11
KAR 8:030. Teacher scholarships.
RELATES
TO: KRS 164.740, 164.744(2), 164.753(3), 164.769
STATUTORY
AUTHORITY: KRS 164.748(4), 164.753(3), 164.769(5), (6)(f)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 164.744(2) authorizes the authority to provide scholarships
and KRS 164.753(3) requires the Kentucky Higher Education Assistance Authority
to promulgate administrative regulations pertaining to standards for
scholarship programs. KRS 164.769 establishes a teacher scholarship program and
requires the Kentucky Higher Education Assistance Authority to establish the
terms and conditions for the award, cancellation, and repayment of teacher
scholarships, awarded under KRS 164.769 and under prior teacher scholarship programs
administered by the Kentucky Higher Education Assistance Authority. This
administrative regulation establishes selection criteria, disbursement
procedures, cancellation of repayment procedures and repayment obligations
related to scholarships provided under the program.
Section
1. Definitions. (1) "Authority" is defined in KRS 164.740(1).
(2)
"Critical shortage area" is defined in KRS 164.769(2)(a).
(3)
"Default" means the status of an obligation under this program that
has entered repayment and upon which no payment has been made for a cumulative
period of 180 days following the repayment begin date for the obligation.
(4)
"Eligible program of study" is defined in KRS 164.769(2)(b).
(5)
"Expected family contribution" is defined in KRS 164.769(2)(c).
(6)
"Kentucky Teacher Internship Program" or "KTIP" means the
one (1) year of supervision, assistance, and assessment that is:
(a)
Required by KRS 161.030 and established in 16 KAR 7:010; and
(b)
Also referenced as the beginning teacher internship.
(7)
"Participating institution" is defined in KRS 164.769(2)(d).
(8)
"Professional Teaching Certificate" means the document issued to:
(a)
An individual upon successful completion of the beginning teacher internship;
or
(b)
An applicant for whom the testing and internship requirement is waived under
KRS 161.030 based on preparation and successful completion of the assessments.
(9)
"Public school" means the common schools of the Commonwealth
providing preschool, elementary, middle school, or secondary instruction.
(10)
"Qualified teaching service" is defined in KRS 164.769(2)(e).
(11)
"Semester" is defined in KRS 164.769(2)(f).
(12)
"Summer term" is defined in KRS 164.769(2)(g).
(13)
"Teaching" means performing continuous classroom instruction that:
(a)
Is:
1.
Pursuant to a professional teaching certificate in a position for which regular
teacher certification is a prerequisite; or
2.
During participation in the Kentucky Teacher Internship Program (KTIP); and
(b)
Shall not include substitute teaching.
Section
2. Eligibility of Renewal Applicants and Selection Process. (1) Applicants
shall complete the Teacher Scholarship Application set forth in 11 KAR 4:080,
Section 1(3), according to its instructions. The applicant shall ensure that
the completed application and supporting data indicating the applicant’s
financial need are received by the authority on or before May 1, or the next
regular business day if May 1 falls on a weekend or holiday preceding the academic
year for which the award is requested.
(2)
Eligibility of renewal applicants. A person who previously received a loan or
scholarship pursuant to KRS 164.769 shall be eligible to apply for and be
considered for a renewal teacher scholarship if, at the time of application and
disbursement, the renewal applicant has made satisfactory progress toward
completion of the eligible program of study in accordance with standards
prescribed by the participating institution.
(3)
After awards are made to all qualified renewal applicants, applicants shall be
considered and teacher scholarships shall be awarded to recipients in the
following order until funds are depleted:
(a)
Initial applicants who meet the standards and requirements established by the
Education Professional Standards Board pursuant to KRS 161.028 and have been
unconditionally admitted to a teacher education program shall be ranked in
ascending order by expected family contribution.
(b)
Initial applicants who have not yet been admitted to a teacher education
program but who meet the standards and requirements established by the
Education Professional Standards Board pursuant to KRS 161.028 for admission to
a teacher education program shall be ranked in ascending order by expected
family contribution.
(c)
Otherwise eligible initial applicants seeking admission to a teacher education
program shall be ranked in ascending order by expected family contribution.
