Align the rule with sections 1009.531, 1009.532, 1009.534, 1009.535 and 1009.536, F.S., as amended by the 2016 Florida Legislature making it consistent with governing law.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-20.028Florida Bright Futures Scholarship Program.

PURPOSE AND EFFECT: Align the rule with sections 1009.531, 1009.532, 1009.534, 1009.535 and 1009.536, F.S., as amended by the 2016 Florida Legislature making it consistent with governing law.

SUMMARY: Expand public service assignment documentation to include the Request and Authorization for Temporary Duty Travel of Department of Defense Personnel. Replace “community service hours” with the phrase “volunteer hours.” Remove irrelevant references to home-educated and high school graduation from the GED portion of the rule. Refer to the Florida Board of Governors Regulation 6.002 and replace new Scholastic Aptitude Test (SAT) section titles. Incorporate the newly created Form RSOR-01, Religious or Service Obligation Reporting Form, for students engaged in religious or federal government service obligations. Remove outdated references to early admissions and 2011-12 reinstatement requirements; update references to the Private Schools Annual Survey.

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. This amendment will not 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), 1009.53(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, 1009.538, FS.

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

DATE AND TIME: October 26, 2016, 10:00 a.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida

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

 

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

(c) 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 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) or Request and Authorization for Temporary Duty Travel of Department of Defense Personnel (DD Form 1610), and State of Legal Residence Certificate, (DD Form 2058). A copy of DD Form 1610, DD Form 1614, and DD Form 2058 may be obtained from the Department of Defense website at http://www.dtic.mil/whs/directives/forms/index.htm.

(3) Initial eligibility requirements.

(a) through (b) No change.

(c) For the purposes of initial eligibility, in accordance with Section 1009.531(1), F.S.:

1. A Florida public or private high school graduate, GED recipient, or home-educated student whose high school graduation date is no later than August 31 will be initially eligible for the fall term after the spring of the year of graduation.

2. The student must file the FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., and meet all Bright Futures academic requirements provided in Florida Statutes. A copy of Form FFAA-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or online at http://www.floridastudentfinancialaid.org/SSFAD/home/uamain.htm.

3. Students who intend to graduate high school mid-year must file the FFAA-1, Florida Financial Aid Application for Students, by the August 31 prior 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, volunteer 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, volunteer 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 award under Section 1009.534, F.S., must complete volunteer community service hours that meet the following requirements during high school and by high school graduation:

1. Volunteer Community service hours may not be hours that benefitted the student financially or materially, or be service to family members defined as: parents, grandparents, siblings, aunts, uncles, cousins, nieces, nephews, and spouses, including aforementioned step relations.

2. The agencies where the volunteer community service hours were earned must provide on agency letterhead documentation of the number of hours and dates of service completed.

3. The documented hours must be submitted by the student’s district where the student is registered for the 11th and 12th grades as a home-educated student.

(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. Courses-in-pProgress may include up to one (1) credit per required academic unit as outlined in subparagraph (3)(g)1. of this section, 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) GED and home-educated candidates for initial eligibility for the scholarship may be evaluated following the eighth semester in high school based on a cumulative GPA in all required courses that have been completed prior to GED testing or high school graduation, as specified in Rule 6A-1.09441, F.A.C.

(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 completion of the foreign language component of the scholar designation pursuant to Section 1003.4285, F.S.

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 Board of Governors Regulation 6.002 Admission of Undergraduate First-Time-in-College, Degree-Seeking Freshmen.  A copy of the Florida Board of Governors Regulation 6.002 may be obtained online at http://www.flbog.edu/about/regulations/regulations.php.

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!/).

b. A student may use up to two (2) additional academic college preparatory course credits from the Course Code Directory, as incorporated in Rule 6A-1.09441, F.A.C., and/or from fine arts courses in Advanced Placement, International Baccalaureate, or Advanced International Certificate of Education programs to raise the GPA.

c. The GPA on a 4.0 scale shall be computed to two (2) decimals and shall not be rounded. Additional weighting is applied for all courses in level three (3) and above as outlined in the Course Code Directory.

d. A student must earn at least the minimum standardized Evidenced-based Reading and Writing Critical Reading and Math scores on the SAT Reasoning Test or equivalent combined composite, excluding the Essay writing section, or the minimum standardized scores on the ACT, either administered at a national test site by January 31 for seventh semester evaluation or by June 30 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), SAT, or ACT, as specified in Rule 6A-10.0315, F.A.C. Sections of the PERT, 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 school personnel providing inaccurate or incomplete information. The private high school may and the public school district shall allow the student to correct the deficiencies and the principal or school district will provide an updated high school transcript as necessary. The student is required to submit official postsecondary transcript(s) to the FDOE with any postsecondary coursework taken to satisfy deficiencies. The student must complete all requirements by December 31 of the student’s high school graduation year.

(4) No change.

(5) Renewing Academic Criteria.

(a) through (c) No change.

(d) A student who engages in a full-time religious or federal government service obligation as referenced in Section 1009.531(2), F.S., and submits Form FFAA-3 by May 30 of the year the student is seeking funding must also provide documentation of the service obligation. The student must submit to the FDOE Form RSOR-01, Religious or Service Obligation Reporting Form, to document the service obligation from high school graduation through the date of the requested reinstatement year. Form RSOR-01 is hereby incorporated by reference (DOS link) and made a part of this rule to become effective November 2016. A copy of Form RSOR-01 and Form FFAA-3 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or online at http://www.floridastudentfinancialaid.org/SSFAD/home/uamain.htm.

(e) (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 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 paragraph (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.

1. 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 insufficient GPA at the end of 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 paragraph (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. 3. A Florida Medallion Scholar who initially was awarded as a Florida Academic Scholar who earns a GPA of 3.0 or above, may restore as a Florida Academic Scholar utilizing the one-time only restoration.

(6) No change.

(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) A student who graduated from high school in 2009-10 and earlier may receive funding up to seven (7) years from high school graduation or a first baccalaureate degree, whichever comes first. A student who graduates from high school in 2010-11 and thereafter may receive funding up to five (5) years from high school graduation or a first baccalaureate degree, whichever comes first.

(c) An early admission student under Section 1009.531(1)(b)1., F.S., repealed 2008, determined initially eligible prior to January 1, 2008, has seven (7) years from his or her initial eligible year to receive funding for the scholarship or a first baccalaureate degree, whichever comes first.

(c) (d) In accordance with Section 1009.5341, F.S., a Florida Academic Scholar or Florida Medallion Scholar who graduated in the 2010-11 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) through (c) No change.

(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, volunteer community service hours, and eligibility criteria data by deadlines established by the FDOE.

(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.fldoe.org/schools/school-choice/private-schools/annual-survey.stml http://www.floridaschoolchoice.org/Information/Private_Schools/annual_survey_info.asp) with the FDOE.

2. Submit scholarship required courses, volunteer 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, 1009.538 FS. History–New 5-10-12, Amended 1-1-14,                            .

 

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: September 15, 2016

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