H. B. 4049
(By Delegates Campbell, Williams, Perry, Paxton, Spencer,
Crosier, Fragale, Eldridge, Wysong, Leggett and Tansill)
(Originating in the Committee on Education)
[January 18, 2006]
A BILL to repeal §18B-14-9 of the code of West Virginia, 1931, as
amended; to repeal §18C-7-9 of said code; to repeal §18C-8-1,
§18C-8-2 and §18C-8-3 of said code; to amend and reenact
§18B-10-1 of said code; to amend and reenact §18C-1-1,
§18C-1-3 and §18C-1-4 of said code; to amend said code by
adding thereto a new section, designated §18C-1-5; to amend
and reenact §18C-5-1, §18C-5-2, §18C-5-3, §18C-5-4, §18C-5-5
and §18C-5-6 of said code; and to amend and reenact §18C-7-2,
§18C-7-3, §18C-7-4 §18C-7-5, §18C-7-6 and §18C-7-7 of said
code, all relating to state funded student financial aid;
need-based and merit-based student financial aid programs;
PROMISE scholarship program; higher education grant program;
abolishing the PROMISE scholarship program board; creating the
Higher Education Student Financial Aid Coordinating Board;
membership of said Coordinating Board; authorizing member
expense reimbursement; powers, duties and responsibilities of
said Coordinating Board; transferring powers, duties and responsibilities of PROMISE board to said Coordinating Board;
expanding certain legislative findings; establishing certain
legislative intent; requiring coordination and consultation
among entities for student financial aid administration;
creating the "higher education grand fund" special revenue
fund; establishing legislative intent regarding legislative
appropriation levels to the higher education grant fund and
the PROMISE scholarship fund; expanding eligibility for
PROMISE scholarship awards to certain students attending high
school outside the state; modifying PROMISE scholarship
eligibility requirements; limiting tuition and fee increase
levels for certain students; modifying the calculation for
determining student financial aid award levels for certain
higher education grant recipients; defining terms and
clarifying the definitions of certain terms; requiring
promulgation legislative rule and emergency rule; making
technical corrections; and repealing obsolete provisions.
Be it enacted by the Legislature of West Virginia:
That §18B-14-9 of the code of West Virginia, 1931, as amended,
be repealed; that §18C-7-9 of said code be repealed; that §18C-8-1,
§18C-8-2 and §18C-8-3 of said code be repealed; that §18B-10-1 of
said code be amended and reenacted; that §18C-1-1, §18C-1-3 and
§18C-1-4 of said code be amended and reenacted; that said code be
amended by adding thereto a new section, designated §18C-1-5; that
§18C-5-1, §18C-5-2, §18C-5-3, §18C-5-4, §18C-5-5 and §18C-5-6 of
said code be amended and reenacted; and that §18C-7-2, §18C-7-3, §18C-7-4 §18C-7-5, §18C-7-6 and §18C-7-7 of said code be amended
and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among the tuition and fees
any one or more of the following as defined in section one-b of
this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing systemwide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with respect to revenue bonds payable from such accounts, an institution
may expend funds from each such special revenue account for any
purpose for which funds were collected within that account
regardless of the original purpose for which the funds were
collected.
(c) The purposes for which tuition and fees may be expended
include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular activities.
Additionally, tuition and fees may be used to finance a student's
attorney to perform legal services for students in civil matters at
the institutions: Provided, That the legal services are limited
only to those types of cases, programs or services approved by the
administrative head of the institution where the legal services are
to be performed.
(d) The Commission and Council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.
(e) The Legislature finds that an emergency exists and,
therefore, the Commission and Council jointly shall file the rule
required by subsection.
(d) of this section as an emergency rule pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code,
subject to the prior approval of the Legislative Oversight
Commission on Education Accountability.
(f) The schedule of all tuition and fees, and any changes therein, shall be entered in the minutes of the meeting of the
appropriate governing board and the board shall file with the
Commission or Council, or both, as appropriate, and the Legislative
Auditor a certified copy of such schedule and changes.
(g) The boards shall establish the rates to be charged full-
time students, as defined in section one-b of this article, who are
enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions.
(h) All fees are due and payable by the student upon
enrollment and registration for classes except as provided in this
subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees
shall be paid prior to the awarding of course credit at the end of
the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally available to students for the payment of fees. The governing boards
may charge the students for the reasonable and customary charges
incurred in accepting credit cards and other methods of payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The Commission and Council jointly shall propose a rule in
accordance with the provisions of article three-a, chapter twenty-
nine-a of this code, defining conditions under which an institution
may offer tuition and fee deferred payment plans through the
institution or through third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.
(I) In addition to the other fees provided in this section,
each governing board may impose, collect and distribute a fee to be
used to finance a nonprofit, student-controlled public interest
research group if the students at the institution demonstrate
support for the increased fee in a manner and method established by
that institution's elected student government. The fee may not be
used to finance litigation against the institution.
(j) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with the tuition rule proposed by the Commission and Council
jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
Commission, Council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the Commission, Council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory
auxiliary fee is implemented;
(E) The Commission, Council or both, as appropriate, shall
certify to the Legislature by the first day of October in the
fiscal year following implementation of the fee, and annually
thereafter, the amount of fees collected for each of the five
years;
(4) Establish methodology, where applicable, to ensure that, within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.
