Tennessee § 49-4-905 - Student eligibility.

§ 49-4-905. Student eligibility.

To be eligible for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship or a Wilder-Naifeh technical skills grant, a student must: Be a resident of this state, as classified pursuant to § 49-8-104; Make application for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship, or Wilder-Naifeh technical skills grant; and Be admitted to an eligible postsecondary institution. Notwithstanding anything in this part to the contrary, any person who, after December 1, 2003, enrolled in an eligible postsecondary institution in lieu of graduating from an eligible high school, and is otherwise qualified, shall be eligible for a Tennessee HOPE scholarship. To be eligible for a Tennessee HOPE scholarship, a student shall have graduated from an eligible high school, graduated from a high school located in Tennessee that is not an eligible high school, completed high school in a Tennessee home school program or obtained a GED(R) or HiSET(R). To be eligible for a Tennessee HOPE access grant a student shall have graduated from an eligible high school. This subsection (b) shall not apply to those students applying for Wilder-Naifeh technical skills grants. Acts 2003, ch. 298, §§ 1, 9; 2004, ch. 840, §§ 3-5; 2006, ch. 977, §§ 3, 4; 2015, ch. 495, § 4; 2020, ch. 794, § 31. Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the amendment by 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. 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 rewrote (a)(1), which read: “Been a Tennessee resident, as defined by regulations promulgated by the board of regents under § 49-8-104 , for one (1) year immediately preceding the date of application for a scholarship or grant or for the renewal of a scholarship or grant;”; substituted “Make” for “Made” in (a)(2); and substituted “Be” for “Been” in (a)(3). Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020. Attorney General Opinions. Lottery scholarship eligibility criteria, OAG 04-094, 2004 Tenn. AG LEXIS 103 (5/18/04). 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).