Amended in Assembly March 26, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1538


Introduced by Assembly Member Eggman

(Coauthors: Senators Galgiani and Hill)

January 22, 2014


An act to amend Section 69432.7 of the Education Code, relating to student financial aid.

LEGISLATIVE COUNSEL’S DIGEST

AB 1538, as amended, Eggman. Student financial aid: Cal Grant Program.

Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Cal Grant Program), establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission (commission), and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions, as defined.

Existing law requires the Student Aid Commission to certify by October 1 of each year a qualifying institution’s latest 3-year cohort default rate as most recently reported by the United States Department of Education. Existing law provides that, for purposes of the 2012-13 academic year, and every academic year thereafter, an otherwise qualifying institution with a 3-year cohort default rate that is equal to or greater than 15.5% is ineligible for initial and renewal Cal Grant awards at the institution. Existing law also requires that an otherwise qualifying institution is ineligible for an initial or renewal Cal Grant award at the institution if the institution has a graduation rate of 30% or less for students taking 150% or less of the expected time to complete degree requirements, as specified, with certain exceptions.

If an otherwise qualifying institution has abegin insert student body composed of at least end insertbegin insert23end insertbegin insert students who are receiving federal Pell grants, and aend insert default rate that exceeds thebegin insert existingend insert statutorybegin delete thresholdend deletebegin insert maximumend insert for eligibilitybegin delete,end deletebegin insert or a graduation rate less than the existing statutory minimum for eligibility, as prescribed,end insert this bill would deem the institution eligible if the commission certifies that the institution satisfies specified conditions.begin insert The bill would require the commission to adopt any rules or regulations necessary to implement these provisions by March 1, 2015, and to report to the Legislature, by January 1, 2016, on its review and recommendations regarding additional criteria that would be appropriately considered in determining eligibility.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 69432.7 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

69432.7.  

As used in this chapter, the following terms have the
4following meanings:

5(a) An “academic year” is July 1 to June 30, inclusive. The
6starting date of a session shall determine the academic year in
7which it is included.

8(b) “Access costs” means living expenses and expenses for
9transportation, supplies, and books.

10(c) “Award year” means one academic year, or the equivalent,
11of attendance at a qualifying institution.

12(d) “College grade point average” and “community college
13grade point average” mean a grade point average calculated on the
14basis of all college work completed, except for nontransferable
15units and courses not counted in the computation for admission to
16a California public institution of higher education that grants a
17baccalaureate degree.

18(e) “Commission” means the Student Aid Commission.

19(f) “Enrollment status” means part- or full-time status.

20(1) “Part time,” for purposes of Cal Grant eligibility, means 6
21to 11 semester units, inclusive, or the equivalent.

P3    1(2) “Full time,” for purposes of Cal Grant eligibility, means 12
2or more semester units or the equivalent.

3(g) “Expected family contribution,” with respect to an applicant,
4shall be determined using the federal methodology pursuant to
5subdivision (a) of Section 69506 (as established by Title IV of the
6 federal Higher Education Act of 1965, as amended (20 U.S.C. Sec.
71070 et seq.)) and applicable rules and regulations adopted by the
8commission.

9(h) “High school grade point average” means a grade point
10average calculated on a 4.0 scale, using all academic coursework,
11for the sophomore year, the summer following the sophomore
12year, the junior year, and the summer following the junior year,
13excluding physical education, reserve officer training corps
14(ROTC), and remedial courses, and computed pursuant to
15regulations of the commission. However, for high school graduates
16who apply after their senior year, “high school grade point average”
17includes senior year coursework.

18(i) “Instructional program of not less than one academic year”
19means a program of study that results in the award of an associate
20or baccalaureate degree or certificate requiring at least 24 semester
21units or the equivalent, or that results in eligibility for transfer from
22a community college to a baccalaureate degree program.

23(j) “Instructional program of not less than two academic years”
24means a program of study that results in the award of an associate
25or baccalaureate degree requiring at least 48 semester units or the
26equivalent, or that results in eligibility for transfer from a
27community college to a baccalaureate degree program.

