Mo. Code Regs. tit. 6 § 10-2.210

Current through Register Vol. 49, No. 23, December 2, 2024

Section 6 CSR 10-2.210 - Fast Track Workforce Incentive Grant

PURPOSE: This rule sets forth the policies of the Coordinating Board for Higher Education regarding student and institutional participation in the Fast Track Workforce Incentive Grant.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions.

(A) Academic year shall be twenty-four (24) semester or trimester credit hours, thirty-six (36) quarter credit hours, or nine hundred (900) clock hours, and at least thirty (30) weeks of instructional time for a credit-hour program or at least twenty-six (26) weeks of instructional time for a clock-hour program.

(B) Active apprentice status shall mean formal participation in an apprenticeship that meets any related requirements as defined by the organization providing the apprenticeship or the United States Department of Labor.

(C) At least half-time student shall mean a student who, regardless of the course delivery method, is enrolled in an eligible program at an approved institution in at least six (6) semester hours, four (4) quarter hours, twelve (12) scheduled clock hours per week, or the equivalent in another measurement system for the fall and spring terms or at least three (3) semester hours, two (2) quarter hours, twelve (12) scheduled clock hours per week, or the equivalent in another measurement system for the summer term. Any student enrolled in a program consisting of less than three hundred (300) clock hours and that is identified by the approved institution as noncredit, and any eligible apprentice participating in an eligible apprenticeship, shall be considered as meeting this definition.

(D) Applicant means a student or apprentice who filed a complete and accurate application to receive a Fast Track Workforce Incentive Grant award as prescribed by the Coordinating Board for Higher Education (CBHE) and who qualifies to receive such award under section 173.2553, RSMo, and this rule.

(E) Approved institution means any institution located in the state of Missouri that meets the requirements set forth in sections 173.1102(2), (3), or (4), RSMo, that is approved under 6 CSR 10-2.140, and that is approved to participate in the federal student financial assistance programs created in Title IV of the Higher Education Act of 1965, as amended.

(F) Award year shall be from July 1 of any year through June 30 of the following year.

(G) Board shall mean the CBHE created by section 173.005, RSMo.

(H) Credit hour shall mean an amount of student work defined by an institution, as approved by the institution's accrediting agency or state approval agency that is consistent with commonly accepted practice in postsecondary education and that meets the requirements in 34 CFR 600.2.

(I) Clock hour shall mean a period of time that meets the requirements in 34 CFR 600.2.

(J) Department shall mean the Department of Higher Education and Workforce Development created by section 173.005, RSMo.

(K) Eligible apprentice shall mean an individual who meets the eligibility requirements in section (3) of this rule and is participating in an eligible apprenticeship.

(L) Eligible apprenticeship shall mean a United States Department of Labor-approved apprenticeship, as defined under 29 CFR 29, conducted within the state of Missouri that prepares a participant to enter employment in an area of occupational shortage as determined by the board.

(M) Eligible program shall mean a program of instruction that results in the award of a certificate, undergraduate degree, or other industry-recognized credential and that is designated by the board as preparing students to enter an area of occupational shortage as determined by the board.

(N) Eligible student shall mean an individual who meets the eligibility requirements in section (3) of this rule and is enrolled or plans to enroll at least half-time as a student in an eligible undergraduate program of study offered by an approved institution or eligible training provider.

(O) Eligible training provider shall mean a training organization or an apprenticeship employer located in Missouri and listed in the state of Missouri's Eligible Training Provider System maintained by the Office of Workforce Development in the department.

(P) Expenses mean any direct or indirect charges including but not limited to tuition, fees, books, supplies, and room and board, for educational-related expenses up to the cost of attendance.

(Q) Full-time employment shall mean full-time employment as defined by the employer or thirty (30) hours within a fixed and regularly recurring seven- (7-) day period, whichever is greater.

(R) Governmental sources of funding shall mean federal, state, and any other governmental grant or scholarship aid excluding federal work-study and aid classified as a loan and any other aid that can be converted to a loan.

(S) Income shall mean the amount identified as the federal family Adjusted Gross Income on the most recent Missouri 1040 tax return, the most recent federal 1040 tax return for active duty members of the military or their spouses, or other tax documentation the department determines is acceptable to document the federal family Adjusted Gross Income.

(T) Initial recipient shall mean a student who is an eligible student, or eligible apprentice as defined in section 173.2553.2(3), RSMo, and has not received a Fast Track award in any prior award year.

(U) Instructional hour shall mean an amount of student or apprentice classroom work that does not meet the federal credit or clock hour definitions in 34 CFR 600.2 and that is defined by an institution.

