Florida Regulations 65C-42.002: Postsecondary Education Services and Support
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(1) Application for Postsecondary Education Services and Support (PESS). Each young adult who wishes to receive a PESS stipend shall complete and sign an application for this program.
(2) If it is determined that the young adult is not eligible for PESS, designated staff shall determine whether the young adult is eligible for Education and Training Voucher (ETV) financial assistance utilizing the Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application, CF-FSP 5382, incorporated in subsection (3) of this rule. The young adult’s eligibility for or ability to obtain other funding for postsecondary education shall not be considered when determining eligibility for PESS.
(3) Initial Application Process for PESS Stipend. Designated staff shall provide the young adult with the “”Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application,”” CF-FSP 5382, (November 2022), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14976.
(a) Designated staff shall assist the young adult in completing the application or meeting eligibility requirements.
(b) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in the PESS program. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.
(c) The young adult must obtain and provide documentation of the following:
1. A high school diploma or its equivalent, in accordance with section 409.1451(2)(a)3., F.S.,
2. Admittance for enrollment as a full-time student or its equivalent in an eligible postsecondary educational institution or as a part-time student if he or she has a recognized disability or other challenge or circumstance that would prevent full-time attendance; and,
3. A complete and error-free submission of the Free Application for Federal Student Aid (FAFSA) and application to any grants or scholarships suggested by the post-secondary institution based on the FAFSA submission.
(d) Designated staff shall verify the following:
1. The young adult was living in licensed foster care on his or her 18th birthday or is currently living in foster care; or was at least 16 years of age when adopted from foster care or placed with a court-approved dependency guardian after spending at least six (6) months in licensed care within the 12 months immediately preceding such placement or adoption. A young adult is considered to have been living in licensed care on the date of his or her 18th birthday if the young adult was in the legal custody of the Department on the date of his or her 18th birthday,
2. The young adult spent at least six (6) months in licensed care before reaching his or her 18th birthday,
3. The young adult has reached 18 years of age but is not yet 23 years of age; and,
4. The young adult signed an agreement to allow the Department and the community-based care lead agency access to school records.
(4) Provision of Services. The designated staff must ensure that the young adult is offered the necessary services and shall:
(a) Work with the young adult to update the independent living transition plan, pursuant to Florida Statutes § 39.6035, in preparation for self-sufficiency. The plan shall be reassessed at least every six (6) months for as long as services are provided.
(b) Collaborate with the young adult in the coordination of life skills, counseling, financial plan pursuant Florida Statutes § 409.1451(2), educational support, and identification of supportive networks that are consistent with the young adult’s needs and interests, and the goals identified in the transition plan.
(c) Maintain contact with the young adult. Designated staff and the young adult shall determine the frequency of contact and how often, if ever, the contact shall be face-to-face. During any contact, designated staff shall review and discuss with the young adult progress in life skill development, and the young adult’s transition plan and shall identify additional services that are necessary to assist the young adult in transitioning toward self-sufficiency.
(d) Inform the young adult of the Office of Continuing Care, its purpose, the types of support the office provides, and how to contact the office, pursuant to Florida Statutes § 414.56
(e) Provide assistance upon request by the young adult in choosing and/or enrolling in an eligible post-secondary educational institution, providing information about aftercare services and completing an “”Application for Aftercare Services,”” CF-FSP 5391, (November 2022), which is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14977, shall also be provided. Aftercare Services in accordance with Florida Statutes § 409.1451(3), may be utilized temporarily to assist the young adult in working toward qualifying for PESS.
(5) The community based lead agency must notify a young adult within 10 business days from the date of submission of the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.
(a) If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information within the required timeframe.
(b) If the application is denied, designated staff shall notify the young adult of other available services in which he or she may be eligible for, such as Extended Foster Care, funding through ETV, Aftercare Services, and services that are locally available.
(c) If the application is denied, designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “”Due Process Rights,”” CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05830.
(6) Renewal Application Process. Designated staff shall offer to assist the young adult in completing an updated “”Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application,”” CF-FSP 5382, incorporated in subsection (3) of this rule. The young adult must obtain and provide documentation of continuing to meet all renewal eligibility requirements. The annual renewal period is based on the initial date of enrollment into PESS.
