2016 Indiana Code
TITLE 21. HIGHER EDUCATION
ARTICLE 18.5. ADMINISTRATION OF HIGHER EDUCATION FINANCIAL AID AND POSTSECONDARY CREDIT BEARING PROPRIETARY EDUCATIONAL INSTITUTION ACCREDITATION
CHAPTER 4. ADMINISTRATION OF AWARDS
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IC 21-18.5-4
Chapter 4. Administration of Awards
IC 21-18.5-4-1
Purpose
Sec. 1. The purposes of this chapter are:
(1) to increase the opportunity to receive a higher education for
every person who resides in Indiana and who, though being
highly qualified and desiring to receive a higher education, is
deterred by financial considerations; and
(2) to accomplish the goal described in subdivision (1) by
establishing a system of state higher education awards that will
assist individuals in selecting and attending a qualified public
or private postsecondary educational institution or a
postsecondary credit bearing proprietary educational institution.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-2
Equal opportunity for awards
Sec. 2. The commission shall exercise its functions under this
chapter without regard to an applicant's race, creed, sex, color,
national origin, or ancestry.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-3
Duties
Sec. 3. For purposes of administering this chapter, the commission
shall do the following:
(1) Prepare and supervise the issuance of public information
concerning this chapter, IC 21-12-2, IC 21-12-3, IC 21-12-4,
and IC 21-12-5.
(2) Prescribe the form and regulate the submission of
applications for higher education awards and the commission's
programs.
(3) Conduct conferences and interviews with applicants as
appropriate.
(4) Determine the eligibility of applicants.
(5) Select qualified applicants.
(6) Determine annually the maximum higher education award
(IC 21-12-3) and freedom of choice award (IC 21-12-4), subject
to approval by the budget agency with review by the budget
committee.
(7) Determine the respective amounts of, and award, the
appropriate higher education awards, grants, and scholarships.
(8) Determine eligibility for, and award, annual renewals of
higher education awards, grants, and scholarships.
(9) Act as the designated state agency for participation in any
federal program for reinsurance of student loans.
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(10) Receive federal funds made available to the commission
for awards, grants, and scholarships, and disburse these funds
in the manner prescribed by federal law.
(11) One (1) time every year, submit a report to the legislative
council that provides data and statistical information regarding
the number of individuals who received assistance under
IC 21-12-6 and IC 21-12-6.5. The report made to the legislative
council must be in an electronic format under IC 5-14-6.
(12) One (1) time every year, submit a report to the budget
committee that provides data and statistical information
regarding the number of individuals who received assistance
under IC 21-12, IC 21-13, and IC 21-14.
(13) Administer and determine the eligibility of applicants for,
and award amounts under, the teacher loan repayment program
established under IC 21-13-10.
As added by P.L.107-2012, SEC.58. Amended by P.L.46-2014,
SEC.5.
IC 21-18.5-4-4
Additional powers and duties of the commission
Sec. 4. For purposes of administering this chapter, the commission
may do the following:
(1) Accept gifts, grants, devises, or bequests to provide grants,
awards, scholarships, loans, or other forms of financial aid to
students attending approved postsecondary educational
institutions.
(2) Enter into contracts, subject to IC 4-13-2, that the
commission determines are necessary to carry out the
commission's functions.
(3) Provide administrative or technical assistance to other
governmental or nongovernmental entities if the provision of
this assistance will increase the number and value of grants,
awards, scholarships, or loans available to students attending
approved postsecondary educational institutions.
(4) Sue and be sued in the name of the commission.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-5
Procedures concerning gifts; grants; devices and bequests
Sec. 5. For purposes of administering this chapter, if the
commission receives an offer of a gift, grant, devise, or bequest, the
commission may accept a stipulation on the use of the donated funds.
In this case, before September 1, 2014, IC 21-12-3-11 (higher
education award) and IC 21-12-4-4 (freedom of choice grant), or,
after August 31, 2014, the requirements under IC 21-12-1.7-3
concerning higher education awards and freedom of choice grants,
do not apply. Before accepting a gift, grant, devise, or bequest, the
commission shall determine that the purposes for which the donor
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proposes to provide funds are:
(1) lawful;
(2) in the state's best interests; and
(3) generally consistent with the commission's programs and
purposes.
If the commission agrees to a stipulation on the use of donated funds,
the commission and the donor, subject to approval by the budget
agency and the governor or the governor's designee, shall execute an
agreement.
As added by P.L.107-2012, SEC.58. Amended by P.L.281-2013,
SEC.34.
IC 21-18.5-4-6
Administrative and technical assistance
Sec. 6. (a) This section applies if the commission agrees to
provide administrative or technical assistance to other governmental
or nongovernmental entities to increase the number and value of
grants, awards, scholarships, or loans available to students attending
approved postsecondary educational institutions.
