Current through February, 2024
Section 2400
Post-secondary Education (PSE)
The postsecondary education (PSE) program is a solely
state-funded program to assist parents in eligible low-income families to
obtain two- or four-year postsecondary undergraduate degrees in fields directly
related to employment. The PSE program provides financial assistance, case
management, and support services. In eligible two-parent families, only one
parent at a time may participate in the PSE program and the second parent must
be employed if able to work. Eligibility is based on financial and non-
financial criteria.
The PSE program is not an entitlement program. Participation
may be denied to applicants meeting the eligibility criteria if program funds
are insufficient for all eligible applicants to participate. If program funds
are insufficient to serve all eligible applicants, the priorities for admission
to the PSE program established by these regulations will be followed.
At the discretion of the commissioner, the department may
fund certain families' PSE financial assistance with state funds claimed as
TANF Maintenance of Effort (MOE) when such funding meets the intent of TANF
regulations and the participating family is meeting the applicable Reach Up
work requirement with hours in postsecondary education or other approved work
activity.
Section 2401
Definitions
A. Able-to-work: Free of any
physical, emotional or mental condition that would prevent the individual from
engaging in full-time employment.
B. Able-to-work-part-time: Having a physical,
emotional or mental condition that would allow the individual to engage in
employment for at least 10 hours per week but would prevent the individual from
engaging in employment for 35 or more hours per week.
C. Applicant: A parent who is applying for
admission to the PSE program.
D.
Approved College: Any institution of higher education that is certified by the
state board of education as provided in
16 V.S.A.
§§
176 -
176a.
or any institution of higher education that is accredited by the New England
association of colleges and secondary schools, or a comparable accrediting
agency, or any institution accredited by the Vermont state board of nursing as
provided in 26 V.S.A. §§ 1573-1574 and
1581.
"Approved college" shall also include any technical school or
institution that admits students who have completed the twelfth grade or its
equivalent, is legally authorized to provide a program of post-secondary or
technical education designed to equip individuals for useful employment in
recognized occupations and is accredited by a nationally recognized accrediting
agency or association or a state accrediting agency or association listed by
the United States secretary of education pursuant to
20 U.S.C. §
1085(c)(4) ( P.L. 89-329 )
or by any other means of accreditation approved by the state board. It does not
include regional technical centers or other institutions that do not offer
two-year or four-year postsecondary education degrees.
As used in these regulations, the word "college" means
"approved college."
An approved college shall not include a college located more
than 75 miles outside of the Vermont border, except when the out-of-state
college offers a program in a major in a field of study required to meet the
applicant or participating parent's occupational goal and such program
is:
-- Not available within Vermont or the 75 mile limit;
or
-- Closer to the applicant/participating parent's place of
residence than a program within Vermont or the 75-mile limits.
E. Case manager: As used in this
rule, case manager means a person with that job title or other appropriate
person designated to perform the case management function.
F. Commissioner: The commissioner of the
Department for Children and Families or the commissioner's designee.
G. Degree-related job: Any employment related
to the occupation specified in the last approved PSE plan.
H. Dependent child means a child who:
(1) is a resident of this state;
and
(2) is under the age of 18
years; or
(3) is 18 years of age or
older and meets both of the following two criteria:
(a) is full-time student in a secondary
school or attends an equivalent level of vocational or technical training,
and
(b) is reasonably expected to
complete the educational program before reaching the age of 19 or is not
expected to complete it before age 19 solely due to a documented
disability.
I. Family: The parent in a single-parent
family or both parents in a two-parent family and all minor dependent children
residing with, cared for by, and in the physical custody of the parent or
parents full time or no less than 50 percent of the time if in accordance with
a court-approved shared custody agreement or order.
J. Field directly related to employment: A
field of study in which employers are most likely to seek graduates to fill
positions in the occupation specified in the participating parent's PSE plan.
Employers in this context refer to entities that employ individuals in this
occupation at sites located in the labor market area in which the participating
parent plans to seek employment.
K.
Full-time: Forty (40) hours per week or a position requiring no fewer than
thirty-five (35) hours of work per week that the employer defines as
full-time.
L. Good Academic
Standing: Satisfactory academic progress as determined by the academic policies
of the college the participating parent is attending.
M. Labor Market Area: The geographic area
used for this purpose by the Vermont Department of Labor or the comparable
agency in another state if the participating parent intends to seek employment
out-of-state.
N. Making Progress
Toward a Degree: An academic record of the participating parent, during the
first half of the parent's participation in the program, that demonstrates the
likelihood the parent will be able to:
(1)
Complete satisfactorily the college's general requirements for attainment of a
two-year or four-year postsecondary undergraduate degree and the specific
requirements for completion of the field of study specified in the PSE plan,
and
(2) Complete these requirements
within the schedule in the PSE plan for completion of the degree, taking into
consideration modifications or extensions approved in accordance with 2406.
Continuation in the program during the last half of the
parent's schedule of participation shall be contingent upon an academic record
that clearly demonstrates the likelihood that the requirements cited above will
be met.
O.
Matriculating or Matriculated Student: An applicant who is attending, has been
accepted at or has applied to a two-year or four-year postsecondary
undergraduate degree program. An applicant who plans to attend the Community
College of Vermont (CCV) and provides documentation of completion of the CCV
basic skills assessment and no requirement to take basic skills courses or,
when this requirement applies, successful completion of these courses; and
completion of a financial assistance application shall be considered a
matriculated student.
P.
Occupation: A specific job title or cluster of related job titles, as listed in
the Dictionary of Occupational Titles, the Occupational Information Network,
the Occupational Outlook Handbook, or other relevant employment-related
services or publications.
Q.
Parent: A biological parent, stepparent, or adoptive parent, as defined by
state law, who has physical custody of and resides with a dependent child full
time or no less than 50 percent of the time if in accordance with a
court-approved shared custody agreement or order. This term includes
individuals who have entered into civil unions. This term does not include
pregnant women or caretaker relatives who are not a "parent" within the
definition above.
