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during that period the student becomes ineligible to participate in the program, the payment applicable to that period need not be returned by the student if such payment was not made on the basis of inaccurate information or statements provided by the student; however, the student shall not receive additional basic grant payments unless he reestablishes his eligibility.

(d) No grant may be paid under this part unless the student to whom it is made has filed with the institution of higher education which he intends to attend, or is attending, an affidavit on a form approved by the Commissioner stating that the money attributable to such grant will be used solely for expenses related to attendance or continued attendance at such institution. The student must sign the affidavit in the presence of a notary or other person who is legally authorized to administer oaths or affirmations and who does not take part in the recruiting of students for enrollment at such institution. The notary or other person must enter his signature and as applicable, his seal or stamp on the affidavit form.

(e) Payments to a student may be made by check or by credit to the student's account with the institution. If payments are made to a student by crediting his account, the institution shall retain a receipt signed by the student for each such transaction and the credit entry to the student's account shall be clearly identifiable.

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$ 190.76 Cut-off dates for making application for awards.

(a) Except in cases where paragraph (b) of this section applies, in order to receive a Basic Educational Opportunity Grant for an academic year a student must apply for such a grant by submitting an official "Student Eligibility Report" to the institution in which he is enrolled, pursuant to § 190.61, or to the Commissioner pursuant to § 190.86, prior to May 31 of that academic year.

(b) If a student enrolls in an institution on or after May 1 of an academic year, he may receive a Basic Educational Opportunity Grant for that academic year if he submits the official "Student Eligibility Report" to the institution, or pursuant to § 190.86 to the Commissioner, prior to June 30 of that academic year.

(c) No payment may be made to a stu

dent who at the time he submits a "Student Eligibility Report" to an institution of higher education is no longer enrolled and in attendance in an eligible program in that institution of higher education. (20 U.S.C. 1070a)

§ 190.77 Overpayment of a Basic Educational Opportunity Grant.

In the event that an institution makes an overpayment to a student under this part, the institution shall cooperate fully with the Commissioner, by making a reasonable effort to effect the return of such overpayment. The institution is not, however, liable for any overpayments which are not recovered unless such overpayment was made by the institution under circumstances where the regulations of the Commissioner clearly indicate that such payment should not have been made.

(20 U.S.C. 1070a)

§ 190.78 Effect of institutional refunds.

An institution shall reduce to writing its policy for making refunds of amounts paid for tuition, fees, room and board to students who withdraw or fail to pursue their course of study at such institution. A copy of such policy shall be made available to the Commissioner upon request. If a refund is due to a student pursuant to this policy, a portion of such refund must be restored to the Basic Educational Opportunity Grant account. The amount so restored shall bear the same ratio to the amount of the refund as the amount of the Basic Educational Opportunity Grant already disbursed to the student at the time he withdraws bears to the amount determined by the institution to be the average amount required for a student to pursue studies at that institution for the period of enrollment for which such refund is requested. Such amount shall be returned to the Commissioner by the student if the refund is made to a student by an institution of higher education which has not entered into an agreement under § 190.73. (20 U.S.C. 1070a)

§ 190.79 Fiscal control and fund accounting procedures.

(a) All funds received and disbursed by an institution under this part shall be handled through one identifiable account in accordance with generally accepted accounting procedures. Such account may be an existing account (preferably

one maintained for Federal funds), provided adequate control ledgers are maintained to properly account for such funds separately from other funds. Any such account shall be subject to audit by the Commissioner at such reasonable times as the Commissioner will determine. At no time may the funds in such account be in an amount less than the balance reflected in the institution's control ledgers for the Basic Educational Opportunity Grant Program.

(b) Funds received by an institution pursuant to this part are to be held in trust for the intended student beneficiaries. Such funds may be used only for the purposes for which they are advanced and may not be pledged or hypothecated for any other purpose. (20 U.S.C. 10708)

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Each institution shall maintain adequate records with regard to (a) the eligibility or lack thereof, of all students enrolled in the institution who have applied to the institution for a Basic Educational Opportunity Grant, (b) the amount of such grants as have been awarded and to whom, (c) the amount and date of disbursements of such grants to such students, and (d) the amount and date of any overpayments of awards that have been restored to the program account. Such records shall include the "Student Eligibility Report" for each student, the student's cost of attendance at the institution, the basis on which his full-time or part-time enrollment status was determined and the basis on which the portion of the academic year for which the student was enrolled was determined. Further, the institution shall make such records available for inspection by authorized representatives of the Commissioner, at any reasonable time at the offices of the institution. The institution shall retain such records for three years following the date of submission of a final report covering such funds. (20) U.S.C. 1070a)

§ 190.81

Submission of reports.

