(a) The General Assembly may use net proceeds from the state lottery to fund the scholarships awarded under this subchapter and to supplement the state-supported student financial assistance that the General Assembly determines is necessary to meet the state's objective for broadening and increasing access of Arkansas citizens to higher education.
(b) Net proceeds from the state lottery used to fund scholarships under this subchapter shall:
(1) Be used exclusively for the purposes set out in Arkansas Constitution, Amendment 87, and this subchapter; and
(2) Supplement and shall not supplant nonlottery state educational resources.
(c) It is the General Assembly's intent that before increasing award amounts for scholarships under this subchapter, the number of scholarships awarded to nontraditional students under § 6-85-208 be increased.
(d) The scholarships established under this subchapter are subject to available funding and do not create for any student an entitlement to financial assistance to enable the student's attendance at an approved institution of higher education.
(e)
(1)
(A) Beginning with the 2016-2017 academic year, the scholarship award amount under this subchapter for an academic year for a full-time recipient enrolled in a four-year approved institution of higher education is:
(i) One thousand dollars ($1,000) for a recipient who has earned less than twenty-seven (27) semester credit hours;
(ii) Four thousand dollars ($4,000) for a recipient who has earned at least twenty-seven (27) semester credit hours but less than fifty-seven (57) semester credit hours;
(iii) Four thousand dollars ($4,000) for a recipient who has earned at least fifty-seven (57) semester credit hours but less than eighty-seven (87) semester credit hours; and
(iv)
(a) Five thousand dollars ($5,000) for a recipient who has earned at least eighty-seven (87) semester credit hours but no more than one hundred twenty (120) semester credit hours unless the recipient is enrolled in a baccalaureate degree program that requires more than one hundred twenty (120) semester credit hours, but not more than one hundred thirty (130) semester credit hours, as provided under § 6-61-232, then up to the number of credit hours required to complete the baccalaureate program.
(b) A recipient shall receive no more than one (1) year of the scholarship provided under subdivision (e)(1)(A)(iv)(a) of this section unless the recipient is enrolled in a baccalaureate degree program that requires more than one hundred twenty (120) semester credit hours as provided under § 6-61-232.
(c)
(1) A recipient who is eligible to receive the scholarship under subdivision (e)(1)(A)(iv)(a) of this section may receive the scholarship while enrolled in a semester as a part-time student.
(2) The scholarship amount for the semester in which a recipient is enrolled as a part-time student under subdivision (e)(1)(A)(iv)(c)(1) of this section shall be prorated by the number of credit hours in which the recipient is enrolled.
(A) A two-year approved institution of higher education;
(B) A branch campus of a four-year approved institution of higher education; or
(C) An approved nursing school.
(B) The Division of Higher Education shall not accept new applications for scholarships for current achiever students under § 6-85-209 after June 1, 2012.
(C)
(i) To determine the correct scholarship award amount based on credit hours, a first-time recipient shall submit a current college or university transcript if the first-time recipient has earned any semester credit hours to the division no later than a date determined by the division prior to the academic year for which the first-time recipient will receive an initial scholarship award.
(ii) A first-time recipient who does not submit a transcript to the division on or before June 1 shall receive the award amount under subdivision (e)(1)(A)(i) of this section.
(D)
(i) An applicant may elect for the earned semester credit hours under subdivision (e)(1)(A) of this section to be only those semester credit hours earned after graduating from high school or obtaining a high school equivalency diploma approved by the Adult Education Section.
(ii) If an applicant makes the election under subdivision (e)(1)(D)(i) of this section, any semester credit hours earned through concurrent credit or any other method before graduating high school or obtaining a high school equivalency diploma approved by the Adult Education Section shall not be counted as earned semester credit hours for the purposes of determining a recipient's scholarship award amount under subdivision (e)(1)(A) of this section.
(2)
(A) The division shall award an aggregate amount of scholarship awards to nontraditional students beginning with the 2017-2018 academic year of up to fifteen million dollars ($15,000,000).
