Florida Senate - 2008 SB 2210

By the Committee on Higher Education

589-04235-08 20082210__

1

A bill to be entitled

2

An act relating to student financial aid; amending ss.

3

1009.89 and 1009.891, F.S., relating to the William L.

4

Boyd, IV, Florida Resident Access Grant Program and the

5

Access to Better Learning and Education Grant Program;

6

deleting provisions indicating that the programs are

7

tuition assistance programs rather than financial aid

8

programs; requiring that an institution meet a specified

9

retention rate in order to participate in either program;

10

requiring that a student receiving an award under either

11

program maintain a specified grade point average, earn a

12

certain amount of academic credit each semester or

13

equivalent term, file certain information with the

14

Department of Education concerning financial need, and

15

demonstrate unmet financial need at the institution;

16

requiring institutions participating in either program to

17

remit to the department the amount of tuition assistance

18

expended for students who fail to meet certain

19

requirements; limiting the period during which a student

20

may receive an award of tuition assistance; providing an

21

effective date.

22

23

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

24

25

     Section 1.  Section 1009.89, Florida Statutes, is amended to

26

read:

27

     1009.89  The William L. Boyd, IV, Florida resident access

28

grants.--

29

     (1)  The Legislature finds and declares that independent

30

nonprofit colleges and universities eligible to participate in

31

the William L. Boyd, IV, Florida Resident Access Grant Program

32

are an integral part of the higher education system in this state

33

and that a significant number of state residents choose this form

34

of higher education. The Legislature further finds that a strong

35

and viable system of independent nonprofit colleges and

36

universities reduces the tax burden on the citizens of the state.

37

Because The William L. Boyd, IV, Florida Resident Access Grant

38

Program is not related to a student's financial need or other

39

criteria upon which financial aid programs are based, it is the

40

intent of the Legislature that the William L. Boyd, IV, Florida

41

Resident Access Grant Program not be considered a financial aid

42

program but rather a tuition assistance program for its citizens.

43

     (2)  The William L. Boyd, IV, Florida Resident Access Grant

44

Program shall be administered by the Department of Education. The

45

State Board of Education shall adopt rules for the administration

46

of the program.

47

     (3)  The department shall issue through the program a

48

William L. Boyd, IV, Florida resident access grant to any full-

49

time degree-seeking undergraduate student registered at an

50

independent nonprofit college or university that which is located

51

in and chartered by the state; that which is accredited by the

52

Commission on Colleges of the Southern Association of Colleges

53

and Schools; that which grants baccalaureate degrees; that has a

54

mean retention rate, based on data for baccalaureate-degree-

55

seeking students reported the prior year to the federal

56

Integrated Postsecondary Education Data System, which is no more

57

than two standard deviations below the mean retention rate for

58

all public and private baccalaureate degree-granting institutions

59

in the state; that which is not a state university or state

60

community college; and that which has a secular purpose, so long

61

as the receipt of state aid by students at the institution would

62

not have the primary effect of advancing or impeding religion or

63

result in an excessive entanglement between the state and any

64

religious sect. Any independent college or university that was

65

eligible to receive tuition vouchers on January 1, 1989, and that

66

which continues to meet the criteria under which its eligibility

67

was established, shall remain eligible to receive William L.

68

Boyd, IV, Florida resident access grant payments. An institution

69

that does not meet the required retention rate on July 1, 2008,

70

remains eligible to participate until July 1, 2011.

71

     (4)  A person is eligible to receive such William L. Boyd,

72

IV, Florida resident access grant if:

73

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

74

residency, for student eligibility as provided in s. 1009.40,

75

except as otherwise provided in this section; and

76

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

77

student at an eligible college or university;

78

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

79

to a degree in theology or divinity; and

80

     3. He or she maintains a cumulative grade point average of

81

at least 2.25 on a 4.0 scale and earns 12 hours of academic

82

credit for each semester, or the equivalent for each quarter,

83

that he or she receives an award; is making satisfactory academic

84

progress as defined by the college or university in which he or

85

she is enrolled.

86

     4. He or she files with the department information

87

concerning financial need on a form approved by the department;

88

and

89

     5. He or she demonstrates unmet financial need at the

90

institution where he or she is enrolled.

91

     (5)(a)  Funding for the William L. Boyd, IV, Florida

92

Resident Access Grant Program shall be based on a formula

93

composed of planned enrollment and the state cost of funding

94

undergraduate enrollment at public institutions pursuant to s.

95

1011.90. The amount of the William L. Boyd, IV, Florida resident

96

access grant issued to a full-time student shall be an amount as

97

specified in the General Appropriations Act. The William L. Boyd,

98

IV, Florida resident access grant may be paid on a prorated basis

99

in advance of the registration period. The department shall make

100

such payments to the college or university in which the student

101

is enrolled for credit to the student's account for payment of

102

tuition and fees. Institutions shall certify to the department

103

the amount of funds disbursed to each student and shall remit to

104

the department any undisbursed advances or refunds within 60 days

105

of the end of regular registration. Each institution shall

106

annually remit to the department the amount of the grant expended

107

under this program for each student who failed to maintain a

108

cumulative grade point average of at least 2.25 on a 4.0 scale or

109

who failed to earn 12 hours of academic credit for each semester,

110

or the equivalent for each quarter, that he or she received an

111

award. Students shall not be eligible to receive the award for

112

more than 8 9 semesters or an equivalent number of 14 quarters,

113

except as otherwise provided in s. 1009.40(3).

