DAR File No. 40862
This rule was published in the November 1, 2016, issue (Vol. 2016, No. 21) of the Utah State Bulletin.
Regents (Board Of), Administration
Notice of Proposed Rule
DAR File No.: 40862
Filed: 10/10/2016 04:06:08 PM
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.
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.
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)
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 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:
Dave Buhler, Commissioner of Higher Education
R765. Regents (Board of), Administration.
R765-609. Regents' Scholarship.
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.
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.
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.
4]. "Core Course of Study" means the [ Utah Scholars Core Course of Study] taken during grades 9-12,
which include[ s]:
4].1. 4.0 credits of English;
4].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]);
4].3. 3.5 credits of social studies;
4].4. 3.0 credits of lab-based natural science (one each of
Biology, Chemistry, and Physics); and
4].5. 2.0 credits of the same world or classical language,
other than English, taken in a progressive manner.
5] "Eligible Institutions" means
USHE, or [ at ]any private, nonprofit institution of higher
education in Utah accredited by the [ Northwest Association of Schools and Colleges].
6]. "Exemplary Academic Achievement award"
means a renewable scholarship to be
awarded to students who complete the eligibility requirements of
section 4.2 of this policy.
7]. "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.
8]. "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.
9]. "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
11]. "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
12]. "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].
13]. "Scholarship [ Review] Committee" means the committee [ approved] to review
Regents' Scholarship [ applications] and [ make] final [ decisions] regarding awards.
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
15]. "UESP" means the Utah Educational Savings
16]. "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.
Conditions of the Regents' Scholarship Program and
1]. [ Base Award: To qualify for the Regents' Scholarship
Base award, the applicant shall satisfy the following
1].1. [ Complete the Core Course of Study as defined in section 3.4
of this policy.]
1].2. [ GPA: The applicant shall demonstrate completion of the Core
Course of Study with a cumulative high school GPA of at least
1].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.]
1].4. [ ACT Score: The applicant shall submit at least one verified
1].5. [ Utah High School Graduation: The applicant shall have
graduated from a Utah high school.]
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
1.] [ Required ]GPA: The applicant shall [ have a cumulative high school GPA of at least 3.5].
2.2]. Minimum Grade [ r]equirement: the applicant
earn[ s] a course grade on a transcript of "[ B]" or above in each individual course listed in [ Utah Code 53B-8-109(1)(d)(i)]. Certain courses may receive a weighted grade as
outlined under subsection 9.5 [ of this policy].
2.3]. [ Required ]ACT Score: The applicant shall submit [ a] verified [ composite ]ACT score[ of at least 26].
4.2.4]. 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
providing evidence of reasonable progress
toward degree completion
126.96.36.199]. 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
188.8.131.52. Each semester, the recipient shall submit renewal
documents to the Scholarship Review Committee providing evidence of
making reasonable progress, by the deadlines listed
below: 184.108.40.206.1. For Fall semester renewal documents shall be
submitted by September 30. 220.127.116.11.2. For Spring/Winter semester renewal documents
shall be submitted by February 15. 18.104.22.168.3. For Summer semester renewal documents shall be
submitted by June 30. 22.214.171.124.4. If the recipient is attending Brigham Young
University during Spring term renewal documents shall be submitted
by May 30.]
4.2.5]. 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
5]. Application Procedures.
5].1. Application Deadline: Applicants shall submit a
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.
5].2. Required Documentation: Scholarship awards [ may] 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].2.1. the official online application;
5].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]inal transcript
[ 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].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.]
. Amount of Awards and Distribution of Award Funds.
6].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
6].2. Amount of Awards.
6].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
6].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].2.2.1. Four semesters of enrollment in fifteen credit
6].2.2.2. Sixty-five credit hours; or
6].2.2.3. Until the student meets the requirements for a
6].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
6].3.[ 2]. 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].3.[ 3]. 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
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.]
. Time Constraints and Continuing Eligibility.
7].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].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].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].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].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
. Scholarship Determinations and Appeals.
8].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]. Awards are based on available funding,
applicant pool, and applicants' completion of scholarship
.[ Each applicant will receive a letter informing the
applicant of the decision on his/her application.]
8].2. Appeals: [ Applicants and recipients have the right to appeal an
8].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].
8].2.2. [ An appeal filed before the applicant/recipient receives
official notification from the Scholarship Review Committee
regarding their application, will not be considered].
8].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].
8].2.4. [ Appeals are not accepted for late document
8].2.5. [ A submission of an appeal does not guarantee a reversal of
the original decision].
8].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
8].2.7. [ Appeals will be reviewed and decided by an appeals
committee appointed by the Commissioner of Higher
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]
Notice of Continuation: February 25, 2015
Authorizing, and Implemented or Interpreted Law: 53B-8-108
More information about a Notice of Proposed Rule is available online.
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