Volume 42 - Issue 9 - March 2, 2023
State of Kansas
Board of Regents
Permanent Administrative Regulations
Article 9a.—KANSAS PROMISE SCHOLARSHIP
88-9a-1. Definitions. Each of the following terms, when used in this article of the board of regents’ regulations in reference to the Kansas promise scholarship act, shall have the meaning specified in this regulation:
(a) “Academic year” means the period of time beginning with July 1 of one calendar year and ending with June 30 of the next calendar year.
(b) “Associate degree transfer program” means a program that meets the requirements in K.S.A. 2021 Supp. 74-32,272(d)(1)(A) or 74-32,272(d)(1)(B) and amendments thereto. Associate degree transfer programs typically include the associate of arts, associate of science, associate of general studies, and associate of fine arts, each of which provides the academic knowledge and skills necessary to prepare the student for continuation of the student’s postsecondary education at an institution that offers four-year baccalaureate degree programs.
(c) “Award date” means the scholarship recipient’s first day of class in the semester, trimester, or other academic period for which any part of the student’s tuition, fees, books, or supplies are first funded by the Kansas promise scholarship.
(d) “Complete the free application for federal student aid (FAFSA)” means that the student has a completed FAFSA application on file with the institution at which the student is applying for a promise scholarship. A completed FAFSA application is one that has produced a valid institutional student information record (ISIR) and is free of error codes that would render the student ineligible for federal student financial aid. A valid ISIR is one that has not been rejected and has been assigned an expected family contribution (EFC) or student aid index (SAI).
(e) “Continuously enrolled” means successfully completing at least six credit hours per academic year in successive academic years.
(f) “Full-time student” means that the student is enrolled in 12 or more credit hours in each semester in which the student is enrolled.
(g) “Kansas resident” means domiciliary resident, as defined in K.S.A. 71-407 and amendments thereto.
(h) “Last dollar scholarship” means a scholarship award that can be applied toward a student’s tuition, fees, or required books and materials only after all of the student’s other financial aid awards have been applied. Other financial aid awards shall include any grant, scholarship, or financial assistance that does not require repayment and is not earned through a work study program. Military financial educational benefits and any family postsecondary savings account or other qualified tuition program established pursuant to section 529 of the internal revenue code of 1986 shall not be considered other financial aid awards.
(i) “Maintain satisfactory academic progress in the courses of the promise-eligible program” means that the student’s academic work in the courses for which the student received a promise scholarship is satisfactory, as determined by the promise-eligible institution at which the student is enrolled based on the institution’s general academic policies.
(j) “Prerequisite course” means a course or other requirement that is not part of the student’s promise-eligible program but that the student must successfully complete before enrolling in a required course that is part of the student’s promise-eligible program.
(k) “Promise-eligible institution” means any of the following “eligible postsecondary educational institutions,” as defined in K.S.A. 74-32,271 and amendments thereto:
(1) Each community college and technical college established under the laws of Kansas that has a recognized service area, as defined in K.S.A. 74-32,433 and amendments thereto;
(2) the Washburn institute of technology; or
(3) each institution named in K.S.A. 2021 Supp. 74-32,164, and amendments thereto, that offers a promise-eligible program.
(l) “Promise-eligible program” means each program that meets the following conditions:
(1) Is offered by a promise-eligible institution;
(2) is a two-year associate degree program, a career and technical education certificate program, or a stand-alone parent program;
(3) is included in the board of regents’ program inventory or, for a private institution as defined in paragraph (k)(3), has been approved as a promise-eligible program by the Kansas postsecondary technical education authority and the board of regents;
(4) is identified by the board of regents as corresponding to a high-wage, high-demand, or critical-need occupation; and
(5)(A) Is identified by the board of regents as being in one of the following fields of study:
(i) Information technology and security;
(ii) mental and physical healthcare;
(iii) advanced manufacturing and building trades; or
(iv) early childhood education and development; or
(B) is identified by the board of regents as being in one of the following fields of study and the field of study is currently offered, maintained, and designated by a promise-eligible institution pursuant to K.S.A. 2021 Supp. 74-32,273, and amendments thereto:
(i) Agriculture;
(ii) food and natural resources;
(iii) education and training;
(iv) law, public safety, corrections, and security; or
(v) distribution and logistics.
