Wyoming SUPER scholarship program.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0675

HOUSE BILL
NO.
HB0323

Wyoming SUPER scholarship program.

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

A BILL

for

AN ACT relating to the Wyoming superior undergraduate program for education reform; creating a separate account within the earmarked revenue fund; establishing scholarships for attendance at Wyoming community colleges, the University of Wyoming and other private institutions as specified; specifying eligibility criteria, conditions and limitations; imposing duties on the Wyoming state board of education and the department of education; delegating rulemaking authority; defining terms; imposing reporting requirements; providing an appropriation; authorizing a position; and providing for an effective date.

It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 21
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1201 through 21—16
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1211 are created to read:

ARTICLE 12
WYOMING SUPERIOR UNDERGRADUATE PROGRAM
FOR EDUCATION REFORM

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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 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 a full-time student is expected to complete the equivalent of at least two (2) semesters of academic work;

(iii)

"Account" means the Wyoming superior undergraduate scholarship account established under W.S. 21
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1202;

(iv)

"ACT score" means a composite score on the American College Test or an equivalent score on the Scholastic Aptitude Test;

(v)

"Board" means the Wyoming state board of education;

(vi)

"Certificate" means a credential other than a degree as defined in paragraph (vii) of this subsection, which is either an associate of applied science degree or indicates satisfactory completion of training in
a one (1) year program of study offered by a Wyoming community college or by an eligible institution accredited by an accrediting agency recognized by the United States department of education;

(vii)

"Degree" means a baccalaureate, an associate of arts or an associate of science degree;

(viii)

"Department" means the Wyoming department of education;

(ix)

"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;

(B)

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

(x)

"Eligible institution" means the University of Wyoming, a
Wyoming community college or a private post-secondary educational institution accredited by an accrediting association recognized by the United States department of education and located in Wyoming;

(xi)

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

(xii)

"Scholarship" means an award provided pursuant to W.S. 21
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1204 and 21-16-1205;

(xiii)

"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;

(xiv)

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

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1202.

Wyoming superior undergraduate scholarship account created; distributions by state treasurer.

(a)

The Wyoming superior undergraduate scholarship account is created within the earmarked revenue fund to consist of funds appropriated or designated to the account by law, or by gift from whatever source, for distribution in accordance with this article.

(b)

The state treasurer shall distribute amounts within the account, at the request of the department of education on behalf of the board, to each eligible institution based on student participation.

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1203.

Wyoming superior undergraduate program created; eligibility requirements.

(a)

There is created the Wyoming superior undergraduate program for education reform (SUPER)
for Wyoming students, to be administered by the state board of
education through the state department of education.

(b)

Under the Wyoming SUPER program
for students, the state shall provide a scholarship pursuant to W.S. 21
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16
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1204 and 21-16-1205 to

any student who has been accepted by and enrolls in an eligible institution to pursue a degree or certificate, and who meets the following qualifications:

(i)

The student has demonstrated residency by proof of the following, as required by rule and regulation of the board:

(A)

The student has actually resided in Wyoming during the twenty-four (24) months preceding enrollment in the eligible institution;

(B)

If the student is registered to vote, the student is registered in Wyoming;

(C)

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

(D)

If the student owns a motor vehicle located within Wyoming, the motor vehicle is registered in Wyoming.

(ii)

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

(iii)

The student has successfully completed a
core curriculum and meets standards for admission to the eligible institution. The core curriculum requirement of this paragraph is in effect for students who apply for a scholarship under this article for the first-time and who enroll in an eligible institution in the fall of 2010, and thereafter. As used in this paragraph, core curriculum means an educational program as established under W.S. 21
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1206;

(iv)

The student has no criminal conviction, except for misdemeanor traffic violations excluding conviction under W.S. 31
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233; and

(v)

The student has:

(A)

Graduated from an eligible high school or is otherwise eligible under rules promulgated pursuant to W.S. 21
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1208(a)(iv);

(B)

Applied for a scholarship under this article within two (2) years of the date of high school graduation. The board shall by rule and regulation establish exceptions to this requirement for military service, religious service and other good cause shown; and

(C)

The minimum high school cumulative grade point average and minimum composite score on the American College Test specified under this article for the type of scholarship to be awarded.

