AN ACT to amend article one, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended by adding thereto a new section, designated section four, relating to providing for eligibility for state funded higher education financial aid, grants or scholarships to certain students who attended a private high school outside the state .

That article one, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:

ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.

§18C-1-4.

Eligibility of commuting students for state

financial aid, grants, or scholarships.
(a) Notwithstanding any other provision of this code or rule of the higher education policy commission to the contrary, a person who has met all other conditions of eligibility for state funded financial aid, grants, or scholarships shall not be deemed ineligible for state funded financial aid, grants, or scholarships based solely upon his or her attendance at a private high school outside the state if:
(1) During his or her attendance at the school outside the state, the student was residing with his or her parent or legal guardian in this state and that parent or legal guardian was a resident of this state and had been a resident of this state for at least two years prior to the student's attendance at the school;
(2) The student commuted during the school term on a daily basis from this state to attend the school in another state;
(3) The student is a dependent of the parent or legal guardian upon which eligibility is based and the student has not established domicile outside the state;
(4) The school is fully accredited in the state of its location to the degree acceptable to the superintendent of schools of this state in his or her discretion; and
(5) The school's curriculum requirements for graduation are the same as the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the superintendent of schools of this state in his or her discretion.
(b) Nothing in this section may be construed to alter, amend or extend any application deadlines or other requirements established by law or policy.