MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education; Universities and Colleges
By: Representatives Scott, Clark
AN ACT TO ESTABLISH THE EARLY COMMITMENT TO COLLEGE PROGRAM; TO REQUIRE A SCHOOL OR SCHOOL DISTRICT WITH FAILING OR AT-RISK OF FAILING STATUS, AS DEFINED BY THE STATE BOARD OF EDUCATION, TO BE DESIGNATED AS A COLLEGE OPPORTUNITY ZONE; TO REQUIRE THE SCHOOL OR SCHOOL DISTRICT TO PROVIDE ALL STUDENTS ENROLLED IN GRADES 6 THROUGH 9 AN OPPORTUNITY TO SIGN A "SAVE ME A SPOT IN COLLEGE" PLEDGE FOR THE PROGRAM, TO AUTHORIZE SCHOOLS OR DISTRICTS NOT HAVING THE COLLEGE OPPORTUNITY ZONE DESIGNATION TO ALLOW CERTAIN STUDENTS TO PARTICIPATE IN THE PROGRAM; TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION WITH RESPECT TO THE ADMINISTRATION OF THE PROGRAM; TO AUTHORIZE A FEE WAIVER FOR STUDENTS COMPLETING THE PROGRAM AT A PUBLIC COMMUNITY OR JUNIOR COLLEGE OR STATE INSTITUTION OF HIGHER LEARNING; TO REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE; TO AUTHORIZE CERTAIN PUBLIC AND PRIVATE ENTITIES TO COLLABORATE TO PROVIDE SUPPORT SERVICES AS NEEDED IN COORDINATION WITH LOCAL SCHOOL DISTRICTS TO EFFECTIVELY IMPLEMENT THIS ACT; TO PROVIDE FOR THE REPEAL OF THE PRECEDING PROVISIONS OF THIS ACT ON JULY 1, 2021; TO AMEND SECTION 37-157-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. It is the intent of the Legislature to establish a program to ensure early notification of and early commitment to college opportunities for students in middle school and high school and their families. It is the further intent of the Legislature that the program motivate students to stay in school, graduate from high school, take college preparatory coursework, and, if they choose to do so, seek postsecondary opportunities.
SECTION 2. The Early Commitment to College Program is
established for the purpose of accomplishing the following
goals:
(a) Increase high school completion rates, direct college-going rates, and college preparation of students attending schools with the greatest poverty and among low-income students, in general;
(b) Motivate students to prepare for college by taking college preparatory coursework, which may include career technical coursework and the course requirements for admission to any state institution of higher learning under the authority of the Board of Trustees of State Institutions of Higher Learning;
(c) Help families understand that college is attainable and affordable, that financial aid is available, and that with adequate preparation, their children can go to college if they choose to do so;
(d) Provide a clear path and direct assistance for students through middle schools, high schools, community colleges, universities, and state and federal financial aid programs, thereby improving opportunity and efficiency; and
(e) Prepare the highly skilled workforce necessary to keep Mississippi's economy competitive, maintain the income and quality of life for Mississippi residents, increase tax revenues, and provide for improved civic and democratic participation.
SECTION 3. (1) As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) "College Opportunity Zone" means a public school in a school district classified as failing or at-risk of failing as defined by the State Board of Education, which contains any of Grades 6 through 9, with the highest proportion of low-income students.
(b) "Low-income student" means a student who is eligible for free or reduced-price lunches.
(2) A school or school district in failing or at-risk of failing status is considered a College Opportunity Zone and shall provide all students enrolled in Grades 6 through 9 and their parents and guardians the opportunity to sign a "Save Me a Spot in College" pledge.
(3) A school not considered a College Opportunity Zone in a participating school district may give a student in Grades 6 through 9 who is eligible for free and reduced-price lunches and his or her parent or guardian the opportunity to sign a "Save Me a Spot in College" pledge.
(4) A school or school district shall certify that a student has completed the "Save Me a Spot in College" pledge and shall track students enrolled in the Early Commitment to College program by recording and reporting participation and outcome data as directed by the State Department of Education.
(5) Any school that has students who are eligible for free or reduced-price lunches in the National School Lunch Program may participate in the Early Commitment to College program.