28(k) “Maximum household income and asset levels” means the
29applicable household income and household asset levels for
30participants, including new applicants and renewing recipients, in
31the Cal Grant Program, as defined and adopted in regulations by
32the commission for the 2001-02 academic year, which shall be
33set pursuant to the following income and asset ceiling amounts:


34

 

CAL GRANT PROGRAM INCOME CEILINGS

P3   361415P3   17

 

 

Cal Grant A,
C, and T

Cal Grant B

Dependent and Independent students with dependents*

Family Size

  Six or more

$74,100  

$40,700  

  Five

$68,700  

$37,700  

  Four

$64,100  

$33,700  

  Three

$59,000  

$30,300  

  Two

$57,600  

$26,900  


Independent


  Single, no dependents

$23,500  

$23,500  

  Married

$26,900  

$26,900  

1415P3   17

 

12*Applies to independent students with dependents other than a
13spouse.

 

CAL GRANT PROGRAM ASSET CEILINGS

P3   17

 

 

Cal Grant A,
C, and T

Cal Grant B


Dependent**   


$49,600  


$49,600  

Independent   

$23,600  

$23,600  

 

23**Applies to independent students with dependents other than a
24spouse.

25

26The commission shall annually adjust the maximum household
27income and asset levels based on the percentage change in the cost
28of living within the meaning of paragraph (1) of subdivision (e)
29of Section 8 of Article XIII B of the California Constitution. The
30maximum household income and asset levels applicable to a
31renewing recipient shall be the greater of the adjusted maximum
32household income and asset levels or the maximum household
33income and asset levels at the time of the renewing recipient’s
34initial Cal Grant award. For a recipient who was initially awarded
35a Cal Grant for an academic year before the 2011-12 academic
36year, the maximum household income and asset levels shall be the
37greater of the adjusted maximum household income and asset
38levels or the 2010-11 academic year maximum household income
39and asset levels. An applicant or renewal recipient who qualifies
P5    1to be considered under the simplified needs test established by
2federal law for student assistance shall be presumed to meet the
3asset level test under this section. Prior to disbursing any Cal Grant
4funds, a qualifying institution shall be obligated, under the terms
5of its institutional participation agreement with the commission,
6to resolve any conflicts that may exist in the data the institution
7possesses relating to that individual.

8(l) (1) “Qualifying institution” means an institution that
9complies with paragraphs (2) and (3) and is any of the following:

10(A) A California private or independent postsecondary
11educational institution that participates in the Pell Grant Program
12and in at least two of the following federal campus-based student
13aid programs:

14(i) Federal Work-Study.

15(ii) Perkins Loan Program.

16(iii) Supplemental Educational Opportunity Grant Program.

17(B) A nonprofit institution headquartered and operating in
18California that certifies to the commission that 10 percent of the
19institution’s operating budget, as demonstrated in an audited
20financial statement, is expended for purposes of institutionally
21funded student financial aid in the form of grants, that demonstrates
22to the commission that it has the administrative capacity to
23administer the funds, that is accredited by the Western Association
24of Schools and Colleges, and that meets any other state-required
25criteria adopted by regulation by the commission in consultation
26with the Department of Finance. A regionally accredited institution
27that was deemed qualified by the commission to participate in the
28Cal Grant Program for the 2000-01 academic year shall retain its
29eligibility as long as it maintains its existing accreditation status.

30(C) A California public postsecondary educational institution.

31(2) (A) The institution shall provide information on where to
32access California license examination passage rates for the most
33recent available year from graduates of its undergraduate programs
34leading to employment for which passage of a California licensing
35examination is required, if that data is electronically available
36through the Internet Web site of a California licensing or regulatory
37agency. For purposes of this paragraph, “provide” may exclusively
38include placement of an Internet Web site address labeled as an
39access point for the data on the passage rates of recent program
40graduates on the Internet Web site where enrollment information
P6    1is also located, on an Internet Web site that provides centralized
2admissions information for postsecondary educational systems
3with multiple campuses, or on applications for enrollment or other
4program information distributed to prospective students.

