§ 1070c-3a. Grants for access and persistence
(a)
Purpose
It is the purpose of this section to expand college access and increase college persistence by making allotments to States to enable the States to—
(1)
expand and enhance partnerships with institutions of higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties, including community-based organizations, in order to—
(b)
Allotments to States
(1)
In general
(A)
Authorization
From sums reserved under section
1070c
(b)(2) of this title for each fiscal year, the Secretary shall make an allotment to each State that submits an application for an allotment in accordance with subsection (c) to enable the State to pay the Federal share, as described in paragraph (2), of the cost of carrying out the activities under subsection (d).
(B)
Determination of allotment
In making allotments under subparagraph (A), the Secretary shall consider the following:
(i)
Continuation of award
Except as provided in clause (ii), if a State continues to meet the specifications established in such State’s application under subsection (c), the Secretary shall make an allotment to such State that is not less than the allotment made to such State for the previous fiscal year.
(ii)
Special continuation and transition rule
If a State that applied for and received an allotment under this section for fiscal year 2010 pursuant to subsection (j) meets the specifications established in the State’s application under subsection (c) for fiscal year 2011, then the Secretary shall make an allotment to such State for fiscal year 2011 that is not less than the allotment made pursuant to subsection (j) to such State for fiscal year 2010 under this section (as this section was in effect on the day before August 14, 2008).
(2)
Federal share
(A)
In general
The Federal share of the cost of carrying out the activities under subsection (d) for any fiscal year shall not exceed 66.66 percent.
(B)
Different percentages
The Federal share under this section shall be determined in accordance with the following:
(i)
The Federal share of the cost of carrying out the activities under subsection (d) shall be 57 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents less than a majority of all students attending institutions of higher education in the State, and—
(ii)
The Federal share of the cost of carrying out the activities under subsection (d) shall be 66.66 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents a majority of all students attending institutions of higher education in the State, and—
(C)
Non-Federal share
(i)
In general
The non-Federal share under this section may be provided in cash or in kind, fairly evaluated.
(c)
Application for allotment
(1)
In general
(A)
Submission
A State that desires to receive an allotment under this section on behalf of a partnership described in paragraph (3) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(B)
Content
An application submitted under subparagraph (A) shall include the following:
(ii)
An assurance that the State will provide matching funds, in cash or in kind, from State, institutional, philanthropic, or private funds, of not less than 33.33 percent of the cost of carrying out the activities under subsection (d). The State shall specify the methods by which matching funds will be paid. A State that uses non-Federal funds to create or expand partnerships with entities described in subsection (a)(1), in which such entities match State funds for student scholarships, may apply such matching funds from such entities toward fulfilling the State’s matching obligation under this clause.
(iii)
An assurance that the State will use funds provided under this section to supplement, and not supplant, Federal and State funds available for carrying out the activities under this subchapter and part
C of subchapter
I of chapter
34 of title
42.
(iv)
An assurance that early information and intervention, mentoring, or outreach programs exist within the State or that there is a plan to make such programs widely available.
(v)
A description of the organizational structure that the State has in place to administer the activities under subsection (d), including a description of how the State will compile information on degree completion of students receiving grants under this section.
(vi)
A description of the steps the State will take to ensure that students who receive grants under this section persist to degree completion.
(3)
Partnership
In applying for an allotment under this section, the State agency shall apply for the allotment in partnership with—
(A)
not less than one public and one private degree-granting institution of higher education that are located in the State, if applicable;
(4)
Roles of partners
(A)
State agency
A State agency that is in a partnership receiving an allotment under this section—
(B)
Degree-granting institutions of higher education
A degree-granting institution of higher education that is in a partnership receiving an allotment under this section—
(i)
shall—
(I)
recruit and admit participating qualified students and provide such additional institutional grant aid to participating students as agreed to with the State agency;
(C)
Programs
An early information and intervention, mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide direct services, support, and information to participating students.
(D)
Philanthropic organization or private corporation
A philanthropic organization or private corporation that is in a partnership receiving an allotment under this section shall provide funds for grants for access and persistence for participating students, or provide funds or support for early information and intervention, mentoring, or outreach programs.
