Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-20.028: Florida Bright Futures Scholarship Program.
PURPOSE AND EFFECT: The purpose of this new rule is to clarify the governing statutes, Sections 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, and 1009.538, Florida Statutes, by establishing standards and procedures relating to the Florida Bright Futures Scholarship Program. The effect will be a rule which is consistent with governing law.
SUMMARY: The proposed new rule clarifies student requirements and administrative procedures authorized in Florida Statutes relating to the Florida Bright Futures Scholarship Program.
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: 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: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with scholarship programs and rules of this nature, 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 Section 120.541(2)(a), F.S.
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: 1001.02(1), 1009.53(3) FS.
LAW IMPLEMENTED: 1009.40, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 25, 2012, 8:00 a.m.
PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Programs, Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400, (850)410-5185

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.028 Florida Bright Futures Scholarship Program.

(1) General eligibility requirements. To receive an initial or renewing Florida Bright Futures Scholarship Program award a student shall, in addition to any other applicable statutory or regulatory requirements:

(a) Not have previously received a recognized baccalaureate degree. A degree is recognized if it is acceptable for purposes of transferring credits to a Bright Futures-eligible institution.

(b) File annually a complete and error-free Free Application for Federal Student Aid (FAFSA) (http://www.fafsa.ed.gov/) which results in a valid Expected Family Contribution (EFC), in accordance with Section 1009.531(7), Florida Statutes.

(c) Be enrolled in an eligible Florida postsecondary institution in a degree, certificate, or applied technology program of study.

(d) Be enrolled in a minimum of six (6) credit hours, or equivalent clock hours, per term.

(2) Military and public service assignment. For purposes of eligibility, in accordance with Section 1009.531(1)(b)2., Florida Statutes:

(a) Military assignment is defined as active duty assignment.

(b) Public service assignment is defined as the occupational assignment of a Florida resident employed by the United States Government or State of Florida, who as a condition of employment is relocated to work outside the State of Florida. A student whose parent or guardian is on public service assignment may reside with either a natural parent or another adult designated by either natural parent or guardian.

(3) Initial eligibility requirements.

(a) Information about the scholarship program is made available via the Florida Department of Education (FDOE), Office of Student Financial Assistance (OSFA) website (http://www.floridastudentfinancialaid.org).

(b) For purposes of eligibility, in accordance with Section 1009.531(1)(e), Florida Statutes, a student is not eligible to receive a Bright Futures Scholarship if the student has been found guilty of a felony charge by a plea, jury verdict or a judge, or pled nolo contendere to a felony charge but has had adjudication of guilt withheld. However, a student is not deemed to have been found guilty of, or entered a plea of nolo contendere to, a felony charge if the student:

1. Has been tried in juvenile court for a felony charge, or

2. Has been tried as an adult for a felony charge, but adjudicated delinquent in a juvenile proceeding, or

3. Has had his or her criminal record expunged or sealed by a court order.

(c) For the purposes of initial eligibility, in accordance with Section 1009.531(1), Florida Statutes:

1. A Florida public or private high school graduate, GED recipient, or home-educated student whose high school graduation date is no later than August 31 will be initially eligible for the fall term after the spring of the year of graduation.

2. The student must file the FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., and meet all Bright Futures academic requirements provided in Florida Statutes.

3. A student’s initial year of eligibility is defined as the first academic year immediately following high school graduation or its equivalent, whether funded or not.

(d) A home-educated student must complete community service hours that meet the following requirements during high school and by high school graduation:

1. Community service hours may not be hours that benefitted the student financially or materially, or be service to family members defined as: parents, grandparents, siblings, aunts, uncles, cousins, nieces, nephews, and spouses, including aforementioned step relations.

2. The agencies where the community service hours were earned must provide on agency letterhead documentation of the number of hours and dates of service completed.

3. The documented hours must be submitted by the student’s district where the student is registered for the 11th and 12th grades as a home-educated student.

(e) A candidate for initial eligibility for the scholarship may be evaluated following the seventh semester in high school based on his/her grade point average (GPA) in completed courses and in courses in progress as specified in Rule 6A-1.09441, F.A.C. If this student is found eligible, the student will not be re-evaluated for the same award and will not lose the award unless the student does not earn a standard high school diploma or its equivalent from a Florida public or FDOE registered private high school. An eligible seventh semester student will be re-evaluated on an eighth semester final transcript to validate high school graduation with a standard diploma and only may improve his/her award if applicable upon eighth semester information.

