To clarify current processes and statutory changes made by the Florida Legislature. The effect will be a rule which is consistent with governing law.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-20.028Florida Bright Futures Scholarship Program.

PURPOSE AND EFFECT: To clarify current processes and statutory changes made by the Florida Legislature. The effect will be a rule which is consistent with governing law.

SUMMARY: The amended rule removes the requirement that funding begins in the fall and provide the option for students to use the Free Application for Federal Student Aid (FAFSA) to apply to the Florida Bright Futures Scholarship Program. Removes language specifying grade levels for home-educated students and clarifies that volunteer service hour requirements apply to students from public, private, and home education settings. Articulates initial and renewal eligibility requirements for students who earn Florida Career and Professional Education Act (CAPE) certification. Specifies initial eligibility test score requirements for high school graduates. Updates provisions for students who fulfill religious service obligations. Provides clarification and eligibility requirements for spring/summer students. Remove scholarship length language specifying students must receive a scholarship disbursement within the first two academic years following high school graduation.

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: The proposed rule amendment is not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S. and will not require legislative ratification.

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), 1009.53(3), F.S.

LAW IMPLEMENTED: 1009.40, 1009.42, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 9, 2022, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Parker Campbell, Director, State Scholarships and Grants, Finance and Operations, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.028 Florida Bright Futures Scholarship Program.

(1) through (2) No change.

(3) Initial eligibility requirements.

(a) Information about the scholarship program is made available via the Florida Department of Education (FDOE), Office of Student Financial Assistance (OSFA) website (http://www.floridastudentfinancialaidsg.org).

(b) For purposes of eligibility, in accordance with Section 1009.531(1)(e), F.S., a student is not eligible for to receive a Bright Futures Scholarship if the student has been found guilty of a felony charge by a plea, jury verdict or a judge, or pled nolo contendere to a felony charge but has had adjudication of guilt withheld. However, a student is not deemed to have been found guilty of, or entered a plea of nolo contendere to, a felony charge if the student:

1. through 3. No change.

(c) For the purposes of initial eligibility, in accordance with Section 1009.531(1), F.S.:

1. A Florida public or private high school graduate, GED recipient, or home-educated student whose high school graduation date is no later than August 31 will be initially eligible for the fall term after the spring of the year of graduation.

2. The student must file the FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., or the Free Application for Federal Student Aid (FAFSA), as incorporated by reference in Rule 6A-20.023, F.A.C., no later than August 31 immediately following high school graduation, and meet all Bright Futures academic requirements provided in Florida Statutes. A copy of Form FFAA-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or online at https://www.floridastudentfinancialaidsg.org http://www.floridastudentfinancialaid.org/SSFAD/home/uamain.htm. A copy of the FAFSA is available at www.fafsa.gov.

3. Students who intend to graduate high school mid-year must file the FFAA-1, Florida Financial Aid Application for Students, or the Free Application for Federal Student Aid (FAFSA), as incorporated by reference in Rule 6A-20.023, F.A.C., by December 31 of the student’s last year in high school, by the August 31 prior to the student’s graduation, and meet all Bright Futures academic requirements provided in Florida Statutes. A mid-year high school graduate seventh semester evaluation includes completed spring coursework and grades, fall coursework in progress, volunteer service hours, and test scores for test dates through the end of June. A mid-year high school graduate eighth semester evaluation includes all coursework and grades through fall semester of high school graduation, volunteer service hours, and test scores for test dates through the end of January and a graduation date from an official standard diploma or its equivalent.

4. A student’s initial year of eligibility is defined as the first academic year immediately following high school graduation or its equivalent, whether funded or not.

(d) A home-educated student applying for a Florida Academic Scholars award under Section 1009.534, F.S., must complete volunteer service hours that meet the following requirements during high school and by high school graduation:

1. through 2. No change.

3. The documented hours must be submitted by the student’s district where the student is registered for the 11th and 12th grades as a home-educated student.

4. Students attending public or private Florida high schools are required to follow volunteer service hour requirements during high school and by high school graduation as specified in subparagraphs (3)(d)1. and (3)(d)2. of this rule.

(e) through (f) No change.

