2020 Georgia Code
Title 20 - Education
Chapter 3 - Postsecondary Education
Article 7 - Scholarships, Loans, and Grants
Part 7 - Hope Scholarships and Grants
§ 20-3-519. Definitions

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. Reserved.
3. 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 postsecondary institution.
5. "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" means a public or private secondary school which is:
   1. Located in Georgia and accredited as such by:
      1. The Southern Association of Colleges and Schools;
      2. The Georgia Accrediting Commission;
      3. The Georgia Association of Christian Schools;
      4. The Association of Christian Schools International;
      5. The Georgia Private School Accreditation Council; or
      6. The Southern Association of Independent Schools;

      provided, however, that between July 1, 2013, and June 30, 2015, if a high school located in Georgia was accredited by one of the accrediting agencies included in this subparagraph within the previous two years, such high school shall be considered an eligible high school for purposes of this subparagraph; or

   2. Located in another state and accredited by one of the following regional agencies:
      1. The Southern Association of Colleges and Schools;
      2. The New England Association of Schools and Colleges;
      3. The Middle States Association of Colleges and Schools;
      4. The North Central Association of Colleges and Schools;
      5. The Northwestern Association of Schools and Colleges;
      6. The Western Association of Schools and Colleges;
      7. The Alabama Independent School Association; or
      8. The Southern Association of Independent Schools.
7. "Eligible postsecondary institution" means a school which is:
   1. A unit of the University System of Georgia;
   2. A branch of the Technical College System of Georgia;
   3. 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
   4. A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (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 tuition is multiplied for eligible public postsecondary institutions and against which the previous year HOPE award amount is multiplied for eligible private postsecondary institutions.

   (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:

   1. Accepts students after the completion of the sophomore or junior year; and
   2. 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 amount" means the amount of HOPE award to be made to an eligible student as follows:

    1. 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
    2. 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.
13. "HOPE award rate" means the rate equal to the previous academic year tuition charged by the eligible public postsecondary institution multiplied by the factor rate divided by 15. The Georgia Student Finance Commission shall recalculate the previous academic year 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.

    (13.1) "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.

14. "HOPE grant" means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.5.
15. "HOPE scholarship" means a Helping Outstanding Pupils Educationally scholarship for education awarded in accordance with Code Section 20-3-519.2.
16. Reserved.

    (16.1) "HOPE tuition payment" means, 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. 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. Reserved.
21. "Quarter hours" includes each quarter hour attempted 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 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.

    (26.1) "Zell Miller Grant Scholar" means a student who has met the applicable eligibility requirements to receive a HOPE grant in accordance with Code Section 20-3-519.5 and earned a cumulative grade point average of at least 3.5 at the end of any quarter or semester in which the student has attended courses toward a diploma or certificate.

27. "Zell Miller Scholarship Scholar" means a student who has met the applicable eligibility requirements to receive a HOPE scholarship in accordance with Code Section 20-3-519.2 and:
    1. As an incoming freshman:
       1. 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 on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016, or an ACT composite scale score of at least 26;
       2. Having graduated from an eligible high school as a valedictorian or salutatorian;
       3. Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score in the ninety-third percentile or higher on the ACT, on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016; or
       4. Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 or having graduated from a high school which is not an eligible high school, having received a score of at least 1,200 on the combined critical reading and math portions on a single administration of the SAT administered prior to March 1, 2016, or on the total score on a single administration of the SAT administered on or after March 1, 2016, 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
    2. 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 who 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 Scholarship Scholar as a sophomore, junior, senior, or first professional student.

       A student who loses eligibility to be a Zell Miller Scholarship 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.

(Code 1981, §20-3-519, enacted by Ga. L. 1998, p. 626, § 2; Ga. L. 1999, p. 81, § 20; Ga. L. 2000, p. 776, § 1; Ga. L. 2000, p. 1628, § 1; Ga. L. 2001, p. 4, § 20; Ga. L. 2002, p. 1114, § 1; Ga. L. 2004, p. 922, §§ 2, 3; Ga. L. 2006, p. 1069, § 1/SB 561; Ga. L. 2008, p. 112, § 2/SB 480; Ga. L. 2008, p. 335, § 2/SB 435; Ga. L. 2008, p. 759, §§ 2, 4A/SB 492; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2011, p. 1, § 1/HB 326; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2013, p. 763, § 2/HB 115; Ga. L. 2014, p. 801, § 8/HB 697; Ga. L. 2015, p. 5, § 20/HB 90; Ga. L. 2016, p. 601, § 1/HB 798; Ga. L. 2016, p. 832, § 3/HB 801.)

The 2014 amendment, effective July 1, 2014, added paragraph (26.1); and inserted "Scholarship" following "Zell Miller" throughout paragraph (27).

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "student who" for "student that" in paragraph (26.1) and in paragraph (27), in the introductory paragraph, in the last sentence of subparagraph (B), and in the concluding paragraph.

The 2016 amendments. The first 2016 amendment, effective July 1, 2016, rewrote paragraph (27). The second 2016 amendment, effective July 1, 2020, in paragraph (9.1), substituted "against which the previous year tuition is multiplied for eligible public postsecondary institutions and against which the previous year HOPE award amount is multiplied for eligible private postsecondary institutions" for "against which the previous year HOPE award amount is multiplied"; rewrote paragraph (13); and, near the beginning of paragraph (16.1), deleted "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," following "means,".

- Pursuant to Code Section 28-9-5, in 2008, "Georgia" was deleted following "A branch of the" in subparagraph (7)(B).

- For article on the 2004 amendment and enactment of Code sections in this part, see 21 Ga. St. U.L. Rev. 107 (2004). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 183 (2016).

Cited in DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).