COMMITTEE SUBSTITUTE

FOR

H. B. 2897

(By Delegates Fahey, Hubbard, Morgan, Mathews, Fox, L. Smith

and Swartzmiller )

(Originating in the Committee on Finance)

[March 27, 2001]



A BILL to amend and reenact section seven, article five, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing higher education adult part-time student grants to students enrolled in post-secondary certificate, industry recognized credential and other skill development programs of study in demand occupations; changing out-dated terms and references; modifying definitions, program parameters and grant amount calculations to accommodate new authorized programs; requiring policy commission rule for implementation; and authorizing emergency rule.

Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.
§18C-5-7. Higher education adult part-time student grant program.

(a) There is established the higher education adult part-time student grant program, hereafter referred to as the HEAPS grant program. The grant program established and authorized by this section is administered by the senior administrator vice chancellor for administration. Moneys appropriated or otherwise available for such purpose shall be allocated by line item to an appropriate account. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year.
(b) As used in this section, the following terms have the meanings ascribed to them:
(1) "Approved distance education" means a course of study offered via electronic access that has been approved for inclusion in the applicant's program of study by the eligible institution of higher education at which the applicant is enrolled or has been accepted for enrollment;
(2) "Part-time" means enrollment for not less than six nor more than eleven semester or term hours: Provided, That for no more than two semesters during the recipient's ten years of eligibility, the recipient may be considered to be enrolled part-time if he or she is enrolled for three or more semester or term hours: Provided, however, That in the case of enrollment in post-secondary certificate, industry recognized credential and other skill development programs of study in demand occupations in this state approved by the higher education policy commission, "part-time" means enrollment on such basis as is established for the program in which enrolled, and "satisfactory academic progress" means continuous advancement toward program completion on the normal schedule established for the program in which enrolled;
(3) "Satisfactory academic progress" means maintaining a cumulative grade point average of at least 2.0 on a 4.0 grading scale with a goal of obtaining a certificate, associate degree or bachelor's degree;
(4) "Eligible institution of higher education" means any community college; community and technical college; adult technical preparatory education program or training under the jurisdiction of the joint commission for vocational-technical-occupational education; , as that term is defined in section one-b, article three-a, chapter eighteen-b of this code; state college or university, as those terms are defined in section two, article one, chapter eighteen-b of this code; approved institution of higher education as that term is defined in section two of this article; or any approved distance education, including world wide web based courses; any nationally accredited degree granting institution of higher learning permitted pursuant to section five, article three, chapter eighteen-b of this code; or any post-secondary certificate, industry recognized credential and other skill development program of study in a demand occupation in this state approved by the higher education policy commission; and
(5) "State resident" means a student who has lived in West Virginia continuously for a minimum of twelve months immediately preceding the date of application for a HEAPS grant or renewal of a grant.
(c) A person is eligible for consideration for a HEAPS grant if the person:
(1) Demonstrates that he or she has applied for, accepted, or both, other student financial assistance in compliance with federal financial aid rules, including the federal Pell grant;
(2) Qualifies as an independent student according to current federal financial aid criteria, unless the person is enrolling in a post-secondary certificate, industry recognized credential or other skill development program of study in a demand occupation in the state approved by the higher education policy commission and has graduated from high school within the past two years;
(3) Demonstrates financial need for funds, as defined by legislative rule;
(4) Has not been enrolled in a high school diploma program, other than general education development (GED), for at least the two preceding years, unless the person will apply the grant for enrolling in a post-secondary certificate, industry recognized credential and other skill development program of study in a demand occupation in this state approved by the higher education policy commission;
(5) Is a state resident and may not be considered a resident of any other state;
(6) Is a United States citizen or permanent resident thereof;
(7) Is not incarcerated in a correctional facility;
(8) Is not in default on a higher education loan; and
(9) Is enrolled in a program of study as an undergraduate at less than the graduate level on a part-time basis at an eligible institution of higher education and is making satisfactory academic progress at the time of application: Provided, That the requirement that the student be making satisfactory academic progress may not preclude a HEAPS grant award to a student who has been accepted for enrollment in a program of study but has not yet been enrolled.
(d) Each HEAPS grant award is eligible for renewal until the course of study is completed, but not to exceed an additional nine years beyond the first year of the award.
(e) The governing boards policy commission shall propose a joint legislative rule pursuant to article three-a, chapter twenty- nine-a to implement the provisions of this section which shall be filed with the legislative oversight commission on education accountability by the first day of September, one thousand nine hundred ninety-nine two thousand one. The Legislature hereby declares that an emergency situation exists and, therefore, the governing boards jointly policy commission may establish by emergency rule, under the procedures of article three-a, chapter twenty-nine-a of this code, legislative rules a rule to implement the provisions of this section, after approval by the legislative oversight commission on education accountability.
(1) The joint legislative rules rule shall provide that consideration of financial need, as required by subdivision (3), subsection (c) of this section, include the following factors:
(A) Whether the applicant has dependents as defined by federal law;
(B) Whether the applicant has any personal hardship as determined at the discretion of the senior administrator vice chancellor for administration; and
(C) Whether the applicant will receive any other source of student financial aid during the award period.
(2) The joint legislative rule shall provide for an appropriate allocation process for distribution of funds directly to the eligible institutions of higher education, and may include a provision for making allocations directly to the community college components of four-year institutions where appropriate, based on the part-time enrollment figures of the prior year; and
(3) The rule shall also provide for the allocation of not less than twenty-five percent of the funds appropriated in any one fiscal year for use in making grants to students enrolled in post- secondary certificate, industry recognized credential and other skill development programs of study approved by the higher education policy commission: Provided, That after providing written notice to the legislative oversight commission on education accountability, the vice chancellor for administration may allocate less than twenty-five percent of such funds for such grants.
(4) The rules rule shall further provide for any funds not expended by an institution at the end of each fiscal year to be returned to the senior administrator vice chancellor for administration for distribution under the provisions of this section.
(f) The amount of any HEAPS grant awarded per semester or term hour or program of study for skill development, industry recognized credential or post-secondary certificate to a student enrolled at an eligible institution operated under the jurisdiction of an agency of the state or a political subdivision thereof a public institution of higher education under the jurisdiction of the governing boards, as defined in section two, article one, chapter eighteen-b of this code, shall be based upon the actual per credit hour ,term hour or program tuition and fees charged. The amount of any HEAPS grant awarded per semester or term hour or program of study for skill development, industry recognized credential or post-secondary certificate to a student enrolled in any other institution that qualifies under the provisions of this section shall be based upon the average per credit hour, or term hour or program tuition and fee charges assessed by all eligible institutions operated under the jurisdiction of an agency of the state or a political subdivision thereof offering similar programs public undergraduate institutions of higher education, under the jurisdiction of the governing boards during the previous year.
(g) The senior administrator vice chancellor for administration shall report annually, by the first day of December, on the status of the HEAPS grant program to the legislative oversight commission on education accountability.
(h) The HEAPS grant program is subject to any provision of this article not inconsistent with the provisions of this section.