ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2695
(By Delegates Michael, Stemple, Mezzatesta, Doyle, Williams,
Leach and Givens)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend chapter eighteen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six, relating to
higher education governing boards; creating the West
Virginia engineering, science and technology scholarship
program; legislative findings; legislative rules;
definitions; creating in the state treasury a special
revolving fund; scholarship agreements, limitations,
selection criteria, procedures, eligibility, compliance,
noncompliance, renewal, amount and duration; and relation of
scholarship award to other sources of financial aid.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article six, to read as
follows:
ARTICLE 6. WEST VIRGINIA ENGINEERING, SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
§18C-6-1. Scholarship fund created; purposes; funding; limit on
number of new scholarships per year.
(a) The purpose of this article is to attract talented
students to West Virginia colleges and universities to major in
engineering, science and technology. The Legislature recognizes
that a larger pool of engineering, science and technology talent
in West Virginia will build the state's economy and businesses.
In addition, long-term population increases for West Virginia
will develop a strong economic base. The new economy requires
that West Virginia retain its education infrastructure in order
to maintain economic growth.
(b) The higher education governing boards shall propose a
joint legislative rule in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code, to implement
the provisions of this article and shall file the rule with the
legislative oversight commission on education accountability no
later than the first day of December, one thousand nine hundred
ninety-nine. The rule shall provide for the administration of
the West Virginia engineering, science and technology scholarship
program by the senior administrator in furtherance of the
purposes of this article, including, but not limited to, an
expression of legislative intent that academic ability be the
primary criteria for selecting scholarship recipients,
scholarship selection criteria and procedures, renewal, compliance, noncompliance and repayment, deferral and excusal.
The rules also shall provide for appeal procedures under which a
recipient may appeal any determination of noncompliance. The
rules may provide for satisfaction of the work requirement
provided in paragraph (A), subdivision (2), subsection (a),
section four of this article through community service relating
to engineering, science or technology. In accordance with the
rules, the senior administrator shall establish appropriate
guidelines for program operation.
(c) There is hereby created in the state treasury a special
revolving fund known as the "West Virginia Engineering, Science
and Technology Scholarship Fund" to be administered by the senior
administrator solely for granting scholarships to prospective
engineers, scientists and technologists in accordance with this
article. Any moneys which may be appropriated by the
Legislature, or received by the senior administrator from other
sources, for the purposes of this article shall be deposited in
the fund. Any moneys remaining in the fund at the close of the
fiscal year shall be carried forward for use in the next fiscal
year. Any moneys repaid to the senior administrator by reason of
default of a scholarship agreement under this article also shall
be deposited in the fund. Fund balances shall be invested with
the state's consolidated investment fund, and any and all
interest earnings on these investments shall be used solely for
the purposes for which moneys invested were appropriated or otherwise received.
(d) The senior administrator may accept and expend any gift,
grant, contribution, bequest, endowment or other money for the
purposes of this article and shall make a reasonable effort to
encourage external support for the scholarship program.
(e) For the purpose of encouraging support for the
scholarship program from private sources, the senior
administrator may set aside no more than half of the funds
appropriated by the Legislature for West Virginia engineering,
science and technology scholarships to be used to match two state
dollars to each private dollar from a nonstate source contributed
on behalf of a specific institution of higher education in this
state.
(f) West Virginia engineering, science and technology
scholarships are limited to three hundred new scholarships per
year and a maximum of one thousand outstanding scholarships
during any year.
(g) Nothing in this article requires any specific level of
funding by the Legislature.
§18C-6-2. Definitions.
When used in this article the following terms have the
following meanings, unless the context clearly indicates a
different meaning:
(a) "ABET" means the accrediting board for engineering and
technology.
(b) "ABET approved engineering major" means a major approved
by ABET's engineering accreditation commission.
(c) "ABET approved technology major" means a major approved
by ABET's technology accreditation commission.
