§ 6-85-204 — Definitions

As used in this subchapter: (1) "ACT" means the ACT administered by ACT, Inc.; (2) "ACT equivalent" means the SAT, COMPASS, ACCUPLACER, or other nationally normed test that is correlated with the ACT and approved by the Division of Higher Education for use by institutions of higher education to assess a person's college readiness; (3) (A) "Approved institution of higher education" means an institution of higher education approved by the division to participate in the Arkansas Academic Challenge Scholarship Program and that is: (i) A state-supported two-year or four-year college or university; (ii) 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; (iii) An approved school of nursing, subject to the provisions of § 6-85-213(c) ; (iv) (a) A public or private vocational-technical school. (b) A public or private vocational-technical school shall be bonded and insured; or (v) (a) A public or private technical institute. (b) A public or private technical institute shall be bonded and insured. (B) An approved institution of higher education that is a private, nonprofit two-year or four-year college or university shall be eligible to receive Title IV federal student aid funds; (4) "Approved school of nursing" means a school of nursing with its primary headquarters located in Arkansas that: (A) Prepares students as registered nurses; (B) Grants nursing diplomas; (C) Is eligible to participate in the Higher Education Act of 1965, Title IV federal student aid programs; (D) Is approved by the Arkansas State Board of Nursing; (E) Has been approved by the division as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and (F) Is not a two-year or four-year college or university; (5) "Arkansas resident" means a natural person who provides evidence deemed sufficient by the division that: (A) For the twelve-month period required under § 6-85-206(1) , the person: (i) Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and (ii) Either: (a) Is an Arkansas registered voter; (b) Holds a valid Arkansas motor vehicle driver's license; (c) Receives benefits under an Arkansas public assistance program; (d) Uses an Arkansas residence address for federal or state tax purposes; or (e) Claims Arkansas as a residence to hold public office or for judicial actions; or (B) Before the deadline for filing a scholarship application under this subchapter the applicant: (i) Is on active military status; (ii) Qualifies for in-state tuition and fees under § 6-60-205 ; and (iii) Meets one (1) of the conditions under subdivision (5)(A)(ii) of this section; (6) "Continuously enrolled" means: (A) For a traditional student, he or she successfully completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and, except as provided in § 6-85-212(d)(1)(A)(iv) (c) , successfully completes thirty (30) semester hours each academic year thereafter; (B) For a full-time nontraditional student, he or she successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters; (C) For a part-time nontraditional student, he or she successfully completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters; and (D) For a student who is enrolled in a degree plan that has a maximum number of semester hours in a semester that is less than the requirements of subdivisions (6)(A)-(C) of this section, he or she successfully completes at an approved institution of higher education the maximum number of hours required by the degree plan for the semester; (7) "Enrolled" means that the approved institution of higher education where the student is attending class counts the student as enrolled for the hours claimed on the last day to add or drop a class at the approved institution of higher education; (8) "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; (9) "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 ; (10) "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; (11) "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; (12) "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; (13) "Recipient" means an applicant awarded a scholarship funded through the Arkansas Academic Challenge Scholarship Program; (14) (A) "Semester" means one-half (1/2) of a traditional academic year at an institution of higher education, or an equivalent approved by the division, in which a student enrolls for not less than: (i) Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or (ii) Six (6) credit hours as a part-time student. (B) For purposes of summer courses at an institution of higher education, "semester" means the same as is defined by the division, as required by § 6-80-109 ; (15) "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 division; 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; (16) (A) "Superscore" means the final composite score that is calculated according to a combination of the highest individual section scores across all of the ACT tests taken by an individual. (B) (i) The division shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT. (ii) However, a rule promulgated under subdivision (16)(B)(i) of this section shall not result in a negative amount of net revenue available; (17) (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 (18) (A) "Traditional student" means a student who: (i) Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following: (a) The student's graduation from high school; or (b) The last day of the school year: (1) That would have been the student's junior or senior year of high school; and (2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and (ii) Remains continuously enrolled as a full-time student. (B) "Traditional student" includes a student who otherwise meets this definition but delays entering postsecondary education under a scholarship hold approved by the division.

Legislative History

Amended by Act 2023, No. 539,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 413,§ 2, eff. 7/1/2023. Amended by Act 2021, No. 636,§ 1, eff. 4/12/2021. Amended by Act 2019, No. 692,§ 13, eff. 7/24/2019. Amended by Act 2019, No. 549,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2158, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2157, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2156, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2155, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2154, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2153, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2152, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2151, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2150, eff. 7/1/2019. Amended by Act 2017, No. 719,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 597,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1115,§ 18, eff. 7/22/2015. Amended by Act 2013, No. 1263,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1173,§ 4, eff. 4/12/2013. Amended by Act 2013, No. 1173,§ 3, eff. 4/12/2013. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 2, 3; 2010, No. 265, § 1; 2010, No. 294, § 1; 2011, No. 207, §§ 4, 5.