Title 011 | Chapter 015 | Regulation 040
PREVIOUS VERSION
The previous document that this document is based upon is available.
11 KAR 15:040.Kentucky Educational Excellence Scholarship award determination procedure.
Section 1.
Reduction for Part-time Study.(1)
If an eligible student is enrolled as a part-time student for an academic term, the maximum award amount to which the student is entitled shall be one-half of the maximum annual award prorated as follows:(a)
Fifty (50) percent if enrolled for six (6) semester hours;(b)
Fifty-eight (58) percent if enrolled for seven (7) semester hours;(c)
Sixty-seven (67) percent if enrolled for eight (8) semester hours;(d)
Seventy-five (75) percent if enrolled for nine (9) semester hours;(e)
Eighty-three (83) percent if enrolled for ten (10) semester hours;(f)
Ninety-two (92) percent if enrolled for eleven (11) semester hours; and(g)
100 percent if enrolled for twelve (12) semester hours or more.(2)
For a quarter hour institution, in order to determine the maximum award amount to which the student is entitled, the number of quarter hours of the student's enrollment shall be converted to semester hours on either a semester or academic year basis as follows:(a)
Quarter to semester hour conversion per semester for periods July 1 - December 31 and January 1 – June 30| Quarter Hours | Semester Hours | Award Percentage |
| 18 | 12 | 100 |
| 16 | 11 | 92 |
| 14 | 10 | 83 |
| 13 | 9 | 75 |
| 12 | 8 | 67 |
| 10 | 7 | 58 |
| 8 | 6 | 50 |
| 6 | 4 | 0 |
| 4 | 3 | 0 |
| 2 | 2 | 0 |
(b)
Quarter to semester hour conversion per academic year for periods July 1 – June 30| Quarter Hours | Semester Hours | Award Percentage |
| 36 | 24 | 100 |
| 32 | 22 | 92 |
| 28 | 20 | 83 |
| 24 | 16 | 67 |
| 20 | 14 | 58 |
| 16 | 12 | 50 |
| 12 | 8 | 0 |
| 8 | 6 | 0 |
| 4 | 4 | 0 |
(3)
The equivalent academic unit of measurement shall be used to correspond to a semester hour, if the participating institution does not use semester hours.(4)
A participating institution shall determine full-time and less than full-time enrollment status for purposes of subsection (1) of this section in the same manner as the participating institution uses to determine enrollment status for Pell Grant eligibility.HISTORY: (25 Ky.R. 468; 818; eff. 10-1-1998; 25 Ky.R. 2923; eff. 9-1-1999; 40 Ky.R. 82; 531; eff. 9-9-2013; Cert eff. 9-28-2018; 50 Ky.R. 69; eff. 12-11-2023.)
CATHE DYKSTRA, Chair
APPROVED BY AGENCY: March 9, 2023
FILED WITH LRC: June 13, 2023 at 12:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 29, 2023, at 10:00 a.m. Eastern Time at 100 Airport Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Miles F. Justice, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7309, fax (502) 696-7293, email mjustice@kheaa.com.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rebecca Gilpatrick
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the conditions for KEES eligibility for students enrolled on a part-time basis.
(b) The necessity of this administrative regulation:
KRS 164.7881(4)(b) requires KHEAA to promulgate an administrative regulation to proportionally reduce the maximum KEES award amount for an eligible student enrolled on a less than full-time basis. This administrative regulation is necessary in order to establish this reduction scheme.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statute by establishing a procedure for the proportional reduction of KEES awards for students enrolled on a part-time basis as required by KRS 164.7881(4)(b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing a procedure for the proportional reduction of KEES awards for students enrolled on a part-time basis as required by statute.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment will clarify that, during any academic term comprised of part-time attendance, the prorated award will be based on one-half of the maximum annual KEES award earned by the recipient.
