§ 6-82-1704 - Eligibility.
6-82-1704. Eligibility.
(a) Eligibility for the Higher Education Opportunities Grant Program shall be based on criteria established by rule of the Department of Higher Education.
(b) The criteria established by the department shall include the following:
(1) An applicant shall be a citizen of the United States or a permanent resident alien;
(2) An applicant shall be a bona fide resident of the state as defined by the Department of Higher Education for a minimum of twelve (12) months immediately before the date on which the student applies;
(3) An applicant shall be accepted for admission in a qualified certificate program, associate degree program, or a baccalaureate program at an approved institution of higher education as a full-time or part-time student, as defined by the department;
(4) An applicant shall certify that he or she is drug-free and shall pledge in writing on the application form to refrain from the use or abuse of illegal substances; and
(5) (A) An applicant shall demonstrate financial need as determined by the department.
(B) In determining financial need, the following criteria shall be used:
(i) An applicant whose number in the household, as reported on the Free Application for Federal Student Aid, is one (1) shall have an average family adjusted gross income not exceeding twenty-five thousand dollars ($25,000) per year at the time of application to the program;
(ii) An applicant whose number in the household, as reported on the Free Application for Federal Student Aid, includes more than one (1) shall add an additional five thousand dollars ($5,000) per additional number in the household up to ten (10) additional household members, as reported on the Free Application for Federal Student Aid to the base income of twenty-five thousand dollars ($25,000); and
(iii) The department shall have the authority to adjust these financial need family income requirements on an annual basis, using the federal Consumer Price Index to make any necessary changes. Other financial need criteria necessary for the selection of recipients, including those defined as emancipated or independent by federal student aid regulations, shall be established through rules issued by the department.