(f) GED and home-educated candidates for initial eligibility for the scholarship may be evaluated following the eighth semester in high school based on a cumulative GPA in all required courses that have been completed prior to GED testing or high school graduation, as specified in Rule 6A-1.09441, F.A.C.

(g) Initial Academic Criteria:

1. For the purposes of student eligibility, in accordance with Sections 1009.534(1)(a) and 1009.535(1)(a), Florida Statutes, coursework must include a minimum of four (4) credits in English, four (4) credits in mathematics, three (3) credits in science, three (3) credits in social science, and two (2) credits in the same foreign language.

a. Required coursework, as listed in the Course Code Directory, as incorporated in Rule 6A-1.09441, F.A.C., and, therefore, approved by the State Board of Education for initial eligibility for the Florida Academic Scholars or Florida Medallion Scholars awards, includes the minimum college preparatory academic courses as required for state university system admissions and outlined in the Florida Counseling for Future Education Handbook (http://facts23.facts.org/florida/facts/Home_Page/Counselors_and_Educators/Advising_Manuals/Counseling_for_Future_Education_Handbook/).

b. A student may use up to two (2) additional academic college preparatory course credits from the Course Code Directory, as incorporated in Rule 6A-1.09441, F.A.C., and/or from fine arts courses in Advanced Placement, International Baccalaureate, or Advanced International Certificate of Education programs to raise the GPA.

c. The GPA on a 4.0 scale shall be computed to two (2) decimals and shall not be rounded. Additional weighting is applied for all courses in level three (3) and above as outlined in the Course Code Directory.

d. A student must earn at least the minimum standardized Critical Reading and Math scores on the SAT Reasoning Test or equivalent combined composite, excluding the writing section, or the minimum standardized scores on the ACT, either administered at a national test site by January 31st for seventh semester evaluation and by June 30th for eighth semester evaluation of the student’s last year in high school, as identified for each award level specified in Section 1009.531(6), Florida Statutes. ACT scores are rounded up for scores with .5 and higher; SAT scores do not require rounding. Sections of the SAT or ACT from different test dates may be used to meet the test criteria, but test types cannot be mixed.

2. For purposes of meeting the requirements of a passing score on the college entry level placement test or its equivalent, in accordance with Section 1009.536, Florida Statutes, a student applying for the Florida Gold Seal Vocational Scholars award must earn at least the minimum qualifying subtest scores from CPT, SAT, or ACT, as specified in Rule 6A-10.0315, F.A.C. Sections of the CPT, SAT, or ACT from different test dates may be used to meet the test criteria, but test types cannot be mixed.

(h) For the purposes of student eligibility, in accordance with Section 1009.531(5), Florida Statutes, a student who wishes to qualify for any Bright Futures Scholarship award but does not meet all of the requirements may receive the award if the principal of the student’s school or the district superintendent verifies on letterhead that deficiencies are caused by school personnel error of inaccurate or incomplete information. The principal or school district will allow the student to correct the deficiencies and the principal or school district will provide an updated high school transcript if necessary. The student is required to submit official postsecondary transcript(s) to the FDOE with any postsecondary coursework taken to satisfy deficiencies. The FDOE must receive all required documentation of deficiencies for re-evaluation by December 31 of the student’s high school graduation year.

(4) Academic Top Scholars awards.

(a) Eligibility for the Academic Top Scholars award, in accordance with Section 1009.534(4), Florida Statutes, will be determined during the first term of the academic year following the student’s initial eligibility determination for a Florida Academic Scholars award.

(b) To be designated an Academic Top Scholar, a student must have:

1. Attended any FDOE public or registered private high school, or be home-educated or a GED student who has completed the minimum required coursework as listed in subparagraph (3)(g)1., of this rule, and earned a standard high school diploma, or the equivalent, during the last year of high school.

2. Met eligibility requirements for an initial Florida Academic Scholars award; and

3. Received funding for an initial Florida Academic Scholar award at an eligible Florida postsecondary institution during the first term of the academic year in which the student was initially eligible; and

4. Been the highest ranked Florida Academic Scholars award recipient in the Florida school district where the student last attended and graduated from high school. For this determination, Florida Academic Scholars award recipients will be ranked by the FDOE on the basis of the product of their Florida Bright Futures cumulative GPA, calculated on the minimum college preparatory academic courses as listed in subparagraph (3)(g)1., of this rule and their best combined SAT or composite ACT test score as reported for their Florida Academic Scholars eligibility.