(b) The necessity of the amendment to this administrative regulation:
This amendment to the administrative regulation is necessary in order to clearly state on what amount the prorated award provided in the regulation will be based.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of the authorizing statutes by further clarifying the amount on which a prorated KEES award is to be based.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this administrative regulation will assist in the effective administration of the statutes by more fully informing stake holders as to the amount on which a prorated KEES award for part-time attendance will be based.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Individuals who have earned KEES awards and are attending a post-secondary institution on a part-time basis are affected by this administrative regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No action is required of KEES recipients in order to comply with this amendment to the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to KEES recipients in order to comply with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
No action is required of KEES recipients in order to receive a prorated award based on the maximum amount specified in the amendment. Rather, any student who is enrolled on a part-time basis and has earned a KEES award will receive a prorated award without having to take any action.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The will be no cost to implement this amended administrative regulation.
(b) On a continuing basis:
Same as (5)(a) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The KEES program is funded through net lottery revenues transferred in accordance with KRS 154A.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
The administrative regulation does not establish any fees nor does it increase any fees.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not applied to the amendment of this administrative regulation. The concept is not applicable to this amendment of this administrative regulation. The administrative regulation is intended to provide equal opportunity to participate within parameters, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities or address a particular problem to which certain regulated entities do not contribute. Disparate treatment of any person or entity affected by this administrative regulation could raise questions of arbitrary action on the part of the agency. The "equal protection" and "due process" clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution. The regulation provides equal treatment and opportunity for all applicants and recipients.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 164.7874, 164.7877(3), 164.7879(1), (2), (3), 164.7881(4)(a), (c), (6), 164.7884.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This regulation will not generate any revenue.
(c) How much will it cost to administer this program for the first year?
No additional costs are associated with this regulation.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are associated with this regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
The regulated entities - KEES award recipients - will incur no cost savings as a result of this regulation during the first full year in which this administrative regulation is in effect since there are no costs incurred by those regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Same as 4a above.
(c) How much will it cost the regulated entities for the first year?
The regulated entities - KEES award recipients - will incur no costs for the first year in which this administrative regulation is in effect.
(d) How much will it cost the regulated entities for subsequent years?
Same as 4c above.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact on the Authority or regulated entities.
11 KAR 15:040.Kentucky Educational Excellence Scholarship award determination procedure.
Section 1.
Reduction for Part-time Study.(1)
If an eligible student is enrolled as a part-time student for an academic term, the maximum award amount to which the student is entitled shall be one-half of the maximum annual award prorated as follows:(a)
Fifty (50) percent if enrolled for six (6) semester hours;(b)
Fifty-eight (58) percent if enrolled for seven (7) semester hours;(c)
Sixty-seven (67) percent if enrolled for eight (8) semester hours;(d)
Seventy-five (75) percent if enrolled for nine (9) semester hours;(e)
Eighty-three (83) percent if enrolled for ten (10) semester hours;(f)
Ninety-two (92) percent if enrolled for eleven (11) semester hours; and(g)
100 percent if enrolled for twelve (12) semester hours or more.(2)
For a quarter hour institution, in order to determine the maximum award amount to which the student is entitled, the number of quarter hours of the student's enrollment shall be converted to semester hours on either a semester or academic year basis as follows:(a)
Quarter to semester hour conversion per semester for periods July 1 - December 31 and January 1 – June 30| Quarter Hours | Semester Hours | Award Percentage |
| 18 | 12 | 100 |
| 16 | 11 | 92 |
| 14 | 10 | 83 |
| 13 | 9 | 75 |
| 12 | 8 | 67 |
| 10 | 7 | 58 |
| 8 | 6 | 50 |
| 6 | 4 | 0 |
| 4 | 3 | 0 |
| 2 | 2 | 0 |
(b)
Quarter to semester hour conversion per academic year for periods July 1 – June 30| Quarter Hours | Semester Hours | Award Percentage |
| 36 | 24 | 100 |
| 32 | 22 | 92 |
| 28 | 20 | 83 |
| 24 | 16 | 67 |
| 20 | 14 | 58 |
| 16 | 12 | 50 |
| 12 | 8 | 0 |
| 8 | 6 | 0 |
| 4 | 4 | 0 |
(3)
The equivalent academic unit of measurement shall be used to correspond to a semester hour, if the participating institution does not use semester hours.(4)
A participating institution shall determine full-time and less than full-time enrollment status for purposes of subsection (1) of this section in the same manner as the participating institution uses to determine enrollment status for Pell Grant eligibility.HISTORY: (25 Ky.R. 468; 818; eff. 10-1-1998; 25 Ky.R. 2923; eff. 9-1-1999; 40 Ky.R. 82; 531; eff. 9-9-2013; Cert eff. 9-28-2018; 50 Ky.R. 69; eff. 12-11-2023.)
