Senate Bill 2488

AN ACT TO ENACT THE MISSISSIPPI PROMISE SCHOLARSHIP ACT; TO REQUIRE THE MISSISSIPPI POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO ADMINISTER THE MISSISSIPPI PROMISE SCHOLARSHIP PROGRAM FOR RESIDENTS OF THIS STATE SEEKING AN ASSOCIATE'S DEGREE, CERTIFICATE OR DIPLOMA FROM AN ELIGIBLE POSTSECONDARY INSTITUTION; TO SET THE ELIGIBILITY STANDARDS; TO REQUIRE SCHOLARSHIP RECIPIENTS TO PARTICIPATE IN MENTORING AND COMMUNITY SERVICE PROGRAMS; TO REQUIRE THE BOARD TO DEVELOP THE SELECTION AND RENEWAL CRITERIA FOR STUDENTS AND SHALL HAVE THE AUTHORITY TO WORK WITH OUTSIDE ORGANIZATIONS TO DEVELOP THE MOST EFFECTIVE MEANS FOR DELIVERING THE SCHOLARSHIPS; TO PROVIDE THAT MISSISSIPPI PROMISE SCHOLARSHIP AT A MISSISSIPPI PUBLIC TWO YEAR POSTSECONDARY INSTITUTION SHALL BE THE COST OF TUITION AND MANDATORY FEES AT THE ELIGIBLE POSTSECONDARY INSTITUTION ATTENDED LESS ALL OTHER GIFT AID; TO REQUIRE THE BOARD, MISSISSIPPI DEPARTMENT OF EDUCATION, MISSISSIPPI COMMUNITY COLLEGE BOARD AND MISSISSIPPI INSTITUTIONS OF HIGHER LEARNING TO PROVIDE ASSISTANCE TO THE LEGISLATURE BY RESEARCHING AND ANALYZING DATA CONCERNING THE SCHOLARSHIP PROGRAM CREATED UNDER THIS PART, INCLUDING, BUT NOT LIMITED TO, STUDENT SUCCESS AND SCHOLARSHIP RETENTION; TO PROVIDE THAT THE "MISSISSIPPI PROMISE SCHOLARSHIP PROGRAM FUND," SHALL BE CREATED AS A SPECIAL FUND IN THE STATE TREASURY FROM WHICH THE GRANTS AUTHORIZED BY THIS ACT SHALL BE DISBURSED BY THE OFFICE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Promise Scholarship Act."

(2) As used in this section, the following terms shall have the meanings ascribed herein:

(a) "Eligible high school" means:

(i) A Mississippi public secondary school; or

(ii) A private secondary school accredited by the Mississippi Department of Education or a regional accrediting organization.

(b) "Eligible postsecondary institution" means a postsecondary institution that is (i) a Mississippi community college, or (ii) a postsecondary institution in Mississippi, public or private, which develops an eligible postsecondary program leading to an associate's degree. An eligible postsecondary institution shall be accredited by an accrediting organization, which is recognized by the United States Department of Education and the Council on Higher Education Accreditation.

(c) "Eligible program of study" means, beginning with the fall semester of the 2023-2024 academic year, a federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or associate's degree at an eligible postsecondary institution. An eligible program of study does not include courses taken at a four-year postsecondary institution prior to a student's admission in, or that were taken by a student to fulfill prerequisite requirements.

(d) "Full-time student" means a student who is enrolled in a minimum of twelve (12) semester hours. "Full-time student" includes a student with a documented learning disability who receives accommodations because of the student's disability and who is unable to take twelve (12) semester hours per semester as a direct result of the student's disability; provided, that the student takes the maximum number of semester hours that is established by the eligible postsecondary institution as feasible for the student to attempt.

(e) "Gift aid" means financial aid received from the federal Pell grant, Higher Education Legislative Plan, Mississippi Tuition Assistance Grant, Mississippi Eminent Scholars Grant or any other public or private financial aid toward tuition and other higher education expenses.

(f) "Mississippi Promise scholarship student" means a student admitted to and enrolled in an eligible program of study.

(3) The Mississippi Postsecondary Education Financial Assistance Board (the "board") shall administer the Mississippi Promise scholarship program for residents of this state seeking an associate's degree, certificate or diploma from an eligible postsecondary institution under the following terms and conditions:

(a) (i) To be eligible for the scholarship a student shall be admitted to, and enrolled full-time in, an eligible postsecondary program in the fall term following:

1. Graduation from an eligible high school;

2. Completion of high school as a Mississippi home school student; or

3. Obtaining a GED or HiSET diploma; provided, that the student obtains the GED or HiSET diploma prior to the student reaching nineteen (19) years of age.

