2007 California Education Code Article 3. The Cal Grant Program

CA Codes (edc:69530-69547.9)

69530.  The Legislature finds and declares all of the following:
   (a) The enactment of the Pell Grant Program requires substantial
changes in current state student aid programs if state programs are
to effectively supplement federal student assistance.
   (b) The entire student aid system, due to a proliferation of
programs, has resulted in substantial confusion and inefficiencies.
   (c) One statewide student assistance program supplementary to the
Pell Grant Program would increase simplicity and effectiveness.  The
most appropriate program for this purpose is the Cal Grant Program.



69531.  There is hereby established a state educational opportunity
grant program, which shall be known as the  Cal Grant Program.



69532.  Cal Grant Program awards shall be known as "Cal Grant A
awards," "Cal Grant B awards," "Cal Grant C awards," and "Cal Grant T
awards."  The maximum award in each category shall be determined in
the annual Budget Act.
   (a) Cal Grant A awards shall be used only for tuition and student
fees in an instructional program of no less than two academic years.
Commencing as soon as feasible, but no later than the award cycle
that provides awards for the 1999-2000 academic year, the eligibility
criteria for first-time Cal Grant award recipients who are community
college students and transfer to a four-year college or university
shall be no more stringent than the eligibility criteria for other
first-time Cal Grant award recipients attending a four-year college
or university.
   (b) Cal Grant B awards shall be used only for tuition, student
fees, and subsistence costs in an instructional program of no less
than one academic year.  Subsistence costs are living expenses,
transportation, supplies, and books.  Commencing as soon as feasible,
but no later than the award cycle that provides awards for the
1999-2000 academic year, the eligibility criteria for first-time Cal
Grant award recipients who are community college students and
transfer to a four-year college or university shall be no more
stringent than the eligibility criteria for other first-time Cal
Grant award recipients attending a four-year college or university.
   (c) Cal Grant C awards shall be used only for occupational or
technical training in a course of no less than four months.  There
shall be a minimum of 1,570 new Cal Grant C awards each year.
   (d) Cal Grant T awards shall be used only for tuition and student
fees for a maximum of one academic year of full-time attendance in a
program of professional preparation that has been approved by the
Commission on Teacher Credentialing.  There shall be a minimum of
3,000 new Cal Grant T awards each year.  As a condition of receiving
a Cal Grant T award, a recipient shall teach for one year in a
high-priority school as defined in subdivision (c) of Section 44765
for each two thousand dollar (,000) incentive provided pursuant to
Section 69532 through the Cal Grant T Program, for a period not to
exceed four years.  Any recipient who fails to meet his or her
teaching obligation shall repay the Cal Grant T award.
   (e) The California Student Aid Commission shall evaluate the Cal
Grant T Award program from its inception to determine, of the total
number of recipients, the number of recipients who become employed as
public school teachers.  This evaluation shall be reported on an
annual basis to the Governor and the Legislature beginning July 1,
2001.


69532.5.  The Budget required by the State Constitution to be
submitted by the Governor  at each regular session of the Legislature
shall take into consideration the amount of federal funds available
through State Student Incentive Grants for the Cal Grant awards.




69533.  Cal Grant awards authorized pursuant to Section 69532 shall
be defined as full-time equivalent grants. Awards to part-time
students shall be a fraction of a full-time grant, as determined by
the commission.


69534.1.  (a) The Student Aid Commission shall authorize the use of
standardized student financial aid application forms for California.
These forms shall be simple in nature and collect common data
elements required by the federal government and those elements needed
to meet the objectives of state-funded and institutional financial
aid programs.
   (b) These forms shall be utilized for the Cal Grant Program, all
other programs funded by the state or a public institution of
postsecondary education (except for the Board of Governors' Financial
Assistance Program authorized by Chapter 1118 of the Statutes of
1987, for which a simplified form designed for that sole purpose may
be used), and all federal programs administered by a public
postsecondary education institution.
   (c) Supplemental forms may be utilized if the forms are essential
to accomplishing the objectives of individual programs.  All
supplemental forms utilized by public postsecondary educational
institutions shall be subject to approval by the commission, and
forms shall be identical for programs with similar objectives, as
determined by the commission.
   (d) Public postsecondary institutions are encouraged to, but may
decide whether to, use the standard application forms for funds
provided by private donors.
   (e) The Legislature finds and declares that it is in the best
interest of students that all postsecondary education institutions in
California participating in federal and state-funded financial aid
programs accept the standard application forms authorized by the
Student Aid Commission.


