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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter G. INSTITUTIONAL ASSISTANCE
GRANTS PROGRAM


Sec.


121.121.    Application of existing Agency regulations.
121.122.    Eligible institutions.
121.123.    Determination of institutional assistance grants.
121.124.    Participation agreement.
121.125.    [Reserved].

Authority

   The provisions of this Subchapter G issued under act of July 18, 1974 (P. L. 483, No. 174) (24 P. S. § §  5181—5189), unless otherwise noted.

Source

   The provisions of this Subchapter G adopted December 6, 1974, effective December 7, 1974, 4 Pa.B. 2485, unless otherwise noted.

§ 121.121. Application of existing Agency regulations.

 The Agency higher education grant regulations contained in Subchapters A, B and F (relating to general provisions; Higher Education Grant Program; and POW/MIA’s Education Program) apply to the determination of eligible recipients for the accounting of funds to be disbursed to each eligible institution of higher learning in the Institutional Assistance Grants Program, except those regulations which are inconsistent with this subchapter.

Authority

   The provisions of this §  121.121 amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  5104); section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. §  5151); the act of July 18, 1974 (P. L. 483, No. 174) (24 P. S. § §  5181—5189); the act of July 1, 1988 (P. L. 1259, No. 155) (24 P. S. § §  5191—5197); and the act of June 26, 1992 (P. L. 322, No. 64) (24 P. S. § §  5198.1—5198.7).

Source

   The provisions of this §  121.121 adopted December 6, 1974, effective December 7, 1974, 4 Pa.B. 2485; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321. Immediately preceding text appears at serial page (161844).

§ 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.

§ 121.123. Determination of institutional assistance grants.

 (a)  Institutional assistance grants, established by dividing the total funds available for institutional grants in this program by the number of Pennsylvania State grant recipients certified to the Agency by the participating institutions, will be paid to an eligible institution in either a lump sum or in installments at the discretion of the Agency. The institutional assistance grants shall be in a number equal to the number of full-time equivalent students receiving assistance from the Pennsylvania Higher Education Grant Program or the POW/MIA’s Education Program certified as enrolled during the academic year except those intra-year transfer students from any other eligible institution. The following are examples:

   (1)  If a student enrolls in eligible institution A, the institution shall receive an institutional assistance grant by reason of the enrollment if, as of the date of the Eligibility Certification Listing, the student either had been enrolled at least half time for at least one complete semester, trimester or quarter of the academic year or is enrolled at least half time for the current semester, trimester or quarter.

   (2)  If a student enrolls in eligible institution B during the academic year as a transfer student from an institution other than an eligible institution, institution B shall receive an institutional assistance grant by reason of the enrollment if, as of the date of the Eligibility Certification Listing, the student had been enrolled at least half time for at least one complete semester, trimester or quarter of the academic year or is enrolled at least half time for the current semester, trimester or quarter.

   (3)  If a student enrolls in eligible institution B during the academic year as a transfer student from eligible institution A, institution B will not receive an institutional assistance grant during the academic year if by reason of the student’s enrollment an institutional assistance grant has been paid or will be paid to eligible institution A by reason of the student’s previous enrollment in institution A during the same academic year.

 (b)  For purposes of this section, an Eligibility Certification Listing is defined as a listing created by the Agency for the institution to use in certifying the enrollment of students for the purpose of determining the institution’s entitlement to institutional assistance grants.

Authority

   The provisions of this §  121.123 amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  5104); section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. §  5151); the act of July 18, 1974 (P. L. 483, No. 174) (24 P. S. § §  5181—5189); the act of July 1, 1988 (P. L. 1259, No. 155) (24 P. S. § §  5191—5197); and the act of June 26, 1992 (P. L. 322, No. 64) (24 P. S. § §  5198.1—5198.7).

Source

   The provisions of this §  121.123 adopted December 27, 1974, effective December 28, 1974, 4 Pa.B. 2485; amended July 20, 1979, effective July 21, 1979, 9 Pa.B. 2392; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321; corrected November 15, 1996, effective July 13, 1996, 26 Pa.B. 5640. Immediately preceding text appears at serial pages (218173) to (218174).

§ 121.124. Participation agreement.

 (a)  Each participating institution shall execute through its authorized representative an Agreement with the Agency which shall contain the following:

   (1)  Assurance that auditable records are maintained.

   (2)  Assurance against discrimination of any Commonwealth resident applicant for admission because the applicant does not apply or qualify for assistance under the Pennsylvania Higher Education Grant Program or the POW/MIA’s Education Program.

   (3)  Assurance that institutional assistance grant moneys will only be used for, or in connection with, expenses incurred for educational costs other than expenses for sectarian and denominational instruction, the construction or maintenance of sectarian and denominational facilities, or for any other sectarian and denominational purpose or activity.

 (b)  To be entitled to share in the distribution of the Institutional Assistance Grants Program funds of a particular fiscal year, an institution shall have submitted a properly signed participation agreement to the Agency by August 1 of that same fiscal year. The President and Chief Executive Officer may extend this deadline if an extension would not cause undue interference with the operation of the Institutional Assistance Grants Program, though an institution may not share in the Institutional Assistance Grants Program funds of a particular fiscal year if that institution has not submitted a properly signed participation agreement to the Agency by the time of the first disbursement of the Institutional Assistance Grants Program funds of that particular fiscal year.

Authority

   The provisions of this §  121.124 amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  5104); section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. §  5151); the act of July 18, 1974 (P. L. 483, No. 174) (24 P. S. § §  5181—5189); the act of July 1, 1988 (P. L. 1259, No. 155) (24 P. S. § §  5191—5197); and the act of June 26, 1992 (P. L. 322, No. 64) (24 P. S. § §  5198.1—5198.7).

Source

   The provisions of this §  121.124 adopted December 27, 1974, effective December 28, 1974, 4 Pa.B. 2485; amended March 30, 1979, effective March 31, 1979, 9 Pa.B. 1128; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321. Immediately preceding text appears at serial pages (161846) to (161847).

§ 121.125. [Reserved].


Source

   The provisions of this §  21.125 adopted December 27, 1974, effective December 28, 1974, 4 Pa.B. 2485; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1134; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2428. Immediately preceding text appears at serial pages (128131) to (128132).



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