§ 21-16-1308 — Administration; rules and regulations

(a) This article shall be administered by the department
in accordance with the following:
(i) Students shall make application for scholarships
under this article with the eligible institution at the time of
applying for admission or in any event prior to the beginning of
the semester at the eligible institution. The application shall
contain information as required by rule of the department. The
application shall require each applicant to verify under penalty
of false swearing under W.S. 6-5-303, that the applicant has not
been convicted of a felony in this state or another
jurisdiction;
(ii) Upon request of a student applying to an
eligible institution and initially applying for a Hathaway
scholarship, each school district shall provide to the eligible
institution an official transcript of the student's academic
record through the student's most recent semester of attendance.
Following graduation and upon the student's request the school
district shall also provide to the eligible institution an
official transcript of the student's complete academic record.
All transcripts provided pursuant to this paragraph shall
designate each course which satisfies the success curriculum
requirements established under W.S. 21-16-1307;
(iii) For students transferring from an eligible
institution to another eligible institution and making
application for continuance of a scholarship, the institution
from which the student is transferring shall at the student's
request provide an official transcript to the new institution
and shall provide a list of all semesters of attendance in which
a Hathaway scholarship was received by the student and, if
applicable, a list of all semesters for which a student
previously qualifying for a Hathaway scholarship was determined
ineligible for the Hathaway scholarship;
(iv) Each eligible institution receiving an
application from a student applying for a Hathaway scholarship
shall preliminarily determine the student's eligibility for the
scholarship. For students initially applying for a scholarship,
unless the student's complete academic record is available, the
GPA used to preliminarily determine eligibility shall be based
upon the student's official high school transcript after either
the end of the first semester of a student's senior year or the
second semester of a student's junior year, at the sole
discretion of the eligible institution. For students graduating
prior to their senior year the GPA used to preliminarily
determine eligibility shall be based upon the student's official
high school transcript as of the end of the semester immediately
prior to the last semester before the student's graduation.
High school GPAs for final eligibility determinations for
students initially applying for a scholarship under this article
shall be based upon the student's complete high school academic
record. Upon final determination of scholarship eligibility,
each community college shall certify to the community college
commission not later than thirty (30) days after the semester
commences, a list of students enrolled at the institution who
qualify for a scholarship under this article, including the
amount of each scholarship. The university shall certify to the
department within forty-five (45) days after the semester
commences a like list for students enrolled at the university.
The director of the community college commission shall verify
within ten (10) days after receiving all lists from community
colleges whether there is any duplication of students on the
community college lists, shall provide the lists to the
department and shall certify to the department the amount each
college is to receive under this article. Students attending
more than one (1) eligible institution shall enter into a
consortium agreement with the multiple institutions whereby the
student shall designate a home institution to be paid the entire
Hathaway scholarship amount for which the student qualifies;
(v) The department shall determine and certify to the
state treasurer the amount which is equal to seventy-five
percent (75%) of the total amount the eligible institution
received during the preceding semester under this subsection.
Not later than September 1 for the fall semester and not later
than January 15 for the spring semester, the state treasurer
shall pay from the scholarship expenditure account the amount
certified by the department. The department shall review the
lists provided under paragraph (iv) of this subsection,
determine whether there is any duplication of students, and
determine and certify to the state treasurer the balance of the
amount due under this article to each institution for the
semester. For any duplication, the department shall determine
whether the student is attending more than one (1) eligible
institution. If the student is attending multiple eligible
institutions payment of the Hathaway scholarship for which the
student qualifies shall be made only to the institution
designated as the home institution by the student. The state
treasurer shall pay from the scholarship expenditure account the
balance of the amount due. Payments of the balance due under
this paragraph shall be made not later than seventy-five (75)
days after the institution's semester has commenced. Payments
to the university shall be made directly to the university.
Payments to the community colleges shall be made directly to
each college and be reported by the state treasurer to the
community college commission. Should a prepayment under this
paragraph exceed the amount actually due the institution for any
semester, the excess amount shall be calculated by the
department and deducted from the next payment made. For
purposes of this subsection, payments due for summer terms shall
be included within the calculations and payments for the
subsequent fall semester.
