Eligibility of Students

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No grants shall be payable to any person under this subpart who fails to meet any of the following qualifications or restrictions:

  1. Such person must be the child, either natural or adopted, of a law enforcement officer, firefighter, or prison guard who has been permanently disabled or killed in the line of duty or while performing the duties to which he was assigned in the normal course of employment. If such person is the adopted child of any such law enforcement officer, firefighter, or prison guard, such person must have been adopted and any final order of adoption issued prior to the date of the accident or event causing the death or permanent disability of such parent;
  2. Such person must have been a citizen of this state for a period of at least 12 months immediately prior to the date of registration in an approved school and must remain a citizen of the state while receiving funds under this subpart;
  3. The deceased or disabled law enforcement officer, firefighter, or prison guard parent of such person must have been an employee, either full-time or part-time, or an officer or official, whether elected or appointed, of this state or any county, municipality, department, board, bureau, branch, agency, commission, authority, or political subdivision of the state on the date of the accident or event from which death or permanent disability resulted; and
  4. Any person otherwise meeting the conditions of this subpart shall be eligible to receive a grant even though the accident or the event causing the death or disability of such person's parent occurred prior to July 1, 1980.

(Ga. L. 1972, p. 1133, § 3; Ga. L. 1976, p. 541, § 2; Code 1933, § 32-3777, enacted by Ga. L. 1980, p. 835, § 3; Ga. L. 1992, p. 6, § 20; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11.)

OPINIONS OF THE ATTORNEY GENERAL

Applicant's parent must have been killed or disabled after 1969.

- Parent of an applicant for a scholarship under this section must have been killed or permanently disabled in a specific occurrence which transpired after January 1, 1969. 1973 Op. Att'y Gen. No. 73-26.

Death or permanent disability must be directly attributable to a specific occurrence to determine if the conditions of this section are met; this is not to say that death or permanent disability must be attributable to a single occurrence, but only to specific events which would satisfy the conditions to eligibility set forth in the law. 1973 Op. Att'y Gen. No. 73-26.

Child of a district attorney who was killed while apprehending burglars does not qualify for educational grant assistance under provisions of O.C.G.A. Art. 7, Ch. 3, T. 20, or other provisions of the Official Code of Georgia Annotated. 1985 Op. Att'y Gen. No. 85-53.


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