No. 34734 (Amendment): Rule R765-604. New Century Scholarship

(Amendment)

DAR File No.: 34734
Filed: 04/28/2011 01:17:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 132 passed by the 2010 Utah Legislature requires amendments to this rule. Increased demand coupled with limited funding requires flexibility in making awards to eligible applicants. (DAR NOTE: S.B. 132 was effective as of 05/11/2010.)

Summary of the rule or change:

Several new definitions have been added. Clarifications to the renewal process, academic progress, and appeal process are also included.

State statutory or constitutional authorization for this rule:

• Section 53B-8-105

Anticipated cost or savings to:

the state budget:

These changes will not cost the state more but are needed to assure expenditures are within annual budget allocations.

local governments:

There is no effect to local governments from even the existence of this rule, let alone these amendments. Therefore, there is no cost nor savings to local governments.

small businesses:

There is no effect to small businesses from even the existence of this rule, let alone these amendments. Therefore, there is no cost nor savings to small businesses.

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

These amendments have the possible effect of changing the annual amount a scholarship recipient may receive due to legislative budget allocations for this scholarship. Since funding is uncertain a scholarship recipient may receive more or less during a second year of awards which may require a recipient to make corresponding adjustments in the amount of other funds to pay for tuition.

Compliance costs for affected persons:

There are no compliance costs associated with this rule or these amendments. The proposed changes to this rule do not have associated costs for any individual to comply with. In fact, compliance with this rule places no burden of cost on any individual or government entity. This rule outlines the requirements to apply for, receive, and maintain a scholarship for qualifying individuals to attend a public or private institution of higher education in the State of Utah. Therefore there are no costs of compliance for any affect persons.

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

The New Century Scholarship will assist Utah students pursuing a baccalaureate degree which will provide a better educated workforce for local employers.

William A. Sederburg, Commissioner

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

Regents (Board Of)
Administration
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:

06/14/2011

This rule may become effective on:

06/22/2011

Authorized by:

William Sederburg, Commissioner

RULE TEXT

R765. Regents (Board of), Administration.

R765-604. New Century Scholarship.

R765-604-1. Purpose.

To provide policy and procedures for the administration of the New Century Scholarship which was established to encourage [and reward high school] students [who complete the requirements for]to accelerate their education by earning an [A]associate's degree [while still] in high school[, or who complete a rigorous math and science curriculum approved by the State Board of Regents] from an institution within the Utah System of Higher Education.

 

R765-604-3. Definitions.

3.1. "Applicant" means a student who is in their last term in high school and on track to complete the high school graduation requirements of a public school established by the State Board of Education and the student's school district or charter school or a private high school in the state that is accredited by a regional accrediting body approved by the Utah State Board of Regents, or a home-school student.

3.2 "Associate's Degree"[:] means [A]an Associate of Arts, Associate of Science, or Associate of Applied Science degree received from, or verified by, a regionally accredited institution within the Utah System of Higher Education. If the institution does not offer the above listed degrees, equivalent academic requirements will suffice under subsection 3.4.2. of this policy.

3.[2]3. "Awards"[:] means New Century Scholarship funds.

3.[3]4. "Board"[:] means [T]the Utah State Board of Regents.

3.[4]5. "Completes the requirements for an [A]associate's degree"[: M] means that a n applicant[student] completes either of the following:

3.[4]5.1. all the required courses for an [A]associate's degree from an institution within the Utah System of Higher Education that offers [A]associate's degrees; and applies for the [A]associate's degree from the institution; or

3.[4]5.2. all the required courses for an equivalency to the [A]associate's degree from a higher education institution within the Utah System of Higher Education that offers [B]baccalaureate degrees but does not offer [A]associate's degrees.

3.[5]6. "Full-time"[:] means [A]a minimum of twelve credit hours.

3.[6]7. "High school"[:] means [A]a public high school established by the Utah State Board of Education or a private high school within the boundaries of the State of Utah. If a private high school, it [must]shall be accredited by a regional accrediting body approved by the Board.

3.[7]8. "High school graduation date"[:] means [T]the day on which the recipient's class graduates from high school. For home-schooled students refer to subsection 4.2.1 of this policy.

