11 KAR 13:010. National Guard Tuition

Award Program.

 

      RELATES TO: KRS 164.516-164.5169

      STATUTORY AUTHORITY: KRS 164.746(6),

164.748(4), 164.5161(2)

      NECESSITY, FUNCTION, AND CONFORMITY: The

1996 regular session of the General Assembly enacted the Kentucky National

Guard Tuition Award Program, and directed that the Kentucky Higher Educational

Assistance Authority adopt administrative regulations pertaining to the

financial management of the program, including the disbursement of funds. This

administrative regulation is necessary to prescribe procedures for the

disbursement of funds. The administrative regulation provides that the

authority shall transfer funds to educational institutions upon receipt of an

enrollment verification roster provided by the Department of Military Affairs

identifying eligible participants and the amounts to be awarded.

 

      Section 1. Definitions. The terms listed

below shall have the following meanings:

      (1) The definition of

"authority" is governed by KRS 164.740(1).

      (2) The definition of "educational

institution" is governed by KRS 164.516(1).

      (3) "Participating educational

institution" means an educational institution that has a contract in force

with the authority on such terms as the authority may deem necessary or

appropriate to the administration of the Kentucky National Guard Tuition Award

Program and other programs administered by the authority.

 

      Section 2. Prior to the beginning of each

award period, defined in 106 KAR 3:010, Section 1(1), for which funds are to be

disbursed, the Department of Military Affairs shall prepare enrollment

verification rosters which identify the participating educational institution,

the names and Social Security numbers of eligible students planning to attend

each participating educational institution, the award amount for each eligible

student to be disbursed by the authority, the award period for each eligible

student, the academic year, and the total number of eligible students and total

amount of awards. The enrollment verification rosters shall be transmitted by

the Department of Military Affairs to the financial aid director at each

participating educational institution.

 

      Section 3. Following enrollment of

students listed on the enrollment verification roster, the financial aid

director or his designee at each participating educational institution that

receives an enrollment verification roster shall verify each student's

enrollment status and return the properly certified enrollment verification

roster to the Department of Military Affairs.

 

      Section 4. The Department of Military

Affairs shall transmit the certified enrollment verification rosters to the

authority with a request to transfer funds to the participating educational

institutions. Upon receipt, the authority shall begin the necessary procedures

to disburse funds to the appropriate educational institution.

 

      Section 5. (1) A student who withdraws,

changes enrollment status, or for any other reason is charged less than the

amount certified on the enrollment verification roster may be due a refund of

monies paid to the institution or owe a repayment to one (1) or more student

financial assistance programs. If the student received student financial

assistance, a portion of any refund shall be due to the student financial

assistance programs. The amount of any refund or repayment shall be determined

in accordance with the participating educational institution's refund and

repayment policies relative to student financial assistance funds, except that

if a Kentucky National Guard Tuition Award Program recipient officially or

unofficially withdraws from or is expelled by an institution before the first

day of classes of the award period, the award shall be cancelled and a full

refund or repayment of the Kentucky National Guard Tuition Award shall be

required, notwithstanding any institutional policy to the contrary. These

policies shall be consistently administered and published or otherwise made

publicly available by the participating educational institution. The authority

shall be notified in writing of any changes in such policies.

      (2) In cases of unofficial withdrawal,

the institution shall use the last recorded date of class attendance by the

student as the end of the student's enrollment. If the institution is unable to

document the student's last date of attendance, any Kentucky National Guard

Tuition Award Program disbursement for that award period shall be subject to

full refund and repayment. If, at any time, a Kentucky National Guard Tuition

Award Program recipient's enrollment is terminated with no assessment of

tuition and fees by the institution, then the full Kentucky National Guard

Tuition Award shall be subject to cancellation, if not yet disbursed, or refund

and repayment if the award has already been disbursed.

      (3) Any refunds or repayments due on

funds disbursed as Kentucky National Guard Tuition Award Program funds shall be

paid to the authority. The authority shall deposit the refunds and repayments

to an account to be used for other awards made pursuant to the program.

      (4) Refunds by institutions and

notifications of student repayments due transmitted to the authority shall be

accompanied by the student's name and Social Security number, the reason for

the refund or repayment, date of enrollment status change, the semester and

year, and the calculation used for determining each refund or repayment.

 

      Section 6. All documentation and

correspondence relating to the cancellation, disbursement, and refund of awards

shall be retained by the authority for audit purposes for a period of five (5)

years from the date that the award was certified. Documentation may be retained

in any format used by the authority for storage of its records in the normal

course of business. (23 Ky.R. 2636; Am. 3310; eff. 3-6-97.)