(b) The department shall, in consultation with University
of Wyoming and community college admissions officers, the
Wyoming community college commission and financial aid officers
and school districts, promulgate rules and regulations necessary
to implement this article, including:
(i) A means for informing all students and their
parents or guardians of the availability of the scholarships
under this article in sufficient time to enable the student to
plan for and complete the success curriculum. The means shall
at a minimum include:
(A) A requirement that each written
communication from a school district to a parent or guardian of
a student include on any envelope used, or on the communication
if no separate envelope is used, a statement that the state of
Wyoming provides Hathaway merit and need scholarships to Wyoming
students attending the University of Wyoming and Wyoming
community colleges and that every Wyoming student who meets the
merit requirements can earn a Hathaway merit scholarship;
(B) A summary of available Hathaway scholarships
and requirements to earn a scholarship. The summary shall be
made available on the department's website on the Internet, the
World Wide Web or similar proprietary or common carrier
electronic system;
(C) Provision for each school district to
provide a one (1) week unit of instruction in the eighth grade
regarding preparation for post-secondary work, including an
overview of a curriculum needed to be successful in post-
secondary education, standardized test requirements,
scholarships available for post-secondary education and earning
differences anticipated at various post-secondary education
levels. The unit of instruction provided under this
subparagraph shall be developed by the department in
consultation with school districts and shall be delivered to
school districts. The department in consultation with the
school districts shall develop a program of a curriculum needed
to be successful in post-secondary education, standardized test
requirements, scholarships available for post-secondary
education and earning differences anticipated at various post-
secondary education levels;
(D) In addition to the unit of instruction
required under subparagraph (C) of this paragraph, and
commencing school year 2007-2008 and each school year
thereafter, provision of counseling services to students
enrolled in grades eight (8) through twelve (12) in accordance
with the following:
(I) Counseling shall be provided to each
student beginning in grade eight (8) on components of the unit
of instruction required under subparagraph (C) of this paragraph
including curriculum requirements of high school graduation,
curriculum requirements necessary for each of the Hathaway
scholarships, current achievement levels for the statewide
proficiency assessment, the importance of curriculum for career
options and the earning differences anticipated based upon
curriculum choices and at various levels of post secondary
education;
(II) Counseling for each successive year
following initial counseling in grade eight (8) shall include an
assessment of the student's course history and options available
as to future course selection and consequences attached to
selected course pathways;
(III) Counseling services shall be provided
by counselors or designated employees of the district;
(IV) Counseling in grades eight (8) and
nine (9) shall include a summary of the various Hathaway
scholarships and other information regarding scholarship
opportunities available to students and associated curriculum
and student performance requirements.
(ii) Applications, forms, financial and program audit
procedures, eligibility and other matters related to efficient
operation;
(iii) Criteria and procedures under which students in
a home-based educational program can qualify for scholarships
under this article. A student in a home-based educational
program:
(A) Shall make application for an initial
scholarship before his twenty-first birthday;
(B) Shall meet the initial eligibility
requirements of this article other than attendance and
graduation from an eligible high school and corresponding GPA
requirements, but shall comply with curriculum requirements
specified under W.S. 21-16-1307, as applicable;
(C) Who is otherwise eligible and who achieves
the requisite minimum national percentile rank score or
requisite cumulative career-technical aptitude assessment score
shall be eligible for the scholarships provided under this
article at the same level and to the same extent as students
graduating from eligible high schools.
(iv) Criteria and procedures under which students who
receive a high school equivalency certificate can qualify for
scholarships under this article. A student receiving a high
school equivalency certificate shall:
(A) Receive the certificate and make application
for the initial scholarship no later than four (4) years after
and no sooner than the graduation date of the student's high
school class, unless ordered by a court to complete the
requirements for the certificate prior to that graduation date
or for other good cause shown as determined by the department.
For purposes of making application prior to the graduation date
of the student's class, "other good cause" shall include, but is
not limited to, a showing by the student that the student has
been emancipated under W.S. 14-1-201 through 14-1-206 or that
the student is a parent or a legal guardian of a minor. The
student shall have attended an eligible high school prior to
receiving his certificate and shall have received his
certificate while residing in Wyoming;
(B) Meet the initial eligibility requirements of
this article other than curriculum requirements, attendance and
graduation from an eligible high school and corresponding GPA
requirements;
(C) If otherwise eligible, be eligible for a
scholarship at scores under alternative instruments included
within the high school equivalency certificate, as set by rule
and regulation of the Wyoming community college commission,
which are comparable to GPA requirements specified under W.S.
