To clarify statutory changes made by the 2018, 2020, and 2021 Florida Legislatures regarding enrollment hours and award amounts for specified students and institutional responsibilities as a result of statutory changes. ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-20.0281Benacquisto Scholarship

PURPOSE AND EFFECT: To clarify statutory changes made by the 2018, 2020, and 2021 Florida Legislatures regarding enrollment hours and award amounts for specified students and institutional responsibilities as a result of statutory changes. The effect will be a rule that is consistent with governing law.

SUMMARY: The amended rule clarifies student eligibility requirements for qualified out-of-state students and enrollment requirements for students with disabilities and those with fewer than 12 credit hours remaining to receive a first baccalaureate degree. Clarifies award amounts for both eligible Florida and non-Florida scholarship recipients. Clarifies participating institution responsibilities for documenting non-resident student addresses.

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 is not expected to have any adverse impact on economic growth, business competitiveness, increase regulatory costs, or any other factor listed in s. 120.541(2), F.S. and will not require legislative ratification. This is based upon the content of the rule changes and experience with other grant programs

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), (2)(n), 1009.893(14), F.S.

LAW IMPLEMENTED: 1009.40, 1009.893, F.S.

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

DATE AND TIME: March 30, 2022, 9 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail, Naples, Florida 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Parker Campbell, Director, State Scholarships and Grants, Finance and Operations, Office of Student Financial Assistance, Florida Department of Education, Suite 1344, Turlington Building, 850-410-5185.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.0281 Benacquisto Scholarship Program.

(1) General eligibility requirements. To receive a Benacquisto Scholarship award, a student shall meet requirements set in Ssections 1009.40 (except s. 1009.40(4)), 1009.41 and 1009.893, Florida Statutes (F.S.), and the requirements set forth in this rule.:

(2)(a) If the student is a Florida resident, he/she must eEarn a standard diploma from a Florida high school or its equivalent pursuant to Sections 1003.4281, 1003.4282, or 1003.435, F.S., or complete a home education program according to Section 1002.41, F.S. The student who earns a high school diploma from a non-Florida high school may be eligible if the student is living with a parent who is on military or public service assignment outside of the State of Florida, pursuant to Section 1009.893(4)(a)1.b.(b)2., F.S.;

(b) If the student is not a Florida resident, he/she must have enrolled in a baccalaureate degree program and have received an initial award, in the 2018-19 through 2021-22 years and must have earned a high school diploma which is comparable to a standard Florida high school diploma or its equivalency or complete a home education program in another state, and physically reside in Florida on or near the eligible postsecondary institution’s campus where enrolled.

(3) General Eligibility Requirements.

(a) (b) Not have previously received a recognized baccalaureate degree;

(b) (c) Be initially enrolled in the 2014-15 academic year or later at an eligible Florida postsecondary institution in a baccalaureate degree program for the fall term immediately following high school graduation;

(c) (d) Be enrolled at an eligible Florida postsecondary institution for a minimum of twelve (12) credit hours per term or the equivalent in quarter hours; and

(d) (e) Meet the qualifications of a National Merit® Scholar as defined in subsection (4) (2) of this rule.

(4) (2) A National Merit® Scholar is defined as a National Merit® Finalist who receives a National Merit® $2,500. Scholarship, a Corporate-sponsored Merit Scholarship®, or a College-sponsored Merit Scholarship®.

(5) (3) Eligible institutions are public state universities, Florida colleges and independent institutions that offer baccalaureate degree programs and are regionally accredited. Regional accreditors are identified by the United States Department of Education.

(6) (4) Award amounts.

(a) Florida resident. An eligible student who is a Florida resident attending attends a Florida public postsecondary institution will receive an award equal to the on-campus institutional cost of attendance as reported by the Board of Governors of the State University System, less the sum of the student’s Bright Futures Scholarship and the National Merit® Scholarship or National Achievement® Scholarship. An eligible student who attends a Florida independent postsecondary institution will receive an award equal to the highest on-campus institutional cost of attendance as reported by the Board of Governors of the State University System, less the sum of the student’s Bright Futures Scholarship and the National Merit® Scholarship or National Achievement® Scholarship.

(b) Non-Florida resident. An eligible student who is not a Florida resident receives an award equal to the institutional cost of attendance for a resident of this state minus the student’s National Merit® Scholarship. An eligible non-Florida resident student who attends a Florida independent postsecondary institution will receive an award equal to the highest on-campus institutional cost of attendance as reported by the Board of Governors of the State University System, less the sum of the student’s Bright Futures Scholarship and the National Merit® Scholarship.

(7) (5) A student who receives a Benacquisto Scholarship shall be known as a Benacquisto Scholar.

(8) (6) Renewal requirements. Eligibility for renewal is determined at the end of the second semester, third quarter or the equivalent of each academic year. To receive a Benacquisto Scholarship renewal award, a Benacquisto Scholar Scholarship shall meet both the grade point average and credit hour requirements set in Section 1009.893(6), F.S. The student is no longer eligible to continue to receive the scholarship if these requirements are not met.

(a) The cumulative grade point average shall be calculated by the institution where the student is enrolled as degree-seeking. This cumulative grade point average is the student’s institutional cumulative grade point average. The cumulative grade point average shall be computed to two (2) decimals and shall not be rounded.

(b) A Benacquisto Scholar Scholarship must earn all credits for the hours in which he or she is enrolled each term as of the institution’s regular drop/add period. If a Benacquisto Scholar Scholarship fails to earn the required hours during any term within the academic year, the student will not meet the hour requirement to renew the scholarship. A student who has fewer than twelve (12) total hours remaining to complete the first baccalaureate degree may receive funding for one term.

(c) Eligibility criteria for a reinstated award shall be established determined if the Benacquisto Scholar Scholarship did not receive scholarship funding for the last academic year during which he or she was eligible after receiving initial funding. The Benacquisto Scholar Scholarship 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 year the student is seeking funding.

(9) (7) Appeals. For the purpose of eligibility, in accordance with Section 1009.40(1)(b)4., F.S., a Benacquisto Scholar Scholarship who does not earn the required renewal grade point average or the hours for renewed status may still be renewed if granted an exception from the academic requirements. A Benacquisto Scholar Scholarship must submit an institution 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.

(10) (8) Institutional responsibilities.

(a) Participating postsecondary institutions shall comply with Rules 6A-20.002 and 6A-20.0021, F.A.C.; and

(b) Verify, prior to disbursement each term, each recipient’s graduation from a Florida or eligible non-Florida high school, or the equivalent, Florida residency, or, for a non-Florida resident, the student’s physical address, degree-seeking status, National Merit® or National Achievement® status, and receipt of a qualifying award as defined in subsection (4) (2) of this rule.

(c) If eligible to become a college sponsor, all eligible state universities shall become college sponsors of the National Merit Scholarship® Program.

Rulemaking Authority 1001.02(1), 1009.893(14) FS. Law Implemented 1009.40, 1009.893 FS. History‒New 4-1-15, Amended 8-24-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Parker Campbell, Director, State Scholarships and Grants, Finance and Operations, Office of Student Financial Assistance.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2021