(g) Initial Academic Criteria:

1. For the purposes of student eligibility, in accordance with Sections 1009.534(1)(a) and 1009.535(1)(a), F.S., coursework must include a minimum of four (4) credits in English, four (4) credits in mathematics, three (3) credits in science, three (3) credits in social science, and completion of the foreign language component of the scholar designation pursuant to Section 1003.4285, F.S.

a. Required coursework, as listed in the Course Code Directory, as incorporated in Rule 6A-1.09441, F.A.C., and, therefore, approved by the State Board of Education for initial eligibility for the Florida Academic Scholars or Florida Medallion Scholars awards, includes the minimum college preparatory academic courses as required for state university system admissions and outlined in the Florida Board of Governors Regulation 6.002 Admission of Undergraduate First-Time-in-College, Degree-Seeking Freshmen which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07541). A copy of the Florida Board of Governors Regulation 6.002 may be obtained online at https://www.flbog.edu/regulations/active-regulations/ http://www.flbog.edu/about/regulations/regulations.php or from the Florida Board of Governors, 325 West Gaines Street, Suite 1614, Tallahassee, Florida 32399-0400.

b. through d. No change.

           I.   To be eligible for the Florida Academic Scholars award, a student graduating high school in the 2020-21 through 2022-23 academic years must achieve the required examination score at the 89th SAT User percentile which equates to a 1330 SAT or a 29 ACT.

         II.   To be eligible for the Florida Medallion Scholars award, a student graduating high school in the 2020-21 through 2022-23 academic years must achieve the required examination score at the 75th SAT User percentile which equates to a 1210 SAT or a 25 ACT.

       III.   The required scores may be adjusted annually only if the required score drops below the specified SAT User percentiles.

       IV.   Before each school year, examination score requirements applicable to students graduating in the next two (2) years will be published on the OSFA website (https://www.floridastudentfinancialaidsg.org).

e. Students who earn a minimum of five (5) postsecondary credit hours through the Florida Career and Professional Education Act (CAPE) industry certifications that articulate for college credit and complete thirty (30) volunteer service hours qualify for a Bright Futures Florida Gold Seal CAPE Scholars award. Qualifying CAPE industry certifications are those published on the “Gold Standard Career Pathways” list available on the website at https://www.fldoe.org/academics/career-adult-edu/career-technical-edu-agreements/.

2. For purposes of meeting the requirements of a passing score on the college entry level placement test or its equivalent, in accordance with Section 1009.536, F.S., a student applying for the Florida Gold Seal Vocational Scholars award must earn at least the minimum qualifying subtest scores from the Florida Postsecondary Education Readiness Test (PERT), SAT, or ACT, as specified in Rule 6A-10.0315, F.A.C. Sections of the PERT, SAT, or ACT from different test dates may be used to meet the test criteria, but test types cannot be mixed.

(h) For the purposes of student eligibility, in accordance with Section 1009.531(5), F.S., a student who wishes to qualify for any Bright Futures Scholarship award but does not meet all of the requirements may be allowed additional time to complete the requirements receive the award if the principal of the student’s school or the district superintendent verifies on letterhead that deficiencies are due to school personnel providing inaccurate or incomplete information. The private high school may and the public school district shall allow the student to correct the deficiencies and the principal or school district will provide an updated high school transcript as necessary. The student is required to submit official postsecondary transcript(s) to the FDOE with any postsecondary coursework taken to satisfy deficiencies. The student must complete all requirements by December 31 of the student’s high school graduation year. If the student completes the requirements by December 31, the student must receive the award for the full academic year, including the fall term.

(4) No change.

(5) Renewing Academic Criteria.

(a) No change.

(b) Academic eligibility criteria for a renewed award, in accordance with Section 1009.532, F.S., shall be evaluated based on an institutional cumulative GPA and cumulative hours earned at the end of the academic year, which for this purpose shall be defined as the end of the second semester or third quarter of each academic year, which is the end of the spring term, or is the end of the summer term for students in the Program for the Spring and Summer Terms in accordance with Section 1009.215, F.S. Students in this cohort class will hereafter be referred to as spring/summer students.

1. through 3. No change.

4. The Florida Gold Seal CAPE Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours.

5. 4. The cumulative GPA required to renew any Florida Bright Futures Scholarship Program award as referenced in Sections 1009.534, 1009.535 and 1009.536, F.S., shall be determined by the institution where the student is enrolled as degree- or certificate-seeking as the student’s institutional cumulative GPA. The GPA shall be computed to two (2) decimals and shall not be rounded.

