Meeting of the Board of Regents | May 2009
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
May 5, 2009
Issue for Decision (Consent Agenda)
Should the Board of Regents amend section 150.4 of the Regulations of the Commissioner of Education relating to an extension of the date for submission of annual reports for high needs nursing program?
Reason(s) for Consideration
Review of policy.
The proposed amendment is being presented to the Board of Regents for adoption as an emergency action at the May 2009 Regents meeting. It is anticipated that a Notice of Proposed Rule Making will be published in the State Register no later than July 1, 2009. Supporting materials are available upon request from the Secretary to 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.
Currently, section 150.4 of the Regulations of the Commissioner of Education requires each institution to submit an annual report to the Department by June 1, detailing each expenditure of State aid. Institutions, however, are required to submit a report to the Department by November 15, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and they do not receive any State aid until March or later. Therefore, the current June 1 date for submission of annual reports detailing expenditure of such aid does not provide a sufficient amount of time for institutions to comply. The purpose of the proposed amendment is to extend the deadline for submission of annual reports from June 1 to November 15 of each year to provide institutions with an adequate amount of time to submit their annual reports.
VOTED: That subdivision (f) of section 150.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective May 22, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to extend the date for submission of annual reports for high needs nursing programs from June 1 to November 15 to provide institutions with an adequate amount of time to submit their annual reports.
Timetable for Implementation
The emergency adoption will take effect on May 22, 2009. It is anticipated that the proposed amendment will be presented for confirmation at the September 2009 Regents meeting. A second emergency adoption will be necessary at the July Regents meeting in order to ensure that the emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule. If adopted at the September Regents meeting, the effective date of the permanent rule will be October 8, 2009.
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
Subdivision (f) of section 150.4 of the Regulations of the Commissioner of Education is amended, effective May 22, 2009, 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] November 15 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.