reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 4 - Kentucky Higher Education Assistance Authority › Section 11 KAR 4:060 - Distribution of publications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45.253(5),
				164.748(11)
NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Higher
				Education Assistance Authority develops, publishes, and distributes certain
				publications containing financial aid and postsecondary education information.
				This administrative regulation sets forth the conditions and procedures under
				which the authority will distribute, determine costs and charge fees for, and
				limit reproduction of these publications.
Section
			 1. Definitions. The definition of "authority" is governed by
			 KRS
			 164.740(1).
Section 2. Free Distribution.
(1) The authority may distribute to the
			 following Kentucky organizations multiple copies of its publications, free of
			 charge, allotted among the organizations, at the authority's sole discretion,
			 on the basis of funds budgeted for printing the publications:
(a) High schools;
(b) Public and private nonprofit
			 libraries;
(c) Kentucky
			 postsecondary educational institutions participating in authority administered
			 student financial assistance programs;
(d) Public and private nonprofit
			 organizations involved in assisting individuals with postsecondary educational
			 planning.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:033 - KTG student eligibility requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.753(4),
				164.780,
				164.785
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.785 establishes the Kentucky Tuition
				Grant Program.
				KRS
				164.748(4) and
				164.753(4)
				require the Kentucky Higher Education Assistance Authority to promulgate an
				administrative regulation to administer grant programs to provide financial
				assistance to students to attend Kentucky educational institutions. This
				administrative regulation establishes student eligibility requirements for the
				Kentucky tuition grant program.
Section
			 1. Eligibility of Students. In order to qualify for disbursement
			 of a Kentucky tuition grant, a student shall:
(1) Be a resident of the Commonwealth of
			 Kentucky;
(2) Be enrolled as a
			 full-time student in an eligible program of study;
(3) Be enrolled at an educational institution
			 and not have previously earned a first baccalaureate or professional
			 degree;
(4) Be determined by the
			 authority, in accordance with
			 11 KAR
			 5:130 and
			 11 KAR
			 5:140, to have established financial need for the
			 KTG;
(5) Have remaining KHEAA grant
			 limit;
(6) Not receive financial
			 assistance in excess of need to meet educational expenses;
(7) Maintain satisfactory progress in an
			 eligible program of study according to the published standards and practices of
			 the educational institution at which the student is enrolled;
(8) Satisfy all financial obligations to the
			 authority and to any educational institution. Ineligi-bility under this
			 subsection may be waived for cause by the executive director of the authority,
			 at the recommendation of a designated staff review committee, for
			 cause;
(9) Be a citizen of the
			 United States or an eligible noncitizen;
(10) Be receiving full-time credit at an
			 educational institution in an eligible program of study and paying full-time
			 tuition and fees to that institution, if the student is studying abroad or
			 off-campus;
(11) Be:
(a) Attending an eligible institution with
			 the main campus or headquarters located in Kentucky; or
(b) Attending at least fifty (50) percent of
			 courses on-ground in Kentucky if enrolled at an eligible institution with the
			 main campus or headquarters not located in Kentucky; and
(12) Not be:
(a) In default on any loan under Title IV of
			 the federal act, codified as
			 20 U.S.C.
			 1070 to
			 1099, unless
			 eligibility has been reinstated;
(b) Liable for any amounts that exceed annual
			 or aggregate limits on any loan under Title IV of the federal act, codified as
			 20 U.S.C.
			 1070 to
			 1099; and
(c) Liable for overpayment of any grant or
			 loan under Title IV of the federal act, codified as
			 20 U.S.C.
			 1070 to
			 1099.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:110 - Dual enrollment under consortium agreement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(2),
				164.753(4),
				164.7535
NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Higher
				Education Assistance Authority administers the CAP grant program pursuant to
				KRS
				164.740 to
				164.766.
				This administrative regulation sets the conditions for CAP grant eligibility of
				a student simultaneously enrolled in two (2) or more participating educational
				institutions. This amendment replaces references to the state student incentive
				grant program with references to the college access program.
