11 HB326/AP
House
Bill 326 (AS PASSED HOUSE AND SENATE)
By:
Representatives Collins of the
27th,
Ralston of the
7th,
Jones of the
46th,
Abrams of the
84th,
O`Neal of the
146th,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to scholarships, loans, and grants, so as to provide
comprehensive revisions to the HOPE scholarship and grant program; to revise
definitions; to revise eligibility requirements; to combine and revise the HOPE
scholarship programs relating to public and private postsecondary institutions;
to revise requirements relating to HOPE grants and HOPE GED vouchers; to revise
provisions relating to the Georgia Student Finance Commission; to repeal certain
laws relating to HOPE scholarships at private postsecondary institutions,
PROMISE teacher's scholarships, HOPE teacher's scholarships, PROMISE II
teacher's scholarships, and the HOPE Scholarship/Pre-K Legislative Oversight
Committee; to provide for service cancelable loans for certain direct loans to
students on the basis of need and merit; to provide for loans to cover the
difference between the amount of tuition and the HOPE award; to revise
definitions relating to tuition equalization grants at private colleges and
universities; to amend Code Section 20-2-157 of the Official Code of Georgia
Annotated, relating to the uniform reporting system for determining eligibility
of students seeking enrollment in postsecondary courses, so as to require
certain coursework; to amend Article 1 of Chapter 27 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions relative to the
"Georgia Lottery for Education Act," so as to revise provisions relating to
compensation of employees of the Georgia Lottery Corporation; to eliminate a
reserve subaccount and automatic reduction triggers relating to books and fees;
to revise a provision relating to retailers; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating
to scholarships, loans, and grants, is amended in 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.
Reserved.
(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.
Reserved.
(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.
(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.
(6)
'Eligible high
school'
school,'
until December 31, 2010, means a public or private secondary school which
is:
(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; 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.
(6.1)
On and after January 1, 2011, '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;
or
(vi)
The
Accrediting Commission for Independent Study; or
(vii)
The Southern Association of Independent Schools;
(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 Technical College System of Georgia;
(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)(B)
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)
'Factor rate'
means the percentage amount established by the Georgia Student Finance
Commission against which the previous year HOPE award amount is
multiplied.
(9.2)
'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.
(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.
(12.2)
'HOPE award rate' means the rate equal to the previous academic year HOPE
tuition payment to the eligible public postsecondary institution multiplied by
the factor rate divided by 15. Notwithstanding the foregoing, the Georgia
Student Finance Commission may adjust the previous academic year HOPE tuition
payment used to calculate the HOPE award rate to reflect changes in the mission
or sector of an eligible public postsecondary institution that affects the
tuition charged by that institution.
(13)
'HOPE grant' means a Helping Outstanding Pupils Educationally grant for
education awarded in accordance with Code Section 20-3-519.5.
(13.1)
'HOPE award amount' means the amount of HOPE award to be made to an eligible
student as follows:
(A)
At an eligible public postsecondary institution, the HOPE award amount is equal
to the HOPE award rate multiplied by the number of credit hours, up to a maximum
of 15, in which an eligible student is enrolled per quarter or semester;
provided, however, that the quarter award shall equal two-thirds of the semester
award and that credit hours for remedial and developmental courses shall not be
included for the HOPE scholarship; or
(B)
At an eligible private postsecondary institution, the HOPE award amount is equal
to HOPE tuition payment multiplied by the factor rate for full-time students and
one-half of the HOPE tuition payment multiplied by the factor rate for half-time
students. No awards shall be made to eligible students enrolled in five or
fewer credit hours and credit hours for remedial and developmental courses
shall not be included for the HOPE scholarship.
(14)
'HOPE scholarship' means a Helping Outstanding Pupils Educationally scholarship
for education awarded in accordance with Code
Sections
Section
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.
Reserved.
(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.
(16.1)
'HOPE tuition payment' means, in the case of an eligible public postsecondary
institution, the amount paid for tuition only based on the standard
undergraduate full-time tuition rate for 15 hours; and, in the case of an
eligible private postsecondary institution, the amount paid for tuition based on
the amount established by the General Assembly in an appropriations
Act.
(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.
(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.
Reserved.
(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.
Reserved.
(21)
'Quarter hours' includes each quarter hour
attempted,
whether remedial or for credit toward a
degree, certificate, or
diploma, but
shall not include hours attempted for remedial and developmental courses for
purposes of the HOPE
scholarship.
