DAR File No. 40862

Regents (Board Of), Administration

Rule R765-609

Regents' Scholarship

Notice of Proposed Rule

(Amendment)

DAR File No.: 40862
Filed: 10/10/2016 04:06:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment updates the rule to reflect current practices in administering the scholarship program and to address concerns about the appeals process for scholarship applicants who disagree with the eligibility determination.

Summary of the rule or change:

Several definitions are updated to current terminology; new definitions are included for the appeals process including the standards for overturning decisions and allowing for late appeals; wording in the base scholarship eligibility is clarified, as well as wording in the application procedures. The rule is reorganized for clarity with some sections being moved to other sections and combined.

Statutory or constitutional authorization for this rule:

• Section 53B-8-108

Anticipated cost or savings to:

the state budget:

This change has no impact on the costs of administration. The changes are organizational and procedural only and do not require additional appropriations nor do the changes result an any perceivable cost savings. There is the possibility that students who have been denied the scholarship may be awarded the scholarship based on their appeal, but that is a case by case basis and does not impact the annual appropriation from the legislature.

local governments:

This rule impacts students who apply for the Regents' Scholarship and results in scholarship funding being awarded to students who may use it at one of the state's public institutions of higher education or any of its local, non-profit institutions (i.e., BYU and Westminster). Local government is neither involved in the program nor does it benefit from the program.

small businesses:

There are no small businesses in Utah that are eligible institutions of higher education for which students may use the scholarship. These amendments, therefore, do not impact small businesses.

persons other than small businesses, businesses, or local governmental entities:

Although these changes address the scholarship program that may be used at non-profit, private institutions of higher education (namely BYU and Westminster), the changes do not have any budgetary impact; they do not impact the amount of the scholarship nor do they change who may qualify for the scholarship. The changes are procedural and organizational and provide clarity and fairness to the application and appeals process.

Compliance costs for affected persons:

There are no compliance costs for affected individuals. Students who are applying for the scholarship will have the same compliance costs as prior to the changes. The only impact will be the process for filing an appeal and understanding the application process and eligibility requirements.

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

These changes are procedural and organizational in nature and do not substantively impact the scholarship award amount or the cost of administration. The changes do not increase or decrease the costs to businesses; they impact only the students who wish to apply for the scholarship and only in respect to the application and appeals process.

Dave Buhler, Commissioner

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

Regents (Board Of)
Administration
BOARD OF REGENTS BUILDING, THE GATEWAY
60 SOUTH 400 WEST
SALT LAKE CITY, UT 84101-1284

Direct questions regarding this rule to:

• Geoff Landward at the above address, by phone at 801-321-7136, by FAX at , or by Internet E-mail at [email protected]

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:

12/01/2016

This rule may become effective on:

12/08/2016

Authorized by:

Dave Buhler, Commissioner of Higher Education

R765. Regents (Board of), Administration.

R765-609. Regents' Scholarship.

R765-609-1. Purpose.

The Regents' Scholarship encourages Utah high school students to prepare for college academically and financially by taking a core course of study in grades 9-12 and saving for college. This statewide scholarship is aligned with the Utah Scholars Core Course of Study which is based on national recommendations as outlined by the State Scholars Initiative. The courses required by the scholarship are proven to help students become college and career ready. In addition, this scholarship encourages high school students to complete meaningful course work through their senior year.

 

R765-609-2. References.

2.1. Utah Code Ann. Section 53B-8-108 et seq., Regents' Scholarship Program.

2.2. Utah Admin. Code Section R277-700-6, High School Requirements (Effective for graduating students beginning with the 2010-2011 School Year).

2.3. Regents' Policy and Procedures R604, New Century Scholarship.

 

R765-609-3. Definitions.

3.1. "Applicant" means a student who is in their last term in high school and on track to complete the high school graduation requirements of a public school established by the Utah State Board of Education and the student's school district or charter school or a private high school in the state that is accredited by a regional accrediting body approved by the Utah State Board of Regents.