(k) A penalty may not be imposed by the Commission or Council
upon any institution based upon the number of nonresidents who
attend the institution unless the Commission or Council determines
that admission of nonresidents to any institution or program of
study within the institution is impeding unreasonably the ability
of resident students to attend the institution or participate in
the programs of the institution. The institutions shall report
annually to the Commission or Council on the numbers of
nonresidents and such other enrollment information as the
Commission or Council may request.
(l) Tuition and fee increases of the governing boards, except
for the governing boards of the state institutions of higher
education known as Marshall University and West Virginia
University, are subject to rules adopted by the Commission and
Council jointly pursuant to this section and in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of
subdivision subdivisions (4)
and (8) of this subsection, a governing board of an institution
under the jurisdiction of the Commission may propose tuition and
fee increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half percent total includes the amount of increase over existing tuition
and fees, combined with the amount of any newly established,
specialized fee which may be proposed by a governing board.
(2)
Subject to the provisions of subdivision (8) of this
subsection, a governing board of an institution under the
jurisdiction of the Council may propose tuition and fee increases
of up to four and three quarters percent for undergraduate resident
students for any fiscal year. The four and three-quarters percent
total includes the amount of increase over existing tuition and
fees, combined with the amount of any newly established,
specialized fee which may be proposed by a governing board.
(3) The Commission or Council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4)
Subject to the provisions of subdivision (8) of this
subsection, the governing boards of Marshall University and West
Virginia University, as these provisions relate to the state
institutions of higher education known as Marshall University and
West Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident
students to the maximum allowed by this section without seeking
approval from the Commission; and
(B) Set tuition and fee rates for post-baccalaureate resident
students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of this subdivision do not apply to tuition
and fee rates of the administratively linked institution known as Marshall Community and Technical College, the administratively
linked institution known as the Community and Technical College at
West Virginia University Institute of Technology and the regional
campuses known as West Virginia University Institute of Technology
and West Virginia University at Parkersburg.
(5) Any proposed tuition and fee increase for state
institutions of higher education other than the state institutions
of higher education known as Marshall University and West Virginia
University requires the approval of the Commission or Council, as
appropriate. In determining whether to approve or deny the
governing board's request, the Commission or Council shall
determine the progress the institution has made toward meeting the
conditions outlined in this subdivision and shall make this
determination the predominate factor in its decision. The
Commission or Council shall consider the degree to which each
institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the Commission or
Council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for post-
secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the Commission or Council that an increase will be used to maintain high-quality
programs at the institution;
(E) Has demonstrated to the satisfaction of the Commission or
Council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(F) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(6) This section does not require equal increases among
institutions or require any level of increase at an institution.
(7) The Commission and Council shall report to the Legislative
Oversight Commission on Education Accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection.
(8) Notwithstanding any other provision of this code to the
contrary, a governing board shall use the method established in
this subdivision to set tuition and fee rates for resident students
receiving any state funded student financial aid administered by
the Vice Chancellor for Administration or the Higher Education
Student Financial Aid Advisory Council Coordinating Board.
(A) A governing board may propose tuition and fee increase for
such students of up to two percent for any fiscal year.
(B) The two percent total includes the amount of increase over
existing tuition and fees, combined with the amount of any newly
established, specialized fee which may be proposed by a governing board.
(C) This subsection applies to all state institutions of
higher education.
(D) Vice Chancellor for Administration and the Higher
Education Student Financial Aid Coordinating Board shall use the
tuition and fee rates set pursuant to this subdivision for the
purpose of calculating student financial aid award amounts for
students enrolled at institutions that are not state institutions
of higher education.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.
§18C-1-1. Administration generally.
The senior administrator jointly employed by the chancellors
of the board of trustees and the board of directors shall, as
provided in section two, article four, chapter eighteen-b of this
code, have
(a) The Vice Chancellor for Administration has a ministerial
duty to administer, oversee or monitor all state and federal
student loan, scholarship and state aid programs which are
administered at the state level in accordance with established
guidelines,
in consultation with and under the direction of the
governing boards under the direction of the policy commission and
council, and in consultation with the Higher Education Student
Financial Aid Coordinating Board.
(b) Such programs include, but are not limited to,
the following programs pursuant to the provisions of this chapter:
(1) The Guaranteed Student Loan Program,
under this article
which may be administered by a private nonprofit agency;
(2) The Medical Student Loan Program;
under article three of
this chapter
(3) The Underwood-Smith Teacher Scholarship Program;
under
article four of this chapter; the state scholarship program,
commonly known as
(4) The Engineering, Science and Technology Scholarship
Program;
(5) The West Virginia Higher Education Grant Program;
under
article twenty-two-b, chapter eighteen of this code
(6) The Higher Education Adult Part-time Student Grant
Program;
(7) The PROMISE Scholarship Program;
(8) The Higher Education Student Assistance Loan Program under
article twenty-two-d, chapter eighteen of this code;
(9) The West Virginia Higher Education Tuition Trust Act under
article thirty, chapter eighteen of this code, which shall be
administered by the State Treasurer as provided in said article;
(10) The state aid programs for students of optometry,
under
pursuant to article three of this chapter;
(11) The state aid programs for students of veterinary
medicine
under pursuant to section six-a, article eleven, chapter
eighteen of this code;
(12) Any reciprocal program and contract program for student aid under sections three and four, article four, chapter eighteen-b
of this code;
(13) Any other state level student aid program
under in this
code; and
(14) Any federal grant or contract student assistance or
support programs administered at the state level.
