NY Educ L § 665 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 14 - New York State Higher Education Services Corporation Part 2 - Student Financial Aid Sub Part 1 - General Provisions 665 - Payment.

§ 665. Payment.   1.  Semester  payment.  The  annual  award  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.  For an approved two-year program of study conducted on a clock hour basis at a registered  private  business  school,  the  award shall  be paid in installments by payment term as such period is defined by the rules of the board. The board shall take  into  consideration  in promulgating  such rules an appropriate proration of the regular program of study provided during an academic  year  and  the  periods  at  which student  progress and academic standing are evaluated. In no event shall there be less than two, nor more than four, payment terms in an academic year, including when such year contains a  semester,  quarter  or  other term  of  accelerated study, provided however, that up to thirty percent of payments may be paid in the following academic year but no later than August first.   2. Payment for accelerated study. a. If the student enrolls for a term of study which shall be beyond the regular  program  of  study  for  the academic  year,  an additional award shall be made for each such term of study on the basis of an equivalent full semester, quarter, or  term  of attendance during the regular academic year.   b.  If the student enrolls in a term of accelerated study as described in paragraph a of this subdivision constituting less than the equivalent of a full semester, quarter, or term of attendance, but at least half of the minimum of such a full-time program, as defined by the  commissioner pursuant  to article thirteen, the award for such term of study shall be one-half of the award  that  would  otherwise  have  been  received  for full-time study. The total period of study for which payment may be made shall  not  exceed  the  equivalent of the maximum period authorized for that award. In the case of awards under subdivision four of section  six hundred  sixty-seven, the base award shall be the lesser of (i) one-half of the amount of the award provided for or (ii) the amount  of  tuition, and  the  deduction  shall  be at one-half the rate that would otherwise apply to full-time study.   c. A student shall qualify for accelerated study upon  the  completion of twenty-four credit hours, or its equivalent, from such institution in the preceding two semesters, or the equivalent, prior to the term of the application  provided  however, that the equivalent of three credits per semester may be remedial courses and therefore  such  student  shall  be eligible  for  an  accelerated  award  after  having  earned  a total of eighteen degree credits in the preceding two semesters.   3. Institutional certification, audit and payment procedure.   a. Each institution of post-secondary education shall certify  to  the corporation  that each student in attendance at that institution who has applied for a general award or academic  performance  award  under  this article  is  eligible  for  such  award  in accordance with all criteria established for such award by statute and regulation. Such certification shall be made on forms provided by the president  within  such  time  as required  by  the  president  and  shall  state  that,  as  of  the date established by the institution in accordance with its refund policy  and the regulations of the commissioner, the student (i) has incurred a full tuition  liability  for  that  term  of  attendance,  (ii) was no longer eligible for a refund upon withdrawal from study, (iii) was in full-time attendance and (iv) satisfied all  other  eligibility  requirements  for such  award.  If  any student does not satisfy the necessary eligibility requirements on that  date,  it  shall  be  the  responsibility  of  the institution  to  so  state, to specify whether such student was eligible prior to that date and the amount of tuition liability incurred.    b.  The  comptroller  shall  audit  institutional  adherence  to   the statutes,   rules   and   regulations  governing  general  and  academic performance awards and shall be responsible for determining the  amount, if  any,  owed  to  the  state by an institution which amount represents overpayment  to  the  institution on a student's behalf. The comptroller shall report  cases  of  suspected  willful  and  knowing  institutional violation  of  such  statutes,  rules  or  regulations  to  the district attorney in the county in which such institution is located.   