Hathaway student scholarships.

2017
STATE OF WYOMING
17LSO-0546
Introduced
1.4

SENATE FILE

NO.

SF0152

Hathaway student scholarships.

Sponsored by:
Senator(s) Rothfuss, Coe, Pappas, Von Flatern and Wasserburger and Representative(s) Freeman, Furphy, Northrup and Paxton

A BILL

for

AN ACT relating to higher education; repealing Hathaway provisional opportunity scholarship; providing for continuation of existing provisional opportunity scholarships as opportunity scholarships; requiring students to file federal student aid forms for Hathaway scholarship eligibility; modifying continuing eligibility requirements and removing limitations based upon semesters of eligibility for scholarships; providing for total scholarship amounts as specified; limiting use of non-need based scholarships to tuition and mandatory fees; repealing provisions for movement between scholarship levels and establishing total scholarship amounts at initial eligibility levels; conforming other Hathaway student scholarship provisions; 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)(
i
), (ii) and by creating new paragraph
s
(xxi)
and (xxii)
,
21
‑
16
‑
1302(a),
21
‑
16
‑
1303(b)(intro)
,
by creating a new paragraph (iv)
, (d) and (f)(intro)
,
21
‑
16
‑
1304(a)(i), (ii), (iii), (c)(
i
)
and
(f),
21
‑
16
‑
1305 by creating a new subsection (f),
21
‑
16
‑
1306(a)(intro),
21
‑
16
‑
1308
(a)(v),
(b)(iv)(C)
and (c)(ii)
and 21
‑
16
‑
1309
(b)(
i
)
,
(ii) and
by creating a new subsection (c)
are amended to read:

21
‑
16
‑
1301
.

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 except as provided by W.S. 21
‑
16
‑
1304(
h) and 21
‑
16
‑
1305(e), counts toward the maximum number of terms for which the student is eligible but
does not

any term
established by the eligible institution but only the traditional fall and spring semesters shall
count toward computation of an academic year;

(ii)

"Academic year" means two (2) consecutive
fall and spring or spring and fall

semesters
;
or terms and is the period of time a full
‑
time student is expected to complete the equivalent of at least two (2) semesters of academic work;

(xxi)

"Remaining scholarship amount" means the student's total scholarship amount minus amounts previously provided
under this article
on behalf of the student from scholarships under W.S. 21
‑
16
‑
1304 or 21
‑
16
‑
1305;

(xxii)

"Total scholarship amount" means the dollar amount specified under W.S. 21
‑
16
‑
1304 for the scholarship the student is first
awarded
under W.S. 21
‑
16
‑
1304
.

21
‑
16
‑
1302
.

Hathaway scholarship expenditure account created; reserve account created; use and appropriation of funds.

(a)

The Hathaway scholarship expenditure account is created to consist of earnings from the Hathaway student scholarship endowment fund created by W.S. 9
‑
4
‑
204(
u)(vii) and such other funds appropriated by the legislature to the expenditure account. Eighty percent (80%) of all monies deposited to the expenditure account under this section shall be available for scholarships under W.S. 21
‑
16
‑
1304
.

and 21
‑
16
‑
1305.
Twenty percent (20%) of all monies deposited to the expenditure account under this section shall be available for scholarships under W.S. 21
‑
16
‑
1306. Monies within the expenditure account are continuously appropriated to the state treasurer for distribution to eligible institutions based on scholarships awarded under this article. All unexpended and unencumbered monies within the expenditure account at the end of each fiscal year shall be deposited by the state treasurer to the Hathaway student scholarship reserve account.

21
‑
16
‑
1303
.

Hathaway scholarship program; eligibility requirements.

(b)

Under the Hathaway scholarship program, subject to availability of funds as determined by the legislature, the state shall provide a scholarship pursuant to W.S. 21
‑
16
‑
1304
and 21
‑
16
‑
1305
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:

(iv)

Beginning
academic year 2017
‑
2018, the student has completed and filed a free application for federal student aid for the academic year for which the student is applying for a scholarship.

