Arkansas Department Of Higher Education

ARKANSAS HEALTH EDUCATION GRANT PROGRAM

July 1, 2000

AUTHORITY AND PURPOSE

These rules are promulgated by the Arkansas Department of Higher Education ("ADHE") under authority of Arkansas Code Annotated Sections 6-4-104--107 and 6-81-1101 for the purpose of implementing a grant program for Arkansas students attending specified out-of-state health and medical professional schools. This grant program shall be known as the "Arkansas Health Education Grant Program."

PART I: DEFINITIONS

As used in these rules, the following terms shall have the meanings set forth below:

"Applicable Academic Period" means the academic term (grading period) during which an Eligible Grant Recipient, as applicable, will pursue a course of instruction in an Eligible Profession at a Participating Institution, and for which a Disbursement is made.

"Applicable Licensing Board" means:

a) with respect to dentistry, the Arkansas State Board of Dental Examiners;
b) with respect to optometry, the State Board of Optometry;
c) with respect to osteopathic medicine, the Arkansas State Medical Board;
d) with respect to veterinary medicine, the Veterinary Medical Examining Board;
e) with respect to chiropractic medicine, the Arkansas State Board of Chiropractic Examiners; and
f) with respect to podiatric medicine, the Arkansas State Podiatry Examining Board.

"Applicable Professional License" means, with respect to an Eligible Profession, the license or other permit granted by the Applicable Licensing Board and required by law in order for an individual to practice the Eligible Profession in the State.

"Applicable Statutes" means Arkansas Code Annotated Sections 6-4-104--107 and 6-81-1101 of the General Assembly of the State of Arkansas.

"Appropriation Act" means Act 1180 of 1999 of the General Assembly of the State of Arkansas, and subsequent acts appropriating funds to ADHE for payments of contracts under the Arkansas Health Education Grant Program.

"Board of Control" means the Board of Control for Southern Regional Education.

"Department" means either or both of the Arkansas Higher Education Coordinating Board and the Arkansas Department of Higher Education.

"Disbursement" means a payment of money under the Program to a Participating Institution, or to Board of Control for the benefit of a Participating Institution, on behalf of an Eligible Grant Recipient, in the form of a Grant.

"Eligible Profession" means dentistry, optometry, osteopathic medicine, veterinary medicine, chiropractic medicine or podiatric medicine.

"Eligible Grant Recipient" or "Qualified Grantee" means an Eligible Student who has been selected or accepted by a Participating Institution to receive financial assistance through this program and who has been certified by the Arkansas Department of Higher Education as a Resident.

"Eligible Student" means an individual who:

a) is a citizen or permanent resident alien of the United States;
b) is a Resident; and
c) has been accepted for enrollment for the Applicable Academic Period for a full-time course of instruction in an Eligible Profession at a Participating Institution.

"Grant" means a Disbursement made in accordance with the Applicable Statutes to assist an Eligible Grant Recipient for payment of tuition to attend a Participating Institution and which is not subject to repayment by the Eligible Grant Recipient.

"Participating Institution" means a professional or graduate school that:

a) is located outside the State but within the United States; and
b) offers a full-time course of instruction in at least one Eligible Profession; and
c) is accredited by an accrediting entity acceptable to the Applicable Licensing Board of the profession; and
d) grants, after completion of such course of instruction, a degree acceptable to the Applicable Licensing Board as the sole requirement, or as one requirement, for the Applicable Licensing Board's granting of the Applicable Professional License; and
e) is a party to a currently effective written agreement with the Department or the Board of Control, which agreement sets forth the terms and conditions under which, and the number of Eligible Students for which, Disbursements will be made, and the amount of the Disbursements to be made with respect to each Eligible Student by the Department to the Participating Institution or to the Board of Control for the benefit of a Participating Institution.

"SREB Participating Institution" means a Participating Institution that is a party to a currently effective written agreement with the Board of Control for Southern Regional Education in accordance with the State of Arkansas' contracts with such Board.

"Non-SREB Participating Institution" means a Participating Institution that is a party to a currently effective written agreement with the Arkansas Department of Higher Education.

