Meeting of the Board of Regents | September 2007

Saturday, September 1, 2007 - 7:00am

sed seal

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	Full Board
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to State Aid Awards for High Needs Nursing Programs at Certain Independent Colleges and Universities
DATE:	August 29, 2007
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

SUMMARY

Issue for Decision (Consent Agenda)

Should the Board of Regents amend Section 150.2 and add Section 150.4 to the Regulations of the Commissioner of Education relating to State aid awards for high needs nursing programs at certain independent colleges and universities?

Reason(s) for Consideration

Required by State statute.

Proposed Handling

The proposed amendment was adopted as an emergency measure at the June Regents meeting. This proposed amendment will come before the Board of Regents in September for adoption as a permanent rule. A second emergency adoption is also necessary at the September meeting to ensure the June emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule. A statement of the facts and circumstances which necessitate emergency action is attached.

Procedural History

The Board of Regents adopted this amendment as an emergency measure at its June 2007 meeting. A Notice of Proposed Rule Making was published in the State Register on June 27, 2007. A Notice of Emergency Adoption was published in the State Register on July 18, 2007. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

Background Information

Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent institutions of higher education within the State. In order to conform with the new requirements set forth in Section 6401-a of the Education Law, the proposed amendment establishes requirements and procedures for eligible institutions and the Commissioner of Education to follow when applying for, and awarding state aid under this section. Specifically, the amendment makes the following changes:

The amendment authorizes the Commissioner of Education to grant State aid awards to each eligible institution within the amounts appropriated for such purpose, not to exceed one million dollars and based on the availability of funds. In the event that the appropriation cannot fully fund such awards, the proposed amendment allows the Commissioner to appropriate the monies to each eligible institution proportionately based on available funds and pursuant to a schedule determined by the Commissioner.

The awards are computed by multiplying an amount not to exceed two hundred fifty dollars for each full-time student enrolled in a high needs nursing program at an eligible two year degree institution and an amount not to exceed five hundred dollars for each full-time student enrolled in a high needs nursing program at an eligible four year degree institution in the fall semester preceding the annual period for which such an appropriation is made.

This amendment defines an eligible institution as a higher education institution that meets the following requirements: (1) the institution must be a non-profit or independent college or university incorporated by the Regents or the Legislature that is geographically located in New York State; (2) the institution must maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, excluding any online nursing degree program offered via the internet; (3) the institution must meet such standards of educational quality applicable to comparable public institutions of higher education, as may be from time to time established by the Regents; and (4) the institution must meet the requirements for State aid under the constitutions of the United States and the State of New York. The amendment also defines a high needs nursing program as any nursing program registered by the department at an eligible institution, however, it shall not include online or internet nursing degree programs.

The proposed amendment requires each eligible institution that wishes to apply for State aid pursuant to this section to apply to the Commissioner by September 15 of the academic year in which they are seeking State aid. It also requires each eligible institution applying for State aid under this section to submit a certification by their chief executive officer to the Commissioner, by November 15 of each year, certifying the number of full-time students enrolled in a high needs nursing program at such institution in the fall semester.

The proposed amendment clarifies that an eligible two year degree institution which has received authority to confer bachelor degrees shall continue to be considered an eligible two year degree institution until such time as it has actually begun to confer bachelors’ degrees. Also, in the case of a jointly registered nursing degree program at more than one eligible institution, the proposed amendment clarifies that the eligible institution granting the degree shall receive the State aid award under this section.

In order to be consistent with the Blaine Amendment of the New York State Constitution, the regulation also amends Section 150.2 so that no portion of any State aid paid to a higher education institution under this section shall be used for religious instruction or religious worship or for the advancement or inhibition of religion.

Recommendation

I recommend that the Board of Regents take the following action:

VOTED: That Section 150.2 of the Regulations of the Commissioner of Education be amended and Section 150.4 be added, as submitted, effective October 4, 2007; and

VOTED: That Section 150.2 of the Regulations of the Commissioner of Education be amended and Section 150.4 be added, as submitted, effective September 27, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the June Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

Timetable for Implementation

The June emergency adoption will expire on September 26, 2007. The second emergency adoption will become effective September 27, 2007. The proposed amendment will become effective as a permanent rule on October 4, 2007.

Attachments

PROPOSED AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207 AND 6401-a OF THE EDUCATION LAW AND CHAPTER 57 OF THE LAWS OF 2007 RELATING TO STATE AID AWARDS FOR HIGH NEEDS NURSING PROGRAMS AT CERTAIN INDEPENDENT COLLEGES AND UNIVERSITIES

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, became effective on July 1, 2007. This section authorizes the Commissioner of Education to award State aid to certain eligible independent colleges and universities for high needs nursing programs. In order to implement the requirements of section 6401-a of the Education Law, the proposed amendment is needed to establish the eligibility criteria for such awards, the application process and the reporting requirements for independent colleges and universities that wish to apply for State aid for high needs nursing programs under this section.

