(1) As used in this section: (a) "Education expense" means: (i) tuition or student fees at an institution of higher education that participates in the federal student assistance programs under the Higher Education Act of 1965, Title IV, 20 U.S.C. Sec. 1070 et seq.; (ii) repayment of a student loan; or (iii) other costs of attending an institution of higher education described in Subsection (1)(a) (i), as determined by the institution of higher education, for a degree or certificate program, including: (A) books; (B) supplies; (C) transportation; and (D) room and board. (b) "Eligible recipient" means an individual who: (i) is a resident of the state; (ii) successfully completes a fellowship under the program created in this section; and (iii) is a citizen of the United States, a United States national, or a lawful permanent resident of the United States. (c) "Federal requirements for the AmeriCorps program" means: (i) relevant provisions of: (A) the National and Community Service Act of 1990, as amended, 42 U.S.C. 12501 et seq. and corresponding federal regulations; (B) the Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. 4950 et seq. and corresponding federal regulations; (C) the Federal Grant and Cooperative Agreement Act, as amended, 31 U.S.C. Secs. 6301 through 6308, and corresponding federal regulations; and (D) AmeriCorps' C.F.R. Chapters XII and XXV; and (ii) any terms and conditions associated with AmeriCorps federal grant funding. (d) "Institution of higher education" means the same as that term is defined in Section 53H-1-101. (e) "Participant" means an individual who: (i) is at least 17 years old; (ii) has received a high school diploma or its equivalent; and (iii) the program matches with a qualified partner organization to participate in a program fellowship. (f) "Program" means the One Utah Service Fellowship Program created in Subsection (2). (g) "Qualified partner organization" means a nonprofit organization or government entity that: (i) agrees to supervise a participant for the total number of hours outlined in an agreement with the commission; (ii) except as provided in Subsection (4)(d) or (6), agrees to provide the commission or third- party administrator with a matching living allowance amount, as described in Subsection (5); and (iii) provides a valuable service to the community, as determined by the commission or commission rule. (h) "State funds" means funds that are owned, held, or administered by the department to administer the program as described in this section. (i) "Supervise" means the act of overseeing the work of an eligible recipient, including some component of in-person interaction. (j) "Third-party administrator" means an entity that: (i) enters into an agreement with the department, as described in Subsection (8); (ii) is a nonprofit organization or subsidiary or affiliate of an institution of higher education; (iii) has experience managing programs and funds; and (iv) operates under the direction of the commission. (k) "Tuition award" means an amount of money to be used for an education expense, as described in Subsection (7). (2) There is created a One Utah Service Fellowship Program to provide meaningful service opportunities to young adults in the state to: (a) prepare young adults for additional educational, training, and career opportunities; (b) address high-priority needs within the state; and (c) provide a living allowance to a participant, a tuition award to an eligible recipient, or both, in accordance with this section. (3) (a) Subject to appropriations from the Legislature, the commission shall administer the program as described in this section. (b) Except as otherwise provided in an agreement authorized by Subsection (8)(b) the commission: (i) shall create and maintain a list of high-priority policy needs in the state where program service opportunities can provide the most value to the state; (ii) shall receive an application from a potential participant; (iii) shall match a participant to a qualified partner organization for participation in the program; (iv) shall approve a potential qualified partner organization to participate in the program; (v) shall prioritize the placement of participants with qualified partner organizations that address the high-priority policy needs identified under Subsection (3)(b)(i); (vi) shall create and maintain, or contract with a third-party to create and maintain, an online portal that: (A) provides information about the program, including required qualifications for participation, tuition awards, and living allowances; (B) lists all service opportunities with qualified partner organizations that are available through the program; and (C) allows a potential participant to apply for placement with a qualified partner organization; (vii) shall determine the metrics of success of the program, including metrics regarding whether an eligible recipient: (A) matriculates at an institution of higher education after completing a One Utah Service Fellowship; and (B) graduates from, or otherwise completes a program at, an institution of higher education; (viii) shall measure the success of the program according to the metrics determined under this Subsection (3); (ix) shall coordinate with institutions of higher education to: (A) connect an eligible recipient with additional educational, training, certification, and apprenticeship opportunities; and (B) explore options to award an eligible recipient with academic credit for the completion of a One Utah Service Fellowship, in addition to the living allowance or tuition award; (x) may solicit private donations to supplement the program, including to offset a matching amount required of a qualified partner organization as described in Subsection (4)(d); (xi) shall market and provide outreach for the program; and (xii) shall ensure the program complies with federal requirements for the AmeriCorps program administered by the commission. (c) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section. (4) (a) Before a participant begins providing service through the program, the commission or third- party administrator shall enter into an agreement with the participant that outlines the mutual expectations of the program and the participant. (b) The agreement described in