The institution shall submit such reports and information as the Commissioner may reasonably require in connection with the funds advanced to it in accordance with § 190.74 and shall comply with such procedures as the Com

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§ 190.83 Attendance at more than one institution during an academic year.

(a) If a Basic Educational Opportunity Grant recipient withdraws from one institution and applies for a Basic Educational Opportunity Grant at another institution during the same academic year, the student shall submit to that institution an official copy of his "Student Eligibility Report" for calculation of a new Scheduled Basic Educational Opportunity Grant award. If a student transfers to an institution which has not entered into an agreement under § 190.73 he shall follow the procedures described in § 190.86.

(b) The institution to which the student has transferred shall calculate and disburse the student's award in accordance with § 190.75. (20 U.S.C. 1070a)

$ 190.84

§ 190.85

[Reserved]

Recalculation of Basic Educa tional Opportunity Grant awards. (a) The amount of a student's Basic Educational Opportunity Grant award for an academic year may be recalculated during that academic year if the amount of a student's expected family contribution is redetermined in accordance with $ 190.15, § 190.39, or § 190.48; if the student enrolls at more than one institution during the course of an academic year; or if a student varies his academic workload from one-half, three-quarter, or a full-time enrollment.

(b) If a student's Basic Educational Opportunity Grant is adjusted in accordance with $190.15, § 190.39, or § 190.48, or is increased because of a change in his academic workload, subsequent payments to the student shall be adjusted, based on the newly calculated scheduled award, to ensure that the student is paid the entire amount of his newly calculated award (subject to any adjustments pursuant to §§ 190.64-190.66) before the conclusion of the academic period for which the grant is made. However, an institution calculating an award under $ 190.83(b) shall only pay that portion of the newly calculated award which is commensurate with that portion of the school year within the academic year for

which the student is enrolled at that institution.

(20 U.S.C. 1070a) [41 FR 33871, Aug. 10, 1976]

§ 190.86

Calculation and disbursement of awards by the Commissioner of Education.

(a) If a student enrolls in or transfers to an institution of higher education which has not entered into an agreement with the Commissioner pursuant to § 190.73, the student shall apply to the Commissioner for his Basic Educational Opportunity Grant award. The student shall provide the Commissioner with such information in such form as the Commissioner may from time to time prescribe.

(b) The Commissioner will pay to a student his Basic Educational Opportunity Grant award computed in accordance with the relevant provisions of this part in equal amounts at least once each semester, trimester, or quarter for those institutions which utilize such academic units. For those institutions not utilizing such academic periods, payments will be made in equal amounts not less than twice during that portion of the school year which falls within the academic year, with one payment to be made at the beginning and the other to be made at the midpoint of that portion of the school year which falls within the academic year: Provided, That if the portion of a school year which falls within the academic year is less than three months, only one payment need be made.

(20 U.S.C. 1070a) [39 FR 41800, Dec. 2, 1974, as amended at 41 FR 33871, Aug. 10, 1976]

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(20 U.S.C. 1070c)

§ 192.2 Definitions.

"Academic year" means a period of time, usually eight (8) or nine (9) months, during which a full-time student would normally be expected to complete the equivalent of two semesters, two trimesters, three quarters or 900 clock hours of instruction.

"Act" means Title IV, Part A, Subpart 3 of the Higher Education Act of 1965, as amended (20 U.S.C. 1070c-1070c-3).

"Clock hour" means a period of time which is the equivalent of a 50 to 60 minute class, lecture, or recitation, or a 50 to 60 minute period of faculty-supervised laboratory, shop training, or internship.

"Continuing award" means an award of funds under this part to a student that does not qualify as an "initial award" as defined in § 192.2.

"Cost of education" means the cost of education as defined by each State.

"Dependent student" is a student who does not qualify as "self-supporting or independent student" as defined in § 192.2.

"Expected family contribution of a dependent student" means the sum of the amounts which reasonably may be expected from the student and his spouse to meet the student's cost of education and the amount which reasonably may be expected to be made available to him by his parents for such purpose.

"Expected family contribution of an independent or self-supporting student" means the amount which reasonably may be expected from the student and his

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spouse to meet the student's cost of education.

"Full-time student" means a student who is carrying a full-time academic work load, other than by correspondence, measured in terms of (1) course work or other required activities as determined by the institution in which the student is enrolled, or by the State whose agency is administering the program authorized by the Act, including any combination of courses, work experience, research or special studies which the institution requires of the student to consider him as being engaged in full-time study, and which amounts to the equivalent of a minimum of 12 semester hours or 12 quarter hours per academic term for institutions utilizing trimesters, semesters, or quarter hour systems, or which consists of a program requiring a minimum of 25 clock hours per week for those institutions that do not utilize such systems, and (2) the tuition and fees customarily charged for full-time study by the institution.

