1. (a) Resident student means a student who resides in institutionally-controlled housing for the period of attendance.

2. (b) Off-campus student means a student who does not reside in institutionally-controlled housing for the period of attendance, and who does not reside at home with his or her parent(s) or in a dwelling owned or rented by his or her parent(s) and who meets the criteria set forth below.

   1. (1) An off-campus student who attends an institution that offers institutionally-controlled housing must either:

      1. (i) meet the criteria for independence established for the Tuition Assistance Program; or
      2. (ii) be certified by the institution attended that he or she has applied for but has been denied space in institutionally-controlled housing, and his or her parent(s) does not reside within a reasonable commuting distance from the institution attended in accordance with guidelines issued by the commissioner.

   2. (2) An off-campus student who attends an institution that does not offer institutionally-controlled housing must either:

      1. (i) meet the criteria for independence established for the Tuition Assistance Program; or
      2. (ii) live apart from his or her parent(s) who reside outside a reasonable commuting distance from the institution attended in accordance with guidelines issued by the commissioner.
3. (c) Commuter means a student who is not a resident or an off-campus student.
4. (d) Liberty allowances are those amounts included as nontuition costs for purposes of calculating Liberty Scholarship awards. Liberty allowances include (1) the average nontuition cost of attendance for a student at the State University of New York (used to determine maximum Liberty Scholarships at nonpublic institutions), (2) room and board costs for all part-time students, off-campus students, and all commuter students, (3) books and supplies costs for all students, and (4) transportation costs for all students. Liberty allowances comprise those items of cost which, according to the law, must be determined by the commissioner, in consultation with the president of the Higher Education Services Corporation, and approved by the Director of the Budget.
5. (e) Commissioner means Commissioner of Education.
6. (f) Regular academic year means that period of attendance normally used by post-secondary degree-granting institutions comprising two semesters or three trimesters/quarters of study, or the equivalent as determined by the commissioner, excluding the accelerated term(s).
7. (g) Institutionally-controlled housing means a facility which an institution is authorized to tender to a student for the purpose of housing such student while he or she is in attendance at the institution. The commissioner may determine that an off-campus facility, not owned or leased by the institution, may be included in this definition if the students residing in such a facility incur room charges from the institution attended.
8. (h) Accelerated term, for the purposes of this Subpart, means a period of attendance, not included in the regular academic year, during which a full-time student enrolls for at least 12 semester hours or the equivalent and a part-time student enrolls for at least six but less than 12 semester hours or the equivalent.
9. (i) Public institutions, for purposes of this Subpart, means State-operated units of the State University of New York, The City University of New York, and community colleges, other than the statutory colleges at Cornell, the College of Environmental Science and Forestry at Syracuse, and the College of Ceramics at Alfred.
10. (j) Nonpublic institutions means colleges and universities incorporated by the Regents or the Legislature, and institutions, other than public institutions, authorized by the Regents to confer degrees.

As used in this Subpart: