Section 1. Definitions.
(1) "Academic term" means the fall or spring
semester or their equivalence under a trimester or quarter system at a
postsecondary education institution.
(2) "Academic year" means a period of time,
usually eight (8) or nine (9) months, during which a full-time student would
normally be expected to complete the equivalent of two (2) semesters, two (2)
trimesters, three (3) quarters, 900 clock hours, twenty-four (24) semester
hours, or thirty-six (36) quarter hours of instruction.
(3) "Authority" is defined by
KRS
164.740(1).
(4) "College Access Program" or "CAP" means
the program of student financial assistance grants authorized under
KRS
164.7535 to assist financially needy
part-time and full-time undergraduate students attending an educational
institution.
(5) "Correspondence
course" means a home study course that:
(a) Is
provided by an educational institution under which the institution provides
instructional materials, including examinations on the materials, to students
who are not physically attending classes at the institution; and
(b) Meets the following requirements:
1. When a student completes a portion of the
instructional materials, the student takes the examinations that relate to that
portion of the materials, and returns the examinations to the institution for
grading;
2. The institution
provides instruction through the use of video cassettes or video discs in an
academic year, unless the institution also delivers the instruction on the
cassette or disc to students physically attending classes at an institution
during the same academic year; and
3. If a course is part correspondence and
part residential training, the course shall be considered to be a
correspondence course.
(6) "Educational expenses" means tuition and
fees, books and supplies, room and board or reasonable living expenses,
reasonable miscellaneous personal expenses, and reasonable transportation costs
for the academic period of the grant application.
(7) "Educational institution" means a
participating institution located in Kentucky which:
(a) Offers an eligible program of
study;
(b) As a condition of
enrollment as a regular student, requires that the person:
1. Have a certificate of graduation from a
school providing secondary education, or the equivalent of a certificate;
or
2.
a. Be beyond the age of compulsory attendance
in Kentucky; and
b. Have the ability
to benefit from the training offered by the institution;
(c) Either:
1. Has its headquarters or main campus in
Kentucky; or
2. If based outside of
Kentucky, offers no more than forty-nine (49) percent of the courses offered in
Kentucky as online courses; and
(d)
1. For
purposes of the College Access Program, is a public or private participating
institution; or
2. For purposes of
the Kentucky Tuition Grant Program, is a private independent college or
university, accredited by a regional accrediting association recognized by the
United States Department of Education, that is a participating institution
whose institutional programs are not comprised solely of sectarian
instruction.
(8) "Eligible institution" is defined by
KRS
164.740(4).
(9) "Eligible noncitizen" means an individual
who is:
(a) Either:
1. A U.S. national;
2. A U.S. permanent resident with an Alien
Registration Receipt Card (1-151 or 1-551); or
3. A person with a Departure Record (I-94)
from the U.S. Immigration and Naturalization Service showing any one (1) of the
following designations:
a.
"Refugee";
b. "Asylum
granted";
c. "Indefinite parole" or
"humanitarian parole"; or
d.
"Cuban-Haitian entrant"; and
(b) Not in the United States on a:
1. F1 or F2 student visa;
2. J1 or J2 exchange visa; or
3. G series visa.
(10) "Eligible program of study"
means an undergraduate program, of a least two (2) academic years' duration,
offered by an educational institution which:
(a) For purposes of the KTG or CAP Grant
Programs, leads to a degree; or
(b)
For purposes of only the CAP Grant Program:
1. Leads to a certificate or diploma while
attending a publicly operated vocational-technical institution; or
2. Is designated as an equivalent
undergraduate program of study by the Council on Post-secondary
Education.
(11)
"Expected family contribution" means the amount that a student and his family
are expected to contribute toward the cost of the student's education
determined by applying the federal methodology established in
20 U.S.C. 1087kk
through
1087vv to the
information that the student and his family provided on the
application.
(12) "Federal act" is
defined by
KRS
164.740(8) and means
20 U.S.C.
1001 through 1146a.