(21.1)
'Remedial and developmental courses' means coursework required by the
postsecondary institution or chosen by the student that does not count toward
program requirements for college degrees in the case of the HOPE scholarship,
or, diplomas or certificates in the case of the HOPE grant.
(22)
'Semester hours' includes each semester hour
attempted,
whether remedial or for credit toward a
degree, certificate, or
diploma, but
shall not include hours attempted for remedial and developmental courses for
purposes of the HOPE
scholarship.
(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.
(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.
(25)
'Title IV' means Title IV of the Higher Education Act of 1965, as amended, 20
U.S.C.A. Section 1070, et seq.
(26)
'Tuition' means the charges to a student for postsecondary academic instruction
without regard to other fees such as technology, activity, athletic, health, or
other similar fees.
(27)
'Zell Miller Scholar' means a student that has met the applicable eligibility
requirements to receive a HOPE scholarship in accordance with Code Section
20-3-519.2 and:
(A)
As an incoming freshman:
(i)
Having graduated from an eligible high school with a grade point average of at
least 3.7 calculated in accordance with Code Section 20-2-157 and having
received a score of at least 1,200 combined critical reading score and math
score on a single administration of the SAT or an ACT composite scale score of
at least 26;
(ii)
Having graduated from an eligible high school as a valedictorian or
salutatorian; or
(iii)
Having completed a home study program meeting the requirements of subsection (c)
of Code Section 20-2-690, having received a score of at least 1,200 combined
critical reading score and math score on a single administration of the SAT or
an ACT composite scale score of at least 26, and earning a cumulative grade
point average of at least 3.3 at an eligible 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 scholarship for such student's freshman year to be paid at
the end of the freshman year; and
(B)
As a sophomore, junior, senior, or first professional student who met the
requirements of subparagraph (A) of this paragraph, having a cumulative grade
point average of at least 3.3 at the checkpoints set forth in paragraph (1) of
subsection (b) of Code Section 20-3-519.2. Notwithstanding the foregoing, a
student that entered an eligible postsecondary institution as a freshman between
July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of
this paragraph may become a Zell Miller Scholar as a sophomore, junior, senior,
or first professional student.
A
student that loses eligibility to be a Zell Miller Scholar for any reason may
regain eligibility one time if the student requalifies at one of the checkpoints
set forth in paragraph (1) of subsection (b) of Code Section
20-3-519.2."
SECTION
2.
Said
article is further amended in Code Section 20-3-519.1, relating to ineligibility
for scholarships or grants, as follows:
"20-3-519.1.
(a)
A student is eligible for any scholarship or grant described in this part if the
student:
(1)
Meets residency requirements by:
(A)(i)
Being 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
(ii)(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 division (i) of this subparagraph for a period of at
least 12 months immediately prior to the first day of classes for which the
scholarship or 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
division (i) of this subparagraph for a period of at least 24 months immediately
prior to the first day of classes for which the scholarship or grant is to be
awarded; or
(B)
Being classified as a legal resident of Georgia if such student is an active
duty military service member or the spouse or dependent child of an active duty
military service member and the active duty military service member is stationed
in Georgia or lists Georgia as their home of record.
(2)
Meets all applicable requirements of this part relating to the relevant
scholarship or grant and applicable to the student.
(b)
A student is ineligible for any scholarship or grant described in this part if
the student:
(1)
Is not a United States citizen or a permanent resident alien who meets the
definition of an eligible noncitizen under federal Title IV
requirements;
(2)
Has not complied with United States Selective Service System requirements for
registration, if such requirements are applicable to the student;
(3)
Is in default on a federal Title IV educational loan or a State of Georgia
educational loan, provided that a student who is otherwise eligible and has
fully repaid the defaulted loan will be eligible to obtain a scholarship or
grant for future academic terms but not retroactively;
(4)
Owes a refund on a federal Title IV student financial aid program or a Georgia
student financial aid program, provided that a student who is otherwise eligible
and has fully paid the refund owed will be eligible to obtain a scholarship or
grant for future academic terms but not retroactively;
(5)
Has been convicted of a felony offense involving marijuana, a controlled
substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of
the 'Drug-free Postsecondary Education Act of 1990,' provided that such
ineligibility extends from the date of conviction to the completion of the next
academic term;
(6)
Is incarcerated; or
(7)
Does not meet each qualification listed in the Code section relating to the
relevant scholarship or grant and applicable to the student."
