Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-20.002: Postsecondary Educational Institution Administrative Responsibilities for State Student Aid Programs
PURPOSE AND EFFECT: The purpose of this proposed rule is to update text to include tuition assistance programs, the William L. Boyd, IV, Florida Resident Access Grant, and the Access to Better Learning and Education Grant. The effect is a rule consistent with current Florida Statute.
SUMMARY: Changes are proposed to rule text, specific authority, and law implemented to reflect current Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(1), 1009.50(6), 1009.505(5), 1009.51(1), 1009.52(7), 1009.53(3), 1009.55(2), 1009.72(7), 1009.73(1), 1009.765, 1009.77(7), 1009.89(2), 1009.891(2) FS.
LAW IMPLEMENTED: 1001.02, 1009.50, 1009.505, 1009.51, 1009.52, 1009.53, 1009.532, 1009.55, 1009.72, 1009.73, 1009.765, 1009.77, 1009.89, 1009.891 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 15, 2008, 8:30 a.m.
PLACE: 325 West Gaines Street, Department of Education, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Antworth, Director, State Scholarship and Grant Programs, Florida Department of Education, Office of Student Financial Assistance, 1940 North Monroe Street, Suite 70, Tallahassee, Florida 32303-4759, (850)410-5185

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.002 Postsecondary Educational Institution Administrative Responsibilities for State Student Aid and Tuition Assistance Programs.

These responsibilities apply to all Rules 6A-20.001 through 6A-20.100099, F.A.C.

(1) Institutions enrolling students who receive state financial aid and state tuition assistance funds shall:

(a) Develop written procedures for institutional administration of state aid programs,

(b) Provide adequate staff to administer state student aid program funds in an effective, efficient, and accountable manner,

(c) Provide the coordination of institutional, state, and federal student aid, and state tuition assistance awards to students,

(d) Maintain complete, accurate, and auditable student records documenting the institution’s administration of state student aid and state tuition assistance funds,

(e) Retain required records for five (5) years or until audited and any audit exceptions are resolved,

(f) Verify and certify student enrollment and eligibility, determination of total educational cost, and calculate financial need,

(g) Disburse state aid and state tuition assistance funds to eligible students,

(h) Secure and maintain student acknowledgment of receipt of funds,

(i) Complete and return to the Department in the format and by the date established by the Department all reports for the administration of state funds and state tuition assistance,

(j) Complete and return institutional applications for state aid funds in the format and by the date established by the Department, and

(k) Refund to the Office Bureau of Student Financial Assistance, Department of Education, any funds for students who fail to meet eligibility criteria. Refunds are to be made within sixty (60) days of the end of the regular registration period or within sixty (60) days of the date the student’s ineligibility is determined, whichever is earlier. The amount of refund due the Department shall be:

1. An amount equal to one hundred (100) percent of any state aid and state tuition assistance funds disbursed by the institution to ineligible students, or

2. An amount equal to one hundred (100) percent of any state aid and state tuition assistance funds received by the institution but not disbursed to students, or

3. An amount of state funds, excluding loans, disbursed to eligible students who subsequently withdraw which is consistent with the percentage of refund as defined by the institution’s refund policy.

(2) Institutions enrolling students who are eligible to receive state aid and state tuition assistance funds and who are enrolled in courses at more than one (1) institution and earning credits toward an associate or bachelor’s degree shall notify the Department which institution is the responsible institution for the administration and delivery of state aid.

Specific Authority 1001.02(1), 1009.50(6), 1009.505(5), 1009.51(1), 1009.52(7), 1009.53(3), 10095.55(2), 1009.72(7), 1009.73(1), 1009.765, 1009.77(7), 1009.89(2), 1009.891(2) FS. Law Implemented 1001.02, 1009.50, 1009.505, 1009.51, 1009.52, 1009.53, 1009.532, 1009.55, 1009.72, 1009.73, 1009.765, 1009.77, 1009.89, 1009.891 FS. History–New 12-9-86, Amended                    .


NAME OF PERSON ORIGINATING PROPOSED RULE: Theresa Antworth, Director, State Scholarship and Grant Programs
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Linda Champion, Deputy Commissioner for Finance and Operations
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 8, 2008