[30 Pa.B. 3924]
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EDUCATIONAL INSTITUTIONS § 121.32. Approved institution in higher education grant program.
(a) To be eligible for a State higher education grant, an applicant shall enroll in a program approved under § 121.33 (relating to approved program of study in Higher Education Grant Program) and shall attend an institution of higher education approved by the Agency for enrollment of grant recipients under the State Higher Education Grant Program
(b) To be approved, an institution shall be other than a school of theology or a theological seminary as determined by the Agency, shall be located in the United States, the Canal Zone, Puerto Rico, the Virgin Islands, American Samoa or Guam and shall comply with the following:
(1) If the institution is a college or university located within this Commonwealth, the institution shall be approved by the Department of Education and shall be accredited or a recognized candidate for accreditation with an accrediting body recognized by the Council for Higher Education Accreditation; if the college or university located outside this Commonwealth, the institution shall be degree-granting, shall be operated not-for-profit and shall be fully accredited by the regional institutional accrediting body recognized by the Council for Higher Education Accreditation responsible for accreditation in the state where the college or university is conducting its educational program.
(2) If the institution is a hospital school of nursing located within this Commonwealth, the institution shall be initially, provisionally or fully approved by the State Board of Nursing and shall be accredited by the National League for Nursing; if located outside this Commonwealth, the institution shall be accredited by the National League for Nursing.
(3) If the institution is a trade, technical or business school located within this Commonwealth, the institution shall be approved by the Department of Education or shall currently be, and shall have been throughout the preceding 24 months, licensed by the State Board of Private Licensed Schools and shall be accredited by an accrediting body recognized by the Council for Higher Education Accreditation, except that this requirement for licensure and accreditation may be waived by the President and Chief Executive Officer for branch campuses of an institution that has been operating satisfactorily in this Commonwealth for 2 years or more; if the institution is located outside this Commonwealth, it shall be degree-granting, shall be operated not-for-profit and shall be fully accredited by the regional institutional accrediting body recognized by the Council for Higher Education Accreditation responsible for accreditation in the state where the institution is conducting its educational program.
(4) The institution shall have executed an Assurance of Compliance with section 602 of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000d-1 (1974)) and filed it with the United States Secretary of Education.
(5) The institution shall have executed and filed with the Agency an agreement on a form provided by the Agency to report or advise the Agency if the institution has knowledge of the name and address of Commonwealth resident students who are recipients of Agency-administered aid who have been convicted in a court of record of a criminal offense which under the laws of the United States or of the Commonwealth would constitute a felony committed after October 29, 1969. Institutional knowledge shall be facts contained in the academic, disciplinary or financial student records of the institution and facts known to the dean of students, director of financial aid and president of the institution or persons occupying these positions by whatever titles designated by the institution.
(6) When a change in ownership of an approved institution occurs, the new owner shall notify the Agency in writing of the change in ownership within 30 days of the effective date of the change. The new owner shall execute and file with the Agency an agreement on a form provided by the Agency to assume responsibility for repayment of State grant funds to the Agency or payment of State grant funds to eligible students, as designated by the Agency, made necessary by the failure of the previous owner to follow Agency procedures and requirements. An institution that fails to execute this agreement will be required to wait 24 months before being considered for approval in the State Grant Program.
(7) The institution shall comply with such other administrative requirements as the Agency may legally promulgate, as shall be set forth in the State Grant Certification Procedures and the State Grant Program Policy Manual which will be made available to institutions on an annual basis.
(c) Approved institutions for an academic year shall be those on record as of the preceding August 1 for the ensuing academic year.
(d) Approval of an institution after August 1 will become effective the following August 1 with two exceptions:
(1) To be effective for the ensuing summer term, approval shall be obtained prior to May 1.
(2) In the light of the particular circumstances related to the institution's approval and the funding and application processing conditions of the Agency, the President and Chief Executive Officer may make the approval effective on a date prior to August 1.
(e) The President and Chief Executive Officer may suspend the processing of aid request forms of State grant applicants or cease further disbursement of State grant funds to an approved institution, or both, when, in the judgment of the President and Chief Executive Officer, the institution's compliance with the conditions required for approval or the institution's continued eligibility or operation is in question and the action is deemed necessary to protect the interests of the student aid applicants, the Commonwealth or the Agency. This subsection may also be invoked upon a change in ownership, administration or directorship of the institution.
(f) An institution's approved status may be terminated by the President and Chief Executive Officer when any of the conditions required for approval cease to be met.