SECTION
3.
Said
article is further amended in 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, in
addition to meeting the residency requirements set forth in subsection (a) of
Code Section 20-3-519.1:
(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
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)(1)
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;
(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 Department of
Technical and Adult Education, now known as the Technical College System of
Georgia, after June 30, 1993, provided that such student shall only be eligible
for a HOPE scholarship pursuant to subsection
(e)(c)
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;
or
(C)
In the case of an otherwise qualified student who:
(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 but received the general
educational development (GED) diploma awarded by the Department of Technical and
Adult Education, now known as the Technical College System of Georgia, after
June 30, 1993;
(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;
or
(iii)
Graduated from a high school which is not an eligible high school,
earning
a score in the eighty-fifth percentile or higher nationally on a standardized
college admission test, such as the SAT or ACT; and
(3)(2)
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,
junior, senior, or first professional
student seeking an
associate,
or
baccalaureate,
or first professional degree at an
eligible
public
postsecondary institution
shall, in
addition to meeting the residency requirements set forth in subsection (a) of
Code Section 20-3-519.1:
(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
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)(1)
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, 90, or
135 quarter hours or
30, 60, or
90 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)(2)
Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate
or first
professional 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 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
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 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
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)(c)(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,
90, or 135 quarter hours or
30, 60, or
90 semester hours may attend the next 45
quarter or 30 semester hours without a HOPE scholarship.
(B)
An otherwise eligible
full-time
student who
attains
or 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
45,
90,
or 135 quarter hours or
30,
60,
or 90 semester hours may
qualify
or requalify for a HOPE
scholarship;
provided, however, that a student who receives a HOPE scholarship and loses
eligibility pursuant to this subsection is only eligible to regain or requalify
for the HOPE scholarship one
time.
(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)(1)
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;
provided, however, that a student who receives a HOPE scholarship and loses
eligibility pursuant to this subsection is only eligible to regain or requalify
for the HOPE scholarship one
time.
(f)
For students eligible for a HOPE scholarship under this Code section, no minimum
number of hours of enrollment is required.
(g)(1)(d)
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)(1)
The student has earned a baccalaureate
or first
professional degree;
or
(B)(2)
The student has attempted at any postsecondary institution a total of 190
quarter hours or 127 semester
hours;
or
(3)
Beginning with those students receiving HOPE for the first time on or after July
1, 2011, seven years from a student's graduation from high school or the
equivalent thereof as determined by the Georgia Student Finance Commission in
its rules and regulations; provided, however, that for a student that serves in
the military during such seven-year period, any such military service served as
active duty shall not count against the seven-year period. A student that is
ineligible to receive a HOPE scholarship pursuant to this paragraph but who
received the HOPE scholarship during the 2010-2011 academic year shall continue
to be eligible for the HOPE scholarship until June 30, 2015, as long as such
student meets all other eligibility requirements, including, but not limited to,
paragraphs (1) and (2) of this subsection.
(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)(e)(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
be equal to
the HOPE award amount.
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 Technical College System of Georgia, as applicable, except as otherwise
provided for in Code Section 50-27-13.
(f)
For each semester of eligibility, Zell Miller Scholars shall be awarded an
amount in addition to the HOPE award amount as follows:
(1)
If attending an eligible public institution, an amount equal to the difference
between the HOPE award amount and the then current academic year standard
undergraduate tuition amount at the institution to be paid; and
(2)
If attending an eligible private institution, an amount equal to the difference
between the HOPE award amount and the HOPE tuition payment.
(i)
A dependent child of military personnel stationed in Georgia on active duty
shall be deemed to meet the residency requirements of paragraph (1) of
subsections (a), (b), (c), and (d) of this Code
section."
SECTION
4.
Said
article is further amended in Code Section 20-3-519.5, relating to eligibility
requirements for a HOPE grant at a branch of the Technical College System of
Georgia, as follows:
"20-3-519.5.