(c) In the event of a tie, the FDOE shall apply the following criteria in the following order to students who are tied in the same school district, until the tie is broken:

1. The product of each student’s weighted Bright Futures GPA and best combined SAT, or equivalent ACT score, at a single administration of the test;

2. The product of each student’s weighted Bright Futures GPA and best combined SAT, or equivalent ACT score, at the earliest single administration of the test;

3. The higher of the total number of high school credits earned;

4. The earlier date and time stamp for filing the FFAA.

(5) Renewing Academic Criteria.

(a) After an initial year of eligibility, a student may become eligible for the award as a renewed student, a reinstated student, or a restored student, who are defined as:

1. A renewed student is a student who received the award in the previous academic year and met specific program eligibility requirements.

2. A reinstated student is a student who was eligible for the program and did not receive an award for the previous academic year and wishes to re-establish use of the scholarship.

3. A restored student is a student who lost eligibility for the program but earned the requirements in a subsequent academic year.

(b) Academic eligibility criteria for a renewed award, in accordance with Section 1009.532, Florida Statutes, shall be evaluated based on an institutional cumulative GPA and cumulative hours earned at the end of the academic year, which for this purpose shall be defined as the end of the second semester or third quarter of each academic year, which is the end of the spring term, or is the end of the summer term for students in the Program for the Spring and Summer Terms in accordance with Section 1009.215, Florida Statutes. Students in this cohort class will hereafter be referred to as spring/summer students.

1. Florida Academic Scholars renewal award requires a 3.0 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, nine (9) to eleven (11) hours per term funded for a three-quarter time student, and six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in clock hours. If a Florida Academic Scholar earns a GPA less than a 3.0 but equal to or greater than a 2.75, he/she renews as a Florida Medallion Scholar.

2. Florida Medallion Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, nine (9) to eleven (11) hours per term funded for a three-quarter time student, and six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in clock hours.

3. Florida Gold Seal Vocational Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, nine (9) to eleven (11) hours per term funded for a three-quarter time student, and six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in clock hours.

4. The cumulative GPA required to renew any Florida Bright Futures Scholarship Program award as referenced in Sections 1009.534, 1009.535, and 1009.536, Florida Statutes, shall be determined by the institution where the student is enrolled as degree- or certificate-seeking as the student’s institutional cumulative GPA. The GPA shall be computed to two (2) decimals and shall not be rounded.

5. For the purposes of eligibility, in accordance with Section 1009.40(1)(b)4., Florida Statutes, a student who does not earn either the required renewal GPA or hours for renewed status may still be renewed if granted an exception from the academic requirements. A student must submit an institutional appeal at the institution where the student did not meet the renewal requirements for renewed status and provide documentation as required by the institution within thirty (30) days of the ineligibility notice or institutional deadline, whichever is later.

(c) Academic eligibility criteria for a reinstated award shall be determined if the student did not receive scholarship funding for the last academic year during which the student was eligible. The student must submit Form FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., by May 30 of the year the student is seeking funding.

(d) Academic eligibility criteria for a restored award shall be evaluated at the end of the summer or second semester/third quarter each academic year thereafter.

1. For the student who graduated high school in 2008-09 or earlier, an award may be restored for the student with insufficient GPA and insufficient hours. The student must submit Form FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., by May 30 of the year the student is seeking funding. A student may earn and be funded in an eligible restored status one time only. In addition to applying for restoration, the student is responsible for ensuring submission of verification from the last institution attended as a degree- or certificate-seeking student. The institutional cumulative GPA and hours earned, as defined in subparagraph (5)(b) of this rule, as reported by the last institution attended, will determine the student’s eligibility to be restored based on the minimum academic program renewal requirements.

2. For the student who graduated high school in 2009-10 and thereafter, the award may be restored for the student with insufficient GPA after the first year of funding only. The student must submit Form FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., by May 30 of the year the student is seeking funding. A student may earn and be funded in an eligible restored status one time only. In addition to applying for restoration, the student is responsible for ensuring submission of verification from the last institution attended as a degree- or certificate-seeking student. The institutional cumulative GPA, as defined in subparagraph (5)(b) of this rule, as reported by the last institution attended, will determine the student’s eligibility to be restored based on the minimum academic program renewal requirements.

(6) Awards. Awards are made under all programs in this section in accordance with Sections 1009.215, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, and 1009.538, Florida Statutes. 3. A Florida Medallion Scholar who initially was awarded as a Florida Academic Scholar who earns a GPA of 3.0 or above, may restore as a Florida Academic Scholar utilizing the one-time only restoration.

(a) Awards under this program are based on the amount as specified in the General Appropriations Act. If funds appropriated are not adequate to provide the maximum allowable award to each eligible applicant, awards must be prorated with an equitable percentage reduction in all terms after term 1.

