Current through Reg. 50, No. 187; September 24, 2024
(1) Application for Postsecondary Education
Services and Support (PESS). Each young adult who wishes to receive a PESS
stipend shall complete and sign an application for this program.
(2) If it is determined that the young adult
is not eligible for PESS, designated staff shall determine whether the young
adult is eligible for Education and Training Voucher (ETV) financial assistance
utilizing the Postsecondary Education Services and Support (PESS) and Education
and Training Voucher (ETV) Initial, Renewal and Reinstatement Application,
CF-FSP 5382, incorporated in subsection (3) of this rule. The young adult's
eligibility for or ability to obtain other funding for postsecondary education
shall not be considered when determining eligibility for PESS.
(3) Initial Application Process for PESS
Stipend. Designated staff shall provide the young adult with the "Postsecondary
Education Services and Support (PESS) and Education and Training Voucher (ETV)
Initial, Renewal and Reinstatement Application, " CF-FSP 5382, (November 2022),
which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14976.
(a) Designated staff shall assist the young
adult in completing the application or meeting eligibility
requirements.
(b) All young adults
with diagnosed disabilities or mental health needs shall be provided with an
equal opportunity to participate in the PESS program. A young adult with a
diagnosed disability or mental health need may need additional support;
therefore, the designated staff shall work in consultation with all of the
young adult's service providers, guardian ad litem, and attorney, if
applicable.
(c) The young adult
must obtain and provide documentation of the following:
1. A high school diploma or its equivalent,
in accordance with section 409.1451(2)(a)3., F.S.,
2. Admittance for enrollment as a full-time
student or its equivalent in an eligible postsecondary educational institution
or as a part-time student if he or she has a recognized disability or other
challenge or circumstance that would prevent full-time attendance; and,
3. A complete and error-free
submission of the Free Application for Federal Student Aid (FAFSA) and
application to any grants or scholarships suggested by the post-secondary
institution based on the FAFSA submission.
(d) Designated staff shall verify the
following:
1. The young adult was living in
licensed foster care on his or her 18th birthday or is currently living in
foster care; or was at least 16 years of age when adopted from foster care or
placed with a court-approved dependency guardian after spending at least six
(6) months in licensed care within the 12 months immediately preceding such
placement or adoption. A young adult is considered to have been living in
licensed care on the date of his or her 18th birthday if the young adult was in
the legal custody of the Department on the date of his or her 18th birthday,
2. The young adult spent at least
six (6) months in licensed care before reaching his or her 18th birthday,
3. The young adult has reached 18
years of age but is not yet 23 years of age; and,
4. The young adult signed an agreement to
allow the Department and the community-based care lead agency access to school
records.
(4)
Provision of Services. The designated staff must ensure that the young adult is
offered the necessary services and shall:
(a)
Work with the young adult to update the independent living transition plan,
pursuant to Section 39.6035, F.S., in preparation
for self-sufficiency. The plan shall be reassessed at least every six (6)
months for as long as services are provided.
(b) Collaborate with the young adult in the
coordination of life skills, counseling, financial plan pursuant Section
409.1451(2),
F.S., educational support, and identification of supportive networks that are
consistent with the young adult's needs and interests, and the goals identified
in the transition plan.
(c)
Maintain contact with the young adult. Designated staff and the young adult
shall determine the frequency of contact and how often, if ever, the contact
shall be face-to-face. During any contact, designated staff shall review and
discuss with the young adult progress in life skill development, and the young
adult's transition plan and shall identify additional services that are
necessary to assist the young adult in transitioning toward
self-sufficiency.
(d) Inform the
young adult of the Office of Continuing Care, its purpose, the types of support
the office provides, and how to contact the office, pursuant to Section
414.56, F.S.
(e) Provide assistance upon request by the
young adult in choosing and/or enrolling in an eligible post-secondary
educational institution, providing information about aftercare services and
completing an "Application for Aftercare Services, " CF-FSP 5391, (November
2022), which is hereby incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14977,
shall also be provided. Aftercare Services in accordance with Section
409.1451(3),
F.S., may be utilized temporarily to assist the young adult in working toward
qualifying for PESS.
(5)
The community based lead agency must notify a young adult within 10 business
days from the date of submission of the application whether the application was
approved or denied, or whether additional information, including supporting
documentation, is needed.
(a) If additional
information is needed, the young adult shall have 10 business days from
notification to submit the information. Designated staff shall offer to assist
the young adult in obtaining the additional information within the required
timeframe.
(b) If the application
is denied, designated staff shall notify the young adult of other available
services in which he or she may be eligible for, such as Extended Foster Care,
funding through ETV, Aftercare Services, and services that are locally
available.
(c) If the application
is denied, designated staff shall also provide the young adult with information
detailing the procedure for appeal and the brochure "Due Process Rights, "
CF/PI 175-74, August 2014, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05830.
(6) Renewal Application Process. Designated
staff shall offer to assist the young adult in completing an updated
"Postsecondary Education Services and Support (PESS) and Education and Training
Voucher (ETV) Initial, Renewal and Reinstatement Application, " CF-FSP 5382,
incorporated in subsection (3) of this rule. The young adult must obtain and
provide documentation of continuing to meet all renewal eligibility
requirements. The annual renewal period is based on the initial date of
enrollment into PESS.
(a) Designated staff
shall ask each young adult who is receiving PESS if he or she wishes to apply
to renew the award during the 90-day period before the end of the annual award
period, and no later than 30 calendar days before the end of the annual award
period.
(b) Designated staff shall
process the application and shall notify the young adult of the approval or
denial, as required by subsection
65C-42.002(3),
F.A.C.
(7) Reinstatement
of PESS. The reinstatement process shall be the same as for an initial
application pursuant to subsection
65C-42.002(3),
F.A.C. The young adult must meet initial and renewal eligibility requirements
for reinstatement of PESS.
(8) The
young adult is eligible for financial assistance under PESS during the summer
months if he or she is enrolled in the eligible postsecondary educational
institution, as determined by the postsecondary institution.
(9) Termination of PESS. Upon termination of
PESS, the Department or contracted agency shall notify the young adult of his
or her right to request a fair hearing, pursuant to rule
65C-42.004, F.A.C.
(10) A young adult will be terminated from
PESS if he or she becomes incarcerated for a period longer than 30
days.
(11) Documentation
requirements. For each young adult receiving a PESS or ETV stipend, the
Department or its contracted service provider shall maintain an active case
file in child welfare information system. The child welfare information system
is the system of record and must contain:
(a)
Documentation of the young adult's current demographic information, including
name, address, date of birth, social security number, and the name of the
school he or she is attending;
(b)
A copy of the young adult's complete application signed by the young adult and
approval authority;
(c) Eligiblity
determination in the Independent Living module;
(d) All supporting documentation required for
eligibility; and
(e) Description of
the types of services and support provided to the young
adult.
(12) Portability.
The services provided under this rule are portable across county lines and
between lead agencies. The service needs that are identified when a young adult
applies for PESS shall be provided by the lead agency where the young adult is
currently residing but shall be funded by the lead agency that approved the
application.
(13) A community-based
care lead agency may add its logo to forms.
Rulemaking Authority
409.1451(11)
FS. Law Implemented 409.1451
FS.
New 10-4-15, Amended 5-28-18,
1-3-23.