Section R7-3-309. Definitions

The following definitions are taken from the Federal Regulations which govern the LEAP program and apply to this Plan as well.

1.        “Academic year” means a period of time, usually eight to nine months, during which a full-time student would nor- mally be  expected  to  complete  the  equivalent of two semesters (24 semester hours), two trimesters (24 trimes- ter hours), three quarters (36 quarter hours), or 900 clock hours of instruction.

2.        “Act” means the Higher Education Act of 1998, as amended, of Title IV.

3.        “Board” means the Arizona Board of Regents.

4.        “CFR” means the Code of Federal Regulations.

5.        “Clock hour” means a period of time which is the equiva- lent of a 50 to 60 minute class, lecture, or recitation, or a 50 to 60 minute period of faculty-supervised laboratory, shop training, or internship.

6.        “Commission” means the Commission for Postsecondary Education.

7.        “Cost of education” means the cost of attending an insti- tution as defined by the institution.

8.        “Dependent student” is a student who does not qualify as an Independent Student.

9.        “Eligible course or program” is one which is properly approved by an accrediting agency recognized by the

U.S. Department of Education as being an integral part of the curriculum of the institution, is of postsecondary level, and is at least one semester in length at a college or university, or six months in length, or a minimum of 600 clock hours at a proprietary institution.

10.     “Expected family contribution of a dependent student” means the sum of amounts which reasonably may be expected from the student to meet the student’s costs of education   and  the  amount  which   reasonably  may  be

expected to be made available to the student by the stu- dent’s parents for such purpose. Amount is calculated based upon the Federal methodology need analysis for current program year.

11.     “Expected Family Contribution of an Independent Stu- dent” means the amount which reasonably may be expected from the student or their spouse, or both, to meet the student’s cost of education. Amount is calcu- lated based upon the Federal methodology need analysis for current program year.

12.     “Federal methodology” means the methodology now mandated by federal regulation for determining financial need for federally funded programs.

13.     “Full-time undergraduate student” means a student who has not attained the baccalaureate or first professional degree and who is carrying a full-time academic work load, other than by correspondence, measured in terms of:

a.        Course work or other required activities as deter- mined by the institution in which the student is enrolled, or by the state whose agency is administer- ing the program authorized by the Act, which amounts to the equivalent for institutions utilizing trimester, semester, or quarter hour systems, or which consists of a program requiring a minimum of 24 clock hours per week in a program of at least six months or 600 clock hours for those institutions that do not utilize such systems.

b.        The tuition and fees customarily charged for full- time study by the institution.

14.     “Full-time graduate student” is a student who has attained a baccalaureate or first professional degree, has been accepted by the graduate college, and is enrolled in an approved graduate level program at an accredited univer- sity or college for a minimum of nine semester, trimester, or quarter hours during a normal length term or five hours during a summer session.

15.     “Independent” means an independent student as defined by federal regulations.

16.     “Program funds” means the awards; reversions (reverted/ retained); and un-utilized Funds:

a.        Awards: Awarded LEAP Funds are dollars given in the form of grants to eligible students attending eli- gible postsecondary institutions.

b.        Reversions:

i.         Reverted LEAP funds are funds that have been awarded and because student is no longer eligi- ble are returned to the Commission for re-use at a later date.

ii.        Reverted Retained LEAP funds are those funds that institutions have kept and not transferred back to the Commission after the student who has been awarded is considered ineligible for LEAP award.

c.        Un-utilized: Un-utilized LEAP Program Funds are those Funds that have never been awarded to a stu- dent by an eligible institution.

17.     “Public or private nonprofit institution of higher educa- tion” means an educational institution which:

a.        Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate.

b.        Is legally authorized to provide a program of educa- tion beyond secondary education.

c.        Provides an educational program for which it awards an associate, baccalaureate, or professional degree

or at least a two-year program which is acceptable for full credit towards a baccalaureate degree, or at least a six-month vocational program which leads to a certificate or degree and prepares students for gainful employment in a recognized occupation.

d.        Is accredited by a nationally recognized accrediting agency or association or, if not so accredited,

i.         Is an institution with respect to which the Com- mission has determined that there is satisfac- tory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accredi- tation standards of such an agency or associa- tion within a reasonable time, or

ii.        Is an institution whose credits are accepted on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. This term also includes a public or nonprofit private educational institution which, in lieu of the requirement in this subsection 309(A)(16)(d)(i) admits as regular students per- sons who are beyond the age of compulsory school attendance in the state in which the insti- tution is located and who have the ability to benefit from the training offered by the institu- tion.

18.     “Nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which may lawfully inure to the benefit of any private shareholder or individual.

19.     “Parent” means the student’s mother or father, or both, legal guardians or legally adoptive parents. This does not include foster parents.

20.     “Part-time undergraduate student” is a student who is enrolled at least half-time, but less than full-time, in an eligible program at an eligible and participating Arizona institution. In no case will this be less than six semester, trimester or quarter hours per academic term (including one summer session), or less than 12 clock hours per week for institutions which utilize a clock hour system.

21.     “Part-time graduate student” is a student who has attained a baccalaureate or first professional degree, has been accepted by the graduate college, and is enrolled in an approved graduate level program at an accredited univer- sity or college for a minimum of six semester, trimester, or quarter hours during any term, including summer ses- sions.

22.     “Postsecondary education institution” means an educa- tional institution which offers courses or training pro- grams which are beyond the high school level in scope and complexity and which are open to the general public. Major categories are public universities, private colleges and universities, community colleges and proprietary institutions.

23.     “Program Year” means the consecutive period which begins on July 1 and runs through June 30 of any given year.

24.     “Proprietary institution of higher education” means an educational institution:

a.        Which provides not less than a six-month or 600

clock hour program of training to prepare students for gainful employment in a recognized occupation;

b.        Which admits as regular students only persons hav- ing a certificate of graduation from a school provid- ing secondary education or the recognized equivalent of such a certificate, or persons who are beyond the age of compulsory school attendance and who have the ability to benefit from the training offered;

c.        Which is legally authorized by the state in which it is located to provide a program of education beyond secondary education;

d.        Which is accredited by a nationally recognized accrediting agency or association approved by the

U.S. Commissioner of Education for this purpose;

e.        Which is not a public or other nonprofit institution; and

f.         Which has been in existence for at least two years. The term also includes any proprietary institution which offers degrees at the associate, baccalaureate or graduate level, and which has an agreement with the U.S. Secretary of Education containing the terms and conditions which the Secretary determines to be necessary to ensure that the availability of assistance to students at the school under this program has not resulted, and will not result, in an increase in the tuition, fees, or other changes to students.

25.     “State” means, in addition to the several states of the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and Trust Territory of the Pacific Islands, and the Virgin Islands.

Historical Note

Adopted effective September 19, 1996, under an exemp- tion from the Administrative Procedure Act pursuant to

A.R.S. § 15-1852(C) (Supp. 96-3). Amended by exempt rulemaking at 5 A.A.R. 2046, effective June 1, 1999

(Supp. 99-2).