MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Universities and Colleges
By: Representatives Snowden, Miles, Dixon
AN ACT TO AMEND SECTION 37-103-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STUDENTS AT COMMUNITY AND JUNIOR COLLEGES WHO ARE LEGAL RESIDENTS OF THE STATE, OR FOR STUDENTS WHO ARE MINORS, WHOSE FATHER, MOTHER, COURT-APPOINTED GENERAL GUARDIAN OR COURT-APPOINTED CUSTODIAL PARENT IS A LEGAL RESIDENT AND TAXPAYER OF THE STATE, SHALL NOT BE CHARGED BASIC TUITION FOR ATTENDING THE COLLEGE AS LONG AS THE STUDENT MAINTAINS AT LEAST A "C" AVERAGE IN HIS OR HER COURSEWORK AND FULL-TIME STATUS; TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY COMMUNITY COLLEGE OR JUNIOR COLLEGE TO DEVELOP AND IMPLEMENT A POLICY FOR WAIVING OUT-OF-STATE TUITION FOR THE COLLEGE WHEN THE POLICY IS DETERMINED BY THE BOARD TO BE FISCALLY RESPONSIBLE AND IN ACCORDANCE WITH THE EDUCATIONAL MISSION OF THE COLLEGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-103-25, Mississippi Code of 1972, is amended as follows:
37-103-25. (1) * * * Except as otherwise provided in this section, the Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.
(2) The boards of trustees of the community and junior colleges shall not charge basic tuition to any student who is a legal resident of the State of Mississippi, or for students under age twenty-one (21), whose father, mother, court-appointed general guardian or court-appointed custodial parent, as provided under Section 37-103-7, is a legal resident and taxpayer of the State of Mississippi, as long as the student is a regular recent high school graduate and maintains at least a "C" average in his or her coursework and full-time status of at least twelve (12) hours per semester or its equivalent. The student shall have tuition waived only after all grants and loans available to the student have been used. If a student fails to maintain a "C" average or full-time status, he shall be ineligible for the waiver and may not be eligible in the future.
(3) Except as otherwise provided in this subsection and subsections * * * (4) and (5) of this section, the total tuition to be paid by residents of other states shall not be less than the average cost per student from appropriated funds. However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:
(a) The nonresident student was born in the State of Mississippi but subsequently relocated and resided outside the state as a minor under the care of the minor's father or mother, or both;
(b) The nonresident student is a veteran who served in the Armed Forces of the United States;
(c) The nonresident student is domiciled in Mississippi no later than six (6) months after the nonresident student's separation from service, as evidenced by a Report of Separation from Military Service or other military discharge document, for the purpose of enrolling in a state institution of higher learning or a community or junior college;
(d) The nonresident student is an evacuee of an area affected by Hurricane Katrina or Hurricane Rita. This waiver shall be applicable to the 2005-2006 school year only; or
(e) The nonresident student's out-of-state tuition was waived according to subsection * * * (4) or (5) of this section.
(4) The Board of Trustees of State Institutions of Higher Learning may, in its discretion, consider and grant requests to approve institution specific policies permitting the waiver of out-of-state tuition when such an official request is made by the president or chancellor of the institution and when such request is determined by the board to be fiscally responsible and in accordance with the educational mission of the requesting institution.
(5) The board of trustees of any community college or junior college may develop and implement a policy for waiving out-of-state tuition for the college when the policy is determined by the board to be fiscally responsible and in accordance with the educational mission of the college. State funds shall be allocated and spent only on students who reside within the State of Mississippi; provided, however, associate degree nursing students who reside outside the State of Mississippi may be counted for pay purposes. Any community or junior college which elects to waive out-of-state tuition should work with local industries or businesses which would benefit from such an arrangement, to identify alternative sources of funds to compensate for the lack of state funding for such out-of-state students.
SECTION 2. This act shall take effect and be in force from and after its passage.