Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 86
Ì592876YÎ592876
LEGISLATIVE ACTION
Senate . House
Comm: OO .
03/16/2021 .
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The Committee on Education (Polsky) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 243 and 244
4 insert:
5 Section 3. Subsection (1) of section 1009.42, Florida
6 Statutes, is amended to read:
7 1009.42 Financial aid appeal process.—
8 (1)(a) The State Board of Education shall adopt, by rule,
9 procedures a procedure for the appeal of:
10 1. Errors in eligibility determinations, or failure to
11 transfer awards between eligible institutions, made by the
12 Office of Student Financial Assistance of the Department of
13 Education, regarding applicants’ eligibility for receiving state
14 student financial aid awards; and
15 2. Beginning with the 2022-2023 academic year, eligibility
16 determinations made under s. 1009.40(1)(c) based solely on
17 whether a student is enrolled in a career certificate or degree
18 program on an approved list developed pursuant to s.
19 1009.46(2)(a).
20 (b) The procedures procedure must provide for establishment
21 of a committee to consider appeals that are not resolved by
22 other administrative action. Each committee must be comprised of
23 four members appointed by the Commissioner of Education,
24 including one representative of the Office of Student Financial
25 Assistance; two practicing financial aid administrators from
26 public or private postsecondary institutions in this state, one
27 of whom must be from an institution other than one to which the
28 applicant is seeking admission or enrolled in, as applicable;
29 and one student enrolled in a public postsecondary institution
30 in this state, nominated by the Florida Student Association.
31 (c) An applicant for state student financial aid may submit
32 an appeal who believes an error has been made in determining
33 eligibility for student financial assistance or who believes the
34 department has failed to transfer an award between eligible
35 institutions may appeal the decision in writing to the Office of
36 Student Financial Assistance based on the circumstances
37 described in subparagraphs (a)1. and 2. The Office of Student
38 Financial Assistance shall investigate the complaint and take
39 appropriate action within 30 days after its receipt of the
40 appeal. Notwithstanding s. 1009.40(1)(c), a student submitting
41 an appeal under subparagraph (a)2. must be deemed eligible to
42 receive state student financial aid awards if the appeal
43 demonstrates that the student’s chosen program would help the
44 student attain a career in the future. If the student wishes
45 further review of the appeal, the Office of Student Financial
46 Assistance shall forward the appeal to the committee. Within 30
47 days after the receipt of a request for a hearing, a final
48 decision shall be rendered by the committee established under
49 this section, and a copy of the decision shall be provided to
50 the applicant. The decision rendered by the committee
51 constitutes final agency action.
52 (d) A description of the financial aid appeals process
53 shall be included in the application form for each state student
54 financial aid program.
55
56 ================= T I T L E A M E N D M E N T ================
57 And the title is amended as follows:
58 Delete line 15
59 and insert:
60 to receive certain funding; amending s. 1009.42, F.S.;
61 revising the postsecondary financial aid appeal
62 process; requiring the State Board of Education to
63 adopt procedures; authorizing students to appeal
64 eligibility determinations based solely on whether the
65 student is enrolled in a career certificate or degree
66 program on certain approved lists; requiring such
67 students to be deemed eligible to receive state
68 student financial aid awards if the appeal
69 demonstrates that the chosen program would help the
70 students attain a career in the future; creating s.
71 1009.46, F.S.;