(d) For the purposes of subdivisions (a) and (b) of this section, eligible attendance shall be full-time matriculated attendance in a program of post-secondary study which is approved for receipt of Federal student loans or Federal basic educational opportunity grant program awards, except for institutions, such as military academies, where no student charges for tuition, or room and board are made. Full-time matriculated attendance in an aforementioned program of post-secondary study shall constitute an approved program for purposes of subdivision 5 of section 663 of the Education Law and the calculation of awards.

1. Statutory authority:

The New York State Higher Education Services Corporation’s (“HESC”) statutory authority to make Tuition Assistance Program (“TAP”) awards is codified within section 667 of the Education Law. Pursuant to Education Law § 652(2), HESC was established for the purpose of improving the post-secondary educational opportunities of eligible students through the centralized administration of New York State financial aid programs and coordinating the State’s administrative effort in student financial aid programs with those of other levels of government. In addition, Education Law § 653(9) empowers HESC’s Board of Trustees to perform such other acts as may be necessary or appropriate to carry out the objects and purposes of the Corporation including the promulgation of rules and regulations. HESC’s President is authorized, under Education Law § 655(4), to propose rules and regulations, subject to approval by the Board of Trustees, governing, among other things, the application for and the granting and administration of student aid and loan programs, the repayment of loans or the guarantee of loans made by the Corporation; and administrative functions in support of state student aid programs. Also, consistent with Education Law § 655(9), HESC’s President is authorized to receive assistance from any Division, Department or Agency of the State in order to properly carry out his powers, duties and functions. Finally, Education Law § 655(12) provides HESC’s President with the authority to perform such other acts as may be necessary or appropriate to carry out effectively the general objects and purposes of HESC.

2. Legislative objectives:

For the purpose of calculating a TAP award, Education Law § 663(5) provides for an adjustment to be made to an applicant’s income if other family members will be in full-time attendance in an approved program during the academic year in which the applicant will receive an award thereby potentially resulting in a higher TAP award.

3. Needs and benefits:

Education Law § 663(5) provides for adjustments to be made to a TAP applicant’s income if other family members will be in full-time attendance in an approved program during the academic year in which the applicant will receive an award. The term “approved program” is defined in section 601(4) of the Education Law for the purpose of determining an applicant’s eligibility for awards in articles 13 and 14, subject to modification by specific sections of such articles, as programs of study approved by the Commissioner of Education. The provisions of section 2202.3 of Title 8 of the New York Codes, Rules and Regulations (NYCRR) establish the criteria to be used for making adjustments to an applicant’s income. Subdivision (d) specifies that eligible attendance shall be full-time attendance in a program of post-secondary study which is approved for receipt of Federal student loans, which includes institutions outside of New York State as well as within the State. This rule clarifies that full-time matriculated attendance in such programs constitutes an “approved program” for the purpose of determining an applicant’s income used in calculating the amount of the applicant’s TAP award. This rule is necessary since the term has an alternate meaning for purposes of determining an applicant’s eligibility for an award.

4. Costs:

There is no cost to TAP applicants, HESC, other State agencies, local governments, or the State in connection with this rule.

5. Paperwork:

This rule will not result in any additional paperwork on TAP applicants or HESC.

6. Local government mandates:

No program, service, duty, or responsibility will be imposed by this rule upon any county, city, town, village, school district, fire district or other special district.

7. Duplication:

No relevant rules or other legal requirements duplicating, overlapping, or conflicting with this rule were identified.

8. Alternatives:

This rule clarifies the term “approved program” for the purpose determining an applicant’s income used in calculating the amount of the applicant’s TAP award. Since the term has an alternate meaning for purposes of determining an applicant’s eligibility for an award, the ‘no action’ alternative was not an option for consideration.

9. Federal standards:

This proposal does not exceed any minimum standards of the Federal government.

10. Compliance schedule:

The provisions of this regulation will take effect permanently upon adoption in the State Register. HESC and TAP applicants will be able to comply with this rule immediately upon its adoption.

This statement is being submitted pursuant to subdivision (3) of section 202-b of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (“HESC”) Notice of Proposed Rulemaking seeking to amend section 2202.3(d) to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

It is apparent from the nature and purpose of this rule that it will not impose an adverse economic impact on small businesses or local governments. HESC finds that this rule will not impose any compliance requirement or adverse economic impact on small businesses or local governments. Rather, it has potential positive impacts inasmuch as the clarification of the statutory provision regarding adjustments to income in the calculation of Tuition Assistance Program (“TAP”) awards ensures students are aware that such consideration is used in determining the amount of their financial assistance in order to encourage and enable them to attend college in New York State, which will provide an economic benefit to the State’s small businesses and local governments as well.

This statement is being submitted pursuant to subdivision (4) of section 202-bb of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (“HESC”) Notice of Proposed Rulemaking seeking to amend section 2202.3(d) to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

It is apparent from the nature and purpose of this rule that it will not impose an adverse impact on rural areas. Rather, it has potential positive impacts inasmuch as the clarification of the statutory provision regarding adjustments to income in the calculation of Tuition Assistance Program (“TAP”) awards ensures students are aware that such consideration is used in determining the amount of their financial assistance in order to encourage and enable them to attend college in New York State, which benefits rural areas around the State as well.

This agency finds that this rule will not impose any reporting, record keeping or other compliance requirements on public or private entities in rural areas.

This statement is being submitted pursuant to subdivision (2) of section 201-a of the State Administrative Procedure Act and in support of the New York State Higher Education Services Corporation’s (“HESC”) Notice of Proposed Rulemaking seeking to amend section 2202.3(d) to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

It is apparent from the nature and purpose of this rule that it will not have any negative impact on jobs or employment opportunities. Rather, it has potential positive impacts inasmuch as the clarification of the statutory provision regarding adjustments to income in the calculation of Tuition Assistance Program (“TAP”) awards ensures students are aware that such consideration is used in determining the amount of their financial assistance in order to encourage and enable them to attend college in New York State, which benefits the State.

HESC has determined that this rule will have no adverse impact on any private or public sector jobs or employment opportunities and therefore a full Job Impact Statement is not necessary.