House Bill 755

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THE COMMUNITY AND JUNIOR COLLEGES TO APPROVE INSTITUTION SPECIFIC POLICIES PERMITTING THE WAIVER OF OUT-OF-STATE TUITION FOR STUDENTS WHO ENTER INTO AN AGREEMENT TO REMAIN A RESIDENT OF THE STATE OF MISSISSIPPI FOR A MINIMUM OF TWO YEARS AFTER RECEIVING HIS OR HER ASSOCIATE'S DEGREE; 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 enrolled in a professional school or college at a state institution of higher learning are excluded from this paragraph (2)(a) except for those nonresident students who must be charged tuition equal to the amount established under subsection (1) due to the provisions of Section 702 of the Veterans Access, Choice and Accountability Act of 2014. 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 * * *.; and

(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 * * *, in its discretion, may 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 of the institution and when the request is determined by the board to be fiscally responsible and in accordance with the educational mission of the institution. However, if such request is approved by the board of trustees of the community college district, the student receiving the waiver shall sign a binding agreement to remain a resident of the state for a period of no less than two (2) years upon completion of his or her associate's degree. If the student fails to fulfill the residency requirement post conferring of an associate's degree, he or she shall become liable for the total amount of out-of-state tuition waived, plus a penalty of five percent (5%) of the fee and any interest on the combined amount accruing at the current unsubsidized Federal Stafford loan rate at the time of breach. 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, 2020.