Arkansas Administrative Code
Agency 008 - Department of Higher Education
Division 10 - Financial Aid Division
Rule 008.10.05-003 - Teacher Opportunity Program Rules and Regulations
Current through Register Vol. 49, No. 9, September, 2024
RULE 1 - ORGANIZATION AND STRUCTURE
RULE 2 - LOAN ELIGIBILITY CRITERIA
RULE 3 - APPLICATION PROCESS
Applications will be available for download from the Arkansas Department of Higher Education's website. Applications will also be mailed to individuals upon request.
Applications include personal information, as well as education and employment information. The Department of Higher Education will review all applications to ensure that all pertinent data are included and will notify the applicant of the status of the application. If the application is incomplete, ADHE will notify the applicant of this status, the information that is missing, and the deadline to submit the information. This deadline will be no less than two weeks from the date of the notification letter.
The application deadline will be set each year by the Department of Higher Education. All applications must be postmarked by the established deadline date. Applications received after the deadline date will not be considered for participation in the Teacher Opportunity Program. The Department may establish alternate deadlines for applicants based on the start date of each term.
The applicant must obtain verification from the president of the local board of directors of the school district where the applicant is employed, that:
The applicant must obtain verification from the teacher certifying official at the applicant's college or university verifying:
RULE 4 - AWARD PROCESS
RULE 5 - LOAN AMOUNT
The loan or loans made to one individual within one fiscal year may not exceed the aforementioned costs associated with six semester hours or the equivalent of six semester credit hours.
RULE 6 - LOAN DISBURSEMENT
Each term the institution will verify the enrollment of its students in the program to ADHE and will report this status, along with amount of the actual, eligible charges. ADHE will disburse its share of the matching funds to the institution, who will then disburse the funds to the student in accordance with the institution's disbursement procedures. ADHE will notify each school district of the amount due, the names of the recipients, and the institution to whom payment is to be made. Districts will disburse funds to the institutions within 10 working days of receipt of notification from ADHE.
For funding to students not in the Dual Certification Incentive Program the Teacher Opportunity Program is a reimbursement program.
A check made payable to the individual recipient is mailed to the student once he/she has successfully completed the funded course with a satisfactory grade and has provided the Arkansas Department of Higher Education with an original copy of the itemized paid receipt and grade report or transcript for the funded course.
RULE 7 - RECIPIENT RESPONSIBILITIES
It is the recipient's responsibility to notify the Arkansas Department of Higher Education, in writing, of any change in status within 21 days. This will include, but is not limited to:
Change of name;
Change in address;
Change in institution;
Change in coursework to be funded;
Change in enrollment status;
Change in employment; or
Change in certification status.
Failure to notify the Arkansas Department of Higher Education of a change in status may affect future eligibility or collection status.
RULE 8 - INSTITUTIONAL/SCHOOL DISTRICT RESPONSIBILITIES
The chief executive officer of the institution is responsible for appointing one representative from the financial aid office to receive all communications, forms, etc. This representative is responsible for program disbursement, completing all forms, enrollment data, and complying with all program rules and regulations. The institution must comply with the following responsibilities in order to maintain continued eligibility status.
The institution shall provide information to the Arkansas Department of Higher Education each semester after registration, providing the names of the Teacher Opportunity Program (TOP) recipients who are officially enrolled as of the 11th class day of enrollment. This information is reported on a verification roster. The Financial Aid Administrator or designated official is responsible for completing the verification roster each semester. The completed and signed TOP verification roster shall be returned to the Arkansas Department of Higher Education by the dates specified on the roster. The verification roster is an alphabetical listing by institution of all persons receiving a TOP award for a given academic term. Students who are not enrolled in the current term or do not meet the eligibility requirements shall not receive TOP funds for that term.
The institution shall maintain information on the student indicating the disbursement of Teacher Opportunity Program funds.
The administrator is responsible for designating a certifying official responsible for verifying enrollment and a disbursing official responsible for the disbursement of Teacher Opportunity Program funds.
