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Mississippi Legislature· SB 2368Approved by Governor (Chapter 397)

Higher Education Legislative Plan Grant Program; amend., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Universities and Colleges

By: Senator(s) Boyd, Brumfield, Butler

Senate Bill 2368

(As Sent to Governor)

AN ACT TO AMEND SECTION 37-106-75, MISSISSIPPI CODE OF 1972,
TO REMOVE THE REQUIREMENT THAT STUDENTS COMPLETE THE COLLEGE PREPARATORY
CURRICULUM APPROVED BY THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER
LEARNING TO BE ELIGIBLE FOR FUNDS; TO REQUIRE THE STATE TO MAKE AWARDS TO
STUDENTS WHO MEET THE CRITERIA ESTABLISHED HEREIN; TO REMOVE THE REQUIREMENT
THAT THE BOARD PROVIDE FOR A PROCEDURE FOR WAIVER THROUGH THE 1996-1997
ACADEMIC YEAR; TO STIPULATE THAT APPLICANTS WHOSE FAMILIES HAVE AN ANNUAL INCOME
EQUAL TO $42,500.00 SHALL BE FOUND TO BE IN FINANCIAL NEED; TO REQUIRE THAT
STUDENTS BE DEEMED ELIGIBLE FOR A FEDERAL PELL GRANT PRIOR TO RECEIVING STATE
FUNDS UNDER THIS SECTION; TO AMEND SECTION 37-106-39, MISSISSIPPI CODE OF 1972,
TO REVISE THE DEFINITION OF "MISSISSIPPI LAW ENFORCEMENT OFFICER";
AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
37-106-75, Mississippi Code of 1972, is amended as follows:

37-106-75.  (1)  The
Legislature hereby establishes the Higher Education Legislative Plan Grant
Program.

(2)  For purposes of this
section:

(a)  "Institution
of higher education" shall mean any state institution of higher learning
or public community or junior college, or any regionally accredited, state-approved,
nonprofit two-year or four-year college or university located in the State of
Mississippi approved by the board.

(b)  "Tuition"
shall mean the semester or trimester or term charges and all required fees
imposed by an institution of higher education as a condition of enrollment by
all students.  However, for a two-year nonpublic institution of higher
education defined in paragraph (a), the tuition payments shall not exceed the
average charges and fees required by all of the two-year public institutions of
higher education defined in paragraph (a), and for a four-year nonpublic
institution of higher education defined in paragraph (a), the tuition payments
shall not exceed the average charges and fees required by all of the four-year
public institutions of higher education defined in paragraph (a).

(3)  Subject to the
availability of funds, the state may pay the tuition of students who enroll at
any state institution of higher education to pursue an academic undergraduate
degree who apply for the assistance under the program and who meet all of the
following qualifications:

(a)  Resident of the
State of Mississippi.  Resident status for the purpose of receiving assistance
under this chapter shall be determined in the same manner as resident status
for tuition purposes in Sections 37-103-1 through 37-103-29, with the exception
of Section 37-103-17;

(b)  Graduate from high
school within the two (2) years preceding the application with a minimum
cumulative grade point average of 2.5 calculated on a 4.0 scale;

* * *  (c)  Successfully complete, as certified by the high
school counselor or other school official, high school coursework which
includes the College Preparatory Curriculum (CPC) approved by the Board of
Trustees of State Institutions of Higher Learning and required for admission
into a state university;

( * * *dc)  Have a composite score on the
American College Test of at least twenty (20) on the 1989 version or an
equivalent concordant value on an enhanced version of such test;

( * * *ed)  Have no criminal record, except for
misdemeanor traffic violations; and

( * * *fe)  Be in financial need.

(4)  Subject to the
availability of funds, the state may pay the tuition of students who enroll at
any state institution of higher education to pursue an academic undergraduate
degree or associate degree who apply for assistance under the program and who
meet the qualifications in * * * paragraphs (a), (e) and (f) of subsection (3) * * * but who fail to meet one (1) of the particular
requirements established by paragraph (b), (c) or (d) of subsection (3) by an
amount of ten percent (10%) or less.

