The purpose of this rule amendment is to clarify terms and processes in the existing rule relating to the Florida Bright Futures Scholarship Program, as outlined in the summary below, and to update the rule based on statutory changes. The effect ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-20.028Florida Bright Futures Scholarship Program.

PURPOSE AND EFFECT: The purpose of this rule amendment is to clarify terms and processes in the existing rule relating to the Florida Bright Futures Scholarship Program, as outlined in the summary below, and to update the rule based on statutory changes. The effect will be a rule that is transparent, efficient, and consistent with governing law.

SUMMARY: Amendments are made to remove language that requires students to file a free application for Federal Student Aid to receive funding; clarify enrollment hour requirements to specify semester credit hours or quarter credit hours; provide a statutory reference for the military assignment definition; specify acceptable proof of public service assignment; add processes for mid-year graduate evaluation; clarify initial academic criteria for world language; delete reference to the College Preparatory Test (CPT) and add reference to the Florida Postsecondary Education Readiness Test (PERT) testing requirement; clarify timeframe for student request of department re-evaluation; clarify mis-advisement processes for high schools; provide clarification of program length required by legislative changes; clarify public high school counseling responsibilities; and delete reference to U.S. citizenship eligibility requirement and specify that Florida residency is determined according to Section 1009.21, Florida Statutes.

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 following revisions are required by law, and there are no costs associated with this rule revision: removal of requirement for students to file a Free Application for Federal Student Aid; reference to the Florida Postsecondary Education Readiness Test (PERT) in lieu of the College Preparatory Test (CPT); clarification of program length; high school counseling requirements; and deletion of reference to U.S. citizenship eligibility requirements and specification that Florida residency is determined according to Section 1009.21, F.S. The following revisions are procedural or technical in nature, are added to clarify terms or processes relating to the Florida Bright Futures Scholarship Program, and add no cost to complying with the rule: clarifying enrollment hour requirements to specify semester credit or quarter credit hours; providing a statutory reference to define military service; specifying acceptable proof of public service assignment; adding processes for mid-year graduate evaluation; clarifying timeframe for student to request department re-evaluation; and clarifying mis-advisement processes for high school.

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: 100.02(1), 1009.53(3) FS.

LAW IMPLEMENTED: 1009.40, 1009.42, 1009.43, 1009.53, 1009.531, 1009.532, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538 FS.

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

DATE AND TIME: October 15, 2013, 9:00 a.m.

PLACE: Tampa, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org)

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Levis Hughes, Bureau Chief, Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-20.028 Florida Bright Futures Scholarship Program.

(1) General eligibility requirements. To receive an initial or renewing Florida Bright Futures Scholarship Program award a student shall:

(a) Not have previously received a recognized baccalaureate degree. A degree is recognized if it is acceptable for purposes of transferring credits to a Bright Futures-eligible institution.

(b) File annually a complete and error-free Free Application for Federal Student Aid (FAFSA) (http://www.fafsa.ed.gov/) which results in a valid Expected Family Contribution (EFC), in accordance with Section 1009.531(7), F.S.

(b)(c) Be enrolled in an eligible Florida postsecondary institution in a degree, certificate, or applied technology program of study.

(c)(d) Be enrolled in a minimum of six (6) semester credit hours, or equivalent quarter or clock credit hours, per term.

(2) Military and public service assignment. For purposes of eligibility, in accordance with Section 1009.531(1)(b)2., F.S.:

(a) Military assignment is defined as active duty assignment, as defined in Section 250.01, F.S.

(b) Public service assignment is defined as the occupational assignment of a Florida resident employed by the United States Government or State of Florida, who as a condition of initial public service employment is relocated from Florida to work outside the State of Florida. A student whose parent or guardian is on public service assignment may reside with either a natural parent or another adult designated by either natural parent or guardian. Acceptable proofs of public service assignment are the Request Authorization for Department of Defense Civilian Permanent Duty or Temporary Change, DD Form 1614, and State of Legal Residence Certificate, DD Form 2058.

