1. New York State Education Department
Laws and Regulations relating to the Tuition Assistance Program
Dr. Chris Fernando Supervisor in Higher Education
Office of K-16 Initiatives and Access Programs

2. Are you confused by the rules, regulations and laws?

3. Higher Education: The Legal Framework
Education Law §216 and 8 NYCRR §3.2 – chartering of colleges and universities
8 NYCRR §13.1 – Commissioner’s power to regulate the registration of academic programs
Education Law §602 and 8 NYCRR Subparts and – Commissioner’s administration of the Tuition Assistance Program (TAP) and other State student aid programs
Education Law §607 and 8 NYCRR Part higher education institutions must include in catalogs information on institutional and financial aid for students

4. Education Law relating to TAP
§661 – citizenship, residency, academic status, restrictions on awards
§662 – revocation of awards
§663 – determinations of income and independence
§664 – concurrent awards, limitations on awards
§665 – award payment, audits and repayment
§665-a – written agreements with HESC
§666 & §667-C – TAP for part-time students
§667 – time limits on TAP payments

5. Education Law Provisions of §661
Application for funds is required annually
Citizenship
Citizen
Permanent resident
Refugee designated by the Attorney General of the U.S.
Matriculated in an approved program in an accredited institution located in the state
Study abroad is acceptable if part of the approved program
Must be in full-time attendance as defined by the Commissioner
Except for students who are disabled as defined by the Americans With Disability Act of 1990, 42 USC 12101

6. Secondary School completion
Certificate of graduation
Recognized equivalent (GED)
Ability to Benefit examination
State resident
Have been a legal resident during his last two semesters of high school either prior to graduation, or prior to admission to college
Have been a legal resident for at least one year immediately preceding the beginning of the semester, quarter or term of attendance
If claimed as a dependent for income tax purposes shall, considered to reside at the residence of such parent, unless the student submits evidence satisfactory to the president that the student's residence is elsewhere
New York state residency eligibility requirement is waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state

7. Restrictions
Must be matriculated in an approved program, as defined by the commissioner pursuant to §601(4)
Cannot be in default on a student loan made under any statutory New York state or federal education loan program
Cannot be incarcerated in any federal, state or other penal institution
The President of HESC shall make TAP award to students not eligible under §667 who are attending a school that:
Exempt under IRS §501(c)(3)
Accredited
Eligible under Title IV HEA
Eligible for Pell under 20 U.S.C. §1070
Provides a program of at least 3 years

8. Education Law Provisions of §665
Awards to each recipient shall be paid in separate installments on a prorated basis, for each semester, quarter, or other term of attendance during the academic year
Each institution of post-secondary education shall certify that each student in attendance at that institution who has applied for an award is eligible for such award in accordance with all criteria established for such award by statute and regulation
Comptroller shall audit institutional adherence to the statutes, rules and regulations

9. Students must repay funds if:
Payment as a result of administrative error
False or erroneous statement on the application
Any other act of omission or commission on the part of the student, spouse, or parents
Institutions must repay funds if:
Inadequate administrative procedures resulted in the incorrect certification of the eligibility
Institution failed to conduct an approved program
Suspension of payments:
Loss of good academic standing
Failure to make satisfactory progress toward the completion of the program's academic requirements

10. Commissioner's Regulations Part 145

11. Commissioner’s Regulations
§ – legal residence
§ – leave of absence
§ – full time study, last semester exception
§ – pursuit of program
§ – approved programs
§ – matriculated status, declaration of a major
§ – attendance
§ – no awards for theological study
§ – awards for 5 year programs, remedial programs
§ – non-instructional external degree
§ – accelerated study
§ – educational and non-educational fees
§ – second baccalaureate programs
§ – duplicate aid
§ category II tuition assistance grant
§ – ability to benefit

12. Proposed TAP Regulations Amendment
September 2017
Meeting of the Board of Regents

13. Tuition Assistance Program (TAP) & Full-Time Study
Currently to be eligible for full-time TAP, a student must enroll in a minimum 12-credits within his or her “program of study.”
This is to ensure that students stay on pace to graduate on time towards an approved NYS program/degree.
“Program of Study” comprises three (3) categories:
General Education Courses
Courses in major
Electives
Some call them the three (3) “buckets” that comprise the “Program of Study.”

14. Why are we looking to amend the Regs?
Students are increasingly entering higher education with greater numbers of college credits (e.g., due in part to programs such as early college high school, Advanced Placement coursework, or other college credit opportunities provided to high school youth).
Therefore, the number of students entering their FINAL YEAR of graduation who have already completed their general education and elective courses or who were seeking multiple majors before graduation seems to be increasing, leaving greater numbers of students ineligible for TAP in their FINAL YEAR.

15. Why are we looking to amend the Regs?
To address this, a previously approved TAP amendment now allows students in their FINAL semester of study to enroll in only one-course in their “Program of Study” (among 12-credits total) to meet full-time TAP eligibility.
This means students who have completed their electives and general education requirements are now eligible to earn full-time TAP in the FINAL term of graduation by enrolling in a single course in their major.
However, during the semester prior to their FINAL term, there are growing numbers of students progressing through their “Program of Study” categories – typically the “elective” and “general education” – leaving those students with nothing to enroll in to be full-time but the major course requirements.

16. Why are we looking to amend the Regs?
For example, currently in the second to last semester of degree completion, a student who has fulfilled general education requirements and electives, would feel compelled to enroll in 12-credits in his or her primary major to satisfy the full-time “program of study” regulations in order to receive full-time TAP for that term.
Enrolling in 12-credits in one’s major, typically in advanced coursework, is generally inadvisable or even prohibited by class sequence issues.

17. Why are we looking to amend the Regs?
This academically compromising and financially burdensome situation can be addressed by the proposed amended regulation.
Moreover, the proposed amendment will allow students in the term before last (during their FINAL YEAR) to pursue multiple majors or coursework that may be helpful for graduate admissions or post-graduation careers, even if their general education and elective program of study categories are fulfilled.

18. Why are we looking to amend the Regs?
As a result, the proposed change provides additional flexibility for students who have difficulty meeting full-time status in their “program of study” during their FINAL YEAR;
The proposed change affords high-achieving, low-income students equal opportunity to pursue multiple majors, study abroad in their final year, enroll in other enriching coursework, or graduate with the peers of their incoming class without having to forfeit their full-time TAP award in their FINAL YEAR, so long as they meet the newly proposed requirements.

19. Section 145-2.1 of the Regulations: Proposed Amendment
The current regulation states that:
A student will be deemed to meet the full-time requirement in their last semester of eligibility in their program of study if the student takes at least one course needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent.
The proposed regulation adds that:
A student shall be deemed to meet the full-time study requirement in the semester prior to their last semester of eligibility in their program of study if the student takes at least six semester hours needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent.

20. Section 145-2.1 of the Regulations
As proposed, students would now only need to enroll in six (6) credits in their “Program of Study” during the semester prior to their last term, and one-course in their “Program of Study” during their final semester -- among their 12 or more credits for the term(s) -- to meet full-time status for the purposes of TAP .
This will add more flexibility for the growing numbers of students who find it challenging to meet the requirements to receive full-time TAP during the last two (2) semesters of their final year because their General Education and Elective coursework have been met, most typically due to credits earned for college during high school (e.g., Early College HS, AP courses, PTECH), or due to transfer credits, or extra credits needed to pursue additional majors.

21. Contact Information
Dr. Christopher Fernando Supervisor of Higher Education
New York State Education Department
Office of Postsecondary Access, Support and Success
89 Washington Avenue Education Building Annex, Room 960 Albany, New York  Telephone: (518)