(5)  To maintain continued
state payment of tuition, once enrolled in an institution of higher education,
a student shall meet all of the following requirements:

(a)  Make steady
academic progress toward a degree, earning not less than the minimum number of
hours of credit required for full-time standing in each academic period
requiring such enrollment;

(b)  Maintain
continuous enrollment for not less than two (2) semesters or three (3) quarters
in each successive academic year, unless granted an exception for cause by the
board;

(c)  Have a cumulative
grade point average of at least 2.5 calculated on a 4.0 scale at the end of the
first academic year and thereafter maintain such a cumulative grade point
average as evaluated at the end of each academic year;

(d)  Have no criminal
record, except for misdemeanor traffic violations; and

(e)  Be in financial
need.

(6)  The provisions of this
section shall be administered by the board.  The board may promulgate rules for
all matters necessary for the implementation of this section.  By rule, the
board shall provide for:

(a)  A mechanism for
informing all students of the availability of the assistance provided under
this section early enough in their schooling that a salutary motivational
effect is possible; and

(b)  Applications,
forms, financial audit procedures, eligibility and other program audit
procedures and other matters related to efficient operation * * *;.

* * *  (c)  A procedure for waiver through the 1996‑1997
academic year of the program eligibility requirement for successful completion
of a specified core curriculum upon proper documentation by the applicant that
failure to comply with the requirement is due solely to the fact that the
required course or courses were not available to the applicant at the school
attended.

(7)  An applicant shall be
found to be in financial need if:

(a)  The family has one
(1) child under the age of twenty-one (21), and the annual adjusted gross
income of the family is less than or equal to Forty-two Thousand Five
Hundred Dollars ($42,500.00); or

(b)  The family has an
annual adjusted gross income of less than or equal to Forty-two Thousand
Five Hundred Dollars ($42,500.00) plus Five Thousand Dollars ($5,000.00) for
each additional child under the age of twenty-one (21).

The annual adjusted gross
income of the family shall be verified by completion of the Free Application
for Federal Student Aid (FAFSA) and the completion of the verification process
if the applicant is selected for it.

As used in this subsection,
the term "family" for an unemancipated applicant means the applicant,
the applicant's parents and other children under age twenty-one (21) of the
applicant's parents.  The term "family" for an emancipated applicant
means the applicant, an applicant's spouse, and any children under age twenty-one
(21) of the applicant and spouse.

(8)  No student shall
receive a grant under this section in an amount greater than the tuition
charged by the school.  The student must * * * apply be deemed eligible for a federal Pell
Grant prior to receiving state funds.

SECTION 2.  Section
37-106-39, Mississippi Code of 1972, is amended as follows:

37-106-39.  (1)  There is
established the Mississippi Law Enforcement Officers and Firefighters
Scholarship.

(2)  Except as provided in
this section, if any Mississippi law enforcement officer, full-time firefighter
or volunteer firefighter shall suffer or has suffered fatal injuries or wounds
or become permanently and totally disabled as a result of injuries or wounds
which occurred in the performance of the official and appointed duties of his
or her office, his or her spouse, child or children shall be entitled to an
eight-semester scholarship without cost, exclusive of books, food, school
supplies, materials and dues or fees for extracurricular activities, at any
state-supported college or university of his or her choice within this state.

(a)  No child shall be
entitled to receive benefits during any semester or quarter when said child has
reached the age of twenty-three (23) years on the first day of said semester or
quarter.  However, any child who has begun the process of acquiring college
credits under the provisions of this section prior to attaining the age of
twenty-three (23) years shall be entitled to the full eight-semester
scholarship if his or her college instruction was interrupted for any reason.

(b)  Scholarship
benefits shall not accrue hereunder to any person if the wounds or injuries
suffered by any law enforcement officer, full-time firefighter or volunteer
firefighter are self-inflicted or if his death is self-induced.

(3)  Eligibility for renewal
of the scholarship shall be evaluated each academic year at the end of each
semester or term.  As a condition for renewal, a student shall:

(a)  Make steady
academic progress toward a certificate or degree, as outlined in the school
Satisfactory Academic Progress Standards and certified by the institution's
registrar; and

(b)  Have a cumulative
grade point average of at least 2.5 calculated on a 4.0 scale at the end of
each academic year.

