N.Y. Education Law § 602: Duties of the commissioner

§ 602. Duties of the commissioner. 1. Selection and certification of

academic performance award recipients. (a) The commissioner shall select

the qualified recipients of academic performance awards, from among

candidates who meet and exceed the minimum eligibility requirements, in

order of merit on the basis of such combination of test scores, academic

records, and personal qualifications as the commissioner deems

appropriate. If awards are allocated on the basis of geographic or

political units in the state, and if for any reason there is an

insufficient number of qualified applicants in any unit, the remaining

number of awards in such unit shall be allocated to the best qualified

applicants in the entire state. No person shall be eligible to receive

an academic performance award under this article who fails to achieve

the minimum standard of test scores, academic record, or, in the

judgment of the commissioner, personal qualifications necessary to

demonstrate promise of successful completion of the program for which

the award is made; (b) The commissioner shall certify to the president

those students eligible to receive academic performance awards.

2. The commissioner shall promulgate regulations defining the

following terms by which the president can determine a student's

eligibility for student aid and loan programs: (a) full-time study or

attendance; (b) part-time study or attendance; (c) full-time and

part-time accelerated study beyond the regular program of study for the

academic year; (d) permissible use of general and academic performance

awards; (e) matriculation; and (f) loss of good academic standing.

3. The commissioner shall promulgate regulations by which the

president shall determine whether a student has entered an approved

program during the academic year prior to the normal effective date of

the student's award.

4. If any person because of administrative error or inadvertency

should fail to receive an academic performance award which he would

otherwise be entitled to receive, the commissioner may certify such

person to the president as eligible to receive such award without regard

to the total number of such awards authorized under this article, and

payments shall be made thereon out of moneys available in the same

manner as other academic performance awards are paid.