The purpose of this rule is to provide clarification for implementing section 1009.505, F.S. The effect will be a rule that is consistent with governing law.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-20.0071Florida Public Postsecondary Career Education Student Assistance Grant

PURPOSE AND EFFECT: The purpose of this rule is to provide clarification for implementing section 1009.505, F.S. The effect will be a rule that is consistent with governing law.

SUMMARY: The new rule will provide clarification on general eligibility, reinstatement of awards, restoration of awards, appeals, period of award, award procedure, institutional responsibilities, and allocation process.

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 expected to have any adverse impact on economic growth, business competitiveness or increase regulatory costs or any other adverse factor listed in s. 120.541(2), F.S. and will not require legislative ratification. This is based upon the content of the rule as well as 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), 1009.505, F.S.

LAW IMPLEMENTED: 1009.40, 1009.505, 1009.51, F.S.

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

DATE AND TIME: March 30, 2022, 9:00 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, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.0071 Florida Public Postsecondary Career Education Student Assistance Grant.

(1) General Eligibility Requirements. To receive aid, a student shall meet the provisions of sections 1009.21, 1009.40, and 1009.505, Florida Statutes (F.S.), and Rules 6A-20.001, 6A-20.003, and 6A-20.0371, F.A.C., and:

(a) Be enrolled at a Florida college system institution as set forth in s. 1000.021(3), F.S., or a career center operated by a school district as set forth in s. 1001.44, F.S., in a certificate program that consists of four hundred-fifty (450) or more clock hours;

(b) Be enrolled for a minimum equivalent of four hundred-fifty (450) clock hours for a full-time award, or three hundred thirty-seven (337) clock hours for a three-quarter time award, or two hundred twenty-five (225) clock hours for a half-time award at the end of the drop-add period for each academic term in which the award is received;

(c) Be a United States citizen, permanent resident, or eligible noncitizen pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal student financial assistance;

(d) Meet the measurable progress standards of the institution;

(e) Have applied for a Pell Grant and not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state grant or scholarship program, unless satisfactory arrangements to repay the grant have been made; and

(f) Not be in default on any state loan program or any federal Title IV loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Reinstatement awards. A student who met the requirements for renewal provided in section 1009.40, F.S., but did not receive an award for a full academic year shall be eligible to apply for reinstatement during a subsequent application period. Each such student may be eligible for reinstatement if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale at the last institution attended.

(3) Restoration awards. A student who fails to meet the renewal provisions of section 1009.40, F.S., shall be eligible to apply for restoration during a subsequent application period. Each such student may be eligible for restoration if the student has earned an institutional cumulative grade point average of 2.0 on a 4.0 scale.

(4) Appeals. An applicant may appeal the denial of an award pursuant to section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(5) Period of the award. An award is made for the two (2) semesters or three (3) quarters or the equivalent of an academic year. An award may be made for an additional term in the summer if the student was enrolled during one of the prior two (2) semesters or three (3) quarters or the equivalent within an academic year.

(6) Award procedures.

(a) The institution must make preliminary determinations of student eligibility based on information it receives from the need analysis processor, cumulative grade point average, and earned credit information.

(b) The institution must prioritize students within one term of certificate completion for summer awards.

(c) A student’s award shall not exceed the demonstrated unmet need.

(d) When estimating individual award amounts, institutions shall take into consideration a standard cost of education budget, expected family contribution, and estimated Pell Grant award amounts.

(e) Each institution shall verify the eligibility of such students and provide individual award notices to the students.

(7) Institutional responsibilities.

(a) Reporting. Within thirty (30) days of the end of the institution’s regular drop/add period for each term, institutions shall report to the Florida Department of Education:

1. The social security number and amount awarded to each student; and

2. The social security number of each student who is eligible for the grant, but who was not awarded grant funds.

(b) Refunds. Institutions must remit refunds with accompanying documentation to the department within sixty (60) days of the end of the institution’s regular spring term registration period or within sixty (60) days of the date of the transmittal of supplemental warrants. Exceptions to the refund deadline may be granted to institutions if the institution submits documentation of plans to disburse subsequent summer term awards to the department within sixty (60) days of the end of the intitution’s regular spring term registration period.

(c) Summer Term Reporting and Refunds. Each institution using summer term funds must report to the department within thirty (30) days of the end of institution’s regular drop/add period, the social security number and amount awarded to each student. Institutions using funds for the summer term must remit refunds and submit accompanying documentation to the department within thirty (30) days after the end of the summer term.

(8) Allocations. Each institution will receive a minimum base allocation of ninety (90) percent of disbursements for the prior fiscal year or a proportional amount when funds are insufficient to make such allocation. From remaining funds, each institution will receive a proportional amount based on the average number of FTE disbursed students and total unduplicated number of otherwise eligible students reported for the prior three (3) years.

Rulemaking Authority 1001.02(1), (2)(n), 1009.505(5) FS. Law Implemented 1009.40, 1009.505 FS. History-New

 

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: February 28, 2022

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