Wyo. Code R. 049-0030-2
Personal Opportunities w/ Employment Responsibilities
Chapter 2: State Adult Student Financial Aid
Effective Date: 10/09/2001 to 07/29/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0030.2.10092001
State Adult Student Financial Aid
The Division of Economic Assistance and Child Support Services, within the Department of Family Services (DFS), is authorized under the Public Assistance and Social Services Act, W.S. 42-2-101 et. seq., W.S. 42-2-103 (b)(iii) and (xiii), and the Wyoming Administrative Procedures Act, W.S. 16-3-101 et. seq. to promulgate rules and regulations to be used by the Division in the discharge of its functions.
The Personal Opportunities With Employment Responsibilities (POWER) Program is a time-limited Pay-After-Performance Program for temporary support to needy families with dependent children. POWER—State Adult Student Financial Aid (POWER-SASFA) is a state funded program for adults as specified in W.S. 42-2-102, 42-2-103, 42-2-109, 42-2-202, 42-2-112, 2001 Wyo. Sess. Law, Ch. 188, and the POWER requirements in Chapter 1, POWER rules, excluding the work requirements.
Section 2. Definitions. The definitions in POWER, Chapter 1, Section 2 of these rules, apply with the following additions.
(a) “Approved educational program” - any program approved by the Department (W.S. 42-2-102):
(i) At the University of Wyoming, a Wyoming community college or other accredited educational program within Wyoming, or approved by DFS; and
(ii) Leads to no more than baccalaureate or associate degree or a vocational program requiring more than one (1) year to complete.
(b) “Full-time postsecondary education or vocational training” - enrollment of at least twelve (12) credit hours each semester and a total of thirty (30) credit hours per school year.
Section 3. Application/Intake Process. Refer to Chapter 1, Section 3, rules pertaining to POWER.
Section 4. Program Rights. Refer to Chapter 1, Section 4, rules pertaining to POWER.
(a) The applicant or recipient, who is eligible for POWER-SASFA, has the right to be informed about the criteria which must be met for months not to count toward the five (5) year benefit limit beginning April 1, 2001 and about the penalty when the criteria are not met.
(b) The applicant or recipient has the right to be informed about the requirements to be met to remain in the POWER-SASFA program as specified in Section 8 of these rules.
Section 5. Program Responsibilities. Refer to Chapter 1, Section 5, rules pertaining to POWER.
Section 6. POWER Family Unit and Case Management Responsibilities. Refer to Chapter 1, Section 6, rules pertaining to POWER.
(a) Beginning April 1, 2001, the five (5) year benefit limit will not count for any month a POWER-SASFA student meets the attendance requirements of her/his education institution and does not receive an “incomplete” or an “F” in any class during any semester or summer school session:
(i) This is a one-time-only exclusion;
(ii) Once the attendance requirements are not met or an “incomplete” or “F” is obtained at anytime, this provision no longer applies;
(iii) All previous disregarded months and future months will be applied toward the five (5) year benefit limit; and
(iv) Months will begin to count again upon graduation or completion of the approved vocational training program.
(b) Up to one (1) additional year may be allowed immediately upon completion of the five (5) year benefit limit, when months are counting, for continuation of education leading toward a postsecondary degree under the following conditions:
(i) The recipient must be in an approved educational program, eligible for POWER-SASFA and be within one (1) year or less of completion of an associate or bachelor’s degree;
(ii) The recipient must enroll in and attend classes for the number of credit hours needed for graduation. If twelve (12) or fewer credit hours are required and the course(s) is offered, the recipient must complete the course work in one (1) semester. If more than twelve (12) credit hours are required or the course(s) is not offered, the recipient must complete the course work within the regular academic year;
(iii) The need for the extension must not be the result of having changed degree programs or for other circumstances within the student’s control which extend the time needed to graduate;
(iv) The family must continue to meet the POWER or POWER-SASFA work performance requirements; and
(v) The POWER performance payment will be terminated upon completion of the postsecondary education requirements whether or not the year has expired and the six (6) additional incentive months will not be allowed.
Section 7. Pay After Performance — Child Support. Refer to Chapter 1, Section 7, rules pertaining to POWER.
(a) The family unit with an adult student in an approved educational program is deferred from assuming financial responsibility for her/his family through meeting the POWER work program requirements set forth in POWER, Chapter 1, Section 8. The student must meet the following requirements to receive a POWER-SASFA performance payment (W.S. 42-2-202):
(i) Have completed an assessment to determine the educational program will enhance the individual’s employability and have a completed, approved and signed Individual Responsibility Plan;
(ii) Have been a resident of Wyoming for at least two (2) years prior to starting the educational program or have been a graduate of a Wyoming high school;
(iii) Have been employed at least thirty-two (32) hours per week for at least ten (10) of the sixteen (16) weeks prior to starting the educational program unless the program was approved by DFS and classes began prior to April 1, 1997;
(iv) Must be an adult in a single parent family at the time of initial approval for POWER-SASFA who:
(A) Has met the performance requirements specified in W.S. 42-2-102; 42-2-103, 42-2-109, 42-2-202 and 42-2-112.
(B) Must be employed at least thirty-two (32) hours per week for at least ten (10) of sixteen (16) weeks after satisfactorily completing the first two (2) semesters and after satisfactorily completing each additional two (2) semesters unless given good cause by DFS.
(I) This work requirement must be met during the summer break.
(II) The requirement will be waived for those students who attend summer session a minimum of six (6) credit hours.
(C) Must be in an approved educational program which leads to a specific job.
(D) Must have stated she/he will relocate after graduation, if necessary, to seek employment in the specified job.
(E) Must be continuously enrolled at least twelve (12) credit hours each semester in an approved program and complete thirty (30) credit hours each school year.
(I) Only those credit hours directed toward the identified degree will be counted to determine the full-time enrollment.
(II) Full-time enrollment must be maintained throughout the semester.
(F) Must maintain a “C” cumulative grade point average.
(G) Must be in her/his first degree or vocational training program unless the associate degree was acquired while in an approved bachelor’s degree program.
(b) If the student, or any other mandatory family member, fails to meet any of the requirements under (a) and POWER, Chapter 1, Section 8, the family unit will immediately become ineligible for any further POWER-SASFA performance payments unless the circumstances are beyond the student’s or mandatory family member’s control.
(i) Other mandatory family members must meet the POWER work program requirements under POWER, Chapter 1, Section 8.
(ii) A family will not be eligible for the POWER-SASFA Program if there is a break in POWER eligibility for any reason except earned or child support income.
(iii) A student who fails to meet the requirements to maintain student status under the POWER-SASFA Program will not be approved for the short-term vocational training work activity under the POWER work program until she/he has demonstrated an ability to obtain and maintain employment.
(iv) POWER-SASFA is a one-time only opportunity so the student who fails to meet the requirements to maintain student status will not be eligible for the POWER-SASFA Program at reapplication.
(c) POWER-SASFA will be terminated for graduates immediately upon graduation.
(d) POWER-SASFA recipients are not eligible for work activity expenditures.
Section 9. Budgeting and Payment Process. Refer to Chapter 1, Section 9, rules pertaining to POWER.
Section 10. Notification. Refer to Chapter 1, Section 10, rules pertaining to POWER.
Section 11. Review of Eligibility. Refer to Chapter 1, Section 11, rules pertaining to POWER.