Section 1. For purposes of the CAP grant
			 program, a student who is otherwise eligible pursuant to
			 11 KAR
			 5:034, except that the student is enrolled
			 simultaneously in two (2) or more educational institutions pursuing an eligible
			 program of study jointly offered by those institutions, is eligible under this
			 section if the program of study is covered by a consortium agreement between
			 the educational institutions and if the student is carrying a combined academic
			 workload at all educational institutions in the consortium equal to full-time
			 enrollment at the primary institution.
Section
			 2. Consortium Agreement. Two (2) or more educational institutions
			 participating in the CAP grant program may, for purposes of Section 1 of this
			 administrative regulation, execute a consortium agreement which meets the
			 following terms and conditions:
(1) The
			 agreement shall be written and signed by authorized representatives of each
			 participating educational institution;
(2) The agreement shall designate which
			 educational institution will serve as the "primary" institution; and
(3) The agreement shall specify:
(a) The tuition, fees, room and board cost,
			 and all other costs assessed to the student by each institution; and
(b) That the primary institution will perform
			 the duties set forth in Section 3 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:130 - Student application

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(2),
				164.753(4),
				164.7535,
				164.780,
				164.785
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.748(4) requires KHEAA to
				promulgate administrative regulations pertaining to the awarding of grants,
				scholarships, and honorary scholarships as provided in
				KRS
				164.740 to
				164.7891.
				This administrative regulation establishes the application procedures for a
				student to follow to apply for and establish financial need for KHEAA grant
				programs.
Section 1.
(1) In order to receive a KHEAA grant, the
			 Free Application for Federal Student Aid (FAFSA) set forth in
			 11 KAR
			 4:080, Section 1(1), shall be completed and submitted
			 in accordance with the instructions provided on the FAFSA.
(2) An applicant shall indicate the choices
			 of educational institutions on the application to be considered for the KHEAA
			 grant. All educational institutions listed on the FAFSA shall be used in the
			 determination of eligibility for a KHEAA grant program award.
(3) A person who submits a completed FAFSA
			 shall not be eligible for a KHEAA grant for an academic year in which the
			 person:
(a) Did not select on the application
			 an educational institution that participates in a KHEAA grant
			 program;
(b) Is not:
1. A United States citizen or eligible
			 noncitizen; and
2. A resident of
			 Kentucky;
(c) Is a
			 graduate student, except that a student enrolled in a program of study
			 designated as an equivalent undergraduate program of study by the Council on
			 Postsecondary Education shall not be ineligible for a CAP grant by reason of
			 this paragraph; or
(d) Will obtain
			 a first baccalaureate degree before July 1 of the academic year for which he is
			 seeking financial assistance.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:140 - KTG award determination procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(2),
				164.753(4),
				164.780,
				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 establishes the award determination procedures for
				the Kentucky tuition grant program.
Section
			 1. Kentucky Tuition Grant (KTG) Program Awards. An application
			 submitted pursuant to
			 11 KAR
			 4:080 and
			 11 KAR
			 5:130 shall be reviewed for determination of
			 eligibility for a KTG.
Section 2.
			 KTG Need. For each KTG eligible applicant, the KTG need shall be computed
			 according to the following formula: KTG need equals total cost of education
			 minus the sum of:
(1) Expected Pell
			 grant;
(2) Expected family
			 contribution; and
(3) CAP
			 grant.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:145 - CAP grant award determination procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(2),
				164.753(4),
				164.7535,
				164.7889(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.748(4) authorizes 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.
				KRS
				164.7889(3) requires the
				authority to promulgate an administrative regulation that establishes the
				maximum amount available under the grant programs, and the average income level
				for qualification for the grant programs if sufficient funds are available.
				This administrative regulation prescribes the award determination procedures
				for the CAP Grant Program.
Section 1.
			 Each application submitted pursuant to
			 11 KAR 4:080 and
			 11 KAR 5:130 shall be reviewed for
			 determination that all eligibility requirements established in
			 11 KAR 5:034 are met. To qualify
			 for a CAP award based on financial need, the applicant's expected family
			 contribution shall be $5,846 or less.