(b) The commission and the party to whom the assistance is to be
provided shall execute an agreement specifying:
(1) the assistance that is to be provided; and
(2) the charges, if any, that are to be assessed by the
commission for providing the assistance.
The commission may waive charges for administrative or technical
assistance under this section if the commission determines that a
waiver is in the best interest of the state. An agreement to provide
assistance must be approved by the budget agency and the governor
or the governor's designee.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-7
Audit of records
Sec. 7. The commission may, subject to written advance notice,
inspect and audit the records of a postsecondary credit bearing
proprietary educational institution concerning a student grant
awarded under IC 21-12 or IC 21-13.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-8
Determination of residency
Sec. 8. (a) This section applies to a person:
(1) who is a student;
(2) who is a graduate of a high school located in Indiana or a
recipient of the 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;
(3) who, on the date that eligibility is determined by the
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commission, has resided in Indiana with a caretaker relative
who has been a resident of Indiana for at least four (4) years;
and
(4) whose legal parent:
(A) is currently; and
(B) has been for at least three (3) consecutive years;
a resident of Indiana.
(b) In determining the eligibility of a person to receive financial
aid administered by the commission under any law, the commission
shall use the residence or domicile of the person's caretaker relative
to determine the person's residence or domicile.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-8.5
Disqualification of student for state aid or grants
Sec. 8.5. (a) This section does not apply to a student who:
(1) receives a graduation waiver under IC 20-32-4-4; and
(2) receives a general diploma by satisfying the conditions set
forth in IC 20-32-4-4, including, with respect to
IC 20-32-4-4(6), the condition set forth in IC 20-32-4-4(6)(B);
if the student has an individualized education program.
(b) Except as provided in subsection (a), this section applies to a
student who receives a graduation waiver under IC 20-32-4-4 after
June 30, 2014.
(c) Notwithstanding any other law, and except as provided in
subsection (e), a student who:
(1) receives a graduation waiver under IC 20-32-4-4; and
(2) receives a general diploma by satisfying the conditions set
forth in IC 20-32-4-4, including, with respect to
IC 20-32-4-4(6), the condition set forth in IC 20-32-4-4(6)(B);
is disqualified from receiving state scholarships, grants, or assistance
administered by the commission unless the student passes a college
and career readiness exam described in IC 20-32-9-3.
(d) The college and career readiness exam taken by a student
under subsection (c) shall be administered by the secondary school
that granted the student the graduation waiver. The cost of the exam
shall be paid by the department.
(e) A student described in subsection (c) is not disqualified from
receiving state scholarships, grants, or assistance administered by the
commission for credit bearing degree seeking courses, as mutually
defined by the commission and the postsecondary educational
institution offering the course.
As added by P.L.268-2013, SEC.11. Amended by P.L.233-2015,
SEC.315.
IC 21-18.5-4-9
Rules
Sec. 9. The commission may adopt rules under IC 4-22-2:
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(1) to develop standards that govern the denial of assistance to
higher education award applicants and recipients under
IC 21-12-3-13;
(2) to implement IC 21-12-6, including:
(A) rules regarding the establishment of appeals procedures
for individuals who become disqualified from the program
under IC 21-12-6-9;
(B) notwithstanding IC 21-12-6-5, rules that may include
students who are in grades other than grade 6, 7, or 8 as
eligible students; and
(C) rules that allow a student described in IC 21-12-6-5(b) to
become an eligible student while the student is in high
school, if the student agrees to comply with the requirements
set forth in IC 21-12-6-5(a)(4)(B) through
IC 21-12-6-5(a)(4)(D) for not less than six (6) months after
graduating from high school;
(3) to implement IC 21-13-2; and
(4) to implement:
(A) IC 21-12-7; and
(B) IC 21-14-5.
As added by P.L.107-2012, SEC.58. Amended by P.L.205-2013,
SEC.331; P.L.109-2015, SEC.42.
IC 21-18.5-4-10
Additional rulemaking authority
Sec. 10. The commission may:
(1) make rules necessary to carry out its functions under this
chapter;
(2) appoint advisory boards it considers necessary to carry out
its responsibilities under this chapter;
(3) adopt rules under IC 4-22-2 to implement IC 21-14-5; and
(4) adopt rules under IC 4-22-2 and internal policy to effectuate
the purposes of IC 21-16-4.
As added by P.L.107-2012, SEC.58.
IC 21-18.5-4-11
Development of training programs
Sec. 11. The commission may cooperate in developing training
programs concerning grant program requirements with the:
(1) board for proprietary education; or
(2) state workforce innovation council.
As added by P.L.107-2012, SEC.58.
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