DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

ORDER

1203 Scholarship Incentive Program (ScIP)

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 14 Del.C. §§ 122(b)(8), 181(15), 183, 3402(c), and 3411, the Delaware Department of Education ("Department"), through the Delaware Higher Education Office ("DHEO"), proposes to amend 14 DE Admin. Code 1203 Scholarship Incentive Program (ScIP). The Scholarship Incentive Program is a student financial assistance for higher education program that is administered by DHEO. The regulation provides the application process, eligibility criteria, and award process for the Scholarship Incentive Program. The proposed amendments include revising Section 2.0, revising the eligibility requirements for the program in subsections 4.1.2.3, 4.1.3, and 5.4, and making other clarifying changes throughout the regulation. The proposed amendments are consistent with House Bill 480 of the 151st General Assembly, which was signed into law on August 25, 2022. In addition, the Department proposes to renumber the regulation from 1203 to 1210.

Notice of the proposed regulation was published in the Register of Regulations on January 1, 2023. The Department received written submittals from Ann C. Fisher, Chairperson of the Governor's Advisory Council for Exceptional Citizens ("GACEC"), and Benjamin Shrader, Chairperson of the State Council for Persons with Disabilities ("SCPD"), concerning the proposed regulation. Ms. Fisher commented that GACEC supports the proposed regulation "as it adds clarity for individuals seeking financial assistance in education." Mr. Shrader commented that SCPD supports the proposed regulation "as it adds clarity to those seeking financial assistance in education."

II. FINDINGS OF FACTS

The Department considered GACEC's and SCPD's written submittals and finds that further changes as a result of the written submittals are not necessary. The Department further finds that House Bill 480 of the 151st General Assembly amended Title 14, Chapter 34 of the Delaware Code, effective August 25, 2022, and that the proposed amendments to the regulation are necessary.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1203 Scholarship Incentive Program (ScIP) subject to the State Board of Education's approval. On February 16, 2023, the State Board of Education approved amending 14 DE Admin. Code 1203 Scholarship Incentive Program (ScIP). Therefore, pursuant to 14 Del.C. §§ 122(b)(8), 181(15), 183, 3402(c), and 3411, 14 DE Admin. Code 1203 Scholarship Incentive Program (ScIP), attached hereto as Exhibit A, is hereby amended.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 1203 Scholarship Incentive Program (ScIP) amended hereby shall be in the form attached hereto as Exhibit A and said regulation shall be cited 14 DE Admin. Code 1210 Scholarship Incentive Program (ScIP) in the Administrative Code of Regulations for the Department.

V. EFFECTIVE DATE OF ORDER

The effective date of this Order shall be ten days from the date this Order is published in the Register of Regulations.

IT IS SO ORDERED the 16th day of February, 2023.

Department of Education

Mark A. Holodick, Ed.D., Secretary of Education

Approved this 16th day of February, 2023.

State Board of Education

*Please note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).

1203 1210 Scholarship Incentive Program (ScIP)

The purpose of this regulation is to provide eligibility criteria and to delineate the application process and award processes for the Scholarship Incentive Program (ScIP), pursuant to 14 Del.C. §3411.

The following words and terms, when used in this regulation, shall have the following meaning:

“Delaware Higher Education Office” or “DHEO” means the Department of Education's office which administers specific programs related to higher education, including, but not limited to, scholarship and loan student financial assistance programs.

"Direct Educational Expenses" means tuition, mandatory fees, room, board, books, and supplies.

"Expected Family Contribution” or “EFC" means a number that is calculated using the financial information an applicant provides on the applicant’s Free Application for Federal Student Aid (FAFSA) to determine an applicant's eligibility for federal student aid.

“Free Application for Federal Student Aid” or “FAFSA” means the data supplied in connection with the federal government's application for federal financial aid which DHEO uses to determine an applicant's eligibility for a ScIP scholarship.

"Full-Time Student" means a student enrolled in a minimum of college credit hours as required by the student’s college or university for full-time status. Generally, for an undergraduate program, this is a minimum of 12 credit hours per term and for a graduate program, a minimum of 9 credit hours.

"Graduate Student" means a full-time student enrolled in a post-baccalaureate program.

"Resident of the State" means an applicant who meets the definition of residency as defined in 14 Del.C. §3402(f).

“Satisfactory Academic Progress” means that a student is successfully completing coursework according to the standards of the college or university in which the student is enrolled and the student is eligible to continue to receive financial aid.

