Senate Bill 2526

AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO ALLOW NONRESIDENT STUDENTS TO FULLY PARTICIPATE IN THE YELLOW RIBBON PROGRAM AND RECEIVE FUNDS; 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 * * * Mississippi Community College Board 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 is a "covered individual" under Section 702 of the Veterans Access, Choice and Accountability Act of 2014. A nonresident 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 who is not a covered individual under Section 702 of the Veterans Access, Choice and Accountability Act of 2014, but qualifies for Yellow Ribbon Program funds shall be charged nonresident tuition provided the state institution of higher learning and community or junior college participates in the Yellow Ribbon Program and provides a scholarship (including Yellow Ribbon Program funds) that results in the nonresident veteran or person entitled to education benefits under Title 38 paying tuition equal to the amount established under subsection (1). All other nonresident veterans, as defined by Title 38 of the United States Code and other persons entitled to education benefits under Title 38, except those enrolled in a professional school or college, shall be charged tuition equal to the amount established under subsection (1) of this section. 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 and in a manner necessary to allow a nonresident veteran or a person entitled to education benefits under Title 38 of the United States Code and state institutions of higher learning and community and junior colleges to fully participate and receive Yellow Ribbon Program funds;

(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 may develop and implement a policy for waiving out-of-state tuition for the college if the policy is determined by the board to be in accordance with the educational mission of the college and if a local industry or business or a state agency agrees to reimburse the college for the entire amount of the out-of-state tuition that will be waived under the policy. 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, 2025.