§18C-1-3. Legislative findings.
The Legislature finds that:
(1) Education attainment is inextricably linked to economic
development, and in the current global economy, the state is
competing not only with other states, but also with other
countries;
(2) The federal government no longer funds student financial
aid as generously as it has in the past. Therefore, the state must
commit to increase both access and affordability to higher
education opportunities for its students;
(3) In recent years the state has substantially increased
appropriations to both merit-based and need-based student financial
aid programs;
(4) The ultimate state goal in providing student financial aid
is to create a culture that values education, improve the quality
of the state's workforce, and thereby enhance the quality of life
for its citizens;
(5) The state can provide a successful system of student
financial aid only if it balances the needs of students from all
levels of financial need and academic ability;
(6) A comprehensive system of student financial aid will yield
the maximum return on the state's investment by increasing the
skills, qualifications and education achievement of citizens from
all backgrounds; and
(7) Sources of student financial aid can be distinguished as
providing either access or affordability to higher education;
(8) Access references a student's financial ability to pursue
post-secondary education, and affordability references a student's
choice regarding where to attend college based on available
resources;
(9) The state is committed to providing both access and
affordability for its students to pursue higher education
opportunities. To this end, it is essential that the state provides
multiple financial aid programs which accomplish different goals;
(10) The higher education grant program is a need-based
program that provides funding primarily to traditional college-age
students who do not have sufficient financial resources to attempt
post-secondary education;
(11) The West Virginia higher education grant program is a
vitally important source of financial assistance for needy
residents of the state and should continue to receive strong
financial support;
(12) The HEAPS grant program is a need-based program that
provides funding primarily to non-traditional college students,
including:
(A) Adult students who desire to pursue post-secondary education on a part-time basis and do not qualify for other forms
of financial assistance;
(B) Place-bound students who are often parents employed
full-time and requiring evening and weekend access to college
courses; and
(C) Individuals pursuing workforce training or skill
development training necessary to enter the job market quickly;
(13) The Underwood-Smith Teacher Scholarship Program is a
merit-based program that encourages students that have demonstrated
outstanding academic abilities to pursue teaching careers;
(14) The Underwood-Smith Teacher Scholarship Program serves to
meet West Virginia's statewide, geographic and discipline specific
need for highly qualified teachers;
(15) The West Virginia Engineering, Science and Technology
Scholarship Program is a merit-based program that encourages
talented students to pursue baccalaureate degrees in engineering,
science and technology related disciplines;
(16) The West Virginia Engineering, Science and Technology
Scholarship Program serves to fill a void in the pool of
individuals pursuing careers in engineering, science and technology
related fields;
(17) The PROMISE scholarship program is a merit-based program
that provides affordability to traditional college-age students;
(18) High school students are working harder to attain the
necessary grades and test scores to achieve the PROMISE
Scholarship;
(19) With an appropriate blend of student financial aid
programs, the state will have the necessary tools to educate its
citizenry for a broad range of economic opportunities;
(20) Without proper funding, lower income students may not
have their potential realized; adults may not obtain the training
they need to continue in the current and future workforce; and high
achieving students may not pursue rigorous study in high school or
stay in the state for college, all of which will likely result in
perpetuating the culture of educational underachievement; and
(21) The state must continue to strive to equally support the
need-based and merit-based student financial aid programs.
§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
of the higher education policy commission to the contrary, a person
who has met all other conditions of eligibility for state funded
financial aid, grants, or scholarships shall not be deemed
ineligible for state funded financial aid, grants or scholarship
based solely upon his or her attendance at a private high school
outside the state if: (1) During his or her attendance at the
school outside the state, the student was residing 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 either
(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
in this state and that 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
prior to immediately preceding the student's attendance at the
school;
(2) (B) The student commuted during the school term on a daily
basis from this state to
attend the school;
in another state
(3) (C) The student is a dependent of the parent or legal
guardian upon which eligibility is based;
and
(D) The student has not established domicile outside the
state;
and
(4) (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
the state of its
location that state to the degree acceptable to the
State
Superintendent of Schools;
of this state in his or her discretion
and
(5) (ii) The school's curriculum requirements for graduation
are
the same as 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 of this state in his or her discretion. (b) Nothing in
(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.
(b) This section may
not be construed to alter, amend or
extend any application deadlines or other requirements established
by law or policy.
(c) The provisions of this section expire on the thirtieth day
of June, two thousand ten.
§18C-1-5. Higher Education Student Financial Aid Coordinating
Board.
(a) The Higher Education Student Financial Aid Coordinating
Board is established. The purpose of the board is to:
(1) Advise the Vice Chancellor for Administration in all
matters related to federal, state and private student financial aid resources and programs;
(2) Monitor all state funded student financial aid sources and
programs;
(3) Pursue methods to balance the needs of students from all
levels of financial need and academic ability by focusing on
coordinating multiple financial aid programs which accomplish
different goals;
(4) Recommend to the Vice Chancellor for Administration
methods for achieving a comprehensive system of student financial
aid for the purpose of:
(A) Maximizing the return on the state's investment in such
programs by increasing the skills, qualifications and education
achievement of the citizens receiving the benefits; and
(B) Establishing methods for coordinating administration among
all state funded student financial aid programs so that the state
achieves the appropriate blend of student financial aid programs to
expand the range of economic opportunities available in the state;
(5) Direct the PROMISE Scholarship Program pursuant to the
provisions of article seven of this chapter.
