[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR691.15] [Page 914-916] TITLE 34--EDUCATION CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 691_ACADEMIC COMPETITIVENESS GRANT (ACG) AND NATIONAL SCIENCE AND Subpart B_Application Procedures Sec. 691.15 Eligibility to receive a grant. (a) General. A student who meets the requirements of 34 CFR part 668, Subpart C, is eligible to receive an ACG or a National SMART Grant if the student-- (1) Is a U.S. citizen; (2) Is receiving a Federal Pell Grant disbursement in the same award year; and (3) Is enrolled full-time. (b) ACG Program. (1) A student is eligible to receive an ACG if the student-- (i) Meets the eligibility requirements in paragraph (a) of this section; (ii) For the first academic year of his or her eligible program-- (A) Has successfully completed, after January 1, 2006, a rigorous secondary school program of study recognized by the Secretary under Sec. 691.16; and (B) Has not previously been enrolled as a regular student in an eligible program while enrolled in high school; [[Page 915]] (iii) For the second academic year of his or her eligible program-- (A) Has successfully completed, after January 1, 2005, a rigorous secondary school program of study recognized by the Secretary under Sec. 691.16; and (B) Has successfully completed the first academic year of his or her eligible program; and (C) For the first academic year of his or her eligible program, obtained a grade point average (GPA) of 3.0 or higher on a 4.0 scale, or the equivalent, consistent with other institutional measures for academic and title IV, HEA program purposes. (2)(i) An institution must document a student's completion of a rigorous secondary school program of study under paragraphs (b)(1)(ii)(A) and (b)(1)(iii)(A) of this section using-- (A) Documentation provided directly to the institution by the cognizant authority; or (B) Documentation from the cognizant authority provided by the student. (ii) If an institution has reason to believe that the documentation provided by the student under paragraph (b)(2)(i)(B) of this section is inaccurate or incomplete, the institution shall confirm the student's completion of a rigorous secondary school program of study by using documentation provided directly to the institution by the cognizant authority. (3) For purposes of paragraph (b)(2) of this section-- (i) A cognizant authority includes, but is not limited to-- (A) An LEA; (B) An SEA or other State agency; (C) A public or private high school; or (D) A testing organization such as the College Board or State agency; or (ii) For a home-schooled student, the student's parent or guardian is the cognizant authority for purposes of providing the documentation required under paragraph (b)(2)(i) of this section, of a rigorous secondary school program under Sec. 691.16(d)(2), including a transcript or the equivalent or a detailed course description listing the secondary school courses completed by the student. (4) For a student who transfers from an eligible program at one institution to an eligible program at another institution, the institution to which the student transfers may rely upon the prior institution's determination that the student completed a rigorous secondary school program of study in accordance with paragraphs (b)(1)(ii)(A) and (b)(1)(iii)(A) of this section based on documentation that the prior institution may provide, or based on documentation of the receipt of an ACG disbursement at the prior institution. (c) National SMART Grant Program. A student is eligible to receive a National SMART Grant for the third or fourth academic year of his or her eligible program if the student-- (1) Meets the eligibility requirements in paragraph (a) of this section; (2)(i)(A) In accordance with the institution's academic requirements, formally declares an eligible major; or (B) If the institution's academic requirements do not allow a student to declare an eligible major in time to qualify for a National SMART Grant on that basis-- (1) Demonstrates his or her intention to declare an eligible major as documented by the institution; and (2) Formally declares an eligible major as soon as allowed under the institution's academic requirements; and (ii) Enrolls in the courses necessary both to complete the degree program and to fulfill the requirements of the intended eligible major; (3) Has a cumulative GPA through the most recently completed payment period of 3.0 or higher on a 4.0 scale, or the equivalent, consistent with other institutional measures for academic and title IV, HEA program purposes, in the student's eligible program; (4) For the third academic year, has successfully completed the second academic year of his or her eligible program; and (5) For the fourth academic year, has successfully completed the third academic year of his or her eligible program. (d) Transfer student's grade point average. Under the ACG and National SMART Grant programs, if a student transfers from another institution, the institution to which the student transfers-- [[Page 916]] (1) Must calculate the student's GPA for the student's first payment period of enrollment using the grades earned by the student in the coursework from any prior institution that it accepts towards the student's eligible program; or (2) If the institution accepts no credits towards the student's eligible program, must consider the student to be ineligible until the student completes at least one payment period in an eligible program with a qualifying GPA. (Authority: 20 U.S.C. 1070a-1) [71 FR 38004, July 3, 2006, as amended at 71 FR 64419, Nov. 1, 2006]