SF0150 - Wyoming horizons student scholarship program.

2001

State of Wyoming

01LSO-0221

SENATE FILE NO. SF0150

Wyoming horizons student scholarship program.

Sponsored by: Senator(s) Boggs, Devin, Job, Massie and
Schiffer and Representative(s) Johnson, L.,
McGraw, Reese, Stafford and Wasserburger

A BILL

for

1 AN ACT relating to the Wyoming horizons student scholarship
2 program; establishing the program; providing for
3 administration by the Wyoming higher education assistance
4 authority; authorizing the authority to contract for
5 administrative assistance; imposing duties upon the
6 authority and Wyoming postsecondary education institutions;
7 prescribing a scholarship reimbursement and reporting
8 process; specifying conditions and limitations; specifying
9 eligibility criteria; providing an appropriation; and
10 providing for an effective date.

12 Be It Enacted by the Legislature of the State of Wyoming:

14 Section 1. W.S. 21-16-901 through 21-16-908 are
15 created to read:

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1 ARTICLE 9

2 WYOMING HORIZONS STUDENT SCHOLARSHIP PROGRAM

4 21-16-901. Definitions.

6 (a) As used in this article:

8 (i) "Academic term" means the fall semester or
9 term or the spring semester or term. In this article,
10 "term" and "semester" have the same meaning, except that
11 scholarship recipients may elect to use the horizons
12 scholarship during summer school, which use counts toward
13 the maximum number of terms for which the student is
14 eligible, but does not count toward computation of an
15 academic year;

17 (ii) "Academic year" means the period of time
18 during which a full-time student is expected to complete
19 the equivalent of at least two (2) semesters of academic
20 work;

22 (iii) "Certificate" means a credential other
23 than a degree, indicating satisfactory completion of

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1 training in a one (1) year program of study offered by an
2 eligible public postsecondary institution;

4 (iv) "Eligible high school" means a public or
5 private secondary school that is located:

7 (A) In Wyoming and is accredited by the
8 state department of education and the north central
9 association of colleges and schools; or

11 (B) Outside Wyoming and is accredited by
12 the appropriate regional accrediting agency.

14 (v) "Eligible public postsecondary education
15 institution" means the University of Wyoming or any Wyoming
16 community college;

18 (vi) "Freshman student" means a student enrolled
19 in an eligible public postsecondary institution who has
20 been enrolled for less than thirty-one (31) semester hours,
21 exclusive of college credit earned while enrolled in high
22 school or earned through advanced placement;

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1 (vii) "Grade point average" or "GPA" means the
2 numbered grade average calculated using a 4.0 scale;

4 (viii) "Horizons program" means the Wyoming
5 college horizons and career horizons scholarship programs
6 for education established under this article;

8 (ix) "Mandatory fees" means fees approved by the
9 board of trustees of an eligible public postsecondary
10 education institution that are assessed upon a student
11 enrolled in that institution, and are not dependent on the
12 student's program of study or on a particular course in
13 which a student is enrolled;

15 (x) "Program administrator" means the Wyoming
16 higher education assistance authority established under
17 W.S. 21-16-703;

19 (xi) "Matriculated status" means a person
20 recognized as a student in a defined program of study
21 leading to a degree or certificate at an eligible public
22 postsecondary institution, including an undeclared major if
23 the student is a freshman or sophomore student;

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1 (xii) "Semester hour" means each nonremedial
2 semester hour attempted for credit toward a degree or
3 certificate, excluding any semester hour attempted before
4 earning a high school diploma or a general educational
5 development (GED) equivalency diploma;

7 (xiii) "Sophomore student" means a student
8 enrolled in an eligible public postsecondary education
9 institution who has been enrolled for less than sixty-one
10 (61) semester hours, exclusive of college credit earned
11 while enrolled in high school or earned through advanced
12 placement;

14 (xiv) "Title IV" means Title IV of the federal
15 Higher Education Act of 1965, as amended.

17 21-16-902. College horizons scholarship program;
18 eligibility criteria specified; cumulative grade point
19 average; scholarship limitations; concurrent use with other
20 scholarships permitted; transfer.

