08 SB492/AP
Senate
Bill 492
By:
Senators Bulloch of the 11th and Harp of the 29th
AS
PASSED
AN
ACT
To
amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating
to postsecondary education, so as to revise requirements relating to in-state
tuition; to provide for definitions; to add an additional accrediting entity to
the definition of the term "eligible high school"; to change certain provisions
relating to residency requirements for a HOPE scholarship at a public
postsecondary institution; to change certain provisions relating to residency
requirements for a HOPE scholarship at a private postsecondary institution; to
provide that postsecondary level course hours taken prior to high school
graduation will count towards hourly caps under certain conditions; to provide
that enrollment in postsecondary courses at a branch of the Georgia Department
of Technical and Adult Education will not count against the hourly caps for HOPE
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.
Chapter
3 of Title 20 of the Official Code of Georgia Annotated, relating to
postsecondary education, is amended by revising Code Section 20-3-66, relating
to determination of resident status of students for tuition or fees, as
follows:
"20-3-66.
(a)
As used in this Code section, the term:
(1)
'Dependent student' means an individual under the age of 24 who receives
financial support from a parent or United States court appointed legal
guardian.
(2)
'Emancipated' means a minor who, under certain circumstances, may be treated by
the law as an adult. A student reaching the age of 18 shall not qualify for
consideration of reclassification by virtue of having become emancipated unless
he or she can demonstrate financial independence and domicile independent of his
or her parents.
(3)
'Independent student' means an individual who is not claimed as a dependent on
the federal or state income tax returns of a parent or United States court
appointed legal guardian and whose parent or guardian has ceased to provide
support and right to that individual´s care, custody, and
earnings.
(b)(1)
An independent student who has established and maintained a domicile in the
State of Georgia for a period of at least 12 consecutive months immediately
preceding the first day of classes for the term shall be classified as in-state
for tuition purposes. No student shall gain or acquire in-state classification
while attending any postsecondary educational institution in this state without
clear evidence of having established domicile in Georgia for purposes other than
attending a postsecondary educational institution in this state.
(2)
If an independent student classified as in-state for tuition purposes relocates
out of state temporarily but returns to the State of Georgia within 12 months of
the relocation, such student shall be entitled to retain his or her in-state
tuition classification.
(c)(1)
A dependent student shall be classified as in-state for tuition purposes if such
dependent student´s parent has established and maintained domicile in the
State of Georgia for at least 12 consecutive months immediately preceding the
first day of classes for the term and:
(A)
The student has graduated from a Georgia high school; or
(B)
The parent claimed the student as a dependent on the parent´s most recent
federal or state income tax return.
(2)
A dependent student shall be classified as in-state for tuition purposes if such
student´s United States court appointed legal guardian has established and
maintained domicile in the State of Georgia for at least 12 consecutive months
immediately preceding the first day of classes for the term, provided that such
appointment was not made to avoid payment of out-of-state tuition, and such
guardian can provide clear evidence of having established and maintained
domicile in the State of Georgia for a period of at least 12 consecutive months
immediately preceding the first day of classes for the term.
(3)
If the parent or United States court appointed legal guardian of a dependent
student currently classified as in-state for tuition purposes establishes
domicile outside of the State of Georgia after having established and maintained
domicile in the State of Georgia, such student may retain his or her in-state
tuition classification so long as such student remains continuously enrolled in
a public postsecondary educational institution in this state, regardless of the
domicile of such student´s parent or United States court appointed legal
guardian.
(d)
Noncitizen students shall not be classified as in-state for tuition purposes
unless the student is legally in this state and there is evidence to warrant
consideration of in-state classification as determined by the board of regents.
Lawful permanent residents, refugees, asylees, or other eligible noncitizens as
defined by federal Title IV regulations may be extended the same consideration
as citizens of the United States in determining whether they qualify for
in-state classification. International students who reside in the United States
under nonimmigrant status conditioned at least in part upon intent not to
abandon a foreign domicile shall not be eligible for in-state
classification."
SECTION
2.
Said
chapter is further amended by revising paragraph (6) of Code Section 20-3-519,
relating to definitions applicable to HOPE scholarships and grants, as
follows:
"(6)
'Eligible high school' means a public or private secondary school which
is:
(A)
Located in Georgia and accredited as such by:
(i)
The Southern Association of Colleges and Schools;
(ii)
The Georgia Accrediting Commission;
(iii)
The Georgia Association of Christian Schools;
(iv)
The Association of Christian Schools International;
(v)
The Georgia Private School Accreditation Council;
(vi)
The Accrediting Commission for Independent Study; or
(vii)
The Southern Association of Independent Schools; or
(B)
Located in another state and accredited by one of the following regional or
state accrediting entities:
(i)
The Southern Association of Colleges and Schools;
(ii)
The New England Association of Schools and Colleges;
(iii)
The Middle States Association of Colleges and Schools;
(iv)
The North Central Association of Colleges and Schools;
(v)
The Northwestern Association of Schools and Colleges;
(vi)
The Western Association of Schools and Colleges;
(vii)
The Alabama Independent School Association;
(viii)
The Southern Association of Independent Schools; or
(ix)
The Florida Council of Independent Schools."
SECTION
3.
Said
chapter is further amended by revising Code Section 20-3-519.2, relating to
eligibility requirements for a HOPE scholarship at a public postsecondary
institution, as follows:
"20-3-519.2.
(a)
To be eligible for a HOPE scholarship, an entering freshman student seeking an
associate or baccalaureate degree at an eligible public postsecondary
institution shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded.
Notwithstanding
the foregoing, a dependent child of military personnel stationed in Georgia
shall be deemed to be a legal resident of Georgia and, subject to meeting all
other eligibility requirements, shall be eligible to receive the HOPE
scholarship as a freshman if the student graduated from a high school located in
Georgia or from a home study program meeting the requirements of Code Section
20-2-690 that is located in Georgia;
(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 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
student´s 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
student´s 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.
(b)
To be eligible for a HOPE scholarship, a sophomore student seeking an associate
or baccalaureate degree at an eligible public postsecondary institution
shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded;
(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.
(c)
To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate
or first professional degree at a public postsecondary institution
shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded;
(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 first professional degree student rather
than an undergraduate student, being accepted into the first professional degree
program of study prior to receiving a baccalaureate degree.
(d)
To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate
or a first professional degree at a public postsecondary institution
shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded;
(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 first professional degree student rather
than an undergraduate student, being accepted into the first professional degree
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 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 in an undergraduate or first professional 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)
Notwithstanding anything herein to the contrary, attempted hours shall include
all postsecondary level course hours taken prior to high school graduation if
such student does not qualify for the HOPE scholarship as an entering freshman
based solely on his or her grade point average. As used in this paragraph, the
term 'postsecondary level course hours' means hours accepted by the
student´s eligible postsecondary institution for credit when the student
enters as a freshman.
(h)(1)
Subject to the amounts appropriated by the General Assembly and provisions
relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE
scholarship awarded under this Code section shall include tuition, approved
mandatory fees, and a book allowance not to exceed $100.00 per quarter or
$150.00 per semester, except as otherwise provided for in paragraphs (2) and (3)
of this subsection.
(2)
Effective beginning with the fall quarter or semester commencing after July 1,
2004, the amount of mandatory fees paid shall be equal to such amount or amounts
that were paid on January 1, 2004, except as otherwise provided for in Code
Section 50-27-13.
(3)
Paragraph (2) of this subsection shall not apply to an eligible public
postsecondary institution established by law on or after January 1, 2004. For
any eligible public postsecondary institution established on or after January 1,
2004, the amount of the mandatory fees paid shall be equal to such amount or
amounts initially approved for that new eligible public postsecondary
institution for its first year of operation by action of the board of regents or
the Department of Technical and Adult Education, as applicable, except as
otherwise provided for in Code Section 50-27-13."
SECTION
4.
Said
chapter is further amended by revising Code Section 20-3-519.3, relating to
eligibility requirements for a HOPE scholarship at a private postsecondary
institution, as follows:
"20-3-519.3.
(a)
To be eligible for a HOPE scholarship, an entering freshman student seeking an
associate or baccalaureate degree at an eligible private postsecondary
institution shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded.
Notwithstanding
the foregoing, a dependent child of military personnel stationed in Georgia
shall be deemed to be a legal resident of Georgia and, subject to meeting all
other eligibility requirements, shall be eligible to receive the HOPE
scholarship as a freshman if the student graduated from a high school located in
Georgia or from a home study program meeting the requirements of Code Section
20-2-690 that is located in Georgia;
(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
student´s 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
student´s 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; 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 institution´s drop and add
period.
(b)
To be eligible for a HOPE scholarship, a sophomore student seeking an associate
or baccalaureate degree at an eligible private postsecondary institution
shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded;
(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; 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 institution´s drop and add
period.
(c)
To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate
or first professional degree at an eligible private postsecondary institution
shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded;
(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 first professional degree student rather than an
undergraduate student, have been accepted into the first professional degree
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 institution´s drop and add
period.
(d)
To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate
or first professional degree at an eligible private postsecondary institution
shall:
(1)
Meet residency requirements by:
(A)
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; and
(B)(i)
If the student was classified as a legal resident of Georgia at the time of
graduation from high school or from a home study program meeting the
requirements of Code Section 20-2-690, then the student must have met the
requirements set forth in subparagraph (A) of this paragraph for a period of at
least 12 months immediately prior to the first day of classes for which the HOPE
scholarship is to be awarded; or
(ii)
If the student was not classified as a legal resident at the time of graduation
from high school or from a home study program meeting the requirements of Code
Section 20-2-690, then the student must have met the requirements set forth in
subparagraph (A) of this paragraph for a period of at least 24 months
immediately prior to the first day of classes for which the HOPE scholarship is
to be awarded;
(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 first professional degree student rather than an undergraduate
student, being accepted into the first professional degree 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 institution´s 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 the 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 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 in an undergraduate or first professional 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)
Notwithstanding anything herein to the contrary, attempted hours shall include
all postsecondary level course hours taken prior to high school graduation if
such student does not qualify for the HOPE scholarship as an entering freshman
based solely on his or her grade point average. As used in this paragraph, the
term 'postsecondary level course hours' means hours accepted by the
student´s eligible postsecondary institution for credit when the student
enters as a freshman.
(g)(1)
Except as provided for in paragraph (2) of this subsection, 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
4A.
Said
chapter is further amended by adding a new paragraph (5.1) and revising
paragraph (7) of Code Section 20-3-519, relating to definitions regarding HOPE
scholarships and grants, as follows:
"(5.1)
'Dual credit enrollment' means enrollment by a student in a postsecondary course
in which an agreement has been established between an eligible high school and
an eligible postsecondary institution wherein the student earns Carnegie units
of credit that count toward both high school graduation requirements and
postsecondary coursework requirements."
"(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;
(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)
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."
SECTION
4B.
Said
chapter is further amended by revising subsection (e) of Code Section
20-3-519.5, relating to eligibility for HOPE grants at a branch of the Georgia
Department of Technical and Adult Education, as follows:
"(e)
No student may receive HOPE grants for more than 95 quarter hours or 63 semester
hours of attempted coursework, except as provided for in subsection (f) of this
Code section. No student may receive more than a cumulative total of 190 quarter
hours or 127 semester hours of combined HOPE scholarships and grants, unless in
accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this
subsection, attempted hours shall not include hours for courses taken and paid
for by a HOPE grant while a student is participating in dual credit enrollment
with both an eligible high school and a branch of the Department of Technical
and Adult Education or a unit of the University System of Georgia. The
Department of Technical and Adult Education or the University System of Georgia,
as applicable, shall verify that the student is enrolled in an eligible high
school and shall notify the Georgia Student Finance Commission of the
student´s participation in dual credit enrollment."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.