Title 011 | Chapter 022 | Regulation 010
SUPERSEDED
This document is no longer current.
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY
Division of Student and Administrative Services
(New Administrative Regulation)
11 KAR 22:010.Dual Credit Scholarship Program.
Section 1.
Definitions.(1)
"Academic term" is defined in KRS 164.786(1)(a).(2)
"Academic year" is defined in KRS 164.786(1)(b).(3)
"Approved dual credit course" is defined in KRS 164.786(1)(c).(4)
"Authority" is defined in KRS 164.786(1)(d).(5)
"Certified high school" means any Kentucky public high school, a high school of a model or practice school under KRS 164.380, and any private, parochial or church school located in Kentucky that has been certified by the Kentucky Board of Education as voluntarily complying with the curriculum, certification, and textbook standards established by the Kentucky Board of Education under KRS 156.160.(6)
"Dual credit tuition rate ceiling" is defined in KRS 164.786(1)(f).(7)
"Eligible high school student" is defined in KRS 164.786(1)(g).(8)
"Non-certified high school" means any private, parochial, church, or home school located in Kentucky that has not been certified by the Kentucky Board of Education.(9)
"Participating institution" is defined in KRS 164.786(1)(h).Section 2.
Application and Award.(1)
The method by which an application is submitted for an eligible high school student shall be determined by the type of high school in which the student is enrolled.(a)
A certified high school shall submit to the authority a data file in a format specified by the authority that identifies each eligible high school that is enrolled in an approved dual credit course.1.
Certified high school file submissions must be submitted to the authority by September 15 for the fall semester and February 1 for the spring semester of the academic year in which the award is made.2.
Within two business days of receipt of a data file from a certified high school, the authority shall load the data provided by the high school and create a unique scholarship link on each student's account at kheaa.com.3.
Each eligible high school student shall then sign in at kheaa.com to access their scholarship application and designate their choice of participating institution and semester for each scholarship award being requested.(b)
An eligible high school student attending a non-certified high school shall submit to the authority a Dual Credit Scholarship Application as required by 11 KAR 4:080, Section 1(10).(2)
To the extent funds are available, the authority shall award scholarships to each eligible high school student and notify the student's participating institution of the award.(3)
The priority consideration deadline for an eligible high school student to submit a scholarship request for the fall semester is October 1. Final requests for both fall and spring semester scholarships shall be submitted no later than March 1 of the academic year in which the award is made.Section 3.
Enrollment Verification.(1)
The participating institution shall verify the eligibility of each student and submit to the authority a complete and accurate enrollment verification record that shall include the following:(a)
The prefix and number of the approved dual credit course the student is enrolled in;(b)
The number of credit hours of the approved dual credit course;(c)
The per-credit hour cost being charged by the participating institution, not to exceed the dual credit tuition rate ceiling established by the authority; and(d)
The academic year and academic term of the approved dual credit course being reported.(2)
In the event the approved dual credit course has a required laboratory, the participating institution shall report the laboratory prefix, number and credit hours in addition to the course information specified in subsection (1). The cost of the laboratory will be paid in addition to the approved dual credit course as part of the scholarship award and shall not count against the student's course eligibility limit.Section 4.
Disbursement and Delivery of Funds.(1)
Within thirty (30) days following receipt of the enrollment verification record, scholarship funds shall be disbursed by the authority to the participating institution for subsequent application to the account of the eligible high school student.(2)
The amount disbursed by the authority shall equal the number of credit hours in which the student is enrolled for the approved dual credit course multiplied by the per credit hour cost for each scholarship award, not to exceed the dual credit tuition rate ceiling.(3)
The participating institution shall:(a)
Be responsible for proper disbursement of scholarship funds to each eligible student during the academic term for which each award is intended;(b)
Be liable for disbursement to the wrong individual or to an ineligible student, or for untimely disbursement pursuant to this section; and(c)
Make restitution to the authority of any amount improperly disbursed.(4)
Failure of the participating institution to make restitution when required shall, without precluding other remedies, be cause for limitation, suspension, or termination of the participation of the participating institution in accordance with 11 KAR 4:020.Section 5.
Returns.(1)
The participating institution shall return the full scholarship disbursement amount to the authority for any course or laboratory in which enrollment was reported in error or the student was not enrolled in the course.(2)
The participating institution shall not assess any charges to the student should a return of funds to the authority be required.(3)
The participating institution shall remit to the authority the amount of scholarship funds allocated to be returned as soon as possible but no later than thirty (30) days after the end of the term in which the student's enrollment was reported in error.(4)
The participating institution shall notify the authority of the return through the electronic process established for that purpose by the authority. The return information shall include:(a)
The student's name and Social Security number;(b)
The reason for the refund or repayment;(c)
The amount being returned;(d)
The semester and year for which the award was made; and(e)
The course associated with the return.Section 6.
