08 LC 33
2313
House
Bill 1091
By:
Representatives Hembree of the
67th,
Cox of the
102nd,
Hatfield of the
177th,
Harbin of the
118th,
Burns of the
157th,
and others
A
BILL TO BE ENTITLED
AN ACT
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 for attaining residency
status for purposes of tuition; to provide for definitions; to provide that
students shall have graduated from an eligible high school or home study program
in this state to be eligible for HOPE scholarships and 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.
For
the purposes of determining resident status for tuition or fees, no person who
has attained the legal age of majority shall be deemed to have gained residence
while attending any educational institution in this state as a full-time
student, as such status is defined by the board of regents, in the absence of a
clear demonstration that he has established domicile in this state and has
otherwise complied with the rules governing the residency status of students as
adopted by the board. The residence, for tuition or fee purposes, of any person
receiving regular financial assistance from his parent, or whose parent´s
income was taken into account by any private or governmental agency furnishing
financial educational assistance to such person, including scholarships, loans,
or otherwise, shall be the same as that of his parent. In the event such
person´s parents have separate domiciles, his residence for tuition or fee
purposes shall be the domicile of the parent furnishing him the greater
financial assistance or the parent having the larger income if neither furnishes
such assistance.
(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 U.S. court appointed legal guardian, and such
parent or guardian claims such individual as a dependent on his or her most
recent federal or state income tax return.
(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 U.S. court appointed
legal guardian, and such 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.
(2)
A dependent student shall be classified as in-state for tuition purposes if such
student´s U.S. 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
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 U.S. court appointed legal guardian of a dependent student
currently classified as in-state for tuition purposes establishes domicile
outside of Georgia after having established and maintained domicile in the State
of Georgia, such student may retain his or her in-state tuition classification
as 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 U.S. court appointed legal
guardian."
SECTION
2.
Said
chapter is further amended by revising Code Section 20-3-519, relating to
definitions relative to HOPE scholarships and grants, as follows:
"20-3-519.
As
used in this part, the term:
(1)
'Academic year' means a period of time, typically nine months, in which a
full-time student is expected to complete the equivalent of at least two
semesters´ or three quarters´ academic work.
(2)
'Advanced degree' means a master´s degree, specialist´s degree, or
doctorate in education conferred by an approved postsecondary institution upon
completion of a unified program of study at the graduate level.
(3)
'Approved teacher education program' means a program offered by a public or
private postsecondary institution which program has been approved by the Georgia
Professional Standards Commission.
(4)
'Certificate' or 'diploma' means a credential, other than a degree, indicating
satisfactory completion of training in a program of study offered by an eligible
public postsecondary institution.
(5)
'Critical shortage field' means an area of study or an area of specialized
expertise for which a shortage of qualified teachers or educators exists in
Georgia, designated as such by the Georgia Student Finance
Commission.
(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
agencies:
(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; or
(viii)
The Southern Association of Independent Schools.
(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)
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.
(8)
'Eligible private postsecondary institution' means an eligible postsecondary
institution which meets the criteria set out in subparagraph (C) or (D) of
paragraph (7) of this Code section.
(9)
'Eligible public postsecondary institution' means an eligible postsecondary
institution which meets the criteria set out in subparagraph (A) or (B) of
paragraph (7) of this Code section.
(9.1)
'First professional degree program' means a nonundergraduate degree program that
meets the requirements established by the program regulations promulgated by the
Georgia Student Finance Commission which, at a minimum, shall include, but not
be limited to, the following:
(A)
Accepts students after the completion of the sophomore or junior year;
and
(B)
Results in the award of a nonundergraduate degree.
(10)
'Freshman student' means a student at a postsecondary institution who has
attempted less than 46 quarter hours or less than 31 semester hours
and who
graduated from an eligible high school in this state or completed a home study
program in this state meeting the requirements of subsection (c) of Code Section
20-2-690.
(11)
'Full-time student' means a matriculated student attending a postsecondary
educational institution and enrolled for at least 12 semester hours or the
equivalent in any given semester or quarter.
(12)
'Grade point average' means the numbered grade average calculated using a 4.0
scale.
(12.1)
'Half-time student' means a matriculated student attending a postsecondary
educational institution and enrolled for six to 11 semester hours or the
equivalent in any given semester or quarter.
(13)
'HOPE grant' means a Helping Outstanding Pupils Educationally grant for
education awarded in accordance with Code Section 20-3-519.5.
(14)
'HOPE scholarship' means a Helping Outstanding Pupils Educationally scholarship
for education awarded in accordance with Code Sections 20-3-519.2 or
20-3-519.3.
(15)
'HOPE teacher´s scholarship' means a Helping Outstanding Pupils
Educationally scholarship for education awarded in accordance with Code Section
20-3-519.8.
(16)
'HOPE GED voucher' means a Helping Outstanding Pupils Educationally general
educational development (GED) diploma voucher for postsecondary education
awarded in accordance with Code Section 20-3-519.6.
(17)
'Junior student' means a student at a postsecondary institution who has
attempted at least 91 quarter hours but less than 136 quarter hours or at least
61 semester hours but less than 91 semester hours
and who
graduated from an eligible high school in this state or completed a home study
program in this state meeting the requirements of subsection (c) of Code Section
20-2-690.
(18)
'Mandatory fees' means fees approved by the Georgia Student Finance Commission
that are charged by a postsecondary institution to every student enrolled in
that institution, regardless of the student´s program of
study.
(19)
'Matriculated status' means being recognized as a student in a defined program
of study leading to a degree, diploma, or certificate at a postsecondary
institution.
(19.1)
'Part-time student' means a matriculated student attending a postsecondary
educational institution and enrolled for less than 12 semester hours or the
equivalent in any given semester or quarter and who has never been enrolled for
12 or more semester hours or the equivalent in any given semester or
quarter.
(20)
'PROMISE teacher´s scholarship' means a scholarship awarded in accordance
with Code Section 20-3-519.7.
(21)
'Quarter hours' includes each quarter hour attempted, whether remedial or for
credit toward a degree, certificate, or diploma.
(22)
'Semester hours' includes each semester hour attempted, whether remedial or for
credit toward a degree, certificate, or diploma.
(23)
'Senior student' means a student at a postsecondary institution who has
attempted at least 136 quarter hours but less than 191 quarter hours or at least
91 semester hours but less than 128 semester hours
and who
graduated from an eligible high school in this state or completed a home study
program in this state meeting the requirements of subsection (c) of Code Section
20-2-690.
(24)
'Sophomore student' means a student at a postsecondary institution who has
attempted at least 46 quarter hours but less than 91 quarter hours or at least
31 semester hours but less than 61 semester hours
and who
graduated from an eligible high school in this state or completed a home study
program in this state meeting the requirements of subsection (c) of Code Section
20-2-690.
(25)
'Title IV' means Title IV of the Higher Education Act of 1965, as amended, 20
U.S.C.A. Section 1070, et seq."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.