In 2022, House Bill (HB) 45 created section 295.011, Florida Statutes (F.S.), to establish a fee waiver for disabled veterans who are enrolled in a postsecondary program and receive educational assistance under the GI Bill, ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.0451Tuition and Fee Waivers for Disabled Veterans

PURPOSE AND EFFECT: In 2022, House Bill (HB) 45 created section 295.011, Florida Statutes (F.S.), to establish a fee waiver for disabled veterans who are enrolled in a postsecondary program and receive educational assistance under the GI Bill, but who do not qualify for the 100 percent eligibility tier federally. Beginning in 2022-23, these students are eligible to receive a waiver in the amount that is the difference between the portion of tuition and fees authorized under federal law and the full amount of tuition and fees charged by the institution attended. The purpose and effect of the proposed rule is to set forth the documentation needed to establish eligibility for the waiver, to provide notice of who and where information about the waivers must be provided to the Florida Department of Education, and to provide notice about limits on eligibility for the waiver.

SUMMARY: Tuition and fee waivers for disabled veterans at school district career centers, charter technical career centers, and Florida College System institutions.

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: Implementation of the proposed rule is not expected to have any adverse economic impact and costs of administration will be absorbed by current staff. No requirement for a SERC was triggered under s. 120.541(1), F.S., and the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in s. 120.541(2)(a), F.S., and 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: 295.011(2)(b), 1001.02(1) , F.S.

LAW IMPLEMENTED: 295.011(2)(b), F.S.

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

DATE AND TIME: October 20, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Dr., Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shanna Autry, Director, Student Affairs, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-10.0451 Tuition and Fee Waivers for Disabled Veterans.

(1) Waiver. Each Florida College System institution’s district board of trustees, each district school board with a career center authorized under section 1001.44, F.S., and each board of directors for a charter technical career center authorized under section 1002.34, F.S., shall adopt and implement policies or procedures that waive tuition and fees for eligible disabled veterans. As used in this section, the term “disabled veteran” means an individual who is a resident of this state pursuant to section 1009.21, F.S., and is:

(a) Determined by the United States Department of Veterans Affairs to have a service-connected one-hundred (100) percent total and permanent disability rating for compensation;

(b) Determined to have a service-connected total and permanent disability rating of one-hundred (100) percent and is in receipt of disability retirement pay from any branch of the United States Armed Services; or

(c) Issued a valid identification card by the Department of Veterans Affairs in accordance with section 295.17, F.S. that shows eligibility for any benefit provided by state law for one-hundred (100) percent, service-connected permanently and totally disabled veterans.

(2) Eligibility. Each institution must determine and verify student eligibility, including any necessary documentation to demonstrate eligibility. Evidence of eligibility must include:

(a) Documentation of Service and Separation. Such documents may include, but are not limited to:

1. DD-214, “Certificate of Release or Discharge from Active Duty;” or

2. Retirement or separation orders; or

3. Official statement from military personnel records center.

(b) Documentation of Compensable Service-Connected Disability. Such documents may include, but are not limited to:

1. An official document from the Department of Veterans Affairs or an Armed Forces branch certifying the one-hundred (100) percent total and permanent service-connected disability rating; or

2. An official document or retired orders from an Armed Forces branch showing that the veteran was retired due to a service-connected disability or has been transferred to a Disability Retirement List with a one-hundred (100) percent total and permanent service-connected disability rating.

(c) Documentation of the portion of tuition and fees paid in accordance with federal law. Such documents may include, but are not limited to:

1. A Veteran Affairs Award Letter showing a one-hundred (100) percent total and permanent service-connected disability rating and the portion of tuition and fees paid in accordance with federal law.

2. An official document from the Department of Veterans Affairs showing the portion of tuition and fees paid in accordance with federal law.

(3) Waiver Implementation. Pursuant to section 295.011, F.S., beginning with the 2022-2023 academic year, a disabled veteran enrolled in a program of education approved for educational assistance under 38 U.S.C. s. 3313 who meets the eligibility criteria of subsection (2) and who does not qualify for the one-hundred (100) percent eligibility tier under federal law is eligible to receive a waiver for tuition and fees.

(a) The waiver amount is equal to the difference between the portion of tuition and fees paid in accordance with federal law and the full amount of tuition and fees at the institution attended. The amount waived by the institution is not to be determined until after the application of federal benefits under 38 U.S.C. s. 3313 and the application of federal or state scholarships and grants received by the student.

(b) Each Florida College System institution’s board of trustees, each district school board with a career center authorized under section 1001.44, F.S., and each board of directors for a charter technical career center authorized under section 1002.34, F.S., shall report to the State Board of Education the number and value of all fee waivers granted annually.

(c) All students receiving benefits under this rule must be enrolled according to the customary rules and requirements and comply with the ordinary and minimum requirements of the institution attended.

(4) Pursuant to section 1009.285, F.S., a student will be required to pay tuition at one-hundred (100) percent of the full cost of instruction upon the third attempt of a course unless the Florida College System institution has granted an exception due to extenuating circumstances.

Rulemaking Authority 295.011(2)(b) FS. Law Implemented 295.03, 295.05, 295.011 FS. History‒New

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shanna Autry, Director, Student Affairs.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 7, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2022