(b) The board consists of nineteen members as follows:
(1) The chair of the Higher Education Policy Commission or a
designee who is a member of the commission;
(2) The Vice Chancellor for Administration;
(3) The State Superintendent of Schools or designee;
(4) The Secretary of Education and the Arts;
(5) The State Treasurer or designee;
(6) The president of the West Virginia Association of Student
Financial Aid Administrators;
(7) One state institution of higher education financial aid
coordinator, appointed by the Vice Chancellor for Administration;
(8) Two members of the West Virginia House of Delegates
appointed by the Speaker of the House of Delegates, who are ex
officio nonvoting members that serve only in an advisory capacity;
(9) Two members of the West Virginia Senate appointed by the
President of the Senate, who are ex officio nonvoting members that
serve only in an advisory capacity;
(10) Eight at-large private sector members who:
(A) Are representative of the state's business and economic
community;
(B) Have knowledge, skill and experience in an academic,
business or financial field;
(C) Are residents of the state; and
(D) Are appointed by the Governor with the advice and consent
of the Senate.
(c) No more than five members appointed by the Governor may be
from the same political party. No more than three such members may
be from the same congressional district. No more than three of the
legislative members may be from the same political party.
(1) Each member appointed by the Governor or Vice Chancellor
for Administration serves a term of four years and may be
reappointed upon expiration of the term.
(2) In the event of a vacancy among appointed members the Governor shall appoint a person for the remainder of the unexpired
term to represent the same interests as those of the original
appointee. A person appointed to fill a vacancy is eligible for
reappointment. Unless a vacancy occurs due to death, resignation
or removal pursuant to subsection (f) of this section, an appointed
member continues to serve until a successor has been appointed and
qualified as provided in subsection (b) of this section.
(d) Members of the board serve without compensation, but are
entitled to reimbursement by the policy commission for expenses,
including travel expenses, which are actually incurred by the
member in the official conduct of the business of the board.
Members are reimbursed in a manner consistent with the guidelines
of the Travel Management Office of the Department of
Administration.
ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.
§18C-5-1. Declaration of public need for grant assistance;
legislative findings; grant program established.
(a) The Legislature
declares finds:
(1) That although enrollments in institutions of higher
education in this state and throughout the nation continue to
increase at a rapid pace
and although the state now provides a
limited grant program for students attending an institution of
higher education in West Virginia there continues to exist an
underdevelopment of the state's human talent and resources because
of the inability of many able but needy students to finance a higher
educational education program;
the Legislature further
declares
(2) That the state can achieve its full economic and social
potential only if:
(A) Every individual has the opportunity to contribute to the
full extent of
the individual's capabilities and only if his or her
capability; and
(B) The state assists in removing such financial barriers to
the individual's educational goals as may remain after
the
individual he or she has utilized all resources and work
opportunities available;
to him
(3) The ultimate state goal in providing student financial aid
is to create a culture that values education, improve the quality
of the state's workforce, and thereby enhance the quality of life
for its citizens;
(4) The Higher Education Grant Program is a vitally important
source of financial assistance for needy residents of the state;
(5) The Higher Education Grant Program aids lower income
students to realize their full academic potential;
(6) In recent years the state has substantially increased
appropriations to need-based student financial aid programs;
(b) It is therefore the policy of the Legislature and the
purpose of this article to
establish continue, within the limits of
appropriations made
therefor from time to time for such purpose by
the Legislature,
a broad-scale state the Higher Education Grant
Program
which is designed to guarantee that the most able and needy students from all sectors of the state are given the opportunity to
continue their program of self-improvement in an approved
institution of higher education of their choice located in this
state.
§18C-5-2. Definitions.
(a) "Approved 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;
Alderson-Broaddus College, Appalachian Bible College, Bethany
College, Mountain State University, Davis and Elkins College, Ohio
Valley
College University, Salem International University, the
University of Charleston, West Virginia Wesleyan College and
Wheeling Jesuit
College University, all in West Virginia; and
(2) Any other regionally or nationally accredited institution
of higher education in this state, public or private, approved by
the Vice Chancellor
for Administration if the institution has been
licensed for a minimum of fifteen years subject to the provisions
of section
five, article three nine, article two-b, chapter
eighteen-b of this code and section
four, article one-b six,
article two-b of said chapter.
(b) "Grant" or "grant program" means a
higher education grant
or the
higher education grant program authorized and established by
the provisions of this article.
(c) "Senior administrator"
and "Vice Chancellor" means the
Vice Chancellor for Administration, as provided in section two,
article
one four, chapter eighteen-b of this code.
§18C-5-3. Grant program administered by Vice Chancellor for
Administration; higher education grant fund created.
(a) The grant program established
and authorized by this
article shall be in this article is administered by the
senior
administrator. Moneys appropriated or otherwise available for this
purpose, shall be allocated by line item to an appropriate account
Vice Chancellor for Administration.
(b) There is hereby created a special revenue fund in the
state treasury which is designated and known as the "higher
education grant fund."