(V) Participating provider shall mean an approved institution or eligible training provider that has a complete Fast Track participation agreement on file with the department.

(W) Payment period means a subset of the academic year or award year for which a recipient can receive a Fast Track grant. For federal Title IV-eligible programs, Fast Track payment periods shall meet federal payment period standards. For non-Title IV-eligible programs, Fast Track payment periods shall be-

1. For credit programs greater than an academic year in length where the remainder of the final year of the program is greater than one-half (1/2) of an academic year, each full academic year shall consist of two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the academic year. The remainder of the credit or clock hours in the program shall be divided equally into two (2) payment periods. If the division of the remainder of credit or clock hours in the program is unequal, the first of the two (2) payment periods shall be the larger;

2. For credit programs greater than an academic year, where the remainder of the final year of the program is less than one-half (1/2) of an academic year, each full academic year shall consist of two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the academic year. The remainder of the credit or clock hours in the program shall be included in a single, final payment period;

3. For non-credit programs one (1) academic year in length, there shall be two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the program. If the division of the credit or clock hours in the program is unequal, the first of the two (2) payment periods shall be larger;

4. For non-credit programs that are four hundred and fifty (450) clock hours or twelve (12) credit hours in length and less than one (1) academic year in length, there shall be two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the program. If the division of the credit or clock hours in the program is unequal, the first of the two (2) payment periods shall be larger;

5. For non-credit programs less than four hundred fifty (450) clock hours or twelve (12) credit hours in length, there shall be a single payment period equaling all of the credit or clock hours in the program; and

6. For apprenticeship programs, awards for related educational costs will be provided based on documentation from the apprenticeship provider.

(X) Private two- (2-) year institution shall mean any non-pub-lic institution offering no program above the associate degree level.

(Y) Provider shall mean an approved institution or eligible training provider.

(Z) Qualifying employment shall mean full-time employment of a Missouri resident at a workplace located within the state of Missouri, or self-employment while a Missouri resident with at least fifty (50) percent of an individual's annual income coming from self-employment, either of which result in required returns of income in accordance with section 143.481, RSMo.

(AA) Recipient shall mean an eligible initial or renewal student or an eligible initial or renewal apprentice who received a Fast Track grant.

(BB) Related educational costs shall mean direct costs incurred by an individual as part of an eligible apprenticeship program, including but not limited to tools, books, and uniforms.

(CC) Renewal recipient shall mean a student who is an eligible student or eligible apprentice as defined in section 173.2553.2(3), RSMo, and received a Fast Track award in a prior award year.

(DD) Residency, for the purpose of this rule, shall be determined by reference to the standards set forth in 6 CSR 10-3.010, Determination of Student Residency.

(EE) Satisfactory academic progress shall be a cumulative grade-point average (CGPA) of at least two and one-half (2.5) on a four-point (4.0) scale, or the equivalent on another scale, and, with the exception of grade-point average, as otherwise determined by the approved institution's policies as applied to other students at the approved institution receiving assistance under Title IV financial aid programs included in the Higher Education Act of 1965. The calculation of CGPA shall be based on the approved institution's policies as applied to other students in similar circumstances. Students enrolled in programs that use a pass/fail grading system are not subject to the CGPA requirement but must still meet the institution's academic progress policy cited above. For programs for which a CGPA is not calculated or progress monitored, institutional polices relating to performance and/or completion shall be considered to meet this definition.

(FF) Training hour shall mean an amount of student or apprentice on-the-job training or other training that does not meet the definition of a credit hour, clock hour, or instructional hour.

(GG) Tuition and fees shall mean any charges to students classified as tuition, any institutional fees charged to all students, and program-specific fees charged to all students in that program, excluding any course-specific fees.

(2) Responsibilities of Providers.

(A) Before requesting disbursement for an initial or renewal recipient, verify-

1. The recipient has met the eligibility requirements listed in section (3) of this rule; and

2. Governmental sources of funding are applied correctly to tuition and fees as specified in subsection (5)(F) of this rule.

(B) Before requesting disbursement for a renewal student, approved institutions and eligible training providers must verify the student meets the definition of satisfactory academic progress.

(C) Verify each applicant's eligibility by transmitting the applicant's payment request to the department by 5 p.m. of the final business day of the second week of June. The verification must occur not more than ten (10) business days before the provider transmits the applicant's payment request to the department. Funds must be delivered not more than ten (10) business days after this verification or eligibility must be reconfirmed by the provider before delivery.

