Subchapter B. HIGHER EDUCATION GRANT PROGRAM

 Higher education grant applicants shall be grouped into the following categories:

   (1)  Group I. A roster of the top 5,000 prospective freshmen applicants—without breaking ties—listed in descending order by composite score on the SAT.

   (2)  Group IIA. A roster of remaining prefreshmen applicants planning to enroll in degree institutions other than those enrolled in nontransferable Community College Programs.

   (3)  Group IIB. A roster of all prospective freshmen applicants planning to enroll in a nondegree-granting institution or an approved nondegree course of study in a degree-granting institution.

   (4)  Group III. A roster of all high school graduates who have a lapse of one year between their high school graduation date and the date of their planned enrollment in a degree-granting institution, all students enrolled or accepted for enrollment as other than first year students in a degree-granting institution, and all early admission students.

   (5)  Renewals. A roster of all students previously awarded State higher education grants who maintain eligibility.

   The provisions of this §  121.41 adopted February 27, 1969; amend November 23, 1973, effective November 24, 1973, 3 Pa.B. 2719. Immediately preceding text appears at serial page (3241).

 (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.

   The provisions of this §  121.42 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 (1965), No. 541) (24 P. S. §  5151); The Institutional Assistance Grants Act (24 P. S. § §  5181—5189); the Urban and Rural Teacher Loan Forgiveness Act (24 P. S. § §  5191—5197); and the Agriculture Education Loan Forgiveness Act (24 P. S. § §  5198—5198.7).

 Upon receipt of an application and the required family financial data as specified in §  121.44 (relating to required family financial data), the Agency will review the application form for completeness. Where the form is found to be incomplete, additional data will be requested and final processing of the application will be discontinued until all requested data is supplied by the applicant or his parents or guardian. The Agency may terminate the processing of an incomplete application when the additional data is not supplied to the Agency after two written requests.

 (a)  General. The applicant, the applicant’s parents and stepparents, and the applicant’s spouse shall submit financial data that the Agency requests and, further, shall be required to authorize the Director of the State Personal Income Tax Bureau and the District Director of the Internal Revenue Service to release to the Agency, upon request of the Agency, a copy or extract of the State or Federal Income Tax Return filed by the applicant, the applicant’s parents and stepparents, and the applicant’s spouse for the tax years the Agency designates. The Agency may in addition require the applicant, the applicant’s parents and stepparents, and the applicant’s spouse to submit a copy of the tax returns directly to the Agency.

 (b)  Exceptions. The Agency may determine the eligibility of the applicant without regard to the parents’ financial data, waiving its submission, in the following cases:

   (1)  If the applicant is a veteran as defined in §  121.1 (relating to definitions).

   (2)  If the applicant is at least 24 years of age by January 1 prior to the academic year for which application is made.

   (3)  If the applicant is an orphan or ward of the court.

   (4)  If the applicant is married or separated.

   (5)  If the applicant has legal dependents other than a spouse.

   (6)  If the applicant is in compliance with other criteria established by the Agency for the processing of applicants without regard to parental financial data.

   (7)  Other exceptions may be granted by the Administrative Review Committee or the Committee on Appeals in turn on an individual case basis.

 (c)  Severe casualty losses. If, as a result of fire, storm or other casualty, the family of a higher education grant applicant has suffered severe losses not fully covered by insurance, the post-loss value of assets normally taxed in the eligibility determination may be used in processing the application in order to reflect the family’s reduced ability to finance educational costs. If the family’s loss is covered by insurance (whether fully or partially), the Agency, in processing the application, may elect to use either the preloss value of the assets or the insurance benefits received because of the loss. If the loss is not fully covered by insurance, the Agency may also elect to subtract from family income the amount of the casualty losses not covered by insurance, to waive the normal application filing deadline and to afford other special treatment of the application that may be merited.

   The provisions of this §  121.44 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).

   The provisions of this §  121.44 adopted February 27, 1969; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2719; amended December 27, 1974, effective December 28, 1974, 4 Pa.B. 2699; amended July 25, 1980, effective July 26, 1980, 10 Pa.B. 3091; amended July 25, 1980, effective July 26, 1980, 10 Pa.B. 3091; amended September 4, 1987, effective September 5, 1987, 17 Pa.B. 3600; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321. Immediately preceding text appears at serial pages (183518) and (161821).

 The amount of the higher education grant to an applicant will be determined on the basis of the financial need of the applicant, the funds available for higher education grants, and the number of eligible applicants for higher education grants.

 (a)  Financial need of applicants will be determined according to the need analysis procedures established annually by the Agency.