5(B) The institution shall be responsible for certifying to the
6commission compliance with the requirements of subparagraph
7(A).

8(3) (A) The commission shall certify by October 1 of each year
9the institution’s latest three-year cohort default rate and graduation
10 rate as most recently reported by the United States Department of
11Education.

12(B) For purposes of the 2011-12 academic year, an otherwise
13qualifying institution with a three-year cohort default rate reported
14by the United States Department of Education that is equal to or
15greater than 24.6 percent shall be ineligible for initial and renewal
16Cal Grant awards at the institution, except as provided in
17subparagraph (F).

18(C) For purposes of the 2012-13 academic year, and every
19academic year thereafter, an otherwise qualifying institution with
20a three-year cohort default rate that is equal to or greater than 15.5
21percent, as certified by the commission on October 1, 2011, and
22every year thereafter, shall be ineligible for initial and renewal Cal
23Grant awards at the institution, except as provided inbegin delete subparagraph
24(F)end delete
begin insert subparagraphs (F) and (H)end insert.

25(D) (i) An otherwise qualifying institution that becomes
26ineligible under this paragraph for initial and renewal Cal Grant
27awards shall regain its eligibility for the academic year for which
28it satisfies the requirements established in subparagraph (B), (C),
29or (G), as applicable.

30(ii) If the United States Department of Education corrects or
31revises an institution’s three-year cohort default rate or graduation
32rate that originally failed to satisfy the requirements established
33in subparagraph (B), (C), or (G), as applicable, and the correction
34or revision results in the institution’s three-year cohort default rate
35or graduation rate satisfying those requirements, that institution
36shall immediately regain its eligibility for the academic year to
37which the corrected or revised three-year cohort default rate or
38graduation rate would have been applied.

39(E) An otherwise qualifying institution for which no three-year
40cohort default rate or graduation rate has been reported by the
P7    1United States Department of Education shall be provisionally
2eligible to participate in the Cal Grant Program until a three-year
3cohort default rate or graduation rate has been reported for the
4institution by the United States Department of Education.

5(F) (i) An institution that is ineligible for initial and renewal
6Cal Grant awards at the institution under subparagraph (B), (C),
7or (G) shall be eligible for renewal Cal Grant awards for recipients
8who were enrolled in the ineligible institution during the academic
9year before the academic year for which the institution is ineligible
10and who choose to renew their Cal Grant awards to attend the
11ineligible institution. Cal Grant awards subject to this subparagraph
12shall be reduced as follows:

13(I) The maximum Cal Grant A and B awards specified in the
14annual Budget Act shall be reduced by 20 percent.

15(II) The reductions specified in this subparagraph shall not
16impact access costs as specified in subdivision (b) of Section
1769435.

18(ii) This subparagraph shall become inoperative on July 1, 2013.

19(G) For purposes of the 2012-13 academic year, and every
20academic year thereafter, an otherwise qualifying institution with
21a graduation rate of 30 percent or less for students taking 150
22percent or less of the expected time to complete degree
23requirements, as reported by the United States Department of
24Education and as certified by the commission pursuant to
25subparagraph (A), shall be ineligible for initial and renewal Cal
26Grant awards at the institution, except as provided for in
27subparagraphs (F)begin delete and (I)end deletebegin insert, (H), and (J)end insert.

begin insert

28(H) (i) An institution that is ineligible for initial and renewal
29Cal Grant awards at the institution under subparagraph (C) or
30(G), or both, shall be eligible if that institution has an
31undergraduate student body composed of at least two-thirds
32students who are receiving federal Pell grants, based upon the
33most recent data published by the United States Department of
34Education, as certified by the commission by November 1 of the
35prior academic year, and satisfies the following:

end insert
begin insert

36(I) If the institution is ineligible under subparagraph (C), the
37institution has an average three-year cohort default rate for the
38institution’s most recent three years, as certified by the commission,
39which meets the requirements of subparagraph (C).

end insert
begin insert

P8    1(II) If the institution is ineligible under subparagraph (G), the
2institution has an average graduation rate for the institution’s
3most recent three years, as certified by the commission, which
4meets the requirements of subparagraph (G).