(3) Initial eligibility requirements.

(a) through (c)2. No change.

3. Students who intend to graduate high school mid-year must file the FFAA-1, Florida Financial Aid Application for Students, by the August 31prior to the student’s graduation, and meet all Bright Futures academic requirements provided in Florida Statutes. A mid-year high school graduate seventh semester evaluation includes completed spring coursework and grades, fall coursework in progress, community service hours, and test scores for test dates through the end of June. A mid-year high school graduate eighth semester evaluation includes all coursework and grades through fall semester of high school graduation, community service hours, and test scores for test dates through the end of January and a graduation date from an official standard diploma or its equivalent.

4. A student’s initial year of eligibility is defined as the first academic year immediately following high school graduation or its equivalent, whether funded or not.

(d) A home-educated student applying for a Florida Academic Scholars aAward under Section 1009.534, F.S., must complete community service hours that meet the following requirements during high school and by high school graduation:

1. through 3. No change.

(e) A candidate for initial eligibility for the scholarship may be evaluated following the seventh semester in high school based on his/her grade point average (GPA) in completed courses and in courses- in-progress with up to one (1) credit per required academic unit as outlined in subparagraph (3)(g)1. of this rule, as specified in Rule 6A-1.09441, F.A.C. If this student is found eligible, the student will not be re-evaluated for the same award and will not lose the award unless the student does not earn a standard high school diploma or its equivalent from a Florida public or FDOE registered private high school, or has committed a felony as defined in paragraph (3)(b) of this rule. An eligible seventh semester student will be re-evaluated on an eighth semester final transcript to validate high school graduation with a standard diploma and only may improve his/her award if applicable upon eighth semester information.

(f) No change.

(g) Initial Academic Criteria:

1. For the purposes of student eligibility, in accordance with Sections 1009.534(1)(a) and 1009.535(1)(a), F.S., coursework must include a minimum of four (4) credits in English, four (4) credits in mathematics, three (3) credits in science, three (3) credits in social science, and two (2) credits in the same world foreign language, unless the student has a credit in a world language completer course.

a. Required coursework, as listed in the Course Code Directory, as incorporated in Rule 6A-1.09441, F.A.C., and, therefore, approved by the State Board of Education for initial eligibility for the Florida Academic Scholars or Florida Medallion Scholars awards, includes the minimum college preparatory academic courses as required for state university system admissions and outlined in the Florida Counseling for Future Education Handbook (http://www.flvc.org/flvc/portal/Home_Page/Advising_Manuals/Counseling_for_Future_Education_Handbook/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3iDEEtPfx9TQwN3Sz8DA093C38_M19_A393E30_j_zcVP2CbEdFAEEoyco!/) (http://facts23.facts.org/florida/facts/Home_Page/Counselors_and_Educators/Advising_Manuals/ Counseling_for_Future_Education_Handbook/).

b. through c. No change.

d. A student must earn at least the minimum standardized Critical Reading and Math scores on the SAT Reasoning Test or equivalent combined composite, excluding the writing section, or the minimum standardized scores on the ACT, either administered at a national test site by January 31st for seventh semester evaluation or by June 30th for eighth semester evaluation of the student’s last year in high school, as identified for each award level specified in Section 1009.531(6), F.S. ACT scores are rounded up for scores with .5 and higher; SAT scores do not require rounding. Sections of the SAT or ACT from different test dates may be used to meet the test criteria, but test types cannot be mixed.

2. For purposes of meeting the requirements of a passing score on the college entry level placement test or its equivalent, in accordance with Section 1009.536, F.S., a student applying for the Florida Gold Seal Vocational Scholars award must earn at least the minimum qualifying subtest scores from the Florida Postsecondary Education Readiness Test (PERT)CPT, SAT, or ACT, as specified in Rule 6A-10.0315, F.A.C. Sections of the PERT CPT, SAT, or ACT from different test dates may be used to meet the test criteria, but test types cannot be mixed.

