COMMITTEE SUBSTITUTE
FOR
H. B. 2695
(By Delegates Michael, Stemple, Mezzatesta, Doyle, Williams,
Leach and Givens)
(Originating in the Committee on Finance)
[March 1, 1999]
A BILL to amend chapter eighteen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six, relating to
higher education boards of advisors; creating the West
Virginia engineering, science and technology scholarship
program; legislative findings; legislative rules;
definitions; creating in the state treasury a special
revolving fund; scholarship agreements, limitations,
selection criteria, procedures, eligibility, compliance,
noncompliance, renewal, amount and duration; and relation of
scholarship award to other sources of financial aid.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article six, to read as
follows:
ARTICLE 6. WEST VIRGINIA ENGINEERING, SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
§18C-6-1. Scholarship fund created; purposes; funding; limit on
number of new scholarships per year.
(a) The purpose of this article is to attract talented
students to West Virginia colleges and universities to major in
engineering, science and technology. The Legislature recognizes
that a larger pool of engineering, science and technology talent
in West Virginia will build the state's economy and businesses.
In addition, long-term population increases for West Virginia
will develop a strong economic base. The new economy requires
that West Virginia retain its education infrastructure in order
to maintain economic growth.
(b) The higher education governing boards shall propose
legislative rules in accordance with the provision of article
three-a, chapter twenty-nine-a of this code, for the
administration of the West Virginia engineering, science and
technology scholarship program by the senior administrator in
furtherance of the purposes of this article, including, but not
limited to, scholarship selection criteria and procedures,
renewal, compliance, noncompliance and repayment, deferral and
excusal. The rules shall also provide for appeal procedures
under which a recipient may appeal any determination of
noncompliance. The rules may provide for satisfaction of the
work requirement provided in paragraph (A), subdivision (2),
subsection (a), section four of this article to include community service relating to engineering, science or technology. In
accordance with the rules, the senior administrator shall
establish appropriate guidelines for program operation. The
boards shall present the rules for approval to the legislative
oversight commission on education accountability by the first day
of December, one thousand nine hundred ninety-nine.
(c) There is hereby created in the state treasury a special
revolving fund known as the "West Virginia Engineering, Science
and Technology Scholarship Fund" to be administered by the senior
administrator solely for granting scholarships to prospective
engineers, scientists and technologists in accordance with this
article. Any moneys which may be appropriated by the
Legislature, or received by the senior administrator from other
sources, for the purposes of this article shall be deposited in
the fund. Any moneys remaining in the fund at the close of the
fiscal year shall be carried forward for use in the next fiscal
year. Any moneys repaid to the senior administrator by reason of
default of a scholarship agreement under this article shall also
be deposited in the fund. Fund balances shall be invested with
the state's consolidated investment fund, and any and all
interest earnings on these investments shall be used solely for
the purposes for which moneys invested were appropriated or
otherwise received.
(d) The senior administrator may accept and expend any gift,
grant, contribution, bequest, endowment or other money for the
purposes of this article and shall make a reasonable effort to encourage external support for the scholarship program.
(e) For the purpose of encouraging support for the
scholarship program from private sources, the senior
administrator may set aside no more than half of the funds
appropriated by the Legislature for West Virginia engineering,
science and technology scholarships to be used to match two
state dollars to each private dollar from a nonstate source
contributed on behalf of a specific institution of higher
education in this state.
(f) West Virginia engineering, science and technology
scholarships are limited to three hundred new scholarships per
year and a maximum of one thousand outstanding scholarships
during any year.
(g) Nothing in this article requires any specific level of
funding by the Legislature.
§18C-6-2. Definitions.
When used in this article the following terms have the
following meanings, unless the context clearly indicates a
different meaning:
(a) "ABET" means the accrediting board for engineering and
technology.
(b) "ABET approved engineering major" means a major approved
by ABET's engineering accreditation commission.
(c) "ABET approved technology major" means a major approved
by ABET's technology accreditation commission.
(d) "Approved institution of higher education" means a state institution of higher education as defined in section two,
article one, chapter eighteen-b of this code, and
Alderson-Broaddus College, Appalachian Bible College, Bethany
College, the College of West Virginia, Davis and Elkins College,
Ohio Valley College, Salem-Teikyo College, the University of
Charleston, West Virginia Wesleyan College and Wheeling Jesuit
College, all in West Virginia, and any other institution of
higher education in this state, public or private, approved by
the senior administrator.
(e) "Engineering, science and technology related field"
means any position for which the employer provides a written
statement that engineering, science or technology skill,
knowledge and ability, as evidenced by the attainment of a
certificate, associate or baccalaureate degree in engineering,
science or technology, are preferred or required or where an
industry-based certification requirement exists.
(f) "Industry-based certification" means any special
certification required, necessary or deemed preferred for
employment in the field.
(g) "Science" means a major in biology, chemistry, computer
science, physics or mathematics at an approved institution of
higher education.
§18C-6-3. Selection criteria and procedures.
(a) The higher education governing boards shall designate an
existing scholarship selection agency or panel to select the
recipients of West Virginia engineering, science and technology scholarships who meet eligibility criteria set forth in
subsection (b) of this section. If no such agency or panel
exists, the higher education governing boards shall appoint a
scholarship selection panel for this purpose which shall consist
of seven persons representative of West Virginia engineering,
science and technology higher education administrators and
educators, with a minimum of one voting member representing
community colleges, and one member representing West Virginia
engineering, science and technology professionals.
