20 USC 1070 - Grants for access and persistence

View all text of Subpart 4 [§ 1070c - § 1070d-1d]

§ 1070c–3a. Grants for access and persistence

(a) PurposeIt 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—

(A) carry out activities under this section; and

(B) provide coordination and cohesion among Federal, State, and local governmental and private efforts that provide financial assistance to help low-income students attend an institution of higher education;

(2) provide need-based grants for access and persistence to eligible low-income students;

(3) provide early notification to low-income students of the students’ eligibility for financial aid; and

(4) encourage increased participation in early information and intervention, mentoring, or outreach programs.

(b) Allotments to States

(1) In general

(A) Authorization

(B) Determination of allotmentIn making allotments under subparagraph (A), the Secretary shall consider the following:

(i) Continuation of award

(ii) Special continuation and transition rule

(iii) Priority

(2) Federal share

(A) In general

(B) Different percentagesThe 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—(I) philanthropic organizations that are located in, or that provide funding in, the State; or(II) private corporations that are located in, or that do business in, the State.

(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—(I) philanthropic organizations that are located in, or that provide funding in, the State; or(II) private corporations that are located in, or that do business in, the State.

(i) In general

(ii) In-kind contributionFor the purpose of calculating the non-Federal share under this subparagraph, an in-kind contribution is a non-cash contribution that—(I) has monetary value, such as the provision of—(aa) room and board; or(bb) transportation passes; and(II) helps a student meet the cost of attendance at an institution of higher education.

(iii) Effect on need analysis

(1) In general

(A) Submission

(B) ContentAn application submitted under subparagraph (A) shall include the following:

(i) A description of the State’s plan for using the allotted funds.

(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.

(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.

(vii) An assurance that the State has a method in place, such as acceptance of the automatic zero expected family contribution determination described in section 1087ss(c) of this title, to identify eligible low-income students and award State grant aid to such students.

(viii) An assurance that the State will provide notification to eligible low-income students that grants under this section are—(I) Leveraging Educational Assistance Partnership Grants; and(II) funded by the Federal Government and the State, and, where applicable, other contributing partners.

(2) State agency

(3) PartnershipIn 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;

(B) new or existing early information and intervention, mentoring, or outreach programs located in the State; and

(i) philanthropic organization located in, or that provides funding in, the State; or

(ii) private corporation located in, or that does business in, the State.

(4) Roles of partners

(A) State agencyA State agency that is in a partnership receiving an allotment under this section—

(i) shall—(I) serve as the primary administrative unit for the partnership;(II) provide or coordinate non-Federal share funds, and coordinate activities among partners;(III) encourage each institution of higher education in the State to participate in the partnership;(IV) make determinations and early notifications of assistance as described under subsection (d)(2); and(V) annually report to the Secretary on the partnership’s progress in meeting the purpose of this section; and

(ii) may provide early information and intervention, mentoring, or outreach programs.

(B) Degree-granting institutions of higher educationA 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;(II) provide support services to students who receive grants for access and persistence under this section and are enrolled at such institution; and(III) assist the State in the identification of eligible students and the dissemination of early notifications of assistance as agreed to with the State agency; and

(ii) may provide funding for early information and intervention, mentoring, or outreach programs or provide such services directly.

(D) Philanthropic organization or private corporation

(d) Authorized activities

(1) In general

(A) Establishment of partnership

(B) Amount of grantsThe amount of a grant for access and persistence awarded by a State to a student under this section shall be not less than—

(i) the average undergraduate tuition and mandatory fees at the public institutions of higher education in the State where the student resides that are of the same type of institution as the institution of higher education the student attends; minus

(ii) other Federal and State aid the student receives.

(i) Partnership institutions

(ii) Out-of-State institutions

(2) Early notification

(A) In general

(B) Content of noticeThe 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;(V) an explanation that in order to be eligible for a grant for access and persistence, at a minimum, a student shall—(aa) meet the requirement under paragraph (3);(bb) graduate from secondary school; and(cc) enroll at an institution of higher education—(AA) that is a partner in the partnership; or(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

(ii) may include a disclaimer that grant awards for access and persistence are contingent on—(I) a determination of the student’s financial eligibility at the time of the student’s enrollment at an institution of higher education that is a partner in the partnership or qualifies under subsection (d)(1)(C)(ii);(II) annual Federal and State spending for higher education; and(III) other aid received by the student at the time of the student’s enrollment at such institution of higher education.

(3) EligibilityIn 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 F, or a comparable alternative based upon the State’s approved criteria in section 1070c–2(b)(4) of this title.

(ii) Qualifies for the State’s maximum undergraduate award, as authorized under section 1070c–2(b) of this title.

(iii) Is participating in, or has participated in, a Federal, State, institutional, or community early information and intervention, mentoring, or outreach program, as recognized by the State agency administering activities under this section.

(B) Is receiving, or has received, a grant for access and persistence under this section, in accordance with paragraph (5).

(4) Grant awardOnce 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—

(A) issue the student a preliminary award certificate for a grant for access and persistence with estimated award amounts; and

(B) inform the student that payment of the grant for access and persistence award amounts is subject to certification of enrollment and award eligibility by the institution of higher education.

(5) Duration of award

(e) Administrative cost allowance

(f) Statutory and regulatory relief for institutions of higher education

(g) Applicability rule

(h) Maintenance of effort requirement

(i) Special rule

(j) Continuation and transition

(k) Reports

(Pub. L. 89–329, title IV, § 415E, as added Pub. L. 105–244, title IV, § 407(c)(2), Oct. 7, 1998, 112 Stat. 1666; amended Pub. L. 106–554, § 1(a)(1) [title III, § 316(2), (3)], Dec. 21, 2000, 114 Stat. 2763, 2763A–47; Pub. L. 110–315, title IV, § 407(c), Aug. 14, 2008, 122 Stat. 3216; Pub. L. 111–39, title IV, § 401(a)(6), July 1, 2009, 123 Stat. 1938; Pub. L. 116–260, div. FF, title VII, § 704(3), (5), Dec. 27, 2020, 134 Stat. 3200.)