13 PROPOSED ADMINISTRATIVE RULES

 

SOAHR #2006-023 DEPARTMENT OF TREASURY

MICHIGAN HIGHER EDUCATION ASSITANCE AUTHORITY CHILDREN OF VETERANS TUITION GRANT PROGRAM

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the Michigan Higher Education Assistance Authority by 2005 PA 248, MCL 390.1343)

 

R 35.651, R 35.652, R 35.652a, R 35.653, and R 35.654 of the Michigan Administrative Code are rescinded and R 390.1901, R 390.1902, R 390.1903, R 390.1904, R 390.1905, R 390.1906, R 390.1907,

and R 390.1908 are added to the Code as follows:

 

R 35.651  Definitions. Rescinded.

  Rule 1. (1) As used in these rules "act" means Act No. 245 of the Public Acts of 1935, as amended, being SS35.111 and 35.112 of the Michigan Compiled Laws.

  (2) As used in the act:

  (a) "Child of a Michigan veteran" means the natural child or legally adopted child.

  (b) "Resident of this state for 12 months" means that a person is a resident of this state for 12 months immediately preceding enrollment in a Michigan, tax-supported, educational institution.

 

R 35.652  Eligibility. Rescinded.

  Rule 2. (1) A certifiable student shall be allowed benefits under the act if the student's cumulative grade point average remains at or above 2.25.

  (2) A student who fails to achieve a cumulative grade point average of 2.25 shall be placed in probationary status for 1 term or semester.

  (3) Benefits shall be terminated for students who fail to achieve a cumulative grade point average of 2.25 at the close of the probationary period.

  (4) A student shall not fail to attend, withdraw from, or drop, a class for the express purpose of  manipulating the cumulative grade point for continuation of benefits under the act.

 

R 35.652a  Reinstatement of eligibility.     Rescinded.

  Rule 2a. Reinstatement of eligibility shall be effected for students who petition the veterans' trust fund  board of trustees and who meet all of the following criteria:

  (a) Have a cumulative grade point average of 2.25 or above.

  (b) Submit a certified transcript which verifies the cumulative grade point average.

 

 

  (c) Submit a statement from a department counselor or advisor containing a realistic appraisal of the student's ability to complete his or her program at a level of progress to remain eligible for benefits under the act.

 

R 35.653  Applications for determination of eligibility; determination of total disability or death.

Rescinded.

  Rule 3. (1) An application for determination of eligibility shall not be accepted before an applicant's  sixteenth birthday.

  (2) A determination of total disability, death in service, or death subsequent to service resulting from service connected causes shall be governed by disability and death awards paid by the United States veterans administration or the United States armed forces. Total disability shall be construed to be any condition or combination of conditions which are rated 100% disabling by the veterans administration or  the armed forces of the United States.

 

R 35.654  Billing and payment. Rescinded.

  Rule 4. (1) The letter of eligibility provided by the veterans' trust fund board of trustees shall be submitted to the state tax-supported institution of this state for inclusion in the student's file as authority  for the billing of tuition and fees to the veterans' trust fund board of trustees.

  (2) Tuition shall not be paid for a term or semester ending before receipt of an application for  determination of eligibility by the veterans' trust fund board of trustees. The beginning of the term or  semester shall be the first day on which classes are held.

  (3) Fees shall be paid at the minimum resident rate for basic tuition, including nonelective fees applying to the enrolled student body. Basic tuition and fees shall also be paid for repeat courses and off-campus study courses.

 

R 390.1901  Definitions.

Rule 1901.  As used in these rules:

(a)   “Act” means the children of veterans tuition grant act, 2005 PA 248, MCL 390.1341 to 390.1346.

(b)   “Eligible age” means the student has reached 17 years of age and has not yet reached 26 years of age at the start of the enrollment period.

(c)   “Eligible program” means courses at an eligible institution that are applicable or transferable to a baccalaureate or associate degree.

(d)   “Enrollment” means the period of time defined by a participating school’s academic calendar as the times when semesters or terms of instruction begin and end.

(e)   “Full time enrollment” is defined as enrollment in 24 semester or 36 terms credits within an academic year.

(f)  “Part-time enrollment” means students enrolled at least half time as determined on an enrollment count date that is established by each eligible institution.

(g)   “Participating school” means an eligible postsecondary institution as defined in section 2 of the act that elects to participate in the children of veterans tuition grant program.