(b) Eligibility for the West Virginia engineering, science
and technology scholarship program is limited to any applicant
who:
(1) Is a United States citizen or resident alien who
meets the definition of an eligible noncitizen under federal
Title IV requirements;
(2) Has a cumulative grade point average of 3.0 on a 4.0
grading scale upon graduation from high school or the equivalent;
or has a cumulative grade point average of at least 3.0 on a 4.0
grading scale after completing two semesters of course work at an
approved institution of higher education; and
(3) Has been accepted for enrollment in an engineering,
science or technology program leading to a certificate, associate
or baccalaureate degree at an approved institution of higher
education. The program must be an ABET approved technology
major; an ABET approved engineering major; a science major; an
engineering or technology program or major that has been approved by the senior administrator; or must lead to specialized
certification as established by appropriate industry standards.
(c) In accordance with the rules of the governing boards,
the senior administrator shall develop criteria and procedures
for the selection of scholarship recipients that reflect the
purposes of this article and the areas in which particular
efforts will be made in the selection of recipients as set forth
in section one of this article and which also may include, but
not be limited to, the grade point average of the applicant,
involvement in extracurricular activities, financial need,
current academic standing and an expression of interest in a
career in engineering, science or technology as expressed in an
essay written by the applicant. The criteria and procedures
further may require the applicant to furnish letters of
recommendation from teachers and others. It is the intent of the
Legislature that academic abilities be the primary criteria for
selecting scholarship recipients.
(d) In developing the selection criteria and procedures to
be used by the panel, the senior administrator shall solicit the
views of public and private engineering, science and technology
agencies and institutions and other interested parties. This
view: (1) Shall be solicited by means of written and published
selection criteria and procedures in final form for
implementation; and (2) may be solicited by means of public
hearings on the present and projected engineering, science and
technology needs of the state or such other methods as the senior administrator may determine to be appropriate to gather such
information.
(e) The senior administrator shall make application forms
for West Virginia engineering, science and technology
scholarships available to public and private high schools in the
state and other locations convenient to applicants, parents and
others and shall make an effort to attract students from low- income backgrounds, ethnic or racial minority students, students
with disabilities and women or minority students who show
interest in pursuing careers in engineering, science and
technology and who are under-represented in those fields.
(f) In awarding the scholarships, the panel shall give
preference to applicants who are West Virginia residents.
(g) In awarding scholarships, not less than twenty percent
of appropriated funds may be awarded to students enrolled in
certificate and associate degree programs. Further awards will
be determined based on established statewide need.
§18C-6-4. Scholarship agreement.
(a) Each recipient of a West Virginia engineering, science
and technology scholarship shall enter into an agreement with the
senior administrator under which the recipient shall:
(1) Provide the boards with evidence of compliance with
subsection (a), section five of this article;
(2) Agree that within one year following the date the
recipient ceases to be a full-time student at an eligible
institution in a program of engineering, science or technology education for which the scholarship was awarded he or she will:
(A) Begin working full-time in an engineering, science or
technology related field in this state for a duration of not less
than one year for each year the scholarship was received; or
(B) Begin repayment of all or part of the West Virginia
engineering, science and technology scholarship received under
this article plus interest and, if applicable, reasonable
collection fees, in accordance with subsection (b), section five- b of this article, except as provided in subsections (c) and (d)
of said section five.
(b) Scholarship agreements shall fully disclose the terms
and conditions under which this article is provided and under
which repayment of the scholarship may be required.
§18C-6-5. Renewal conditions; noncompliance; deferral; excusal.
(a) The recipient of a West Virginia engineering, science
and technology scholarship is eligible for scholarship renewal
only during such periods that the recipient is:
(1) Enrolled as a full-time student in an approved
institution of higher education;
(2) Pursuing a course of study leading to a certificate,
associate or baccalaureate degree in engineering, science or
technology or leading to specialized certification as established
by industry-based standards;
(3) Maintaining satisfactory progress as determined by the
approved institution of higher education the recipient is
attending; and
(4) Complying with any other standards established by the
boards by rule.
(b) A recipient in noncompliance with a scholarship
agreement is required to repay the amount of any scholarship
award received, plus interest, and, where applicable, reasonable
collection fees, on a schedule and at a rate of interest
prescribed in the guidelines of the senior administrator. The
legislative rules or the guidelines shall provide for a method of
prorating repayment amounts against any amount of the work
requirement that has been fulfilled by the recipient.
(c) A recipient is not in violation of the agreement entered
into under section three of this article during any period in
which the recipient is:
(1) Pursuing a full-time course of study at an accredited
institution of higher education;
(2) Serving, not in excess of four years, as a member of the
armed services of the United States; or
(3) Satisfying the provisions of additional repayment
exemptions that may be prescribed by the boards by rule.
(d) A recipient is excused from repayment of a West Virginia
engineering, science and technology scholarship received under
this article if the recipient dies or becomes permanently and
totally disabled as established by sworn affidavit of a physician
qualified to make such a determination as determined by the rules
established by the boards.
(e) The rules adopted by the governing boards shall provide that the length of the repayment period may not exceed ten years:
Provided, That the rules may include provisions under which the
senior administrator may, if extenuating circumstances exist,
extend the period for fulfilling the obligation to fifteen years.
§18C-6-6. Amount and duration of scholarship; relation to other
assistance.
(a) Subject to subsection (b) of this section, each
recipient of a West Virginia engineering, science and technology
scholarship is eligible to receive an award of up to three
thousand dollars for each academic year of higher education. No
individual may receive a scholarship award for more than four
academic years for the completion of a baccalaureate degree.
(b) No individual may receive a scholarship award under this
article which exceeds the cost of attendance at the institution
the individual is attending. The cost of attendance shall be
based upon the actual cost of tuition and fees. If the amount of
the West Virginia engineering, science and technology scholarship
award and the amount of financial assistance which the recipient
has received from all other sources exceed the cost of
attendance, the institution's financial aid officer, in
consultation with the recipient, will determine which source of
financial aid is to be reduced and shall do so in a manner to the
best advantage of the recipient.