"Semester" means a half-year term in a school or college, typically lasting 15 to 18 weeks.

"Student Account Access Site" means the webpage on the DHEO's website where students can access scholarship opportunities.

"Undergraduate Student" means a full-time student at a regionally accredited college or university who has not yet earned a bachelor's or equivalent degree.

3.1 The application acceptance and submission period for the ScIP scholarship shall be posted on the DHEO's website by December 1 of each calendar year.

3.1.1 Applications shall not be accepted outside of the posted application acceptance period under any circumstances.

3.1.2 Incomplete applications shall not be accepted or processed.

3.2 In order for an application to be considered complete, an applicant must:

3.2.1 Complete the FAFSA for the school year in which the scholarship is sought by the state deadline for Delaware that is posted online at FAFSA.ed.gov.

3.2.2 Complete an online application through the Student Account Access Site by the last date of the application acceptance period.

3.2.3 Submit the applicant's major and the name of the higher education institution with regional accreditation from an accrediting agency recognized by the U.S. Secretary of Education in which the applicant will be enrolled for the school year in which the scholarship is sought through the Student Account Access Site by the last date of the application acceptance period.

3.2.3.1 Applicants may update their enrollment information on the Student Account Access Site through the last date of the application acceptance period.

3.2.3.2 A first time applicant must establish an account and provide the applicant’s valid email address and permanent mailing address before being permitted to submit the information required in subsection 3.2.3 of this regulation.

4.1 Applicants must meet all of the following requirements to be eligible for the ScIP:

4.1.1 Be a Resident of the State Meet the definition of residency as defined in 14 Del.C. §3402(f); and

4.1.2 Be a Full-Time Student enrolled in:

4.1.2.1 An undergraduate degree program at a higher education institution that is located in Delaware and has regional accreditation from an accrediting agency recognized by the U.S. Secretary of Education; or

4.1.2.2 An undergraduate degree program at a higher education institution that is located outside of Delaware and has regional accreditation from an accrediting agency recognized by the U.S. Secretary of Education and that is not offered by a publicly assisted college or university in Delaware; or

4.1.2.3 A graduate or professional education degree program at a higher education institution that is located outside of Delaware and has regional accreditation from an accrediting agency recognized by the U.S. Secretary of Education and that is not offered by a publicly assisted college or university in Delaware and is in pursuit of a degree that is deemed in the best interest of the State.

4.1.3 Be making Satisfactory Academic Progress.

5.1 DHEO determines the number and amount of scholarships to be awarded annually. The number and amount of awards each year will vary and is based on and subject to DHEO receiving funds appropriated for the ScIP.

5.1.1 If DHEO receives funds appropriated for the ScIP, DHEO may allocate up to 80% of the total amount of funds received for awards for eligible Undergraduate Students and up to 20% of the total amount of funds received for awards for eligible Graduate Students provided that DHEO receives applications from both Undergraduate and Graduate Students in a given year.

5.2 To determine an applicant’s financial need for the purpose of ScIP, DHEO will consider the applicant’s EFC; the expense of attending the college or university in which the applicant is enrolled; and the applicant’s eligibility for Pell grants and other federal, state, or private grant assistance. For the purpose of this regulation, EFC means the Expected Family Contribution, which is the number that is calculated using the financial information an applicant provides on the applicant's Free Application for Federal Student Aid (FAFSA) to determine the applicant's eligibility for federal student aid.

5.3 An award shall be used for, and not in excess of, Direct Educational Expenses tuition, mandatory fees, room, board, books, and other direct and indirect educational expenses.

5.4 An award shall not be renewable. Students must submit a new application each school year, maintain Satisfactory Academic Progress at their educational institution, and continue to meet the other eligibility requirements set forth in Section 4.0.

5.5 No student may receive more than five 5 annual scholarships for either undergraduate or graduate study.

6.1 DHEO shall contact a recipient's college or university to verify the recipient's financial and enrollment status and to verify that the student is making Satisfactory Academic Progress each Semester semester prior to the scholarship funds being disbursed.

6.2 All payments shall be disbursed directly to the eligible recipient's college or university only.

6.3 If a recipient withdraws from school or otherwise does not qualify for full payment at the end of the add/drop period for a semester, DHEO will apply the refund policy policies set forth in 14 Del.C. §3402(k).