(a) Designated staff shall ask each young adult who is receiving PESS if he or she wishes to apply to renew the award during the 90-day period before the end of the annual award period, and no later than 30 calendar days before the end of the annual award period.
(b) Designated staff shall process the application and shall notify the young adult of the approval or denial, as required by subsection 65C-42.002(3), F.A.C.
(7) Reinstatement of PESS. The reinstatement process shall be the same as for an initial application pursuant to subsection 65C-42.002(3), F.A.C. The young adult must meet initial and renewal eligibility requirements for reinstatement of PESS.
(8) The young adult is eligible for financial assistance under PESS during the summer months if he or she is enrolled in the eligible postsecondary educational institution, as determined by the postsecondary institution.
(9) Termination of PESS. Upon termination of PESS, the Department or contracted agency shall notify the young adult of his or her right to request a fair hearing, pursuant to Fl. Admin. Code R. 65C-42.004
(10) A young adult will be terminated from PESS if he or she becomes incarcerated for a period longer than 30 days.
(11) Documentation requirements. For each young adult receiving a PESS or ETV stipend, the Department or its contracted service provider shall maintain an active case file in child welfare information system. The child welfare information system is the system of record and must contain:
(a) Documentation of the young adult’s current demographic information, including name, address, date of birth, social security number, and the name of the school he or she is attending;
(b) A copy of the young adult’s complete application signed by the young adult and approval authority;
(c) Eligiblity determination in the Independent Living module;
(d) All supporting documentation required for eligibility; and
(e) Description of the types of services and support provided to the young adult.
(12) Portability. The services provided under this rule are portable across county lines and between lead agencies. The service needs that are identified when a young adult applies for PESS shall be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that approved the application.
(13) A community-based care lead agency may add its logo to forms.
Rulemaking Authority Florida Statutes § 409.1451(11). Law Implemented Florida Statutes § 409.1451. History-New 10-4-15, Amended 5-28-18, 1-3-23.
Terms Used In Florida Regulations 65C-42.002
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(3) Initial Application Process for PESS Stipend. Designated staff shall provide the young adult with the “”Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application,”” CF-FSP 5382, (November 2022), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14976.
(a) Designated staff shall assist the young adult in completing the application or meeting eligibility requirements.
(b) All young adults with diagnosed disabilities or mental health needs shall be provided with an equal opportunity to participate in the PESS program. A young adult with a diagnosed disability or mental health need may need additional support; therefore, the designated staff shall work in consultation with all of the young adult’s service providers, guardian ad litem, and attorney, if applicable.
(c) The young adult must obtain and provide documentation of the following:
1. A high school diploma or its equivalent, in accordance with section 409.1451(2)(a)3., F.S.,
2. Admittance for enrollment as a full-time student or its equivalent in an eligible postsecondary educational institution or as a part-time student if he or she has a recognized disability or other challenge or circumstance that would prevent full-time attendance; and,
3. A complete and error-free submission of the Free Application for Federal Student Aid (FAFSA) and application to any grants or scholarships suggested by the post-secondary institution based on the FAFSA submission.
(d) Designated staff shall verify the following:
1. The young adult was living in licensed foster care on his or her 18th birthday or is currently living in foster care; or was at least 16 years of age when adopted from foster care or placed with a court-approved dependency guardian after spending at least six (6) months in licensed care within the 12 months immediately preceding such placement or adoption. A young adult is considered to have been living in licensed care on the date of his or her 18th birthday if the young adult was in the legal custody of the Department on the date of his or her 18th birthday,
2. The young adult spent at least six (6) months in licensed care before reaching his or her 18th birthday,
3. The young adult has reached 18 years of age but is not yet 23 years of age; and,
4. The young adult signed an agreement to allow the Department and the community-based care lead agency access to school records.
(4) Provision of Services. The designated staff must ensure that the young adult is offered the necessary services and shall:
(a) Work with the young adult to update the independent living transition plan, pursuant to Florida Statutes § 39.6035, in preparation for self-sufficiency. The plan shall be reassessed at least every six (6) months for as long as services are provided.
