Bill Text: MS HB668 | 2010 | Regular Session | Introduced
Bill Title: Mississippi College Tuition Rebate Incentive Act; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB668 Detail]
Download: Mississippi-2010-HB668-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Universities and Colleges; Appropriations
By: Representative Dickson
House Bill 668
AN ACT TO CREATE THE MISSISSIPPI COLLEGE TUITION REBATE INCENTIVE ACT; TO DEFINE TERMS USED IN THIS ACT; TO REQUIRE THE PRESIDENT OR CHANCELLOR OF EACH INSTITUTION OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT WITH THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING ON EACH INSTITUTIONS' EFFORTS CONCERNING TIMELY GRADUATION; TO STIPULATE WHAT MUST BE INCLUDED IN THE REPORT; TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS IN ORDER FOR STUDENTS TO RECEIVE A TUITION REBATE; TO PROVIDE FOR THE AMOUNT OF THE TUITION REBATED TO STUDENTS WHO COMPLY WITH THE REQUIREMENTS OF THIS ACT; TO REQUIRE STUDENTS RECEIVING THE REBATE TO BE RESIDENTS OF THE STATE OF MISSISSIPPI; TO REQUIRE INSTITUTIONS OF HIGHER LEARNING TO NOTIFY EACH FIRST-TIME FRESHMAN STUDENTS OF THE TUITION REBATE PROGRAM; TO STIPULATE THE MANNER IN WHICH DISBURSEMENT OF TUITION REBATES APPLIES TO STUDENTS WITH OUTSTANDING STUDENT LOANS; TO CREATE THE STUDENT LOAN AUXILIARY FUND IN THE STATE TREASURY AND PROVIDE FOR ITS FUNDING; TO PERMIT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGES TO CHARGE RESIDENT UNDERGRADUATE STUDENTS TUITION AT A HIGHER RATE THAN THE RATE CHARGED TO OTHER RESIDENT UNDERGRADUATE STUDENTS IN CERTAIN INSTANCES; TO CREATE THE MISSISSIPPI COLLEGE WORK-STUDY PROGRAM FOR THE PURPOSE OF PROVIDING JOBS TO ELIGIBLE, FINANCIALLY NEEDY STUDENTS; TO REQUIRE THE BOARD OF TRUSTEES FOR STATE INSTITUTIONS OF HIGHER LEARNING AND THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO JOINTLY ADMINISTER THE WORK-STUDY PROGRAM; TO PRESCRIBE THE CRITERIA FOR ELIGIBILITY FOR THE WORK-STUDY PROGRAM; TO REQUIRE THE BOARD TO ADOPT RULES CONSISTENT WITH STATE AND FEDERAL LAW; TO REQUIRE THE BOARD TO DISTRIBUTE COPIES OF ITS ADOPTED RULES TO EACH INSTITUTION OF HIGHER LEARNING; TO PROVIDE FOR THE FUNDING OF THE WORK-STUDY PROGRAM; TO CREATE THE MISSISSIPPI STRIVING TOWARDS EXCELLENCE IN ACADEMICS (STEAM) GRANT PROGRAM TO BE ADMINISTERED BY THE MISSISSIPPI POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD; TO PRESCRIBE THE CRITERIA FOR ELIGIBILITY FOR A STEAM GRANT; TO REQUIRE THE MISSISSIPPI POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO ADOPT RULES FOR THE ADMINISTRATION OF THE STEAM GRANT PROGRAM; TO REQUIRE THE STATE SUPERINTENDENT OF PUBLIC EDUCATION TO PROVIDE TO THE BOARD A LIST OF ALL THE PUBLIC HIGH SCHOOLS NOT OFFERING THE REQUIRED COURSES TO COMPLETE ALL PARTS OF THE RECOMMENDED CORE OR ADVANCED HIGH SCHOOL CURRICULUM; TO PROVIDE FOR THE CONTINUED RECEIPT OF STEAM GRANT BENEFITS BY STUDENTS WHILE ENROLLED IN A PRIVATE INSTITUTION OF HIGHER LEARNING; TO REQUIRE THE MISSISSIPPI POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO DETERMINE THE STEAM GRANT AMOUNT AWARDED TO A FULL-TIME STUDENT AT A PRIVATE INSTITUTION OF HIGHER LEARNING; TO PROVIDE THAT THE TOTAL AMOUNT OF FINANCIAL AID RECEIVED BY A STUDENT AT A PRIVATE INSTITUTION OF HIGHER LEARNING FROM A STEAM GRANT SHALL NOT EXCEED THE MAXIMUM AMOUNT RECEIVED IN TUITION ASSISTANCE UNDER SECTION 37-157-1, MISSISSIPPI CODE OF 1972; TO PROVIDE THAT STUDENTS WHO ARE ELIGIBLE FOR BOTH A STEAM GRANT AND TUITION ASSISTANCE SHALL ONLY RECEIVE THE GRANT OF THE GREATER AMOUNT; TO PROVIDE THAT A HIGH SCHOOL STUDENT WHOSE TRANSCRIPT INDICATES THAT THE STUDENT WAS ON SCHEDULE TO GRADUATE FROM HIGH SCHOOL ON TIME SHALL BE ELIGIBLE TO BE AWARDED A STEAM GRANT BY ANY ELIGIBLE INSTITUTION; TO ALLOW THE MISSISSIPPI POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO EXERCISE THE OPTION OF HAVING A STUDENT FOREGO OR REPAY THE STEAM GRANT IF THE STUDENT FAILS TO MEET CERTAIN CRITERIA; TO PROVIDE THE MANNER FOR A STUDENT TO REESTABLISH ELIGIBILITY FOR A STEAM GRANT; TO PRESCRIBE THE CRITERIA FOR CONTINUED ELIGIBILITY FOR A STEAM GRANT; TO PROVIDE FOR THE PURPOSES FOR WHICH A STEAM GRANT MAY BE USED AND THE PROCEDURE FOR DISBURSEMENTS BY AN INSTITUTION OF HIGHER LEARNING; TO REQUIRE THE MISSISSIPPI POST-SECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO DETERMINE THE STEAM GRANT AMOUNT AWARDED TO A FULL-TIME STUDENT AT AN INSTITUTION OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE; TO REQUIRE THE BOARD TO PUBLISH THE AMOUNTS OF EACH GRANT ESTABLISHED FOR EACH INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; 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 College Tuition Rebate Incentive Act."
