RELATES TO: KRS 164.744(2), 164.753(4), 164.7535, 164.7889(3)
STATUTORY AUTHORITY: KRS 164.748(4), 164.753(4), 164.7889(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.748(4) requires the authority to promulgate administrative regulations pertaining to the awarding of grants, scholarships, and honorary scholarships as provided in KRS 164.740 to 164.7891. KRS 164.753(4) requires the authority to promulgate administrative regulations pertaining to grants. KRS 164.7889(3) requires the authority to promulgate an administrative regulation that increases both the maximum amount available under the grant programs, and increases the average income level for qualification for the grant programs if sufficient funds are available. This administrative regulation prescribes the award determination procedures for the CAP Grant Program.
Section 1. Each application submitted pursuant to 11 KAR 4:080 and 11 KAR 5:130 shall be reviewed for determination that all eligibility requirements established in 11 KAR 5:034 are met. To qualify for a CAP award based on financial need, the applicant's expected family contribution shall be $5,198 or less.
Section 2. CAP Grant Award. (1) Except as provided in subsection (2) of this section, the maximum CAP grant in any semester for an applicant accepted for enrollment on a full-time basis as determined by the educational institution in an eligible program shall be the lesser of:
(a) $950; or
(b) The amount of eligibility the student has remaining within the aggregate KHEAA grant limit.
(2) The maximum CAP grant in any semester for an applicant accepted for enrollment on less than a full-time basis as determined by the educational institution in an eligible program shall be:
(a) The amount specified in subsection (1)(a) of this section:
1. Divided by twelve (12); and
2. Multiplied by the number of credit hours in which the applicant is accepted for enrollment; and
(b) Not in excess of the maximum specified in subsection (1)(b) of this section.
(3) For any academic year, a student shall not receive more than $1,900 for an aggregate CAP grant award.
Section 3. (1) A KHEAA grant awarded to an incarcerated individual shall be considered an overaward to the extent that the KHEAA grant, in combination with financial assistance received from other sources, exceeds the student's actual cost for tuition, fees, and books.
(2) A KHEAA grant award shall not be made for a summer academic term.
Section 4. (1) A KHEAA grant award shall not exceed the applicant's cost of education less expected family contribution and other anticipated student financial assistance.
(2) The authority shall reduce or revoke a KHEAA grant upon receipt of documentation that financial assistance from other sources in combination with the KHEAA grant exceeds the determination of financial need for that student.
(3) The KHEAA Grant Program Officer (KGPO) and the grant recipient shall make every reasonable effort to provide the authority the information needed to prevent an overaward.
(4) If the applicant’s expected family contribution, disbursed KHEAA grant amount, plus other student financial assistance exceeds his need, the excess shall be considered to be an overaward. If an overaward occurs, this amount shall be returned to the authority immediately.
Section 5. (1) If the authority receives revised data that, upon recomputation, results in the student becoming ineligible for a KHEAA grant that has already been offered, but not disbursed, the grant shall be revoked.
(2) If the student is determined to be ineligible after the KHEAA grant has been disbursed, the student shall repay to the authority the entire amount of the KHEAA grant.
Section 6. If the educational institution receives revised data that, upon recomputation, necessitates reduction of the KHEAA grant, and:
(1) If the grant has not yet been disbursed for the fall academic term, the reduction shall be made to both the fall and spring disbursements, and the educational institution shall notify the student of the reduction;
(2) If the grant for the fall academic term has already been disbursed and the student enrolls for the spring academic term, the reduction shall be made to the spring disbursement, and the educational institution shall notify the student of the reduction;
(3) If the grant for the fall academic term has already been disbursed and the student does not enroll for the spring academic term, the educational institution shall notify the student of the fall overaward and the student shall repay the overaward to the authority; or
(4) If both the fall and spring disbursements have been made, the educational institution shall notify the student of the overaward and the student shall repay the overaward to the authority.
Section 7. (1) Students requested by the institution to provide verification of data for any financial assistance program shall provide the verification before receiving disbursement of a KHEAA grant.
(2) Any student who is awarded a KHEAA grant who fails to provide verification requested by the participating institution shall be deemed ineligible, and the grant shall be revoked.
LISA PAYNE, Chair
APPROVED BY AGENCY: February 26, 2015
FILED WITH LRC: March 11, 2015 at 9 a.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, April 21, 2015, at 10:00 a.m. Eastern Time at 100 Airport Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Ms. Diana L. Barber, General Counsel, Kentucky Higher Education Assistance Authority, P.O. Box 798, Frankfort, Kentucky 40602-0798, phone (502) 696-7298, fax (502) 696-7293. (18 Ky.R. 3547; eff. 8-1-1992; Am. 19 Ky.R. 1631; 2233; eff. 4-7-93; 21 Ky.R. 56; eff. 9-12-94; 26 Ky.R. 2277; 27 Ky.R. 469; eff. 8-14-2000; 3306; eff. 8-15-01; 29 Ky.R. 164; eff. 9-9-02; 30 Ky.R. 355; 834; eff. 10-31-03; 31 Ky.R. 577; 922; 11-8-04; 1694; eff. 6-13-05; 33 Ky.R. 178; 710; eff. 10-6-06; 34 Ky.R. 106; eff. 9-10-2007; 34 Ky.R. 2323, eff. 8-1-2008; 36 Ky.R. 123; eff. 10-12-2009; 37 Ky.R. 84; eff. 10-1-2010; 38 Ky.R. 1611; eff. 6-11-2012; 40 Ky.R. 76; eff. 9-9-13; 41 Ky.R. 2100; eff. 7-5-2015.)