R. Participating
Parent: A parent who is receiving financial assistance and/or case management
and support services through the PSE program. In a two-parent family, it is the
parent who is pursuing postsecondary undergraduate degree.
S. Participating Family: A family in which
one parent is a participating parent.
T. Postsecondary education (PSE): Courses
taken at an approved college by a matriculated or matriculating student in a
two-year or four-year postsecondary undergraduate degree program.
U. Postsecondary education program (PSE
program): A state-funded program of financial assistance, case management, and
support services to assist parents in eligible families to obtain two-year or
four-year postsecondary undergraduate degrees in fields of study directly
related to employment.
V.
Unable-to-work: Not "able-to-work" and not "able-to-work-part-time."
Section 2402 Americans with
Disabilities Act
As required by the Americans with Disabilities Act, the
Department for Children and Families shall make reasonable modifications to its
policies, practices and procedures when modifications are necessary, as
determined by the commissioner, or the commissioner's designee, to avoid
discrimination on the basis of disability. An applicant or participating parent
may appeal a determination of the commissioner or the commissioner's designee
to the Human Services Board, in accordance with departmental regulations
governing appeals.
Section
2410 Initial Eligibility
(03/01/2017, 17-02)
A. Financial Eligibility
1. Applicants shall demonstrate financial
eligibility for the thirty-day period preceding the date of
application.
2. Gross income shall
be the basis for determining financial eligibility for the PSE
program.
3. Verification of income
shall be provided in accordance with the Reach Up program
regulations.
4. The family's gross
income minus the participating parent's earnings shall not exceed 150 percent
of the federal poverty level for a family of the applicant family's
size.
5. Gross income shall be
determined using Reach Up rules.
B. Financial Eligibility for PSE Financial
Assistance
Applicants for financial assistance must meet the same
financial eligibility qualifications as Reach Up applicants according to Reach
Up financial eligibility rules. The 60-month time limit (rule 2238) does not
apply to PSE recipients.
C.
Financial Eligibility for Case Management Services
1. All applicants who qualify for financial
assistance automatically meet financial eligibility for case management
services.
2. All applicants who
qualify for financial assistance and subsequently are not eligible for
financial assistance due to a change in circumstances continue to be eligible
for case management during the program year in which the loss occurred and
until the date of their next annual review provided they meet all the criteria
at 2402.1.C.
3. Applicants who
qualify for participation in the program, but do not qualify for PSE financial
assistance may receive case management services
D. Non-Financial Eligibility
All financially eligible families who apply to participate in
the postsecondary education program shall be considered for admission, pursuant
to the following conditions:
1. The
applicant has the literacy skills necessary to participate successfully in the
PSE program.
2. The applicant has a
PSE plan that has been approved by the PSE plan review committee.
3. Only one parent per family may participate
in the PSE program at the same time. For purposes of this condition, family
includes two parents who live apart, but equally share physical custody of
their child(ren).
4. In a
two-parent family, the non-participating parent shall:
a. Be employed full time, if
able-to-work;
b. Be employed part
time, if able-to-work-part-time; or
c. Be unable-to-work.
5. The applicant does not have a
postsecondary undergraduate degree or, if the applicant already has a
postsecondary undergraduate degree:
a. The
occupations for which it prepared the applicant are obsolete, as determined by
the commissioner or the commissioner's designee (see 2403.7.B);
b. The applicant can no longer perform the
occupations for which the degree prepared him or her due to a disability, as
determined by the commissioner or the commissioner's designee (see 2403.7.A);
or
c. The preparation for
occupations received by the applicant through the postsecondary undergraduate
degree is outdated and not marketable in the current labor market, as
determined by the commissioner or the commissioner's designee (see
2403.7.B).
6. The
applicant is a matriculating or matriculated student in two-year or four-year
postsecondary undergraduate degree program as specified in the applicant's PSE
plan.
7. The applicant has been
determined eligible for financial assistance from VSAC and can demonstrate the
ability to cover tuition costs.
8.
The applicant agrees to limit employment to no more than 20 hours per week when
school is in session. At the parent's request, an exception to the 20-hour
limitation may be granted when the case manager has determined that both of the
following requirements are met:
a. The
increase in hours will not delay the student's progress or timeframe in
obtaining the degree.
b. The
additional hours of employment are in a position that either will result in
credits toward the participant's degree or enhance the student's marketability
in the field or her or his course of study.
9. The 20-hour limit on hours of work per
week shall be applied as follow in these special situations:
a. Single-parent applicants providing
specialized foster care, professional parenting, or the equivalent to children
in the custody of the Department for Children and Families (D) or not in D
custody but placed in foster care by a licensed child placement agency and
receiving additional compensation for those services shall be considered to be
employed 20 hours per week. No additional employment shall be permitted when
school is in session.
b. An
applicant who is the contracted developmental home provider for an individual
placed by the Department of Disabilities, Aging, and Independent Living (DAIL)
or a developmental or mental health services agency under contract with DAIL
shall be considered to be employed for more than 20 hours per week.
10. Participating families who are
eligible for Reach Up financial assistance agree to accept PSE program
financial assistance in lieu of a Reach Up financial assistance
grant.
11. The applicant and the
applicant's family are Vermont residents.
12. The participating parent continues to
reside with and have physical custody of a dependent child.
13. If the applicant already is engaged in a
two-year or four-year postsecondary undergraduate degree program at the time of
application, the applicant is in good academic standing and a member in good
standing.
Section
2411 Continuing Eligibility
The Department for Children and Families shall conduct an
annual review to determine continuing financial and non-financial eligibility
for the PSE program-and to determine the amount of any financial assistance.
The annual review shall take place within the ninety-day period prior to the
beginning of each academic term that marks an anniversary of the participating
parent's participation in the PSE program.
A. Financial Eligibility for Financial
Assistance
Continuing financial eligibility for financial assistance is
determined using Reach Up financial eligibility rules governing reported
changes of circumstances when they occur and at the annual review.
B. Financial Eligibility for Case
Management Services
1. Participants who
qualify for continuing financial assistance automatically meet financial
eligibility for continuing case management services.
