Cal. Code Regs. tit. 5 § 30734

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 30734 - Payments
(a) The Commission shall determine the maximum payment amount for new and renewal program participants each academic year. The California Military Department will determine program participant payment amounts for each term of an academic year. The California Military Department's determination of payment amounts will consider current attendance information and the actual educational funding benefits received by the program participant.

Payment determinations will be based on current information collected from qualifying institutions and the program participant for the academic year as needed to determine payment eligibility and calculate payment amounts under this Section, including the following:

(1) If a renewal program participant, the Adjutant General shall certify to the Commission that the program participant has maintained program eligibility.
(2) Upon request by the California Military Department, the following information shall be provided by the qualifying institution attended by the program participant:
(A) The program participant's cost of attendance for each term;
(B) The program participant's receipt of any California College Promise Grants, State University Grants, University of California's Blue and Gold Opportunity Plan or University Grants, or other institutional grants or scholarships;
(C) Verification that the renewal program participant maintained enrollment in at least 3 semester units, or the equivalent, each term in the prior academic year;
(D) Verification that the renewal program participant maintained a minimum of a 2.0 cumulative GPA;
(E) The program participant's enrollment status for each term of the academic year in the program;
(F) If the program participant:
1. Is enrolled in graduate studies;
2. Is pursuing a certificate, diploma, or degree including the type of degree; or
3. Completed a baccalaureate, graduate, or doctoral degree, including the date of completion and last day of attendance;
(G) Confirmation the program participant's appearance on the Commission's school roster in a program with a discretionary or mandatory summer term and program participant's enrollment status in the term;
(H) If the program participant is receiving veteran's educational benefits, the California Military Department may also request the institution provide the following information:
1. Zip code of the institution;
2. Number of course units for the term;
3. Cost of attendance for the term;
4. Cost of tuition and fees for the term;
5. Federal educational benefits for veterans received for the term;
6. Program participant attendance in online or on campus courses; and
7. If the program participant is receiving Yellow Ribbon Program funds, the amounts received from the U.S. Department of Veterans Affairs and the institution.
(I) For program participants enrolled in a baccalaureate program at a California Community College, the California Military Department may also request the Community College provide the following information:
1. The program participant's enrollment status in a baccalaureate degree program;
2. The program participant's enrollment in upper division coursework and number of units of upper division coursework enrolled in for each term;
3. Upper division tuition charges; and
4. The program participant's Cost of Attendance including only tuition for the upper division coursework.
(J) For program participants who receive extended awards pursuant to Section 30739, the California Military Department may also request an institution provide the following information:
1. The program participant's enrollment status in an initial teaching credential program;
2. The number of initial teaching credential coursework units taken;
3. The tuition charges for initial teaching credential coursework; and
4. The program participant's Cost of Attendance, including only tuition for initial teacher credential coursework.
(K) If the institution has disbursed the CMD GI Bill funds;
(L) If the program participant completed 3 or more units, or the equivalent for graduate students, during the term for which a disbursement was made; and
(M) Information on the recall of any issued award including the reason for returned disbursements to the Commission, revised cost of attendance, adjusted veteran's educational benefits, and the program participant's enrollment status.
(3) Program participants shall provide up-to-date information on the type and amount of federal education program benefits received for each term. This information must address each of the veterans' benefit programs identified in Section 30731(a)(17) and (18) or Section 30731(c)(15) and (16) relative to the program participant's Initial or Renewal Application. The program participant must report this updated information on the Record Change Request form, which shall include (1) the name, address, telephone number, e-mail address, and date of birth for the program participant; (2) the specific type of change requested, including change to contact information, school change, to report federal educational benefits for veterans received by the program participant, to request a leave of absence, and/or to confirm a program change between CMD GI Bill and Cal Grant; and (3) signature by the program participant under penalty of perjury under the laws of the State of California that all statements contained in the form and any accompanying documents are true and correct, with full knowledge that all statements made in the form are subject to investigation.
(4) The program participant shall also provide the following information:
(A) The program participant's award preference if eligible for both a Cal Grant Award and a CMD GI Bill award.
(B) The program participant's receipt of any benefits from the federal Montgomery GI Bill or any other federal educational benefits program for veterans and any related documentation as requested by the California Military Department.
(b) The maximum amount a new or renewal program participant may be awarded is as follows:
(1) For program participants attending the University of California or the California State University, the Commission shall award, subject to the requirements of Section 30731, up to the maximum amount of the Cal Grant A as adjusted in the annual budget act;
(A) For program participants attending the University of California, the maximum Cal Grant A award shall equal the mandatory systemwide fees for that segment;
(B) For program participants attending the California State University, the maximum Cal Grant A award shall equal the mandatory systemwide fees for that segment;
(2) For program participants attending a community college, the Commission shall award, subject to the terms of Section 30731, up to the maximum amount of the Cal Grant B award as adjusted in the annual budget act;
(A) For community college students not enrolled in upper division coursework, the maximum Cal Grant B award shall equal the amount of the access award;
(B) The access amount shall be in an annual amount not to exceed one thousand five hundred fifty-one dollars ($1551) or as adjusted in the annual budget act;
(C) For community college students identified by their institution as being enrolled in upper division coursework towards a baccalaureate degree offered by the institution, the Cal Grant B maximum award for the academic term shall equal the per unit fees charged for upper division coursework, plus the access award amount pursuant to subparagraph (B), subject to all of the following:
1. The Commission shall determine the maximum award for assessed unit fees each academic year;
2. Award will be based on per unit fees charged to students for upperdivision coursework; and
3. Only the units for the upper division coursework are considered in enrollment status.
(D) For community college students enrolled in baccalaureate degree programs, the maximum award shall be limited to the access award pursuant to subparagraph (B) for the first year of enrollment in a qualifying institution, subject to both of the following:
1. The institution will determine a program participant's first year status based on the number of units completed; and
2. If the program participant is considered a freshman by the institution, the program participant will only be eligible for an access award for the term pursuant to subparagraph (B).
(3) For program participants attending a nonpublic institution, the Commission shall award subject to the terms of Section 30731, up to the maximum amount of a Cal Grant A award for a student attending the University of California as adjusted in the annual budget act. The maximum amounts of a Cal Grant A award for a student attending a nonpublic institution equals the mandatory systemwide fees for a student attending the University of California; or
(4) For a program participant enrolled in graduate studies, the Commission shall award subject to the terms of Section 30731, up to the maximum amount of a Cal Grant A award as adjusted in the annual budget act:
(A) For program participants enrolled in graduate studies at the University of California, the maximum Cal Grant A award shall equal the mandatory systemwide fees for that segment;
(B) For program participants enrolled in graduate studies at a California State University, the maximum Cal Grant A award shall equal the mandatory systemwide fee for that segment;
(C) For program participants enrolled in graduate studies at a non-public institution, the maximum amounts of a Cal Grant A award equals the mandatory systemwide fees for the University of California;
(D) For program participants enrolled in graduate studies, who entered the program during or prior to the 2019-2020 academic year, an additional five hundred dollars ($500) will be awarded for books and supplies.
(5) For program participants whose awards have been extended pursuant to Section 30739:
(A) The Commission shall determine the maximum award amount for the academic year;
(B) Only the credits for initial teacher credentialing coursework credit shall be considered towards a program participant's enrollment status;
(C) The award amount will be based on tuition charges for required courses for an initial teaching credential.
(c)
(1) Payments shall be made per term to the qualifying institution, to be used for education related expenses. Each year, the Commission shall award either the maximum award amount or the remaining need, whichever is smaller using the following formula to determine the remaining need:

