TITLE 8. EDUCATION
STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA
Final Regulation
REGISTRAR'S NOTICE: The State Council of Higher
Education for Virginia is claiming an exemption from the Administrative Process
Act in accordance with § 2.2-4002 B 4 of the Code of Virginia, which
exempts regulations relating to grants of state or federal funds or property.
Title of Regulation:
8VAC40-150. Virginia Two-Year College Transfer Grant Program Regulations
(adding 8VAC40-150-10 through 8VAC40-150-100).
Statutory Authority: § 23-38.10:9 of the
Code of Virginia.
Effective Date: July 31, 2009.
Agency Contact: Linda H. Woodley,
Regulatory Coordinator, State Council of Higher Education for Virginia, James Monroe
Bldg., 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804)
371-2938, FAX (804) 786-2027, or email lindawoodley@schev.edu.
Summary:
These regulations are
adopted for the implementation and administration of a scholarship program for
two-year college graduates transferring to a Virginia four-year college or
university. The regulations provide definitions; institutional application to
participate procedures; eligibility criteria for initial, renewal, and summer
awards; amount and refund of awards; use of funds; and responsibilities of the
council and participating institutions.
CHAPTER 150
VIRGINIA TWO-YEAR COLLEGE TRANSFER GRANT PROGRAM REGULATIONS
8VAC40-150-10. Definitions.
The following
words and terms when used in this chapter shall have the following meanings
unless the context clearly indicates otherwise:
"Academic
year" means the enrollment period that normally extends from late August
to May or early June and that is normally comprised of two semesters (fall and
spring) or three quarters (fall, winter, and spring).
"Accredited
institution" means any institution approved to confer degrees pursuant to
Chapter 21.1 (§ 23-276.1 et seq.) of Title 23 of the Code of Virginia."
"Approved
course of study" means a curriculum of courses at the undergraduate level
leading to a first bachelor's degree. Programs in the 39.xxxx series, as
classified in the National Center for Education Statistics' Classification of
Instructional Programs (CIP), provide religious training or theological education
and are not approved courses of study.
"Award"
means a grant from state funds appropriated for the Virginia Two-Year College
Transfer Grant Program (CTG).
"Award
year" means the 12-month enrollment period during which a college or
university holds classes, normally comprised of (i) one fall semester, one
spring semester, and a summer session or (ii) one fall quarter, one winter
quarter, one spring quarter, and a summer session. For purposes of awarding
funds for this program, the summer will be treated as a trailing term.
"Cost of
attendance" means the sum of tuition, required fees, room, board, books
and supplies, and other education-related expenses as determined by an
institution for purposes of awarding federal Title IV student financial
assistance.
"Council"
means the State Council of Higher Education for Virginia or its designated
staff.
"Domiciliary
resident of Virginia" means a student who is determined by a participating
institution to meet the eligibility requirements specified by § 23-7.4 of
the Code of Virginia.
"Expected
family contribution" or "EFC" means the amount a student and the
student's family is expected to contribute toward the cost of college
attendance. The EFC is calculated using information provided on the Free
Application for Federal Student Aid. The institution may exercise professional
judgment to adjust the student's EFC, as permitted under federal law, based on
factors that affect the family's ability to pay.
"Financial
need" means a maximum expected family contribution of $8,000 based on a
standard nine-month academic year.
"First-time
entering freshman" means a student attending any institution for the first
time at the undergraduate level. Includes students enrolled in the fall term
who attended college for the first time in the immediate prior summer term.
Also includes students who entered with advanced standing (college credits
earned before high school graduation).
"Free
Application for Federal Student Aid" or "FAFSA" means the needs
analysis form provided by the United States Department of Education, which is
completed annually by students applying for federal Title IV student financial
assistance and need-based financial aid programs sponsored by the Commonwealth
of Virginia and that results in the calculation of the expected family
contribution.
"Full-time
study" means enrollment for at least 12 credit hours per semester or its
equivalent in quarter hours at the undergraduate level. The total hours counted
will not include courses taken for audit, but may include required
developmental or remedial courses and other elective courses that normally are
not counted toward a degree at the participating institution.
