2005 California Education Code Sections 94215-94216.11 Article 9. Grants

94215.  The authority shall have power to make grants in aid to any
private college in accordance with an agreement between the authority
and a private college.
94215.3.  Grants may be made to enable a private college to provide
a program of academic assistance and services to pupils attending a
qualified school, as defined in Section 94215.9, in order to inform
the pupils of the benefits of, and the requirements for, higher
education; prepare these pupils for college entrance; or to provide
programs, such as academic enrichment and mentoring programs, that
advance the academic standing of those pupils.  The Legislature finds
and declares that these grants will provide a benefit to the
residents of the state.
94215.5.  The authority is authorized to incur necessary expenses,
payable from available funds, to provide grants for the purposes of
this article, and the funds provided by the private college may be
fully or partly matched by funds provided by the authority.
94215.7.  (a) The authority, in consultation with representatives of
private colleges, qualified schools, and other appropriate parties,
shall develop selection criteria and a process for awarding grants
under this article, which shall include all of the following:
   (1) The extent to which the program to be funded will provide
academic assistance, guidance in college admissions, or will
otherwise contribute to the expansion of postsecondary educational
opportunities for low- and very low income students.
   (2) The extent to which the program, if it is already in
existence, has a demonstrated record of success in providing academic
assistance, guidance in college admissions, or in otherwise
expanding the educational opportunities of students.
   (3) If the program to be funded is new, the extent to which the
applicant has demonstrated that the program is feasible, ready to be
implemented, and well-structured to provide academic assistance,
guidance in college admissions, or to expand the educational
opportunities of students at qualified schools.
   (4) The extent to which the program will serve qualified schools
in geographic areas that are not currently being served by similar
programs.
   (5) The extent to which the applicant has demonstrated its
commitment to providing need-based financial assistance to students
who otherwise could not afford to attend the applicant's institution.
   (6) The extent to which the applicant has committed its own funds,
or funds obtained from other sources, to the program.
   (7) The total amount of funds appropriated and available for
purposes of this section.
   (b) In no event shall a grant to finance a program exceed the
total cost of the program, as determined by the applicant and
approved by the authority.  Grants shall be awarded only to
applicants that have certified to the authority that all requirements
established by the authority for grantees have been met.  The
authority shall not award more than a total of two million dollars
($2,000,000) in grants under this article, nor shall it award more
than two hundred fifty thousand dollars ($250,000) to any applicant.
   (c) All programs that are awarded grants shall be implemented
within a reasonable period of time, to be determined by the
authority.  The authority shall not release any funds until the
applicant demonstrates, to the authority's satisfaction, that the
program is ready to be implemented.  If the authority determines that
the applicant has failed to implement the program under the terms
specified in awarding the grant, the authority may require remedies,
including the return of all or a portion of the grant.
   (d) Any applicant receiving a grant under this section shall
commit to using the grant funds for the purposes for which the grant
was awarded.
94215.9.  For purposes of this article, "qualified school" means any
comprehensive school providing instruction in any of grades 7 to 12,
inclusive, as determined by the authority, which shall take into
consideration whether the school is in a low- or very low income area
and whether, where applicable, the percentage of pupils who graduate
from the school and are eligible for admission to the California
State University or the University of California is below the
statewide average according to the most recent information from the
California Postsecondary Education Commission.
94216.  Commencing with the 2004 calendar year, the authority shall
annually submit to the Legislature a report setting forth the amount
of funds awarded pursuant to this article in the preceding calendar
year, the amount of each grant awarded, and a description of each of
the outreach programs to which funding has been awarded under this
article.
94216.9.  The authority may adopt regulations to implement the grant
program described in this article as emergency regulations in
accordance with the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).  The adoption of
any emergency regulation pursuant to this section filed with the
Office of Administrative Law on or before July 1, 2003, shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, any emergency regulation adopted pursuant to this
section shall remain in effect for no more than 360 days.
94216.11.  This article shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.