Bill Text: MS HB440 | 2017 | Regular Session | Introduced
Bill Title: MS Higher Education Access and Success for Homeless and Foster Youth Act; create to provide tuition assistance.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB440 Detail]
Download: Mississippi-2017-HB440-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Universities and Colleges; Revenue and Expenditure General Bills
By: Representative Dixon
House Bill 440
AN ACT TO CREATE THE "MISSISSIPPI HIGHER EDUCATION ACCESS AND SUCCESS FOR HOMELESS AND FOSTER YOUTH ACT"; TO PROVIDE DEFINITIONS FOR TERMS USED IN THIS ACT; TO PROVIDE FOR IN-STATE TUITION AT PUBLIC POSTSECONDARY INSTITUTIONS FOR YOUTH WHO ARE FROM FOSTER CARE OR HOMELESS SITUATIONS; TO EXCLUDE FOSTER CARE ASSISTANCE FROM CONSIDERATION AS INCOME FOR PURPOSES OF CALCULATING FINANCIAL AID; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This Act shall be known and may be cited as the "Mississippi Higher Education Access and Success for Homeless and Foster Youth Act."
SECTION 2. As used in this act, the following terms shall have the meaning ascribed in this section, unless the context of use clearly requires otherwise:
(a) "Dependent student" means an individual under the age of twenty-four (24) who receives financial support from a parent or United States court appointed legal guardian.
(b) "Emancipated" means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of eighteen (18) shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents.
(c) "Independent student" means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody and earnings.
(d) "Student from a foster home situation" means an individual who:
(i) Has graduated from:
1. A Mississippi high school or received a general educational development (GED) diploma; or
2. The equivalent of a Mississippi high school in a state adjacent to this state or received the equivalent of a GED diploma as awarded by the State of Mississippi or from a state adjacent to this state; and
(ii) For a period of at least twelve (12) consecutive months immediately preceding the first day of enrollment:
1. Has been committed to the Mississippi Division of Child Protection Services and placed in a family foster home;
2. Has been in an independent living program with the placement funded by the Mississippi Division of Child Protection Services; or
(iii) Is an adopted child who was in the permanent legal custody of and placed for adoption by the Mississippi Division of Child Protection Services following his or her
fourteenth birthday.
(e) "Student from a homeless situation" means an individual who:
(i) Has graduated from:
1. A Mississippi high school or received a GED diploma awarded by the State of Mississippi;
(ii) The equivalent of a Mississippi high school in a state adjacent to this state or received the equivalent of a GED diploma as awarded by the State of Mississippi from a state adjacent to this state; and
(ii) Is under the age of twenty-four (24), who:
1. Currently lacks, or during the previous academic year lacked, a fixed, regular and adequate night-time residence as described under the McKinney-Vento Homeless
Assistance Act (42 USCS Section 11301. et seq.); and
2. Has evidence of such status as provided for in item 1 of this subparagraph (ii) from:
a. A local educational agency homeless liaison, as provided for under the McKinney-Vento Homeless Assistance Act, of this state or a state adjacent to this state;
b. The director, or a designee of the director, of an emergency or transitional shelter, street outreach program, homeless youth drop-in center or other such program serving homeless youth or families;
c. The director, or a designee of the director, of a program funded under Part A of Title IV of the Social Security Act (42 USCS Section 601. et seq.);
d. The state or tribal organization that administers a state plan under Part B or E of Title IV of the Social Security Act;
e. Staff of an accredited state supported institution of higher learning or public community or junior college; or
f. Such other similar professional.
However, the term "student from a homeless situation" shall not mean an individual who is or for any period within the last twelve (12) consecutive months has been incarcerated in any jail, correctional institution or similar facility for the detention of
violators of laws of this state.
SECTION 3. (1) (a) An independent student who has established and maintained a domicile in the State of Mississippi for a period of at least twelve (12) consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Mississippi for purposes other than attending a postsecondary educational institution in this state.
(b) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Mississippi within twelve (12) months of the relocation, such student shall be entitled to retain his or her in-state tuition classification.
(2) (a) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Mississippi for at least twelve (12) consecutive months immediately preceding the first day of classes for the term and:
(i) The student has graduated from a Mississippi high school; or
(ii) The parent claimed the student as a dependent on the parent's most recent federal or state income tax return.
(b) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Mississippi for at least twelve (12) consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear
evidence of having established and maintained domicile in the State of Mississippi for a period of at least twelve (12) consecutive months immediately preceding the first day of classes
for the term.
(c) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the
State of Mississippi after having established and maintained domicile in the State of Mississippi, such student may retain his or her in-state tuition classification so long as such student
remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian.
(3) Students from a foster home or homeless situation shall be classified as in-state for tuition purposes. Once the status of such students has been classified as in-state, such students shall maintain such classification until completion of a baccalaureate degree.
(4) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state
classification as determined by the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board. Lawful permanent residents, refugees, asylees or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United
States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification.
SECTION 4. To the extent permitted by federal act, scholarships, loans and grants provided for under this act shall not consider state funded foster care assistance as income for purposes of calculating financial aid or determining need.
SECTION 5. (1) Any state supported institution of higher learning or public community college or technical school operated by a local board of education shall be authorized to charge tuition fees in conformity with the rules and regulations
respectively promulgated by the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board. However, students from a foster home or homeless situation shall be classified as in-state for tuition purposes and once the status of such students has been classified as in-state such students shall maintain such classification until the completion of a diploma, certificate or baccalaureate degree, whichever shall occur first, at a state supported institution of higher learning or public community or junior college.
(2) Tuition fees charged shall not be used to supplant existing state or local funding, but shall be used for budgeted improvements not funded from existing state and local sources.
(3) The respective boards shall not withhold, from any
postsecondary institution under its authority which charges tuition fees as authorized by this section, any funds that would otherwise be payable to such school by contract, grant or otherwise.
SECTION 6. This act shall take effect and be in force from and after July 1, 2017.
