§ 121.122. Eligible institutions.
(a) Eligible institution shall mean an independent institution of higher education located in, and chartered by, the Commonwealth, which is neither a State-owned institution, State-related institution nor a community college, which is operated not for profit, which is determined by the Agency not to be a theological seminary or school of theology or a sectarian and denominational institution and which is approved by the Agency for institutional assistance grants under The Institutional Assistance Grants Act (24 P. S. § § 5181—5189) or this chapter.
(b) In order to determine whether an institution is a theological seminary or school of theology or a sectarian and denominational institution, the Agency shall require information from the institution concerning the purposes, policies and governance of the institution and its faculty, student body, curricula and programs. While each institution may submit whatever information it considers relevant to the question of its eligibility, particular factors which may be considered by the Agency in determining whether an institution is a theological seminary or school of theology or a sectarian and denominational institution are the following:
(1) The stated purposes of the institution as set forth in its charter or legislative authority and other relevant documents.
(2) The nature and extent of control or direction of the institution in any areas of the life of the institution by any religious denomination, body, sect or order.
(3) The nature and extent of financial assistance received by an institution from any religious denomination, body, sect or order, and the proportional relationship which such assistance bears to other sources from which the institution derives funds.
(4) The policies of the institution with respect of the selection of members of its governing body, its administrative officers, or its faculty, relating to the faith or creed of a candidate.
(5) The policies of the institution with respect to the admission of students relating to the faith or creed of the applicant.
(6) The nature and extent of any instruction in denominational tenets or doctrine required by the institution.
(7) The degree or degrees in the field of religion awarded by the institution and the relationship of such to the total degrees awarded by the institution.
(8) The nature and extent of religious studies or courses in religion required for any degree awarded by the institution.
(9) The character and extent of required religious observances or services in the programs of the institution.
(10) The nature and extent of any real property or facility used by the institution which is owned or leased by any religious denomination, body, sect or order, or which is owned by the institution and encumbered by mortgages or other security interest given to any religious denomination, body, sect or order.
(11) The provisions governing the distribution of assets in case of dissolution of the institution.
(12) Any other information which the institution or the Agency deems pertinent to a determination of its eligibility by the Agency.
(c) The above factors are illustrative of the criteria which the Agency may consider in exercising its discretion to determine the eligibility of an institution according to the particular circumstances of that institution.
Source The provisions of this § 121.122 adopted December 27, 1974, effective December 28, 1974, 4 Pa.B. 2485.
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