Hathaway scholarship program.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0021

ENROLLED ACT NO. 60, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to
the Hathaway scholarship program; allowing
reinstatement of lost scholarships upon satisfaction of specified conditions;
clarifying determination of satisfactory academic progress;

specifying application;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S.
21-16-1301(a)(xiv),
21
‑
16
‑
1304
(c)(i)
,
(ii) and by creating a new subsection (f)
and 21
‑
16
‑
1305
(b)(i)
,
(ii) and by creating a new subsection (d)
are amended to read:

21
‑
16
‑
1301.

Definitions.

(a)

As used in this article:

(xiv)

"Satisfactory academic progress" means completing at least six (6) semester hours per semester if enrolled for less than twelve (12) semester hours and completing at least twelve (12) semester hours per semester if enrolled for twelve (12) or more semester hours, and meeting such other criteria as established by the eligible institution to ensure the student earns his degree or certificate in a timely manner. The student's hours of enrollment for purposes of this paragraph shall be the same number of hours of enrollment used to determine the state's obligation to reimburse the eligible institution for the student's scholarship under this article
. Satisfactory academic progress shall be determined annually following the spring semester, but a student's scholarship may be reinstated pursuant to W.S. 21
‑
16
‑
1304(f)(i) or 21
‑
16
‑
1305(d)(i) following any semester or summer school session
;

21
‑
16
‑
1304.

Hathaway opportunity, performance and honor scholarships.

(c)

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

(i)

Except as provided in W.S. 21
‑
16
‑
1303(f), make satisfactory academic progress toward a degree. If a student fails to make satisfactory academic progress or maintain the cumulative grade point average required for continuation in the program as provided in this subsection, the student shall become ineligible for the scholarship in subsequent semesters unless granted an exception for cause by the department or except as otherwise provided in
this
subsection

(f) of this section
. The department may delegate to any eligible institution the department's authority to grant an exception for cause, but shall only do so in accordance with department rules establishing procedures and criteria for granting an exception and any eligible institution acting pursuant to such delegation shall grant exceptions only in accordance with those rules
;
.

T
he scholarship under this article which is lost for failing to
ma
intain the requisite grade point average

shall
be reinstated for the subsequent semester following attainment of
t
he cumulative grade point average required of the applicable scholarship under paragraph (iii) of this subsection, provided that the student is otherwise eligible and neither the applicable maximum number of full-time equivalent semesters nor the maximum scholarship eligibility time period specified under subsection (b) of this section and W.S. 21
‑
16
‑
1303(d), including semesters for which a scholarship was not received, has been reached;

(ii)

Except as provided in W.S. 21
‑
16
‑
1303(f)

and subsection (f) of this section
, maintain continuous enrollment for not less than two (2) semesters in each successive academic year. The department shall by rule and regulation establish exceptions to the requirement of this paragraph for military service, religious service and other good cause shown; and

(f)

If a student is otherwise eligible under this article and
n
either the applicable number of full-time equivalent semesters nor the maximum scholarship eligibility time period specified under subsection (b) of this section and W.S. 21
‑
16
‑
1303(d), including semesters for which a scholarship was not received, has been reached, a scholarship under this section which is lost
may be reinstated

if the student
meets
the applicable
requirements imposed by this subsection and
successfully completes courses at an eligible institution
in

a
summer school
session
or an academic term
occurring

during the period
the scholarship is lost.
A lost scholarship shall be reinstated in the first academic term following the academic term or summer school session during which the student:

(
i
)

Attain
s
satisfactory academic progress as defined by W.S. 21
‑
16
‑
1301(a)(xiv)
for a schol
arship lost under this subsection for failure to meet the requirements of
paragraph (c)(i) of this section;
or

(
ii
)

A
chieves
the c
umulative grade point average required of the applicable scholarship under paragraph
(c)
(iii) of this section
for a scholarship lost for failure to meet the requirements of paragraph (c)(iii) of this section;
or

(
iii
)

For a scholarship lost for failure to meet the requirements of (c)(ii) of this section, enrolls and completes one (1) academic term as a full-time or part-time student, whichever is applicable
,

occurring
during the period in which the scholarship is lost
.

21
‑
16
‑
1305.

Hathaway career scholarships.

(b)

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

(i)

Except as provided by W.S. 21
‑
16
‑
1303(f), make satisfactory academic progress toward a certificate or degree. If a student fails to make satisfactory academic progress or maintain the cumulative grade point average required for continuation in the program provided in paragraph (iii) of this subsection, the student shall become ineligible for the scholarship in subsequent semesters unless granted an exception for cause by the department or except as otherwise provided in
this
subsection

(d) of this section
. The department may delegate to any eligible institution the department's authority to grant an exception for cause, but shall only do so in accordance with department rules establishing procedures and criteria for granting an exception and any eligible institution acting pursuant to such delegation shall grant exceptions only in accordance with those rules
;
. The scholarship under this article which is lost for failing to maintain the requisite grade point average shall be reinstated for the subsequent semester following attainment of the cumulative grade point average required under paragraph (iii) of this subsection provided that the student is otherwise eligible and that neither the maximum number of full-time equivalent semesters nor the maximum scholarship eligibility time period specified under subsection (a) of this section and W.S. 21
‑
16
‑
1303(d), including semesters for which a scholarship was not received, has not been reached;

(ii)

Except as provided by W.S. 21
‑
16
‑
1303(f)
and subsection (d) of this section
, maintain continuous enrollment for not less than two (2) semesters in each successive academic year. The department shall by rule and regulation establish exceptions to the requirement of this paragraph for military service, religious service and other good cause shown; and

(d)

If a student is otherwise eligible under this article and
n
either the applicable number of full-time equivalent semesters nor the maximum scholarship eligibility time period specified under paragraph (a)(ii) of this section and W.S. 21
‑
16
‑
1303(d), including semesters for which a scholarship was not received, has been reached, a scholarship under this section which is lost
may be reinstated if the student meets the applicable requirements imposed by this subsection and successfully completes courses at an eligible institution in a summer school session or an academic term occurring during the period the scholarship is lost. A lost scholarship shall be reinstated in the first academic term following the academic term or summer school session during which the student:

(
i
)

Attain
s
satisfactory academic progress as defined by W.S. 21
‑
16
‑
1301(a)(xiv)
for a scholarship lost for failure to meet the requirements of paragraph (b)(i) of this section
;
or

(
ii
)

Achieves the
c
umulative grade point average required under paragraph
(b
)
(iii) of this section
for a scholarship lost for failure to meet the requirements of paragraph (b)(iii) of this section
; or

(
iii)

For a scholarship lost for failure to meet the requirements of paragraph (b)(ii) of this section, enrolls and completes one (1) academic term as a full-time or part-time student, whichever is applicable, occurring during the period in which the scholarship is lost.

Section 2.

This act shall apply to Hathaway scholarships lost during the 2006-2007 and 2007-2008 academic year for failure to make satisfactory academic progress, to maintain the required grade point average or for failure to maintain continuous enrollment, all as required by law, if the scholarship recipient otherwise remains eligible for the awarded scholarship pursuant to law and the applicable number of full-time equivalent semesters and the maximum scholarship eligibility time period specified by law, including any semesters for which a Hathaway scholarship was not received, have not been reached.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1