2013 Indiana Code
TITLE 21. HIGHER EDUCATION
ARTICLE 12. GENERAL SCHOLARSHIPS AND GRANTS
CHAPTER 3. HIGHER EDUCATION AWARDS
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IC 21-12-3
Chapter 3. Higher Education Awards
IC 21-12-3-1 Version a
Eligibility for awards
Note: This version of section effective until 9-1-2013. See also
following version of this section, effective 9-1-2013.
Sec. 1. (a) An applicant is eligible for a first year higher education
award under this chapter if the student meets the following
requirements:
(1) The applicant is a resident of Indiana, as defined by the
commission.
(2) The applicant:
(A) has successfully completed the program of instruction at
an approved secondary school;
(B) has been granted a:
(i) high school equivalency certificate before July 1, 1995;
or
(ii) state of Indiana general educational development
(GED) diploma under IC 20-10.1-12.1 (before its repeal),
IC 20-20-6 (before its repeal), or IC 22-4.1-18; or
(C) is a student in good standing at an approved secondary
school and is engaged in a program that in due course will be
completed by the end of the current academic year.
(3) The financial resources reasonably available to the
applicant, as defined by the commission, are such that, in the
absence of a higher education award under this chapter, the
applicant would be deterred from completing the applicant's
education at the approved postsecondary educational institution
that the applicant has selected and that has accepted the
applicant. In determining the financial resources reasonably
available to an applicant to whom IC 21-18.5-4-8 applies, the
commission must consider the financial resources of the
applicant's legal parent.
(4) The applicant will use the award initially at that approved
postsecondary educational institution.
(5) If the student is already enrolled in an approved
postsecondary educational institution, the applicant must be a
full-time student and be making satisfactory progress, as
determined by the commission, toward a first baccalaureate
degree.
(6) The student declares, in writing, a specific educational
objective or course of study and enrolls in:
(A) courses that apply toward the requirements for
completion of that objective or course of study; or
(B) courses designed to help the student develop the basic
skills that the student needs to successfully achieve that
objective or continue in that course of study.
(b) This subsection applies to an individual who:
(1) meets the requirements set forth in subsection (a); and
(2) before the date that eligibility is determined by the
commission, has been placed by or with the consent of the
department of child services, by a court order, or by a licensed
child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home.
The commission shall consider an individual to whom this subsection
applies as a full-need student under the commission's rules when
determining the eligibility of the individual to receive financial aid
administered by the commission under this chapter.
As added by P.L.2-2007, SEC.253. Amended by P.L.168-2007,
SEC.6; P.L.7-2011, SEC.12; P.L.107-2012, SEC.16.
IC 21-12-3-1 Version b
Eligibility for awards
Note: This version of section effective 9-1-2013. See also
preceding version of this section, effective until 9-1-2013.
Sec. 1. (a) An applicant is eligible for a first year higher education
award under this chapter if the student meets the following
requirements:
(1) The applicant is a resident of Indiana, as defined by the
commission.
(2) The applicant:
(A) has successfully completed the program of instruction at
an approved secondary school;
(B) has been granted a:
(i) high school equivalency certificate before July 1, 1995;
or
(ii) state of Indiana general educational development
(GED) diploma under IC 20-10.1-12.1 (before its repeal),
IC 20-20-6 (before its repeal), or IC 22-4.1-18; or
(C) is a student in good standing at an approved secondary
school and is engaged in a program that in due course will be
completed by the end of the current academic year.
(3) The financial resources reasonably available to the
applicant, as defined by the commission, are such that, in the
absence of a higher education award under this chapter, the
applicant would be deterred from completing the applicant's
education at the approved postsecondary educational institution
that the applicant has selected and that has accepted the
applicant. In determining the financial resources reasonably
available to an applicant to whom IC 21-18.5-4-8 applies, the
commission must consider the financial resources of the
applicant's legal parent.
(4) The applicant will use the award initially at that approved
postsecondary educational institution.
(5) If the student is already enrolled in an approved
postsecondary educational institution, the applicant must be a
full-time student and be making satisfactory progress, as
determined by the commission, toward a first baccalaureate
degree.
(6) The student declares, in writing, a specific educational
objective or course of study and enrolls in:
(A) courses that apply toward the requirements for
completion of that objective or course of study; or
(B) courses designed to help the student develop the basic
skills that the student needs to successfully achieve that
objective or continue in that course of study.