SECTION 4. The State Department of Education shall perform the following duties and responsibilities:
(a) Identify schools as College Opportunity Zones;
(b) Develop the "Save Me a Spot in College" pledge, which must include the commitments made by the student and the major postsecondary and financial aid opportunities provided by the state. The pledge must contain all of the following assurances:
(i) A student who signs the pledge and enrolls in the Early Commitment to College program, in the same manner as all other students, may: continue his or her postsecondary education at a campus of a Mississippi public community or junior college in pursuit of a career technical education or an associate degree, or in preparation to transfer to a four-year state institution of higher learning; or, if he or she meets the admission requirements and applies for admission, continue his or her education at a state institution of higher learning; and
(ii) A student who signs the pledge must receive, upon enrollment at a public community or junior college or state institution of higher learning, a fee waiver under the Tuition Assistance Program under Section 37-157-1 for two (2) or more years of enrollment at a public community or junior college or state institution of higher learning, as long as the student is a Mississippi resident and continues to show financial need on a completed Free Application for Federal Student Aid;
(c) Consult with the State Board for Community and Junior Colleges and the Board of Trustees of State Institutions of Higher Learning, presidents of the state institutions of higher learning and community and junior colleges, and independent colleges and universities in developing the pledge, letter and supporting materials, including a method for participating school districts to notify the postsecondary educational institutions in their service area that the local school district is participating in the program and seeking partnerships with postsecondary educational institutions and others to plan and conduct activities to implement the program;
(d) Determine the form of recognition for a student who has been certified by his or her school district as having fulfilled the requirements of the pledge set forth under subsection (4) of Section 3 of this act;
(e) Develop a method by which participating schools shall record and report participation in, and outcome data of, the Early Commitment to College program to the State Department of Education, as required under subsection (4) of Section 3 of this act;
(f) Develop a letter addressed to students enrolled in Grades 6 through 9 and their parents or guardians, signed by the State Superintendent of Public Education and the superintendent of the local school district, which describes the major steps to prepare for college, including postsecondary career technical education, and the major postsecondary and financial aid opportunities available to students in Mississippi;
(g) Develop a second letter, signed by the State Superintendent of Public Education and the superintendent of the local school district, directed to students eligible to sign the pledge under Section 3 of this act, and their
parents or guardians, which details the Early Commitment to College Program, including the pledge, in addition to the information in the letter directed to all students in Grades 6 through 9; and
(h) Make both letters and information on the Early Commitment to College program available on the department's website and require each school district to distribute the letters, as appropriate, through existing means to all students and their parents.
SECTION 5. (1) A student who signs a pledge declares a commitment to prepare for college, finish high school and enroll in college and commits to:
(a) Meeting all graduation requirements to finish high school in Mississippi;
(b) Enrolling in college preparatory coursework, which may include career technical coursework and the course requirements for admission to a public community or junior college or state institution of higher learning;
(c) Seeking to achieve proficiency in mathematics, reading and writing in English, as demonstrated by results on the statewide assessment testing required under Section 37-16-3. Students attending nonpublic schools that do not participate in the statewide assessment testing must seek to achieve proficiency in mathematics, reading and writing in English, as demonstrated by results on other assessments of college-level readiness;
(d) Completing and filing a Free Application for Federal Student Aid and submitting his or her grade point average to the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges before March 2 of his or her senior year; and
(e) Meeting application and other requirements for university admission or enrolling directly in a community or junior college within twelve (12) months after high school graduation.
(2) School districts that choose to participate in the Early Commitment to College Program must provide information and services, through existing programs to students, not exclusive of those who sign the pledge, through their middle school and high school years. These services must include the following:
(a) At the time of enrollment, each student receives a certificate of participation in the Early Commitment to College Program with his or her name and bearing the signature of the State Superintendent of Public Education and the superintendent of the local school district;
(b) Participating students receive a booklet of college information providing more specific information about eligibility requirements, preparation steps and other pertinent information;
(c) Transcript review and academics assessment, leading to course planning for the student at the time of enrollment in the Early Commitment to College program and annual reporting to the student and his or her parent or guardian on how he or she is performing relative to state standards and other benchmarks;
(d) Each student receives information about the Student Tuition Assistance Trust Fund, created under Section 37-157-3, at the time of enrollment;
(e) Each student participates in a visit to at least one (1) community or junior college, including, but not limited to, exposure to career technical education and transfer programs, and, where geographically feasible, at least one (1) state institution of higher learning in Grade 9 or 10;
(f) Each student receives information on college admissions tests in Grade 11;
(g) Each student receives information on college admission and community or junior college enrollment procedures in Grade 12;
(h) Each student receives information on the financial aid application process, including, but not limited to, the Free Application for Federal Student Aid and grade point average verification in Grade 12; and
(i) Each student receives information communicating that a student who has signed the pledge and transfers out of a designated school or school district, may not receive the recognition set forth in Section 4(d), unless he or she attends another school district that is considered a College Opportunity Zone and is participating in the program. The new school district may obtain the student's record of participation in the program from the original school district or the student may request to sign the pledge again, including after Grade 9, only if he or she provides documentation that he or she was enrolled in the program in his or her original school district.
