Title 16 — Title 16

This chapter shall be known as the “Alabama Educational Benefits for Dependents of Blind Parents Act.” History: (Acts 1966, Ex. Sess., No. 281, p. 422, §13.)

Person. The benefits under this chapter shall not extend beyond the lives of the immediate children of the blind person concerned. History: (Acts 1966, Ex. Sess., No. 281, p. 422, §10.)

Government. No child may obtain any benefits under this chapter if the federal or state government through any legislation provides for payment to any person, institution or organization on behalf of such child for the purpose of providing opportunity for educational training; pr…

Tuition benefits received under the provisions of this chapter shall be called “Alabama Scholarships for Dependents of Blind Parents.” History: (Acts 1966, Ex. Sess., No. 281, p. 422, §12.)

The phrase “tuition and fees” shall include and mean fees known and classed as instructional fees. History: (Acts 1966, Ex. Sess., No. 281, p. 422, §9.)

The purpose of this chapter is to provide educational benefits in institutions of higher learning in Alabama for children from families in which the head of the family is blind and whose family income is insufficient to provide such educational benefits. The terms of this chapter…

Payment of Fees or Tuition; Provision of Textbooks. (a) Any child in a family where the head of the household is blind and the family income is not greater than 1.3 times the current poverty income level, as determined by federal poverty guidelines based upon the number of family…

Any person who applies for benefits under this chapter must produce sufficient proof of being a permanent resident of this state for at least five years prior to application, sufficient proof of his or her eligibility under the terms and conditions of this chapter and sufficient …

Determination of Eligibility. All applications for benefits accruing under this chapter must be made to the State Department of Education. The State Superintendent of Education, or any official of the department designated by him, is hereby charged with the responsibility and dut…

Education. The State Department of Education shall furnish, and assist in preparing and producing, all necessary blanks, forms and other matters necessary for children to obtain the benefits provided under this chapter. The State Superintendent of Education shall cause to be forw…

The county superintendent of education and the city superintendent of schools in each respective county and city must inform the teachers of their county and city of the provisions and benefits of this chapter, who in turn shall inform the children, whose blind parent is the head…

and Other Entrance Requirements. Nothing in this chapter shall be construed as lowering the standards or requirements, or as making any exceptions thereto for entrance into any of the state schools or institutions affected by this chapter. All applicants, in order to obtain the e…

As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings respectively ascribed to them by this section: (1) ACHE. The Alabama Commission on Higher Education. (2) ALABAMA RESIDENT. A person who has been domiciled in the State of A…

Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such false statement or misrepresentation knowing the same to be false, for the purpose of wrongfully obtaining a grant under this chapter or enabling an individual student to wro…

Should ACHE cease to exist or function, the responsibility for the Alabama Student Grant Program shall be placed on its successor agency and, if none, then upon the State Board of Education. History: (Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §13.)

The Legislature declares that there exists within the State of Alabama a number of accredited independent colleges and universities whose facilities could be used more effectively in the public interest by the grant of financial assistance to residents of the state who choose to …

Institutions on Behalf of Students. There is granted to each eligible student attending an approved institution the sum of three thousand dollars ($3,000) per academic year, which sum shall be distributed to the institution on behalf of and to the credit of the student in accorda…

The Alabama Student Grant Program created under this chapter shall be administered by the Alabama Commission on Higher Education. The Executive Director of the ACHE shall have primary responsibility for the administration of the program, including appropriate staffing, in accorda…

(a) Basic powers. ACHE may adopt rules, policies, and procedures as may be reasonable and proper in order to carry out the purposes of this chapter. Without limiting the generality of the foregoing, ACHE may do all of the following: (1) Adopt reasonable rules and determinations c…

(a) Availability of grants. Grants shall be available to eligible students and shall be paid to approved institutions on behalf of and to the credit of such students, without regard to place of residence within the State of Alabama, age, race, color, creed, sex or national origin…

(a) In the case of a student enrolled in an institution which has a religious or denominational affiliation, the ACHE shall devise and implement rules, regulations and procedures to insure that the maximum amount of assistance available to a student at a given institution under t…

Educational Institutions. The Department of Examiners of Public Accounts is hereby authorized and empowered to audit the records of any said institution of postsecondary education which receives any such grants as a result of this chapter to the same extent, degree and scope as i…

Should funds appropriated to the Alabama Student Grant Program be insufficient to provide each eligible student with a full grant for the term or terms requested, each eligible student shall receive a pro rata grant share of the available funds. History: (Acts 1978, 2nd Ex. Sess.…

As used in this chapter, unless the context clearly requires a different meaning, the following words shall have the following meanings: (1) ACHE. The Alabama Commission on Higher Education. (2) APPROVED LENDER. Any eligible institution, or any bank, trust company, savings and lo…

The Legislature declares that there exists within the State of Alabama a lack of sufficient availability of loans to residents of Alabama who choose to attend a postsecondary educational institution and who have a financial need in order to pay a portion or all of such residents’…

The Alabama Guaranteed Student Loan Program created under this chapter shall be administered by the Alabama Commission on Higher Education. The Executive Director of the Alabama Commission on Higher Education shall have the primary responsibility for the administration of the pro…