"Program" means the Arkansas Health Education Grant Program administered by the Department and funded through appropriations under the Appropriations Act.

"Resident" means an individual who is determined by the Department to be a bona fide resident of the State on the date of his or her application for a Grant and on the date that was six (6) months prior to the date of such application, and at all times between such dates, under the guidelines set forth in Appendix A to these rules. Such determination shall be made by the Department on the basis of information provided by the individual in an affidavit made under oath on a form provided by the Department.

"Satisfactory Academic Progress" means satisfactory academic progress toward timely completion of the Participating Institution's prescribed curriculum, as defined by the Participating Institution, for the Applicable Academic Period in question.

"State" means the State of Arkansas.

PART II: SELECTION AND ELIGIBILITY OF STUDENTS
FOR GRANTS TO BE DISBURSED

A) Under the Act, the Department will allocate, based upon funds appropriated under the Appropriations Act, the number of Eligible Grant Recipients to receive financial assistance at each Participating Institution for each Applicable Academic Period.

B) Each Participating Institution will select Eligible Grant Recipients for each Applicable Academic Period. In the event the number of Eligible Students accepted for enrollment at such Participating Institution exceeds the number of Eligible Grant Recipients for which funds have been allocated by the Department from funds appropriated under the Appropriations Act, such Participating Institution shall have sole discretion in selecting, from all such Eligible Students, the Eligible Students to designate as Eligible Grant Recipients. In so selecting, the Participating Institution shall use the same criteria it uses in determining those students that will be accepted for enrollment at the Participating Institution.

C) To remain eligible for continuing participation in the program, the Eligible Grant Recipient must be in good academic standing and must make satisfactory academic progress toward timely completion of the Participating Institution's prescribed curriculum, as defined by the Participating Institution, for the Applicable Academic Period in question. The State of Arkansas shall not pay for repeated work. Payment of Grants for any Eligible Grant Recipient shall terminate the year the recipient would normally graduate if the recipient had not repeated a portion of the course, unless extra funds are available, and an extraordinary subsidy is approved by the Department.

D) The Department shall make Grants according to the allocations made by the Department and selections made by the Participating Institutions in accordance with the following:

1) The contract amount of the Grant per Eligible Grant Recipient for SREB Participating Institutions shall be the amount approved for such programs by the Board of Control.

2) For Non-SREB Participating Institutions that charge different annual tuition amounts for in-state students and out-of-state students, the contract amount of the grant per Eligible Grant Recipient will be the difference between the annual in-state tuition and the annual out-of-state tuition; however, pursuant to Arkansas Code Section 6-81-1101(d), should the differential exceed the contract price approved for similar programs by the Board of Control for Southern Regional Education in accordance with Arkansas' contracts with the Board, the lesser amount will be paid. (Note: exceptions may be made for inconsequential differentials).

3) For Non-SREB Participating Institutions which charge the same amount of annual tuition for in-state and out-of-state students, or which charge a minimally different amount of annual tuition for in-state and out-of-state students, and such tuition is extraordinary as determined by the Department of Higher Education, the amount shall be not less than five thousand dollars ($5,000) per student annually. If the number of non-SREB Participating Institutions is reduced, effective July 1, 2001 the amount shall be the contract price approved for similar programs by the Board of Control in accordance with Arkansas' contracts with the Board, or if there is no similar program, the contract price of the Board's least costly program.

E) The Participating Institution shall apply these sums to the tuition and fees of such students. The Institution agrees that the maximum amount charged each student, before credit for the above sum, shall not exceed the amount of tuition and fees charged other students for whom no such credit is given. The Department shall have no obligation to make any Grants except to the extent funds have been appropriated and funded for the Program.

PART III: NOTICE OF CHANGE IN ELIGIBLE GRANT RECIPIENT

A) Each Eligible Grant Recipient shall notify the Department within thirty (30) days, in writing, of any changes:

1) name;

2) address;

3) social security number;

4) enrollment status; or

5) Participating Institution of enrollment.

B) Each Participating Institution shall notify the Department within thirty (30) days, in writing, with respect to an Eligible Grant Recipient attending such Participating Institution:

1) change in enrollment status; or

2) failure to make Satisfactory Academic Progress.

PART IV: APPEAL

A) An Eligible Grant Recipient shall have the right to appeal any determination made by the Department under these rules:

1) first to the Director of the Department;

2) second to the Arkansas Higher Education Coordinating Board; and

3) then to a court of law or equity of appropriate jurisdiction.

PART V: POST-GRADUATION REPORTING REQUIREMENT

Section 34 of Act 1180 of 1999 requires the Arkansas Department of Higher Education to compile information, if available, on the location and occupation of each Eligible Grant Recipient who has completed the course of study. Such information is to be reported to the Arkansas Legislative Council. Therefore, each Eligible Grant Recipient who completes a course of study (or following graduation of his or her entering class, whichever shall come first) must report to the Department (Attention: ARHEG Coordinator) in September for four years the following information:

1) name (and name at time of enrollment if different);

2) address;

3) social security number;

4) Participating Institution of enrollment;

5) year of completion;

6) occupation;

7) employer; and

8) employer's address.

APPENDIX A TO
ARKANSAS HEALTH EDUCATION GRANT PROGRAM
RULES AND REGULATIONS

GUIDELINES FOR DETERMINING ARKANSAS RESIDENCY
FOR PURPOSES OF ELIGIBILITY FOR THE
ARKANSAS HEALTH EDUCATION GRANT PROGRAM
UNDER AUTHORITY OF ARKANSAS CODE ANNOTATED
SECTIONS 6-4-104--107 AND 6-81-1101

I. PURPOSE

The purpose of this Appendix is to provide guidance to the Arkansas Department of Higher Education (the "Department") in determining whether individuals applying to receive financial assistance under the Arkansas Health Education Grant Program (the "Program") are residents of the State of Arkansas.

Unless otherwise indicated, all capitalized terms used herein shall have the same meanings ascribed thereto in the Rules and Regulations to which this Appendix is attached.

II. RESIDENCY GUIDELINES

a. A person should be classified as a state resident for Program purposes only if his or her legal residence is located in Arkansas. This means that Arkansas is the legal place of residence of the person for all purposes and that the person demonstrates by good faith acts the intent to make Arkansas his or her permanent home. Legal residence in Arkansas is required for at least six continuous months prior to application in order to be classified as a resident for Program purposes. Mere physical presence in Arkansas is not sufficient to establish residency or demonstrate future intent.

b. A bona fide residence is a home of apparent true, fixed and permanent nature, a place of actual residing for all purposes of living that may be distinguished from a temporary sojourn in this or another state as a student. The person claiming residence in Arkansas must provide evidence of permanent connection with the State of Arkansas and demonstrate the expectation of returning to this state and remaining a resident of this state.

c. The legal residence of a person less than 18 years of age and unmarried without dependents, or an unmarried dependent without dependents who has not yet attained the age of 24 is legally that of (a) the parent(s); or (b) the parent to whom custody has been awarded by judicial decree; or (c) the parent with whom the person resides if there has been a separation without a judicial decree; or (d) the legal adoptive parent(s); or (e) the natural or legal guardian with whom the person resides.

d. The legal residence of a person 18 years of age or older, or under 18 years of age and married or with dependents, or between 18 and 24 years of age and married or with dependents shall be determined on the basis of his or her own residence.

e. To acquire a legal residence in Arkansas, a person must have established a legal home of permanent character, resided in Arkansas for six continuous months and have no present intention of changing residence to a location outside of Arkansas.

f. Persons who are otherwise not residents of Arkansas may not establish legal residence in Arkansas by the mere fact of receiving mail at an Arkansas address or postal box.

g. Members of the armed forces who are stationed in Arkansas pursuant to military orders, along with their unemancipated minors or unmarried dependents without dependents who have not yet attained the age of 24, are entitled to classification as in-state residents for Program purposes.

h. Determination of legal residence for Program purposes shall be based on review by the Department of all relevant circumstances which together may reasonably demonstrate legal residence and state of mind regarding residency intent. In making such a determination, the Department shall utilize the information provided by an individual in an affidavit made under oath on a form provided by the Department.