DAR File No. 27982

Human Services, Child and Family Services

R512-306

Independent Living Services, Education and Training Voucher Program

NOTICE OF PROPOSED RULE

DAR File No.: 27982
Filed: 06/02/2005, 11:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose if this change is to implement the Education and Training Voucher (ETV) Program which assists foster individuals in making the transition to self-sufficiency in adulthood. The ETV Program provides financial resources through material benefits for postsecondary education and vocational training. This change will allow part-time students to participate, as well as full-time students.

Summary of the rule or change:

This change will allow part-time students to participate, as well as full-time students in the ETV Program.

State statutory or constitutional authorization for this rule:

Section 62A-4a-105 and Pub. L. No. 107-133

Anticipated cost or savings to:

the state budget:

This program will implement this new federal grant program requiring 20% state match ($16,000) which will be absorbed by the Division's budget.

local governments:

After careful review, there will be no impact on local government because the money for the program is funded through federal and state funds.

other persons:

Persons affected by this rule would be individuals approved for educational vouchers. Costs would be minimal and would only affect individuals who apply. Successful applicants will receive the training vouchers.

Compliance costs for affected persons:

Compliance costs are minimal--$10 or less, cost might include postage, transportation, and/or long distance calls as part of the application process.

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

The training vouchers for this program may be used at public or private colleges or public or private technical institutes. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Adam F. Trupp at the above address, by phone at 801-538-8258, by FAX at 801-538-3993, or by Internet E-mail at AFTRUPP@utah.gov

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:

08/01/2005

This rule may become effective on:

08/02/2005

Authorized by:

Richard Anderson, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-306. Independent Living Services, Education and Training Voucher Program.

R512-306-1. Purpose and Authority.

1) The Education and Training Voucher Program (ETV) assists individuals in foster care[foster individual's] make a more successful [the ]transition to self-sufficiency in adulthood. The Education and Training Voucher Program provides the financial resources for postsecondary education and vocational training necessary to obtain employment or to support the individual's employment goals.

2) The Education and Training Voucher Program is authorized by Pub. L. No. 107-133, which is incorporated by reference. 20 USC 1087kk and 20 USC 108711 (2001) are also incorporated by reference.

R512-306-2. Definitions.

1) The following terms are defined for the purposes of this rule:

a) Institution of higher education means a school that:

i. Awards a bachelor's degree or not less than a two-year program that provides credit towards a degree, or

ii. Provides not less than one year of training towards gainful employment, or

iii. Is a vocational program that provides training for gainful employment and has been in existence for at least two years, and that also meets all of the following:

[iv]A. Admits as regular students only persons with a high school diploma or equivalent; or who are beyond the age of compulsory school attendance (Section 53A-11-101 and 53A-11-102).

[v]B. Public or non-profit facility;[.] and

[vi]C. Accredited or pre-accredited by a recognized accrediting agency that the Secretary of Education determines to be reliable and is authorized to operate in the state.

b) Satisfactory progress means maintaining at least a C grade average or 2.0 on a 4.0 scale on a cumulative basis or equivalent passing status as determined by the educational institution.

c) GED means General Education Development.

d) Division means Division of Child and Family Services.

e) Foster care means substitute care for children in the custody of the Division and provided by families licensed by the Department of Human Services, Office of Licensing[individual in the custody of the Department of Human Services/Division of Child and Family Services] and/or Indian Tribes.

f) Full-time means enrollment in the standard number of credit hours for each semester or quarter as defined by the educational institution.

g) Part-time means enrollment in fewer credit hours than the full-time standard as defined by the educational institution.

R512-306-3. Scope of Program.

