05 LC 28
2192S
House
Bill 299 (COMMITTEE SUBSTITUTE)
By:
Representatives Hembree of the
67th,
Ehrhart of the
36th,
Martin of the
47th,
and Smith of the
113th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of
Georgia Annotated, relating to HOPE scholarships and grants, so as to provide
for certain definitions; to limit the number of quarter or semester hours for
which HOPE scholarships may be received at public and private postsecondary
institutions; to provide for students in professional level programs; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to HOPE scholarships and grants, is amended by striking
paragraphs (7) and (8) of Code Section 20-3-519, relating to definitions
relating to HOPE scholarships and grants, and inserting in lieu thereof new
paragraphs (7) and(8) to read as follows:
"(7)
'Eligible postsecondary institution' means a school which is:
(A)
A unit of the University System of Georgia;
(B)
A branch of the Georgia Department of Technical and Adult Education or an
affiliated institution which is controlled by a local board of
education;
(C)
A private independent nonprofit postsecondary institution eligible for tuition
equalization grants in accordance with the provisions of subparagraph (A) of
paragraph (2) of Code Section 20-3-411;
or
(D)(i)
A private proprietary postsecondary institution
eligible
for tuition equalization grants in accordance with the provisions of
subparagraph (C) of paragraph (2) of Code Section
20-3-411
located in
this state which is a baccalaureate degree-granting institution of higher
education; which is accredited by a regional accrediting agency recognized by
the United States Department of Education; which is not a Bible school or
college or, at the graduate level, a school or college of theology or divinity;
which admits as regular students only persons who have a high school diploma, a
general educational development (GED) diploma, or a degree from an accredited
postsecondary institution; whose students are eligible to participate in the
federal Pell Grant program; which has been reviewed and approved for operation
by the Georgia Nonpublic Postsecondary Education Commission; and which has been
in existence for at least ten years; or
(ii)
Any proprietary institution that is otherwise qualified pursuant to division (i)
of this subparagraph on July 1, 1995, shall be deemed to be eligible for receipt
of HOPE funds subject to any subsequent review of such approval pursuant to any
proper regulations which may thereafter be adopted in accordance with paragraph
(10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified
proprietary institutions.
(8)
'Eligible private postsecondary institution' means an eligible postsecondary
institution which meets the criteria set out in
subparagraph
subparagraphs
(C) and
(D) of paragraph (7) of this Code
section."
SECTION
2.
Said
part is further amended by striking Code Section 20-3-519.2, relating to
eligibility requirements for a HOPE scholarship at a public postsecondary
institution, and inserting in lieu thereof a new Code Section 20-3-519.2 to read
as follows:
"20-3-519.2.
(a)
To be eligible for a HOPE scholarship, an entering freshman student seeking
an
associate or baccalaureate
a
degree at an eligible public postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission which shall be based upon the in-state
tuition policy of the board of regents and the in-state tuition guidelines set
by the Department of Technical and Adult Education;
(2)
Meet achievement standards by:
(A)
Having graduated from an eligible high school while meeting the curriculum
requirements of his or her program of study in 1993 or thereafter and meeting
the requirements set out in the applicable subsection and paragraph of Code
Section 20-2-157; or
(B)
In the case of a student who is otherwise qualified but:
(i)
Did not graduate from high school or complete a home study program meeting the
requirements of subsection (c) of Code Section 20-2-690, having received the
general educational development (GED) diploma awarded by the Georgia Department
of Technical and Adult Education after June 30, 1993, provided that such student
shall only be eligible for a HOPE scholarship pursuant to subsection (e) of
the
this
Code section;
(ii)
Completed a home study program meeting the requirements of subsection (c) of
Code Section 20-2-690 in lieu of graduating from an eligible high school,
earning a cumulative grade point average of at least 3.0 at an eligible public
postsecondary institution at the end of the quarter or semester in which the
student has attempted 45 quarter hours or 30 semester hours, provided that such
student shall be eligible to receive a retroactive HOPE scholarship for such
student́s
freshman year to be paid at the end of the freshman year; or
(iii)
Graduated from a high school which is not an eligible high school, earning a
cumulative grade point average of at least 3.0 at an eligible public
postsecondary institution at the end of the quarter or semester in which the
student has attempted 45 quarter hours or 30 semester hours, provided that such
student shall be eligible to receive a retroactive HOPE scholarship for such
student́s
freshman year to be paid at the end of the freshman year; and
(3)
Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate student in a matriculated status
or, in the
case of an otherwise eligible student who is classified as a professional level
student rather than an undergraduate student, being accepted into the
professional level program of study prior to receiving a baccalaureate
degree.
