§ 665 — Payment

New York § 665

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 2: Student Financial Aid
• Subpart 1: General Provisions
• Art. 14: New York State Higher Education Services Corporation

Text

§ 665. Payment. 1. Semester payment. The annual award to each\nrecipient shall be paid in separate installments on a prorated basis,\nfor each semester, quarter, or other term of attendance during the\nacademic year. For an approved two-year program of study conducted on a\nclock hour basis at a registered private business school, the award\nshall be paid in installments by payment term as such period is defined\nby the rules of the board. The board shall take into consideration in\npromulgating such rules an appropriate proration of the regular program\nof study provided during an academic year and the periods at which\nstudent progress and academic standing are evaluated. In no event shall\nthere be less than two, nor more than four, payment terms in an academic\nyear, including when such year contains a semester, quarter or other\nterm of accelerated study, provided however, that up to thirty percent\nof payments may be paid in the following academic year but no later than\nAugust first.\n 2. Payment for accelerated study. a. If the student enrolls for a term\nof study which shall be beyond the regular program of study for the\nacademic year, an additional award shall be made for each such term of\nstudy on the basis of an equivalent full semester, quarter, or term of\nattendance during the regular academic year.\n b. If the student enrolls in a term of accelerated study as described\nin paragraph a of this subdivision constituting less than the equivalent\nof a full semester, quarter, or term of attendance, but at least half of\nthe minimum of such a full-time program, as defined by the commissioner\npursuant to article thirteen, the award for such term of study shall be\none-half of the award that would otherwise have been received for\nfull-time study. The total period of study for which payment may be made\nshall not exceed the equivalent of the maximum period authorized for\nthat award. In the case of awards under subdivision four of section six\nhundred sixty-seven, the base award shall be the lesser of (i) one-half\nof the amount of the award provided for or (ii) the amount of tuition,\nand the deduction shall be at one-half the rate that would otherwise\napply to full-time study.\n c. A student shall qualify for accelerated study upon the completion\nof twenty-four credit hours, or its equivalent, from such institution in\nthe preceding two semesters, or the equivalent, prior to the term of the\napplication provided however, that the equivalent of three credits per\nsemester may be remedial courses and therefore such student shall be\neligible for an accelerated award after having earned a total of\neighteen degree credits in the preceding two semesters.\n 3. Institutional certification, audit and payment procedure.\n a. Each institution of post-secondary education shall certify to the\ncorporation that each student in attendance at that institution who has\napplied for a general award or academic performance award under this\narticle is eligible for such award in accordance with all criteria\nestablished for such award by statute and regulation. Such certification\nshall be made on forms provided by the president within such time as\nrequired by the president and shall state that, as of the date\nestablished by the institution in accordance with its refund policy and\nthe regulations of the commissioner, the student (i) has incurred a full\ntuition liability for that term of attendance, (ii) was no longer\neligible for a refund upon withdrawal from study, (iii) was in full-time\nattendance and (iv) satisfied all other eligibility requirements for\nsuch award. If any student does not satisfy the necessary eligibility\nrequirements on that date, it shall be the responsibility of the\ninstitution to so state, to specify whether such student was eligible\nprior to that date and the amount of tuition liability incurred.\n b. The comptroller shall audit institutional adherence to the\nstatutes, rules and regulations governing general and academic\nperformance awards and shall be responsible for determining the amount,\nif any, owed to the state by an institution which amount represents\noverpayment to the institution on a student's behalf. The comptroller\nshall report cases of suspected willful and knowing institutional\nviolation of such statutes, rules or regulations to the district\nattorney in the county in which such institution is located.\n c. (i) Payments under this article shall be made by the comptroller\nupon the certificate of the president to or for the benefit of the\nrecipient of each award. Such certificate shall be given upon vouchers\nor other evidence provided by the student and by the institution of\nattendance showing that the person named therein is entitled to receive\nthe sum specified, either directly or for his benefit. Payments may be\nmade directly to the school attended by the person named in such\ncertificate, on behalf of and for the benefit of such person. The\npresident may establish such methods of payment, including prepayment,\nof awards to students or to schools on behalf of students as may effect\nthe orderly administration of the program as he may deem appropriate.