North Carolina § 115C-562 - 1. Definitions.

§ 115C-562. 1. Definitions.

The following definitions apply in this Part: Authority. - The State Education Assistance Authority. Division. - The Division of Nonpublic Education, Department of Administration. Eligible students. - A student residing in North Carolina who has not yet received a high school diploma and who meets all of the following requirements: Meets one of the following criteria: Was a full-time student (i) assigned to and attending a public school pursuant to G.S. 115C-366 or (ii) enrolled in 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. Received a scholarship grant for the school year prior to the school year for which the student is applying. Is entering either kindergarten or the first grade. 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 grant application. 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. Resides in a household with an income level not in excess of one hundred fifty percent (150%) of the amount required for the student to qualify for the federal free or reduced-price lunch program. The Authority shall not count any distribution from the estate of a decedent in calculating the income level of the applicant's household for the purposes of determining eligibility for a scholarship under this sub-subdivision. Local school administrative unit. - A local school administrative unit, charter school, or regional school. Nonpublic school. - A school that meets the requirements of Part 1 or Part 2 of this Article as identified by the Division. Reserve. - The Opportunity Scholarship Grant Fund Reserve established under G.S. 115C-562.8. Scholarship grants. - Grants awarded annually by the Authority to eligible students. a1. Has not enrolled in a postsecondary institution in a matriculated status eligible for enrollment for 12 hours of academic credit. History (2013-360, s. 8.29(a); 2016-94, s. 11A.3(a), (d); 2018-97, s. 2.12(a); 2018-145, s. 1(d); 2020-97, s. 3.3(c).) Editor's Note. - Session Laws 2013-360, s. 8.29(e), provides: "Notwithstanding the awards criteria in G.S. 115C-562.2(a)(1) and (2), as enacted by this section, and the definition of eligible student in G.S. 115C-562.1(3) , as enacted by this section, for the 2014-2015 school year, to be eligible to receive a scholarship grant, a student shall meet both of the following criteria: "(1) Reside in a household with an income level not in excess of the amount required for the student to qualify for the federal free or reduced-price lunch program. "(2) Be a full-time student who has not yet received a high school diploma and is assigned to and attending a public school pursuant to G.S. 115C-366 during the 2014 spring semester. "The Authority shall establish temporary rules and regulations for the administration and awarding of scholarship grants in 2014-2015, which may include a process for awarding grants using a random lottery system." Session Laws 2013-360, s. 8.29(f), provides: "The Authority may retain up to four hundred thousand dollars ($400,000) annually for administrative costs associated with the scholarship grant program." Session Laws 2016-94, s. 11A.3(h), repeals Session Laws 2013-360, s. 8.29(f), effective July 1, 2017. Session Laws 2013-360, s. 8.29(h), provides: "This section applies beginning with the 2014-2015 school year. In accordance with G.S. 115C-562.2 , as enacted by this section, the Authority shall make applications available for the 2014-2015 school year no later than February 1, 2014, and shall begin awarding grants no later than March 1, 2014. Information about scholarship grants and the application process shall be made available on the Authority's Web site. In accordance with G.S. 115C-562.4 , as enacted by this section, the Division of Nonpublic Education, Department of Administration, shall make available to the Authority a list of all nonpublic schools operating in the State that meet the requirements of Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes no later than February 1, 2014." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2014-100, s. 8.25(j), provides: "Except as otherwise provided in this section, Part 2A of Article 39 of the General Statutes shall apply to the award of scholarship grants for the 2015 spring semester by the Authority." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2016-94, s. 11A.3(c), provides: "It is the intent of the General Assembly to move the Opportunity Scholarship Grant program funding into the Opportunity Scholarship Grant Fund Reserve (Reserve) established under G.S. 115C-562.8 , as enacted by this section, so that funds appropriated for scholarship grants in a fiscal year are awarded to students for the school year in the following fiscal year. This change shall provide additional program stability." Session Laws 2016-94, s. 11A.3(i), made the amendment to subdivision (3) by Session Laws 2016-94, s. 11A.3(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 2018-97, s. 2.12(b), provides: "Subsection (a) of this section is effective the date this act becomes law [June 26, 2018] and applies to any student who was otherwise eligible to receive a scholarship pursuant to Part 2A of Article 39 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. A student who becomes eligible for a scholarship in the 2018-2019 school year solely due to subsection (a) of this section shall receive first priority in award of scholarships in the same manner as those previously awarded scholarships." Session Laws 2020-97, s. 3.3(d), provides: "Applicability of Change to Income Eligibility Threshold. - Subsection (c) of this section applies beginning with applications for the spring semester of the 2020-2021 school year." Session Laws 2020-97, s. 4.5, is a severability clause. Effect of Amendments. - Session Laws 2016-94, s. 11A.3(a), (d), effective July 1, 2016, in subdivision (3), inserted "residing in North Carolina" in the introductory paragraph; in subdivision (3)a.1., inserted "(i)" and "(ii) enrolled in a Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina"; added subdivisions (3)a.6. and (3)a1. See editor's note for applicability. Session Laws 2016-94, s. 11A.3(d), effective July 1, 2016, added subdivision (5a). Session Laws 2018-97, s. 2.12(a), added the last sentence in sub-subdivision (3)b. For effective date and applicability, see editor's note. Session Laws 2018-145, s. 1(d), effective December 27, 2018, in subdivision (3)a.1., substituted "spring semester prior to the school year for which the student is applying" for "previous semester" at the end; and rewrote subdivision (3)a.2. Session Laws 2020-97, s. 3.3(c), effective September 4, 2020, substituted "one hundred thirty-three percent (133%)” for "one hundred fifty percent (150%) in subdivision (3)b.