(1) The fund consists of:
(A) All appropriations by the Legislature for the higher
education grant program;
(B) Any gifts, grants or contributions received for the higher
education grant program; and
(C) All interest or other income earned from investment of the
fund.
(2) The fund does not consist of federal funds received nor
higher education resource assessment funds received pursuant to
section two, article ten, chapter eighteen-b of this code.
(3) Any monies remaining in the fund at the close of the
fiscal year are carried forward for use in the next fiscal year.
(4) The allocations to the fund are subject to appropriation
by the Legislature.
(5) Nothing in this article requires any specific level of
funding by the Legislature nor guarantees nor entitles any individual to any benefit or grant of funds.
(c) For the fiscal year beginning the first day of July, two
thousand six, it is the intent of the Legislature to appropriate
twenty-five million dollars for the grant program. For each fiscal
year thereafter until and including the fiscal year ending the
thirtieth day of June, two thousand eleven, it is the intent of the
Legislature to appropriate two percent more than each prior year's
appropriation for the grant program. For the fiscal year beginning
the first day of July, two thousand twelve, and in each fiscal year
thereafter, it is the intent of the Legislature to appropriate an
amount for the grant program equal to the amount appropriated for
the fiscal year beginning the first day of July, two thousand
eleven.
(d) The vice chancellor may expend the monies in the fund to
implement the provisions of this article.
§18C-5-4. Powers and duties of Vice Chancellor for Administration.
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 Vice Chancellor may:
(1) Prepare and supervise the issuance of public information
concerning the grant program;
(2) 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) (4) Award grants;
(6) (5) Accept grants, gifts, bequests and devises of real and
personal property for the purposes of the grant program;
(7) (6) Administer federal and state financial loan programs;
(8) (7) Cooperate with approved institutions of higher
education in the state and their governing boards in the
administration of the grant program;
(9) (8) Make the final decision pertaining to residency of an
applicant for grant or renewal of grant;
(10) (9) Employ,
or engage such professional and
administrative fix the duties of and compensate such employees as
may be necessary to assist the
senior administrator Vice Chancellor
in the performance of
the his or her 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)
(10) Administer the
higher education adult part-time student
higher education grant program established
under in section seven
of this article.
§18C-5-5. Eligibility for a grant.
A person
shall be is eligible for consideration for a grant if
the person:
(1) Is a citizen of the United States;
(2) Has been a resident of the state for one year immediately
preceding the date of application for a grant or a renewal of a
grant;
(3) Meets the admission requirements of
and is admitted into
the approved institution of higher education to which admission is
sought;
and or meets the admission requirements of a three-year
registered nurse diploma program which is offered by a nonprofit
West Virginia hospital and approved by the West Virginia board of
examiners for registered professional nurses; and is subsequently
admitted
(4) Satisfactorily meets the qualifications of financial need,
and academic promise
as well as and academic achievement
as
established by the
senior administrator Vice Chancellor.
§18C-5-6. Recipients, awards and distribution of grant awards;
authority of Vice Chancellor to enter into reciprocal
agreements with other states concerning grants.
(a) A The grant recipient
is free to may 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 An
institution is not required to accept
the a grant recipient for enrollment, but
is free to may exact compliance with its own
admission requirements, standards and policies.
(b) Grants may only be
made awarded to undergraduate students.
and to students enrolled in approved three-year registered nurse
diploma programs as provided in this article.
(c) 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 The
academic years are not required to be consecutive years, and the
grant will be terminated if the student receives a degree in a
shorter period of time.
(d) Qualifications for renewal
will include
the following, as
determined by the Vice Chancellor:
(1) Maintaining satisfactory academic standing;
(2) Making normal progress toward completion of the course of
study; and
(3) Continued eligibility.
as determined by the senior
administrator. Grant awards shall be made
(e) Grants are awarded:
(1) Without regard to the applicant's race, creed, color, sex,
national origin or ancestry; and
in making grant awards, the senior
administrator
(2) In accordance with the provisions of this article.
(f) The Vice Chancellor shall treat all approved institutions
of higher education in a fair and equitable manner
when awarding
grants.
The senior administrator from time to time
(g) The Vice Chancellor periodically shall identify areas of
professional, vocational and technical expertise that are, or will
be become, of critical need in this state.
and To the extent
feasible
the Vice Chancellor may direct grants to students that are
pursuing instruction in those areas.
(h) The
senior administrator Vice Chancellor 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
Vice Chancellor 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 state must meet all of the
eligibility standards set forth in section five of this article.
(I) Grant awards
are limited to the lesser of the payment of
may not exceed the cost of the 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
(j) Grant payments are made directly to the institution.
(k) 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 is transferable only with the approval of the
senior administrator. Should the recipient terminate Vice
Chancellor.
(l) If a recipient terminates 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 commission in
accordance with the commission's policy for issuing refunds.
for
The commission shall transfer
such funds to the appropriate account
and for allocation
for and expenditure pursuant to the provisions
of this article.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-2. Legislative findings and purpose.