c. (i) Payments under this article shall be made  by  the  comptroller upon  the  certificate  of  the  president  to or for the benefit of the recipient of each award. Such certificate shall be given  upon  vouchers or  other  evidence  provided  by  the student and by the institution of attendance showing that the person named therein is entitled to  receive the  sum  specified, either directly or for his benefit. Payments may be made directly to the  school  attended  by  the  person  named  in  such certificate,  on  behalf  of  and  for  the  benefit of such person. The president may establish such methods of payment,  including  prepayment, of  awards to students or to schools on behalf of students as may effect the orderly administration of the program as he  may  deem  appropriate. Selection  of  the  method  of  payment  shall  be  at the option of the institution,  provided,  however,   that   the   president   may   limit participation   in  such  alternative  methods  of  payment  to  schools fulfilling  criteria  established  by  the  president  to   assure   the appropriate receipt and handling of funds.  (ii)  Notwithstanding  any  other  provision of law, and in accordance with rules adopted by the board for these purposes,  the  president  may suspend,  limit  or  terminate  an  institution's  participation  in the general,  academic  and  other  award  programs  administered   by   the corporation  in  the  event  it  shall  be  determined  after  a hearing conducted in accordance with the state administrative procedure act that the institution has violated any statute, rule or regulation  applicable to  such award programs. If the president shall determine that immediate action is  necessary  in  order  to  prevent  an  unreasonable  risk  of substantial loss of funds administered by the corporation, the president may,  in  accordance with rules and regulations adopted by the board for this purpose, withhold payments  and  prepayments  of  awards  upon  the initiation  of  the suspension, limitation and termination proceeding as an emergency measure. Upon receipt of  a  report  or  other  information indicating  a  violation by an institution of any law or rule applicable to the award programs affecting the eligibility of a substantial  number of   students   attending  the  institution  and  receiving  awards,  or indicating the institution  may  terminate  its  program  prior  to  the completion of the term or semester or may fail to repay refunds due, the president,  in  accordance  with  rules  adopted  by  the board for this purpose, may  make  payments  and  prepayments  to  the  institution  in installments,  in trust, or under such other terms and conditions as the president may deem necessary to assure such payments shall  be  expended consistent  with  statutory  and  regulatory  requirements  or  shall be available for application to the payment of refunds due.  (iii) During the initial year a school shall offer approved  programs, the  president  may  make  payments  and  prepayments  to  the school in installments, in trust, or under such other terms and conditions as  the president  may  deem necessary to assure such payments shall be expended consistent with  statutory  and  regulatory  requirements  or  shall  be available for application to the payment of refunds due.   d.  A registered business school shall submit to the president at such time as the rules of the board may provide a statement of such  school's financial  operations  and  condition as of the end of the school's most  recent fiscal period  prepared  by  an  independent  public  auditor  in conformity  with  generally  accepted  auditing standards. Submission of such a statement may be made a condition of further participation in the awards program.   4.  a.  Student  refunds. If a student receives payment as a result of administrative error by the institution or the corporation or a false or erroneous statement on his application or financial form, or  any  other act of omission or commission on the part of the student, his spouse, or his   parents,  such  that  the  recipient  would  otherwise  have  been considered by the president ineligible  to  receive  such  payment,  the recipient shall be required to refund the improper payment to the state.   b.  Institutional refunds. The president shall require institutions to refund payment to the state, and the student shall not  be  required  to refund  such  payments,  when  (i)  the  president  has  determined that inadequate administrative procedures or  practices  of  the  institution resulted  in the incorrect certification of the eligibility of a program or student, or (ii) the commissioner has determined that the institution failed to conduct an approved program in accordance with the regulations of the commissioner in effect when such program was conducted.   