All funds must be disbursed within 10 days of receipt of funds. Any outstanding funds not disbursed by these dates must be returned within 10 days to the Arkansas Department of Higher Education.
It is the institution's responsibility to notify the Arkansas Department of Higher Education with the name of the student who withdrew, the date of withdrawal, and the refund amount. This information shall be placed on the institution's verification roster before the roster is returned to the Arkansas Department of Higher Education. The institution shall be responsible for the refund amount and shall pay that amount to the Arkansas Department of Higher Education.
It is the responsibility of each institution to annually complete the Continuing Eligibility roster. This roster shall be mailed to all institutions that have TOP recipient(s) enrolled. The Continuing Eligibility roster shall be returned to the Arkansas Department of Higher Education by the date specified on the roster. The Financial Aid Administrator or designated official is responsible for completing the Continuing Eligibility roster. The Continuing Eligibility roster is an alphabetical listing by institution of all Teacher Opportunity Program award recipients attending that institution for the academic year immediately preceding receipt of the Continuing Eligibility roster. The certifying official must complete the roster by providing the number of hours completed for the previous academic year and the cumulative grade point average achieved for each student listed.
Due Diligence
The institution will exercise due diligence in providing complete, accurate, and timely information as requested by the Arkansas Department of Higher Education on any loan recipient. In addition, the institution will exercise due diligence in complying with all the rules and regulations of the Teacher Opportunity Loan Program. The Arkansas Department of Higher Education shall periodically review the institution's records concerning the Teacher Opportunity Program in an effort to exercise its due diligence requirements as a steward of State of Arkansas funds.
The president of each local school board that nominates a teacher to participate in the Dual Certification Incentive Program is responsible for appointing one representative from the school district office to receive all communications, forms, etc. relating to the Dual Certification Incentive Program. The district will disburse funds each term for each of its teachers participating in the Dual Certification Incentive Program within 10 working days of receipt of notification by ADHE of the amount due and the institution.
RULE 9 - REPAYMENT OF LOAN
ADHE will cancel a recipient's repayment obligations if it determines:
There shall be no penalty for prepayment or repayment of all or any portion of the principal and all interest accrued thereon.
Loan recipients required to repay their loan(s), and who fail to meet their repayment obligations, may have added to their total obligation any costs for collection of the debt and shall have their teaching license in Arkansas revoked by the State Board of Education. In addition, ADHE will notify the Arkansas Department of Education of the failure to repay. The Arkansas Department of Education may pursue appropriate action to suspend the loan recipients teaching license.
RULE 10 - COLLECTION OF LOAN
Accounts will be retained by ADHE in the Financial Aid Division until the individual is no longer eligible for forgiveness or deferment. The account will be turned over to a vendor for repayment. The student will be notified by mail that their account is being placed with a vendor for collections and they will be sent a loan amortization schedule along with the letter. The account will remain with the vendor until repaid or 120 days past due. Loan recipients who are determined by ADHE to be 120 days delinquent will be mailed their first letter of notification 10 days after the installment payment is due. The co-signer will be notified at the same time. If payment is not forthcoming within 60 days from the original payment due date, a second letter of notification will be sent to the loan recipient and the co-signer declaring their account is delinquent and requesting that the account be immediately brought up to date. If the loan recipient has not responded within 90 days from the original payment due date, the third and final letter of notification will be sent to the recipient and co-signer informing them that the account will officially be in default if outstanding payments are not made within 30 days. At this time the account will be turned over to a debt collection agency.
Forms for reporting defaulted loan recipients and/or co-signers are located in the collections file. ADHE will also promptly respond to any inquiries it receives from credit reporting agencies concerning delinquent or defaulted loan recipients and/or co-signers.
