DAR File No. 43778

Regents (Board of), Administration

Rule R765-622

Career and Technical Education Scholarship Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 43778
Filed: 06/10/2019 02:05:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to implement administrative regulations governing the legislatively created scholarship program. The legislation that created this program was S.B. 136, passed during the 2019 General Session. This rule establishes eligibility criteria, application procedures, and terms of general administration, as directed under the governing statute.

Summary of the rule or change:

This rule provides procedures for administration of the Career and Technical Education Scholarship Program, which will provide financial assistance to students pursuing career and technical education in high demand industries.

Statutory or constitutional authorization for this rule:

• Section 58B-8-115

Anticipated cost or savings to:

the state budget:

The cost to the state budget is $300,000 ongoing.

local governments:

This rule does not impact local governments. The scholarship program governed by this rule benefits only eligible students attending eligible institutions of higher education within the state and does not involve local governments in any capacity.

small businesses:

This rule does not directly impact small businesses. The scholarship program governed by this rule benefits only eligible students attending eligible institutions of higher education within the state. The institutions who are eligible to participate are public institutions of higher education only. No private school, small or large, may participate.

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

Students who enroll in eligible career and technical education programs may qualify for scholarships up to the cost of tuition and books, with an aggregate benefit to all recipients of up to $300,000.

Compliance costs for affected persons:

Application for this scholarship is free, and does not require additional compliance costs for recipients. Eligible institutions receive the scholarship funds toward the cost of tuition. The additional administrative burden of administering this program should be born under existing budgets and will not incur compliance costs. Institutions may use appropriated funds for administrative costs as allowed under the budgeting procedures act, if necessary.

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

This rule impacts only three public institutions of higher education. It will not directly impact businesses, though some businesses could indirectly benefit by hiring graduates of these programs.

David 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 glandward@ushe.edu

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:

07/31/2019

This rule may become effective on:

08/07/2019

Authorized by:

Dave Buhler, Commissioner of Higher Education

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$300,000	$300,000	$300,000
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$300,000	$300,000	$300,000
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$300,000	$300,000	$300,000
Total Fiscal Benefits:	$300,000	$300,000	$300,000
Net Fiscal Benefits:	$0	$0	$300,000

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule is not expected to fiscally impact non-small businesses' revenues or expenditures because the legislation that required this rule created an incentive scholarship program to be provided to eligible students within the system of higher education who enroll in high demand career and technical education programs. Non-small businesses are neither impacted or directly benefit from the incentive scholarship program.

 

The Commissioner of Higher Education, David Buhler, has reviewed and approved this fiscal analysis.

 

 

R765. Regents (Board of), Administration.

R765-622. Career and Technical Education Scholarship Program.

R765-622-1. Purpose.

To provide procedures for administration of the Career and Technical Education Scholarship Program, which will provide financial assistance to students pursuing career and technical education in high demand industries.

 

R765-622-2. References.

2.1. Title 53B, Chapter 8, Part 115, Career and Technical Education Scholarship Program

2.2. Title 53B, Chapter 16, Part 209, Community Colleges

2.3. Title 53B, Chapter 18, Part 1201, Utah State University Eastern

2.4. Title 53B, Chapter 18, Part 301, Area Education Centers

 

R765-622-3. Definitions.

3.1. "Eligible Institution" means Salt Lake Community College's School of Applied Technology established in Title 53B, Chapter 16, Part 209; Snow College; Utah State University Eastern established in Title 53B, Chapter 18, Part 1201; or the Utah State University area education center located at or near Moab described in Title 53B, Chapter 18, Part 301.

3.2. "High Demand Program" means a non-credit career and technical education program that is offered by an eligible institution, leads to a certificate, and is designated by the board in accordance with section 9.1. of this rule.

 

R765-622-4. General Award Administration.

4.1. Scholarship Award: an eligible institution may award a scholarship to an individual who is enrolled in, or intends to enroll in, a high demand program.

4.1.1. An eligible institution may award a scholarship for an amount of money up to the total cost of tuition, fees, and required textbooks for the high demand program in which the scholarship recipient is enrolled or intends to enroll.

4.1.2. An eligible institution may award a scholarship to a scholarship recipient for up to two academic years.

4.1.3. An eligible institution may cancel a scholarship if the scholarship recipient does not:

4.1.3.1. maintain enrollment in the eligible institution on at least a half time basis, as determined by the eligible institution; or

4.1.3.2. make satisfactory progress toward the completion of a certificate.

4.2. Application Procedures. An eligible institution shall develop a simple, accessible application process, and will set application deadlines that accommodate both full-time and part-time students.

4.3. Prioritization for Underserved Populations. An eligible institution shall establish criteria to identify underserved populations and to assess if an applicant is a member of an underserved population. Institutions shall prioritize scholarship awards for applicants who are members of an underserved population in accordance with their criteria. Institutions shall provide the criteria and prioritization methodology to the Board.

 

R765-622-5. Continuing Eligibility.

5.1. After providing a recipient notice and an opportunity to respond, an institution may rescind a recipient's scholarship if it determines the recipient has not met the following requirements:

5.1.1. Award recipients must maintain satisfactory academic progress in accordance with their institutions' policies.

5.1.2. Recipients must be enrolled at least half-time as determined by the institution.

5.2. Deferment. A recipient may seek deferment of an award in accordance with applicable deferral policies at the eligible institution.

 

R765-622-6. Transfer of Award Funds.

6.1. Recipients who are transferring to another eligible institution are responsible to inform the financial aid office at the institution to which they are transferring that they are an award recipient. The financial aid offices at the respective institutions shall coordinate the transfer of any scholarship funds and information. The receiving institution will verify the transferring student's ongoing eligibility in accordance with this policy and make any adjustments in a recipient's award.

 

R765-622-7. Distribution of Award Funds to Institutions.

7.1. The Board will annually distribute available funds to eligible institutions in accordance with the following formula:

7.1.1. Fifty percent of each year's appropriation will be divided and evenly distributed to Utah State University, Snow College, and the Salt Lake Community College's School of Applied Technology. Remaining funds will be distributed proportionally to the total rolling three-year average of students enrolled in non-credit CTE courses at each eligible institution.

 

R765-622-8. Reporting.

8.1. On or before September 30 each year, eligible institutions shall report to the Board of Regents the following:

8.1.1. The name and student identification of all recipients to whom the institution awarded scholarship funds the prior academic year.

8.1.2. The scholarship amount each recipient received, including additional amounts from other sources.

8.1.3. The programs in which scholarship recipients enrolled.

8.1.4. Evidence that award recipients are eligible to receive scholarship awards.

8.2. The Board of Regents may, at any time, request additional documentation or data related to the Career and Technical Education Scholarship Program and may review or formally audit an institution's compliance with this policy.

 

R765-622-9. Determination of High Demand Programs

9.1. Every other year, after consulting with their regional Department of Workforce Services representatives, the eligible institutions will identify non-credit career and technical education programs that prepare individuals to work in jobs that in Utah have high employer demand and high median hourly wages, or significant industry importance. The institutions shall submit the selected programs to the Board for consideration and final approval.

 

KEY: education, technical, career, scholarship

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53B-8-115