"Participating
institution of higher education" or "participating institution"
means a four-year public or private nonprofit accredited institution within the
Commonwealth of Virginia whose primary purpose is to provide undergraduate
collegiate education and not to provide religious training or theological
education.
"Program"
means the Virginia Two-Year College Transfer Grant.
"Quarter"
means a division of an academic year approximately 10 to 11 weeks in length
from the first day of classes through the last day of exams for the fall, winter,
and spring enrollment periods.
"Satisfactory
academic progress" means acceptable progress towards completion of an
approved course of study as defined by the institution for the purposes of
eligibility under § 668 of the Federal Compilation of Student Financial Aid
Regulations.
"Semester"
means a division of an academic year approximately 15 to 16 weeks in length
from the first day of classes through the last day of exams for the fall and
spring enrollment periods.
"Student"
means an undergraduate student who is entitled to in-state tuition charges
pursuant to § 23-7.4 of the Code of Virginia.
"Summer
session" means a division of an award year consisting of one or more
summer sessions normally extending from late May to August, exclusive of the participating
institution's fall, winter, and spring terms.
"Term"
means the fall semester or quarter, winter quarter, spring semester or quarter,
or summer session.
8VAC40-150-20. Institutional application to participate.
In order to
participate in the program, institutions not previously approved by the council
to participate must file a formal application with the council no later than
January 31 of the calendar year preceding the calendar year in which fall
semester or quarter awards would first be available to students. Virginia
public four-year institutions and accredited private institutions participating
in the Virginia Tuition Assistance Grant Program need not apply.
Applications
shall be addressed to the council and shall include:
1. Estimates of the number
of students who would be eligible to receive awards under the program in the
first and second year of participation;
2. A copy of the Fiscal
Operations Report and Application to Participate in Federal Student Financial
Aid Programs (FISAP); and
3. Certifications from the
institution's chief executive officer that the institution:
a. Meets eligibility
requirements for participation;
b. Will furnish whatever
data the council may request in order to verify its institutional eligibility
claims;
c. Will promptly notify the
council within 30 days following any change in governance or mission that may
affect the institution's status as an eligible institution; and
d. By its governing body,
has authorized its adherence to the requirements of this chapter, as the same
are now constituted or hereafter amended, until such time as the institution
may withdraw from participation in the program.
Applications
must be approved and all documents must be on file before any funds are
disbursed.
8VAC40-150-30. Eligibility criteria for an initial award.
In order to
receive an award, the student must:
1. Be a domiciliary resident
of Virginia;
2. Be a first-time entering
freshman no earlier than fall 2007;
3. Have received an associate's
degree at a Virginia two-year public institution of higher education;
4. Have a cumulative grade
point average of at least 3.0 on a 4.0 scale upon completion of the associate's
degree program;
5. Have enrolled into a
participating institution by the fall term following completion of the
associate's degree;
6. Be enrolled for full-time
study in an approved course of study;
7. Have applied for
financial aid by completing the FAFSA by the institution's published deadline;
8. Demonstrate financial need;
and
9. Have complied with
federal selective service registration requirements, unless the following
apply:
a. The requirement to
register has terminated or become inapplicable; and
b. The student shows by
preponderance of the evidence that failure to register was not a knowing and
willful failure to register and that the student complies with federal
selective service registration requirements prior to disbursement of funds.
8VAC40-150-40. Amount of awards.
Awards are
subject to the following limitations:
1. Standard awards are set
at a maximum of $1,000 per award year, which is allocated at $500 per term for
up to two terms per award year. For institutions not on a semester-based
calendar, council staff will determine an equivalent award per term.
2. An additional $1,000 per
year is available to students enrolled into an eligible science, teaching,
engineering, mathematics, or nursing degree (STEMN) program, which is allocated
at $500 per term for up to two terms per award year. For institutions not on a
semester-based calendar, council staff will determine an equivalent award per
term.
3. If the general
appropriation is insufficient to provide a full award to all eligible students,
then the awards for all students shall be reduced proportionately.