21-16-1304 corresponding to the applicable Hathaway opportunity,
performance and honor scholarship or under W.S. 21-16-1305
corresponding to the Hathaway provisional opportunity
scholarship.
(I) Repealed By Laws 2013, Ch. 25, § 2.
(II) Repealed By Laws 2013, Ch. 25, § 2.
(III) Repealed By Laws 2013, Ch. 25, § 2.
(v) Criteria, which shall include satisfactory
completion of all terms and conditions imposed upon the
applicant by the court in which the felony conviction was
obtained, in order to determine when an exception may be granted
to W.S. 21-16-1303(e)(vi) to allow the person to receive a
scholarship under this article;
(vi) A means for informing all Hathaway scholarship
recipients, at the time they are notified of the scholarship
award, of the origin of the Hathaway scholarship program and the
individual for whom the program is named including his
biographic data and describing in particular his commitment to
this state and to the promise of the youth of this state;
(vii) Implementing success curriculum requirements as
authorized by W.S. 21-16-1307;
(viii) Any other rules and regulations necessary for
the implementation and administration of this article.
(c) The department shall establish annual reporting
procedures for purposes of policy analysis and program
evaluation and providing accurate data to the legislature and
governor relative to the program's impact on the state and on
students. In developing the annual reporting procedure the
department shall consult with the University of Wyoming and
community college financial aid officers and registrars or their
designees. It is the intention of the legislature that the
reporting system and the requirements thereof shall be
applicable to all recipients of scholarships under this article.
Compliance with this section shall be made a condition of
receiving a scholarship under this article. For any student
attending more than one (1) eligible institution, the home
institution shall be responsible for data reporting for that
student, and any other eligible institution shall cooperate as
necessary with the home institution to fulfill that duty. The
reporting system shall include the following information:
(i) A report prepared for each semester or equivalent
periods of time during each academic year relative to the rate
of retention of program participants;
(ii) Scholarships by students as they progress from
semester to semester or other equivalent periods of time as may
be applicable once enrolled at an eligible institution. The
data shall be reported by institution attended, by the
instructional program, and by scholarship category and shall
include the percent of students losing scholarship eligibility
due to not earning the minimum number of credit hours, the
percent of students losing scholarship eligibility due to not
having the required cumulative grade point average, the percent
of students losing scholarship eligibility for failing to make
satisfactory academic progress and the percentage of students
losing scholarship eligibility for failing to enroll. The same
information shall also be reported by categories showing those
students qualifying through career-technical aptitude assessment
scores and scores on high school equivalency certification, and
by the group of students who attended a home-based educational
program and did not graduate from an eligible high school;
(iii) The persistence rates at the eligible
institutions of freshmen, sophomore, junior and senior students
receiving a scholarship reported by scholarship category and by
award year;
(iv) The graduation rates or rates of completion of
the chosen post-secondary education program if otherwise
applicable for students receiving a scholarship reported by
scholarship category and award year, including for those
graduating with an academic degree at the baccalaureate level
the rate for persons graduating within four (4) years, within
five (5) years and within six (6) years, respectively and
including for those graduating with a certificate or associate
degree the rate for persons graduating within one (1), two (2)
and three (3) years;
(v) The mean length of time required for a student
receiving a scholarship under this article to graduate with a
degree or to complete the certificate program with such
information being reported by scholarship category and by award
year;
(vi) An annual report on the number of applicants as
well as the percent of high school graduates by high school
district who meet the success curriculum requirements, the
percent who apply for a scholarship by scholarship category, and
the percent of those students who are awarded a scholarship and
subsequently enroll in an eligible institution;
(vii) Repealed by Laws 2019, ch. 102, § 2.
(viii) Repealed by Laws 2019, ch. 102, § 2.
(d) The annual report by the department shall be submitted
to the governor and the legislature in accordance with W.S.