Current through Reg. 50, No. 187; September 24, 2024
(1)
General eligibility requirements. To receive aid, a student shall meet the
provisions of sections
1009.40 and
1009.77, F.S., and rules
6A-20.001,
6A-20.003 and
6A-20.0371, F.A.C., and:
(a) Attend an eligible institution as
specified in section 1009.77(1),
F.S.
(b) Enroll as an undergraduate
student or a student in an approved educator preparation institute in an
eligible program of study as specified in section
1009.77(8),
F.S., for at least six (6) credit hours or one hundred eighty (180) clock
hours. A student may be employed during the break between two (2) consecutive
terms.
(c) Demonstrate financial
need by submitting, annually, a completed need analysis form approved by the
department to the need analysis agency.
(d) Be a Florida resident for other than
educational purposes for a minimum of twelve (12) months immediately preceding
the first day of classes of the first term of the academic year for which funds
are being requested.
(e) Have
earned a minimum institutional cumulative grade point average of 2.0 on a 4.0
scale if an initial or reinstatement student; have earned a minimum 2.0
cumulative grade point average for all college work as of the end of the second
semester or third quarter to be eligible for renewal of the award.
(f) A renewal applicant must have earned,
during the previous summer and two (2) semesters or three (3) quarters, the
following number of credit hours per term for the number of terms for which the
award was received:
1. Twelve (12) credit
hours or three hundred sixty (360) clock hours for full-time
enrollment;
2. Nine (9) credit
hours or two hundred seventy (270) clock hours for three-quarter time
enrollment, or
3. Six (6) credit
hours or one hundred eighty (180) clock hours for half-time enrollment. A
student who fails to earn the required credits as of the end of the second
semester or third quarter is not eligible to renew the award for the following
year.
(g) Not owe a
repayment of a federal grant or a state grant or scholarship program unless
satisfactory arrangements to repay have been made.
(h) Not to be in default on any federal Title
IV loan program or any state loan program, unless satisfactory arrangements to
repay the loan have been made.
(2) Appeals. A student may appeal under the
terms of Section 1009.42, F.S. and Rule
6A-20.0371, F.A.C.
(3) Maximum terms of eligibility. Students
shall be eligible to participate in the program for one hundred ten (110)
percent of the number of credit hours or clock hours required to complete the
program of study in which enrolled or until receipt of a first baccalaureate
degree, except as specified in Section
1009.77(1)(d),
F.S., whichever comes first. An eligible five (5) year degree program is one
which requires completion of at least one hundred thirty two (132) semester
hours or one hundred ninety two (192) quarter hours for an undergraduate
degree. Five (5) year eligibility does not apply to a program which leads to
the simultaneous award of a graduate and undergraduate degree.
(4) Employment requirements. Postsecondary
educational institutions shall contract with public or private employers. A
participating postsecondary institution cannot contract with another
postsecondary educational institution. Contracts shall include as a minimum the
following institutional and employer responsibilities:
(a) Institutional responsibilities are:
1. To select and refer eligible students for
consideration of employment by the employer.
2. To reimburse a private employer for up to
seventy (70) percent of the student's wages. If the employer is a public
elementary or secondary school or the postsecondary institution, the
institution shall reimburse the employer one hundred (100%) percent of the
student's wages. Reimbursement is limited to student wages and shall not
include costs for fringe benefits, travel or other related employment
costs.
3. To monitor the number of
hours per week that the student works and the earnings of the student to avoid
overcommitment of Florida Work Experience Program (FWEP) funds, or financial
aid overawards.
4. To place the
student in a job which is complementary to and reinforces the student's
educational program and career goals.
5. To determine the number of hours to be
worked per week; however, the student's award in combination with all other
resources shall not exceed the student's net financial need. The student's
earnings shall not exceed the FWEP award by more than three hundred (300)
dollars per academic year.