(c)

Notwithstanding W.S. 21
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l201(a)(ix), 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 department on behalf of the board 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 article.

(d)

No student shall be eligible for a scholarship pursuant to this article for more than eight (8) consecutive semesters or an equivalent number of units comprising four (4) academic years in an eligible institution which operates on a schedule based on units other than semesters, unless an extension is granted by the board for cause pursuant to board rule and regulation.

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1204.

Academic scholarships.

(a)

Any student who meets the criteria under W.S. 21
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1203 is eligible to receive an academic scholarship to pursue a degree as follows:

(i)

With a minimum cumulative high school GPA of 2.5 and at least a composite ACT score of 17, a scholarship for the cost of tuition for four (4) semesters at a Wyoming community college or other eligible institution offering certification within four (4) semesters;

(ii)

With a minimum cumulative high school GPA of 3.0 and a composite ACT score of at least 20, a scholarship for the cost of tuition and an allowance for fees and books of five hundred dollars ($500.00) per semester for eight (8) semesters;

(iii)

With a minimum cumulative high school GPA of 3.5 and a composite ACT score of 25, a scholarship for the cost of tuition and an allowance for fees and books of one thousand dollars ($1,000.00) per semester for eight (8) semesters.

(b)

A student who receives a scholarship under paragraph (a)(i) of this section who earns at least forty-eight (48) credit hours at an eligible institution with a cumulative GPA of 2.75 shall receive an additional scholarship for the cost of tuition for four (4) additional semesters at the University of Wyoming if the student maintains a cumulative GPA of 2.75 and otherwise remains eligible for a scholarship under this article.

(c)

The cost of tuition for students enrolled in the University of Wyoming or a Wyoming community college shall be the actual cost of tuition. For students enrolled at an eligible two (2) year institution other than a Wyoming community college, the cost of tuition shall be the lesser of the actual cost of tuition or the average tuition cost for all Wyoming community colleges. The cost of tuition for students enrolled in an eligible four (4) year institution other than the University of Wyoming shall be the lesser of the actual cost of tuition or the cost of tuition at the university.

(d)

To remain eligible for the scholarship award under this section, the student shall:

(i)

Make steady academic progress toward a degree and earn not less than the minimum number of credits required for classification as a full-time student during each semester, or in the final semester before completion of the degree, the required number of hours necessary for completion. If a student fails to maintain the cumulative grade point average required for continuation in the program provided under paragraph (iv) of this subsection or is placed on academic probation by the eligible institution attended, the student shall become ineligible for the scholarship in subsequent semesters unless granted an exception for cause by the board or except as otherwise provided in this subsection. The scholarship under this article may be reinstated for the subsequent semester upon attainment of the cumulative grade point average required under paragraph (iv) of this subsection, 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 in each successive academic year, unless granted an exception for cause by the board;

(iii)

Have no criminal conviction, except for misdemeanor traffic violations excluding a conviction under W.S. 31
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233; and

(iv)

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

(A)

For scholarships awarded under paragraph (a)(i) of this section, at least a 2.25 GPA after completion of twenty-four (24) hours of credit;

(B)

For scholarships awarded under paragraph (a)(ii) of this section:

(I)

At least a 2.5 GPA after completion of twenty-four (24) hours of credit;

(II)

At least a 2.75 GPA after completion of forty-eight (48) hours of credit; and

(III)

At least a 2.75 GPA after completion of seventy-two (72) hours of credit.

(C)

For scholarships awarded under paragraph (a)(iii) of this section:

(I)

At least a 2.75 GPA after completion of twenty-four (24) hours of credit;

(II)

At least a 3.00 GPA after completion of forty-eight (48) hours of credit; and

(III)

At least a 3.00 GPA after completion of seventy-two (72) hours of credit.