Reporting.(1)
Within 30 days of the end of each academic term, the participating institution shall submit to the authority the student's final grade for each course for which scholarship funds were received, except that the final grade for an approved dual credit course reported as a yearlong course and disbursed for the fall academic term shall be submitted to the authority within 30 days of the end of the spring academic term.(2)
Reports under this section shall be completed before funds for the next academic term under this program will be disbursed by the authority.Section 7.
Records. A participating institution shall:(1)
Establish an organized system of records pertaining to scholarship recipient eligibility;(2)
Maintain these records for a period of not less than three (3) years after the award year in which the recipient ceased enrollment; and(3)
Upon request, make available to the authority:(a)
All records relied upon by that participating institution to certify that any recipient of funds from the authority is an eligible student; and(b)
Information necessary to verify that the participating institution has complied with:1.
KRS 164.786;2.
11 KAR Chapter 22; and3.
Representations and requirements contained in its agreement with the authority.CATHE DYKSTRA, Chair
APPROVED BY AGENCY: March 17, 2022
FILED WITH LRC: March 25, 2022 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, June 22, 2022, 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 attends 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 June 30, 2022. 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: Hon. Diana L. Barber, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7298, fax (502) 696-7293, email dbarber@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 will establish the procedures for making awards under the Dual Credit Scholarship program as authorized by KRS 164.786.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set forth the procedures for administering the Dual Credit Scholarship program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 164.786 requires the Authority to promulgate administrative regulations pertaining to the Dual Credit Scholarship program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing the procedures for administration of the Dual Credit Scholarship program.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The proposed regulation will positively impact all applicants for awards under the Dual Credit Scholarship program by establishing the procedures for administration of the Dual Credit Scholarship program.
(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:
Applicants for the Dual Credit Scholarship program will be required to comply with the provisions of this administrative regulation, including submitting the specified application and satisfying the eligibility criteria.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to applicants in order to comply with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants who comply with this administrative regulation will be considered for an award under this program.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost to implement the regulation.
(b) On a continuing basis:
See (5)(a) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Awards under this program are provided through a General Fund base appropriation.
(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:
No increase in fees or funding will be necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
It does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering was not applied. It is not applicable to this amendment. This administrative regulation is intended to provide equal opportunity to participate, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities. 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 ON STATE OR LOCAL GOVERNMENT
(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?
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 164.786.
(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.
The administrative regulation will result in an additional expenditure by the Authority of $13,150,000 from a General Fund base appropriation for Fiscal Year 2022.
(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 for the first year.
(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 for subsequent years.
(c) How much will it cost to administer this program for the first year?
No additional costs are associated with administration of this regulation for the first year.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are associated with administration of this regulation for subsequent years.
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:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY
Division of Student and Administrative Services
(New Administrative Regulation)
11 KAR 22:010.Dual Credit Scholarship Program.
Section 1.
Definitions.(1)
"Academic term" is defined in KRS 164.786(1)(a).(2)
"Academic year" is defined in KRS 164.786(1)(b).(3)
"Approved dual credit course" is defined in KRS 164.786(1)(c).(4)
"Authority" is defined in KRS 164.786(1)(d).(5)
"Certified high school" means any Kentucky public high school, a high school of a model or practice school under KRS 164.380, and any private, parochial or church school located in Kentucky that has been certified by the Kentucky Board of Education as voluntarily complying with the curriculum, certification, and textbook standards established by the Kentucky Board of Education under KRS 156.160.(6)
"Dual credit tuition rate ceiling" is defined in KRS 164.786(1)(f).(7)
"Eligible high school student" is defined in KRS 164.786(1)(g).(8)
"Non-certified high school" means any private, parochial, church, or home school located in Kentucky that has not been certified by the Kentucky Board of Education.(9)
"Participating institution" is defined in KRS 164.786(1)(h).Section 2.
Application and Award.(1)
The method by which an application is submitted for an eligible high school student shall be determined by the type of high school in which the student is enrolled.(a)
A certified high school shall submit to the authority a data file in a format specified by the authority that identifies each eligible high school that is enrolled in an approved dual credit course.1.
Certified high school file submissions must be submitted to the authority by September 15 for the fall semester and February 1 for the spring semester of the academic year in which the award is made.2.
Within two business days of receipt of a data file from a certified high school, the authority shall load the data provided by the high school and create a unique scholarship link on each student's account at kheaa.com.3.
Each eligible high school student shall then sign in at kheaa.com to access their scholarship application and designate their choice of participating institution and semester for each scholarship award being requested.(b)
An eligible high school student attending a non-certified high school shall submit to the authority a Dual Credit Scholarship Application as required by 11 KAR 4:080, Section 1(10).(2)
To the extent funds are available, the authority shall award scholarships to each eligible high school student and notify the student's participating institution of the award.(3)
The priority consideration deadline for an eligible high school student to submit a scholarship request for the fall semester is October 1. Final requests for both fall and spring semester scholarships shall be submitted no later than March 1 of the academic year in which the award is made.Section 3.