69534.3.  Nothing in this article shall prevent an individual public
postsecondary institution from processing, with its own staff and
fiscal resources, the standard financial aid application forms
specified in Section 69534.1 for student aid programs for which it
has legal responsibility.



69534.4.  The Student Aid Commission may enter into contracts with a
public agency or a private entity to improve the processing and
distribution of grants, fellowships, and loans through the use of
electronic networks and unified data bases.




69535.  (a) Cal Grant Program awards shall be based upon the
financial need of the applicant. The level of financial need of each
applicant shall be determined by the commission pursuant to Article
1.5 (commencing with Section 69503).
   (b) For the applicants so qualifying, academic criteria or
criteria related to past performances shall be utilized as the
criteria in determining eligibility for grants.
   (c) All Cal Grant Program award recipients shall be residents of
California, as determined by the commission pursuant to Part 41
(commencing with Section 68000), and shall remain eligible only if
they are in attendance and making satisfactory progress through the
instructional programs, as determined by the commission.
   (d) Part-time students shall not be discriminated against in the
selection of Cal Grant Program award recipients, and awards to
part-time students shall be roughly proportional to the time spent in
the instructional program, as determined by the commission.
First-time Cal Grant Program award recipients who are part-time
students shall be eligible for a full-time renewal award.
   (e) Cal Grant Program awards shall be awarded without regard to
age or the characteristics listed in Section 66270.
   (f) No applicant shall receive more than one type of Cal Grant
Program award concurrently. Except as provided in subdivisions (b)
and (c) of Section 69535.1, no applicant shall:
   (1) Receive one or a combination of Cal Grant Program awards in
excess of a total of four years of full-time attendance in an
undergraduate program.
   (2) Have obtained a baccalaureate degree prior to receiving a Cal
Grant Program award, except as provided in Section 69540.
   (g) Cal Grant Program awards, except as provided in subdivision
(c) of Section 69535.1, may only be used for educational expenses of
a program of study leading directly to an undergraduate degree or
certificate, or for expenses of undergraduate coursework in a program
of study leading directly to a first professional degree, but for
which no baccalaureate degree is awarded.
   (h) Commencing in 1999, the commission shall, for students who
accelerate college attendance, increase the amount of award
proportional to the period of additional attendance resulting from
attendance in classes that fulfill requirements or electives for
graduation during summer terms, sessions, or quarters. In the
aggregate, the total amount a student may receive in a four-year
period may not be increased as a result of accelerating his or her
progress to a degree by attending summer terms, sessions, or
quarters.
   (i) The commission shall notify Cal Grant award recipients of the
availability of funding for the summer term, session, or quarter
through prominent notice in financial aid award letters, materials,
guides, electronic information, and other means that may include, but
not be limited to, surveys, newspaper articles, or attachments to
communications from the commission and any other published documents.

   (j) The commission may provide by appropriate rules and
regulations for reports, accounting, and statements from the award
winner and college or university of attendance pertaining to the use
or application of the award as the commission may deem proper.
   (k) The commission may establish Cal Grant Program awards in one
hundred dollar (0) increments.
   (l) A Cal Grant Program award may be utilized only at the
following institutions or programs:
   (1) Any California private or independent postsecondary
educational institution or program that participates in two of the
three federal campus-based student aid programs and whose students
participate in the Pell Grant program.
   (2) Any nonprofit regionally accredited institution headquartered
and operating in California that certifies to the commission that 10
percent of the institution's operating budget, as demonstrated in an
audited financial statement, is expended for the purposes of
institutionally funded student financial aid in the form of grants
and that demonstrates to the commission that it has the
administrative capacity to administer the funds.
   (3) Any California public postsecondary educational institution or
program.



