2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 2 - [Repealed Effective 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years] GEORGIA PROMISE SCHOLARSHIP ACT (§§ 20-2B-20 — 20-2B-31) › Section 20-2B-22 - [See Note] [Qualification for promise scholarship account]

(a)
A student shall qualify for a promise scholarship account under this article if:
(1)
The student's parent resides within Georgia and has been a Georgia resident for at least one year; provided, however, that such one-year residency requirement shall not apply if the student's parent is an active duty military service member stationed in Georgia within the previous year;
(2)
The student is currently enrolled and has been continuously enrolled in a Georgia public school for a period of time that includes at least two consecutive enrollment counts conducted pursuant to Code Section
20-2-160
; provided, however, that such enrollment requirement shall not apply to a child who meets all other qualifications provided for in this subsection and is eligible to enroll in a qualified kindergarten program of the public school in which such child would be enrolled based on his or her residence;
(3)
The student resides in the attendance zone of a public school that is included on the list of public schools provided for in Code Section 20-2B-29;
(4)
The student does not meet any of the ineligibility criteria provided for in subsection (b) of Code Section
20-3-519.1
;
(5)
(A)
Except as provided in subparagraph (B) of this paragraph, the student's family income does not exceed 400 percent of the federal poverty level as defined annually by the federal Office of Management and Budget.
(B)
In the event that the amount of funds appropriated for the program exceeds the amount of funds necessary to include all students who meet the family income requirement provided for in subparagraph (A) of this paragraph and the student:
(i)
Is already a participating student; or
(ii)
Timely submitted an application for an account to the education savings authority by either of the two quarterly application deadlines immediately preceding July 1 as provided for in paragraph (9) of this subsection,
the student's family income exceeds 400 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; provided, however, that from among students provided for in this subparagraph, students who previously participated in the program shall be prioritized;
(6)
The student is not the recipient or beneficiary of a scholarship or other benefit provided for under Article 33 of Chapter 2 of this title, the "Georgia Special Needs Scholarship Act," nor shall the student or the student's parent seek to receive such scholarship or other benefit at any time during which such student is a participating student;
(7)
The student is not the recipient or beneficiary of a scholarship, tuition grant, or other benefit from a student scholarship organization, as such term is defined in Code Section
20-2A-1
, nor shall the student or the student's parent seek to receive such scholarship, tuition grant, or other benefit at any time during which such student is a participating student;
(8)
The student's parent signs an agreement promising:
(A)
To provide an education for the student in at least the subjects of reading, grammar, mathematics, social studies, and science;
(B)
Not to enroll the student in a local school system school, local charter school, state charter school, or completion special school while participating in the program; provided, however, that this subparagraph shall not be construed to prohibit students from part-time enrollment in a college and career academy, as such term is defined in subsection (b) of Code Section
20-4-37
, which has been approved by the education savings authority to be a service provider; and
(C)
To use account funds only for the student's qualified education expenses; and
(9)
The student's parent submits an application for an account to the education savings authority no later than the deadline established by the education savings authority; provided, however, that the education savings authority shall provide quarterly application periods and deadlines that correspond with quarterly funding dates pursuant to subsection (b) of Code Section 20-2B-24.
(b)
Upon acceptance of the account, the parent assumes full financial responsibility for the education of the participating student, including transportation to and from the participating school or service provider.
(c)
Students enrolled in a school operated by the Department of Juvenile Justice are not eligible for the program.
(d)
A participating student shall continue to be eligible to receive account funds until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for special education students, reaches the age of 21 years; provided, however, that a student who participated in the program for any length of time before returning to a public school must submit a new application for an account in order to participate in the program for a second or subsequent time; and provided, further, that such students shall be prioritized for participation in the program over students who have not previously participated in the program, except as otherwise provided for in this article.
(e)
The creation of the program or the granting of an account pursuant to this article shall not be construed to imply that a public school did not provide a free and appropriate public education for a participating student or constitute a waiver or admission by the state. A participating student's resident school system shall not be obligated to provide services to such student that would be required if such student were enrolled in such school system unless the student reenrolls in the resident school system.
(f)
Any account funds directed to a participating school or service provider are so directed on behalf of the participating student's parent, the recognized recipient of such participating student's account funds, and wholly as a result of the genuine and independent private choice of the parent.
(g)
The parent of each student participating in the program shall comply fully with the participating school or service provider's rules and policies.
(h)
Any parent who fails to comply with the provisions of this article and education savings authority regulations relating to the program shall forfeit the account and all account funds therein.
Repealed by 2024 Ga. Laws 457,§ 2-1, eff. 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal of Part II shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years.
Added by 2024 Ga. Laws 457,§ 2-1, eff. only if the "Quality Basic Education Act," as provided for in Article 6 of Chapter 2 of Title 20, is fully funded, app. to school years beginning on 7/1/2025, and continuing thereafter .