(m) “Promise scholarship” means the award of student financial aid under the Kansas promise scholarship act, K.S.A. 2021 Supp. 74-32,271 et seq. and amendments thereto. The promise scholarship is a last dollar scholarship and a service scholarship.
(n) “Required materials” means those educational materials that are required by the promise-eligible institution, as a condition of enrollment, for every student in each course within the promise-eligible program and not deemed required for only students who are awarded a promise scholarship.
(o) “Service scholarship” means a type of student financial aid that requires the student to perform a service in return for the award. If the service is performed in accordance with the service agreement, the student will be released from any further obligations. If the service is not performed and is not formally waived, the student will be required to repay the scholarship. For purposes of the promise scholarship, the required service consists of living and working in Kansas for two consecutive years upon completion of the promise-eligible program.
(p) “Stand-alone program” means a promise-eligible program that meets the following requirements:
(1) Is less than 16 credit hours;
(2) leads to an industry recognized credential, license, or certification; and
(3) has been identified as a stand-alone program by the board of regents’ vice president of workforce development or, for a private institution as defined in paragraph (k)(3), the institution’s governing board.
(q) “Two-year associate degree program” means an academic program that consists of at least 60 semester undergraduate level credit hours that is an associate degree transfer program or that enables a student to qualify for immediate employment. The governing boards of institutions identified in paragraph (k)(3) may authorize one or more two-year associate degree programs at less than 60 undergraduate-level semester credit hours. The two-year associate degree program that qualifies a student for immediate employment is the associate of applied science.
(r) “Work in Kansas” means any type of employment that is physically performed in Kansas or that is performed for an employer that is physically located in Kansas, or for which the employee is issued a W-2, 1099, or other wage and tax statement showing Kansas withholding or estimated tax to the state of Kansas. Work performed during any period when the scholarship recipient is enrolled in any postsecondary educational institution in accordance with K.S.A. 2021 Supp. 74-32,276, and amendments thereto, shall not count toward the two-year service requirement. Work in Kansas shall include the following:
(1) Full-time salaried or hourly employment;
(2) part-time salaried or hourly employment for any number of hours; and
(3) self-employment. (Authorized by K.S.A. 2021 Supp. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; implementing K.S.A. 2021 Supp. 74-32,271, 74-32,272, 74-32,273, 74-32,274, 74-32,275, and 74-32,276, as amended by L. 2022, ch. 94, secs. 28, 29, 30, 31, 32, and 33; effective March 17, 2023.)
88-9a-2. Application. (a) Each application shall be for an academic year.
(b) Each student shall submit a renewal application for any subsequent academic year for which the student seeks a promise scholarship.
(c) Each promise-eligible institution shall use the electronic link to the board of regents’ application form and any electronic or paper application materials made available by the board. No changes shall be made to the board of regents’ application form.
(d) Each promise-eligible institution shall accept promise scholarship applications throughout the academic year and shall process each student-completed application in the order in which it was received. Each promise-eligible institution shall deny any application that is for a semester, trimester, or other academic period that has already concluded. For purposes of this subsection, a semester, trimester, or other academic period shall be deemed to have concluded on the last day classes are officially required to meet for that semester, trimester, or other academic period.
(e) Each promise-eligible institution, before awarding a promise scholarship, shall ensure that the applicant has entered into a promise scholarship agreement with the board of regents. (Authorized by K.S.A. 2021 Supp. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; implementing K.S.A. 2021 Supp. 74-32,272, 74-32,275, and 74-32,276, as amended by L. 2022, ch. 94, secs. 29, 32, and 33; effective March 17, 2023.)
88-9a-3. Appeal procedure. (a) If a student whose application for a promise scholarship is denied or whose award of a promise scholarship is revoked disagrees with the denial or revocation, the student may file a written appeal with the promise-eligible institution’s financial aid office within 30 days of notification of denial or revocation.
(b) The financial aid office of each promise-eligible institution shall provide an appeal form on request.
(c) If a student fails to file an appeal in the time frame and manner specified in this regulation, the denial or revocation of the promise scholarship as determined by the promise-eligible institution’s financial aid office shall become final upon expiration of the appeal period.
(d) If a student files a timely appeal, the promise-eligible institution shall hear and decide the appeal using its existing procedures for student financial aid appeals. If the promise-eligible institution does not have an appeal procedure specific to student financial aid, the promise-eligible institution shall hear and decide the appeal using its existing appeal procedures for other matters. (Authorized by and implementing K.S.A. 2021 Supp. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; effective March 17, 2023.)
88-9a-4. Scholarship awards. (a) Each promise-eligible institution shall award a promise scholarship to an eligible promise scholarship applicant enrolled in one or more promise-eligible programs. No promise-eligible institution shall limit scholarship awards to certain promise-eligible programs or, as long as promise scholarship funds are available, award less than the full promise scholarship amount for which an applicant qualifies. A promise scholarship applicant shall no longer be eligible for continued promise scholarship awards once the applicant has reached the lifetime limit pursuant to K.S.A. 2021 Supp. 74-32,274, and amendments thereto.
(b) To the extent that promise scholarship funds remain available, each promise-eligible institution at which the promise scholarship recipient is enrolled shall continue providing promise scholarship funds to the recipient for credit hours that are within a promise-eligible program if the recipient meets the following conditions:
(1) Continues to maintain satisfactory academic progress in the courses of the promise-eligible program for which a promise scholarship was awarded;
(2) has not reached the lifetime limit established by K.S.A. 2021 Supp. 74-32,274, and amendments thereto; and
(3) continues to meet all other eligibility requirements for the promise scholarship.
(c) Any promise scholarship recipient may use promise scholarship awards to pay for no more than the lifetime limit established by K.S.A. 2021 Supp. 74-32,274, and amendments thereto, regardless of the number of promise-eligible programs in which the recipient enrolls. (Authorized by K.S.A. 2021 Supp. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; implementing K.S.A. 2021 Supp. 74-32,272, 74-32,274, 74-32,275, and 74-32,276, as amended by L. 2022, ch. 94, secs. 29, 31, 32, and 33; effective March 17, 2023.)
88-9a-5. Scholarship agreement. (a) Each student who is determined qualified by a promise-eligible institution for a promise scholarship shall enter into a promise scholarship agreement with the board of regents.
(b) Each promise scholarship agreement shall require the student to meet the following requirements:
(1) Enroll as a full-time student or a part-time student in a promise-eligible program at the promise-eligible institution from which the student is receiving the promise scholarship;
(2) within 36 months of the initial promise scholarship award date, meet one of the following requirements:
(A) Successfully complete the promise-eligible program for which the student received the promise scholarship; or
(B) if the promise-eligible program for which the promise scholarship is awarded is a career and technical education associate degree or certificate program that leads to multiple credentials, successfully complete the number of credit hours necessary to earn the first credential in that promise-eligible program;
(3) within six months after successfully completing the promise-eligible program for which the promise scholarship was awarded, meet one of the following requirements:
(A) Reside in and commence work in Kansas and continue to reside and work in Kansas for at least two consecutive years following completion of the promise- eligible program for which the promise scholarship was awarded; or
(B) enroll as a full-time student or a part-time student in any public or private postsecondary educational institution with its primary location in Kansas and, within six months of graduation or failure to remain continuously enrolled, reside in and commence work in Kansas, and continue to reside and work in Kansas for at least two consecutive years;
(4) until released from the scholarship agreement obligations, maintain records and annually report to the board of regents the following personal information on the form provided by the board:
(A) Full legal name;
(B) current residential address;
(C) telephone number;
(D) personal and work electronic-mail addresses;
(E) contact information for two individuals at different addresses who know how to contact the student;
(F) the name of each promise-eligible institution that awarded a promise scholarship to the student;
(G) the promise-eligible program credential sought by the student;
(H) specification of whether the student successfully completed the promise-eligible program for which the student’s promise scholarship was awarded;
(I) the student’s employment status, current employer contact information, original hire date, and employer verification of the information required by this paragraph;
(J) the student’s Kansas postsecondary institution enrollment status, name of institution currently attending, course of study in which the student is enrolled, anticipated graduation date, and registrar’s verification information; and
(K) any additional relevant information that the board of regents may require; and
(5) upon failure to meet any requirement of the promise scholarship agreement, repay to the board of regents the full amount of the promise scholarship awarded to the student, with interest accruing beginning on the date the student is determined by the board to be out of compliance and at the rate established pursuant to K.S.A. 2021 Supp. 74-32,276 and amendments thereto.