SECTION 2. As used in this act, the following terms shall have the meaning ascribed to them in this section, unless the context requires otherwise:
(a) "Board" means the Board of Trustees of State Institutions of Higher Learning acting in conjunction with the State Board for Community and Junior Colleges.
(b) "Eligible institution" means a public or private institution of higher learning or a community or junior college. The term "eligible institution" does not include a private institution of higher learning offering only professional or graduate degrees.
(c) "Institution of higher learning" means any of the following institutions of higher learning or community or junior colleges located in Mississippi: Alcorn State University, Delta State University, Jackson State University, Mississippi State University, Mississippi University for Women, Mississippi Valley State University, University of Mississippi, University of Southern Mississippi, Coahoma Community College, Copiah-Lincoln Community College, East Central Community College, East Mississippi Community College, Hinds Community College, Holmes Community College, Itawamba Community College, Jones County Junior College, Meridian Community College, Mississippi Delta Community College, Mississippi Gulf Coast Community College, Northeast Mississippi Community College, Northwest Mississippi Community College, Pearl River Community College, Southwest Mississippi Community College, Belhaven University, Blue Mountain College, Millsaps College, Mississippi College, Rust College, Tougaloo College, William Carey University, Mary Holmes College, Magnolia Bible College and Wood College.
(d) "Participating entity" means an eligible institution, a school district or a nonprofit organization that has filed a memorandum of understanding with the board under this act to participate in the work-study student mentorship program established under this section.
(e) "STEAM Grant Program" means the Mississippi Striving Towards Excellence in Academics Grant Program administered by the Mississippi Post-Secondary Education Financial Assistance Board.
(f) "Hardship or other good cause" means an incidence or occurrence that prevents a student from continuing his or her enrollment, including:
(i) A showing of a severe illness or other debilitating condition;
(ii) A showing that the person is or was responsible for the care of a sick, injured, or needy person; or
(iii) The performance of active duty military service by the student.
SECTION 3. (1) Not later than November 1 of each year, the president or chancellor of each institution of higher learning, shall provide to the governing board of the institution and the Board of Trustees of State Institutions of Higher Learning a report for the preceding academic year that examines the institution's efforts concerning timely graduation of its undergraduate students.
(2) The report must:
(a) State, for each undergraduate degree program, the average number of semester credit hours attempted and the average number of fall and spring semesters attended by a student completing the program;
(b) State the specific efforts implemented by the institution to ensure that undergraduate students graduate in a timely manner and do not attempt an excessive number of semester credit hours beyond the minimum number required to complete the students' degree programs, including the institution's efforts to provide academic counseling concerning timely graduation, to develop an online student degree progress report that compares the courses taken and credit received by a student to the courses completed and needed for degree and graduation requirements for each academic term, and to implement tuition policies that encourage timely graduation; and
(c) Include any other information required by the Board of Trustees of State Institutions of Higher Learning.
