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ARKANSAS STATUTES AND CODES

§ 6-85-204 - Definitions.

6-85-204. Definitions.

As used in this subchapter:

(1) "ACT" means the ACT Assessment administered by ACT, Inc.;

(2) "ACT equivalent" means the Scholastic Aptitude Test (SAT), COMPASS, Accuplacer, or other nationally normed test that is correlated with the ACT and approved by the Department of Higher Education for use by institutions of higher education to assess a person's college readiness;

(3) "Approved institution of higher education" means an institution of higher education approved by the Department of Higher Education to participate in the Arkansas Academic Challenge Scholarship Program -- Part 2 and that is:

(A) A state-supported two-year or four-year college or university;

(B) A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; or

(C) An approved school of nursing, subject to the provisions of 6-85-213(c);

(4) (A) "Approved school of nursing" means a school of nursing with its primary headquarters located in Arkansas that:

(i) Prepares students as registered nurses;

(ii) Grants nursing diplomas;

(iii) Is eligible to participate in Title IV federal student aid programs;

(iv) Is approved by the Arkansas State Board of Nursing;

(v) Has been approved by the Department of Higher Education as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and

(vi) Is not a two-year or four-year college or university;

(5) "Continuously enrolled" means:

(A) For a traditional student, he or she completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and completes thirty (30) semester hours each academic year thereafter, not including any summer term;

(B) For a full-time nontraditional student, he or she completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters, not including a summer term;

(C) For a full-time current achiever student, he or she:

(i) Before receiving a scholarship under this subchapter, completed at least twelve (12) semester hours of courses in consecutive semesters, not including a summer term; and

(ii) As a recipient of a scholarship under this subchapter, completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters, not including a summer term; and

(D) For a part-time nontraditional student, he or she completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters, not including a summer term;

(6) "Current achiever student" means a student:

(A) Who meets the requirements of 6-85-209; and

(B) Is not a traditional student or a nontraditional student;

(7) "End-of-course assessment" means an examination taken at the completion of a course of study to determine whether a student demonstrates attainment of the knowledge and skills necessary for mastery of that subject;

(8) "General Educational Development test" means a test measuring the knowledge and skills usually learned in high school that is administered by a state-approved institution or organization;

(9) "High school grade point average" means the numbered grade average on a student's high school transcript calculated:

(A) For a traditional student, using the first seven (7) of the last eight (8) semesters the student completed prior to graduating high school; or

(B) For a nontraditional student, using the last eight (8) semesters the student completed before graduating high school;

(10) "Lawful permanent resident" means a non-United States citizen who resides in the United States under a legally recognized and lawfully recorded permanent residence and who may receive state public benefits under 8 U.S.C. 1622;

(11) "Net proceeds from the state lottery" means lottery proceeds for one (1) fiscal year less the operating expenses defined in 23-115-103 for the fiscal year;

(12) "Nonlottery state educational resources" means the funding available for state-supported scholarships and grants for students enrolled in postsecondary education in this state that:

(A) The General Assembly makes available from general revenue to the Higher Education Grants Fund Account without consideration of the availability of proceeds from the state lottery; and

(B) The Department of Finance and Administration estimates is available for distribution to the Higher Education Grants Fund Account during a fiscal year from the Educational Excellence Trust Fund;

(13) "Nontraditional student" means a student who is not a traditional student or a current achiever student;

(14) "Personally identifiable student data" means any information that, alone or in combination with other available information, is linked or linkable to a specific student that would allow a reasonable person in the student's school community to identify the student with reasonable certainty;

(15) "Postsecondary grade point average" means the cumulative numbered grade average for college credit courses as calculated using a 4.0 scale;

(16) "Qualified certificate program" means a program:

(A) That is offered by an approved institution of higher education;

(B) For which credit hours are awarded that are creditable toward an associate degree or baccalaureate degree; and

(C) Recognized by the United States Department of Education for financial aid purposes;

(17) "Recipient" means an applicant awarded a scholarship funded through the program;

(18) "State-supported student financial assistance" means a state-supported scholarship, grant, tuition waiver, or tuition reimbursement funded with state funds or net proceeds from the state lottery awarded by:

(A) The Department of Higher Education; or

(B) A scholarship or grant awarded by an institution of higher education in this state in whole or in part by state funds, including without limitation:

(i) Scholarships awarded on the basis of entrance exam scores or high school academic achievement;

(ii) Tuition waivers based on age, military service, occupation, or other factors;

(iii) Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university;

(iv) Scholarships for transfers from two-year institutions;

(v) Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and

(vi) Any other publicly funded program under which students are not charged or are reimbursed by the institution of higher education for tuition, fees, books, or other costs of attendance;

(19) (A) "Supplant" means that the net proceeds from the state lottery are used in place of, not in addition to, state nonlottery educational resources provided for state-supported student financial assistance for a specified fiscal year.

(B) Supplanting does not occur if the General Assembly provided the state nonlottery educational resources as if the lotteries under the Arkansas Scholarship Lottery Act, 23-115-101 et seq., do not exist; and

(20) (A) "Traditional student" means a student who, beginning with the 2010-2011 academic year, will enter postsecondary education as a full-time first-time freshman within twelve (12) months after graduating from high school and remains continuously enrolled as a full-time student.

(B) "Traditional student" does not include a current achiever student.

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