Secretary of Education Amends ACG and SMART Grant Regulations

The Secretary of Education recently amended the regulations for the Academic Competitiveness Grant (ACG) and National Science and Mathematics Access to Retain Talent Grant (National SMART Grant) programs. The purpose of the amendments is to reduce administrative burden for program participants and to clarify program requirements. The new regulations are effective as of July 1, 2008. The amendments were announced on Monday in the Federal Register. 72 Fed. Reg. 61248 (Oct. 29, 2007).

There are a number of changes to the applicable higher education regulations, 34 CFR Part 691, as a result of the regulations, some very minor, while others more substantial. Among the changes are the following:
• Requiring an institution in which a student is currently enrolled to determine the student’s academic year progression based on the student’s attendance in all ACG and National SMART Grant eligible programs only at that institution.
• Adding a new provision to require that when determining the appropriate academic year for a transfer student, the institution to which the student transferred must count both (a) the number of credit or clock hours earned by the student at prior institutions that are accepted for the student, and (b) an estimated number of weeks of instructional time completed by the student.
• Adding a new provision requiring three alternative methods to determine the weeks of instructional time for a student’s academic year progression, and to provide that an institution choosing to use one of these alternative methods must do so for all students enrolled in the eligible program.
• Clarifying that when determining academic year progression for a student, an institution may not assign any weeks of instructional time to certain credit or clock hours accepted toward a student’s eligible program if those credit or clock hours were earned from Advanced Placement (AP) programs, International Baccalaureate (IB) programs, testing out, life experience, other similarly earned credits or credits earned while not enrolled as a regular student in an ACG or National SMART Grant eligible program, or coursework that is not at the postsecondary level, such as remedial coursework
• Clarifying that an institution must assign weeks of instructional time to determine National SMART Grant eligibility for periods in which a student was enrolled in an ACG-eligible program before declaring, or certifying his or her intent to declare, an eligible major.
• Clarifying that, for purposes of eligibility for ACG and National SMART Grants, an institution that assesses grade point average (GPA) on a numeric scale other than a 4.0 scale must ensure that its minimum GPA requirement meets the same numeric standard as a cumulative GPA of 3.0 or higher on a 4.0 scale.
• Clarifying that institutions are required to calculate a student’s GPA for determining second-year ACG eligibility as follows:
o For a student who transfers to an institution that accepts into the student’s ACG eligible program at least the credit or clock hours for one academic year, but for less than two academic years, the institution must calculate the student’s GPA using the grades from all coursework accepted into the student’s ACG eligible program.
o For a student who transfers to an institution that accepts less than the credit or clock hours for an academic year into the student’s ACG eligible program, the institution must calculate the student’s GPA by combining the grades from all coursework accepted into the student’s ACG eligible program with the grades for coursework earned at the current institution through the payment period in which the student completes the credit or clock hours for his or her first academic year.
• Adding a new provision to require that, for a transfer student who transfers from one institution to another institution at which the student is eligible for a National SMART Grant, the subsequent institution determines that student’s eligibility for the first payment period using one of two methods, depending on whether it incorporates the grades from the student’s previous coursework that it accepts on transfer into the student’s GPA at the subsequent institution.
• Extending eligibility for a first-academic-year ACG to any student who enrolls as a regular student in an ACG eligible program while in high school provided that the student is beyond the age of compulsory school attendance.
• Requiring an institution to document a student’s eligible major and progress in the eligible program and major by maintaining documentation, such as the following:
o Documentation of the declared major, including written declaration of intent to declare an eligible major provided by the student; and
o Written documentation showing that the student is progressing in coursework leading to a degree in the student’s intended or declared eligible major; and
o Written documentation that the student is enrolling in the courses necessary to complete a degree in the intended or declared eligible major.
• Providing a process for institutions of higher education to request additional majors to be added to the list of eligible majors for National SMART Grants.

The Federal Register notice stated that there were no significant differences between the Department of Education’s original Notice of Public Rulemaking and the final regulations resulting from public comment or legislative action.
You can view the Federal Register notice at http://www.ed.gov/legislation/FedRegister/finrule/2007-4/102907a.html.

Author: CWP