(h) For the purposes of student eligibility, in accordance with Section 1009.531(5), F.S., a student who wishes to qualify for any Bright Futures Scholarship award but does not meet all of the requirements may receive the award if the principal of the student’s school or the district superintendent verifies on letterhead that deficiencies are due to caused by school personnel providing error of inaccurate or incomplete information. The public or private high school principal or public school district will allow the student to correct the deficiencies and the public or private high school principal or public school district will provide an updated high school transcript as if necessary. The student is required to submit official postsecondary transcript(s) to the FDOE with any postsecondary coursework taken to satisfy deficiencies. The student FDOE must complete receive all requirements required documentation of deficiencies for re-evaluation by December 31 of the student’s spring high school graduation year, or June 30 of the student’s mid-year high school graduation year, and FDOE must receive all required documents postmarked within thirty (30) days of December 31 or June 30 of the student’s high school graduation year.

(4) Academic Top Scholars awards.

(a) No change.

(b) To be designated an Academic Top Scholar, a student must have:

1. Attended any public school or FDOE public or registered private high school, or be home-educated or a GED student who has completed the minimum required coursework as listed in subparagraph (3)(g)1., of this rule, and earned a standard high school diploma, or the equivalent, during the last year of high school.

2. Met eligibility requirements for an initial Florida Academic Scholars award; and

3. Received funding for an initial Florida Academic Scholars award at an eligible Florida postsecondary institution during the first term of the academic year in which the student was initially eligible; and

4. Been the highest-ranked Florida Academic Scholars award recipient in the Florida school district where the student last attended and graduated from high school. For this determination, Florida Academic Scholars award recipients will be ranked by the FDOE on the basis of the product of their Florida Bright Futures cumulative GPA, calculated on the minimum college preparatory academic courses as listed in subparagraph (3)(g)1., of this rule and their best combined SAT or composite ACT test score as reported for their Florida Academic Scholars eligibility.

(c) through (5)(b) No change.

1. Florida Academic Scholars renewal award requires a 3.0 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours. If a Florida Academic Scholar earns a GPA less than a 3.0 but equal to or greater than a 2.75, he/she renews as a Florida Medallion Scholar.

2. Florida Medallion Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours.

3. Florida Gold Seal Vocational Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours.

4. No change.

5. For the purposes of eligibility, in accordance with Section 1009.40(1)(b)4., F.S., a student who does not earn either the required renewal GPA and/or hours for renewed status may still be renewed if granted an exception from the academic requirements. A student must submit an institutional 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.

(c) Academic Eeligibility criteria for a reinstated award shall be determined if the student did not receive scholarship funding for the last academic year during which the student was eligible. The 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. A student who enlists in the United States Armed Forces as referenced in Section 1009.531(2) F.S., and submits 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, must also submit to the FDOE via U.S. mail proof of all active-duty assignments from high school graduation through the date of the requested reinstatement year. Acceptable proof of active-duty assignment(s) is the Department of Defense Certificate of Release or Discharge from active-duty, the DD Form 214.

(d) Academic eligibility criteria for a restored award shall be evaluated at the end of the summer or second semester/third quarter each academic year thereafter.

1. For the student who graduated high school in 2008-09 or earlier, an award may be restored for the student who has earned an with insufficient GPA and/or insufficient hours. The 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. A student may earn and be funded in an eligible restored status one-time only. In addition to applying for restoration, the student is responsible for ensuring submission of verification from the last institution attended as a degree- or certificate-seeking student. The institutional cumulative GPA and/or hours earned, as defined in subparagraph (5)(b) of this rule, as reported by the last institution attended, will determine the student’s eligibility to be restored based on the minimum academic program renewal requirements.