(b)
To be eligible for a HOPE scholarship, a sophomore student seeking
an
associate or baccalaureate
a
degree at an eligible public postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission which shall be based upon the in-state
tuition policy of the board of regents and the in-state tuition guidelines set
by the Department of Technical and Adult Education;
(2)
Meet achievement standards by meeting the following criteria:
(A)
Earning a cumulative grade point average of at least 3.0 at a postsecondary
institution:
(i)
At the end of the quarter or semester in which the student has attempted 45
quarter hours or 30 semester hours if such student is a full-time student;
or
(ii)
At the end of three consecutive quarters or semesters if such student is a
part-time student and has maintained part-time student status for three
consecutive quarters or semesters; and
(B)
Maintaining satisfactory academic progress in a course of study in accordance
with the standards and practices used for federal Title IV programs by the
postsecondary institution in which the student is enrolled; and
(3)
Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate student in a matriculated status or, in the case of an otherwise
eligible student who is classified as a professional level student rather than
an undergraduate student, being accepted into the professional level program of
study prior to receiving a baccalaureate degree.
(c)
To be eligible for a HOPE scholarship, a junior student seeking a
baccalaureate
degree at a public postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission which shall be based upon the in-state
tuition policy of the board of regents and the in-state tuition guidelines set
by the Department of Technical and Adult Education;
(2)
Meet achievement standards by meeting the following criteria:
(A)
Earning a cumulative grade point average of at least 3.0 at a postsecondary
institution at the end of the quarter or semester in which the student has
attempted 90 quarter hours or 60 semester hours; and
(B)
Maintaining satisfactory academic progress in a course of study in accordance
with the standards and practices used for federal Title IV programs by the
postsecondary institution in which the student is enrolled; and
(3)
Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate student in a matriculated status or, in the case of an otherwise
eligible student who is classified as a professional level student rather than
an undergraduate student, being accepted into the professional level program of
study prior to receiving a baccalaureate degree.
(d)
To be eligible for a HOPE scholarship, a senior student seeking a
baccalaureate
degree at a public postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission which shall be based upon the in-state
tuition policy of the board of regents and the in-state tuition guidelines set
by the Department of Technical and Adult Education;
(2)
Meet achievement standards by meeting the following criteria:
(A)
Earning a cumulative grade point average of at least 3.0 at a postsecondary
institution at the end of the quarter or semester in which the student has
attempted 135 quarter hours or 90 semester hours; and
(B)
Maintaining satisfactory academic progress in a course of study in accordance
with the standards and practices used for federal Title IV programs by the
postsecondary institution in which the student is enrolled; and
(3)
Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate student in a matriculated status or, in the case of an otherwise
eligible student who is classified as a professional level student rather than
an undergraduate student, being accepted into the professional level program of
study prior to receiving a baccalaureate degree.
(e)(1)(A)
A full-time student who fails to maintain a cumulative grade point average of at
least 3.0 at the end of the quarter or semester in which the student has
attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter
or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time
student who regains a cumulative grade point average of at least 3.0 at the end
of a quarter or semester in which the full-time student has attempted 90 or 135
quarter hours or 60 or 90 semester hours may requalify for a HOPE
scholarship.
(B)
An otherwise eligible part-time student who regains or attains a cumulative
grade point average of at least 3.0 at the end of a quarter or semester in which
the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or
90 semester hours may attain or requalify for a HOPE scholarship.
(2)
In addition to other requirements, and regardless of quarter hours or semester
hours of coursework attempted, a student who fails to possess a cumulative grade
point average of at least 3.0 at the end of each spring quarter or semester or
at the end of three consecutive quarters or semesters for a part-time student
pursuant to paragraph (2) of subsection (b) of this Code section shall be
ineligible for a HOPE scholarship until such time as the student regains or
attains a cumulative grade point average of at least 3.0 at one of the 45, 90,
or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or
90 semester hour grade point average checkpoints, at which time the student will
regain or attain eligibility if other terms and conditions in this Code section
are also satisfied.
(f)
For students eligible for a HOPE scholarship under this Code section, no minimum
number of hours of enrollment is required.
(g)(1)
Except as
set out in paragraph (2) of this subsection,
a
A
student may receive the HOPE scholarship until the first of these
events:
(A)
The student has earned a baccalaureate degree; or
(B)
The student has attempted at any postsecondary institution a total of 190
quarter hours or 127 semester hours.
