2021 Georgia Code
Title 20 - Education
Chapter 3 - Postsecondary Education
Article 7 - Scholarships, Loans, and Grants
Part 3 - Georgia Student Finance Authority
Subpart 5 - Tuition Equalization Grants at Private Colleges and Universities
§ 20-3-411. Definitions

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:
   1. 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 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" if such institution was previously an "approved school" under division (iii) of subparagraph (B) of this paragraph within the last five years; 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
   2. 1. 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 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; 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.
      2. 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.
      3. 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 March 14, 2011.
3. "Eligible student" means a person who:
   1. 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;
   2. 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;
   3. 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
   4. 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.
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.

(Ga. L. 1971, p. 906, § 3; Ga. L. 1974, p. 487, § 2; Ga. L. 1975, p. 1161, §§ 1, 2; Ga. L. 1976, p. 780, § 1; Code 1933, § 32-3759, enacted by Ga. L. 1980, p. 835, § 3; Ga. L. 1981, p. 735, § 45; Ga. L. 1982, p. 1699, §§ 2, 5; Ga. L. 1985, p. 283, § 1; Ga. L. 1994, p. 697, § 1; Ga. L. 1995, p. 265, § 2; Ga. L. 1996, p. 6, § 20; Ga. L. 2001, p. 4, § 20; Ga. L. 2008, p. 112, § 1/SB 480; Ga. L. 2011, p. 1, § 11/HB 326; Ga. L. 2018, p. 189, § 1/HB 432.)

The 2018 amendment, effective July 1, 2018, added the second proviso in subparagraph (2)(A).

- Pursuant to Code Section 28-9-5, in 1995, "July 1, 1995" was substituted for "the effective date of this Act" in division (2)(C)(ii) (now division (2)(B)(ii)).

Pursuant to Code Section 28-9-5, in 2011, "as such existed on March 14, 2011" was substituted for "as such existed on the day prior to the effective date of this division" in division (2)(B)(iii).

- Ga. L. 2011, p. 1, § 17/HB 326, not codified by the General Assembly, provides, in part, that the 2011 amendment shall be applicable to postsecondary students beginning in the fall of 2011.

- For article, "Education: Postsecondary Education," see 28 Ga. St. U.L. Rev. 193 (2011).

"Approved school" for purposes of tuition equalization grants must have been in existence in Georgia for ten years prior to being eligible to receive grant funds in addition to satisfying other statutory criteria; eligibility also depends upon a school being a baccalaureate degree granting institution on or after July 1, 1995. 1995 Op. Att'y Gen. No. 95-34.