File No. 35248
This rule was published in the October 1, 2011, issue (Vol. 2011, No. 19) of the Utah State Bulletin.
Robert C. Byrd Honors Scholarship Program
Notice of Proposed Rule
DAR File No.: 35248
Filed: 09/15/2011 06:26:28 PM
Purpose of the rule or reason for the change:
This rule is being repealed because the Robert C. Byrd Honors Scholarship Program funding has been discontinued making the rule no longer necessary.
Summary of the rule or change:
The rule is repealed in its entirety.
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 The rule is repealed because funding has been discontinued making the rule no longer necessary.
There are no anticipated costs or savings to local government. The rule is repealed because funding has been discontinued making the rule no longer necessary.
There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The rule is repealed because funding has been discontinued making the rule no longer necessary.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The rule is repealed because funding has been discontinued making the rule no longer necessary.
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.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-701. Robert C. Byrd Honors Scholarship Program.
R277-701-1. Definitions. A. "ACT score" means the result, expressed
numerically, of the ACT college entrance exam.
B. "Full-time student" means a student enrolled
at an institution of higher education who is carrying a full-time
academic workload, as determined by that institution under
standards applicable to all students enrolled in that
C. "High school graduate" means an individual
(1) a high school diploma;
(2) a General Education Development (GED) Certificate;
(3) any other evidence recognized by the state of Utah as
an equivalent of a high school diploma.
D. "Institution of higher education" means any
public or private nonprofit institution of higher education,
proprietary institution of higher education, or postsecondary
vocational institution to prepare students for gainful employment
in a recognized occupation, as defined in the 1998 Amendments to
Higher Education Act of 1965.
E. "Robert C. Byrd Honors Scholarship (Byrd
Scholarship)" means a scholarship grant from the Secretary
of Education to the states, in this case, the state of Utah, to
provide scholarships for study at institutions of higher
education to outstanding high school graduates who show promise
of continued excellence in an effort to recognize and promote
student excellence and achievement.
F. "USOE" means the Utah State Office of
R277-701-2. Authority and Purpose. A. This rule is authorized by Utah Constitution Article
X, Section 3 which vests general control and supervision of
public education in the Board, Section 53A-1-401(3) which allows
the Board to adopt rules in accordance with its responsibilities,
and 34 CFR 654 which establishes the Robert C. Byrd Honors
Scholarship Program and allows states to participate, in the
Program consistent with the regulations of the section, and
directs participating states to develop eligibility requirements
and procedures for Byrd Scholarship participants.
B. The purpose of this rule is to provide Utah
eligibility requirements and application procedures and timelines
for applicants for the Byrd Scholarship.
R277-701-3. Student Eligibility Requirements. A. Applicants shall be legal residents of Utah.
B. Applicants shall be high school graduates in the same
year that they seek to receive the Byrd Scholarship and attend a
higher education institution.
C. Applicants shall provide documentation of acceptance
to and full-time enrollment, as defined by that institution, in
an accredited institution of higher education as defined under
D. Applicants shall have demonstrated outstanding
academic achievement and show promise of continued academic
(1) Applicants shall have an ACT composite score of 25 or
(2) Applicants shall have a high school (grades 9-12)
grade point average of 3.70 (unweighted on a 4.0 scale) or
E. Applicants shall sign and submit with the application
a Certification of Eligibility for Federal Assistance in Certain
Programs form, required under 34 CFR 75.60 through 75.62, hereby
incorporated by reference.
F. Applicants shall have filed a Statement of Selective
Service Registration Status with the institution he plans to
G. Applicants who are enrolled at a military service
academy are not eligible for the Byrd Scholarship.
R277-701-4. Application Procedures. A. Applications shall be available from school
counselors, the USOE, and online through the USOE website by
January 30 for the subsequent school year.
B. Applicants shall submit complete applications,
including all required documentation. Incomplete applications
shall not be considered.
C. Applicants shall submit only materials specifically
requested in the application. Additional materials will not be
reviewed and will be discarded.
D. Applications shall be delivered by mail or in person
to the USOE as required on the application. Applications will not
be considered if they are emailed or faxed.
R277-701-5. Application and Notification Timelines. A. Applications shall be received by the USOE no later
than 5:00 p.m. on the last Friday of March of the year in which
the scholarship is sought.
B. Scholarship recipients shall be notified of their
receipt of the scholarship no later than June 30, or upon the
USOE receiving grant notification if the USOE receives grant
notification later than June 30.
C. Scholarship recipients shall notify the USOE of their
intent to use the scholarship no later than 15 business days
following USOE notification in order to retain the
D. Continuing scholarship recipients shall notify the
USOE by June 30 of their intent to continue using the scholarship
in the subsequent year.
R277-701-6. Scholarship Award and Continuing
Eligibility. A. A scholarship recipient shall receive $1,500 for each
year of full-time enrollment in an accredited institution of
higher education for a maximum of four years of undergraduate
study provided the program continues to be funded and all
requirements are satisfied by the student.
B. A scholarship recipient continues to be eligible for
scholarship funds as long as the recipient continues to:
(1) remain a legal resident of Utah;
(2) remain a U.S. citizen or provide evidence from the
U.S. Immigration and Naturalization Service that he is a
permanent resident of the United States or is in the United
States for other than a temporary purpose with the intention of
becoming a citizen/permanent resident.
(3) remain enrolled as a full-time student in good
standing in an institution of higher education.
C. A scholarship recipient remains eligible for the
scholarship as long as the recipient maintains satisfactory
progress as determined by the institution of higher education the
recipient is attending.
D. The decision(s) of the USOE for scholarships is the
final administrative determination and based on funds available
in the given year.
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
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
(2) The USOE may consider a written request for a
postponement/interruption with less than the eight week
(a) for good cause, and
(b) so long as the funds are not lost or
(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
(4) The USOE may ask the student for a written
explanation or documentation or both of the student's unusual
(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
(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
(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
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
Date of Enactment or Last Substantive Amendment: April 21,
Authorizing, and Implemented or Interpreted Laws: Art X, Sec
3; 53A-1-401(3); 34 CFR 654]
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com.