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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 22GRANT AND SCHOLARSHIP PROGRAMS
SUBCHAPTER KPROVISIONS FOR SCHOLARSHIPS FOR STUDENTS GRADUATING IN THE TOP 10 PERCENT OF THEIR HIGH SCHOOL CLASS
RULE §22.198Institutions

(a) Eligibility.

  (1) Each institution of higher education as defined in §22.197 of this title (relating to Definitions) is eligible to participate in the program.

  (2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of, the program described in this subchapter.

  (3) Each eligible institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

  (1) Agreement. Each eligible institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

  (2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

  (1) Probation Notice. If the institution is placed on probation by its accrediting agency, it must immediately advise the Board and grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

  (2) Disbursements to Students.

    (A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

    (B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, Board staff will notify the Program Officer and financial aid officer and request a refund of the improper disbursement or proof that the awards were, indeed, made in keeping with program requirements. If this process does not lead to a resolution to the satisfaction of both parties, the Board will offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

  (3) Reporting and Refunds. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements include reports of eligible students (new and continuing) as well as program year-end reports and the Financial Aid Database Report.

  (4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the program.


Source Note: The provisions of this §22.198 adopted to be effective March 2, 2009, 34 TexReg 1431; amended to be effective May 29, 2012, 37 TexReg 3807

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