HB1325.html
04 HB 1325/AP

House Bill 1325 (AS PASSED HOUSE AND SENATE)
By: Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1, and Cummings of the 19th



A BILL TO BE ENTITLED
AN ACT

To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; to delete an obsolete reference; to revise and add definitions; to provide for loss of eligibility for the HOPE scholarship for any student who does not possess at least a cumulative 3.0 grade point average at the end of each spring quarter or semester; to provide for loss of eligibility for the HOPE scholarship for any part-time students under certain conditions; to provide for restoration of such eligibility; to provide for courses taken as postsecondary options to be included in HOPE hour limits; to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants; to provide for changes to the amount of HOPE scholarships at private institutions for students enrolled less than full-time; to provide for a limitation on quarter hours or semester hours of eligibility for HOPE grants and eligibility for combined HOPE scholarships and grants; to provide for exceptions; to create the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to provide that employees of certain organizations are considered residents of Georgia for purposes of the HOPE program; to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by Governor, appropriations by General Assembly, and shortfall reserve subaccount, so as to provide for changes to the amount of book allowances and fees for a HOPE scholarship or grant under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-157, relating to the uniform reporting system for specified purposes, and inserting in lieu thereof the following:
"20-2-157.
(a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title.
(b) Beginning May 1, 2007, each Each school system and private school shall adopt the following reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school;
(2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students;
(3) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or
(B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0.
Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; or
(4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student´s eligibility status prior to May 1, 2007; and
(5) Beginning May 1, 2007, only Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1.
(c)(1) Prior to May 1, 2007, each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(A) A final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or
(B) A final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements.
(2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1."

SECTION 2.
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking paragraphs (6), (11), (13), (21), and (22) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, and inserting in lieu thereof the following:
"(6) 'Eligible high school' means a public or private secondary school which is:
(A) Located in Georgia and accredited as such by:
(i) The Southern Association of Colleges and Schools;
(ii) The Georgia Accrediting Commission;
(iii) The Georgia Association of Christian Schools;
(iv) The Association of Christian Schools International;
(v) The Georgia Private School Accreditation Council; or
(vi) The Accrediting Commission for Independent Study; or
(vii) The Southern Association of Independent Schools; or
(B) Located in another state and accredited by one of the following regional agencies:
(i) The Southern Association of Colleges and Schools;
(ii) The New England Association of Schools and Colleges;
(iii) The Middle States Association of Colleges and Schools;
(iv) The North Central Association of Colleges and Schools;
(v) The Northwestern Association of Schools and Colleges;
(vi) The Western Association of Schools and Colleges; or
(vii) The Alabama Independent School Association; or
(viii) The Southern Association of Independent Schools."
"(11) 'Full-time student' means a matriculated student attending a postsecondary educational institution and enrolled for the equivalent of at least 12 quarter or semester hours or the equivalent in any given semester or quarter."
"(13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.4 or 20-3-519.5."
"(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development (GED) certificate, or diploma.
(22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) certificate, or diploma."

SECTION 3.
Said chapter is further amended by adding new paragraphs (12.1) and (19.1) to Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, to read as follows:
"(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."
"(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."

SECTION 4.
Said chapter is further amended by striking Code Section 20-3-519.2 relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.2.
(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be 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 Department of Technical and Adult Education;
(2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or
(B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of the Code section;
(ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public 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 HOPE scholarship for such student´s freshman year to be paid at the end of the freshman year; or
(iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public 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 HOPE scholarship for such student´s freshman year to be paid at the end of the freshman year; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
(b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be 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 Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at institution:
(i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or
(ii) At the end of three consecutive quarters or semesters if such student is a part-time student and has maintained part-time student status for three consecutive quarters or semesters; and
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be 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 Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be 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 Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship.
(B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship.
(2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied.
(f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required.
(g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events:
(A) The student has earned a baccalaureate degree; or
(B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours.
(2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of:
(A) A total of 225 attempted quarter hours or 150 attempted semester hours; or
(B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours.
(3) For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1.
(h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection.
(2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13."

SECTION 5.
Said chapter is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.3.
(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission;
(2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or
(B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section;
(ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public 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 HOPE scholarship for such student´s freshman year to be paid at the end of the freshman year; or
(iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public 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 HOPE scholarship for such student´s freshman year to be paid at the end of the freshman year; and
(3) Meet enrollment standards by:
(A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and
(B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institution´s drop and add period.
(b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission;
(2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at institution:
(i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or
(ii) At the end of three consecutive quarters or semesters if such student is a half-time student and has maintained part-time student status for three consecutive quarters or semesters; and
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by:
(A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and
(B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institution´s drop and add period.
(c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission;
(2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by:
(A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and
(B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institution´s drop and add period.
(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be 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 Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and
(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by:
(A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and
(B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institution´s drop and add period.
(e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship.
(B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship.
(2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied.
(f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events:
(A) The student has earned a baccalaureate degree; or
(B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours.
(2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of:
(A) A total of 225 attempted quarter hours or 150 attempted semester hours; or
(B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours.
(3) For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1.
(g)(1) Except as provided for in paragraph (2), subject Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year.
(2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year."

