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Introduced Version Senate Bill 659 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 659

(By Senators Deem, Wells, Oliverio and Stollings)

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[Introduced February 22, 2010; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d; and to amend and reenact §18C-1-4 of said code, all relating to permitting children of certain military personnel who intend to establish residency in West Virginia to qualify for resident tuition rates and state-funded student financial aid, grants and scholarships; and establishing other eligibility criteria.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-10-1d; and that §18C-1-4 of said code be amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1d. Resident tuition rates and eligibility for state funded student financial aid, grants and scholarships for children of certain military personnel.

(a) The terms "resident", "residency", "legal residence", or any other term or expression used to designate a West Virginia resident student, when used to determine the rate of tuition to be charged students attending community colleges and state-related and state-owned institutions of higher education and when used to determine eligibility for state funded student financial aid, grants and scholarships pursuant to section four, article one, chapter eighteen-c of this code includes students who resided and attended high school in another state or a United States territory, United States possession or foreign country and:
(1) The student resided with his or her parent or legal guardian; and
(2) The student's parent or legal guardian:
(A) Served in the United States Armed Forces while the student attended high school in such state, territory, possession or country;
(B) Was stationed for military purposes in such state, territory, possession or country; and
(C) Indicates to the applicable entity determining residential status that he or she intends to establish permanent residency in West Virginia.
(b) A student who qualifies as a resident, as that term is defined in subsection (a) of this section, on the first day of the semester or term of the college or institution, shall be charged resident tuition rates.
(c) No student may qualify as a resident under this section for more than one year. Therefore, any student who cannot establish residency independent of this section after one year is no longer eligible for in-state tuition or state funded student financial aid, grants and scholarships pursuant to section four, article one, chapter eighteen-c of this code.
(d) The provisions of this section apply at the beginning of the semester or term immediately following the effective date of this section.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.

ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.
§18C-1-4. Eligibility of commuting students and children of military personnel for state funded student financial aid, grants and scholarships.

(a) Notwithstanding any other provision of this code or rule to the contrary, a student who attended a public or private high school outside the state is eligible for state funded student financial aid, grants and scholarships if:
(1) The student meets all other eligibility requirements for the aid, grant or scholarship; and
(2) The student resided in West Virginia while attending high school in another state, and:
(A) The student resided with his or her parent or legal guardian who:
(i) Was a resident of this state; and
(ii) Had been a resident of this state for at least two years immediately preceding the student's attendance at the school;
(B) The student commuted during the school term on a daily basis from this state to the school;
(C) The student is a dependent of the parent or legal guardian upon which eligibility is based;
(D) The student has not established domicile outside the state; and
(E) At the discretion of the state superintendent of Schools, as defined in section one, article one, chapter eighteen of this code:
(i) The school is fully accredited in that state to the degree acceptable to the state superintendent of Schools; and
(ii) The school's curriculum requirements for graduation are equivalent to the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the state superintendent of Schools; or
(3) The student resided and attended high school in another state or a United States territory, United States possession or foreign country and:
(A) The student resided with his or her parent or legal guardian; and
(B) The student's parent or legal guardian:
(i) Served in the United States Armed Forces while the student attended high school in such state, territory, possession or country;
(ii) Was stationed for military purposes in such state, territory, possession or country; and
(iii) Maintained legal residence in West Virginia while stationed in such state, territory, possession or country or has established and maintains legal residence in West Virginia immediately after being stationed in such state, territory, possession or country.
(b) This section does not alter, amend or extend any application deadlines or other requirements established by law or policy.


NOTE: The purpose of this bill is to provide for resident tuition rates and eligibility for state funded student financial aid, grants and scholarships for a limited duration for children of certain military personnel indicating an intent to establish residency in West Virginia and meeting certain other requirements.


§18B-10-1d is new; therefore, strike-throughs and underscoring have been omitted.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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