W. Va. Code R. § 112-18-10
Current through Register Vol. XLI, No. 36, September 6, 2024
Section 112-18-10 - Account Termination10.1. Nonrenewal.10.1.1. A Hope Scholarship student's participation in the program terminates at the end of the academic year for which he or she is enrolled unless the account holder files an application to renew the Hope Scholarship account according to the procedures in section 4 of this rule.10.1.1.a. The Board will provide written notice to all Hope Scholarship account holders, at least 45 days prior to the end of the renewal application period, informing the account holder of the following:10.1.1.a.1. That he or she must file a renewal application in order to enroll the student in the Hope Scholarship program for the upcoming academic year;10.1.1.a.2. That he or she must file a renewal application in order to continue the Hope Scholarship student's account for use during the upcoming academic year;10.1.1.a.3. That failure to renew the Hope Scholarship student's account for the upcoming academic year will result in closure of the student's current account at the end of the academic year and forfeiture of all unused funds remaining in the account to the State; and10.1.1.a.4. Instructions on how to file a renewal application with the Board, including all applicable deadlines.10.1.2. Nothing in this rule prevents an account holder who fails to file a renewal application from re-applying for an account in subsequent years, according to the regular application procedures provided in section 4 of this rule.10.2. Withdrawal or Ineligibility. 10.2.1. A Hope Scholarship student's participation in the program terminates if any of the following conditions occur:10.2.1.a. The account holder withdraws the student from the program;10.2.1.b. The Hope Scholarship student successfully completes a secondary education program;10.2.1.c. The Hope Scholarship student reaches twenty-one (21) years of age;10.2.1.d. The account owner fails to submit the information required by subsection 6.1.5. of this rule; or10.2.1.e. The student is no longer a resident of West Virginia.10.2.2. If any of the conditions described in this section occur, the Board will notify the account holder that the Hope Scholarship student's account will be closed in 45 days. The Board will close the account if:10.2.2.a. The account holder does not respond to the notice within 30 days of receipt;10.2.2.b. The account holder or student does not cure any circumstance making a student ineligible to participate in the program within 45 days of receipt; or10.2.2.c. The account owner does not provide information within 45 days of receipt demonstrating that circumstances on which the Board is basing the decision to close an account are factually incorrect.10.3. Noncompliance, intentional misuse of funds, or criminal activity.10.3.1. The Board may temporarily freeze or direct a hold on the account pending an audit or inquiry into the expenditures or conduct at issue if the Board receives credible information indicating that an account holder or Hope Scholarship student has violated W. Va. Code § 18-31-1et seq.; violated the requirements of this rule; or engaged in criminal activity involving Hope Scholarship funds. An account holder will be notified if their account is frozen or being held within 20 days following the change in status.10.3.2. As required in W. Va. Code § 18-31-10, an account holder must submit to any audit initiated by the Board related to Hope Scholarship funds. Upon request, the account holder must provide the Board with all records in the account holder's custody relating to Hope Scholarship fund transactions.10.3.3. If the Board determines that an account holder or a Hope Scholarship student has violated W. Va. Code § 18-31-1et seq.; violated the requirements of this rule; or engaged in criminal activity involving Hope Scholarship funds; the Board may terminate the student's participation in the program and declare the student, account holder, or both permanently ineligible to participate in the Hope Scholarship program.10.4. Immediately following termination of a Hope Scholarship student's participation in the program for any reason, the Board will close the student's account. Within 20 days following an account's closure, the Board will provide written notice of said closure to the account holder. The notice will provide the reason for the account's closure and notify the account holder of the process to appeal a decision or action of the Board.10.5. Any funds remaining in a Hope Scholarship account upon the account's closure will be returned to the West Virginia Hope Scholarship Program Fund upon the expiration of any applicable appeal period.10.5.1. If the account is closed due to the student returning to public school full-time after October 1 of the academic year, upon request of the county board of education of the county in which the public school is located, the funds remaining in the student's Hope Scholarship account shall be transferred to the county board to fund the cost of the student's education for the remainder of the school year. Hope Scholarship students who return to public school full-time during the school year are ineligible to reapply for the Hope Scholarship during the same school year but shall be eligible to apply to participate in the program for the subsequent school year.10.6. A student or account holder may appeal any action, audit finding, or other determination of the Board by filing an appeal according to the procedure in W. Va. C.S.R. § 112-19-11.W. Va. Code R. § 112-18-10