(7) The student is not eligible to receive a twenty-first century
scholarship under IC 21-12-6.
(b) This subsection applies to an individual who:
(1) meets the requirements set forth in subsection (a); and
(2) before the date that eligibility is determined by the
commission, has been placed by or with the consent of the
department of child services, by a court order, or by a licensed
child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home.
The commission shall consider an individual to whom this subsection
applies as a full-need student under the commission's rules when
determining the eligibility of the individual to receive financial aid
administered by the commission under this chapter.
As added by P.L.2-2007, SEC.253. Amended by P.L.168-2007,
SEC.6; P.L.7-2011, SEC.12; P.L.107-2012, SEC.16; P.L.281-2013,
SEC.6.
IC 21-12-3-2 Version a
Limitation on eligibility
Note: This version of section effective until 9-1-2013. See also
following version of this section, effective 9-1-2013.
Sec. 2. A higher education award recipient is not eligible for
assistance after the recipient has received an award for a total of
eight (8) semesters or twelve (12) quarters of postsecondary
education.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-2 Version b
Limitation on eligibility
Note: This version of section effective 9-1-2013. See also
preceding version of this section, effective until 9-1-2013.
Sec. 2. A higher education award recipient is not eligible for
assistance after the recipient has received an award for the number
of academic terms that constitutes four (4) undergraduate academic
years.
As added by P.L.2-2007, SEC.253. Amended by P.L.281-2013,
SEC.7.
IC 21-12-3-3
Eligibility for awards
Sec. 3. To maintain eligibility a student is not required to:
(1) attend an approved postsecondary educational institution; or
(2) receive an award;
in consecutive semesters or quarters.
As added by P.L.2-2007, SEC.253. Amended by P.L.125-2008,
SEC.1.
IC 21-12-3-4
Eligibility for awards; satisfactory progress
Sec. 4. A student who:
(1) participates in:
(A) a nursing diploma program that is accredited by the
Indiana state board of nursing and operated by a hospital;
(B) a technical certificate or associate degree program at Ivy
Tech Community College; or
(C) an associate degree program at a postsecondary credit
bearing proprietary educational institution that qualifies as
an approved postsecondary educational institution; and
(2) meets the requirements in sections 1 and 2 of this chapter
for a first year higher education award except the requirement
of satisfactory progress toward a first baccalaureate degree;
is eligible to receive a state higher education award under this
chapter. However, the student must make satisfactory progress
toward obtaining the diploma, technical certificate, or associate
degree to remain eligible for the award.
As added by P.L.2-2007, SEC.253. Amended by P.L.125-2008,
SEC.2; P.L.107-2012, SEC.17.
IC 21-12-3-5
Maximum grant
Sec. 5. (a) This section applies to the maximum grant that may be
offered to an eligible student for an associate degree program at a
postsecondary credit bearing proprietary educational institution that
qualifies as an approved postsecondary educational institution.
(b) The maximum amount of a grant that may be offered to an
eligible student in a program at a postsecondary credit bearing
proprietary educational institution is equal to the maximum amount
of an award the student could receive under this chapter if the
student were enrolled at Ivy Tech Community College.
(c) This section expires July 1, 2014.
As added by P.L.2-2007, SEC.253. Amended by P.L.107-2012,
SEC.18; P.L.281-2013, SEC.8.