Cost of Attendance

Minus Federal Montgomery GI Bill

Minus Other Federal Benefits Programs for Veterans

Equals Remaining Need

(2) Institutions shall subtract any amount of CSU's State University Grants, California Promise Grants, University of California's Blue and Gold Opportunity Plan Grants or University Grants, or other institutional grants or scholarships received by program participants from the calculated Cost of Attendance reported to the California Military Department for the term.
(d) Whenever a program participant changes his or her choice of school, college or program, the program participant must notify the California Military Department of the change by completing the Record Change Request form and the remaining need eligibility must be re-determined. Eligibility for additional funds will be contingent upon funds being available. Subject to such redetermination, a program participant may change his or her choice of college
(1) Prior to the time of actual enrollment; or
(2) At the conclusion of a quarter or semester, provided that any loss of tuition and feepayments shall be borne by the student.
(e) A qualifying institution may submit a revised cost of attendance, adjusted veterans' educational benefits, or enrollment status. If the changes make the program participant eligible for additional funds, the additional funds will be contingent on availability and the timing of any such changes.
(f) Any credit generated on the program participant's account due to a payment made by the Commission may be refunded to the student.
(g) Payments are based on current program eligibility and availability of funds.
(h) Program participants will receive 400% eligibility. One hundred percent (100%) represents one year of full-time payment at a traditional term-based school (i.e. quarter or semester terms). Eligibility is used for each term the program participant receives payment and the amount of usage is determined by the type of term and attendance status.
(1) Eligibility used for full-time enrollment:
(A) 50% of eligibility will be used for each full-term payment at a semester or trimester term school; or
(B) 33.33% of eligibility will be used for each full-time term payment at a quarter term school;
(2) Eligibility is adjusted for part-time attendance. The following is a breakdown of eligibility based on term type:
(A) Semester or Trimester
1. Three-quarter time 37.5%
2. Half-time 25%
3. Quarter-time 12.5%
(B) Quarter
1. Three-quarter time 25%
2. Half-time 16.67%
3. Quarter-time 8.33%
(3) Awards are renewed each year for program participants who:
(A) The Adjutant General certifies as eligible;
(B) Satisfy enrollment in the minimum number of credits each term;
(C) Maintain a minimum 2.0 cumulative grade point average;
(D) Have remaining program eligibility; and
(E) Complete the Renewal Application process pursuant to Section 30731(c).
(i) Program participants who accelerate college attendance may increase the amount of award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during discretionary summer terms, sessions, or quarters. Eligibility and receipt of additional funding for discretionary summer terms will be contingent upon funds being available. In the aggregate, the total amount a student may receive cannot exceed the 400% maximum eligibility threshold.
(j) Program participants enrolled in institutions with a mandatory summer term or, pursuant to Section 30740, if approved for funding and attending a discretionary summer term, may increase the amount of award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation. In the aggregate, the total amount a student may receive cannot exceed the 400% maximum eligibility threshold.
(k) If the program participant is eligible for payment at the time of disbursement, but drops units applicable to the payment received for a term, the program participant remains eligible for the entire payment, unless a refund is due based on the school's refund policy. If a refund is due, schools are responsible for repaying the Commission and reporting an adjusted payment transaction.
(l) If the program participant's tuition charges are reduced due to a drop in units, the qualifying institution shall submit an adjusted cost of attendance. The program participant's remaining need will be redetermined and the award adjusted accordingly.

Cal. Code Regs. Tit. 5, § 30734

1. New 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.
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 section and NOTE filed 5-14-2013; operative 7-1-2013 (Register 2013, No. 20).
4. Amendment of section and NOTE 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: Sections 69999.22 and 69433.7, Education Code. Reference: Sections 69999.16, 69999.18, 69999.20 and 66021.2, Education Code.

1. New 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.
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 section and Note filed 5-14-2013; operative 7-1-2013 (Register 2013, No. 20).
4. Amendment of section and Note 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.