No. 40915 (Repeal): Rule R765-606. Utah Leveraging Educational Assistance Partnership Program

(Repeal)

DAR File No.: 40915
Filed: 10/26/2016 12:17:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Leveraging Educational Assistance Partnership (LEAP) Program was a federally-funded program administered at the state level. This program is no longer funded, and has not been funded for the past six years. Since the program has ceased be be used because of the curtailment of federal funds, the existence for this rule is no longer needed.

Summary of the rule or change:

Rule R765-606 is the rule covering the Utah LEAP Program. It incorporates by reference federal statutes and regulations governing this program which awards grants to eligible students attending public or private non-profit institutions of higher education or public postsecondary vocational institutions. It becomes necessary to repeal this rule in its entirety because the program is no longer funded.

Statutory or constitutional authorization for this rule:

• 34 CFR Parts 600, 668, and 692
• Section 53B-7-103
• 20 U.S.C. Ch. 28, Subchapter IV, Part F

Anticipated cost or savings to:

the state budget:

The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a cost or savings for the state budget.

local governments:

The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a cost or savings for local governments.

small businesses:

The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a cost or savings for small businesses. This program never affected any type of businesses.

persons other than small businesses, businesses, or local governmental entities:

Since this rule pertains to a federal program that has not been funded for the past six years, there will be no cost or savings to any individual upon the elimination of this rule.

Compliance costs for affected persons:

The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a compliance cost for affected persons since there are no affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no fiscal impacts on any kind of business by the program for which this rule is associated nor the repeal of this rule.

David Feitz, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Regents (Board Of)
Administration
BOARD OF REGENTS BUILDING, THE GATEWAY
60 SOUTH 400 WEST
SALT LAKE CITY, UT 84101-1284

Direct questions regarding this rule to:

• Ronell Crossley at the above address, by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2016

This rule may become effective on:

01/15/2017

Authorized by:

Dave Buhler, Commissioner of Higher Education

RULE TEXT

R765. Regents (Board of), Administration.

[R765-606. Utah Leveraging Educational Assistance Partnership Program.

R765-606-1. Purpose.

To provide for the Leveraging Educational Assistance Partnership Program and incorporate by reference Federal statutes and regulations governing this program which awards grants to eligible students attending public or private non-profit institutions of higher education or public postsecondary vocational institutions.

 

R765-606-2. References.

2.1. Utah Code Section 53B-7-103 (Board Designated State Educational Agent for Federal Contracts and Aid).

2.2. Higher Education Act of 1965, as amended (i.e. U.S. Code Title 20, Chapter 28, Subchapter IV, Part F).

2.3. 34 CFR Parts 600, 668 and 692.

2.4. Education Department General Administration Regulations (EDGAR).

 

R765-606-3. Definitions.

3.1. "Academic Year" - A period as determined by the educational institution in accordance with U.S. Code Title 20, Chapter 28, Subchapter IV, Part F, Section 1088 to :

3.1.1. require a minimum of 30 weeks of instructional time in which a full-time student is expected to complete at least:

3.1.1.1. 24 semester or 24 trimester or 36 quarter hours at an institution that measures program length in credit hours, or

3.1.1.2. 900 clock hours at an institution that measures program length in clock hours.

3.2. "Award Year" - As defined in 34 CFR Part 600.2, namely, the period of time from July 1 of one year through June 30 of the following year.

3.3. "Decentralized Program" - A program which delegates certain functions and sub-allocates LEAP funds to participating institutions for approved awards to LEAP recipients which have been selected by the participating institutions.

3.4. "Full-time Student" - As defined in 34 CFR Part 692.4c, namely, a student carrying a full-time academic workload - other than by correspondence - as measured by both of the following: 1) Coursework or other required activities, as determined by the institution that the student attends or by the State. 2) Tuition and fees normally charged for full-time study by that institution.

3.5. "Full-time Equivalent Students" - A measure of annual instructional output calculated according to the following formulas:

3.5.1. For institutions that measure program length in quarter credit hours, the total number of undergraduate instructional credit hours attributed to the institution's fiscal year divided by 45, plus the total number of graduate instructional credit hours attributed to the institution's fiscal year divided by 30.

