PRINTER'S NO. 776
No. 713 Session of 1989
INTRODUCED BY REGOLI, ANDREZESKI, SCANLON, MUSTO, SALVATORE, JONES, PECORA, STOUT, SHAFFER, WILLIAMS, STAPLETON, PORTERFIELD, AFFLERBACH, REIBMAN, BODACK AND HELFRICK, MARCH 20, 1989
REFERRED TO EDUCATION, MARCH 20, 1989
AN ACT 1 Providing State-funded grants for qualified students of 2 Pennsylvania who need financial assistance to attend 3 postsecondary institutions of higher learning on a part-time 4 enrollment basis; providing for the administration of this 5 act; and making an appropriation. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Part-Time 10 Student Grant Act. 11 Section 2. Purpose. 12 Part-time enrollments and part-time students' financial needs 13 are steadily increasing each year. Today nearly one of every 14 four undergraduates and one of every two graduate students in 15 Pennsylvania's postsecondary institutions are enrolled on a 16 part-time basis. Enrollments are growing as many Pennsylvanians 17 find it necessary to seek further education and training after 18 experiencing unemployment and job displacement as our economy's
1 basis shifts from heavy industry to services and high 2 technology. Increasing numbers of women are enrolling on a part- 3 time basis as more employment opportunities become available to 4 women and, in many cases, as it becomes necessary for women to 5 work to augment a spouse's income or to support children as 6 single parents. Additionally, attendance on a part-time basis 7 represents one method of coping with the rising college costs 8 and diminishing access to financial aid to meet those costs that 9 all students have experienced during the 1980's. While part-time 10 students represent over 30% of all enrolled students, they have 11 access to less than 8% of all available financial aid, primarily 12 because of the demand for financial aid by full-time students. 13 The General Assembly believes the Commonwealth can no longer 14 overlook the part-time students' needs or the potential benefits 15 that will accrue to Pennsylvania from attendance and completion 16 of educational programs by such students. Therefore, the purpose 17 of this act is to establish a publicly funded program of grant 18 assistance to help students pay for their costs of attending 19 postsecondary educational institutions on a part-time basis. 20 Section 3. Definitions. 21 The following words and phrases when used in this act shall 22 have the meanings given to them in this section unless the 23 context clearly indicates otherwise: 24 "Agency." The Pennsylvania Higher Education Assistance 25 Agency (PHEAA). 26 "Approved high school." Any public or private secondary 27 school, whether designated as a high school, academy, 28 preparatory school, or otherwise, located in this Commonwealth 29 or elsewhere, which in the judgment of the Pennsylvania 30 Department of Education, provides a course of instruction at the 19890S0713B0776 - 2 -
1 secondary level, and maintains standards of instruction 2 substantially equivalent to those of the public high schools 3 located in this Commonwealth. 4 "Approved institution of higher learning." Any institution 5 of higher learning approved by the agency. 6 "Approved program." Any program of study approved by the 7 agency. 8 "Financial need." The need of the student as calculated by, 9 or at the direction of, the agency according to standards and 10 tests of financial need approved by the agency. 11 "Guardian." Any person or persons, other than a parent with 12 whom a minor child has lived and been in the continuous direct 13 care and control of for a period of not less than two years for 14 purposes of domicile. 15 "Part-time student." A student enrolled less than full time, 16 but at least the equivalent of six semester credits or 225 clock 17 hours of instruction per semester, in a program approved by the 18 agency and at an approved institution of higher learning or 19 shall mean a student enrolled in a program of study of less than 20 two academic years but at least one academic year as defined by 21 the agency. 22 "Part-time student grant." A grant to an eligible applicant 23 enrolled as a part-time student paid from funds specifically 24 appropriated for this purpose. 25 Section 4. State Part-Time Student Grant Program. 26 (a) Creation and administration.--The Part-Time Student 27 Grant Program is hereby created and is to be administered by the 28 Pennsylvania Higher Education Assistance Agency. 29 (b) Powers of agency.--The agency shall prepare and 30 supervise the issuance of public information concerning the 19890S0713B0776 - 3 -
