Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:001 - Definitions pertaining to 11 KAR Chapter 5

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.740-164.785
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.748(4) requires
				the authority to promulgate administrative regulations pertaining to the
				awarding of grants, scholarships, and honorary scholarships as provided in KRS 164.740 to 164.7891. KRS 164.753(4) requires the authority to promulgate
				administrative regulations pertaining to grants. This administrative regulation
				defines terms used in 11 KAR Chapter 5 pertaining to the Kentucky Tuition Grant
				Program and the College Access Program.
Section
			 1. Definitions.
(1) "Academic
			 term" means the fall or spring semester or their equivalence under a trimester
			 or quarter system at a postsecondary education institution.
(2) "Academic year" means a period of time,
			 usually eight (8) or nine (9) months, during which a full-time student would
			 normally be expected to complete the equivalent of two (2) semesters, two (2)
			 trimesters, three (3) quarters, 900 clock hours, twenty-four (24) semester
			 hours, or thirty-six (36) quarter hours of instruction.
(3) "Authority" is defined by KRS 164.740(1).
(4) "College Access
			 Program" or "CAP" means the program of student financial assistance grants
			 authorized under KRS 164.7535 to assist financially needy part-time and
			 full-time undergraduate students attending an educational
			 institution.
(5) "Correspondence
			 course" means a home study course that:
(a) Is
			 provided by an educational institution under which the institution provides
			 instructional materials, including examinations on the materials, to students
			 who are not physically attending classes at the institution; and
(b) Meets the following requirements:
1. When a student completes a portion of the
			 instructional materials, the student takes the examinations that relate to that
			 portion of the materials, and returns the examinations to the institution for
			 grading;
2. The institution
			 provides instruction through the use of video cassettes or video discs in an
			 academic year, unless the institution also delivers the instruction on the
			 cassette or disc to students physically attending classes at an institution
			 during the same academic year; and
3. If a course is part correspondence and
			 part residential training, the course shall be considered to be a
			 correspondence course.
(6) "Educational expenses" means tuition and
			 fees, books and supplies, room and board or reasonable living expenses,
			 reasonable miscellaneous personal expenses, and reasonable transportation costs
			 for the academic period of the grant application.
(7) "Educational institution" means a
			 participating institution located in Kentucky which:
(a) Offers an eligible program of
			 study;
(b) As a condition of
			 enrollment as a regular student, requires that the person:
1. Have a certificate of graduation from a
			 school providing secondary education, or the equivalent of a certificate;
			 or
2.
a. Be beyond the age of compulsory attendance
			 in Kentucky; and
b. Have the
			 ability to benefit from the training offered by the institution;
(c) Either:
1. Has its headquarters or main campus in
			 Kentucky; or
2. If based outside of
			 Kentucky, offers no more than forty-nine (49) percent of the courses offered in
			 Kentucky as online courses; and
(d)
1. For
			 purposes of the College Access Program, is a public or private participating
			 institution; or
2. For purposes of
			 the Kentucky Tuition Grant Program, is a private independent college or
			 university, accredited by a regional accrediting association recognized by the
			 United States Department of Education, that is a participating institution
			 whose institutional programs are not comprised solely of sectarian
			 instruction.
(8) "Eligible institution" is defined by KRS 164.740(4).
(9) "Eligible
			 noncitizen" means an individual who is:
(a)
			 Either:
1. A U.S. national;
2. A U.S. permanent resident with an Alien
			 Registration Receipt Card (1-151 or 1-551); or
3. A person with a Departure Record (I-94)
			 from the U.S. Immigration and Naturalization Service showing any one (1) of the
			 following designations:
a.
			 "Refugee";
b. "Asylum
			 granted";
c. "Indefinite parole" or
			 "humanitarian parole"; or
d.
			 "Cuban-Haitian entrant"; or
4. A citizen of:
a. The Freely Associated States;
b. The Federated States of
			 Micronesia;
c. The Republic of
			 Palau; or
d. The Republic of the
			 Marshall Islands; and
(b) Not in the United States on a:
1. F1 or F2 student visa;
2. J1 or J2 exchange visa;
3. L2 series labels; or
4. Deferred Action for Childhood Arrivals
			 (DACA) status.
(10) "Eligible program of study" means an
			 undergraduate program, of a least two (2) academic years' duration, offered by
			 an educational institution which:
(a) For
			 purposes of the KTG or CAP Grant Programs, leads to a degree; or
(b) For purposes of only the CAP Grant
			 Program:
1. Leads to a certificate or diploma
			 while attending a publicly operated vocational-technical institution;
2. Is designated as an equivalent
			 undergraduate program of study by the Council on Postsecondary Education;
			 or
3. Is a comprehensive transition
			 and postsecondary program as defined in KRS 164.740(3).
(11) "Expected family
			 contribution" means the amount that a student and his family are expected to
			 contribute toward the cost of the student's education determined by applying
			 the federal methodology established in  20 U.S.C. 1087kk through  1087vv  to the
			 information that the student and his family provided on the
			 application.
(12) "Federal act" is
			 defined by KRS 164.740(8) and means  20 U.S.C. 1001 through  1146a.