Section
			 2. CAP Grant Award.
(1) Except
			 as provided in subsection (2) of this section, the maximum CAP grant in any
			 semester for an applicant accepted for enrollment on a full-time basis as
			 determined by the educational institution in an eligible program shall be the
			 lesser of:
(a) $1,100 for an applicant
			 enrolled in a two (2) year institution;
(b) $1,450 for an applicant enrolled in a
			 four (4) year institution; or
(c)
			 The amount of eligibility the student has remaining within the aggregate KHEAA
			 grant limit.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:150 - Notification of award

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.740-164.764,
				164.780,
				164.785,
				164.7535
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.748(4) requires KHEAA to
				promulgate administrative regulations pertaining to the awarding of grants,
				scholarships, and honorary scholarships as provided in
				KRS
				164.740 to
				164.785.
				KRS
				164.753(4) requires the
				authority to promulgate administrative regulations pertaining to grants. This
				administrative regulation sets forth the procedures for notification to
				applicants and to educational institutions.
Section
			 1. The authority shall notify each KHEAA grant recipient of the
			 authority's determination of eligibility for a KHEAA grant.
Section 2. The authority shall direct
			 applicants to the KHEAA Web site to inform them of the amount of award or the
			 reason for their denial.
Section 3.
			 The KGPO may access on the KHEAA Web site the educational institution's College
			 Summary File listing applicants who have indicated that they may enroll at the
			 institution.
STATUTORY AUTHORITY:
				  KRS
				  164.748(4),
				  164.753(4)
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:160 - Disbursement procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.7535,
				164.780,
				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 establishes the disbursement procedures for KHEAA
				grant programs.
Section 1. Eligibility
			 Verification.
(1) The KGPO shall certify the
			 eligibility of students and submit to the authority a complete and accurate
			 eligibility verification file (EVF), according to instructions accompanying the
			 eligibility verification file layout provided by the authority, to indicate
			 which KHEAA grant recipients are actually enrolled at the
			 institution.
(2) The educational
			 institution shall submit to the authority a properly certified eligibility
			 verification file (EVF):
(a) For the fall
			 academic term, by:
1. October 1 for
			 educational institutions using nonquarter hour academic terms; and
2. October 15 for educational institutions
			 using quarter hour academic terms; and
(b) For the spring academic term, by:
1. February 15 for educational institutions
			 using nonquarter hour academic terms; and
2. April 15 for educational institutions
			 using quarter hour academic terms.
(3) The instructions accompanying the
			 eligibility verification file layout shall specify:
(a) Conditions under which a KHEAA grant
			 shall be disbursed to the benefit of the KHEAA grant recipient; and
(b) Conditions under which KHEAA grant funds
			 shall be returned to the authority.
(4) If the KGPO fails to provide complete and
			 accurate information in the proper format in the eligibility verification file
			 according to the instructions or fails to submit the file to the authority by
			 the deadline established in subsection (2) of this section, the authority shall
			 not advance KHEAA grant funds in the next academic term until the file for the
			 next academic term is properly certified and submitted.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:170 - Refund and repayment policy

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 164.748(4), (8),
				(12), (14),
				164.753(4)(a),
				164.7535,
				164.780,
				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 establishes the apportionment of financial assistance
				refunds from institutions and repayment from students due to the KHEAA grant
				programs.
Section 1.
(1) A student who fails to enroll, withdraws,
			 is expelled from the institution, or otherwise fails to complete the program on
			 or after his first day of class of the period of enrollment or changes
			 enrollment status may be due a refund of monies paid to the institution on
			 behalf of that student or may owe a repayment of cash disbursements made to the
			 student for educational expenses.
(2) If the student received financial
			 assistance administered by the authority, all or a portion of the refund and
			 repayment shall be due to the authority for its financial assistance programs
			 in accordance with Sections 2 and 3 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:180 - Records and reports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.740-164.764,
				164.780,
				164.785
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.748(4) requires the
				Kentucky Higher Education Assistance Authority or KHEAA to promulgate
				administrative regulations pertaining to the awarding of grants, scholarships,
				and honorary scholarships as provided in
				KRS
				164.740 to
				164.785.