3.[8]9. "Home-schooled"[:] [R]refers to a student who has not graduated from a Utah high school and received a high school grade point average.

3.[9]10. "Math and science curriculum"[:] means [T]the rigorous math and science curriculum developed and approved by the Board which, if completed, qualifies a high school student for an award. Curriculum requirements can be found at the Web site of the Utah System of Higher Education.

3.11. "New Century Scholarship" means a renewable scholarship to be awarded to applicants who complete the eligibility requirements of Section 4.4 of this policy.

3.1[0]2. "Reasonable progress"[:] means [A recipient must complete]enrolling and completing at least twelve credit hours during [F]fall and [S]spring semester s and earning a 3.0 grade point average or higher each semester[or apply for and receive an approved Deferral or Leave of Absence from the Board]. If applicable, [students]applicants attending summer must enroll full-time according to their institution and or program policy regarding full-time status.

3.1[1]3. "Recipient"[:] means [A student]an applicant who receives an award under the requirements set forth in this policy.

3.1[2]4. ["Scholarship": The New Century Scholarship.]"Renewal Documents" means a college transcript demonstrating that the recipient has met the required semester grade point average and a detailed schedule providing proof of full-time enrollment for the semester which the recipient is seeking award payment.

3.15. "Scholarship Review Committee" means the committee to review New Century Scholarship applications and make final decisions regarding awards.

3.16. "Two years of full-time equivalent enrollment" means the equivalent of four semesters of full-time enrollment (minimum of twelve credit hours per semester).

3.17. "The Utah System of Higher Education" means the institutions that comprise Utah's public higher education institutions including the University of Utah, Utah State University, Weber State University, Southern Utah University, Utah Valley University, Dixie State College of Utah, Salt Lake Community College, and Snow College.

 

R765-604-4. Recipient Requirements.

4.1. General Academic Requirements: Unless an exception applies, to qualify as a recipient a student shall:

4.1.1. complete the requirements for an [A]associate's degree or the math and science curriculum at a regionally accredited institution within the Utah System of Higher Education

4.1.1.1. with at least a 3.0 grade point average

4.1.1.2. by [student's]applicant's high school graduation date; and

4.1.2. complete the high school graduation requirements of a Utah high school with at least a 3.5 cumulative grade point average.

4.2. Utah Home-schooled [Students]Applicants: For Utah home-schooled [students]applicants the following [exceptions and] requirement[s] appl[y]ies:

4.2.1. [High School Graduation Date for Home-schooled Students:

4.2.1.1. Completes High School in 2011 and After: ]If a home-schooled [student]applicant would have completed high school in 2011 or after, the high school graduation date (under subsection 4.1.1.2.) is June 15 of the year the [student]applicant would have completed high school[;].

[ 4.2.1.2. Completes High School in 2010 and Before: If a home-schooled student would have completed high school in 2010 or before, the high school graduation date (under subsection 4.1.1.2) is September 1 of the year the student would have completed high school.

] 4.2.2. ACT Composite Score Requirement: A composite ACT score of 26 or higher is required in place of the high school grade point average requirement (under subsection 4.1.2).

[ 4.3. Exception for High School Graduating Class of 2010 and Before: For students whose high school graduation date is in 2010 or before the following exceptions apply:

4.3.1. Change in Deadline: The deadline to complete the requirements for an Associate's degree or the math and science curriculum (under subsection 4.1.1.2.) is changed to September 1 of the year of the student's graduation date; and the documentation submission deadline is October 15.

4.3.2. No High School GPA Requirement: Subsection 4.1.2. shall not apply.

] 4.[4]3. Mandatory Fall Term Enrollment: A recipient shall enroll full-time at an eligible institution by Fall semester immediately following the student's high school graduation date or receive an approved [D]deferral or [L]leave of [A]absence from the Board under subsection 8.7 of this policy.

4.[5]4. Citizenship Requirement: A recipient shall be a citizen of the United States or a noncitizen who is eligible to receive federal student aid.

4.[6]5. No Criminal Record Requirement: A recipient shall not have a criminal record, with the exception of a misdemeanor traffic citation.

