House Bill 1448

AN ACT TO REQUIRE COMMUNITY AND JUNIOR COLLEGES TO WAIVE ALL TUITION AND FEES FOR STUDENTS GRADUATING FROM A MISSISSIPPI HIGH SCHOOL; TO ESTABLISH REQUIREMENTS FOR INITIAL ELIGIBILITY AND RENEWAL OF WAIVERS; TO DEFINE THE TERM "TUITION"; TO REQUIRE THE MISSISSIPPI COMMUNITY COLLEGE BOARD TO PROMULGATE RULES AND REGULATIONS FOR THE TUITION WAIVER PROGRAM; TO CREATE NEW SECTION 37-29-307, MISSISSIPPI CODE OF 1972, TO REQUIRE FUNDS SUFFICIENT TO COVER THE COST OF WAIVING THE TUITION FOR PARTICIPATING STUDENTS TO BE APPROPRIATED BY LINE ITEM IN THE COMMUNITY AND JUNIOR COLLEGES GENERAL SUPPORT BILL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) Beginning with the 2023-2024 academic year,

each public community and junior college in the state shall waive tuition for each qualified student who graduates from a Mississippi high school.

(2) In order to qualify for a waiver of tuition under this section, a student must:

(a) Be a resident of the State of Mississippi;

(b) Have graduated from a public or private high school or a home instruction program no more than two (2) years before seeking a waiver of tuition;

(c) Be enrolling in college for the first time; however, courses taken through a dual enrollment or dual credit program at a community or junior college or institution of higher learning while a student was enrolled in high school do not disqualify the student from eligibility for a waiver of tuition; and

(d) Have met the college's general eligibility requirements and been accepted for enrollment at the community or junior college.

(3) A waiver of tuition under this section may not exceed the actual cost of attendance at the community or junior college at which a student is enrolled or accepted for enrollment. If a student receives other grants, scholarships or tuition assistance, the community or junior college must reduce the amount of the waiver by such amount as may be necessary to ensure that the waiver, when combined with other forms of assistance, does not exceed the actual cost of tuition. For purposes of this section, the term "tuition" means the semester or term charges, all required fees, on-campus housing and meal-plan costs, and costs for books and materials required for classes; however, the term "tuition" does not include the cost of school supplies and dues or fees for extracurricular activities.

(4) Both full-time and part-time students are eligible for a tuition waiver under this section. A waiver granted to a full-time student may not exceed the lesser of two (2) years or the actual time required to complete the associate degree or certificate program in which the student is enrolled. A waiver granted to a part-time student may not exceed the length of time required to complete the associate degree or certificate program in which the student is enrolled.

(5) As a condition for renewal of a waiver of tuition, a student must make steady academic progress toward an associate degree or certification, as certified by the college's registrar.

(6) The Mississippi Community College Board shall promulgate rules and regulations necessary to carry out the provisions of this section.

(7) It is the intent of the Legislature that all students eligible for a waiver of tuition under this section be granted a waiver. If funding at a community or junior college is insufficient to waive the tuition for all eligible applicants at that college, the tuition must be waived for first-time students on a first-come, first-served basis; however, priority consideration must be given to students previously receiving waivers under this section who are making steady academic progress toward completion of an associate degree or certificate program.

SECTION 2. The following shall be codified as Section 37-29-307, Mississippi Code of 1972:

37-29-307. (1) Beginning with the appropriation for the 2023-2024 fiscal year, in addition to all other funding provided for the support of the community and junior colleges, the Legislature shall appropriate annually, by line item specifically for such purpose in the community and junior colleges general support bill, sufficient funding to defray the amount of funding lost by each community or junior college due to the granting of tuition waivers to eligible students, as required under Section 1 of this act.

(2) In calculating the state funding to be appropriated under subsection (1) for the fiscal year 2023-2024, the most current data reflecting the number of students enrolled in the community and junior colleges who would have been eligible for a tuition waiver in the 2022-2023 fiscal year, plus the actual cost that would have been incurred by each community or junior college in the 2022-2023 fiscal year if the college had granted waivers to those students, must be utilized to project the necessary funding. In subsequent fiscal years, the most current data reflecting the number of students who have been granted tuition waivers and the actual cost incurred by the community and junior colleges in providing tuition waivers to those students must be utilized to project the necessary funding for the succeeding fiscal year. During the fiscal year for which funds have been appropriated, the projections used for appropriation purposes must be reconciled with actual enrollment and actual costs, and any necessary adjustments must be made in the allocations to the community and junior colleges during that year of operation.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.