(b) Collaborate with the young adult in the coordination of life skills, counseling, financial plan pursuant Florida Statutes § 409.1451(2), educational support, and identification of supportive networks that are consistent with the young adult’s needs and interests, and the goals identified in the transition plan.
(c) Maintain contact with the young adult. Designated staff and the young adult shall determine the frequency of contact and how often, if ever, the contact shall be face-to-face. During any contact, designated staff shall review and discuss with the young adult progress in life skill development, and the young adult’s transition plan and shall identify additional services that are necessary to assist the young adult in transitioning toward self-sufficiency.
(d) Inform the young adult of the Office of Continuing Care, its purpose, the types of support the office provides, and how to contact the office, pursuant to Florida Statutes § 414.56
(e) Provide assistance upon request by the young adult in choosing and/or enrolling in an eligible post-secondary educational institution, providing information about aftercare services and completing an “”Application for Aftercare Services,”” CF-FSP 5391, (November 2022), which is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14977, shall also be provided. Aftercare Services in accordance with Florida Statutes § 409.1451(3), may be utilized temporarily to assist the young adult in working toward qualifying for PESS.
(5) The community based lead agency must notify a young adult within 10 business days from the date of submission of the application whether the application was approved or denied, or whether additional information, including supporting documentation, is needed.
(a) If additional information is needed, the young adult shall have 10 business days from notification to submit the information. Designated staff shall offer to assist the young adult in obtaining the additional information within the required timeframe.
(b) If the application is denied, designated staff shall notify the young adult of other available services in which he or she may be eligible for, such as Extended Foster Care, funding through ETV, Aftercare Services, and services that are locally available.
(c) If the application is denied, designated staff shall also provide the young adult with information detailing the procedure for appeal and the brochure “”Due Process Rights,”” CF/PI 175-74, August 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05830.
(6) Renewal Application Process. Designated staff shall offer to assist the young adult in completing an updated “”Postsecondary Education Services and Support (PESS) and Education and Training Voucher (ETV) Initial, Renewal and Reinstatement Application,”” CF-FSP 5382, incorporated in subsection (3) of this rule. The young adult must obtain and provide documentation of continuing to meet all renewal eligibility requirements. The annual renewal period is based on the initial date of enrollment into PESS.
(a) Designated staff shall ask each young adult who is receiving PESS if he or she wishes to apply to renew the award during the 90-day period before the end of the annual award period, and no later than 30 calendar days before the end of the annual award period.
(b) Designated staff shall process the application and shall notify the young adult of the approval or denial, as required by subsection 65C-42.002(3), F.A.C.
(7) Reinstatement of PESS. The reinstatement process shall be the same as for an initial application pursuant to subsection 65C-42.002(3), F.A.C. The young adult must meet initial and renewal eligibility requirements for reinstatement of PESS.
(8) The young adult is eligible for financial assistance under PESS during the summer months if he or she is enrolled in the eligible postsecondary educational institution, as determined by the postsecondary institution.
(9) Termination of PESS. Upon termination of PESS, the Department or contracted agency shall notify the young adult of his or her right to request a fair hearing, pursuant to Fl. Admin. Code R. 65C-42.004
(10) A young adult will be terminated from PESS if he or she becomes incarcerated for a period longer than 30 days.
(11) Documentation requirements. For each young adult receiving a PESS or ETV stipend, the Department or its contracted service provider shall maintain an active case file in child welfare information system. The child welfare information system is the system of record and must contain:
(a) Documentation of the young adult’s current demographic information, including name, address, date of birth, social security number, and the name of the school he or she is attending;
(b) A copy of the young adult’s complete application signed by the young adult and approval authority;
(c) Eligiblity determination in the Independent Living module;
(d) All supporting documentation required for eligibility; and
(e) Description of the types of services and support provided to the young adult.
(12) Portability. The services provided under this rule are portable across county lines and between lead agencies. The service needs that are identified when a young adult applies for PESS shall be provided by the lead agency where the young adult is currently residing but shall be funded by the lead agency that approved the application.
(13) A community-based care lead agency may add its logo to forms.
Rulemaking Authority Florida Statutes § 409.1451(11). Law Implemented Florida Statutes § 409.1451. History-New 10-4-15, Amended 5-28-18, 1-3-23.