Kan. Admin. Regs. § 88-9b-5

Current through Register Vol. 43, No. 49, December 5, 2024

Section 88-9b-5 - Postponement of or release from adult learner grant agreement requirements

(a) Any adult learner grant recipient may request that one or more requirements of the adult learner grant agreement be postponed during any period if the recipient meets any of the following conditions:

(1) is serving in volunteers in service to America (VISTA);

(2) is serving in the peace corps;

(3) has a service commitment to any branch of the United States armed services, United States military reserves or national guard of any state;

(4) has a service commitment to the United States public health service;

(5) is performing religious missionary work conducted by an organization exempt from tax under section 501(c) (3) of the federal internal revenue code;

(6) is determined by the board of regents to be unable to commence or continue performance in satisfaction of the obligation because of temporary medical disability;

(7) is on job-protected leave under the family and medical leave act of 1993 (FMLA);

(8) is unable to meet the requirement of the agreement due to good cause, as determined by the board of regents; or

(9) is enrolled and actively engaged on a full-time basis in a graduate program leading to a degree which is higher than that formerly attained.

(b) Except for paragraphs (a)(6), (a)(7), and (a)(8), a recipient's obligation under the adult learner grant agreement shall not be postponed more than five years from the time that performance of the obligation was to have commenced under the agreement. Each obligation under any adult learner grant agreement shall be postponed under paragraph (a)(6) during the period of time that the medical disability exists.

(c) For purposes of paragraph (a)(7), the recipient's obligation under the adult learner grant agreement shall not be postponed for more than the duration of the recipient's FMLA leave.

(d)

(1) For purposes of paragraph (a)(8), "good cause" shall include the following:

(A) Inability to secure employment in Kansas within six months of completing the adult learner grant eligible program or any postponement granted pursuant to subsection (a) after making the best possible effort to do so;

(B) inability to retain employment in Kansas for two consecutive years after completing the adult learner grant eligible program or any postponement granted under subsection (a) after making the best possible effort to do so;

(C) inability to reside in Kansas for the two consecutive years immediately succeeding completion of the adult learner grant eligible program or any postponement granted under subsection (a) after making the best possible effort to do so; and

(D) inability to meet any other requirement of the adult learner grant after making the best possible effort to do so.

(2) "The best possible effort" shall be determined by the board of regents' director of student financial assistance in consultation with the board of regents' chief executive officer, upon the adult learner grant recipient's submission of a request supported by documentation, which may include any of the following as relevant:

(A) Written communications from employers confirming the recipient's applications for employment;

(B) a verifiable list of employers, with contact information, to whom the recipient has applied;

(C) records establishing the reason for the recipient's inability to reside in Kansas; or

(D) records establishing the reason for the recipient's inability to retain employment for two consecutive years.

(e)

(1) An adult learner grant recipient shall have met the requirements of the adult learner grant agreement and shall be released from repayment of the grant award if the recipient meets any of the following conditions:

(A) Successfully completes the requirements of the agreement;

(B) commences service as a military servicemember at any time after receiving an adult learner grant award;

(C) fails to meet the requirements of the agreement only after making the best possible effort to do so; or

(D) is unable to meet the requirements of the agreement due to disability or death of the recipient.

(2) "The best possible effort" shall be determined by the board of regents' director of student financial assistance in consultation with the board of regents' chief executive officer, upon the scholarship recipient's submission of documentation, which may include any of the following as relevant:

(A) Written communications from employers confirming the recipient's applications for employment;

(B) a verifiable list of employers, with contact information, with which the recipient has applied;

(C) records establishing the reason for inability to reside in Kansas; or

(D) a signed statement from an appropriate administrator of the adult learner grant eligible institution explaining the circumstances of the adult learner grant recipient's inability to graduate from the adult learner grant eligible program.

(f) Each adult learner grant award recipient who wants to postpone or be released from any obligation of the recipient's adult learner grant agreement shall submit to the board of regents a written request for postponement or release on a form provided by the board.

(g) Each request for postponement or release shall be made by submiting a completed postponement or release form to the board of regents. Each request for postponement or release shall be mailed or electronically mailed to the address indicated, with an attention subject line of "Kansas adult learner grant repayment." The request shall include the recipient's full legal name, the adult learner grant eligible institution from which the recipient received the adult learner grant, and the recipient's dates of attendance at that institution.

(h) If an adult learner grant recipient requests a postponement under subsection (a) that would correspond with the recipient's absence from an adult learner grant eligible institution, the board of regents shall coordinate with the institution in determining whether to grant the request and the duration of any approved absence. The final decision on the request lies with the board of regents.

Kan. Admin. Regs. § 88-9b-5

Authorized by K.S.A. 2023 Supp. 74-32,282; implementing K.S.A. 2023 Supp. 74-32,282 and K.S.A. 2023 Supp. 74-32,286; adopted by Kansas Register Volume 43, No. 14; effective 4/19/2024.