Community and junior colleges; authorize boards of trustees to reduce or waive out-of-state tuition for certain students.

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To: Universities and
Colleges; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Porter

HOUSE BILL NO. 822

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE BOARD OF TRUSTEES OF COMMUNITY AND JUNIOR 2
COLLEGES WHICH BORDER ANOTHER STATE TO IMPLEMENT A POLICY FOR 3
REDUCING OR WAIVING OUT-OF-STATE TUITION FOR NONRESIDENTS AND 4
ESTABLISH CRITERIA FOR ELIGIBILITY; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 37-103-25, Mississippi Code of 1972, is 7
amended as follows: 8
37-103-25. (1) The Board of Trustees of State Institutions 9
of Higher Learning and the boards of trustees of the community 10
colleges and junior colleges are authorized to prescribe the 11
amount of tuition and fees to be paid by students attending the 12
several state-supported institutions of higher learning and 13
community colleges and junior colleges of the State of 14
Mississippi. 15
(2) Except as otherwise provided in this subsection and 16
subsections (3) and (4) of this section, the total tuition to be 17
paid by residents of other states shall not be less than the 18
average cost per student from appropriated funds. However, the 19
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tuition to be paid by a resident of another state shall be equal 20
to the tuition amount established under subsection (1) of this 21
section if: 22
(a) The nonresident is a "covered individual" under 23
Section 702 of the Veterans Access, Choice and Accountability Act 24
of 2014. A nonresident veteran, as defined by Title 38 of the 25
United States Code or a person entitled to education benefits 26
under Title 38 of the United States Code who is not a covered 27
individual under Section 702 of the Veterans Access, Choice and 28
Accountability Act of 2014, but qualifies for Yellow Ribbon 29
Program funds shall be charged nonresident tuition provided the 30
state institution of higher learning and community or junior 31
college participates in the Yellow Ribbon Program and provides a 32
scholarship (including Yellow Ribbon Program funds) that results 33
in the nonresident veteran or person entitled to education 34
benefits under Title 38 paying tuition equal to the amount 35
established under subsection (1) of this section. All other 36
nonresident veterans, as defined by Title 38 of the United States 37
Code and other persons entitled to education benefits under Title 38
38, except those enrolled in a professional school or college, 39
shall be charged tuition equal to the amount established under 40
subsection (1) of this section. This paragraph (a) shall be 41
administered and interpreted in the manner necessary to obtain or 42
retain approval of courses of education by the Secretary of the 43
United States Department of Veterans Affairs and in a manner 44
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necessary to allow a nonresident veteran or a person entitled to 45
education benefits under Title 38 of the United States Code and 46
state institutions of higher learning and community and junior 47
colleges to fully participate and receive Yellow Ribbon Program 48
funds; 49
(b) The nonresident student is an evacuee of an area 50
affected by Hurricane Katrina or Hurricane Rita. This waiver 51
shall be applicable to the 2005-2006 school year only; and 52
(c) The nonresident student's out-of-state tuition was 53
waived according to subsection (3) or (4) of this section. 54
(3) The Board of Trustees of State Institutions of Higher 55
Learning may, in its discretion, consider and grant requests to 56
approve institution specific policies permitting the waiver of 57
out-of-state tuition when such an official request is made by the 58
president or chancellor of the institution and when such request 59
is determined by the board to be fiscally responsible and in 60
accordance with the educational mission of the requesting 61
institution. 62
(4) The board of trustees of any community college or junior 63
college may develop and implement a policy for reducing or waiving 64
out-of-state tuition for the college if the policy is determined 65
by the board to be in accordance with the educational mission of 66
the college * * *. State funds shall be allocated and spent only 67
on students who reside within the State of Mississippi. However, 68
associate degree nursing students who reside outside the State of 69
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ST: Community and junior colleges; authorize
boards of trustees to reduce or waive out-of-
state tuition for certain students.
Mississippi may be counted for pay purposes. Any policy adopted 70
by the board of trustees of a community or junior college under 71
the authority of this subsection shall include minimum criteria 72
for student eligibility for the out-of-state tuition reduction or 73
waiver. 74
SECTION 2. This act shall take effect and be in force from 75
and after July 1, 2026. 76