(a)
To be eligible for a HOPE grant, a student seeking a diploma or certificate at a
branch of the Technical College System of Georgia or a unit of the University
System of Georgia
shall, in
addition to meeting the residency requirements set forth in subsection (a) of
Code Section 20-3-519.1:
(1)
Meet
residency requirements by meeting the requirements to be classified as a legal
resident of Georgia as established by the program 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
Meet
achievement standards by earning a cumulative grade point average of at least
3.0 at the end of the quarter or semester in which the student has attended 30
or 60 semester hours or 45 or 90 quarter hours of courses towards a diploma or
certificate for which the student received HOPE funds pursuant to this part.
The grade point average shall be calculated using such 30 semester or 45 quarter
hours taken pursuant to this subsection. An otherwise eligible student who
attains or regains a cumulative grade point average of at least 3.0 at the end
of a quarter or semester in which the student has attempted 30 or 60 semester
hours or 45 or 90 quarter hours may qualify or requalify for a HOPE grant;
provided, however, that a student who receives a HOPE grant and loses
eligibility pursuant to this paragraph is only eligible to regain or requalify
for the HOPE grant one time;
and
(2)
Meet enrollment standards by being admitted, enrolled, and classified as an
undergraduate student in a matriculated status in a program of study leading to
a certificate or diploma and maintaining satisfactory academic progress in
accordance with the standards and practices used for federal Title IV programs
by the institution at which the student is enrolled.
(b)
There is no minimum number of hours of enrollment required for eligibility for a
HOPE grant under this Code section.
(c)
Subject to the provisions of subsection (e) of this Code section, an eligible
student may receive HOPE grants for all course work required by the institution
for programs of study leading to a certificate or diploma, including remedial
or
developmental studies
and
developmental courses.
(d)(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
grant awarded under this Code section shall
equal the HOPE
award amount.
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 paragraph
(2) 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.
(e)
No student
that has a baccalaureate degree, its equivalent or higher, from any
postsecondary institution shall be eligible to receive a HOPE
grant. 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 Technical College System
of Georgia or a unit of the University System of Georgia. The Technical College
System of Georgia 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.
(f)
A student enrolled in a diploma program designed to be more than 95 quarter
hours or 63 semester hours in length is eligible to receive a HOPE grant for the
lesser of:
(1)
A total of 130 attempted quarter hours or 86 attempted semester hours;
or
(2)
The number of hours required for graduation.
(g)
A dependent child of military personnel stationed in Georgia on active duty
shall be deemed to meet the residency requirements of paragraph (1) of
subsection (a) of this Code
section."
SECTION
5.
Said
article is further amended in Code Section 20-3-519.6, relating to HOPE GED
vouchers, as follows:
"20-3-519.6.
(a)
To be eligible for a HOPE GED voucher, a student attending an eligible public
postsecondary institution shall 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 Technical College System of
Georgia.
(b)
To be eligible for a HOPE GED voucher, a student attending an eligible private
postsecondary institution shall 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.
(c)
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 GED voucher in the amount of $500.00 shall be
awarded
available
once to each student receiving a general educational development (GED) diploma
awarded by the Department of Technical and Adult Education, now known as the
Technical College System of Georgia, after June 30,
1993,.
Such voucher shall be issued to such student upon enrollment
in
shall be
valid at any eligible postsecondary
institution in Georgia
for
within
24 months from the date
of
issuance
the general
educational development (GED) diploma was awarded to the student and may only be
used to cover postsecondary costs of attendance at such
institution.
(d)
An otherwise eligible student receiving a HOPE GED voucher under this Code
section is eligible for a HOPE scholarship as a sophomore, junior, or senior
student."
SECTION
6.
Said
article is further amended in Code Section 20-3-519.10, relating to application
of HOPE scholarships and HOPE grants, as follows:
"20-3-519.10.
A
HOPE scholarship and a HOPE grant may be applied
only to
tuition, mandatory fees, and book costs
to any portion
of a student's tuition. In no case shall a HOPE scholarship or HOPE grant
exceed a student's
tuition."
SECTION
7.
Said
article is further amended in Code Section 20-3-519.11, relating to the Georgia
Student Finance Commission, as follows:
"20-3-519.11.
(a)
The Georgia Student Finance Commission is authorized to promulgate rules and
regulations not inconsistent with the provisions of this part relating to grants
and scholarships described in this part.
The Georgia
Student Finance Commission is authorized to promulgate rules and regulations
related to grants, loans, and scholarships no longer in effect as of the
effective date of this Act, under this part but for which the Georgia Student
Finance Commission or the Georgia Student Finance Authority and the student were
previously obligated.