22 (a) Subject to W.S. 21-16-904 and subsections (b)
23 through (j) of this section, the University of Wyoming and
24 each Wyoming community college shall award a college

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1 horizons scholarship to each person who enrolls in the
2 eligible public postsecondary education institution as a
3 freshman and who qualifies for admission as a Wyoming
4 resident student for tuition assessment purposes in
5 accordance with the residency policy of the institution, as
6 established under applicable law and rules of the
7 university’s board of trustees or rules and regulations of
8 the Wyoming community college commission under W.S.
9 21-18-202(a)(iii). Scholarship recipients shall be
10 admitted, enrolled and classified as an undergraduate
11 student in a matriculated status. Any person who is deemed
12 ineligible for a horizons scholarship by any eligible
13 public postsecondary education institution may seek review
14 of that decision under the policy established by that
15 institution for review of institutional scholarship
16 decisions.

18 (b) In addition to subsection (a) of this section, an
19 entering freshman recipient of a scholarship under this
20 section shall:

22 (i) Enroll not later than the second fall term
23 following the earlier of:

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1 (A) Graduation from an eligible high
2 school;

4 (B) Receipt of a general education
5 development (GED) equivalency diploma from the issuing
6 Wyoming community college;

8 (C) Completion of a home-based educational
9 program; or

11 (D) Attaining twenty-one (21) years of age.

13 (ii) Meet the following achievement standards:

15 (A) Graduate from an eligible high school
16 in the top twenty-five percent (25%) of his class;

18 (B) Receive a general educational
19 development (GED) equivalency diploma from the issuing
20 Wyoming community college and receive a composite score at
21 the sixty-seventh percentile or higher; or

23 (C) Complete a home-based educational
24 program meeting the requirements of a basic academic

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1 educational program pursuant to W.S. 21-4-101(a)(vi) and
2 receive an enhanced ACT composite score of twenty-three
3 (23) or higher or a combined recentered SAT score of one
4 thousand one hundred (1100) or higher.

6 (c) If graduating from an eligible high school
7 located outside of Wyoming under subparagraph (b)(ii)(A) of
8 this section and in addition to subsections (a) and (b) of
9 this section, the parent or legal guardian of the entering
10 freshman applicant shall be a resident in accordance with
11 the residency policy of the institution, as established
12 under applicable law and rules of the University of Wyoming
13 board of trustees or rules and regulations of the Wyoming
14 community college commission promulgated under W.S.
15 21-18-202(a)(iii). If a parent or legal guardian is serving
16 in active military duty and is stationed outside of Wyoming
17 as a result of military service, the program applicant
18 shall provide evidence that his parent or guardian was a
19 resident at the time the parent or guardian entered
20 military service and continues to maintain Wyoming as his
21 state of voter registration and home of record.

23 (d) In addition to subsections (a), (b) and (c) of
24 this section, a student shall meet the following

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1 achievement standards to continue eligibility for the
2 scholarship:

4 (i) Subject to W.S. 21-16-906(a), maintain a
5 cumulative grade point average of at least 2.5 at an
6 eligible public postsecondary education institution; and

8 (ii) Maintain satisfactory academic progress in
9 a course of study in accordance with the standards and
10 practices used for federal Title IV programs by the
11 eligible public postsecondary education institution in
12 which the student is enrolled.

14 (e) A student who fails to maintain a cumulative
15 grade point average of at least 2.5 at the eligible public
16 postsecondary education institution of enrollment at the
17 end of any academic semester and regains a cumulative grade
18 point average of at least 2.5 at the end of a succeeding
19 academic semester, and is otherwise eligible under this
20 article, may requalify for a scholarship under this
21 section.

23 (f) Subject to W.S. 21-16-906(a), a recipient of a
24 scholarship awarded under this article is required to

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1 maintain a minimum of twelve (12) hours of enrollment
2 during any academic semester in which the recipient is
3 receiving the scholarship.

5 (g) A scholarship awarded to a recipient under this
6 article shall terminate upon receipt of a baccalaureate
7 degree.