				The Kentucky Higher Education Assistance Authority administers grant programs
				to provide financial assistance to students to attend Kentucky educational
				institutions. This administrative regulation establishes recording and
				reporting requirements for educational institutions.
Section 1. Records and Reports. An
			 educational institution shall:
(1) Establish
			 an organized system of records pertaining to KHEAA grant recipient
			 eligibility;
(2) Maintain these
			 records for a period of not less than three (3) years after the award year in
			 which the recipient ceased enrollment; and
(3) Upon request, make available to the
			 authority:
(a) All records relied upon by that
			 institution to certify that any recipient of funds from the authority is an
			 eligible student; and
(b)
			 Information necessary to verify that the institution has complied with:
1. 11 KAR Chapter 5;
2. The federal act, as it is defined in
			 11
			 KAR 5:001, Section 1(13); and
3. Representations and requirements contained
			 in its agreement with the authority.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 5 - KHEAA Grant Programs › Section 11 KAR 5:200 - Go Higher Grant Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.740,
				164.744(2),
				164.753(4),
				164.7535,
				164.780,
				164.785
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.748(4) requires KHEAA to
				promulgate administrative regulations pertaining to the awarding of grants,
				scholarships, and honorary scholarships as provided in
				KRS
				164.740 to
				164.7891.
				This administrative regulation establishes application procedures and selection
				criteria for the administration of the Go Higher Grant Program.
Section 1. Definitions.
(1) "Demonstrated financial need" means an
			 expected family contribution (EFC) of no more than 150 percent of the CAP Grant
			 EFC as set forth in
			 11 KAR
			 5:145, Section 1.
(2) "Eligible institution" is defined by
			 KRS
			 164.740(4).
(3) "Eligible student" is defined by
			 KRS
			 164.740(6).
(4) "Half-time enrollment" means enrollment
			 in a minimum of six (6) hours of course work.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 7 - Incentive Loan Program › Section 11 KAR 7:010 - Incentive Loan Program; mathematics and science

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 164.768
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 164.768 establishes
				the math/science incentive loan program for awarding incentive loans to persons
				declaring an intention to serve and who actually render service in the critical
				teacher shortage fields of mathematics and science. Section 39 of House Bill 6,
				enacted in the 1985 extraordinary session of the General Assembly, amended
				KRS 156.611 to transfer
				administration of this program from the Department of Education to the Kentucky
				Higher Education Assistance Authority. It is necessary to the administration of
				the program that the Assistance Authority promulgate this administrative
				regulation to prescribe rules for the administration of the program. Section 1
				of House Bill 74, enacted in the 1988 regular session of the General Assembly,
				repealed
				KRS 156.611 and
				reenacted those provisions as
				KRS 164.768. This
				amendment is necessary and intended only to correct the statutory
				citation.
Section 1. Definitions.
(1) "Public school" means a common school
			 operated under the laws of the Commonwealth of Kentucky.
(2) "Semester" means a period of about
			 eighteen (18) weeks, which usually makes up one-half (1/2) of a public school
			 year or one-half (1/2) of a participating institution's academic
			 year.
(3) "Qualified teaching
			 service" means employment in a critical shortage field in grades seven (7)
			 through twelve (12) in a public school in a position requiring a Kentucky
			 teacher's certificate for a major portion of a school day for at least seventy
			 (70) days during a semester.
(4)
			 "Participating institution" means an institution of higher education located in
			 Kentucky, which is approved by the State Board of Education to offer teacher
			 education programs, and which has in force an agreement with the authority
			 providing for administration of this program.
(5) "Critical shortage field" means the
			 teaching fields of mathematics and science specified in
			 KRS 164.768.