4.[7]6. Regents ' Scholarship: A recipient shall not receive both an award and the Regents' Scholarship established in Utah Code Section 53B-8-108.

 

R765-604-5. Application Procedures.

5.1. Application Contact: Qualifying students [may]shall apply for the award through the Board.

5.2. General procedure: An application for an award shall contain the following:

5.2.1. Application Form: the official application will become available on the New Century Web site each November prior to the February 1 deadline; and

5.2.2. College Transcript: an official college transcript showing college courses, Advanced Placement and transfer work a n [student]applicant has completed to meet the requirements for the [A]associate's degree and verification of the date the award was earned; and

5.2.3. High School Transcript: an official high school transcript with high school graduation dated posted (if applicable).

5.2.4. ACT Score: a copy of the student's verified ACT score (if applicable).

5.3. Registrar Verification: If a n [student]applicant is enrolled at an institution which does not offer an [A]associate's degree or an institution that will not award the [A]associate's degree until the academic on-campus residency requirement has been met, the registrar must verify that the applicant has completed the equivalent academic requirements under 4.1.1.

5.4. Application Deadline: Applicants shall meet the following deadlines to qualify for an award:

5.4.1. Application Submission: [Students]Applicants must submit a scholarship application to the [s]Scholarship [r]Review [c]Committee no later than February 1 of the year of their high school graduation date or the year they would have graduated from high school.

5.4.2. Support Documentation Submission: All necessary support documentation shall be submitted on or before [August]September 1 following the applicant's high school graduation date. In some cases exceptions may be made as Advanced Placement and transfer work verification may be delayed at an institutional level and no fault of the applicant. Scholarship awards may be denied if all documentation is not complete and submitted by the specified deadlines. If any documentation demonstrates that the applicant did not satisfactorily fulfill all coursework and GPA requirements or if any information, including the attestation of criminal record and citizenship status, proves to be falsified, awards may be denied.

5.4.3. Priority Deadline: A priority deadline may be established each year. [Students]Applicants who meet the priority deadline may be given first priority of consideration for awards.

5.5. Incomplete Documentation: Applications or other submissions that have missing information or missing documents are considered incomplete, will not be considered, and may result in failure to meet a deadline.

 

R765-604-6. Awards.

6.1. Value of the Award: [Unless an exception applies, the maximum total value of the award is $5000. The award amount up to $5000 is allocated over a time period described in subsection 7.1. Recipients are not entitled to the maximum award. The award amount is subject to Legislative funding and may be reduced.]The award is up to the amount provided by the law and determined each Spring by the Board based on legislative funding and number of applicants. The total value may change in accordance with subsection 6.[3]2. The award shall be disbursed semester-by-semester over the shortest of the following time periods:

6.1.1. Four semesters of full-time enrollment (minimum of twelve credit hours per semester).

6.1.2. Sixty credit hours.

6.1.3. Until the student meets the requirements for a baccalaureate degree.

[ 6.2. Exception for High School Graduating Class of 2010 and Before: For a student who graduates from high school in 2010, or before, the maximum total value of the award is as follows:

6.2.1. Public Institutions: If used at an institution within the Utah System of Higher Education, the amount of the award, depending on available funding and may be reduced, will be up to 75% of the total cost of tuition based on the number of hours the student is enrolled; or

6.2.2. Private Nonprofit Institutions: If used at an eligible private nonprofit institution the award, depending on available funding and may be reduced, will be up to 75% of the tuition costs at the institution, not to exceed 75% of the average tuition costs at the baccalaureate degree granting institutions within the Utah System of Higher Education.

6.3. Changes in Award Amount

6.3.1 The Board May Increase Award: The Board may increase the total value of the award in subsection 6.1. by an amount not to exceed the average percentage tuition increase approved by the Board for institutions in the Utah System of Higher Education.

] 6.[3.]2. The Board May Decrease Award: If the appropriation from the Utah Legislature for the scholarship is insufficient to cover the costs associated with the scholarship, the Board may reduce or limit the award[ under both subsections 6.1. and 6.2].