(d)

No student shall be eligible for a scholarship under this article for more than the equivalent of eight (8) full
‑
time semesters.
Except as provided by subsection (f) of this section, no student shall be eligible for a scholarship under this article for any semesters commencing after six (6) academic years following the student's initial eligibility. For purposes of this subsection a student's initial eligibility shall be deemed to commence with the first semester in which the state is obligated to reimburse an eligible institution for the student's
scholarship under this article. The department shall by rule and regulation establish exceptions to this subsection for military service, religious service and other good cause shown.

(f)

Students meeting the requirements of this subsection shall not be subject to the six (6) academic year limitation on scholarships under this article,
the satisfactory academic progress requirements of W.S. 21
‑
16
‑
1304(c
)(
i) and 21
‑
16
‑
1305(b)(i) or the continuous enrollment requirements of W.S. 21
‑
16
‑
1304(c)(ii) and 21
‑
16
‑
1305(b)(ii),
but shall be subject to the following:

21
‑
16
‑
1304
.

Hathaway opportunity, performance and honor scholarships.

(a)

Any student who meets the criteria under W.S. 21
‑
16
‑
1303 is eligible to receive a scholarship to pursue a degree or certificate as follows:

(i)

With a minimum cumulative high school GPA of 2.50 and a score equal to or greater than the 2015
‑
2016 national percentile rank of forty
‑
three (43) on a college
entrance examination administered throughout the United States and relied upon by institutions of higher education to determine acceptance of students for attendance, a Hathaway opportunity scholarship
for
:
in a total scholarship amount of six thousand seven hundred twenty dollars ($6,720.00).

(ii)

With a minimum cumulative high school GPA of 3.0 and a score equal to or greater than the 2015
‑
2016 national percentile rank of fifty
‑
six (56) on a college entrance examination administered throughout the United States and relied upon by institutions of higher education to determine acceptance of students for attendance, a Hathaway performance scholarship
for:

in a total scholarship amount of ten thousand eighty dollars ($10,080.00).

(iii)

With a minimum cumulative high school GPA of 3.5 and a score equal to or greater than the 2015
‑
2016 national percentile rank of seventy
‑
nine (79) on an examination administered throughout the United States and relied upon by institutions of higher education to determine acceptance of students for attendance, a Hathaway
honor scholarship
for:

in a total scholarship amount of thirteen thousand four hundred forty dollars ($13,440.00).

(c)

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

(i)

Except as provided in W.S. 21
‑
16
‑
1303(
f) and subsection (h) of this section, make satisfactory academic progress toward a degree. If a student fails to make satisfactory academic progress or
M
aintain
the

a
cumulative grade point average
required for continuation in the program as provided in this subsection

of at least a 2.25 GPA as evaluated at the end of each spring semester
. If the student fails to maintain that average
, 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 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;

(f)

If a student is otherwise eligible under this article
and neither the applicable number of full
‑
time equivalent semesters nor
and
the maximum scholarship eligibility time period specified
under subsection (b) of this section and
in
W.S. 21
‑
16
‑
1303(
d), including semesters for which a scholarship was not received, has
not
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 for which the student enrolled in at least six (6) semester hours 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
:

achieves a cumulative grade point average of 2.25.

21
‑
16
‑
1305
.

Hathaway provisional opportunity scholarships.

(
f
)

Effective July 1, 2017, no new provisional scholarships shall be awarded. This section is repealed effective July 1, 2026.

Any student receiving a Hathaway provisional opportunity scholarship prior to July 1, 2017 shall be entitled to continue to receive a scholarship in accordance with the time limitations and other provisions for opportunity scholarships under this article. The scholarship shall not be limited to the equivalent of four (4) full
‑
time semesters. The total scholarship amount of a provisional opportunity scholarship shall be the same as the total dollar amount of an opportunity scholarship. The remaining scholarship amount shall be calculated in the same manner as opportunity scholarships under W.S. 21
‑
16
‑
1301(
a)(xxi).