Education for the Alabama Guaranteed Student Loan Program. (a) Basic powers. The Alabama Commission on Higher Education (ACHE) is authorized to administer the Alabama Guaranteed Student Loan Program in accordance with the Federal Student Loan Law, and empowered to promulgate such…

Each approved institution and eligible institution shall be subject to examination at any time by ACHE or the Examiner of Public Accounts for the purpose of determining whether such institution has complied with the provisions of this chapter and the rules and regulations promulg…

Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such false statement or misrepresentation knowing the same to be false, for the purpose of enabling an individual or institution to wrongfully obtain moneys under this program, sh…

The loan program may not be dissolved until all guaranteed loans have been repaid by the borrowers, or if in default, by ACHE. Upon dissolution of the loan program, all the property and moneys of the program not owed to the federal government shall vest in the Education Trust Fun…

The Attorney General or his agent shall act as legal counsel to ACHE for the Alabama Guaranteed Student Loan Program. When the collection of loans on which ACHE has met its guarantee obligation requires legal action outside the State of Alabama, ACHE, upon recommendation of the A…

The Legislature of Alabama hereby finds and determines that the advancement and improvement of higher education in the State of Alabama is a proper governmental function and purpose of the State of Alabama. Additionally, the Legislature of Alabama intends to establish a qualified…

(a) The ACES Program is established as one savings alternative under the plan whereby contributors open ACES savings accounts according to savings agreements for the payment of qualified higher education expenses for a designated beneficiary, as those terms are defined or used in…

(a) Each savings agreement made pursuant to this chapter shall include, but shall not be limited to, the following terms and provisions: (1) The maximum and minimum annual contributions and maximum account balance allowed on behalf of a designated beneficiary. (2) Provisions for …

In addition to any other requirements of this chapter, the Savings Board shall: (1) Make available summary information on the ABLE Program and ACES Program to all contributors to savings agreements. (2) Prepare, or cause to be prepared, an annual accounting of the ABLE Program an…

In the event of dissolution of the ACES Program by the Alabama Legislature, any balances which remain in the ACES Trust Fund and in the ACES Administrative Fund after all costs and liabilities of the ACES Program have been paid, shall be returned to contributors according to savi…

Repealed by Act 2015-538, 2nd Sp. Sess., §2, effective September 17, 2015. History: (Act 2010-725, p. 1800, §1.)

Purpose. Repealed by Act 2015-538, 2nd Sp. Sess., §2, effective September 17, 2015. History: (Act 2010-725, p. 1800, §2.)

(a) There is annually appropriated from the Education Trust Fund to the PACT Trust Fund the following amounts in the following fiscal years: (1) For the fiscal year ending 2016 -- $33,952,000; (2) For the fiscal year ending 2017 -- $63,622,000; (3) For the fiscal year ending 2018…

Repealed by Act 2012-198, §3, effective April 12, 2012. History: (Act 2010-725, p. 1800, §4.)

On behalf of all current and future postsecondary students, the Legislature strongly encourages all public institutions of higher education to limit any annual percentage increases in mandatory fees and tuition to the average percentage amount such fees and tuition were annually …

Repealed by Act 2012-198, §3, effective April 12, 2012. History: (Act 2010-725, p. 1800, §12.)

This chapter shall be known as the “Wallace-Folsom Savings Investment Plan Act.” History: (Acts 1989, No. 89-862, p. 1717, §2; Act 2001-427, p. 544, §1; Act 2015- 442, §1.)

There is hereby created the Wallace-Folsom Savings Investment Plan as an agency and instrumentality of the State of Alabama. The plan consists of the PACT Program, the ACES Program, and the ABLE Program. The plan shall be administered by the State Treasurer in accordance with the…

In the event that the PACT Program’s Board of Directors receives an actuarial report certifying that any appropriation made in Section 16-33C-14, Section 16- 33C-15, or Section 16-33C-16 is no longer necessary, the PACT Program’s Board of Directors shall certify to the Legislatur…

Any funds in the PACT Trust Fund remaining after the payment of all of the obligations of the fund shall be transferred to the Education Trust Fund in the fiscal year immediately following the year in which the last obligations are met. History: (Act 2010-725, p. 1800, §6.)

Once all benefits or obligations owed to the PACT contract holders have been paid, the PACT Program shall be dissolved and the provisions of this chapter shall be void. History: (Act 2010-725, p. 1800, §13.)

The PACT Board is expressly authorized to negotiate, accept, and implement a legally binding resolution with PACT purchasers and beneficiaries to address any actuarial deficit in the PACT Trust Fund, which includes all powers granted elsewhere in this chapter and all other powers…

(a) The ABLE Program includes the ABLE Trust Fund, and may be marketed under a different name than ABLE. The ABLE Trust Fund is hereby created and comprised of separate ABLE Savings Accounts established pursuant to this chapter. The ABLE Trust Fund receives contributions to ABLE …

(a) In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of the ABLE Program and ACES Program, the Savings Board, and any person, investment manager, or committee to whom the Savings Board delegates any of its investment auth…