(e)

Not later than October 1, 2009, and by October 1 in each odd-numbered year thereafter, the board, in consultation with the University of Wyoming and the community college commission, shall report to the governor and the joint education interim committee of the legislature on recommendations for modifications to the minimum cumulative GPA and minimum composite ACT scores contained in this section to ensure that the SUPER program is designed to provide the desired incentives for students to pursue a rigorous core curriculum and strive to achieve academic success.

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1205.

Vocational technical scholarships.

(a)

Any student who meets the criteria under W.S. 21
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1203 is eligible to receive a vocational technical scholarship to pursue a certificate as follows:

(i)

With a minimum cumulative high school GPA of 2.0 and at least a composite ACT score of 15, a scholarship for the cost of tuition for four (4) semesters;

(ii)

With a minimum cumulative high school GPA of 2.5 and a composite ACT score of at least 16, a scholarship for the cost of tuition and an allowance for fees and books of two hundred fifty dollars ($250.00) per semester for four (4) semesters;

(iii)

With a minimum cumulative high school GPA of 2.75 and a composite ACT score of at least 17, a scholarship for the cost of tuition and an allowance for fees and books of five hundred dollars ($500.00) per semester.

(b)

The cost of tuition for students enrolled in a Wyoming community college shall be the actual cost of tuition and for students enrolled at any other eligible institution, the actual cost of tuition or the average tuition cost for students attending Wyoming community colleges, whichever is less.

(c)

To remain eligible for the scholarship award under this section, the student shall:

(i)

Make steady academic progress toward a certificate and earn not less than the minimum number of credits required for classification as a full-time student during each semester or in the final semester before completion of the certificate, the required number of hours necessary for completion. If 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 eligible institution attended, the student shall become ineligible for the scholarship in subsequent semesters unless granted an exception for cause by the board and except as otherwise provided in this subsection. The scholarship under this article may be reinstated for the subsequent semester upon attainment of the cumulative grade point average required under paragraph (iv) of this subsection if 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 in each successive academic year, unless granted an exception for cause by the board;

(iii)

Have no criminal conviction, except for misdemeanor traffic violations excluding any conviction under W.S. 31
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233; and

(iv)

Maintain a cumulative grade point average as follows, as evaluated at the end of each academic year for certificates that require more than one (1) academic year:

(A)

For scholarships awarded under paragraph (a)(i) of this section, at least a 2.0 GPA after completion of twenty-four (24) hours of credit;

(B)

For scholarships awarded under paragraph (a)(ii) of this section, at least a 2.25 GPA after completion of twenty-four (24) hours of credit;

(C)

For scholarships awarded under paragraph (a)(iii) of this section, at least a 2.5 GPA after completion of twenty-four (24) hours of credit.

(d)

Not later than October 1, 2009, and by October 1 in each odd-numbered year thereafter, the board, in consultation with the community college commission, shall report to the governor and the joint education interim committee of the legislature on recommendations for modifications to the minimum cumulative GPA and minimum composite ACT scores contained in this section to ensure that the SUPER program is designed to provide the desired incentives for students to pursue a rigorous core curriculum and strive to achieve academic success.

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1206.

Core curriculum.

Not later than October 1, 2005, the board shall recommend to the governor and the joint education interim committee of the legislature, in consultation with the University of Wyoming, each Wyoming community college and the Wyoming community college commission, the contents of an appropriate core curriculum for academic scholarship students and, in consultation with the community colleges and the commission, the contents of an appropriate core curriculum for vocational technical scholarship students. The core curriculum and cumulative GPA requirements for performance in the core curriculum shall, upon approval of the legislature, be adopted to enable students entering high school in the fall of 2006 to pursue that curriculum for scholarship eligibility under this article beginning with the fall of 2010. In addition, the board shall, in consultation with the University of Wyoming, each Wyoming community college and the Wyoming community college commission, recommend components of the core curriculum to be included in the criteria for eligibility for both the academic and vocational technical scholarships during each year of the phase-in of the SUPER program commencing with the fall of 2006 through the fall of 2009, prior to complete implementation in the fall of 2010.