SECTION 6.
Said chapter is further amended by striking Code Section 20-3-519.4, relating to terms and conditions for receipt of certain HOPE grants at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.4.
(a) An eligible student attending an eligible private postsecondary institution and receiving a HOPE grant during the 1995-1996 academic year under the terms and conditions of eligibility effective for students of eligible private postsecondary institutions during such term will be eligible to continue receiving HOPE grant funds under the same terms and conditions until the earlier of the following:
(1) The end of the spring term of 1999; or
(2) Graduation.
(b) A student who received the HOPE grant at a private postsecondary institution for at least one semester or quarter beginning with the summer term of 1995 through the spring term of 1997 is not eligible for the HOPE scholarship at an eligible postsecondary institution until a quarter or semester beginning with or after the summer term of 1999. Reserved."

SECTION 7.
Said chapter is further amended by striking Code Section 20-3-519.5, relating to eligibility for HOPE grants, and inserting in lieu thereof the following:
"20-3-519.5.
(a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Georgia Department of Technical and Adult Education or a unit of the University System of Georgia shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program 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 Department of Technical and Adult Education; and
(2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled.
(b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section.
(c) Subject to the provisions of subsection (e) of this Code section, an An eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies.
(d)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection.
(2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13.
(e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1.
(f) A student enrolled in a diploma program designed to be more than 95 quarter hours or 63 semester hours in length is eligible to receive a HOPE grant for the lesser of:
(1) A total of 130 attempted quarter hours or 86 attempted semester hours; or
(2) The number of hours required for graduation."

SECTION 8.
Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.13.
(a) There is created as a joint committee of the General Assembly the HOPE Scholarship/Pre-K Legislative Oversight Committee, to be composed of three members of the House Committee on Higher Education and three members of the House Committee on Education, to be appointed by the Speaker of the House of Representatives; and three members of the Senate Higher Education Committee and three members of the Senate Education Committee, to be appointed by the Committee on Assignments. The chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee shall serve as cochairpersons for the oversight committee. The oversight committee shall study, inquire into, and review the operations of the Georgia Student Finance Commission with respect to the administration of HOPE scholarships and grants under this part, as well as review and evaluate the conditions, needs, and issues of the HOPE scholarship and grant program as provided for under this part, Georgia´s Pre-K program, and any other programs that receive funds from the Lottery for Education Account, as provided for in Article 1 of Chapter 27 of Title 50. Such study and review shall be conducted during the first year of each biennium of the General Assembly so as to determine whether any legislative action may be necessary. The oversight committee may conduct any independent audit or investigation of the commission or any other appropriate agency it deems necessary.
(b) The Georgia Student Finance Commission and the Department of Early Care and Learning shall provide the oversight committee with a complete report of the HOPE scholarship and grant program and the Georgia Pre-K Program no later than December 1 of each year. The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) of this Code section.
(c) The Georgia Student Finance Commission shall submit to the HOPE Scholarship/Pre-K Legislative Oversight Committee, no later than December 31, 2004, a proposed plan of implementation regarding the requirements of subsection (b) of Code Section 20-2-157 and the implications that will result from such changes to the reporting system. Such plan shall contain any information designated by the oversight committee, which shall include, but not be limited to, the following:
(1) All criteria relating to academic qualifications proposed by the commission which will be used to make a determination of whether a student qualifies for a HOPE scholarship or grant under subsection (b) of Code Section 20-2-157;
(2) Procedures to provide notice and guidance to local school systems and private schools as to the effect of the change in the grading system established by subsection (b) of Code Section 20-2-157; and
(3) Methods to encourage local school systems and private schools to review and address their grading scales in light of the change in the grading system established by subsection (b) of Code Section 20-2-157.
The HOPE Scholarship/Pre-K Legislative Oversight Committee shall review the proposed plan of implementation."

SECTION 9.
Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.14.
Any residency requirements established pursuant to this part shall provide, at a minimum, that full-time Georgia employees of Free Trade Area of the Americas (FTAA) based in Georgia that are recognized by the United States Department of State, and their spouses and dependents, shall be classified as residents of Georgia."

SECTION 10.
Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, is amended by inserting a new paragraph (5) of subsection (b) to read as follows:
"(5)(A) For purposes of this subsection, the term 'year-end balance' shall mean the amount, as determined by the state auditor, of unexpended and uncommitted funds in the Lottery for Education Account at the end of a fiscal year, which shall not include amounts contained in the subaccounts provided for in paragraphs (3) and (4) of this subsection.
(B)(i) In the event that the year-end balance of a fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall not exceed $150.00 per year beginning in the next fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program.
(ii) In the event that the year-end balance of any subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the subsequent fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program.
(iii) In the event that the year-end balance of any further subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter."

SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.