Final Text
CHAPTER 40
COLLEGE SCHOLARSHIP ASSISTANCE PROGRAM REGULATIONS (REPEALED)
Part I
Definitions
8VAC40-40-10. Definitions. (Repealed.)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
"Academic year" means the enrollment period which
normally extends from late August to May or June.
"Accredited" means an institution approved to
confer degrees pursuant to the provisions of § 23-9.5 or §§ 23-265 through
23-276 of the Code of Virginia.
"Applicant" means any student who is a
domiciliary resident of Virginia and who has completed an approved application
for need-based aid and filed the application by the closing date established by
the participating institution at which the student will enroll.
"Cost of attendance" means the sum of tuition,
fees, room, board, books and supplies, and other education related expenses, as
determined by an institution for purposes of calculating a student's financial
need and awarding federal campus-based student aid funds.
"Council" means the State Council of Higher
Education for Virginia.
"Domiciliary resident" means a student who is
determined by the council or by a participating institution to meet the
definition of a domiciliary resident of Virginia eligible for in-state tuition
rates as specified under § 23-7.4 of the Code of Virginia.
"Eligible course of study" means a curriculum of
courses at or below the baccalaureate degree level which requires at least one
academic year to complete. Programs that provide religious training or
theological education are not eligible courses of study under the College
Scholarship Assistance Program. Programs in the 39.xxxx series, as classified
in the National Education Center for Educational Statistics' Classification of
Instructional Programs (CIP), are not eligible programs.
"Eligible institution" means a public or private,
accredited, nonprofit degree-granting institution of higher education in
Virginia whose primary purpose is to provide collegiate education and not to
provide religious training or theological education.
"Exceptional financial need" means a student's
Expected Family Contribution (EFC) is less than one-half of the student's total
Cost of Attendance, as determined by an eligible institution.
"Expected Family Contribution" (EFC) means the
amount the student and the student's family is expected to contribute toward
the cost of college attendance. A student's EFC will be determined by the
federal need analysis method used for Title IV programs. The institution may
exercise professional judgment to adjust the student's EFC, as permitted under
federal law, based on factors which affect the family's ability to pay.
"Financial need" means any positive difference
between a student's Cost of Attendance and the student's Expected Family
Contribution.
"Fiscal year" means the period extending from
July 1 to June 30.
"Full-time study" means enrollment for at least
12 credit hours per semester or its equivalent. The total hours counted will
not include courses taken for audit, but may include required developmental or
remedial courses and other elective credit courses which normally are not
counted toward a certificate, diploma, or degree at the institution.
"Gift assistance" means financial aid in the form
of scholarships, grants, and other sources that do not require work, repayment,
or use of endowment funds.
"Part-time study" means enrollment for six to 11
credit hours per semester or its equivalent. The total hours counted will not
include courses taken for audit but may include required development or remedial
courses and other elective credit courses which normally are not counted toward
a certificate, diploma or degree at the institution.
"Participating institution" means any eligible
postsecondary institution which has been approved by the council to participate
in the College Scholarship Assistance Program.
"Program" means the College Scholarship
Assistance Program (CSAP).
"Remaining need" means any positive difference
between a student's financial need and the sum of all gift assistance.
"Undergraduate student" means a student in a
program leading to an associate's or bachelor's degree who has not earned a
bachelor's or higher degree, and who is not classified by the institution as a
"professional" or "graduate" student.
Part II
Institutional Participation
8VAC40-40-20. Application procedures. (Repealed.)
To participate in the program, eligible institutions not
previously approved by the council to participate must file formal application
with the council no later than January 31 of the calendar year preceding the
calendar year in which fall term grants would first be available to students.
Applications shall be addressed to the council's Financial
Aid Coordinator and shall include:
1. Estimates of the number of students who would be eligible
to receive grants under the program in the first and second years of
participation;
2. A copy of the Fiscal Operations Report and Application to
Participate in Federal Student Financial Aid Programs (FISAP);
3. A copy of the most recent independent audit of financial
aid programs, as required under the federal Single Audit Act; and
4. Certifications from the institution's chief executive
officer that the institution:
a. Meets eligibility requirements for participation,
namely, that it is an accredited, nonprofit, Virginia degree-granting
institution of higher education whose primary purpose is not to provide
religious training or theological education;
b. Will furnish whatever data the council may request in
order to verify its institutional eligibility claims to the satisfaction of the
council;
c. Will promptly notify the council within 30 days
following any change in governance or mission that may affect the institution's
status as an eligible institution; and
d. By its governing body has authorized its adherence to
the requirements of this chapter, as the same are now constituted or hereafter
amended, until such time as the institution may withdraw from participation in
the program.
All documents must be on file before any funds are
disbursed.
Part III
Distribution of Funds
8VAC40-40-30. Institutional allocations. (Repealed.)
Participating institutions will receive from the council on
or before an annually established date a notice of the amount of CSAP funds projected
to be available for the next fiscal year. Final notice of available funds is
dependent on provisions of federal funds.
Institutional allocations will be based on the aggregate
remaining need for grant funds as demonstrated by CSAP eligible applicants
enrolled at each participating institution. The council will calculate the
aggregate remaining need using data reported by the institution in the fall
preceding the fiscal year for which the allocation will be made.
The aggregate remaining need for grant funds is the sum of
the positive remaining need of all CSAP eligible applicants enrolled for at
least part-time study at a participating institution. For purposes of this
calculation, an individual student's remaining need is calculated as follows:
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The aggregate remaining need of an individual institution,
expressed as a percentage of the statewide aggregate remaining need of all
participating institutions, determines the institution's share of the program
funds.
