North Carolina § 115C-112 - 5. Definitions.

§ 115C-112. 5. Definitions.

The following definitions apply in this Part: Authority. - The North Carolina State Education Assistance Authority. Child with a disability. - As defined in G.S. 115C-106.3(1). Disability. - As defined in G.S. 115C-106.3(2). Educational technology. - As defined by the Authority, an item, piece of equipment, material, product, or system which may be purchased commercially off the shelf, modified, or customized and that is used primarily for educational purposes for a child with a disability. Eligible student. - A child under the age of 22 who resides in North Carolina and meets all of the following criteria: Is a child with a disability. Is eligible to attend a North Carolina public school pursuant to G.S. 115C-366. Has not been placed in a nonpublic school or facility by a public agency at public expense. Has not been enrolled in a postsecondary institution as a full-time student taking at least 12 hours of academic credit. Has not received a high school diploma. Meets at least one of the following requirements: Was enrolled in a North Carolina public school or a Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina, during the spring semester prior to the school year for which the student is applying. The Authority shall not count actual days of attendance to determine whether a child was enrolled in a qualifying school for that semester for the purposes of eligibility under this sub-sub-subdivision. Received special education or related services through the North Carolina public schools as a preschool child with a disability during the spring semester prior to the school year for which the student is applying. Received a scholarship for the school year prior to the school year for which the student is applying. Is a child who is identified as a child with a disability prior to the end of the year of initial enrollment in kindergarten or first grade. An award by the Authority based on eligibility under this sub-sub-subdivision shall be conditional. If documentation is not provided to the Authority that the child is a child with a disability prior to the end of the year of initial enrollment, (i) no reimbursement shall be awarded and (ii) the child shall not qualify the following year as an eligible student under sub-sub-subdivision 3. of this section. Is a child whose parent or legal guardian is on full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 12301, et seq., and 10 U.S.C. § 12401, et seq. Is a child who has been domiciled in the State for at least six months. Is a child in foster care as defined in G.S. 131D-10.2(9). Is a child whose adoption decree was entered not more than one year prior to submission of the scholarship application. Is a child who meets both of the following: Was enrolled in a nonpublic school that meets the requirements of Article 39 of this Chapter during the spring semester prior to the school year for which the student is applying. Was enrolled for the entire school year immediately prior to the school year in which the student enrolled in the nonpublic school in one of the following: Nonpublic school. - A school that meets the requirements of Part 1, 2, or 3 of Article 39 of this Chapter as identified by the Division of Nonpublic Education, Department of Administration. Related services. - As defined in G.S. 115C-106.3(18). Scholarships. - Funds awarded by the Authority to eligible students to be used to receive special education on a daily basis while attending either a nonpublic school or a North Carolina public school for which payment of tuition is required. Special education. - Specially designed instruction to meet the unique needs of a child with a disability. The term includes instruction in physical education and instruction conducted in a classroom, the home, a hospital or institution, and other settings. A North Carolina public school. A Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina. History (2013-364, s. 4; 2014-49, s. 2; 2016-94, s. 11A.2(a); 2018-5, s. 10A.1(a), (b); 2018-145, s. 1(a).) Editor's Note. - Session Laws 2013-364, s. 4, enacted this section as G.S. 115C-112.2 . It has been renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2013-364, s. 5(a), as amended by Session Laws 2013-363, s. 3.2, provides: "(a) Of the funds appropriated to a Reserve for Pending Legislation by Senate Bill 402, 2013 Regular Session [S.L. 2013-360], there is allocated to the North Carolina State Education Assistance Authority (NCSEAA) the sum of three million six hundred seventy thousand five hundred dollars ($3,670,500) for the 2013-2014 fiscal year and the sum of four million three hundred forty-one thousand dollars ($4,341,000) for the 2014-2015 fiscal year in recurring funds to implement the requirements of this act. Of the funds allocated to NCSEAA under this section, NCSEAA shall use the sum of three million dollars ($3,000,000) for fiscal year 2013-2014 and the sum of three million dollars ($3,000,000) for fiscal year 2014-2015 to award scholarship grants to eligible students. Any unexpended funds for this purpose shall not revert at the end of each fiscal year but shall remain available to award scholarship grants to eligible students. "Of the remainder of the funds, up to six hundred seventy thousand five hundred dollars ($670,500) for fiscal year 2013-2014 and up to one million three hundred forty-one thousand dollars ($1,341,000) for fiscal year 2014-2015 shall be transferred to the North Carolina Department of Public Instruction to conduct reevaluations of eligible students as required by G.S. 115C-112.6(c) , as enacted by this act." Session Laws 2013-364, s. 5(b), as amended by Session Laws 2013-363, s. 3.2, as amended by Session Laws 2015-241, s. 11.18, provides: "(b) Of the funds allocated to NCSEAA to be used for the award of scholarship grants to eligible students under subsection (a) of this section, for fiscal year 2013-2014, NCSEAA may retain up to two hundred thousand dollars ($200,000) for administrative costs associated with the scholarship grant program. For fiscal year 2015-2016 and subsequent years, NCSEAA may retain up to four percent (4%) annually for administrative costs associated with the scholarship