Eligibility for Scholarships or Grants

  1. Law
  2. Georgia Code
  3. Education
  4. Postsecondary Education
  5. Scholarships, Loans, and Grants
  6. Hope Scholarships and Grants
  7. Eligibility for Scholarships or Grants

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  1. A student is eligible for any scholarship or grant described in this part if the student:
    1. Meets residency requirements by:
        1. 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
        2. (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
      2. 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
      3. Being classified as a legal resident of Georgia if such student is a member of the Georgia National Guard; a member of a reserve component of the armed forces of the United States located in Georgia; or 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 his or her home of record; and
    2. Meets all applicable requirements of this part relating to the relevant scholarship or grant and applicable to the student.
  2. 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.

(Code 1981, §20-3-519.1, enacted by Ga. L. 1998, p. 626, § 2; Ga. L. 1999, p. 81, § 20; Ga. L. 2000, p. 136, § 20; Ga. L. 2011, p. 1, § 2/HB 326; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2018, p. 1088, § 1/SB 82.)

The 2018 amendment, effective July 1, 2018, in subparagraph (a)(1)(B), inserted "a member of the Georgia National Guard; a member of a reserve component of the armed forces of the United States located in Georgia; or" in the middle, and substituted "his or her" for "their" near the end.

Editor's notes.

- 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.

OPINIONS OF THE ATTORNEY GENERAL

Compliance with Fair and Open Grants Act in administering scholarships.

- It was not the intent of the General Assembly that the Georgia Student Finance Commission comply with the Fair and Open Grants Act, O.C.G.A. § 28-5-120 et seq., in administering the HOPE Scholarship, Hope Grant, and other state scholarship and grant programs. 2002 Op. Att'y Gen. No. 2002-2.

RESEARCH REFERENCES

ALR.

- Rights of Undocumented or Nonimmigrant Aliens or Their Children to Equal Access to Public Elementary or Higher Education, 27 A.L.R. Fed. 3d 2.


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