end insert
begin insert

5(ii) For purposes of clause (i), the averages shall be calculated
6by taking the total number of students over the three-year period
7who defaulted or graduated, as applicable, and dividing by the
8total number of students in the cohort for those three years
9combined.

end insert
begin insert

10(iii) The commission shall adopt any rules and regulations
11necessary to implement this section by March 1, 2015.

end insert
begin insert

12(iv) The commission shall review and make recommendations
13regarding additional criteria that would be appropriately
14considered in determining institutional eligibility, including, but
15not limited to, cohort size, alternative debt measures, and
16additional student outcome and institutional quality metrics. The
17commission shall report to the Legislature on its review and
18recommendations by January 1, 2016.

end insert
begin delete

19(H)

end delete

20begin insert(I)end insert Notwithstanding any other law, the requirements of this
21paragraph shall not apply to institutions with 40 percent or less of
22undergraduate students borrowing federal student loans, using
23information reported to the United States Department of Education
24for the academic year two years before the year in which the
25commission is certifying the three-year cohort default rate or
26graduation rate pursuant to subparagraph (A).

begin delete

27(I)

end delete

28begin insert(J)end insert Notwithstanding subparagraph (G), an otherwise qualifying
29institution with a three-year cohort default rate that is less than 10
30percent and a graduation rate above 20 percent for students taking
31150 percent or less of the expected time to complete degree
32requirements, as certified by the commission pursuant to
33subparagraph (A), shall remain eligible for initial and renewal Cal
34Grant awards at the institution through the 2016-17 academic year.

begin delete

35(J)

end delete

36begin insert(K)end insert The commission shall do all of the following:

37(i) Notify initial Cal Grant recipients seeking to attend, or
38attending, an institution that is ineligible for initial and renewal
39Cal Grant awards under subparagraph (C) or (G) that the institution
P9    1is ineligible for initial Cal Grant awards for the academic year for
2which the student received an initial Cal Grant award.

3(ii) Notify renewal Cal Grant recipients attending an institution
4that is ineligible for initial and renewal Cal Grant awards at the
5institution under subparagraph (C) or (G) that the student’s Cal
6Grant award will be reduced by 20 percent, or eliminated, as
7appropriate, if the student attends the ineligible institution in an
8academic year in which the institution is ineligible.

9(iii) Provide initial and renewal Cal Grant recipients seeking to
10attend, or attending, an institution that is ineligible for initial and
11renewal Cal Grant awards at the institution under subparagraph
12(C) or (G) with a complete list of all California postsecondary
13educational institutions at which the student would be eligible to
14receive an unreduced Cal Grant award.

begin delete

15(K)

end delete

16begin insert(L)end insert By January 1, 2013, the Legislative Analyst shall submit to
17the Legislature a report on the implementation of this paragraph.
18The report shall be prepared in consultation with the commission,
19and shall include policy recommendations for appropriate measures
20of default risk and other direct or indirect measures of quality or
21effectiveness in educational institutions participating in the Cal
22Grant Program, and appropriate scores for those measures. It is
23the intent of the Legislature that appropriate policy and fiscal
24committees review the requirements of this paragraph and consider
25changes thereto.

26(m) “Satisfactory academic progress” means those criteria
27required by applicable federal standards published in Title 34 of
28the Code of Federal Regulations. The commission may adopt
29regulations defining “satisfactory academic progress” in a manner
30that is consistent with those federal standards.

begin delete
31

SECTION 1.  

Section 69432.7 of the Education Code is
32amended to read:

33

69432.7.  

As used in this chapter, the following terms have the
34following meanings:

35(a) An “academic year” is July 1 to June 30, inclusive. The
36starting date of a session shall determine the academic year in
37which it is included.

38(b) “Access costs” means living expenses and expenses for
39transportation, supplies, and books.

P10   1(c) “Award year” means one academic year, or the equivalent,
2of attendance at a qualifying institution.

