Senate Bill No. 446
(By Senator Mitchell and Rowe)
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[Introduced January 30, 2002; referred to the Committee
on Education; and then to the Committee on Finance

.]





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A BILL to amend article ten, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section seven-c, relating to providing tuition and fee
waivers for certain indigent adults attending a state
college or university on a "space available" basis; and
proposal of rules.
Be it enacted by the Legislature of West Virginia:
That article ten, chapter eighteen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-c, to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE
INSTITUTIONS 


OF HIGHER EDUCATION.
§18B-10-7c. Tuition and fee waivers for adult indigents.
The higher education policy commission shall propose rules
for legislative approval in accordance with article three-a,
chapter twenty-nine-a of this code that establishes a tuition
and fee waiver program for adult indigents. The rules shall
include at least the following:
(a) The program shall include one option for those who
attend undergraduate and graduate courses without receiving
credit and one option for individuals who attend undergraduate
and graduate courses for credit;
(b) A participant under either option of the program shall
meet the following requirements:
(1) The participant is a resident of West Virginia;
(2) The participant is an indigent as defined in section
two, article one, chapter nine of this code, and is twenty-one
years of age or older;
(3) Classroom space is available; and
(4) The instructor of the class consents;
(c) A method of establishing priority for allowing a
participant to attend a class or course, including the
development of educational standards and other relevant criteria
to determine academic eligibility for attending a class or
course;
(d) A determination of whether to require participants to
pay special fees, including laboratory fees, if the fees are
required of all other students;
(e) A determination of whether to require participants to
pay for parking;
(f) For participants in the program, the total tuition and
fees charged for all courses or classes attended per semester,
including laboratory and parking fees, may not exceed fifty
dollars: Provided, That after the first day of July, two
thousand six, the higher education policy commission may by rule
change the maximum fee.
NOTE: The purpose of this bill is to
provide tuition and
fee waivers for certain indigent adults attending a state
college or university on a "space available" basis.
This section is new; therefore, strike-throughs and
underscoring have been omitted.