Wyoming tuition opportunity program.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0597

HOUSE BILL
NO.
HB0285

Wyoming tuition opportunity program.

Sponsored by:
Representative(s) Childers, Bucholz, Hammons, Harshman, Hinckley and Luthi and Senator(s) Boggs and Jennings

A BILL

for

AN ACT relating to the Wyoming tuition opportunity program; establishing student tuition payments for attendance at the eligible colleges or universities as specified; specifying tuition award eligibility criteria, conditions and limitations; providing for rules and regulations; defining terms; imposing reporting requirements; providing an appropriation; and providing for an effective date.

It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 21
‑
16
‑
1201 through 21—16
‑
1206 are created to read:

ARTICLE 12
WYOMING TUITION OPPORTUNITY PROGRAM

21
‑
16
‑
1201.

Definitions.

(a)

As used in this article:

(i)

"Academic term" means the fall semester or term or the spring semester or term. In this article, "term" and "semester" have the same meaning, except that recipients may elect to use the scholarship during summer school, which use counts toward the maximum number of terms for which the student is eligible, but does not count toward computation of an academic year;

(ii)

"Academic year" means the period of time during which a full-time student is expected to complete the equivalent of at least two (2) semesters of academic work;

(iii)

"Board" means the Wyoming board of education;

(iv)

"Certificate" means a credential other than a degree, indicating satisfactory completion of training in
a one (1) year program of study offered by a Wyoming community college or vocational technical school;

(v)

"Eligible high school" means a public or private secondary school that is located:

(A)

In Wyoming and is accredited by the state department of education or is licensed by the board;

(B)

Outside Wyoming and is accredited by the appropriate regional accrediting agency.

(vi)

"Eligible college or university" and "eligible institution" means the university of Wyoming, a
Wyoming community college or a private post-secondary educational institution licensed by the board;

(vii)

"Grade point average" or "GPA" means the numbered grade average calculated using a 4.0 scale;

(viii)

"Semester hour" means each nonremedial semester hour attempted for credit toward a degree or certificate, excluding any semester hour attempted before
earning a high school diploma or a general educational development (GED) equivalency diploma;

(ix)

"Title
IV"
means Title IV of the federal Higher Education Act of 1965, as amended;

(x)

"Tuition award" means the award provided pursuant to W.S. 21
‑
16
‑
1203;

(xi)

"This act" means W.S. 2l
‑
16
‑
1201 through 21
‑
16
‑
1206.

21
‑
16
‑
1202.

Wyoming tuition opportunity program created; eligibility requirements.

(a)

There is created the Wyoming tuition opportunity
program for students, to be administered by the board of
education.

(b)

As part of the Wyoming tuition opportunity program
for students, the state shall financially assist,
as
provided in W.S. 21
‑
16
‑
1203,

any student who enrolls in an eligible college or university to pursue an academic undergraduate degree or technical certificate, and who meets the following qualifications:

(i)

The student has actually resided in Wyoming during the twenty-four (24) months preceding college or university enrollment. For purposes of this paragraph residency shall be demonstrated by proof of the following as required by the administering agency:

(A)

If registered to vote, is registered in Wyoming;

(B)

If licensed to drive a motor vehicle, is in possession of a Wyoming drivers license; and

(C)

If owning a motor vehicle located within Wyoming, is in possession of Wyoming registration for that vehicle;

(ii)

The student has a parent or guardian who is a domiciliary of Wyoming;

(iii)

The student has successfully completed at least sixteen and one-half (16 1/2) units of high school
course work, which constitutes a core curriculum and meets standards for admission to the desired college or university. The core curriculum requirement of this paragraph shall become effective beginning with the high school graduating class of 2009. As used in this paragraph, core curriculum means an educational program as provided in W.S. 21
‑
9
‑
101;

(iv)

Has no criminal conviction, except for misdemeanor traffic violations; and

(v)

The student shall have graduated from an eligible high school, have applied within two (2) years of the date of graduation and have a minimum cumulative grade point average of 2.50 calculated on a 4.00 scale. For students attending eligible institutions other than vocational-technical schools, the student shall have a composite score on the American College Test which is at least equal to or higher than the state’s average composite score, rounded to the nearest whole number, reported for the prior year but never less than nineteen (19) or an equivalent concordant value on an enhanced or revised version of such test or on the Scholastic Aptitude Test, and shall have enrolled in an eligible college or university as a first time freshman in order to qualify for a tuition award.

(c)

Notwithstanding W.S. 21
‑
16
‑
l201(a)(v), students who are attending any high school in an adjoining state pursuant to an agreement in effect as of July 1, 2005, between the state board of education and the local governing authority of the school in the adjoining state, are considered to have graduated from a state approved nonpublic high school for the purpose of qualifying under this act.

(d)

No student shall be eligible for tuition payment pursuant to this act for more than eight (8) semesters or an equivalent number of units in an eligible institution which operates on a schedule based on units other than semesters, unless an extension is granted by the board in accordance with its rules.

21
‑
16
‑
1203.

Tuition award.

