Tennessee § 49-4-902 - Part definitions. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

§ 49-4-902. Part definitions. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

As used in this part, unless the context otherwise requires: “Academic requirement” means a requirement of a specified grade point average, ACT or SAT score or cumulative grade point average that determines either initial or continuing eligibility for postsecondary financial assistance from net lottery proceeds; “Academic year” means: For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students in the fall semester 2009 or thereafter, three (3) consecutive semesters beginning with a fall semester and including the immediately following spring and summer semesters. This definition shall apply to the award of the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning with the fall semester 2011 for students; For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students prior to the fall semester 2009, a period of time, typically nine (9) months, in which a full-time student is expected to complete the equivalent of at least two (2) semesters of academic work; “ACT” means the ACT assessment administered by ACT; “Adjusted gross income attributable to the student” or “student's adjusted gross income” means: The adjusted gross income of the student's parent or parents as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is a dependent of a parent or parents; or The adjusted gross income of the student and, if applicable, the student's spouse as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is financially independent of parents; “Advanced degree” means a master's degree, a doctorate or other degree conferred by an eligible postsecondary institution upon completion of a unified program of study at the graduate level; “Certificate” or “diploma” means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a program of study offered by a Tennessee college of applied technology operated by the board of regents of the state university and community college system; “Continuous enrollment” means a student is enrolled in the fall and spring semesters of a single academic year. Enrollment in summer semester or inter-session terms is not required; “Cost of attendance” means the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the eligible postsecondary institution; “Dual enrollment grant” means a grant for study at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to students who are attending high school and who are also enrolled in college courses at eligible postsecondary institutions for which they will receive college credit; “Eligible high school” means: A Tennessee public secondary school; A private secondary school that is located in this state and is approved by the state board of education as a Category 1, 2 or 3 secondary school in accordance with the applicable rules and regulations; A secondary school operated by the United States department of defense on a military base that is located in whole or in part in this state; An out-of-state public secondary school located in a county bordering this state that residents of this state are authorized to attend under § 49-6-3108; or An out-of-state boarding school attended by a bona fide resident of this state that is accredited by: A regional accrediting association; or A member of the National Association of Independent Schools Commission on Accreditation; “Eligible independent postsecondary institution” means: An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees; [Deleted by 2020 amendment.] [Deleted by 2020 amendment.] A private four-year postsecondary institution that: Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years; Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years; Awards baccalaureate degrees; and Requires all students to participate in a four-level college work program in which students provide services to the institution and to the community; or A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state; “Eligible postsecondary institution” means an eligible independent postsecondary institution or an eligible public postsecondary institution; “Eligible program of study” means, beginning with the fall semester of 2021, a federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution; “Eligible public postsecondary institution” means: An institution operated by the board of regents of the state university and community college system; or An institution in the University of Tennessee system; “Entering freshman” means a student entering a postsecondary institution who has not attempted any semester hours at any postsecondary institution after graduating from high school, completing high school in a home school program or obtaining a GED(R) or HiSET(R); “FAFSA” means the Free Application for Federal Student Aid; “Freshman student” means a student at a postsecondary institution who is in the first two (2) semesters of full-time attendance or the equivalent, if the student attends part-time; “Full-time equivalent semester” means any semester in which a student is enrolled full-time and receives a Tennessee HOPE scholarship. A semester in which a part-time student attempts six (6), seven (7) or eight (8) semester hours and receives a Tennessee HOPE scholarship shall be counted as one-half (½) of a full-time equivalent semester. A semester in which a part-time student attempts nine (9), ten (10), or eleven (11) semester hours and receives a Tennessee HOPE scholarship shall be counted as three-fourths (¾) of a full-time equivalent semester; “Full-time student” means a student attending a postsecondary educational institution and enrolled for at least twelve (12) semester hours during each semester of attendance; “GED(R)” means a general educational development credential awarded by a state-approved institution or organization; [Deleted by 2020 amendment.] “General assembly merit scholarship” means the scholarship that is awarded for academic excellence under § 49-4-916. A “General assembly merit scholarship” consists of two (2) parts, a Tennessee HOPE scholarship and a general assembly merit scholar supplemental award; “Gift aid” means scholarships and grants from any source that do not require repayment, including funds provided through the federal Foster Care Independence Act of 1999, compiled generally in title 42 U.S.C., and other similar programs. Student loans and work-study awards shall not be considered gift aid; “Grade point average” means the numbered grade average calculated using a 4.0 