(c) Each promise-eligible institution shall withhold the award of any promise scholarship until after the student has met all eligibility requirements and entered into a promise scholarship agreement with the board of regents. (Authorized by K.S.A. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; implementing K.S.A. 2021 Supp. 74-32,272 and 74-32,276, as amended by L. 2022, ch. 94, secs. 29 and 33; effective March 17, 2023.)
88-9a-6. Postponement of or release from promise scholarship agreement requirements. (a) Any promise scholarship recipient may request that one or more requirements of the promise scholarship agreement be postponed during any period if the recipient meets any of the following conditions:
(1) Is serving in volunteers in service to America (VISTA);
(2) is serving in the peace corps;
(3) has a service commitment to the United States public health service;
(4) is performing religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code;
(5) is determined by the board of regents to be unable to commence or continue performance in satisfaction of the obligation because of temporary medical disability;
(6) is on job-protected leave under the family and medical leave act of 1993 (FMLA);
(7) is unable to meet the requirement of the scholarship agreement due to good cause, as determined by the board of regents; or
(8) is continuously enrolled as a full-time student or part-time student at a Kansas postsecondary educational institution if the first enrollment was within six months after successfully completing the promise-eligible program for which the promise scholarship was received. The student shall remain enrolled in at least six hours each semester for which the student wants to postpone the Kansas employment requirement.
(b) Except for paragraphs (a)(5), (a)(6), and (a)(7), a recipient’s obligation under the promise scholarship agreement shall not be postponed more than five years from the time that performance of the obligation was to have commenced under the agreement. Each obligation under any agreement entered into in accordance with the promise scholarship program shall be postponed under paragraph (a)(5) during the period of time that the medical disability exists.
(c) For purposes of paragraph (a)(6), the recipient’s obligation under the promise scholarship agreement shall not be postponed for more than the duration of the recipient’s FMLA leave.
(d)(1) For purposes of paragraph (a)(7), “good cause” shall include the following:
(A) Inability to secure employment in Kansas within six months of completing the promise-eligible program or any postponement granted pursuant to subsection (a) after making the best possible effort to do so;
(B) inability to retain employment in Kansas for two consecutive years after completing the promise-eligible program or any postponement granted under subsection (a) after making the best possible effort to do so;
(C) inability to reside in Kansas for the two consecutive years immediately succeeding completion of the promise-eligible program or any postponement granted under subsection (a) after making the best possible effort to do so; and
(D) inability to meet any other requirement of the promise scholarship after making the best possible effort to do so.
(2) “The best possible effort” shall be determined by the board of regents’ director of student financial assistance in consultation with the board of regents’ chief executive officer, upon the promise scholarship recipient’s submission of a request supported by documentation, which may include any of the following as relevant:
(A) Written communications from employers confirming the recipient’s applications for employment;
(B) a verifiable list of employers, with contact information, to whom the recipient has applied;
(C) records establishing the reason for the recipient’s inability to reside in Kansas; or
(D) records establishing the reason for the recipient’s inability to retain employment for two consecutive years.
