Senate Bill 2233

AN ACT TO AMEND SECTION 37-109-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STUDENTS OF PRIVATE HIGH SCHOOLS SHALL BE ELIGIBLE FOR THE MISSISSIPPI DUAL ENROLLMENT/DUAL CREDIT SCHOLARSHIP PROGRAM; TO BRING FORWARD SECTION 37-109-1, 37-109-3, 37-109-7, AND 37-109-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR VARIOUS PROVISIONS RELATED TO THE DUAL ENROLLMENT/DUAL CREDIT SCHOLARSHIP PROGRAM FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-109-1, Mississippi Code of 1972, is brought forward as follows:

37-109-1. Sections 37-109-1 through 37-109-9, Mississippi Code of 1972, shall be known and may be cited as the "Mississippi Dual Enrollment/Dual Credit Scholarship Program Act of 2023."

SECTION 2. Section 37-109-3, Mississippi Code of 1972, is brought forward as follows:

37-109-3. There is hereby created the Mississippi Dual Enrollment/Dual Credit Scholarship Program, to be administered by the Mississippi Postsecondary Education Financial Assistance Board established under Section 37-106-9. The board shall set the dates and deadlines for applying for funding for dual enrollment/dual credit courses of eligible Mississippi high school students under the provisions of Sections 37-109-1 through 37-109-9 and award scholarships to participating institutions for those who meet the eligibility requirements provided herein.

SECTION 3. Section 37-109-5, Mississippi Code of 1972, is amended as follows:

37-109-5. As used in this chapter, the following terms shall have the meaning ascribed in this section, unless the context clearly requires otherwise:

(a) "Institution" means any postsecondary educational institution that is a public state-supported institution of higher learning, a public state-supported community or junior college, or any not-for-profit private institution of higher learning in the state. The term does not include proprietary colleges or universities.

(b) "Student" means a high school student in a private school, public school or charter school program in Mississippi.

(c) "Board" means the Mississippi Postsecondary Education Financial Assistance Board established in Section 37-106-9, which is authorized and empowered to administer the provisions of Title 37, Chapter 106, Mississippi Code of 1972.

(d) "Director" means the individual designated by the Board of Trustees of State Institutions of Higher Learning to administer the provisions of the various financial assistance programs by promulgating the necessary rules and regulations for their effective administration.

(e) "Dual enrolled student" means a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school, as defined in Section * * * ~~37‑15‑37~~ 37-15-38(1)(a).

(f) "Dual credit student" means a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school and who is receiving high school and college credit for postsecondary coursework, as defined in Section 37-15-38(1)(b).

(g) "Manual" means the procedures manual for the State of Mississippi Dual Enrollment and Accelerated Programs of which the contents of the manual are evaluated and approved by the academic officers of both the Mississippi Association of Community Colleges and the Mississippi Institutions of Higher Learning.

(h) "Program" means the Mississippi Dual Enrollment/Dual Credit Scholarship Program.

SECTION 4. Section 37-109-7, Mississippi Code of 1972, is brought forward as follows:

37-109-7. (1) (a) For institutions to be eligible for participation in the program, the institution shall adhere to the guidelines prescribed in the procedures manual for the State of Mississippi Dual Enrollment and Accelerated Programs, hereinafter the "manual," and the requirements established by the Mississippi Postsecondary Education Financial Assistance Board for participating institutions set forth in this subsection.

(b) Eligibility for funding shall be incorporated into the manual, which shall outline the specific criteria for initial and continued eligibility for participation for institutions, dual enrollment students and dual credit students, respectively. The academic officers of both the Mississippi Association of Community Colleges and the Board of Trustees of State Institutions of Higher Learning shall evaluate and approve the contents of the manual each year.

(c) The board shall administer the Dual Enrollment/Dual Credit Scholarship Program as outlined in the manual. Funds for the program shall be distributed by the board to the providing institution of higher education on behalf of each eligible student after the enrollment verification period. Funds shall not be distributed by the board directly to the student.

(d) Participation in the Mississippi Dual Enrollment/Dual Credit Scholarship Program is optional for all institutions defined in Section 37-109-5(a). However, in order to qualify for funding, all guidelines in the manual must be followed by each institution.

(e) All participating institutions shall be reimbursed at the rate of forty percent (40%) of the average community college credit hour tuition for the current academic year.

(f) Participating institutions may elect to exclude specific centers, branch campuses, collegiate academies and middle college's within their governance or purview from participating in the Mississippi Dual Enrollment/Dual Credit Scholarship Program.