(d) "Eligible institution of higher education" means:
(1) A state institution of higher education as defined in
section two, article one, chapter eighteen-b of this code; and (2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, the College of West Virginia, Davis and Elkins
College, Ohio Valley College, Salem-Teikyo College, the
University of Charleston, West Virginia Wesleyan College and
Wheeling Jesuit College, all in West Virginia, and any other
institution of higher education in this state, public or private,
approved by the senior administrator: Provided, That if any
institution listed in this paragraph is not regionally
accredited, it shall not be included as an eligible institution;
(e) "Engineering, science and technology-related field"
means any position for which the employer provides a written
statement that engineering, science or technology skill,
knowledge and ability, as evidenced by the attainment of a
certificate, associate or baccalaureate degree in engineering,
science or technology, are preferred or required or where an
industry-based certification requirement exists.
(f) "Industry-based certification" means any special
certification required, necessary or deemed preferred for employment in the field.
(g) "Science" means a major in biology, chemistry, computer
science, physics or mathematics at an eligible institution of
higher education or any other major as approved by the higher
education governing boards by rule.
§18C-6-3. Selection criteria and procedures.
(a) The higher education governing boards shall designate an
existing scholarship selection agency or panel to select the
recipients of West Virginia engineering, science and technology
scholarships from among those applicants who meet eligibility
criteria set forth in subsection (b) of this section. If no such
agency or panel exists, the higher education governing boards
shall appoint a scholarship selection panel for this purpose
which shall consist of seven persons representative of West
Virginia engineering, science and technology higher education
administrators and educators, with a minimum of one voting member
representing community colleges, and one member representing West
Virginia engineering, science and technology professionals.
(b) To be eligible to receive a scholarship under the
provisions of this article, applicants must meet the following
conditions:
(1) Be a United States citizen or resident alien who meets
the definition of an eligible noncitizen under federal Title IV
requirements;
(2) Have a cumulative grade point average of 3.0 on a 4.0 grading scale upon graduation from high school or the equivalent
or have a cumulative grade point average of at least 3.0 on a 4.0
grading scale after completing two semesters of course work at an
eligible institution of higher education; and
(3) Be enrolled or accepted for enrollment in an
engineering, science or technology program leading to a
certificate, associate or baccalaureate degree at an eligible
institution of higher education. The program must be:
(A) An ABET approved technology major;
(B) An ABET approved engineering major;
(C) A science major;
(D) An engineering or technology program or major that has
been approved by the senior administrator; or
(E) A program leading directly to specialized certification
as established by appropriate industry standards.
(c) In accordance with the rules of the governing boards,
and the intent of this article, the senior administrator shall
develop criteria and procedures for the selection of scholarship
recipients that reflect the purposes of this article and the
areas in which particular efforts will be made in the selection
of recipients as set forth in section one of this article and
which may include, but not be limited to:
(1) The grade point average of the applicant;
(2) Involvement in extracurricular activities;
(3) Financial need;
(4) Current academic standing; and
(5) An expression of interest in a career in engineering,
science or technology as demonstrated in an essay written by the
applicant.
The criteria and procedures further may require the
applicant to furnish letters of recommendation from teachers and
others.
(d) In developing the selection criteria and procedures to
be used by the panel, the senior administrator shall solicit the
views of public and private engineering, science and technology
agencies and institutions and other interested parties. The
senior administrator shall collect this information by means of
written and published selection criteria and procedures in final
form for implementation. The senior administrator may call
public hearings on the present and projected engineering, science
and technology needs of the state or may use other appropriate
methods to gather such information.
(e) The senior administrator shall make application forms
for West Virginia engineering, science and technology
scholarships available to public and private high schools in the
state and other locations convenient to applicants, parents and
others and shall make an effort to attract students from low- income backgrounds, ethnic or racial minority students, students
with disabilities and women or minority students who show
interest in pursuing careers in engineering, science and technology and who are under-represented in those fields.