 (b)  Financial need will be computed as the arithmetical difference between the Agency-approved educational costs of the institution or program in which the applicant is enrolled or intends to enroll and the total resources computed by the Agency to be available to the applicant.

 (a)  The Agency will publish annually a State Higher Education Grant Program Manual containing: all current financial need analysis procedures established by the Agency; a list of approved colleges, universities, and hospital schools of nursing located in this Commonwealth; a list of approved programs of study offered by approved trade, technical, and business schools located in this Commonwealth; and a list of the Regional Accrediting Commissions of Higher Education and other agencies upon whose accreditation or approval depends the eligibility for the State Higher Education Grant Program, of institutions of higher learning located outside this Commonwealth, and, where applicable, of programs of study offered by institutions of higher learning located outside this Commonwealth.

 (b)  One copy of such manual will be available for public inspection in the principal office of the Agency and at each regional office.

 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.

   The provisions of this §  121.48 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 (1965), No. 541) (24 P. S. §  5151); The Institutional Assistance Grants Act (24 P. S. § §  5181—5189); the Urban and Rural Teacher Loan Forgiveness Act (24 P. S. § §  5191—5197); and the Agriculture Education Loan Forgiveness Act (24 P. S. § §  5198—5198.7).

   The provisions of this §  121.48 adopted February 27, 1969; reserved February 16, 1973, effective February 17, 1973, 3 Pa.B. 325; added August 22, 1975, effective August 23, 1975, 5 Pa.B. 2189; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3924. Immediately preceding text appears at serial page (218151).

 (a)  State higher education grants are awarded for undergraduate school study and student eligibility shall terminate with the receipt of the baccalaureate degree or 4 undergraduate academic year State higher education grants, whichever occurs first, except as provided in subsections (b)—(d).

 (b)  In the case of students enrolled in Agency-approved bona fide 5-year programs of study in approved institutions, student eligibility shall terminate with the receipt of the baccalaureate degree or 5 academic year State higher education grants, whichever occurs first.

 (c)  In the case of students enrolled in Agency-approved 5-year work study programs in approved institutions, student eligibility shall terminate with the receipt of the baccalaureate degree or 5 academic year State higher education grants, whichever occurs first. However, the total higher education grant funds awarded during 5 years will not exceed the amount to which the student would have been entitled as determined by the Agency had his educational program been completed in a period of 4 years.

 (d)  State higher education grant eligibility for undergraduate students enrolled in other than baccalaureate degree programs shall terminate with the receipt of 4 academic year State higher education grants or with the end of the normal course of study, whichever occurs first.

   The provisions of this §  121.49 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).

   The provisions of this §  121.49 adopted February 27, 1969; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2719; amended December 27, 1974, effective November 28, 1974, 4 Pa.B. 2699; amended August 22, 1975, effective August 23, 1975, 5 Pa.B. 2189; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321. Immediately preceding text appears at serial pages (161823) to (161824).

 (a)  Payments on behalf of students of their State higher education grants to institutions on a semester or trimester calendar shall be made twice during the academic year in an amount equal to 1/2 of the annual grant. Similar payments to institutions on a quarter calendar shall be made three times during the academic year in an amount equal to 1/3 of the annual grant. Grants shall be sent to the appropriate institution to the credit of the account of the recipient for payment of tuition, room, board, books or institutional fees. Payments may be made to the recipients when the Agency deems the action necessary to protect the interests of the students, the Commonwealth or the Agency.

 (b)  Students who accelerate their academic progress by reason of attendance in a year-round program of study shall be eligible to receive additional payments of their State higher education grant but in no event may the payments result in violation of §  121.49 (relating to duration of State higher education grants).

   The provisions of this §  121.50 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).

   The provisions of this §  121.50 adopted February 27, 1969; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2719; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2102; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321. Immediately preceding text appears at serial page (161824).

 (a)  Whenever a recipient withdraws, is expelled, is suspended, or otherwise fails to successfully complete a term, refund of any payment on the recipient’s State higher education grant shall be made to the Agency in accordance with the normal refund procedure of the institution.

 (b)  Unless otherwise directed by the Agency, all overpayments and refunds of State higher education grants shall be returned to the Agency by the institution within 30 days of the receipt of notice from the Agency, or determination by the institution, that such repayment is due, whichever occurs first.

 (c)  An institution that fails to return overpayments and refunds in accordance with the provisions of subsection (b) shall be subject to a reasonable interest charge calculated on the amount of the overpayment or refund. The charge shall be based on the 90-day Treasury Bill rate as of June 1 of the academic year plus 3.0% or as otherwise set by the Agency to ensure that institutions do not realize a financial benefit in retaining refunds.