IC 21-12-3-6
Financial resources available to student
Sec. 6. In determining the financial resources available to a
student for a higher education award, the commission may not
consider principal or interest, including an original issue discount
that qualifies as interest excludable from gross income for federal
income tax purposes, on a bond that is:
(1) issued by a:
(A) public body corporate and politic of the state; or
(B) state educational institution;
designated by the governor as a college savings bond and
purchased after December 31, 1989; or
(2) a United States savings bond purchased after December 31,
1989, if the interest is claimed as exempt from federal taxation
under Section 135 of the Internal Revenue Code.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-7
Publication of rules
Sec. 7. The commission shall publish and make available to every
applicant all its rules governing the awarding and denial of higher
education awards. The rules must state specifically the conditions
under which an award once issued may be withdrawn or reduced.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-8
Issuance of first year awards; priorities
Sec. 8. For each academic year, first year higher education awards
shall be issued to as many qualified persons as the current biennial
appropriation allows. Applicants who are least able to provide funds
for the cost of education shall be given priority in the awarding of
higher education award funds.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-9
Renewal of awards
Sec. 9. A higher education award for a student in a program
leading to a baccalaureate degree may be renewed for a total of three
(3) undergraduate academic years following the academic year of the
first award or until an earlier time as the student receives a degree
normally obtained in four (4) undergraduate academic years. A
higher education award for a student in a program leading to a
technical certificate or an undergraduate associate degree may be
renewed for the number of academic years normally required to
obtain a certificate or degree in the student's program. The
commission may grant a renewal only upon application and only
upon its finding that:
(1) the applicant has successfully completed the work of a
preceding year;
(2) the applicant remains domiciled in Indiana;
(3) the recipient's financial situation continues to warrant an
award, based on the financial requirements set forth in section
(1)(a)(3) of this chapter;
(4) the applicant is eligible under section 2 of this chapter;
(5) if the student initially enrolls in an eligible institution for a
semester (or its equivalent) beginning after June 30, 2012, the
student maintains at least a cumulative grade point average that
the eligible institution determines is satisfactory academic
progress; and
(6) if the student initially enrolls in an eligible institution for an
academic year beginning after August 31, 2013, the student
successfully completes:
(A) at least twenty-four (24) credit hours or the equivalent
by the end of the student's first academic year;
(B) at least forty-eight (48) credit hours or the equivalent by
the end of the student's second academic year; and
(C) at least seventy-two (72) credit hours or the equivalent
by the end of the student's third academic year.
A student's academic years used to determine if the student
meets the requirements of this subdivision are not required to be
successive calendar years. A recipient who fails to meet the
credit hour requirement for a particular academic year becomes
ineligible for an award during the next academic year. The
recipient may regain eligibility for an award in subsequent
academic years if the recipient meets the aggregate credit hour
requirements commensurate with the recipient's academic
standing. In addition, the commission may allow a student who
is otherwise ineligible under this subdivision for an award
during the next academic year to maintain eligibility for an
award if the student submits a petition to the commission and
the commission makes a determination that extenuating
circumstances (as determined by the commission) prevented the
student from meeting the requirements of this subdivision.
As added by P.L.2-2007, SEC.253. Amended by P.L.125-2008,
SEC.3; P.L.169-2011, SEC.3; P.L.281-2013, SEC.9.
IC 21-12-3-9.5
Initial enrollment before September 1, 2013; additional award
amount
Sec. 9.5. (a) This section applies to a student who initially enrolls
in an eligible institution before September 1, 2013.
(b) Beginning in an academic year beginning after August 31,
2014, a student who graduated from high school with an academic
honors diploma is entitled to receive the following additional award
amount each academic year:
(1) For a student attending Ivy Tech Community College or a
postsecondary credit bearing proprietary educational institution,
seven hundred dollars ($700).
(2) For a student attending a state educational institution, eight
hundred dollars ($800).
(3) For a student attending a nonprofit college or university, one
thousand four hundred dollars ($1,400).
(c) This section expires September 1, 2016.
As added by P.L.281-2013, SEC.10.
IC 21-12-3-10
Additional awards
Sec. 10. Out of funds available after commitments have been met
under sections 8 and 9 of this chapter, awards shall be issued to
persons who have successfully completed at least one (1) academic
year but not more than three (3) academic years in approved
postsecondary educational institutions if they meet the eligibility
requirements of:
(1) sections 1, 2, and (if applicable) 9(5) or 9(6) of this chapter;
or
(2) sections 4, 5, and (if applicable) 9(5) or 9(6) of this chapter.
The awards shall be handled on the same basis as renewals under
section 9 of this chapter.
As added by P.L.2-2007, SEC.253. Amended by P.L.125-2008,
SEC.4; P.L.169-2011, SEC.4; P.L.281-2013, SEC.11.
IC 21-12-3-11
Higher education awards; conditions
Sec. 11. (a) A higher education award issued under this section
and sections 8, 9, and 10 of this chapter extends to all educational
costs for the academic year for which the award is made, but only to
the extent of:
(1) current financial need (as measured under section 1(3) of
this chapter); or
(2) the maximum fees regularly assessed to resident
undergraduates at any state educational institution, as
determined annually by the commission;
whichever is smaller.
(b) This section expires September 1, 2014.
As added by P.L.2-2007, SEC.253. Amended by P.L.281-2013,
SEC.12.