(g) In suspending or withdrawing the approval of an institution, the President and Chief Executive Officer may authorize continuation of eligibility determination and grant disbursement for State grant renewal applicants.
§ 121.33. Approved program of study in higher education grant program.
To be eligible for a State higher education grant, an applicant shall enroll in a program of study approved by the Agency and offered by an institution approved by the Agency under § 121.32 (relating to approved institutions in Higher Education Grant Program) for participation in the State Higher Education Grant Program. An approved program of study shall comply with the following:
(1) An approved program of study shall be a program of instruction of at least 2 academic years which shall be the equivalent of at least 60 semester credit hours or at least 1,800 clock hours of instruction (1,500 clock hours in the case of programs leading to the associate degree in specialized technology or the associate degree in specialized business offered by institutions of higher education located within this Commonwealth) except that, other than for those community college programs which are measured in credit hours, programs not leading to a degree shall be measured in clock hours, with at least 30 semester credit hours or 900 clock hours earned through instruction within the classroom, and shall be presented over a calendar of at least 15 months.
(2) An approved program of study shall require that at least 50% of the credits needed for completion of the program at the approved institution be earned through instruction within the classroom.
(3) If offered at a trade, technical or business school located within this Commonwealth, an approved program of study shall be approved by the Department of Education or by the State Board of Private Licensed Schools.
(4) An approved program of study shall be on the approved list as of August 1 for the ensuing academic year. Approval after August 1 will become effective the following August 1 with two exceptions:
(i) To be effective for the ensuing summer term, approval must be obtained prior to May 1.
(ii) In the light of the particular circumstances related to the approval of the program of study and the funding and application processing conditions of the Agency, the President and Chief Executive Officer may make the approval effective on a date prior to August 1.
Subchapter B. HIGHER EDUCATION GRANT PROGRAM § 121.42. Submission of applications.
(a) Applications will be considered only if submitted on or prior to the deadline date announced by the Agency for each group specified in § 121.41 (relating to grouping of applicants). Applications will be accepted after the established deadline, funds permitting, when received from applicants in the following categories, except applicants who have been supplied with an application by the Agency in sufficient time to have had a reasonable opportunity to submit the application to the Agency prior to the deadline:
(1) Veterans and current and former members of the Peace Corps, VISTA, and other similar organizations.
(2) Applicants who have suffered a loss in expected family assistance through the death, disability or retirement of a major wage earner of the family.
(3) Applicants who have suffered a loss in expected family assistance through a major wage earner's separation--as defined by the Agency--or divorce, or through a change in the employment status of a major wage earner of the family.
(b) If, in the case of applications accepted from students included in the categories mentioned in subsection (a), the release from active duty, death, disability, retirement, change of employment status, separation or divorce, as the case may be, occurred on or after January 1 immediately preceding the start of the academic year for which aid is requested, the applications will be processed, funds permitting, in accordance with the following schedule:
(1) Quarter schedule institutions. Applications from students attending institutions with quarter schedules will be considered in accordance with the following dates of reception:
(i) Received prior to February 1--full-year consideration.
(ii) Received on or after February 1 and prior to April 1--two-term consideration.
(iii) Received on or after April 1--no consideration for the current academic year.
(2) Semester schedule institutions. Applications from students attending institutions with semester schedules will be considered in accordance with the following dates of reception:
(i) Received prior to February 1--full-year consideration.
(ii) Received on or after February 1 and prior to April 1--one-semester consideration.
(iii) Received on or after April 1--no consideration for the current academic year.
(c) Applications which are accepted from students included in the categories mentioned in subsection (a), but not eligible under the terms of subsection (b) will, funds permitting, be processed, after consideration of those applicants designated in subsection (b), for the term or terms designated by the Agency.
(d) The President and Chief Executive Officer may authorize the setting aside of deadlines for other categories of applicants when in the judgment of the President and Chief Executive Officer the setting aside of the deadline will facilitate administration of the State Higher Education Grant Program in accordance with the policies established by the Board of the Agency and will promote equitable program results. Any determination made by the President and Chief Executive Officer under this subsection will be reduced to writing, which writing will delimit the category and give an estimate of the number of applicants for the particular processing year which is expected to fall within the category. A copy of this writing will be furnished to each member of the Board of the Agency.
(e) Exceptional cases involving applicants who submit an application after the established deadline will be reviewed and appropriate resolution of the question relating to setting aside the deadline and the term of eligibility will be taken by the Administrative Review Committee or the Committee on Appeals in turn.
§ 121.48. Limitation on payment of grants.