6.[4]3. Eligible Institutions: An award may be used at either

6.[4]3.1. Public Institution: a four-year institution within the Utah System of Higher Education that offers baccalaureate programs; or

6.[4]3.2. Private Nonprofit Institution: a private not-for-profit higher education four-year institution in the state of Utah accredited by the Northwest Association of Schools and Colleges that offers baccalaureate programs.

6.[5]4. Enrollment at Multiple Institutions: The award may be used at more than one of the eligible institutions within the same semester for the academic year 2010-11. [However, s]Starting in 2011 when the award goes to a flat rate the award may only be used at the institution from which the student[s] is earning a baccalaureate degree.

6.[6]5. Student Transfer: The award may be transferred to a different eligible institution upon request of the recipient.

6.[7]6. Financial Aid and other Scholarships: With the exception of the Regents' Scholarship (as detailed in subsection 4.[7]6 of this policy) tuition waivers, financial aid, or other scholarships will not affect a recipient's total award amount.

 

R765-604-7. Disbursement of Award.

7.1. Disbursement Schedule of Award: The award shall be disbursed semester-by-semester over the shortest of the following time periods:

7.1.1. Four semester s of full-time enrollment;

7.1.2. sixty credit hours; or

7.1.3. Until the recipient meets the requirements for a baccalaureate degree.

7.2. [Tuition]Enrollment Documentation: The recipient shall submit to the [Board]Scholarship Review Committee a copy of a class schedule verifying that the recipient is enrolled full-time (twelve or more credit hours) at an eligible institution. Documentation must include the student's name, the semester the recipient will attend, institution that they are attending and the number of credits for which the recipient is[number of hours] enrolled.[ The Board will calculate the amount of the award based on the published tuition costs at the enrolled institution(s) and the availability of program funding.]

7.3. Award Payable to Institution: The award will be made payable to the institution. The institution shall pay over to the recipient any excess award funds not required for tuition payments. Award funds should be used for higher education expenses including tuition, fees, books, supplies , and equipment required for courses of instruction.

7.4. Dropped Hours [a]After Award: If a [student]recipient drops credit hours after having received the award which results in enrollment below full-time the scholarship will be revoked (see 8.1) unless the student needs fewer than twelve hours for completion of a degree.[ Students will be required to pay back the entire payment received for that semester.]

[ 7.5. Exception for High School Graduating Class of 2010 and Before: For a recipient whose high school graduation date is in 2010 or before, the following additional provisions apply:

7.5.1. Tuition Calculation by the Board: The Board will calculate the award disbursement amount based on the published tuition costs at the enrolled institution(s) and the availability of scholarship funding.

7.5.2. Added Hours after Award: The award will be increased up to 75% of the tuition costs of any hours added in the semester after the initial award has been made, depending on available funding. Recipient shall submit to the Board a copy of the tuition invoice or class schedule verifying the added hours before a supplemental award is made.

7.5.3. Dropped Hours After Award: If a student drops hours which were included in calculating the award amount, either the subsequent semester award will be reduced accordingly, or the student shall repay the excess award amount to the Board. If a recipient fails to complete a minimum of twelve semester hours, the scholarship will be revoked (see 8.1) unless the student needs fewer than twelve hours for completion of a degree. Students will be required to pay back the entire payment received for that semester.

]

R765-604-8. Continuing Eligibility.

8.1. Reasonable Progress [t]Toward Degree Completion: [In order to renew and award, the recipient must maintain reasonable progress toward degree completion by achieving a 3.0 GPA each semester and enrolling full-time (12 credit hours) each semester. If the recipient fails to maintain a 3.0 GPA or fails to enroll full-time, the award may be revoked.]The Board may cancel a recipient's scholarship if the student fails to :

8.1.1. Maintain 3.0 GPA: to maintain a 3.0 grade point average or higher for each semester for which the student has received awards; or

8.1.2. Reasonable Progress: to make reasonable progress (twelve credit hours) toward the completion of a baccalaureate degree and submit the documentation by the deadline as described in subsection 8.2. A recipient must apply and receive an approved deferral or leave of absence under subsection 8.7 if he or she will not enroll full-time in continuous fall and spring semesters.