(a)The Legislature
hereby finds and declares that:
(a) The state's college-going rate does not compare favorably
with the member states of the southern regional education board
average, nor with the national average
(b) (1) West Virginia must have an educated work force in
order to attract and retain the high wage, high skill jobs of the
next twenty-first century;
(c) (2) A large percentage of West Virginia residents who graduate from the state's colleges and universities do not work in
the state following graduation;
(d) (3) The percentage of West Virginia's adult population
over the age of twenty-five with at least a
bachelor's degree is
only fourteen baccalaureate degree is less than fifteen percent and
does not compare favorably with the member states of the southern
regional education board average
or nor with the national average
of twenty-five percent;
(e) Increases in the level of education
increases the income earned by an individual, which enhances his or
her quality of life
(4) Higher levels of education attainment result in higher
levels of personal income over a lifetime;
(5) Students who acquire a baccalaureate degree will earn an
estimated one million dollars more over their lifetimes than those
who attain only a high school diploma. This translates into an
increased tax base and economic development for West Virginia and
more discretionary income for its citizens; (f) During the year
one thousand nine hundred ninety-seven, an individual holding a
bachelor's degree had an average earned income which was one
hundred seventy-seven percent of the average income earned by a
high school graduate;
(g) (6) Students at all
education levels should have an
incentive to perform at a high academic level;
(h) (7) There is a need to provide parents with all tools
possible to aid them in helping their children understand the
importance of high
academic achievement in high school and college;
(I) There is a financial need for many students who wish to attend
state institutions of higher education within the state;
(j) (8) The PROMISE scholarship program is highly successful
and should be maintained with merit as its strongest component, as
the merit component is:
(A) Providing an incentive for students to set high academic
standards in high school;
(B) Encouraging students to increase their high school
achievement levels;
(C) Encouraging students to enroll in more rigorous courses;
(D) Effecting a culture change in West Virginia towards
increased education attainment;
(E) Resulting in improved ACT scores in the state since the
inception of the program; and
(F) Influencing increased numbers of students, including those
students who are the highest academic achievers, to remain in West
Virginia to attend college.
(k) (b) It is the
intent purpose of this article to
establish
a continue the West Virginia PROMISE scholarship program to deal
effectively with the findings set forth in this section.
§18C-7-3. Definitions.
(a) "Eligible institution" means:
(1) A state institution of higher education as
is defined in
section two, article one, chapter eighteen-b of this code;
(2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College,
the College of West Virginia Davis and Elkins College,
Mountain State University, Ohio Valley
College University,
Salem International University, the University of Charleston, West
Virginia Wesleyan College and Wheeling Jesuit University, all in
West Virginia.
Provided, That If Any institution listed in this
subdivision is not
an eligible institution if:
(A) It is not regionally accredited;
or it shall not be
included as and eligible institution;
(B) It is not a private, not for profit institution.
(3) Any other regionally accredited institution in this state,
public or private, approved by the board.
(b) "Board" means the
West Virginia PROMISE scholarship board
of control of the West Virginia PROMISE scholarship program as
provided for in section four of this article. Higher Education
Student Financial Aid Coordinating Board created in section five,
article one of this chapter.
(c) "Tuition" means the quarter, semester or term charges
imposed by a state institution of higher education and all
mandatory fees required as a condition of enrollment by all
students.
(d) "Enrolled" means either currently enrolled or in the
process of enrolling in an eligible institution.
§18C-7-4. Transfer of PROMISE Scholarship Board of control powers
and duties.
(a) On the effective date of this section, the board of the
PROMISE scholarship program is abolished. As soon as practical after the effective date of this section, the governor shall
appoint the West Virginia PROMISE scholarship board of control
comprised of fifteen members as follows:
(1) The chairperson of the Higher Education Policy Commission
or a designee who is a member of the commission;
(2) The Chancellor of the Higher Education policy commission
or his or her designee;
(3) The State Superintendent of Schools or his or her
designee;
(4) The Secretary of Education and the Arts;
(5) The State Treasurer or his or her designee;
(6) Ten at-large private sector members representative of the
state's business and economic community; who have knowledge, skill
and experience in an academic, business or financial field. Any
member appointed by the governor prior to the effective date of
this section may continue to serve the term for which the member
has been appointed. The ten appointed members shall be residents
of the state. The ten appointed members shall be appointed by the
Governor with the advice and consent of the Senate. No more than
six of the ten appointed members may be from the same political
party. No more than four of the ten appointed members may be from
the same congressional district. Appointed members serve a term of
four years and may be reappointed at the expiration of their terms.
In the event of a vacancy among appointed members the Governor
shall appoint a person representing the same interests to fill the
unexpired term. A person appointed to fill a vacancy shall be appointed only for the remainder of that term and is eligible for
reappointment. Unless a vacancy occurs due to death, resignation
or removal pursuant to subsection (e) of this section, an appointed
member of the board shall continue to serve until a successor has
been appointed and qualified as provided in subsection (a) of this
section. Of the initial appointments, the governor shall appoint
three members to a one-year term, two members to a two-year term,
three members to a three-year term and two members to a four-year
term. Thereafter, all terms shall be for four years.
(c) Members of the board shall serve without compensation, but
shall be reimbursed by the office of the Secretary of Education and
the Arts for expenses, including travel expenses, actually incurred
by a member in the official conduct of the business of the board.
at the same rate as is paid the employees of the state.
(d) The Secretary of Education and the Arts is the chairperson
and presiding officer of the board. A majority of the members of
the board constitute a quorum for the transaction of business.
(e) The members appointed by the Governor may be removed by
the Governor for official misconduct, incompetence, neglect of duty
or gross immorality and then only in the manner prescribed by law
for the removal by the Governor of the state elective officers in
accordance with section five, article six, chapter six of this
code.