Eligible students at institutions approved to participate
in the program beginning in a specific year will be assured equal access to the
total available program funds based on their aggregate remaining financial
need. Equal access may result in the reduction of funds at other participating institutions
if new funds are not provided for the additional students.
8VAC40-40-40. Reallocations of unused funds. (Repealed.)
Upon request by the council, participating institutions
shall report to the council the amount of any funds which will not be used by
the end of the fiscal year or the amount of additional funds above the level of
the allocation which could be used if additional funds were available. The
council's estimate of unused funds will be substituted for the institution's
where the institution fails to file a fund usage report.
On or before an annually established date, the council will
notify institutions that request additional funds of the amount of any
supplemental allocations. Supplemental allocations will be based on the
financial need of the students at institutions requesting additional funds, the
amount of the funds requested, and the amount of funds available for
reallocation.
8VAC40-40-50. Use of funds. (Repealed.)
An institution shall establish and maintain financial
records that accurately reflect all program transactions as they occur. The
institution shall establish and maintain general ledger control accounts and
related subsidiary accounts that identify each program transaction and separate
those transactions from all other institutional financial activity. Program
funds shall be deposited in a noninterest bearing account established and
maintained exclusively for that purpose. Funds may only be disbursed to student
accounts receivable or to the council. All unused funds must be returned to the
council no later than the end of the fiscal year.
Funds received by the institutions under the program may be
used only to pay awards to students. The funds are held in trust on behalf of
the Commonwealth of Virginia by the institutions for the intended student
beneficiaries and may not be used for any other purpose.
Part IV
Student Eligibility
8VAC40-40-60. Student eligibility. (Repealed.)
In order to be eligible to receive an award under the
program, the applicant must:
1. Be a domiciliary resident of Virginia eligible for in-state
tuition rates as defined in § 23-7.4 of the Code of Virginia;
2. Be maintaining satisfactory academic progress as defined
by the participating institution for purposes of determining eligibility for
federal Title IV student aid funds;
3. Not be in default on a federal student loan, owe a refund
on a federal grant, or be ineligible on any other legal grounds to receive
federal student aid funds which comprise a portion of the individual awards
made under the program;
4. Meet the criterion of exceptional need and demonstrate a
positive financial need for grant aid, as determined by the participating
institution; and
5. Be enrolled for at least part-time study in an eligible
course of study at a participating institution.
Part V
Awards
8VAC40-40-70. Criteria for determining financial need. (Repealed.)
An institution shall determine a student's financial need
using the federal method of need analysis. An award under the program will be
set by the institution so that the student's total financial aid, including the
program award, will not exceed the student's financial need.
8VAC40-40-80. Priorities in making awards. (Repealed.)
Because the number of eligible applicants will normally
exceed the number that can be assisted with the CSAP funds allocated to an
institution, the institutional aid officer's professional recommendation will
determine which candidates receive CSAP awards as well as the specific amount
of each individual's award.
In determining each student's need for additional grant
aid, the institutional aid officer may consider the individual student's
educational need, family financial circumstances, the amount of other types of
aid (e.g., loans, work-study) available to the student, and any unique
circumstances affecting the student's ability to enroll and complete a course
of study.
8VAC40-40-90. Individual awards. (Repealed.)
Individual awards are to be made for the academic year, a
portion thereof, or the summer term. The maximum individual award for the
academic year shall not exceed any award limit set forth in the Appropriations
Act.
8VAC40-40-100. Preventing overawards. (Repealed.)
Should additional aid or reports of income changes be
received after the initial CSAP award has been included in a student's
financial aid package, the student's package should be reviewed to ensure that
total aid does not exceed need. Procedures followed will be identical to those
required for adjusting awards under the federal campus-based financial aid
programs.
Part VI
Administration
8VAC40-40-110. The council. (Repealed.)
The council will provide assistance, interpretation of
policy and regulations, and guidance to the institutions in their handling of
administrative matters.
8VAC40-40-120. Participating institutions. (Repealed.)
Institutions shall:
1. Act as an agent for the council to evaluate student
eligibility, select award recipients and determine individual award amounts, in
accordance with the criteria set forth in this chapter;
2. Provide information which the council may require to
ensure that CSAP recipients do not receive grant funds in excess of their
actual financial need;
3. Certify that the recipients are enrolled for at least
part-time study, are making satisfactory progress in eligible courses of study,
and, to the extent that federal funds comprise a part of the awards, meet all
applicable criteria prescribed by federal laws and regulations for recipients
of federal funds;
4. Secure and provide to the council such information
regarding student award recipients as the council deems necessary for the
proper administration of the program;
5. Act, with the student's authorization, as the student's
agent to receive and hold funds for use as student assistance under the
program; and
6. Furnish periodic reports and other pertinent information
as may be required by the council. The reports shall include but not be limited
to copies of institutional financial aid audit reports and audited financial
statements.
The institution's chief executive officer shall designate
one individual at the institution to act as the primary representative of the
institution in all matters pertaining to the administration of the program. The
chief executive officer shall, in addition, indicate whether the primary
institutional representative may designate a single subordinate who may act as
an alternate representative for routine administrative operational matters at
the campus. At multi-campus institutions, an alternate representative may be
designated for each branch campus if the chief executive officer authorizes the
appointment of alternate representatives. If there is a change in the primary
representative, the chief executive officer shall designate another individual
and notify the council within 30 days, in writing, of the change. It is the
responsibility of the primary representative to advise the council in a similar
fashion of changes in alternate representative(s), if any.
8VAC40-40-130. Responsibility of recipients. (Repealed.)
A recipient of an award under the program shall notify the
institution, in writing, of any name or permanent address changes.