PRINTER'S NO. 1435
No. 1153 Session of 2001
INTRODUCED BY DENT, HUGHES, MELLOW, HELFRICK, PUNT, ORIE,
ERICKSON, TOMLINSON, MUSTO, KITCHEN, LOGAN, LAVALLE,
KUKOVICH, COSTA, O'PAKE, SCHWARTZ, STACK, BOSCOLA, WOZNIAK
AND THOMPSON, OCTOBER 15, 2001
REFERRED TO EDUCATION, OCTOBER 15, 2001
AN ACT
1 Providing for a waiver of tuition and other fees for children of
2 Pennsylvania residents killed in the attacks of September 11,
3 2001, at community colleges and State-owned and State-related
4 institutions of higher education; establishing a
5 Postsecondary Education Gratuity Program; and providing for
6 additional powers and duties of the Pennsylvania Higher
7 Education Assistance Agency.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Findings.
11 The General Assembly finds and declares as follows:
12 (1) On September 11, 2001, our nation experienced
13 attacks on the World Trade Center in New York City, the
14 Pentagon in Virginia, as well as the airline crash in
15 Somerset County, Pennsylvania which comprised the most
16 devastating terrorist attack on American soil in history.
17 (2) The tragedy of September 11, 2001, claimed a number
18 of lives of innocent Pennsylvania residents as a direct
19 result of the terrorist attacks.
1 (3) It is the intent of the General Assembly to
2 recognize the ultimate sacrifice paid by those innocent
3 victims of the terrorist attacks of September 11, 2001, by
4 providing a postsecondary education gratuity for their
5 children at community colleges and State-owned or State-
6 related institutions in this Commonwealth.
7 Section 2. Short title.
8 This act shall be known and may be cited as the September 11,
9 2001, Tragedy Child Beneficiary Education Act.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Associate degree." An undergraduate degree awarded by a
15 community college, a State-related institution or a State-owned
16 institution.
17 "Baccalaureate degree." An undergraduate degree awarded by a
18 State-owned or State-related institution.
19 "Child" or "children." A resident of this Commonwealth who
20 is the child by birth or adoption of a Pennsylvania resident who
21 was killed in the terrorist attack on September 11, 2001,
22 including the attacks on the World Trade Center and the Pentagon
23 and the plane crash in Somerset County, Pennsylvania.
24 "Community college." A public college or technical institute
25 which is established and operated under Article XIX-A of the act
26 of March 10, 1949 (P.L.30, No.14), known as the Public School
27 Code of 1949, and all branches or campuses of a community
28 college.
29 "Educational gratuity." The waiver by a community college or
30 a State-owned or a State-related institution of tuition and fees
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1 and room and board charges for an eligible child.
2 "Pennsylvania Higher Education Assistance Agency" or "PHEAA."
3 The Pennsylvania Higher Education Assistance Agency created by
4 the act of August 7, 1963 (P.L.549, No.290), referred to as the
5 Pennsylvania Higher Education Assistance Agency Act.
6 "Program." The Postsecondary Education Gratuity Program
7 established by this act.
8 "Room and board charge." The amount charged by a community
9 college or a State-owned or State-related institution for
10 provision of lodging and meals to students enrolled at the
11 community college or State-owned or State-related institution.
12 "State-owned institution." An institution which is part of
13 the State System of Higher Education under Article XX-A of the
14 act of March 10, 1949 (P.L.30, No.14), known as the Public
15 School Code of 1949, and all branches and campuses of a State-
16 owned institution.
17 "State-related institution." The Pennsylvania State
18 University, the University of Pittsburgh, Temple University, The
19 Pennsylvania College of Technology and Lincoln University.
20 "Total institution charges." Tuition and fees plus room and
21 board charges.
22 "Tuition and fees." The instructional charge and any other
23 fee established by the governing board of a community college
24 for Commonwealth residents attending the community college or
25 the instructional fee established by the Board of Governors of
26 the State System of Higher Education for Commonwealth residents
27 attending State-owned institutions. The term includes tuition
28 and fees set by the respective governing bodies of the State-
29 related institutions.
30 Section 4. Postsecondary Educational Gratuity Program.
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1 (a) Establishment.--There is hereby established the
2 Postsecondary Educational Gratuity Program for children of
3 Pennsylvania residents who were killed in the terrorist attack
4 on September 11, 2001.
5 (b) Eligibility.--The following terms of eligibility shall
6 apply:
7 (1) Any child of a Pennsylvania resident killed in the
8 terrorist attack on September 11, 2001, shall be eligible for
9 an educational gratuity provided the child is 25 years of age
10 or younger at the time of application for participation in
11 this program, meets all admission requirements of the
12 community college or State-owned or State-related institution
13 to which application is made and is enrolled as a full-time
14 student at a community college or a State-owned or State-
15 related institution.