The PROMISE Scholarship Board of Control is abolished. All
powers and duties of the PROMISE Scholarship Board of Control are
transferred to the Higher Education Student Financial Aid Coordinating Board created in section five, article one of this
chapter.
§18C-7-5. Powers and duties of the Higher Education Student
Financial Aid Coordinating Board regarding the
PROMISE Scholarship program.
(a) In addition to the powers granted by any other provision
of this
article chapter, the board has the powers necessary or
convenient to carry out the purposes and provisions of this article
regarding the PROMISE Scholarship Program including, but not
limited to, the following express powers:
(a) (1) To adopt and amend bylaws;
(b) (2) To propose legislative rules for promulgation in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to effectuate the purposes of this
article;
(c) (3) To invest any of its funds at the board's discretion,
with the West Virginia investment management board in accordance
with the provisions of article six, chapter twelve of this code.
Any investments made under this article shall be made with the
care, skill, prudence and diligence under the circumstances then
prevailing that a prudent person acting in a like capacity and
familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims. Fiduciaries
shall diversify plan investments to the extent permitted by law so
as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
(d) (4) To execute contracts and other necessary instruments;
(e) (5) To impose reasonable requirements for residency for
students applying for the PROMISE scholarship.
Except as provided
in section four, article one of this chapter, the requirements
which shall include that an eligible student must have:
(A) Completed at least one half of the credits required for
high school graduation in a public or private high school in this
state; or
have been provided
(B) Received instruction in the home or other approved place
under pursuant to Exemption B, section one, article eight, chapter
eighteen of this code for the two years immediately preceding
application.
However, nothing in
(C) This subdivision may
not be construed to establish
residency requirements for matriculation or fee payment purposes at
state institutions of higher education;
(f) (6) To contract for necessary goods and services.
(A) The board may not hire employees, but may utilize for
administrative and technical assistance the employees of the Vice
Chancellor for Administration.
(B) Any services provided for the board by such employees
remains under the direction and authority of the Vice Chancellor.
to employ necessary personnel and to engage the services of private
persons for administrative and technical assistance in carrying out
the responsibilities of the scholarship program
(g) (7) To solicit and accept gifts,
including bequests or other testamentary gifts made by will, trust or other disposition
grants, loans and other
aids aid from any source,
or and to
participate in any
other way in any federal, state or local
governmental programs in carrying out the purposes of this
article;
(h) (8) To define the terms and conditions under which
scholarships
shall be are awarded with the minimum requirements
being set forth in section six of this article; and
(I) (9) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
(b) In addition to any duty required by any other provision of
this article, the board has the duty to operate the program in a
fiscally responsible manner and within the limits of available
funds. Each board member has a personal fiduciary responsibility
to assure the proper administration of the PROMISE scholarship
program pursuant to the provisions of this article.
§18C-7-6. PROMISE scholarship program requirements; legislative
rule.
(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 A PROMISE
scholarship annual award:
(1) Shall equal but not exceed the cost of tuition for a
student enrolled in a state institution of higher education;
(2) Shall equal an amount determined by the board, but not to exceed the cost of tuition at state institutions of higher
education, for a student enrolled in an eligible institution that
is not a state institution of higher education; and
(3) May not be used by an eligible institution to supplant a
tuition and fee waiver for which the individual is eligible
pursuant to sections five, six-a or seven, article ten, chapter
eighteen-b of this code.
(b) The total cost of all scholarships awarded in any year by
the board may not exceed the amount of funds available to the board
during that fiscal year.
(c) To be eligible to receive a PROMISE scholarship award an
individual shall:
(1) Submit a scholarship award application to the board:
(A) Within two years of graduating from high school;
(B) Within two years of acquiring a General Equivalency Degree
if provided instruction in the home or other approved place
pursuant to Exemption B, section one, article eight, chapter
eighteen of this code; or
(C) Within seven years of initially entering military service,
and within one year of discharge from such military service, if the
individual has entered the United States armed services within two
years after graduating from high school;
(2) Apply for and submit to the board a Free Application for
Federal Student Aid;
(3) Maintain a grade point average of at least 3.0 on a 4.0
grading scale in the required core and elective course work necessary to prepare students for success in post-secondary
education at the associate and baccalaureate degree levels as
determined by the board, if the individual has completed not more
than one semester or term at an institution of higher education,
excluding credits earned in advanced placement, international
baccalaureate, dual credit and comparable courses while the student
is enrolled in high school;
(4) Maintain appropriate academic progress as determined by
the board toward the completion of a degree at the undergraduate
education level if the individual has completed more than one
semester or term at an institution of higher education, excluding
credits earned in advanced placement, international baccalaureate,
dual credit and comparable courses while the student is enrolled in
high school;
(5) Achieve additional objective standards as the board
considers necessary to promote academic excellence and to maintain
the financial stability of the fund;
(6) Enroll in an eligible institution. Any student enrolled
at an eligible institution and receiving a PROMISE scholarship
award may retain and renew the scholarship to complete his or her
undergraduate education at that institution, or any other eligible
institution if:
(A) The institution at which the student is enrolled loses its
status as an eligible institution pursuant to the provisions of
subdivision (2), subsection (a), section three of this article; and
(B) The student meets all other renewal requirements of this code and board rules; and
(7) Perform prior to initial application at least twenty hours
of unpaid community service as approved or designated by the board.
