No. 27321 (New Rule): R512-306. Independent Living Services, Education and TrainingVoucher Program

DAR File No.: 27321
Filed: 08/02/2004, 10:00
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

To implement the Education and Training Voucher (ETV) Program which assists foster individuals in making the transition to self-sufficiency in adulthood. The ETV Program provides financial resources through material benefits for postsecondary education and vocational training.

 

Summary of the rule or change:

This is a new program that provides educational training vouchers for individuals in Division foster care. As individuals leave foster care due to age, this program will assist then to obtain an education and make the transition to independence. (DAR NOTE: A corresponding 120-day (emergency) rule was published in the July 15, 2004, issue of the Bulletin under DAR No. 27243, and was effective 06/22/2004.)

 

State statutory or constitutional authorization for this rule:

Section 62A-4a-105 and Pub. L. No. 107-133

 

This rule or change incorporates by reference the following material:

Pub. L. No. 107-133

 

Anticipated cost or savings to:

the state budget:

This program will implement this new federal grant program requiring 20% state match ($16,000) which is already in the Division's budget.

 

local governments:

After careful review, there will be no impact on local government because the money for the program is funded through federal and state funds.

 

other persons:

Person affected by this rule would be individuals approved for educational vouchers. Costs would be minimal, only those involved with applying and how many would apply are not known at this time.

 

Compliance costs for affected persons:

Minimal--$10 or less, cost might include postage, transportation, and/or long distance calls as part of the application process.

 

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

The training vouchers for this program may be used at public or private colleges or public or private technical institutes.

 

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

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

 

Direct questions regarding this rule to:

Steven Bradford at the above address, by phone at 801-538-8210, by FAX at 801-538-3993, 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:

09/14/2004

 

This rule may become effective on:

09/15/2004

 

Authorized by:

Richard Anderson, Director

 

 

RULE TEXT

R512. Human Services, Child and Family Services.

R512-306. Independent Living Services, Education and Training Voucher Program.

R512-306-1. Purpose and Authority.

1) The Education and Training Voucher Program (ETV) assists foster individual's make the transition to self-sufficiency in adulthood. The Education and Training Voucher Program provides the financial resources for postsecondary education and vocational training necessary to obtain employment or to support the individual's employment goals.

2) The Education and Training Voucher Program is authorized by Pub. L. No. 107-133, which is incorporated by reference. 20 USC 1087kk and 20 USC 108711 (2001) are also incorporated by reference.

 

R512-306-2. Definitions.

1) The following terms are defined for the purposes of this rule:

a) Institution of higher education means a school that:

i. Awards a bachelor's degree or not less than a two-year program that provides credit towards a degree, or

ii. Provides not less than one year of training towards gainful employment, or

iii. Is a vocational program that provides training for gainful employment and has been in existence for at least two years, and that also meets all of the following:

iv. Admits as regular students only persons with a high school diploma or equivalent; or who are beyond the age of compulsory school attendance (Section 53A-11-101 and 53A-11-102).

v. Public or non-profit facility.

vi. Accredited or pre-accredited by a recognized accrediting agency that the Secretary of Education determines to be reliable and is authorized to operate in the state.

b) Satisfactory progress means maintaining at least a C grade average or 2.0 on a 4.0 scale on a cumulative basis or equivalent passing status as determined by the educational institution.

c) GED means General Education Development.

d) Division means Division of Child and Family Services.

e) Foster care means individual in the custody of the Department of Human Services/Division of Child and Family Services and/or Indian Tribes.

f) Full-time as defined by the educational institution.

 

R512-306-3. Scope of Program.

1) To be eligible for the Education and Training Voucher Program, an individual must meet all of the following requirements:

a) An individual in foster care who has not yet attained 21 years of age, or

b) An individual no longer in foster care who attained 18 years of age while in foster care and who has not yet attained 21 years of age, or

c) An individual adopted from foster care after attaining 16 years of age and who has not yet attained 21 years of age.

d) Have graduated from high school or earned a GED;

e) Have an individual educational assessment and individual education plan completed by DCFS or their designee;

f) Submit a completed application for the Education and Training Voucher Program;

g) Be accepted to a qualified college, university, or vocational program;

h) Apply for and accept available financial aid from other sources before obtaining funding from the Education and Training Voucher Program;

i) Enroll as a full-time student in the college, university or vocational program; and

j) Maintain a 2.0 cumulative grade point average on a 4.0 scale or equivalent as determined by the educational institution.

2) The application and attachments will be reviewed and approved by regional independent living program staff or their designee. Individuals meeting all requirements will be accepted for program participation when available ETV funding for this purpose permits. If demand exceeds available funding, the Division may establish a waiting list for funding or may approve applications for lesser amounts of funding. The individual will receive written notice of approval or denial of the application. If denied or terminated, a written reason for denial will be provided and will include instructions about how to appeal the decision.

3) Individual may participate in the Employment and Training Voucher Program until the completion of the degree or vocational program or age 21, with one exception. If enrolled in the ETV program on the date age 21 is attained, the individual may continue in the program until age 23 as long as the individual is attending an accredited or pre-accredited college, university, or vocational program full-time, is making satisfactory progress, and funding continues to be available.

4) The individual must provide ongoing documentation of full-time enrollment, satisfactory progress as detailed in the individual education plan, additional requests for funding, and any changes in total costs for attendance or other financial aid to the Division in order to continue receiving benefits under the program.

5) A individual under age 21 who has previously been denied acceptance to the program or who lost eligibility for the program due to not making satisfactory progress or not attending full-time may reapply for the program.

6) If an application for benefits under the Education and Training Vouches program is denied, the applicant will have the right to appeal the decision through an administrative hearing in accordance with Section 63-46b-3 et seq.

7) An individual may receive vouchers up to a maximum amount of $5,000 per year through the Education and Training Voucher Program.

a) In accordance with 20 USC 1087kk, the total amount awarded may not exceed the total cost of attendance, as described in R512-306-4, minus expected contributions from the individual's family and minus estimated financial assistance from other State or Federal grants or programs.

b) In accordance with 42 USC 677(i)(5), the amount of benefits received through the Education and Training Voucher Program may be disregarded in determining a individual's eligibility for, or amount of, any other Federal or Federally supported assistance.

c) Awards are subject to the availability of Division ETV funds appropriated for this program.

 

R512-306-4. Cost of Attendance.

1) The cost of attendance, is authorized in 20 USC 1087ll.

 

KEY: foster care, independent living

2004

62A-4a-105