(6) "Qualified teacher education program"
			 means a program of study in a mathematics or science major or area of
			 concentration leading to teacher certification in one (1) of the critical
			 shortage fields.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 8 - Teacher Scholarship Loan Program › Section 11 KAR 8:010 - Teacher Loan Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 164.770
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 164.770 established
				the Teacher Loan Program to encourage academically talented students to become
				teachers in the public schools of the Commonwealth. This administrative
				regulation prescribes rules for the administration of the Teacher Loan Program.
				11 KAR
				8:030 establishes a new program of teacher
				scholarships pursuant to House Bill 799 (1990 RS), Part I, F., 46., p. 52 and
				the corresponding budget memorandum. This amendment is necessary to rename the
				program established pursuant to
				KRS 164.770 to avoid
				confusion.
Section 1. Definitions.
(1) "Public school" means a common school
			 operated under the laws of the Commonwealth of Kentucky.
(2) "Semester" means a period of about
			 eighteen (18) weeks, which usually makes up one-half (1/2) of a public school
			 year or one-half (1/2) of a participating institution's academic
			 year.
(3) "Qualified teaching
			 service" means employment in a public school in a position requiring a Kentucky
			 Teacher's Certificate for a major portion of a school day for at least seventy
			 (70) days during a semester.
(4)
			 "Participating institution" means an institution of higher education located in
			 Kentucky, which is approved by the State Board of Education to offer teacher
			 education programs, and which has in force an agreement with the authority
			 providing for administration of this program.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 8 - Teacher Scholarship Loan Program › Section 11 KAR 8:030 - Teacher scholarships

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.740, 164.744(2), 164.753(3), 164.769
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.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 8 - Teacher Scholarship Loan Program › Section 11 KAR 8:040 - Deferment of teacher scholarship repayment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.740,
				164.744(2),
				164.769
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.744(2) authorizes the
				authority to provide scholarships, and
				KRS
				164.769 authorizes the authority to
				specifically provide a program of teacher scholarships.
				KRS
				164.748(4) and
				164.753(3)
				require the authority to promulgate administrative regulations pertaining to
				the awarding of scholarships as provided in
				KRS
				164.740 to
				164.7891.
				KRS
				164.769(6)(f) requires the
				authority to promulgate administrative regulations establishing the terms and
				conditions for the award, cancellation, and repayment of teacher scholarships
				including deferments. This administrative regulation establishes conditions for
				deferment of the repayment obligation.
Section
			 1. Definitions.
(1) "Authority"
			 is defined by
			 KRS
			 164.740(1).
(2) "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 thereon.
(3) "Deferment" means a temporary waiver of
			 the obligation of a teacher scholarship recipient to make payments to the
			 authority, pursuant to one (1) or more promissory notes executed between the
			 recipient and the authority, which is granted by the authority, for a specified
			 period of time, upon a showing of cause by the recipient.
(4) "Eligible institution" is defined in
			 KRS
			 164.740(4).
(5) "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.
(6)
			 "Participating institution" is defined in
			 KRS
			 164.769(2)(d).
(7) "Professional Teaching Certificate" means
			 the document issued to:
(a) An individual
			 upon successful completion of the beginning teacher internship;
(b) An applicant for whom the testing and
			 internship requirement is waived under
			 KRS
			 161.030 based on preparation and successful
			 completion of the assessment.
(8) "Qualified teaching service" is defined
			 in
			 KRS
			 164.769(2)(e).
(9) "Semester" is defined in
			 KRS
			 164.769(2)(f).
