11 KAR 10:010. Paul Douglas Teacher Scholarship Program.

 

      RELATES TO: KRS 164.744(2), 164.748(7), (8), 34 C.F.R. Part 653

      STATUTORY AUTHORITY: KRS 164.748(4), 164.753(3), 34 C.F.R. Part 653, subparts C, D, E

      NECESSITY, FUNCTION, AND CONFORMITY: Pub.L. 98-558 established the Carl D. Perkins Scholarship Program, subsequently renamed the Congressional Teacher Scholarship Program and then renamed the Paul Douglas Teacher Scholarship Program, to encourage highly qualified students to become teachers in a public or private, nonprofit preschool, elementary or secondary school in any state. Pursuant to Section 523(b)(2) of the federal act (20 U.S.C. 1105b(b)(2)), the governor designated the authority as the agency to administer this program on behalf of the Commonwealth. 34 C.F.R. 653.32(a) authorizes the authority to establish selection criteria. 34 C.F.R. 653.20(b)(5) and 653.21 require the authority to limit the amount of awards, restrict eligibility for awards, and authorizes the authority to establish policies and procedures necessary to administer repayment. This administrative regulation prescribes rules for the administration of the Paul Douglas Teacher Scholarship Program. This amendment is necessary to conform to amendments to the federal Act enacted by Pub.L. 102-325.

 

      Section 1. Definitions. (1) "Academic year award" means the aggregate amount of scholarship assistance received for one (1) academic year (July 1 through June 30) represented by one or more recipient agreements or promissory notes.

      (2) "Academic year" means a period of time during which a full-time student is expected to complete the equivalent of one (1) of the following:

      (a) Two (2) semesters.

      (b) Two (2) trimesters.

      (c) Three (3) quarters.

      (3) The definition of "authority" is governed by KRS 164.740(1).

      (4) "Course of study" means a first undergraduate program of study at an institution of higher education, which leads to initial teacher certification at the preschool, elementary or secondary school level, but does not include graduate study unless it is required for initial teacher certification.

      (5) "Collection costs" mean the costs incurred by the authority or its agents, including the costs of long distance phone calls, certified mail, skiptracing, court costs, and attorney fees, necessary to recover past due payment from the scholar.

      (6) The definition of "federal act" is governed by KRS 164.740(9).

      (7) "Full-time student" means a student enrolled in an institution of higher education, other than a correspondence school, who is carrying a full-time academic workload as determined by the institution under standards applicable to all students enrolled in that student's program.

      (8) "Institution of higher education" means a public or private, nonprofit educational institution approved by the secretary under the federal act for participation in the Paul Douglas Teacher Scholarship program.

      (9) "Scholar" means a Paul Douglas Teacher Scholarship recipient.

      (10) The definition of "scholarship" is governed by KRS 164.740(18).

      (11) The definition of "secretary" is governed by KRS 164.740(20).

 

      Section 2. The authority shall, to the extent of funds available for such purpose, award Paul Douglas Teacher Scholarships to persons enrolled or accepted for enrollment as a full-time student in a course of study at an institution of higher education, who declare an intention to teach and who meet the eligibility requirements set forth in Section 3 of this administrative regulation and are selected pursuant to Section 4 of this administrative regulation.

 

      Section 3. Eligibility Criteria. In order to apply and be considered for a scholarship, an individual shall meet the following criteria:

      (1)(a) Be a U.S. citizen or national;

      (b) Provide evidence from the U.S. Immigration and Naturalization Service that he:

      1. Is a permanent resident of the United States; or

      2. Is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; or

      (c) Be a permanent resident of the Trust Territory of the Pacific Islands;

      (2) Be a legal resident of the Commonwealth of Kentucky, as determined in accordance with the Council on Higher Education's policy on classification for fee assessment purposes at 13 KAR 2:045;

      (3)(a) Have graduated or be scheduled to graduate from high school within three (3) months of the date of the award and rank in the top ten (10) percent of high school graduating class; or

      (b) Have received a certificate of high school equivalency for successfully completing the tests of General Educational Development (GED) with GED test scores equivalent to ranking in the top ten (10) percent of the high school graduates in Kentucky, or nationally, in the academic year for which the eligibility determination is being made

 

      Section 4. Selection Criteria. A panel (representative of parents, teachers, including preschool and special education, and school administrators) shall select recipients using the following criteria:

      (1) Special consideration in the selection of at least seventy-five (75) percent of the scholarship recipients shall be given to individuals who state on their application that they:

      (a) Intend to teach or provide related services to students with disabilities;

      (b) Intend to teach limited English proficient students;

      (c) Intend to teach preschool age children;

      (d) Intend to teach in schools servicing inner city or rural or geographically isolated areas (as defined by the U.S. Secretary of Education by regulations consistent with the purposes of this section);

      (e) Intend to teach in curricular areas or geographic areas where there are demonstrated shortages of qualified teachers; or

      (f) Are from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, and are underrepresented in the teaching profession or in the curricular areas in which they are preparing to teach.