 

 

(h)  “Satisfactory academic progress” means compliance with the standards of enrollment established by the eligible institution pursuant to the federal higher education act of 1965, as amended, regarding minimal criteria of academic progress needed to maintain eligibility for federal title IV student aid programs.

(i)   “Tuition-specific gift aid” means a financial aid scholarship or grant that is designated specifically for the payment of postsecondary tuition charges and that cannot be used to pay any other education-related expenses.

 

R 390.1902  Statutorily defined terms used in rules.

Rule 1902.  Except as otherwise provided in these rules, a term defined in the act has the same meaning when used in these rules.

 

R 390.1903  Responsibilities of participating school.

Rule 1903.  A participating school shall do all of the following:

(a)  Upon receipt of a letter of eligibility provided by the department of treasury, shall bill the authority for funds on behalf of students meeting the eligibility requirements described in section 4 of the act and these rules.

(b)   Apply funds to eligible students’ accounts.

(c)  Confirm enrollment and submit other reports regarding expenditures and related data to the authority on a timely basis.

(d)   Monitor the grade point averages and academic progress for grant recipients.

(e)    Return refunds to the program promptly during the academic year.

(f)  Not bill for tuition for a term or semester ending before an application has been received by the authority.

(g)   Tuition may be billed for repeat courses, online courses, and off-campus study courses.

 

R 390.1904  Additional grant eligibility requirements.

Rule 1904.  The authority, in conjunction with a participating school, may determine that an individual is eligible for a grant upon meeting the requirements of section 4 of the act and all of the following requirements:

(a)  Possesses a high school diploma or GED certificate, or is accepted for enrollment at an eligible postsecondary institution as defined in section 2(c) of the act.

(b)  Is enrolled at least half time as determined at the end of the participating school’s refund period.

(c)  Is not in default on a federal title IV student loan and does not owe a refund of a federal title IV grant.

(d)   Is making satisfactory academic progress as determined by the participating school.

(e)   Meets the program’s eligible age requirement prior to the beginning of an enrollment period.

(f)  Is not currently incarcerated in a correctional facility on either a full-time or part-time basis. Students become ineligible for funds immediately if incarcerated or at the start of the next enrollment term if it is beyond the participating school’s refund period.

 

R 390.1905  Probation, suspension, and termination due to grades.

Rule 1905.  An eligible student who meets the requirements of the act and R 390.1904 shall receive benefits under the act if the student’s grade point average remains at or above 2.25.  Both of the following shall apply:

 

 

(a)   A student who fails to achieve a cumulative grade point average of 2.25 will be placed on probationary status for 1 term or semester during which time the student may continue to receive grant assistance.

(b)   A student who fails to achieve a cumulative grade point average of 2.25 after being placed on probationary status for 1 term or semester shall be placed on suspension during which time grant assistance will be suspended.  The student will remain on suspension until documentation of the required 2.25 cumulative grade point average is received by the authority in accordance with R 390.1906(b).

 

R 390.1906  Reinstatement of eligibility.

Rule 1906.  Reinstatement of eligibility for assistance under this act shall be granted under the following circumstances:

(a)     A student who has become ineligible for assistance for failure to comply with the provisions of the act or R 390.1904 may be reinstated if he or she has a cumulative grade point average of

2.25 and can provide evidence to the authority of complying with the act and R 390.1904.

(b)     A student who has become ineligible for assistance pursuant to R 390.1905(b) may be reinstated if he or she meets both of the following criteria:

(i)     After a term or semester of being placed on suspension, the student raises his or her cumulative grade point average to 2.25 or above and can provide documentation to the authority of such through a college transcript.

(ii)     The student continues to meet the provisions of the act and R 390.1904.

 

R 390.1907  Length of eligibility.

Rule 1907.  Students meeting all eligibility requirements in the act and in these rules shall remain eligible for grant assistance until any of the following occur:

(a)   The student has received 4 academic years of grant assistance which is counted as 8 semesters or 12 terms of grant payments.

(b)   The student has received a total of $11,200 in grant assistance.

(c)   The student reaches age 26 prior to the term of enrollment for which grant assistance is requested.

 

R 390.1908  Grant amount.

Rule 1908.  The maximum grant a student may receive is $2,800 per academic year, or the amount of eligible costs minus other tuition-specific gift aid, whichever amount is less.