Senate Bill No. 659
(By Senators Deem, Wells, Oliverio and Stollings)
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[Introduced February 22, 2010; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-10-1d; and to
amend and reenact §18C-1-4 of said code, all relating to
permitting children of certain military personnel who intend
to establish residency in West Virginia
to qualify for
resident tuition rates and state-funded student financial aid,
grants and scholarships; and establishing other eligibility
criteria.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-10-1d; and that
§18C-1-4 of said code be amended and reenacted, all to read as
follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1d. Resident tuition rates and eligibility for state
funded student financial aid, grants and
scholarships for children of certain military
personnel.
(a) The terms "resident", "residency", "legal residence", or
any other term or expression used to designate a West Virginia
resident student, when used to determine the rate of tuition to be
charged students attending community colleges and state-related and
state-owned institutions of higher education and when used to
determine eligibility for state funded student financial aid,
grants and scholarships pursuant to section four, article one,
chapter eighteen-c of this code includes students who resided and
attended high school in another state or a United States territory,
United States possession or foreign country and:
(1) The student resided with his or her parent or legal
guardian; and
(2) The student's parent or legal guardian:
(A) Served in the United States Armed Forces while the student
attended high school in such state, territory, possession or
country;
(B) Was stationed for military purposes in such state, territory, possession or country; and
(C) Indicates to the applicable entity determining residential
status that he or she intends to establish permanent residency in
West Virginia.
(b) A student who qualifies as a resident, as that term is
defined in subsection (a) of this section, on the first day of the
semester or term of the college or institution, shall be charged
resident tuition rates.
(c) No student may qualify as a resident under this section
for more than one year. Therefore, any student who cannot
establish residency independent of this section after one year is
no longer eligible for in-state tuition or state funded student
financial aid, grants and scholarships pursuant to section four,
article one, chapter eighteen-c of this code.
(d) The provisions of this section apply at the beginning of
the semester or term immediately following the effective date of
this section.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.
§18C-1-4. Eligibility of commuting students and children of
military personnel for state funded student
financial aid, grants and scholarships.
(a) Notwithstanding any other provision of this code or rule to the contrary, a student who attended a public or private high
school outside the state is eligible for state funded student
financial aid, grants and scholarships if:
(1) The student meets all other eligibility requirements for
the aid, grant or scholarship; and
(2) The student resided in West Virginia while attending high
school in another state, and:
(A) The student resided with his or her parent or legal
guardian who:
(i) Was a resident of this state; and
(ii) Had been a resident of this state for at least two years
immediately preceding the student's attendance at the school;
(B) The student commuted during the school term on a daily
basis from this state to the school;
(C) The student is a dependent of the parent or legal guardian
upon which eligibility is based;
(D) The student has not established domicile outside the
state; and
(E) At the discretion of the state superintendent of Schools,
as defined in section one, article one, chapter eighteen of this
code:
(i) The school is fully accredited in that state to the degree
acceptable to the state superintendent of Schools; and
(ii) The school's curriculum requirements for graduation are
equivalent to the curriculum requirements for graduation in this
state, or sufficiently similar to those requirements, as determined
by the state superintendent of Schools; or
(3) The student resided and attended high school in another
state or a United States territory, United States possession or
foreign country and:
(A) The student resided with his or her parent or legal
guardian; and
(B) The student's parent or legal guardian:
(i) Served in the United States Armed Forces while the student
attended high school in such state, territory, possession or
country;
(ii) Was stationed for military purposes in such state,
territory, possession or country; and
(iii) Maintained legal residence in West Virginia while
stationed in such state, territory, possession or country or has
established and maintains legal residence in West Virginia
immediately after being stationed in such state, territory,
possession or country.
(b) This section does not alter, amend or extend any
application deadlines or other requirements established by law or
policy.
NOTE: The purpose of this bill is to provide for resident
tuition rates and eligibility for state funded student financial
aid, grants and scholarships for a limited duration for children of
certain military personnel indicating an intent to establish
residency in West Virginia and meeting certain other requirements.
§18B-10-1d is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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