2. For the student who graduated high school in 2009-10 and thereafter, the award may be restored for the student who has earned an with insufficient GPA at the end of after the first year of funding only. The 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, or by September 30 for a spring/summer student as outlined in paragraph (6)(c) of this rule. A student may earn and be funded in an eligible restored status one-time only. In addition to applying for restoration, the student is responsible for ensuring submission of verification from the last institution attended as a degree- or certificate-seeking student. The institutional cumulative GPA, as defined in subparagraph (5)(b) of this rule, as reported by the last institution attended, will determine the student’s eligibility to be restored based on the minimum academic program renewal requirements.

3. through (6)(b) No change.

(c) A spring/summer student, referenced in paragraph (5)(b) of this rule, is not eligible to receive a maximum of two (2) semesters (or the equivalent) of funding during one (1) academic year for fall funding at any institution. Students funded in the fall prior to their initial enrollment in the spring/summer cohort class, will be limited to two (2) semesters, fall plus spring or summer funding, during their first cohort year.

(7) Program Length.

(a) The student who graduated from high school in 2011-12 and earlier must receive award funding in at least one (1) term within the first three (3) academic years following his/her high school graduation to be eligible for maximum program funding. The student who graduates from high school in 2012-13 and thereafter must receive award funding in at least one (1) term within the first two (2) academic years following his/her high school graduation to be eligible for maximum program funding.

(b) through (c) No change.

(d) In accordance with Section 1009.5341, F.S., a Florida Academic Scholar or Florida Medallion Scholar who graduated in the 2010-2011 academic year and thereafter and has earned a first baccalaureate degree within seven (7) semesters or 105 credit hours of funding, may receive Bright Futures funding for one (1) semester up to fifteen (15) of the student’s unused semester or equivalent hours, at the undergraduate rate, for up to seven (7) or five (5) years after high school graduation, dependent upon his or her high school graduation year, if the student enrolls in a graduate degree program at a Bright Futures-eligible institution.

(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 State of Florida high school equivalency diploma (FDOE authorized GED), home education, or out-of-state high school, Florida residency, as defined in Section 1009.21, F.S., and Rule 6A-10.044, F.A.C., which is incorporated by reference herein, which includes U.S. citizenship or eligible non-citizenship, the number of non-remedial hours enrolled, degree- or certificate-seeking status, eligible maximum program hours, default status, and repayment status and completion of an error-free FAFSA.

(c) Forgiveness hours, those credit hours that the institution allows a student to retake for forgiveness of quality points and that are part of the student’s program of study, are to be funded. Once funded, course hours successfully completed in forgiveness courses must be reported as hours earned in the FDOE, OSFA Grade and Hours Report consistent with Rule 6A-20.002, F.A.C.

(d) Florida public school districts shall:

1. Submit transcripts for all students in ninth through twelfth grade to the FDOE High School transcript database three (3) times a year in order to annually provide complete and accurate Florida Bright Futures Scholarship evaluation information.

2. Submit transcript, community service hours, and eligibility criteria data by deadlines established by the FDOE.

3. Actively participate in counseling high school students toward Florida Bright Futures Scholarship requirements in compliance with Sections 1009.531(4) and (5), F.S.

(e) Florida eligible non-public secondary schools must, in order to annually maintain eligibility to participate in the Florida Bright Futures Scholarship Program:

1. Register as a non-public high school via the Private Annual School Survey (http://www.floridaschoolchoice.org/Information/Private_Schools/annual_survey_info.asp) with the FDOE.

2. Submit scholarship required courses, community service hours, and other eligibility criteria data as requested for all students in ninth through twelfth grades to the FDOE, via the Online Transcript Entry and Evaluation System (http://www.floridastudentfinancialaid.org.)

Rulemaking Authority 1001.02(1), 1009.53(3) FS. Law Implemented 1009.40, 1009.42, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.537, 1009.538 FS. History–New 5-10-12, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Division of Finance and Operation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 13, 2013