8.2. Duty of Student to Report Reasonable Progress: Each semester, the recipient must submit to [SBR]the Board a copy of his or her grades [to verify that he or she is meeting the required]for verification of grade point average and [is completing]completion of the required [a] minimum of twelve semester credit hours. [Students]Recipients will not be paid for the coming semester until the requested documentation has been received. If the recipient fails to maintain a 3.0 grade point average or higher for two consecutive semesters or fails to enroll and complete twelve credit hours, the scholarship will be revoked. These documents must be submitted by the following dates:

8.2.1. Proof of enrollment for Fall Semester and proof of completion of the previous semester must be submitted by September 30.

8.2.2. Proof of enrollment for Spring Semester and proof of completion of the previous semester must be submitted by February 15.

8.2.3. Proof of enrollment for Summer Semester and proof of completion of the previous semester must be submitted by June 30.

8.2.4. Proof of enrollment if you are attending Brigham Young University during Winter Semester and proof of completion of the previous semester must be submitted by February 15.

8.2.5. Proof of enrollment if you are attending Brigham Young University during Spring Term and proof of completion of the previous semester must be submitted by May 30.

8.2.6. Proof of enrollment if you are attending Brigham Young University during Summer Term and proof of completion of the previous semester or term must be submitted by July 30.

8.3. Probation: If a recipient earns less than a 3.0 [GPA]grade point average in any single semester, the recipient must earn a 3.0 [GPA]grade point average or better the following semester to maintain eligibility for the [award]scholarship. If the recipient again at anytime earns less than a 3.0 grade point average the scholarship will be revoked.

8.4. Final Semester: A recipient will not be required to enroll full-time if the recipient can complete the degree program with fewer credits.

8.5. No Awards [a]After Five Years: The Board will not make an award to a recipient for an academic term that begins more than five years after the recipient's high school graduation date.

8.6. No Guarantee of Degree Completion: An award does not guarantee that the recipient will complete his or her baccalaureate program within the recipient's scholarship eligibility period.

8.7. Deferral or Leave of Absence.

8.7.1. A recipient [may]shall apply to the Board for a deferral of award or a leave of absence if they do not continuously enroll full-time.

8.7.2. A deferral or leave of absence will not extend the time limits of the scholarship under subsection 8.5.

8.7.3. Deferrals or leaves of absence may be granted, at the discretion of the Board, for military service, humanitarian/religious service, documented medical reasons, and other exigent reasons.

 

R765-604-9. Appeals.

9.1. Scholarship Determinations: Submission of a scholarship application does not guarantee a scholarship award. Individual scholarship applications will be reviewed, and award decisions made, at the discretion of a Scholarship Review Committee[,]. Awards are based on available [Legislative] funding, applicant pool, and applicants' completion of scholarship criteria. Each applicant will receive a letter informing the applicant of the decision on his/her application[, whether the decision is a scholarship award or denial of scholarship].

9.2. Appeals: Applicants and recipients have the right to[may] appeal a n adverse decision.[ denial of the scholarship by submitting a written appeal to the Board]

9.2.1. Appeals shall be postmarked within 30 days of date of notification by submitting a completed Appeal Application found on the program Web site.[receipt of the decision letter.]

9.2.2. An appeal filed before the applicant/recipient receives official notification from the Scholarship Review Committee regarding their application, will not be considered.

9.2.3. The appeal shall provide evidence that an adverse decision was made in error, such as that in fact, the applicant/recipient met all scholarship requirements and submitted all requested documentation by the deadline.

9.2.4. Appeals are not accepted for late document submission.

9.2.5. A submission of an appeal does not guarantee a reversal of the original decision.

9.2.6. It is the applicant/recipient's responsibility to file the appeal, including all supplementary documentation. All documents shall be mailed to the New Century Scholarship address.

9.2.7. Appeals will be reviewed and decided by an appeals committee appointed by the commissioner of higher education.[ A list of required documents for an appeal is listed on the New Century Scholarship Appeal Form.]

 

KEY: higher education, secondary education, scholarships

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: December 21, 2009

Authorizing, and Implemented or Interpreted Law: 53B-8-105

 

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