(3) An institution's report must be in the form prescribed by board rule adopted in consultation with the institution of higher learning.
SECTION 4. (1) A student is eligible for a rebate of a portion of the undergraduate tuition the student has paid if:
(a) The student is awarded an undergraduate certificate or degree at an eligible institution with a cumulative grade point average of at least 3.0 on a 4.0 scale or the equivalent:
(i) Within four (4) calendar years after the date that the student initially enrolled in the institution or another eligible institution if:
1. The institution is a four-year institution; and
2. The student is awarded a degree other than a degree in engineering, architecture, or any other program determined by the board to require more than four (4) years to complete; or
(ii) Within five (5) calendar years after the date that the student initially enrolled in the institution or another eligible institution if:
1. The institution is a four-year institution; and
2. The student is awarded a degree in engineering, architecture, or any other program determined by the board to require more than four (4) years to complete; and
(b) The student has attempted no more than three (3) hours in excess of the minimum number of semester credit hours required to complete the degree program:
(i) Including:
1. Transfer credits; and
2. Course credit earned exclusively by examination, except that, for purposes of this subsection, only the number of semester credit hours earned exclusively by examination in excess of nine (9) semester credit hours is treated as hours attempted; and
(ii) Excluding course credit that is earned to satisfy requirements for a Reserve Officers' Training Corps (ROTC) program but that is not required to complete the degree program.
(2) The amount of tuition to be rebated to a student under this section shall be One Thousand Dollars ($1,000.00), unless the total amount of undergraduate tuition paid by the student to the institution of higher learning awarding the degree was less than One Thousand Dollars ($1,000.00), in which event the amount of tuition to be rebated is an amount equal to the amount of undergraduate tuition paid by the student to the institution. However, a student who paid the institution awarding the degree an amount of undergraduate tuition less than One Thousand Dollars ($1,000.00) may qualify for an increase in the amount of the rebate, not to exceed a total rebate of One Thousand Dollars ($1,000.00), for any amount of undergraduate tuition the student paid to other institutions of higher learning by providing the institution with proof of the total amount of that tuition paid to other institutions.
(3) A student who has transferred from another institution of higher learning shall provide the institution awarding the degree an official transcript from each institution attended by the student in order that the period during which the student has been enrolled in a general academic teaching institution and the total number of hours attempted by the student can be verified.
(4) To qualify for a rebate under this section, the student must be a resident of this state and entitled to pay tuition at the rate provided by Section 37-103-25 for a resident student at all times while pursuing the degree.
(5) All institutions of higher learning shall notify each first-time freshman student enrolled at the institution of the tuition rebate program.
(6) The institution awarding the degree shall pay the rebate under this section from funds designated for that purpose in the Student Loan Auxiliary Fund.
(7) If a student entitled to a rebate under this section has an outstanding student loan, including an emergency loan, owed or guaranteed by the state, the institution shall apply the amount of the rebate to the student's loan. If a student has more than one (1) outstanding loan, the institution shall apply the amount of the rebate to the loans as directed by the student or, if the student fails to provide timely instructions on the application of the amount, the institution shall apply the amount of the rebate to the loans according to priorities established by the board. If the amount of the rebate exceeds the amount of the loan indebtedness, the institution shall pay the student the excess amount.
(8) The Legislature, in its appropriations for state-supported institutions of higher learning, shall account for the rebates authorized by this section in a way that provides a corresponding increase in the general funds appropriated to any institution. It is the intent of the Legislature that rebates authorized by this section shall be financed by savings to the state resulting from reductions in the number of courses taken by undergraduate students.
(9) The board, in consultation with the institutions of higher learning, shall adopt rules for the administration of this section, including a rule to allow an otherwise eligible student to receive a rebate under this section if the student is not awarded a baccalaureate degree within the period required by subsection (1)(a) solely as a result of a hardship or other good cause.
SECTION 5. (1) There is created in the State Treasury a special fund to be known as the Student Loan Auxiliary Fund. The fund shall consist of all monies designated by the Legislature for deposit therein, gifts or grants made to the Board of Trustees of State Institutions of Higher Learning and to the State Board for Community and Junior Colleges for purposes of the fund and deposits made as authorized by this act.
(2) Any interest earned on the fund shall be credited to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund. Monies in the fund shall be expended, upon appropriation by the Legislature, exclusively for the purposes of implementing the provisions of this chapter. Disbursement of monies in the fund shall be made only upon warrants issued by the State Fiscal Officer upon requisitions of the board or its designee.
