New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-1 - Nonpublic Institutions › Section 27-1.1 - Student eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible for benefits pursuant to the provisions of
					 section 6451  of the Education Law, a student must
					 be both educationally and economically disadvantaged according to the following
					 criteria:
(a) Educationally
				  disadvantaged. Each institution shall establish its own criteria for
				  educationally disadvantaged, which shall include, but not be limited to, the
				  following factors: predicting a student's probability of academic success, and
				  nonadmissibility, by the college's normal admissions standards, to the college
				  at the matriculated status in a degree program. Consideration for admission
				  into this program shall be given to the most educationally disadvantaged
				  students based on each institution's established criteria. Recipients of
				  Regents scholarships for academic excellence are not eligible. Students who
				  previously attended another institution at which they were enrolled in an
				  opportunity program pursuant to Education Law sections
				  6451 and
				  6452 may be eligible for the benefits of
				  the HEOP program at the latter institution.
(b) Economically disadvantaged.
(1) A student is economically disadvantaged
				  if he or she is a member of a household where the total annual income of such
				  household is equal to or less than 185 percent of the amount under the annual
				  United States Department of Health and Human Services poverty guidelines for
				  the applicant's family size for the applicable year. Federal poverty guidelines
				  are published annually by the Department of Health and Human Services in the
				  Federal Register. Moreover, the opportunity programs defined by Education Law
				  sections
				  6451 and
				  6452 (HEOP, EOP, SEEK/CD) are expected to
				  give priority to the recruitment and enrollment of applicants whose life
				  patterns are characterized by historical economic and educational disadvantage.
(i) Indicators of historical economic and
				  educational disadvantage may include evidence that the student or the student's
				  family has endured long-term economic deprivation, membership in a group
				  under-represented in higher education, a history of high unemployment rates, a
				  record of poor academic performance, and/or little or no accumulation of
				  assets. Other indicators may include that the applicant or the applicant's
				  family are unable to provide for more than the basic needs of family members
				  and may be dependent on public assistance.
(ii) Loss of employment, or the separation,
				  divorce or death of a wage earner in the calendar year prior to the academic
				  year for which eligibility is being established and a resulting decrease in
				  family income below income guidelines is not, in itself, sufficient to
				  establish historical economic disadvantage. Such cases must be reviewed
				  carefully in order to determine longer term past patterns of economic
				  disadvantage.