3.2. "Base award" means a one-time scholarship to be awarded to applicants who complete the eligibility requirements of section 4.1 of this policy.

3.3. "Board" means the Utah State Board of Regents.

3.4. "College Course Work" means instance in which college credit is earned, including but limited to, concurrent enrollment, distance education, dual enrollment, or early college.

3.[4]5. "Core Course of Study" means the [Utah Scholars Core Course of Study]the courses taken during grades 9-12, for the Core Course of Study which include[s]:

3.[4]5.1. 4.0 credits of English;

3.[4]5.2. 4.0 credits of mathematics taken in a progressive manner (at minimum [Algebra I, Geometry, Algebra II, and a class beyond Algebra II or Math 3]Secondary Mathematics I, Secondary Mathematics II, Secondary Mathematics III and one class beyond); if the student is attending a school that has not implemented the Utah Core "K-12" Standards, a student would complete at minimum Algebra I, Geometry, Algebra II, and a class beyond Algebra II;

3.[4]5.3. 3.5 credits of social studies;

3.[4]5.4. 3.0 credits of lab-based natural science (one each of Biology, Chemistry, and Physics); and

3.[4]5.5. 2.0 credits of the same world or classical language, other than English, taken in a progressive manner.

3.[5]6. "Eligible Institutions" means institutions of USHE, or [at ]any private, nonprofit institution of higher education in Utah accredited by the [Northwest Association of Schools and Colleges]Northwest Commission on Colleges and Universities (NWCCU).

3.7. "Excusable Neglect" means a failure to take proper steps at the proper time, not in consequence of carelessness, inattention, or willful disregard of the scholarship application process, but in consequence of some unexpected or unavoidable hindrance or accident.

3.[6]8. "Exemplary Academic Achievement award" (Exemplary Award) means a renewable scholarship to be awarded to students who complete the eligibility requirements of section 4.2 of this policy.

3.9. "Good Cause" means the student's failure to meet a scholarship application process requirement was due to circumstances beyond the student's control or circumstances that are compelling and reasonable.

3.[7]10. "High school" means a public school established by the Utah State Board of Education or private high school within the boundaries of the State of Utah. If a private high school, it shall be accredited by a regional accrediting body approved by the Board.

3.[8]11. "Home-schooled" refers to a student who has not graduated from a Utah high school and received letter grades for the Core Course of Study in grades 9-12.

3.[9]12. "Recipient" means an applicant who receives an award under the requirements set forth in this policy.

[3.10. "Regents' Diploma Endorsement" means a certificate or transcript notation that may be awarded to students who qualify for the Exemplary Academic Achievement award of the Regents' Scholarship.]

3.[11]13. "Reasonable progress" means enrolling and completing at least fifteen credit hours during Fall and Spring semesters and earning a 3.3 grade point average (GPA) or higher each semester while enrolled at an eligible institution and receiving the award.

3.[12]14. "Renewal Documents" [means a college transcript demonstrating that the recipient has met the required semester GPA and a detailed schedule providing proof of enrollment in fifteen credit hours for the semester which the recipient is seeking award payment]include institutionally produced documents demonstrating that the recipient has met the required semester GPA and a detailed schedule providing proof of enrollment in fifteen credit hours for the semester for which the recipient is seeking award payment.

3.[13]15. "Scholarship [Review]Appeals Committee" means the committee [approved]designated by the Commissioner of Higher Education to review appeals of Regents' Scholarship [applications]award decisions and [make]take final [decisions]agency action regarding awards.

3.16. "Scholarship Staff" means the group assigned to review Regents' Scholarship applications and make initial decisions awarding the scholarships.

3.17. "Substantial Compliance" means the applicant, in good faith, complied with the substantial or essential scholarship application requirements and has demonstrated likely eligibility but failed to comply exactly with the application specifics.

[3.14. "Two years of full-time equivalent enrollment" means the equivalent of four semesters of full-time enrollment (minimum of twelve credit hours per semester).]

3.[15]18. "UESP" means the Utah Educational Savings Plan.