21
‑
16
‑
1306
.

Need based scholarships.

(a)

In addition to scholarships made available under W.S. 21
‑
16
‑
1304
and 21
‑
16
‑
1305

there shall be made available a need based Hathaway scholarship as follows:

21
‑
16
‑
1308
.

Administration; rules and regulations.

(a)

This article shall be administered by the department in accordance with the following:

(v)

The department shall determine and certify to the state treasurer the amount which is equal to seventy
‑
five percent (75%) of the total amount the eligible institution received during the preceding semester under this subsection. Not later than September 1 for the fall semester and not later than January 15 for the spring semester, the state treasurer shall pay from the scholarship expenditure account the amount certified by the department. The department shall review the lists provided under paragraph (
iv
) of this subsection, determine whether there is any duplication of students, and determine and certify to the state treasurer the balance of the amount due under this article to each institution for the semester. For any duplication, the department shall determine whether the student is attending more than one (1) eligible institution. If the student is attending multiple eligible institutions payment of the Hathaway scholarship for which the student qualifies shall be made only to the institution designated as the home institution by the student. The state treasurer shall pay from the
scholarship expenditure account the balance of the amount due. Payments of the balance due under this paragraph shall be made not later than seventy
‑
five (75) days after the institution's semester has commenced. Payments to the university shall be made directly to the university. Payments to the community colleges shall be made directly to each college and be reported by the state treasurer to the community college commission. Should a prepayment under this paragraph exceed the amount actually due the institution for any semester, the excess amount shall be calculated by the department and deducted from the next payment made. For purposes of this subsection, payments due for
summer terms
any term other than a spring or fall semester
shall be included within the calculations and payments for the
subsequent
immediately following
fall
or spring
semester.

(b)

The department shall, in consultation with University of Wyoming and community college admissions officers, the Wyoming community college commission and financial aid officers and school districts, promulgate rules and regulations necessary to implement this article, including:

(iv)

Criteria
and procedures under which students who receive a high school equivalency certificate can qualify for scholarships under this article. A student receiving a high school equivalency certificate shall:

(C)

If otherwise eligible, be eligible for a scholarship at scores under alternative instruments included within the high school equivalency certificate, as set by rule and regulation of the Wyoming community college commission, which are comparable to GPA requirements specified under W.S. 21
‑
16
‑
1304 corresponding to the applicable Hathaway opportunity, performance and honor scholarship
.

or
under W.S. 21
‑
16
‑
1305 corresponding to the Hathaway provisional opportunity scholarship.

(c)

The department shall establish annual reporting procedures for purposes of policy analysis and program evaluation and providing accurate data to the legislature and governor relative to the program's impact on the state and on students. In developing the annual reporting procedure the department shall consult with the University of Wyoming and community college financial aid officers and
registrars or their designees. It is the intention of the legislature that the reporting system and the requirements thereof shall be applicable to all recipients of scholarships under this article. Compliance with this section shall be made a condition of receiving a scholarship under this article. For any student attending more than one (1) eligible institution, the home institution shall be responsible for data reporting for that student, and any other eligible institution shall cooperate as necessary with the home institution to fulfill that duty. The reporting system shall incl
ude the following information:

(ii)

Scholarships by students as they progress from semester to semester or other equivalent periods of time as may be applicable once enrolled at an eligible institution. The data shall be reported by institution attended, by the instructional program, and by scholarship category and shall include the percent of students losing scholarship eligibility due
to not earning the minimum number of credit hours, the percent of students losing scholarship eligibility due
to not having the required cumulative grade point average
, the percent of students
losing scholarship eligibility for failing to make satisfactory academic progress
and the percentage of students
losing scholarship eligibility
not receiving scholarships
for failing to enroll. The same information shall also be reported by categories showing those students qualifying through WORKKEYS scores and scores on high school equivalency certification, and by the group of students who attended a home
‑
based educational program and did not graduate from an eligible high school;

21
‑
16
‑
1309
.

