Wyo. Code R. 057-0001-5
Effective Date: 12/05/2008 to 10/06/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 057.0001.5.12052008
Wyoming Statute § 21-18-202(c) assigns the Commission’s administrative functions.
This chapter governs the Commission’s administrative functions.
(a) The Commission adopted the Base-Plus Funding Allocation Model June 23, 1999 to achieve funding equity among the colleges and to secure funding parity with comparators. The base allocation is intended to support the operation and maintenance of the college system and to address equity and parity. The plus allocation is intended to address incentive or performance funded initiatives. Emergency rule changes adopted on September 6, 2001 modify the funding allocation model. Permanent rule changes certified on April 5, 2005 further modify the comparator based funding model.
(b) Comparator institutions were selected from the most recent IPEDS database as of August 1, 2001, and were chosen for their similarity to all 7 Wyoming colleges. Wyoming colleges are comprehensive community colleges and hence, should be compared to other comprehensive community colleges. The defining criteria of comprehensive community colleges begins with the following characteristics: two-year, public, post-secondary institutions in the 50 states that are not service schools and not in outlying areas outside the U.S. proper, and that participate fully in Federal Title IV programs, not as a branch of a participating main campus. Colleges having the following characteristics were deleted to increase the similarity of the comparators to Wyoming’s colleges: 1) colleges not offering associate degree awards, and those that report offering the degree but did not actually award any during the previous two years; 2) colleges with less than 25 % of their 1 to 4-year awards being associate degrees (as a two-year average of the most recent IPEDS); 3) colleges having no certificate programs of at least one but less than two years, and those that awarded no such certificates over the same two years; 4) colleges that report no occupational offerings, as well as those that report no academic offerings; 5) colleges with no self-funded library; 6) colleges with no regional accreditation; 7) colleges with zero awards in either skilled trades or health fields and those with more than half of their awards in either of those areas; 8) colleges that are not on a semester-based calendar system; 9) colleges in large metropolitan areas (whether central city or urban fringe); 10) historically Black colleges, tribal colleges, and those with 50% or more minority students (Blacks, Native Americans, Hispanics, and Asians); 11) colleges with zero part-time faculty or zero institutional financial aid (using two-year averages from the most recent IPEDS); 12) colleges with an average FTE of less than 500 or more than 3,000, those with an average fall headcount of less than 500 or more than 5,000, those with an average 12-month unduplicated headcount of more than 9,000, those with a dormitory capacity greater than 900, and colleges reporting a replacement cost for their buildings of less than $10 million or more than $110 million (all these size characteristics being based on two-year averages); in addition colleges that regression diagnostics reveal have a pronounced influence on the regression slopes in predicting revenue per FTE will be deleted from the comparator pool when the model is run
(i) The resulting comparator colleges are entered into a multiple regression analysis. A&G (Academic and General) revenue is defined as the difference between total current funds revenue and auxiliary revenues on the IPEDS Finance Survey (pre GASB 34/35 implementation), or as “total operating revenues” plus “total non-operating revenues” plus “discounts and allowances applied to tuition and fees” minus “sales and services of auxiliary enterprises” (post GASB 34/35 implementation). WPTV will be classified as an auxiliary and the associated revenues will not be included in A&G revenue. Additional mill levy funds “above the five mills” designated for repair and maintenance or capital construction will be classified as capital revenues and will not be included in A&G revenue. The final regression equation, using A&G revenue per FTE (most recent two years averaged) as the dependent variable, consists of the following predictor variables: 1) natural log of average student FTE; 2) natural log of average building replacement cost (pre GASB 34/35); 3) percent of students who are non-minority; 4) average percent of full-time, degree-seeking students on financial aid; 5) average percent of full-time, degree-seeking students with student loans; 6) average percent of headcount faculty who are part-time; 7) average percent of fall headcount students who are part-time; 8) average percent of 1 to 4 year first major awards that are Associate degrees; and 9) percent Associate, squared. Post GASB 34/35, the building cost used for variable (2) in this list will be ending book value rather than replacement cost. In the IPEDS data for 2002, for the subset of comparators that have already implemented GASB 34/35, building replacement value as of 2002 will be calculated as replacement value in 2001 multiplied by the proportional difference between ending book value and beginning book value for 2002.
(ii) Consistency of comparator data will be sought by examining the distributions of all the regression variables, comparing them between years, and identifying outliers. Anomalous data elements that cannot be otherwise resolved will be recoded to missing data. In constructing the two-year averages of the regression variables, missing data in either year will be replaced by the value for the other year. Any remaining missing data will be handled through mean substitution in the regression analysis. Consistency of reporting across the Wyoming colleges will be sought through sharing and comparing the figures reported to IPEDS, with corrections made to the data as needed before running the model. Missing data will not be permitted from any Wyoming college on any of the regression variables.
