Contents
What is the Parents as Scholars Program?
What kind of help will I get from
the PaS Program?
Are there "Time Limits" in the PaS
Program?
Who is eligible
for Parents as Scholars?
Being accepted
into PaS: How to show that you are eligible
Once I'm in PaS, what are the rules?
What is Good Cause?
What if I can't meet a PaS requirement?
Special Issues for two-parent families.
How do I apply
for PaS?
How will I
know if my educational program and support services have been approved?
Fair Hearings
Pine Tree Legal Assistance, Inc.--help with fair
hearings
When you are talking to DHHS, questions can arise.
Bring this information with you.
What is the Parents as
Scholars Program?
Student Aid. The
Parents as Scholars (PaS) program is a student aid program that
helps low-income parents in two or four-year college programs.
It was created by the Maine Legislature in 1997 as part our state's
welfare reform plan. PaS is run by the Maine Department of Health and Human
Services (DHHS) through the ASPIRE Program. Only parents who are
eligible for, but not necessarily receiving, Temporary Assistance to Needy Families with Children
(TANF, formerly AFDC) are eligible for PaS.
Pioneer program.
If you decide to enroll in Parents as Scholars, you will be a
pioneer! In 1996, the United States Congress passed a "welfare
reform" law that penalized States if they helped TANF recipients
go to college. As a result, most states ended their support for
college. In these states, many TANF recipients who were students
were forced to drop out of school to take a low wage job, or do
"volunteer work" ("workfare") instead.
This did not happen in Maine. Maine has set up a special program to support college-level education for parents
who qualify for TANF. We did this by creating a new, state-funded
program called Parents as Scholars. State money that was going
into the TANF program is now being used to support TANF eligible
students who are in the PaS Program. Since we are mainly using our own
state dollars to fund this program, we can make our own rules.
This means that we can transfer TANF recipients who want to go
to college into the PaS Program where they will have that opportunity.
So think of yourself as a pioneer. PaS is a
new program. All of us - DHHS, colleges and universities, advocates,
and, most of all, students - must work to make sure that it provides
a real opportunity and real support to parents who have chosen
a two or four-year degree as their route to a living wage for
themselves and their children.
What Kind
of Help Will I Get from the PaS Program?
Monthly Cash Assistance
Students in the PaS Program will receive a
monthly PaS check for the same amount that they would have received
in the TANF program. For example, the maximum PaS check for a
family of 3 is $485 per month -- just as in TANF. Child Support and other
benefits are the same as for a family receiving TANF.
Supportive
Services
The PaS Program provides the same support services
that you would get in the ASPIRE Program. This includes most services
necessary to complete your educational plan. You should make sure
that the services you need are included in your amended "family
contract" (more on this later). Here is a list of the support
services currently available to PaS students. Some of the amounts
available for these services may increase. check with you ASPIRe/PaS case
manager for more information.
Child
Care. Child Care for children under 13 years
old. The Department
will also pay for children 13 and over who are physically or mentally unable to
care for themselves.
Transportation. Transportation is reimbursed at
30 cents a mile up
to a maximum of 400 miles a week. Reimbursement is also available
for public transportation and car-pooling. Taxi fare is available
on a temporary basis when necessary.
Car repairs. The Department will pay up to a maximum
of $500 in a calendar year for needed car repairs. The vehicle must be registered to the PaS family. Except
in emergencies, repair costs must be approved by your PaS case manager
before the work is done.
Auto liability insurance. PaS will pay the cost of the
minimum liability insurance required by Maine law up to a maximum
cost of $300 for the time you are enrolled in PaS. If the vehicle
is owned jointly with another person, or used by another person,
PaS will only pay your share of the cost.
Eye care. PaS will pay the cost of eye care, not covered by
Medicaid, that is necessary to participate in school. This includes
glasses up to $200 per calendar year. If the participant has a special vision problem,
the Program may exceed this amount to cover the least expensive
quality option necessary to correct the condition.
Dental care. PaS will pay the cost of dental care which
is not covered by Medicaid, and which is necessary to alleviate
pain or to help the participant become employed. It will pay the
least expensive cost for quality care up to a maximum of $2,000 for the time you
are enrolled in PaS.
Books and Supplies. PaS will pay up to $750 per academic year
for books and supplies that are required for everyone in the class. PaS will
only pay for books and supplies if you don't have enough left from your
financial aid grant (not including loans)to cover these expenses.
Clothing and uniforms. PaS will pay for clothing and uniforms required by
your program. It will also pay for emergency clothing to meet
the participants' immediate needs such as a winter coat. Clothing
and uniform costs are limited to $300 in a calendar year.
