No. 28084 (Amendment): R765-605-4. Policy

DAR File No.: 28084
Filed: 07/12/2005, 02:59
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides policy and procedures for administering the "Utah Centennial Opportunity Program for Education". In 2004, the rule was amended to incorporate eligibility requirements for the new Cesar Chavez Scholarship Program as outlined in Section 53B-13a-106. Wording was added to the "Students Eligible to Participate" Section R765-605-4.4.4 that could be interpreted as allowing for an alternative method to the federal need analysis process for determining scholarship eligibility. In order to clarify Subsection R765-605-4.4.4.5, while Cesar Chavez Scholarship recipients must have family income less than 200% of the federal poverty guideline, official federal need analysis must be used to determine the family contribution. A state rule that allows for an alternative method to determine financial need for a unique class of students may not be in harmony with federal welfare and immigration law. Therefore, the method of determining eligibility for the Cesar Chavez Scholarship is to include use of the federal need analysis process and have a family income less than 200% of the federal poverty guideline.

 

Summary of the rule or change:

This rule change clarifies the method of determining financial need by using the federal need analysis system in combination with requiring Cesar Chavez Scholarship recipients to have a family income of less than 200% of the federal poverty guideline that is issued each year.

 

State statutory or constitutional authorization for this rule:

Sections 53-8-102, 53-8-106; Title 53B Chapter 13a; and State Board of Regents Policy R512, Determination of Resident Status

 

Anticipated cost or savings to:

the state budget:

This amendment neither increases nor decreases costs to state budgets. This amendment simply clarifies how scholarship recipients may have eligibility determined.

 

local governments:

The change to this rule has no fiscal impact on local government since the rule only applies to financial aid for college students. Local governments are not affected by this rule change nor by the rule itself as the rule only applies to the administration of student financial aid funds at public and private institutions of higher education.

 

other persons:

The change to this rule has no fiscal impact on any other person. This change identifies the parameters to establish eligibility for specific scholarship funds.

 

Compliance costs for affected persons:

There are no compliance costs associated with this rule for any individual, partnership, corporation, association, governmental entity or public or private organizations. This rule provides for scholarship funds and has no associated compliance costs for individuals or entities outside of higher education.

 

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

There is no fiscal impact on businesses since this rule details the administration of scholarship funds appropriated from state revenues. Richard Kendell, Commissioner of Education

 

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
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:

08/31/2005

 

This rule may become effective on:

09/01/2005

 

Authorized by:

Richard E. Kendell, Commissioner

 

 

RULE TEXT

R765. Regents (Board of), Administration.

R765-605. Utah Centennial Opportunity Program for Education.

R765-605-4. Policy.

4.1. Program Description - UCOPE is a State supplement to increasingly inadequate grant and work assistance from Federal Government student financial aid programs. In UCA 53B-13a-103(1), the Legislature finds "that the general welfare and well-being of the state are directly related to the educational levels and skills of the citizens of the state, and that limited financial aid for students with demonstrated financial need to help finance costs of attendance at Utah postsecondary institutions is a necessary component for ensuring access to postsecondary education and training as the state enters its second century of statehood". Program funds may be used for either grants or work-study awards to students with demonstrated financial need, with no more than 3.0% of funds allocated to an eligible institution permitted to be used for administrative costs. These are the only purposes for which program funds may be used.

4.2. Award Year - The award year for UCOPE is the twelve-month period designated by an eligible institution, coinciding approximately with the state fiscal year beginning July 1 and ending June 30. An institution may choose to have its Summer enrollment period as either the first or the final enrollment period of the award year for UCOPE purposes.

4.3. Institutions Eligible to Participate - Eligible institutions include the ten institutions of the Utah System of Higher Education, and Utah private nonprofit postsecondary institutions which are accredited by a regional accrediting organization recognized by the Board. These are the only institutions eligible to participate. For purposes of this section, the Board recognizes the Northwest Association of Schools and Colleges. Utah private nonprofit postsecondary institutions accredited by the Northwest Association of Schools and Colleges are Brigham Young University, Westminster College and LDS Business College.

4.4. Students Eligible to Participate - To be eligible for grant or work-study assistance from UCOPE funds, a student must:

4.4.1. Be a resident student of the State of Utah under UCA 53B-8-102 and Board Policy R512 or exempt from paying the nonresident portion of total tuition under Utah Code Section 53B-8-106. For purposes of this section, in addition to the qualification methods set forth in Policy R512, an institution may recognize a student, other than a nonimmigrant alien, as a resident student of the State of Utah if the student graduated from a Utah high school within 12 months of enrolling in the institution.

4.4.2. Be unconditionally admitted and currently enrolled in an eligible institution on at least a half-time basis as defined in Federal regulations applicable to Title IV of the Higher Education Act, in a post-high school program of at least nine months duration, leading to an Associate or Bachelor's degree, or to a diploma or certificate in an applied technology or other occupational specialty. This does not include unmatriculated students or students enrolled in postbaccalaureate programs or in remedial or developmental programs to prepare for admittance to a degree, diploma, or occupational certificate program.

4.4.3. Be maintaining satisfactory progress, as defined by the institution, toward the degree, diploma, or certificate objective in which enrolled.

4.4.4. Meet all requirements of general eligibility for Federal Higher Education Act Part IV Student Financial Aid Programs, as defined in applicable U. S. Department of Education Regulations and the current edition of the Department of Education Student Aid Handbook.

4.4.5. Have a demonstrated need for financial assistance based on the defined Cost of Attendance for the applicable student category at the institution and the expected family contribution as determined by the Federal need analysis process for Higher Education Act Title IV student financial assistance programs, [or]and, to qualify for a Cesar Chavez Scholarship, have a family income less than 200% of the federal poverty guideline issued each year by the U.S. Department of Education for the family size.

 

. . . . . . .

 

KEY: financial aid, higher education

October 19, 2004

Notice of Continuation June 30, 2003

53B-8-102

53B-13a