grant program." Session Laws 2013-364, s. 7, as amended by Session Laws 2013-363, s. 3.17, and as amended by Session Laws 2013-410, s. 47, provides: "Notwithstanding the definition for 'eligible student' set forth in G.S. 115C-112.5 , as enacted by this act, a child who is otherwise eligible to receive a scholarship grant for the spring semester of the 2013-2014 school year is deemed to have met the requirements of G.S. 115C-112.5(2) f., as enacted by this act, if the child is a dependent child for whom a taxpayer is allowed a credit for the fall semester of the 2013-2014 school year under G.S. 105-151.33 (now repealed) and the taxpayer affirms, under oath, that the taxpayer will claim the credit for that semester. Notwithstanding G.S. 105-259(b) , the Department of Revenue shall furnish, upon request, to the Authority a list of claimants that received a credit pursuant to G.S. 105-151.33 (now repealed) for the taxable year beginning on or after January 1, 2013. Notwithstanding the definition for 'eligible student' set forth in G.S. 115C-112.5 , as enacted by this act, a child who meets the requirements of G.S. 115C-112.5(a) through (e) and who is eligible for enrollment in kindergarten or the first grade in a North Carolina public school during the 2013-2014 school year shall be eligible to receive a scholarship grant for the spring semester of the 2013-2014 school year." Session Laws 2013-364, s. 8, made Part 1H effective July 29, 2013, and applicable beginning with the spring semester of the 2013-2014 school year. Section 8 also provides: "Notwithstanding the requirement to make applications available by May 1 in G.S. 115C-112.6(a) , as enacted by this act, applications for the 2014 spring semester shall be made available no later than October 1, 2013, and the Authority shall notify parents in writing of the eligibility as soon as practicable." Session Laws 2014-49, s. 1, effective July 1, 2014, and applicable to grants awarded beginning with the 2014-2015 school year, rewrote the Part 1H heading, which formerly read "Special Education Scholarship Grants for Children with Disabilities." Session Laws 2014-49, s. 9, as amended by Session Laws 2015-264, s. 83, made the amendments to this section by Session Laws 2014-49, s. 2, applicable to grants awarded beginning with the 2014-2015 school year. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 11A.2(d), provides: "Notwithstanding G.S. 115C-112.5(2) f.1., for the 2016-2017 school year only, a child shall be deemed to have met the eligibility requirement of enrollment in a North Carolina public school during the previous semester under G.S. 115C-112.5(2) f.1. if (i) the child's parent or guardian submitted an application and was eligible to receive a scholarship grant under Part 1H of Article 9 of Chapter 115C of the General Statutes for the 2015-2016 school year and was enrolled in a public school for at least 75 days during the spring semester of the 2014-2015 school year or (ii) the child was enrolled for at least 75 days during the spring semester of the 2015-2016 school year." Session Laws 2016-94, s. 11A.2(e), made the amendment to subdivision (2) by Session Laws 2016-94, s. 11A.2(a), applicable beginning with the 2016-2017 school year. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2018-5, s. 10A.1(h), made the amendment of sub-sub-subdivision (2)f.1. of this section by Session Laws 2018-5, s. 10A.1(a), effective June 12, 2018, and applicable to any student who was otherwise eligible to receive a scholarship pursuant to Part 1H of Article 9 of Chapter 115C of the General Statutes on or after January 1, 2017, for any scholarship application for the 2018-2019 school year or later. Session Laws 2018-5, s. 10A.1(h), further provides, in part: "A student who becomes eligible for a scholarship in the 2018-2019 school year solely due to subsection (a) of this section shall receive priority in award of scholarships over all applicants except those previously awarded scholarships." Session Laws 2018-5, s. 10A.1(h), made sub-sub-subdivisions (2)f.7. and(2)f.8. of this section, as added by Session Laws 2018-5, s. 10A.1(b), effective July 1, 2018, and applicable beginning with scholarship applications for the 2019-2020 school year. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2018-145, s. 1(c), provides: "Any student who meets the following requirements shall qualify as an eligible student and shall be eligible to receive a scholarship pursuant to Part 1H of Article 9 of Chapter 115C of the General Statutes: "(1) Was enrolled in a North Carolina public school or a Department of Defense Elementary and Secondary School for the entire 2016-2017 school year. "(2) Was enrolled in a nonpublic school that meets the requirements of Article 39 of this Chapter in the 2017-2018 and 2018-2019 school years. "(3) Meets the eligibility requirements of G.S. 115C-112.5(2) a. through e. "(4) Submits a scholarship application for the 2019-2020 school year. "A student who becomes eligible for a scholarship in the 2019-2020 school year solely due to this subsection shall receive priority in award of scholarships over all applicants except those previously awarded scholarships." Effect of Amendments. - Session Laws 2014-49, s. 2, effective July 1, 2014, rewrote the section. See Editor's note for applicability. Session Laws 2016-94, s. 11A.2(a), effective July 1, 2016, inserted "resides in North Carolina and" in subdivision (2); inserted "or a Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina" in subdivision (2)f.1; and added subdivisions (2)f.5 and 6. See editor's note for applicability. Session Laws 2018-5, s. 10A.1(a), added the last sentence in sub-subdivision (2)f.1. For effective date and applicability, see editor's note. Session Laws 2018-5, s. 10A.1(b), added sub-subdivisions (2)f.7. and 8. For effective date and applicability, see editor's note. Session Laws 2018-145, s. 1(a), effective December 27, 2018, in subdivision (2)f., substituted "spring semester prior to the school year for which the student is applying" for "previous semester" twice; in subdivision (2)f.1., substituted "that" for "the previous" following "qualifying school for"; rewrote subdivision (2)f.3.; and added subdivision (2)f.9.