Scholarship amounts.

(b)

To the extent sufficient funds are not available in the expenditure account to fund all scholarships as provided under this article:

(i)

Funds available for scholarships under W.S. 21
‑
16
‑
1304
and 21
‑
16
‑
1305
shall be used for scholarships under W.S. 21
‑
16
‑
1306 after all scholarships under W.S. 21
‑
16
‑
1304
and 21
‑
16
‑
1305
have been paid;

(ii)

Funds available for scholarships under W.S. 21
‑
16
‑
1306 shall be used for scholarships under W.S.
21
‑
16
‑
1304
and 21
‑
16
‑
1305
after all scholarships under W.S. 21
‑
16
‑
1306 have been paid;

(c)

Any student receiving a scholarship under W.S 21
‑
16
‑
1304 may elect to receive
all or a portion of
their remaining scholarship amount in any semester in which the student is enrolled at an eligible institution. The election shall be submitted to the eligible institution at the time of enrollment. The eligible institution shall calculate the student's remaining scholarship amount in accordance with W.S. 21
‑
16
‑
1301(
a)(xxi) and shall include the amount, as limited in this subsection, in its certification of students under W.S. 21
‑
16
‑
1308. The department shall review the amount certified for each student and include the amount it determines to be in compliance with this article in its certification to the state treasurer of balances due to each institution under W.S. 21
‑
16
‑
1308(
a)(v).
Crediting of a student's r
emaining scholarship amounts under this subsection shall be limited such that the amount does not exceed the cost of the student's tuition and mandatory fees for the semester.

Section 2
.

(a)

Any student receiving a Hathaway opportunity, performance or honor scholarship prior to the effective date of this act and who
is currently
ineligible based upon failure to make satisfactory progress or to maintain continuous enrollment
under W.S. 21
‑
16
‑
1304(c) prior to amendment by this act
shall be eligible for reinstatement of
the
scholarship so long as the student is otherwise eligible under W.S. 21
‑
16
‑
1301 through 21
‑
16
‑
1311 as amended by this act. A
student receiving a Hathaway performance or honor scholarship prior to the effective date of this act and who is currently ineligible for that level of scholarship due to failure to maintain the cumulative grade point average previously required under W.S. 21
‑
16
‑
1304(c)
(iii)(A) and (B)

shall
be eligible for reinstatement of the level of scholarship initially awarded under W.S. 21
‑
16
‑
1301 through 21
‑
16
‑
1311, including any need based scholarship lost as a result of failure to maintain the requisite grade point average, upon achieving the grade point average specified in W.S. 21
‑
16
‑
1304(c) as amended by this act.
Nothing in this section shall be construed to amend the time limitations under W.S. 21
‑
16
‑
1303(
d) and (f)(viii)(B) for use of scholarships.

(b)

In calculating a student's remaining scholarship amount
,
all
amounts provided on behalf of the student from scholarships under W.S. 21
‑
16
‑
1304 or 21
‑
16
‑
1305 shall be deducted from the student's total scholarship amount, whether provided before or after the effective date of this act.

Section 3
.

W.S. 21
‑
16
‑
1301(a)(x), (xiv) and (xvi), 21
‑
16
‑
1303(f)(v
i
)
,
(vii) and (viii)(A), 21
‑
16
‑
1304(a)(
i
)
(A)
,

(B), (ii)
(A)
,

(B)
,
(iii)
(
A
)
,

(B),

(b),
(c)(ii)
,
(iii)
,
(d),
(f)(
i
)
through
(iii),
(g) and (h), 21
‑
16
‑
1305(a)
through
(e)
and
21
‑
16
‑
1307(e) are repealed.

Section 4
.

This act is effective July 1, 2017
.

(END)

1
SF0152