MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Universities and Colleges; Appropriations
By: Senator(s) Michel
AN ACT TO ESTABLISH THE MISSISSIPPI HELPING OUTSTANDING PUPILS EDUCATIONALLY (MHOPE) SCHOLARSHIP PROGRAM FOR COMMUNITY AND JUNIOR STUDENTS IN MISSISSIPPI; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO PRESCRIBE THE MHOPE GRANT ELIGIBILITY REQUIREMENTS FOR STUDENTS AT PUBLIC COMMUNITY AND JUNIOR COLLEGES IN MISSISSIPPI; TO DESCRIBE CERTAIN STUDENTS WHO ARE INELIGIBLE FOR MHOPE GRANTS; TO SPECIFY THAT MHOPE GRANTS MAY BE APPLIED ONLY TO TUITION AND FEES NOT COVERED BY A FEDERAL GRANT; TO AUTHORIZE THE MISSISSIPPI POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO PROMULGATE RULES AND REGULATIONS GOVERNING THE MHOPE PROGRAM; TO PROVIDE THAT THE MHOPE PROGRAM MAY BE FUNDED FROM THE AMOUNTS ALLOCATED TO COMMUNITY AND JUNIOR COLLEGE ATHLETIC PROGRAMS; TO PROVIDE THAT COMMUNITY AND JUNIOR COLLEGE ATHLETIC PROGRAMS SHALL BE FUNDED FROM NONPUBLIC SOURCES FROM AND AFTER JULY 1, 2022; TO PROVIDE FOR A PHASEOUT OF STATE GENERAL FUND SUPPORT FOR COMMUNITY COLLEGE ATHLETIC PROGRAMS AND TO PROHIBIT THE USE OF STATE APPROPRIATIONS FOR COMMUNITY AND JUNIOR COLLEGE ATHLETIC PROGRAMS FROM AND AFTER JULY 1, 2022; TO AMEND SECTION 37-29-429, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is established the Mississippi Helping Outstanding Pupils Educationally Scholarship Program (MHOPE or program). The goal of MHOPE is to provide, subject to appropriation for this purpose, tuition assistance grants to eligible students attending eligible state community and junior colleges.
(2) The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Approved program" means a curriculum of study that if completed will award a student an Associate of Applied Science degree, a career certificate, or a technical certificate.
(b) "Certificate" means a credential, other than a degree, indicating satisfactory completion of training in a program of study offered by an approved college.
(c) "Approved college" or "college" means any public community or junior college in Mississippi under the jurisdiction of the Mississippi Community College Board.
(d) "Eligible applicant or eligible student" means an individual who completes an application by the published application deadline for this student financial assistance program, meets all initial or continuing eligibility requirements for the program and enrolls in an approved college for the given program.
(e) "First-time in college student" means an individual who has no prior enrollment and attendance at any postsecondary institution for undergraduate courses. However, postsecondary academic credit earned prior to or during the summer immediately after receiving a high-school diploma, or while dually enrolled in secondary and postsecondary educational institutions, or while enrolled in the early admission program of a postsecondary institution shall not be considered when determining if a student is enrolling for the first time.
(f) "MHOPE grant" or "grant" means a Mississippi Helping Outstanding Pupils Educationally grant for education awarded in accordance with this section.
(g) "Resident" shall be defined and determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, with the exception of Section 37-103-17.
(3) The MHOPE grant program will be administered by the Mississippi Postsecondary Education Financial Assistance Board. The board will set the dates and deadlines for applying for a grant under this program. The board shall advertise the availability of the MHOPE grant program beginning July 1, 2018, and MHOPE grants will be available to students beginning with the 2019-2020 academic year. The board shall approve grants to Mississippi students who meet the applicable requirements for student eligibility as provided in this section. The board may promulgate any rules and regulations not inconsistent with this act to carry out the purposes and intent of the MHOPE program.
(4) A student is ineligible for an MHOPE grant if the student:
(a) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements;
(b) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student;
(c) Is in default on a federal Title IV educational loan or a State of Mississippi educational loan, except that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain an MHOPE grant for future academic terms but not retroactively;
(d) Owes a refund on a federal Title IV student financial aid program or a Mississippi student financial aid program, except that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain an MHOPE grant for future academic terms but not retroactively;
(e) Has been convicted of a felony offense;
(f) Is incarcerated;
(g) Has earned a baccalaureate degree from any institution of higher learning; or
(h) Does not meet each qualification listed in subsection (5) of this section applicable to the student.
