MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Universities and Colleges

By: Senator(s) Parker, Dearing

Senate Bill 2618

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NONRESIDENT STUDENTS OF PROFESSIONAL SCHOOLS OR COLLEGES AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING SHALL NOT RECEIVE THE OUT-OF-STATE TUITION WAIVER FOR VETERANS WITH EXCEPTIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-103-25, Mississippi Code of 1972, is amended as follows:

     37-103-25.  (1)  The Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.

     (2)  Except as otherwise provided in this subsection and subsections (3) and (4) of this section, the total tuition to be paid by residents of other states shall not be less than the average cost per student from appropriated funds.  However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:

          (a)  The nonresident student is either a veteran, as defined by Title 38 of the United States Code, or a person entitled to education benefits under Title 38 of the United States Code.  Nonresident students of professional schools or colleges at state-supported institutions of higher learning shall be exempt from this paragraph (a), except in the case where a nonresident student is covered by Section 702 of the federal Veterans Access, Choice and Accountability Act of 2014.  The tuition for nonresident students covered by Section 702 of the Veterans Access, Choice and Accountability Act of 2014 shall, in all cases, be the tuition established under subsection (1).  This paragraph (a) shall be administered and interpreted in the manner necessary to obtain or retain approval of courses of education by the Secretary of the United States Department of Veterans Affairs;

          (b)  The nonresident student is an evacuee of an area affected by Hurricane Katrina or Hurricane Rita.  This waiver shall be applicable to the 2005-2006 school year only; or

          (c)  The nonresident student's out-of-state tuition was waived according to subsection (3) or (4) of this section.

     (3)  The Board of Trustees of State Institutions of Higher Learning may, in its discretion, consider and grant requests to approve institution specific policies permitting the waiver of out-of-state tuition when such an official request is made by the president or chancellor of the institution and when such request is determined by the board to be fiscally responsible and in accordance with the educational mission of the requesting institution.

     (4)  The board of trustees of any community college or junior college may develop and implement a policy for waiving out-of-state tuition for the college if the policy is determined by the board to be in accordance with the educational mission of the college and if a local industry or business or a state agency agrees to reimburse the college for the entire amount of the out-of-state tuition that will be waived under the policy.  State funds shall be allocated and spent only on students who reside within the State of Mississippi.  However, associate degree nursing students who reside outside the State of Mississippi may be counted for pay purposes.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.