\nSelection of the method of payment shall be at the option of the\ninstitution, provided, however, that the president may limit\nparticipation in such alternative methods of payment to schools\nfulfilling criteria established by the president to assure the\nappropriate receipt and handling of funds.\n (ii) Notwithstanding any other provision of law, and in accordance\nwith rules adopted by the board for these purposes, the president may\nsuspend, limit or terminate an institution's participation in the\ngeneral, academic and other award programs administered by the\ncorporation in the event it shall be determined after a hearing\nconducted in accordance with the state administrative procedure act that\nthe institution has violated any statute, rule or regulation applicable\nto such award programs. If the president shall determine that immediate\naction is necessary in order to prevent an unreasonable risk of\nsubstantial loss of funds administered by the corporation, the president\nmay, in accordance with rules and regulations adopted by the board for\nthis purpose, withhold payments and prepayments of awards upon the\ninitiation of the suspension, limitation and termination proceeding as\nan emergency measure. Upon receipt of a report or other information\nindicating a violation by an institution of any law or rule applicable\nto the award programs affecting the eligibility of a substantial number\nof students attending the institution and receiving awards, or\nindicating the institution may terminate its program prior to the\ncompletion of the term or semester or may fail to repay refunds due, the\npresident, in accordance with rules adopted by the board for this\npurpose, may make payments and prepayments to the institution in\ninstallments, in trust, or under such other terms and conditions as the\npresident may deem necessary to assure such payments shall be expended\nconsistent with statutory and regulatory requirements or shall be\navailable for application to the payment of refunds due.\n (iii) During the initial year a school shall offer approved programs,\nthe president may make payments and prepayments to the school in\ninstallments, in trust, or under such other terms and conditions as the\npresident may deem necessary to assure such payments shall be expended\nconsistent with statutory and regulatory requirements or shall be\navailable for application to the payment of refunds due.\n d. A registered business school shall submit to the president at such\ntime as the rules of the board may provide a statement of such school's\nfinancial operations and condition as of the end of the school's most\nrecent fiscal period prepared by an independent public auditor in\nconformity with generally accepted auditing standards. Submission of\nsuch a statement may be made a condition of further participation in the\nawards program.\n 4. a. Student refunds. If a student receives payment as a result of\nadministrative error by the institution or the corporation or a false or\nerroneous statement on his application or financial form, or any other\nact of omission or commission on the part of the student, his spouse, or\nhis parents, such that the recipient would otherwise have been\nconsidered by the president ineligible to receive such payment, the\nrecipient shall be required to refund the improper payment to the state.\n b. Institutional refunds. The president shall require institutions to\nrefund payment to the state, and the student shall not be required to\nrefund such payments, when (i) the president has determined that\ninadequate administrative procedures or practices of the institution\nresulted in the incorrect certification of the eligibility of a program\nor student, or (ii) the commissioner has determined that the institution\nfailed to conduct an approved program in accordance with the regulations\nof the commissioner in effect when such program was conducted.\n c. The president shall be empowered to: (i) require such payment\nimmediately, (ii) accept a repayment schedule or installment payments\nover a reasonable period of time, (iii) reduce any future award received\nby such student by the amount of the refund due, or (iv) reduce any\nfuture payments receivable by the institution on behalf of currently\neligible students by the amount of refund due with a direction to the\ninstitution to consider each eligible student's account to have been\ncredited with the amount of his award eligibility for that term of\nattendance. The board of trustees shall promulgate regulations governing\nprocedures for the assertion, appeal and recovery of a refund claimed by\nthe corporation against a student or an institution.\n d. If the recipient or the institution, as the case may be, without\nreasonable cause, fails to promptly comply with the president's demand\nfor such refund, the attorney general of the state shall, upon request\nof the president, bring suit to obtain such refund.