(10) "Teaching" means performing continuous
			 classroom instruction pursuant to a Professional Teaching Certificate or during
			 participation in the Kentucky Teacher Internship Program (KTIP), and shall not
			 include substitute teaching.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 10 - Congressional Teacher Scholarship Program › Section 11 KAR 10:020 - Deferment and reduction of repayment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.744(2),
				164.748(7),
				(8), 34 C.F.R. 653.21, 653.42
NECESSITY, FUNCTION, AND CONFORMITY: Public Law 98-558
				established the Carl D. Perkins Scholarship Program, subsequently renamed the
				Congressional Teacher Scholarship Program and then subsequently renamed the
				Paul Douglas Teacher Scholarship Program. The Kentucky Higher Education
				Assistance Authority (authority) administers the program on behalf of the
				Commonwealth of Kentucky. That law, at 20 USC 1104g, and federal regulation 34
				CFR 653.42(g), (i) and (j), authorize certain exceptions to repayment. 34 CFR
				653.42(h) authorizes the authority to prescribe documentation necessary to
				obtain a deferment. 34 CFR 653.42(d)(2)(ii) authorizes the authority to reduce
				the required payments upon a showing of inability to repay. 34 CFR 653.21(a)(4)
				requires the authority to establish and implement policies and procedures
				necessary to administer repayment under 653.42. This administrative regulation
				defines "deferment" and establishes conditions under which specified types of
				deferments may be approved by the authority. This amendment is necessary to
				conform to amendments to the federal Act enacted by
				PL
				102-325.
Section
			 1. Definitions.
(1) The
			 definition of "authority" is governed by
			 KRS
			 164.740(1).
(2) "Deferment" means a temporary waiver of
			 the obligation of a scholar to make payments to the authority, pursuant to one
			 (1) or more agreements or promissory notes executed between the scholar and the
			 authority, which is granted by the authority, for a specified period of time,
			 upon a showing of cause by the scholar.
(3) The definition of "federal act" is
			 governed by
			 KRS
			 164.740(9).
(4) "Institution of higher education" means a
			 public or private, nonprofit educational institution approved by the secretary
			 under the federal act for participation in the Paul Douglas Scholarship
			 program.
(5) The definition of
			 "secretary" is governed by
			 KRS
			 164.740(20).
(6) "Scholar" means a Paul Douglas
			 Scholarship recipient.
(7) The
			 definition of "scholarship" is governed by
			 KRS
			 164.740(18).
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:020 - General rules for investments and fund transfers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.310(4),
				164A.325(7),
				164A.335,
				164A.375
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.325(7) authorizes the
				board to promulgate administrative regulations necessary for the administration
				of the savings plan trust.
				KRS
				164A.310(4) requires the
				board to invest moneys within the program fund in investments determined by the
				board to be appropriate. This administrative regulation establishes the
				requirements for investments and fund transfers.
Section 1. Investments.
(1) The program administrator, an investment
			 manager, a trustee or depository institution holding funds received pursuant to
			 KRS
			 164A.335 shall adhere to the following
			 standards:
(a) Safety of principal at the
			 time of a projected cash need shall be paramount for all investment
			 situations;
(b) Liquidity of
			 investments shall be assured for funds which may be needed to satisfy short
			 term cash flow needs; and
(c)
			 Except as provided in paragraphs (a) and (b) of this subsection, maximizing
			 investment yield shall be the prime objective of an investment.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:030 - Eligibility of beneficiary and participant

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.330
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.325(9) authorizes the
				board to promulgate administrative regulations necessary for the administration
				of the savings plan trust.
				KRS
				164A.330 authorizes the Kentucky Educational
				Savings Plan Trust to enter into a participation agreement with a participant
				on behalf of a beneficiary.
				KRS 164A.380
				provides that
				KRS
				164A.300 to
				164A.380
				shall be construed liberally in order to effectuate its legislative intent and
				the powers granted shall be broadly interpreted to effectuate the intent and
				purposes. This administrative regulation establishes the eligibility criteria
				for a beneficiary and a participant to participate in the participation
				agreement.
Section 1. Beneficiary
			 Eligibility. A beneficiary shall be a resident of any state.
Section 2. Participant Eligibility. A
			 participant shall be a resident of any state.
Section 3.
(1) In order to participate in the Kentucky
			 educational savings plan trust, a participant shall submit to the program
			 administrator a signed participation agreement, including the valid Social
			 Security number or federal identification number of the beneficiary and the
			 valid Social Security number or federal identification number of the
			 participant.