3.[16]19. "USHE" means the Utah System of Higher Education, which includes the University of Utah, Utah State University, Weber State University, Southern Utah University, Snow College, Dixie State University, Utah Valley University, and Salt Lake Community College.

3.20. "Weighted Grade" means a grade shall be weighted if a student completed an advanced placement, international baccalaureate or college course. The grade weight given is half the value of the high school credits earned for the course. For AP and IB courses all grades are averaged and then the weight is applied. When college credit is earned the grade weight is applied to the grade shown on the college transcript.

 

R765-609-4. [Conditions of the Regents' Scholarship Program and Program Terms.]Base Award Requirements

4.1. To qualify for the Regents' Scholarship Base Award, the applicant shall satisfy the following criteria:

4.[1]2. [Base Award: To qualify for the Regents' Scholarship Base award, the applicant shall satisfy the following criteria:]Complete the Core Corse of Study as defined in section 3.5 of this policy subject to the following criteria:

4.[1]2.1. [Complete the Core Course of Study as defined in section 3.4 of this policy.]Not all courses that meet state and individual district high school graduation requirements meet the scholarship requirements;

4.[1]2.2. [GPA: The applicant shall demonstrate completion of the Core Course of Study with a cumulative high school GPA of at least 3.0.]Course Availability: In addition to taking courses at the school they are attending, a student may complete coursework through other accredited Utah high schools or Utah eligible institutions;

4.[1]2.3. [Minimum Grade requirement: the applicant shall have no individual core course grade lower than a "C" on a transcript. Certain courses may receive a weighted grade as outlined under subsection 9.5 of this policy.]A student may meet a course requirement through a competency-based assessment provided it is documented on a transcript and has a letter grade(A-C) assigned;

4.[1]2.4. [ACT Score: The applicant shall submit at least one verified ACT score.]The courses completed shall be unique except when repeated for a higher grade as noted in section 4.4. Students may not take a standard course and then enroll in the honors version of the same course and count both toward meeting the scholarship credit requirements and, when applicable, the requirement of progression; and

4.[1]2.5. [Utah High School Graduation: The applicant shall have graduated from a Utah high school.]Repeated course work shall not count toward accumulation of required credits.

[4.1.6. Citizenship Requirement: A recipient shall be a citizen of the United States or a noncitizen who is eligible to receive federal student aid.

4.1.7. No Criminal Record Requirement: A recipient shall not have a criminal record; with the exception of a misdemeanor traffic citation.

4.1.8. Mandatory Fall Term Enrollment: A recipient shall enroll in fifteen credit hours at an eligible institution by Fall semester immediately following the student's high school graduation date or receive an approved deferral from the Board under subsection 7.2.

4.1.9. New Century Scholarship: A recipient shall not receive a Regents' Scholarship and the New Century Scholarship established in Utah Code Section 53B-8-105 and administered in R604.

4.2. Exemplary Academic Achievement award: To qualify for the Regents' Scholarship Exemplary Academic Achievement award, the applicant shall satisfy all requirements for the Base award, and additionally meet all of the following requirements:]

4.[2. 1.]3. [Required ]GPA: The applicant shall [have a cumulative high school GPA of at least 3.5]demonstrate completion of the Core Course of Study with a non-weighted cumulative high school GPA of at least 3.0.

4.[2.2]4. Minimum Grade [r]Requirement: the applicant shall earn[s] a course grade on a transcript of "[B]C" or above in each individual course listed in [Utah Code 53B-8-109(1)(d)(i)]section 3.5. Certain courses may receive a weighted grade as outlined under subsection 9.5 [of this policy]as part of the scholarship award determination.

4.5. Replacing Low Grades by Retaking a Course: An applicant may retake a course to replace a low grade received. When retaking courses to replace a grade the following subsections apply:

4.5.1. The Entire Course: The applicant shall either (1) retake the entire original course, or (2) complete an approved course equal to or greater in credit value in the same subject-area. The math and foreign language requirement of progression shall be shown. This is true even if the applicant only received a lower grade in a single semester, term, trimester, or quarter.

