House Bill 1484

AN ACT TO WAIVE THE COST OF TUITION AT ANY PUBLIC COMMUNITY OR JUNIOR COLLEGE FOR CERTAIN FOSTER OR ADOPTED CHILDREN OR WARDS OF THE STATE, SUBJECT TO CERTAIN CONDITIONS; TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES, UPON THE REQUEST OF A COMMUNITY OR JUNIOR COLLEGE, TO CONFIRM THE ELIGIBILITY OF THOSE STUDENTS SEEKING TO PARTICIPATE IN THE WAIVER PROGRAM; TO REQUIRE STUDENTS TO COMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID TO DETERMINE THE LEVEL OF NEED AND ELIGIBILITY FOR STATE AND FEDERAL FINANCIAL AID PROGRAMS; TO ESTABLISH THE REQUIREMENTS FOR ELIGIBILITY; TO REQUIRE THE DEPARTMENT AND THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO MAKE REPORTS TO THE LEGISLATURE ON CERTAIN COMPONENTS OF THE TUITION WAIVER PROGRAM; TO REQUIRE THE BOARD TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature of the State of Mississippi finds and declares that it is in the best interests of the state to support adults who adopt and provide foster care for children in the custody of the state. The Legislature recognizes that a child whose care, custody and control has been assumed by the state is a special ward of the state and faces particular challenges in pursuing higher education. Because it is the intent of the Legislature to support adoption, foster parenting and educational advancement, the purpose of this act is to provide postsecondary education advancement opportunities for foster children, adopted children and those who are wards of the state.

SECTION 2. (1) As used in this act, the following words have the meanings ascribed in the section, unless the context requires otherwise:

(a) "Foster child" means a person under the age of twenty-one (21) years who has been placed in the legal custody of the Department of Human Services and who resides in the home of a state certified caregiver.

(b) "Adopted child" means a person under the age of twenty-one (21) years for whom all the rights and responsibilities for parenting have been removed from the biological parents and permanently transferred to another.

(c) "Ward of the state" means a person under the age of twenty-one (21) years who has been placed in the legal custody of the Department of Human Services for any purposes specified in Sections 43-15-15 and 43-27-101, or who is placed in residential child care.

(d) "Tuition" means the charges imposed by a public community or junior college for enrollment at the institution, which includes charges for registration and all fees required as a condition of enrollment.

(e) "Department" means the Department of Human Services.

SECTION 3. (1) Tuition and mandatory student fees for any associate degree program of any public community or junior college shall be waived for a Mississippi foster or adopted child or ward of the state who is a full-time or part-time student at a public community or junior college if the student meets all entrance requirements and maintains academic eligibility with a 2.25 cumulative grade point average on a 4.0 scale while enrolled, and if:

(a) The student is currently in the custody of the Department of Human Services and has been placed in foster care or residential child care;

(b) The student is an adopted child and meets the eligibility criteria of this paragraph and lives outside of Mississippi at the time of application to a Mississippi public community or junior college may apply for the waiver up to the amount of tuition for a Mississippi resident; or

(2) Upon request of the public community or junior college, the department shall confirm the eligibility status under subsection (1) of this section of students seeking to participate in the waiver program. Release of this information shall not constitute a breach of confidentiality required by Sections 43-21-57 and 43-47-7.

(3) The student shall complete the Free Application for Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs. If the sum of the tuition waiver plus other student financial assistance, except loans and the work study program under 42 USCS Sections 2751 through 2756b, from all sources exceeds the student's total cost of attendance, as defined in 20 USCS Section 1087ll, the tuition waiver shall be reduced by the amount exceeding the total cost of attendance.

(4) The student shall be eligible for the tuition waiver:

(a) For entrance to the institution for a period of no more than four (4) years after the date of graduation from high school or receipt of a General Education Diploma (GED);

(b) For a period of three (3) years after first admittance to any public community or junior college if satisfactory progress is achieved or maintained; and

(5) The department shall report the number of students participating in the tuition waiver program on January 1 of each year to the State Board for Community and Junior Colleges and to the Legislature.

(6) The State Board for Community and Junior Colleges shall report nonidentifying data on graduation rates of students participating in the tuition waiver program by January 1 of each year to the Legislature.

(7) Nothing in this section shall be construed to:

(a) Guarantee acceptance at or entrance into any postsecondary institution for a foster or adopted child or ward of the state;

(b) Limit the participation of a student who is a foster child, adopted child or ward of the state in any other program of financial assistance for postsecondary education;

(d) Restrict any public community or junior college or the department from accessing other sources of financial assistance, except loans, that may be available to a student who is a foster child, adopted child or ward of the state.

(8) The State Board for Community and Junior Colleges shall promulgate rules and regulations necessary for the proper administration of the tuition waiver authorized by this section.

SECTION 4. This act shall take effect and be in force from and after July 1, 2012.