(5) To be eligible for an MHOPE grant, a student must:
(a) Be a member of a Mississippi family whose prior year adjusted gross income (AGI) exceeds the maximum allowed to qualify for Pell Grant eligibility and campus-based federal aid;
(b) Have completed a secondary education as demonstrated by:
(i) Graduation from a high school verified by the approved college before disbursement of award with a minimum grade point average of 2.0 calculated on a 4.0 scale after seven (7) semesters as certified by the high-school counselor or other authorized school official on the application;
(ii) Receipt of the High School Equivalency Diploma;
(iii) Attendance at a home education program during grade levels 9 through 12; or
(iv) Successful completion of the International Baccalaureate Program;
(c) Be admitted for enrollment at any approved college;
(d) Have minimum score of fifteen (15) on the ACT test if the student enrolls in an approved program that includes courses of academic study. Any student who enters a career or technical certificate program will not be required to have a test score under the ACT unless the student enrolls in courses of academic study; and
(e) Be a first-time in college student.
(6) To be eligible for a renewal MHOPE grant, a student must:
(a) Make steady academic progress toward a certificate or degree, as outlined in the school Satisfactory Academic Progress Standards and as certified by the college's registrar;
(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 board. Examples of cause may include student participation in a cooperative program, internship program or foreign study program. If a student fails to maintain continuous enrollment, and is not granted an exception for cause by the administering board, the student is ineligible to receive the MHOPE grant during the following semester or trimester or term of the regular academic year; and
(c) Have a cumulative grade point average of at least 2.0 calculated on a 4.0 scale at the end of each semester or trimester or term.
(7) Students must annually complete a Free Application for Federal Student Aid form or a Statement of Certification as designed by the board to determine his/her MHOPE grant eligibility.
(a) The amount of the MHOPE grant awarded to each student shall not exceed the difference between the student's cost of tuition, fees, books and educational materials at an approved college and the amount of federal and state financial aid the student may receive. An MHOPE grant will be a last-dollar scholarship that will not supplant the amount of any federal and state financial aid awarded to the student.
(b) Payment of the MHOPE grant shall be made payable to the student and the approved college and mailed directly to the college, to be applied first to tuition.
(8) For an approved college to remain eligible for its students to participate in the MHOPE program, the college shall:
(a) Submit to the board a complete and accurate roster of the eligibility status of each awarded student for each term, semester or quarter of the academic year the student receives an MHOPE grant; and
(b) Issue refunds to the MHOPE Program Fund for any amounts which have not been disbursed to recipient students, in the case of students who have received grants but who terminate enrollment during the academic term, semester or quarter of the academic year if the college's refund policies permit a student to receive a refund in such instance. The recipient student shall be responsible for the refund of any funds which have been disbursed by the approved college in such instance.
(9) (a) Except as otherwise provided in subparagraphs (i) and (ii) of this paragraph, for students eligible for the MHOPE grant, no minimum number of hours of enrollment is required for eligibility for the MHOPE grant.
(i) The certificate or degree program that a student is attempting shall be completed within three (3) years, beginning with the first term for which MHOPE funds are awarded;
(ii) A student's eligibility for the MHOPE grant expires if the student has a break in enrollment at an approved college of more than twelve (12) months, except for any break-in enrollment caused by military service.
(b) Except as set out in subparagraphs (i) and (ii) of this paragraph, a student may receive the MHOPE grant until the first of these events:
(i) The student has earned a certificate or diploma; or
(ii) The student has attempted at any institution of higher learning or community/junior college a total of sixty (60) semester hours.
(10) Subject to the availability of funds, an MHOPE grant awarded under this section shall not exceed Three Thousand Dollars ($3,000.00) for any academic year. Grant awards shall be prorated among all eligible students. It is the intent of the Legislature to fund MHOPE grant awards to eligible renewal students and then to eligible new students on a first-come, first-served basis. The funding for the MHOPE grant awards shall be subject to annual appropriations enacted by the Legislature which shall establish the total amount of funding for such grants. At the end of the fiscal year, any unexpended balances appropriated by the Legislature for the implementation or administration of the MHOPE program shall not lapse into the State General Fund, but shall carry over and be available for expenditure in the succeeding fiscal year, subject to appropriation therefor by the Legislature.
(11) By accepting an MHOPE grant, the student is attesting to the accuracy, completeness and correctness of information provided to demonstrate the student's eligibility. Falsification of such information shall result in the denial of any pending grant and revocation of any award currently held to the extent that no further payments shall be made. Any student knowingly making false statements in order to receive a grant shall be guilty of a misdemeanor punishable, upon conviction thereof, by a fine of up to Ten Thousand Dollars ($10,000.00), a prison sentence of up to one (1) year in the county jail, or both, and shall be required to return all MHOPE grants wrongfully obtained.