(e)(1) A promise scholarship recipient shall have met the requirements of the promise scholarship agreement and shall be released from repayment of the scholarship award if the recipient meets any of the following conditions:
(A) Successfully completes the requirements of the agreement;
(B) commences service as a military servicemember, as defined in K.S.A. 2021 Supp. 74-32,271 and amendments thereto, at any time after receiving a promise scholarship award;
(C) fails to meet the requirements of the agreement only after making the best possible effort to do so; or
(D) is unable to meet the requirements of the agreement due to disability or death of the recipient.
(2) “The best possible effort” shall be determined by the board of regents’ director of student financial assistance in consultation with the board of regents’ chief executive officer, upon the scholarship recipient’s submission of documentation, which may include any of the following as relevant:
(A) Written communications from employers confirming the recipient’s applications for employment;
(B) a verifiable list of employers, with contact information, with which the recipient has applied;
(C) records establishing the reason for inability to reside in Kansas; or
(D) a signed statement from an appropriate administrator of the promise-eligible institution explaining the circumstances of the promise scholarship recipient’s inability to complete the promise-eligible program within 36 months.
(f) Each promise scholarship award recipient who wants to postpone or be released from any obligation of the recipient’s promise scholarship agreement shall submit to the board of regents a written request for postponement or release on a form provided by the board.
(g) Each request for postponement or release shall be made by submitting a completed postponement or release form to the board of regents. Each request for postponement or release shall be mailed or electronically mailed to the address indicated, with an attention subject line of “Kansas promise scholarship repayment.” The request shall include the recipient’s full legal name, the promise-eligible institution from which the recipient received the promise scholarship, and the recipient’s dates of attendance at that institution. (Authorized by K.S.A. 2021 Supp. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; implementing K.S.A. 2021 Supp. 74-32,272 and 74-32,276, as amended by L. 2022, ch. 94, secs. 29 and 33; effective March 17, 2023.)
88-9a-7. Repayment. (a) Each promise scholarship award recipient who fails to meet the requirements of the promise scholarship agreement and has not timely sought and received a postponement or release from the obligations of the agreement shall repay the total amount of promise scholarship disbursed to or on behalf of the recipient, plus interest at the rate prescribed by K.S.A. 2021 Supp. 74-32,276, and amendments thereto.
(b) Repayment of all funds shall become due immediately upon failure to meet the promise scholarship agreement terms, conditions, and requirements.
(c) Repayment shall be made to the Kansas board of regents’ designated loan servicer or collections agency. All payments shall be mailed with an attention subject line of “Kansas promise scholarship repayment” and shall include the recipient’s full legal name, the name of each promise-eligible institution from which the recipient received the promise scholarship, and the recipient’s dates of attendance at each institution.
(d) Any recipient may repay the scholarship and interest in monthly installments of at least 1/60 of the total amount owed. Each recipient who chooses to make installment payments shall make those payments as follows:
(1) Payments owed shall commence within 180 days of the board’s designee’s determination of failure to comply with the promise scholarship obligation and shall be completed within five years following the date of the act or circumstance that causes the recipient to fail to remain eligible and qualified or to meet the obligations of the scholarship agreement.
(2) If an installment payment becomes overdue 10 days from any date an installment was due, the entire amount outstanding shall become immediately due and payable, including all interest, without further notice or opportunity to remedy the default.
(3) The total repayment obligation may be met at any time by making a single lump-sum payment equal to the total of the following:
(A) The entire amount to be repaid upon failure to meet the obligations under the scholarship agreement; and
(B) all amounts of interest at the rate prescribed in K.S.A. 2021 Supp. 74-32,276, and amendments thereto, accrued on or before the date of full payment. (Authorized by K.S.A. 2021 Supp. 74-32,272, as amended by L. 2022, ch. 94, sec. 29; implementing K.S.A. 2021 Supp. 74-32,272 and 74-32,276, as amended by L. 2022, ch. 94, secs. 29 and 33; effective March 17, 2023.)
Blake Flanders
President and CEO
Board of Regents
Doc. No. 050928
