senate Bill S4903

2013-2014 Legislative Session

Relates to the meaning of the terms "matriculated" and "approved program" for purposes of higher education awards and loans

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2013 referred to higher education

S4903 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง661, Ed L

S4903 - Bill Texts

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Relates to the meaning of the terms "matriculated" and "approved program" for purposes of higher education awards and loans.

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BILL NUMBER:S4903

TITLE OF BILL: An act to amend the education law, in relation to the
meaning of the terms "matriculated" and "approved program" for
purposes of higher education awards and loans

PURPOSE: The purpose of the bill is to protect students from excess
burden at the fault of high education institutions who have not meet
their obligation to provide the substantial support necessary needed
to complete the program.

SUMMARY OF PROVISIONS: The education law is amended to add a new
paragraph a-1, which will ensure that the following terms have the
following meanings. "Matriculated" shall mean a status of student
enrollment when the following conditions are met: (a) the student has
filed a written application for enrollment at the institution for the
purpose of earning a degree, diploma or certificate. (b) in accepting
the student's application, the institution has taken into account the
capacity of the student to undertake a course of study and its own
capacity to provide what instructional and other support the students
need to complete the program. (c) the institution, on basis of clauses
(a) and (b), has recognized the student as a candidate for that
degree, diploma or certificate. For purposes of this clause, it shall
not be necessary that the student, in addition, has passed
matriculation examinations or language examinations, or completed any
other particular prerequisites established by the school in accordance
with local custom or regulation. (d) the courses pursued by the
student are fully recognized at that time of application as
contributing towards fulfillment by the student of the requirements
for completion of the degree, diploma or certificate "approved
program" shall mean a program registered by the department and listed
in the "Inventory of Registered Programs" maintained by the
department. On or before July first of each year, every institution of
higher education in the shall: (a) verify that its program offerings
and catalog descriptions are consistent with the "Inventory of
Registered Programs". (b) verify that for each student certified for a
financial aid award, there is an official record of the approved
program in which the student is enrolled.

JUSTIFICATION: Most students who attend higher education institutions
must work painstakingly to obtain a degree, with proper funding.
Students must be protected from unnecessary burdens that may ensue
based the institutions inability to provide substantial resources to
aid the students in achieving success. A lack of substantial resources
for every enrolled student may cause students to spend additional time
at the institution ultimately haying to nay more tuition.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of July next
succeeding the date on which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4903

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  meaning  of  the
  terms  "matriculated"  and  "approved  program" for purposes of higher
  education awards and loans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph a of subdivision 4 of section 661 of the educa-
tion law, as amended by section 1 of part Z of chapter 58 of the laws of
2011, is amended and a new paragraph a-1 is added to read as follows:
  a. Must be matriculated in an approved program,  as  defined  by  [the
commissioner  pursuant  to  article  thirteen]  PARAGRAPH  A-ONE of this
[chapter] SUBDIVISION, or pursuant to paragraph b of  this  subdivision,
in  an  institution  situated  in the state, which has been approved and
operating in this state for at least one year, and has been approved for
participation in federal student financial aid  programs  authorized  by
Title  IV  of  the  Higher Education Act of 1965, as amended. Nothing in
this subdivision shall preclude payment of an award to a  recipient  who
receives  instruction  outside the state, which instruction is conducted
by an institution situated in the state, and is part  of  the  student's
program of study at such institution; provided, however, that nothing in
this  subdivision  shall  preclude  the  receipt  of  a loan pursuant to
section six hundred eighty of  this  article;  provided,  further,  that
students not attending institutions eligible for participating in feder-
al Title IV financial aid programs on or before July first, two thousand
seven:  (i) who received their first award under this article before the
two thousand six--two thousand seven academic year shall be eligible for
payments until the end  of  the  two  thousand  nine--two  thousand  ten
academic year; or (ii) who received their first award under this article
for  the  two thousand six--two thousand seven academic year through and
including the two thousand nine--two thousand ten academic year shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10310-01-3

S. 4903                             2

eligible for payments until the end of the  two  thousand  fourteen--two
thousand fifteen academic year.
  A-1.  FOR  PURPOSES  OF  PARAGRAPH A OF THIS SUBDIVISION THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (I) "MATRICULATED" SHALL MEAN A STATUS OF STUDENT ENROLLMENT WHEN  THE
FOLLOWING CONDITIONS ARE MET:
  (A)  THE STUDENT HAS FILED A WRITTEN APPLICATION FOR ENROLLMENT AT THE
INSTITUTION FOR THE PURPOSE OF EARNING A DEGREE, DIPLOMA OR CERTIFICATE;
  (B) IN ACCEPTING THE STUDENT'S APPLICATION, THE INSTITUTION HAS  TAKEN
INTO  ACCOUNT THE CAPACITY OF THE STUDENT TO UNDERTAKE A COURSE OF STUDY
AND ITS OWN CAPACITY TO PROVIDE WHAT INSTRUCTIONAL AND OTHER SUPPORT THE
STUDENT NEEDS TO COMPLETE THE PROGRAM;
  (C) THE INSTITUTION, ON THE BASIS OF  CLAUSES  (A)  AND  (B)  OF  THIS
SUBPARAGRAPH, HAS RECOGNIZED THE STUDENT AS A CANDIDATE FOR THAT DEGREE,
DIPLOMA  OR  CERTIFICATE.  FOR  PURPOSES OF THIS CLAUSE, IT SHALL NOT BE
NECESSARY THAT THE STUDENT, IN ADDITION, HAS PASSED MATRICULATION  EXAM-
INATIONS  OR  LANGUAGE  EXAMINATIONS,  OR COMPLETED ANY OTHER PARTICULAR
PREREQUISITES ESTABLISHED BY THE SCHOOL IN ACCORDANCE WITH LOCAL  CUSTOM
OR REGULATION; AND
  (D)  THE  COURSES  PURSUED BY THE STUDENT ARE FULLY RECOGNIZED AT THAT
TIME OF APPLICATION AS CONTRIBUTING TOWARDS FULFILLMENT BY  THE  STUDENT
OF  THE  REQUIREMENTS  FOR  COMPLETION OF THE DEGREE, DIPLOMA OR CERTIF-
ICATE; AND
  (II) "APPROVED PROGRAM" SHALL MEAN A PROGRAM REGISTERED BY THE DEPART-
MENT AND LISTED IN THE "INVENTORY OF REGISTERED PROGRAMS" MAINTAINED  BY
THE  DEPARTMENT. ON OR BEFORE JULY FIRST OF EACH YEAR, EVERY INSTITUTION
OF HIGHER EDUCATION IN THIS STATE SHALL:
  (A) VERIFY THAT ITS PROGRAM OFFERINGS  AND  CATALOG  DESCRIPTIONS  ARE
CONSISTENT WITH THE "INVENTORY OF REGISTERED PROGRAMS"; AND
  (B)  VERIFY THAT FOR EACH STUDENT CERTIFIED FOR A FINANCIAL AID AWARD,
THERE IS AN OFFICIAL RECORD OF THE APPROVED PROGRAM IN WHICH THE STUDENT
IS ENROLLED.
THE VERIFICATIONS REQUIRED BY CLAUSES (A) AND (B) OF  THIS  SUBPARAGRAPH
SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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