Tuition and mandatory school fees.
PaS will not usually pay tuition
or mandatory fees. It will be up to the student to apply for financial
aid for these items. Your college can give you information and
assistance in seeking financial aid. However, PaS will
pay tuition and fees when the participant is not able to get other
educational funding because of poor credit or other reasons. In
these limited cases, PaS will pay up to $3,500 per academic year
for tuition and fees.
Occupational Expenses. PaS will also pay up to $500
during the time you are enrolled in PaS for occupational expenses
such as tools, equipment, examination fees, or license fees if
required by an employer or for approved self-employment.
Other services.
PaS will pay up to $500 in a calendar year for other
expenses that are necessary for you to participate in your education
plan. It will pay for the least expensive quality service required
to meet the need. Some examples of "other" services
may be a calculator, or special items like a safety equipment
for a science course.
Are
There "Time
Limits" in the PaS Program?
Because only the first year you participate in PaS is funded with federal
dollars, most of the time spent
in PaS will not count against any time limit on benefits that
may be applied to families in the TANF program. (Read
more about
TANF time limits.) However, there
are some limits on the amount of time that parents in PaS will
have to finish their educational program. Go
to more details on PaS time limits.
Who is
Eligible for Parents as Scholars?
PaS is limited to 2,000 participants at any
one time. As of December 2007, there were approximately 1000 parents enrolled in PaS, so there is still
plenty of room in the program.
You
are eligible for the PaS program if all of the following are true:
- You are eligible
for TANF;
- You are "matriculating " (enrolled) in a two
or four-year post-secondary degree program;
- You do not already have a bachelor's degree in a field
where there is work available to you;
- You do not have the skills to earn at least 85% of Maine's
median wage ($46,271 for a family of three);
- The degree you will be receiving will improve your ability
to support your family; and
- You have the aptitude to complete the educational program
that you have chosen.
Being Accepted
into PaS: How to Show that You are Eligible
The key to getting into PaS is to be prepared
to show that you meet the six eligibility criteria listed above.
Here are some suggestions that may help.
Are you "matriculating?" The law says a person must be "matriculating"
or enrolled in a two or four year post-secondary program to be
eligible for PaS. Department of Health and Human Services' rules define "matriculation"
as being enrolled in a two or four-year post-secondary program.
Basically, if your school considers you to be matriculating, the
Department will too, even if you are enrolled on a conditional
basis or have not yet declared a major.
"Conditional Acceptance" Often students take some remedial classes at
their college or university before they begin their actual college
class work. If this is your situation, see if your school will
grant you "conditional acceptance." This means that
you are accepted on the condition that you complete your remedial
work successfully. If you have been conditionally accepted, and
are taking remedial courses at the school, you will be considered
matriculating.
"Remedial Courses" If you are taking these remedial courses outside
of a college or university, e.g. from a local adult education
program, you will probably not be considered to be matriculating.
However, you can apply for the PaS Program after you have finished
these remedial courses and have been accepted and enrolled in
a college program.
Can you earn 85% of the State median wage? Most people without a college degree
do not have jobs where they can earn this salary, so this should
not be a significant barrier for most PaS applicants. Look at
the wages you received in the best paying job you have had. If
that job paid less than 85% of the median for your family size,
as shown on the chart below, then this should not be a problem
for you.
|
Family Size |
2 |
3 |
4 |
|
85% of
state median weekly income |
$720 |
$889 |
$1,059 |
Current as of December 2007.
However, if you have significant skills, and
the Department argues that you are able to earn this much, you
must be able to show why this is not true.
For example, you might show that:
- the jobs in your previous occupation are no longer available
in your area;
- an injury prevents you from returning to the kind of work that
paid that wage;
- your previous occupation does not actually pay at that level;
or
- there is some other reason you cannot earn 85% of
the median wage.
There are many ways to bolster your case.
Will the educational program you have
chosen improve your ability to support your family? Before you choose an educational program, it
is important to have an idea of the kinds of jobs you will be
suited for when you graduate, and the wages that you will be likely
to earn.
You should also try to get information from your college
or university about the job placement rate of people graduating
from the program that you have chosen. If this information shows
that the program that you have chosen is likely to improve your
ability to support your family, then you will be prepared for
any questions that your ASPIRE/PaS case manager may have about your educational
choice.
If this information is not available at the
college or university, check publications from the MDOL for information
on the average and entry level wages in Maine. MDOL also produces
information on the demand for certain occupations over the next
several years. Check your local library for this information or
contact the Labor Market Information Division of the MDOL at
287-2271.