2. Participants who qualify for financial
assistance and subsequently are not eligible for financial assistance due to a
change in circumstances continue to qualify for case management services during
the program year in which the loss occurred and until the date of their next
annual review provided they meet all the criteria at 2402.1.D.
3. Participants who qualify for program
participation by meeting the requirements of 2402.1 using income from the
calendar year preceding the date of the annual review, but do not qualify for
financial assistance may receive case management services.
C. Non-Financial Eligibility
1. The participating parent's PSE plan shall
be reviewed and revised, as needed.
2. In a two-parent family, the
nonparticipating parent shall:
a. Be employed
full time, if able-to-work;
b. Be
employed part time, if able-to-work-part-time; or
c. Be unable-to-work
3. The participating parent remains eligible
for financial assistance from VSAC, which includes maintaining satisfactory
academic standing as defined by the college, and continues to demonstrate the
ability to cover tuition costs.
4.
The participating parent agrees to limit employment to no more than 20 hours
per week when school is in session in accordance with the initial eligibility
rules at 2402.1.D.8-9 governing the 20-hour limit.
5. Participating families who are eligible
for Reach Up financial assistance shall agree to accept PSE program financial
assistance in lieu of a Reach Up financial assistance grant.
6. The participating parent and participating
family are residents of Vermont.
7.
The participating parent is in good academic standing and making progress
toward a degree.
8. The
participating parent is a member in good standing at the college she or he
attends.
Section
2420 General Application Requirements
A. Applications and assistance, pursuant to
2409, in completing all parts of the application shall be available at
decentralized locations statewide.
B. Initial entry into the PSE program must
begin in the fall or spring academic term, unless the applicant is a
matriculated or matriculating student in an approved college that does not
operate on a traditional semester basis.
C. To be considered for admission into the
PSE program, the applicant's complete financial eligibility application and
necessary supporting documentation must be submitted to the commissioner within
30 days after the close of the application period.
Section 2421 Application Periods
(03/01/2017, 17-02)
A. Applicants may apply for admission to the
PSE program no earlier than 180 days prior to the beginning of the academic
term in which the applicant plans to take postsecondary education courses, and
no later than thirty days prior to the end of the academic term in which the
applicant is currently taking postsecondary education courses.
B. For each academic term (spring and fall),
the number of applications accepted for determination of eligibility (target
number) shall be no greater than three times the anticipated number of openings
in the PSE program. The target number and the anticipated number of openings
for each application period shall be determined by the commissioner.
The application period shall close when the target number is
reached.
Section
2422 Financial Eligibility
A. In
order to proceed with the complete application process, an applicant must first
be determined to meet the requirements for financial eligibility for the PSE
program.
B. The applicant shall
complete a financial eligibility application, including provision of
documentation to support a determination of financial eligibility.
C. Written notice of the decision on the
financial eligibility application shall be given to the applicant within 20
days of the date the signed financial eligibility application was received. The
notice shall include information on the applicant's appeal rights, and if the
financial eligibility application is denied, the reasons for the
denial.
D. Upon determination that
an applicant meets the requirements for financial eligibility for the PSE
program, the applicant may proceed with the application process as detailed in
2403.4 - 2403.10.
Section
2423 Documentation
All applicants must provide the following documentation as
part of the application process:
A.
Documentation of full-time employment of non-participating parent, or if
unable-to-work or able-to-work-part-time, of compliance with the requirements
of 2403.6 A. or B.
B. Documentation
that applicant is a matriculating or matriculated student in a two-year or
four-year postsecondary undergraduate degree program. Applicants who have
applied to but have not yet been admitted to a postsecondary undergraduate
degree program shall not be eligible for the PSE program until they provide
documentation of admission. For applicants who plan to attend CCV,
documentation that the applicant has completed the CCV basic skills assessment
and is not required to take basic skills courses or, if required to do so, has
completed these courses successfully; and has completed a financial assistance
application shall be considered documentation of admission.
C. Documentation that the applicant is in
good academic standing and a member in good standing if the applicant is
already attending college.
D.
Documentation of eligibility for financial assistance from VSAC and ability to
meet tuition costs.
E.
Documentation of Vermont residency.
F. Documentation to support the determination
of the amount of PSE financial assistance.
Section 2424 Literacy Assessment
A. As part of the application process, the
commissioner shall assess the applicant's basic skills in reading, writing, and
mathematics to evaluate the applicant's ability to participate successfully in
the PSE program. Such assessment may be waived when, in the judgment of the
commissioner, the applicant's record contains sufficient information, such as a
high school transcript, rank in high school class, a GED transcript,
responsibilities of jobs held, responsibilities of volunteer work performed,
recommendations of teachers or employers, or scores from standardized tests
(for example, SAT or ACT) to make this evaluation without the
assessment.
B. If the literacy
assessment indicates that the applicant does not have the basic skills
necessary to participate successfully in the PSE program, the applicant shall
not be eligible for the PSE program. Applicants who do not have the basic
skills necessary to participate successfully in the PSE program shall be
referred, as appropriate, to Reach Up or VSAC for support for basic skill
courses.
Section 2425
Non-participating Parents Unable-to-Work
(03/01/2017, 17-02)
A. Disability
1. All non-participating parents who state
they are unable-to-work or able-to-work-part-time because of a disability shall
be referred to the Vermont Division of Vocational Rehabilitation (VR) for an
assessment of eligibility for VR services and, if determined eligible, may
accept VR services, but shall not be required to do so.
2. A non-participating parent who has been
determined to be ineligible for VR services than and who has not been
determined to be disabled by the Social Security Administration or other state
or federal program approved by the commissioner or the commissioner's designee,
shall be subject to the full-time employment requirement of the PSE
program.
3. A non-participating
parent who has been determined to be ineligible for VR services and who has
been determined to be disabled by the Social Security Administration or other
program approved by the commissioner or the commissioner's designee shall not
be subject to an employment requirement.
B. Domestic Violence
1. When a participating family is
experiencing the effects of domestic violence, the non-participating parent may
apply for an exemption to or modification of the employment
requirement.
