DAR File No. 32418

Education, Administration

R277-701-7

Waivers or Exceptions for Student Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 32418
Filed: 03/02/2009, 02:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to include U.S. Department of Education guidelines to clarify scholarship eligibility.

Summary of the rule or change:

The amendment provides clarification to the waiver or exception for student requirements section of the rule.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendment merely provides clarification and does not change the manner in which the Program will been administered.

local governments:

There are no anticipated costs or savings to local government. The Program is administered through the Utah State Office of Education (USOE).

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. The Scholarship grant is provided by the U.S. Department of Education and administered by the USOE. Small businesses are not involved in the process.

Compliance costs for affected persons:

There are no compliance costs because of this amendment. The Program will not be administered in any different way. The amendment merely provides clarification.

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

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

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

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Kathy Akin at the above address, by phone at 801-538-7830, by FAX at 801-538-7768, or by Internet E-mail at kathy.akin@schools.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:

04/14/2009

This rule may become effective on:

04/21/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-701. Robert C. Byrd Honors Scholarship Program.

R277-701-7. Waivers or Exceptions for Student Requirements.

A. A scholarship recipient may be allowed, based on prior approval for unusual circumstances to interrupt or postpone, the recipient's use of the scholarship for a period not to exceed 12 months, after the first full year of college is completed.

B. A scholarship recipient shall complete and submit a waiver request form, available from the USOE or through the USOE website, with attached required documentation.

(1) A recipient shall request the postponement or interruption from the USOE in writing at least eight weeks in advance of the beginning of the postponement/interruption.

(2) The USOE may consider a written request for a postponement/interruption with less than the eight week notice:

(a) for good cause, and

(b) so long as the funds are not lost or sacrificed.

(3) Unusual circumstances shall be limited to:

(a) military enlistment;

(b) religious or charitable service;

(c) a foreign study opportunity; or

(d) personal or family emergency or significant change of circumstances.

(4) The USOE may ask the student for a written explanation or documentation or both of the student's unusual circumstances.

(5) A scholarship recipient who desires to change his enrollment status from full-time to part-time shall satisfy the requirements of a postponement/interruption.

C. A scholarship recipient may be allowed, based on prior approval for exceptional circumstances, to extend an approved 12-month postponement/interruption of the scholarship award. Exceptional circumstances shall be limited to:

(1) extended religious or charitable service;

(2) extended military service; or

(3) an extended personal or family emergency or health crisis necessitating the recipient's extended delay of his education.

(4) There shall be a presumption that personal and family emergencies can be resolved in less than 12 months; scholarship recipients shall be required to provide written justification and documentation of compelling circumstances to justify a scholarship postponement/interruption of longer than 12 months.

(5) All long-term postponement/interruptions shall be requested in writing from the USOE at least eight weeks in advance of the beginning of the postponement/interruption and shall include documentation of the necessity for the extended delay.

D. A recipient who is denied a postponement/interruption for unusual or exceptional circumstances may appeal the decision to the USOE Assistant Superintendent for Curriculum. The decision of the Assistant Superintendent is the final administrative decision.

 

KEY: scholarships

Date of Enactment or Last Substantive Amendment: [December 11, 2006]2009

Authorizing, and Implemented or Interpreted Laws: Art X, Sec 3; 53A-1-401(3); 34 CFR 654