If your case manager denies a program that you have chosen, and you
believe the program would improve your ability to support your
family, you can request a fair hearing.
Do you have the aptitude to complete the
educational program that you have chosen? For
many parents, it is tough to go back to school. If you are not
sure whether you will be able to handle the program, talk to an
academic counselor at the school. The ASPIRE/PaS case manager should
accept the school's decision about whether or not you have the aptitude to succeed in the program that you have chosen. The best
way to show ASPIRE that you have the aptitude to succeed is to
be accepted by a college or university. This usually means the
school has made a decision that you have the aptitude to succeed
in their program. However, if your school admits everyone (i.e.
has an open admissions policy) and your ASPIRE/PaS case manager questions
your aptitude to succeed, you should get a letter from an academic
counselor stating that they believe you have the ability to succeed
in your chosen program.
If you are denied entrance into PaS because your case manager says you do
not have the aptitude to succeed, contact Maine Equal Justice.
Once I'm
in PaS, What are the Rules?
To keep the cash assistance and supportive
services that PaS provides for students, you must comply with your family
contract and the following rules. Remember, you can appeal
your family contract if you disagree with what if requires you to do.
How many hours a week must I "participate"?
What counts as "participation"?
Important Information: Students must be involved in approved activities for
a certain number of hours each week in order to receive assistance
from the PaS Program. Here are the current requirements:
The first two years. Unless
you have good cause, you will be required
to participate 20 hours per week in your first 2 years in the
PaS Program. If you are attending school full-time, you will meet
this requirement because both your class time and study time will
count. DHHS assumes that you spend 1 1/2 hours studying for each
hour of class time.
| For example, if you are taking 12 hours of classes (be sure to count
all of the hours you actually spend in labs, not just the credit hours you get),
DHHS will assume that you are studying for 18 hours. This
means that you will be "participating" for a total of
30 hours in that week. You will more than meet the participation
requirement with your class time and study time alone. |
The third year and beyond.
After your first two years in the PaS Program, you
will be required to increase your hours of participation. To meet
this additional requirement you can choose one of the following
two options:
Option #1. You
can participate in 15 hours of "work-site" experience
in addition to other education, training or study; or
Option #2. You
can participate in a total of 40 hours of education, training,
study, or work-site experience.
In general, people will find it most manageable to choose Option #2. If you are
in class at least 12 hours, you will be presumed
to be studying at least 18 hours per week, leaving your additional
work requirement at 10 hours a week.
However, if you are in a
program that includes a significant internship, practicum or the
like, you may want to choose Option #1. Your internship can count
toward your work requirement as well as earning you school credit.
Here are examples of how this choice might
work for two different students:
Example - Option #1. Susan is an education major in her fourth year
at the University. She is participating in class for 12 hours a week and in an internship for 20 hours a week at the local school. Susan has
chosen option #1. Her internship surpasses the 15-hour per week
work requirement.
|
| Example - Option #2. Judy is an engineering major in her third year
at the University. This semester her coursework does not include
any practicums, field placements, internships or labs. With her
12 hours of classes and 18 hours of study time she is already
participating 30 hours a week. By taking 10 hours of work-study
she is able to reach the 40 hours of activity required by option
#2. She chooses option #2. |
This may sound difficult, but don't panic!
We know that it is tough to work while you are going to school
and raising a family. It might help that "work-site experience"
is very broadly defined in Maine law.
"Work-site experience" includes:
-
paid employment,
- work study,
- practicums,
- internships,
- clinical
placement,
- laboratory or field work related to your employment
goal,
- volunteer work, or
- any other work-like activity that will
increase your chances of getting employed.
- In a student's last semester, time spent in
resume preparation, employment research, interviews or other activities
related to getting a job also count as work-site experience.
Note: Work-study income does not affect the monthly Parents as
Scholars check or your food stamp benefit.)
What about summers?
If
you are not in school in the summer or during other times when
your school is not in session, you will be expected to do something
such as volunteer or work for pay, 30 hours per week. You may
also have the option of continuing to go to school throughout
the summer. If you choose to do this, the participation requirements
for students described above will apply to you during this time
too.
Do I have
to go to school full-time?
Department rules say that a PaS student must
be enrolled in school full-time with the expectation that they
will finish their degree in the "normal" time for that
program (either 2 or 4 years). However, the rules allow students
more time to finish if they have "good cause" (see
good cause).
Good cause can help people in two ways.
1. Good cause can help a person
who needs more time to finish their program. A person with good
cause may be given up to 1 ½ times the normal amount of
time to complete their program. This would allow a student to
take fewer credit hours in a semester. A student with good cause
can take:
- Up to 6 years to complete a 4-year program;
and
-
Up to 3 years to complete a 2-year program.