(13) "Full-time student" means an enrolled
student who is carrying a full-time academic workload:
(a) That may include any combination of
courses, work, research, or special studies that the institution considers
sufficient to classify the student as a full-time student, except that
correspondence courses shall not be counted in determining the student's
full-time status; and
(b) As
determined by the institution under a standard applicable to all students
enrolled in a particular educational program, except that for an undergraduate
student, an institution's minimum standard shall equal or exceed one (1) of the
following minimum requirements:
1. Twelve (12)
semester hours or eighteen (18) quarter hours per academic term in an
educational program using a semester, trimester, or quarter system;
2. Twenty-four (24) semester hours or
thirty-six (36) quarter hours per academic year for an educational program
using credit hours, but not using a semester, trimester, or quarter system, or
the prorated equivalent for a program of less than one (1) academic
year;
3. Twenty-four (24) clock
hours per week for an educational program using clock hours;
4. In an educational program using both
credit and clock hours, any combination of credit and clock hours if the sum of
the following fractions is equal to or greater than one (1):
a. For a program using a semester, trimester,
or quarter system, the number of credit hours per term divided by twelve (12)
and the number of clock hours per week divided by twenty-four (24); or
b. For a program not using a
semester, trimester, or quarter system, the number of semester or trimester
hours per academic year divided by twenty-four (24), the number of quarter
hours per academic year divided by thirty-six (36), and the number of clock
hours per week divided by twenty-four (24);
5. A series of courses or seminars that
equals twelve (12) semester hours or twenty-four (24) quarter hours in a
maximum of eighteen (18) weeks; or
6. The work portion of a cooperative
education program in which the amount of work performed is equivalent to the
academic workload of a full-time student.
(14) "Grant" is defined by
KRS
164.740(9).
(15) "Kentucky Tuition Grant" or "KTG" means
the program of student financial assistance grants authorized by
KRS
164.780 and
164.785
for residents of Kentucky who bear the major costs of attending an educational
institution and who demonstrate financial need.
(16) "KHEAA grant" means an award of a
student financial assistance grant under the College Access Program or the
Kentucky Tuition Grant Program or a combination of the two (2).
(17) "KHEAA grant limit" means an aggregate
limitation on KHEAA grant awards:
(a) That
are made to an individual for all academic years of the eligible program of
study in which the student receives a KHEAA grant (including any KHEAA grant
limit previously used in a different eligible program of study or at a
different educational institution); and
(b) That shall be:
1. Measured in terms of the applicable
percentage of the maximum KHEAA grant that would have been disbursed for the
academic year to a full-time student and not fully refunded;
2. Depleted each academic term by
subtracting, from the applicable percentage, the percentage used for the
academic term, derived by dividing the net amount of KHEAA grant disbursed for
the academic term by the maximum KHEAA grant award for the academic year that
would have been disbursed to a full-time student, using the then current
maximum KHEAA grant; and
3. Based
upon the following applicable percentages representing the aggregate limitation
of KHEAA grant awards:
a. 200 percent for a
student enrolled in a two (2) year eligible program of study; or
b. 400 percent for a student enrolled in a
four (4) year eligible program of study.
(18) "KHEAA grant program officer"
or "KGPO" means the official designated on the administrative agreement,
pursuant to
KRS
164.748(6), to serve as the
educational institution's on-campus agent to certify all institutional
transactions and activities with respect to the authority's grant
programs.
(19) "On-ground course"
means a course that meets the following criteria:
(a) Instruction is delivered face-to-face,
typically in a lecture-style format, in a setting in which the student and the
instructor are in the same physical location on the educational institution's
campus; and
(b) Is not an online
course.
(20) "Online
course" means a course for which any portion of the instruction is transmitted
electronically over telecommunication lines or the Internet.
(21) "Overaward" means receipt of financial
assistance from all sources in excess of a student's need determined in
accordance with
11 KAR
5:130 through
11 KAR
5:145.
(22) "Participating institution" is defined
in
KRS
164.740(14).
(23) "Part-time student" means an enrolled
student who is carrying an academic workload:
(a) That may include any combination of
courses, work, research, or special studies that the institution considers
sufficient to classify the student as at least a half-time student, except that
correspondence courses shall not be counted in determining the student's
part-time status; and
(b) As
determined by the institution under a standard applicable to all students
enrolled in a particular educational program, except that for an undergraduate
student, an institution's minimum standard shall equal or exceed one (1) of the
following minimum requirements:
1. At least
six (6) semester hours per semester;
2. Six (6) quarter hours per quarter;
or
3. Half of the academic workload
of a full-time student as determined by the educational institution.
(24) "Pell Grant" means
an award under the federal Pell Grant Program operated by the secretary under
the provisions of
20
U.S.C. 1070a.
(25) "Resident of Kentucky" or "resident"
means a person who is determined by the participating institution to be a
resident of Kentucky in accordance with the criteria established in
13
KAR 2:045.
(26) "Total cost of education" means an
amount determined for an academic year for each applicant by the following
formula: normal tuition and fees charged by the institution chosen by the
applicant, plus maximum board contract amount, plus minimum room contract
amount.