To update the reporting requirements for school districts on the collection of the optional student financial aid fee for non-exempt students enrolled in clock hour certificate programs and to remove obsolete language.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-20.036Fee Generated Adult and Vocational Student Financial Aid

PURPOSE AND EFFECT: To update the reporting requirements for school districts on the collection of the optional student financial aid fee for non-exempt students enrolled in clock hour certificate programs and to remove obsolete language.

SUMMARY: Districts may assess financial aid fees for students enrolled in career certificate and applied technology diploma programs. This fee is collected locally and the funds are distributed in financial aid awards. The current rule prescribes the accounting and reporting procedures for this revenue collection and provides student eligibility requirements. The amendment to the rule removes all references to the obsolete term “vocational” and updates the reporting requirements for information on student awarded financial aid from this funding source and revenue collection.

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: Districts may assess financial aid fees for students enrolled in career certificate and applied technology diploma programs. This fee is collected locally and the funds are distributed in financial aid awards to students with financial need. Districts report financial and student level information on these awards to the Department of Education. None of these amendments will require districts to change their current practices nor will there be any costs or additional fees associated with the rule amendment. Based upon past experiences with this rule and the nature of the amendments, there is not expected to be any economic impact, adverse impact on business competitiveness or increase in regulatory costs as a result of the changes and is not expected to require legislative ratification.

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), 1009.22 FS.

LAW IMPLEMENTED: 1009.22, FS.

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

DATE AND TIME: September 23, 2016, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Room, Tampa, Florida 33607.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Bureau Chief, Division of Career and Adult Education, 325 West Gaines Street, suite 744, Tallahassee, Florida 32399-0400; phone: [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.036 District Workforce Education Fee Generated Adult and Vocational Student Financial Aid Fee.

Districts shall assess each fee non-exempt vocational and adult student a financial aid fee equal to ten (10) percent of the student’s required fee amount.

(1) All financial aid fees collected from the optional financial aid fee authorized in section 1009.22(5), F.S., shall:

(a) Be deposited in the district’s Financial Aid Fee Trust Fund. Revenue in this fund is to be used to pay in full or in part the fees of persons with demonstrated financial need. Funds used to pay students’ fees shall be transferred from the Financial Aid Fee Trust Fund to the district’s General Fund. Districts may implement an alternative accounting procedure in which financial aid fees are recorded in a discrete General Fund account which is subsequently reduced as these monies are used to pay course fees.

(b) Be used to pay in full or in part the fees of eligible students as quickly as possible. Funds not needed to pay fees may be carried forward for use in the following fiscal year.

(2) A student applying for adult and vocational student financial aid must be a Florida resident and must complete a Pell Grant application. Districts shall use the Pell Grant assessment of the financial need in establishing criteria and procedures for approving financial aid fee awards waivers.

(3) Districts shall be required to report on students who were awarded financial aid from this fee through the Department’s Comprehensive Management Information System, as prescribed in Rule 6A-1.0014, F.A.C. The Division of Applied Technology and Adult Education shall prescribe an annual report format in which each district shall provide sufficient detail necessary to evaluate the effectiveness of this financial aid program. The annual report shall include at least the following:

(a) Criteria used to determine student eligibility for financial aid fee payments, the amount and number of payments in full or part by type of student.

(b) Student demographic data as required by the Commissioner. The data requirements will be limited to data contained in the Division of Public Schools, Student and Staff Data Base.

(c) Financial data on:

1. Amount of financial aid fees collected during the fiscal year;

2. Amount of financial aid fees paid; and,

3. Balance of financial aid fees unused or unobligated at the end of the fiscal year and carried forward to the next fiscal year.

(4) All financial aid fee revenue shall be reported in the district’s annual financial report, as prescribed in Rule 6A-1.0071, F.A.C.

(5) Districts shall be required to collect and provide to the Department of Education on request an annual report of financial aid fee data to include the following:

1. Amount of financial aid fees collected during the fiscal year;

2. Amount of financial aid fees paid; and,

3. Balance of financial aid fees unused or unobligated at the end of the fiscal year and carried forward to the next fiscal year.

Rulemaking Authority 1001.02(1), 1009.22 229.053(1) FS., Proviso Language, paragraph 11, Specific Appropriation 509, Chapter 91-193, Laws of Florida. Law Implemented 1009.22, F.S. Proviso Language, paragraph 11, Specific Appropriation 509, Chapter 91-193, Laws of Florida. History–New 8-19-91, Amended

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Chancellor, Career and Adult Education.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 15, 2016