MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Universities and Colleges; Appropriations
By: Senator(s) Boyd
AN ACT TO AMEND SECTIONS 37-109-5, 37-109-7 AND 37-109-9, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS OF THE MISSISSIPPI DUAL ENROLLMENT/DUAL CREDIT SCHOLARSHIP PROGRAM; TO AUTHORIZE PRIVATE SCHOOL AND HOMESCHOOL STUDENTS TO BE ELIGIBLE FOR THE PROGRAM; TO PROVIDE THAT PARTICIPATING INSTITUTIONS MAY NOT CHARGE MORE THAN A RATE OF 40% OF THE AVERAGE COMMUNITY COLLEGE CREDIT HOUR TUITION FOR THE CURRENT ACADEMIC YEAR; TO AUTHORIZE TENTH-GRADE STUDENTS TO TAKE COURSES UNDER THE PROGRAM; TO AUTHORIZE STUDENTS TO QUALIFY FOR FUNDING FOR UP TO 12 CREDIT HOURS; TO DELETE CERTAIN OBSOLETE PROVISIONS; TO PROVIDE THAT FUNDS FROM THE PROGRAM SHALL BE USED TO COVER COSTS ASSOCIATED WITH BOOKS, COURSE MATERIALS, TOOLS, SUPPLIES, LAB FEES, TRANSPORTATION COSTS AND OTHER APPLICABLE COURSE FEES; TO REQUIRE FUNDING FOR THESE COSTS TO TRANSFER FROM THE SCHOLARSHIP FUND TO THE PROVIDING INSTITUTION, AS REQUESTED BY THE INSTITUTION; TO DELETE CERTAIN PROVISIONS RELATED TO CREDIT WEIGHTING MODELS; TO BRING FORWARD SECTION 37-15-38, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-109-5, 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 public school, private school, homeschool program 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 * * *
37-15-38(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 2. Section 37-109-7, Mississippi Code of 1972, is amended 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. Participating institutions may not charge more than a 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 10, 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 * * * twelve (12) 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 * * *;
(e) Funds from the
Mississippi Dual Enrollment/Dual Credit Scholarship Program shall be used to
cover costs associated with books, course materials, tools, supplies, lab fees,
transportation costs and other applicable course fees * * *. Funding for these costs shall transfer from the scholarship
fund to the providing institution, as requested by the institution; 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) Early college students are not eligible
for the Mississippi Dual Enrollment/Dual Credit Scholarship Program funding.
SECTION 3. Section 37-109-9, Mississippi Code of 1972, is amended 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) The board shall promulgate rules as
necessary to implement and administer this section;
( * * *c) 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;
( * * *d) 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;
( * * *e) 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);
( * * *f) 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);
( * * *g) 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;
( * * *h) 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;
( * * *i) 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;
* * *
( * * *j) 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; and
( * * *k) The program requires specific appropriation
by the Legislature.
SECTION 4. Section 37-15-38, Mississippi Code of 1972, is brought forward as follows:
37-15-38. (1) The following phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) A dual enrolled student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school.
(b) A dual credit student is 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.
(2) A local school board, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
(3) Dual credit eligibility. Before credits earned by a qualified high school student from a community or junior college or state institution of higher learning may be transferred to the student's home school district, the student must be properly enrolled in a dual enrollment program.
(4) Admission criteria for dual enrollment in community and junior college or university programs. The Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning may recommend to the State Board of Education admission criteria for dual enrollment programs under which high school students may enroll at a community or junior college or university while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment programs if they meet that individual institution's stated dual enrollment admission requirements.
(5) Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
(6) Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. Transportation costs may be paid from any available public or private sources, including the local school district.
(7) School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
(8) High school student transcript transfer requirements. Grades and college credits earned by a student admitted to a dual credit program must be recorded on the high school student record and on the college transcript at the university or community or junior college where the student attends classes. The transcript of the university or community or junior college coursework may be released to another institution or applied toward college graduation requirements.
(9) Determining factor of prerequisites for dual enrollment courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites. Course prerequisites shall be the same for dual enrolled students as for regularly enrolled students at that university or community or junior college.
(10) Process for determining articulation of curriculum between high school, university, and community and junior college courses. All dual credit courses must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual credit program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
(11) [Deleted]
(12) Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. Distance Learning Collaborative Program courses approved under Section 37-67-1 shall be fully eligible for dual credit. All courses being considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief instructional officer at the participating community or junior college or university in order for college credit to be awarded. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits.
(13) High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one (1) high school Carnegie unit.
(14) Course alignment. The universities, community and junior colleges and the State Department of Education shall periodically review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
(15) Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every eligible student who desires to earn a semester's worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit.
(16) Dual credit program allowances. A student may be granted credit delivered through the following means:
(a) Examination preparation taught at a high school by a qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
(b) College or university courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
(c) College or university courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
(d) Online courses of any public university, community or junior college in Mississippi.
(17) Qualifications of dual credit instructors. A dual credit academic instructor must meet the requirements set forth by the regional accrediting association (Southern Association of College and Schools). University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
A dual credit career and technical education instructor must meet the requirements set forth by the Mississippi Community College Board in the qualifications manual for postsecondary career and technical personnel.
(18) Guidance on local agreements. The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning and the Chief Instructional Officers of the Mississippi Community College Board and the State Department of Education, working collaboratively, shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
(19) Mississippi Works Dual Enrollment-Dual Credit Option. A local school board and the local community colleges board shall establish a Mississippi Works Dual Enrollment-Dual Credit Option Program under which potential or recent student dropouts may dually enroll in their home school and a local community college in a dual credit program consisting of high school completion coursework and a community college credential, certificate or degree program. Students completing the dual enrollment-credit option may obtain their high school diploma while obtaining a community college credential, certificate or degree. The Mississippi Department of Employment Security shall assist students who have successfully completed the Mississippi Works Dual Enrollment-Dual Credit Option in securing a job upon the application of the student or the participating school or community college. The Mississippi Works Dual Enrollment-Dual Credit Option Program will be implemented statewide in the 2012-2013 school year and thereafter. The State Board of Education, local school board and the local community college board shall establish criteria for the Dual Enrollment-Dual Credit Program. Students enrolled in the program will not be eligible to participate in interscholastic sports or other extracurricular activities at the home school district. Tuition and costs for community college courses offered under the Dual Enrollment-Dual Credit Program shall not be charged to the student, parents or legal guardians. When dually enrolled, the student shall be counted for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school, as provided in Section 37-151-7(1)(a). Any transportation required by the student to participate in the Dual Enrollment-Dual Credit Program is the responsibility of the parent or legal guardian of the student, and transportation costs may be paid from any available public or private sources, including the local school district. Grades and college credits earned by a student admitted to this Dual Enrollment-Dual Credit Program shall be recorded on the high school student record and on the college transcript at the community college and high school where the student attends classes. The transcript of the community college coursework may be released to another institution or applied toward college graduation requirements. Any course that is required for subject area testing as a requirement for graduation from a public school in Mississippi is eligible for dual credit, and courses eligible for dual credit shall also include career, technical and degree program courses. All courses eligible for dual credit shall be approved by the superintendent of the local school district and the chief instructional officer at the participating community college in order for college credit to be awarded. A community college shall make the final decision on what courses are eligible for semester hour credits and the local school superintendent, subject to approval by the Mississippi Department of Education, shall make the final decision on the transfer of college courses credited to the student's high school transcript.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.