SECTION 6. (1) A state-supported institution of higher learning or a public community or junior college may charge a resident undergraduate student tuition at a higher rate than the rate charged to other resident undergraduate students, not to exceed the rate charged to nonresident undergraduate students in accordance with the provisions of Section 37-103-25, if before the semester or other academic session begins the student has previously attempted a number of semester credit hours for courses taken at any institution of higher learning while classified as a resident student for tuition purposes that exceeds by at least thirty (30) hours the number of semester credit hours required for completion of the degree program in which the student is enrolled. For purposes of this subsection, an undergraduate student who is not enrolled in a degree program is considered to be enrolled in a degree program or programs requiring a minimum of one hundred twenty (120) semester credit hours, including minors and double majors, and for completion of any certificate or other special program in which the student is also enrolled, including a program with a study-abroad component. An institution of higher learning that charges students tuition at a higher rate under this subsection may adopt a policy under which the institution exempts from the payment of that higher rate a student that is subject to the payment of the higher rate solely as a result of hardship as determined by the institution under the policy.
(2) The following shall not be counted for purposes of determining the number of semester credit hours previously attempted by a student for the purposes of subsection (1) of this section:
(a) Semester credit hours earned by the student before receiving a baccalaureate degree that has previously been awarded to the student;
(b) Semester credit hours earned by the student by examination or under any other procedure by which credit is earned without registering for a course for which tuition is charged;
(c) Credit for a remedial education course, a technical course, a workforce education course or another course that does not count toward a degree program at the institution; and
(d) Semester credit hours earned by the student at a private institution or an out-of-state institution.
(3) Subsection (1) of this section does not apply to the tuition charged to a student who initially enrolled as an undergraduate student in an institution of higher learning during or before the 2010 fall semester.
(4) An institution of higher learning may charge a resident undergraduate student tuition at a higher rate than the rate charged to other resident undergraduate students, not to exceed the rate charged to nonresident undergraduate students, for any course in which the student enrolls that is the same as or substantively identical to a course for which the student previously completed. The Board of Trustees of State Institutions of Higher Learning shall adopt a rule that exempts a resident undergraduate student from this subsection if the student enrolls in a course that is the same as or substantially similar to a course that the student previously completed, solely as a result of a hardship or other good cause.
(5) In its appropriations to institutions of higher learning, the Legislature shall compute the local funds available to each institution as if the tuition collected under subsections (1) and (4) of this section were not collected.
(6) Each institution of higher learning shall inform each new undergraduate student enrolling at the institution in writing of the limitation provided by this section on the number of hours or type of courses that a Mississippi resident is entitled to complete while paying tuition at the rate provided for Mississippi residents.
SECTION 7. (1) The student financial assistance program authorized by this section shall be known as the Mississippi College Work-Study Program, the purpose of which is to provide eligible, financially needy students with jobs, funded in part by the State of Mississippi, to enable those students to attend eligible institutions of higher education, public or private, in Mississippi.
(2) The Board of Trustees of State Institutions of Higher Learning in conjunction with the State Board for Community and Junior Colleges shall administer the Mississippi College Work-Study Program. The board shall work with eligible institutions and employers to provide eligible students with part-time jobs funded in part by the state; however, state support for this program may not exceed the amount specified by appropriation.
(3) To be eligible for employment in the work-study program a person must:
(a) Be a Mississippi resident as defined by board rules;
(b) Be enrolled for at least one-half (1/2) of a full course load and conform to an individual course of study in an eligible institution;
(c) Establish financial need in accordance with board procedures and rules; and
(d) Comply with other requirements adopted by the board under this act.
(4) A person is not eligible to participate in the work-study program if the person:
(a) Receives an athletic scholarship; or
(b) Is enrolled in a seminary or other program leading to ordination or licensure to preach for a religious sect or to be a member of a religious order.
(5) An eligible institution may enter into agreements with employers that participate in the work-study program. To be eligible to participate in the work-study program, an employer must:
(a) Provide part-time employment to an eligible student in nonpartisan and nonsectarian activities;
(b) Provide, as far as practicable, employment to an eligible student that is related to the student's academic interests;
(c) Use Mississippi College Work-Study Program positions only to supplement and not to supplant positions normally filled by persons not eligible to participate in the work-study program;
(d) Provide from sources other than federal college work-study program funds a percentage of an employed student's wages that is equal to the percentage of a student's wages that the employer would be required to provide to the student in that academic year under the federal college work-study program; and
(e) Provide from sources other than federal college work-study funds one hundred percent (100%) of other employee benefits for the employed student.
SECTION 8. (1) The board shall adopt rules, consistent with the purposes and policies of this act, to enforce the requirements, conditions, and limitations expressed by this act.
(2) The board shall adopt rules necessary to ensure compliance with the Civil Rights Act of 1964, Title VI (Public Law No. 88-352), concerning nondiscrimination in admissions or employment.
(3) The board shall distribute to each eligible institution copies of all rules adopted under this act.