Section
3. Award Maximums. (1) The amount of a teacher scholarship award shall be
calculated by determining the student’s total cost of education minus expected
family contribution and the amount of financial aid received or expected to be
received during the academic period. The amount of financial aid received or expected
to be received during the academic period shall not include any amounts
available from any student loan or work-study programs.
(2)
The maximum teacher scholarship award for a student classified as a junior,
senior, post baccalaureate, or graduate shall be $1,250 for a summer session,
$2,500 for a semester, and $5,000 for an academic year (exclusive of a summer
session).
(3)
The maximum teacher scholarship award for a student classified as a freshman or
sophomore shall be $325 for a summer session, $625 for a semester, and $1,250
for an academic year (exclusive of a summer session).
(4)
The maximum award to an eligible student enrolled less than full time in the
last semester or summer term during which a baccalaureate, post baccalaureate,
or master’s degree will be completed shall be:
(a)
$210 per credit hour if the student is enrolled during a regular semester; or
(b)
$105 per credit hour if the student is enrolled in a summer term.
Section
4. Disbursements. (1) Disbursement of a teacher scholarship shall be made at
the beginning of each semester or summer session and each disbursement shall be
evidenced by a promissory note, prescribed by the authority, in which the
scholarship recipient shall agree to repay the scholarship funds or render
qualified teaching service in lieu thereof.
(2)
The monies awarded under the Teacher Scholarship Program shall be transmitted
directly to the participating institution on behalf of all students eligible to
receive the scholarship by electronic funds transfer.
(3)
The authority shall send to the participating institution a disbursement roster
containing each recipient’s name and Social Security number.
(4)
The participating institution shall hold the funds solely for the benefit of
the student eligible to receive the scholarship and the authority until the
recipient has registered for classes for the period of enrollment for which the
scholarship is intended.
(5)
Upon the recipient’s registration, the participating institution shall
immediately credit the recipient’s account and notify the recipient in writing
that it has so credited that account, and deliver to the recipient any
remaining scholarship proceeds.
(6)
The participating institution shall indicate on the disbursement roster the
date funds were either credited to the student’s account or disbursed to the
student, the name of a recipient for whom funds are being returned, the amount
being returned, and the reason funds are being returned.
(7)
If a recipient does not register for the period of enrollment for which the
scholarship was awarded, or a registered student withdraws or is expelled prior
to the first day of classes of the period of enrollment for which the
scholarship is awarded, the school shall return the proceeds to the authority
pursuant to Section 12 of this administrative regulation.
(8)
The school shall retain a copy of the disbursement roster for its records and
forward the original roster and any undisbursed scholarship funds to the
authority not later than thirty (30) days following receipt of the roster and
the funds.
(9)(a)
If a recipient subsequently refuses to repay the scholarship on grounds that he
was unaware of or did not receive delivery of the scholarship proceeds from the
school, upon written request from the authority, the school shall promptly
provide documentary evidence to the authority that the recipient received or
had funds credited to his student account and was notified of this transaction.
(b)
The school shall otherwise reimburse the authority for any amount of the
scholarship that is unenforceable absent that documentary evidence.
(c)
The obligation of the school to provide the documentary evidence specified in
paragraph (a) of this subsection shall continue until the recipient’s
obligations for repayment of the scholarship is paid in full or otherwise
discharged.
Section
5. Cancellation. (1) A recipient rendering qualified teaching service in a
designated critical shortage area shall remain eligible for the critical
shortage credit provided by KRS 164.769(6)(c) if:
(a)
The authority determines that an area is no longer a critical shortage area;
and
(b)
The recipient continues to render qualified teaching service in the area.
(2)(a)
If a recipient has received loans or scholarships from more than one (1)
program that is administered by the authority, and requires a period of
qualified teaching service for repayment or cancellation, the teaching
requirements shall not be fulfilled concurrently.
(b)
Unless the authority determines otherwise for cause, loans or scholarships from
more than one (1) program shall be repaid or cancelled by qualified teaching
service in the same order in which they were received.
(c)
If a recipient has received a loan or scholarship pursuant to KRS 164.768,
164.769 or 164.770 during the same semester as receiving a scholarship pursuant
to KRS 161.165, the loan or scholarship received pursuant to KRS 164.768,
164.769 or 164.770 shall be repaid or cancelled by qualified teaching service
prior to the scholarship received pursuant to KRS 161.165.