4.5.2. The Higher of Two Grades: The higher of two grades in the same or an approved course will count towards meeting the scholarship requirements.

4.5.3. Approved Courses and Progression Determined by the Regents' Scholarship Review Committee: The Regents' Scholarship Review Committee reserves the right to determine if the repeated course qualifies as an approved course in the same subject-area and if progression is required and demonstrated.

4.5.4. "P" and "I" Grades not Accepted: Pass/fail or incomplete grades do not meet the minimum scholarship grade requirement.

4.6. College Course Work: College course work will only be evaluated if the applicant submits an official college transcript. If an applicant enrolls in and completes a college course worth three or more college credits, this shall be counted as one high school credit toward the scholarship requirements. The student is evaluated on the college grade earned, with the weight added to the college grade as defined in section 3.19.

4.[2.3]7. [Required ]ACT Score: The applicant shall submit [a]at least one verified [composite ]ACT score[of at least 26].

4.8. Utah High School Graduation: The applicant shall have graduated from a Utah high school.

4.9. Citizenship: A recipient shall be a citizen of the United States or a noncitizen who is eligible to receive federal student aid.

4.10. No Criminal Record: A recipient shall not have a criminal record, with the exception of a misdemeanor traffic citation.

4.11. Mandatory Fall Semester Enrollment: A recipient shall enroll in fifteen credit hours at an eligible institution by Fall semester immediately following the student's high school graduation date or receive an approved deferral from the Board under subsection 7.2. Documentation shall include the recipient's name, the semester the recipient will attend, the name of the institution they are attending and the number of credits for which the recipient is enrolled.

4.12. New Century Scholarship: A recipient shall not receive both a Regents' Scholarship and the New Century Scholarship established in Utah Code Section 53B-8-105 and administered in R765-604.

 

R765-609-5. Exemplary Academic Achievement Award Requirements.

5.1. To qualify for the Regents' Scholarship Exemplary Academic Achievement Award, the applicant shall satisfy all requirements for the base award (see Subsection 3.4), and additionally meet all of the following requirements:

5.2. GPA: The applicant shall have a non-weighted cumulative high school GPA of at least 3.5.

5.3. Minimum Grade: The applicant shall earn a course grade on a transcript of "B" or above in each individual course listed in section 3.4. Certain courses may receive a weighted grade as part of the scholarship award determination.

5.4. ACT Score: The applicant shall submit a verified composite ACT score of at least 26.

 

R765-609-6. Continuation and Renewal of the Exemplary Award.

[4.2.4]6.1. Duty of Student to Report Reasonable Progress Toward Degree Completion: In order to renew the Exemplary [Academic ]Achievement Award, the recipient shall submit renewal documents each semester, providing evidence of reasonable progress toward degree completion by the deadlines established in current program materials.

[4.2.4.1]6.2. If the recipient fails to maintain a 3.3 GPA in a single semester the recipient is placed on probation and shall earn a 3.3 GPA or better the following semester to maintain eligibility. If the recipient again at any time earns less than a 3.3 GPA or fails to enroll and complete fifteen credit hours, except as outlined in section 7.2 of this policy, the scholarship may be revoked.

[4.2.4.2. Each semester, the recipient shall submit renewal documents to the Scholarship Review Committee providing evidence of making reasonable progress, by the deadlines listed below:

4.2.4.2.1. For Fall semester renewal documents shall be submitted by September 30.

4.2.4.2.2. For Spring/Winter semester renewal documents shall be submitted by February 15.

4.2.4.2.3. For Summer semester renewal documents shall be submitted by June 30.

4.2.4.2.4. If the recipient is attending Brigham Young University during Spring term renewal documents shall be submitted by May 30.]

[4.2.5]6.3. A recipient will not be required to enroll in fifteen credit hours if the student can complete his/her degree program with fewer credits.

[4.3. Replacing Low Grades by Retaking a Course: An applicant may retake a course to replace a low grade received. When retaking courses to replace a grade the following subsections apply:

4.3.1. The Entire Course: The applicant shall either (1) retake the entire original course, or (2) complete an approved course equal to or greater in credit value in the same subject-area. The math and foreign language requirement of progression shall be shown. This is true even if the applicant only received a lower grade in a single semester, term, trimester, or quarter.