SECTION 6. (1) The Legislature authorizes the State Department of Education, the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges, independent colleges and universities and other nonprofits, businesses or other community organizations to provide support services as needed in coordination with local school districts.
(2) Nothing in this act prohibits state institutions of higher learning and private institutions of higher education from maintaining existing or entering into new supplemental agreements with school districts and their students to offer a guarantee of admission, supplemental services, supplemental financial aid or other opportunities for alignment of prerequisites or curriculum.
SECTION 7. (1) Before November 1, 2019, the State Department of Education shall submit to the Legislature a report on the status of the program, including, but not limited to, the following:
(a) The number of school districts and students participating in the program.
(b) The number of participating students who fulfilled the requirements of the pledge created under this act.
(c) Any relevant outcome data reported by local school districts to the State Department of Education under subsection (4) of Section 3 of this act.
(2) As part of this report, the department shall provide a
recommendation on whether the program should be continued.
SECTION 8. The provisions of Sections 1 through 8 of this act shall stand repealed on July 1, 2021.
SECTION 9. Section 37-157-1, Mississippi Code of 1972, is amended as follows:
37-157-1. (1) The tuition at any institution of higher education in the state shall be paid by the state on behalf of any student who enrolls in such a school to pursue an academic undergraduate degree, who applies for the payment thereof, and who meets all of the following qualifications:
(a) Actual residence in Mississippi during the twenty-four (24) months immediately preceding university enrollment. For the purposes of this paragraph, residency shall be demonstrated by proof of the following as required by the administering agency:
(i) If registered to vote, being registered in Mississippi.
(ii) If licensed to drive a motor vehicle, being in possession of a Mississippi driver's license.
(iii) If owning a motor vehicle located within Mississippi, being in possession of Mississippi registration for that vehicle.
(iv) If earning an income, having filed a Mississippi state income tax return and having complied with state income tax laws and regulations.
(b) Having a parent or guardian who is a domiciliary of Mississippi.
(c) Graduation from high school within the two (2) years preceding the application with a minimum cumulative grade point average of 2.5 calculated on a 4.0 scale.
(d) Successful completion of seventeen and one-half (17-1/2) units of high school course work (Grade 9 level or higher) which constitutes a core curriculum and meets standards for admission to the desired college or university. The core curriculum is defined as follows:
(i) English I, II, III and IV (four (4) units).
(ii) Algebra I and II (two (2) units).
(iii) Geometry, Trigonometry, Calculus or comparable Advanced Mathematics (one (1) unit).
(iv) Biology (one (1) unit).
(v) Chemistry (one (1) unit).
(vi) Earth Science, Environmental Science, Physical Science, Biology II, Chemistry II or Physics (one (1) unit).
(vii) American History (one (1) unit).
(viii) World History, World Cultures, Western Civilization or World Geography (one (1) unit).
(ix) Civics and/or Economics (one (1) unit).
(x) Fine Arts Survey (one (1) unit; or substitute two (2) units of performance courses in music, dance or theater; or substitute two (2) units of studio art courses).
(xi) Foreign Language (two (2) units in a single language).
(xii) Computer Science, Computer Literacy or Data Processing (one-half (1/2) unit).
(xiii) Electives from the above (one (1) unit).
(e) Having a composite score on the American College Test of at least twenty (20) on the 1989 version or an equivalent concordant value on an enhanced version of such test.
(f) Having no criminal record, except for misdemeanor traffic violations.
(g) Being in financial need.