3(d) “College grade point average” and “community college
4grade point average” mean a grade point average calculated on the
5basis of all college work completed, except for nontransferable
6units and courses not counted in the computation for admission to
7a California public institution of higher education that grants a
8baccalaureate degree.

9(e) “Commission” means the Student Aid Commission.

10(f) “Enrollment status” means part- or full-time status.

11(1) “Part time,” for purposes of Cal Grant eligibility, means 6
12to 11 semester units, inclusive, or the equivalent.

13(2) “Full time,” for purposes of Cal Grant eligibility, means 12
14or more semester units or the equivalent.

15(g) “Expected family contribution,” with respect to an applicant,
16shall be determined using the federal methodology pursuant to
17subdivision (a) of Section 69506 (as established by Title IV of the
18 federal Higher Education Act of 1965, as amended (20 U.S.C. Sec.
191070 et seq.)) and applicable rules and regulations adopted by the
20commission.

21(h) “High school grade point average” means a grade point
22average calculated on a 4.0 scale, using all academic coursework,
23for the sophomore year, the summer following the sophomore
24year, the junior year, and the summer following the junior year,
25excluding physical education, reserve officer training corps
26(ROTC), and remedial courses, and computed pursuant to
27regulations of the commission. However, for high school graduates
28who apply after their senior year, “high school grade point average”
29includes senior year coursework.

30(i) “Instructional program of not less than one academic year”
31means a program of study that results in the award of an associate
32or baccalaureate degree or certificate requiring at least 24 semester
33units or the equivalent, or that results in eligibility for transfer from
34a community college to a baccalaureate degree program.

35(j) “Instructional program of not less than two academic years”
36means a program of study that results in the award of an associate
37or baccalaureate degree requiring at least 48 semester units or the
38equivalent, or that results in eligibility for transfer from a
39community college to a baccalaureate degree program.

P11   1(k) “Maximum household income and asset levels” means the
2applicable household income and household asset levels for
3participants, including new applicants and renewing recipients, in
4the Cal Grant Program, as defined and adopted in regulations by
5the commission for the 2001-02 academic year, which shall be
6set pursuant to the following income and asset ceiling amounts:


7

 

CAL GRANT PROGRAM INCOME CEILINGS

P11   927P11  29

 

 

Cal Grant A,
C, and T

Cal Grant B

Dependent and Independent students with dependents*

Family Size

  Six or more

$74,100  

$40,700  

  Five

$68,700  

$37,700  

  Four

$64,100  

$33,700  

  Three

$59,000  

$30,300  

  Two

$57,600  

$26,900  


Independent


  Single, no dependents

$23,500  

$23,500  

  Married

$26,900  

$26,900  

27P11  29

 

24*Applies to independent students with dependents other than a
25spouse.
26

 

CAL GRANT PROGRAM ASSET CEILINGS

P11  29

 

 

Cal Grant A,
C, and T

Cal Grant B


Dependent**   


$49,600  


$49,600  

Independent   

$23,600  

$23,600  

 

35**Applies to independent students with dependents other than a
36spouse.
37

38The commission shall annually adjust the maximum household
39income and asset levels based on the percentage change in the cost
P12   1of living within the meaning of paragraph (1) of subdivision (e)
2of Section 8 of Article XIII B of the California Constitution. The
3maximum household income and asset levels applicable to a
4renewing recipient shall be the greater of the adjusted maximum
5household income and asset levels or the maximum household
6 income and asset levels at the time of the renewing recipient’s
7initial Cal Grant award. For a recipient who was initially awarded
8a Cal Grant for an academic year before the 2011-12 academic
9year, the maximum household income and asset levels shall be the
10greater of the adjusted maximum household income and asset
11levels or the 2010-11 academic year maximum household income
12and asset levels. An applicant or renewal recipient who qualifies
13to be considered under the simplified needs test established by
14federal law for student assistance shall be presumed to meet the
15asset level test under this section. Prior to disbursing any Cal Grant
16funds, a qualifying institution shall be obligated, under the terms
17of its institutional participation agreement with the commission,
18to resolve any conflicts that may exist in the data the institution
19possesses relating to that individual.