(2) For students to be eligible for participation in the program, the scholarship applicant shall satisfy the student eligibility requirements prescribed in Procedures Manual for the State of Mississippi Dual Enrollment and Accelerated Programs and the requirements established for student eligibility set forth in this subsection:

(a) Students in Grades 11 and 12 who are residents of the State of Mississippi shall be eligible to participate in the program, provided they meet minimum eligibility criteria in the manual. Resident status for the purpose of receiving assistance under this chapter shall be determined in the same manner as resident status for tuition purposes in Sections 37-103-1 through 37-103-29, with the exception of Section 37-103-17;

(b) Each eligible student shall be qualified for funding under this chapter for up to six (6) dual enrollment/dual credit semester credit hours prior to high school graduation;

(c) All students who meet the eligibility requirements as outlined in the manual, regardless of participation method, whether online, at a participating institution's campus, at a high school campus, academic or career and technical education (CTE), shall meet the requirements for funding allocation to the participating institution;

(d) All Dual Enrollment/Dual Credit Scholarship Program student recipients shall be required to participate in an advising component related to the Mississippi Articulation and Transfer Tool (MATT) to ensure their understanding of course transferability. Credits earned with a final grade of C or above on the eligible student's college transcript in courses offered through the program, whether academic or career and technical, shall transfer to any postsecondary institution in Mississippi;

(e) Books, course materials, tools, supplies, lab fees, transportation costs and other applicable course fees shall be the responsibility of the student or high school district; and

(f) Middle college students shall be qualified for the Mississippi Dual Enrollment/Dual Credit Scholarship Program funding only if the institution complies with the requirements of the manual.

(3) To ensure appropriate articulation of college credits to other institutions, only the courses on the "Approved Academic Dual Credit Listing" shall be eligible for funding.

(4) Early college students are not eligible for the Mississippi Dual Enrollment/Dual Credit Scholarship Program funding.

SECTION 5. Section 37-109-9, Mississippi Code of 1972, is brought forward as follows:

37-109-9. In addition to the criteria established in Section 37-109-7, the following program participation criteria must be adhered to:

(a) Future enrollment at the providing institution cannot be a requirement for a student to be eligible for Dual Enrollment/Dual Credit Scholarship Program funds;

(b) Community college career and technical education (CTE) courses approved in the manual shall be eligible for funding;

(d) The board shall develop rules for ensuring that expenses of the scholarship program in each fiscal year do not exceed funding for the program in that fiscal year. For that purpose, and any other provision of this section to the contrary notwithstanding, the board may limit the acceptance of scholarship applications and may limit the award amount of scholarships;

(e) If the state appropriation is insufficient to fully fund all students eligible for participation in the program in a given year, those funds shall be prorated to the student's account at the eligible participating institution by an amount to be determined by the board. The student or school district will then be responsible for the remaining balance due for the course taken at the providing institution;

(f) The board may conduct its own annual audits of any institution participating in the Mississippi Dual Enrollment/Dual Credit Scholarship Program. The board may suspend or revoke an institution's eligibility to receive future funds under the program if it finds that the institution has not complied with the provisions of the manual and the requirements established in Section 37-109-7(1);

(g) The board may conduct its own annual audits of students participating in the Mississippi Dual Enrollment/Dual Credit Scholarship Program. The board may suspend or revoke a high school's eligibility to participate in the program if it finds the student or high school has not complied with the provisions of the manual and the requirements established in Section 37-109-7(2);

(h) The average community college credit hour tuition amount for the current academic year, as referenced in Section 37-109-7(1)(e), shall be provided annually by the Mississippi Community College Board to the executive director of the board;

(i) If a public institution chooses not to participate in the program, or if a public institution in the eligible student's region does not have a particular program the eligible student wants to enroll in but the program is available at another public institution, a student shall have the option of enrolling at a program at another participating public institution;

(j) Public school districts or charter schools and institutions participating in the program shall be permitted to enter into agreements under Section 37-15-38, which allow students to enroll and complete additional dual credit or dual enrollment courses, with the goal of increasing the number of students graduating from high school with an associate level degree or other nationally recognized credential. This chapter is intended to provide funding and structure for a minimum standardized dual enrollment/dual credit program across the state;

(k) To encourage more participation in the program, a final grade of C or above in a three (3) credit hour dual credit course, academic or career and technical, shall be weighted the same as a three (3) or above in an Advanced Placement course final examination in the Mississippi Statewide Accountability System. Only courses included in the approved dual credit course list referenced in the manual shall be weighted in the model; and

(l) There is established in the State Treasury a special fund to be designated the "Mississippi Dual Enrollment/Dual Credit Scholarship Program" into which shall be deposited those funds appropriated by the Legislature, and any other funds that may be made available, for the purpose of implementing the program established under this chapter. Money in the fund at the end of the fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund;

(m) The program requires specific appropriation by the Legislature.

SECTION 6. This act shall take effect and be in force from and after July 1, 2024.