To align the rule with section 1009.893, F.S., as amended by the 2016 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-20.0281Florida Incentive Scholarship Program

PURPOSE AND EFFECT: To align the rule with section 1009.893, F.S., as amended by the 2016 Florida Legislature. The effect will be a rule which is consistent with governing law.

SUMMARY: The title and all references to Florida Incentive Scholarship Program are changed to Benacquisto Scholarship. Obsolete language related to the first year of implementation is removed. Reference to the National Achievement® award, which is no longer sponsored by the National Merit® Scholarship Corporation, is removed.

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: 1001.02(1), 1009.893(14), FS.

LAW IMPLEMENTED: 1009.40, 1009.893, FS.

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

DATE AND TIME: July 20, 2016, 8:00 a.m.

PLACE: Indian River State College, Pruitt Campus, William and Helen Thomas STEM Center, 500 N.W. California Blvd., Port St. Lucie, FL 34986

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brian Underhill, Director, State Scholarships and Grants, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.0281 Benacquisto Scholarship Florida Incentive Scholarship Program.

(1) The Florida National Merit Scholar Incentive Program shall be referred to as the Florida Incentive Scholarship Program.

(2) A Scholar is defined as a National Merit® Finalist who receives a National Merit® $2500 Scholarship, a Corporate-sponsored Merit Scholarship®, a College-sponsored Merit Scholarship® or an Institutional award provided to 2014 National Merit® Finalists who did not receive one of the other three scholarships associated with the National Merit® Scholarship program; or, a National Achievement® Finalist who receives a National Achievement $2500 Scholarship® or a Corporate-sponsored Achievement Scholarship®.

(1)(3) General eligibility requirements. To receive a Benacquisto Scholarship award Florida Incentive Scholarship Program award, a student shall meet requirements set in Section 1009.893, Florida Statutes (F.S.), and:

(a) through (d) No change.

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

(2) A National Merit® Scholar is defined as a National Merit® Finalist who receives a National Merit® $2500 Scholarship, a Corporate-sponsored Merit Scholarship®, or a College-sponsored Merit Scholarship®.

(3)(4) 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.

(4)(5) Award amounts. An eligible student who 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.

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

(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 Florida Incentive Scholarship Program renewal award, a Benacquisto Scholar student 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 The student 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 student 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.

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

(7) Appeals. For the purpose of eligibility, in accordance with Section 1009.40(1)(b)4., F.S., a Benacquisto Scholar student 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 student 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.

(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 high school, or the equivalent, Florida residency, degree-seeking status, National Merit® or National Achievement® status, and receipt of a qualifying award as defined in subsection (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) (12) FS. Law Implemented 1009.40, 1009.893 FS. History‒New 4-1-15, Amended_____.

 

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: June 17, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 28, 2016