1) To be eligible for the Education and Training Voucher Program, an individual must meet all of the following requirements:

a) An individual in foster care who has not yet reached[attained ]21 years of age, or

b) An individual no longer in foster care who reached[attained] 18 years of age while in foster care and who has not yet reached[attained] 21 years of age[,] or

c) An individual adopted from foster care after reaching[attaining] 16 years of age and who has not yet attained 21 years of age;[.]

d) Have graduated from high school or earned a GED;

e) Have an individual educational assessment and individual education plan completed by DCFS or their designee;

f) Submit a completed application for the Education and Training Voucher Program;

g) Be accepted to a qualified college, university, or vocational program;

h) Apply for and accept available financial aid from other sources before obtaining funding from the Education and Training Voucher Program;

i) Enroll as a full-time or part-time student in the college, university or vocational program; and

j) Maintain a 2.0 cumulative grade point average on a 4.0 scale or equivalent as determined by the educational institution.

2) The application and attachments will be reviewed and approved by regional independent living program staff or their designee. Individuals meeting all requirements will be accepted for program participation when [available ]ETV funding is available[ for this purpose permits]. If demand exceeds available funding, the Division may establish a waiting list which will then be awarded to the applicants in the order received on a first come first serve basis for funding or the Division may approve applications for lesser amounts of funding. The individual will receive written notice of approval or denial of the application. If denied or terminated, a written reason for denial will be provided[ and will include instructions about how to appeal the decision].

3) If an application for benefits under the Education and Training Vouches program is denied, the applicant has the right to appeal the decision through an administrative hearing in accordance with Section as per 63-46b-3 et seq.

4) The [I]individual may participate in the Employment and Training Voucher Program until the completion of:

a) the degree or vocational program; or

b) reach age 21[, with one exception].

i) If you reach 21 while [If ]enrolled in the ETV program on the date age 21 is attained, the individual may continue in the program until age 23 as long as the individual is attending an accredited or pre-accredited college, university, or vocational program full-time or part-time, is making satisfactory progress, and funding continues to be available. The individual must make a written request and receive a written approval prior to 21st birthday to be continued for eligibility for the ETV program.

[4]5) The individual must provide ongoing documentation of full-time or part-time enrollment, satisfactory progress as detailed in the individual education plan, additional requests for funding, and any changes in total costs for attendance or other financial aid to the Division in order to continue receiving benefits under the program.

6) A program participant will receive written notice that they are on probationary status if the following condition applies:

a) An individual that receives less than a 2.0 GPA in a single grading period will receive written notice that they are on probationary status. The individual will have one subsequent grading period to regain at least a 2.0 GPA to continue in the program.

b) Upon completion of a satisfactory grading period, participants will be notified that the probation period is over.

c) Participants that do not receive satisfactory grades while on probation will receive written notice that they are no longer eligible for the ETV program.

[5]7) An individual under age 21 who has previously been denied acceptance to the program or who lost eligibility for the program due to not making satisfactory progress or not attending full-time may reapply for the program at any time.[

6) If an application for benefits under the Education and Training Vouches program is denied, the applicant will have the right to appeal the decision through an administrative hearing in accordance with Section 63-46b-3 et seq.]

[7]8) An individual may receive vouchers up to a maximum amount of $5,000 per year through the Education and Training Voucher Program. Amounts are determined by the cost of tuition at specific educational institutions and enrollment status.

a) In accordance with 20 USC 1087kk, the total amount awarded may not exceed the total cost of attendance, as described in R512-306-4, minus:

i) expected contributions from the individual's family; and[ minus]

ii) estimated financial assistance from other State or Federal grants or programs.

b) Awards are subject to the availability of Division ETV funds appropriated for this program.

[b]c) In accordance with 42 USC 677(i)(5), the amount of benefits received through the Education and Training Voucher Program may be disregarded in determining a individual's eligibility for, or amount of, any other Federal or Federally supported assistance.[

c) Awards are subject to the availability of Division ETV funds appropriated for this program.]

R512-306-4. Cost of Attendance.

1) The cost of attendance, is authorized in 20 USC 1087ll.

KEY: foster care, independent living

[September 22, 2004]2005

62A-4a-105

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Adam F. Trupp at the above address, by phone at 801-538-8258, by FAX at 801-538-3993, or by Internet E-mail at AFTRUPP@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.