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H. B. No. 239 *HR26/R377* ~ OFFICIAL ~ G1/2
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To: Universities and
Colleges; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Clark, Anthony
HOUSE BILL NO. 239
AN ACT TO WAIVE THE COST OF TUITION AT ANY STATE INSTITUTION 1
OF HIGHER LEARNING FOR CERTAIN FOSTER OR ADOPTED CHILDREN OR WARDS 2
OF THE STATE, SUBJECT TO CERTAIN CONDITIONS; TO REQUIRE THE 3
DEPARTMENT OF HUMAN SERVICES, UPON THE REQUEST OF A STATE 4
INSTITUTION OF HIGHER LEARNING, TO CONFIRM THE ELIGIBILITY OF 5
THOSE STUDENTS SEEKING TO PARTICIPATE IN THE WAIVER PROGRAM; TO 6
REQUIRE STUDENTS TO COMPLETE THE FREE APPLICATION FOR FEDERAL 7
STUDENT AID TO DETERMINE THE LEVEL OF NEED AND ELIGIBILITY FOR 8
STATE AND FEDERAL FINANCIAL AID PROGRAMS; TO ESTABLISH THE 9
REQUIREMENTS FOR ELIGIBILITY; TO REQUIRE THE DEPARTMENT AND THE 10
BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO MAKE 11
REPORTS TO THE LEGISLATURE ON CERTAIN COMPONENTS OF THE TUITION 12
WAIVER PROGRAM; TO REQUIRE THE BOARD TO PROMULGATE RULES AND 13
REGULATIONS NECESSARY FOR THE PROPER ADMINISTRATION OF THE 14
PROGRAM; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. The Legislature of the State of Mississippi finds 17
and declares that it is in the best interest of the state to 18
support adults who adopt and provide foster care for children in 19
the custody of the state. The Legislature recognizes that a child 20
whose care, custody and control has been assumed by the state is a 21
special ward of the state and faces particular challenges in 22
pursuing higher education. Because it is the intent of the 23
Legislature to support adoption, foster parenting and educational 24
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advancement, the purpose of this act is to provide postsecondary 25
education advancement opportunities for foster children, adopted 26
children and those who are wards of the state. 27
SECTION 2. As used in this act, the following words have the 28
meanings ascribed in this section, unless the context requires 29
otherwise: 30
(a) "Foster child" means a person under the age of 31
twenty-one (21) years who has been placed in the legal custody of 32
the Department of Human Services and who resides in the home of a 33
state certified caregiver. 34
(b) "Adopted child" means a person under the age of 35
twenty-one (21) years for whom all the rights and responsibilities 36
for parenting have been removed from the biological parents and 37
permanently transferred to another. 38
(c) "Ward of the state" means a person under the age of 39
twenty-one (21) years who has been placed in the legal custody of 40
the Department of Human Services for any purposes specified in 41
Sections 43-15-15 and 43-27-101, or who is placed in residential 42
child care. 43
(d) "Tuition" means the charges imposed by a state 44
institution of higher learning for enrollment at the institution, 45
which includes charges for registration and all fees required as a 46
condition of enrollment. 47
(e) "Department" means the Department of Human 48
Services. 49
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SECTION 3. (1) Tuition and mandatory student fees for any 50
associate degree program of any state institution of higher 51
learning shall be waived for a Mississippi foster or adopted child 52
or ward of the state who is a full-time or part-time student at a 53
state institution of higher learning if the student meets all 54
entrance requirements and maintains academic eligibility with a 55
2.25 cumulative grade point average on a 4.0 scale while enrolled, 56
and if: 57
(a) The student is currently in the custody of the 58
Department of Human Services and has been placed in foster care or 59
residential child care; 60
(b) The student is an adopted child and meets the 61
eligibility criteria of this paragraph and lives outside of 62
Mississippi at the time of application to a state institution of 63
higher learning may apply for the waiver up to the amount of 64
tuition for a Mississippi resident; or 65
(c) The department was the student's legal custodian on 66
or before the age of twenty-one (21). 67
(2) Upon request of the state institution of higher 68
learning, the department shall confirm the eligibility status 69
under subsection (1) of this section of students seeking to 70
participate in the waiver program. Release of this information 71
shall not constitute a breach of confidentiality required by 72
Sections 43-21-57 and 43-47-7. 73
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(3) The student shall complete the Free Application for 74
Federal Student Aid to determine the level of need and eligibility 75
for state and federal financial aid programs. If the sum of the 76
tuition waiver plus other student financial assistance, except 77
loans and the work study program under 42 USCS Sections 2751 78
through 2756b, from all sources exceeds the student's total cost 79
of attendance, as defined in 20 USCS Section 1087ll, the tuition 80
waiver shall be reduced by the amount exceeding the total cost of 81
attendance. 82
(4) The student shall be eligible for the tuition waiver: 83
(a) For entrance to the institution for a period of no 84
more than four (4) years after the date of graduation from high 85
school or receipt of a General Education Diploma (GED); 86
(b) For a period of five (5) years after first 87
admittance to any state institution of higher learning if 88
satisfactory progress is achieved or maintained; and 89
(c) For a maximum of one hundred twenty (120) 90
university semester credit hours. 91
(5) The department shall report the number of students 92
participating in the tuition waiver program on January 1 of each 93
year to the Board of Trustees of State Institutions of Higher 94
Learning and to the Legislature. 95
(6) The Board of Trustees of State Institutions of Higher 96
Learning shall report nonidentifying data on graduation rates of 97
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ST: Tuition waiver; provide for certain foster
and adopted children and wards of the state to
attend a state-supported IHL.
students participating in the tuition waiver program by January 1 98
of each year to the Legislature. 99
(7) Nothing in this section shall be construed to: 100
(a) Guarantee acceptance of or entrance into any 101
postsecondary institution for a foster or adopted child or ward of 102
the state; 103
(b) Limit the participation of a student who is a 104
foster child, adopted child or ward of the state in any other 105
program of financial assistance for postsecondary education; 106
(c) Require any state institution of higher learning to 107
waive costs or fees relating to room and board; or 108
(d) Restrict any state institution of higher learning 109
or the department from accessing other sources of financial 110
assistance, except loans, that may be available to a student who 111
is a foster child, adopted child or ward of the state. 112
(8) The Board of Trustees of State Institutions of Higher 113
Learning shall promulgate rules and regulations necessary for the 114
proper administration of the tuition waiver authorized by this 115
section. 116
SECTION 4. This act shall take effect and be in force from 117
and after July 1, 2026. 118