W. Va. Code R. § 112-18-11

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 112-18-11 - Provider Eligibility

11.1. Only an authorized education service provider may accept Hope Scholarship funds as payment for providing educational services to Hope Scholarship students.

11.2. The Board will authorize an individual or an entity to be an education service provider if that person or entity submits a notice of intent to become an education service provider on a form prescribed by the Board and complies with all requirements of W. Va. Code § 18-31-1et seq. and this rule. A person or entity may become an authorized education service provider at any time during the academic year.

11.2.1. A West Virginia county board of education offering services to Hope Scholarship students is automatically considered to be an authorized education service provider and is not subject to the requirements of this section: Provided, That prior to receiving Hope Scholarship Funds, the county board of education must sign the Provider Contract described in section 11.3. of this section.

11.2.2. An education service provider receiving more than one hundred thousand dollars of Hope Scholarship funds annually may be required to provide a surety bond upon request of the Board.

11.2.3. The Board may consider entering into reciprocal agreements with state education savings account agencies or entities located in other states, whether public or private, to recognize and allow education service providers approved in other states to receive payments from Hope Scholarship accounts.

11.3. Provider Contract.

11.3.1. Prior to receiving Hope Scholarship Funds, an education service provider must sign a contract with the Board, agreeing to the following:

11.3.1.a. That the provider will comply with all rules and requirements of the W. Va. Code § 18-31-1et seq. and this rule;

11.3.1.b. That the provider will not refund, rebate, or share Hope Scholarship funds with parents or students in a manner inconsistent with any provision of the West Virginia Code or this rule;

11.3.1.c. That the provider will require any employee who will have contact with Hope Scholarship students to submit to a criminal background screening;

11.3.1.d. That the provider will not engage in unlawful discrimination according to state or federal law applicable to the provider in providing educational services to Hope Scholarship students; and

11.3.1.e. In the case of a participating school, that the provider will annually notify the superintendent of the county in which a Hope Scholarship student resides of that student's enrollment in the Hope Scholarship Program, in accordance with W. Va. Code § 18-31-11, by no later than June 8. Copies of the annual notifications shall also be provided to the West Virginia Department of Education by the same date.

11.3.1.f. In the case of a participating school, that the provider will annually notify the Hope Scholarship Board of any students participating in the Hope Scholarship Program who graduate from a secondary program offered by the school by no later than June 15.

11.4. Private or parochial schools.

11.4.1. An authorized education service provider that is a nonpublic school must submit a complete copy of its tuition and fee schedule to the Board. The school must provide the Board with advance notice of any changes to the tuition or fee schedule that occur during the academic year.

11.4.2. Upon request of the Board, the nonpublic school must provide the Board with an accounting of all fees and tuition charged to each Hope Scholarship student and an itemized accounting of all of the school's transactions with the student involving Hope Scholarship funds.

11.4.3. The nonpublic school must provide notice to the Board if a Hope Scholarship student withdraws from the school or fails to meet the school's minimum attendance requirements.

11.4.4. As provided in subdivision 11.3.1.e. of this rule, the nonpublic school must annually provide notice to the superintendent of the county in which a Hope Scholarship student resides of that student's enrollment in the Hope Scholarship Program by no later than June 8. Copies of the annual notification shall also be provided to the West Virginia Department of Education by the same date.

11.4.5. As provided in subdivision 11.3.1.f. of this rule, the nonpublic school must annually notify the Hope Scholarship Board of any students participating in the Hope Scholarship Program who graduate from a secondary program offered by the school by no later than June 15.

11.5. An education service provider is prohibited from requiring a student or a family to pay tuition or fees above the provider's regular tuition or fee schedule based upon a student or family member's participation in the Hope Scholarship program.

11.6. An education service provider may not limit the amount of Hope Scholarship funds that a student may apply towards the provider's tuition and fees.

11.7. An education service provider may not retain Hope Scholarship funds used to pay a deposit or tuition in advance if the student does not ultimately utilize the vendor's services. The education service provider is entitled to only the portion of the Hope Scholarship funds paid to cover any required tuition and fees for the educational services actually rendered to the student.

11.8. If the Board receives credible information indicating that an education service provider has violated W. Va. Code § 18-31-1et seq.; violated this rule; or engaged in criminal activity involving Hope Scholarship Funds, the Board may temporarily freeze or direct a hold on the person's or entity's approved provider status pending an audit or inquiry into the expenditures or conduct at issue.

11.9. As required in W. Va. Code § 18-31-10, an education service provider must submit to any audit initiated by the Board related to Hope Scholarship Funds. Upon request, the education service provider must provide the Board with access to all records necessary to verify the expenditure of Hope Scholarship funds on qualifying expenses.

11.10. If the Board determines that an educational service provider has intentionally violated W. Va. Code § 18-31-1et seq.; violated this rule; or engaged in criminal activity involving Hope Scholarship funds, the Board may terminate the person's or entity's approved provider status and declare the person or entity permanently ineligible to receive Hope Scholarship funds.

11.11. Immediately following termination of a person's or entity's approved education service provider status, the Board will provide written notice of said termination to the provider and to any Hope Scholarship student who has made payments of Hope Scholarship funds to the provider during the academic year. The notice will provide the reason for the account's closure and notify recipients of the process to appeal a Board decision.

11.12. An education service provider may appeal a determination by the Board by filing an appeal according to the procedure in W. Va. C.S.R. § 112-19-11.

W. Va. Code R. § 112-18-11