(D) Before the provider delivers the Fast Track grant funds to an applicant, the provider must require the applicant to provide affirmative proof that the applicant is a United States (U.S.) citizen or permanent resident of the U.S. in accordance with sections 173.2553.2(3)(a) and 173.2553.2(6)(b), RSMo. Applicants who are U.S. citizens or permanent residents of the U.S. need only provide this proof before the first time they receive an award and shall not be required to provide it before they receive subsequent awards. Applicants who are not U.S. citizens or permanent residents of the U.S. must present affirmative proof annually.

(E) When the provider receives the funds for the Fast Track awards made by the CBHE, the provider must-

1. Deliver the Fast Track grant funds to the award recipient in the amount determined by the CBHE using the provider's standard award delivery procedures. The recipient's award is sent to the provider to deliver to the recipient's account. The provider shall retain the portion of the Fast Track award that the recipient owes to that provider for expenses, and promptly give the recipient any remaining funds;

2. Return the recipient's award to the CBHE within thirty (30) days of learning the recipient is no longer eligible to receive an award, if this is determined prior to the delivery of funds to the recipient; and

3. Be responsible for the repayment of any funds sent to it by the CBHE within thirty (30) days of learning any of the following:

A. The provider delivered funds to an ineligible applicant if the award was based on erroneous, improper, or misleading information provided by the provider to the CBHE; or

B. The provider delivered the funds to a person other than the one to whom the CBHE has directed the funds be delivered; or

C. The award amount for the recipient exceeded the maximum amount for which the recipient was eligible.

(F) The CBHE may refuse to make Fast Track awards to applicants receiving training from providers that fail to make timely refunds to the CBHE as provided in this section.

(G) Approved institutions must comply with 6 CSR 10-2.140 Institutional Eligibility for Student Participation.

(3) Eligibility Policy.

(A) To qualify for a Fast Track award, an initial recipient, at the time of application and throughout the period during which the recipient receives the award, must meet the requirements set forth in sections 173.2553.2(3) and (6), RSMo.

(B) To qualify for a Fast Track award, a renewal student must -

1. Continue to meet the initial eligibility requirements; and

2. Meet the Satisfactory Academic Progress Policy as defined in this rule, except that, at the discretion of the participating institution, the CGPA requirement of the Satisfactory Academic Progress Policy may be waived for one (1) term.

(C) To qualify for a Fast Track award, a renewal apprentice must-

1. Continue to meet the initial eligibility requirements; and

2. Maintain active apprentice status.

(4) Application and Evaluation Policy.

(A) Students and apprentices shall apply annually for financial assistance under the Fast Track Workforce Incentive Grant program by completing and submitting the Fast Track application and all required documentation, including but not limited to income documentation.

(B) The department may require the student and the student's spouse to execute forms of consent authorizing the director of revenue to compare financial information submitted by the applicant with the Missouri individual income tax returns of the applicant and the applicant's spouse for the taxable year immediately preceding the year for which application is made, and to report any discrepancies to the department.

(5) Award Policy.

(A) Fast Track awards for eligible students shall be made by payment period. With the exception of the first payment period of an award year, the current payment period must be completed before funds can be requested for the next payment period.

(B) Fast Track awards for eligible apprentices shall be made in one (1) or more lump sum requests for costs incurred in each award year.

1. Subject to department approval, subsequent requests in an award year may, in special circumstances, include costs previously covered, such as replacements for stolen or damaged items.

2. The apprenticeship provider must submit documentation supporting the reason for and amount of the subsequent request.

(C) To receive an award, an initial or renewal recipient must submit all required documentation to the department.

(D) Eligibility for the Fast Track Workforce Incentive Grant expires at the earliest of the following, except a student or apprentice who is eligible at the beginning of a payment period may receive the Fast Track award for the full payment period in which the expiration criterion is met:

1. Receipt of the grant for four (4) full-time semesters. For purposes of Fast Track eligibility, four (4) semesters means sixty (60) semester credit hours, ninety (90) quarter credit hours, or one thousand eight hundred (1,800) clock hours for an eligible student, or up to forty-eight (48) months for an eligible apprentice. An eligible student's remaining eligibility will be calculated as a percent by dividing the number of hours for which a recipient receives a Fast Track payment by the respective maximum number of hours in that measurement system. Once that calculation results in a percentage of one hundred (100) or more, the individual's eligibility has expired;

2. Receipt of a bachelor's degree; or

3. For an eligible student, reaching two hundred percent (200%) of the academic time, measured in the time typically required to complete the program of study in which the student is currently enrolled as included in an official publication of the institution.

