05 LC 28
2139
House
Bill 300
By:
Representatives Hembree of the
67th,
Walker of the
107th,
and Smith of the
113th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating
to definitions relating to tuition equalization grants at private colleges and
universities, so as to provide that proprietary institutions shall not be
eligible to receive tuition equalization grants; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 20-3-411 of the Official Code of Georgia Annotated, relating to
definitions relating to tuition equalization grants at private colleges and
universities, is amended by striking paragraphs (2) and (3) and inserting in
lieu thereof new paragraphs (2) and (3) to read as follows:
"(2)
'Approved school' means:
(A)
A nonproprietary institution of higher education located in this state which is
not a branch of the university system; which is accredited by the Southern
Association of Colleges and Schools; which is not a graduate level school or
college of theology or divinity; and which is not presently receiving state
funds under Article 4 of this chapter; provided, however, that an institution
which otherwise meets the requirements of this definition and of this subpart
except for the lack of accreditation by the Southern Association of Colleges and
Schools shall be deemed to be an 'approved school' during the period that the
institution holds candidate for accreditation status with the Southern
Association of Colleges and Schools;
(B)
A nonproprietary institution of higher education located outside the State of
Georgia which is a four-year or graduate level institution of higher education
that is, or is a part of, a college or university system that is owned and
operated by a state other than Georgia; which is accredited by the Southern
Association of Colleges and Schools; which is not a graduate level school or
college of theology or divinity; and which is located within 50 road miles, by
the nearest practical route of travel, of the home residence of one or more
eligible students. The term 'home residence,' for purposes of this subpart,
shall, in the case of a dependent student, mean the principal residence of the
parent or legal guardian of a student; and
(C)(i)
A qualified proprietary institution of higher education 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
and for receipt of tuition equalization grant funds by the Georgia Nonpublic
Postsecondary Education Commission; and which has been in existence for at least
ten years; provided, however, that the criteria for approval for receipt of
tuition equalization grant funds shall include but not be limited to areas of
course study, quality of instruction, student placement rate, research and
library sources, faculty, support staff, financial resources, physical plant
facilities resources, and support and equipment resources.
(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 tuition equalization grant funds subject, however, 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.
(iii)
Except as set forth in subparagraph (A) of paragraph (3) of this Code section,
no proprietary institutions shall be deemed eligible for receipt of tuition
equalization grant funds.
(3)
'Eligible student' means a person who:
(A)
Is enrolled in or accepted for enrollment
prior to the
fall quarter or semester beginning after July 1,
2005, as a full-time undergraduate level
student in an approved school or as a graduate level student if funds are
specifically appropriated in appropriations Acts of the General Assembly for
payment of grants to graduate level students;
(B)
Is or will be a citizen of Georgia for a period of at least 12 months
immediately prior to each date of registration in the approved
school;
(C)
Is not knowingly promoting or engaging in any activity which is determined by
the approved
schooĺs
governing body to be detrimental to the school; and
(D)
In the case of an approved school located outside the State of Georgia, is
enrolled or accepted for enrollment therein at an academic level beyond the
sophomore academic classification and whose home residence is, by the nearest
practical route of travel, located within 50 road miles of the approved school
and more than 50 road miles from the nearest four-year institution of the
University System of
Georgia."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.