1. (a) A grant may be awarded to an institution of higher education for an Intensive Summer Program only if at least 50 percent of the students served in the program:

   1. (1) have a score on the Scholastic Assessment Test (SAT) or American College Test (ACT) that is equal to a score less than the national mean score;
   2. (2) have been awarded a grant under the federal Pell grant program;
   3. (3) are at least 20 years of age on the date the student initially enrolls in the institution of higher education; or
   4. (4) have enrolled or will initially enroll as a part-time student.

2. (b) The remaining 50 percent of students served by the program may include at-risk students as determined by:

   1. (1) the criteria described in subsection (a) of this section;
   2. (2) the Texas Success Initiative criteria as set forth in §§4.54, 4.57, and 4.59 of this title (relating to Exemptions/Exceptions; Minimum Passing Standards; and Determination of Readiness to Perform Freshman-Level Academic Coursework); or
   3. (3) other indicators of college or workforce readiness or means of identifying a student as being at risk of dropping out of school or college as determined by the institution.

Source Note:The provisions of this §4.212 adopted to be effective May 22, 2008, 33 TexReg 3938.