16 (2) A child who is 25 years of age or younger at the
17 time of the child's application for participation in the
18 program and who meets all other eligibility requirements may
19 receive an educational gratuity for up to five years provided
20 the child otherwise continues to be eligible for
21 participation.
22 (c) Scope of benefit.--The following scope of benefit shall
23 apply:
24 (1) The benefit available under this section shall be
25 provided only for full-time students who are pursuing
26 undergraduate studies leading to an associate degree or a
27 baccalaureate degree.
28 (2) A child becomes eligible for this benefit after he
29 or she has applied for available scholarships and Federal and
30 State grants to cover tuition and room and board costs. The
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1 child must provide a record of application for such financial
2 aid to the community college or State-owned or State-related
3 institution to which he or she is applying.
4 (3) A community college or a State-owned or State-
5 related institution shall waive all remaining tuition and
6 fees and room and board charges (total tuition and fees and
7 room and board charges minus awarded scholarships and Federal
8 and State grants) for an eligible child during the time the
9 child is enrolled as a full-time student provided the child
10 meets all requirements for admission to the community college
11 or State-owned or State-related institution and, during the
12 child's enrollment, complies with all requirements of the
13 institution for continued attendance and award of an
14 associate degree or a baccalaureate degree.
15 (d) Administration.--The following administrative provisions
16 shall apply:
17 (1) Copies of all death certificates for Pennsylvania
18 residents killed in the attacks of September 11, 2001, must
19 be submitted to PHEAA within 120 days after the passage of
20 this act.
21 (2) Applications for an educational gratuity shall be
22 submitted to PHEAA by the child or surviving parent or
23 guardian of the child, together with a certified copy of the
24 child's birth certificate or adoption record or other
25 documentation of birth or adoption acceptable to PHEAA. The
26 application shall include a copy of the child's letter of
27 acceptance at a community college or State-owned or State-
28 related institution. If no death certificate has been
29 received, PHEAA may elect to accept other documentation
30 certifying that the child's parent was killed in the attack
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1 of September 11, 2001.
2 (3) Within 30 days of receipt of a completed
3 application, PHEAA shall send written notice to the child and
4 the community college or State-owned or State-related
5 institution of the child's eligibility or noneligibility in
6 this program. If the child is determined not to be eligible
7 for an education gratuity, the notice shall include the
8 reason or reasons for such determination and an indication
9 that an appeal of PHEAA's determination may be made pursuant
10 to 2 Pa.C.S. (relating to administrative law and procedure).
11 (4) Upon receipt of notification of the child's
12 eligibility from PHEAA, a community college or a State-owned
13 or State-related institution is prohibited from charging the
14 child or the child's parent or guardian any tuition and fees
15 and room and board charge. If moneys have been received by
16 the community college or the State-owned or State-related
17 institution for these purposes, those moneys must be refunded
18 within 30 days of receipt by the community college or the
19 State-owned or State-related institution of the notice of the
20 child's eligibility.
21 (5) Each community college or State-owned or State-
22 related institution at which an eligible child is enrolled
23 shall notify PHEAA upon the child's graduation or when the
24 child is no longer enrolled at the community college or
25 State-owned or State-related institution.
26 Section 5. Report to General Assembly.
27 Each year, as part of its budget presentation to the General
28 Assembly, PHEAA shall provide a report on:
29 (1) The number of applications submitted during the
30 prior year, including numbers of applications approved and
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1 disapproved.
2 (2) The number of children currently participating in
3 this program at community colleges or State-owned or State-
4 related institutions.
5 (3) The number of program participants who have
6 completed requirements for an associate degree or a
7 baccalaureate degree during the prior year.
8 (4) The number of program participants who have received
9 an associate degree or a baccalaureate degree since the
10 program's inception.
11 (5) The number of program participants who were approved
12 for an educational gratuity but who never obtained an
13 associated degree or a baccalaureate degree.
14 Section 6. Regulations.
15 PHEAA shall, in the manner provided by law, promulgate the
16 rules and regulations necessary to carry out this act.
17 Section 7. Severability.
18 The provisions of this act are severable. If any provision of
19 this act or its application to any person or circumstance is
20 held invalid, the invalidity shall not affect other provisions
21 or applications of this act which can be given effect without
22 the invalid provision or application.
23 Section 8. Retroactivity.
24 This act shall be retroactive to September 11, 2001, and the
25 benefit provided shall be available to children of Pennsylvania
26 residents killed in the terrorist attack on September 11, 2001,
27 since that date. Community colleges and State-owned and State-
28 related institutions shall reimburse qualified children for
29 tuition and fees and room and board charges paid between
30 September 11, 2001 and the effective date of this act.
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1 Section 9. Effective date.
2 This act shall take effect immediately.
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