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Pennsylvania Code



Subchapter I. SCHOLARS IN EDUCATION AWARD PROGRAM
AND LOAN FORGIVENESS PROGRAM


Sec.


121.151.    Application of existing Agency regulations.
121.152.    Qualified applicant.
121.153.    Eligible institution.
121.154.    Selection of recipients.
121.155.    Amount of Scholars in Education Awards.
121.156.    [Reserved].
121.157.    Teaching commitment.
121.158.    Deferment or cancellation of teaching commitment.
121.159.    Approved Commonwealth school.
121.160.    State certification.

Authority

   The provisions of this Subchapter I issued under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  5104); and section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. §  5151), unless otherwise noted.

Source

   The provisions of this Subchapter I adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442, unless otherwise noted.

§ 121.151. Application of existing Agency regulations.

 (a)  The following higher education grant regulations contained in Subchapters A and B (relating to general provisions; and Higher Education Grant Program) shall apply to applicants in the Scholars in Education Award Program except those provisions which are inconsistent with this subchapter:

   (1)  Section 121.1—Definitions.

   (2)  Section 121.3—Discrimination prohibited.

   (3)  Section 121.4(a)—Denial of eligibility to loan defaulters.

   (4)  Section 121.5(b)—Enrollment.

   (5)  Section 121.6—Denial of eligibility for financial assistance.

   (6)  Section 121.7—Notice of denial and preliminary review procedures.

   (7)  Section 121.8—Applicant and recipient appeals and hearings.

   (8)  Section 121.21—Requirement for Higher Education Grant applicants.

   (9)  Section 121.22—Early admission students.

   (10)  Section 121.32—Approved institutions in Higher Education Grant Program.

   (11)  Section 121.33—Approved program of study in Higher Education Grant Program.

   (12)  Section 121.34—Institutional appeals and hearings (for other than the Federal Family Education Loan Programs).

   (13)  Section 121.48—Limitation on payments of grants.

   (14)  Section 121.49—Duration of State Higher Education Grants.

   (15)  Section 121.50—Disbursement of State Higher Education Grants.

   (16)  Section 121.51—Refund of State Higher Education Grants.

   (17)  Section 121.52—Transferring an award.

   (18)  Section 121.53—Forfeiture of award.

   (19)  Section 121.54—Deferment of award.

   (20)  Section 121.56—Year Abroad Program.

   (21)  Section 121.57—Higher Education Grant domicile.

 (b)  The following higher education grant regulations contained in Subchapters A and B applies to applicants in the Loan Forgiveness Program except those provisions which are inconsistent with this subchapter:

   (1)  Section 121.1—Definitions.

   (2)  Section 121.3—Discrimination prohibited.

   (3)  Section 121.4(a)—Denial of eligibility to loan defaulters.

   (4)  Section 121.6—Denial of eligibility for financial assistance.

   (5)  Section 121.7—Notice of denial and preliminary review procedures.

   (6)  Section 121.8—Applicant and recipient appeals and hearings.

Source

   The provisions of this §  121.151 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442.

§ 121.152. Qualified applicant.

 (a)  A qualified applicant in the Scholars in Education Award Program shall be a bona fide domiciliary of this Commonwealth for at least 12 months immediately preceding the date the applicant completes the teaching commitment letter who meets the requirements established by the Agency and who intends to have as his principal assignment—that is, no less than 50% of the normal teaching load—the teaching of science or mathematics at an approved Commonwealth school commencing with the school year immediately following receipt of the baccalaureate degree. For purposes of the Scholars in Education Award Program, science means the physical or biological sciences. A qualified applicant in the Scholars in Education Award Program shall be in one of the following categories:

   (1)  Category I—A high school senior or high school graduate who intends to enroll, or a first-year student currently enrolled, at an eligible institution on a full-time basis in a baccalaureate degree program leading to State certification to teach science or mathematics in a Commonwealth school.

   (2)  Category II—A second- or third-year student who is currently enrolled as a full-time undergraduate at an eligible institution who is in a baccalaureate degree program leading to State certification to teach science or mathematics in a Commonwealth school.

 (b)  A qualified applicant in the Loan Forgiveness Program shall be a recipient of a 4-year degree with certification in mathematics or science who is a first-year teacher in 1983 or later teaching science or mathematics who meets the requirements established by the Agency. The applicant shall have as his principal assignment—that is, no less than 50% of the normal teaching load—the teaching of science or mathematics at an approved Commonwealth school and shall have borrowed through the PHEAA-administered Stafford Loan Program or another educational loan program approved by the Agency. For purposes of the Loan Forgiveness Program, science means the physical or biological sciences.

Source

   The provisions of this §  121.152 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2101; amended November 1, 1985, effective November 2, 1985, 15 Pa.B. 3933; amended August 24, 1990, effective August 25, 1990, 20 Pa.B. 4483. Immediately preceding text appears at serial pages (121711) to (121712).

Notes of Decisions

   Qualified Applicant

   The Higher Education Assistance Agency’s determination, that guidance counselors, psychologists and school nurses were not ‘‘qualified applicants’’ eligible for a reduction in educational loan amounts, was not erroneous. Cherry v. Higher Education Assistance Agency, 620 A.2d 687 (Pa. Cmwlth. 1993); appeal granted 626 A.2d 1159 (Pa. 1993); order affirmed 642 A.2d 463 (Pa. 1994).

