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PRINTER'S NO. 103
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
111
Session of
2019
INTRODUCED BY HUGHES, BREWSTER, FONTANA, FARNESE, SANTARSIERO,
COSTA, BLAKE AND SCHWANK, JANUARY 30, 2019
REFERRED TO EDUCATION, JANUARY 30, 2019
AN ACT
Providing for the Promise Program and establishing the Promise
Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Promise Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Academic year." A 12-month period commencing on or after
August 1 of the calendar year.
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Community college." An institution created under Article
XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949, or the act of August 24, 1963
(P.L.1132, No.484), known as the Community College Act of 1963.
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"Eligible adult learner." An individual who:
(1) Is a resident of this Commonwealth at the time of
application to the agency for aid to assist with reeducation
programs under section 8.
(2) Has been a domiciled resident of this Commonwealth
as determined by the agency.
(3) Is 24 years of age or older at the time of
application to the agency for aid to assist with reeducation
programs under section 8.
(4) Has graduated from high school or an equivalent
approved by the Department of Education.
(5) Has applied for and been accepted to an institution
of higher education.
(6) Has completed a Free Application For Federal Student
Aid (FAFSA).
(7) Has applied for all available Federal Pell grants,
State grants and institution grants.
"Eligible student." An individual who:
(1) Is a resident of this Commonwealth at the time of
application to the agency for a scholarship under section 6
or 7.
(2) Has been a domiciled resident of this Commonwealth
as determined by the agency.
(3) Is less than 24 years of age or is an active member
of a branch of the armed services at the time of application
to the agency for a scholarship under section 6 or 7.
(4) Has graduated from high school or an equivalent
approved by the Department of Education within the previous
five years.
(5) Has applied for and been accepted to an institution
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of higher education.
(6) Has completed a Free Application For Federal Student
Aid (FAFSA).
(7) Has applied for all available Federal Pell grants,
State grants and institution grants.
"Fees." Fixed charges to recover costs of certain services,
materials or activities provided. Fees may not exceed the
highest fixed charges set by the Board of Governors of the State
System of Higher Education.
"Full-time student." An individual enrolled in an
undergraduate degree program at an institution of higher
education and registered for a minimum of 12 credits per
semester or equivalent enrollment as set by the agency.
"Fund." The Promise Fund established under section 5.
"Institution of higher education." Any of the following:
(1) A community college.
(2) A State-owned institution.
(3) A State-related institution.
(4) The Thaddeus Stevens College of Technology.
"Part-time student." An individual enrolled in an
institution of higher education and registered for less than 12
credits per semester or equivalent enrollment as set by the
agency.
"Program." The Promise Program established under section 3.
"Room and board." The standard educational expense allowance
for the most recent year as determined by the agency.
"State-owned institution." An institution which is part of
the State System of Higher Education under Article XX-A of the
Public School Code of 1949 and all branches and campuses of the
institution.
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"State-related institution." The Pennsylvania State
University, Pennsylvania College of Technology, University of
Pittsburgh, Temple University, Lincoln University and associated
branch campuses of the universities.
"Tuition." An amount not to exceed the maximum undergraduate
in-State tuition rate established by the Board of Governors of
the State System of Higher Education for rendering educational
services, as enumerated in Article XX-A of the Public School
Code of 1949. The agency, at its discretion, may increase the
maximum amount.
Section 3. Promise Program.
There is established within the agency a program to be known
as the Promise Program.
Section 4. Procedure.
(a) Agency.--The agency shall administer the program and be
responsible for carrying out this act.
(b) Regulations.--The agency may adopt rules and regulations
necessary to administer this act.
Section 5. Promise Fund.
(a) Fund.--A restricted receipts account shall be
established in the State Treasury and shall be known as the
Promise Fund.
(b) Administration of fund.--Money in the fund shall be
appropriated to the agency on an ongoing basis to carry out this
act.
(c) Contributions and investment.--The following apply:
(1) The fund may accept gifts, donations, legacies or
any other revenues.
(2) Interest earned by the fund shall remain in the
fund.
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(d) Purpose.--Money in the fund shall be used for the
purpose set forth in this act.