scale; “High school grade point average” means grade point average on a 4.0 scale calculated with additional points awarded for advanced placement, honors or other similar courses, according to the uniform system of weighting of courses adopted by the state board of education, under § 49-1-302(a)(16); and “HiSET(R)” means the High School Equivalency Test credential awarded by a state-approved institution or organization; “Home school student” means a student who completed high school in a Tennessee home school program meeting the requirements of § 49-6-3050(a)(2) or (a)(3) or § 49-6-3050(b). For one (1) year immediately preceding completion of high school as a home school student, the student shall have been a student in a home school; “Middle college” means a program operated by an eligible public two-year postsecondary institution in partnership with an LEA that permits students in the fall semester of their junior year in high school to enter the eligible public two-year postsecondary institution and to earn both a high school diploma and an associate degree in two (2) years; “Nonacademic requirement” means any scholarship eligibility requirement other than an academic requirement; “Nontraditional student” means a student who: Is at least twenty-five (25) years of age; and Enrolls in an eligible postsecondary institution prior to August 1, 2018: As an entering freshman; or At least two (2) years after last attending any postsecondary institution; (i) Is at least twenty-five (25) years of age; and Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution on or after August 1, 2018: As an entering freshman; or At least two (2) years after last attending any postsecondary institution; or Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution on or after August 1, 2018, while maintaining continuous enrollment following completion of an associate degree under the Tennessee reconnect grant, established under § 49-4-944 ; “Parent” means the parent or guardian of a student; “Part-time student” means a student attending a postsecondary educational institution and enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance; “Regional accrediting association” means: The Middle States Commission on Higher Education; The New England Commission on Higher Education; The Higher Learning Commission; The Northwest Commission on Colleges and Universities; The Southern Association of Colleges and Schools; or The Western Association of Schools and Colleges; “SAT” means the Scholastic Aptitude Test administered by the College Board; “Scholarship” means a Tennessee HOPE scholarship or a Tennessee HOPE access grant; “Semester” means fall, spring, or summer semester at a postsecondary institution, if the institution is on a semester system, or the equivalent, if the institution is on a system other than a semester system; “Semester hour” means the credit hour used by a postsecondary institution, if the institution is on a semester system, or its equivalent, if the institution is on a system other than a semester system. “Semester hour” 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 GED(R) or HiSET(R); “Student who has obtained a GED(R) or HiSET(R)” means a student who was a resident of this state for at least one (1) year prior to obtaining a GED(R) or HiSET(R); “Tennessee HOPE access grant” means a grant for coursework in an eligible program of study in pursuit of an associate or baccalaureate degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to freshman students meeting the requirements of § 49-4-920 ; “Tennessee HOPE scholarship” means a scholarship for coursework in an eligible program of study in pursuit of an associate or baccalaureate degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part; “THEC” means the Tennessee higher education commission; “Title IV” means Title IV of the Higher Education Act of 1965, ( 20 U.S.C. § 1070 et seq.); “TSAC” means the Tennessee student assistance corporation; “Unweighted grade point average” means grade point average on a 4.0 scale calculated without additional points awarded for advanced placement, honors or other similar courses; and “Wilder-Naifeh technical skills grant” means a grant for coursework in an eligible program of study at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part. Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 1, 2, 26; 2004, ch. 881, § 8; 2005, ch. 481, §§ 1, 4, 27; 2006, ch. 977, § 2; 2008, ch. 1142, §§ 1, 2, 14, 25; 2010, ch. 1141, § 1; 2011, ch. 437, § 1; 2012, ch. 1095, §§ 1, 2; 2013, ch. 361, § 1; 2013, ch. 473, § 13; 2014, ch. 592, § 1; 2014, ch. 954, § 1; 2014, ch. 900, §§ 3, 4; 2015, ch. 495, §§ 1-3; 2017, ch. 405, § 1; 2017, ch. 448, § 2; 2018, ch. 695, § 2; 2020, ch. 794, §§ 25-30, 60, 61, 64–66. Code Commission Notes. Former subdivision (10)(B)(2), concerning eligibility of high schools that are candidates for full accreditation status, was deleted as obsolete by the code commission in 2009. Compiler's Notes. The URL of the website for the Tennessee student assistance corporation (TSAC) is http://www.tn.gov/tsac/. Acts 2004, ch. 840, § 30(a) provided that the amendment of subdivision (32) (now (25)) by § 26 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2005-2006 school year and thereafter. Acts 2004, ch. 840, § 30(b) provided that the amendment of subdivisions (6) and (7) (now (8) and (10)) by §§ 1 and 2 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter. Acts 2006, ch. 977, § 5 provided that the Tennessee student assistance corporation is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2006, ch. 977, § 6 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Appropriations were provided by Acts 2006, ch. 963. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average. Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year. Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act. Acts 2008, ch. 1142, § 30 provided that § 1 of the act, which amended the definition of nontraditional student, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2008-2009 academic year and academic years thereafter. Acts 2010, ch. 1141, § 2 provided that for the 2010-2011 academic year, eligibility for a Tennessee HOPE scholarship at private postsecondary institutions that were not eligible independent postsecondary institutions during the 2009-2010 academic year, but which qualify as eligible independent postsecondary institutions for the 2010-2011 academic year as the result of the modifications made to the definition of “eligible independent postsecondary institution” in § 49-4-902 , shall be limited to only those students who meet all applicable academic and general requirements for the scholarship and who are entering freshmen. TSAC shall publish this restriction concerning scholarship eligibility for the 2010-2011 academic year at such institutions on its website and in any publication, published after June 30, 2010, which indicates that such institutions are eligible independent postsecondary institutions for the 2010-2011 academic year. Any such institution shall publish this restriction concerning scholarship eligibility for the 2010-2011 academic year on its website and in any publication which indicates that such institution is an eligible independent postsecondary institution for the 2010-2011 academic year. Acts 2010, ch. 1141, § 3 provided that the act, which amended the definition of “eligible independent postsecondary institution”, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for academic year 2010-2011 and academic years thereafter. Acts 2011, ch. 437, § 7 provided that the act, which amended the definition of “academic year”, shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter. Acts 2013, ch. 361, § 2 provided that the act, which amended the definition of “home school student”, shall apply to students applying for postsecondary financial assistance from net lottery proceeds for the 2013-2014 academic year and academic years thereafter. For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900. Acts 2014, ch. 954, § 2 provided that the act, which rewrote (E) in the definition of “eligible high school”, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2014-2015 academic year and academic years thereafter. Acts 2017, ch. 405, § 3 provided that TSAC, in consultation with the state board of education, is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2017, ch. 405, § 4 provided that the act, which amended this section, shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to this act unless the funds are specifically appropriated by the general appropriations act. Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which amended this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794. Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”. Amendments. The 2020 amendment, effective August 1, 2020, in the definition of “Eligible independent postsecondary institution” deleted (B), which read: “(B)(i) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state; provided, however, that a postsecondary institution that was an eligible independent postsecondary institution and whose students received funds from the Tennessee education lottery scholarships prior to the amendment of this subdivision (11)(B) by the enactment of chapter 1142 of the Public Acts of 2008 shall remain an eligible postsecondary institution, until June 30, 2016, so long as the institution remains accredited by the Southern Association of Colleges and Schools; “(ii) A postsecondary institution that, pursuant to this subdivision (11)(B), shall cease to be an eligible independent postsecondary institution after June 30, 2016, shall include on its website and in any literature for students or prospective students a statement that students attending the institution after June 30, 2016, shall not be able to receive Tennessee HOPE scholarships for study at the institution. TSAC shall include the same information on its website and in any Tennessee HOPE scholarship informational brochures in which the eligible postsecondary institutions are listed. Such information shall be posted on the institution’s website and on TSAC’s website within thirty (30) days of May 21, 2012, and in any literature published by the institution or in any brochure with a list of eligible postsecondary institutions published by TSAC after May 21, 2012;” deleted (C), which read: “(C) A private, four-year or two-year postsecondary institution that: “(i) Has been chartered in this state as a not-for-profit entity for at least thirty (30) consecutive years; “(ii) Has had its primary campus domiciled in this state for at least thirty (30) consecutive years; “(iii) Is a member of an accrediting agency that is recognized by the United States department of education and the Council on Higher Education Accreditation; “(iv) Awards associate or baccalaureate degrees; and “(v) Has an articulation agreement with an institution of the state university and community college system or the University of Tennessee system; or”; and added (E); substituted “High school” for “Weighted” in the definition “High school grade point average”; in the definition of “Regional accrediting association”, substituted “Commission on Higher Education” for “Association of Colleges and Schools” twice, “Higher Learning Commission” for “North Central Association of Colleges and Schools”, and “Northwest Commission on Colleges and Universities” for “Northwestern Association of Schools and Colleges”; deleted the definition of “General assembly civic education scholarship”, which read: “‘General assembly civic education scholarship' means the scholarship funded from net lottery proceeds and awarded under § 49-4-939 to meet the goals of the general assembly to promote and encourage civic learning and participation in community and government by high school students;”; in the definition for “Eligible high school”, substituted “residents of this state” for “Tennessee residents” in (D) and substituted “resident of this State” for “Tennessee resident” in (E); and substituted “resident of this state” for “Tennessee resident” in the definition of “Student who has obtained a GED(R) or HiSET(R)”; and, effective July 1, 2021, added the definition of “Eligible program of study”; inserted “coursework in an eligible program of” in the definitions of “Tennessee HOPE access grant” and “Tennessee HOPE scholarship”; and rewrote the definition of “Wilder-Naifeh technical skills grant”, which read: “‘Wilder-Naifeh technical skills grant’ means a grant for study in pursuit of a certificate or diploma at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part.” Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020 and July 1, 2021. Attorney General Opinions. The requirement that home school students be enrolled in a Tennessee home school program for two years prior to graduation in order to be eligible for the HOPE scholarship would likely be upheld against any constitutional challenge. OAG 13-53, 2013 Tenn. AG LEXIS 56 (7/10/13). Uniform Grading Policy and HOPE Scholarship Eligibility. OAG 15-58, 2015 Tenn. AG LEXIS 59 (7/14/15).