§ 121.153. Eligible institution.

 An eligible institution in the Scholars in Education Award Program shall be an institution of higher education located in this Commonwealth that has been identified to the Agency by the Department of Education as having an approved program in teacher education for mathematics or science majors.

Source

   The provisions of this §  121.153 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442.

§ 121.154. Selection of recipients.

 (a)  Recipients in the Scholars in Education Award Program and Loan Forgiveness Program shall be those qualified applicants who are judged to be the most academically talented according to the criteria established by the Agency. Such criteria may include but will not be limited to national test scores, rank in class, grade point average, and recommendations from appropriate officials. Awards will be made to the extent the funds therefor are provided by the Board of Directors.

 (b)  Recipients of the Scholars in Education Award shall be eligible for annual renewal of their award for up to 3 years if the recipient complies with the criteria established by the Agency for renewal.

Source

   The provisions of this §  121.154 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442.

§ 121.155. Amount of Scholars in Education Awards.

 The amount of the Scholars in Education Award shall be no less than $1,500 per academic year but no more than 1/2 of the academic year cost of tuition at the eligible institution the recipient is attending or $5,000, whichever is less. The award may be reduced to less than $1,500 or cancelled, in accordance with the procedures established by the Agency, in order to prevent a Scholars in Education Award recipient from receiving total scholarship, grant or gift aid in excess of educational costs for the period enrolled.

Source

   The provisions of this §  121.155 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442; amended August 24, 1990, effective August 25, 1990, 20 Pa.B. 4483. Immediately preceding text appears at serial page (121713).

§ 121.156. [Reserved].


Source

   The provisions of this §  121.156 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2101; reserved October 4, 1991, effective October 5, 1991, 21 Pa.B. 4637. Immediately preceding text appears at serial pages (151289) to (151290).

§ 121.157. Teaching commitment.

 (a)  Scholars in Education Award. To be eligible for a Scholars in Education Award the recipient shall agree to spend the major portion of the school day teaching mathematics or science for 1 school year in an approved Commonwealth school for each annual Scholars in Education Award the student receives. Fulfillment of the teaching commitment shall commence with the school year immediately following receipt of the baccalaureate degree.

 (b)  Failure to honor commitment. Recipients who fail to honor the specified teaching commitment or who fail to submit such documentation as the Agency may require as proof of compliance with the specified teaching commitment and who do not receive a deferment of the commitment from the Agency shall be required to repay to the Agency the amount of the awards received plus interest in accordance with the rules established by the Agency.

 (c)  Loan forgiveness. Those selected for Loan Forgiveness shall be required to submit documentation as the Agency may require as proof that the individual has spent the major portion of the school day during the school year teaching mathematics or science at an approved Commonwealth school.

Source

   The provisions of this §  121.157 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442; amended August 24, 1990, effective August 25, 1990, 20 Pa.B. 4483. Immediately preceding text appears at serial page (121714).

§ 121.158. Deferment or cancellation of teaching commitment.

 (a)  The Agency may grant deferment of the teaching commitment in the Scholars in Education Award Program if the recipient is unable to comply with the specific teaching commitment for one or more of the following reasons:

   (1)  Inability on the part of the recipient to find full-time employment in the specific teaching commitment area of instruction at an approved Commonwealth school despite conscientious and sincere efforts to do so.

   (2)  Temporary total disability of borrower as established by sworn statement of a qualified physician or temporary total disability of borrower’s spouse so established if borrower is unable to secure teaching employment in an approved Commonwealth school because of need to care for his spouse.

   (3)  Layoff or furlough from teaching employment due to economic reasons.

   (4)  Other reasons which the Agency, in its sole judgment, may approve.

 (b)  The Agency may cancel the teaching commitment for any of the following reasons:

   (1)  Upon submission to PHEAA of documentation of the recipient’s death.

   (2)  Upon the acceptance by PHEAA of the statement of a physician verfiying the total and permanent disability of the recipient.

   (3)  Other reasons which the Agency, in its sole judgment, may approve.

Source

   The provisions of this §  121.158 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442; amended August 24, 1990, effective August 25, 1990, 20 Pa.B. 4483. Immediately preceding text appears at serial pages (121714) and (128141).

§ 121.159. Approved Commonwealth school.

 An approved Commonwealth school is a public, private or parochial school located in this Commonwealth and approved or licensed by the Pennsylvania Department of Education.

Source

   The provisions of this §  121.159 adopted February 10, 1984, effective February 11, 1984, 14 Pa.B. 442; amended November 1, 1985, effective November 2, 1985, 15 Pa.B. 3933; amended August 24, 1990, effective August 25, 1990, 20 Pa.B. 4483. Immediately preceding text appears at page (128141).

§ 121.160. State certification.

 For the purposes of the Scholars in Education Award Program and Loan Forgiveness Program, State certification means Pennsylvania public school certification endorsed in the areas of mathematics or science.

Source

   The provisions of this §  121.160 adopted November 1, 1985, effective November 2, 1985, 15 Pa.B. 3933.



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