A BILL to amend and reenact section six, article seven, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing minimum requirements for eligibility for the PROMISE scholarship; providing for eligibility for the PROMISE scholarship for persons who meet all requirements except minimum ACT score; and providing for probationary semester prior to termination of continued eligibility.

Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR

MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§18C-7-6. Requirements for rules on PROMISE scholarship program; recommendations by PROMISE scholarship board of control; promulgation by higher education policy commission.

(a) The board shall recommend a legislative rule to the higher education policy commission to implement the provisions of this article. The higher education policy commission shall promulgate a legislative rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code which shall include at least the following provisions:
(1) A requirement that a scholarship will not pay an amount that exceeds the cost of tuition at state institutions of higher education and may include an allowance for books and supplies;
(2) A requirement that the student shall first submit the application/needs analysis form used to apply for federal student aid programs along with an application for the PROMISE scholarship.
(3) The amount of the PROMISE scholarship awarded in combination with aid from all other sources shall not exceed the cost of education at the institution the recipient is attending: Provided, That this restriction does not apply to members of the West Virginia National Guard, recipients of an Underwood-Smith teacher scholarship, and recipients of a West Virginia engineering, science and technology scholarship;
(4) Minimum requirements for eligibility for the scholarship which include:
(A) A provision that a student is only eligible to apply for a scholarship within two years of the time he or she graduates from high school or, in the case of home school students, passes the GED examination: Provided, That if a student has entered the United States armed services within two years after he or she graduates from high school, the student is eligible to apply for a scholarship within seven years of the time he or she enters military service: Provided, however, That once discharged from the military, the student is only eligible to apply for one year from the date of discharge;
(B) For individuals with zero to fifteen credits from an institution of higher education, excluding credits earned in advanced placement and dual credit courses while the student is enrolled in high school, that the individual: (i) Maintain at least a 3.0 grade point average in the required core and elective course work necessary to prepare students for success in post-secondary education at the two-year and baccalaureate levels as determined by the board; and (ii) meet other criteria as established by the board: Provided, That an individual who meets all of the requirements, except the required minimum ACT score, for an initial award of a PROMISE scholarship prior to post- secondary enrollment, and who meets the full requirements for continued eligibility for a PROMISE scholarship during his or her freshman year of post-secondary enrollment, is eligible for a PROMISE scholarship for such future periods of post-secondary enrollment as the scholarship is available under the provisions of this article for persons who receive an initial award of the scholarship prior to post-secondary enrollment: Provided, however, That any scholarship recipient who fails to maintain the required minimum grade point average for continued eligibility shall have one probationary semester to achieve the required minimum grade point average before continued eligibility is terminated.
(C) For individuals with more than fifteen credits from an institution of higher education, excluding credits earned in advanced placement and dual credit courses while the student is enrolled in high school, that the individual attain and maintain appropriate academic progress toward the completion of a degree at the undergraduate education level as defined by the board; and
(D) For all individuals, additional objective standards as the board considers necessary to promote academic excellence and to maintain the financial stability of the fund;
(5) A provision requiring the student to be enrolled in or in the process of enrolling in an eligible institution as defined in section three of this article;
(6) Provisions for making the highest and best use of the PROMISE scholarship program in conjunction with the West Virginia prepaid tuition trust act set forth in article thirty, chapter eighteen of this code;
(7) A determination of whether to require scholarship recipients to repay the amount of their scholarship, in whole or in part, if they choose to work outside the state after graduation;
(8) A determination of whether to set aside a portion of the scholarship funds for targeted scholarships for applicants accepted or enrolled in an engineering program, science program, technology program or other designated programs;
(9) A determination of what other sources of funding for higher education, if any, should be deducted from the PROMISE scholarship award;
(10) A determination and clarification of the relationship of PROMISE scholarship awards to all other aid a student may receive to provide maximum coordination. The determination shall consider the following:
(A) Methods to maximize student eligibility for federal student aid dollars;
(B) A requirement that PROMISE scholarship awards not supplant tuition and fee waivers; and
(C) Clarification of the relationship between the PROMISE scholarship program, tuition savings plans and other state student aid and loan programs;
(11) A method for the award of scholarships within the limits of available appropriations; and
(12) A method for applicants to appeal determinations of eligibility and continuation.
(b) The Legislature hereby declares that an emergency situation exists and, therefore, the policy commission may establish by emergency rule, under the procedures of article three-a, chapter twenty-nine-a of this code, a rule to implement the provisions of this section. If established, the rules shall be filed with the legislative oversight commission on education accountability and with the office of the secretary of state on or before the first day of September, two thousand one.