69535.1.  (a) Cal Grant A awards and Cal Grant B awards may be
renewed for a total of four years of full-time attendance in an
undergraduate program provided that financial need continues to
exist.  Commencing with the 1989 -90 academic year, the total number
of years of eligibility for grants pursuant to this section shall be
based on the student's educational level in his or her course of
study as designated by the institution of attendance when the
recipient initially receives payment for a grant.
   (b) For a student enrolled in an institutionally prescribed
five-year undergraduate program, Cal Grant A awards and Cal Grant B
awards may be renewed for a total of five years of full-time
attendance, provided that financial need continues to exist.
   (c) Cal Grant Program award recipients who have completed a
baccalaureate degree and who have been admitted to and are enrolled
in a program of professional teacher preparation at an institution
approved by the California Commission on Teacher Credentialing are
eligible for renewal of a Cal Grant Program award for an additional
year of full-time attendance, if financial need continues to exist.
   Payment for this additional year is limited to only those courses
required for an initial teaching authorization.  Awards under this
section may not be used for other courses.
   This section applies to those students who complete a
baccalaureate degree in or after 1989.  A student's Cal Grant renewal
eligibility shall not have lapsed more than 15 months prior to the
payment of an award for purposes of this section.



69535.5.  The Student Aid Commission may determine that an advanced
payment is essential to assure that funds provided pursuant to this
chapter to assist students to enroll in postsecondary education are
available at the time students enroll.  Upon making that
determination, the Student Aid Commission may, based on institutional
academic calendars, advance per term to authorized postsecondary
educational institutions the funds for eligible students who have
indicated they will attend those institutions less an amount based on
historical claim enrollment attrition information.  Each institution
shall disburse the funds in accordance with the provisions set forth
in the Institutional Agreement between the Student Aid Commission
and the institution.



69537.  An individual selected for a Cal Grant A award who enrolls
in a California community college may elect to have the award held in
trust for him or her for a period not to exceed two academic years,
except that the commission may extend the period in which his or her
award may be held in trust for up to three academic years if, in the
commission's judgment, the student's rate of academic progress has
been as rapid as could be expected in light of the personal and
financial conditions that the student has encountered.  The
commission shall, in that case, hold the award in trust, to be
granted to the award winner upon receipt of his or her request
therefor within that period, provided that at the time of making the
request he or she meets all of the requirements of this chapter.
Upon receipt of the request the commission shall assess or reassess
the financial needs of the award winner.  The commission may
prescribe the forms and procedures to be utilized for the purposes of
this section.  The commission may award to another eligible
individual any award being so held in trust, subject to this section
and any other conditions and restrictions that may be imposed by the
commission, to the end that all authorized awards are being
continually utilized.  Following the first year for which any Cal
Grant award is made, the awards shall be included in the number of
the continuing awards available for any year and not the authorized
new awards for the year.



69538.  (a) To be eligible for a Cal Grant B award, the applicant
shall be a disadvantaged student under criteria to be established by
the commission, which shall take into consideration those financial,
educational, cultural, language, home, community, environmental, and
other conditions that hamper access to and persistence in
postsecondary programs.
   (b) The Legislature recognizes that the role of the community
colleges, as the least expensive level of California higher
education, is a crucial role in increasing the higher education
opportunities for disadvantaged students, and it is the intent of the
Legislature that the additional opportunities for higher education
provided pursuant to this section shall be initiated primarily on the
public community college level.
   (c) Regarding the intent that the additional opportunities for
higher education provided under this section be initiated primarily
on the public community college level, the commission shall continue
to allocate Cal Grant B awards as they were allocated up to and
including the 1997-98 academic year.
   (d) Awards under this section shall be for subsistence costs.  The
commission may also award these grants and an additional amount to
pay tuition and fees to attend college at a public or private
four-year college or university or other eligible postsecondary
educational institution.  No more than 2 percent of new recipients
enrolling for the first time in an institution of postsecondary
education shall be eligible for tuition payments and fees in their
first academic year of attendance.
   (e) An individual selected for a Cal Grant B award who enrolls in
a public community college in his or her first year of attendance,
and who is determined to be financially ineligible for renewal of the
award in the second year of attendance at a public community college
but would be financially eligible for renewal, if he or she had
elected to attend a four-year college, may elect to have the award
held in trust for a period not to exceed two academic years, except
that the commission may extend the period in which the award is held
in trust for up to three academic years, if, in the commission's
judgment, the individual's rate of academic progress has been as
rapid as could be expected for the personal and financial conditions
that the individual has encountered.  The commission shall, in this
case, hold the award in trust, to be granted to the individual upon
receipt of his or her request therefor within that period, provided
that at the time of making the request the individual meets all the
requirements of this chapter.  Upon receipt of the request, the
commission shall assess or reassess the financial needs of the
individual.  The commission may prescribe the forms and procedures to
be utilized for the purposes of this section.  The commission may
award to another eligible individual any award being so held in
trust, subject to the provisions of this section and any other
conditions and restrictions that may be imposed by the commission, to
the end that all authorized awards are continually being utilized.
Following the first year for which any award is made, the awards
shall be included in the number of the continuing awards available
for any year and not the authorized new awards for the year.