6. To
ensure that students participating in this program are not discriminated
against by employers or prospective employers on the basis of race, color,
national origin, sex or handicap in recruitment, hiring, placement, assignment
to work tasks, hours of employment, levels of responsibility or in pay. An
institution may not honor an employer's request for students who are free of
handicap or for students of a particular race, color, national origin or
sex.
(b) Employer's
responsibilities are:
1. To place the student
on the employer's payroll and provide compensation to the student at least once
per month. Such compensation shall be in an amount no less than the federal
minimum hourly wage or the state minimum hourly wage, whichever is
greater.
2. To be responsible for
the total cost of mandatory benefits, including Social Security.
3. To provide the institution with a copy of
a work agreement signed by the student and the employer which documents the
duties of the job, the number of hours the student is to be employed, and the
hourly rate of pay.
4. To develop
and implement with the institution a program of supervision for each student
which is consistent with the duties of the job and educational objectives of
the student.
5. To certify that the
work performed by the students employed does not displace regular
employees.
6. To maintain time
sheets for each student employed and provide copies to the institution when
requesting reimbursement.
7. To
regularly request reimbursement from the institution.
8. To provide an assurance that students will
be accepted and assigned to jobs and otherwise treated without regard to race,
color, national origin, sex or handicap if the employer enters into a written
agreement with the institution.
(5) Other institutional responsibilities. A
participating postsecondary institution shall:
(a) Determine student need in the same manner
as it determines need for other need-based programs; however, earnings shall
not be used to replace the family contribution.
(b) Count earnings for periods of employment
during which students are not enrolled in the same manner as required by the
federal Title IV College Work Study Program.
(6) On-campus student employment.
Institutions may use up to one hundred (100%) percent of their total FWEP
allocations for student employment within the institution. The institution
shall be reimbursed for one hundred (100%) percent of student wages. Funds from
other student financial aid sources shall not be used to provide the
institution's portion of mandatory benefits.
(7) Other reimbursable costs. Institutions
may use up to ten (10) percent of their total FWEP allocations to meet the
costs of program administration at the institution. Such costs may include, but
are not limited to salaries, office supplies, printing and program
advertising.
(8) Allocations. The
department shall allocate funds annually to be used by institutions during the
July 1 through June 30 state fiscal year. To be eligible for funds,
institutions must certify to the department via the State Student Financial Aid
Database by the deadlines established by the department by June 30 Form FWEP-1,
Florida Work Experience Program Allocation Request; FWEP-2, Florida Work
Experience Program Annual Financial Summary Report due by July 30; and Form
FWEP-3, Disbursement Eligibility Report, due within thirty (30) days after the
end of each term. These forms as incorporated by reference to become effective
with the effective date of this rule can be obtained via the State Student
Financial Aid Database at www.FloridaStudentFinancialAid.org.
Allocations will be made by the department as follows:
(a) Each institution will receive a base
allocation equal to the lesser of its reported expenditures for the prior
fiscal year or the amount of its request unless a newly participating
institution whose baseline will be an amount determined by the department. When
funds are insufficient to make such allocations, each institution will receive
a proportional allocation of available funds based on the current year
appropriation to the total funds needed to meet the base allocation.
(b) From current year funds that become
available during the fiscal year, the department may increase allocations to
institutions based on the institutions' original requests, written supplemental
requests or as determined by the department based on other institutional
needs.
(c) The department will
provide for the delivery of funds to students each academic term by
transmitting the funds to the institution for distribution to
students.
(d) Any unused portion of
an institution's allocation shall be refunded to the department no later than
June 1 of each year.
(9)
Use of FWEP funds. Funds provided under this program shall not be used to
replace institutional funds which would otherwise be used to support such
student employment.
Rulemaking Authority
1001.02(1),
1009.77(9) FS.
Law Implemented 1009.40,
1009.42,
1009.77
FS.
New 7-1-93, Amended 10-15-02,
9-22-08.