(B)
(i) The division shall return to the Office of the Arkansas Lottery the excess funding, if any, for scholarship awards under this subchapter the division received under § 23-115-801.
(ii) The office shall deposit any funds received from the division under this subdivision (e)(2)(B) into a trust account established under § 23-115-801(b).
(C) Priority for scholarships awarded to nontraditional students and current achiever students is based on:
(i) The applicant's level of progress toward completion of a certificate, an associate degree, a nursing diploma, a baccalaureate degree, or a graduate-level or professional degree; or
(ii) Other criteria established by the division.
(3) The scholarship award for an academic year for a full-time student enrolled in one (1) of the following institutions of higher education is one thousand dollars ($1,000) for the first year and three thousand dollars ($3,000) for the second year:
(4) The scholarship award amount for a part-time student recipient shall be:
(A) One-half (½) of the award amount for a full-time student recipient, if the recipient is enrolled in at least six (6) semester hours but less than nine (9) semester hours; or
(B) Three-quarters (¾) of the award amount for a full-time student recipient, if the recipient is enrolled in at least nine (9) semester hours but less than the number of hours required for a full-time student recipient.
(5) A current recipient who maintains eligibility for the scholarship under this subchapter shall continue to receive the scholarship award amount first awarded to the recipient.
(6) The division shall give priority for a scholarship award to a full-time or part-time student:
(A) Who meets the eligibility requirements under this subchapter; and
(B) Whose parent, by birth or legal adoption:
(i) Was a resident of the State of Arkansas at the time that person entered the service of the United States Armed Forces or whose official residence is in Arkansas; and
(ii) Was a member of the United States Armed Forces who was killed while performing military duty:
(a) In a status identified under 32 U.S.C. § 101 et seq. or 10 U.S.C. § 101 et seq. as they existed on January 1, 2011; or
(b) In state active duty status.
(f) Annually by December 15, the Legislative Council shall provide to the General Assembly its recommendations for any changes to the:
(1) Award amounts;
(2) Number or type of scholarships; and
(3) Eligibility requirements.
(g) It is the intent of the General Assembly that in determining award amounts under this subchapter the General Assembly will consider whether sufficient funds will be available to pay for scholarship awards through the anticipated completion of the degree or certificate a recipient is seeking.
(h) All awards under this subchapter are subject to the prohibition under § 6-80-105 against using public funds in a student financial package in excess of the recognized cost of attendance at the institution where the student is enrolled.
(i)
(1) If the division has less than a sufficient amount from net proceeds from the state lottery to provide for the scholarship commitments under this subchapter, the division shall give priority for continued financial support under this subchapter to a student with continuing eligibility superior to first-time applicants.
(2) If the funding is insufficient to fully fund the scholarships for students with continuing eligibility created under this subchapter, the division shall award scholarships based upon the following criteria to students with continuing eligibility as follows:
(A) First, to students who have the highest level of progress toward completion of a certificate, an associate degree, a baccalaureate degree, or a graduate-level or professional degree, and who are enrolled in a program of study that is:
(i) In an area of critical workforce need as determined by the division; or
(ii) In a science, technology, engineering, or mathematics field;
(B) Second, to students who have the highest level of progress toward completion of a certificate, an associate degree, a baccalaureate degree, or a graduate-level or professional degree, and who are enrolled in a program of study other than those listed in subdivision (i)(2)(A) of this section; and
(C) Last, in the event funding is insufficient to fully fund students under subdivision (i)(2)(A) or subdivision (i)(2)(B) of this section, to students who have the highest postsecondary grade point average.
(3)
(A) If, after funding all students with continuing eligibility under this section, funding is insufficient to fund all qualified first-time applicants, the division shall award scholarships to first-time applicants in order of priority based upon the applicants' ACT superscore or ACT-equivalent superscore.
(B) If, after prioritizing first-time applicants based upon the applicants' ACT or ACT equivalent scores, funding is insufficient to fund all applicants with like ACT or ACT equivalent scores, the division shall determine who receives an award by random drawing.
(j) [Repealed.]