9 (h) A scholarship awarded under this article may be
10 used concurrently with other federal, state, institutional
11 and private scholarships or grants if permitted under the
12 rules of the other scholarship or grant program. A
13 recipient student may receive a scholarship under this
14 article for concurrent enrollment at more than one (1)
15 eligible public postsecondary education institution if the
16 recipient student otherwise qualifies for the scholarship
17 under this article. In cases of concurrent enrollment, the
18 scholarship shall be awarded by only one (1) eligible
19 public postsecondary education institution.

21 (j) A scholarship recipient may transfer enrollment
22 to another eligible public postsecondary education
23 institution and continue scholarship eligibility if he
24 otherwise qualifies under this article.

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2 21-16-903. Career horizons scholarship program;
3 eligibility criteria specified; cumulative grade point
4 average; scholarship limitations; concurrent use with other
5 scholarships and grants; transfer.

7 (a) Subject to W.S. 21-16-904 and subsections (b)
8 through (j) of this section, each Wyoming community college
9 shall award a career horizons scholarship to each person
10 who enrolls in the community college as a freshman and who
11 qualifies for admission as a Wyoming resident student in
12 accordance with the residency policy of the college, as
13 established under applicable law and rules and regulations
14 of the Wyoming community college commission under W.S.
15 21-18-202(a)(iii). Scholarship recipients shall be
16 admitted, enrolled and classified as an undergraduate
17 student in a matriculated status. Any person who is deemed
18 ineligible for a horizons scholarship by an institution may
19 seek review of that decision under the policy established
20 by that college for review of institutional scholarship
21 decisions.

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1 (b) In addition to subsection (a) of this section, an
2 entering freshman recipient of a scholarship under this
3 section shall:

5 (i) Enroll not later than the second fall term
6 following the earlier of:

8 (A) Graduation from an eligible high
9 school;

11 (B) Receipt of a general education
12 development (GED) equivalency diploma from the issuing
13 Wyoming community college; or

15 (C) Completion of a home-based educational
16 program.

18 (ii) Meet the following achievement standards:

20 (A) Graduate from an eligible high school
21 with a grade point average of 3.0 or higher;

23 (B) Receive a general educational
24 development (GED) equivalency diploma from the issuing

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1 Wyoming community college and receive a composite score at
2 the fiftieth percentile or higher; or

4 (C) Complete a home-based educational
5 program meeting the requirements of a basic academic
6 educational program pursuant to W.S. 21-4-101(a)(vi) and
7 receive an enhanced ACT composite score of twenty-one (21)
8 or higher or a combined recentered SAT score of nine
9 hundred ninety (990) or higher.

11 (c) If a scholarship applicant under this section
12 graduates from an eligible high school located outside of
13 Wyoming and otherwise complies with paragraph (b)(ii) of
14 this section, for purposes of qualifying under this
15 section:

17 (i) The applicant's parent or legal guardian
18 shall be a resident of Wyoming as established in accordance
19 with the residency policy of the community college, as
20 established under applicable law and rules and regulations
21 of the Wyoming community college commission under W.S.
22 21-18-202(a)(iii); or

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1 (ii) The applicant shall provide evidence that
2 his parent or legal guardian is serving in active military
3 duty, is stationed outside of Wyoming as a result of
4 military service and his parent or guardian was a resident
5 at the time he entered military service and continues to
6 maintain Wyoming as his state of voter registration and
7 home of record.

9 (d) In addition to subsections (a), (b) and (c) of
10 this section, a student shall meet the following
11 achievement standards to continue eligibility for the
12 scholarship:

14 (i) Subject to W.S. 21-16-906(a), maintain a
15 cumulative grade point average of at least 2.5 at an
16 eligible public postsecondary education institution; and

18 (ii) Maintain satisfactory academic progress in
19 a course of study in accordance with the standards and
20 practices used for federal Title IV programs by the
21 eligible public postsecondary education institution in
22 which the student is enrolled.

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1 (e) A student who fails to maintain a cumulative
2 grade point average of at least 2.5 at the eligible public
3 postsecondary education institution of enrollment at the
4 end of any academic semester and regains a cumulative grade
5 point average of at least 2.5 at the end of a succeeding
6 academic semester, and is otherwise eligible under this
7 article, may requalify for a scholarship under this
8 section.

