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

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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