\n 5. Payment for prior study. If the recipient of an award under section\nsix hundred five of this chapter, except subdivision four thereof, has\nenrolled in an approved program during the academic year prior to the\nnormal effective date of such aid, his scholarship shall become\neffective at the time he began his regular college course and he shall\nbe entitled to receive payment of awards under such scholarship for such\nprior study.\n 6. Loss of good academic standing. a. If the recipient of an award\nfails to maintain good academic standing as defined by the commissioner\npursuant to article thirteen of this chapter, which definition shall\ninclude direction to institutions to establish standards of reasonable\nprogress toward completion of the program in which a student is\nenrolled, the president shall suspend further payments under the award\nuntil and unless the student shall establish, to the satisfaction of the\ncommissioner, promise of successful completion of the program for which\nthe award is made, and the president may revoke the award if the\nrecipient is not reinstated in good academic standing within a\nreasonable time to be set by the commissioner.\n b. Students who receive their first state award during the nineteen\nhundred eighty-one--nineteen hundred eighty-two academic year through\nand including the two thousand five--two thousand six academic year,\nshall maintain good academic standing as defined by the commissioner,\nexcept that such standard shall not apply to students receiving aid\nunder section six hundred sixty-seven-a of this part.\n c. Students who receive their first state award during the two\nthousand six--two thousand seven academic year and thereafter shall make\nsatisfactory progress toward the completion of the program's academic\nrequirements as provided in this paragraph. For purposes of this\nsubdivision, "reasonable progress toward completion of the program"\nshall mean a student must complete, at a minimum, the following\nrequirements at the time of certification; provided that nothing shall\nprevent a college from developing stricter standards to measure\nreasonable progress:\n (i) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\nin semesters:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th\n Certified\n for This\n Payment\n A Student Must 0 3 9 21 33 45 60 75 90 105\n Have Accrued at\n Least This\n Many Credits\n With At Least 0 1.1 1.2 1.3 2.0 2.0 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (ii) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized in semesters:\n Before Being 1 2 3 4 5 6\n Certified\n for This\n Payment\n A Student 0 3 9 18 30 45\n Must Have\n Accrued at\n Least This\n Many Credits\n With at Least 0 .5 .75 1.3 2.0 2.0\n This Grade\n Point Average\n (iii) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\non a trimester basis:\n Before Being 1 2 3 4 5 6 7 8\n Certified\n for This\n Payment\n A Student 0 2 4 9 17 25 33 40\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.1 1.1 1.2 1.2 1.3 2.0 2.0\n This Grade\n Point Average\nand,\n Before Being 9 10 11 12 13 14 15\n Certified\n for This\n Payment\n A Student 50 60 70 80 90 100 110\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (iv) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized on a trimester\nbasis:\n Before Being 1 2 3 4 5 6 7 8 9\n Certified\n for This\n Payment\n A Student 0 2 4 9 15 21 30 37 45\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 .5 .5 .75 .75 1.3 2.0 2.0 2.0\n This Grade\n Point Average\n (v) For students first receiving aid in two thousand ten--two thousand\neleven and thereafter, who do not meet the definition of a student\nenrolled in a program of remedial study as defined in paragraph d of\nthis subdivision, and are enrolled in a four-year or five-year\nundergraduate program whose terms are organized in semesters:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th\n Certified\n for This\n Payment\n A Student 0 6 15 27 39 51 66 81 96 111\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (vi) For students first receiving aid in two thousand ten--two\nthousand eleven and thereafter, who do not meet the definition of a\nstudent enrolled in a program of remedial study as defined in paragraph\nd of this subdivision, and are enrolled in a two-year undergraduate\nprogram whose terms are organized in semesters:\n Before Being 1st 2nd 3rd 4th 5th 6th\n Certified\n for This\n Payment\n A Student 0 6 15 27 39 51\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.3 1.5 1.8 2.0 2.0\n This Grade\n Point Average\n (vii) For students first receiving aid in two thousand ten--two\nthousand eleven and thereafter, who do not meet the definition of a\nstudent enrolled in a program of remedial study as defined in paragraph\nd of this subdivision, and are enrolled in a four-year or five-year\nundergraduate program whose terms are organized on a trimester basis:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th\n Certified\n for This\n Payment\n A Student 0 4 8 14 22 30 38 46\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0\n This Grade\n Point Average\n and,\n Before Being 9th 10th 11th 12th 13th 14th 15th\n Certified\n for This\n Payment\n A Student 56 66 76 86 96 106 116\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (viii) For students first receiving aid in two