Meeting of the Board of Regents | October 2008
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Proposed Amendment to the Regulations of the Commissioner of Education Relating to State Aid for High Needs Nursing Programs
October 1, 2008
Issue for Decision (Consent Agenda)
Should the Board of Regents amend Section 150.4 of 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
Review of policy and required by State statute.
The proposed amendment will come before the Board of Regents at its October meeting for adoption as a permanent rule, effective November 13, 2008.
A Notice of Proposed Rule Making was published in the State Register on August 6, 2008. At the September 15-16 meeting, the Board of Regents discussed the proposed amendment. Supporting materials are available upon request from the Secretary of the Board of Regents.
Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorized the Commissioner of Education to award State aid for high needs nursing programs at certain independent institutions of higher education within the State. Specifically, the law:
- Authorized the Commissioner to grant State aid awards to each eligible institution within the amounts appropriated, not to exceed one million dollars and based on the availability of funds.
- Required the eligible institution to apply by September 15 of the academic year for which they are seeking the State aid, and to provide by November 15 of each year, certification by the chief executive officer as to the number of full-time students enrolled in such nursing programs in the fall semester.
- For jointly registered nursing degree programs, clarified that the institution granting the degree shall receive the State aid award.
- Ensured that no portion of State aid paid to a higher education institution under this section be used for religious instruction, religious worship, or for the advancement or inhibition of religion (consistent with the Blaine Amendment of the NYS Constitution).
It also 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 proposed amendment authorizes the Commissioner of Education to award State aid for online or internet nursing degree programs at certain independent institutions of higher education within the State, in order to conform with Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008. The proposed amendment also establishes annual reporting requirements relating to the expenditure of State aid.
Staff recommends that the Regents take the following action:
VOTED: That §150.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective November 13, 2008.
Timetable for Implementation
If adopted at the October Regents meeting, the proposed amendment will become effective on November 13, 2008.
AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207, 215 and 6401-a of the Education Law and Chapter 57 of the Laws of 2008.
1. Subparagraph (ii) of paragraph (2) of subdivision (b) of Section 150.4 of the Regulations of the Commissioner of Education is amended, effective November 13, 2008, as follows:
(ii) the institution shall maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, [excluding] including any online nursing degree program offered via the internet;
2. Subdivision (f) of section 150.4 of the Regulations of the Commissioner of Education is added, effective November 13, 2008, as follows:
(f) Annual reports. Each eligible institution that receives State aid pursuant to section 6401-a of the Education Law shall submit an annual report to the commissioner by June 1 of each year, detailing each expenditure of State aid received and any other information the commissioner may require, in a form prescribed by the commissioner.