(b)
Every eligible postsecondary institution shall be subject to examination by the
Georgia Student Finance Commission for the sole purpose of determining whether
such postsecondary institution has properly complied with rules and regulations
established pursuant to this Code section. Such examination shall be conducted
by the Georgia Student Finance Commission no less frequently than once every
three years. The Georgia Student Finance Commission is authorized to conduct
the examination using sampling and extrapolation techniques. However, nothing
in this subsection shall be construed to interfere with the authority of the
postsecondary institution to determine its own curriculum, philosophy, purpose,
or administration. In the event it is determined that a postsecondary
institution knowingly or through error certified an ineligible student to be
eligible for a scholarship or grant under this part, the amount of such
scholarship or grant paid to the postsecondary institution pursuant to such
certification shall be refunded by the postsecondary institution to the Georgia
Student Finance Commission. The Georgia Student Finance Commission may suspend
a postsecondary institution from receiving HOPE scholarship or HOPE grant award
payments if it fails to refund any monies deemed due pursuant to this
subsection. The Georgia Student Finance Commission shall be authorized to
promulgate rules and regulations necessary to carry out the intent of this
subsection.
(c)
Any person who knowingly makes or furnishes any false statement or
misrepresentation, or who accepts such statement or misrepresentation knowing it
to be false, for the purpose of enabling an ineligible student to obtain
wrongfully a scholarship or grant under this part shall be guilty of a
misdemeanor.
(b)(d)
Notwithstanding any provision of this part, the Georgia Student Finance
Commission is authorized to promulgate rules and regulations restricting
eligibility for the scholarships and grants described in this part or reducing
the dollar amount of scholarships and grants described in this part in
accordance with the provisions of Code Section 50-27-13. In addition to other
remedies available at law and equity, the Georgia Student Finance Commission is
authorized to enter into repayment agreements with students that owe refunds to
the Georgia Student Finance Commission of any scholarship or grant described in
this part. Except as prohibited by federal or other state laws, individuals
that owe refunds and fail to enter into repayment agreements with the Georgia
Student Finance Commission are, without judicial action, subject to garnishment
of their pay, loss of a professional license, offset of lottery winnings, and
offset of a state tax refund in accordance with rules and regulations
promulgated by the Georgia Student Finance Commission not inconsistent with the
provisions of this part. As used in this subsection, the term 'refund' shall
mean scholarship and grant amounts paid to or on behalf of students
subsequently, in accordance with rules and regulations promulgated by the
Georgia Student Finance Commission, determined to be ineligible to receive such
funds.
(c)(e)
The funding for the scholarships and grants described in this part shall be
subject to annual appropriations enacted by the General Assembly which shall
establish the total amount of funding for such scholarships and
grants."
SECTION
8.
Said
article is further amended by repealing and reserving Code Sections 20-3-519.3,
20-3-519.7, 20-3-519.8, 20-3-519.9, 20-3-519.12, and 20-3-519.13, relating to
eligibility requirements for a HOPE scholarship at a private postsecondary
institution, the PROMISE teacher's scholarship, the HOPE teacher's scholarship,
ineligibility for a HOPE teacher's scholarship, eligibility for the PROMISE II
teacher's scholarship, and the HOPE Scholarship/Pre-K Legislative Oversight
Committee, respectively.
SECTION
9.
Said
article is further amended in Code Section 20-3-250.5, relating to
administration of the "Nonpublic Postsecondary Educational Institutions Act of
1990", by revising paragraph (10) of subsection (b) as follows:
"(10)
To establish and promulgate regulations for qualified proprietary institutions
whose students receive tuition equalization grants in accordance with the
criteria set forth in subparagraph
(C)
(B)
of paragraph (2) of Code Section 20-3-411."
SECTION
9.1.
Said
article is further amended in Code Section 20-3-400.2, relating to eligibility,
repayment period, maximum amount, interest rate, and requirements, by adding a
new subsection to read as follows:
"(e.1)
The annual interest rate for any GOT Student Loan shall be converted to 1
percent retroactive to the origination date of the GOT Student Loan for any
student that has met the applicable eligibility requirements to receive a HOPE
scholarship under Code Section 20-3-519.2 or a HOPE grant under Code Section
20-3-519.5 as follows:
(1)
If attending an eligible public institution, an amount equal to the difference
between the HOPE award amount and the then current academic year standard
undergraduate tuition amount at the institution to be paid; and
(2)
If attending an eligible private institution, an amount equal to the difference
between the HOPE award amount and the HOPE tuition payment.
