Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-20.019: Children and Spouses of Deceased or Disabled Veterans or Children of Servicemen Classified as Prisoners of War or Missing in Action Scholarships
PURPOSE AND EFFECT: The purpose of the rule amendment is to correct reference in the rule title to include all genders and align with statutory title in Section 295.01, Florida Statutes. In addition, the Department of Veterans Affairs certification process is clarified, the process for late applications is prescribed, and the rule is aligned with other state scholarship and grant rules. The effect of these amendments reflects current statute and administrative processes.
SUMMARY: The purpose of this proposed rule is to correct gender references, cite and incorporate forms, clarify certification processes, re-number section headings, align institutional language with other state scholarship and grant rules, and provide for additional application processes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 295.01(3), 295.02, 1001.02(1) FS.
LAW IMPLEMENTED: 295.01, 295.015, 295.016, 295.017, 295.018, 295.019, 295.0195, 295.02, 295.03, 295.04, 295.05, 1009.42, 1009.5385 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 19, 2008, 8:30 a.m.
PLACE: 400 South Monroe Street, Room LL03, The Capitol, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Scholarship and Grant Programs, Florida Department of Education, Office of Student Financial Assistance, 1940 North Monroe Street, Suite 70, Tallahassee, Florida 32303-4759, (850)410-5185

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.019 Children and Spouses of Deceased or Disabled Veterans or Children of Servicemembers Servicemen Classified as Prisoners of War or Missing in Action Scholarships.

(1) Eligibility criteria for awards. To receive aid, a student shall meet the provisions of Sections 295.01, 295.02, 295.03, 295.04, and 295.05, 1009.40, 1009.42, Florida Statutes, F.S., and Section 295.015, or 295.016, or 295.017, or 295.018, or 295.019, or 295.0195, Florida Statutes, F.S., and Rules 6A-20.001 and 6A-20.0371, F.A.C., and:

(a) Submit, for each academic year on or before April 1, Form FFAA-1, Florida Financial Aid for Students, as incorporated by reference in Rule 6A-20.020, F.A.C., and Form CDDV-1, DVA Certification Record. Forms FFAA-1 and CDDV-1 are is hereby incorporated by reference and made a part of this rule to become effective with the effective date of this rule May 2007. A copy of Forms FFAA-1 and CDDV-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. CDDV-1, DVA Certification Record, shall be completed online via the State Student Financial Aid Database by the Department of Veterans Affairs.

(b) Be enrolled at a state university, state community college, state postsecondary vocational-technical school, or any postsecondary institution pursuant to Section 1009.533, Florida Statutes.

(c) Be enrolled for a minimum of six (6) credit hours, or one hundred eighty (180) clock hours, at the end of the regular registration period, inclusive of the drop-add period, for each academic term in which aid is received.

(d) Not have previously received a bachelor’s degree if in undergraduate study.

(e) Not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state scholarship or grant program.

(f) Not be in default on a National Defense Loan, National Direct Loan, Guaranteed Student Loan, Federally Insured Student Loan, Parent Loans for Undergraduate Students, Auxiliary Loans to Assist Students, or any state loan program, unless satisfactory arrangements to repay the loan have been made.

(g) Renewal award. Eligibility for the renewal of awards shall be evaluated at the end of the second semester or third quarter of each academic year. As a condition for renewal, a student shall:

1. Have earned, at the last institution attended, a minimum cumulative grade point average of 2.0 on a 4.0 scale; and

2. Have earned during the previous summer and two (2) semesters or three (3) quarters, if a renewal applicant, six (6) credit hours or one hundred eighty (180) clock hours per term or the equivalent for the number of terms for which the award was received.

(h) Restoration award. A student who has received funds through this program who fails to earn the required credits shall be ineligible for an award the following year. However, such student may be considered for restoration after one year, if the student has an earned cumulative grade point average of 2.0 on a 4.0 scale.