(a)

Any student who qualifies to receive a tuition award pursuant to W.S. 21
‑
16
‑
1202, who enrolled in any public college or university in the state to pursue an academic undergraduate degree or technical certificate and has applied for a tuition award, shall have tuition and mandatory fees paid by the board and for any student who meets such qualifications and has enrolled at any private post-secondary educational institution licensed by the board, the board shall pay the average tuition and mandatory fees paid for students attending public colleges or universities.

(b)

To maintain continued state payment of tuition and fees pursuant to an award under this act, once enrolled in college a student shall meet all of the following:

(i)

Make steady academic progress toward a degree, earning not less than the minimum number of credits required for full-time standing in each academic year or the required number of hours needed to complete the undergraduate degree during that semester or quarter. If at anytime a student fails to maintain the cumulative grade point average required for continuation in the program provided in paragraph (iv) of this subsection or is placed on academic probation by the college or university attended, such student shall become ineligible for further payments unless granted an exception for cause by the board. Payments under this article may be reinstated upon attainment of the grade point average required for the original award or upon the lifting of academic probation, provided that the period of ineligibility did not persist for more than two (2) years from the date of loss of eligibility;

(ii)

Maintain continuous enrollment for not less than two (2) semesters or three (3) quarters in each successive academic year, unless granted an exception for cause by the board;

(iii)

Have no criminal conviction, except for misdemeanor traffic violations; and

(iv)

Maintain a cumulative grade point average of the following as evaluated at the end of each academic year:

(A)

At least 2.10 G.P.A. after completion of twenty-four (24) hours of credit;

(B)

At least 2.30 G.P.A. after completion of forty-eight (48) hours of credit; and

(C)

At least 2.50 G.P.A. after completion of seventy-two (72) hours of credit.

21
‑
16
‑
1204.

Administration; rules and regulations.

(a)

The provisions of this article shall be administered by the Wyoming board of education. The board may provide by rule and regulation for all matters necessary to the implementation of this article, including:

(i)

A mechanism for informing all students of the availability of the assistance provided pursuant to the article early enough in the student's schooling that a salutary motivational effect is possible;

(ii)

Applications, forms, financial audit procedures, eligibility and other program audit procedures and other matters related to efficient operation;

(iii)

A procedure for waiver of the student's requirement to complete the curriculum specified in W.S. 21
‑
16
‑
1202(b)(vi) upon proper documentation by the high school's administrator or authorized designee that failure to comply with such requirement was due solely to the fact that the required course or courses were not available to the applicant at the school attended; and

(iv)

Any other rules necessary for the implementation and administration of this article.

(b)

The board shall establish an annual reporting procedure specifying funds received and recipients enrolled during the reportable academic year. The annual report by the board shall be submitted to the governor and the legislature in accordance with W.S. 9
‑
2
‑
1014.

21
‑
16
‑
1205.

Program eligibility.

(a)

A student is not eligible for a tuition award under the Wyoming tuition opportunity program established under this article if the student:

(i)

Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements;

(ii)

Has not complied with United States selective service system requirements for registration, if the requirements are applicable to the student;

(iii)

Is in default on a federal Title IV education loan. Nothing in this paragraph prohibits a student who is otherwise eligible for a tuition award under this article and has fully repaid a defaulted loan from receiving a tuition award for future academic semesters;

(iv)

Owes a refund under a federal Title IV student financial aid program or a student financial aid program administered through the state. Nothing in this paragraph prohibits a student from receiving a tuition award for future academic semesters who is otherwise eligible for a tuition award under this article and has fully paid the refund owed;

(v)

Would be ineligible for federal aid under Title IV in accordance with the Drug Free Postsecondary Education Act of 1990 for conviction of a felony offense involving a controlled substance;

(vi)

Is incarcerated; or

(vii)

Does not otherwise qualify under this article for a tuition award.

21
‑
16
‑
1206.

Certification of students.

Each local school board shall for any high school under its jurisdiction and the administrator of each nonpublic high school approved by the board shall using the criteria in W.S. 21
‑
16
‑
1202(b) as minimum qualifications for selection, identify and certify to the board the achievement of those students who graduate achieving the required academic standards to qualify for a tuition award under W.S. 21
‑
16
‑
1203.

Section 2.

(a)

There is appropriated sixteen million dollars ($16,000,000.00) from the general fund to the board of education for the purposes of implementing the Wyoming tuition opportunity program and funding awards under W.S. 21
‑
16
‑
1203, as created under section 1 of this act. Amounts appropriated under this subsection shall be distributed by the board to each eligible college or university based on student participation.

(b)

In the event the legislature appropriates insufficient money in any year to fund all awards made to students qualifying under this act, the number of students to whom awards shall be made shall be reduced as necessary pursuant to a procedure set out by rule and regulation adopted by the board of education. Such procedure shall provide for such reduction to be based on a determination of the ability of each student's family to pay the student's tuition evidenced by the adjusted gross income reported by the family on federal tax returns. Among students denied their award as provided in this subsection, those students whose families have the least capacity to pay shall be the first to receive their award if monies become available.

Section 3.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0285