H. B. 2131
(By Delegate Blair)
[Introduced January 13, 2010; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18C-7-3 and §18C-7-6
of the Code of
West Virginia, 1931, as amended, all relating to permitting a
West Virginia student to receive fifty percent of the cost of
tuition at an out-of-state college or university under a
PROMISE scholarship where the course desired by the student is
not offered by any institution in the state.
Be it enacted by the Legislature of West Virginia:
That §18C-7-3 and §18C-7-6
of the Code of West Virginia, 1931,
as amended,
be amended and reenacted, all to read as follows:
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-3. Definitions.
(a) "Eligible institution" means:
(1) A state institution of higher education as defined in section two, article one, chapter eighteen-b of this code;
(2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, Davis and Elkins College, Mountain State
University, Ohio Valley University, the University of Charleston,
West Virginia Wesleyan College and Wheeling Jesuit University, all
in West Virginia. Any institution listed in this subdivision
ceases to be an eligible institution if it:
(A) Loses regional accreditation; or
(B) Changes its status as a private, not for profit
institution.
(3) Any other regionally accredited institution in this state,
public or private, approved by the board;
or
(4) An out-of-state institution of higher education, of which
the board can approve, which offers a course, which is required for
a major or degree, in a students chosen field, that is not offered
by any in-state institution.
(b) "Board" means the West Virginia PROMISE Scholarship Board
of the West Virginia PROMISE Scholarship Program as provided for in
section four of this article.
(c) "Tuition" means the quarter, semester or term charges
imposed by a state institution of higher education and all
mandatory fees required as a condition of enrollment by all
students.
(d) "Enrolled" means either currently enrolled or in the process of enrolling in an eligible institution.
§18C-7-6. PROMISE Scholarship Program requirements; legislative
rule.
(a) A PROMISE scholarship annual award meets the following
conditions:
(1) Equals but does not exceed the cost of tuition for a
student enrolled in a state institution of higher education:
Provided, That, for a West Virginia student for whom no state
institution offers a course leading to a major or degree in his or
her chosen field and there does exist an accredited institution in
another state, a scholarship will not pay an amount that exceeds
fifty percent of the cost of tuition.
(2) Equals an amount determined by the board, but not to
exceed the cost of tuition at state institutions of higher
education, for a student enrolled in an eligible institution that
is not a state institution of higher education; and
(3) Is used by an eligible institution to supplement, but not
to supplant, a tuition and fee waiver for which the individual is
eligible pursuant to sections five, six-a or seven, article ten,
chapter eighteen-b of this code.
(b) The total cost of all scholarships awarded by the board in
any year may not exceed the amount of funds available to the board
during that fiscal year.
(c) An individual shall meet the following conditions in order to be eligible to receive a PROMISE scholarship award:
(1) Submit a scholarship award application to the board;
(A) Within two years of graduating from high school or within
two years of acquiring a General Equivalency Degree if provided
instruction in the home or other approved place pursuant to
Exemption B, section one, article eight, chapter eighteen of this
code; or
(B) Within seven years of initially entering military service,
and within one year of discharge from such military service, if the
individual has entered the United States armed services within two
years after graduating from high school;
(2) Apply for and submit to the board a Free Application for
Federal Student Aid;
(3) Maintain a grade point average of at least 3.0 on a 4.0
grading scale in the required core and elective course work
necessary to prepare students for success in post-secondary
education at the associate and baccalaureate degree levels as
determined by the board, if the individual has completed not more
than one semester or term at an institution of higher education,
excluding credits earned in advanced placement, international
baccalaureate, dual credit and comparable courses while the student
is enrolled in high school;
(4) Maintain appropriate academic progress toward the
completion of a degree at the undergraduate education level as determined by the board if the individual has completed more than
one semester or term at an institution of higher education,
excluding credits earned in advanced placement, international
baccalaureate, dual credit and comparable courses while the student
is enrolled in high school;
(5) Meet additional objective standards as the board considers
necessary to promote academic excellence and to maintain the
financial stability of the fund;
(6) Enroll in an eligible institution. Any student enrolled
at an eligible institution who receives a PROMISE scholarship award
may retain and renew the scholarship to complete his or her
undergraduate education at that institution, or any other eligible
institution:
(A) If the institution at which the student is enrolled loses
its status as an eligible institution pursuant to the provisions of
subdivision (2), subsection (a), section three of this article; and
(B) If the student meets all other renewal requirements of
this code and of board rules.