SECTION 9. Funding to cover the state's contribution toward the funding of the work-study program under this act shall be payable from funds appropriated by the Legislature for that purpose.
SECTION 10. (1) The board shall administer a work-study student mentorship program under which students who are enrolled at participating eligible institutions and who meet the eligibility requirements for employment in the Mississippi College Work-Study Program under Section 6 of this act may be employed by participating entities under the Mississippi College Work-Study Program to:
(a) Mentor students at participating eligible institutions or high school students in participating school districts; or
(b) Counsel high school students at high school-based recruiting centers designed to improve student access to higher education.
(2) To participate in the work-study student mentorship program, an eligible institution and one (1) or more school districts or nonprofit organizations interested in jointly participating in the program shall file with the board a joint memorandum of understanding detailing the roles and responsibilities of the participating entities.
(3) The board, in consultation with eligible institutions, school districts, and nonprofit organizations that express interest in participating in the work-study student mentorship program, shall develop a standard contract establishing the roles and responsibilities of participating entities to be used as a model for a memorandum of understanding entered into by participating entities under subsection (2) of this section.
(4) The board:
(a) Shall establish criteria to ensure that the participating eligible institution's contribution toward the wages and benefits of a student employed as a mentor under the work-study student mentorship program is matched by funds provided by the participating entity benefiting from the services of the employed student in an amount that is at least equal to the amount of the participating eligible institution's contribution;
(b) May accept appropriate in-kind contributions from participating nonprofit organizations to satisfy the matching funds requirement of this subsection; and
(c) May waive the matching funds requirement of this subsection for a participating entity that meets criteria established by the board for a waiver.
(5) The board shall partner with participating nonprofit organizations to establish high school-based recruiting centers designed to improve student access to higher education in this state.
(6) The board shall ensure that each student employed under the work-study student mentorship program:
(a) Receives appropriate training and supervision; and
(b) Is paid at least at the minimum wage required by law.
(7) The board may accept gifts, grants, and donations from any public or private source for the purposes of this section.
(8) An eligible institution participating in the work-study student mentorship program under this section may require students who are on academic probation at the institution to be matched with a student mentor employed under the program.
(9) Not later than November 1 of each year, each eligible institution participating in the work-study student mentorship program shall submit to the board a report regarding the progress resulting from the institution's participation in the program. The report must include:
(a) The number of students of the institution employed as mentors under the program in the preceding academic year;
(b) The number of students of the institution receiving mentoring under the program in the preceding academic year;
(c) The number of high school students receiving mentoring or counseling from students of the institution under the program in the preceding academic year;
(d) Information relating to the costs of the program; and
(e) If available, information in the form prescribed by the board regarding the following indicators of the academic progress of the students of the institution employed as mentors under the program, students of the institution receiving mentoring under the program, and the high school students receiving mentoring or counseling from students of the institution under the program:
(i) Changes in grade point averages;
(ii) Changes in graduation rates;
(iii) Changes in the percentage of high school students who enroll in higher education; and
(iv) Effects on higher education readiness and preparation.
(10) Notwithstanding Section 6 of this act, a participating entity that employs a student mentor under the work-study student mentorship program shall provide from sources other than federal college work-study funds:
(a) Not less than ten percent (10%) of the employed student's wages; and
(b) One hundred percent (100%) of other employee benefits for the employed student.
SECTION 11. (1) There is established a student financial assistance program to be known as the Mississippi Striving Towards Excellence in Academics (STEAM) Grant Program, to be administered by the Mississippi Post-Secondary Education Financial Assistance Board established under Section 37-106-9, the purpose of which is to provide grants to enable eligible students to attend institutions of higher education in this state.
(2) The Mississippi Post-Secondary Education Financial Assistance Board shall administer the STEAM Grant Program and shall adopt any rules necessary to implement the program. The board shall consult with the student financial aid officers of eligible institutions in developing the rules.
(3) The board shall adopt rules to provide a STEAM grant to an eligible student enrolled in an eligible institution in the most efficient manner possible.
(4) The total amount of STEAM grants awarded may not exceed the amount available for the program from appropriations, gifts, grants, or other funds.
(5) In determining who should receive a STEAM grant, the board and the eligible institutions shall give highest priority to awarding STEAM grants to students who demonstrate the greatest financial need.