(2) For purposes of this section:
(a) "Institution of higher education" shall mean any of the following institutions of higher learning or community or junior colleges located in Mississippi: Alcorn State University, Delta State University, Jackson State University, Mississippi State University, Mississippi University for Women, Mississippi Valley State University, University of Mississippi, University of Southern Mississippi, Coahoma Community College, Copiah-Lincoln Community College, East Central Community College, East Mississippi Community College, Hinds Community College, Holmes Community College, Itawamba Community College, Jones County Junior College, Meridian Community College, Mississippi Delta Community College, Mississippi Gulf Coast Community College, Northeast Mississippi Community College, Northwest Mississippi Community College, Pearl River Community College, Southwest Mississippi Community College, Belhaven University, Blue Mountain College, Millsaps College, Mississippi College, Rust College, Tougaloo College, William Carey University and Magnolia Bible College * * *.
(b) "Tuition" shall mean the semester or trimester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students. However, for a two-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the two-year public institutions of higher education defined in paragraph (a), and for a four-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the four-year public institutions of higher education defined in paragraph (a).
(3) The tuition at any institution of higher education in the state shall be paid by the state on behalf of any student who enrolls in such a school to pursue an academic undergraduate or associate degree, who applies for the payment thereof, and who meets the qualifications enumerated in paragraphs (a), (b), (f) and (g) of subsection (1) but who fails to meet one (1) of the particular requirements established by paragraph (c), (d) or (e) of subsection (1) by an amount of ten percent (10%) or less, or who meets the requirements of Sections 1 through 8 of this act.
(4) To maintain continued state payment of tuition, once enrolled in an institution of higher education, a student shall meet all of the following requirements:
(a) Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic period requiring such enrollment;
(b) Maintain continuous enrollment for not less than two (2) semesters or three (3) quarters in each successive academic year, unless granted an exception for cause by the administering agency;
(c) Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average as evaluated at the end of each academic year;
(d) Have no criminal record, except for misdemeanor traffic violations; and
(e) Be found to be in financial need.
(5) The provisions of this chapter shall be administered by the Board of Trustees of State Institutions of Higher Learning in conjunction with the State Board for Community and Junior Colleges. The board may provide by rule for all matters necessary for the implementation of this chapter.
(6) By rule, the board shall provide for:
(a) A mechanism for informing all students of the availability of the assistance provided pursuant to this chapter early enough in their schooling that a salutary motivational effect is possible.
(b) Applications, forms, financial audit procedures, eligibility and other program audit procedures and other matters related to efficient operation.
(c) A procedure for waiver through the 1996-1997 academic year of the program eligibility requirement for successful completion of a specified core curriculum upon proper documentation by the applicant that failure to comply with such requirement is due solely to the fact that the required course or courses were not available to the applicant at the school attended.
(7) An applicant shall be found to be in financial need if:
(a) The family has one (1) child under the age of twenty-one (21), and the two-year average annual adjusted gross income of the family is less than Thirty-six Thousand Five Hundred Dollars ($36,500.00); * * *
(b) The family has a two-year average annual adjusted gross income of less than Thirty-six Thousand Five Hundred Dollars ($36,500.00) plus Five Thousand Dollars ($5,000.00) for each additional child under the age of twenty-one (21);
The two-year average annual adjusted gross income of the family shall be verified by Internal Revenue Service returns or by certified affidavits in cases of income that cannot be verified by such returns; or
(c) The applicant meets the requirements of Sections 1 through 8 of this act.
As used in this subsection, the term "family" for an unemancipated applicant means the applicant, the applicant's parents, and other children under age twenty-one (21) of the applicant's parents. The term "family" for an emancipated applicant means the applicant, an applicant's spouse, and any children under age twenty-one (21) of the applicant and spouse.
(8) An appropriation of funds may annually be made to the board sufficient to cover, in addition to any other available funds, the costs of tuition required to be paid, both initial and continuing, for the coming academic year. All such payments shall be made directly to the institution to which such tuition is due after notice to the school that the state shall pay the tuition of a student and after notice from the school that the student has actually enrolled.
(9) The board may seek, accept and expend funds from any source, including private business, industry, foundations and other groups as well as any federal or other governmental funding available for this purpose.
(10) No student shall receive a grant pursuant to this chapter in an amount greater than the tuition charged by the school. The student must apply for a federal grant prior to receiving state funds.
SECTION 10. This act shall take effect and be in force from and after July 1, 2012.