The
provisions of this subsection shall be subject to
funding."
SECTION
10.
Said
article is further amended in Code Section 20-3-395.3, relating to repayment
schedules for direct loans to students on the basis of need and merit, by adding
a new subsection to read as follows:
"(c)
Notwithstanding anything herein to the contrary, a student may service cancel a
loan described in this subpart in accordance with rules and regulations
promulgated by the authority if such student is employed by and agrees to teach
in a public school in Georgia as a science, technology, engineering, or math
teacher at the elementary, middle, or secondary level. For service repayment,
the loan shall be repaid at a rate of one year of service for each academic year
of study or its equivalent for which a loan is made to a student pursuant to
this subpart."
SECTION
11.
Said
article is further amended in Code Section 20-3-411, relating to definitions
relative to tuition equalization grants at private colleges and universities, as
follows:
"20-3-411.
As
used in this subpart, 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)
'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 not 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 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; provided, further, that an
institution which was previously accredited by the Southern Association of
Colleges and Schools within the last seven years and 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';
and
(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)(B)(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
the Southern
Association of Colleges and Schools; 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;
which is
domiciled and incorporated in the State of
Georgia;
and
which has been in existence
in the State
of Georgia for at least ten years;
and which met
all of the requirements of this subparagraph by January 1,
2011; 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)
Any proprietary institution of higher education that is otherwise qualified
pursuant to division (i) of this subparagraph on January 1, 2011, shall continue
to be an approved school pursuant to this paragraph as long as it continues to
meet the requirements of division (i) of this subparagraph as such existed on
the day prior to the effective date of this division.
(3)
'Eligible student' means a person who:
(A)
Is enrolled in or accepted for enrollment 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 school's governing body to be detrimental to the school;
and
(D)
Meets the
eligibility requirements for the HOPE program as set forth in paragraph (1) of
subsection (a) and in subsection (b) of Code Section
20-3-519.1.
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.
(4)
'Full-time student' means an undergraduate student who enrolls for a minimum of
12 academic hours, or ten academic hours in the case of a graduate
student,
and students who are inmates in an institution administered by the Department of
Corrections."
SECTION
12.
Code
Section 20-2-73 of the Official Code of Georgia Annotated, relating to removal
of local school board members under certain circumstances, is amended by
revising subsection (a) as follows:
"(a)
Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the
contrary, if a local school system or school is placed on the level of
accreditation immediately preceding loss of accreditation for school board
governance related reasons by one or more accrediting agencies included in
subparagraph
(6.1)(A)
(6)(A)
of Code Section 20-3-519, the State Board of Education shall conduct a hearing
in not less than ten days nor more than 30 days and recommend to the Governor
whether to suspend all eligible members of the local board of education with
pay. If the State Board of Education makes such recommendation, the Governor
may, in his or her discretion, suspend all eligible members of the local board
of education with pay and, in consultation with the State Board of Education,
appoint temporary replacement members who shall be otherwise qualified to serve
as members of such board."
SECTION
13.
Code
Section 20-2-157 of the Official Code of Georgia Annotated, relating to the
uniform reporting system for determining eligibility of students seeking
enrollment in postsecondary courses, is amended by adding new subsections to
read as follows:
"(d)
Beginning with students graduating from high school on or after May 1, 2015, in
order to be eligible to receive a HOPE scholarship, a student shall receive
credit in at least two courses prior to graduating from high school from the
following categories:
(1)
Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an
equivalent or higher course;
(2)
Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or
higher course;
(3)
Advanced placement courses in core subjects;
(4)
International baccalaureate courses in core subjects;
(5)
Courses taken at a unit of the University System of Georgia in core subjects
where such courses are not remedial and developmental courses, as defined in
Code Section 20-3-519; or
(6)
Advanced foreign language courses.
Students
may take one or more courses in each category; provided, however, that a course
may only be counted one time. The Georgia Student Finance Commission shall be
authorized to promulgate rules and regulations necessary to carry out the intent
of this subsection.