2. Domestic violence
shall include the following acts if committed by a family or household member
as defined in rule 2207: physical acts that resulted in, or threatened to
result in, physical injury; sexual abuse; sexual activity involving a dependent
child; being forced as the caretaker relative of a dependent child to engage in
nonconsensual sexual acts or activities; threats of, or attempts at, physical
or sexual abuse; mental or emotional abuse; or neglect or deprivation of
medical care.
3. The commissioner
or the commissioner's designee shall make an individualized assessment of the
family situation, consistent with rule 2344.2. B.5, to determine whether an
exemption to or modification of the employment requirement shall be
granted.
4. Initial exemptions to
or modifications of the employment requirement may be granted for a period of
up to six months and may be extended for a period of up to six months at a
time.
5. To retain or extend an
exemption to or modification of the employment requirement, the
non-participating parent must participate constructively in the development of
and activities contained in a plan to address the effects of domestic violence.
The plan may be developed with the commissioner or the commissioner's designee
or be developed with another agency, such as VR, the Department for Children
and Families' Family Services Division or other public or private service
agency, and accepted by the commissioner or the commissioner's
designee.
6. The non-participating
parent shall be required to work part-time if the commissioner or the
commissioner's designee determines that the non-participating parent is
able-to-work-part-time.
Section 2426 Pre-existing PSE Degrees
Applicants are not eligible for the PSE program if they
already have a postsecondary undergraduate degree unless they meet one of the
following exceptions, as determined by the PSE plan review committee:
A. If the applicant states that she or he is
unable to perform the occupation for which the pre-existing PSE degree prepared
her or him because of a disability, the applicant shall submit medical evidence
of the disability and evidence of its effect on the applicant's ability to
perform the occupation. The PSE plan review committee may request the services
of a vocational consultant if it is unable to make a determination based on the
documentation provided by the applicant.
B. If the applicant states that the
occupation for which the pre-existing PSE degree prepared her or him is
obsolete or that the preparation for the occupation for which the degree
prepared her or him is outdated and not marketable in the current labor market,
the PSE plan review committee shall make a determination considering, but not
limited to, the following factors:
1. Current
licensing requirements for a particular occupation cannot be met by the
applicant's previously obtained preparation or degree and those deficiencies
cannot be remedied by taking current courses in a non-degree program;
2. A person currently pursuing the same
occupational goal would be required to complete substantially different
requirements from those included in the previously obtained degree and those
deficiencies cannot be remedied by taking current courses in a non-degree
program.
Section
2427 Development of PSE Plan
All applicants must develop and submit a PSE plan as set
forth in 2406. A decision by the PSE plan review committee shall be made within
30 days of the date on which the applicant submits the completed initial or
modified PSE plan for review by the PSE plan review committee.
Section 2428 Conditions for
Participation
Prior to a final determination regarding eligibility for the
PSE program, all applicants shall agree to the following conditions:
A. Employment by the participating parent
shall be limited to 20 hours per week when school is in session, with
consideration given to 2402.1.D.8-9, if applicable. This limitation on hours of
employment shall not apply during vacations, periods between terms or
semesters, summer sessions, periods in which the participant has been granted
an exception, or any other term in which the participating parent is not taking
any courses.
B. Participating
parents who receive PSE financial assistance shall assign all child support
rights to the D. The participating parent shall apply for services from the
Vermont Office of Child Support (OCS), if not already receiving such services,
and cooperate fully with the OCS in their efforts to collect the assigned
support. The department shall deny or terminate assistance to participating
parents who fail or refuse to apply for services from OCS.
C. PSE financial assistance shall be accepted
in lieu of Reach Up financial assistance, if the participating parent is
eligible for Reach Up financial assistance. Participants currently receiving
Reach Up financial assistance through vendor payments due to money
mismanagement must consent to continued vendor payments until such time as the
family's essential expenses are current.
D. Financial assistance shall be determined
in the same way as Reach Up financial assistance using Reach Up financial
assistance rules.
E. During the
last year of the degree program, the participating parent shall seek employment
using the services of the college's career placement office. If the college has
no career placement office, the participating parent shall seek employment
using the services of the Department of Labor's local career resource
center.
Section 2429
Notice of Decision
A. A decision on the
application shall be made no later than the tenth day of the month prior to the
month in which the applicant would begin attending classes in the undergraduate
degree program. If a decision is not made by this date through no fault of the
applicant, the deadline for the decision shall be extended to permit eligible
applicants to begin attending classes.
B. Written notice of the eligibility
determination shall be provided to the applicant.
1. If eligibility is approved, the notice
shall include the date on which eligibility for the PSE program will begin, the
amount of financial assistance if the applicant qualifies, and the applicant's
appeal rights.
2. If eligibility is
denied, the notice shall include the reasons for the denial and information on
the applicant's appeal rights.
3.
If the applicant meets the eligibility requirements but is denied admission
under the priorities stated in 2404, the applicant shall be informed of the
next admission period and that her or his application will be kept on file.
Applicants who request that the application on file be considered at the next
admission period may be required to update the application and will be subject
to the same determination and priority criteria as an applicant submitting a
new application.
Section
2430 Priorities
At the point where program funds are insufficient for all
otherwise eligible applicants to participate, participation in the program
shall be granted to applicants in the following order:
A. Applicants without a college degree or who
qualify for an exception under rule 2403.7, who have already demonstrated the
ability to be successful in college by accumulating college credits that can be
applied to the degree sought, and who qualify for PSE financial
assistance.
B. Applicants who have
had no postsecondary education and who qualify for PSE financial
assistance.
C. Applicants without a
college degree or who qualify for an exception under rule 2403.7, who have
already demonstrated the ability to be successful in college by accumulating
college credits that can be applied to the degree sought, and who qualify for
case management services, but do not qualify for PSE financial
assistance.
D. Applicants who have
no postsecondary education and qualify for case management services, but do not
qualify for PSE financial assistance.
E. If the number of eligible applicant
families in the priority group under consideration exceeds the number of
openings for PSE, admission to the program will be determined by random
selection from that group.