(3)
A recipient shall receive cancellation under this program for each semester
during which service is provided as specified in KRS 164.769(6)(c) if the
recipient:
(a)
Has completed the program of study;
(b)
Is providing qualified teaching service; and
(c)
Is prohibited from participating in KTIP solely as a result of state budget
limitations.
(4)
Verification of qualified teaching service shall be submitted to the authority
in writing, signed by the local school district superintendent or building
principal.
Section
6. Repayment. (1) A recipient failing to complete the eligible program of study,
attain certification after completion of the eligible program of study, or
commence rendering qualified teaching service within the six (6) month period
following completion of the eligible program of study shall immediately become
liable to the authority to pay the sum of all promissory notes and accrued
interest thereon, unless the authority grants a deferment for cause.
(2)
The interest rate applicable to repayment of a teacher scholarship under this
section shall be six (6) percent per annum beginning April 1, 2005. Prior to
April 1, 2005, the interest rate shall be twelve (12) percent per annum.
(3)
If a repayment obligation subsequently becomes eligible for service credit
cancellation as a result of the recipient’s provision of teaching service, refund
of payments previously made shall not be given to the recipient.
Section
7. Default. (1) Upon default on a repayment obligation under this program, the
recipient’s account shall be transferred to the appropriate agency of the
Commonwealth of Kentucky for collections and shall be subject to the collection
charges and fees assessed by that agency.
(2)
A recipient whose repayment obligation has defaulted and who subsequently
begins either providing qualified teaching service in the Commonwealth of Kentucky
or participating in KTIP shall be removed from default status.
Section
8. Disability Discharge. A conditional or permanent discharge of the repayment
obligation required by this program shall be granted by the Authority upon
submission by the recipient of the documentation required by this section. (1)
Conditional discharge. A conditional discharge shall be granted for a maximum
two (2) year period, subject to annual review by the Authority, upon the submission
of one (1) of the following as proof of the recipient’s qualifying disability:
(a)
A finding of permanent disability by the Social Security Administration; or
(b)
A completed Teacher Scholarship Program Application for Discharge, which shall
include a certification by the recipient’s treating physician that the
recipient is unable to work or earn money and that the condition is expected to
persist indefinitely.
(2)
Permanent discharge. At the expiration of the two (2) year Conditional
Discharge period specified in subsection (1) of this section, the Authority
shall grant a permanent discharge to a recipient under this program upon the
submission by the recipient of current documentation verifying that the
qualifying disability exists at the time the permanent discharge is granted.
Section
9. Notifications. A recipient shall notify the authority within thirty (30)
days of:
(1)
Change in enrollment status;
(2)
Cessation of full-time enrollment in an eligible program of study;
(3)
Employment in a qualified teaching service position; or
(4)
Change of name or address.
Section
10. Repayment Schedule. Written notification of demand for repayment shall be
sent by the authority to the scholarship recipient’s last known address and
shall be effective upon mailing. The authority may agree to accept repayment in
installments in accordance with a schedule established by the authority.
Payments shall first be applied to interest and then to principal on the
earliest unpaid promissory note.
Section
11. Records. A participating institution shall maintain complete and accurate
records pertaining to the eligibility, enrollment, and progress of each student
receiving aid under this program and the disbursement of funds and
institutional charges as may be necessary to audit the disposition of these
funds. The institution’s records shall be maintained for at least three (3)
years after the student ceases to be enrolled at the institution.
Section
12. Refunds. (1) If a student fails to enroll, withdraws, is expelled from the
institution, or otherwise fails to complete the program on or after the
student’s first day of class of the period of enrollment or changes enrollment
status, the Authority may be due a refund of monies paid to the institution on
behalf of that student or a repayment of cash disbursements made to the student
for educational expenses.
(2)
If the student received financial assistance administered by the authority, the
refund and repayment shall be due to the authority for its financial assistance
programs in accordance with this section.