Subsection (4)(a) shall detail the requirements of the participant, including: (i) the total number of hours of service required under the agreement; (ii) the exact living allowance amount promised to the participant in consideration of service, as described in Subsection (5); (iii) the exact tuition award amount promised to the participant upon successful completion of a fellowship, as described in Subsection (7); (iv) qualifications for and acceptable uses of the tuition award, as described in Subsection (7); and (v) the circumstances under which the agreement may be amended, including for participant hardship or compelling personal circumstance. (c) (i) Subject to Subsection (4)(c)(ii), before a qualified partner organization accepts service from a participant, the commission or third-party administrator shall enter into an agreement with the qualified partner organization that outlines the mutual expectations of the program and qualified partner organization, including the exact amount of matching funds the qualified partner organization shall provide to the commission or third-party administrator to contribute to a participant's living allowance. (ii) A qualified partner organization shall agree to contribute no less than $5 per hour to a participant's living allowance, except as provided in Subsection (4)(d) or (6). (d) The agreement described in Subsection (4)(c) may include a provision that the program is reducing the qualified partner organization's matching fund requirement due to the receipt of private donations or eligible federal funds, as described in Subsection (5)(c)(ii). (5) (a) The commission may issue, and a participant may receive, a living allowance for participating in the program. (b) The commission or third-party administrator shall establish the exact living allowance for a participant on a case-by-case basis in an agreement described in Subsection (4)(a) based on: (i) available program funds; and (ii) any matching funds provided by: (A) the qualified partner organization with which the participant is paired; (B) private donations to the program; or (C) eligible federal funds. (c) (i) Except as provided in Subsection (5)(c)(v) or (6), the commission or third-party administrator shall contribute no less than $5 per hour and no more than $8,500 of the living allowance for the term of the agreement, from state funds. (ii) The commission or third-party administrator shall supplement the remaining balance of a participant's exact living allowance from other funds, including: (A) matching funds provided to the commission or third-party administrator by a qualified partner organization; (B) private donations to the program; or (C) eligible federal funds. (iii) The commission or third-party administrator shall prioritize a participant's placement with a qualified partner organization based on the amount of matching funds the qualified partner organization proposes to provide to the commission or third-party administrator under Subsection (5)(c)(ii)(A), with preference going to qualified partner organizations that offer to provide a larger living allowance. (iv) (A) The living allowance and matching fund amounts shall be established based on the participant's total committed number of hours over the term of the agreement described in Subsection (4). (B) The commission or third-party administrator shall disburse the living allowance to a participant in equal installments over the term of the agreement, no less than on a monthly basis. (v) The commission or third-party administrator may contribute less than $5 per hour of the living allowance from state funds when another source of eligible funding, including funding from federal programs, covers all or part of the living allowance for the term of the agreement. (6) (a) A qualified partner organization that is an institution of higher education, as defined in Section 53H-1-101, may enter into an agreement with a participant for a tuition-only award under the program. (b) The agreement in Subsection (6)(a) shall comply with the requirements described in Subsections (4)(a), (4)(b)(i), and (4)(b)(iii) through (v). (c) (i) The director shall review the participation data collected under Subsection (6)(a) to determine whether the participation data supports continuing the tuition-only award under the program. (ii) If the participation data fails to support a tuition-only award under the program, the director may discontinue the tuition-only award under the program. (7) (a) The commission or third-party administrator shall provide or approve the issuance of a tuition award to an eligible recipient, according to the terms of the agreement described in Subsection (4), upon the successful completion of a fellowship. (b) The commission or third-party administrator shall establish the exact tuition award for an eligible recipient on a case-by-case basis in an agreement described in Subsection (4)(a). (c) The commission or third-party shall base the tuition award described in Subsection (7)(b) on federal requirements for the AmeriCorps program, including: (i) a maximum tuition award for 1,700 hours of service during the term of service; and (ii) a reduced tuition award for a reduced number of hours of service during the term of service. (d) An eligible recipient may use a tuition award: (i) for an eligible education expense; (ii) over a seven-year period beginning the day on which the eligible recipient receives the tuition award; and (iii) subject to the requirements of Subsection (7)(e). (e) If the program uses state funds to supplement a tuition award: (i) the commission or third-party administrator shall detail that information in an agreement described in Subsection (4)(a); and (ii) an eligible recipient may only use the state funded portion of the tuition award after the eligible recipient has exhausted any scholarship, education grant, or financial aid. (8) The department: (a) shall provide staff support to the commission to implement the program; and (b) may enter into an agreement with one or more third-party administrators to administer and implement the program under the direction of the commission, including by fulfilling one or more of the responsibilities described in Subsection (3).
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