House Bill 541 (AS PASSED HOUSE AND SENATE)
By: Representatives Dempsey of the 13th, Cooper of the 45th, Taylor of the 173rd, Prince of
the 132nd, and Hawkins of the 27th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to
definitions regarding tuition equalization grants at private colleges and universities, so as to
expand the definition of an approved school to include certain institutions which offer
programs in nursing; to provide for related matters; to provide for legislative intent; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
WHEREAS, the General Assembly is committed to addressing the healthcare workforce
shortage in Georgia, which includes having a sufficient number of high-quality nurses; and
WHEREAS, to increase the number of high-quality nurses in Georgia, crucial elements
include providing financial assistance and removing impediments to practicing nursing.
SECTION 2.
Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions
regarding tuition equalization grants at private colleges and universities, is amended by
revising paragraph (2) as follows:
"(2) 'Approved school' means:
(A) A nonproprietary institution of higher education located in this state which is not
a branch of the university system; which is not a four-year or graduate level institution
of higher education that is, or is a part of, a college or university system that is owned
and operated by a state other than Georgia; which is accredited by the Southern
Association of Colleges and Schools; which is not a graduate level school or college of
theology or divinity; and which is not presently receiving state funds under Article 4
of this chapter; provided, however, that an institution which otherwise meets the
requirements of this definition and of this subpart except for the lack of accreditation
by the Southern Association of Colleges and Schools shall be deemed to be an
'approved school' during the period that the institution holds candidate for accreditation
status with the Southern Association of Colleges and Schools; provided, further, that
an institution which otherwise meets the requirements of this definition and of this
subpart except for the lack of accreditation by the Southern Association of Colleges and
Schools shall be deemed to be an 'approved school' if such institution was previously
an 'approved school' under division <del>(iii)</del> <ins>(iv)</ins> of subparagraph (B) of this paragraph
within the last five years; provided, further, that an institution which was previously
accredited by the Southern Association of Colleges and Schools within the last seven
years and which otherwise meets the requirements of this definition and of this subpart
except for the lack of accreditation by the Southern Association of Colleges and
Schools shall be deemed to be an 'approved school'; and
(B)(i) A qualified proprietary institution of higher education located in this state
which is a baccalaureate degree-granting institution of higher education; which is
accredited by the Southern Association of Colleges and Schools Commission on
Colleges as a Level VI institution; which is not a Bible school or college (or, at the
graduate level, a school or college of theology or divinity); which admits as regular
students only persons who have a high school diploma, a state approved high school
equivalency (HSE) diploma, or a degree from an accredited postsecondary institution;
whose students are eligible to participate in the federal Pell Grant program; which has
been reviewed and approved for operation and for receipt of tuition equalization grant
funds by the Georgia Nonpublic Postsecondary Education Commission; which is
domiciled and incorporated in the State of Georgia; which has been located in this
state since on or before January 1, 2021; and which met all of the requirements of this
subparagraph by January 1, 2021; provided, however, that the criteria for approval for
receipt of tuition equalization grant funds shall include but not be limited to areas of
course study; quality of academic instruction; student placement rate; research and
library resources; faculty; support staff; financial resources; instructional campuses,
facilities, or other physical sites; and support and equipment resources.
<ins>(ii) A qualified proprietary institution of higher education located in this state which
is a baccalaureate degree-granting institution offering a baccalaureate degree program
or programs in nursing; which is accredited by the Southern Association of Colleges
and Schools or by the Higher Learning Commission; which is accredited by the
Commission on Collegiate Nursing Education; which has a National Council
Licensure Examination four-year average passage rate of at least 80 percent; which
is not a Bible school or college (or, at the graduate level, a school or college of
theology or divinity); which admits as regular students only persons who have a high
school diploma, a state approved high school equivalency (HSE) diploma, or a degree
from an accredited postsecondary institution; whose students are eligible to participate
in the federal Pell Grant program; which has been reviewed and approved for
operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic
</ins>
<ins>Postsecondary Education Commission; which has at least one instructional campus
that has been physically located in the State of Georgia for at least ten years, as of
June 30, 2025; provided, however, that only such institution's baccalaureate degree
program or programs in nursing shall be deemed an approved school for the purposes
of this subpart; and provided, further, that, notwithstanding any provision to the
contrary in Code Section 20-2-161.3 or subparagraph (D) of paragraph (7) of Code
Section 20-3-519, an institution or program that is deemed an approved school
pursuant to this division shall not be deemed an eligible postsecondary institution, as
defined in Code Section 20-3-519, or for purposes of the Dual Enrollment Act, as
provided for in Code Section 20-2-161.3, or for any other scholarship, loan, or grant
program provided for in this article, including HOPE scholarships and grants.
(ii)(iii)</ins> Any proprietary institution that is otherwise qualified pursuant to division (i)
of this subparagraph on July 1, 1995, shall be deemed to be eligible for receipt of
tuition equalization grant funds subject, however, to any subsequent review of such
approval pursuant to any proper regulations which may thereafter be adopted in
accordance with paragraph (10) of subsection (b) of Code Section 20-3-250.5
applicable to all qualified proprietary institutions.
<del>(iii)(iv)</del> Any proprietary institution of higher education that is otherwise qualified
pursuant to division (i) of this subparagraph on January 1, 2011, shall continue to be
an approved school pursuant to this paragraph as long as it continues to meet the
requirements of division (i) of this subparagraph as such existed on March 14, 2011."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.