3.5.2. For institutions that measure program length in semester credit hours, the total number of undergraduate instructional credit hours attributed to the institutions fiscal year divided by 30, plus the total number of graduate instructional credit hours attributed to the institution's fiscal year divided by 20.

3.5.3. For institutions that measure program length in clock hours, the total number of instructional clock hours attributed to the institution's fiscal year divided by 792.

3.6. "Institution of Higher Education" - As defined in Section 101a of the Higher Education Act of 1965 as amended and 34 CFR Part 600.4.

3.7. "LEAP" - Leveraging Educational Assistance Partnership.

3.8. "Non-Profit" - As defined in 34 CFR Part 77.1 of EDGAR.

3.9. "Participating Institution" - A public or private non-profit institution of higher education or postsecondary vocational institution which has entered into a participation agreement with the UHEAA.

3.10. "Postsecondary Vocational Institution" - As defined in 34 CFR Part 600.6.

3.11. "SLEAP" - Special Leveraging Educational Assistance Partnership

3.12. "Substantial Financial Need" - The difference computed to equal or exceed $200 for an entire academic year between a student's cost of education (including tuition and fees; books and supplies; living expenses such as room and board, personal, miscellaneous, and transportation) and the student's sum of that student's expected family contribution and other student aid to be received.

 

R765-606-4. Policy.

Part I - Program Administration

4.1 State Board of Regents - The Utah State Board of Regents is the designated state agency for the LEAP program in the state of Utah. The responsibility for administration of the LEAP program has been assigned to the Utah Higher Education Assistance Authority (UHEAA). The Utah LEAP program is administered as a decentralized program.

4.2. Institutional Administration - The President of each institution shall be responsible for the administration of the LEAP program at the institutional level in compliance with Federal and state regulations. The institutional administration of the program may be delegated to the financial aid director or other appropriate institutional officers.

4.3. Fiscal Control and Fund Accounting - UHEAA shall provide fiscal control and fund accounting services for awards made under the program.

4.4. Governing Statutes and Regulations - UHEAA incorporates by reference the following Federal statutes and regulations:

4.4.1. The Higher Education Act of 1965, as amended ( i.e. U.S. Code Title 20, Chapter 28, Subchapter IV, Part F);

4.4.2. Final Regulations of the U.S. Department of Education (i.e., 34 CFR Parts 600, 668, and 692); and

4.4.3. Education Department General Administration Regulations (EDGAR)

4.5. State Agency Rules - UHEAA establishes, from time to time, agency rules governing the operation of the Utah LEAP Program in accordance with Federal requirements as referenced in 4.4.1, 4.4.2 and 4.4.3.

4.6. Statutes and Regulations Available - A copy of all Federal and state rules, regulations and statutes directly affecting the Utah LEAP Program can be obtained from UHEAA at the Board of Regents Building, The Gateway, 60 South 400 West, Salt Lake City, Utah 84101-1284.

Part II - Transfer of LEAP Federal Funds

4.7. Transfer of LEAP federal Funds - UHEAA shall:

4.7.1. have a separate account number assigned from the Office of the State Director of Finance for Federal LEAP funds.

4.7.2. ensure that the custodian of Federal funds is the State Treasurer, Utah State Capitol, Salt Lake City.

4.7.3. make disbursements of Federal funds through the State Disbursing Office, Finance Department, Utah State Capitol, Salt Lake City, Utah.

4.7.4. have the receiving and approving officer for Federal funds be the Administrator of the Utah LEAP Program, a UHEAA staff member.

Part III - Allocation of all Federal and State LEAP funds

4.8. Matching of Federal LEAP funds - The state matching funds for the LEAP program are appropriated by the Utah State Legislature to the State Board of Regents for the Utah LEAP program. The Federal funds shall be matched:

4.8.1. at a program level; and

4.8.2. at a level of at least fifty percent state funds to fifty percent Federal funds; and

4.8.3. at a level not less than the average annual aggregate expenditures for the preceding three fiscal years or the average annual expenditure per full-time equivalent student for such years.

4.9. Allocation of Federal and State LEAP Funds - UHEAA shall allocate Federal and state LEAP funds by using a formula based on the number of Utah resident, full-time equivalent students enrolled at each participating institution during the most recently completed fiscal year. The allocation of funds to a participating institution shall be in the same proportion to the total funds available to all Utah institutions as the number of resident, full-time equivalent students at the participating institution is to the total number of resident, full-time equivalent students at all participating institutions.