SECTION 2. (1) From and after July 1, 2018, the State General Funds appropriated to community and junior colleges for athletic programs shall not exceed the amount expended by community and junior colleges from State General Funds during the 2017 Fiscal Year.
(2) From and after July 1, 2018, and for the next three (3) years thereafter, the State General Funds appropriated for athletic programs to community and junior colleges shall be reduced as follows:
(a) A ten percent (10%) reduction in the amount appropriated in Fiscal Year 2017 shall be applied in Fiscal Year 2019;
(b) A thirty percent (30%) reduction in the amount appropriated in Fiscal Year 2017 shall be applied in Fiscal Year 2020;
(c) A thirty percent (30%) reduction in the amount appropriated in Fiscal Year 2017 shall be applied in Fiscal Year 2021; and
(d) A thirty percent (30%) reduction in the amount appropriated in Fiscal Year 2017 shall be applied in Fiscal Year 2022.
The amount by which the appropriation is reduced shall be deposited to the Mississippi Helping Outstanding Pupils Educationally Scholarship Program Fund established under subsection (4) of this section.
(3) From and after July 1, 2022, no public funds of this state shall be allocated to any community or junior college if the expenditure of public funds is for the purpose of maintaining, supporting or defraying any cost of the community or junior college's athletic program and any fields and necessary facilities connected therewith. It is the intent of the Legislature that community and junior college athletic programs shall be supported by funds, grants, donations or gifts from private sources, and boards of trustees of community colleges shall be authorized to request and receive funds from such private sources for athletic programs.
(4) There is established in the State Treasury a special fund to be known as the Mississippi Helping Outstanding Pupils Educationally Scholarship Program Fund, which shall be comprised of the funds specified in subsection (2) of this section and any other funds that are authorized or required to be deposited into the special fund.
(5) The Legislature shall annually appropriate the funds in the special fund to the Postsecondary Education Financial Assistance Board, which shall expend the funds solely for the purposes specified in Section 1 of this act. None of the funds in the special fund shall be transferred to any other fund or appropriated or expended for any other purpose.
(6) All income from the investment of the funds in the special fund shall be credited to the account of the special fund. Any funds in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 3. Section 37-29-429, Mississippi Code of 1972, is amended as follows:
37-29-429. When the Board
of Trustees of the Mississippi Gulf Coast Junior College District shall
determine that it is necessary to procure additional funds by issuance of bonds
for the purpose of making capital outlays for the construction and equipping of
buildings, * * * other structures, and related facilities, or for making
repairs or providing funds for use in conjunction with funds provided by or
available from any governmental, public or private source by loan, donation,
matching program or grant, it may adopt a resolution declaring the necessity
for said funds, that the same are unavailable from other sources and declare
the purpose for which said funds are required and to be expended which purposes
may, in addition to the foregoing, include any and all of the purposes for
which school district bonds may be issued. In its said resolution the board of
trustees shall determine and adjudge that the said bonds when issued will not
result in the imposition on the property of the district of an indebtedness of
more than five percent (5%) of the assessed valuation of the taxable
property in the junior college district for junior college purposes, according
to the latest completed assessment for taxation, shall specify the maximum
amount in which said bonds may be issued, give the general proposed schedule of
maturities and the details with respect to said bonds. In all matters where
not otherwise herein provided the said bonds shall conform to the provisions of
law governing school district bonds. Upon request of the board of trustees the
clerk of the chancery court of each county shall furnish his certificate
showing the totals of the latest completed assessment for taxation of all
taxable property of the county, including motor vehicles.
Said resolution may call upon the boards of supervisors of the several counties to require an election to be called to determine whether or not the said bonds shall be issued or it may, in the discretion of said board of trustees, determine to issue the said bonds unless protest shall be filed and an election called pursuant thereto as set out in Section 37-29-431. In the event that the board of trustees shall determine to cause an election to be called as above mentioned, the election shall be held and the results thereof ascertained and given effect in the manner as is set out in Section 37-29-431 and provided for in cases where an election is called upon the petition of twenty percent (20%) of the qualified electors of the county.
Prior to its resolution determining to issue said bonds or call an election thereon, the board of trustees of the junior college district shall inform the board of supervisors of each of the counties of its proposal and may be required, by the board of supervisors of any county, to cause to be made a survey, by one or more impartial experts, of the building needs of the district, setting out the same in the order of priority. If such a survey has been conducted within the past twenty-four (24) months a new one shall not be required but the board of supervisors for the several counties shall be furnished with copies of the survey.
SECTION 4. This act shall take effect and be in force from and after July 1, 2018.