Section
2440 Deleted
(03/01/2017, 17-02)
Section 2450 PSE Plan
A. Each applicant shall develop a PSE plan
with assistance, as needed, from staff. In addition, each applicant or
participating parent shall propose modifications to the PSE plan when necessary
to respond to a recommendation for modification or to support a requested
change as specified in 2406.4.
B. A
PSE plan review committee shall be convened to review each PSE plan and each
modified PSE plan. The committee shall consist of a core team including the
staff person assigned to assist in PSE plan development; the participating
parent's case manager, where applicable; the supervisor of the case manager or
other staff person or the supervisor's designee; a person with labor market
expertise; and a person with broad knowledge of educational opportunities in
Vermont colleges. The commissioner may include others on the committee,
depending on the needs of each applicant or participating parent. The applicant
or participating parent may participate in the review.
C. The PSE plan review committee shall make a
determination of whether the applicant can achieve entry into the proposed
occupation or into a substantially similar occupation by completion of an
education and/or training program whose duration is 12 or fewer months. If so,
the applicant shall not be eligible for the PSE program.
D. The PSE plan review committee shall
approve or disapprove of, or make recommendations for modifications to the PSE
plan. The applicant or participating parent shall receive a copy of the
committee's decision or recommendation. If the PSE plan review committee
recommends modification, a revised PSE plan shall be submitted to the PSE plan
review committee for consideration. If, within 30 days of receiving the PSE
Plan review committee's recommendation for modification, the applicant or
participating parent fails to submit a modified PSE plan and fails to appeal
the request for modification, the PSE plan shall be deemed
disapproved.
E. If the PSE plan
review committee disapprove of or recommends modifications to the PSE plan the
applicant or participating parent shall be notified of her or his appeal
rights.
Section 2451 PSE
Plan Requirements
(03/01/2017, 17-02)
A. Each applicant or participating parent's
PSE plan shall include the following:
1. The
name and location of the college at which the applicant or participating parent
is matriculating or matriculated.
2. A statement of the occupational goal that
the applicant or participating parent intends to pursue after receiving the
postsecondary undergraduate degree and why the applicant or participating
parent wishes to pursue this occupation.
3. The labor market area in which the
applicant or participating parent plans to seek employment in this
occupation.
4. The "field directly
related to employment" in which the participating parent or applicant proposes
to complete the postsecondary degree and the following supporting information
that demonstrates the necessary connection between the parent's employment goal
and the field of study:
a. The job titles for
other occupations that can be pursued with this degree and field of
study.
b. A description of the
career exploration activities the parent has completed to gather this
information.
c. A justification for
the need of a four-year degree to achieve the occupational goal if the
applicant is seeking a four-year degree in a field in which a two-year degree
is commonly accepted for entry into the occupation.
5. A schedule that ensures that the applicant
or participating parent will complete the coursework necessary for a two-year
postsecondary undergraduate degree within three years and for a four-year
postsecondary undergraduate degree within five years or a shorter time period
if required by paragraph 6 or 7 below. The schedule should reflect
consideration of and address the individual's existing circumstances and
responsibilities that may reasonably affect the applicant's ability to maintain
the schedule and eligibility, such as the age of the participant's youngest
child, child care and transportation.
An initial schedule for degree completion may exceed the
three- and five-year time frames only when the applicant has provided
documentation, to the satisfaction of the commissioner, that additional time is
necessary for completion due to the effects of the applicant's disability.
Subsequent modifications to the schedule for degree completion may be made
pursuant to rule
2454.
6. A schedule reflecting that, when an
applicant has at least 15 credit hours of course credits that can be applied to
the degree being pursued, four months for every 15 credit hours of course work
that can be applied to the degree has been deducted from the three-year time
period allowed for a two-year postsecondary undergraduate degree or the
five-year time period allowed for a four-year postsecondary undergraduate
degree.
7. A schedule reflecting
that, when a participating parent who has already obtained a two-year
postsecondary undergraduate degree through participation in the PSE program is
pursuing a four-year postsecondary undergraduate degree, the time period that
was used to obtain the two-year degree has been subtracted from the five-year
time period allowed for a four-year degree.
8. The estimated cost per semester or
academic term, including tuition and fees that apply to all students, and the
financial resources the applicant or participating parent plans to use to pay
for these costs.
9. During the last
year of the degree program, the parent shall seek employment using the services
of the college's career placement office. If the college has no career
placement office, the parent shall seek employment using the services of the
Department of Labor's local career resource center.
10. The number of hours scheduled for class
time, the estimated number of hours needed for studying and preparing
coursework outside of the classroom, and the method of documenting and
verifying actual hours of participation and satisfactory progress.
Section 2452 Fields of
Study/Majors
(03/01/2017, 17-02)
The PSE plan review committee may require inclusion in the
PSE plan of one or more of the following activities whose purpose is to
strengthen the link between the chosen field of study and the attainment of the
stated occupational goal:
Paid employment, work-study position, practicum, internship,
clinical placement, laboratory or field work, some other paid or unpaid work
activity or experience that will substantially enhance the applicant's
employability in the occupation specified in the PSE plan.
Section 2453 Change in Occupation, Major,
Degree or College
(03/01/2017, 17-02)
The participating parent may apply to change the occupation,
major, field of study, postsecondary undergraduate degree, or college specified
in the PSE plan, as long as the participating parent can demonstrate the
ability to. complete the degree within the three-year time limit for a two-year
postsecondary undergraduate degree or the five-year time limit for a four-year
postsecondary undergraduate degree. If the participating parent proposes a
change in occupation, major, field of study, degree, or college, the
participating parent's case manager and academic advisor shall approve the
proposed change.
Section
2454 Modifications to Plan Schedule
Whenever a participating parent does not complete or receives
a failing grade for a course, the case manager shall meet with the parent to
determine if it is necessary to modify the current course completion schedule
to enable the parent to meet the time frames in 2406.2.A.5, 6, or 7.
