Senate Bill No. 487
(By Senators Tomblin, (Mr. President) and Oliverio)
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[Introduced February 10, 1999; referred to the Committee on
Education; and then to the Committee on Finance.]
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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
the economic development of West Virginia; and the
maintenance of West Virginia's higher education
infrastructure by providing scholarships for engineering,
science and technology students attending approved
institutions of higher education in the state of West
Virginia.
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 promulgate
reasonable legislative rules in accordance with the provision of
article three-a, chapter twenty-nine-a of this code, for the
administration of the 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.
In accordance with such rules, the senior administrator shall
establish appropriate guidelines for program operation.
(c) There is hereby created in the state treasury a special
revolving fund to be known as the "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 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) Engineering, science and technology scholarships shall
be limited to three hundred new scholarships per year and a
maximum of one thousand outstanding scholarships during any year.
§18C-6-2. Definitions.
When used in this article the following words, terms and
phrases and any variations thereof required by the context, shall
have the meaning ascribed to them in this article, except where
the context indicates a different meaning:
(a) "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.
(b) "Science" means a major in biology, chemistry, computer
science, physics or mathematics at an approved institution of
higher education in this state, public or private, approved by
the senior administrator.
(c) "ABET" means the accrediting board for engineering and
technology.
(d) "ABET approved technology major" means a major approved
by ABET's technology accreditation commission.
(e) "ABET approved engineering major" means a major approved
by ABET's engineering accreditation commission.
(f) "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 and/or where an
industry-based certification requirement exists.
(g) "Industry-based certification" means any special
certification required necessary and/or deemed preferred for
employment in the field.
§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 engineering, science and technology scholarships
who meet eligibility criteria set forth in subsection (b) of this
article. 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 West Virginia
engineering, science and technology professionals.
(b) Eligibility for the engineering, science and technology
program shall be limited to applicants who meet the following criteria:
(1) The applicant shall be a United States citizen or
resident alien who meets the definition of an eligible
noncitizen under federal Title IV requirements.
(2) The applicant shall be in the top fifty percent of the
entering class at the applicant's selected approved institution
of higher education; or have a cumulative grade point average of
at least three point zero on a possible scale of four after
successfully completing two semesters of course work at an
approved institution of higher education.
(3) The applicant shall have been accepted for enrollment
into an engineering, science or technology program leading to a
certificate, associate or baccalaureate degree at an approved
institution of higher education. The program shall be an ABET
approved technology major, an ABET approved engineering major or
a science major or shall 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. Such 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 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 will be allocated to associated degrees and
certificate programs. Further allocation will be determined
based on established statewide need.
§18C-6-4. Scholarship agreement.
(a) Each recipient of an 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) Within a ten-year period after completing the
engineering, science or technology education for which the
scholarship was awarded; and
(A) Work full-time in an engineering, science or technology
related field in this state for not less than one year for every
two years for which the scholarship was received; or
(B) Repay all or part of an 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 may be required.
§18C-6-5. Renewal conditions; noncompliance; deferral; excusal.
(a) The recipient of an 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 in this state;
(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 such other standards as the boards may
establish by rule.
(b) Recipients found to be in noncompliance with the
agreement entered into under section four of this article shall
be required to repay the amount of the scholarship awards
received, plus interest and, where applicable, reasonable
collection fees, on a schedule and at a rate of interest
prescribed in the program guidelines. Such guidelines shall also
provide for appeal procedures under which a recipient may appeal
any determination of noncompliance.
(c) A recipient shall not be considered 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 shall be excused from repayment of an
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 qualified
physician.
(e) The rules adopted by the governing boards may provide
guidelines 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 an engineering, science and technology scholarship
is eligible to receive assistance of up to three thousand dollars
for each academic year of higher education. No individual may
receive scholarship assistance for more than four academic years for the completion of a baccalaureate degree.
(b) No individual shall 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 engineering, science and technology scholarship
award and the amount of assistance awards 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 what aid is to be reduced and shall do
so in a manner to the best advantage of the recipient.
Note: The purpose of the bill is to provide scholarships to
talented students who major in engineering, science and
technology at West Virginia colleges and universities. This
scholarship program will build the state's economy and retain the
state's strong educational infrastructure by attracting talented
students to West Virginia and retaining West Virginia's own pool
of talented engineering, science and technology students. The
bill requires students who receive scholarships to work in West
Virginia upon completion of their degrees.
This article is new; therefore, strike-throughs and
underscoring have been omitted.