The purpose of this amendment is to align Rule 6A-20.060 with Section 1009.67, Florida Statutes and incorporate pertinent information from Rules 6A-20.061, 6A-20.062, 6A-20.063 and 6A-20.064. Rules 6A-20.061, 6A-20.062, 6A-20.063 and 6A-20.064 are ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-20.060Nursing Scholarship Program Application

6A-20.061Nursing Scholarship Program Scholarship Repayment

6A-20.062Nursing Scholarship Program Penalties for Defaulting

6A-20.063Payment of Scholarship Funds

6A-20.064Placement of Nursing Scholars

PURPOSE AND EFFECT: The purpose of this amendment is to align Rule 6A-20.060 with Section 1009.67, Florida Statutes and incorporate pertinent information from Rules 6A-20.061, 6A-20.062, 6A-20.063 and 6A-20.064. Rules 6A-20.061, 6A-20.062, 6A-20.063 and 6A-20.064 are proposed for repeal. The effect will be one rule consistent with governing law.

SUMMARY: The purpose of the Nursing Student Loan Forgiveness Program is to attract capable and promising students to the nursing profession. In 2012, the Florida Legislature transferred administrative responsibility for the program to the Florida Department of Education from the Florida Department of Health. Rule 6A-20.060, will clarify the following: a completed Nursing Student Scholarship Application, form NS1, and a signed, notarized and dated Nursing Scholarship Program Agreement, form NS2, are required; within 10 working days of receipt of notice of a scholarship award, the scholar must return a notarized affidavit of agreement; and that eligible health care employment facilities are provided. Rules 6A-20.061, 6A-20.062, 6A-20.063 and 6A-20.064, are being proposed for repeal. Much of the content in these rules has been superseded by implementation changes resulting from the transfer of the program to the Florida Department of Education and Rule 6A-20.064, FAC., Placement of Nursing Scholars, exceeds the scope of the statute.

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: No requirement for SERC was triggered under section 120.541(1), F.S., and based on past experiences with rules that affect student financial assistance programs, there will be no impact on small businesses, and the adverse impact or regulatory cost, if any, does 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: 1009.67(6) FS.

LAW IMPLEMENTED: 1009.67 FS.

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

DATE AND TIME: January 6, 2016, 9:00 a.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marlene Norrell, Education Program Director, Finance and Operations/Office of Student Financial Assistance, Suite 1314, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.060 Nursing Scholarship Program Application.

In accordance with the Nursing Scholarship Program Application Package, October 2001, Aa scholarship award shall be made to an eligible nursing student who submits:

(1) A completed Nursing Student Scholarship Application, NS1 DH 1931, effective February 2016 10/01, (DOS link) no later than thirty (30) days after enrolling for the first semester or quarter of nursing school attendance. The Nursing Student Scholarship Program Application is Package and Application are incorporated by reference and is are available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400.

(2) A signed, notarized and dated Nursing Scholarship Program Agreement, NS2 DH 1930, effective February 2016 10/01, (DOS link) which is incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400 department. The department must receive the Nursing Scholarship Program Agreement, no later than sixty (60) days after enrollment in the first semester or quarter of nursing school attendance. The Nursing Scholarship Program Agreement will be mailed to approved scholarship recipients, by the department.

(3) The department shall provide additional time to enroll in a nursing program, if it finds extraordinary circumstances prevented a recipient from enrolling in nursing school for the semester or quarter indicated on the application. Extraordinary circumstances are: recipient chronic illness, injury or disease, supported by attending physician’s statement; chronic illness, injury, disease or death of a recipient’s immediate family member, supported by attending physician’s statement. Immediate family members of recipient include: spouse, children, parents, brother, sister.

(4) Notice of scholarship award and payment: Within ten (10) working days of the selection of nursing scholars, the department shall inform scholars in writing of their selection. Within ten (10) working days of the receipt of the notice of the scholarship award, the scholars must return a notarized affidavit and grant agreement agreeing to the required period of service in a medically underserved area.

(5) Upon receipt of the notarized affidavit and proof of registration as a full-time student in an approved nursing program, the department shall submit an invoice for payment of one half of the total annual award to the scholar.

(6) Payment of subsequent amounts will require continued proof of full-time enrollment in the nursing program and proof of continued satisfactory academic standing and progress.

(7) Payment shall not exceed $8,000 for undergraduate and $12,000 for graduate nursing studies in any academic year.

(8) Scholarship recipients must begin the full-time employment service obligation no later than three (3) months after receiving Florida licensure or certification and no later than twelve (12) months after graduating from nursing school. Eligible health care facilities are county-, state- or federally-operated medical or health care facilities, colleges of nursing in state universities and the Florida College System institution nursing programs, family practice teaching hospitals as defined in Section 395.805, F.S., or specialty children’s hospitals as described in Section 409.9119, F.S.

(9) The department shall provide additional time for repayment if the department determines that circumstances beyond the control of the recipient caused or contributed to the default. Circumstances that will be considered beyond the control of the recipient are: recipient chronic illness, injury or disease, supported be attending physician’s statement; recipient dismemberment or death, supported by attending physician’s statement or certified copy of death certificate; chronic illness, injury disease or death of a recipient’s immediate family member, supported by attending physician’s statement. Immediate family members of recipient include: spouse, children, parents, brother, sister. In the case of the death of a recipient, the recipient’s surviving family or estate will not be responsible for the scholarship repayment.

Rulemaking Authority 1009.67(6) FS. Law Implemented 1009.67 FS. History–New 3-10-02, Formerly 64E-24.001, Amended.

 

6A-20.061 Nursing Scholarship Program Scholarship Repayment.

Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 3-10-02, Formerly 64E-24.002, Repealed.

 

6A-20.062 Nursing Scholarship Program Penalties for Defaulting.

Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 3-10-02, Formerly 64E-24.003, Repealed.

 

6A-20.063 Payment of Scholarship Funds.

Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 12-13-94, Formerly 10D-124.003, Repealed.

 

6A-20.064 Placement of Nursing Scholars.

Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 12-13-94, Formerly 10D-124.004, Repealed.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 13, 2015