(1) The student's parent resides within Georgia and has been a Georgia resident for at 344
least one year; provided, however, that such one-year residency requirement shall not 345
apply if the student's parent is an active duty military service member stationed in 346
Georgia within the previous year; 347
(2) The student is currently enrolled and has been continuously enrolled in a Georgia 348
public school for a period of time that includes at least two consecutive enrollment counts 349
conducted pursuant to Code Section 20-2-160; provided, however, that such enrollment 350
requirement shall not apply to a child who meets all other qualifications provided for in 351
this subsection and is eligible to enroll in a qualified kindergarten program of the public 352
school in which such child would be enrolled based on his or her residence; 353
(3) The student resides in the attendance zone of a public school that is included on the 354
list of public schools provided for in Code Section 20-2B-29; 355
(4) The student does not meet any of the ineligibility criteria provided for in subsection 356
(b) of Code Section 20-3-519.1; 357
(5)(A) Except as provided in subparagraph (B) of this paragraph, the student's family 358
income does not exceed 400 percent of the federal poverty level as defined annually by 359
the federal Office of Management and Budget. 360
(B) In the event that the amount of funds appropriated for the program exceeds the 361
amount of funds necessary to include all students who meet the family income 362
requirement provided for in subparagraph (A) of this paragraph and the student: 363
(i) Is already a participating student; or 364
(ii) Timely submitted an application for an account to the education savings authority 365
by either of the two quarterly application deadlines immediately preceding July 1 as 366
provided for in paragraph (9) of this subsection, 367
the student's family income exceeds 400 percent of the federal poverty level as defined 368
annually by the federal Office of Management and Budget; provided, however, that 369