(b) Annual awards are defined as awards made in fall through spring terms unless the Legislature appropriates summer term funding.

1. If summer funds are made available in an annual General Appropriations Act, the funds will be distributed to the institution that enrolls the student during that current academic year summer term.

2. The funding institution must determine the student award amount and report summer disbursements and grade and hours to the FDOE.

(c) A spring/summer student, referenced in subparagraph (5)(b) of this rule, is not eligible for fall funding at any institution. Students funded in the fall prior to their initial enrollment in the spring/summer cohort class, will be limited to two (2) semesters, fall plus spring or summer funding, during their first cohort year.

(d) The student must be funded from his/her home institution. The home institution may also fund the student for courses enrolled at another eligible institution in eligible credits applicable toward a student’s degree or certificate program of study. The student is responsible for notifying the home institution at the beginning of the term of his/her enrollment of credit hours and payment due, and then at the end of the term of his/her cumulative GPA and hours earned at another institution. The award amount is calculated based on the total number of fundable hours per institution type where enrolled, multiplied by the award per credit hour, per the General Appropriation Act amounts.

(e) The student is required to refund to the postsecondary institution the cost of dropped or withdrawn Bright Futures funded courses; non-payment of such courses will result in future year program ineligibility. Students may not repay unearned hours after the completion of the term in order to regain their scholarship.

(7) Program Length.

(a) The student must receive award funding in at least one (1) term within the first three (3) academic years following his/her high school graduation to be eligible for maximum program funding.

(b) A student who graduated from high school in 2009-10 and earlier may receive funding up to seven (7) years from high school graduation or a first baccalaureate degree, whichever comes first. A student who graduates from high school in 2010-11 and thereafter may receive funding up to five (5) years from high school graduation or a first baccalaureate degree, whichever comes first.

(c) An early admission student under Section 1009.531(1)(b)1., Florida Statutes, repealed 2008, determined initially eligible prior to January 1, 2008, has seven (7) years from his or her initial eligible year to receive funding for the scholarship or a first baccalaureate degree, whichever comes first.

(d) In accordance with Section 1009.535, Florida Statutes, a Florida Academic Scholar or Florida Medallion Scholar who has earned a first baccalaureate degree within seven (7) semesters or 105 credit hours of funding, may receive Bright Futures funding for one (1) semester up to fifteen (15) of the student’s unused hours, at the undergraduate rate, for up to seven (7) or five (5) years after high school graduation, dependent upon his or her high school graduation year, if the student enrolls in a graduate degree program at a Bright Futures-eligible institution.

(8) Institutional responsibilities.

(a) Participating postsecondary institutions shall comply with Rules 6A-20.002 and 6A-20.0021, F.A.C., and

(b) Verify, prior to disbursement each term, each recipient’s graduation from a Florida high school, Florida residency, which includes U.S. citizenship or eligible non-citizenship, the number of non-remedial hours enrolled, degree- or certificate-seeking status, eligible maximum program hours, default status, repayment status and completion of an error-free FAFSA.

(c) Forgiveness hours, those credit hours that the institution allows a student to retake for forgiveness of quality points and that are part of the student’s program of study, are to be funded. Once funded, course hours successfully completed in forgiveness courses must be reported as hours earned in the FDOE, OSFA Grade and Hours Report consistent with Rule 6A-20.002, F.A.C.

(d) Florida public school districts shall:

1. Pursuant to Section 1009.531(4), Florida Statutes, submit transcripts for all students in ninth through twelfth grade to the FDOE High School transcript database three (3) times a year in order to annually provide complete and accurate Florida Bright Futures Scholarship evaluation information.

2. Submit transcript and eligibility criteria data by deadlines established by the FDOE, including, but not limited to, community service hours required of initial Bright Futures applicants.

(e) Florida eligible non-public secondary schools must, in order to annually maintain eligibility to participate in the Florida Bright Futures Scholarship Program:

1. Register as a non-public high school via the Private Annual School Survey (http://www.floridaschoolchoice.org/Information/Private_Schools/annual_survey_info.asp) with the FDOE.

2. Submit scholarship required courses and other eligibility criteria data as requested for all students in ninth through twelfth grades to the FDOE, via the Online Transcript Entry and Evaluation System (http://www.floridastudentfinancialaid.org), to include but not limited to community service hours required of initial Bright Futures applicants.

Rulemaking Authority 1001.02(1), 1009.53(3) FS. Law Implemented 1009.40, 1009.41, 1009.42, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.537, 1009.538 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Division of Finance and Operation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011