ARC 7854C

ARC 7854C

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

Proposing rulemaking related to skilled workforce shortage tuition grants

and providing an opportunity for public comment

The College Student Aid Commission hereby proposes to rescind Chapter 23, "Skilled Workforce Shortage Tuition Grant Program," Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 256.178.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 256.227.

Purpose and Summary

The proposed rulemaking rescinds and adopts a new Chapter 23 related to the Skilled Workforce Shortage Tuition Grant. The existing chapter is proposed to be rescinded and a new chapter promulgated in lieu thereof under Executive Order 10 (January 10, 2023) to ensure that outdated and obsolete provisions are eliminated. A Regulatory Analysis, including the proposed text of Chapter 23, was published on January 10, 2024. A public hearing was held on January 31, 2024. No public comments on the Regulatory Analysis were received at the public hearing or in writing.

The Administrative Rules Coordinator provided preclearance for the publication of this Notice of Intended Action on March 1, 2024.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Commission no later than 4:30 p.m.on May 7, 2024. Comments should be directed to:

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

Item 1. Rescind 283—Chapter 23 and adopt the following new chapter in lieu thereof:

CHAPTER 23

SKILLED WORKFORCE SHORTAGE TUITION GRANT PROGRAM

283—23.1(256) Basis of aid. Assistance available under the Iowa skilled workforce shortage tuition grant program is tuition-restricted and is also based on the financial metric and financial need of Iowa residents enrolled in eligible programs of study at Iowa community colleges.

283—23.2(256) Definitions.

"Financial metric" means the same as defined in rule 283—10.2(256).

"Financial need" means the same as defined in rule 283—10.2(256).

"Full-time" means the same as defined in rule 283—10.2(256).

"Iowa resident" means the same as defined in rule 283—10.2(256).

"Part-time" means the same as defined in rule 283—10.2(256).

"Program of study" means the same as defined in rule 283—10.2(256).

"Satisfactory academic progress" means the same as defined in rule 283—10.2(256).

283—23.3(256) Eligible applicant. An eligible applicant is an Iowa resident who is enrolled at least part-time in a program of study that is classified as a career and technical education program by the Iowa department of education and aligns with a high-demand job identified by the department of workforce development or an Iowa community college as specified in rule 283—23.5(256); meets the award eligibility criteria; and meets the following provisions:

1.Completes the applications the commission deems necessary on or before the date established by the commission.

2.Establishes financial need, has an eligible financial metric, meets satisfactory academic progress standards, and does not meet a condition in 283—subrule 10.3(1).

283—23.4(256) Awarding of funds.

23.4(1) Selection criteria. All eligible applicants will be considered for an award.

23.4(2) Extent of award and maximum award. Eligible applicants may receive no more than the equivalent of four full-time awards. If the program of study cannot be completed by the eligible applicant within the extent of the award, the eligible applicant can qualify for the equivalent of one additional full-time award. These limits reset after two years of no postsecondary enrollment, pursuant to Iowa Code section 256.227(5)"b."

a. The maximum award for full-time students will not exceed the student's financial need and will not exceed one-half of the average community college tuition and fee rate.

b. The award is calculated in conjunction with the federal Pell Grant and the Iowa vocational-technical tuition grant, with the goal of providing awards to as many eligible applicants as possible.

c. When awarded in combination with other tuition-restricted funds, the total amount of tuition-restricted funding including a skilled workforce shortage tuition grant cannot exceed the total tuition and mandatory fees charged to the recipient.

d. A part-time student will receive a prorated award, as defined by the commission, which is calculated by dividing the number of hours for which the student is enrolled by the required number of hours for full-time enrollment and multiplying the quotient by the maximum award.

23.4(3) Awarding process.

a. The commission will provide notice of the eligibility criteria and maximum award to participating Iowa community colleges annually to authorize awarding.

b. The commission will designate eligible applicants for awards and provide Iowa community colleges with rosters of designated eligible applicants.

c. Iowa community colleges will notify recipients of the awards, clearly indicating the award amount and the state program from which funding is being provided and stating that the award is contingent on the availability of state funds.

d. Iowa community colleges will apply awards directly to student accounts to cover tuition and mandatory fees.

e. Iowa community colleges will provide information about eligible applicants to the commission in a format specified by the commission. Iowa community colleges will make necessary changes to awards due to a change in enrollment, program of study, and financial situation and promptly report those changes to the commission.

f. Iowa community colleges are responsible for completing necessary verification and for coordinating other aid to ensure compliance with student eligibility requirements and allowable award amounts. Iowa community colleges will report changes in student eligibility to the commission.

g. The commission will periodically investigate and review compliance of Iowa community colleges participating in this program with the criteria established in Iowa Code section 256.227 and this rule.

283—23.5(256) Determination of programs of study aligned with high-demand jobs.

23.5(1) Statewide high-demand jobs. The commission will utilize the department of workforce development's most recent list of statewide high-demand jobs pursuant to Iowa Code section 84A.1B(14) and align those jobs to eligible programs of study. Programs aligned with new statewide high-demand jobs will be added to the list of eligible programs to the extent that funding allows. After consideration of additional programs under subrule 23.5(2), and to the extent that funding allows, the commission will utilize the department of workforce development's most recent list of high-demand occupations that meet the growth thresholds in Iowa Code section 84A.1B(14) but do not meet the wage threshold and will align those jobs to eligible programs of study.

23.5(2) Regional high-demand jobs. The commission will request submissions of regional high-demand jobs that align with eligible programs of study if funding allows. The Iowa community college must conduct a regional skills gap analysis and provide the corresponding documentation to the commission.

23.5(3) Eligible programs of study. All programs of study that are identified as career and technical education programs by the Iowa department of education will be considered. The classification of instructional program code and the standard occupation code will be used to align eligible programs of study to high-demand jobs.

23.5(4) Grandfather clause. If a high-demand job is removed from eligibility, students who received an award based on their enrollment in a program of study aligned with the removed high-demand job in the previous year can continue to qualify for the award if they remain enrolled in the same program of study and continuously enroll each consecutive fall and spring semester, or the equivalent.

These rules are intended to implement Iowa Code chapter 256.