§ 21-16-1303 — Hathaway scholarship program; eligibility requirements

(a) There is created the Hathaway scholarship program for
Wyoming students.
(b) Under the Hathaway scholarship program, subject to
availability of funds as determined by the legislature, the
state shall provide a scholarship pursuant to W.S. 21-16-1304
and 21-16-1305 to any student who has been accepted by and
enrolls in an eligible institution to pursue a degree or
certificate, and who meets the following qualifications:
(i) The student has demonstrated Wyoming residency as
determined by the eligible institution at which the student is
enrolled;
(ii) The student has successfully completed a
curriculum as established under W.S. 21-16-1307 and meets
standards for admission to the eligible institution;
(iii) The student has:
(A) Graduated from an eligible high school or is
otherwise eligible under rules promulgated pursuant to W.S.
21-16-1308(b)(iii) and (iv). The department shall by rule and
regulation establish exceptions to the requirements of this
subparagraph for students who have attended an eligible high
school in Wyoming, but who subsequently graduate from a
secondary educational institution in another state or a foreign
country that is the equivalent of a high school. An exception
under this subparagraph shall be granted only if:
(I) The student's custodial parent or
lawful guardian is a Wyoming resident at the time of application
for a scholarship under this article and was a Wyoming resident
during the student's attendance at the eligible high school;
(II) The student's absence from this state
was due to the custodial parent's or lawful guardian's
employment requirements or was necessitated by other conditions
beyond the reasonable control of the parent or guardian; and
(III) Neither the student nor the student's
custodial parent or lawful guardian claimed residency in any
other state or foreign country for any purpose during the
student's high school attendance.
(B) Applied for a scholarship under this article
within four (4) years of the date of high school graduation, or
is otherwise eligible under rules promulgated pursuant to W.S.
21-16-1308(b)(iii) and (iv). The department shall by rule and
regulation establish exceptions to the requirement of this
subparagraph for military service, religious service and other
good cause shown; and
(C) The minimum high school cumulative grade
point average and minimum score, as determined through an equi-
percentile linking method, on a college entrance examination
administered throughout the United States and relied upon by
institutions of higher education to determine acceptance of
students for attendance or minimum cumulative career-technical
aptitude assessment score specified under this article for the
type of scholarship to be awarded.
(c) Notwithstanding W.S. 21-16-l301(a)(viii), students who
are Wyoming residents and graduates of an out-of-state high
school shall be deemed to have graduated from an eligible high
school for the purpose of qualifying under this article.
Notwithstanding W.S. 21-16-1301(a)(viii) or paragraph (b)(i) of
this section, a student whose custodial parent or guardian is in
active military service and maintains Wyoming as that parent's
or guardian's state of domicile is deemed to be a Wyoming
resident and if a high school graduate of a high school outside
of Wyoming accredited by the appropriate regional accrediting
agency shall be deemed to have graduated from an eligible high
school for the purpose of qualifying under this article.
(d) No student shall be eligible for a scholarship under
this article for more than the equivalent of eight (8) full-time
semesters. Except as provided by subsection (f) of this
section, no student shall be eligible for a scholarship under
this article for any semesters commencing after six (6) academic
years following the student's initial eligibility. For purposes
of this subsection a student's initial eligibility shall be
deemed to commence with the first semester in which the state is
obligated to reimburse an eligible institution for the student's
scholarship under this article. The department shall by rule
and regulation establish exceptions to this subsection for
military service, religious service and other good cause shown.
(e) A student is not eligible for a scholarship under this
article if he:
(i) Is not a United States citizen or a permanent
resident alien who meets the definition of an eligible
noncitizen under federal Title IV requirements or requirements
of a subsequent similar federal enactment;
(ii) Has not complied with United States selective
service system requirements for registration, if the
requirements are applicable to the student;
(iii) Is in default on a federal Title IV education
loan. Nothing in this paragraph prohibits a student who is
otherwise eligible for a scholarship under this article and has
fully repaid a defaulted loan or is no longer in default, from
receiving a scholarship for future academic semesters;
(iv) Owes a refund under a federal Title IV student
financial aid program or a subsequently enacted similar federal
student financial aid program, or a student financial aid
program administered through the state. Nothing in this
paragraph prohibits a student who is otherwise eligible for a
scholarship under this article and has fully paid the refund
owed, from receiving a scholarship for future academic
semesters;
(v) Is incarcerated;
(vi) Has been convicted of a felony in this state or
another jurisdiction and has not been granted an exception by
the department of education as provided for in W.S. 21-16-
1308(b)(v);
(vii) Does not otherwise qualify under this article
for a scholarship; or
(viii) Is currently receiving a scholarship under the
Wyoming's tomorrow scholarship program established under W.S.
21-16-1901 et seq.
(f) Students meeting the requirements of this subsection
shall not be subject to the six (6) academic year limitation on
scholarships under this article, the satisfactory academic
progress requirements of W.S. 21-16-1304(c)(i) and
21-16-1305(b)(i) or the continuous enrollment requirements of
W.S. 21-16-1304(c)(ii) and 21-16-1305(b)(ii), but shall be
subject to the following:
(i) Have been initially eligible for and received a
Hathaway scholarship;
(ii) Have received an associate of applied science
degree from an eligible institution;
(iii) Have engaged in a vocation related to the
associate of applied science degree after initially receiving a
Hathaway scholarship;
(iv) Within the earlier of eight (8) years of initial
Hathaway scholarship eligibility or four (4) years of last
attending an eligible institution while receiving a Hathaway
scholarship, have enrolled at the University of Wyoming or a
Wyoming community college to complete a baccalaureate of applied
science degree and have applied for reinstatement of the
student's Hathaway scholarship;
(v) Upon application for reinstatement of the
Hathaway scholarship, be subject to the maintenance grade point
average and other eligibility requirements under this article;
(vi) Upon reinstatement of eligibility, be subject to
the satisfactory academic progress requirements of W.S.
21-16-1304(c)(i) and 21-16-1305(b)(i) and the continuous
enrollment requirements of W.S. 21-16-1304(c)(ii) and
21-16-1305(b)(ii);
(vii) Not have received a Hathaway scholarship for
more than the equivalent of four (4) full-time semesters; and
(viii) Not be eligible for a scholarship under this
article:
(A) For more than a total of the equivalent of
eight (8) full-time semesters; nor
(B) For any semesters commencing after ten (10)
academic years following the student's initial eligibility.