Students who need even more time than this to complete school
because of a disability must be given that time. It is a reasonable accommodation
under the Americans with Disabilities Act. Contact Maine Equal Justice,
if you think
that you need more time as a reasonable accommodation but your case manager
disagrees.
2. The number of hours a student is required
to participate each week can also be reduced if the student has
"good cause." As we discussed above, students who have
been in PaS for more than 2 years are required to participate
in additional hours of "work-site experience." These
additional hours may also be reduced for good cause.
| For example, Michelle is in her third year
at the University. She is a full-time student and is also required
to participate in work-site experience in addition to school and
study. However, her daughter has been diagnosed with a condition
that requires therapy several times a week. This prevents Michelle
from participating in these additional hours of work-site experience.
In this case, Michelle should be excused from participating in
these additional hours for good cause. |
What is Good Cause?
"Good Cause" includes:
- The need to care for a family member with special needs;
- A physical or mental health problem;
- Illness, accident or death;
- A serious family problem;
- The need to appear in court;
- The lack of a support service like child care or transportation
needed to participate;
- Inability to participate because of domestic violence, including
the physical or psychological effects of abuse, the need to
participate in legal proceedings or counseling, or to protect
yourself from the abuser; or
- Any other reason that is beyond your control or that a reasonable
person would consider to be good cause.
If you believe that you have good cause, but
your ASPIRE/PaS case manager disagrees, you can request a fair hearing.
"Satisfactory Progress"
To remain in PaS, you must make "satisfactory
progress" in your program.
Keeping your grades up. To maintain satisfactory progress, you will have to
meet the standards of the school that you attend, or at least
maintain a 2.0 grade point average (GPA). If you fall below a
GPA of 2.0 in one semester, PaS will give you one "probationary"
semester to get your grades up. If your overall GPA drops below
2.0, your case manager should give you one semester to bring your semester GPA
up to 2.0 and a second semester to bring your overall GPA up to 2.0.
Other Expectations. You
will also be expected to:
- Attend classes
as scheduled and participate as required by the school,
- Report to your case manager anything that might affect
your ability to participate in your program,
- Give your ASPIRE/PaS case manager a copy of your financial
aid award letters, and
- Give your ASPIRE/PaS worker copies of your grades, as
they become available.
If you do not meet these requirements, then
your case manager may insist that you return to TANF and the ordinary
ASPIRE program. This decision must be made in writing and you
must be given the opportunity to appeal
it.
What if I Can't Meet a PaS
Requirement?
If you don't meet a PaS requirement such as attending a meeting with your
case manager, your case manager can propose a sanction just like in ASPIRE. If
you have good cause for not meeting a requirement,
you should not be sanctioned. There are several steps the case manager must take
before a sanction is imposed:
- Thoroughly review your circumstances;
- Send you a notice explaining why you might be sanctioned along
with a complete list of good cause reasons as stated in Maine law;
- Give you an opportunity to tell DHHS what your good cause
circumstances are; and
- Get their supervisor to approve the recommendation to sanction
you.
If you disagree with a sanction, you should appeal
it.
Special
Issues for Two-Parent Families
Families with both parents in the household
can be eligible for TANF or PaS if:
- One parent
is disabled or incapacitated; or
- The Principal Wage Earner -- the parent who earned
the most money in the 24 months prior to application -- is unemployed.
To qualify, the principal wage earner had to have a certain amount
of earnings, or have been eligible for or received unemployment
benefits in the last year.
Parents in 2-parent families can apply for the PaS Program.
Both parents can participate in PaS. However, if only one parent is in
PaS, the parent who is not in school
will be expected to work for at least 30 hours per week in either
a paid job or in a "volunteer" placement. The parent who is in
school must meet all PaS requirements.
Be aware that
if the principal wage earner (as defined above) works at a paid
job for more than 130 hours in a month, that has the "catch-22"
effect of making the entire family ineligible for either PaS or TANF!
Instead of working 30 hours per week, the parent
who is not in school also has the option of participating in up
to a year of vocational educational training, or applying for PaS.
Finally, no one can be required to work, unpaid,
for more hours than would result if you considered your "pay"
to be minimum wage ($7.00 per hour as of October 1, 2007), and your "pay check"
to be your PaS check and food stamps combined.
How Do
I Apply for PaS?
If you are not getting TANF benefits now.
1. Apply for TANF. If you are not receiving TANF right now, you must
first apply for TANF benefits at your regional
DHS office. The same application is used for TANF and PaS benefits.
