8 CRR-NY 2201.23NY-CRR
8 CRR-NY 2201.23
8 CRR-NY 2201.23
2201.23 New York State Child Welfare Worker Incentive Scholarship Program.
(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, section 679-h(2)(c) and (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 42 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 undergraduate 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.
8 CRR-NY 2201.23
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.