1 provisions of the Part-Time Student Grant Program and prescribe 2 the form and regulate the submission of applications; calculate 3 the financial need and determine the eligibility of applicants; 4 select qualified recipients; award appropriate grants; and 5 determine eligibility for renewal of grants. The agency is 6 authorized to make all necessary and proper regulations, 7 consistent with this act, for the efficient exercise and 8 implementation of the foregoing functions and other activities 9 under this act. 10 Section 5. Eligibility. 11 (a) Qualifications.--Any student is eligible for 12 consideration for a part-time student grant providing: 13 (1) The student meets the domicile requirements as 14 follows: 15 (i) A student who is under 18 years of age at the 16 time the student makes application for an award or to 17 renew an award must have a supporting parent or guardian 18 who has been a bona fide domiciliary of this Commonwealth 19 for at least 12 months immediately preceding the date of 20 application for a grant or to renew a grant. 21 (ii) A student who is 18 years of age or over must 22 have been a bona fide domiciliary of this Commonwealth 23 for a period of at least 12 months prior to the time this 24 student makes application for a grant or to renew a 25 grant. 26 (iii) Any period of time during which a person is 27 enrolled as a student in an educational institution may 28 not be counted as a part of the 12 months' domicile 29 herein required when the student came into this 30 Commonwealth or remained in the Commonwealth for the 19890S0713B0776 - 4 -
1 purpose of attending a school or college as determined by 2 the agency. 3 (iv) The agency shall make the final decision in all 4 matters pertaining to domicile and guardianship. 5 (v) In view of the fact that Pennsylvania 6 domiciliaries attending approved institutions of higher 7 learning located outside of Pennsylvania may exercise 8 their right of franchise by absentee ballot, a student 9 who registers to vote in a state other than this 10 Commonwealth shall be deemed to have abandoned domicile 11 in Pennsylvania and shall be ineligible for consideration 12 for a State grant or renewal thereof or any further 13 payments thereon. At such time as the student again 14 registers to vote in the Commonwealth, further 15 eligibility insofar as voter registration is concerned 16 shall be restored. 17 (2) The student is a graduate of, or is attending, an 18 approved high school or is a recipient of a Commonwealth 19 secondary school diploma. 20 (3) The student is enrolled, or will be enrolled as a 21 part-time student at an institution of higher learning in an 22 approved program. 23 (4) The student shall satisfactorily meet the 24 qualifications of financial need, academic promise, academic 25 achievement and such other standards as established by the 26 agency. 27 (5) The part-time student grant recipient shall be free 28 to attend any approved institution of higher learning of the 29 student's choice and apply the scholarship toward the 30 tuition, room, board, books and fees of any approved program. 19890S0713B0776 - 5 -
1 The institution is not required to accept the grant recipient 2 for enrollment, but is free to exact compliance with its own 3 admission requirements, standards and policies of admission. 4 (b) Nondiscrimination.--The grants will be made without 5 regard to the applicant's race, creed, color, sex, age, national 6 origin or ancestry. 7 Section 6. Award value. 8 All part-time student grant awards will be based on the 9 applicant's financial need. The minimum grant award shall be 10 $100 per academic year and the maximum grant shall not exceed 11 the limitations established by the board so as to keep 12 expenditures within the funds available from Federal, State or 13 other sources for such purpose and appropriations shall be 14 reenacted annually as provided for under the act of March 28, 15 1974 (P.L.228, No.50), referred to as the Higher Education 16 Assistance Continuation Law, relating to the forward funding of 17 PHEAA for grants during any fiscal year. 18 Section 7. Qualifications for renewal of part-time grant. 19 (a) Qualifications.--Qualifications for renewal will include 20 maintaining satisfactory academic standing, making normal 21 progress toward completion of the program of study, and 22 continued eligibility as determined by the agency including 23 continuous Pennsylvania domicile. The part-time student grant 24 may be renewed from academic year to academic year until the 25 student has completed the approved program, but the total of the 26 grants shall not exceed the full-time equivalent number and 27 dollar value of grants to which the student would have been 28 entitled had the program been completed on a full-time basis. 29 (b) Transfers.--In the event that a part-time grant 30 recipient transfers from one institution to another, the grant 19890S0713B0776 - 6 -