4. Degree programs eligible
for the additional amount will be identified in the council's guidance
document: CTG Addendum – Eligible STEMN Degree Programs.
5. Eligibility for the
additional STEMN award must be checked prior to each disbursement of funds.
6. An award received by a
student under the program is applied to the student's tuition and fees and
cannot be prorated or reduced by the institution except in cases when the
award, when combined with all other financial assistance (exclusive of the student's
EFC), exceeds the student's cost of attendance.
7. CTG recipients must have
their state need-based financial aid eligibility reduced by the amount of the
CTG award. For purposes of recalculating eligibility for the Commonwealth Award
or Virginia Guaranteed Assistance Program (VGAP) grant, the student's tuition
and fees are reduced by the amount of the CTG award. These adjusted tuition and
fees are then used to recalculate the CTG recipient's cost of attendance used
to determine the student's eligibility for the Commonwealth Award or VGAP. In
no case should a student's CTG and Commonwealth Award combine to exceed tuition
and fees or the CTG and VGAP combine to exceed tuition, fees, and a book
allowance.
8VAC40-150-50. Refund of awards.
A student who
receives an award and who, during a term, withdraws from the institution that
made the award must surrender the balance of the award. The tuition refund
policy in effect at the institution will determine the amount that must be
reclaimed by the institution.
8VAC40-150-60. Summer session awards.
Institutions
may elect to award during trailing summer sessions as long as the student does
not exceed the maximum annual award amount specified in 8VAC40-150-40.
8VAC40-150-70. Renewability of awards.
Awards may be
renewed for a maximum of two award years. Students shall be limited to a total
period of no more than three award years or 70 attempted credit hours.
Awards may be renewed provided that the student continues to be enrolled
full-time in an approved course of study, maintains domicile in Virginia per §
23-7.4 of the Code of Virginia and annually:
1. Applies for financial aid
by completing the FAFSA by the institution's published deadline;
2. Demonstrates continued
financial need;
3. Maintains a grade point
average of at least 3.0 on a 4.0 scale; and
4. Maintains satisfactory
academic progress.
Students
transferring from one participating institution to another shall be considered
renewal students if they received an award during the prior year provided they
met renewal criteria.
Students who
do not initially receive an award may be considered for renewal awards provided
that they meet initial eligibility criteria and continue to meet renewal
criteria.
Once a
student loses his classification as CTG-eligible, the student cannot
reestablish such eligibility.
8VAC40-150-80. Use of funds.
A student may
receive funds through one institution only. If a student is enrolled
concurrently at two participating institutions and there is a formal consortium
agreement in place, the student may receive funding based on the combined
enrollment.
8VAC40-150-90. Responsibility of the council.
The council
shall collect such student-specific information as is necessary for the
operation of the program and other information deemed necessary by the council.
8VAC40-150-100. Responsibility of participating institutions.
A.
Virginia public two-year colleges shall verify that the student meets the
program's academic portion of the initial eligibility criteria, which includes:
1. Initial enrollment as a
first-time entering freshman no earlier than fall 2007;
2. Receipt of an associate's
degree; and
3. Cumulative grade point
average of at least a 3.0 on a 4.0 scale upon completion of an associate's
degree program.
B.
Participating institutions shall:
1. Verify students meeting
initial and renewal eligibility criteria not otherwise verified by the two-year
college;
2. Provide reports by term
to the council indicating the number of eligible students enrolled;
3. Provide annual reports to
the council that will include, but not be limited to, information describing
the students served, the awards received, and the number and value of awards;
4. Upon request by a student
transferring to another participating institution, forward information about
the student's CTG eligibility;
5. Establish and maintain
financial records that accurately reflect all program transactions as they
occur. The institution shall establish and maintain general ledger control
accounts and related subsidiary accounts that identify each program transaction
and separate those transactions from all other institutional financial
activity; and
6. Ensure that all unused
funds are returned to the council no later than the end of the fiscal year or 20
working days after receiving written request from the council, whichever is
sooner.
VA.R. Doc. No. R09-2031;
Filed July 28, 2009, 10:10 a.m.