House Bill 1276

AN ACT TO PROVIDE FOR THE WAIVER OF TUITION, REQUIRED FEES AND BOOK COSTS AT THE STATE INSTITUTIONS OF HIGHER LEARNING AND COMMUNITY AND JUNIOR COLLEGES FOR THE CHILDREN OF CERTAIN DECEASED VETERANS AND DISABLED VETERANS; TO PROVIDE FOR THE PARTIAL WAIVER OF TUITION, REQUIRED FEES AND BOOK COSTS AT THE STATE INSTITUTIONS OF HIGHER LEARNING AND COMMUNITY AND JUNIOR COLLEGES FOR THE CHILDREN, SPOUSES AND UNREMARRIED WIDOWS AND WIDOWERS OF CERTAIN DECEASED VETERANS AND DISABLED VETERANS; TO PROVIDE THAT APPLICATIONS FOR WAIVERS MUST INCLUDE CERTAIN DOCUMENTATION; TO PROVIDE THAT TUITION MAY BE WAIVED FOR BOTH FULL-TIME AND PART-TIME STUDENTS; TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING SHALL BE THE ADMINISTERING AGENCY OF THE TUITION WAIVER PROGRAMS; TO AMEND SECTION 37-103-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates:

(a) "Child" means a natural child, legally adopted child or stepchild.

(b) "Tuition" means the quarter, semester, trimester or term charges, all required fees and book costs; however, the term "tuition" does not include food, housing costs, school supplies, materials, dues or fees for extracurricular activities.

(2) Beginning with the 2019-2020 academic year, any resident of the State of Mississippi, as defined in Section 37-103-1 et seq., who is the child of a veteran of the United States Armed Forces who (a) was killed in the line of duty or died as the result of a service-connected disability as determined by the United States Department of Veterans Affairs, (b) has been rated as having one hundred percent (100%) or total disability by the United States Department of Veterans Affairs or (c) was discharged or retired from the armed forces with a disability rating of forty percent (40%) or more and has maintained that percentage, and who is enrolled in or accepted for enrollment at a state institution of higher learning or a public community or junior college in Mississippi, may apply for a waiver of tuition at the institution of higher learning or community or junior college. In order to be eligible for a tuition waiver, a child must not have reached twenty-four (24) years of age on the first day of the quarter, semester, trimester or term for which the child is enrolling. However, any child who has begun earning academic credit in furtherance of an associate or baccalaureate degree or certificate program before attaining twenty-four (24) years of age whose instruction is interrupted for any reason is eligible to receive academic waivers in furtherance of the degree or certificate toward which the student is working, subject to the conditions prescribed in subsection (3) of this section. An application for a tuition waiver must be accompanied by proper proof that the veteran is a veteran of the United States Armed Forces and that the veteran was killed in the line of duty or died as a result of a service-connected disability as determined by the United States Department of Veterans Affairs or meets the applicable disability requirement.

(3) A waiver of tuition awarded under this section may not exceed the actual cost of tuition at the institution of higher learning or community or junior college at which the child of a deceased or qualified disabled veteran is enrolled or accepted for enrollment and may be reduced by an amount to ensure the value of the waiver, combined with any other grants, scholarships and benefits received by the student, does not exceed the actual cost or tuition. Both full-time and part-time students may apply for a waiver under this section. Students enrolling on a full-time basis may receive a maximum of four (4) annual waivers, and in those instances when a degree program requires five (5) years for completion, five (5) annual waivers. The number of waivers that may be granted to a student attending school on a part-time basis may not exceed the length of time required to complete the associate or baccalaureate degree or certificate program toward which the student is working. A person who has a baccalaureate degree is not eligible for a waiver of tuition under this section, and any person who has an associate degree may receive waivers only in furtherance of a baccalaureate degree.

(4) As a condition for renewal of a waiver of tuition, a student must make steady academic progress toward a certificate or associate or baccalaureate degree, as certified by the institution's registrar, and must maintain a cumulative grade point average of at least 2.00 calculated on a 4.00 scale at the end of each term.

(5) The Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board jointly shall promulgate rules and regulations necessary to carry out the purposes of this section. The Board of Trustees of State Institutions of Higher Learning is the administering agency of the tuition waiver program.

(6) It is the intent of the Legislature that all children of deceased veterans and all children of veterans with a qualifying disability who are eligible for a waiver of tuition under this section be granted a waiver. If funding at a state institution of higher learning or community or junior college is insufficient to provide a waiver of tuition for all eligible applicants at that institution or college, the board shall grant the tuition waivers to students on a first-come, first-served basis; however, priority consideration must be given to persons previously receiving waivers under this section who are making steady academic progress toward completion of a certificate program or associate or baccalaureate degree.

(7) The Legislature shall appropriate all funds necessary to carry out the provisions of this section.

SECTION 2. (1) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates:

(a) "Child" means a natural child, legally adopted child or stepchild.

(b) "Spouse" means husband or wife.

(c) "Tuition" means the quarter, semester, trimester or term charges, all required fees and book costs; however, the term "tuition" does not include food, housing costs, school supplies, materials, dues or fees for extracurricular activities.