(2)
A student enrolled
prior to the
fall quarter or semester beginning after July 1,
2005, in an undergraduate degree program
designed to be more than 190 quarter hours or 127 semester hours in length is
eligible to receive the HOPE scholarship for the lesser of:
(A)
A total of 225 attempted quarter hours or 150 attempted semester hours;
or
(B)
The number of hours required for graduation if the student has a cumulative
grade point average of at least 3.0 after the term in which the student
attempted 190 quarter hours or 127 semester hours.
(3)
For purposes of this subsection, attempted hours shall include hours for courses
taken pursuant to Code Section
20-2-161.1."
SECTION
3.
Said
part is further amended by striking Code Section 20-3-519.3, relating to
eligibility requirements for a HOPE scholarship at a private postsecondary
institution, and inserting in lieu thereof a new Code Section 20-3-519.3 to read
as follows:
"20-3-519.3.
(a)
To be eligible for a HOPE scholarship, an entering freshman student seeking
an
associate or baccalaureate
a
degree at an eligible private postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission;
(2)
Meet achievement standards by:
(A)
Having graduated from an eligible high school while meeting the curriculum
requirements of his or her program of study in 1996 or thereafter and meeting
the requirements set out in the applicable paragraph of subsection (b) of Code
Section 20-2-157; or
(B)
In the case of a student who is otherwise qualified but:
(i)
Did not graduate from high school or complete a home study program meeting the
requirements of subsection (c) of Code Section 20-2-690, having received the
general educational development (GED) diploma awarded by the Georgia Department
of Technical and Adult Education after June 30, 1993, provided that such student
shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this
Code section;
(ii)
Completed a home study program meeting the requirements of subsection (c) of
Code Section 20-2-690 in lieu of graduating from an eligible high school,
earning a cumulative grade point average of at least 3.0 at an eligible public
postsecondary institution at the end of the quarter or semester in which the
student has attempted 45 quarter hours or 30 semester hours, provided that such
student shall be eligible to receive a retroactive HOPE scholarship for such
student́s
freshman year to be paid at the end of the freshman year; or
(iii)
Graduated from a high school which is not an eligible high school, earning a
cumulative grade point average of at least 3.0 at an eligible public
postsecondary institution at the end of the quarter or semester in which the
student has attempted 45 quarter hours or 30 semester hours, provided that such
student shall be eligible to receive a retroactive HOPE scholarship for such
student́s
freshman year to be paid at the end of the freshman year; and
(3)
Meet enrollment standards by:
(A)
Being admitted, enrolled, and classified as an undergraduate student in a
matriculated status
or, in the
case of an otherwise eligible student who is classified as a professional level
student rather than an undergraduate student, being accepted into the
professional level program of study prior to receiving a baccalaureate
degree; and
(B)
Being registered for and attending classes as at least a half-time student for
14 days or more after the last day of the
institutiońs
drop and add period.
(b)
To be eligible for a HOPE scholarship, a sophomore student seeking
an
associate or baccalaureate
a
degree at an eligible private postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission;
(2)
Meet achievement standards by meeting the following criteria:
(A)
Earning a cumulative grade point average of at least 3.0 at a postsecondary
institution:
(i)
At the end of the quarter or semester in which the student has attempted 45
quarter hours or 30 semester hours if such student is a full-time student;
or
(ii)
At the end of three consecutive quarters or semesters if such student is a
half-time student and has maintained part-time student status for three
consecutive quarters or semesters; and
(B)
Maintaining satisfactory academic progress in a course of study in accordance
with the standards and practices used for federal Title IV programs by the
postsecondary institution in which the student is enrolled; and
(3)
Meet enrollment standards by:
(A)
Being admitted, enrolled, and classified as an undergraduate student in a
matriculated status or, in the case of an otherwise eligible student who is
classified as a professional level student rather than an undergraduate student,
being accepted into the professional level program of study prior to receiving a
baccalaureate degree; and
(B)
Being registered for and attending classes as at least a half-time student for
14 days or more after the last day of the
institutiońs
drop and add period.
(c)
To be eligible for a HOPE scholarship, a junior student seeking a
baccalaureate
degree at an eligible private postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission;
(2)
Meet achievement standards by meeting the following criteria:
(A)
Earning a cumulative grade point average of at least 3.0 at a postsecondary
institution at the end of the quarter or semester in which the student has
attempted 90 quarter hours or 60 semester hours; and
(B)
Maintaining satisfactory academic progress in a course of study in accordance
with the standards and practices used for federal Title IV programs by the
postsecondary institution in which the student is enrolled; and
(3)
Meet enrollment standards by:
(A)
Being admitted, enrolled, and classified as an undergraduate student in a
matriculated status or provided that in the case of an otherwise eligible
student who is classified as a professional level student rather than an
undergraduate student, have been accepted into the professional level program of
study prior to receiving a baccalaureate degree; and
(B)
Being registered for and attending classes as at least a half-time student for
14 days or more after the last day of the
institutiońs
drop and add period.
