12 2 STA T .3 222 PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8altern at iv e b a s e dupo nt h e S tate ’ s approved c riteria in section 415C( b ) (4) .‘ ‘(ii) Q uali f ies for the State’s m a x imum under -g raduate a w ard , as authori z ed under section 415C(b). ‘‘(iii) I s participating in, or has participated in, a F ederal, State, institutional, or communit y early information and intervention, mentoring, or outreach program, as recognized by the State agency admin- istering activities under this section. ‘‘( B ) Is receiving, or has received, a grant for access and persistence under this section, in accordance with para- graph (5). ‘‘(4) GRANT A W AR D . —O nce a student, including those stu- dents who have received early notification under paragraph ( 2 ) from the State, applies for admission to an institution that is a partner in the partnership, files a Free A pplication for Federal Student Aid and any related State form, and is deter- mined eligible by the State under paragraph ( 3 ), the State shall— ‘‘(A) issue the student a preliminary award certificate for a grant for access and persistence with estimated award amounts
and ‘‘(B) inform the student that payment of the grant for access and persistence award amounts is sub j ect to certification of enrollment and award eligibility by the institution of higher education. ‘‘(5) DU RAT IO NO F AWARD.—An eligible student who receives a grant for access and persistence under this section shall receive such grant award for each year of such student’s under- graduate education in which the student remains eligible for assistance under this title, including pursuant to section 4 8 4(c), and remains financially eligible as determined by the State, except that the State may impose reasonable time limits to degree completion. ‘‘(e) AD M INI S TRATI VE COST A L LOWAN C E.—A State that receives an allotment under this section may reserve not more than two percent of the funds made available annually through the allotment for State administrative functions re q uired to carry out this section. ‘‘(f) STATUTOR Y AND R E G ULATORY RELIEF FOR INSTITUTIONS OF H IG H ER E DUCATION.— T he Secretary may grant, upon the request of an institution of higher education that is in a partnership described in subsection (b)(2)(B)(ii) and that receives an allotment under this section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership. ‘‘(g) A P PLICA B ILITY RULE.—The provisions of this subpart that are not inconsistent with this section shall apply to the program authorized by this section. ‘‘(h) M AINTENANCE OF EFFORT RE Q UIREMENT.—Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (d) for the preceding fiscal year Waiver a utho rit y.
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