c. The president shall be  empowered  to:  (i)  require  such  payment immediately,  (ii)  accept  a repayment schedule or installment payments over a reasonable period of time, (iii) reduce any future award received by such student by the amount of the refund  due,  or  (iv)  reduce  any future  payments  receivable  by  the institution on behalf of currently eligible students by the amount of refund due with a  direction  to  the institution  to  consider  each  eligible student's account to have been credited with the amount of his  award  eligibility  for  that  term  of attendance. The board of trustees shall promulgate regulations governing procedures for the assertion, appeal and recovery of a refund claimed by the corporation against a student or an institution.   d.  If  the  recipient or the institution, as the case may be, without reasonable cause, fails to promptly comply with the  president's  demand for  such  refund, the attorney general of the state shall, upon request of the president, bring suit to obtain such refund.   5. Payment for prior study. If the recipient of an award under section six hundred five of this chapter, except subdivision four  thereof,  has enrolled  in  an  approved program during the academic year prior to the normal  effective  date  of  such  aid,  his  scholarship  shall  become effective  at  the time he began his regular college course and he shall be entitled to receive payment of awards under such scholarship for such prior study.   6. Loss of good academic standing. a. If the  recipient  of  an  award fails  to maintain good academic standing as defined by the commissioner pursuant to article thirteen of this  chapter,  which  definition  shall include  direction  to institutions to establish standards of reasonable progress toward  completion  of  the  program  in  which  a  student  is enrolled,  the  president shall suspend further payments under the award until and unless the student shall establish, to the satisfaction of the commissioner, promise of successful completion of the program for  which the  award  is  made,  and  the  president  may  revoke the award if the recipient  is  not  reinstated  in  good  academic  standing  within   a reasonable time to be set by the commissioner.   b.  Students  who  receive their first state award during the nineteen hundred eighty-one--nineteen hundred eighty-two  academic  year  through and  including  the  two  thousand five--two thousand six academic year, shall maintain good academic standing as defined  by  the  commissioner, except  that  such  standard  shall  not apply to students receiving aid under section six hundred sixty-seven-a of this part.    c. Students who  receive  their  first  state  award  during  the  two thousand six--two thousand seven academic year and thereafter shall make satisfactory  progress  toward  the completion of the program's academic requirements as  provided  in  this  paragraph.  For  purposes  of  this subdivision,  "reasonable  progress  toward  completion  of the program" shall mean  a  student  must  complete,  at  a  minimum,  the  following requirements  at  the time of certification; provided that nothing shall prevent  a  college  from  developing  stricter  standards  to   measure reasonable progress:  (i)  For  students  first  receiving  aid  in  two thousand seven--two thousand eight, through and including two  thousand  nine--two  thousand ten, and for students enrolled in a program of remedial study as defined in  paragraph  d  of  this  subdivision  who  first  received aid in two thousand seven--two thousand eight,  and  thereafter,  and  enrolled  in four-year  or five-year undergraduate programs whose terms are organized in semesters:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th   Certified   for This   Payment    A Student Must 0    3    9    21   33   45   60   75   90   105   Have Accrued at   Least This   Many Credits    With At Least  0    1.1  1.2  1.3  2.0  2.0  2.0  2.0  2.0  2.0   This Grade   Point Average  (ii) For students first  receiving  aid  in  two  thousand  seven--two thousand  eight,  through  and including two thousand nine--two thousand ten, and for students enrolled in a program of remedial study as defined in paragraph d of  this  subdivision  who  first  received  aid  in  two thousand  seven--two  thousand  eight,  and  thereafter, and enrolled in two-year undergraduate programs whose terms are organized in semesters:    Before Being   1    2    3    4    5    6   Certified   for This   Payment    A Student      0    3    9    18   30   45   Must Have   Accrued at   Least This   Many Credits    With at Least  0    .5   .75  1.3  2.0  2.0   This Grade   Point Average  (iii) For students first receiving  aid  in  two  thousand  seven--two thousand  eight,  through  and including two thousand nine--two thousand ten, and for students enrolled in a program of remedial study as defined in paragraph d of  this  subdivision  who  first  received  aid  in  two thousand  seven--two  thousand  eight,  and  thereafter, and enrolled in  four-year or five-year undergraduate programs whose terms are  organized on a trimester basis:    Before Being   1    2    3    4    5    6    7    8   Certified   for This   Payment    A Student      0    2    4    9    17   25   33   40   