20-3-660. Tuition waiver program for qualifying foster and adopted individuals.

It is the policy of the General Assembly that resources of this state should be committed to support benefits and positive outcomes for youth who age out of foster care. A postsecondary education can benefit these youth, many of whom who have come from places of great disadvantage; however, too few have been able to realize the benefit. Therefore, the General Assembly establishes this program to support as many of these youth as possible in realizing the benefits of postsecondary education. The General Assembly urges and recommends that the Board of Regents adopt substantially similar tuition waiver programs for these youth to realize the benefits of postsecondary education in the University System of Georgia.#

As used in this Code section, the term:#

1. (1)

   “Public postsecondary educational institution” means any unit of the Technical College System of Georgia.#

2. (2)

   “Waiver program” or “program” means the program provided for in this Code section.#

Tuition and all fees, including, but not limited to, any fees, costs, or charges relating to customary housing, meal, or room and board programs, for any undergraduate program of any public postsecondary educational institution shall be waived as provided for in this Code section for each foster child or adopted child who meets the following requirements:#

1. (1)

   1. (A)

      The student’s family receives state funded adoption assistance as provided in Code Section 49-5-8;#

   2. (B)

      The student is currently in the custody of the Division of Family and Children Services of the Department of Human Services as provided in Code Section 15-11-212;#

   3. (C)

      The student is participating in the Division of Family and Children Services independent living program in accordance with applicable policies and procedures; or#

   4. (D)

      The student is an adopted child who was in the permanent legal custody of and placed for adoption by the Division of Family and Children Services following the child’s fourteenth birthday, including any such student who, at the time of application to a public postsecondary educational institution, resides outside of Georgia due to such placement.#

2. (2)

   The student is currently enrolled full-time or part-time in a public postsecondary educational institution or, within three years of receiving his or her high school diploma or state approved high school equivalency (HSE) diploma, the student has been accepted for admission to a public postsecondary educational institution;#

3. (3)

   The student remains in good standing and meets the standard for satisfactory academic progress as defined by the public postsecondary educational institution and as applied to undergraduate students generally;#

4. (4)

   The student has not reached the age of 28;#

5. (5)

   The student completes a simplified application process established by the Division of Family and Children Services, which shall include completion of the Free Application for Federal Student Aid (FAFSA) to determine the level of need and eligibility for state and federal financial aid programs; provided, however, that a student who is presumptively eligible to participate in the waiver program shall be permitted to provisionally participate in the waiver program for a period of up to 30 days pending the student’s completion of the application process; and#

6. (6)

   The student is a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements.#

For each student who meets the requirements provided for in subsection (c) of this Code section, such student’s public postsecondary educational institution shall waive tuition and all fees as necessary to cover all assessed costs of attendance, as defined in 20 U.S.C. Section 1087ll, that are not covered by all available federal and nonfederal student aid sources identified in the student’s Free Application for Federal Student Aid (FAFSA) submission summary, excepting student loans and any work-study program provided for in 42 U.S.C. 2751-2756b.#

For each individual who meets the requirements provided for in paragraph (1) of subsection (c) of this Code section, the Technical College System of Georgia shall provide for the waiver of all tuition and fees necessary to cover the full cost for such individual to obtain a state approved high school equivalency (HSE) diploma, provided that such costs are limited to HSE preparation courses provided by the Technical College System of Georgia and HSE tests facilitated by the Technical College System of Georgia.#

The Division of Family and Children Services shall:#

1. (1)

   Advertise the availability of the waiver program and ensure that the children and young adults leaving foster care, foster parents, and any other applicable resources are informed of the availability of the waiver program and the related application procedures;#

2. (2)

   Provide application forms to participate in the waiver program to all children and young adults leaving foster care;#

3. (3)

   Provide assistance to students attempting to complete the application process;#

4. (4)

   Report the number of students participating in the waiver program on October 1 of each year to the Office of Planning and Budget and the Office of the Child Advocate;#

5. (5)

   Report nonidentifying data on graduation rates of students participating in the waiver program by November 30 each year to the Office of Planning and Budget and the Office of the Child Advocate; and#

6. (6)

   Promulgate such rules and regulations as may be required to carry out the provisions of this Code section.#

The State Board of the Technical College System of Georgia shall adopt policies creating an expedited and simplified process to work in collaboration with Division of Family and Children Services and to enroll eligible students with a simplified process involving minimal paperwork.#

Nothing in this Code section shall be construed to:#

1. (1)

   Guarantee acceptance of or entrance into any public postsecondary educational institution for a foster child or adopted child;#

2. (2)

   Limit the participation of a student who is a foster child or adopted child in any other program of financial assistance for postsecondary education;#

3. (3)

   Restrict any public postsecondary educational institution or the Division of Family and Children Services from accessing other sources of financial assistance, except loans, that may be available to a foster child or adopted child who meets the eligibility requirements of the waiver program; or#

4. (4)

   Provide access to a public benefit, as such term is defined in Code Section 50-36-1, for individuals except as permitted by state and federal law.#