The Agency will not make payment of, or further payment on, an existing State higher education grant on the basis of an inquiry or request received after August 1 of the calendar year next commencing following the academic year for which the payment is sought unless the President and Chief Executive Officer specifically directs that payment be made to prevent grave hardship
§ 121.56. Year abroad program.
A recipient shall be eligible to receive an award for a Year Abroad Program which shall provide the recipient with equivalent credit for the academic terms involved in the program as the recipient would earn at the approved institution of higher learning and which requires the recipient to pay the educational costs to the institution. Exceptions to the requirement that educational costs be paid to the approved institution may be made by the President and Chief Executive Officer
Subchapter N. EARLY CHILDHOOD EDUCATION PROFESSIONAL LOAN FORGIVENESS PROGRAM Sec.
121.401. Application of existing agency regulations. 121.402. Qualified applicant. 121.403. Loan forgiveness. 121.404. Employment. 121.405. Approved child-care facility. 121.406. Lottery. § 121.401. Application of existing agency regulations.
(a) The following higher education grant sections contained in Subchapter A (relating to general provisions) apply to applicants in the Early Childhood Education Professional Loan Forgiveness Program:
(1) Section 121.1 (relating to definitions).
(2) Section 121.3 (relating to discrimination prohibited).
(3) Section 121.4(a) (relating to denial of eligibility to loan defaulters).
(4) Section 121.6 (relating to denial of eligibility for financial assistance).
(5) Section 121.7 (relating to notice of denial and preliminary review procedures).
(6) Section 121.8 (relating to applicant and recipient appeals and hearings).
§ 121.402. Qualified applicant.
A qualified applicant in the Early Childhood Education Loan Forgiveness Program is a person who meets the following requirements:
(1) Has successfully completed an undergraduate program at an accredited college or university.
(2) Has a bachelor's degree and has obtained Pennsylvania State Early Childhood Education Certification (nursery through third grade), or an associate's degree in Early Childhood or Child Development.
(3) Has borrowed through the Agency-administered Guaranteed Student Loan Programs.
(4) Is a resident of this Commonwealth.
(5) Executes a sworn affidavit, under penalty of perjury, that he does not have a delinquent payment owing to any Commonwealth agency.
(6) Receives an annual salary of less than $18,500 for the employment period for which loan forgiveness is requested.
(7) Has submitted a completed application by the filing deadline designated by the Agency.
§ 121.403. Loan forgiveness.
Qualified applicants who are selected for the program in accordance with the Early Childhood Loan Forgiveness Act (24 P. S. §§ 7101--7106) are eligible for payment by the Agency of a portion of the debt incurred by the applicant through the Agency-administered Guaranteed Student Loan Programs for the education necessary to successfully complete the specified bachelor's degree or associate's degree programs.
(1) For each 12-month employment period designated by the Agency that the applicant is a full-time professional in an approved Commonwealth child-care facility, the Agency may forgive a proportional part of the applicant's loan so that the loan may be entirely forgiven over 4 years of full-time employment in an approved child-care facility.
(2) For a graduate with a bachelor's or associate's degree in the specified areas, no more than $2,500 shall be forgiven in any year, and no more than $10,000 shall be forgiven for any applicant.
(3) Payments shall be made to the lender/servicer in March and September.
(4) A loan forgiveness award may not be made for a loan that is in default at the time of the application.
§ 121.404. Employment.
An applicant selected for the Early Childhood Education Professional Loan Forgiveness Program is required to submit documentation the Agency may require as proof that those child-care professionals are working as full-time professionals in approved child-care facilities in this Commonwealth for the 12-month employment period designated by the Agency for loan forgiveness. Each child-care professional is required to submit documentation of eligibility as the Agency may require.
§ 121.405. Approved child-care facility.
An ''approved child-care facility'' is defined as a child day-care center or group day-care home located in this Commonwealth which is subject to and in compliance with 55 Pa. Code (relating to public welfare).
§ 121.406. Lottery.
(a) Loan forgiveness awards shall be made to the extent that funds are appropriated by the General Assembly and are sufficient to cover administration of the program. If funding is insufficient to fully fund administration and eligible applicants, the Agency shall utilize a random lottery system for determining which applicants receive loan forgiveness awards.
(b) When a random lottery is required, the lottery shall include only those records that are complete and eligible in accordance with § 121.402 (relating to qualified applicant) at the time the lottery is conducted.
[Pa.B. Doc. No. 00-1317. Filed for public inspection August 4, 2000, 9:00 a.m.]
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