(e) Allocation.--The following shall apply:
(1) The agency shall distribute money from the fund to
eligible students in accordance with sections 6 and 7.
(2) The agency shall allocate money in the fund for
eligible adult learners:
(i) In accordance with section 8.
(ii) In the following amounts:
(A) For fiscal year 2019-2020, $12,500,000.
(B) For fiscal year 2020-2021, $25,000,000.
(C) For fiscal year 2021-2022, $40,000,000.
(D) For fiscal year 2022-2023 and each fiscal
year thereafter, $50,000,000.
(3) Beginning no later than the first full fiscal year
after the notice in section 10 is published and each fiscal
year thereafter, $50,000,000 shall be transferred by the
agency from the fund to the Department of Labor and Industry
to support and enhance apprenticeship programs across this
Commonwealth.
(4) Beginning no later than the first full fiscal year
after the notice in section 10 is published and each fiscal
year thereafter, no more than $50,000,000 shall be used by
the agency for matching funds through the agency's work study
program.
(5) Notwithstanding any provisions of law, uses of funds
made available under this section shall be determined by the
agency.
(f) Nonlapsing.--Money in the fund shall not lapse and shall
be available in subsequent fiscal years to be used in accordance
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with the provisions of this act.
(g) Administrative fees.--No more than 2% of the money in
the fund may be used to cover administrative costs. For purposes
of this section, administrative costs shall include marketing of
the program throughout this Commonwealth.
(h) Insufficient funds.--If during any year there are
insufficient funds available to provide scholarships or make the
transfers required under this section, the agency shall pro rate
the transfers and scholarships under sections 6 and 7.
Section 6. Scholarship for tuition and fees.
(a) Application.--The agency shall accept applications, in a
form and manner as determined by the agency, from eligible
students for tuition and fees.
(b) Scholarship at State-owned or State-related
institution.--An eligible student may receive a scholarship at a
State-owned institution or State-related institution for the
academic year in an amount not to exceed the outstanding tuition
and fees after Federal, State and institution grants have been
applied if the eligible student:
(1) has a total annual household income that does not
exceed $110,000; and
(2) is enrolled full-time.
(c) Scholarship at community colleges.--An eligible student
may receive a scholarship at a community college for the
academic year in an amount not to exceed the outstanding tuition
and fees after Federal, State and institution grants have been
applied if, at a minimum, the eligible student is enrolled full-
time.
(d) Review and approval.--
(1) The agency shall review all applications submitted
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under this section.
(2) The agency may approve an application if the
application meets the requirements under subsection (b) or
(c) and if the eligible student submitting the application
meets the requirements of this act.
(e) Distribution of scholarship.--Once an eligible student
has been approved for a scholarship for tuition and fees under
this section, the agency shall, upon receipt of an outstanding
balance from an institution of higher education, pay the
outstanding tuition and fee balance owed by the eligible student
directly to the institution of higher education.
(f) Limitation on scholarship.--Notwithstanding any
provision of this act to the contrary, the agency may not issue
any scholarship in excess of the outstanding balance for tuition
and fees received from an institution of higher education.
(g) Renewal.--
(1) A scholarship for tuition and fees awarded to an
eligible student shall not exceed one academic year.
(2) The agency shall create an application to allow
previously approved eligible students to recertify their
eligibility.
(3) An eligible student at a State-owned institution or
State-related institution who has not exceeded the limitation
in subsection (i) may reapply for the scholarship for tuition
and fees if the eligible student:
(i) Is enrolled full-time.
(ii) Is making satisfactory academic progress as
determined by the institution of higher education, unless
the eligible student is in the first year of college.
(iii) While attending a State-owned institution or
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State-related institution, has a total annual household
income that does not exceed $110,000.
(4) An eligible student at a community college who has
not exceeded the limitation in subsection (i) may reapply for
the scholarship for tuition and fees if the eligible student:
(i) Is enrolled full-time or part-time.
(ii) Is making satisfactory academic progress,
unless the eligible student is in the first year of
college.