(4)  For the purposes of
this section, these words and phrases shall be defined as follows:

(a)  "Mississippi
law enforcement officers" shall be defined as follows:

(i) * * *  "State highway patrolmen" means all law
enforcement officers, regardless of department or bureau, of the Mississippi
Highway Safety Patrol.  Any law enforcement officer who is
certified and in good standing with the Board on Law Enforcement Standards and
Training;

* * *   (ii)  "Municipal police officers" means all
law enforcement officers of any municipality who are regular duty personnel on
full‑time status, auxiliary or reserve officers, or those serving on a
temporary or part‑time status.

(iii)
"Sheriffs" and "deputy sheriffs" means all law enforcement
officers of full‑time duty status on a regular basis serving the sheriff's
department of any county, deputy sheriffs who are engaged in administrative or
civil duty, auxiliary or reserve deputies, or deputy sheriffs serving in a
temporary capacity or part‑time basis.

( * * *ivii)  "Constables" means all
duly elected constables of any beat of any county within the state while
actually engaged in the performance of their duties concerning the criminal
laws of the county and state * * *.;

* * *   (v)  "Conservation officers" means all duly
appointed game wardens employed by the State of Mississippi on a full‑time
duty status while actually engaged in the performance of their duties
concerning the game laws of the state.

(vi)
"Alcoholic Beverage Control Division agents and inspectors" means all
duly appointed agents and investigators of the Alcoholic Beverage Control
Division of the Mississippi Department of Revenue on a full‑time duty
status while actually engaged in the performance of their duties concerning the
alcoholic beverage control laws of the state.

( * * *viiiii)  Members of the National Guard
serving as peace officers when ordered to state emergency duty under authority
vested in the Governor by the Constitution and laws of the state * * *.; and

* * *   (viii)  "Tax commission scales enforcement
officers" means all duly appointed scales enforcement officers of the
Mississippi Department of Revenue on a full‑time duty status while
actually engaged in the performance of their duties.

(ix)
Duly appointed agents of the Mississippi Bureau of Narcotics.

( * * *xiv)  Correctional * * *, probation and parole officers employed by the
Mississippi Department of Corrections.

(b)  "Mississippi
full-time firefighters" shall be defined as all firefighters employed by
any subdivision of the State of Mississippi on a full-time duty status while
actually engaged in the performance of their duties, and volunteer firefighters
shall be defined as any volunteer firefighter registered with the State of
Mississippi or a political subdivision thereof on a volunteer firefighting
status while actually engaged in the performance of firefighting duties.

(c)  "Child"
or "children" means natural children, adopted children or
stepchildren.

(d)  "Spouse"
means a person who was, at the time of the death of the decedent, legally
married to a Mississippi law enforcement officer, full-time firefighter, or
volunteer firefighter, or in the case of a law enforcement officer, full-time
firefighter or volunteer firefighter who suffered fatal injuries or wounds,
prior to or after March 13, 1990, who has not remarried.

(5)  (a)  Any law
enforcement officer, full-time firefighter or volunteer firefighter claiming
permanent and total disability shall be qualified or disqualified for a claim
under this section based on examination and review of the following four (4)
documents:

(i)  A letter from
the officer's or firefighter's former supervisor or employer stating whether
the officer or firefighter is disabled as a result of injuries or wounds that
occurred in the performance of the official duties of his office;

(ii)  A statement
from the officer's or firefighter's physician stating whether the officer or
firefighter is disabled and the reason for that disability;

(iii)  Verification
from the Public Employees' Retirement System; and

(iv)  Verification
from the Social Security Administration.

(b)  If the law
enforcement officer, full-time firefighter or volunteer firefighter suffered
fatal injuries or wounds, a claim under this section shall be based on
examination and review of the following two (2) documents:

(i)  A letter from
the officer's or firefighter's former supervisor or employer stating whether he
suffered fatal injuries in the performance of the official duties of his
office; and

(ii)  A death
certificate.

(6)  Any applicant qualified
and desiring a scholarship under the provisions of this section shall apply in
writing to the board.  The board shall make inquiries into each application and
shall make the investigation as it deems proper to establish and validate all
claims before a scholarship is granted.

SECTION 3.  This act
shall take effect and be in force from and after its passage.
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