SECTIONS 69436-69436.5 - California Statutes

EDUCATION CODE

SECTION 69436-69436.5

69436. (a) A student who was not awarded a Cal Grant A or B award
pursuant to Article 2 (commencing with Section 69434) or Article 3
(commencing with Section 69435) at the time of his or her high school
graduation but, at the time of transfer from a California community
college to a qualifying baccalaureate program, meets all of the
criteria set forth in subdivision (b), shall be entitled to a Cal
Grant A or B award.
(b) Any California resident transferring from a California
community college to a qualifying institution that offers a
baccalaureate degree is entitled to receive, and the commission, or a
qualifying institution pursuant to Article 8 (commencing with
Section 69450), shall award, a Cal Grant A or B award depending on
the eligibility determined pursuant to subdivision (c), if all of the
following criteria are met:
(1) A complete official financial aid application has been
submitted or postmarked pursuant to Section 69432.9, no later than
the March 2 of the year immediately preceding the award year.
(2) The student demonstrates financial need pursuant to Section
69433.
(3) The student has earned a community college grade point average
of at least 2.4 on a 4.0 scale and is eligible to transfer to a
qualifying institution that offers a baccalaureate degree.
(4) The student's household has an income and asset level not
exceeding the limits set forth in Section 69432.7.
(5) The student is pursuing a baccalaureate degree that is offered
by a qualifying institution.
(6) He or she is enrolled at least part time.
(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section 69430).
(8) The student will not be 28 years of age or older by December
31 of the award year.
(9) The student graduated from a California high school or its
equivalent during or after the 2000-01 academic year.
(c) The amount and type of the award pursuant to this article
shall be determined as follows:
(1) For applicants with income and assets at or under the Cal
Grant A limits, the award amount shall be the amount established
pursuant to Article 2 (commencing with Section 69434).
(2) For applicants with income and assets at or under the Cal
Grant B limits, the award amount shall be the amount established
pursuant to Article 3 (commencing with Section 69435).
(d) (1) A student meeting the requirements of paragraph (9) of
subdivision (b) by means of high school graduation, rather than its
equivalent, shall be required to have graduated from a California
high school, unless that California resident graduated from a high
school outside of California due solely to orders received from a
branch of the United States Armed Forces by that student or by that
student's parent or guardian that required that student to be outside
of California at the time of high school graduation.
(2) For the purposes of this article, both of the following are
exempt from the requirements of subdivision (e) of Section 69433.9
and paragraph (9) of subdivision (b) of this section:
(A) A student for whom a claim under this article was paid prior
to December 1, 2005.
(B) A student for whom a claim under this article for the 2004-05
award year or the 2005-06 award year was or is paid on or after
December 1, 2005, but no later than October 15, 2006.
(3) (A) The commission, or a qualifying institution pursuant to
Article 8 (commencing with Section 69450), shall make preliminary
awards to all applicants currently eligible for an award under this
article. At the time an applicant receives a preliminary award, the
commission, or a qualifying institution pursuant to Article 8
(commencing with Section 69450), shall require that applicant to
affirm, in writing, under penalty of perjury, that he or she meets
the requirements set forth in subdivision (e) of Section 69433.9,
paragraph (9) of subdivision (b) of this section, and paragraph (1)
of this subdivision. The commission, or a qualifying institution
pursuant to Article 8 (commencing with Section 69450), shall notify
each person who receives a preliminary award under this paragraph
that his or her award is subject to an audit pursuant to subparagraph
(B).
(B) The commission shall select, at random, a minimum of 10
percent of the new and renewal awards made under subparagraph (A),
and shall require, prior to the disbursement of Cal Grant funds to
the affected postsecondary institution, that the institution verify
that the recipient meets the requirements of subdivision (e) of
Section 69433.9, paragraph (9) of subdivision (b) of this section,
and paragraph (1) of this subdivision. An award that is audited under
this paragraph and found to be valid shall not be subject to a
subsequent audit.
(C) Pursuant to Section 69517.5, the commission shall seek
repayment of any and all funds found to be improperly disbursed under
this article.
(D) On or before November 1 of each year, the commission shall
submit a report to the Legislature and the Governor including, but
not necessarily limited to, both of the following:
(i) The number of awards made under this article in the preceding
12 months.
(ii) The number of new and renewal awards selected, in the
preceding 12 months, for verification under subparagraph (B), and the
results of that verification with respect to students at the
University of California, at the California State University, at
independent nonprofit institutions, and at independent for-profit
institutions.

69436.5. A participating qualifying institution shall report to the
commission annually as to the number of students determined to be
independent pursuant to subparagraph (E) of paragraph (8) of
subdivision (b) of Section 69436 and the reasons therefor.