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1207.

ACT grants.

To encourage all Wyoming students to challenge themselves by taking the ACT test, from funds appropriated to the account by the legislature, the board through the department shall direct the state treasurer to distribute funds from the account to Wyoming school districts sufficient to ensure that all Wyoming students, including those who are in private schools or who are in a home-based educational program, may take the ACT test during their junior year, grade eleven (11) or its equivalent, at no cost to the student. The grant amounts shall be made from funds available within the account and shall be distributed by the state treasurer at the request of the department, in the manner and at times prescribed by rule and regulation of the board.

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1208.

Administration; rules and regulations.

(a)

This article shall be administered by the department on behalf of the board. The board shall promulgate rules and regulations necessary to implement this article, including:

(i)

A means for informing all students of the availability of the scholarships under this article in sufficient time to enable the student to plan for completion of the required core curriculum;

(ii)

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

(iii)

A procedure for waiver of the student's requirement to complete the core curriculum upon proper documentation by the high school's administrator or authorized designee that failure to comply with the requirement was due solely to the fact that a required course was not available to the applicant at the school attended;

(iv)

Criteria and procedures under which students in a home-based educational program and students who received a general education development (GED) equivalency diploma can qualify for scholarships under this article. A student receiving a GED shall not be eligible for a scholarship under this article unless he scores a minimum of six hundred (600) and received the GED no sooner than four (4) years following the graduation year of the student's high school class; and

(v)

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

(b)

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

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1209.

Program eligibility.

(a)

A student is not eligible for a scholarship under the Wyoming SUPER 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 scholarship under this article and has fully repaid a defaulted loan from receiving a scholarship 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 scholarship for future academic semesters who is otherwise eligible for a scholarship 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 scholarship.

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1210.

Certification of students.

(a)

Each district board of trustees shall for any high school under its jurisdiction, and the administrator of each nonpublic high school approved by the board shall, using the criteria specified under W.S. 21
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1204 and 21-16-1205 as minimum academic qualifications for selection, identify and certify to the department and the board those students graduating and achieving the required academic standards necessary to qualify for a scholarship under this article.

(b)

In addition to subsection (a) of this section, each district and the administrator of each nonpublic high school approved by the board shall provide the department and the board a certified list of students in grade eleven (11) or its equivalent for purposes of W.S. 21
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1207. Certification shall be on a form prescribed and provided by the department.

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1211.

Legislative oversight and authority.

Nothing in this article shall be construed to constitute an entitlement to a scholarship established and funded by the legislature. Wyoming superior undergraduate program scholarships shall be subject to legislative appropriation and the legislature reserves the right to terminate the program established under this article at any time.

Section 2.

(a)

T
wenty-seven million two hundred thousand dollars ($27,200,000.00) is appropriated from the general fund for purposes of implementing this act. Except for amounts expended under subsection (b) of this section, this appropriation shall be deposited by the state treasurer in the Wyoming superior undergraduate scholarship account created by W.S. 21
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1202 under section 1 of this act. Amounts deposited within the account shall be expended by the treasurer at the direction of the state board, through the department of education, for purposes of this act including funding scholarships, ACT grants and other administrative costs. Amounts within the account shall not revert on June 30, 2006, but shall remain within the account to fund scholarship and administration costs in subsequent years.

(b)

The department of education is authorized one (1) full-time position necessary to administer this act on behalf of the state board. This position shall be funded from amounts appropriated under subsection (a) of this section and shall be filled only upon approval of the state board. This position shall work directly for the board and shall coordinate with the University of Wyoming, Wyoming community colleges, private and home-based schools.

(c)

Funds for scholarships shall be distributed by the board through the state treasurer to each eligible post-secondary education institution, college or the university based on student participation.

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)

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HB0323