For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFIRMATIVE DEFENSE. A ground raised by the recipient or responsible adult to contest the rescission of the contract by Davidson County other than the grounds for rescission set forth in § 97.11(F). AFFIRMATIVE DEFENSES shall expressly include by way of illustration only and not limitation fraud, impossibility of performance, frustration of purpose and statute of limitations and may include any factual basis to support any affirmative defense.
APPLICANT. A person who files an application for a scholarship.
APPROVED DUAL BACHELOR’S-MASTER’S OF ARTS IN TEACHING PROGRAM. A five-year dual program offered by an accredited institution by which an individual graduates after five years with a Master’s Degree in an educational discipline, along with a teaching certificate.
AWARD. The decision of the Scholarship Review Committee to grant to an applicant a scholarship and shall constitute an offer by Davidson County to an applicant to enter into a contract.
COMMITTEE. The Scholarship Review Committee established by this chapter.
CONTRACT. An offer made by Davidson County, as manifested by the award of a scholarship by the Scholarship Review Committee, which is accepted by the recipient without the variance of any term or provision and creates a binding agreement between Davidson County and the recipient or any responsible adult who enters into such contract.
DAVIDSON COUNTY SCHOOLS. The Davidson County School system.
DOMICILE or PLACE OF DOMICILE. A place where an applicant has his true, fixed, and permanent home and principal establishment and to which whenever the applicant is absent he has the intention of returning. A temporary or transient place of residence shall not be considered a PLACE OF DOMICILE.
HOME SCHOOL. A nonpublic school in North Carolina, as permitted by G.S. § l15C-564, in which one or more children of not more than two families or households receive academic instruction from parents or legal guardians or a member of either household and in which all persons providing academic instruction in such school hold at least a high school diploma or its equivalent and which annually administers a nationally standardized test or other nationally standardized equivalent measurement which evaluates achievement in the areas of English grammar, reading, spelling and mathematics as required by G.S. § 115C-564 and the statutes cited therein.
LEXINGTON CITY SCHOOLS. The Lexington City School system.
NONPUBLIC SCHOOL. A school (i) which is not operated or controlled by a county school administrative unit or a city school administrative unit or any other public school system and (ii) which (1) is accredited by the North Carolina State Board of Education or (2) is accredited by the Southern Association of Colleges and Schools or (3) is an active member of the North Carolina Association of Independent Schools or (4) receives no funding from the State of North Carolina and (iii) which is permitted by G.S. § l15C-555 to be established and to operate as a nonpublic school.
POST-SECONDARY INSTITUTION. An institution which offers a bachelor-level degree in Education or substantially similar major course of study.
PRIVATE CHURCH SCHOOLS OR SCHOOLS OF RELIGIOUS CHARTER. Schools in North Carolina, as permitted by G.S. § l15C-547, which (1) are operated or controlled by a religious organization or are established by a religious charter, (2) operate on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year, (3) administer at least once per academic year a nationally standardized test or other nationally standardized equivalent measurement selected by the chief administrative officer of such school to all students enrolled or regularly attending grades three, six and nine, and (4) administer at least once per each academic year a nationally standardized test or other nationally standardized equivalent measurement selected by the chief administrative officer of such school to all students enrolled and regularly attending the eleventh grade. For purposes of clause three of this subsection, a nationally standardized test or other nationally standardized equivalent measurement shall refer to a test or measurement which evaluates achievement in the areas of English grammar, reading, spelling and mathematics. For purposes of clause four of this subsection, such test or measurement shall measure in verbal and quantitative areas.
PRIVATE SCHOOL. A school in North Carolina which is either a (1) private religious school or school of religious charter or (2) a nonpublic school other than a home school.
PUBLIC SCHOOL IN NORTH CAROLINA. A school which is operated and controlled by a county school administrative unit or a city school administrative unit and is located within North Carolina.
RECIPIENT. A person who is awarded a scholarship by the Scholarship Review Committee.
RESIDENT OF DAVIDSON COUNTY. A person domiciled in Davidson County, North Carolina. An address which is printed on a duly issued North Carolina drivers’ license or identification card and which shows a residential address in Davidson County shall be prima facie evidence that such person is a resident of Davidson County. Proof of residence in Davidson County may be established by other proper and reliable evidence.
RESPONSIBLE ADULT. A parent, legal guardian or person standing in loco parentis of an applicant and recipient of a scholarship.
SCHOLARSHIP or SCHOLARSHIP PROGRAM. The Davidson County Teaching Scholarship Program and the grant of funds by Davidson County to an applicant pursuant to this chapter.
STUDENT. A person who at the time the scholarship is to be awarded is a senior in a county school administrative unit, city school administrative unit, private school or home school or attends a post-secondary academic institution as a full-time student as defined by such institution.
THOMASVILLE CITY SCHOOLS. The Thomasville City School system.
(Ord. passed 3-9-04; Am. Ord. passed 4-22-08; Ord. passed 8-25-15; Ord. passed 1-10-17)