The purpose of the rule amendment is to align institution eligibility with Section 1009.72(5)3., Florida Statutes, clarify student certification processes, and align institutional term type language and award amount with language in other state ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-20.023: Jose Marti Scholarship Challenge Grant Fund
PURPOSE AND EFFECT: The purpose of the rule amendment is to align institution eligibility with Section 1009.72(5)3., Florida Statutes, clarify student certification processes, and align institutional term type language and award amount with language in other state scholarship and grant programs. The effect reflects current statute and administrative processes.
SUMMARY: The purpose of the proposed rule is to align institutional eligibility with Florida Statutes, incorporate forms, clarify student certification, re-number section headings, and align institutional term language with other state scholarship and grant programs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(1), 1009.72(1) FS.
LAW IMPLEMENTED: 1009.72, 1009.40 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 19, 2008, 8:30 a.m.
PLACE: 400 South Monroe Street, Room LL03, The Capitol, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Scholarship and Grant Programs, Florida Department of Education, Office of Student Financial Assistance, 1940 North Monroe Street, Suite 70, Tallahassee, Florida 32303-4759, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.023 Jose Marti Scholarship Challenge Grant Fund.

(1) General eligibility criteria. To receive aid, a student shall meet the provisions of Sections 1009.40 and 1009.72, Florida Statutes, Rules 6A-20.001, 6A-20.003, and 6A-20.0371, F.A.C., and:

(a) Be a person of Spanish culture who was born in, or whose natural parent was born in, either Mexico or Spain, or a Hispanic country of the Caribbean, Central America or South America, regardless of race.

(b) Complete and submit annually, a need analysis form specified by the Department in time to be processed error-free by May 15.

(c) Have been a bona fide Florida resident for twelve (12) months prior to the first day of classes for the fall term of the academic year for which funds are being requested pursuant to Section 1009.21, Florida Statutes, and Rule 6A-20.003, F.A.C.

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

(e) Be enrolled in a degree program in a state university or community college authorized by Florida law, or any Florida college, university, or community college which is accredited by an association whose standards are comparable to the minimum standards required to operate a postsecondary institution at that level in Florida the Commission on Colleges of the Southern Association of Colleges and Schools.

(f) Be enrolled for a minimum of twelve (12) credits for undergraduate study, or nine (9) credits for graduate study, at the end of the regular registration period inclusive of the drop-add period for each academic term in which aid is received.

(g) Demonstrate sufficient financial need to receive a full two thousand (2,000) dollar scholarship. Student financial need is the student’s cost of education less the family contribution as determined by the need analysis service.

(h) Not owe a repayment of a state or federal student grant or scholarship unless satisfactory repayment arrangements have been made.

(i) Not be in default on a state or federal student loan unless satisfactory repayment arrangements have been made.

(2) Eligibility for initial awards. To be eligible for an initial award a student must:

(a) For undergraduate study, submit Form FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, 6A-20.020, F.A.C., and Form CHS-1, High School Certification, which is hereby incorporated by reference and made a part of this rule to become effective with the effective date of this rule October 2002, postmarked or electronically dated by April 1 during the applicant’s last year in high school. For graduate study, submit Form FFAA-1 and Form CPSI-1, Postsecondary Institution Certification, as incorporated by reference in Rule 6A-20.019, F.A.C., and made a part of this rule to become effective October 2002, postmarked or electronically dated by April 1 immediately prior to the academic year for which funds are being requested. A copy of Form FFAA-1, Form CHS-1, and Form CPSI-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(b) For undergraduate study, have earned by the end of the seventh semester of high school, a 3.0 unweighted grade point average on a 4.0 scale for high school subjects creditable towards a diploma. For graduate study, have earned a 3.0 cumulative grade point average on a 4.0 scale for undergraduate college level course work completed by the date of application. Grades must be certified for undergraduate study by the applicant’s high school or graduate study by the applicant’s postsecondary institution no later than May 15. Eligibility determinations shall not be influenced, positively or negatively, by grade point averages calculated subsequent to the application period. Unweighted grade point averages shall be computed to three (3) decimals and shall not be rounded.

