contract-law education
Can I appeal the denial of NY Senator McGee&#39;s scholarship after being awarded?
<p>I take online courses for a masters in nursing education with Aspen University. The university is headquartered in NY and is accredited by a regional accrediting agency of the US Dept of Ed. I live in NY. I was awarded the scholarship then subsequently denied eligibility because "the school is not a registered school with the NYS Board of Ed" (a rep stated). </p>

<p>Does my school satisfy the requirement and can I rightfully appeal their decision to overturn the denial of my award?</p>

<p>Can the denial be reversed?</p>

<p>Here is the source for the eligibility requirements:
<a href="https://www.hesc.ny.gov/pay-for-college/financial-aid/types-of-financial-aid/nys-grants-scholarships-awards/senator-patricia-k-mcgee-nursing-faculty-scholarship-program.html" rel="nofollow noreferrer">https://www.hesc.ny.gov/pay-for-college/financial-aid/types-of-financial-aid/nys-grants-scholarships-awards/senator-patricia-k-mcgee-nursing-faculty-scholarship-program.html</a></p>

<p><a href="https://i.stack.imgur.com/DtKg1.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/DtKg1.png" alt="Scholarship Requirements"></a></p>

<p>Aspen University <a href="http://www.nysed.gov/coms/rp090/IRPSL1" rel="nofollow noreferrer">does not seem to appear in the NYSED</a> list of accredited universities, so that would make it ineligible. I'm not sure whether you can appeal this or not, but it would seem that you don't meet the eligibility requirements.</p>

<p>As far as I can tell, Aspen University is headquartered in Denver, Colorado, not NY State.</p>

<p>Under <a href="https://law.justia.com/codes/new-york/2015/edn/title-1/article-14/part-2/sub-part-1/661/" rel="nofollow noreferrer">NY Educ Law 661 - 665-A</a>, the scholarship recipient </p>

<blockquote>
  <p>Must  be  matriculated  in  an approved program, as defined by the  commissioner pursuant to article thirteen of this chapter,  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</p>
</blockquote>

<p>Paragraph (b) extend this to other schools as long as the institution is exempt from federal taxation under  section  501(c)(3)  of  the Internal Revenue Code, which excludes Aspen U.</p>

<p>Article 13 <a href="https://law.justia.com/codes/new-york/2015/edn/title-1/article-13/602/" rel="nofollow noreferrer">defines the duties of the commissioner</a>, which are pretty open-ended and include promulgating regulations: it essentially allows the commission to say what programs are approved, or not approved. <a href="https://law.justia.com/codes/new-york/2015/edn/title-1/article-14/part-2/sub-part-1/665-a/" rel="nofollow noreferrer">§665-A</a> requires institutions to enter into a participation agreement, and an institution may be suspended if they violate a rule or law. You may be able to demand formal evidence that Aspen U is precluded from participation; however, it may simply be that the university did not seek such an agreement. (It is <a href="https://ir.aspen.edu/press-releases/detail/360/aspen-university-promotes-dr-anne-mcnamara-to-chief" rel="nofollow noreferrer">headquartered in NY</a>).</p>