A. When such modification cannot be
reasonably accomplished, the applicable time frame may be extended for verified
good cause reasons that are beyond the participating parent's control including
but not limited to the following:
-- The need to care for a family member with special
needs;
-- A serious physical or mental health problem of an expected
duration of greater than two weeks;
-- The learning disability of the participating
parent;
-- The effects of domestic violence;
-- The death or serious illness or accident of an immediate
family member or person residing in the household;
-- Some other equally disruptive set of circumstances as
determined by the case manager and approved by the case manager's supervisor;
or
-- The unavailability of courses essential to the major,
field of study or for general requirements of the college in a particular
semester.
B. An applicant
pursuing a two-year postsecondary undergraduate degree shall be granted only
one additional semester for good cause beyond the applicable time
limit.
C. An applicant pursuing a
four-year postsecondary undergraduate degree shall be granted only two
additional semesters for good cause beyond the applicable time limit.
Section 2460 Financial Assistance
(7/1/2015, 15-08)
A.
A. Participating parents determined to be otherwise eligible for financial
assistance under the applicable Reach Up regulations for income and resources
shall receive financial assistance equivalent to the Reach Up financial
assistance amount for which she or he would be eligible. The amount of PSE
financial assistance shall be determined and verified by the Reach Up rules and
regulations.
1. The amount of PSE financial
assistance is determined in accordance with Reach Up rules and shall fluctuate
as the family's circumstances change. The initial amount shall be determined at
the time of admission into the PSE program.
2. The initial financial assistance payment
shall be effective on the first day of the calendar month in which the
participating parent begins attending classes in the degree program, unless the
participating parent falls within the exception in rule
2460. A family may not receive
PSE financial assistance and a Reach Up financial assistance payment for the
same calendar month.
3. If the
deadline for the decision on an application was extended pursuant to rule
2429 and there is insufficient
time to terminate Reach Up financial assistance prior to the first day of the
month in which the participating parent begins attending classes in the
undergraduate degree program, Reach Up financial assistance shall continue for
that month in lieu of PSE financial assistance. PSE financial assistance shall
begin in the month following termination of Reach Up financial
assistance.
4. Subject to notice
requirements, eligibility for PSE financial assistance ends with the calendar
month in which the participating parent begins an interruption in PSE program
participation, receives the two-year or four-year degree specified in the PSE
plan, or the family becomes ineligible due to changes in family circumstances
.
B. Case managers shall
explain to participants who are found eligible for PSE financial assistance
that the amount of PSE financial assistance is like a Reach Up grant and it may
fluctuate from month to month.
C.
All Reach Up rules generally pertaining to Eligibility and Payment in rules
2200 through 2335 apply to the PSE program and are hereby incorporated into the
PSE rules with the following exceptions:
1.
Deadline for Application Processing rule 2210.3
2. Assistance Pending Fair Hearing rule
2215
3. Temporary Absence from the
Home rule 2230.3
4. Money Payment
rule 2216.2
Section
2461 Support Services
A. Support
services, including case management and other services that are directly
related to participation in the PSE program, shall be provided within the
limits of funds available to all PSE program participants regardless of whether
they are financially eligible to receive PSE financial assistance.
B. The following education-related needs may
be addressed by support services payments or reimbursements, as specified
below:
Books
Mandatory fees (excluding tuition)
Transportation and related costs (for example, car repairs,
insurance, registration, title fees, drivers license fees, bus pass or other
public transportation)
Education-related equipment and supplies
Clothing necessary for school program (for example,
internships, work study)
Relocation costs
Temporary housing
C. Although child care assistance is not
considered part of "support services" it may be available to participating
parents and shall be determined according to the Vermont Department for
Children and Families child care program regulations. PSE program case managers
shall make referrals to the community-based organization that administers the
child care program authorizing the number of child care hours needed to support
participation in the PSE program.
D. Requests for support services shall be
submitted to the participating parent's case manager. If the request for a
support service is denied, the participating parent shall be given written
notice of the denial, including the reasons for the denial and information
about the participating parent's right to appeal.
Section 2462 Pre-participation Services
Prior to the initiation of case management services pursuant
to 2411.2.A, assistance shall be available for:
A. Completion of all aspects of the financial
and non-financial application;
B.
Development of the initial PSE plan;
C. Determination of the amount of PSE
financial assistance;
D.
Identification of majors or fields of study that are the most closely related
to the applicant's occupational goals;
E. Identification of colleges that offer the
most appropriate programs to meet the applicant's occupational goals, taking
into consideration family obligations and financial constraints;
F. Application for financial assistance;
and
G. Coordination with D case
managers for applicants who are recipients of Reach Up financial
assistance.
Section 2470
Case Management
Case management is the primary connection between
participating parents and the PSE program. Case managers shall work closely
with participating parents to maximize the likelihood that they will complete
the PSE program successfully. Case managers will assist with eligibility
determinations, revision and review of PSE plans and career planning. Case
managers shall provide other assistance and support, as needed, including
counseling or referrals in areas such as academic advice, financial aid, social
services, and other state or federal benefit programs.
Section 2471 Availability of Case Management
A. Case management shall be available to all
participating parents in the PSE program from one month prior to the beginning
of the academic term in which they will be taking classes until the month of
their completion of the postsecondary undergraduate degree specified in their
last PSE plan.
B. Case management
shall be available to participating parents on-site at all colleges located in
Vermont. Participating parents shall also have access to their case managers
through a toll-free telephone line.
C. Case managers shall meet at least monthly,
or more often as needed, with each participating parent to review academic
progress, and support services, and generally to assist with PSE program
participation. Meeting may be in person by telephone, or by other means as
appropriate.
Section
2472 Case Management Services
Case management services shall include, but are not limited
to:
A. Assisting with the review and
revision of PSE plans;
B. Serving
on the PSE plan review committee;
C. Assisting participating parents to
identify majors or fields of study that are the most closely related to their
occupational goals when a change in occupational goal is proposed;
D. Assisting participating parents to
identify colleges that offer the most appropriate programs to meet their
occupational goals, taking into consideration family obligations and financial
constraints, when a change in occupational goal is proposed;
E. Assisting with identification of
appropriate resources for academic advice and counseling;
F. Considering and authorizing requests for
support services;
G. Scheduling
annual reviews of continuing eligibility for the PSE program;
H. Considering and determining whether there
is "good cause" for interruptions in PSE program participation and whether
extensions of time limits for completion of the PSE program should be
granted;
I. Assisting participating
parents to obtain and maintain community-based social services;
J. Referring participating parents to other
state and federal benefit programs for which they may be eligible;
K. Assisting participating parents to apply
for financial assistance, including tuition for summer programs available
through VSAC;
L. Providing
participating parents with information on and referrals to career placement
services;
M. Maintaining
participant records.
