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 2411 - Payment Of Awards
Section 2411.3 - Methods of payment

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2411.3

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Educational institutions, except during the initial year it offers approved programs, shall select, from the payment methods described below, the method by which the educational institution chooses to receive award payments for the benefit of eligible students during each academic year. During the initial year an educational institution offers approved programs, such school shall not be eligible for the prepayment method of payment.

(b) Prepayment method.

(1) Awards may be prepaid to educational institutions, for the benefit of eligible students who have submitted applications for awards, by means of a single check or electronic funds transfer in an amount representing a percentage of the total amount of awards which would be payable if the educational institution certified to the corporation the eligibility of every student appearing on the roster of applicants provided to the educational institution. Except as provided herein, prepayments shall be made no sooner than 30 days before the start of any term, and shall be made only for rosters or applicants for the summer term issued prior to September 30th, for the fall term issued prior to November 30th, for the winter term issued prior to February 28th and for the spring term issued prior to April 30th of the academic year. Payments relating to rosters issued after these dates shall be made by the lump sum payment method. The percentage to be utilized by the corporation for each institution for each term of the academic year shall be determined by the president and, except as provided in subdivision (d) of this section, shall be the percentage as determined by the following calculation:
(i) certified value of educational institution's rosters for the corresponding term of the prior academic year which have been submitted to the corporation by a date to be established by the president, divided by:

(ii) value of all rosters for the corresponding term of the prior academic year submitted to the educational institution for certification at least 60 days prior to the date to be established by the president in accordance with subparagraph (i) of this paragraph.

(2) The prepayment to be made based upon the resultant percentage shall be determined by reference to the table below:

When historical certification rate is

TAP prepayment percentage is

Greater than or equal to

but less than
93% 100% 90%
88% 93% 85%
83% 88% 80%
78% 83% 75%
73% 78% 70%
68% 73% 65%
63% 68% 60%
58% 63% 55%
53% 58% 50%
48% 53% 45%
43% 48% 40%
38% 43% 35%
33% 38% 30%
28% 33% 25%
23% 28% 20%
18% 23% 15%
13% 18% 10%
0% 13% 0%

(3) In the event that a new program is created in an existing educational institution and a separate payment plan is to be used for that new program, the prepayment percentage shall be the same percentage utilized for the existing educational institution or 75 percent whichever is lower. Should the existing educational institution include more than one program with different prepayment percentages, the prepayment for the new program shall be the percentage for that program within the educational institution most closely associated with the new program or 75 percent, whichever is lower.

(4) The term prepayment percentages for each educational institution shall be recalculated for each new academic year or when deemed necessary by the president pursuant to the provisions of this subdivision. After the educational institution's certification of eligibility, additional payments, if any, shall be made to the educational institution, for the benefit of eligible students, or refunds of overpaid amounts shall be made by the educational institution to the corporation.

(c) Lump sum payment method.

Awards may be paid to educational institutions, for the benefit of eligible students, by means of a single check or electronic funds transfer in an amount representing the value of awards to students whose eligibility has been certified to the corporation by the educational institution. A single check will be issued, payable to the educational institution, after the corporation has received and reviewed the roster of applicants whose eligibility has been certified by the educational institution for a term.

(d) Disqualification from prepayment.

The president, for good cause, may disqualify an educational institution from participating in the prepayment method set forth in subdivision (b) of this section or where the educational institution has a history of delinquency in refunding excess prepayments, reduce an educational institution's prepayment percentage to a rate lower than that determined by the method set forth in that subdivision. Good cause shall include revision of the educational institution's academic calendar or revision of the educational institution's programs of study where such revision has an effect upon the calculation of the prepayment percentage, a finding of insufficient administrative practices at the educational institution, the assertion of a claim of refund from the educational institution pursuant to Part 2405 of this Title, or other good cause established to the satisfaction of the president. A disqualified educational institution shall be afforded an opportunity for a hearing within 30 days after such disqualification provided that a written request therefore is served on the corporation within 10 days of notice of such disqualification.

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