(20 U.S.C. 1088 (c) (2))

"Half-time student" means a student who is carrying a half-time academic work load measured in terms of (1) course work or other required activities as determined by the institution in which the student is enrolled, or by the State whose agency is administering the program authorized by the Act, including any combination of courses, work experience, research or special studies which the institution requires of the student to consider him as being engaged in parttime study, and which amounts to a minimum of 6 semester hours or 6 quarter hours for institutions utilizing trimesters, semesters or quarters, or which consists of a program requiring a minimum of 13 clock hours per week for those institutions which do not utilize such systems, and (2) the tuition and fees customarily charged for half-time study by the institution.

(20 U.S.C. 1088 (c) (2))

"Independent or self-supporting student" means an independent or self-supporting student as defined by each State.

"Initial award" means the first award made to a student under this part. A payment under this part by a State to any student who had previously received a payment of grant funds under this part by any State shall not be considered an initial award payment.

"Institution of higher education” means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, (1) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (ii) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any school which provides not less than & one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provision of paragraphs (1), (2), (4), and (5) of this section unless the school is a public institution in which case it may also be accredited by the State agency in that State which has been listed by the Commissioner as a reliable authority as to the quality of public postsecondary vocational education in that State, and any proprietary institution of higher education, as defined in § 192.2, which has an agreement with the Commissioner containing such terms and conditions as the Commissioner determines to be necessary to insure that the availability of assistance to students at the school under this part has not resulted, and will not result, in an increase in the tuition, fees, or other charges to such students.

(20 U.S.C. 1087-1 (b), 1141 (a))

"National of the United States" means (1) a citizen of the United States, or (2)

a person who though not a citizen of the United States owes permanent allegiance to the United States.

(8 U.S.C. 1101 (a) (22))

"Parent" means the mother or father of the student, unless any other person, except the student's spouse, provides more than one-half of the student's support and claims or is eligible to claim the student as an exemption for Federal income tax purposes, in which case such person shall be considered the parent.

"Proprietary institution of higher education" means a school (1) which provides not less than a six-month program of training to prepare students for gainful employment in a recognized occupation, (2) which admits as regular students only persons having a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate, (3) which is legally authorized by the State in which it is located to provide a program of education beyond secondary education, (4) which is accredited by a nationally recognized accrediting agency or association approved by the Commissioner for this purpose, (5) which is not a public or other nonprofit institution, and (6) which has been in existence for at least two years.

(20 U.S.C. 1088(b) (3))

"State" means, in addition to the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands.

(20 U.S.C. 1141(b); 20 U.S.C. 1088(a))

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"Undergraduate student" means student who (1) is in attendance at an institution of higher education and (2) has not earned his first baccalaureate or professional degree. A student who has not earned his first baccalaureate or professional degree and who is enrolled in a program of study at the postsecondary level which is designed to extend for more than four academic years shall not be considered an undergraduate student in that portion of the program that involves study beyond the fourth academic year unless that program leads to a first degree and is designed to extend for a period of five academic years.

(20 U.S.C. 1070c-1070c-3, unless otherwise noted)

[39 FR 19213, May 31, 1974, as amended at 40 FR 17844, Apr. 23, 1975]

§ 192.3 Allotment and reallotment.

(a) Allotment of funds for initial awards. From the sums appropriated pursuant to section 415A (b)(1) of the Act for any fiscal year, the Commissioner will allot to each State an amount which bears the same ratio to such sums as the number of students in attendance as at least half-time students at institutions of higher education in such State bears to the total number of such students in such attendance in all the States.

(b) Reallotment of funds for initial awards. The amount of any State's allotment under paragraph (a) of this section for any fiscal year which the Commissioner determines will not be required for that State's grant program for such fiscal year shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under paragraph (a) of this section for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year for carrying out the State plan; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced.

(c) Any amount reallotted to a State under paragraph (b) of this section during a year shall be deemed part of its allotment under paragraph (a) of this section for such year.

(d) For the purposes of this section, the number of students in attendance as at least half-time students at institutions of higher education in a State and in all the States will be determined by the Commissioner for the most recent year for which satisfactory data are available to him.

(e) (1) From the sum appropriated for the SSIG Program for Fiscal Year 1976, the Commissioner will allot to each State that applies for such funds an amount which bears the same ratio to such sum as the number of students in attendance as at least half-time students at institutions of higher education in such State bears to the total number of such students in such attendance in all such States. (A table containing a distribution among all States has been appended to

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