Section 20-3-485. Definitions

   As used in this subpart, the term:

   (1) "Approved school" means a school which is a unit of the University System of Georgia or a branch of the Technical College System of Georgia or a private independent nonprofit postsecondary institution eligible for HOPE Scholarships or grants in accordance with the provisions of Code Sections 20-3-519 through 20-3-519.12.

   (2) "Eligible student" means a person who:

      (A) (i) Is enrolled as a full-time or part-time student in an approved school;

         (ii) Meets residency requirements to be classified as a legal resident of Georgia as established pursuant to regulations of the authority and who remains a citizen of the state while receiving funds under this subpart; and

         (iii) Is a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, which member has completed at least one qualifying term of service;

      (B) Is a child:

         (i) Whose parent was a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, including a deceased member, which member completed at least one qualifying term of service;

         (ii) Who was born prior to such qualifying term of service or within nine months of the beginning of such qualifying term of service; and

         (iii) Is 25 years of age or younger who is enrolled as a full-time or part-time student in an approved school;

      (C) Is a surviving spouse of a deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who was killed or sustained a 100 percent disability in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service; or

      (D) Is a surviving spouse of a deceased member of a reserve component of the armed forces of the United States who was killed or sustained a 100 percent disability in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service.

   (3) "Georgia HERO Scholarship" means a Georgia Helping Educate Reservists and their Offspring Scholarship grant as provided for in Code Section 20-3-486.

   (4) "Parent" means the biological parent, adoptive parent, or legal guardian of a person 25 years of age or younger during the qualifying term of service.

   (5) "Qualifying term of service" means deployment overseas for active service on or after February 1, 2003, to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone for a cumulative period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service.

Code 1981, § 20-3-485, enacted by Ga. L. 2005, p. 1036, § 1/SB 43; Ga. L. 2006, p. 254, § 1/SB 415; Ga. L. 2007, p. 705, § 1/HB 131; Ga. L. 2008, p. 335, § 2/SB 435; Ga. L. 2008, p. 799, § 1/HB 311.