SECTION 12. (1) To be eligible initially for a STEAM grant, a student must:
(a) Be a resident of this state as determined by board rules;
(b) Meet either of the following academic requirements:
(i) Be a graduate of a public or accredited private high school in this state who graduated not earlier than the 2009-2010 school year and who completed the recommended core or advanced high school curriculum or its equivalent; or
(ii) Have received an associate degree from a public or private institution of higher learning not earlier than May 1, 2010;
(c) Meet financial need requirements as defined by the Mississippi Post-Secondary Education Financial Assistance Board;
(d) Be enrolled in an undergraduate degree or certificate program at an eligible institution;
(e) Be enrolled as:
(i) An entering undergraduate student for at least three-fourths (3/4) of a full course load for an entering undergraduate student, as determined by the board, not later than sixteen (16) months after the date of the person's graduation from high school; or
(ii) An entering undergraduate student for at least three-fourths (3/4) of a full course load for an undergraduate student as determined by the board, not later than twelve (12) months after the person receives an associate degree from a public or private institution of higher learning;
(f) Have applied for any available financial aid or assistance; and
(g) Comply with any additional nonacademic requirement adopted by the board under this act.
(2) A person is not eligible to receive a STEAM grant if the person has been convicted of a felony or an offense under Chapter 29, Title 41, Mississippi Code of 1972, or under the law of another jurisdiction involving a controlled substance as defined by Chapter 29, Title 41, Mississippi Code of 1972, unless the person has met the other applicable eligibility requirements under this act and has:
(a) Received a certificate of discharge by the Mississippi Department of Corrections or other correctional facility or completed a period of probation ordered by a court, and at least two (2) years have elapsed from the date of the receipt or completion; or
(b) Been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a STEAM grant.
(3) A person is not eligible to receive a STEAM grant if the person has been granted a baccalaureate degree.
(4) A person may not receive a STEAM grant for more than one hundred fifty (150) semester credit hours or the equivalent.
(5) If a person is initially awarded a STEAM grant during or after the 2010 fall semester, unless the person is provided additional time during which the person may receive a STEAM grant under subsection (6) of this section, the person's eligibility for a STEAM grant ends on:
(a) The fifth anniversary of the initial award of a STEAM grant to the person, if the person is enrolled in a degree or certificate program of four (4) years or less; or
(b) The sixth anniversary of the initial award of a STEAM grant to the person, if the person is enrolled in a degree program of more than four (4) years.
(6) The Mississippi Post-Secondary Education Financial Assistance Board shall adopt rules to provide a person who is otherwise eligible to receive a STEAM grant additional time during which the person may receive a STEAM grant in the event of a hardship or other good cause shown that prevents the person from continuing the person's enrollment during the period the person would otherwise have been eligible to receive a STEAM grant.
(7) The requirement in subsection (1)(b) of this section that a person must have completed the recommended core or advanced high school curriculum does not apply to a person who:
(a) Attended a public high school in a school district if that district certifies to the State Superintendent of Public Education that the high school did not offer all the necessary courses for a person to complete all parts of the recommended core or advanced high school curriculum; and
(b) Completed all courses at the high school offered toward the completion of the recommended core or advanced high school curriculum.
(8) Not later than March 1 of each year, the State Superintendent of Public Education shall provide to the board a list of all the public high schools that do not offer all the courses necessary to complete all parts of the recommended core or advanced high school curriculum as described by subsection (7)(a) of this section.
(9) The Mississippi Post-Secondary Education Financial Assistance Board shall adopt rules to allow a person who is otherwise eligible to receive a STEAM grant, in the event of a hardship or for other good cause shown, to receive a STEAM grant while enrolled in a number of semester credit hours that is less than the number of semester credit hours required under subsection (1)(e) of this section. However, the board may not allow a person to receive a STEAM grant while enrolled in fewer than six (6) semester credit hours.
SECTION 13. (1) Notwithstanding any other law to the contrary, a student who is awarded a STEAM grant under this act to pay the costs of enrollment in a private institution of higher learning for the 2010 fall semester may continue to receive grants under this act while enrolled in a private institution of higher learning if the student is otherwise eligible to receive a grant under this act.
(2) The amount of a STEAM grant under this section for a student enrolled full time at a private institution of higher learning is the amount determined by the Mississippi Post-Secondary Education Financial Assistance Board as the average statewide amount of tuition and required fees that a resident student enrolled full time in a baccalaureate degree program would be charged for that semester or term at a state-supported institution of higher learning.
(3) Notwithstanding subsection (2) or any other law to the contrary, the total amount of financial aid that a student enrolled in a private institution of higher learning is eligible to receive in a state fiscal year from STEAM grants awarded under this section shall not exceed the maximum amount the student may receive in tuition assistance authorized under Section 37-157-1.
(4) Notwithstanding subsection (2) or other law to the contrary, a student enrolled in a private institution of higher learning may not receive a STEAM grant under this section and tuition assistance under Section 37-157-1, for the same semester or other term, regardless of whether the student is otherwise eligible for both grants during that semester or term. A student who, but for this subsection, would be awarded both a STEAM grant and tuition assistance under Section 37-157-1 for the same semester or other term is entitled to receive only the grant of the greater amount.