(d)
Authorized activities
(1)
In general
(A)
Establishment of partnership
Each State receiving an allotment under this section shall use the funds to establish a partnership to award grants for access and persistence to eligible low-income students in order to increase the amount of financial assistance such students receive under this subpart for undergraduate education expenses.
(B)
Amount of grants
The amount of a grant for access and persistence awarded by a State to a student under this section shall be not less than—
(2)
Early notification
(A)
In general
Each State receiving an allotment under this section shall annually notify low-income students in grades seven through 12 in the State, and their families, of their potential eligibility for student financial assistance, including an access and persistence grant, to attend an institution of higher education.
(B)
Content of notice
The notice under subparagraph (A)—
(i)
shall include—
(I)
information about early information and intervention, mentoring, or outreach programs available to the student;
(II)
information that a student’s eligibility for a grant for access and persistence is enhanced through participation in an early information and intervention, mentoring, or outreach program;
(III)
an explanation that student and family eligibility for, and participation in, other Federal means-tested programs may indicate eligibility for a grant for access and persistence and other student aid programs;
(IV)
a nonbinding estimate of the total amount of financial aid that a low-income student with a similar income level may expect to receive, including an estimate of the amount of a grant for access and persistence and an estimate of the amount of grants, loans, and all other available types of aid from the major Federal and State financial aid programs;
(BB)
with respect to which attendance is permitted under subsection (d)(1)(C)(ii);
(VI)
information on any additional requirements (such as a student pledge detailing student responsibilities) that the State may impose for receipt of a grant for access and persistence under this section; and
(VII)
instructions on how to apply for a grant for access and persistence and an explanation that a student is required to file a Free Application for Federal Student Aid authorized under section
1090
(a) of this title to be eligible for such grant and assistance from other Federal and State financial aid programs; and
(3)
Eligibility
In determining which students are eligible to receive grants for access and persistence, the State shall ensure that each such student complies with the following subparagraph (A) or (B):
(A)
Meets not less than two of the following criteria, with priority given to students meeting all of the following criteria:
(i)
Has an expected family contribution equal to zero, as determined under part E, or a comparable alternative based upon the State’s approved criteria in section
1070c–2
(b)(4) of this title.
(4)
Grant award
Once a student, including those students who have received early notification under paragraph (2) from the State, applies for admission to an institution that is a partner in the partnership, files a Free Application for Federal Student Aid and any related State form, and is determined eligible by the State under paragraph (3), the State shall—
(5)
Duration of award
An eligible student who receives a grant for access and persistence under this section shall receive such grant award for each year of such student’s undergraduate education in which the student remains eligible for assistance under this subchapter and part
C of subchapter
I of chapter
34 of title
42, including pursuant to section
1091
(c) of this title, and remains financially eligible as determined by the State, except that the State may impose reasonable time limits to degree completion.
(e)
Administrative cost allowance
A State that receives an allotment under this section may reserve not more than two percent of the funds made available annually through the allotment for State administrative functions required to carry out this section.
(f)
Statutory and regulatory relief for institutions of higher education
The Secretary may grant, upon the request of an institution of higher education that is in a partnership described in subsection (b)(2)(B)(ii) and that receives an allotment under this section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership.
(g)
Applicability rule
The provisions of this subpart that are not inconsistent with this section shall apply to the program authorized by this section.
(h)
Maintenance of effort requirement
Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (d) for the preceding fiscal year were not less than the amount expended per student or the aggregate expenditure by the State for the activities for the second preceding fiscal year.
(i)
Special rule
Notwithstanding subsection (h), for purposes of determining a State’s share of the cost of the authorized activities described in subsection (d), the State shall consider only those expenditures from non-Federal sources that exceed the State’s total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided under this subpart).
(j)
Continuation and transition
For the two-year period that begins on August 14, 2008, the Secretary shall continue to award grants under section
1070c–3a of this title as such section existed on the day before August 14, 2008, to States that choose to apply for grants under such predecessor section.
(k)
Reports
Not later than three years after August 14, 2008, and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.