   The provisions of this §  121.51 amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  5104); and section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. §  5151).

   The provisions of this §  121.51 adopted February 27, 1969; amended August 22, 1975, effective August 23, 1975, 5 Pa.B. 2189; amended October 28, 1977, effective October 29, 1977, 7 Pa.B. 3195; amended October 16, 1987, effective October 17, 1987, 17 Pa.B. 4120. Immediately preceding text appears at serial page (98951).

 (a)  A recipient shall be limited to no more than two institutional transfers after the initial disbursement of his higher education grant funds. That is to say, a student who enrolls in institution A may transfer his award to institution B and thereafter to institution C, but will forfeit his award if thereafter he transfers to institution D.

 (b)  A recipient may not transfer his award to a nonapproved institution or course of study.

   The provisions of this §  121.52 adopted February 27, 1969; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2719; amended July 3, 1980, effective July 5, 1980, 10 Pa.B. 2874. Immediately preceding text appears at serial page (34967).

 (a)  A recipient who fails to enroll in a term of the academic year for which the award was granted must request a deferment from the Agency. Where a request for deferment is received from the student subsequent to the Agency’s cancellation for nonenrollment as reported by the school or college on the higher education grant disbursement roster, the cancelled portion of the student’s award shall not be reinstated except, funds permitting, at the discretion of the staff.

 (b)  Students with awards cancelled under this section shall be entitled to review of such cancellation under § §  121.7 and 121.8 (relating to notice of denial and preliminary review procedures; and applicant and recipient appeals and hearings) in accordance with the procedure for review and appeals.

   The provisions of this §  121.53 adopted February 27, 1969; amended September 1, 1972, effective September 2, 1972, 2 Pa.B. 1647; amended February 16, 1973, effective February 17, 1973, 3 Pa.B. 325; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2719. Immediately preceding text appears at serial page (3245).

 The Agency may approve a request for deferment of an award for one academic term at a time. An award may not be deferred beyond July 1 of any year.

 A recipient placed on academic or disciplinary probation shall remain eligible for a higher education grant if the institution of higher learning permits him to continue his studies on at least a half-time basis.

   The provisions of this §  121.55 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).

 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.

   The provisions of this §  121.56 issued under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  1504); section 1 of the act of January 25, 1966 (P. L. 1546 (1965), No. 541) (24 P. S. §  5151); act of October 11, 1972 (P. L. 899, No. 213) (24 P. S. §  5161); and act of October 11, 1972 (P. L. 909, No. 216) the Veterans’ Education Act of 1971 (24 P. S. §  5171); 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 (1965), No. 541) (24 P. S. §  5151); The Institutional Assistance Grants Act (24 P. S. § §  5181—5189); the Urban and Rural Teacher Loan Forgiveness Act (24 P. S. § §  5191—5197); and the Agriculture Education Loan Forgiveness Act (24 P. S. § §  5198—5198.7).

   The provisions of this §  121.56 adopted February 27, 1969; amended March 30, 1979, effective March 31, 1979, 9 Pa.B. 1128; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3924. Immediately preceding text appears at serial page (218155).

 (a)  A student applicant who is under 18 years of age at the time he makes application for a State higher education grant or to renew a higher education grant shall have a supporting parent or guardian who has been a bona fide domiciliary of this Commonwealth for at least 12 months immediately preceding the date of receipt by the Agency of the higher education grant or renewal application.

 (b)  A student applicant who is 18 years of age or older at the time he makes application for a State higher education grant or to renew such award shall have been a bona fide domiciliary of this Commonwealth for at least 12 months immediately preceding the date of receipt by the Agency of the higher education grant or renewal application.

 (c)  Any period of time during which an applicant is enrolled as a student in an educational institution may not be counted as a part of the 12-month domicile requirement when the student came into the Commonwealth or remained in the Commonwealth for the purpose of attending a school or college.

 (d)  For the purposes of determining domicile, a guardian shall be a person or persons appointed by a court or any person or persons other than a parent with whom the applicant has lived and in whose continuous direct care and control the applicant has been for a period of not less than 2 years.

 (e)  In view of the fact that Commonwealth domiciliaries attending approved institutions of higher learning located outside the Commonwealth may exercise their right of franchise by absentee ballot, a student who registers to vote in a state other than the Commonwealth shall be deemed to have abandoned his domicile in this Commonwealth and shall be ineligible for consideration for a State higher education grant or renewal thereof or any further payments thereon unless and until such student registers to vote in the Commonwealth.