(f) In awarding the scholarships, the panel shall give
preference to applicants who are West Virginia residents.
(g) In awarding scholarships, not less than twenty percent
of appropriated funds may be awarded to students enrolled in
certificate and associate degree programs. Further awards will
be determined based on established statewide need.
§18C-6-4. Scholarship agreement.
(a) Each recipient of a West Virginia engineering, science
and technology scholarship shall enter into an agreement with the
senior administrator under which the recipient shall:
(1) Provide the governing boards with evidence of compliance
with subsection (a), section five of this article;
(2) Agree that within one year following the date the
recipient ceases to be a full-time student at an eligible
institution in a program of engineering, science or technology
education for which the scholarship was awarded he or she will:
(A) Begin working full-time in an engineering, science or
technology-related field in this state for a duration of not less
than one year for each year the scholarship was received; or
(B) Begin repayment of all or part of the West Virginia
engineering, science and technology scholarship received under this article plus interest and, if applicable, reasonable
collection fees, in accordance with subsection (b), section five- b of this article, except as provided in subsections (c) and (d),
of
section five of this article.
(b) A scholarship agreement shall disclose fully the terms
and conditions of this article under which the scholarship is
provided and under which repayment of the scholarship may be
required.
§18C-6-5. Renewal conditions; noncompliance; deferral; excusal.
(a) The recipient of a West Virginia engineering, science
and technology scholarship is eligible for scholarship renewal if
the recipient is:
(1) Enrolled as a full-time student in an eligible
institution of higher education;
(2) Pursuing a course of study leading to a certificate,
associate or baccalaureate degree in engineering, science or
technology or leading to specialized certification as established
by industry-based standards;
(3) Maintaining satisfactory progress as determined by the
eligible institution of higher education the recipient is
attending; and
(4) Complying with any other standards established by the governing boards by rule.
(b) A recipient who violates a scholarship agreement is
required to repay the amount of any scholarship award received,
plus interest, and, where applicable, reasonable collection fees,
on a schedule and at a rate of interest prescribed in the
guidelines of the senior administrator. The legislative rules
required in section one of this article shall provide for a
method of prorating repayment amounts against any amount of the
work requirement that has been fulfilled by the recipient.
(c) A recipient is not in violation of the agreement entered
into under section three of this article during any period in
which the recipient is:
(1) Pursuing a full-time course of study at an accredited
institution of higher education;
(2) Serving as a member of the armed services of the United
States for a period not in excess of four years; or
(3) Satisfying the provisions of additional repayment
exemptions that may be prescribed by the governing boards by
rule.
(d) A recipient is excused from repayment of a West Virginia
engineering, science and technology scholarship received under
this article if the recipient dies or becomes permanently and totally disabled as established by sworn affidavit of a physician
qualified to make such a determination as determined by the rules
established by the governing boards.
(e) The rules adopted by the governing boards shall provide
that the length of the repayment period may not exceed ten years:
Provided, That the rules may include provisions under which the
senior administrator may, if extenuating circumstances exist,
extend the period for fulfilling the obligation to fifteen years.
§18C-6-6. Amount and duration of scholarship; relation to other
assistance.
(a) Subject to subsection (b) of this section, each
recipient of a West Virginia engineering, science and technology
scholarship is eligible to receive an award of up to three
thousand dollars for each academic year of higher education. No
individual may receive a scholarship award for more than four
academic years for the completion of a baccalaureate degree.
(b) No individual may receive a scholarship award under this
article which exceeds the cost of attendance at the institution
the individual is attending. The cost of attendance shall be
based upon the actual cost of tuition and fees. If the amount of
the West Virginia engineering, science and technology scholarship
award and the amount of financial assistance which the recipient has received from all other sources exceed the cost of
attendance, the institution's financial aid officer, in
consultation with the recipient, will determine which source of
financial aid is to be reduced and shall do so in a manner to the
best advantage of the recipient.