Such service may include, but is not limited to, participation with
nonprofit, governmental or community-based organizations designed
to:
(A) Improve the quality of life for community residents;
(B) Meet the needs of community residents; or
(C) Foster civic responsibility.
(d) A PROMISE scholarship recipient may not renew an award and
forfeits future eligibility to renew if he or she earns a 1.0 or
lower grade point average on a 4.0 scale in any semester or term.
This section does not apply if the board determines in its
discretion that extenuating circumstances substantially contributed
to such grade point average.
(e) The board shall promulgate a legislative rule in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code
to implement the provisions of this
chapter. The rule is subject to prior approval by the Legislative
Oversight Commission on Education Accountability.
(1) The rule which shall include at least the following
provisions:
(1) A requirement that a scholarship will not pay an amount
that exceeds
(A) The amount of a scholarship award amount may not exceed
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) (B) The amount of
the a PROMISE scholarship
awarded award
in combination with aid from all other sources
shall may not
exceed the cost of education at the institution the recipient is
attending.
Provided, That this restriction This provision 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;
(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
(C) Additional objective standards as the board considers
necessary to:
(I) Promote academic excellence;
and to
(ii) Maintain the financial stability of the fund;
and
(iii) Operate the program within the limits of available
funds.
(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) (D) 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
(E) A provision defining the relationship of PROMISE
scholarship awards to all other
sources of student financial aid
a
student may receive to provide to ensure maximum coordination. The
determination shall consider provision shall include the following:
(I) Methods to maximize student eligibility for federal
student
financial aid;
dollars
(ii) A requirement that PROMISE scholarship awards not
supplant tuition and fee waivers; and
(C) (iii) Clarification of the relationship between the
PROMISE scholarship program, tuition savings plans and other state
funded student
financial aid
and loan programs;
(11) (F) A method for
the award of awarding scholarships
within the limits of available appropriations,
including
circumstances when program funds are not sufficient to provide
awards to all eligible applicants. The method may not provide for:
(I) A scholarship award for an amount less than the cost of
full tuition for a student enrolled in a state institution of
higher education; or
(ii) Elimination of any current recipient from eligibility;
(G) A provision regarding the community service performance
required by this section, including but not limited to:
(I) Designated qualifying community service organizations and
activities; and
(ii) A method for evaluating eligibility of service performed
with organizations and activities other than those designated by
the board;
(H) A provision for determining whether a PROMISE recipient
who earns a 1.0 or lower grade point average is eligible or
forfeits eligibility to renew the scholarship pursuant to the
provisions of subsection (d) of this section. and (12)
(I) A method for applicants to appeal determinations of
eligibility and
continuation renewal.
(2) The rule may provide for or require the following at the
board's discretion:
(7) (A) A recipient to repay the amount of the scholarship, in
whole or in part, if he or she chooses to work outside the state
after graduation;
(B) A portion of the scholarship funds to be targeted for
applicants enrolled in an engineering, science, technology or other
designated program;
(C) Other sources of funding for higher education to be deducted from the PROMISE scholarship award; and
(D) Additional criteria as determined by the board.
(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.
(3) The Legislature finds that an emergency exists and,
therefore, the board shall file a rule to implement the provisions
of this section as an emergency rule pursuant to the provisions of
article three-a, chapter twenty-nine-a of this code. The rule is
subject to the prior approval of the Legislative Oversight
Commission on Education Accountability.
§18C-7-7. West Virginia PROMISE scholarship fund created.
(a)
There is hereby created a The special revenue fund in the
state treasury
which shall be designated and known as the "PROMISE
scholarship fund"
is continued. The fund
shall consist consists
of:
(1) All appropriations to the fund from the West Virginia
lottery, video lottery
and taxes on amusement devices;
and any
other legislative appropriations, and any gifts, grants or
contributions received by the fund
(2) All appropriations by the Legislature for the PROMISE scholarship fund;
(3) Any gifts, grants or contributions received for the
PROMISE scholarship program; and
(4) All interest
or other income earned from investment of the
fund.
(b) The allocations to the fund
shall be are subject to
appropriation by the Legislature. Nothing in this article
shall
require requires any specific level of funding by the Legislature
nor
guarantee or entitle guarantees nor entitles any individual to
any benefit or grant of funds.
(c) For the fiscal year beginning the first day of July, two
thousand six, it is the intent of the Legislature that the
aggregate of the amount of monies transferred to the fund pursuant
to section eighteen-a, article twenty-two, chapter twenty-nine of
this code, and such other amounts of public monies that may be
transferred to the fund by appropriation of the Legislature, shall
equal but may not exceed forty million dollars. For each fiscal
year thereafter until and including the fiscal year ending the
thirtieth day of June, two thousand eleven, it is the intent of the
Legislature that this aggregate be an amount two percent greater
than the aggregate established by this subsection for the prior
fiscal year. For the fiscal year beginning the first day of July,
two thousand twelve, and in each fiscal year thereafter, it is the
intent of the Legislature that this aggregate not exceed the
aggregate established by this subsection for the fiscal year
beginning the first day of July, two thousand eleven.
(d) The board may expend the
moneys monies in the fund to
implement the provisions of this article.
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