North Carolina § 115C-562 - 2. Scholarship grants.

§ 115C-562. 2. Scholarship grants.

The Authority shall make available no later than February 1 annually applications to eligible students for the award of scholarship grants to attend any nonpublic school. Information about scholarship grants and the application process shall be made available on the Authority's Web site. Beginning March 15, the Authority shall begin awarding scholarship grants according to the following criteria: First priority shall be given to eligible students who received a scholarship grant for the school year prior to the school year for which the students are applying if those students have applied by March 1. After scholarship grants have been awarded to prior recipients as provided in subdivision (1) of this subsection, scholarships shall be awarded with remaining funds as follows: At least fifty percent (50%) of the remaining funds shall be used to award scholarship grants to eligible students residing in households 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. Repealed by Session Laws 2020-97, s. 3.3(a), effective September 4, 2020. Scholarship grants awarded to eligible students residing in households 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 shall be for amounts of up to four thousand two hundred dollars ($4,200) per year. Scholarship grants awarded to eligible students residing in households with an income level in excess of the amount required for the student to qualify for the federal free or reduced-price lunch program shall be for amounts of not more than ninety percent (90%) of the required tuition and fees for the nonpublic school the eligible child will attend. Tuition and fees for a nonpublic school may include tuition and fees for books, transportation, equipment, or other items required by the nonpublic school. No scholarship grant shall exceed four thousand two hundred dollars ($4,200) per year per eligible student, and no scholarship grant shall exceed the required tuition and fees for the nonpublic school the eligible student will attend. Beginning with the 2017-2018 school year, within the funds appropriated by the General Assembly to award scholarship grants to eligible students under this Part, the Authority may award scholarship grants to at least 2,000 more eligible students each school year than were served in the prior school year. The Authority shall permit an eligible student receiving a scholarship grant to enroll in a different nonpublic school and remain eligible. An eligible student receiving a scholarship grant who transfers to another nonpublic school during the year may be eligible to receive a pro rata share of any unexpended portion of the scholarship grant for tuition and fees at the nonpublic school to which the student transfers. The Authority shall establish rules and regulations for the administration and awarding of scholarship grants and may include in those rules a lottery process for selection of scholarship grant recipients within the criteria established by this section. Scholarship applications and personally identifiable information related to eligible students receiving scholarship grants shall not be a public record under Chapter 132 of the General Statutes. For the purposes of this section, personally identifiable information means any information directly related to a student or members of a student's household, including the name, birthdate, address, Social Security number, telephone number, e-mail address, financial information, or any other information or identification number that would provide information about a specific student or members of a specific student's household. c. Any remaining funds shall be used to award scholarship grants to all other eligible students. History (2013-360, s. 8.29(a); 2014-100, s. 8.25(a), (b); 2016-94, s. 11A.3(b), (e); 2018-145, s. 1(e); 2020-97, s. 3.3(a).) 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(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(g) provides: "Notwithstanding the requirement in G.S. 115C-562.2(a) , as amended by this section, that the State Education Assistance Authority (Authority) make available applications for scholarship grants to attend nonpublic schools by February 1, the Authority shall make applications for the award of scholarships for the 2015 spring semester available no later than October 1, 2014, and the Authority shall notify parents in writing of the eligibility as soon as practicable. Notwithstanding the awards criteria in G.S. 115C-562.2(a) , as amended by this section, and the definition of eligible student in G.S. 115C-562.1(2) , to be eligible to receive a scholarship grant for the 2015 spring semester, 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 fall semester. "The Authority shall establish temporary rules and regulations for the administration and awarding of scholarship grants for the 2015 spring semester. The Authority shall give priority to an eligible student who applied but did not receive an award for the 2014-2015 school year in the awarding of scholarship grants for the 2015 spring semester. The Authority may also develop a process for awarding grants using a random lottery system." Session Laws 2014-100, s. 8.25(h) provides: "Notwithstanding G.S. 115C-562.2(b) , scholarship grants awarded to eligible students for the 2015 spring semester shall be for amounts of up to two thousand one hundred dollars ($2,100). No scholarship grant shall exceed the required tuition and fees for the nonpublic school the eligible student will attend. Tuition and fees for a nonpublic school may include tuition and fees for books, transportation, equipment, or other items required by the nonpublic school." 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 (a)(2) by Session Laws 2016-94, s. 11A.3(b), 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 2020-97, s. 3.3(b), provides: "Applicability of Removing the K-1 Grade Cap. - Subsection (a) of this section applies beginning with applications for scholarship grants for the 2020-2021 school year. From the funds made available pursuant to subsection (a) of this section, the State Education Assistance Authority shall award scholarship funds for the fall semester of the 2020-2021 school year to provide an alternative educational option during the coronavirus disease 2019 (COVID-19) pandemic to eligible students who (i) had applied for scholarship funds for the 2020-2021 school year within the application deadlines established by the Authority and (ii) had not been awarded scholarship funds as of the date this act becomes law." Session Laws 2020-97, s. 4.5, is a severability clause. Effect of Amendments. - Session Laws 2014-100, s. 8.25(a), effective August 7, 2014, substituted "March 15" for "March 1" in the first paragraph of subsection (a). Session Laws 2014-100, s. 8.25(b), effective retroactively to July 1, 2013, added subsection (e). Session Laws 2016-94, s. 11A.3(b), effective July 1, 2016, substituted "forty percent (40%)" for "thirty-five percent (35%)" in subdivision (a)(2)b. See editor's note for applicability. Session Laws 2016-94, s. 11A.3(e), effective July 1, 2016, added subsection (b1). Session Laws 2018-145, s. 1(a), effective December 27, 2018, in subdivision (a)(1), substituted "for the school year prior to the school year for which the students are applying" for "during the previous school year" following "scholarship grant." Session Laws 2020-97, s. 3.3(a), effective September 4, 2020, deleted subdivision (a)(1)b., which read: "No more than forty percent (40%) of the remaining funds shall be used to award scholarship grants to eligible students entering either kindergarten or first grade.”