidential, except that the corporation shall be entitled to release
information to participating institutions as necessary for the administration
of financial aid programs and to the extent required pursuant to article 6 of
the public officers law or otherwise required by law.
(2) Residency. Applicants who are legal
residents of the state. A legal resident of the state means an individual whose
place of domicile is New York state and is either (i) a United States citizen,
(ii) a permanent lawful resident, or (iii) an individual of a class of refugees
paroled by the attorney general under his or her parole authority pertaining to
the admission of aliens to the United States.
(3) Matriculation. Candidates for awards
under this Subchapter must be in matriculated status, as defined by section
2408.14 of this Title, at their
institution.
(4) Approved programs
for receipt of awards. Candidates for awards under this Subchapter must be
enrolled in programs approved by, or on behalf of, the corporation.
(5) Full-time. In order to be eligible for an
award under this Subchapter, recipients must be in full-time attendance as
defined in sections
2400.2 and
2408.6 of this Title.
(6) Good academic standing. Failure to
maintain good academic standing, as defined by in section
2408.7 of this Title, shall be
grounds for the suspension of a student's eligibility to receive payments for
an award, until such student is reinstated in good academic standing in
accordance with standards established pursuant to section
2408.7 of this Title.
(7) Special programs. Study Abroad. Students
receiving instruction from an institution located outside of New York State
shall be eligible for an award provided they satisfy the requirements of
section 2408.15 of this Title.
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