6A-20.023: Jose Marti Scholarship Challenge Grant Fund
PURPOSE AND EFFECT: The purpose of the rule amendment is to update the rule based on statutory changes and to revise the priority rankings for distribution of scholarship funds. The effect will be a rule which is consistent with governing law.
SUMMARY: The proposed rule removes administrative requirements in the language that are not authorized in Florida Statutes, updates priority rankings for distribution of scholarship funds, and updates language per the 2010 Florida legislative amendment to Section 1009.72, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with scholarship programs and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed, nor would be expected to exceed, any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02(1), 1009.72(1) FS.
LAW IMPLEMENTED: 1009.40, 1009.72 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 25, 2012, 8:00 a.m.
PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Programs, Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400, (850)410-5185
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-20.023 José Martí Jose Marti Scholarship Challenge Grant Fund.
(1) General eligibility criteria. To receive aid, a student shall meet the provisions of Sections 1009.40, 1009.42, and 1009.72, F.S., Rules 6A-20.001, 6A-20.003, and 6A-20.0371, F.A.C., and:
(a) Be a Hispanic-American or a person of Spanish culture who was born in, or whose natural parent was born in, either Mexico, or a Hispanic country of the Caribbean, Central America or South America, regardless of race.
(b) Complete and submit annually, a need analysis form specified by the Department in time to be processed error-free by May 15.
(c) Have been a bona fide Florida resident for twelve (12) months prior to the first day of classes for the fall term of the academic year for which funds are being requested pursuant to Section 1009.21, F.S., and Rule 6A-20.003, F.A.C.
(d) Be a United States citizen or permanent resident pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal financial assistance.
(e) Be enrolled in a degree program in a state university or Florida community college authorized by Florida law, or any Florida college, university, or community college which is accredited by an association whose standards are comparable to the minimum standards required to operate a postsecondary institution at that level in Florida.
(f) through (2) No change.
(3) Eligibility for renewal awards. Eligibility for renewal of an award shall be evaluated at the end of the second semester or third quarter of each academic year. A renewal award may be made to an applicant who used one (1) or more terms of eligibility for an award during the academic year immediately preceding the academic year for which applying, and who:
(a) Meets the general eligibility requirements in subsection (1) of Rule 6A-20.023, F.A.C.
(b) Has earned, at the last institution attended, a minimum cumulative grade point average of 3.0 on a 4.0 scale.
(c) For undergraduate study, has earned during the previous summer and two (2) semesters or three (3) quarters, at least twelve (12) credit hours per term or the equivalent for the number of terms for which the award was received. For graduate study, has earned during the previous summer and two (2) semesters or three (3) quarters, at least nine (9) credit hours per term or the equivalent for the number of terms for which the award was received. An undergraduate or graduate student who does not earn the required credits shall be ineligible to continue on the program, except as provided in subsections (7) and (8) (5) of Rule 6A-20.023, F.A.C.
(4) Probationary awards. A student who has received funds through this program and who fails to earn a minimum grade point average of 3.0 on a 4.0 scale may be granted a probationary award for one (1) academic year, not to exceed two (2) semesters or three (3) quarters. A student who does not earn a 3.0 grade point average on a 4.0 scale by the end of the spring semester or third quarter of the probationary academic year shall be ineligible to continue for one (1) academic year under this program.
(5) Reinstatement. A student who met the requirements for an award but did not receive an award during the first full year of eligibility and wishes to re-establish use of the scholarship must apply for reinstatement no later than April 1. A student who applies for reinstatement must also complete a need analysis form specified by the Department in time to be processed error-free by May 15.
(6) Restoration. A student who failed to meet the requirements for renewal of a probationary award is eligible to apply for restoration after one (1) academic year if the student has earned a minimum cumulative grade point average of 3.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought. A student who applies for restoration must also complete a need analysis in time to be processed error-free by May 15.
(7)(6) Appeals. A student who receives state student aid and subsequently fails to meet state academic progress requirements described in paragraphs (3)(b) and (c) of Rule 6A-20.023, F.A.C., or fails to apply for reinstatement, due to verifiable illness or other emergencies may be granted an exception from the academic requirements, pursuant to Section 1009.40(1)(b)4., F.S.
(8)(7) Maximum terms of eligibility.
(a) through (c) No change.
(9)(8) Amount of awards. The amount of each annual award is two thousand (2,000) dollars.
(10)(9) Award distribution. The Department shall make awards based on the annual appropriation and the amount of contributions received by the Department. Priority in the distribution of funds will be as follows:
(a) Eligible renewal applicants shall be first given priority,
(b) Second priority for awards will be given to iInitial undergraduate applicants who shall first be ranked by the least family contribution as determined by the nationally recognized need analysis report,
1.(c) Then by high school grade point average,
2.(d) And, if necessary, by the postmarked or electronic receipt date of Form FFAA-1,
(c) Third priority for awards will be given to reinstatement applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of Form FFAA-1. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection,
(d) Fourth priority for awards will be given to restoration applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of Form FFAA-1. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection,
(e) From funds remaining, initial graduate applicants shall be ranked and awarded, based on the least family contribution and then by undergraduate grade point average and, finally, on the postmark date of the Form FFAA-1.
(11)(10) Institutional responsibilities. Participating institutions shall verify the continued eligibility of awarded students, provide for the disbursement of funds to students, and comply with the Department’s reporting requirements. Within thirty (30) days of the end of the regular registration period each term, the institution shall notify the Department of the eligibility status of each awarded student. The institution shall remit refunds and submit accompanying documentation to the Department within sixty (60) days of the end of the institution’s regular registration period. For supplemental awards, the institution will notify the Department of the eligibility status of awarded students within thirty (30) days of the date that the warrant was mailed by the Department. Refunds and accompanying documentation shall be received by the Department within sixty (60) days of the date that the warrant was mailed by the Department.
(11) Reserve funds for renewal awards. The Department shall reserve in the trust fund sufficient state and matching dollars to ensure the availability of funds to renew each eligible applicant for the necessary number of years to complete the educational objective stated on the initial application, Form FFAA-1.
(12) No change.
(13) Contributions from private sources. Scholarship contributions to the José Martí Jose Marti Scholarship Challenge Grant Fund from private sources may be accepted by the Department and deposited in the State Student Financial Assistance Jose Marti Scholarship Challenge Grant Trust Fund.
Rulemaking Specific Authority 1001.02(1), 1009.72(1) FS. Law Implemented 1009.40, 1009.72 FS. History–New 12-28-86, Amended 5-16-90, 2-15-95, 10-15-02, 9-22-08,________.