(2) Beginning with the 2019-2020 academic year, any resident of the State of Mississippi, as defined in Section 37-103-1 et seq., who is the child, spouse or unremarried widow or widower of a veteran of the United States Armed Forces rated as having disability of at least forty percent (40%) but not more than ninety percent (90%) by the United States Department of Veterans Affairs or was rated as having disability of at least forty percent (40%) by the United States Department of Veterans Affairs at the time of the veteran's death, and who is enrolled in or accepted for enrollment at a state institution of higher learning or a public community or junior college in Mississippi, may apply for a waiver of sixty percent (60%) of tuition at the institution of higher learning or community or junior college. In order for a child to be eligible for a tuition waiver, the child must not have reached twenty-four (24) years of age on the first day of the quarter, semester, trimester or term for which the child is enrolling. However, any child who has begun earning academic credit in furtherance of an associate or baccalaureate degree or certificate program before attaining twenty-four (24) years of age whose instruction is interrupted for any reason is eligible to receive academic waivers in furtherance of the degree or certificate toward which the student is working, subject to the conditions prescribed in subsection (3) of this section. An application for a tuition waiver must be accompanied by proper proof that the veteran is a veteran of the United States Armed Forces and meets the applicable disability requirement.

(3) A waiver of tuition awarded under this section may not exceed sixty percent (60%) of the actual cost of tuition at the institution of higher learning or community or junior college at which the child, spouse or unremarried widow or widower is enrolled or accepted for enrollment and may be reduced by an amount to ensure the value of the waiver, combined with any other grants, scholarships and benefits received by the student, does not exceed the actual cost or tuition. Both full-time and part-time students may apply for a waiver under this section. Students enrolling on a full-time basis may receive a maximum of four (4) annual waivers, and in those instances when a degree program requires five (5) years for completion, five (5) annual waivers. The number of waivers that may be granted to a student attending school on a part-time basis may not exceed the length of time required to complete the associate or baccalaureate degree or certificate program toward which the student is working. A person who has a baccalaureate degree is not eligible for a waiver of tuition under this section, and any person who has an associate degree may receive waivers only in furtherance of a baccalaureate degree.

(6) It is the intent of the Legislature that all persons who are eligible for a waiver of tuition under this section be granted a waiver. If funding at a state institution of higher learning or community or junior college is insufficient to provide a waiver of tuition for all eligible applicants at that institution or college, the board shall grant the tuition waivers to students on a first-come, first-served basis; however, priority consideration must be given to persons previously receiving waivers under this section who are making steady academic progress toward completion of a certificate program or associate or baccalaureate degree.

(7) The Legislature shall appropriate all funds necessary to carry out the provisions of this section.

SECTION 3. Section 37-103-19, Mississippi Code of 1972, is amended as follows:

37-103-19. (1) Resident status of a spouse or child of a member of the Armed Forces of the United States on extended active duty shall be that of the military spouse or parent for the purpose of attending state-supported institutions of higher learning and community/junior colleges of the State of Mississippi during the time that the military spouse or parent is stationed within the State of Mississippi and shall be continued through the time that the military spouse or parent is stationed in an overseas area with last duty assignment within the State of Mississippi, excepting temporary training assignments en route from Mississippi. Resident status of a minor child terminates upon reassignment under Permanent Change of Station Orders of the military parent for duty in the continental United States outside the State of Mississippi, excepting temporary training assignments en route from Mississippi, and except that children of members of the Armed Forces who attain Mississippi residency in accordance with the above provisions, who begin and complete their senior year of high school in Mississippi, and who enroll full time in a Mississippi institution of higher learning or community/junior college to begin studies in the fall after their graduation from high school, maintain their residency status so long as they remain enrolled as a student in good standing at a Mississippi institution of higher learning or community/junior college. Enrollment during summer school is not required to maintain such resident status.

(2) The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to pay the resident tuition fee if the spouse or child becomes a resident of Mississippi within one hundred eighty (180) days of the date of death as well as entitled to receive a tuition waiver under Section 1 or 2 of this act.

(3) If a member of the Armed Forces of the United States is stationed outside Mississippi and the member's spouse or child establishes residence in Mississippi and registers with the Mississippi institution of higher learning or community/junior college at which the spouse or child plans to attend, the institution of higher education or community/junior college shall permit the spouse or child to pay the tuition, fees and other charges provided for Mississippi residents without regard to length of time that the spouse or child has resided in Mississippi.

(4) A member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to pay tuition and fees at the rate provided for Mississippi residents under another provision of this section while enrolled in a degree or certificate program is entitled to pay tuition and fees at the rate provided for Mississippi residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. A student may withdraw or may choose not to reenroll for no more than one (1) semester or term while pursuing a degree or certificate without losing resident status only if that student provides sufficient documentation by a physician that the student has a medical condition that requires withdrawal or nonenrollment. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person's eligibility to pay tuition and fees at the rate provided for Mississippi residents under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.

SECTION 4. Sections 1 and 2 of this act shall be codified as new sections in Chapter 106, Title 37, Mississippi Code of 1972.

SECTION 5. This act shall take effect and be in force from and after July 1, 2019.