20(l) (1) “Qualifying institution” means an institution that
21complies with paragraphs (2) and (3) and is any of the following:

22(A) A California private or independent postsecondary
23educational institution that participates in the Pell Grant Program
24and in at least two of the following federal campus-based student
25aid programs:

26(i) Federal Work-Study.

27(ii) Perkins Loan Program.

28(iii) Supplemental Educational Opportunity Grant Program.

29(B) A nonprofit institution headquartered and operating in
30California that certifies to the commission that 10 percent of the
31institution’s operating budget, as demonstrated in an audited
32financial statement, is expended for purposes of institutionally
33funded student financial aid in the form of grants, that demonstrates
34to the commission that it has the administrative capacity to
35administer the funds, that is accredited by the Western Association
36of Schools and Colleges, and that meets any other state-required
37criteria adopted by regulation by the commission in consultation
38with the Department of Finance. A regionally accredited institution
39that was deemed qualified by the commission to participate in the
P13   1Cal Grant Program for the 2000-01 academic year shall retain its
2eligibility as long as it maintains its existing accreditation status.

3(C) A California public postsecondary educational institution.

4(2) (A) The institution shall provide information on where to
5access California license examination passage rates for the most
6recent available year from graduates of its undergraduate programs
7leading to employment for which passage of a California licensing
8examination is required, if that data is electronically available
9through the Internet Web site of a California licensing or regulatory
10agency. For purposes of this paragraph, “provide” may exclusively
11include placement of an Internet Web site address labeled as an
12access point for the data on the passage rates of recent program
13graduates on the Internet Web site where enrollment information
14is also located, on an Internet Web site that provides centralized
15admissions information for postsecondary educational systems
16with multiple campuses, or on applications for enrollment or other
17program information distributed to prospective students.

18(B) The institution shall be responsible for certifying to the
19commission compliance with the requirements of subparagraph
20(A).

21(3) (A) The commission shall certify by October 1 of each year
22the institution’s latest three-year cohort default rate and graduation
23 rate as most recently reported by the United States Department of
24Education.

25(B) For purposes of the 2011-12 academic year, an otherwise
26qualifying institution with a three-year cohort default rate reported
27by the United States Department of Education that is equal to or
28greater than 24.6 percent shall be ineligible for initial and renewal
29Cal Grant awards at the institution, except as provided in
30subparagraph (F).

31(C) For purposes of the 2012-13 academic year, and every
32academic year thereafter, an otherwise qualifying institution with
33a three-year cohort default rate that is equal to or greater than 15.5
34percent, as certified by the commission on by October 1 of the
35prior academic year, shall be ineligible for initial and renewal Cal
36Grant awards at the institution, except as provided in subparagraphs
37(F) and (H).

38(D) (i) An otherwise qualifying institution that becomes
39ineligible under this paragraph for initial and renewal Cal Grant
40awards may regain its eligibility for the academic year following
P14   1an academic year in which it satisfies the requirements established
2in subparagraph (B), (C), or (G), as applicable.

3(ii) If the United States Department of Education corrects or
4revises an institution’s three-year cohort default rate or graduation
5rate that originally failed to satisfy the requirements established
6in subparagraph (B), (C), or (G), as applicable, and the correction
7or revision results in the institution’s three-year cohort default rate
8or graduation rate satisfying those requirements, that institution
9shall immediately regain its eligibility for the academic year to
10which the corrected or revised three-year cohort default rate or
11graduation rate would have been applied.

12(E) An otherwise qualifying institution for which no three-year
13cohort default rate or graduation rate has been reported by the
14United States Department of Education shall be provisionally
15eligible to participate in the Cal Grant Program until a three-year
16cohort default rate or graduation rate has been reported for the
17institution by the United States Department of Education.

18(F) (i) An institution that is ineligible for initial and renewal
19Cal Grant awards at the institution under subparagraph (B), (C),
20or (G) shall be eligible for renewal Cal Grant awards for recipients
21who were enrolled in the ineligible institution during the academic
22year before the academic year for which the institution is ineligible
23and who choose to renew their Cal Grant awards to attend the
24ineligible institution. Cal Grant awards subject to this subparagraph
25shall be reduced as follows:

26(I) The maximum Cal Grant A and B awards specified in the
27annual Budget Act shall be reduced by 20 percent.

