DAR File No. 28663

Human Services, Child and Family Services

R512-306

Independent Living Services, Education and Training Voucher Program

NOTICE OF PROPOSED RULE

DAR File No.: 28663
Filed: 04/21/2006, 01:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to change the wording "Independent Living" to "Transition to Adult Living" and make minor changes to the rule to better reflect the Transition to Adult Living Services, Education and Training Voucher Program.

Summary of the rule or change:

The Division will change the rule from "Independent Living Services" to "Transition to Adult Living Services" to better accommodate youth who are enrolled in the Transition to Adult Living Services and to clarify the use of the Education and Training Voucher Program.

State statutory or constitutional authorization for this rule:

Section 62A-4a-105

Anticipated cost or savings to:

the state budget:

The Finance Director for the Division reviewed possible anticipated costs or savings to the state budget due to this rule amendment. It was determined that this rule amendment will not increase costs or savings to the Division because this is a change in wording only. Services will be provided within the current budget.

local governments:

After a careful review of possible impact of costs or savings on local government by the Division's Finance Director, it was determined that there will be no increased costs or savings due to this rule amendment because this is a wording change only.

other persons:

The Finance Director for the Division reviewed possible anticipated costs or savings to other persons due to this rule amendment. It was determined that the families affected by this rule amendment will not see an increase in costs or savings because this is a wording change only.

Compliance costs for affected persons:

After careful review by the Division's Finance Director of possible compliance costs for affected persons, it was determined that there will be no compliance costs for affected persons.

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

There will be no impact on businesses. 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:

Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at CAROLMILLER@utah.gov or 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:

06/14/2006

This rule may become effective on:

06/15/2006

Authorized by:

Richard Anderson, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-306. [Independent]Transition to Adult 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 to make a more successful transition to self-sufficiency in adulthood. The Education and Training Voucher p[P]rogram 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:

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).

B. Public or non-profit facility; and

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 Department of Human Services/Division of Child and Family Services[and provided by families licensed by the Department of Human Services, Office of Licensing] 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 21 years of age, or

b) An individual no longer in foster care, but who received 12 months of Transition to Adult Living services after the age of 14 while in foster care and the court terminated reunification, or

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

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

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

e) [Have]Has an individual educational assessment and individual education plan completed by [DCFS]the Division 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]Transition to Adult Living program staff or their designee. Individuals meeting all requirements will be accepted for program participation when [ETV]Education and Training Voucher Program funding is available. 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.

3) If an application for benefits under the Education and Training Voucher[s] 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 individual may participate in the Education[Employment] and Training Voucher Program until the completion of:

a) the degree or vocational program; or

b) reach age 21.

[i]c) If [you]an individual attains age [reach ]21 while enrolled in the [ETV]Education and Training Voucher Program[ 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 his or her 21st birthday to be continued for eligibility for the [ETV program]Education and Training Voucher Program.

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:]who receives less than a 2.0 GPA in a single grading period will be placed on probationary status and,

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

b) Upon completion of a satisfactory grading period, the participant[s] will be notified that the probation period is over.

c) The [P]participant[s] that does not receive satisfactory grades while on probation will receive written notice [that they are no longer eligible for]of loss of eligibility for the [ETV program]Education and Training Voucher Program.

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.

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

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

b) Awards are subject to the availability of Division [ETV]Education and Training Voucher Program funds appropriated for this program.

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 an individual's eligibility for, or amount of, any other Federal or Federally supported assistance.

[R512-306-4. Cost of Attendance.

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

]KEY: foster care, Transition to Adult Living[independent living]

Date of Enactment or Last Substantive Amendment: [August 3, 2005]2006

Authorizing, Implemented, or Interpreted Law: 62A-4a-105

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at CAROLMILLER@utah.gov or 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.