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.1  1.1  1.2  1.2  1.3  2.0  2.0   This Grade   Point Average  and,    Before Being   9    10   11   12   13   14   15   Certified   for This   Payment    A Student      50   60   70   80   90   100  110   Must Have   Accrued at   Least This   Many Credits    With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0   This Grade   Point Average  (iv)  For  students  first  receiving  aid  in two thousand seven--two thousand eight, through and including two  thousand  nine--two  thousand ten, and for students enrolled in a program of remedial study as defined in  paragraph  d  of  this  subdivision  who  first  received aid in two thousand seven--two thousand eight,  and  thereafter,  and  enrolled  in two-year undergraduate programs whose terms are organized on a trimester basis:    Before Being   1    2    3    4    5     6    7    8    9   Certified   for This   Payment    A Student      0    2    4    9    15    21   30   37   45   Must Have   Accrued at   Least This   Many Credits    With At Least  0    .5   .5   .75  .75   1.3  2.0  2.0  2.0   This Grade   Point Average  (v) For students first receiving aid in two thousand ten--two thousand eleven  and  thereafter,  who  do  not  meet the definition of a student enrolled in a program of remedial study as defined  in  paragraph  d  of this   subdivision,  and  are  enrolled  in  a  four-year  or  five-year undergraduate program whose terms are organized in semesters:    Before Being   1st  2nd  3rd  4th  5th   6th  7th  8th  9th 10th   Certified   for This   Payment    A Student      0    6    15   27   39    51   66   81   96  111   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0   This Grade   Point Average  (vi)  For  students  first  receiving  aid  in  two  thousand ten--two thousand eleven and thereafter, who do not  meet  the  definition  of  a student  enrolled in a program of remedial study as defined in paragraph d of this subdivision, and are  enrolled  in  a  two-year  undergraduate program whose terms are organized in semesters:    Before Being   1st  2nd  3rd  4th  5th  6th   Certified   for This   Payment    A Student      0    6    15   27   39   51   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.3  1.5  1.8  2.0  2.0   This Grade   Point Average  (vii)  For  students  first  receiving  aid  in  two thousand ten--two thousand eleven and thereafter, who do not  meet  the  definition  of  a student  enrolled in a program of remedial study as defined in paragraph d of this subdivision, and are enrolled  in  a  four-year  or  five-year undergraduate program whose terms are organized on a trimester basis:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th   Certified   for This   Payment    A Student      0    4    8    14   22   30   38   46   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0   This Grade   Point Average   and,    Before Being   9th  10th 11th 12th 13th 14th 15th   Certified   for This   Payment    A Student       56   66   76   86   96  106  116   Must Have   Accrued at   Least This   Many Credits    With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0   This Grade   Point Average  (viii)  For  students  first  receiving  aid  in two thousand ten--two thousand eleven and thereafter, who do not  meet  the  definition  of  a student  enrolled in a program of remedial study as defined in paragraph d of this subdivision, and are  enrolled  in  a  two-year  undergraduate program whose terms are organized on a trimester basis:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th   Certified   for This   Payment    A Student       0    2    6   14   22   30   38   46   54   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0  2.0   This Grade   Point Average    d. For purposes of paragraph c of this subdivision, a student enrolled in a program of remedial study shall mean a student: (a) whose scores on a   recognized   college   placement   exam   or  nationally  recognized standardized exam indicated the need for remediation for  at  least  two semesters, as certified by the appropriate college official and approved by  the  commissioner;  or (b) who was enrolled in at least six semester hours of non-credit remedial courses, as approved by  the  commissioner, in the first term they received a tuition assistance program award in an approved  program; or (c) who is or was enrolled in the higher education opportunity program (HEOP), the educational opportunity  program  (EOP), the search for education, elevation and knowledge (SEEK) program, or the college discovery (CD) program.   e.  