(c) Meet the general eligibility requirements in subsection (1) of Rule 6A-20.023, F.A.C.

(3) Eligibility for renewal awards. Eligibility for renewal of an award shall be evaluated at the end of the second semester or third quarter of each academic year. A renewal award may be made to an applicant who used one (1) or more terms of eligibility for an award during the academic year immediately preceding the academic year for which applying, and who:

(a) Meets the general eligibility requirements in subsection (1) of Rule 6A-20.023, F.A.C.

(b) Has earned, at the last institution attended, a minimum cumulative grade point average of 3.0 on a 4.0 scale.

(c) For undergraduate study, has earned during the previous summer and two (2) semesters or three (3) quarters, at least twelve (12) credit hours per term or the equivalent for the number of terms for which the award was received. For graduate study, has earned during the previous summer and two (2) semesters or three (3) quarters, at least nine (9) credit hours per term or the equivalent for the number of terms for which the award was received. An undergraduate or graduate student who does not earn the required credits shall be ineligible to continue on the program, except as provided in subsection (5) of Rule 6A-20.023, F.A.C.

(4) No change.

(5) Reinstatement. A student who met the requirements for an award but did not receive an award during the first full year of eligibility and wishes to re-establish use of the scholarship must apply for reinstatement no later than April 1. A student who applies for reinstatement must also complete a need analysis form specified by the Department in time to be processed error-free by May 15.

(6)(5) Appeals. A student who receives state student aid and subsequently fails to meet state academic progress requirements described in paragraph (3)(d) of Rule 6A-20.023, F.A.C., or fails to apply for reinstatement, due to verifiable illness or other emergencies may be granted an exception from the academic requirements, pursuant to Section 1009.40(1)(b)4., Florida Statutes.

(7)(6) Maximum terms of eligibility.

(a) An undergraduate student shall be eligible to receive financial aid for a maximum of one hundred ten (110) percent of the number of credit hours required to complete the program of study in which enrolled eight (8) semesters or twelve (12) quarters, or until receipt of a first baccalaureate degree, whichever occurs first. However, pursuant to Section 1009.40(3), Florida Statutes, an undergraduate student participating in college preparatory instruction, a student requiring additional time to complete the college-level communication and computation skills testing program, or a student enrolled in an approved five-year undergraduate degree program shall be eligible to receive financial aid for a maximum of ten (10) semesters or fifteen (15) quarters. An eligible five-year degree program is a program of study which requires the completion of at least one hundred thirty two (132) semester hours or one hundred ninety two (192) quarter hours for an undergraduate degree. Five-year eligibility may apply to a program of study which leads to a simultaneous award of a graduate and an undergraduate degree. Additional terms of eligibility for five-year programs will be allowed based on the number of credit hours required by the institution for completion of the program of study. as follows:

 

Semester Hours Required	Terms of Eligibility
132-143	9
144 or more	10
Quarter Hours Required	Terms of Eligibility
192-203	13
204-215	14
216 or more	15

 

(b) A graduate student shall be eligible to receive financial aid for a maximum of four (4) semesters or six (6) quarters.

(c) A student who used any terms of eligibility as an undergraduate student may subsequently apply for an award for graduate study. However, such student will be considered as an initial graduate applicant for purposes of eligibility determination and award distribution.

(7) through (12) renumbered (8) through (13) No change.

Specific Authority 1001.02(1), 1009.72(1) FS. Law Implemented 1009.40, 1009.72 FS. History–New 12-28-86, Amended 5-16-90, 2-15-95, 10-15-02,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Theresa Antworth, Director, State Scholarship and Grant Programs, Office of Student Financial Assistance
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Linda Champion, Deputy Commissioner for Finance and Operations
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 3, 2008