(13) "Full-time student" means an enrolled
			 student who is carrying a full-time academic workload:
(a) That may include any combination of
			 courses, work, research, or special studies that the institution considers
			 sufficient to classify the student as a full-time student, except that
			 correspondence courses shall not be counted in determining the student's
			 full-time status; and
(b) As
			 determined by the institution under a standard applicable to all students
			 enrolled in a particular educational program, except that for an undergraduate
			 student, an institution's minimum standard shall equal or exceed one (1) of the
			 following minimum requirements:
1. Twelve (12)
			 semester hours or eighteen (18) quarter hours per academic term in an
			 educational program using a semester, trimester, or quarter system;
2. Twenty-four (24) semester hours or
			 thirty-six (36) quarter hours per academic year for an educational program
			 using credit hours, but not using a semester, trimester, or quarter system, or
			 the prorated equivalent for a program of less than one (1) academic
			 year;
3. Twenty-four (24) clock
			 hours per week for an educational program using clock hours;
4. In an educational program using both
			 credit and clock hours, any combination of credit and clock hours if the sum of
			 the following fractions is equal to or greater than one (1):
a. For a program using a semester, trimester,
			 or quarter system, the number of credit hours per term divided by twelve (12)
			 and the number of clock hours per week divided by twenty-four (24);
			 or
b. For a program not using a
			 semester, trimester, or quarter system, the number of semester or trimester
			 hours per academic year divided by twenty-four (24), the number of quarter
			 hours per academic year divided by thirty-six (36), and the number of clock
			 hours per week divided by twenty-four (24);
5. A series of courses or seminars that
			 equals twelve (12) semester hours or twenty-four (24) quarter hours in a
			 maximum of eighteen (18) weeks; or
6. The work portion of a cooperative
			 education program in which the amount of work performed is equivalent to the
			 academic workload of a full-time student.
(14) "Grant" is defined by KRS 164.740(9).
(15) "Kentucky Tuition
			 Grant" or "KTG" means the program of student financial assistance grants
			 authorized by KRS 164.780 and 164.785 for residents of Kentucky who bear the
			 major costs of attending an educational institution and who demonstrate
			 financial need.
(16) "KHEAA grant"
			 means an award of a student financial assistance grant under the College Access
			 Program or the Kentucky Tuition Grant Program or a combination of the two
			 (2).
(17) "KHEAA grant limit" means
			 an aggregate limitation on KHEAA grant awards:
(a) That are made to an individual for all
			 academic years of the eligible program of study in which the student receives a
			 KHEAA grant (including any KHEAA grant limit previously used in a different
			 eligible program of study or at a different educational institution);
			 and
(b) That shall be:
1. Measured in terms of the applicable
			 percentage of the maximum KHEAA grant that would have been disbursed for the
			 academic year to a full-time student and not fully refunded;
2. Depleted each academic term by
			 subtracting, from the applicable percentage, the percentage used for the
			 academic term, derived by dividing the net amount of KHEAA grant disbursed for
			 the academic term by the maximum KHEAA grant award for the academic year that
			 would have been disbursed to a full-time student, using the then current
			 maximum KHEAA grant; and
3. Based
			 upon the following applicable percentages representing the aggregate limitation
			 of KHEAA grant awards:
a. 200 percent for a
			 student enrolled in a two (2) year eligible program of study; or
b. 400 percent for a student enrolled in a
			 four (4) year eligible program of study.
(18) "KHEAA grant program officer"
			 or "KGPO" means the official designated on the administrative agreement,
			 pursuant to KRS 164.748(6), to serve as the educational institution's on-campus
			 agent to certify all institutional transactions and activities with respect to
			 the authority's grant programs.
(19) "On-ground course" means a course that
			 meets the following criteria:
(a) Instruction
			 is delivered face-to-face, typically in a lecture-style format, in a setting in
			 which the student and the instructor are in the same physical location on the
			 educational institution's campus; and
(b) Is not an online course.
(20) "Online course" means a
			 course for which any portion of the instruction is transmitted electronically
			 over telecommunication lines or the Internet.
(21) "Overaward" means receipt of financial
			 assistance from all sources in excess of a student's need determined in
			 accordance with  11 KAR 5:130 through  11 KAR 5:145.
(22) "Participating institution" is defined
			 in KRS 164.740(14).
(23) "Part-time
			 student" means an enrolled student who is carrying an academic workload:
(a) That may include any combination of
			 courses, work, research, or special studies that the institution considers
			 sufficient to classify the student as at least a half-time student, except that
			 correspondence courses shall not be counted in determining the student's
			 part-time status; and
(b) As
			 determined by the institution under a standard applicable to all students
			 enrolled in a particular educational program, except that for an undergraduate
			 student, an institution's minimum standard shall equal or exceed one (1) of the
			 following minimum requirements:
1. At least
			 six (6) semester hours per semester;
2. Six (6) quarter hours per quarter;
			 or
3. Half of the academic workload
			 of a full-time student as determined by the educational institution.
(24) "Pell Grant" means
			 an award under the federal Pell Grant Program operated by the secretary under
			 the provisions of  20 U.S.C. 1070a.
(25) "Resident of Kentucky" or "resident"
			 means a person who is determined by the participating institution to be a
			 resident of Kentucky in accordance with the criteria established in  13 KAR 2:045.
(26) "Total cost of
			 education" means an amount determined for an academic year for each applicant
			 by the following formula: normal tuition and fees charged by the institution
			 chosen by the applicant, plus maximum board contract amount, plus minimum room
			 contract amount.