(2) A state or local
			 government agency or instrumentality or an organization described in
			 26 USC
			 501(c)(3) that establishes
			 an account as part of a scholarship program shall submit to the program
			 administrator the Social Security number of the recipient upon designation of
			 the scholarship recipient.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:040 - Residency classification for Kentucky Educational Savings Plan Trust vested participation agreements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.305(14),
				164A.330(6)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.325(9) authorizes the
				board to promulgate administrative regulations to implement the Kentucky
				Educational Savings Plan Trust.
				KRS
				164A.330(6) requires that
				each participation agreement provide that for a vested participation agreement,
				the beneficiary shall be considered a resident of the Commonwealth for tuition
				purposes if the beneficiary enrolls in an institution of higher education in
				Kentucky. This administrative regulation establishes the standards for proof of
				residency of a beneficiary for a vested participation agreement.
Section 1. Residency Requirement.
(1) A person who has been a resident of the
			 Commonwealth of Kentucky for at least eight (8) continuous years and was
			 designated as a beneficiary under a participation agreement that is in full
			 force and effect for that entire eight (8) year period, shall be deemed to have
			 a vested participation agreement, even if the beneficiary leaves the state
			 prior to enrollment in an institution of higher education.
(2) For purposes of subsection (1) of this
			 section, a participation agreement shall be deemed to be in full force and
			 effect if, at the end of the eight (8) year period, the total contributions of
			 principal to the account that remain in the account balance equals $2400 and
			 the participation agreement has not been cancelled at the time that the
			 beneficiary first enrolls in an institution of higher education.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:050 - Substitution of a beneficiary

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.325(5),
				164A.330(4),
				(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.325(9) authorizes the
				board to promulgate administrative regulations for the administration of the
				Kentucky Educational Savings Plan Trust.
				KRS
				164A.330(4) and (5)
				establishes the statutory framework for the substitution of a beneficiary.
				KRS
				164A.325(5) authorizes the
				board to promulgate, impose, and collect administrative fees and charges for
				trust transactions. This administrative regulation establishes the requirements
				for the substitution of a beneficiary.
Section
			 1. Substitution.
(1) A
			 participant may substitute a beneficiary at any time subject to
			 KRS
			 164A.330(4). If a
			 participant desires to substitute the beneficiary, the participant shall give
			 written notice to the program administrator by submitting a "notice to
			 substitute beneficiary."
(2) In
			 order for a substitution of beneficiary to be effective, the substituted
			 beneficiary shall be already designated as a beneficiary on another account or
			 eligible, pursuant to
			 11
			 KAR 12:030, on the date that the notice to substitute
			 beneficiary is submitted.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:060 - Cancellation, partial withdrawal, and payment of refund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.325(5),
				164A.350
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.325(9) authorizes the
				board to promulgate administrative regulations to implement the Kentucky
				Educational Savings Plan Trust.
				KRS
				164A.350(2) provides that a
				participant may cancel a participation agreement and allows a penalty to be
				charged by the trust. This administrative regulation establishes the procedures
				for cancellation of the participation agreement and refund of the account
				balance and specifies the penalty.
Section
			 1. Cancellation. To cancel a participation agreement pursuant to
			 KRS
			 164A.350(2), a participant
			 shall submit to the program administrator a notice to terminate the
			 participation agreement.
Section 2.
			 Partial Withdrawal. A participant may request a partial withdrawal of an
			 account balance without cancellation of the participating agreement. To request
			 a partial withdrawal from a Kentucky Educational Savings Plan Trust account, a
			 participant shall submit a written request to the program
			 administrator.
Section 3. Refund.
			 The amount to be refunded pursuant to
			 KRS
			 164A.350, shall be mailed or otherwise sent
			 to the participant within sixty (60) days after receipt by the program
			 administrator of notice to terminate the participation agreement or written
			 request for partial withdrawal.
STATUTORY AUTHORITY:
				  KRS
				  164A.325(5), (9),
				  164A.350(8)
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:070 - Benefits payable from the Kentucky Educational Savings Plan Trust Program fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.310(8),
				164A.330(5),
				164A.335,
				26 U.S.C.
				529
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.325(9) authorizes the
				board to promulgate administrative regulations to implement the Kentucky
				Educational Savings Plan Trust. This administrative regulation establishes the
				maximum benefits payable in an academic period, the duration of the payments,
				the payment of benefits for a beneficiary residing off campus and the notice
				provisions for a refund of the payments for nonuse or unused benefits from the
				program fund.