(d)
To be eligible for a HOPE scholarship, a senior student seeking a
baccalaureate
degree at an eligible private postsecondary institution shall:
(1)
Meet residency requirements by meeting the requirements to be classified as a
legal resident of Georgia as established by the program regulations promulgated
by the Georgia Student Finance Commission;
(2)
Meet achievement standards by meeting the following criteria:
(A)
Earning a cumulative grade point average of at least 3.0 at a postsecondary
institution at the end of the quarter or semester in which the student has
attempted 135 quarter hours or 90 semester hours; and
(B)
Maintaining satisfactory academic progress in a course of study in accordance
with the standards and practices used for federal Title IV programs by the
postsecondary institution in which the student is enrolled; and
(3)
Meet enrollment standards by:
(A)
Being admitted, enrolled, and classified as an undergraduate student in a
matriculated status or, in the case of an otherwise eligible student who is
classified as a professional level student rather than an undergraduate student,
being accepted into the professional level program of study prior to receiving a
baccalaureate degree; and
(B)
Being registered for and attending classes as at least a half-time student for
14 days or more after the last day of the
institutiońs
drop and add period.
(e)(1)(A)
An otherwise eligible full-time student who fails to maintain a cumulative grade
point average of at least 3.0 at the end of the quarter or semester in which the
student has attempted 45 quarter hours or 30 semester hours may attend the next
45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time
student who regains a cumulative grade point average of at least 3.0 at end of
the quarter or semester in which the full-time student has attempted 90 quarter
hours or 60 semester hours may requalify for a HOPE scholarship. A full-time
student who regains a cumulative grade point average of at least 3.0 at the end
of the quarter or semester in which the full-time student has attempted 135
quarter hours or 90 semester hours may requalify for a HOPE
scholarship.
(B)
An otherwise eligible half-time student who regains or attains a cumulative
grade point average of at least 3.0 at the end of a quarter or semester in which
the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or
90 semester hours may attain or requalify for a HOPE scholarship.
(2)
In addition to other requirements, and regardless of quarter or semester hours
of coursework attempted, a student who fails to possess a cumulative grade point
average of at least 3.0 at the end of each spring quarter or semester or at the
end of three consecutive quarters or semesters for a half-time student pursuant
to paragraph (2) of subsection (b) of this Code section shall be ineligible for
a HOPE scholarship until such time as the student regains or attains a
cumulative grade point average of at least 3.0 at one of the 45, 90, or 135
quarter hour grade point average checkpoints or at one of the 30, 60, or 90
semester hour grade point average checkpoints, at which time the student will
regain or attain eligibility if other terms and conditions in this Code section
are also satisfied.
(f)(1)
Except as
set out in paragraph (2) of this subsection,
a
A
student may receive a HOPE scholarship until the first of these
events:
(A)
The student has earned a baccalaureate degree; or
(B)
The student has attempted at any postsecondary institution a total of 190
quarter hours or 127 semester hours.
(2)
A student enrolled
prior to the
fall quarter or semester beginning after July 1,
2005, in an undergraduate degree program
designed to be more than 190 quarter hours or 127 semester hours in length is
eligible to receive a HOPE scholarship for the lesser of:
(A)
A total of 225 attempted quarter hours or 150 attempted semester hours;
or
(B)
The number of hours required for graduation if the student has a cumulative
grade point average of at least 3.0 after the term in which the student
attempted 190 quarter hours or 127 semester hours.
(3)
For purposes of this subsection, attempted hours shall include hours for courses
taken pursuant to Code Section 20-2-161.1.
(g)(1)
Except as provided for in paragraph (2), subject to the amounts appropriated by
the General Assembly and provisions relating to the scholarship shortfall
reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under
this Code section shall be not less than $3,000.00 for any academic
year.
(2)
Effective beginning with the fall quarter or semester commencing after July 1,
2004, subject to the amounts appropriated by the General Assembly and provisions
relating to the scholarship shortfall reserve subaccount in Code Section
50-27-13, a HOPE scholarship awarded under this Code section shall be not less
than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment
for any academic
year."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.