10 (f) Subject to W.S. 21-16-906(a), a scholarship
11 recipient is required to maintain a minimum of six (6)
12 hours of enrollment per academic semester for purposes of
13 scholarship eligibility under this section.

15 (g) Subject to W.S. 21-16-904(b), scholarships
16 awarded under this section shall be awarded for all course
17 work required by the appropriate eligible public
18 postsecondary education institution for programs of study
19 leading to a certificate or degree, excluding remedial or
20 developmental studies. A scholarship awarded to a recipient
21 under this article shall terminate upon receipt of an
22 associate of applied science degree.

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1 (h) A scholarship awarded under this section may be
2 used concurrently with other federal, state, institutional
3 and private scholarships or grants received by the
4 recipient if permitted under the rules of the other
5 scholarship or grant program. A recipient student may
6 receive a scholarship under this article for concurrent
7 enrollment at more than one (1) eligible public
8 postsecondary education institution if the recipient
9 student otherwise qualifies for the scholarship under this
10 article. In cases of concurrent enrollment, the scholarship
11 shall be awarded by only one (1) eligible public
12 postsecondary institution.

14 (j) A scholarship recipient may transfer enrollment
15 to another eligible public postsecondary education
16 institution and continue scholarship eligibility if he
17 otherwise qualifies under this article.

19 21-16-904. Horizons scholarship program amounts;
20 limitations specified.

22 (a) Any scholarship awarded under the horizons
23 program shall not exceed the charges for tuition and
24 mandatory fees as prescribed in the cost of attendance

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1 rules for Title IV aid, plus a book allowance of not to
2 exceed two hundred fifty dollars ($250.00) per academic
3 semester.

5 (b) Except as otherwise provided under W.S.
6 21-16-906, the following limitations are applicable to
7 awards under the horizons program:

9 (i) A college horizons scholarship may be
10 received:

12 (A) For a period not to exceed ten (10)
13 academic terms during the six (6) consecutive academic
14 years commencing with the first academic year in which the
15 student was enrolled in an eligible public postsecondary
16 education institution and received the scholarship;

18 (B) While enrolled at a Wyoming community
19 college, for a period not to exceed six (6) academic terms
20 during the four (4) academic years commencing with the
21 first academic year in which the student was enrolled in an
22 eligible public postsecondary education institution and
23 received the scholarship.

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1 (ii) A career horizons scholarship may be
2 received for a period not to exceed eight (8) academic
3 terms during the four (4) academic years commencing with
4 the first academic year in which the student was enrolled
5 in an eligible public postsecondary education institution
6 and received the scholarship;

8 (iii) Nothing in this subsection prohibits a
9 recipient from terminating enrollment at an eligible public
10 postsecondary education institution during any academic
11 semester within the academic year limitation periods
12 imposed under paragraphs (i) and (ii) of this subsection.
13 Except as otherwise authorized under W.S. 21-16-906, any
14 academic semester after initial receipt of a scholarship in
15 which the recipient is not enrolled shall be included in
16 computing the academic year limitations for that recipient;

18 (iv) A person shall receive scholarship support
19 from not more than one (1) program under this article
20 during his lifetime.

22 21-16-905. Eligibility for horizons program
23 scholarships.

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1 (a) A student is not eligible for any horizons
2 program scholarship under this article if the student:

4 (i) Is not a United States citizen or a
5 permanent resident alien who meets the definition of an
6 eligible noncitizen under federal Title IV requirements;

8 (ii) Has not complied with United States
9 Selective Service System requirements for registration, if
10 the requirements are applicable to the student;

12 (iii) Is in default on a federal Title IV
13 education loan or any education loan obtained through the
14 state. Nothing in this paragraph prohibits a student who is
15 otherwise eligible for a scholarship under this article and
16 has fully repaid a defaulted loan from receiving a
17 scholarship for future academic semesters;

19 (iv) Owes a refund under a federal Title IV
20 student financial aid program or a student financial aid
21 program administered through the state. Nothing in this
22 paragraph prohibits a student who is otherwise eligible for
23 a scholarship under this article and has fully paid the

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1 refund owed, from receiving a scholarship for future
2 academic semesters;

4 (v) Would be ineligible for federal aid under
5 Title IV in accordance with the Drug Free Postsecondary
6 Education Act of 1990 for conviction of a felony offense
7 involving a controlled substance;

9 (vi) Is incarcerated; or

11 (vii) Does not qualify under this article for a
12 program scholarship.

