§ 145-2.1 Full-time and part-time study and remedial workload.

(4) For purposes of section 661(d)(4) of the Education Law, for a student with a disability, as defined in 42 USC 12102(2) (United States Code, 1994 edition, volume 23; Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; 1995-available at the [office] Office of Higher [and Professional] Education, Education Building Annex, Room 979, Albany, NY 12234), part-time study or attendance shall mean enrollment in credit-bearing courses applicable to the students’ program, for at least three but less than 12 semester hours per semester or the equivalent, or at least two but less than eight semester hours per quarter.

2. Subdivision (e) of section 145-2.1 of the Regulations of the Commissioner of Education is amended to read as follows:

(e) A student will be deemed to meet the full-time [or part-time study] 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 [and completes] at least 12 semester hours or its equivalent. 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.

1. STATUTORY AUTHORITY:

Education Law 101 (not subdivided) charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

Education Law 207(not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law 305 (1) and (2) grants the commissioner with enforcement of all general and special laws relating to the education system of the state and with executing all educational policies determined by the board of regents and provides the Commissioner with the authority to promulgate regulations in certain areas.

Education Law 602 grants the commissioner the authority to define the terms determining a student’s eligibility for student aid and loan programs.

Education Law 661 establishes the eligibility requirements and conditions governing awards and loans.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment to section 145-2.1 of the Regulations of the Commissioner of Education is to provide additional flexibility to students who have difficulty meeting the “full-time” status for purposes of Tuition Assistance Program (TAP) in their program of study during their final year of college. The proposed amendment allows a student to meet the full-time study requirement in their second to last semester of eligibility if the student takes at least 6 semester hours needed to meet their graduation requirements (formerly 12) and the student enrolls in at least 12 semester hours or its equivalent. The proposed amendment also makes a technical amendment to section 145-2.1 of the Commissioner’s Regulations to change an outdated reference to the Officer of Higher and Professional Education to the current name of the Office of Higher Education.

3. NEEDS AND BENEFITS:

Section 661 of the Education Law establishes TAP and charges the Commissioner with the authority to “promulgate regulations to define the following terms by which the president can determine a student’s eligibility for student aid and loan programs: (a) full-time study or attendance; (b) part-time study or attendance; (c) full-time and part-time accelerated study beyond the regular program of study for the academic year; (d) permissible use of general and academic performance awards; (e) matriculation; and (f) loss of good academic standing.” Section 602 of the Education Law requires the Commissioner to “promulgate regulations by which the president shall determine whether a student has entered an approved program during the academic year prior to the normal effective date of the student's award.”

Proposed Amendment:

In March 2017, the Inter-Agency Task Force reviewed the current TAP regulations and recommended an amendment to the term full-time study. The proposed amendment provides additional flexibility to students who have difficulty meeting full-time status in their program of study during their final year, most typically due to some quantity of extraneous credits earned for college during high school, or due to transfer credits, or extra credits received while the student was pursuing additional majors. The proposed amendment allows a student to meet the full-time study requirement in their second to last semester of eligibility if the student takes at least 6 semester hours needed to meet their graduation requirements and the student enrolls in at least 12 semester hours or its equivalent. The proposed amendment also makes a technical amendment to section 145-2.1 of the Commissioner’s Regulations to change an outdated reference to the Officer of Higher and Professional Education to the current name of the Office of Higher Education.

4. COSTS:

a. Costs to State government: The proposed amendment does not impose any costs on State government, including the State Education Department.

b. Costs to local government: The proposed amendment does not impose any costs on local government.

c. Costs to private regulated parties: The proposed amendment does not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The proposed amendment is based on the recommendations from the Inter-Agency Task Force which was asked to review the TAP regulations, and directly addresses a barrier that students enrolled in TAP encounter. No other alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will come before the Board of Regents for permanent adoption at its December 2017 meeting and will become effective as a permanent rule on December 27, 2017.

The purpose of the proposed amendment to section 145-2.1 of the Regulations of the Commissioner of Education is to provide additional flexibility to students who have difficulty meeting “full-time” status for purposes of Tuition Assistance Program (TAP) in their program of study during their final year of college. The proposed amendment allows a student to meet the full-time study requirement in their second to last semester of eligibility if the student takes at least 6 semester hours needed to meet their graduation requirements (formerly 12) and the student enrolls in at least 12 semester hours or its equivalent. The proposed amendment also makes a technical amendment to section 145-2.1 of the Commissioner’s Regulations to change an outdated reference to the Officer of Higher and Professional Education to the current name of the Office of Higher Education. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local government is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment to section 145-2.1 of the Regulations of the Commissioner of Education will provide additional flexibility to students who have difficulty meeting “full-time” status for purposes of Tuition Assistance Program (TAP) in their program of study during their final year of college, including those in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The purpose of the proposed amendment to section 145-2.1 of the Regulations of the Commissioner of Education is to provide additional flexibility to students who have difficulty meeting “full-time” status for purposes of Tuition Assistance Program (TAP) in their program of study during their final year of college. The proposed amendment allows a student to meet the full-time study requirement in their second to last semester of eligibility if the student takes at least 6 semester hours needed to meet their graduation requirements (formerly 12) and the student enrolls in at least 12 semester hours or its equivalent. The proposed amendment also makes a technical amendment to section 145-2.1 of the Commissioner’s Regulations to change an outdated reference to the Officer of Higher and Professional Education to the current name of the Office of Higher Education.

3. COSTS:

The proposed amendment does not impose any costs.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment is based on the recommendations from the Inter-Agency Task Force which was asked to review the TAP regulations, and directly addresses a barrier that students enrolled in TAP encounter. The amendment creates no adverse impact; it aids students who are eligible for TAP but who have difficulty meeting full-time status.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendment to section 145-2.1 of the Regulations of the Commissioner of Education is to provide additional flexibility to students who have difficulty meeting “full-time” status for purposes of Tuition Assistance Program (TAP) in their program of study during their final year of college. The proposed amendment allows a student to meet the full-time study requirement in their second to last semester of eligibility if the student takes at least 6 semester hours needed to meet their graduation requirements (formerly 12) and the student enrolls in at least 12 semester hours or its equivalent. The proposed amendment also makes a technical amendment to section 145-2.1 of the Commissioner’s Regulations to change an outdated reference to the Officer of Higher and Professional Education to the current name of the Office of Higher Education.

It is evident from the nature of the proposed amendment that it will have no impact on the number of jobs or employment opportunities in New York State, and no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.