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PA Bulletin, Doc. No. 00-1383

RULES AND REGULATIONS

Title 22--EDUCATION

STATE BOARD OF EDUCATION

[22 PA. CODE CH. 44]

Program Standards and Eligibility Criteria for the Higher Education Equal Opportunity Act

[30 Pa.B. 4243]

   The State Board of Education (Board) amends Chapter 44 (relating to program standards and eligibility criteria for the Higher Education Equal Opportunity Act) to read as set forth in Annex A, under authority of sections 3 and 4 of the Higher Education Equal Opportunity Act (act) (24 P. S. §§ 2510-303 and 2510-304).

   Notice of proposed rulemaking was published at 28 Pa.B. 2148 (May 9, 1998) with an invitation to submit written comments within 30 days.

   Chapter 44 governs the responsibility of institutions of higher education to administer counseling and tutorial programs (commonly referred to as Act 101 programs) for educationally- and economically-disadvantaged students provided for in the act and the eligibility of students for participation in those programs. The final-form of § 44.4(a)(1) amends the income eligibility criteria from one based on a Pennsylvania Higher Education Assistance Agency (PHEAA) determined adjusted gross income adjusted annually by a percentage of growth in the Consumer Price Index (CPI) to one based on a percentage of the poverty guidelines as determined annually by the United States Department of Health and Human Services.

Purpose

   The purpose of amended § 44.4(a)(1) (relating to eligible students) is to employ a measure of income eligibility designed to reflect growth (or decline) in income for students and families for whom the act was designed to serve. Former measures of income eligibility did not as accurately reflect the economics of poverty-level and low income families. A multiple of Federally-determined poverty guideline is employed in a number of State-administered programs designed to serve a similar clientele. Two hundred percent of poverty is established in these final-form regulations because it most accurately reflects the maximum income level for participation in Act 101 programs at the time Chapter 44 was originally promulgated. The definition of ''CPI'' is deleted because the Consumer Price Index will no longer be applicable to the regulations.

Public Comments

   All public comments received favored the proposed amendments. No comment was received from the House or Senate Education Committees. The Independent Regulatory Review Commission (IRRC) in their comments suggested that the date in § 44.4(a)(1) should be changed to reflect the probable date of final-form regulations. The date was changed in these final-form regulations.

Affected Parties

   These final-form regulations will benefit current and potential college and university students participating in institutional Act 101 programs.

Cost and Paperwork Estimates

   Amended § 44.4(a)(1) will not substantially alter paperwork, accounting or reporting requirements already in place.

Effective Date

   These final-form regulations will become effective upon final publication in the Pennsylvania Bulletin.

Sunset Date

   The effectiveness of Chapter 44 (including § 44.4(a)(1)) will be reviewed by the Board every 4 years, in accordance with the Board's policy and practice respecting all regulations of the Board. Thus, no sunset date is necessary.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking published at 28 Pa.B. 2148 toIRRC and to the Chairpersons of the House and Senate Committees on Education.

   In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments received as well as other documentation. In addition to submitting the final-form regulations, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   In preparing these final-form regulations, the Board has considered the comments received from IRRC, the Committees and the public.

   These final-form regulations were deemed approved by the House Education Committee, and approved by the Senate Education Committee on June 13, 2000, and were approved by IRRC on July 13, 2000, in accordance with section 5(c) of the Regulatory Review Act.

Contact Person

   The official responsible for information on these final-form regulations is Peter H. Garland, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-3787 or TDD (717) 772-2864.

Findings

   The Board finds that:

   (1)  Public notice of the intention to adopt these final-form regulations was given under sections 201 and 202 of the act of July 31, l968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided as required by law and all comments were considered.

   (3)  The regulations are necessary and appropriate for the administration of the act.

Order

   The Board, acting under authorizing statute, orders that:

   (a)  The regulations of the Board, 22 Pa. Code Chapter 44, are amended by amending §§ 44.2 and 44.4 to read as set forth in Annex A.

   (b)  The Executive Director will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.

   (c)  The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  The order is effective upon final publication in the Pennsylvania Bulletin.

PETER H. GARLAND,   
Executive Director

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 3873 (July 29, 2000).)

   Fiscal Note:  Fiscal Note 6-263 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 22.  EDUCATION

PART I.  BOARD OF EDUCATION

Subpart C.  HIGHER EDUCATION

CHAPTER 44.  PROGRAM STANDARDS AND ELIGIBILITY CRITERIA FOR THE HIGHER EDUCATION EQUAL OPPORTUNITY ACT

§ 44.2.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act 101--The Higher Education Equal Opportunity Act (24 P. S. §§ 2510-301--2510-305).

   Act 101 student--A student who meets the eligibility criteria of this chapter and who is enrolled in a program.

   Program--A program operated under Act 101 and this chapter.

§ 44.4.  Eligible students.

   (a)  A bona fide domiciliary of this Commonwealth who is attending an institution which is an eligible grant applicant under § 44.3 (relating to eligible grant applicants) and who is determined to be economically and educationally disadvantaged under this section is eligible for participation in the program. To be eligible for participation, a student shall meet the following criteria. The student shall be:

   (1)  Economically disadvantaged by having an annual family income equal to or less than 200% of the family income level established by the United States Bureau of the Census for determining poverty status and published by the United States Department of Health and Human Services in the Federal Register. The annual family income to be used to recruit students who will enter the program on or after July 1 of every year beginning in 2001 will be provided to institutions by the Secretary by March 31 of the same year and will be published in the Pennsylvania Bulletin by April 15 of the same year. The Secretary's notification under this section will comply with this chapter and will not be subject to the regulatory review procedures under section 5 of the Regulatory Review Act (71 P. S. § 745.5).

   (2)  Educationally disadvantaged by having a grade point average (GPA) predicted to be 2.0 or less (scale: A = 4.0). The prediction shall be based upon the criteria and formula regularly used by the institution to select students for admission. If an institution has not developed a formula for predicting a student's GPA, the term means a student who is judged unlikely to succeed academically at the institution.

   (b)  Act 101 programs serve both full-time and part-time students. Full-time means that the student is carrying at least 12 credits in a semester. Part-time means that the student is carrying at least 6 credits but less than 12 credits in a semester. A participating Act 101 institution shall serve full-time students and may serve part-time students.

[Pa.B. Doc. No. 00-1383. Filed for public inspection August 11, 2000, 9:00 a.m.]


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