thousand ten--two\nthousand eleven and thereafter, who do not meet the definition of a\nstudent enrolled in a program of remedial study as defined in paragraph\nd of this subdivision, and are enrolled in a two-year undergraduate\nprogram whose terms are organized on a trimester basis:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th\n Certified\n for This\n Payment\n A Student 0 2 6 14 22 30 38 46 54\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0 2.0\n This Grade\n Point Average\n d. For purposes of paragraph c of this subdivision, a student enrolled\nin a program of remedial study shall mean a student: (a) whose scores on\na recognized college placement exam or nationally recognized\nstandardized exam indicated the need for remediation for at least two\nsemesters, as certified by the appropriate college official and approved\nby the commissioner; or (b) who was enrolled in at least six semester\nhours of non-credit remedial courses, as approved by the commissioner,\nin the first term they received a tuition assistance program award in an\napproved program; or (c) who is or was enrolled in the higher education\nopportunity program (HEOP), the educational opportunity program (EOP),\nthe search for education, elevation and knowledge (SEEK) program, or the\ncollege discovery (CD) program.\n e. Notwithstanding the provisions of paragraph c of this subdivision,\nfor students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, and who receive their first\nstate award during the two thousand ten--two thousand eleven academic\nyear and thereafter shall make satisfactory progress toward completion\nof the program's academic requirements as provided in this paragraph.\nFor purposes of this subdivision, "reasonable progress toward the\ncompletion of the program" shall mean a student must complete, at a\nminimum, the following requirements at the time of certification;\nprovided that nothing shall prevent a college from developing stricter\nstandards to measure reasonable progress:\n (i) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\nin semesters:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th\n Certified\n for This\n Payment\n A Student Must 0 3 9 21 33 45 60 75 90 105\n Have Accrued\n at Least This\n Many Credits\n With At Least 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (ii) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized in semesters:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th\n Certified\n for This\n Payment\n A Student 0 3 9 18 30 42 51 60\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.3 1.5 1.8 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (iii) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\non a trimester basis:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th\n Certified\n for This\n Payment\n A Student 0 2 4 9 17 25 33 40\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0\n This Grade\n Point Average\nand,\n Before Being 9th 10th 11th 12th 13th 14th 15th\n Certified\n for This\n Payment\n A Student 50 60 70 80 90 100 110\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (iv) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized on a trimester\nbasis:\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th\n Certified\n for This\n Payment\n A Student 0 2 4 9 15 21 30 37\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0\n This Grade\n Point Average\nand,\n Before Being 9th 10th 11th 12th\n Certified\n for This\n Payment\n A Student 45 50 55 60\n Must Have\n Accrued at\n Least This\n Many Credits\n With At Least 2.0 2.0 2.0 2.0\n This Grade\n Point Average\n (v) Notwithstanding any other provision of law or regulation to the\ncontrary, upon each certification, payment eligibility shall be\ndetermined and measured proportionally in equivalence with full time\nstudy for students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101.\n 7. Availability of academic performance awards. Except as provided\nherein, payment of academic awards may be made for a period of seven\nyears beginning with the academic year in which payment is first\navailable. In the event that a person entitled to such an award is\nengaged in active service in the armed forces of the United States or\nactive service in the national welfare in a program such as the peace\ncorps, an extension of the seven year period equivalent to the period of\nsuch active service but not in excess of three years may be granted upon\napplication to the corporation. A recipient who is ineligible for\npayment of an award in the first academic year of eligibility due to\nattendance in an ineligible out of state school shall not be thereafter\neligible for any other payments of such award. Recipients of an award\nwhich may be reawarded who are temporarily unable to avail themselves of\nthe benefits of the award due to illness or other cause established by\nthe board of regents prior to receipt and utilization of the first\npayment of such award, may apply for a temporary leave of absence\npursuant to the regulations of the corporation. The provisions of this\nsubdivision shall not be considered to increase or in any way alter the\nnumber, amount or methods of payments made under an academic performance\naward.\n