4.3.2. The Higher of Two Grades: The higher of two grades in the same or an approved course will count towards meeting the scholarship requirements.

4.3.3. Approved Courses and Progression Determined by the Regents' Scholarship Review Committee: The Regents' Scholarship Review Committee reserves the right to determine if the repeated course qualifies as an approved course in the same subject-area and if progression is required and demonstrated.

4.4. Student Transfer: A scholarship may be transferred to a different eligible institution upon request of the student.

4.5. "P" and "I" Grades not Accepted: Pass/fail or incomplete grades do not meet the minimum grade requirement, nor do they qualify toward the scholarship renewal requirements.]

 

R765-609-[5]7. Application Procedures.

[5]7.1. Application Deadline: Applicants shall submit a n official scholarship application to the [Scholarship Review Committee]no later than February 1 of the year that they graduate from high school. A priority deadline may be established each year. Applicants who meet the priority deadline may be given first priority or consideration for the scholarship. Subject to funding, students may be considered based on date of completed and submitted application.

[5]7.2. Required Documentation: Scholarship awards [may]shall be denied if all documentation is not complete and submitted by the specified deadlines. If any documentation demonstrates that the applicant did not satisfactorily fulfill all course and GPA requirements, or if any information, including the attestation of criminal record or citizenship status, proves to be falsified the scholarship award may be denied. Required documents that shall be submitted with a scholarship application include:

[5]7.2.1. the official online application;

[5]7.2.2. an official high school paper or electronic transcript, official college transcript(s) when applicable, and any other miscellaneous transcripts demonstrating all completed courses and GPA. [A f]Final transcript (s) [showing the last semester of coursework ]will be requested if the student is found conditionally approved, meaning that the student appears to be on track to receive the scholarship;

[5]7.2.3. verified ACT score(s) .[; and

5.2.4. a class schedule form, provided by the Board, demonstrating the courses and credits that the student will complete during grade twelve. Simply submitting a high school transcript does not satisfy this requirement.

5.3. Incomplete Documentation: Applications or other submissions that have missing information or missing documents are considered incomplete, and will not be reviewed.]

 

R765-609-[6]8 . Amount of Awards and Distribution of Award Funds.

[6]8.1. Funding Constraints of Awards: The Board may limit or reduce the Base award and/or the Exemplary Academic Achievement award, as well as supplemental awards granted, depending on the annual legislative appropriations and the number of qualified applicants.

[6]8.2. Amount of Awards.

[6]8.2.1. Base Award: The Base award of up to $1,000 may be adjusted annually by the Board in an amount up to the average percentage tuition increase approved by the Board for USHE institutions.

[6]8.2.2. Exemplary Academic Achievement Award: The Exemplary Academic Achievement award is up to the amount provided by law and as determined each spring by the Board based on legislative funding and the number of applicants. The Exemplary Academic Achievement award may be renewed for the shortest of the following:

[6]8.2.2.1. Four semesters of enrollment in fifteen credit hours;

[6]8.2.2.2. Sixty-five credit hours; or

[6]8.2.2.3. Until the student meets the requirements for a baccalaureate degree.

8.2.3. UESP Supplemental Award to Encourage College Savings: Subject to available funding, an applicant who qualifies for the Base award is eligible to receive up to an additional $400 in state funds to be added to the total scholarship award.

8.2.3.1. For each year the applicant is 14, 15, 16, or 17 years of age and had an active UESP account, the Board may contribute, subject to available funding, $100 (i.e., up to $400 total for all four years) to the recipient's award if at least $100 was deposited into the account for which the applicant is named the beneficiary.

8.2.3.2. If no contributions are made to an applicant's account during a given year, the matching amount will likewise be $0.

8.2.3.3. If contributions total more than $100 in a given year, the matching amount will cap at $100 for that year.

8.2.3.4. Matching funds apply only to contributions, not to transfers, earnings, or interest.

[6]8.3. Distribution of Award Funds.