      (2) Applicants given special consideration pursuant to subsection (1) of this section shall be ranked in descending order according to total points accumulated using the following criteria:

      (a) Cumulative high school grade point average (forty (40) points); and

      (b) American College Test composite standard score (thirty-six (36) points); and

      (c) As rated by a high school counselor, teacher, or principal:

      1. Level of communication skills (nine (9) points); and

      2. Ability to become an effective teacher (nine (9) points); and

      (d) An additional ten (10) points shall be given to those enrolling in college for the first time as a full-time student.

      (3) If funds remain, applicants who do not meet the special consideration criteria prescribed in subsection (1) of this section shall be ranked according to the selection criteria prescribed in subsection (2) of this section, and scholarships shall be offered until funds are exhausted. No more than twenty-five (25) percent of new awards will be made to eligible applicants who do not meet any of the special consideration criteria.

      (4) If funds are insufficient to award all applicants, the scholarships shall first be awarded to those qualifying for awards pursuant to Section 5 of this administrative regulation whose renewal applications are received by the authority by April 1 each year. The deadline for receipt of initial scholarship applications shall be April 15 each year. If two (2) or more applicants are equally ranked, selection between the applicants shall be made on the basis of the date the application is received by the authority.

 

      Section 5. Renewal. Additional academic year awards shall be made annually upon application by an eligible scholar for a maximum of three (3) years of undergraduate study. The criteria to maintain eligibility for renewal of scholarships is governed by 34 C.F.R. 653.41.

 

      Section 6. Award Maximums. The maximum academic year award shall be the lesser of $5,000 or the total cost of attendance as determined by the institution of higher education. The aggregate maximum shall not exceed $20,000.

 

      Section 7. Disbursements. Payment shall be made at the beginning of each term, and each disbursement shall be evidenced by an agreement or promissory note, required pursuant to Section 9 of this administrative regulation

 

      Section 8. Notifications. Scholars shall notify the authority within thirty (30) days of:

      (1) Change in enrollment status;

      (2) Cessation of enrollment in a course of study;

      (3) Obtaining full-time teaching employment or cessation of such employment;

      (4) Change in deferment status; or

      (5) Change of address.

 

      Section 9. Scholarship Agreement. The requirement and content of a scholarship agreement is governed by 34 C.F.R. 653.40, 52 Federal Register 45285, November 25, 1987, as amended at 55 Federal Register 35006, August 27, 1990.

 

      Section 10. Failure to Teach. The consequences of a scholar's failure to teach full-time in a public or private nonprofit preschool, elementary, or secondary school, or teach children with disabilities or limited English proficiency in a private nonprofit school, including the commencement and rate of repayment and the interest charges, are governed by 34 C.F.R. 653.42(a) through (f), 52 Federal Register 45285, November 25, 1987.

 

      Section 11. Repayment Schedule. Written notification of demand for repayment shall be sent by the authority to the scholar's last known address and shall be effective upon mailing. Repayment shall be made in monthly installments as may be necessary to repay all sums due within the time and in amounts required by the scholar's agreement. The authority may agree, in its sole discretion upon a showing of financial hardship by the scholar, to accept repayment in installments less than those required by the scholar's agreement in accordance with a schedule established by the authority. Payments shall first be applied to the earliest unpaid scholarship. Payments shall be applied first to accrued interest and then to principal.

 

      Section 12. Cancellation. The conditions for cancellation of repayment of scholarships are governed by 34 C.F.R. 653.42(k).

 

      Section 13. Records. A participating institution of higher education shall maintain complete and accurate records pertaining to the eligibility, enrollment and academic progress of scholars, the disbursement of funds and institutional charges as may be necessary to audit the disposition of funds hereunder. Such records shall be maintained for at least five (5) years after the scholar ceases to be enrolled at the institution.

 

      Section 14. Refunds. A participating institution of higher education shall refund to the authority, within forty (40) days of a scholar's last date of attendance, any amount attributable to this program which is determined to be due under the institution's refund policy.

 

      Section 15. Information Dissemination and Recruitment. The authority shall disseminate information through high school guidance offices about this program to potential recipients. Participating institutions of higher education shall provide assurances that program information will be disseminated to students enrolled at that institution. Students from low income, economically disadvantaged and minority population groups shall be actively recruited for participation in this program. (13 Ky.R. 1674; eff. 4-14-87; Am. 18 Ky.R. 3486; eff. 8-1-92; 20 Ky.R. 383; 741; eff. 10-7-93.)