(ii) Exceptions to initial enrollment may be made for extenuating circumstances as provided in rules promulgated by the board; and

(iii) Notwithstanding subparagraph (3)(a), if a student who graduates early from an eligible high school, or who completes high school at an eligible home school early, or who obtains a GED or HiSET diploma before the spring semester immediately preceding the student's initial fall enrollment, and the student is admitted to, and enrolled full-time in, an eligible postsecondary program, then the student is eligible for the scholarship;

(b) Students applying for the scholarship shall complete the Mississippi Promise scholarship application for their initial year of enrollment in accordance with the schedule determined by the board. Students shall complete the free application for federal student aid (FAFSA) each academic year in which they seek to receive the Mississippi Promise scholarship;

(c) To continue to receive a Mississippi Promise scholarship at an eligible two-year or four-year postsecondary institution, a student shall maintain a minimum cumulative grade point average of 2.0 as set forth in the rules promulgated by the board;

(d) Scholarship recipients shall participate in mentoring and community service programs under the rules promulgated by the board. The board shall develop the selection and renewal criteria for students and shall have the authority to work with outside organizations to develop the most effective means for delivering the scholarships. In selecting outside organizations for participation in the Mississippi Promise scholarship program, the board shall give preference to locally established entities that meet designated standards specified by the program's promulgated rules;

(e) A Mississippi Promise scholarship at a Mississippi public two-year postsecondary institution shall be the cost of tuition and mandatory fees at the eligible postsecondary institution attended less all other gift aid. Gift aid shall be credited first to the student's tuition and mandatory fees;

(f) Notwithstanding subparagraph (3)(e), the amount of the Mississippi Promise scholarship at an eligible four-year public postsecondary institution or an eligible private institution shall be the average cost of tuition and mandatory fees at the public two-year postsecondary institutions less all other gift aid. Gift aid shall be credited first to the average tuition and mandatory fees as described in subdivision (c)(5);

(g) A Mississippi Promise scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary institution may continue to receive the scholarship upon resuming the student's education at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements. The sum of all approved leaves of absence shall not exceed six (6) months, except as provided for in rules promulgated by the Board;

(h)(i) A student shall be eligible for the Mississippi Promise scholarship until the occurrence of the first of the following events:

1. The student has earned a certificate, diploma or associate's degree; or

2. The student has attended an eligible postsecondary institution as a Mississippi Promise scholarship student for five (5) semesters if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system. Such semester limit shall not include an approved leave of absence;

(ii) A student with a documented learning disability shall be eligible for the Mississippi Promise scholarship until the occurrence of the first of the following events:

1. The student has earned a certificate, diploma or associate's degree; or

2. The student has attended an eligible postsecondary institution as a Mississippi Promise scholarship student for the minimum number of semesters the eligible postsecondary institution establishes as feasible for the student to complete the course work for the certificate, diploma, or associate's degree the student is attempting to obtain, if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system. Such semester limit shall not include an approved leave of absence;

(i) To be eligible for a Mississippi Promise scholarship, a student shall maintain continuous enrollment as a full-time student in each semester while receiving the scholarship;

(j) The requirement of subparagraph (3)(i) that a Mississippi Promise scholarship student maintain continuous enrollment does not apply to a Mississippi Promise scholarship student who is on a medical or personal leave, as approved by the student's eligible postsecondary institution; and

(k) Notwithstanding the requirement of subparagraph (3)(a) and (3)(i) that a Mississippi Promise scholarship student maintain full-time enrollment, a student who does not have a documented learning disability may enroll in fewer than twelve (12) semester hours if required by the academic program in which the student is enrolled. A student with a documented learning disability shall enroll each semester in the maximum number of semester hours that is established by the eligible postsecondary institution as feasible for the student to attempt.

(4) The board is authorized to promulgate rules to establish deadlines for applications, and appeal procedures for the denial or revocation of the scholarship, and to otherwise effectuate the purposes of this part.

(5) The board, Mississippi Department of Education, Mississippi Community College Board and Mississippi Institutions of Higher Learning shall provide assistance to the Legislature by researching and analyzing data concerning the scholarship program created under this part, including, but not limited to, student success and scholarship retention. The board shall publish its findings in its annual report.

(6) There is created a special fund in the State Treasury to be known as the "Mississippi Promise Scholarship Program Fund," from which the grants authorized by this act shall be disbursed by the office. All monies shall be disbursed from the fund in compliance with the guidelines, guidance, rules, regulations and other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the American Rescue Plan Act. Unexpended amounts of any monies remaining in the fund at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any interest earned on amounts in the fund shall remain in the fund.

(7) This act shall stand repealed on July 1, 2027.

SECTION 2. This act shall take effect and be in force from and after its passage.