(e)
Beginning with students graduating from high school on or after May 1, 2016, in
order to be eligible to receive a HOPE scholarship, a student shall receive
credit in at least three courses prior to graduating from high school from the
following categories:
(1)
Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an
equivalent or higher course;
(2)
Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or
higher course;
(3)
Advanced placement courses in core subjects;
(4)
International baccalaureate in core courses;
(5)
Courses taken at a unit of the University System of Georgia in core subjects
where such courses are not remedial and developmental courses, as defined in
Code Section 20-3-519; or
(6)
Advanced foreign language courses.
Students
may take one or more courses in each category; provided, however, that a course
may only be counted one time. The Georgia Student Finance Commission shall be
authorized to promulgate rules and regulations necessary to carry out the intent
of this subsection.
(f)
Beginning with students graduating from high school on or after May 1, 2017, in
order to be eligible to receive a HOPE scholarship, a student shall receive
credit in at least four courses prior to graduating from high school from the
following categories:
(1)
Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an
equivalent or higher course;
(2)
Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or
higher course;
(3)
Advanced placement courses in core subjects;
(4)
International baccalaureate in core courses;
(5)
Courses taken at a unit of the University System of Georgia in core subjects
where such courses are not remedial and developmental courses, as defined in
Code Section 20-3-519; or
(6)
Advanced foreign language courses.
Students
may take one or more courses in each category; provided, however, that a course
may only be counted one time. The Georgia Student Finance Commission shall be
authorized to promulgate rules and regulations necessary to carry out the intent
of this subsection."
SECTION
14.
Article
1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions relative to the "Georgia Lottery for Education Act," is
amended by revising subsection (a) of Code Section 50-27-12, relating to
employees of the Georgia Lottery Corporation, as follows:
"(a)
The corporation shall establish and maintain a personnel program for its
employees and fix the compensation and terms of compensation of its employees,
including, but not limited to, production incentive
payments;
provided, however, that production incentive payments, bonuses, or any other
consideration in addition to an employee's base compensation shall not exceed 25
percent of such employee's base compensation. In total, bonuses shall not
exceed 1 percent of the net increase over the prior year's deposit into the
Lottery for Education Account. No bonuses may be awarded in years in which
there is not a net increase over the prior year's deposit into the Lottery for
Education Account."
SECTION
15.
Said
article is further amended in Code Section 50-27-13, relating to disposition of
lottery proceeds, by revising subsections (b) and (f) as follows:
"(b)(1)
On or before the fifteenth day of each quarter, the corporation shall transfer
to the general fund of the state treasury, for credit to the Lottery for
Education Account for the preceding quarter, the amount of all net proceeds
during the preceding quarter. The state treasurer shall separately account for
net proceeds by establishing and maintaining a Lottery for Education Account
within the state treasury.
(2)
Upon their deposit into the state treasury, any moneys representing a deposit of
net proceeds shall then become the unencumbered property of the State of Georgia
and the corporation shall have no power to agree or undertake otherwise. Such
moneys shall be invested by the state treasurer in accordance with state
investment practices. All earnings attributable to such investments shall
likewise be the unencumbered property of the state and shall accrue to the
credit of the Lottery for Education Account.
(3)
A
scholarship
shortfall reserve
subaccount
shall be maintained within the Lottery for Education Account
in an amount
equal to at least 50 percent of net proceeds deposited into such account for the
preceding fiscal year.
An amount
equal to 10 percent of the total amount of lottery proceeds disbursed during the
preceding fiscal year in the form of scholarships and grants for higher
education shall be deposited from lottery proceeds each year until such amount
equals 50 percent of such sum. Thereafter, only an amount necessary to maintain
the scholarship shortfall reserve subaccount in an amount equal to 50 percent of
the amount of lottery proceeds disbursed during the preceding fiscal year shall
be deposited into the subaccount. If the
net proceeds paid into the Lottery for Education Account in any year are not
sufficient to meet the amount appropriated for
higher
education scholarships
education
purposes, the shortfall reserve
subaccount
may be drawn upon to meet the deficiency.
In the event
the shortfall reserve is drawn upon and falls below 50 percent of net proceeds
deposited into such account for the preceding fiscal year, the shortfall reserve
shall be replenished to the level required by this paragraph in the next fiscal
year and the lottery-funded programs shall be reviewed and adjusted
accordingly.
In the
event it becomes necessary to draw from the reserve subaccount in any fiscal
year, the scholarship program shall be reviewed and shall be reduced to
accommodate available lottery proceeds, exclusive of the scholarship shortfall
reserve subaccount, through such methods as reducing the family income cap
qualification, reducing or eliminating grants for student fees and books, and
reducing the academic years funded.