(h) Continued eligibility.--An eligible student shall be
continuously enrolled in the institution of higher education for
the academic year which the eligible student received a
scholarship for tuition and fees. If the eligible student is not
continuously enrolled in the institution of higher education,
the agency, in its discretion, may deny renewal under subsection
(g).
(i) Limitation to scholarship.--
(1) An eligible student may not receive a scholarship
for tuition and fees if the eligible student:
(i) While attending a community college, the
eligible student has completed no more than four academic
years or has earned an associate's degree, except as
provided in paragraph (2).
(ii) While attending a State-owned institution or
State-related institution, the eligible student has
completed four academic years or has earned a bachelor's
degree.
(2) A student who is otherwise eligible for a
scholarship under this section may not be eligible for a
scholarship for tuition and fees if the local sponsor has not
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made the payment required under section 1913-A(a)(2) of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
(3) An eligible student may receive a scholarship for no
more than four academic years at an institution of higher
education.
Section 7. Scholarship for room and board.
(a) Application.--The agency shall accept applications, in a
form and manner as determined by the agency, from eligible
students who qualify under subsections (b) and (c).
(b) Scholarship at State-owned institution or State-related
institution.--An eligible student at a State-owned or State-
related institution may receive a need-based scholarship for
room and board for the academic year after Federal, State and
institution grants have been applied if the eligible student:
(1) has a total annual household income that does not
exceed $48,000; and
(2) is enrolled full-time.
(c) Scholarship at community college.--An eligible student
at a community college may receive a need-based scholarship for
room and board for the academic year after Federal, State and
institution grants have been applied if the eligible student:
(1) has a total annual household income that does not
exceed $48,000; and
(2) is enrolled full-time or part-time.
(d) Review and approval.--
(1) The agency shall review all applications submitted
under this section.
(2) The agency may approve an application if the
application meets the requirements under subsection (b) or
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(c) and if the eligible student meets the requirements of
this act.
(e) Distribution of scholarship at State-owned institution
or State-related institution.--If an eligible student has been
approved for a scholarship for room and board under subsection
(b), the agency shall, upon receipt of an outstanding balance
from the State-owned or State-related institution of higher
education, pay the outstanding balance for room and board owed
by the eligible student directly to the institution.
(f) Distribution of scholarship at community colleges.--If
an eligible student has been approved for a scholarship for room
and board under subsection (c), the agency shall pay a
scholarship for room and board in a manner decided by the
agency.
(g) Limitation on scholarship.--
(1) Except as provided in paragraph (2) and
notwithstanding any provision of this act to the contrary,
the agency may not issue a scholarship for room and board in
excess of the outstanding balance received from a State-owned
institution or State-related institution.
(2) The agency may issue a scholarship for room and
board in excess of the outstanding balance received from a
community college.
(3) A student who is otherwise eligible for a
scholarship under this section may not be eligible for a
scholarship for tuition and fees if the local sponsor as
defined under section 1901-A(2) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, has
not made the payment required under section 1913-A(a)(2) of
the Public School Code of 1949.
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(h) Renewal.--
(1) A scholarship for tuition and fees awarded to an
eligible student shall not exceed one academic year.
(2) The agency shall create an application to allow
previously approved eligible students to recertify the
eligible student's eligibility.
(3) An eligible student who has not exceeded the
limitation in subsection (j) may reapply for the scholarship
for room and board if the student is enrolled full-time at a
State-owned institution or State-related institution or is
enrolled full-time or part-time at a community college and:
(i) is making satisfactory academic progress, unless
the eligible student is in the first year of college; and
(ii) has a total annual household income that does
not exceed $48,000.
(i) Continued eligibility.--An eligible student shall be
continuously enrolled in the institution of higher education for
the academic year for which the eligible student received a
scholarship for room and board. If an eligible student is not
continuously enrolled in the institution of higher education,
the agency, in its discretion, may deny renewal under subsection
(h).
(j) Limitation to eligibility.--
(1) An eligible student may not receive a scholarship
for room and board if the eligible student:
(i) Except as provided in paragraph (2) has
completed four academic years or has earned an
associate's degree while attending a community college.
