115C-562.1. Definitions.

The following definitions apply in this Part:

(1) Authority. - The State Education Assistance Authority.

(2) Division. - The Division of Nonpublic Education, Department of Administration.

(3) Eligible students. - A student residing in North Carolina who has not yet received a high school diploma and who meets all of the following requirements:

a. Meets one of the following criteria:

1. Was a full-time student (i) assigned to and attending a public school pursuant to G.S. 115C-366 or (ii) enrolled in a Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. 2164 and located in North Carolina, during the spring semester prior to the school year for which the student is applying.

2. Received a scholarship grant for the school year prior to the school year for which the student is applying.

3. Is entering either kindergarten or the first grade.

4. Is a child in foster care as defined in G.S. 131D-10.2(9).

5. Is a child whose adoption decree was entered not more than one year prior to submission of the scholarship grant application.

6. Is a child whose parent or legal guardian is on full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 12301, et seq., and 10 U.S.C. 12401, et seq.

a1. Has not enrolled in a postsecondary institution in a matriculated status eligible for enrollment for 12 hours of academic credit.

b. Resides in a household with an income level not in excess of one hundred thirty-three percent (133%) of the amount required for the student to qualify for the federal free or reduced-price lunch program. The Authority shall not count any distribution from the estate of a decedent in calculating the income level of the applicant's household for the purposes of determining eligibility for a scholarship under this sub-subdivision.

(4) Local school administrative unit. - A local school administrative unit, charter school, or regional school.

(5) Nonpublic school. - A school that meets the requirements of Part 1 or Part 2 of this Article as identified by the Division.

(5a) Reserve. - The Opportunity Scholarship Grant Fund Reserve established under G.S. 115C-562.8.

(6) Scholarship grants. - Grants awarded annually by the Authority to eligible students.