34 C.F.R. Subpart B—Application Procedures
Title 34 - Education
(a) As the first step to receiving a grant under this part, a student shall apply on an approved application form to the Secretary to have his or her expected family contribution calculated and to determine the student's Federal Pell Grant eligibility. A copy of this form is not acceptable. (b)(1) The student shall provide any information requested by the Secretary in addition to the information necessary to establish eligibility for a Federal Pell Grant. (2) The additional information may include, but is not limited to, information about the rigorous secondary school program of study completed by a student applying for an ACG. (c) The student shall submit an application to the Secretary by— (1) Providing the application form, signed by all appropriate family members, to the institution which the student attends or plans to attend so that the institution can transmit the application information to the Secretary electronically; or (2) Sending an approved application form to the Secretary. (d) The student shall provide the address of his or her residence unless the student is incarcerated and the educational institution has made special arrangements with the Secretary to receive relevant correspondence on behalf of the student. If such an arrangement is made, the student shall provide the address indicated by the institution. (e) For each award year, the Secretary, through publication in the (Authority: 20 U.S.C. 1070a–1)
Title 34: Education
PART 691—ACADEMIC COMPETITIVENESS GRANT (ACG) AND NATIONAL SCIENCE AND MATHEMATICS ACCESS TO RETAIN TALENT GRANT (NATIONAL SMART GRANT) PROGRAMS
Subpart B—Application Procedures
§ 691.12 Application.
§§ 691.13-691.14 [Reserved]
§ 691.15 Eligibility to receive a grant.
(a) General. A student who meets the requirements of 34 CFR part 668, Subpart C, is eligible to receive an ACG or a National SMART Grant if the student—
(1) Is a U.S. citizen;
(2) Is receiving a Federal Pell Grant disbursement for the same payment period; and
(3) Is enrolled full-time.
(b) ACG Program. (1) A student is eligible to receive an ACG if the student—
(i) Meets the eligibility requirements in paragraph (a) of this section;
(ii) For the first academic year of his or her eligible program—
(A) Has successfully completed, after January 1, 2006, a rigorous secondary school program of study recognized by the Secretary under §691.16; and
(B) Has not previously been enrolled as a regular student in a program of undergraduate education;
(iii) For the second academic year of his or her eligible program—
(A) Has successfully completed, after January 1, 2005, a rigorous secondary school program of study recognized by the Secretary under §691.16; and
(B) Has successfully completed the first academic year of his or her eligible program; and
(C) For the first academic year of his or her eligible program, obtained a grade point average (GPA) of at least 3.0 or higher on a 4.0 scale, or the equivalent, consistent with other institutional measures for academic and title IV, HEA program purposes.
(2)(i) An institution must document a student's completion of a rigorous secondary school program of study under paragraphs (b)(1)(ii)(A) and (b)(1)(iii)(A) of this section using—
(A) Documentation provided directly to the institution by the cognizant authority; or
(B) Documentation from the cognizant authority provided by the student.
(ii) If an institution has reason to believe that the documentation provided by the student under paragraph (b)(2)(i)(B) of this section is inaccurate or incomplete, the institution shall confirm the student's completion of a rigorous secondary school program of study by using documentation provided directly to the institution by the cognizant authority.
(3) For purposes of paragraph (b)(2) of this section—
(i) A cognizant authority includes, but is not limited to—
(A) An LEA;
(B) An SEA or other State agency;
(C) A public or private high school; or
(D) A testing organization such as the College Board or State agency; or
(ii) For a home-schooled student, the student's parent or guardian is the cognizant authority for purposes of providing the documentation required under paragraph (b)(2)(i) of this section, of a rigorous secondary school program under §691.16(d)(2), including a transcript or the equivalent or a detailed course description listing the secondary school courses completed by the student.
(4) For a student who transfers from an eligible program at one institution to an eligible program at another institution, the institution to which the student transfers may rely upon the prior institution's determination that the student completed a rigorous secondary school program of study in accordance with paragraphs (b)(1)(ii)(A) and (b)(1)(iii)(A) of this section based on documentation that the prior institution may provide, or based on documentation of the receipt of an ACG disbursement at the prior institution.
