H. B. 3136
(By Delegate Blair)
[Introduced February 21, 2003; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact sections three and six, article seven,
chapter eighteen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to
permitting a West Virginia student to receive fifty percent of
the cost of tuition at an out-of-state college or university
under a PROMISE scholarship where the course desired by the
student is not offered by any institution in the state.
Be it enacted by the Legislature of West Virginia:
That sections three and six, article seven, chapter eighteen-c
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-3. Definitions.
(a) "Eligible institution" means:
(1) A state institution of higher education as is defined in
section two, article one, chapter eighteen-b of this code;
(2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, the College of West Virginia, Davis and Elkins
College, Ohio Valley College, Salem International University, the
University of Charleston, West Virginia Wesleyan College and
Wheeling Jesuit University, all in West Virginia: Provided, That
if any institution listed in this subdivision is not regionally
accredited, it shall not be included as an eligible institution; or
(3) Any other regionally accredited institution in this state,
public or private, approved by the board; or in the case of a West
Virginia student for whom no state institution offers a course
leading to a major or degree in his or her chosen field and there
does exist an accredited institution in another state of which the
board can approve.
(b) "Board" means the West Virginia PROMISE scholarship board
of control of the West Virginia PROMISE scholarship program as
provided for in section four of this article.
(c) "Tuition" means the quarter, semester or term charges
imposed by a state institution of higher education and all
mandatory fees required as a condition of enrollment by all
students.
§18C-7-6. Requirements for rules on PROMISE scholarship program;
recommendations by PROMISE scholarship board of
control; promulgation by higher education policy
commission.
(a) The board shall recommend a legislative rule to the higher
education policy commission to implement the provisions of this
article. The higher education policy commission shall promulgate
a legislative rule in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code which shall include at
least the following provisions:
(1) A requirement that a scholarship will not pay an amount
that exceeds the cost of tuition at state institutions of higher
education and may include an allowance for books and supplies and
a requirement that, for a West Virginia
student for whom no state
institution offers a course leading to a major or degree in his or
her chosen field and there does exist an accredited institution in
another state
, a scholarship will not pay an amount that exceeds
fifty percent of the cost of tuition.
(2) A requirement that the student shall first submit the
application/needs analysis form used to apply for federal student
aid programs along with an application for the PROMISE scholarship.
(3) The amount of the PROMISE scholarship awarded in
combination with aid from all other sources shall not exceed the cost of education at the institution the recipient is attending:
Provided, That this restriction does not apply to members of the
West Virginia National Guard, recipients of an Underwood-Smith
teacher scholarship, and recipients of a West Virginia engineering,
science and technology scholarship;
(4) Minimum requirements for eligibility for the scholarship
which include:
(A) A provision that a student is only eligible to apply for
a scholarship within two years of the time he or she graduates from
high school or, in the case of home school students, passes the GED
examination: Provided, That if a student has entered the United
States armed services within two years after he or she graduates
from high school, the student is eligible to apply for a
scholarship within seven years of the time he or she enters
military service: Provided, however, That once discharged from the
military, the student is only eligible to apply for one year from
the date of discharge;
(B) For individuals with zero to fifteen credits from an
institution of higher education, excluding credits earned in
advanced placement and dual credit courses while the student is
enrolled in high school, that the individual: (i) Maintain at
least a 3.0 grade point average in the required core and elective
course work necessary to prepare students for success in
post-secondary education at the two-year and baccalaureate levels as determined by the board; and (ii) meet other criteria as
established by the board;
(C) For individuals with more than fifteen credits from an
institution of higher education, excluding credits earned in
advanced placement and dual credit courses while the student is
enrolled in high school, that the individual attain and maintain
appropriate academic progress toward the completion of a degree at
the undergraduate education level as defined by the board; and
(D) For all individuals, additional objective standards as the
board considers necessary to promote academic excellence and to
maintain the financial stability of the fund;
(5) A provision requiring the student to be enrolled in or in
the process of enrolling in an eligible institution as defined in
section three of this article;
(6) Provisions for making the highest and best use of the
PROMISE scholarship program in conjunction with the West Virginia
prepaid tuition trust act set forth in article thirty, chapter
eighteen of this code;
(7) A determination of whether to require scholarship
recipients to repay the amount of their scholarship, in whole or in
part, if they choose to work outside the state after graduation;
(8) A determination of whether to set aside a portion of the
scholarship funds for targeted scholarships for applicants accepted
or enrolled in an engineering program, science program, technology program or other designated programs;
(9) A determination of what other sources of funding for
higher education, if any, should be deducted from the PROMISE
scholarship award;
(10) A determination and clarification of the relationship of
PROMISE scholarship awards to all other aid a student may receive
to provide maximum coordination. The determination shall consider
the following:
(A) Methods to maximize student eligibility for federal
student aid dollars;
(B) A requirement that PROMISE scholarship awards not supplant
tuition and fee waivers; and
(C) Clarification of the relationship between the PROMISE
scholarship program, tuition savings plans and other state student
aid and loan programs;
(11) A method for the award of scholarships within the limits
of available appropriations; and
(12) A method for applicants to appeal determinations of
eligibility and continuation.
(b) The Legislature hereby declares that an emergency
situation exists and, therefore, the policy commission may
establish by emergency rule, under the procedures of article
three-a, chapter twenty-nine-a of this code, a rule to implement
the provisions of this section. If established, the rules shall be filed with the legislative oversight commission on education
accountability and with the office of the secretary of state on or
before the first day of September, two thousand one.
NOTE: The purpose of this bill is to provide West Virginia
students with a partial PROMISE scholarship for schooling outside
the state for the reason that no in-state institution offers a
course for a major or a degree in the student's desired field.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.