House Bill 350

(As Passed the House)

AN ACT TO CREATE THE "MISSISSIPPI HIGHER EDUCATION SERVICE CORPS ACT OF 2010"; TO RELIEVE THE CRITICAL NEED FOR TUTORING AND MENTORING SERVICES IN PUBLIC SCHOOLS LOCATED IN AREAS OF HIGH POVERTY BY ALLOWING COLLEGE STUDENTS TO PROVIDE SUCH SERVICES; TO PROVIDE THAT IF SUCH SERVICES ARE RENDERED, THEN COLLEGE STUDENTS MAY BE AWARDED SCHOLARSHIPS OR REPAYMENT OF STUDENT LOANS FOR AGREEING TO PROVIDE TUTORING AND MENTORING SERVICES; TO DIRECT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE STATE BOARD OF EDUCATION TO PROMULGATE RULES NECESSARY FOR THE PROPER ADMINISTRATION OF THIS ACT; TO REQUIRE THE DEPARTMENT OF EDUCATION AND THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO JOINTLY PREPARE AN ANNUAL REPORT FOR THE LEGISLATURE TO ASSESS THE IMPACT OF TUTORING AND MENTORING SERVICES BY COLLEGE STUDENTS IN PUBLIC SCHOOL DISTRICTS LOCATED IN HIGH POVERTY AREAS; TO ESTABLISH A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "MISSISSIPPI HIGHER EDUCATION SERVICE CORPS FUND" FOR THE PURPOSE OF IMPLEMENTING THIS ACT; AND FOR RELATED PURPOSES.

WHEREAS, there are many public school districts located in high poverty areas throughout the State of Mississippi that have students who are in need of tutorial and mentoring services; and

WHEREAS, in addition, there are thousands of college students who would be exposed to the teaching profession if they were given the opportunity to provide their tutoring and mentoring services to students in high poverty school districts; and

WHEREAS, by having college students serve as mentors while providing tutoring services, students in high poverty school districts will receive much needed assistance and college students will be exposed to the teaching profession; and

WHEREAS, it is the intent of the Legislature, in passing this act, to provide much needed assistance to students who attend schools located in high poverty areas while simultaneously exposing college students to the teaching profession; NOW, THEREFORE,

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Higher Education Service Corps Act of 2010."

SECTION 2. (1) There is established the "Mississippi Higher Education Service Corps Scholarship Program," the purpose of which is to assist students who attend public schools in high poverty areas by allowing college students to render tutorial and mentoring services to such students.

(2) If a college student provides tutoring and mentoring services to students who attend public schools in high poverty areas then the college student may be awarded a full scholarship or funds to repay student loans for rendering his or her services to students who are in need.

(3) Any individual who is enrolled in or accepted to any junior college, college or university in the state and who expresses in writing an intention to serve in public schools located in high poverty areas by providing tutoring and mentoring services while attending college, shall be eligible for a financial scholarship to be applied toward the costs of the individual's college education. The annual amount of the award shall be equal to the total cost for tuition, room and meals, books, materials and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, room and meals, books, materials and fees assessed by a state institution of higher learning during that school year. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.

(4) Awards granted under the Mississippi Higher Education Service Corps Scholarship Program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of awards that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain an associate or baccalaureate degree shall be established by rules and regulations jointly promulgated by the Board of Trustees of State Institutions of Higher Learning and the State Board of Education. Mississippi Higher Education Service Corps scholarships shall not be based upon an applicant's eligibility for financial aid.

(5) Awards granted under this act shall be made available to students showing a documented need for student loan repayment or a documented need for financial assistance while attending college. The maximum annual amount for loan repayment should not exceed Three Thousand Dollars ($3,000.00) and the maximum time period for repayment shall be no more than four (4) years.

(6) At the beginning of the first school year in which a recipient of a Mississippi Higher Education Service Corps scholarship receives the scholarship that person shall begin to render service as a tutor and mentor in a public school district that is located in a high poverty area. Any person who received two (2) annual awards, or who received fewer than two (2) annual awards, or the equivalent of two (2) annual awards, shall render one (1) year's service as mentor and tutor for each year that the person received a full-time student scholarship.

(7) Any person failing to complete a program of study shall become liable immediately to the Board of Trustees of State Institutions of Higher Learning for the sum of all Mississippi Higher Education Service Corps scholarship awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person abrogates his or her participation in the program. Any person failing to complete his or her mentoring and tutoring obligations, as prescribed in this section, shall become liable immediately to the board for the sum of all scholarship awards made to that person less the corresponding amount of any awards for which service has been rendered, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service, except in the case of a deferral of debt for cause by the State Board of Education when there is no employment position immediately available once a college student graduates. After the period of such deferral, the person shall begin or resume mentoring and tutoring duties as required under this section or shall become liable to the board under this subsection. If a claim for payment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(8) The obligations made by the recipient of a Mississippi Higher Education Service Corps scholarship award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.

(9) The Board of Trustees of State Institutions of Higher Learning and the State Board of Education shall jointly promulgate all rules and regulations necessary for the proper administration of the Mississippi Higher Education Service Corps Act. The Board of Trustees of State Institutions of Higher Learning shall be the administering agency of the program.

(10) If insufficient funds are available to fully fund scholarship awards to all eligible students, the Board of Trustees of State Institutions of Higher Learning shall make the awards to first-time students on a first-come, first-served basis; however, priority consideration shall be given to persons previously receiving awards under the Mississippi Higher Education Service Corps Scholarship Program.

(11) All funds received by the Board of Trustees of State Institutions of Higher Learning from the repayment of scholarship awards by program participants shall be deposited in the Mississippi Higher Education Service Corps Fund, as established in Section 3 of this act.

(12) The State Department of Education shall compile and report, in consultation with the Board of Trustees of State Institutions of Higher Learning, an annual report with findings and recommendations to the legislative committees on education by December 1, 2011, and annually thereafter, on the following:

(a) The number of participants in the Mississippi Higher Education Service Corps Program, by major, institution and by freshman, sophomore, junior and senior level;

(b) The number of individuals who completed the Mississippi Higher Education Service Corps Scholarship Program and the school where such students attended college;

(c) The number of individuals who are in default of their obligation under the Mississippi Higher Education Service Corps scholarship and the status of their obligation;

(d) The number of noneducation majors participating in the program;

(e) The number of noneducation majors who have decided to go into the teaching field as a result of being a participant in the program;

(f) The number of students served in the public school districts located in high poverty areas; and

(g) The cumulative number of hours of service rendered by the college students participating in the program.

SECTION 3. There is established in the State Treasury a special fund to be designated the "Mississippi Higher Education Service Corps Fund," into which shall be deposited those funds appropriated by the Legislature, and any other funds that may be made available, for the purpose of implementing the program established under Section 2 of this act. Money in the fund at the end of a fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund.

SECTION 4. This act shall take effect and be in force from and after July 1, 2010.