Current through Reg. 50, No. 187; September 24, 2024
(1) Training materials. If the aggregate cost
of training materials purchased by the division is less than or equal to $1,
000, such training materials shall become the property of the individual
immediately upon purchase.
(a) If the
aggregate cost of training materials purchased by the division exceeds $1, 000,
such training materials shall become the property of the individual upon
purchase; however, title and ownership to such training materials shall revert
back to the division upon written demand by the division provided circumstances
exist justifying the closure of the individual's case for reasons other than a
successful completion of the employment outcome.
(b) When title to training materials reverts
to the division, the individual who received such training materials shall
immediately make the training materials available to be secured by the
division.
(2) Pell
Grants.
(a) Pell Grants may only be used for
expenses related to an individual's participation in an educational program.
Such expenses include, but are not limited to, tuition fees, room and board (or
living expenses for a student who does not contract with the school for room
and board), transportation, books, supplies, and rental or purchase of a
computer.
(b) The individual must
provide the division with Pell Grant award or denial letters.
(c) The division may sponsor tuition, fees,
books and supplies for the initial term while the individual's Pell Grant
application is processed. The division may not sponsor subsequent terms unless
the individual's Pell Grant application was denied or a financial aid officer
verifies the grant has not been awarded. In the event that an individual is
awarded the Pell Grant for a semester in which tuition, fees, books, and/or
supplies have been sponsored by the division, that individual shall reimburse
the division for the full amount of the expenditures up to the amount of the
Pell Grant. Pell Grant money in excess of this amount must be used by the
individual for related educational expenses.
(3) Individuals may choose to attend a
private school or private or out-of-state college or university. If an
individual selects an out-of-state or private institution, such institution
must be fully accredited and in compliance with the 1964 Civil Rights Act,
Title IX of the Education Amendments of 1972, and Title V of the Act in order
to receive payment from the division. If an out-of-state or private institution
is used on the basis of individual preference, costs shall be paid by the
division at the same rate as that for a Florida public institution, with the
individual being responsible for paying any cost differences. Under such
circumstances, costs of ancillary services such as interpreters for the deaf,
note takers, and other accommodations shall be covered by the division only if
such services are not provided by similar Florida public institutions or by the
private or out-of-state institution chosen by the individual. When providing
training or education services, the division shall pay only the amount charged
by Florida's public colleges/universities or vocational schools (less the
amount the individual is eligible to receive in grants), unless attendance at
an out-of-state or private college or university or private training program
is:
(a) Necessary due to its unduplicated
educational resources to prepare for, retain or regain the employment outcome;
or
(b) The most cost effective
option when taking into account transportation and maintenance due to location
or when taking into account available grant and scholarship funds (except
scholarships based on merit); or
(c) Necessary due to circumstances beyond the
eligible individual's control such as personal illness, physical limitation,
the need for part-time employment or to care for children or other family
members and other similar circumstances; or
(d) Paid by grant, award or scholarship
monies (except those based on merit) sufficient to offset increased cost to the
division.
(4) The
division shall not continue payment for training or educational programs for
eligible individuals who fail to maintain institution standards for both
satisfactory academic performance and a full academic load unless such failure
is due to:
(a) Circumstances beyond the
eligible individual's control such as personal illness, physical or mental
limitations;
(b) A need for
part-time employment; or
(c) Caring
for children or other family members.
(5) If an individual has to retake a course
due to a failing grade or fails to attend the appropriate number of classes and
the failure to attend was within the individual's control, the division shall
have no obligation to pay for the student's retaking of the course.
(6) The awarding of a degree or certificate
shall be within a time frame based on the individual's needs and
capabilities.
(7) Out-of-State
Students Attending Florida Schools.
(a) When
an individual requests support for training services to pursue an Associate's
Degree or Bachelor's Degree at any college or university in Florida, the
division will ascertain whether the individual is a resident of another state.
If an individual refuses to disclose their state of residence, then the
division cannot authorize the requested training services for the
individual.
(b) The presentation of
any two of the following documents are sufficient to determine that an
individual has established their residence in Florida:
1. A sworn declaration of domicile for the
individual meeting the requirements of section
222.17, F.S.;
2. A Florida driver license or identification
card for the individual;
3. A
Florida vehicle registration for the individual's vehicle; or
4. A Florida voter registration card for the
individual.
(c) An
individual can provide evidence of residence in Florida, as described in
paragraph (b), when applying for services or after becoming eligible for
services. Upon presentation of such evidence, the restrictions on the provision
of services in this subsection will no longer apply to the
individual.
(d) For any individual
seeking training services, as described in paragraph (a), who is a resident of
another state, the division must refer the individual to the designated state
agency/designated state unit (DSA/DSU) under the federal Rehabilitation Act of
1973, as amended, in the individual's state of residence.
(e) If the individual refuses to seek support
for the training services, as described in paragraph (a), from the DSA/DSU of
their state of residence, the division will not authorize training
services.
(f) The division will
rely on the determination regarding the provision of training services, as
described in paragraph (a), made by the DSA/DSU of the individual's state of
residence. The division will not provide training services, as described in
paragraph (a), following a denial of such services by the DSA/DSU of the
individual's state of residence.
(g) The requirements of this subsection will
not affect the eligibility determination for the individual, as governed by law
and the rules of this chapter. The requirements of this subsection will not
affect the provision of other vocational rehabilitation services to the
individual, as governed by law and the rules of this
chapter.
Rulemaking Authority
413.22 FS. Law Implemented
413.24,
413.28,
413.30,
413.32
FS.
New 5-14-12, Amended
10-1-19.
