§ 116-43.5. State grants to aid eligible students attending certain private institutions of higher education; administrative procedure.
§ 116‑43.5. Stategrants to aid eligible students attending certain private institutions ofhigher education; administrative procedure.
(a) Definitions. Thefollowing definitions apply in this section:
(1) "Institution"means a nonprofit educational institution with a main permanent campus locatedin this State that satisfies all of the following:
a. Is not owned oroperated by the State of North Carolina or by an agency or politicalsubdivision of the State or by any combination thereof.
b. Is accredited by theSouthern Association of Colleges and Schools under the standards of the CollegeDelegate Assembly of the Association.
c. Awards apostsecondary degree as defined in G.S. 116‑15.
d. Its students are noteligible for a similar State grant under another State program.
(1a) "Licensurestudent" means a person who:
a. Has a bachelor'sdegree;
b. Is enrolled eitherfull‑time or less than full‑time in a program intended to resultin licensure in teaching or nursing;
c. Attends aninstitution located in the State; and
d. Qualifies as aresident of North Carolina in accordance with definitions of residency that mayfrom time to time be adopted by the Board of Governors of The University ofNorth Carolina and published in the residency manual of the Board.
(2) "Main permanentcampus" means a campus that is owned by the institution that providespermanent on‑premises housing, food services, and classrooms with full‑timefaculty members and administration that engage in postsecondary degree activityas defined in G.S. 116‑15.
(3) "Student"means a person enrolled in and attending an institution located in the State(i) who qualifies as a resident of North Carolina in accordance withdefinitions of residency that may from time to time be adopted by the Board ofGovernors of The University of North Carolina and published in the residencymanual of the Board, and (ii) who has not received a bachelors degree, orqualified therefor, and who is otherwise classified as an undergraduate undersuch regulations as the Board of Governors of The University of North Carolinamay promulgate. Qualification for in‑State tuition under G.S. 116‑143.3makes a person a "student" as defined in this subdivision.
(b) Eligibility ofStudents. A student is eligible for a State grant under this section for anacademic year if the student is a North Carolina undergraduate studentattending an institution as defined by this section and is not eligible for asimilar State grant under another State program for the same academic year. Afull‑time North Carolina undergraduate student shall be eligible for thefull amount of the State grant provided by this section. A part‑timeNorth Carolina undergraduate student who is enrolled to take at least ninehours of academic credit per semester shall be eligible for a State grant underthis section calculated on a pro rata basis.
(b1) Eligibility ofLicensure Students. Each full‑time licensure student who is enrolled ina program intended to result in a license in teaching or nursing shall also beeligible for the State grant provided by this section. The State grant providedby this section shall be paid on a pro rata basis to any part‑timelicensure student who is enrolled to take at least nine hours of undergraduateacademic credit per semester in a program intended to result in a license inteaching or nursing at an approved institution. The State grant and proratedState grant authorized under this subsection shall be paid for undergraduatecourses only. If a course is required for licensure, but is designated as bothan undergraduate and graduate course, for purposes of this subsection, thecourse shall be considered an undergraduate course.
(c) Administration. TheState grants provided for in this section shall be administered by the StateEducation Assistance Authority pursuant to rules adopted by the State EducationAssistance Authority not inconsistent with this section. The State EducationAssistance Authority shall pay the State grant to each student eligible underthis section. The amount of the grant shall be determined by the GeneralAssembly. The State grant shall be paid to a student only after the studentcompletes the academic year. The grant shall be paid directly to the student onor after July 1 following the completion of the academic year. The StateEducation Assistance Authority shall not remit any grant until it receivesproper certification from an institution that the student applying for thegrant is an eligible student.
(d) Shortfall. In theevent there are not sufficient funds to provide each eligible student with afull grant or prorated grant:
(1) Each full‑timestudent or full‑time licensure student eligible for a full grant underthis section shall receive a pro rata share of funds for the full grant thenavailable for the appropriate academic year within the fiscal period covered bythe current appropriation.
(2) Each part‑timestudent or part‑time licensure student eligible for a prorated grantunder this section shall receive a pro rata share of the funds for the proratedgrant then available for the appropriate academic year within the fiscal periodcovered by the current appropriation.
(e) Reversion. Anyremaining funds shall revert to the General Fund.
(f) Reduction of GrantAmount for Certain Students. A State grant authorized by this act shall bereduced by twenty‑five percent (25%) for any individual student who hascompleted 140 semester credit hours or the equivalent of 140 semester credithours.
(f1) Student andLicensure Student Enrollment Documented. The State Education AssistanceAuthority shall document the number of full‑time equivalent and part‑timeNorth Carolina undergraduate students and the number of licensure students thatare enrolled in private institutions and the State funds collected by studentsand licensure students at each institution under this section. The StateEducation Assistance Authority shall report those findings to the Secretary ofAdministration, the House and Senate Appropriations Subcommittees on Education,and the Joint Legislative Education Oversight Committee.
(g) Limitation onExpenditures. The State grant shall not be used for any student who:
(1) Is incarcerated in aState or federal correctional facility for committing a Class A, B, B1, or B2felony; or
(2) Is incarcerated in aState or federal correctional facility for committing a Class C through Ifelony and is not eligible for parole or release within 10 years. (2003‑429, s. 1; 2007‑323,s. 9.13(b).)