(i)3. Probationary award. Pursuant to Section 1009.40(1)(b)2., Florida Statutes, a student who earns the minimum number of credits required for renewal, but who fails to meet the minimum 2.0 cumulative grade point average, may be granted a probationary award for two (2) semesters or three (3) quarters. To be eligible for renewal the following academic year, each such student shall have earned the required credits and a cumulative grade point average of 2.0 on a 4.0 scale by the end of the probationary period.

(j)4. Reinstatement awards. A student who met the requirements for a renewal award but did not receive an award during a full year of eligibility and wishes to reestablish use of the scholarship may apply for reinstatement in any subsequent year provided that the student has earned a cumulative grade point average of 2.0 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.

(2) Appeals. A student who receives state student aid and subsequently fails to meet state academic progress requirements due to verifiable illness or other emergencies may, pursuant to Section 1009.40(1)(b)4., Florida Statutes, be granted an exception from the academic requirements. An applicant may appeal the denial of an award pursuant to Sections 1009.40 and 1009.42, Florida Statutes, and Rule 6A-20.0371, F.A.C.

(3) Maximum hours terms of eligibility. A student shall be eligible to receive financial aid for a maximum of one hundred ten (110) percent of certificate, diploma, associate or baccalaureate program of study in which enrolled eight (8) semesters or twelve (12) quarters. However, pursuant to Section 1009.40, Florida Statutes, a student participating in college preparatory instruction, a student requiring additional time to complete the college-level communication and computation skills testing program, or a student enrolled in a five (5) year undergraduate degree program shall be eligible to receive financial aid for a maximum of ten (10) semesters or fifteen (15) quarters. Five-year eligibility does not extend to a program of study which leads to the simultaneous award of a graduate and undergraduate degree.

(4) Verification of student eligibility. The Department shall be responsible for verifying applicant’s eligibility.

(5) Period of award. Scholarships shall be awarded annually for the following academic year.

(6) Amount of award. The maximum amount of a scholarship shall be the amount of tuition and registration fees assessed the student at the end of regular registration, inclusive of the drop-add period. However, the amount of the scholarship in combination with other student aid shall not exceed the student’s cost of education. A student who receives a Children and Spouses of Deceased or Disabled Veterans Scholarship, who is enrolled in a nonpublic postsecondary institution, and who is assessed tuition and fees that are the same as those of a full-time student at that institution, shall receive a fixed award calculated by using the average matriculation and fee calculation for full-time attendance at a public postsecondary education institution at the comparable level. A student enrolled part-time shall receive a reduced award by either one-half or three-fourths of the maximum award, depending on the level or fees assessed.

(7) Award procedures. The Department shall, if funds are insufficient to award all eligible applicants, prorate awards first award renewal applicants and then rank initial applicants according to the postmark or electronic receipt dates of the applications. Students applying pursuant to subparagraph (1)(g)3., of this rule shall be considered for awards after all eligible renewal and initial students are awarded. The Department shall notify students and institutions of the student’s award eligibility.

(8) Late applications. Applications received after April 1 will be awarded on a first come first served basis if sufficient funds remain.

(9)(8) Institutional responsibilities. Participating institutions shall verify the continued eligibility of awarded students, provide for the disbursement of funds to students, comply with the Department’s reporting requirements, and refund to the Department any undisbursed funds. Institutions shall certify to the Department, each academic term within thirty (30) days of the end of the regular registration period, the student’s enrollment, continued eligibility, and the award amount. Refunds shall be received by the Department within sixty (60) days of the end of the institution’s regular registration period, inclusive of the drop-add period.

(10)(9) Payment of awards. The Department shall provide for the delivery of funds to students by transmitting the funds to the institution for distribution.

Specific Authority 295.01(3), 295.02, 1001.02(1) FS. Law Implemented 295.01, 295.015, 295.016, 295.017, 295.018, 295.019, 295.0195, 295.02, 295.03, 295.04, 295.05, 1009.42, 1009.5385 FS. History–New 12-28-86, Amended 3-22-89, 5-16-90, 3-24-92, 10-18-94, 11-3-02, 5-21-07,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Theresa Antworth, Director, State Scholarship and Grant Programs, Office of Student Financial Assistance
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Linda Champion, Deputy Commissioner for Finance and Operations
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 3, 2008