(4)
A shortfall reserve subaccount shall be maintained within the Lottery for
Education Account. The amount of the shortfall reserve subaccount shall be
equal to 10 percent of the total amount of lottery proceeds deposited into the
Lottery for Education Account for the preceding fiscal year. If the net
proceeds deposited into the Lottery for Education Account in any year, exclusive
of the amount in the shortfall reserve subaccount, are not sufficient to meet
the amount appropriated for education purposes pursuant to subsection (c) of
this Code section, the shortfall reserve subaccount may be drawn upon to meet
the deficiency. In the event the shortfall reserve subaccount is drawn upon,
the subaccount shall be brought back to the appropriate level with the first
available funds duly deposited into the Lottery for Education
Account.
(5)(A)
For purposes of this subsection, the term:
(i)
'Highest year-end balance' means the highest total amount of unexpended and
uncommitted funds in the Lottery for Education Account, as determined by the
state auditor, at the end of any fiscal year beginning with Fiscal Year 2004 and
continuing through the most recent fiscal year for which the state auditor has
verified the amount of such funds, which shall not include amounts contained in
the subaccounts provided for in paragraphs (3) and (4) of this
subsection.
(ii)
'Year-end balance' means the amount, as determined by the state auditor, of
unexpended and uncommitted funds in the Lottery for Education Account at the end
of a fiscal year, which shall not include amounts contained in the subaccounts
provided for in paragraphs (3) and (4) of this subsection.
(B)(i)
In the event that the year-end balance of a fiscal year is less than 92 percent
of the highest year-end balance, as defined in this paragraph, then all
scholarships and grants for book allowances under Part 7 of Article 7 of Chapter
3 of Title 20 shall not exceed $150.00 per year beginning in the next fiscal
year and thereafter. This provision shall not apply to students who are
eligible to participate in the federal Pell Grant program.
(ii)
In the event that the year-end balance of any subsequent fiscal year is less
than 84 percent of the highest year-end balance, as defined in this paragraph,
then all scholarships and grants for book allowances under Part 7 of Article 7
of Chapter 3 of Title 20 shall be eliminated beginning in the subsequent fiscal
year and thereafter. This provision shall not apply to students who are
eligible to participate in the federal Pell Grant program.
(iii)
In the event that the year-end balance of any further subsequent fiscal year is
less than 75 percent of the highest year-end balance, as defined in this
paragraph, then all scholarships and grants for mandatory fees under Part 7 of
Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next
fiscal year and thereafter.
"(f)
In compliance with the requirement of the Constitution that there shall be a
separate accounting of lottery proceeds, no deficiency in the Lottery for
Education Account shall be replenished by book entries reducing any nonlottery
reserve of general funds, including specifically but without limitation the
revenue shortfall reserve or the midyear adjustment reserve;
nor shall
any program or project started specifically from lottery proceeds be continued
from the general fund; such programs must
be adjusted or discontinued according to available lottery proceeds unless the
General Assembly by general law establishes eligibility requirements and
appropriates specific funds within the general appropriations Act; nor shall any
nonlottery surplus in the general fund be reduced. No surplus in the Lottery
for Education Account shall be reduced to correct any nonlottery deficiencies in
sums available for general appropriations, and no surplus in the Lottery for
Education Account shall be included in any surplus calculated for setting aside
any nonlottery reserve or midyear adjustment reserve. In calculating net
revenue collections for the revenue shortfall reserve and midyear adjustment
reserve, the state accounting officer shall not include the net
proceeds."
SECTION
16.
Said
article is further amended in Code Section 50-27-17, relating to the state-wide
network of retailers, by revising subsection (c) as follows:
"(c)
The corporation shall provide for compensation to lottery retailers in the form
of commissions in an amount
of not less
than 5
of
6 percent of gross sales and may provide
for other forms
of
compensation for services rendered in the sale or cashing of lottery tickets or
shares
of incentive
compensation beginning on July 1, 2016; provided, however, that other forms of
incentive compensation may be provided beginning on July 1, 2014, if the Lottery
for Education Account deposits exceed $1 billion in the previous fiscal year or
may be provided prior to July 1, 2016, as authorized by the
Governor."
SECTION
17.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval. This Act shall be applicable to
postsecondary students beginning in the fall of 2011.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.