SECTION 14. (1) If, at the time an eligible institution awards STEAM grants to initial recipients for an academic year, an applicant has not completed high school or the applicant's final high school transcript is not yet available to the institution, the student is considered to have satisfied the requirements of Section 12(1)(b)(i) of this act if the student's available high school transcript indicates that at the time the transcript was prepared the student was on schedule to graduate from high school and to complete the recommended high school curriculum or its equivalent, as applicable to the student, in time to be eligible for a STEAM grant for the academic year.
(2) The Mississippi Post-Secondary Education Financial Assistance Board or the eligible institution may require the student to forgo or repay the amount of an initial STEAM grant awarded to the student as described by subsection (1) of this section if the student fails to complete the recommended core or advanced high school curriculum or its equivalent after the issuance of the available high school transcript.
(3) A person who is required to forgo or repay the amount of an initial STEAM grant under subsection (2) of this section may become eligible to receive an initial STEAM grant under Section 12 of this act by satisfying the associate degree requirement prescribed by Section 12(1)(b)(ii) of this act and the other applicable requirements of that section at the time the person reapplies for the grant.
(4) A person who receives an initial STEAM grant under subsection (1) of this section and is not required to forgo or repay the amount of the grant under subsection (2) of this section may become eligible to receive a later STEAM grant under Section 15 of this act only by satisfying the associate degree requirement prescribed by Section 12(1)(b)(ii) of this act in addition to the requirements of Section 15 of this act at the time the person applies for the later grant.
SECTION 15. (1) After initially qualifying for a STEAM grant, a person may continue to receive a STEAM grant during each semester or term in which the person is enrolled at an eligible institution only if the person:
(a) Meets financial need requirements as defined by the Mississippi Post-Secondary Education Financial Assistance Board;
(b) Is enrolled in an undergraduate degree or certificate program at an eligible institution;
(c) Is enrolled for at least three-fourths (3/4) of a full course load for an undergraduate student, as determined by the board;
(d) Makes satisfactory academic progress toward an undergraduate degree or certificate; and
(e) Complies with any additional nonacademic requirement adopted by the board.
(2) A person is not eligible to continue to receive a STEAM grant under this section if the person has been convicted of a felony or an offense under Chapter 29, Title 41, Mississippi Code of 1972, or under the law of another jurisdiction involving a controlled substance as defined by Chapter 29, Title 41, Mississippi Code of 1972, unless the person has met the other applicable eligibility requirements under this act and has:
(a) Received a certificate of discharge by the Mississippi Department of Corrections or other correctional facility or completed a period of probation ordered by a court, and at least two (2) years have elapsed from the date of the receipt or completion; or
(b) Been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a STEAM grant under this act.
(3) If a person fails to meet any of the requirements of subsection (1) of this section after the completion of any semester or term, the person may not receive a STEAM grant during the next semester or term in which the person enrolls. A person may become eligible to receive a STEAM grant in a later semester or term if the person:
(a) Completes a semester or term during which the student is not eligible for a scholarship; and
(b) Meets all the requirements of subsection (1) of this section.
(4) A person who qualifies for and later receives a STEAM grant, who receives an undergraduate certificate or associate degree, and who, not later than twelve (12) months after the person receives the certificate or degree, enrolls in a program leading to a higher-level undergraduate degree continues to be eligible for a STEAM grant to the extent other eligibility requirements are met.
(5) For the purpose of this section, a person makes satisfactory academic progress toward an undergraduate degree or certificate only if:
(a) In the person's first academic year the person meets the satisfactory academic progress requirements of the institution at which the person is enrolled; and
(b) In a later academic year, the person:
(i) Completes at least seventy-five percent (75%) of the semester credit hours attempted in the student's most recent academic year; and
(ii) Earns an overall grade point average of at least 2.5 on a 4.0 scale or the equivalent on coursework previously attempted at a public or private institution of higher learning.
(6) A person who is eligible to receive a STEAM grant continues to remain eligible to receive the grant if the person enrolls in or transfers to another eligible institution.
(7) The Mississippi Post-Secondary Education Financial Assistance Board shall adopt rules to allow a person who is otherwise eligible to receive a STEAM grant, in the event of a hardship or for other good cause shown, including a showing of a severe illness or other debilitating condition that may affect the person's academic performance or that the person is responsible for the care of a sick, injured, or needy person and that the person's provision of care may affect the person's academic performance, to receive a STEAM grant:
(a) While enrolled in a number of semester credit hours that is less than the number of semester credit hours required under subsection (1)(c) of this section; or
(b) If the student's grade point average or the student's completion rate or number of semester credit hours completed, as applicable, falls below the satisfactory academic progress requirements of subsection (5) of this section.