 (f)  Military status of persons and their dependents who reside in the civilian community rather than on a military installation shall not alone be grounds for determining an applicant ineligible.

 (g)  Persons and their dependents who leave this Commonwealth on military or foreign assignments, such as missionaries, United States military servicemen, and representatives of domestic companies or government agencies, will be presumed to maintain their domicile in this Commonwealth for purposes of satisfying the higher education grant domicile requirement.

 (h)  If an applicant’s parents or guardian moves from this Commonwealth after the date of receipt by the Agency of the applicant’s application for a higher education grant or to renew a higher education grant, but prior to the first day of classes of the academic year for which aid is requested, the applicant’s higher education grant eligibility shall terminate as of the date the parents or guardian moved from this Commonwealth. This restriction shall not apply if the applicant is 18 years of age or older on the date the applicant makes application for a higher education grant or to renew a higher education grant, provided that the applicant continues to maintain his domicile in this Commonwealth as determined by the Agency through such tests as it deems proper.

 (i)  If a higher education grant recipient’s parents or guardian move from this Commonwealth during the academic year, the recipient’s eligibility for a higher education grant shall terminate at the end of that academic year. This restriction shall not apply if the applicant is 18 years of age or older on the date the applicant makes application for a higher education grant or to renew a higher education grant, provided that the applicant continues to maintain his domicile in this Commonwealth as determined by the Agency through such tests as it deems proper.

 (j)  A student receiving, on the ground of residency, the benefit of in-State fees at an institution of higher education located in another state shall for Agency higher education grant purposes be considered a domiciliary of that state.

 (k)  A student receiving a state scholarship or grant from another state shall, for higher education grant purposes, be considered a domiciliary of that state.

 (l)  The Agency will make the final decision in all matters pertaining to domicile.

   The provisions of this §  121.57 adopted February 27, 1969; amended February 16, 1973, effective February 17, 1973, 3 Pa.B. 325; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2722; amended December 27, 1974, effective December 28, 1974, 4 Pa.B. 2699; amended July 3, 1980, effective July 5, 1980, 10 Pa.B. 2874. Immediately preceding text appears at serial page (30611).

 (a)  A higher education grant recipient must make normal academic progress from year to year in order to retain higher education grant eligibility.

 (b)  The Agency will make the final decision in all matters pertaining to academic progress.

 (a)  The staff of the Agency will extract a random sample of all accounts at an institution that is undergoing a review of its program administration. Institutions will then be categorized according to their error rate in administration of State grants as follows:

   (1)  Error rate of 4.0% or less. This is an acceptable rate signifying that the institution is complying with PHEAA grant program guidelines. It will be assumed that the discrepancies found had been caused by a misinterpretation of the guidelines or by a mistake on the part of the financial aid officer or staff of the institution. No further action will be required other than a letter to the institution identifying the discrepancies and requesting a refund of those awards for ineligible higher education grant recipients identified in the sample.

   (2)  Error rate of 4.1%—8.9%. This rate indicates repeated failure to comply with certain program guidelines or that somewhat general discrepancies exist within the internal control of the institution as it applies to financial aid. The Agency will request a refund on behalf of those ineligible higher education grant recipients identified in the sample. A letter will be sent to the institution pointing out the problems and recommending necessary action to be taken by the institution with the stipulation that within 12 to 18 months a followup review will be conducted, at which point in time the calculated error rate is expected to be within the acceptable range. If, at this time, the error rate is not acceptable, a decision will be made regarding whether or not the institution shall continue to receive grant disbursements and as to whether or not a review based on a valid statistical sample is required.

   (3)  Error rate of 9% or more. This rate indicates that serious weaknesses or the possibility of fraud exists within the institution’s administration of the program. The Agency will schedule a program followup to be conducted at the earliest possible date. All disbursements to the institution may be withheld pending the results of the follow-up review. The followup review will be based on a valid statistical sample which will be prepared by the Agency. This valid statistical sample will identify the accounts to be evaluated in the follow-up review. The Agency will request a refund for those higher education grant recipients identified as refund cases during the initial and follow-up reviews and make a determination as to the continued eligibility of the institution for PHEAA’s programs of student financial assistance.

 (b)  The Agency may conduct further examinations of student aid and related records as it deems necessary to protect the financial interests of the Agency or its student aid recipients.

   The provisions of this §  121.59 adopted August 29, 1980, effective August 30, 1980, 10 Pa.B. 3510.