65. For the purposes of eligibility, in accordance with Section 1009.40(1)(b)4., F.S., a student who does not earn the required renewal GPA and/or hours for renewed status may still be renewed if granted an exception from the academic requirements. A student must submit an institutional appeal at the institution where the student did not meet the renewal requirements for renewed status and provide documentation as required by the institution within thirty (30) days of the ineligibility notice or institutional deadline, whichever is later.

(c) Eligibility criteria for a reinstated award shall be determined if the student did not receive scholarship funding for the last academic year during which the student was eligible. The student must submit Form FFAA-3, Florida Financial Aid Reinstatement/Restoration Application, as incorporated by reference in Rule 6A-20.027, F.A.C., by May 30 of the academic year the student is seeking funding. A student who enlists in the United States Armed Forces as referenced in Section 1009.531(2), F.S., and submits Form FFAA-3, Florida Financial Aid Reinstatement/Restoration Application, as incorporated by reference in Rule 6A-20.027, F.A.C., by May 30 of the academic year the student is seeking funding, must also submit to the FDOE via U.S. mail proof of all active-duty assignments from high school graduation through the date of the requested reinstatement year. Acceptable proof of active-duty assignment(s) is the Department of Defense Certificate of Release or Discharge from active-duty, the DD Form 214.

(d) A student who engages in a full-time religious or federal government service obligation lasting at least eighteen (18) months which begins within 1 year after completion of high school as referenced in Section 1009.531(2)(c), F.S., and submits Form FFAA-3 by May 30 of the academic year the student is seeking funding must also provide documentation of the service obligation. The student must submit to the FDOE Form RSOR-01, Religious or Service Obligation Reporting Form, to document the service obligation from high school graduation through the date of the requested reinstatement year. Form RSOR-01 is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07542) and made a part of this rule to become effective November 2016. A copy of Form RSOR-01 and Form FFAA-3 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or online at https://www.floridastudentfinancialaidsg.orghttp://www.floridastudentfinancialaid.org/SSFAD/home/uamain.htm.

(e) No change.

(6) Awards. Awards are made under all programs in this section in accordance with Sections 1009.215, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536 and 1009.538, F.S.

(a) through (b) No change.

(c) A spring/summer student, referenced in paragraph (5)(b) of this rule, is eligible to receive a maximum of three(3) two (2) semesters (or the equivalent) of funding during one (1) academic year. Students funded in the fall term may only receive funding for off-campus or online coursework will be limited to two (2) semesters, fall plus spring or summer funding.

(d) through (e) No change.

(7) Program Length.

(a) The student who graduates from high school in 2012-13 and thereafter must receive award funding in at least one (1) term within the first two (2) academic years following his/her high school graduation to be eligible for maximum program funding.

(a)(b) A student who graduated from high school in 2009-10 and earlier may receive funding up to seven (7) years from high school graduation or a first baccalaureate degree, whichever comes first. A student who graduates from high school in 2010-11 and thereafter may receive funding up to five (5) years from high school graduation or a first baccalaureate degree, whichever comes first.

(b)(c) In accordance with Section 1009.5341, F.S., a Florida Academic Scholar or Florida Medallion Scholar who graduated in the 2010-11 academic year and thereafter and has earned a first baccalaureate degree within seven (7) semesters or 105 credit hours of funding, may receive Bright Futures funding for one (1) semester up to fifteen (15) of the student’s unused semester or equivalent hours, at the undergraduate rate, for up to seven (7) or five (5) years after high school graduation, dependent upon his or her high school graduation year, if the student enrolls in a graduate degree program at a Bright Futures-eligible institution.

(8) Institutional responsibilities.

(a) through (d) No change.

(e) Florida eligible non-public secondary schools must, in order to annually maintain eligibility to participate in the Florida Bright Futures Scholarship Program:

1. Register as a non-public high school via the Private Annual School Survey (http://www.fldoe.org/schools/school-choice/private-schools/annual-survey.stml) with the FDOE.

2. Submit scholarship required courses, volunteer service hours, and other eligibility criteria data as requested for all students in ninth through twelfth grades to the FDOE, via the Online Transcript Entry and Evaluation System (https://www.floridastudentfinancialaidsg.orghttp://www.floridastudentfinancialaid.org).

Rulemaking Authority 1001.02(1), 1009.53(3) FS. Law Implemented 1009.40, 1009.42, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538 FS. History–New 5-10-12, Amended 1-1-14, 11-29-16,

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Parker Campbell, Director, State Scholarships and Grants, Finance and Operations.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2021