SECTION 16. A person receiving a STEAM grant may use the money to pay any usual and customary cost of attendance at an institution of higher learning incurred by the student. The institution may disburse all or part of the proceeds of a STEAM grant to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.
SECTION 17. (1) The amount of a STEAM grant for a semester or term for a person enrolled full-time at an eligible institution of higher learning other than an institution covered by subsection (2) of this section is the amount determined by the Board of Trustees of State Institutions of Higher Learning as the average statewide amount of tuition and required fees that a resident student enrolled full time in a baccalaureate degree program would be charged for that semester or term at state-supported four-year institutions of higher learning.
(2) The amount of a STEAM grant for a semester or term for a student enrolled full time at a community or junior college is the amount determined by the State Board for Community and Junior Colleges as the average statewide amount of tuition and required fees that a student who is a resident of the community or junior college district and is enrolled full time in an associate degree or certificate program would be charged for that semester or term at a community or junior college.
(3) The Mississippi Post-Secondary Education Financial Assistance Board shall determine the average statewide tuition and fee amounts for a semester or term of the next academic year for purposes of this section by using the amounts of tuition and required fees that will be charged by the applicable eligible institutions for that semester or term in that academic year. The board may estimate the amount of the charges for a semester or term in the next academic year by an institution if the relevant information is not yet available to the board.
(4) The Mississippi Post-Secondary Education Financial Assistance Board may adopt rules that allow the board to increase or decrease, in proportion to the number of semester credit hours in which a student is enrolled, the amount of a STEAM grant award under this section to a student who is enrolled in a number of semester credit hours in excess of or below the number of semester credit hours described in Section 12(1)(e) or Section 15 (1)(c) of this act.
(5) The amount of a STEAM grant may not be reduced by any financial aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any financial aid received exceeds the student's financial need.
(6) Not later than January 31 of each year, the Mississippi Post-Secondary Education Financial Assistance Board shall publish the amounts of each grant established by the board for each type of institution for the academic year beginning the next fall semester.
(7) A state-supported institution of higher learning may not:
(a) Unless the institution complies with subsection (9) of this section, charge a person attending the institution who also receives a STEAM grant an amount of tuition and required fees in excess of the amount of the STEAM grant received by the person; or
(b) Deny admission to or enrollment in the institution based on a person's eligibility to receive a STEAM grant or a person's receipt of a STEAM grant.
(8) A state-supported institution of higher learning may elect to award a STEAM grant to any student in an amount that is less than the applicable amount established under subsection (1), (3), (4) or (5) of this section.
(9) A state-supported institution of higher learning shall use other available sources of financial aid, other than a loan, to cover any difference in the amount of a STEAM grant awarded to the student and the actual amount of tuition and required fees at the institution if the difference results from:
(a) A reduction in the amount of a STEAM grant under subsection (8) of this section; or
(b) A deficiency in the amount of the grant as established under subsection (1), (3), (4) or (5) of this section, as applicable, to cover the full amount of tuition and required fees charged to the student by the institution.
(10) The Legislature, in its appropriations for state-supported institutions of higher learning, shall account for tuition and required fees received under this section in a way that does not increase the general funds appropriations to any institution.
(11) The Mississippi Post-Secondary Education Financial Assistance Board shall provide information regarding the Mississippi B-On-Time Student Loan Program established under House Bill No. ____, 2010 Regular Session, to each eligible applicant who receives less than the full amount of a STEAM grant.
SECTION 18. Section 37-103-25, Mississippi Code of 1972, is amended as follows:
37-103-25. (1) The Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.
(2) Except as otherwise provided in this subsection, the total tuition to be paid by residents of other states and resident students who have previously attempted a number of semester credit hours that exceeds by at least thirty (30) hours the number of semester credit hours required for completion of the degree program in which the student is enrolled under Section 6(1) of this act shall not be less than the average cost per student from appropriated funds. However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:
(a) The nonresident student was born in the State of Mississippi but later relocated and resided outside the state as a minor under the care of the minor's father or mother, or both;
(b) The nonresident student is a veteran who served in the Armed Forces of the United States;
(c) The nonresident student is domiciled in Mississippi no later than six (6) months after the nonresident student's separation from service, as evidenced by a Report of Separation from Military Service or other military discharge document, for the purpose of enrolling in a state institution of higher learning or a community or junior college; or
(d) The nonresident student is an evacuee of an area affected by Hurricane Katrina or Hurricane Rita. This waiver shall be applicable to the 2005-2006 school year only.
SECTION 19. This act shall take effect and be in force from and after July 1, 2010.