1 shall be transferrable only with the approval of the agency and 2 shall be based upon costs of the approved program at the new 3 institution as approved by the agency. 4 (c) Use of unused funds.--The agency shall have the right to 5 use any or all of the unused part-time grant funds for 6 additional grants in any fiscal year and in any grant program 7 administered by the agency. 8 (d) Payments.--Payments of part-time grants will be made by 9 the agency in accordance with the rules and regulations 10 established by the agency. Should the recipient terminate 11 enrollment for any reason during the academic year, the unused 12 portion of the grant shall be returned at the request of the 13 agency by the institution according to the institution's 14 approved policy for issuing refunds. 15 Section 8. Minors may receive grant. 16 Any person otherwise qualifying for any grant under this act 17 shall not be disqualified by reason of the person being under 18 the age of 18. For the purpose of applying for, receiving or 19 making restitution of part-time grants, any person under the age 20 of 18 shall be deemed to have full legal capacity to act and 21 shall have all the rights, powers, privileges and obligations of 22 a person of full age with respect to such actions. 23 Section 9. Powers and duties of agency. 24 In addition to the other powers and duties, the agency is 25 authorized and empowered to exercise and perform any and all of 26 the powers and duties granted to the agency under the laws of 27 this Commonwealth to implement and carry out the provisions of 28 this act. 29 Section 10. Appropriation. 30 (a) Specific appropriation.--The sum of $15,000,000 is 19890S0713B0776 - 7 -
1 hereby specifically appropriated to PHEAA and transferred to the 2 Higher Education Assistance Fund for funding and administration 3 of part-time student grants. 4 (b) Construction.--This appropriation shall be in addition 5 to and separate from any amount appropriated for State grants, 6 made under the provisions of the act of January 25, 1966 (1965 7 P.L.1546, No.541), entitled "An act providing scholarships and 8 providing funds to secure Federal funds for qualified students 9 of the Commonwealth of Pennsylvania who need financial 10 assistance to attend postsecondary institutions of higher 11 learning, making an appropriation, and providing for the 12 administration of this act," for the 1985-1986 academic year. 13 (c) Separate account.--Appropriations for the purpose of 14 part-time grants shall be placed in a separate account of the 15 Higher Education Assistance Fund. 16 (d) Awards to full-time students.--If in any year the 17 appropriation to fund State grants to full-time students, as 18 provided for under the act of January 25, 1966 (1965 P.L.1546, 19 No.541), does not equal or exceed the level of funds 20 appropriated for State grants for full-time students for the 21 previous fiscal year and there are funds appropriated 22 specifically for State grants for part-time students, the 23 agency's board of directors shall determine if sufficient funds 24 are available from part-time grants funding to permit awards to 25 be made to full-time students under the act of January 25, 1966 26 (1965 P.L.1546, No.541), and the board shall have the power to 27 utilize such funds to make and administer grants to students 28 enrolled on either a full-time or part-time basis. 29 Section 11. Severability. 30 The provisions of this act are severable. If any provision of 19890S0713B0776 - 8 -
1 this act or its application to any person or circumstance is 2 held invalid, the invalidity shall not affect other provisions 3 or applications of this act which can be given effect without 4 the invalid provision or application. 5 Section 12. Effective date. 6 This act shall take effect immediately. C2L24DGS/19890S0713B0776 - 9 -