1. (a) To receive a disbursement through the TEXAS Grant Program, a student must:

   1. (1) be a resident of Texas, as evidenced by answers to the Board's core residency questions;
   2. (2) show financial need;
   3. (3) have applied for any available financial aid assistance;
   4. (4) not have been granted a baccalaureate degree;
   5. (5) be a graduate of an accredited high school in this state not earlier than the 1998-99 school year,

   6. (6) complete the Recommended or Advanced High School Program established under the Texas Education Code, §28.002 or §28.025, or its equivalent, unless the student:

      1. (A) graduated from a public high school that has been certified by its district not to offer all the courses necessary to complete all parts of the Recommended or Advanced High School Program, and the student has completed all courses that the high school offered toward the completion of such a curriculum; or
      2. (B) did not graduate under the Recommended or Advanced High School Program as anticipated when the award was made;
      3. (C) has received an associate degree from an eligible institution no earlier than May 1, 2001;

   7. (7) enroll in an eligible institution on at least a three-quarter time basis:

      1. (A) not later than the end of the 16th month after high school graduation, if an entering undergraduate student; or
      2. (B) not later than the end of the 12th month after a student has received an associate degree.

2. (b) To receive a continuation award through the TEXAS Grant Program, a student must:

   1. (1) have previously received an initial disbursement through this program;
   2. (2) show financial need;
   3. (3) be enrolled at least three-quarter time;
   4. (4) be enrolled in an undergraduate degree or certificate program at an eligible institution;
   5. (5) not have been granted a baccalaureate degree; and

   6. (6) make satisfactory academic progress towards an undergraduate degree or certificate, which requires:

      1. (A) in the person's first academic year that he or she met the satisfactory academic progress requirements as indicated by the financial aid office of his or her institution; and
      2. (B) in subsequent years, completion of at least 75 percent of the hours attempted in the student's most recent academic year, and maintenance of an overall grade point average of at least 2.5 on a four point scale or its equivalent, for all coursework attempted at public or private or independent institutions of higher education;

   7. (7) If a student's eligibility was based on the expectation that the student would complete the Recommended or Advanced High School Program, and the student failed to do so, then in order to resume eligibility such a student must:

      1. (A) receive an associate's degree;
      2. (B) meet all other qualifications for a TEXAS Grant; and
      3. (C) if required by the institution through which the TEXAS Grant was made, repay the amount of the TEXAS Grant that was previously paid.

3. (c) Discontinuation of Eligibility or Non-Eligibility.

   1. (1) Unless granted a hardship postponement in accordance with §22.229(c) of this title (relating to Hardship Provisions), a student's eligibility for a TEXAS Grant ends six years from the start of the semester or term in which the student received his or her initial disbursement of a TEXAS Grant, if the student's eligibility for a TEXAS Grant was based on the completion of the Recommended or Advanced High School Program or its equivalent in high school.
   2. (2) Unless granted a hardship postponement in accordance with §22.229(c) of this title (relating to Hardship Provisions), a student's eligibility ends four years from the date of the semester or term in which the student received his or her initial disbursement of a TEXAS Grant if the student's eligibility was based on receiving an associate's degree.
   3. (3) A student's eligibility ends one year from the date of the semester or term in which the student received his or her initial disbursement, if the student's eligibility was based on the expectation that the student would complete the Recommended or Advanced High School Program, but the student failed to do so. However, if such a student later receives an associate's degree and again qualifies for TEXAS Grants, he or she receives an additional four years of eligibility.
   4. (4) A student may receive a TEXAS Grant for no more than 150 semester credit hours or the equivalent, or for no more than 90 semester credit hours for an individual who is eligible for a TEXAS Grant based on receipt of an associate's degree.

   5. (5) A person is not eligible to receive an initial or continuation TEXAS Grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

      1. (A) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or
      2. (B) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a TEXAS Grant.
   6. (6) Other than as described in §22.229 of this title (relating to Hardship Provisions), if a person fails to meet any of the requirements for receiving a continuation award as outlined in subsection (b) of this section after completion of any year, the person may not receive a TEXAS Grant until he or she completes courses while not receiving a TEXAS Grant and meets all the requirements of subsection (b) of this section as of the end of that period of enrollment.

Source Note:The provisions of this §22.228 adopted to be effective December 28, 1999, 24 TexReg 11751; amended to be effective November 26, 2001, 26 TexReg 9617; amended to be effective March 2, 2003, 28 TexReg 1862; amended to be effective December 7, 2003, 28 TexReg 10759.