New York Consolidated Laws, Education Law - EDN § 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.