N. Attending
trainings and meetings, including district meetings of the Department for
Children and Families Economic Services Division to coordinate with Reach Up
case managers;
O. Providing
participating parents with written notice of decisions and appeal rights;
and
P. Participating in fair
hearings before the Human Services Board, as necessary.
Section 2473 Other Services
Other services that may be provided include:
A. Arranging support groups or informational
workshops for participating parents, and
B. Referring other family members for
community-based social services or state and federal benefit programs for which
they may be eligible.
Section
2474 Case Management During Leaves of Absence
(03/01/2017, 17-02)
A. While PSE financial assistance does not
continue during any leaves of absence from PSE, limited case management through
the PSE program shall be available for participating parents who are taking
leave of absence from the PSE program (rule 2486). Case management shall be
provided on an "as needed" basis during leaves of absence. Monthly case
management meetings are not required during interruptions in PSE program
participation. The focus of case management through the PSE program during
leaves of absence shall be to assist the participating parent with successful
re-entry to the PSE program.
B. For
participating parents who receive financial assistance through Reach Up during
a leave of absence from the PSE program participation, primary case management
shall be provided by their Reach Up case manager.
Section 2475 Conflict of Interest
Case managers shall avoid conflicts of interest between the
interests of the participating parent and the entity employing the case
manager, particularly when assisting participating parents in identifying
occupational goals, fields of study and majors most closely related to
occupational goals, and colleges offering appropriate programs in those majors
or fields of study.
Training provided to case managers shall include instruction
on how to identify and avoid conflicts of interest.
Section 2480 Annual Review
The case manager shall schedule an annual review with each
participating parent within 90 days prior to the beginning of the academic year
or term in which the participating parent will be taking courses. Changes in
PSE financial assistance shall be made as soon as administratively
possible.
Section 2481
Documentation
The participating parent shall provide the following
documentation as part of the annual review process:
A. Documentation to support determination of
continuing financial eligibility for the PSE program;
B. Documentation to support determination of
PSE financial assistance amount;
C.
Documentation of the employment status of the non-participating
parent;
D. Documentation of
eligibility for financial assistance from VSAC, which includes maintaining
non-probationary academic standing, and ability to meet tuition
costs;
E. Documentation of Vermont
residency;
F. Documentation that
the participating parent is making progress toward a degree;
G. Documentation of good academic
standing;
H. Documentation that the
parent is a member in good standing at the college she or he attends,
and;
I. Documentation, if
applicable, that employment will be reduced to no more than 20 hours per week
when the participating parent is taking one or more courses.
Section 2482 Review of PSE Plan
The existing PSE plan shall be reviewed and revised, as
needed. If a change in the occupation, major, field of study, postsecondary
undergraduate degree or college is proposed, the procedures in 2406.4 shall be
followed.
Section 2483
Conditions for Continuing Participation
The participating parent shall agree to the following
conditions:
A. Employment by the
participating parent shall be limited to 20 hours per week when school is in
session, with consideration given to 2402.1.D.8-9 if applicable. This
limitation on hours of employment shall not apply during vacations, periods
between terms or semesters, summer sessions, during periods for which the
participant has been granted an exception or any other term in which the
participating parent is not taking any courses.
B. Participating parents who receive PSE
financial assistance shall assign all child support rights to the D. The
participating parent shall apply for services from the Vermont Office of Child
Support (OCS), if not already receiving such services, and cooperate fully with
the OCS in their efforts to collect the assigned support. The department shall
deny or terminate assistance to participating parents who fail or refuse to
apply for services from OCS.
C. The
PSE financial assistance shall be accepted in lieu of Reach Up financial
assistance, if the participating parent is eligible for Reach Up financial
assistance.
D. The PSE financial
assistance shall be determined in the same way as Reach Up financial assistance
and may be adjusted because of fluctuations in family income or other changes
in the family circumstances during the course of the year.
E. During the last year of the degree
program, the participating parent shall seek employment using the services of
the college's career placement office. If the college has no career placement
office, the participating parent shall seek employment using the services of
the Department of Labor's local career resource center.
Section 2484 Non-participating Parents
Unable-to-Work
If the non-participating parent is not employed full time,
initial or continued compliance with 2403.6 is required.
Section 2485 Notice of Decision
Written notice of the annual review decision shall be
provided to the participating parent within 30 days of the annual review
meeting. The notice shall inform the participating parent whether she or he
continues to be eligible for the PSE program and the amount of PSE financial
assistance. If the participating parent is no longer eligible for the PSE
program the notice will include the reasons for these decisions and information
on appeal rights.
Section
2486 Leaves of Absence
(03/01/2017, 17-02)
A. A participating parent may take a leave of
absence for up to 12 consecutive months from the PSE program for any reason.
The participating parent must notify the case manager prior to taking the leave
of absence in order for the absence to not be considered a de facto withdrawal
from the PSE program.
B. A
participating parent wishing to return to the PSE program following a-leave of
absence shall be readmitted for the academic semester that immediately follows
the end of the leave of absence upon meeting the applicable financial and
non-financial continuing eligibility requirements.
C. Time taken for leaves of absence shall not
count against the applicable three or five-year time limits for completion of
the participating parent's PSE degree, except for any month during the approved
leave of absence for which the participating parent receives PSE financial
assistance, a living expense stipend or support services payments. (rule
2491.B)
D. A participating parent who is not
readmitted into the program for the academic semester immediately following the
end of the leave of absence shall be considered to have withdrawn from the
program.