28(II) The reductions specified in this subparagraph shall not
29impact access costs as specified in subdivision (b) of Section
3069435.

31(ii) This subparagraph shall become inoperative on July 1, 2013.

32(G) For purposes of the 2012-13 academic year, and every
33academic year thereafter, an otherwise qualifying institution with
34a graduation rate of 30 percent or less for students taking 150
35percent or less of the expected time to complete degree
36requirements, as reported by the United States Department of
37Education and as certified by the commission pursuant to
38subparagraph (A), shall be ineligible for initial and renewal Cal
39Grant awards at the institution, except as provided for in
40subparagraphs (F), (H), and (J).

P15   1(H) An institution that is ineligible for initial and renewal Cal
2Grant awards at the institution under subparagraph (C) shall be
3eligible if that institution satisfies all of the following conditions:

4(i) The institution has an undergraduate student body comprising
5of at least 23 low-income students as certified by the commission
6by October 1 of the prior academic year. For purposes of this
7subdivision, “low-income students” are students eligible for federal
8Pell Grants.

9(ii) The institution has a three-year cohort default rate less than
1020 percent as certified by the commission under subparagraph (A).

11(iii) The institution has a graduation rate greater than 70 percent
12for students taking 150 percent or less of the expected time to
13complete degree requirements as certified by the commission under
14subparagraph (A).

15(I) Notwithstanding any other law, the requirements of this
16paragraph shall not apply to institutions with 40 percent or less of
17undergraduate students borrowing federal student loans, using
18information reported to the United States Department of Education
19for the academic year two years before the year in which the
20commission is certifying the three-year cohort default rate or
21graduation rate pursuant to subparagraph (A).

22(J) Notwithstanding subparagraph (G), an otherwise qualifying
23institution with a three-year cohort default rate that is less than 10
24percent and a graduation rate above 20 percent for students taking
25150 percent or less of the expected time to complete degree
26requirements, as certified by the commission pursuant to
27subparagraph (A), shall remain eligible for initial and renewal Cal
28Grant awards at the institution through the 2016-17 academic year.

29(K) The commission shall do all of the following:

30(i) Notify initial Cal Grant recipients seeking to attend, or
31attending, an institution that is ineligible for initial and renewal
32Cal Grant awards under subparagraph (C) or (G) that the institution
33is ineligible for initial Cal Grant awards for the academic year for
34which the student received an initial Cal Grant award.

35(ii) Notify renewal Cal Grant recipients attending an institution
36that is ineligible for initial and renewal Cal Grant awards at the
37institution under subparagraph (C) or (G) that the student’s Cal
38Grant award will be reduced by 20 percent, or eliminated, as
39appropriate, if the student attends the ineligible institution in an
40academic year in which the institution is ineligible.

P16   1(iii) Provide initial and renewal Cal Grant recipients seeking to
2attend, or attending, an institution that is ineligible for initial and
3renewal Cal Grant awards at the institution under subparagraph
4(C) or (G) with a complete list of all California postsecondary
5educational institutions at which the student would be eligible to
6receive an unreduced Cal Grant award.

7(L) By January 1, 2013, the Legislative Analyst shall submit to
8the Legislature a report on the implementation of this paragraph.
9The report shall be prepared in consultation with the commission,
10and shall include policy recommendations for appropriate measures
11of default risk and other direct or indirect measures of quality or
12effectiveness in educational institutions participating in the Cal
13Grant Program, and appropriate scores for those measures. It is
14the intent of the Legislature that appropriate policy and fiscal
15committees review the requirements of this paragraph and consider
16changes thereto.

17(m) “Satisfactory academic progress” means those criteria
18required by applicable federal standards published in Title 34 of
19the Code of Federal Regulations. The commission may adopt
20regulations defining “satisfactory academic progress” in a manner
21that is consistent with those federal standards.

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