§346-17.4  Higher education board allowancesfor students.  (a)  An eligible former foster youth shall be eligible forhigher education board allowances after reaching the age of majority, and thehigher education board allowance for that former foster youth shall be paid toan accredited institution of higher education, another intermediary contractedby the department, the former foster youth, or to the former foster youth'sformer foster parents or legal custodians, as appropriate; provided that:

(1)  The former foster youth is twenty-six years oldor younger;

(2)  The former foster youth has submitted anapplication for the higher education board allowance through the age oftwenty-one years old, except that a former foster youth who is between the agesof twenty-two years and twenty-six years on July 1, 2008, and attending aninstitution of higher education, may apply for a higher education boardallowance after July 1, 2008, and no later than June 30, 2009; and

(3)  The former foster youth is attending or has beenaccepted to attend an accredited institution of higher education.

(b)  The higher education board allowance maybe issued while the former foster youth is attending an accredited institutionof higher education on a full-time basis or on a part-time basis, in accordancewith rules adopted by the department.

(c)  Reimbursement to foster parents for theformer foster youth's higher education board cost up to the maximum allowableboard amount shall be made retroactive to the former foster youth's entry intoan accredited institution of higher education on a full-time basis, but noearlier than July 1, 1987, or on a part-time basis for the first academic year,but no earlier than July 1, 1999.

(d)  Higher education board allowances may beapplied by the former foster youth to costs incurred in undertaking full-timestudies or part-time studies at an institution of higher education inaccordance with rules adopted by the department.

(e)  The duration of the total higher educationboard allowance shall not exceed sixty months.

(f)  The department's standards relating toincome resources of foster children shall be applicable to this section.

(g)  Higher education board allowances shall beprovided subject to the availability of state and federal funds. [L 1989, c394, §1; am L 1990, c 276, §1; am L 1999, c 124, §1; am L 2000, c 79, §1; am L2001, c 80, §2; am L 2006, c 289, §3; am L 2008, c 198, §2]