Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS Chapter 13B, 164.2847, 610.110(6), 620.020(5),
620.140(1)(d),
45
C.F.R. 1355.20(a),
20 U.S.C.
1001,
1002,
1087II,
42
U.S.C. 677(d)(2), (i)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) authorizes the
secretary of the Cabinet for Health and Family Services to promulgate,
administer, and enforce those administrative regulations necessary to implement
programs mandated by federal law or to qualify for the receipt of federal funds
and necessary to cooperate with other state and federal agencies for proper
administration of the cabinet and its programs. In addition,
42
U.S.C. 677(i) makes
available vouchers for education and training to youths who have aged out of
foster care or were adopted from foster care at age sixteen (16) or older. This
administrative regulation establishes eligibility and an application process,
specifies allowable uses, and provides a procedure for administrative hearings
pertaining to the educational and training vouchers.
Section 1. Definitions.
(1) "Cost of attendance" is defined by
20
U.S.C. 1087II.
(2) "Educational and training voucher" means
resources provided to an eligible individual to meet educational or training
purposes as specified under
42
U.S.C. 677(i).
(3) "Foster care" is defined by
KRS
620.020(5) and
45
C.F.R. 1355.20(a).
(4) "Institution of higher education" is
defined by
20 U.S.C.
1001 and
1002.
(5) "Tuition waiver" means waiver of tuition
and mandatory fees for Kentucky foster or adopted children pursuant to
KRS
164.2847 and 922 KAR 1:450.
Section 2. Eligibility.
(1) An individual shall be eligible to
receive an educational and training voucher if the individual:
(a) Is committed to the cabinet in accordance
with:
1.
KRS
620.140(1)(d); or
2.
KRS
610.110(6);
(b) Was adopted or entered a state
Title IV-E Guardianship Assistance Program from foster care after attaining
sixteen (16) years of age; or
(c)
Left foster care upon attaining eighteen (18) years of age.
(2) An individual shall be
eligible to participate in the voucher program for a maximum of five (5) years
until twenty-six (26) years of age if the individual is enrolled in an
institution of higher education and is making satisfactory progress towards
completion:
(a) As determined by the
institution of higher education; and
(b) In accordance with Section 3(2) of this
administrative regulation.
Section 3. Application Process.
(1) To request an educational and training
voucher, an applicant shall submit a completed DPP-334, Request for Educational
and Training Voucher Funds, to the cabinet:
(a) Upon initial application for enrollment
into an institution of higher education;
(b) When the student transfers to another
institution of higher education; or
(c) If a student has not been enrolled
continuously at the same institution of higher education.
(2)
(a) To
maintain eligibility in accordance with Section 2 of this administrative
regulation, for each semester or equivalent term of instruction, the cabinet
shall contact the National Student Clearinghouse to verify an applicant's
enrollment in an institution of higher education.
(b) If verification cannot be obtained
through the National Student Clearinghouse in accordance with paragraph (a) of
this subsection, the cabinet shall notify the applicant, and the applicant
shall:
1. Contact the applicant's institution
of higher education; and
2. Request
that written confirmation of enrollment from the institution of higher
education be sent to the cabinet.
(3) Designated cabinet staff shall make a
determination within thirty (30) business days of receipt of a completed
DPP-334.
(4) If an applicant is
determined ineligible by the cabinet, the cabinet shall provide notification,
in writing, to the applicant stating the reason for ineligibility.
Section 4. Allowable Payments.
(1) An educational and training voucher shall
be used to:
(a) Assist an eligible individual
to prepare for and enter an institution of higher education, including:
1. A fee for an educational aptitude
examination to qualify for or apply to an institution of higher
education;
2. An entrance or
application fee required by an institution of higher education;
3. An enrollment fee or deposit required by
an institution of higher education;
4. Cost of an educational aptitude course to
prepare the eligible individual for an examination as specified in this
subsection; or
5. An expense, in
addition to an expense specified in subparagraphs 2 and 3 of this paragraph,
required for entrance by the institution of higher education; or
(b) Pay for the cost of attendance
at an institution of higher education.
(2) An educational and training voucher shall
not exceed the lesser of $5,000 per year or the total cost of attendance per
year.
(3) To the extent that funds
are available, the cabinet shall authorize payment for an application for an
educational and training voucher to an eligible individual.
(4) In accordance with
42
U.S.C. 677(d)(2), an
educational and training voucher shall not be approved for the same purpose as
a tuition waiver or other student financial aid.
Section 5. Service Appeal. An applicant who
is determined ineligible for an educational and training voucher by the cabinet
shall have access to an administrative hearing in accordance with 922 KAR
1:320.
Section 6. Incorporation by
Reference.
(1) "DPP-334, Request for
Educational and Training Voucher Funds", 12/20, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department for Community Based Services, 275 East Main Street, Frankfort,
Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1)