IC 21-12-3-12
Applicants least able to provide funds for education; consideration
of principal or interest on bonds; exemption
Sec. 12. In determining which applicants are least able to provide
funds for the cost of education under section 8 of this chapter, the
commission may not consider principal or interest, including an
original issue discount that qualifies as interest excludable from
gross income for federal income tax purposes, on a bond that is:
(1) issued by a:
(A) public body corporate and politic of the state; or
(B) state educational institution;
designated by the governor as a college savings bond and
purchased after December 31, 1989; or
(2) a United States savings bond purchased after December 31,
1989, if the interest is claimed as exempt from federal taxation
under Section 135 of the Internal Revenue Code.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-13
Prohibition; assistance to confined inmates
Sec. 13. The commission may not provide assistance under this
chapter to a higher education award applicant or recipient who is:
(1) convicted of a felony;
(2) sentenced to a term of imprisonment for that felony; and
(3) confined for that felony at a penal facility (as defined in
IC 35-31.5-2-232).
As added by P.L.2-2007, SEC.253. Amended by P.L.229-2011,
SEC.223; P.L.114-2012, SEC.43.
IC 21-12-3-14
Certification of applicants
Sec. 14. The commission shall certify to the auditor of state the
name and address of every applicant to whom an award has been
issued. An award is effective during the academic year immediately
following its award, and records and accounts relating to it shall be
kept accordingly.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-15
Enrollment
Sec. 15. An applicant to whom the commission has issued an
award may apply for enrollment as a student in any approved
postsecondary educational institution. However, the institution is not
required to accept the applicant for enrollment, and the institution
may require compliance with its own admissions requirements. If the
institution accepts the applicant, it shall give written notice to the
commission. The institution is entitled to the payments of tuition and
other necessary fees and charges provided by the award that are
incurred by the applicant. It shall provide facilities and instruction to
the applicant on the same terms as to other students.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-16
Effect of termination of student status
Sec. 16. If during an academic period a student enrolled in an
institution under an award under this chapter ceases for any reason
to be a student in good standing, the institution shall promptly give
written notice to the commission as to the change of status and the
reason for it. If under its current standards a fee or charge that has
been paid as part of an award under this chapter would otherwise be
refunded by the institution to the student, it shall be remitted to the
auditor of state.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-17
Second year awards
Sec. 17. A student to whom a renewal award has been issued may
either re-enroll in the approved postsecondary educational institution
that the student attended during the preceding year or enroll in
another approved postsecondary educational institution. In either
event, the approved postsecondary educational institution accepting
the student shall notify the commission. The approved postsecondary
educational institution is entitled to payment and is contractually
obligated as provided for first year awards.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-18
Award account and records
Sec. 18. The commission shall administer the higher education
award account and related records of each student who is attending
an approved postsecondary educational institution under an award
issued under this chapter. At each appropriate time, it shall certify to
the auditor of state, in the manner prescribed by law, the current
payment to be made to the institution under the award. This shall be
done in accordance with an appropriate certificate of the approved
postsecondary educational institution presented by the time the
payment is due under the rules of the approved postsecondary
educational institution applicable to students generally, after the
tuition and necessary fees have become fixed.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-19
Higher education award fund
Sec. 19. The auditor of state shall create a separate and segregated
higher education award fund distinct from the freedom of choice
grant fund. Money may be exchanged or transferred between these
funds as provided by section 21 of this chapter and IC 21-12-4-9. All
money disbursed from the higher education award fund shall be in
accordance with this chapter. Money remaining in the higher
education award fund at the end of any fiscal year does not revert to
the state general fund but remains available to be used for making
higher education awards under this chapter.
As added by P.L.2-2007, SEC.253. Amended by P.L.229-2011,
SEC.224.
IC 21-12-3-20
Unspent scholarship money; use
Sec. 20. If at the end of a fiscal year part of the money
appropriated for that year for the purposes of this chapter remains
unspent, it may be spent for those purposes during the next fiscal
year.
As added by P.L.2-2007, SEC.253.
IC 21-12-3-21
Transfer of funds after commitments met for academic year
Sec. 21. The commission may order the auditor of state to transfer
to the freedom of choice grant fund money from the higher education
award fund. The auditor of state shall make the transfer ordered by
the commission with the approval of the budget director and the
governor.
As added by P.L.2-2007, SEC.253. Amended by P.L.229-2011,
SEC.225.
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