14 21-16-906. Ineligible program award recipients;
15 scholarship payments cease; exemption; petition for program
16 reinstatement.

18 (a) Any horizons scholarship recipient who fails to
19 maintain a minimum cumulative grade point average of 2.5 as
20 required under this article or who fails to complete the
21 minimum number of credit hours of enrollment during any
22 academic semester as required under this article for that
23 scholarship is not eligible to receive additional program
24 scholarship awards under this article until program

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1 eligibility has been reestablished as provided under
2 subsection (b) of this section. Upon request of a
3 scholarship recipient, an eligible public postsecondary
4 education institution may exempt the recipient from this
5 subsection for good cause. In no event shall exemptions
6 granted to any recipient exceed a total of two (2) academic
7 years.

9 (b) Any horizons scholarship recipient failing to
10 maintain the conditions of continuing eligibility as
11 prescribed by this section and W.S. 21-16-905 may petition
12 the eligible public postsecondary education institution of
13 enrollment for reinstatement after the recipient completes
14 the minimum number of hours of enrollment in a subsequent
15 academic semester required for that scholarship and
16 otherwise complies with applicable eligibility requirements
17 imposed under this article.

19 (c) The loss of the scholarship award under this
20 article for one (1) or more academic semesters does not
21 extend the academic year limitation periods imposed under
22 W.S. 21-16-904(b). Upon request of a scholarship recipient,
23 an eligible public postsecondary education institution may
24 exempt the recipient from this subsection for good cause.

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1 In no event shall exemptions granted to any recipient
2 exceed a total of two (2) academic years.

4 21-16-907. Reimbursement procedure.

6 (a) Not later than seventy-five (75) days after the
7 date classes are scheduled to commence at the institution
8 for that academic semester, each eligible public
9 postsecondary institution awarding horizons program
10 scholarships shall forward to the program administrator a
11 list of scholarship recipients for that semester, the
12 amount awarded to each recipient for that semester and
13 documentation sufficient to demonstrate the recipient is
14 eligible for the scholarship. The program administrator
15 shall review the submissions made by each eligible public
16 postsecondary education institution and reimburse the
17 institution for scholarships awarded to eligible students
18 for the applicable academic semester. The reimbursement
19 shall be made from appropriations to the program
20 administrator for that purpose not later than forty-five
21 (45) days after the institution submits the required
22 documentation.

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1 (b) The program administrator shall not reimburse an
2 eligible public postsecondary education institution for any
3 horizons scholarship if the administrator determines the
4 recipient is ineligible or to the extent the amount awarded
5 does not conform to this article. The program administrator
6 shall notify the institution of any decision not to
7 reimburse that institution. If it is determined to not
8 reimburse the institution, the eligible public
9 postsecondary education institution is entitled to a
10 hearing under the contested case procedure contained in the
11 Wyoming Administrative Procedure Act. The final
12 administrative decision of the program administrator is not
13 subject to judicial review.

15 21-16-908. Wyoming higher education assistance
16 authority to administer program; duties.

18 (a) The Wyoming higher education assistance authority
19 created under W.S. 21-16-703 shall serve as program
20 administrator for the horizons scholarship program
21 established under this article. In consultation with
22 eligible public postsecondary education institutions, the
23 program administrator shall establish policies for the
24 administration of the horizons program, including:

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2 (i) Procedures governing the transfer of funds
3 to eligible public postsecondary education institutions;

5 (ii) Reporting requirements imposed upon
6 eligible public postsecondary education institutions for
7 program recipients enrolled in the respective institution;

9 (iii) Procedures governing maintenance of
10 information on scholarship candidates and recipients;

12 (iv) A procedure for adjusting funds paid to
13 institutions as necessary to reflect actual recipients and
14 amounts awarded, including requiring repayment of funds as
15 necessary and reports to document any adjustments to
16 reimbursements;

18 (v) An annual reporting procedure specifying
19 funds received and recipients enrolled during the
20 reportable academic year. The report shall be submitted to
21 the legislature in accordance with W.S. 9-2-1014.

