The purpose of the proposed rulemaking is to amend the requirements in rule to align with statutory requirements under the scholarship program. The effect will be a rule which is consistent with governing law.

DEPARTMENT OF EDUCATION
State Board of Education

Rule No.: RULE TITLE
6A-20.027: Rosewood Family Scholarship Fund
PURPOSE AND EFFECT: The purpose of the proposed rulemaking is to amend the requirements in rule to align with statutory requirements under the scholarship program. The effect will be a rule which is consistent with governing law.
SUMMARY: The 2009 Florida Legislature amended Section 1009.55, Florida Statutes, to restrict program eligibility to direct descendants of the Rosewood Family. The proposed rule change is to align the rule with current statute. In addition, language is proposed to align renewal requirements with other state scholarships and grants.
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), 1009.55(2) FS.
LAW IMPLEMENTED: 1009.402, 1009.55 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 21, 2010, 9:00 a.m.
PLACE: The Florida Capitol, 400 South Monroe, Room LL03, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott at [phone] or email: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Programs, Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.027 Rosewood Family Scholarship Fund.

(1) General eligibility criteria for awards. To receive aid, a student shall meet the provisions of Sections 1009.40, 1009.42, and 1009.55, F.S., and Rules 6A-20.001 and 6A-20.0371, F.A.C., and:

(a) Be a direct descendent of the Rosewood Family minority individual belonging to one (1) of the following race/ethnic categories: Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan native.

(b) through (3) No change.

(4) Restoration and reinstatement awards. A student who failed to earn the minimum number of credit or clock hours required for renewal, or who failed to meet the requirements for renewal of a probationary award, is eligible to apply for restoration after one (1) academic year if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought. A student who met the requirements for a renewal award but did not receive an award during a full year of eligibility and wishes to reestablish use of the scholarship may apply for reinstatement in any subsequent year provided that the student has earned a cumulative grade point average of 2.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought.

(5) through (7) No change.

(8) Award procedures. The Department will make awards based on the annual appropriation, not to exceed twenty-five (25) scholarship awards per year.

(a) A direct descendant of an African-American Rosewood family is an applicant whose ancestor is a member of a family identified as an affected Rosewood resident as provided in Section 1009.55, Florida Statutes. The applicant shall provide the Department proof sufficient to establish eligibility as a Rosewood descendant as defined by this rule. The Department may verify eligibility by using records already in possession of the State of Florida. Among eligible Rosewood family descendant applicants:

(b) Among eligible Rosewood family descendant applicants: Other minority applicants. If awards remain after all eligible applicants who are direct descendants of Rosewood families have received awards, all other eligible minority applicants will be divided into renewal, initial and reinstatement applicants. Among eligible minority applicants:

1. First priority will be given to renewal applicants. First priority for awards will be given to renewal applicants. If the number of awards remaining is insufficient to award all renewal applicants, they will be ranked and selected by the least family contribution as specified on the need analysis report. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

2. Second priority for awards will be given to initial applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of the application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection. Second priority for awards will be given to initial applicants. If the number of awards remaining is insufficient to award all initial applicants, they will be ranked and selected using the procedures specified in subparagraph (8)(a)2., of this rule.

3. Third priority for awards will be given to reinstatement applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of the application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection. Third priority for awards will be given to reinstatement applicants. If the number of awards remaining is insufficient to award all reinstatement applicants, they will be ranked and selected using the procedures specified in subparagraph (8)(a)3., of this rule.

4. Fourth priority for awards will be given to restoration applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of the application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

(9) through (10) No change.

Rulemaking Specific Authority 1001.02(1), 1009.55(2) FS. Law Implemented 1009.402, 1009.55 FS. History–New 10-30-94, Amended 10-15-02, 9-22-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner for Finance and Operations
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 13, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2010