(E) For eligible students, for each payment period, the amount of the Fast Track award must be calculated based on the remaining costs of actual tuition and fees after any other governmental sources of funding are applied. When the calculation results in a zero (0) award the amount of the award shall be the lesser of the remaining cost of attendance as calculated by the institution after all non-loan student aid has been applied or five hundred dollars ($500). The five hundred dollar ($500) award, when applicable, will be made regardless of whether the student is enrolled full- or part-time.

(F) For eligible apprentices, the award is equal to the related educational costs incurred in the award year for which the apprentice applied after all other governmental sources of funding are applied and may include costs for testing incurred between the beginning and ending dates of an eligible apprenticeship, regardless of when the testing occurs.

(G) Apprenticeship providers must maintain documentation supporting the amount of each related educational charge and provide that documentation to the department upon request.

(H) Fast Track awards shall not include costs for continuing education units.

(I) For eligible apprentices, awards for the award year in which the apprenticeship ends may be requested within thirty (30) days of the apprenticeship end date if the request is to be made no later than two (2) weeks before the June 30 end of the state fiscal year.

(J) The timing of application and payments that cross over award years shall be dependent on the beginning and ending dates of the payment period or apprenticeship.

1. For payment periods or apprenticeships that begin on or after June 15 of one award year and end on or after July 1 of the following award year, the eligible student or eligible apprentice must apply for, and the provider must request the funds, in that upcoming award year.

2. For payment periods or apprenticeships that begin before June 15 of one award year and end on or after July 1 of the following award year, the eligible student or eligible apprentice may apply for, and the provider must request the funds, in either the current or upcoming award year, provided that an application and request made in the current award year occurs no less than two (2) weeks before June 30.

3. For payment periods or apprenticeships that begin after July 1 and end on or before June 30, the eligible student or eligible apprentice must apply for, and the provider must request funds in, that award year, provided that the request occurs no less than two (2) weeks before June 30.

(K) If insufficient funds are available to pay all eligible applicants, renewal applicants shall be given priority until all funds are expended. If funds are insufficient to pay all renewal applicants or to pay all initial applicants after all renewal applicants are paid, individuals with the earliest Fast Track application submission date shall be given priority.

(L) Financial aid must be applied to tuition and general fees for eligible students or related educational costs for eligible apprentices in the following order:

1. All other available governmental sources of funding; and

2. The Fast Track award.

(M) To be eligible for a Fast Track award, the student or apprentice must apply for and accept all governmental sources of funding for which he or she is eligible at the institution in which he or she is enrolled or at the eligible training provider from which he or she is receiving training.

(N) Recipients shall remain eligible for an award when pursuing a subsequent credential or eligible apprenticeship. Recipients shall only receive an award for one (1) Fast Track eligible program or eligible apprenticeship at a time.

(O) A student who is denied a Fast Track award for lack of satisfactory academic progress may not receive another Fast Track award until the enrollment period after the applicable standard has once again been met.

(P) No Fast Track award will be made retroactive to a previous award year. A Fast Track award will be made retroactive to a previous payment period within the current award year only upon the sole discretion of the department.

(Q) A Fast Track award will be made only after certification of the student's eligibility and award components by an approved institution or eligible training provider.

(R) Failure of an eligible student or eligible apprentice to provide required information by an established deadline may result in loss of the Fast Track Workforce Incentive Grant for the period covered by the deadline.

(S) Renewal recipients enrolled or participating in programs that have not been renewed as eligible programs by the board shall continue to be eligible for the Fast Track Workforce Incentive Grant until they have completed the program or apprenticeship.

(T) An eligible student may transfer the Fast Track Workforce Incentive Grant from one (1) participating institution or eligible training provider to another, and an eligible apprentice may transfer the Fast Track Workforce Incentive Grant from one (1) eligible training provider to another, without losing eligibility for assistance, but the department shall make any necessary adjustments in the amount of the award.

(6) Information Sharing Policy.

(A) All information on an individual's Fast Track application will be shared with the financial aid office of the institution to which the individual has applied or is attending, to permit verification of data submitted. Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552 and 552a.

(7) The definitions of credit hour, clock hour, and instructional hour as stated in 34 CFR 600.2 are hereby incorporated by reference as if fully set forth herein as published by the U.S. Government Publishing Office, 732 North Capital Street NW, Washington DC 20401-0001, and available at https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600/subpart-A/section-600.2, on February 9, 2023. This rule does not incorporate any subsequent amendments or additions.

6 CSR 10-2.210

Adopted by Missouri Register May 15, 2020/Volume 45, Number 10, effective 6/30/2020

Adopted by Missouri Register July 3, 2023/Volume 48, Number 13, effective 8/31/2023