[6.3.1. Enrollment Documentation: The award recipient shall submit to the Scholarship Review Committee a copy of the college class schedule verifying that the recipient is enrolled in fifteen credit hours or more at an eligible institution. Documentation shall include the recipient's name, the semester the recipient will attend, the name of the institution they are attending and the number of credits for which the recipient is enrolled.]

[6]8.3.[2]1. Award Payable to Institution: The award will be made payable to the institution. The institution may pay over to the recipient any excess award funds not required for tuition payments. Award funds shall be used for any qualifying higher education expense including: tuition, fees, books, supplies, equipment required for course instruction, or housing.

[6]8.3.[3]2. Credit Hours Dropped After Award Payment: If a recipient drops credit hours after having received the award which results in enrollment below fifteen credit hours, the scholarship will be revoked.

[6.4. UESP Supplemental Award to Encourage College Savings: Subject to available funding, an applicant who qualifies for the Base award is eligible to receive up to an additional $400 in state funds to be added to the total scholarship award.

6.4.1. For each year the applicant is 14, 15, 16, or 17 years of age and had an active UESP account, the Board may contribute, subject to available funding, $100 (i.e., up to $400 total for all four years) to the recipient's award if at least $100 was deposited into the account for which the applicant is named the beneficiary.

6.4.2. If no contributions are made to an applicant's UESP account during a given year, the matching amount will likewise be $0.

6.4.3. If contributions total more than $100 in a given year, the matching amount will cap at $100 for that year.

6.4.4. Matching funds apply only to contributions, not to transfers, earnings, or interest.]

 

R765-609-[7]9 . Time Constraints and Continuing Eligibility.

[7]9.1. Time Limitation: A Regents' Scholarship recipient shall use the award in its entirety within five years after his/her high school graduation date.

[7]9.2. Deferral or Leave of Absence: A recipient shall apply for a deferral or leave of absence if they do not continuously enroll in fifteen credit hours.

[7]9.2.1. Deferrals or leaves of absence may be granted, at the discretion of the Scholarship Review Committee, for military service, humanitarian/religious service, documented medical reasons, and other exigent reasons.

[7]9.2.2. An approved deferral or leave of absence will not extend the time limits of the scholarship. The scholarship may only be used for academic terms which begin within five years after the recipient's high school graduation date.

[7]9.3. No Guarantee of Degree Completion: Neither a Base award nor an Exemplary Academic Achievement award guarantees that the recipient will complete his or her associate or baccalaureate program within the recipient's scholarship eligibility period.

 

R765-609-[8]10 . Scholarship Determinations and Appeals.

[8]10.1. Scholarship Determinations: Submission of a scholarship application does not guarantee a scholarship award. [Individual scholarship applications will be reviewed, and award decisions made, at the discretion of a Scholarship Review Committee]shall review individual scholarship applications and make the awards determination. Awards are based on available funding, applicant pool, and applicants' completion of scholarship criteria by the specified deadline.[Each applicant will receive a letter informing the applicant of the decision on his/her application.]

[8]10.2. Appeals: [Applicants and recipients have the right to appeal an adverse decision.]An applicant has the right to appeal the Scholarship Staff's adverse decision by filing an appeal with the Scholarship Appeals Committee subject to the following conditions:

[8]10.2.1. [Appeals shall be (postmarked) within 30 days of date of notification by submitting a completed Appeal Application found on the program Web site]The appeal must be in writing and submitted in person or through the U.S. Mail. Appeals must be hand delivered to the office or postmarked within 30 days of the date on which the scholarship notification was issued.

[8]10.2.2. [An appeal filed before the applicant/recipient receives official notification from the Scholarship Review Committee regarding their application, will not be considered]In the appeal, the applicant must provide his or her full name, mailing address, the high school he or she last attended, a statement of the reason for the appeal, and all information or evidence that supports the appeal. The failure of an applicant to provide the information in this subsection shall not preclude the acceptance of an appeal.