No sooner than 30 days after sending the third letter of notification, ADHE shall institute a civil suit against the recipient and co-signer for repayment of the loan. Small Claims Courts will be used to satisfy debts of accounts up to $5,000.00. If over $5,000. 01, ADHE must use Circuit Court. If the account is $5,000. 01 or above, ADHE may choose to use Small Claims Courts and waive the difference because of the expense involved in going to Circuit Court. If ADHE chooses to waive the difference, it cannot later try to collect the difference. Forms to take the recipient and/or co-signer to Small Claims Courts are requested from the recipient's and/or co-signer's county of residence.
Teacher Opportunity Program loans may be written off as uncollectible if ADHE shows due diligence to satisfy the collection of the debt, and documents in the recipient's file that:
Proof of due diligence collection activities must be submitted to the Administrator of the Department of Finance and Administration and approval from the Administrator must be received before TOP accounts may be written off.
RULE 11 - PROGRAM DEFINITIONS
The following definitions are used in the Teacher Opportunity Program (TOP):
Academic Year |
A measure of the academic work to be accomplished by the recipient. The academic year is defined as fall, spring, and summer semesters, in that order. |
Approved Institution |
An Arkansas postsecondary public or private college, university, or school that is currently accredited by a nationally recognized accrediting agency or association that has a teacher licensure program where those courses are directly creditable toward teacher licensure in a baccalaureate institution. The institution must not discriminate against applicants, or employees on the basis of race, color, religion, sex, age, handicap, or national origin, consistent with the provisions of applicable state and federal laws. |
Award Year |
The award year begins on July 1 of one calendar year, and extends to June 30 of the next calendar year. |
Cancellation |
ADHE shall cancel a recipient's repayment obligation if it determines: on the basis of a sworn affidavit of a licensed physician, that the recipient is unable to teach on a full-time basis because of an impairment that is expected to continue indefinitely or result in death. ADHE reserves the right to require a second opinion by an ADHE approved physician; or on the basis of a death certificate or other evidence of death, that is conclusive under State law, that the scholar has died. |
Default |
Failure to repay the Teacher Opportunity Program in accordance with the terms of the Promissory Note provided that this failure persists for 180 days for monthly payments. |
Deferment |
This is a period of suspension of repayments, during which interest does not accrue. ADHE shall not consider that the recipient has violated the repayment schedule if he or she does not meet the payments during the time he or she is in deferment status. |
Due Diligence |
A process of steps that ADHE takes to collect TOP funds when a recipient enters repayment status. It includes: billing the scholar, sending overdue notices, conducting address searches if the recipient cannot be located, reporting the account to credit bureaus, collection, and litigation. Due diligence also includes keeping the recipient informed of all changes in the TOP Program that affect his or her rights and responsibilities and responding promptly to the recipient's inquiries. |
Promissory Note |
The Promissory Note is a legal document obligating the recipient to repay the loan if he or she does not teach in a public school located in a geographical area of the state designated as having a critical shortage of teachers and/or in a subject matter designated as having a critical shortage of teachers one year for each year the student receives the TOP. The recipient's rights and responsibilities will be stated on the promissory note. |
Satisfactory Academic Progress |
To be maintaining satisfactory academic progress the recipient must maintain a minimum 2. 5 cumulative grade point average on a 4. 0 scale. Students must must be on track to complete the certification program within three (3) academic years. |
Skip Tracing |
A process for locating a recipient who is in repayment status. ADHE's efforts may include contacting relatives, friends, references, and other individuals or entities in the recipient's file. |
Subject Matter Designated as Critical Needs in the State of Arkansas |
The Arkansas Department of Education annually certifies subject matter areas as critical need based on the results of surveys obtained from school districts in the state of Arkansas. This information is submitted to the U. S. Department of Education; and subject shortage areas are certified as such in the state of Arkansas for purposes of providing forgiveness of student loans, etc. The TOP Commission will accept these subject matter areas for the TOP Program. |
Teach on a Full-time Basis |
Teach the same number of hours required of teachers who have full-time contracts, as determined by the institution or agency in which an individual is teaching, for a minimum of one (1) academic term, as defined by the institution or agency in which an individual is teaching. |