Hathaway private post secondary institution scholarships.

26LSO-0247
2026
STATE OF WYOMING
26LSO-0247
Numbered
2.0

HOUSE BILL NO. HB0057

Hathaway private post secondary institution scholarships.

Sponsored by: Joint Education Interim Committee

A BILL

for

AN ACT relating to the use of Hathaway scholarships at private post secondary institutions; defining terms; creating a scholarship; establishing eligibility requirements; establishing payment of scholarship funds to private post secondary institutions; specifying success curriculum requirements; modifying the duties of the department of education; providing a sunset date; requiring rulemaking; requiring reporting; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 21
‑
16
‑
1313 is created to read:

21
‑
16
‑
1313.

Hathaway private post secondary institution scholarship; specifying eligible institutions; certification and payment of institutions; reporting requirements; sunset.

(a)

There is created the Hathaway private post secondary institution scholarship. Subject to the requirements of this section, the scholarship shall be awarded to eligible students to attend private post secondary institutions. For purposes of this section, "private post secondary institution" means a state accredited private post secondary degree granting educational institution authorized to operate and provide instruction in Wyoming in accordance with W.S. 21
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2
‑
401 through 21
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2
‑
407, including private post secondary degree granting institutions exempt from licensure pursuant to W.S. 21
‑
2
‑
406(a)(i)(C). The term includes institutions offering programs that result in a certificate, as defined by W.S. 21
‑
16
‑
1302(a)(iv), or a degree, as defined by W.S. 21
‑
16
‑
1302(a)(vi).

(b)

Awards of the private post secondary institution scholarships to students shall be contingent on available funds and anticipated revenue to the Hathaway scholarship expenditure account created by W.S. 21
‑
13
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1302(a).

(c)

The Hathaway private post secondary institution scholarship shall be used only for a student's cost of attendance at a private post secondary institution to obtain a certificate or degree.

(d)

Except as specified in this subsection, initial eligibility for the Hathaway private post secondary institution scholarship shall be as specified by W.S. 21
‑
16
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1303(b), (c) and (e). The department shall promulgate rules to establish eligibility criteria for students that complete a home
‑
based educational program and students that receive a high school equivalency certificate that comply with the requirements contained in W.S. 21
‑
13
‑
1308(b)(iii) and (iv). Except for students that complete a home
‑
based educational program or that receive a high school equivalency certificate, recipients shall:

(i)

Meet the success curriculum requirements contained in W.S. 21
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16
‑
1307(b);

(ii)

Have a minimum cumulative high school grade point average (GPA) of 3.5;

(iii)

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.

(e)

No student shall be eligible for a Hathaway private post secondary institution scholarship for more than the equivalent of five hundred dollars ($500.00) per semester at a private post secondary institution. Scholarships under this section shall be available for attendance at a private post secondary institution for not more than eight (8) full
‑
time semesters. Not more than two hundred (200) students shall receive a Hathaway private post secondary institution scholarship.

Notwithstanding any other provision of law, minimum continuing eligibility, satisfactory academic progress and reinstatement eligibility requirements for a Hathaway private post secondary institution scholarship shall be as prescribed by department rule.

(f)

Except as provided in subsections (d) and (g) of this section, the Hathaway private post secondary institution scholarships shall not be subject to the provisions of W.S. 21
‑
16
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1308, but shall be administered by the department in accordance with this section and the following:

(i)

The department shall, in consultation with private post secondary institution's admissions officers and financial aid officers, promulgate rules necessary to implement this section;

(ii)

Students shall apply for Hathaway private post secondary institution scholarships with the department at the time of applying for admission at a private post secondary institution or at an earlier time as established by rule of the department.

The application shall contain information required by rule of the department. The application shall require each applicant to verify under penalty of false swearing under W.S. 6
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5
‑
303, that the applicant has not been convicted of a felony in this state or another jurisdiction;

(iii)

Upon request of a student applying to a private post secondary institution and applying for a Hathaway private post secondary institution scholarship, each school district shall provide the department an official transcript of the student's academic record through the student's most recent semester of attendance.

Following graduation and upon the student's request the school district shall also provide the department an official transcript of the student's complete academic record. All transcripts provided pursuant to this paragraph shall designate each course that satisfies the success curriculum requirements established under W.S. 21
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16
‑
1307(b);

(iv)

The department shall preliminarily determine the student's eligibility for the Hathaway private post secondary institution scholarship.

For students applying for a scholarship, unless the student's complete academic record is available, the GPA used to preliminarily determine eligibility shall be based upon the student's official high school transcript after either the end of the first semester of a student's senior year or the second semester of a student's junior year, at the sole discretion of the eligible institution.