4.10 Inability of an Institution to Use the Full Allocation - When an institution indicates the inability to use its total allocation of LEAP Program funds in compliance with the guidelines during an award year, UHEAA may reallocate such excess funds to other eligible institutions within the state or provide for the Federal funds to be reallocated to other states through the U.S. Secretary of Education, as provided in the Federal regulations.

4.11. Disbursements - LEAP funds shall be disbursed by UHEAA on an as needed basis or just prior to the start of a new term. For institutions on a semester system this will be twice a year, for institutions on a quarter system this will be three times a year, for institutions operating on an open enrollment system this will be a minimum of three times a year.

4.12. Participation Agreement - The LEAP funds will be released to an institution upon receipt of a Participation Agreement signed by the President of the institution which certifies that the institution will follow all requirements of the program including the following;

4.12.1. The institution will maintain a separate account for Federal and state LEAP funds under this program.

4.12.2. LEAP funds allocated to institutions will be used only for direct financial assistance to students qualifying under the program.

4.12.3. LEAP funds allocated by UHEAA to support this program will not be transferred by the institution to other student aid programs.

4.12.4. LEAP funds not used by an institution will be returned to UHEAA within 30 days of the institution's determination that the funds will not be used and in no case later than 30 days before the end of the award year.

4.12.5. LEAP funds will not be disbursed to the student prior to the time the student completes registration.

4.12.6. The institution will maintain, on a current basis, adequate records sufficient to demonstrate that the program has been administered in accordance with the program requirements, to file a year-end report, to provide the Department of Education and UHEAA access to all records pertinent to the grant program, and provide student rosters to UHEAA upon request.

Part IV - Student Participation

4.13. President or Designee's Responsibilities - The President of each institution or the President's designee, as the institutional administrator shall:

4.13.1. accept applications for Utah LEAP program funds consistent with institutional policy as it relates to applications, and the provisions of the Act and regulations.

4.13.2. determine the student's eligibility for participation in the program on the basis of an annually documented substantial financial need, using the congressional methodology of needs analysis. If eligible applicants exceed available funding levels, awards will start with the most needy students who meet all other application requirements.

4.13.3. ensure that no student shall be excluded from participation in this program on the basis of sex, race, color, age, religion, handicap, national origin, marital status or other constitutionally or legally impermissible grounds.

4.14. Student Eligibility - To be eligible for a grant from the Utah LEAP Program, a student must:

4.14.1. be a Utah Resident as defined in the Utah code 53B-8-102.

4.14.2. be an eligible student as defined in Section 484 of the Higher Education Act of 1965, as amended, and 34 CFR Part 668.7.

Part V - LEAP Annual Limits

4.15. Maximum Annual Limit - A student may receive an LEAP award up to $2,500 for each award year for which the student is eligible for an LEAP award.

4.15.1. The maximum total grant under this program to any full-time student shall be $2,500 in any academic year.

4.15.2. Summer school awards are to be part of the student's $2,500 maximum.

4.15.3. LEAP awards shall be committed and disbursed before the end of the award year.

4.16. Estimated Cost of Attendance - In no case may the amount of the LEAP award exceed the student's estimated cost of attendance for the award period for which the grant is intended, less the sum of that student's expected family contribution and other student aid to be received.

4.17. Less than Full-time Students - At the discretion of the Financial Aid Officer, grant funds may be awarded to less than full-time students. Aid awarded to less than full-time students shall not exceed that proportion of $2,500 which the less than full-time student's academic work load bears to a full academic work load.

Part VI - Record Retention and Reporting

4.18. Record Retention and Reporting - The President of each institution or the President's designee, as the institutional administrator shall:

4.18.1. maintain adequate records to show the utilization of the LEAP program.

4.18.2. submit such reports and information as may be required by the U.S. Department of Education, UHEAA, or the Utah State Board of Regents in connection with the administration of the program.

