05 LC 9 1583
House
Bill 272
By:
Representatives Hembree of the
67th,
Sims of the
169th,
Oliver of the
83rd,
O`Neal of the
146th,
and Byrd of the
20th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating
to postsecondary education, so as to provide for a program of educational and
living expense grants for certain children who qualify as foster children; to
provide for eligibility; to provide for administration, practices, procedures,
and requirements related to such grants; to provide for reports; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 20 of the Official Code of Georgia Annotated, relating to
postsecondary education, is amended by adding at the end thereof a new Article
12 to read as follows:
"ARTICLE
12
20-3-660.
From
funds appropriated by the General Assembly for such purpose, there is created a
program of grants for the payment of postsecondary tuition, ancillary fees, and
living expenses for Georgia foster children and adopted children. Such grants
shall be subject to the following terms and conditions:
(1)
Tuition, ancillary student fees, and the cost-of-living expenses for any
undergraduate program of any Georgia public postsecondary institution, including
all four-year and two-year colleges and universities and institutions of the
Georgia Community and Technical College System, shall be paid for a Georgia
foster or adopted child who is a full-time or part-time student if the student
meets all entrance requirements and maintains academic eligibility while
enrolled at the postsecondary institution and if:
(A)
The
student́s
family receives state funded adoption assistance under Code Section
49-5-8;
(B)
The student is currently committed to the Department of Family and Children
Services under Code Section 15-1-55 and placed in a family foster home or is
placed in accordance with Code Section 15-11-2;
(C)
The student is in an independent living program and the placement is funded by
the Department of Family and Children Services; or
(D)
The student who is an adopted child was in the permanent legal custody of and
placed for adoption by the Department of Family and Children Services following
the
child́s
fourteenth birthday. A student who meets the eligibility criteria of this
subparagraph and lives outside this state at the time of application to a
Georgia postsecondary institution may apply for the grant as though he or she
were still a resident of this state.
(2)
The student shall:
(A)
Obtain the application for the grant through the Department of Family and
Children Services; and
(B)
Complete the Free Application for Federal Student Aid to determine the level of
need and eligibility for state and federal financial aid programs. If the
student́s
financial need for total cost of attendance, as defined in 20 U.S.C. Sec.
1087ll, exceeds the available funding from all sources, except loans and the
work-study program under 42 U.S.C. Secs. 2751-2756b, the foster care tuition
grant shall be used to cover the excess assessed need for cost of attendance at
the postsecondary institution.
(3)
The student shall be eligible and remain eligible for the grant so long
as:
(A)
The student applies for entrance to the institution within three years of
receipt of his or her high school diploma or general educational development
certificate;
(B)
The student maintains satisfactory academic progress as defined by the
institution attended; and
(C)
The student has not reached the age of 26.
(4)
The Department of Family and Children Services shall:
(A)
Advertise the availability of the program and ensure that the children and young
adults leaving foster care, foster parents, and family services counselors are
informed of the availability of the program and the application
procedures;
(B)
Provide grant applications to all students leaving foster care; and
(C)
Report the number of students participating in the tuition grant program on
October 1 of each year to the Office of Planning and Budget and the Office
of the Child Advocate.
(5)
Cost-of-living expenses and necessary fees shall be determined for this program
by the institution in which the student enrolls. Cost-of-living may include but
is not limited to room, board, books, fees, supplies, transportation fees, and a
basic health care policy endorsed by the institution in which the student is
enrolled.
(6)
The Education Coordinating Council shall report nonidentifying data on
graduation rates of students participating in the tuition grant program by
November 30 each year to the Office of Planning and Budget and the Office of the
Child Advocate.
(7)
Nothing in this Code section shall be construed to:
(A)
Guarantee acceptance of or entrance into any postsecondary institution for a
foster or adopted child;
(B)
Limit the participation of a foster or adopted student in any other program of
financial assistance for postsecondary education;
(C)
Require any postsecondary institution to waive costs or fees relating to
tuition, fees, room, and board;
(D)
Restrict any postsecondary institution or the Department of Family and Children
Services from accessing other sources of financial assistance, except loans,
that may be available to a foster or adopted student; or
(E)
Prevent the student from maintaining the grant if transferring to another public
postsecondary institution in this state, provided that the student meets all of
the requirements of the transferring and receiving
institutions."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.