Senate Bill 2358

AN ACT TO ESTABLISH THE MISSISSIPPI GRANT PROGRAM FOR COMMUNITY AND JUNIOR COLLEGE STUDENTS IN MISSISSIPPI; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO PRESCRIBE ELIGIBILITY REQUIREMENTS FOR STUDENTS AT PUBLIC COMMUNITY AND JUNIOR COLLEGES IN MISSISSIPPI TO RECEIVE GRANTS; TO SPECIFY THAT SUCH 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 GRANT PROGRAM; TO PROVIDE THAT THE PROGRAM MAY BE FUNDED FROM THE AMOUNTS ALLOCATED TO COMMUNITY AND JUNIOR COLLEGE ATHLETIC PROGRAMS; TO PROVIDE THAT THE GRANT PROGRAM SHALL BE ADMINISTERED BY THE MISSISSIPPI COMMUNITY COLLEGE BOARD AND THE MISSISSIPPI ASSOCIATION OF COMMUNITY AND JUNIOR COLLEGES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is established the Mississippi Community/Junior College Grant Program (program). The goal of this program 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 is approved as set forth in Section 4 of this act and that if completed will award a student an associate 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 approved program at an approved college.

(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) "Grant" means a Mississippi Community/Junior College 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 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 grant program beginning July 1, 2020, and grants will be available to students beginning with the 2021-2022 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 program.

(4) A student is ineligible for a 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 a 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 a 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 a 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;

(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 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 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 to determine his/her grant eligibility.

(a) The amount of the 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. A 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 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 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 a grant; and

(b) Issue refunds to the 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 grant, no minimum number of hours of enrollment is required for eligibility for the 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 funds are awarded;

(ii) A student's eligibility for the 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 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, a 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 grant awards to eligible renewal students and then to eligible new students on a first-come, first-served basis. The funding for the 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 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 a 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 grants wrongfully obtained.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.