Enrollment Verification.(1)
The participating institution shall verify the eligibility of each student and submit to the authority a complete and accurate enrollment verification record that shall include the following:(a)
The prefix and number of the approved dual credit course the student is enrolled in;(b)
The number of credit hours of the approved dual credit course;(c)
The per-credit hour cost being charged by the participating institution, not to exceed the dual credit tuition rate ceiling established by the authority; and(d)
The academic year and academic term of the approved dual credit course being reported.(2)
In the event the approved dual credit course has a required laboratory, the participating institution shall report the laboratory prefix, number and credit hours in addition to the course information specified in subsection (1). The cost of the laboratory will be paid in addition to the approved dual credit course as part of the scholarship award and shall not count against the student's course eligibility limit.Section 4.
Disbursement and Delivery of Funds.(1)
Within thirty (30) days following receipt of the enrollment verification record, scholarship funds shall be disbursed by the authority to the participating institution for subsequent application to the account of the eligible high school student.(2)
The amount disbursed by the authority shall equal the number of credit hours in which the student is enrolled for the approved dual credit course multiplied by the per credit hour cost for each scholarship award, not to exceed the dual credit tuition rate ceiling.(3)
The participating institution shall:(a)
Be responsible for proper disbursement of scholarship funds to each eligible student during the academic term for which each award is intended;(b)
Be liable for disbursement to the wrong individual or to an ineligible student, or for untimely disbursement pursuant to this section; and(c)
Make restitution to the authority of any amount improperly disbursed.(4)
Failure of the participating institution to make restitution when required shall, without precluding other remedies, be cause for limitation, suspension, or termination of the participation of the participating institution in accordance with 11 KAR 4:020.Section 5.
Returns.(1)
The participating institution shall return the full scholarship disbursement amount to the authority for any course or laboratory in which enrollment was reported in error or the student was not enrolled in the course.(2)
The participating institution shall not assess any charges to the student should a return of funds to the authority be required.(3)
The participating institution shall remit to the authority the amount of scholarship funds allocated to be returned as soon as possible but no later than thirty (30) days after the end of the term in which the student's enrollment was reported in error.(4)
The participating institution shall notify the authority of the return through the electronic process established for that purpose by the authority. The return information shall include:(a)
The student's name and Social Security number;(b)
The reason for the refund or repayment;(c)
The amount being returned;(d)
The semester and year for which the award was made; and(e)
The course associated with the return.Section 6.
Reporting.(1)
Within 30 days of the end of each academic term, the participating institution shall submit to the authority the student's final grade for each course for which scholarship funds were received, except that the final grade for an approved dual credit course reported as a yearlong course and disbursed for the fall academic term shall be submitted to the authority within 30 days of the end of the spring academic term.(2)
Reports under this section shall be completed before funds for the next academic term under this program will be disbursed by the authority.Section 7.
Records. A participating institution shall:(1)
Establish an organized system of records pertaining to scholarship recipient eligibility;(2)
Maintain these records for a period of not less than three (3) years after the award year in which the recipient ceased enrollment; and(3)
Upon request, make available to the authority:(a)
All records relied upon by that participating institution to certify that any recipient of funds from the authority is an eligible student; and(b)
Information necessary to verify that the participating institution has complied with:1.
KRS 164.786;2.
11 KAR Chapter 22; and3.
Representations and requirements contained in its agreement with the authority.CATHE DYKSTRA, Chair
APPROVED BY AGENCY: March 17, 2022
FILED WITH LRC: March 25, 2022 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, June 22, 2022, 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 attends 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 June 30, 2022. 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: Hon. Diana L. Barber, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7298, fax (502) 696-7293, email dbarber@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 will establish the procedures for making awards under the Dual Credit Scholarship program as authorized by KRS 164.786.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set forth the procedures for administering the Dual Credit Scholarship program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 164.786 requires the Authority to promulgate administrative regulations pertaining to the Dual Credit Scholarship program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing the procedures for administration of the Dual Credit Scholarship program.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The proposed regulation will positively impact all applicants for awards under the Dual Credit Scholarship program by establishing the procedures for administration of the Dual Credit Scholarship program.
(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:
Applicants for the Dual Credit Scholarship program will be required to comply with the provisions of this administrative regulation, including submitting the specified application and satisfying the eligibility criteria.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to applicants in order to comply with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants who comply with this administrative regulation will be considered for an award under this program.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost to implement the regulation.
(b) On a continuing basis:
See (5)(a) above.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Awards under this program are provided through a General Fund base appropriation.
(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:
No increase in fees or funding will be necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
It does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering was not applied. It is not applicable to this amendment. This administrative regulation is intended to provide equal opportunity to participate, and consequently does not inherently result in disproportionate impacts on certain classes of regulated entities. 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 ON STATE OR LOCAL GOVERNMENT
(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?
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 164.786.
(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.
The administrative regulation will result in an additional expenditure by the Authority of $13,150,000 from a General Fund base appropriation for Fiscal Year 2022.
(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 for the first year.
(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 for subsequent years.
(c) How much will it cost to administer this program for the first year?
No additional costs are associated with administration of this regulation for the first year.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are associated with administration of this regulation for subsequent years.
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: