Georgia-2009-SB496-Engrossed

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 establish the HOPE college opportunity grant; to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to revise certain definitions; to provide for a definition; to provide for eligibility requirements; to provide for scholarship amounts; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, is amended by revising subparagraph (A) of paragraphs (6) and (6.1) as follows:

"(A) Located in Georgia and is currently or within the last two years has been accredited 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; or

(vi) The Southern Association of Independent Schools;

provided, however, that this shall not apply to any accrediting agency listed in this subparagraph which includes as part of its accreditation standards minimum salary requirements for any school system administrator, either directly or relative to the salary of any other employee; or"

"(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;

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 adding a new paragraph to Code Section 20-3-519, relating to definitions, to read as follows:

"(13.1) 'HOPE college opportunity grant' means a Helping Outstanding Pupils Educationally college opportunity grant for education awarded in accordance with Code Section 20-3-519.4."

Said part is further amended by revising Code Section 20-2-519.4, which is reserved, as follows:

(a) To be eligible for a HOPE college opportunity grant, a 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 Technical College System of Georgia; 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 college opportunity grant 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 college opportunity grant 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 college opportunity grant 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 enrollment standards by being admitted, enrolled, and classified as a full-time undergraduate student in a matriculated status at an eligible public postsecondary institution and by maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the eligible public postsecondary institution in which the student is enrolled;

(3) Meet further eligibility standards established by the Georgia Student Finance Commission which shall include criteria aimed at serving the neediest students; and

(4) Be a recipient of federal educational assistance funds awarded under the federal Pell Grant Program for any semester or quarter for which a HOPE college opportunity grant is sought under this Code section.

(b)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE college opportunity grant 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 college opportunity grant for a total of 225 attempted quarter hours or 150 attempted semester hours.

(c) A HOPE college opportunity grant may be applied to any portion of the student's cost of attendance as defined by the eligible public postsecondary institution that the student is attending.

(d) Subject to appropriations by the General Assembly, the Georgia Student Finance Commission shall determine HOPE college opportunity grant award amounts, which may be determined on a sliding scale based on income. It is the intent of the General Assembly that the HOPE college opportunity grants awarded pursuant to this Code section be targeted at the neediest students. If at any time the commission determines that the funds available to the commission are not sufficient to pay the grant to all eligible students, grants payable for the remaining school terms shall be reduced by the commission on a pro rata basis.

(e) The funds necessary to provide for the HOPE college opportunity grants provided for in this Code section shall come from and be subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13.