Section 2487
Readmission
(03/01/2017, 17-02)
A participating parent who has withdrawn from the PSE program
may be readmitted to the PSE program once within a lifetime. Months in which
the participating parent previously received PSE financial assistance, a living
expense stipend, or support services payments shall count as part of the
three-year or five-year time limit to complete the degree.
Section 2488 Financial Support During
Interruptions
A. Families in which the
parent's participation in the PSE program is interrupted are not eligible to
receive PSE program financial assistance, stipend, or support
services.
B. Families in which the
parent's participation in the PSE program is interrupted may receive Reach Up
financial assistance if they meet the eligibility requirements for that
program.
Section 2490
Time Limits for Participation
(03/01/2017, 17-02)
A. Participating parents in the PSE program
shall have three years to complete a two-year postsecondary undergraduate
degree and five years to complete a four-year postsecondary undergraduate
degree. Three years shall consist of thirty-six cumulative months. Five years
shall consist of sixty cumulative months.
B. Each month in which the participating
parent receives PSE financial assistance, a living expense stipend or support
services payments shall be counted as part of the three-year or five-year time
limit for PSE participation, whether or not the participating parent was taking
one or more courses during that month. This shall include any month during a
leave of absence pursuant to rule
2486 for which the participating
parent receives a living expense stipend, PSE financial assistance, or support
service payments.
Section
2491 Termination from PSE
Participating parents shall receive notice of termination
from the PSE program for the following reasons:
A. Annual Review
1. Failure to meet the financial or
non-financial eligibility requirements of 2402.2 at the time of annual review
pursuant to 2412.
2. Failure,
without good cause, to cooperate with a scheduled annual review pursuant to
2412.1.
3. Failure, without good
cause, to provide documentation for an annual review pursuant to
2412.2.
4. Failure to agree to the
conditions of continuing participation pursuant to 2412.4.
B. On-Going Eligibility
1. Failure to Comply with Residency or
Limitation on Employment Requirements
a. If
at any time the case manager becomes aware that the parent no longer meets the
requirements for limitation on employment pursuant to 2402.2.C.4 or for Vermont
residency pursuant to 2402.2.C.6, the case manager shall notify the
participating parent that the parent has thirty days to cure the
non-compliance.
b. Within 30 days
of the receipt of notice from the case manager, the participating parent shall
provide documentation of compliance with the requirements of 2402.2.C.4 or
2402.2.C.6. If documentation of compliance is not provided within 30 days, the
participating parent shall receive notice of termination.
A participating parent may receive extensions of 30 days at a
time to comply with 2402.2.C.6 if:
-- the reason for change of residency was for a verified good
cause reason beyond the participating parent's control, including but not
limited to, loss of housing and inability to find housing in Vermont, the
effects of domestic violence, or some other equally disruptive set of
circumstances as determined by the case manager and approved by the case
manager's supervisor, and
-- the participating parent intends to return to Vermont as
evidenced by ongoing efforts to find housing in Vermont.
2. Failure to make progress toward
a degree that cannot be cured by modifications to the schedule for program
completion in 2406.5.
3. Failure to
maintain status as a member in good standing of the college.
4. Failure to cooperate with program
requirements (examples include failure without good cause to meet with the case
manager within a 60-day period or failure to follow through on modification of
the PSE plan when required under 2406.4. Failure to comply with child support
assignment and cooperation requirements shall result in the sanctions as
applicable to Reach Up grants in the Reach Up program.
5. Voluntary withdrawal from the PSE program
or from college, unless the participating parent plans to attend a different
college and the change in college has been approved pursuant to
2406.4.
6. Defacto withdrawal from
the program (an example is a participating parent stops attending classes for
at least 60 days and fails to respond to the case manager's efforts meet with
him or her).
7. A determination
that an affirmative initial or annual continuing financial eligibility decision
was incorrect due to inaccurate or incomplete information regarding the
household's income.
8. Failure to
maintain qualifying status as a Vermont resident parent who has physical
custody of and resides with a dependent child. Termination of financial
assistance shall occur immediately following proper notice. Termination of case
management services will occur at the end of the semester during which the
parent is determined to no longer qualify for the program.
Section 2492 Notice and
Appeal Rights
A. Applicants shall be given
written information of their appeal rights at the time of application.
Applicants and participating parents also shall be given written information
about their appeal rights each time they receive a written notice of an adverse
action or decision. The written notice shall include the reasons for the
adverse action or decision, where and how appeals may be initiated, where a
person can obtain a copy of the Human Services Board rules, and where to obtain
legal representation.
B. Applicants
and participating parents have the right to appeal decisions relating to all
aspects of their eligibility for the PSE program, the amount of PSE financial
assistance, support services, approval of the PSE plan, approval of good cause,
and the violations of timelines for these decisions. The right to appeal
includes the right to request a fair hearing before the Human Services
Board.
C. A request for fair
hearing must be made within 90 days of the date the written notice of the
decision being appealed was mailed.
D. When adverse action results in termination
of eligibility for the PSE program the commissioner shall mail notice of the
determination to the participating parent at least 15 days before the effective
date of the adverse action. The participating parent shall have 5 days from the
date the notice is received to submit to the case manager a written request for
a review of the determination. The parent's request for review shall include
any information the parent wants considered to rebut the reasons for the change
given in the notice. No adverse action shall be taken while the review is
pending.
The commissioner's impartial designee shall review the
parent's request and issue notice of the decision within 5 days of receipt of
the review request and at least 5 days before the effective date of
termination. If a parent does not request a review or the requested review
decision remains unfavorable to the parent, the parent may appeal the decision
to the human services board.
E. When an action terminating a PSE program
benefit based on non-financial eligibility criteria is appealed, the benefit
shall not continue at the prior level pending the outcome of the appeal.
Retroactive coverage shall be provided in any case in which the Human Services
Board reverses the action that was appealed.
F. When an action reducing or terminating PSE
financial assistance is limited to and based on the family's income, resources
or both, a request for a hearing, either oral or written, made within 10 days
of the mailing date of a notice of decision to decrease or terminate assistance
may preclude the department from implementing the proposed adverse action.
Reach Up rule 2218.2 is applicable to continuing assistance, recoupment, and
retroactive payments.
