Senate Bill sb0638c1

    Florida Senate - 2003                            CS for SB 638

    By the Committee on Appropriations; and Senators Clary, Hill,
    Campbell, Bennett, Webster and Bullard




    309-2342-03

  1                      A bill to be entitled

  2         An act relating to student tuition assistance;

  3         creating the Access to Better Learning and

  4         Education Grant Program; providing legislative

  5         findings with respect to education provided by

  6         for-profit colleges and universities; providing

  7         for the Department of Education to administer

  8         the grant program; providing requirements for

  9         eligibility; providing for an annual

10         appropriation; requiring institutions to remit

11         undisbursed funds to the department; limiting

12         the period a student may receive a grant;

13         providing for implementation only to the extent

14         funded and authorized by law; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  The Access to Better Learning and Education

20  Grant Program.--

21         (1)  The Legislature finds and declares that

22  independent for-profit colleges and universities eligible to

23  participate in the Access to Better Learning and Education

24  Grant Program are an integral part of the higher education

25  system in this state and that a significant number of state

26  residents choose this form of higher education. The

27  Legislature further finds that strong, viable independent

28  for-profit colleges and universities reduce the tax burden on

29  the residents of the state. Because the Access to Better

30  Learning and Education Grant Program is not related to a

31  student's financial need or other criteria upon which

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    Florida Senate - 2003                            CS for SB 638
    309-2342-03




 1  financial aid programs are based, it is the intent of the

 2  Legislature that the Access to Better Learning and Education

 3  Grant Program not be considered a financial aid program but

 4  rather a tuition assistance program for state residents.

 5         (2)  The Access to Better Learning and Education Grant

 6  Program shall be administered by the Department of Education.

 7  The State Board of Education shall adopt rules for

 8  administering the program.

 9         (3)  The department shall issue an access grant to any

10  full-time student seeking a baccalaureate degree who is

11  registered at a for-profit college or university that is

12  located in and chartered by the state; that is accredited by

13  the Commission on Colleges of the Southern Association of

14  Colleges and Schools; or a nonprofit college or university

15  that is chartered out of the state and located in the state

16  for 10 years or more and is accredited by the Commission on

17  Colleges of the Southern Association of Colleges and Schools,

18  the Middle States Accrediting Agency, the North Central

19  Accrediting Agency, or the New England Accrediting Agency;

20  that grants baccalaureate degrees; that is not a state

21  university or state community college; and that has a secular

22  purpose, if the receipt of state aid by students at the

23  institution would not have the primary effect of advancing or

24  impeding religion or result in an excessive entanglement

25  between the state and any religious sect.  Institutions

26  eligible for the Access to Better Learning and Education Grant

27  Program in the initial year of funding shall include only

28  those for-profit colleges or universities identified in this

29  subsection.  Nonprofit colleges or universities identified in

30  this section shall be eligible for financial support in the

31  second year of funding.

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    Florida Senate - 2003                            CS for SB 638
    309-2342-03




 1         (4)  A person is eligible to receive an access grant

 2  if:

 3         (a)  He or she meets the general requirements,

 4  including residency, for student eligibility as provided in

 5  section 1009.40, Florida Statutes, except as otherwise

 6  provided in this section; and

 7         (b)1.  He or she is enrolled as a full-time

 8  undergraduate student at an eligible college or university in

 9  a program of study leading to a baccalaureate degree;

10         2.  He or she is not enrolled in a program of study

11  leading to a degree in theology or divinity; and

12         3.  He or she is making satisfactory academic progress

13  as defined by the college or university in which he or she is

14  enrolled.

15         (5)(a)  The amount of the access grant issued to a

16  full-time student shall be an amount specified in the General

17  Appropriations Act. The access grant may be paid on a prorated

18  basis in advance of the registration period. The department

19  shall make payments to the college or university in which the

20  student is enrolled for credit to the student's account for

21  payment of tuition and fees. Institutions shall certify to the

22  department the amount of funds disbursed to each student and

23  shall remit to the department any undisbursed advances or

24  refunds within 60 days after the end of regular registration.

25  A student may not receive the award for more than 9 semesters

26  or 14 quarters, except as otherwise provided in section

27  1009.40(3), Florida Statutes.

28         (b)  If the combined amount of the access grant issued

29  pursuant to this section and all other scholarships and grants

30  for tuition or fees exceeds the amount charged to the student

31  

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    Florida Senate - 2003                            CS for SB 638
    309-2342-03




 1  for tuition and fees, the department shall reduce the grant

 2  issued under this section by an amount equal to the excess.

 3         (6)  If the number of eligible students exceeds the

 4  total authorized in the General Appropriations Act, an

 5  institution may use its own resources to assure that each

 6  eligible student receives the full benefit of the grant amount

 7  authorized.

 8         (7)  This section shall be implemented only to the

 9  extent specifically funded and authorized by law.

10         Section 2.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              s0638

15                                 

16  The Committee Substitute clarifies that the grant program is
    to be implemented only to the extent funded specifically by
17  law.  Further, secular, non-profit colleges and universities
    chartered out-of-state may participate in the program only if
18  located in Florida for 10 years or more and accredited
    regionally.  These schools are eligible only in the second
19  year of funding for the program.

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