Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7062

FOR CONSIDERATION By the Committee on Higher Education

589-04052A-08 20087062__

1

A bill to be entitled

2

An act relating to tuition assistance; 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, and file

13

certain information with the Department of Education

14

concerning financial need; requiring institutions

15

participating in either program to remit to the department

16

the amount of tuition assistance expended for students who

17

fail to meet certain requirements; limiting the period

18

during which a student may receive an award of tuition

19

assistance; providing an effective date.

20

21

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

22

23

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

24

read:

25

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

26

grants.--

27

     (1)  The Legislature finds and declares that independent

28

nonprofit colleges and universities eligible to participate in

29

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

30

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

31

and that a significant number of state residents choose this form

32

of higher education. The Legislature further finds that a strong

33

and viable system of independent nonprofit colleges and

34

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

35

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

36

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

37

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

38

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

39

Resident Access Grant Program not be considered a financial aid

40

program but rather a tuition assistance program for its citizens.

41

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

42

Program shall be administered by the Department of Education. The

43

State Board of Education shall adopt rules for the administration

44

of the program.

45

     (3)  The department shall issue through the program a

46

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

47

time degree-seeking undergraduate student registered at an

48

independent nonprofit college or university that which is located

49

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

50

Commission on Colleges of the Southern Association of Colleges

51

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

52

mean retention rate, based on data reported to the federal

53

Integrated Postsecondary Education Data System, which is no more

54

than two standard deviations below the mean retention rate for

55

all public and private baccalaureate degree-granting institutions

56

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

57

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

58

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

59

not have the primary effect of advancing or impeding religion or

60

result in an excessive entanglement between the state and any

61

religious sect. Any independent college or university that was

62

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

63

which continues to meet the criteria under which its eligibility

64

was established, shall remain eligible to receive William L.

65

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

66

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

67

remains eligible to participate until July 1, 2011.

68

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

69

IV, Florida resident access grant if:

70

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

71

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

72

except as otherwise provided in this section; and

73

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

74

student at an eligible college or university;

75

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

76

to a degree in theology or divinity; and

77

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

78

at least 2.5 on a 4.0 scale and earns 12 hours of academic credit

79

for each semester that he or she receives an award; and is making

80

satisfactory academic progress as defined by the college or

81

university in which he or she is enrolled.

82

     4. He or she files with the department information

83

concerning financial need on a form approved by the department.

84

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

85

Resident Access Grant Program shall be based on a formula

86

composed of planned enrollment and the state cost of funding

87

undergraduate enrollment at public institutions pursuant to s.

88

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

89

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

90

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

91

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

92

in advance of the registration period. The department shall make

93

such payments to the college or university in which the student

94

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

95

tuition and fees. Institutions shall certify to the department

96

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

97

the department any undisbursed advances or refunds within 60 days

98

of the end of regular registration. Each institution shall

99

annually remit to the department the amount of tuition assistance

100

expended under this program for each student who failed to

101

maintain a cumulative grade point average of at least 2.5 on a

102

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

103

each semester that he or she received an award. Students shall

104

not be eligible to receive the award for more than 8 9 semesters

105

or 14 quarters, except as otherwise provided in s. 1009.40(3).

106

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

107

Florida resident access grant issued pursuant to this act and all

108

other scholarships and grants for tuition or fees exceeds the

109

amount charged to the student for tuition and fees, the

110

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

111

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

112

such excess.

113

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

114

authorized in the General Appropriations Act, an institution may

115

use its own resources to assure that each eligible student

116

receives the full benefit of the grant amount authorized.

117

     Section 2.  Section 1009.891, Florida Statutes, is amended

118

to read:

119

     1009.891  The Access to Better Learning and Education Grant

120

Program.--

121

     (1)  The Legislature finds and declares that independent

122

for-profit colleges and universities eligible to participate in

123

the Access to Better Learning and Education Grant Program are an

124

integral part of the higher education system in this state and

125

that a significant number of state residents choose this form of

126

higher education. The Legislature further finds that strong,

127

viable independent for-profit colleges and universities reduce

128

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

129

to Better Learning and Education Grant Program is not related to

130

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

131

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

132

the Access to Better Learning and Education Grant Program not be

133

considered a financial aid program but rather a tuition

134

assistance program for state residents.

135

     (2)  The Access to Better Learning and Education Grant

136

Program shall be administered by the Department of Education. The

137

State Board of Education shall adopt rules for administering the

138

program.

139

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

140

time student seeking a baccalaureate degree who is registered at

141

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

142

chartered by the state and that is accredited by the Commission

143

on Colleges of the Southern Association of Colleges and Schools

144

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

145

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

146

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

147

Colleges of the Southern Association of Colleges and Schools, the

148

Middle States Association of Colleges and Schools, the North

149

Central Association of Colleges and Schools, or the New England

150

Association of Colleges and Schools; that grants baccalaureate

151

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

152

to the federal Integrated Postsecondary Education Data System,

153

which is no more than two standard deviations below the mean

154

retention rate for all public and private baccalaureate degree-

155

granting institutions in the state; that is not a state

156

university or state community college; and that has a secular

157

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

158

institution would not have the primary effect of advancing or

159

impeding religion or result in an excessive entanglement between

160

the state and any religious sect. Institutions eligible for the

161

Access to Better Learning and Education Grant Program in the

162

initial year of funding shall include only those for-profit

163

colleges or universities identified in this subsection. Nonprofit

164

colleges or universities identified in this subsection shall be

165

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

166

institution that does not meet the required retention rate on

167

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

168

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

169

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

170

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

171

except as otherwise provided in this section; and

172

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

173

student at an eligible college or university in a program of

174

study leading to a baccalaureate degree;

175

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

176

to a degree in theology or divinity; and

177

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

178

at least 2.5 on a 4.0 scale and earns 12 hours of academic credit

179

for each semester that he or she receives an award; and is making

180

satisfactory academic progress as defined by the college or

181

university in which he or she is enrolled.

182

     4. He or she files with the department information

183

concerning financial need on a form approved by the department.

184

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

185

student shall be an amount specified in the General

186

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

187

basis in advance of the registration period. The department shall

188

make payments to the college or university in which the student

189

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

190

tuition and fees. Institutions shall certify to the department

191

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

192

the department any undisbursed advances or refunds within 60 days

193

after the end of regular registration. Each institution shall

194

annually remit to the department the amount of tuition assistance

195

expended under this program for each student who failed to

196

maintain a cumulative grade point average of at least 2.5 on a

197

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

198

each semester that he or she received an award. A student may not

199

receive the award for more than 8 9 semesters or 14 quarters,

200

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

201

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

202

pursuant to this section and all other scholarships and grants

203

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

204

tuition and fees, the department shall reduce the grant issued

205

under this section by an amount equal to the excess.

206

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

207

authorized in the General Appropriations Act, an institution may

208

use its own resources to assure that each eligible student

209

receives the full benefit of the grant amount authorized.

210

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

211

specifically funded and authorized by law.

212

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

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