As used in this part:

1. (1) “Academic year” means fall, spring, first and second summer semesters in that order, or as defined by the Division of Higher Education;
2. (2) "ACT" means the ACT administered by ACT, Inc.;
3. (3) "ACT equivalent" means the Scholastic Aptitude Test (SAT), COMPASS, ACCUPLACER, Asset, or other nationally normed test that is correlated with the ACT and approved by the Division of Higher Education for use by institutions of higher education to assess a person's college readiness;

4. (4) "Approved institution of higher education" means an institution of higher education approved by the Division of Higher Education to participate in the Arkansas Academic Challenge Scholarship Program and that is:

   1. (A) A state-supported two-year or four-year college or university;
   2. (B) A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; or
   3. (C) An approved school of nursing, subject to the provisions of Arkansas Code § 6-85-213(c);

5. (5) "Approved school of nursing" means a school of nursing with its primary headquarter located in Arkansas that:

   1. (A) Prepares students as registered nurses;
   2. (B) Grants nursing diplomas;
   3. (C) Is eligible to participate in the Higher Education Act of 1965, Title IV federal student aid programs;
   4. (D) Is approved by the Arkansas State Board of Nursing;
   5. (E) Has been approved by the Division of Higher Education as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and
   6. (F) Is not a two-year or four-year college or university;

6. (6) "Arkansas resident" means a natural person who provides evidence deemed sufficient by the Division of Higher Education that:

   1. (A) For the twelve-month period required under basic eligibility requirements the person:

      1. (i) Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and

      2. (ii) Either:

         1. (a) (a) Is an Arkansas registered voter;
         2. (b) (b) Holds a valid Arkansas motor vehicle driver's license;
      3. (c) (c) Receives benefits under an Arkansas public assistance program;

      4. (d) (d) Uses an Arkansas residence address for federal or state tax purposes; or

         1. (e) (e) Claims Arkansas as a residence to hold public office or for judicial actions; or

   2. (B) Before the deadline for filing a scholarship application under this part the applicant:

      1. (i) Is on active military status;

      2. (ii) Qualifies for in-state tuition and fees if the student is a:

         1. (a) (a) Veteran who was honorably discharged or released from a period of not less than ninety (90) days of active duty in the military, naval, or air service within three (3) years before the date of enrollment in a program of study;
         2. (b) (b) Dependent of a veteran under subdivision (6)(B)(ii)(a) of this section;
      3. (c) (c) Member of the armed forces; or
      4. (d) (d) Spouse of a member of the armed forces; and
      5. (iii) Meets one (1) of the conditions under subdivision (6)(A)(ii) of this section;

7. (7) "Continuously enrolled" means:

   1. (A) For a traditional student, he or she successfully completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and, except while the recipient is enrolled as a part-time student if the recipient is enrolled in the number of credit hours necessary to complete the recipient’s degree program, successfully completes thirty (30) semester hours each academic year thereafter;
   2. (B) For a full-time nontraditional student, he or she successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters;
   3. (C) For a part-time nontraditional student, he or she successfully completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters; and
   4. (D) For a student who is enrolled in a degree plan that has a maximum number of semester hours in a semester that is less than the requirements of subdivisions (7)(A) – (C) of this section, he or she successfully completes at an approved institution of higher education the maximum number of hours required by the degree plan for the semester;
8. (8) "Cost of attendance" means the recognized cost of attendance of an institution of higher education calculated under rules established by the Division of Higher Education;
9. (9) “Full-time student” means a student enrolled in at least twenty-seven (27) semester hours the first academic year and thirty (30) semester hours per academic year thereafter or the equivalent, as described in this rule, or the equivalent as defined by the Division of Higher Education;
10. (10) "Enrolled" means that the approved institution of higher education where the student is attending class counts the student as enrolled for the hours claimed on the last day to add or drop a class at the approved institution of higher education;

11. (11) “High school grade point average" means the numbered grade average on a student's high school transcript calculated:

    1. (A) For a traditional student, using the first seven (7) of the last eight (8) semesters the student completed prior to graduating high school; or
    2. (B) For a nontraditional student, using the last eight (8) semesters the student completed before graduating high school;

12. (12)

    1. (A) “Incarcerated” means a person who has been convicted of a crime and is imprisoned for that crime or is being held in custody for trial or sentencing.
    2. (B) Incarceration will result in applicant or recipient being ineligible for the Arkansas Academic Challenge Scholarship;
13. (13) "Lawful permanent resident" means a non-United States citizen who resides in the United States under a legally recognized and lawfully recorded permanent residence and who may receive state public benefits under 8 U.S.C. § 1622;

14. (14) "Qualified certificate program" means a program:

    1. (A) That is offered by an approved institution of higher education;
    2. (B) For which credit hours are awarded that are creditable toward an associate degree or baccalaureate degree; and
    3. (C) Recognized by the United States Department of Education for financial aid purposes;
15. (15) "Recipient" means an applicant awarded a scholarship funded through the program;

16. (16) "Semester" means one-half (1/2) of a traditional academic year at an institution of higher education, or an equivalent approved by the Division of Higher Education, in which a student enrolls for not less than:

    1. (A) Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or
    2. (B) Six (6) credit hours as a part-time student;

17. (17) "State-supported student financial assistance" means a state-supported scholarship, grant, tuition waiver, or tuition reimbursement funded with state funds or net proceeds from the state lottery awarded by:

    1. (A) The Division of Higher Education; or

    2. (B) A scholarship or grant awarded by an institution of higher education in this state in whole or in part by state funds, including without limitation:

       1. (i) Scholarships awarded on the basis of entrance exam scores or high school academic achievement;

       2. (ii) Tuition waivers based on:

          1. (a) (a) Age;
          2. (b) (b) Military service;
       3. (c) (c) Occupation; or
       4. (d) (d) Other factors;
       5. (iii) Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university;
       6. (iv) Scholarships for transfers from two-year institutions;
       7. (v) Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and

       8. (vi) Any other publicly-funded program under which students are not charged or are reimbursed by the institution of higher education for:

          1. (a) (a) Tuition;
          2. (b) (b) Fees;
       9. (c) (c) Books; or
       10. (d) (d) Other costs of attendance;
18. (18) "Superscore" means the final composite score that is calculated according to a combination of the highest individual section scores across all of the ACT tests taken by an individual;

19. (19)

    1. (A) "Traditional student" means a student who:

       1. (i) Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following:

          1. (a) (a) The student's graduation from high school; or
          2. (b) (b) The last day of the school year:
20. (1) (1) That would have been the student's junior or senior year of high school; and

21. (2) (2) In which the student completes the requirements for high school graduation and obtains a General Educational Development certificate instead of receiving a diploma; and

    1. (ii) Remains continuously enrolled as a full-time student;
    2. (B) "Traditional student" includes a student who otherwise meets this definition but delays entering postsecondary education under a scholarship hold approved by the Division of Higher Education.

Codification Notes: Title IV of the Higher Education Act of 1965 is codified at 20 U.S.C. § 1070 et seq.