File No. 34162
This rule was published in the November 15, 2010, issue (Vol. 2010, No. 22) of the Utah State Bulletin.
Human Services, Child and Family Services
Transition to Adult Living Services, Education and Training Voucher
Notice of Proposed Rule
DAR File No.: 34162
Filed: 10/20/2010 10:14:53 AM
Purpose of the rule or reason for the change:
This rule is being changed to add rulemaking authority, update citation information, and make minor formatting and grammatical changes.
Summary of the rule or change:
The proposed changes to this rule add the rulemaking authority for Child and Family Services, update the referenced citations, and make minor formatting and grammatical changes for consistency.
State statutory or constitutional authorization for this rule:
- Section 62A-4a-102
- Section 62A-4a-105
- Section 63G-4-301
This rule or change incorporates by reference the following material:
- Adds Title 20, Chapter 28, Subchapter IV, Part E, Section 1087ll, published by Government Printing Office, 01/03/2007
- Adds Pub. L. No. 107-133, published by Government Printing Office, 01/17/2002
- Adds Title 20, Chapter 28, Subchapter IV, Part E, Section 1087kk, published by Government Printing Office, 01/03/2007
Anticipated cost or savings to:
the state budget:
There will be no increase in cost or savings to the state budget because these proposed changes update citation information and add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.
There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government, but only applies to Child and Family Services.
There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses, but only applies to Child and Family Services.
persons other than small businesses, businesses, or local governmental entities:
There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities, but only applies to Child and Family Services.
Compliance costs for affected persons:
There are no compliance costs for affected persons associated with implementing the changes to this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no costs or savings on businesses.
Palmer DePaulis, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org
- Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-306. Transition to Adult Living Services, Education and Training Voucher Program.
R512-306-1. Purpose and Authority.
1) The Education and Training Voucher Program assists
individuals in [
foster] care to make a more successful 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
Pub. L.] No. 107-133, which is incorporated by reference.
20 USC 1087kk and 20 USC 108711
[ (2001)] are also incorporated by reference.
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.
Division of Child and Family Services.
f)] Full-time means enrollment in the standard number of
credit hours for each semester or quarter as defined by the
e)] [ Foster] care means substitute care for children in the
custody of the Department of Human Services/Division of Child and
Family Services and/or [ Indian] Tribes.
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,
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,
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
d) An individual adopted from [
foster] care after reaching 16 years of age and who has
not yet attained 21 years of age, and
e) Has an individual educational assessment and individual
education plan completed by
the Division] or their designee;
f) Submit a completed application for the Education and Training Voucher Program;
Be] accepted to a qualified college, university,
or vocational program;
Apply] for and accept
available financial aid from other sources before
obtaining funding from the Education and Training Voucher
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 Transition to Adult Living program staff or
their designee. Individuals meeting all requirements will be
accepted for program participation when Education and Training
Voucher Program funding is available. If demand exceeds available
the Division] may establish a waiting list, which
will then be awarded to the applicants in the order received on a
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 [
p]rogram is denied, the applicant has the right to appeal the
decision through an administrative hearing in accordance with
[ as per 63G-4-301 et seq].
4) The individual may participate in the Education and
Training Voucher Program until[
the completion of]:
t]he degree or vocational program; or
c) If an individual attains age 21 while enrolled in the Education and Training Voucher Program, 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 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 who receives less than a 2.0 GPA in a single grading period will be placed on probationary status and,
a) The individual will receive written notice of probationary status. The individual will have one subsequent grading period to regain or show significant progress toward a 2.0 GPA to continue in the program.
b) Upon completion of a satisfactory grading period, the participant will be notified that the probation period is over.
c) The participant that does not receive satisfactory grades while on probation will receive written notice of loss of eligibility for the 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 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:
e]xpected contributions from the individual's family;
e]stimated financial assistance from other State or Federal
grants or programs.
b) Awards are subject to the availability of
Division] 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.
foster] care, Transition to Adult Living
Date of Enactment or Last Substantive Amendment: [
June 19, 2006]
Notice of Continuation: May 7, 2009
Authorizing, and Implemented or Interpreted Law: 62A-4a-105; 63G-4-301
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20101115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org; Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com.