4.19. Records to be Maintained - In accordance with 34 CFR Part 692.21, UHEAA requires a participating institution to retain complete and accurate records of each LEAP awarded, including the following:

4.19.1. The Federal student aid application;

4.19.2. A record of each disbursement of grant proceeds; and

4.19.3. Any additional records that are necessary to document the accuracy of reports submitted to UHEAA, the Utah State Board of Regents, or the U.S. Department of Education.

4.20. Records Retention - An institution shall retain the records required for each LEAP award for at least five years after the award is disbursed. The U.S. Secretary of Education, or the Administrator of the Utah LEAP program, may, in particular cases, require the retention of records beyond the three-year minimum period.

4.21. Records Organization - The records must be organized in such a way as to permit ready identification of the current status of each grant. The records specified in subsections 4.19.1 through 4.19.3 of this policy may be stored on microfilm or computer format.

4.22. Records Retention Violations - In the event the institution violates the record retention policy as outlined above, the administrator of the Utah LEAP program, may take such corrective action as is deemed necessary.

Part VII - SLEAP Program

4.23. Special Leveraging Educational Assistance Partnership (SLEAP) Program - SLEAP assists States in providing grants, scholarships, and community service work-study assistance to eligible students who attend institutions of higher education and demonstrate financial need.

4.24. Related Regulations and Definitions - The LEAP regulations and definitions listed above also apply to the SLEAP Program.

4.25. Program Requirements for the State - To receive SLEAP Program funds for any fiscal year, Utah must:

4.25.1. Participate in the LEAP Program;

4.25.2. Meet the requirements in 34 CFR Part 692.60; and

4.25.3. Have a program that satisfies the requirements in 34 CFR Part 692.21(a), (b), (d), (e), (f), (g), (j), and (k).

4.26. Student Eligibility Requirements - To receive assistance under the SLEAP Program, a student must meet the eligibility requirements of the LEAP Program above.

4.27. Requirements to Receive a SLEAP Allotment - To receive an allotment under the SLEAP Program, UHEAA will:

4.27.1. Submit an application in accordance with the provisions in 34 CFR Part 692.20;

4.27.2. Identify the activities in 4.28 for which it plans to use the SLEAP Federal and non-Federal funds;

4.27.3. Ensure that the non-Federal funds used as matching funds represent dollars that are in excess of the total dollars that the State of Utah spent for need-based grants, scholarships, and work-study assistance for fiscal year 1999, including the State funds reported as part of its LEAP Program;

4.27.4. Provide an assurance that for the fiscal year prior to the fiscal year for which Utah is requesting Federal funds, the amount the State expended from non-Federal sources per student, or the aggregate amount the State expended, for all the authorized activities in 34 CFR Part 692.71 will be no less than the amount the State expended from non-Federal sources per student, or in the aggregate, for those activities for the second fiscal year prior to the fiscal year for which the State is requesting Federal funds; and

4.27.5. Ensure that the Federal share will not exceed one-third of the total funds expended under the SLEAP Program.

4.28. Permitted Activities - Utah may use the funds it receives under the SLEAP Program for one or more of the following activities:

4.28.1. Supplement LEAP grant awards to eligible students who demonstrate financial need by:

(a) Increasing the LEAP grant award amounts for students; or

(b) Increasing the number of students receiving LEAP grant awards.

4.28.2. Supplement LEAP community service work-study awards to eligible students who demonstrate financial need by:

(a) Increasing the LEAP community service work-study award amounts for students; or

(b) Increasing the number of students receiving LEAP community service work-study awards.

4.28.3. Award scholarships to eligible students who demonstrate financial need and who:

(a) Demonstrate merit or academic achievement; or

(b) Wish to enter a program of study leading to a career in:

(i) Information technology;

(ii) Mathematics, computer science, or engineering;

(iii) Teaching; or

(iv) Other fields determined by Utah to be critical to the State's workforce needs.

4.29. Administrative Costs - Utah may not use any of the funds it receives under the SLEAP Program to pay any administrative costs.

4.30. Community Service Work-Study Program - When administering its community service work-study program, Utah must follow the provisions in 34 CFR Part 692.30, other than the provisions of paragraph (a)(1) of that section.

 

KEY: higher education assistance, LEAP, SLEAP

Date of Enactment or Last Substantive Amendment: June 30, 2003

Notice of Continuation: April 24, 2013

Authorizing, and Implemented or Interpreted Law: 53B-7-103]

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