H. B. 2482
(By Delegates Mezzatesta, Michael, Doyle, Williams,
Stemple, Manuel and Harrison)
(Originating in the Committee on Education)
[January 29, 1999]
A BILL to amend and reenact sections three, four and six, article
five, chapter eighteen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section,
designated section seven, all relating to the higher
education grant program; administration by the senior
administrator; powers and duties of the senior
administrator; recipients, awards and distribution of awards
of grants; reciprocal agreements with other states
concerning grants; renewal of grant awards; transfer or
termination of grant award recipient; creation of the higher
education adult part-time student grant program; defined
terms; eligibility criteria; legislative rules; authority
of senior administrator to promulgate emergency rules; and
report to legislative oversight commission on education accountability.
Be it enacted by the Legislature of West Virginia:
That sections three, four and six, article five, chapter
eighteen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that said article be further amended by adding thereto a new
section, designated section seven, all to read as follows:
ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.
§18C-5-3. Grant program to be administered by senior
administrator; higher education grant fund
created.
The grant program established and authorized by this article
shall be administered by the senior administrator. Moneys
appropriated or otherwise available for such this purpose, shall
be allocated by line item to an appropriate account.
In addition to an amount no less than the amount of funds
available for the higher education grant program pursuant to the
repealed sections of article twenty-two-b, chapter eighteen of
this code prior to the effective date of this section, there may
be appropriated by the Legislature by line item, to the extent
that funds may be available, an additional one and one-half
million dollars per year for the next five years, beginning with
the fiscal year beginning on the first day of July, one thousand
nine hundred ninety-three.
§18C-5-4. Powers and duties of senior administrator.
Subject to the provisions of this article and within the limits of appropriations made by the Legislature, the senior
administrator is authorized and empowered to: (1) To Prepare and
supervise the issuance of public information concerning the grant
program; (2) to prescribe the form and regulate the submission of
applications for grants; (3) administer or contract for the
administration of such examinations as may be prescribed by the
senior administrator; (4) select qualified recipients of grants;
(5) award grants; (6) accept grants, gifts, bequests and devises
of real and personal property for the purposes of the grant
program; (7) administer federal and state financial loan
programs; (8) cooperate with approved institutions of higher
education in the state and their governing boards in the
administration of the grant program; (9) make the final decision
pertaining to residency of an applicant for grant or renewal of
grant; (10) employ or engage such professional and administrative
employees as may be necessary to assist the senior administrator
in the performance of the duties and responsibilities, who shall
serve at the will and pleasure and under the direction and
control of the senior administrator; (11) employ or engage such
clerical and other employees as may be necessary to assist the
senior administrator in the performance of the duties and
responsibilities, who shall be under the direction and control
of the senior administrator; (12) prescribe the duties and fix
the compensation of all such employees; and (13) administer the
adult part-time student higher education grant program
established under section seven of this article; and (14) promulgate reasonable rules and regulations propose legislative
rules in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code, not inconsistent with the
provisions of this article relating to the administration of the
higher education grant program and the adult part-time student
higher education grant program.
§18C-5-6. Recipients, awards and distribution of awards of
grants; authority of senior administrator to enter
into reciprocal agreements with other states
concerning grants.
The grant recipient shall be is free to attend any approved
institution of higher education in this state or any three-year
registered nurse diploma program which is approved by the West
Virginia board of examiners for registered professional nurses
and which is offered at a nonprofit West Virginia hospital.
The institution is not required to accept the grant
recipient for enrollment, but is free to exact compliance with
its own admission requirements, standards and policies.
Grants shall may only be made to undergraduate students and
to students enrolled in approved three-year registered nurse
diploma programs, as provided in this article.
Each grant is renewable until the course of study is
completed, but not to exceed an additional three academic years
beyond the first year of the award. These may not necessarily be
consecutive years, and the grant will be terminated if the
student receives a degree in a shorter period of time. Qualifications for renewal will include maintaining satisfactory
academic standing, making normal progress toward completion of
the course of study and continued eligibility, as determined by
the senior administrator.
Grant awards shall be made without regard to the applicant's
race, creed, color, sex, national origin or ancestry; and in
making grant awards, the senior administrator shall treat all
approved institutions of higher education in a fair and equitable
manner.
The senior administrator from time to time shall identify
areas of professional, vocational and technical expertise that
are, or will be, of critical need in this state and, to the
extent feasible, may direct grants to students that are pursuing
instruction in those areas.
The senior administrator may enter into reciprocal
agreements with state grant and grant program agencies in other
states which provide financial assistance to their residents
attending institutions of higher education located in West
Virginia. In connection therewith, the senior administrator may
authorize residents of West Virginia to use financial assistance
under this article to attend institutions of higher education in
such other states. Residents of West Virginia requesting
financial assistance to attend institutions of higher education
located in any such states must meet all of the eligibility
standards set forth in section five of this article.
