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                                                       PRINTER'S NO. 193

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 192 Session of 2003


        INTRODUCED BY BOSCOLA, RHOADES, LOGAN, KITCHEN, MUSTO, KASUNIC,
           O'PAKE, KUKOVICH, COSTA AND WOZNIAK, FEBRUARY 5, 2003

        REFERRED TO EDUCATION, FEBRUARY 5, 2003

                                     AN ACT

     1  Providing for academic excellence scholarships for persons
     2     entering a college or university within this Commonwealth.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Academic
     7  Excellence Scholarship Program Act.
     8  Section 2.  Purpose.
     9     The purpose of this act is to reward educational excellence
    10  and provide an incentive to Pennsylvania students to pursue
    11  higher education.
    12  Section 3. Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Agency."  The Pennsylvania Higher Education Assistance
    17  Agency (PHEAA).
    18     "Approved educational institution."  A postsecondary

     1  educational institution located in this Commonwealth that is
     2  authorized to provide approved courses of study and grant
     3  degrees, and has been approved by the Pennsylvania Higher
     4  Education Assistance Agency as an institution in which students
     5  may enroll to participate in the Academic Excellence Scholarship
     6  Program.
     7     "Program."  The Academic Excellence Scholarship Program
     8  established under section 4.
     9     "Student."  A school-age resident of this Commonwealth who
    10  attends or is about to attend a secondary school or
    11  postsecondary educational institution located in this
    12  Commonwealth and whose annual family income does not exceed
    13  $250,000.
    14     "Work requirement."  Postgraduate, full-time employment with
    15  an employer located in this Commonwealth. The term does not
    16  include a paid student internship, a paid fellowship, volunteer
    17  service or employment before graduation.
    18  Section 4.  Academic Excellence Scholarship Program.
    19     (a)  Establishment of program.--There is hereby established
    20  the Academic Excellence Scholarship Program within the agency.
    21     (b)  Issuance of program grants.--
    22         (1)  The agency may provide scholarship grants to not
    23     more than 1,000 students. If more than 1,000 students apply,
    24     a lottery system shall be employed. The grants may be issued
    25     to students only upon confirmation from approved educational
    26     institutions that the students have enrolled full time
    27     immediately following their high school graduation.
    28         (2)  Scholarship grants shall be for the amount set forth
    29     in section 5(a) and shall only be used for tuition and
    30     mandatory fees.
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     1         (3)  The program grants shall be awarded solely on the
     2     basis of merit and without regard to need.
     3     (c)  Eligibility.--To receive a scholarship grant under this
     4  section, a student shall meet all of the following requirements:
     5         (1)  Maintenance of Pennsylvania residency during the
     6     term of the scholarship grants.
     7         (2)  Graduation within the top five percent from a high
     8     school in this Commonwealth. The student must have attended a
     9     public or private high school within this Commonwealth during
    10     the junior and senior years.
    11         (3)  High school grade point average of 95%.
    12         (4)  Scholastic Achievement Test score must be no less
    13     than 1400.
    14         (5)  Maintenance of a grade point average of 3.0 or
    15     higher, on a scale of 4.0, or its equivalent, beginning with
    16     the first semester of the freshman year and through the term
    17     of the scholarship grant.
    18         (6)  Enter into a written agreement with the agency to:
    19             (i)  Satisfy all degree requirements for graduation
    20         unless the agency determines that there are extenuating
    21         circumstances.
    22             (ii)  Commence employment in this Commonwealth within
    23         one year after completion of an undergraduate degree for
    24         a period of two years.
    25             (iii)  Reimburse the Commonwealth all amounts
    26         received under this act and interest thereon, as
    27         determined by the agency, if the student fails to comply
    28         with subparagraph (i).
    29             (iv)  Reimburse the Commonwealth 50% of the amount
    30         received under this act and interest thereon, as
    20030S0192B0193                  - 3 -     

     1         determined by the agency, if the student fails to comply
     2         with subparagraph (ii).
     3     (d)  Application.--A student must apply to the agency for a
     4  scholarship grant as prescribed by the agency, to include the
     5  provision of all information and documentation required by the
     6  agency. The application of a student under 18 years of age must
     7  include the signature of a parent or guardian. The application
     8  must include a verified statement of grade point average from
     9  the appropriate educational institution.
    10     (e)  Work requirement.--The work requirement under subsection
    11  (c)(5)(ii) shall begin after the receipt of bachelor's degree
    12  from an approved educational institution.
    13     (f)  Termination.--If a student who has received a
    14  scholarship grant under this act terminates enrollment in the
    15  approved educational institution during the academic year or
    16  prior to completion, the approved education institution shall
    17  notify the agency in writing and shall return all unused
    18  portions of the scholarship grant. Returned amounts shall be
    19  used to fund other scholarship grants under this act.
    20     (g)  Transfer.--A scholarship grant may only be transferrable
    21  to another educational institution if approved by the agency.
    22     (h)  Limitation.--Scholarship grants shall be paid from funds
    23  appropriated for that purpose. First priority for awarding
    24  scholarship grants shall be given to renewal applicants.
    25  Thereafter, scholarship grants shall be awarded on a first-come-
    26  first-served basis.
    27  Section 5.  Academic Excellence Scholarships.
    28     (a)  Amount of grants.--The agency shall issue scholarship
    29  grants under this act, which grants may be referred to as
    30  Academic Excellence Scholarship in the amount of $5,000 per
    20030S0192B0193                  - 4 -     

     1  academic year, to a student enrolled full time in an approved
     2  educational institution pursuing a bachelor's degree. The
     3  student shall take at least 12 semester hours, or its
     4  equivalent.
     5     (b)  Term of grant.--The scholarship grant shall be for a
     6  maximum of four consecutive academic years.
     7     (c)  Exception.--If the student fails to meet the GPA
     8  requirements during a semester and is denied scholarship grant
     9  money, the student may reapply the following year for a second
    10  chance program grant and shall continue at the student's expense
    11  for the next year. If the student earns 3.0 at the end of that
    12  year, the student may reapply for the remaining years. If the
    13  student does not obtain a GPA of 3.0 or higher within the year
    14  following dismissal from the program, the student may not
    15  reapply.
    16  Section 6.  Administration.
    17     (a)  Verification.--The agency shall monitor and verify a
    18  student's fulfillment of all the work requirements under this
    19  act.
    20     (b)  Enforcement.--The agency shall enforce repayment of all
    21  scholarship grants for a student who does not comply with the
    22  provisions of this act, to include use of all lawful collection
    23  procedures and the use of private collection agencies.
    24     (c)  Exclusion from taxation.--Scholarship grants received by
    25  a student shall not be considered taxable income for purposes of
    26  Article III of the act of March 4, 1971 (P.L.6, No.2), known as
    27  the Tax Reform Code of 1971.
    28     (d)  Financial assistance.--Scholarship grants received by a
    29  student shall not be considered financial assistance or
    30  appropriations to the approved education institution.
    20030S0192B0193                  - 5 -     

     1     (e)  Appeals.--The provisions of this act shall be subject to
     2  2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
     3  Commonwealth agencies).
     4     (f)  Regulations.--The agency shall adopt regulations and
     5  procedures necessary to carry out the purposes of this act.
     6  Section 7.  Effective date.
     7     This act shall take effect July 1, 2003, or immediately,
     8  whichever is later.















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