69539.  (a) A Cal Grant C award shall be utilized for occupational
or technical training.
   (b) "Occupational or technical training" means that phase of
education coming after the completion of a secondary school program
and leading toward recognized occupational goals approved by the
commission.
   (c) The commission may use criteria it deems appropriate in
selecting students with occupational talents to receive grants for
occupational or technical training.
   (d) The Cal Grant C recipients shall be eligible for renewal of
their grants until they have completed their occupational or
technical training in conformance with terms prescribed by the
commission. In no case shall the grants exceed two calendar years.
   (e) Cal Grant C awards shall be for institutional fees, charges,
and other costs, including tuition, plus training-related costs, such
as special clothing, local transportation, required tools,
equipment, supplies, and books.  In determining the amount of grants
and training-related costs, the commission shall take into account
other state and federal programs available to the applicant.
   (f) Cal Grant C awards shall be awarded in areas of occupational
or technical training as determined by the commission after
consultation with appropriate state and federal agencies.



69540.  (a) Students who have completed a baccalaureate degree and
who have been admitted to a program of professional teacher
preparation at an institution approved by the California Commission
on Teacher Credentialing are eligible to receive a Cal Grant T award
for the equivalent of one year of full-time attendance.  Payment for
this additional year is limited to only those courses required for an
initial teaching authorization.  An award under this section may not
be used for other courses.
   (b) The commission shall allocate Cal Grant T awards using
academic criteria or criteria related to past performance similar to
that used in awarding Cal Grant A awards.



69541.  (a) The Student Aid Commission, to the extent funds are
appropriated for the purposes of this section in the annual Budget
Act, shall provide a supplemental grant equal to two thousand eight
hundred dollars (,800) to recipients of Cal Grant awards who
fulfill the following requirements:
   (1) The person has been declared a dependent or ward of the court
pursuant to Section 300 or Section 602 of the Welfare and
Institutions Code.
   (2) The person, within the 60-day period immediately prior to his
or her 18th birthday, had a permanent plan of long-term foster care
or guardianship.
   (3) The person received aid pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
   (b) The State Department of Social Services shall enter into an
interagency agreement with the Student Aid Commission to allocate
funds to the commission appropriated in the Budget Act for the
purposes of this section.



69544.  The commission from time to time shall adopt such rules and
regulations as it may determine, not in conflict with this chapter,
as may be necessary or appropriate for effectuating the provisions of
this chapter.


69545.  If any section, subdivision, sentence, clause or phrase of
this chapter is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this chapter.  The Legislature hereby declares that it would have
passed this chapter, and each section, subdivision, sentence, clause
or phrase thereof, irrespective of the fact that any one or more of
the sections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.



69546.  The Student Aid Commission shall each year recommend to the
Legislature concerning the allocation of funds from the federal state
student incentive grant program and the programs authorized in
subdivisions (a), (b), and (c) of Section 69532.




69546.5.  The Student Aid Commission shall allocate federal and
state student incentive grant funds among the Cal Grant A, B, and C
programs.


69547.  As used in this division, "part-time student" means a
student who is enrolled in not less than one-half of the course load
of a full-time student as determined by the commission.



69547.5.  Commencing on January 1, 2001, this article shall be
applicable only to students who have received an award pursuant to
this article on or before December 31, 2000.



69547.9.  This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.