(7) It is the intent of the Legislature that the board shall
strongly encourage prospective candidates for the PROMISE
scholarship to perform at least twenty hours of unpaid community
service while in high school to help prepare them for success in
post-graduate education. The community service may include, but is
not limited to, participation with nonprofit, governmental or community-based organizations designed to:
(A) Improve the quality of life for community residents;
(B) Meet the needs of community residents; or
(C) Foster civic responsibility.
(d) The board shall recommend a legislative rule to the
commission to implement the provisions of this article. The
commission shall promulgate a legislative rule in accordance with
the provisions of article three-a, chapter twenty-nine-a of this
code.
(1) The rule shall include at least the following provisions:
(A) The amount of a PROMISE scholarship award may not exceed
the cost of tuition at state institutions of higher education;
(B) The amount of a PROMISE scholarship award in combination
with aid from all other sources may not exceed the cost of
education at the institution the recipient is attending. This
provision does not apply to members of the West Virginia National
Guard, recipients of an Underwood-Smith teacher scholarship, and
recipients of a West Virginia engineering, science and technology
scholarship;
(C) Additional objective standards as the board considers
necessary:
(i) To promote academic excellence;
(ii) To maintain the financial stability of the fund; and
(iii) To operate the program within the limits of available funds.
(D) Provisions for making the highest and best use of the
PROMISE Scholarship Program in conjunction with the West Virginia
Prepaid Tuition Trust Act set forth in article thirty, chapter
eighteen of this code;
(E) A provision defining the relationship of PROMISE
scholarship awards to all other sources of student financial aid to
ensure maximum coordination. The provision shall include the
following:
(i) Methods to maximize student eligibility for federal
student financial aid;
(ii) A requirement that PROMISE scholarship awards not
supplant tuition and fee waivers; and
(iii) Clarification of the relationship between the PROMISE
Scholarship Program, tuition savings plans and other state funded
student financial aid programs;
(F) A method for awarding scholarships within the limits of
available appropriations, including circumstances when program
funds are not sufficient to provide awards to all eligible
applicants. The board may not utilize any of the following
methods:
(i) Making a scholarship award for an amount less than the
cost of full tuition for a student enrolled in a state institution
of higher education; or
(ii) Eliminating any current recipient from eligibility;
(G) A method for applicants to appeal determinations of
eligibility and renewal.
(2) The rule may provide for or require the following at the
board's discretion:
(A) Requiring repayment of the amount of the scholarship, in
whole or in part, if a scholarship recipient chooses to work
outside the state after graduation: Provided, That the rule may
not require a recipient to repay a scholarship, in whole or in
part, unless the prospective recipient has been informed of this
requirement in writing before initial acceptance of the PROMISE
scholarship award.
(B) Targeting a portion of the scholarship funds to be used
for applicants enrolled in an engineering, science, technology or
other designated program;
(C) Determining what other sources of funding for higher
education are to be deducted from the PROMISE scholarship award;
and
(D) Providing additional criteria as determined by the board.
(3) The Legislature finds that an emergency exists and,
therefore, the board shall file a rule to implement the provisions
of this section as an emergency rule pursuant to the provisions of
article three-a, chapter twenty-nine-a of this code. The rule is
subject to the prior approval of the Legislative Oversight Commission on Education Accountability.
NOTE: The purpose of this bill is to provide West Virginia
students with a partial PROMISE scholarship for schooling outside
the state for the reason that no in-state institution offers a
course for a major or a degree in the student's desired field.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.