The proposed amendment was adopted at the June 25-26, 2007 Regents meeting as an emergency measure, effective July 1, 2007, in order to immediately comply with the State statute. A Notice of Proposed Rule Making was published in the State Register on June 27, 2007. The proposed amendment has been adopted as a permanent rule at the September 10-11, 2007 Regents meeting. Pursuant to the State Administrative Procedure Act section 203(1), the earliest the adopted rule can become effective is upon its publication in the State Register on October 3, 2007. However, the June emergency rule will expire on September 26, 2007, 90 days after its filing with the Department of State on June 29, 2007. A lapse in the rule’s effectiveness would disrupt the application process of eligible independent colleges and universities for State aid for high needs nursing programs for the 2007-2008 academic year, awarded pursuant to section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, and would disrupt the colleges and universities timely receipt of such awards.

A second emergency adoption is therefore necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the June Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 6401 and 6401-a of the Education Law and Chapter 57 of the Laws of 2007.

1. Section 150.2 of the Regulations of the Commissioner of Education is amended, effective October 4, 2007, as follows:

No portion of any State aid paid to an institution of higher education pursuant to the provisions of [section] sections 6401 and 6401-a of the Education Law shall be used for the religious instruction or religious worship or for the advancement or inhibition of religion.

2. Section 150.4 of the Regulations of the Commissioner of Education is added, effective October 4, 2007, as follows:

§ 150.4 State aid for high needs nursing program.

(a) Purpose. The purpose of this section is to establish the eligibility criteria and requirements for certain independent colleges and universities applying for State aid awards for high needs nursing programs pursuant to section 6401-a of the Education Law.

(b) Definitions. For purposes of this section:

(1) Enrolled shall mean that a student is registered full-time in the fall semester at an eligible institution in an associate or baccalaureate degree program in nursing that is registered by the department pursuant to section 52.12 of this Title;

(2) Eligible institution shall mean a higher education institution that meets the following requirements:

(i) the institution shall be a non-profit or independent college or university incorporated by the Regents or the Legislature that is geographically located in New York State;

(ii) the institution shall maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, excluding any online nursing degree program offered via the internet;

(iii) the institution shall meet such standards of educational quality applicable to comparable public institutions of higher education, as may be from time to time established by the Regents; and

(iv) the institution shall meet the requirements for State aid under the constitutions of the United States and the State of New York.

(3) Fall semester means that part of the academic year that begins between late August and November 1.

(4) Department shall mean the New York State Education Department.

(5) Full-time student shall mean a student that is enrolled at an eligible institution in full-time study, as defined in section 145-2.1 of this Title.

(6) High needs nursing program shall mean any nursing program registered by the department pursuant to section 52.12 of this Title at an eligible institution as defined in this section, and shall not include online or internet nursing degree programs.

(c) Application. Eligible institutions that wish to apply for State aid pursuant to section 6401-a of the Education Law shall submit an application to the commissioner by September 15 of the academic year in which they are seeking State aid, on a form prescribed by the commissioner.

(d) Awards.

(1) The commissioner shall grant State aid awards to each eligible institution within the amounts appropriated for such purpose, not to exceed one million dollars and based on the availability of funds. Such awards shall be computed by multiplying an amount not to exceed two hundred fifty dollars for each student enrolled in a high needs nursing program at an eligible two year degree institution and an amount not to exceed five hundred dollars for each student enrolled in a high needs nursing program at an eligible four year degree institution in the fall semester preceding the annual period for which such an apportionment is made.

(2) For purposes of this section, an eligible two year degree institution which has received authority to confer baccalaureate degrees shall continue to be considered an eligible two year degree institution until such time as it has actually begun to confer baccalaureate degrees.

(3) In the case of a jointly registered nursing degree program at more than one eligible institution, the eligible institution granting the degree shall receive the State aid award under this section.

(4) In the event that the appropriation cannot fully fund such awards, the commissioner will appropriate the monies to each eligible institution proportionately based on the amount of available funds and pursuant to a schedule determined by the commissioner.

(e) Institutional reports. Beginning July 1, 2007, each eligible institution applying for State aid pursuant to section 6401-a of the Education Law shall submit an annual certification by their chief executive officer to the commissioner by November 15 of each year, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and any other information the commissioner may require, in a form prescribed by the commissioner.