Cal. Code Regs. tit. 5 § 30730

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 30730 - Definitions

"Academic Year" means:

(a) Two semesters or three quarters or their equivalent within a 12-month period. An academic year may include a summer quarter in those colleges which maintain a summer quarter comparable to either the fall, winter or spring quarters; or

(b) A period of time usually eight or nine months during which a full-time student would normally be expected to complete the equivalent of two semesters, two trimesters, or three quarters of instruction.

(c) July 1 to June 30 inclusive. The starting date of a session shall determine the academic year in which it is included.

"Active member" means a current uniformed service member of the California Military Department (the California Army or Air National Guard; the California State Guard (Cal State Guard), formerly the State Military Reserve; or the California Naval Militia) who meets military standards established by military regulations.

"Administrative Appeal" means a formal request from the program participant to the Adjutant General requesting a change in withdrawal status.

"CMD GI Bill" means California Military Department GI Bill Award Program, formerly the California National Guard Education Assistance Award Program (CNG EAAP).

"Commission" means California Student Aid Commission.

"Cost of Attendance" means student budget at the qualifying institution for the program participant that includes tuition, fees, housing, food, books, transportation and personal expenses for the year. It may also include an allowance for the rental or purchase of a computer, childcare or other dependent care costs and additional expenses for students with disabilities not already covered.

"Disaster" means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. (California Government Code, Section 8680.3)

"Discretionary Summer Term" means a summer term for a program participant who is enrolled in a program that does not require summer term attendance in addition to all other terms. Summer term classifications reflect an institution's designation of academic terms with the Commission.

"DOD ID" means the Department of Defense identification number. The DOD ID is assigned to each person registered in the Defense Enrollment and Eligibility Reporting System (DEERS).

"Eligible applicant" means a person who:

(a) Is a California resident pursuant to Education Code Section 68017 for at least one year immediately preceding the residence determination date;

(b) Is an active service member that agrees to maintain active service throughout participation in the program and agrees to serve two years in the California Military Department upon completion of the last academic term for which program funding was provided;

(c) Has been accepted or registered at or enrolled in a qualifying institution for the academic year for which an application was submitted;

(d) Submits an application pursuant to Section 30731 and agrees to use the award to obtain a certificate, degree, or diploma that he or she does not hold at the time he or she applies for the award;

(e) Agrees to enroll in at least three academic units per semester, or the equivalent;

(f) Has submitted the Free Application for Federal Student Aid (FAFSA) to the United States Department of Education;

(g) Has not previously participated in the program and been permanently withdrawn pursuant to subsection (b) of Section 30736;

(h) Has not exceeded the amount of program eligibility set forth in California Education Code Section 69999.18(e);

(i) Agrees to maintain a minimum of a 2.0 cumulative grade point average (GPA);

(j) Agrees to only receive disbursements from either the CMD GI Bill or the Cal Grant program for a particular academic year;

(k) Agrees to complete a course of study leading to a certificate, degree, or diploma within 10 years of initial acceptance into the program; and

(l) Agrees to only obtain one degree (baccalaureate, graduate, or doctoral) while participating in the program.

"Enrollment status" means full-time or part-time status:

(a) Part-time, for purposes of program eligibility for undergraduate participants, is defined as less than 12 semester units, inclusive, or the equivalent.

(1) An undergraduate participant enrolled for at least 9 semester units but less than 12 semester units or the equivalent is considered 3/4 time.

(2) An undergraduate participant enrolled for at least 6 semester units but less than 9 semester units or their equivalent is considered 1/2 time.

(3) An undergraduate participant enrolled for at least 3 semester units but less than 6 units or the equivalent is considered 1/4 time.

(b) Full-time, for purposes of program eligibility for undergraduate participants, is defined as 12 or more semester units or the equivalent.

(c) Part-time and full-time status, for purposes for graduate participants, is the enrollment status as defined by the institution. Graduate participants enrolled in less than 3 academic units may be eligible for award payments for the term if the institution verifies the graduate participant's enrollment status is equivalent to at least one-quarter time.

"Excess Awards," also informally known as "first-come, first-serve awards," means awards issued to eligible applicants who completed the application process after the deadline established by Section 30731. Excess awards will be offered until all available awards are exhausted or until the Adjutant General no longer has authority to make awards, whichever is earlier.

"Leave of Absence (LOA)" means a period of time approved by the Adjutant General during which a program participant does not receive award payments and maintains program eligibility.

"Mandatory Summer Term" means a summer term for a program participant who is enrolled in a program that requires summer term attendance in addition to all other terms. Summer term classifications reflect an institution's designation of academic terms with the Commission.

"Other natural causes" means a disease, or physical or mental condition involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code Section 12945.2 or the Family and Medical Leave Act of 1993.

"Program" means the California Military Department GI Bill Award Program (CMD GI Bill), formerly the California National Guard Education Assistance Award Program (CNG EAAP), established in Article 20.7 (commencing with Section 69999.10) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code and as set forth in this Article.

"Program Participant" means a person who has successfully met all of the requirements set forth in Education Code Sections 69999.16, who has been selected and certified by the Adjutant General, and who has accepted the award in terms of attending a qualifying institution to which that person has been admitted. The Adjutant General will send the program participant an acceptance letter informing the participant of acceptance into the program.

"Qualifying institution" means the institution has met the requirement of California Education Code Section 69432.7(l) and has signed an Institutional Participation Agreement with the Commission.

"Record Change Request form" means the form applicants and program participants must complete to indicate a change to name, address, telephone number, e-mail address, or school; to confirm a program change between CMD GI Bill and Cal Grant; to request a leave of absence; or to report federal educational benefits for veterans received by the applicant or program participant. The contents of the form are enumerated in subsection (a)(3) of Section 30734.

"Reinstatement" means restoring a participant's program eligibility due to an approved appeal.

"Residence determination date" means:

(a) If the governing board of a public institution has adopted by regulation or policy a residence determination date, that date shall be used for the CMD GI Bill purposes; or

(b) The first day of instruction of the term for the academic year in which the student is enrolled as a CMD GI Bill program participant shall be the residence determination date for the CMD GI Bill purposes; or

(c) The date the Commission used to make the preliminary determination of California residency for purposes of offering a CMD GI Bill shall be the residence determination date for the CMD GI Bill purposes.

"Serious illness" means an illness involving inpatient care in a hospital or residential health care facility, or continuing treatment or continuing supervision by a health care provider, or family care and medical leave under Government Code Section 12945.2 or the Family and Medical Leave Act of 1993.

Cal. Code Regs. Tit. 5, § 30730

1. New article 15 (sections 30730-30736 and Appendix A and Appendix B) and section filed 12-16-2009 as an emergency; operative 12-16-2009 (Register 2009, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-14-2010 or emergency language will be repealed by operation of law on the following day. For prior history of article 15, sections 30801-30821, see Register 89, No. 11.
2. Certificate of Compliance as to 12-16-2009 order, including amendment of section, transmitted to OAL 4-23-2010 and filed 5-20-2010 (Register 2010, No. 21).
3. Amendment of definitions of "Program Participant" and "Qualifying institution" filed 1-10-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 2).
4. Amendment filed 5-14-2013; operative 7-1-2013 (Register 2013, No. 20).
5. Repealer and new article heading and amendment of section filed 9-21-2021; operative 1-1-2022 (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 69999.22, Education Code. Reference: Section 69999.16, Education Code.