(3)
The institution shall adopt and implement a fair and equitable refund policy
for financial assistance administered by the authority which shall be:
(a)
A clear and conspicuous written statement;
(b)
Made available to a prospective student, prior to the earlier of the student’s
enrollment or the execution of the student’s enrollment agreement, and to
currently enrolled students;
(c)
Consistently administered by the institution; and
(d)
Made available to the authority upon request.
(4)
The institution’s refund policy for financial assistance administered by the
authority shall either:
(a)
Use the same methods and formulas for determining the amount of a refund as the
institution uses for determining the return of federal financial assistance
funds; or
(b)
Be a separate and distinct policy adopted by the institution that is based
upon:
1.
The requirements of applicable state law; or
2.
The specific refund standards established by the institution’s nationally-recognized
accrediting agency.
(5)
The amount of the refund shall be determined in accordance with the educational
institution’s refund policy relative to financial assistance funds, except as
provided in subsection (7) of this section.
(6)
If the institution determines that a refund of financial assistance is due in
accordance with its policy, the institution shall allocate to the financial
assistance programs administered by the authority the refund and repayment in
the following descending order of priority prior to allocating the refund to institutional
or private sources of financial assistance:
(a)
CAP grant;
(b)
KTG;
(c)
Go Higher Grant;
(d)
Teacher Scholarship;
(e)
Kentucky Educational Excellence Scholarship;
(f)
Kentucky Coal County College Completion Scholarship;
(g)
National Guard tuition assistance; and
(h)
Early Childhood Development Scholarship.
(7)(a)
If a teacher scholarship 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 deemed an overaward and a full refund and repayment
of the teacher scholarship shall be required, notwithstanding any institutional
policy to the contrary.
(b)
If the institution is unable to document the student’s last date of attendance,
any teacher scholarship disbursement for that award period shall be subject to
full refund.
(c)
If a teacher scholarship recipient’s enrollment is terminated with no
assessment of tuition and fees by the institution, the full teacher scholarship
shall be subject to:
1.
Cancellation, if not yet disbursed; or
2.
Refund if the teacher scholarship has already been disbursed.
(8)(a)
The institution shall remit to the authority the amount of funds allocated from
the refund amount to the financial assistance programs administered by the
authority as soon as possible but no later than thirty (30) days after the end
of the term in which the student ceased to be enrolled.
(b)
Refunds by the institution transmitted to the authority shall be accompanied
by:
1.
The student’s name and Social Security number;
2.
The reason for the refund;
3.
The date of enrollment status change;
4.
The semester and year; and
5.
The calculation used for determining the refund.
Section
13. Information Dissemination and Recruitment. The authority shall disseminate
information through high school principals, counselors, and school
superintendents about this program to potential recipients. The participating
institution shall provide assurances that program information will be
disseminated to students enrolled at the institution. The participating
institution shall actively recruit students from minority population groups for
participation in this program.
Section
14. Incorporation by Reference. (1) "Teacher Scholarship Program
Application for Discharge", November 2007, is incorporated by reference.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Kentucky Higher Education Assistance Authority, 100
Airport Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30
p.m. (16 Ky.R. 2794; eff. 8-9-1990; Am. 17 Ky.R. 3483; 18 Ky.R. 274; eff. 7-8-1991;
1152; eff. 11-14-1991; 19 Ky.R. 2480; eff. 7-1-1993; 21 Ky.R. 59; 909; eff.
9-12-1994; 23 Ky.R. 159; 1387; eff. 9-5-1996; 25 Ky.R. 890; 1398; eff. 1-19-1999;
26 Ky.R. 1440; 1676; eff. 3-10-2000; 2281; 27 Ky.R. 555; 736; eff. 9-11-2000;
3310; eff. 8-15-2001; 30 Ky.R. 361; 837; eff. 10-31-2003; 30 Ky.R. 1575; eff.
3-18-2004; 31 Ky.R. 1320; 1505; eff. 3-11-2005; 33 Ky.R. 182; 713; eff. 10-6-2006;
34 Ky.R. 1762; 2074; eff. 4-4-2008; 35 Ky.R. 950; 1424; eff. 1-5-2009; 36 Ky.R.
1510, 2031-M, eff. 4-2-2010; 40 Ky.R. 78; 528; eff. 9-9-2013; 41 Ky.R. 835;
1497; eff. 2-6-2015.)