(c) National SMART Grant Program. A student is eligible to receive a National SMART Grant for the third or fourth academic year of his or her eligible program if the student—
(1) Meets the eligibility requirements in paragraph (a) of this section;
(2)(i)(A) In accordance with the institution's academic requirements, formally declares an eligible major; or
(B) If the institution's academic requirements do not allow a student to declare an eligible major in time to qualify for a National SMART Grant on that basis—
(1) Demonstrates his or her intention to declare an eligible major as documented by the institution; and
(2) Formally declares an eligible major as soon as allowed under the institution's academic requirements; and
(ii) Enrolls in the courses necessary both to complete the degree program and to fulfill the requirements of the intended eligible major;
(3) Has a cumulative GPA through the most recently completed payment period of at least 3.0 or higher on a 4.0 scale, or the equivalent, consistent with other institutional measures for academic and title IV, HEA program purposes, in the student's eligible program;
(4) For the third academic year, has successfully completed the second academic year of his or her eligible program; and
(5) For the fourth academic year, has successfully completed the third academic year of his or her eligible program.
(d) Transfer student's grade point average. Under the ACG and National SMART Grant programs, if a student transfers from another institution, the institution to which the student transfers—
(1) Must calculate the student's GPA for the student's first payment period of enrollment using the grades earned by the student in the coursework from any prior institution that it accepts towards the student's eligible program; or
(2) If the institution accepts no credits towards the student's eligible program, must consider the student to be ineligible until the student completes at least one payment period in an eligible program with a qualifying GPA.
(Authority: 20 U.S.C. 1070a–1)
§ 691.16 Recognition of a rigorous secondary school program of study.
(a) For an award year, the Secretary recognizes in each State at least one rigorous secondary school program of study as established by an SEA or, if legally authorized by the State to establish a separate secondary school program of study, an LEA.
(b) For each award year, the Secretary establishes a deadline for SEAs and LEAs to submit information about the secondary school program or programs that the SEA or LEA identifies as a rigorous secondary school program of study, and, in the case of an LEA, documentation that the LEA is legally authorized by the State to establish a separate secondary school program of study.
(c) In identifying a rigorous secondary school program of study, the SEA, or the LEA if applicable, must consider separate identifiable secondary programs that—
(1) Are offered by secondary schools in the State, including public, charter, private, tribal, and home schools;
(2) Are considered by the SEA, or by the LEA if applicable, to prepare a student to pursue postsecondary education successfully; and
(3) Are not General Education Development (GED) Certificate programs.
(d) In addition to those programs identified by States or LEAs and recognized by the Secretary as rigorous under paragraphs (b) and (c) of this section, the Secretary recognizes the following secondary school programs of study as rigorous:
(1) Advanced or honors secondary school programs established by States and in existence for the 2004–2005 or 2005–2006 school year, as identified by the Secretary.
(2) Any secondary school program in which a student completes at a minimum the following courses:
(i) Four years of English.
(ii) Three years of mathematics, including algebra I and a higher-level class such as algebra II, geometry, or data analysis and statistics.
(iii) Three years of science, including one year each of at least two of the following courses: biology, chemistry, and physics.
(iv) Three years of social studies.
(v) One year of a language other than English.
(3) A secondary school program identified by a State—level partnership that is recognized by the State Scholars Initiative of the Western Interstate Commission for Higher Education (WICHE), Boulder, Colorado.
(4) Any secondary school program for a student who completes at least two courses in the International Baccalaureate Diploma Program sponsored by the International Baccalaureate Organization, Geneva, Switzerland, and receives a score of “4” or higher on the examinations for at least two of those courses.
(5) Any secondary school program for a student who completes at least two Advanced Placement courses and receives a score of “3” or higher on the College Board's Advanced Placement Program Exams for at least two of those courses.
(e) For each award year, the Secretary publishes a list of rigorous secondary school programs of study that the Secretary recognizes.
(Authority: 20 U.S.C. 1070a–1)
§ 691.17 Determination of eligible majors.
(a) Eligible major. For each award year, the Secretary identifies the eligible majors in the physical, life, or computer sciences, mathematics, technology, engineering, or, as determined under paragraph (b) of this section, critical foreign languages.
(b) Critical foreign languages. For each award year, the Secretary identifies the foreign languages that are critical to the national security of the United States after consulting with the Director of National Intelligence.
(c) Duration of eligible major. A major that ceases to be listed as an eligible major under paragraph (a) of this section for an award year remains an eligible major in subsequent award years for a student who pursues that major and receives a National SMART Grant in the award year in which the major was an eligible major.
(Authority: 20 U.S.C. 1070a–1)
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