CATHE DYKSTRA, Chair
APPROVED BY AGENCY: March 9, 2023
FILED WITH LRC: June 13, 2023 at 12:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 29, 2023, at 10:00 a.m. Eastern Time at 100 Airport Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Miles F. Justice, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7309, fax (502) 696-7293, email mjustice@kheaa.com.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rebecca Gilpatrick
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the conditions for KEES eligibility for students enrolled on a part-time basis.
(b) The necessity of this administrative regulation:
KRS 164.7881(4)(b) requires KHEAA to promulgate an administrative regulation to proportionally reduce the maximum KEES award amount for an eligible student enrolled on a less than full-time basis. This administrative regulation is necessary in order to establish this reduction scheme.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statute by establishing a procedure for the proportional reduction of KEES awards for students enrolled on a part-time basis as required by KRS 164.7881(4)(b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing a procedure for the proportional reduction of KEES awards for students enrolled on a part-time basis as required by statute.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment will clarify that, during any academic term comprised of part-time attendance, the prorated award will be based on one-half of the maximum annual KEES award earned by the recipient.
(b) The necessity of the amendment to this administrative regulation:
This amendment to the administrative regulation is necessary in order to clearly state on what amount the prorated award provided in the regulation will be based.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of the authorizing statutes by further clarifying the amount on which a prorated KEES award is to be based.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this administrative regulation will assist in the effective administration of the statutes by more fully informing stake holders as to the amount on which a prorated KEES award for part-time attendance will be based.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Individuals who have earned KEES awards and are attending a post-secondary institution on a part-time basis are affected by this administrative regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No action is required of KEES recipients in order to comply with this amendment to the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to KEES recipients in order to comply with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
No action is required of KEES recipients in order to receive a prorated award based on the maximum amount specified in the amendment. Rather, any student who is enrolled on a part-time basis and has earned a KEES award will receive a prorated award without having to take any action.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The will be no cost to implement this amended administrative regulation.
(b) On a continuing basis:
Same as (5)(a) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The KEES program is funded through net lottery revenues transferred in accordance with KRS 154A.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
The administrative regulation does not establish any fees nor does it increase any fees.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not applied to the amendment of this administrative regulation. The concept is not applicable to this amendment of this administrative regulation. The administrative regulation is intended to provide equal opportunity to participate within parameters, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities or address a particular problem to which certain regulated entities do not contribute. Disparate treatment of any person or entity affected by this administrative regulation could raise questions of arbitrary action on the part of the agency. The "equal protection" and "due process" clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution. The regulation provides equal treatment and opportunity for all applicants and recipients.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 164.7874, 164.7877(3), 164.7879(1), (2), (3), 164.7881(4)(a), (c), (6), 164.7884.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This regulation will not generate any revenue.
(c) How much will it cost to administer this program for the first year?
No additional costs are associated with this regulation.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are associated with this regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
The regulated entities - KEES award recipients - will incur no cost savings as a result of this regulation during the first full year in which this administrative regulation is in effect since there are no costs incurred by those regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Same as 4a above.
(c) How much will it cost the regulated entities for the first year?
The regulated entities - KEES award recipients - will incur no costs for the first year in which this administrative regulation is in effect.
(d) How much will it cost the regulated entities for subsequent years?
Same as 4c above.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact on the Authority or regulated entities.