114

     (b)  If the combined amount of the William L. Boyd, IV,

115

Florida resident access grant issued pursuant to this act and all

116

other scholarships and grants for tuition or fees exceeds the

117

amount charged to the student for tuition and fees, the

118

department shall reduce the William L. Boyd, IV, Florida resident

119

access grant issued pursuant to this act by an amount equal to

120

such excess.

121

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

122

authorized in the General Appropriations Act, an institution may

123

use its own resources to assure that each eligible student

124

receives the full benefit of the grant amount authorized.

125

     Section 2.  Section 1009.891, Florida Statutes, is amended

126

to read:

127

     1009.891  The Access to Better Learning and Education Grant

128

Program.--

129

     (1)  The Legislature finds and declares that independent

130

for-profit colleges and universities eligible to participate in

131

the Access to Better Learning and Education Grant Program are an

132

integral part of the higher education system in this state and

133

that a significant number of state residents choose this form of

134

higher education. The Legislature further finds that strong,

135

viable independent for-profit colleges and universities reduce

136

the tax burden on the residents of the state. Because The Access

137

to Better Learning and Education Grant Program is not related to

138

a student's financial need or other criteria upon which financial

139

aid programs are based, it is the intent of the Legislature that

140

the Access to Better Learning and Education Grant Program not be

141

considered a financial aid program but rather a tuition

142

assistance program for state residents.

143

     (2)  The Access to Better Learning and Education Grant

144

Program shall be administered by the Department of Education. The

145

State Board of Education shall adopt rules for administering the

146

program.

147

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

148

time student seeking a baccalaureate degree who is registered at

149

a for-profit college or university that is located in and

150

chartered by the state and that is accredited by the Commission

151

on Colleges of the Southern Association of Colleges and Schools

152

or who is registered at a nonprofit college or university that is

153

chartered out of the state, that has been located in the state

154

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

155

Colleges of the Southern Association of Colleges and Schools, the

156

Middle States Association of Colleges and Schools, the North

157

Central Association of Colleges and Schools, or the New England

158

Association of Colleges and Schools; that grants baccalaureate

159

degrees; that has a mean retention rate, based on data reported

160

to the federal Integrated Postsecondary Education Data System,

161

which is no more than two standard deviations below the mean

162

retention rate for all public and private baccalaureate degree-

163

granting institutions in the state; that is not a state

164

university or state community college; and that has a secular

165

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

166

institution would not have the primary effect of advancing or

167

impeding religion or result in an excessive entanglement between

168

the state and any religious sect. Institutions eligible for the

169

Access to Better Learning and Education Grant Program in the

170

initial year of funding shall include only those for-profit

171

colleges or universities identified in this subsection. Nonprofit

172

colleges or universities identified in this subsection shall be

173

eligible for financial support in the second year of funding. An

174

institution that does not meet the required retention rate on

175

July 1, 2008, remains eligible to participate until July 1, 2011.

176

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

177

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

178

residency, for student eligibility as provided in s. 1009.40,

179

except as otherwise provided in this section; and

180

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

181

student at an eligible college or university in a program of

182

study leading to a baccalaureate degree;

183

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

184

to a degree in theology or divinity; and

185

     3. He or she maintains a cumulative grade point average of

186

at least 2.25 on a 4.0 scale and earns 12 hours of academic

187

credit for each semester, or the equivalent for each quarter,

188

that he or she receives an award; is making satisfactory academic

189

progress as defined by the college or university in which he or

190

she is enrolled.

191

     4. He or she files with the department information

192

concerning financial need on a form approved by the department;

193

and

194

     5. He or she demonstrates unmet financial need at the

195

institution where he or she is enrolled.

196

     (5)(a)  The amount of the access grant issued to a full-time

197

student shall be an amount specified in the General

198

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

199

basis in advance of the registration period. The department shall

200

make payments to the college or university in which the student

201

is enrolled for credit to the student's account for payment of

202

tuition and fees. Institutions shall certify to the department

203

the amount of funds disbursed to each student and shall remit to

204

the department any undisbursed advances or refunds within 60 days

205

after the end of regular registration. Each institution shall

206

annually remit to the department the amount of tuition assistance

207

expended under this program for each student who failed to

208

maintain a cumulative grade point average of at least 2.25 on a

209

4.0 scale or who failed to earn 12 hours of academic credit for

210

each semester, or the equivalent for each quarter, that he or she

211

received an award. A student may not receive the award for more

212

than 8 9 semesters or an equivalent number of 14 quarters, except

213

as otherwise provided in s. 1009.40(3).

214

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

215

pursuant to this section and all other scholarships and grants

216

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

217

tuition and fees, the department shall reduce the grant issued

218

under this section by an amount equal to the excess.

219

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

220

authorized in the General Appropriations Act, an institution may

221

use its own resources to assure that each eligible student

222

receives the full benefit of the grant amount authorized.

223

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

224

specifically funded and authorized by law.

225

     Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.