ARC 8169C - Iowa Administrative Rules

Notice of Intended Action

Iowa tuition grant program, ch 12

Untitled document

ARC 8169C

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

Proposing rulemaking related to Iowa tuition grant program
and providing an opportunity for public comment

The College Student Aid Commission hereby proposes to rescind Chapter 12, “Iowa 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 sections 256.178 and 256.189.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 256.183 through 256.190.

Purpose and Summary

The proposed rulemaking rescinds and adopts a new Chapter 12 for the Iowa Tuition Grant Program. The existing chapter is proposed to be rescinded and a new chapter promulgated in lieu thereof under Executive Order 10 to ensure that outdated and obsolete provisions are eliminated.

The Administrative Rules Coordinator provided preclearance for the publication of this Notice of Intended Action on May 23, 2024.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on April 3, 2024. A public hearing was held on the following date(s):

●April 24, 2024

No public comments on the Regulatory Analysis were received at the public hearing or in writing.

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 August 27, 2024. Comments should be directed to:

David Ford
Department of Education, Bureau of Iowa College Aid
Grimes State Office Building
400 East 14th Street
Des Moines, Iowa 50319
Phone: 515.901.9924
Fax: 515.242.5988
Email: david.ford@iowa.gov or administrative rules website at rules.iowa.gov

Public Hearing

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

August 27, 2024 4 to 4:30 p.m.	ICN Room Grimes State Office Building Des Moines, Iowa
August 28, 2024 9 to 9:30 a.m.	State Board Room Grimes State Office Building Des Moines, Iowa

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 12 and adopt the following new chapter in lieu thereof:

CHAPTER 12

IOWA TUITION GRANT PROGRAM

283—12.1(256) Basis of aid. Assistance available under the Iowa tuition grant program is tuition-restricted and is also based on the financial metric and financial need of Iowa residents enrolled at an accredited private institution.

283—12.2(256) Definitions.

“Accredited private institution” means a not-for-profit private institution that meets the criteria in Iowa Code section 256.183 and rule 283—12.5(256).

“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).

“Located in Iowa” means a college or university is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools, has made a substantial investment in a permanent Iowa campus and staff, and offers a full range of courses leading to the degrees offered by the institution as well as a full range of student services.

“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—12.3(256) Eligible applicant. An eligible applicant is an Iowa resident enrolled at least part-time in a program of study at an accredited private institution and who meets the award eligibility criteria and the following provisions:

12.3(1) Completes the applications the commission deems necessary on or before the date established by the commission.

12.3(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—12.4(256) Awarding of funds.

12.4(1) Selection criteria. All eligible applicants will be considered for an award.

12.4(2) Maximum award and extent of award. Eligible applicants may receive no more than the equivalent of eight full-time awards.

a.The maximum award for full-time students will not exceed the student’s financial need and will be the lesser of:

(1)The difference between the tuition and mandatory fees charged by the accredited private institution less the average undergraduate tuition and fees charged by the state universities under the Iowa board of regents;

(2)The average undergraduate tuition and fees charged by the state universities under the Iowa board of regents; and

(3)The amount established by the commission that allows all eligible applicants to receive an award.

b.When awarded in combination with other tuition-restricted funds, the total amount of tuition-restricted funding, including an Iowa tuition grant, cannot exceed the total tuition and mandatory fees charged to the recipient.

c.A part-time student will receive a prorated award, as defined by the commission, that 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.

d.Awards will be provided during the fall and spring semesters of enrollment, or the equivalent. Awards may be provided during the summer semester to the extent that funding allows. Eligible applicants who are enrolled in commission-approved accelerated programs that incorporate summer attendance may receive summer Iowa tuition grants if the eligible applicant meets the accelerated progression thresholds established by the commission without exhausting grant eligibility prior to degree completion. Accelerated programs must allow students to complete four-year baccalaureate programs in less than the normal prescribed time frame while taking the same courses as students completing the same degree during a traditional four-year period.

12.4(3) Awarding process.

a.The commission will provide notice of the eligibility criteria and maximum award to participating accredited private institutions annually to authorize awarding.

b.The commission will designate eligible applicants for awards and provide accredited private institutions with rosters of designated eligible applicants.

c.Accredited private institutions 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.Accredited private institutions will apply awards directly to student accounts to cover tuition and mandatory fees.

e.Accredited private institutions will provide information about eligible applicants to the commission in a format specified by the commission. Accredited private institutions will make necessary changes to awards due to a change in enrollment or financial situation and promptly report those changes to the commission.

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

283—12.5(256) Accredited private institution eligibility.

12.5(1) Application. An accredited private institution that is located in Iowa may request participation in the Iowa tuition grant program using the commission’s designated application. The institution will meet the eligibility criteria in Iowa Code section 256.183 at the time the application is submitted.

12.5(2) Deadline to apply. An accredited private institution seeking to participate in the Iowa tuition grant program will submit an application on or before October 1 of the year prior to the beginning of the academic year for which the accredited institution is applying for participation.

12.5(3) Ongoing eligibility. An accredited private institution that is participating in the Iowa tuition grant program will immediately notify the commission if its higher learning commission accreditation or 501(c)(3) status is lost, or if the accredited private institution will fail to meet the necessary institutional match. Failure to meet any provision in Iowa Code sections 256.183 through 256.190 or this rule may result in the immediate cessation of the institution’s participation in the Iowa tuition grant and in the institution returning Iowa tuition grant funds to the commission.

12.5(4) Compliance audits. The commission will periodically investigate and review compliance of accredited private institutions participating in this program with the criteria established in Iowa Code sections 256.183 through 256.190 and this rule.

These rules are intended to implement Iowa Code chapter 256.