23 (b) Funding for the horizons program established
24 under this article shall be by appropriation of the

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1 legislature. If it appears that the appropriation for the
2 horizons scholarship program will not be sufficient to
3 reimburse eligible public postsecondary education
4 institutions for the total amount to be awarded for all
5 eligible applicants during that budget period, the program
6 administrator shall as soon as possible advise the
7 governor, the joint appropriations committee and the joint
8 education interim committee of the legislature of the
9 amount necessary to fully reimburse the institutions for
10 the scholarships provided to eligible recipients. For the
11 purposes of this section, the budget period is the biennial
12 budget period for the state.

14 (c) If the program administrator determines that the
15 appropriation for the horizons scholarship program is not
16 sufficient to reimburse eligible public postsecondary
17 education institutions for the total amount to be awarded
18 for all eligible applicants during that budget period, the
19 program administrator shall increase the academic
20 achievement requirements to reduce the number of new
21 scholarship recipients, and if necessary, prohibit the
22 award of the scholarship to new recipients. The program
23 administrator shall consult with the institutions in
24 increasing academic achievement requirements for the

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1 purposes of this subsection. Any increase in academic
2 achievement requirements shall be implemented so as to
3 reduce, as near as practicable, the numbers of participants
4 in each scholarship program in the same proportion. If the
5 increase in academic achievement requirements or the
6 prohibiting of the award of the scholarship to new
7 recipients does not result in sufficient revenues to fully
8 reimburse eligible public postsecondary education
9 institutions, the program administrator shall prorate the
10 amounts reimbursed to each institution for that budget
11 period.

13 Section 2. W.S. 21-16-705 by creating a new
14 subsection (c) is amended to read:

16 21-16-705. Powers and duties generally; preference to
17 state financial institutions; administration of horizons
18 scholarship program; contractual administrative assistance.

20 (c) In addition to subsection (a) of this section,
21 the authority shall serve as program administrator for the
22 horizons scholarship program established under W.S.
23 21-16-901 through 21-16-908. For purposes of performing
24 duties under this subsection, the authority shall contract

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1 with a qualified entity for a commercially reasonable fee
2 to perform administrative services necessary to implement
3 the program using funds appropriated to the authority for
4 that purpose. Solely for the purposes of performing its
5 duties under this subsection, the authority is not required
6 to obtain a surety bond required under W.S. 21-16-703(c).

8 Section 3. Horizons scholarships are to be awarded by
9 the University of Wyoming and Wyoming community colleges
10 beginning with the fall semester of 2001. The institutions
11 shall consider horizon scholarships first in determining
12 total scholarship awards to students from state funds
13 available to the institution.

15 Section 4.

17 (a) There is appropriated from the general fund to
18 the Wyoming higher education authority to implement this
19 act during fiscal year 2002:

21 (i) Three million five hundred thousand dollars
22 ($3,500,000.00) for the college horizons scholarship
23 program;

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1 (ii) One million two hundred thousand dollars
2 ($1,200,000.00) for the career horizons scholarship
3 program;

5 (iii) Three hundred six thousand dollars
6 ($306,000.00) for administration to be distributed as
7 follows:

9 (A) Sixty-one thousand dollars ($61,000.00)
10 to the program administrator specified in this act;

12 (B) Two hundred fourteen thousand dollars
13 ($214,000.00) to the Wyoming community college commission
14 to be distributed among Wyoming community colleges;

16 (C) Thirty-one thousand dollars
17 ($31,000.00) to the university of Wyoming.

19 Section 5. This act is effective immediately upon
20 completion of all acts necessary for a bill to become law
21 as provided by Article 4, Section 8 of the Wyoming
22 Constitution.

24 (END)

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