Notwithstanding the provisions of paragraph c of this subdivision, for  students  who  are  disabled  as  defined  by  the  Americans  with Disabilities  Act  of  1990,  42  USC 12101, and who receive their first state award during the two thousand ten--two  thousand  eleven  academic year  and  thereafter shall make satisfactory progress toward completion  of the program's academic requirements as provided  in  this  paragraph. For  purposes  of  this  subdivision,  "reasonable  progress  toward the completion of the program" shall mean a  student  must  complete,  at  a minimum,  the  following  requirements  at  the  time  of certification; provided that nothing shall prevent a college from  developing  stricter standards to measure reasonable progress:  (i)  For  students  who  are disabled as defined by the Americans with Disabilities Act of 1990, 42 USC  12101,  first  receiving  aid  in  two thousand  ten--two  thousand  eleven  and  thereafter,  and  enrolled in four-year or five-year undergraduate programs whose terms are  organized in semesters:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th   Certified   for This   Payment    A Student Must 0    3    9    21   33   45   60   75   90   105   Have Accrued   at Least This   Many Credits    With At Least  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0   This Grade   Point Average  (ii)  For  students  who are disabled as defined by the Americans with Disabilities Act of 1990, 42 USC  12101,  first  receiving  aid  in  two thousand  ten--two  thousand  eleven  and  thereafter,  and  enrolled in two-year undergraduate programs whose terms are organized in semesters:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th   Certified   for This   Payment    A Student      0    3    9    18   30   42   51   60   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.3  1.5  1.8  2.0  2.0  2.0  2.0   This Grade   Point Average  (iii) For students who are disabled as defined by the  Americans  with Disabilities  Act  of  1990,  42  USC  12101, first receiving aid in two thousand ten--two  thousand  eleven  and  thereafter,  and  enrolled  in four-year  or five-year undergraduate programs whose terms are organized on a trimester basis:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th   Certified   for This   Payment    A Student      0    2    4    9    17   25   33   40    Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0   This Grade   Point Average  and,    Before Being   9th  10th 11th 12th 13th 14th 15th   Certified   for This   Payment    A Student      50   60   70   80   90   100  110   Must Have   Accrued at   Least This   Many Credits    With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0   This Grade   Point Average  (iv)  For  students  who are disabled as defined by the Americans with Disabilities Act of 1990, 42 USC  12101,  first  receiving  aid  in  two thousand  ten--two  thousand  eleven  and  thereafter,  and  enrolled in two-year undergraduate programs whose terms are organized on a trimester basis:    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th   Certified   for This   Payment    A Student      0    2    4    9    15   21   30   37   Must Have   Accrued at   Least This   Many Credits    With At Least  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0   This Grade   Point Average  and,    Before Being   9th  10th 11th 12th   Certified   for This   Payment    A Student      45   50   55   60   Must Have   Accrued at   Least This    Many Credits    With At Least  2.0  2.0  2.0  2.0   This Grade   Point Average  (v)  Notwithstanding  any  other provision of law or regulation to the contrary,  upon  each  certification,  payment  eligibility   shall   be determined  and  measured  proportionally  in equivalence with full time study for students who are disabled as defined  by  the  Americans  with Disabilities Act of 1990, 42 USC 12101.   7.  Availability  of  academic  performance awards. Except as provided herein, payment of academic awards may be made for  a  period  of  seven years  beginning  with  the  academic  year  in  which  payment is first available. In the event that a person  entitled  to  such  an  award  is engaged  in  active  service in the armed forces of the United States or active service in the national welfare in a program such  as  the  peace corps, an extension of the seven year period equivalent to the period of such active service but not in excess of three years may be granted upon application  to  the  corporation.  A  recipient  who  is ineligible for payment of an award in the first academic year  of  eligibility  due  to attendance  in an ineligible out of state school shall not be thereafter eligible for any other payments of such award. Recipients  of  an  award which may be reawarded who are temporarily unable to avail themselves of the  benefits  of the award due to illness or other cause established by the board of regents prior to  receipt  and  utilization  of  the  first payment  of  such  award,  may  apply  for  a temporary leave of absence pursuant to the regulations of the corporation. The provisions  of  this subdivision  shall not be considered to increase or in any way alter the number, amount or methods of payments made under an academic performance award.