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H.B. 64
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TUITION WAIVERS FOR WARDS OF THE
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STATE
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Richard M. Siddoway
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This act modifies provisions related to the State System of Higher Education by extending
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tuition waivers to wards of the state. The act provides for reimbursement of those waivers
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by the Division of Child and Family Services.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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53B-8d-101, Utah Code Annotated 1953
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53B-8d-102, Utah Code Annotated 1953
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53B-8d-103, Utah Code Annotated 1953
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53B-8d-104, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53B-8d-101
is enacted to read:
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CHAPTER 8d. TUITION WAIVERS FOR WARDS OF THE STATE ACT
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53B-8d-101. Title.
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This chapter is known as the "Tuition Waivers for Wards of the State Act."
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Section 2.
Section
53B-8d-102
is enacted to read:
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53B-8d-102. Definitions.
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As used in this chapter:
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(1) "Division" means the Division of Child and Family Services.
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(2) "Long-term foster care" means an individual who remains in the custody of the
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division, whether or not the individual resides with licensed foster parents or in independent living
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arrangements under the supervision of the division.
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(3) "State institution of higher education" means those institutions designated in Section
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53B-1-102
h
AND ANY PUBLIC INSTITUTION THAT OFFERS POSTSECONDARY EDUCATION IN
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CONSIDERATION OF THE PAYMENT OF TUITION OR FEES FOR THE ATTAINMENT OF
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EDUCATIONAL OR VOCATIONAL OBJECTIVES LEADING TO A DEGREE OR CERTIFICATE,
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INCLUDING BUSINESS SCHOOLS, TECHNICAL SCHOOLS, APPLIED TECHNOLOGY CENTERS,
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TRADE SCHOOLS, AND INSTITUTIONS OFFERING RELATED APPRENTICESHIP PROGRAMS
h .
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(4) "Tuition" means tuition at the rate for residents of the state.
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(5) "Ward of the state" means an individual:
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(a) who is at least 17 years of age and not older than 26 years of age;
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(b) who had a permanency goal in the individual's treatment plan, as defined in Sections
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62A-4a-205
and
78-3a-312
, of long-term foster care while in the custody of the division; and
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(c) for whom the custody of the division was not terminated as a result of adoption.
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Section 3.
Section
53B-8d-103
is enacted to read:
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53B-8d-103. Tuition waivers for wards of the state.
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(1) Beginning in the 2001-02 academic year, and subject to the limitations in Subsections
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(2), (3), and (4), a state institution of higher education shall waive tuition for each ward of the state
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who meets the following requirements:
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(a) applies, qualifies, and is admitted as a full-time, part-time, or summer school student
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in a program of study leading to a degree or certificate;
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(b) is a resident student of the state as determined under Section
53B-8-102
;
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(c) applies to the division for a waiver of tuition under this chapter and provides evidence
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satisfactory to the division that:
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(i) the applicant was in the custody of the division for an aggregate period of not less than
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24 months; and
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(ii) the course or courses for which the applicant is seeking a tuition waiver meet the
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requirements of Subsection (2);
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(d) applies under Subsection (1)(c) for the first time before the age of 22;
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(e) is certified by the financial aid officer at the higher education institution as needing the
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tuition waiver in order to meet recognized educational expenses;
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(f) maintains satisfactory academic progress, as defined by the institution of higher
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education, for each term or semester in which the individual is enrolled, which may be measured
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by the definition used for federal student assistance programs under Title IV of the Higher
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Education Act of 1965; and
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(g) has not achieved a bachelor's degree and has received tuition reimbursement under this
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chapter for less than 124 semester credits or 180 quarter credits at an institution of higher
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education.
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(2) A ward of the state is eligible for a tuition waiver under this section of not more than
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nine semesters.
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(3) Tuition shall be waived:
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(a) after the individual has applied for financial assistance, including scholarships and Pell
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Grants; and
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(b) only to the extent that the tuition is not covered or paid by any scholarship, trust fund,
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statutory benefit, Pell Grant, or any other source of tuition coverage available for a waiver under
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this chapter.
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(4) An institution of higher education shall waive tuition under this chapter only for
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courses that are applicable toward the degree or certificate requirements of the program in which
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the student is enrolled.
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Section 4.
Section
53B-8d-104
is enacted to read:
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53B-8d-104. Notice of tuition waiver approval -- Annual appropriation.
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(1) Upon receiving an application under Section
53B-8d-103
, the division shall determine
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whether the applicant and the courses for which tuition waiver is sought meet the requirements of
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Section
53B-8d-103
and, if so, shall approve the application and notify the higher education
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institution that the application has been approved.
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(2) The division shall provide the necessary forms and applications and cooperate with the
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state's institutions of higher education in developing efficient procedures for the implementation
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of this chapter.
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(3) The division shall reimburse the state's institutions of higher education for any tuition
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waived under this chapter.
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(4) The division shall annually report to the Legislature's Higher Education Appropriations
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Subcommittee on the number of individuals for whom tuition has been waived at each institution
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and the total amounts reimbursed by the division under this chapter for the fiscal year.
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(5) The Legislature may annually appropriate the funds necessary to implement this
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chapter, including moneys to offset the reimbursement of tuition waivers.
Legislative Review Note
as of 12-12-00 11:28 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.