For students graduating prior to their senior year, the GPA used to preliminarily determine eligibility shall be based upon the student's official high school transcript as of the end of the semester immediately prior to the last semester before the student's graduation. High school GPAs for final eligibility determinations for students applying for a scholarship under this section shall be based upon the student's complete high school academic record;

(v)

The department shall determine and certify to the state treasurer the amount of scholarships awarded under this section for attendance at each eligible private post secondary institution in the same manner and form required by W.S. 21
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16
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1308(a)(v). The state treasurer shall pay from the scholarship expenditure account the amount certified by the department to each private post secondary institution.

(g)

The same information required to be reported under W.S. 21
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16
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1308(c) shall be reported to the department by each private post secondary institution receiving funds pursuant to this section for the Hathaway private post secondary institution scholarship. The annual report by the department shall be submitted to the governor and the legislature in accordance with W.S. 9
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2
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1014.

(h)

The department may conduct an audit of any private post secondary institution receiving funds from the scholarship program under this section to determine compliance with any provision of this article and rules.

(j)

This section is repealed July 1, 2029.

Section 2.

W.S. 21
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16
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1301(a)(ix) and (xv), 21
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16
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1302(a), 21
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16
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1309(b)(i), (ii) and (iv) and 21
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16
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1311 are amended to read:

21
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16
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1301.

Definitions.

(a)

As used in this article:

(ix)

"Eligible institution" means the University of Wyoming or a Wyoming community college
. For the purpose of awarding private post secondary institution scholarships under W.S. 21
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16
‑
1313 only, the term shall include private post secondary institutions, as defined by W.S. 21
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16
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1313(a)
;

(xv)

"Scholarship" means an award provided pursuant to W.S. 21
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16
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1304, 21
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16
‑
1305
,

or
21
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16
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1306
or 21
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16
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1313
;

21
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16
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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
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4
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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
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16
‑
1304
,

and
21
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16
‑
1305
and 21
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16
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1313
.

Twenty percent (20%) of all monies deposited to the expenditure account under this section shall be available for scholarships under W.S. 21
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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. Except as otherwise provided in this subsection, 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. For
calendar year 2023 and
each calendar year
,

thereafter,
all unexpended and unencumbered monies within the expenditure account on October 15 shall be deposited by the state treasurer to the Hathaway student scholarship reserve account on October 15.

21
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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
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16
‑
1305
and 21
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16
‑
1313
shall be used for scholarships under W.S. 21
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16
‑
1306 after all scholarships under W.S. 21
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16
‑
1304
,

and
21
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16
‑
1305
and 21
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16
‑
1313
have been paid;

(ii)

Funds available for scholarships under W.S. 21
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16
‑
1306 shall be used for scholarships under W.S. 21
‑
16
‑
1304
,

and
21
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16
‑
1305
and 21
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16
‑
1313
after all scholarships under W.S. 21
‑
16
‑
1306 have been paid;

(iv)

If no funds remain available in the expenditure account or reserve account at the time payment is required to be made to an institution for any semester, the payment to the eligible institutions
and private post secondary institutions
shall be reduced on a first come first served basis using the student's application date for the scholarship.

21
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16
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1311.

Hathaway scholarship program reporting.

The University of Wyoming
,

and
each community college
and each private post secondary institution receiving funds under this act
shall report on the use of all scholarship funds controlled by the institution, exclusive of federal funds. The report shall show the total scholarship funds, including scholarship funds granted via tuition discounts, for the most recently completed biennium contrasted with the biennium ending June 30, 2006. The report shall show how any funds supplanted by Hathaway scholarships have been reallocated for other scholarship and student financial aid programs or have been rebudgeted for other purposes and the plans for such funds for the coming biennium. The report shall describe the extent to which the university
,

and
community colleges
and private post secondary institutions receiving funds under this act
have included within regular written or electronic communications transmitted to alumni of the institutions, information on the progress of the scholarship programs established under this article and information on making contributions to the Hathaway student scholarship endowment account. The Wyoming community college commission shall specify the format of, and combine and transmit the reports on behalf of each college. The University of Wyoming and the community college commission shall include the reports within the respective biennial budget requests submitted under W.S. 9
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2
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1013.

Section 3
.

(a)

Students graduating school year 2025
‑
2026 through school year 2028
‑
2029 shall be eligible for Hathaway private post secondary institution scholarship, as created by section 1 of this act.

(b)

Any student awarded the Hathaway private post secondary institution scholarship, as created by section 1 of this act, in school year 2025
‑
2026 through school year 2028
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2029 shall receive funds in accordance with W.S. 21
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16
‑
1313, contingent upon the student's continued eligibility in accordance with

W.S. 21
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16
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1313(e).

Section 4
.

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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HB0057