(Remember that you must be eligible for TANF in order to be eligible for PaS.)
2. Orientation meeting. While your TANF eligibility is being determined,
you will be required to attend a group orientation meeting. At this meeting you
should be told about the PaS Program, as well as other options available in the
ASPIRE Program.
3. Meet with case manager. Next you will meet with an ASPIRE/PaS case
manager. Tell your case manager that you want to participate in the PaS Program.
Ask for the PaS application form, fill it out and give it to the ASPIRE/PaS case
manager.
Be prepared to show that you meet the six
eligibility criteria.
4. Written decision. You should get a written decision, within 30 days of
your request, telling you whether or not you will be admitted to the PaS
Program. You have a right to a fair hearing if you
disagree with this decision.
If
you are receiving TANF benefits now.
1. Apply for PaS at any time. You can apply for the PaS Program at any
time. Ask your ASPIRE/PaS case manager for the PaS application. Complete the
application and return it to your case manager. (If you don't have an ASPIRE/PaS
case manager, ask your TANF worker for the application.)
Be prepared to show that you meet the six
eligibility criteria.
2. Written decision. You should get a written decision on this
application within 30 days. You have a right to a fair hearing if you
disagree with DHHS's decision.
When you meet with your ASPIRE/PaS case worker, you
will complete an amendment to your "Family Contract."
(You signed the original "family contract" when you
applied for TANF. That is why this new contract is called an "amendment.")
During this meeting emphasize that you want to be admitted to
the PaS Program and tell your case manager:
- what kind of educational program you want,
and
- the support services you will need to participate
in it.
You should be given a written list of all
available support services. Check off
all of those that you will need and give the list back to your
ASPIRE/PaS case manager. (List of support services)
Next, your case worker will fill out the contract
indicating the educational program approved for you, and the support
services that the Department will provide to you.
If you disagree
with anything in this contract you have the right to request a
fair hearing. You can appeal any part of this contract. For example,
you can appeal a decision denying your choice of education or
training program, or DHHS's refusal to provide a support service,
like eye glasses, that you think you need for your program.
Important note:
DHHS will require you to sign the Family Contract amendment even
if you disagree with it. Don't worry. Signing it does not prevent
you from appealing through a fair hearing. The forms presently have a
place that you
can check saying you disagree. Even if you don't check that box, you can
still appeal.
|
Fair Hearing
Throughout this information, we have told you
of your right to appeal by requesting a fair hearing if you disagree
with a DHHS decision.
Anyone who disagrees with any action or decision
regarding their PaS or TANF cash benefit or their PaS or ASPIRE
program or support services has a right to appeal.
To appeal, tell the case manager who made the
decision that you want a fair hearing. A fair hearing is then
held before an impartial hearing officer who will hear your testimony
and the DHHS case manager or supervisor (and any other witnesses
that you or DHHS want), look at the records and the law and make
a written decision.
Anyone requesting a fair hearing should seek
legal advice from Pine Tree Legal
Assistance.
Hearings usually must be requested within 30
days of the decision.
If the decision was to terminate or reduce
benefits, then a hearing requested within 10 days will allow you
to continue to receive benefits at the prior level pending the
outcome of the fair hearing.
If the hearing officer decides the
termination or reduction in cash benefits was correct, the extra benefits
the person received during the appeal period must be paid back
(usually by a 10% or 30% reduction in future benefit checks). The
repayment provision does not apply to any support services you may have received
during this time.
Anyone requesting a fair hearing should seek legal advice from
Pine Tree Legal Assistance.
Who is Maine Equal Justice?
We are the authors of this pamphlet and several
other educational pamphlets for low-income families on issues
related to health care, welfare and
low wage work. We also handle
class action lawsuits and other challenges to welfare rules and
policies. We would be glad to answer any questions that you have
about the information in this pamphlet. We would also welcome
your feedback on how to improve this pamphlet.
Contact MEJP
|
Disclaimer
Maine Equal Justice Partners
August 2007
We are providing this information as a public service. We try to make it accurate as of the date
indicated for each client education page. Sometimes the law changes. We cannot guarantee or promise that this information is
always up-to-date and correct. Feel free to contact us to find out if there have been any changes since the date of the
information provided.
We do not intend this information to be legal advice. We do not intend it as advertising or
solicitation. By providing this information, we are not acting as your lawyer. It is best to consult a competent lawyer before
taking legal action.
Because it is important that information be shared, we encourage reproduction and distribution of our
work so long as appropriate acknowledgement is made. Please check
with us for updates on information before distributing any dated material.
|