Section 1. Distribution
			 of Benefits.
(1) Upon submission of a notice
			 to use trust benefits, the participant shall specify the level of benefits to
			 be paid. The participant shall elect distribution of an allotment of the
			 account balance, calculated by dividing the account balance by the number of
			 academic periods in the beneficiary's program of study, or a higher amount,
			 which shall not exceed the beneficiary's higher education costs for each
			 academic period. The participant may adjust the level of benefits paid in an
			 academic period by notifying the program administrator in writing.
(2) Distribution of benefits shall begin
			 after receipt by the program administrator of a notice to use trust benefits
			 and shall continue throughout the beneficiary's period of enrollment at an
			 institution of higher education, or until the account balance has been
			 exhausted, whichever occurs first.
(3) If a participant transfers ownership
			 rights pursuant to KRS Chapter 385, Uniform Transfers to Minors Act,
			 notwithstanding
			 KRS
			 385.202(1), which mandates
			 the transfer of custodial property to the minor upon attainment of age eighteen
			 (18), the property shall be distributed for postsecondary educational purposes
			 in accordance with the terms of the participation agreement during each
			 academic period of the beneficiary's educational program.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 12 - Kentucky Educational Savings Plan Trust › Section 11 KAR 12:090 - Transfer of ownership of Kentucky Educational Savings Plan Trust Program fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164A.350(6), Chapter
				385
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164A.350 states that the participant retains
				ownership of the principal amount of payments to the program fund, and that the
				trust retains ownership of the investment income until distributions are made.
				KRS
				164A.300 through
				164A.380
				provide to the participant reversionary rights in the investment income in the
				event of termination, and confer upon the participant various powers to
				terminate the participation agreement, substitute beneficiaries, and delay
				distribution of benefits. Nothing in the foregoing statutes prohibits a
				participant from transferring these rights and ownership and reversionary
				interests to another eligible participant or to a minor beneficiary under the
				Uniform Transfers to Minors Act. Furthermore, nothing in the foregoing statutes
				precludes a beneficiary from also being a participant. This administrative
				regulation permits such a transfer and sets forth the procedures to facilitate
				a transfer under the Uniform Transfers to Minors Act.
Section 1. General Rule. A participant may
			 assign ownership interest in payments to another eligible participant at any
			 time. An assignment of ownership shall only be effective to transfer ownership
			 interest in the trust if the assignment:
(1)
			 Is to another individual who qualifies as eligible pursuant to
			 11
			 KAR 12:030;
(2) Is irrevocable;
(3) Transfers all ownership, reversionary
			 rights, and powers of appointment (i.e., power to substitute beneficiaries) and
			 to direct the distribution of benefits; and
(4) Is in writing and submitted to the
			 program administrator.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 13 - National Guard Tuition Assistance Program › Section 11 KAR 13:010 - National Guard Tuition Award Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 164.516-164.5169
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.
Kentucky Administrative Regulations › Title 11 - KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY › Chapter 14 - Osteopath Medicine Scholarship Program › Section 11 KAR 14:010 - Osteopathic Medicine Scholarship Program application process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.7891
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.7891(9) requires the
				authority to promulgate administrative regulations for administration of the
				Osteopathic Medicine Scholarship Program. This administrative regulation
				establishes the application process for the Osteopathic Medicine Scholarship
				Program.
Section 1. Definition.
			 "Authority" is defined in
			 KRS
			 164.740(1).
Section 2.
(1) The school of osteopathic medicine shall
			 send notification to the authority by August 1 of each year of those students
			 eligible to receive the scholarship.
(2) The list submitted by the school of
			 osteopathic medicine shall contain each eligible student's name, address,
			 Social Security number, and academic year for which the promissory note is
			 applicable.