[8]10.2.3. [The appeal shall provide evidence that an adverse decision was made in error, such as that in fact, the applicant/recipient met all scholarship requirements and submitted all requested documentation by the deadline]An appeal filed before the applicant receives official notification from the Scholarship Staff of its decision shall not be considered.

[8]10.2.4. [Appeals are not accepted for late document submission]If an applicant failed to file his or her appeal on time, the Scholarship Appeals Committee shall notify the applicant of the late filing and give him or her an opportunity to explain the reasons for failing to file the appeal by the deadline. The Scholarship Appeals Committee shall not have jurisdiction to consider the merits of an appeal that is filed beyond the deadline unless it determines the applicant established excusable neglect.

[8]10.2.5. [A submission of an appeal does not guarantee a reversal of the original decision]The Scholarship Appeals Committee shall review the appeal to determine if the award decision was made in error, or if the applicant demonstrated substantial compliance with the scholarship application requirements but failed to meet one or more requirements for good cause.

[8]10.2.6. [It is the applicant/recipient's responsibility to file the appeal, including all supplementary documentation. All documents shall be mailed to the Regents' Scholarship address]If the Scholarship Appeals Committee determines the applicant has shown by a preponderance of the evidence that the initial decision was made in error, it shall either reverse the initial decision or remand it back to the Scholarship Staff for further review in accordance with the Appeals Committee's instructions.

[8]10.2.7. [Appeals will be reviewed and decided by an appeals committee appointed by the Commissioner of Higher Education]If the Scholarship Appeals Committee determines the applicant has shown by a preponderance of the evidence that he or she demonstrated substantial compliance with the application process requirements and good cause for failing to meet one or more of the requirements, the Appeals Committee shall grant the applicant a reasonable period of time to complete the remaining requirements and to resubmit the completed application to the Scholarship Staff for a redetermination. In such a case, the applicant shall have the right to appeal an adverse decision according to this rule .

10.2.8. The Scholarship Appeals Committee's decision shall be in writing and contain its findings of facts, reasoning and conclusions of law and notice of the right to judicial review.

10.2.9. The Scholarship Appeals Committee's decision represents the final agency action. An applicant who disagrees with the Scholarship Appeal Committee's Decision may seek judicial review in accordance with Utah Code 63G-4-402.

 

[ R765-609-9. Rules for Completing Course Work.

9.1. Although a course may meet state and individual district high school graduation requirements, the course may not meet the scholarship requirements. If a required course is not taught at the school the student attends they can elect to enroll in the Utah Electronic High School, distance education concurrent enrollment, or a course offered at another accredited Utah high school or college. Course work found at additional online sources shall be from an accredited institution approved by the Board.

9.2. Applicants are required to complete the entire curriculum for a course. For example, if a course is designed to be taken as a full year or for one full credit, the student shall complete the entire course in order to have it count toward the completion of a requirement for the scholarship.

9.3. Course work that is "tested out" of is not accepted for the Regents' Scholarship.

9.4. In each content area, the courses completed shall be unique.

9.4.1. Students cannot take a standard course and then enroll in the honors version of the same class and count both toward meeting the credit requirement and, in cases, the requirement of progression.

9.4.2. Repeated course work does not count toward the credit fulfillment.

9.5. Weighted Grade: The grade earned in any course designated on the student's high school transcript as Advanced Placement (AP) International Baccalaureate (IB), or a college course concurrent enrollment shall be weighted (only if a college transcript is provided) according to the Scholarship Review Committee's standard procedures.

9.6. College Course Work: The Scholarship Review Committee reserves the right to apply a 3:1 ratio in relation to college course work. If an applicant enrolls in and completes a college course worth three or more college credits, this may be counted as one full credit toward the scholarship requirements. However, the student then is evaluated on the college grade earned, with the weight added to the college grade earned.]

 

KEY: higher education, scholarships, secondary education

Date of Enactment or Last Substantive Amendment: [July 8, 2013]2016

Notice of Continuation: February 25, 2015

Authorizing, and Implemented or Interpreted Law: 53B-8-108