(ii) Has completed four academic years or has earned
a bachelor's degree while attending a State-owned
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institution or State-related institution.
(2) An eligible student may receive a scholarship for
two academic years at a State-owned institution or State-
related institution if eligibility under paragraph (1)(i) has
been exhausted.
Section 8. Eligibility for adult reeducation.
(a) Application.--The agency shall accept applications, in a
form and manner as determined by the agency, from an eligible
adult learner for aid to assist with education expenses.
(b) Eligibility.--An eligible adult learner may receive
assistance for aid for adult reeducation programs for the
academic year the eligible adult learner:
(1) has a total annual household income that does not
exceed $110,000; and
(2) has applied for and been accepted into an adult
reeducation program or adult reeducation certificate program,
or is enrolled full time or part time in an institution of
higher education.
(c) Pennsylvania Targeted Industry Cluster Certificate
Scholarship Program.--Notwithstanding any provisions of law, the
agency may use money allocated for adult reeducation for the
Pennsylvania Targeted Industry Cluster Certificate Scholarship
Program.
(d) Review and approval.--
(1) The agency shall review all applications submitted
under this section.
(2) The agency may approve an application if the
application meets the requirements under subsection (b) and
if the eligible adult learner meets the requirements of this
section.
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(e) Priority.--When reviewing an application for aid under
this section, the agency shall prioritize aid for programs that
lead to an industry-recognized credential that is articulated
with college credit. The agency shall annually determine and
post on its publicly accessible Internet website industry-
recognized credentialed programs which qualify for aid priority
under this section.
(f) Distribution of aid.--If an eligible adult learner has
been approved for aid under this section, the agency shall, upon
receipt of an outstanding balance from an institution of higher
education, pay the outstanding balance owed by an adult learner
directly to the institution of higher education.
(g) Limitation on aid.--Notwithstanding any provision of
this act, the agency may not issue any aid in excess of the
outstanding balance received from an institution of higher
education.
(h) Renewal.--
(1) Aid awarded to an eligible adult learner shall not
exceed one academic year.
(2) The agency shall create an application to allow
previously approved eligible adult learners to recertify
their eligibility.
(3) An eligible adult learner who has not exceeded the
limitation in subsection (i) may reapply for aid if:
(i) Enrolled as a full-time or part-time student at
an institution of higher education or a certificate
program approved by the agency.
(ii) Total annual household income does not exceed
$110,000.
(i) Limitation to eligibility.--An eligible adult learner
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may not receive aid if the eligible adult learner:
(1) Has:
(i) completed no more than four academic years while
attending a community college;
(ii) earned an associate's degree while attending a
community college; or
(iii) completed an industry-recognized credential
for which the eligible adult learner was enrolled in
order to qualify for aid.
(2) Has completed:
(i) four academic years or has earned a bachelor's
degree while attending a State-owned institution or
State-related institution; or
(ii) industry-recognized credential for which the
eligible adult learner was enrolled in order to qualify
for aid.
Section 9. Annual report.
Beginning one year after the first scholarship is awarded
under this act, the agency shall provide the Governor and the
chairperson and minority chairperson of the Appropriations
Committee of the Senate, the chairperson and minority
chairperson of the Appropriations Committee of the House of
Representatives, the chairperson and minority chairperson of the
Education Committee of the Senate and the the chairperson and
minority chairperson of Education Committee of the House of
Representatives with a report which includes the following:
(1) The total number of students served by the program.
(2) A breakdown by race, gender, ethnicity and
socioeconomic demographic for all students served by the
program, if known.
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(3) The total number of scholarships awarded and the
average amount awarded.
(4) A year-over-year comparison of the net total costs
at all institutions of higher education in this Commonwealth
which shall be used to evaluate the adequacy and success of
the program in lowering college costs.
(5) Recommendations, if any, for improving access and
affordability of higher education.
(6) Any other information.
Section 10. Notice.
The Secretary of the Commonwealth shall transmit notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin when the General Assembly appropriates
money necessary to effectuate this act.
Section 11. Effective date.
This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) Section 10.
(2) The remainder of this act shall take effect upon
publication of the notice under section 10.
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