Grant awards shall be are limited to the lesser of the payment of tuition and those related compulsory fees charged by
an institution to all West Virginia undergraduate students or an
amount equal to the average state general fund support for each
full-time equivalent student at state institutions of higher
education for the preceding academic year as calculated by the
senior administrator. Payments of grants shall be made directly
to the institution.
In the event that a grant recipient transfers from one
approved institution of higher education or approved three-year
registered nurse diploma program, to another approved institution
of higher education or approved three-year registered nurse
diploma program, the grant shall be is transferable only with the
approval of the senior administrator.
Should the recipient terminate enrollment for any reason
during the academic year, the unused portion of the grant shall
be returned by the institution to the appropriate governing board
in accordance with the governing board's policy for issuing
refunds, for transfer to the appropriate account and allocation
for expenditure pursuant to the provisions of this article.
§18C-5-7. Higher education adult part-time student grant.
(a) There is established as part of the higher education
grant program, which is established and authorized by this
article, the higher education adult part-time student grant
program, hereafter referred to as the HEAPS grant program.
(b) As used in this section, the following terms have the
meanings ascribed to them:
(1) "Approved distance education" means a course of study
offered via electronic access that has been approved for
inclusion in the applicant's program of study by the state
institution of higher education at which the applicant is
enrolled or has been accepted for enrollment;
(2) "Part-time" means enrollment for not less than three
nor more than eleven semester or term hours;
(3) "Satisfactory academic progress" means maintaining a
cumulative grade point average of at least 2.0 on a 4.0 grading
scale;
(4) "State institution of higher education" means any
community college; community and technical college; adult
technical preparatory education program or training, as that term
is defined in section one-b, article three-a, chapter eighteen-b
of this code; state college or university, as those terms are
defined in section two, article one, chapter eighteen-b of this
code; approved institution of higher education as that term is
defined in section two of this article; or any approved distance
education, including world wide web based courses.
(5) "State resident" means a student who has lived in West
Virginia continuously for a minimum of twelve months immediately
preceding the HEAPS grant award period of the institution to
which the student is making application;
(c) A person is eligible for consideration for a HEAPS
grant if the person:
(1) Demonstrates that he or she has applied for, accepted, or both, other student financial assistance programs in
compliance with federal financial aid rules, including the
federal Pell grant;
(2) Qualifies as an independent student according to
current federal financial aid criteria;
(3) Demonstrates financial need for funds, as defined by
legislative rule;
(4) Has not been enrolled in a high school diploma program,
other than general education development (GED), for at least the
two preceding years;
(5) Is a state resident and may not be considered a
resident of any other state;
(6) Is a United States citizen or permanent resident
thereof;
(7) Is not incarcerated in a correctional facility;
(8) Is not in default on a higher education loan; and
(9) Is enrolled in a program of study as an undergraduate
on a part-time basis at a state institution of higher education
and is making satisfactory academic progress at the time of
application: Provided, That the requirement that the student be
making satisfactory academic may not preclude a HEAPS grant award
to a student who has been accepted for enrollment in a program of
study but has not yet been enrolled.
(d)
Each HEAPS grant award is eligible for renewal until
the program of study is completed, without regard to the number
of academic years beyond the first year of the award.
(e)
The Legislature hereby declares that an emergency
situation exists and, therefore, the senior administrator may
establish by emergency rule, under the procedures of article
three-a, chapter twenty-nine-a of this code, legislative rules to
implement the provisions of this section, after approval by the
legislative oversight commission on education accountability,
which shall receive the proposed rule by the first day of
September, one thousand nine hundred ninety-nine.
(1) The rules shall provide for consideration concerning
financial need, as discussed in subdivision (3), subsection (c)
of this section, to include the following factors:
(A) Whether the student has dependents as defined by
federal law;
(B) Any personal hardship of the student as determined at
the discretion of the senior administrator; and
(C) Any other source of student financial aid to be
received by the applicant during the award period.
(2) The rules shall provide for the senior administrator to
establish by legislative rule an appropriate allocation process
for distribution of funds directly to the state institutions of
higher education, including an allocation directly to the
community college component of four-year institutions where
appropriate, based on the part-time enrollment figures of the
prior year. The rules shall further provide for any funds not
expended by an institution at the end of each fiscal year to be
returned to the senior administrator for distribution under the provisions of this section. The senior administrator shall also
provide by rule that part-time students be treated as students
enrolled in undergraduate courses offered at off-campus locations
for the purpose of assessment of athletic and student activity
fees.
(f) The amount of any HEAPS grant awarded per semester or
term hour to a student enrolled in an approved institution of
higher education, as that term is defined in section two of this
article, shall be based upon the average per credit hour tuition
and fee charges assessed by all public state institutions of
higher education during the previous year.
(g) The senior administrator shall report annually, by the
first day of December, on the status of the HEAPS grant program
to the legislative oversight commission on education
accountability.
(h) The HEAPS grant program is subject to any provision of
this article not inconsistent with the provisions of this
section.
NOTE: The purpose of this bill is to establish the Adult
Part-time Student Higher Education Grant program.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Section seven is new; therefore, strike-throughs and
underscoring have been omitted.
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