(iii) Each Wyoming college has a target revenue per FTE, namely its predicted revenue from the final regression presented in paragraph 3(b)(i) above. The difference between the actual revenue per FTE and the target revenue per FTE gives the dollars per FTE that the college is either under-funded or over-funded, relative to the average revenue of comparators with the same combination of characteristics on the predictor variables in the regression. Alternatively, that difference is increased by the following amount: 0.675 times the regression standard error of estimate. This alternative calculation gives the dollars per FTE of under-funding or over-funding, relative to the 75th percentile of the comparators. Multiplying either of these dollar-per-FTE differences times the college's average FTE enrollment yields the total dollar amount of yearly under-funding or over-funding for each college.
(iv) The system-wide, biennial parity gap is calculated as two times the sum of all the negative dollar amounts (the under-funding amounts) calculated in one of the two ways detailed in the preceding paragraph. Using the IPEDS data in this way necessarily yields a parity gap figure as of the end of the preceding biennium, based on total A&G revenue. To update that figure to the current biennium, data will be sought from the Chronicle of Higher Education or another reputable source. The change in funding for higher education nationwide will be compared to the change in Wyoming's community college funding over the same time period. The resulting value will be used to calculate an approximately updated figure. The updated figure will be less than the original figure if Wyoming's community colleges received a percentage increase in funding greater than the national increase (or a decrease that was less than the national decrease). The updated figure will be greater than the original figure if Wyoming's community colleges received a lower percentage increase (or a greater decrease) than the national average. In either case, the result will then be further adjusted to approximate the amount of the gap that reflects revenues available to support operating costs. The final adjustment will be calculated by multiplying the updated parity gap figure times the proportion of the comparators' total A&G revenue not derived from gifts, grants, and contracts from any source, Federal, state, local, or private.
(c) The Commission shall accomplish subsequent reviews.
(i) Within one year of the adoption of the revised funding model, the Commission, in consultation with the colleges, will determine whether an immediate review and possible further revisions to the comparator pool and/or the regression variables are needed.
(ii) Two years thereafter, and every fourth year after that, such a review shall be undertaken, with revisions to the comparator pool and/or the variables in the regression equation if the review indicates that revisions are needed.
(iii) If it is determined that the comparator based model is no longer the appropriate method for determining the funding request for the colleges and no other funding allocation model has been developed, funding requests for specifically identified needs may be submitted in the biennial budget request until a new funding allocation model has been approved and rules have been promulgated.
(iv) Annual recapture and redistribution of state revenues due to changes in local 4-mill revenue resulting from changes in assessed valuation identified in August of each year will be distributed to colleges based on their proportionate share of credit full time equivalent (Credit FTE) enrollment as reported in Table 5 of the Wyoming Community College System Annual Enrollment Report for the two most current years available. This process will be followed until an approved model is in place.
(d) The appropriation of $4.6 million dollars approved during the 2004 legislative budget session for the 2005-2006 biennium will be distributed according to the process described in sections 3 (e) through 3(f)(xii) which will include the August 2004 recapture and redistribution of local funds. Section 3 (g) describes the process for determining the 2005 supplemental budget request and the process for distributing any new funds appropriated during the 2005 legislative session for the second year of the biennium including the recapture and redistribution of local funds for fiscal year 2006.
(e) There are two components to the Funding Allocation Model utilized for the colleges. The first component is the “Parity Comparator Calculation” which establishes the system-wide dollar amount of under-funding, if any, relative to the pool of comparators. This component is described in Section 3(b), above. The second distribution component concerns the allocation of new state and local appropriations among appropriations among the colleges. Institutional revenues remain with the colleges. The Funding Allocation Model revised September 6, 2001 shall be effective September 6, 2001 for developing the 2003-2004 Biennial Budget Request. Revisions to the model made by May 1, 2004 shall be effective for the 2005-2006 biennial budget. In future biennia, the same Model, including any further revisions subsequently adopted on or before September 30 of each odd-numbered year, shall be effective for the biennial budget request made in that year.
(f) The Distribution Calculation is described below, based on the principle of base-forward. Funds restricted for health insurance premium reimbursement as of July 1, 2002 will not be included as part of the base forward calculation. Excluding such health insurance benefit funds, if the projected total of state and local appropriations for the community college system for the coming biennium falls short of the total for the current biennium, then each of the seven college’s budgets will be decreased to make up the shortfall, in proportion to their current base budgets. If the projected total equals or exceeds the current total, then each college’s current base budget will be carried forward into the coming biennium, with the additional amount in state and local appropriations distributed among the colleges on top of those base budgets. New funding is defined as the amount (if any) by which the total state and local appropriation for the upcoming biennium (excluding health insurance premium funding) exceeds the total for the current biennium. Subject to the triggers described in Section 3(f)(x) below, part of this new funding will be distributed in proportion to the current base budgets, and part will be distributed with the objective of achieving equity in funding among the colleges.
(i) The Proportional Base: For purposes of establishing “base forward”
state and local revenues, certified valuations as of 8/1 for the 2nd year of the current biennium will be used, projected at 99%. The paragraphs that follow use the 2003-04 biennium as an example, and mention FY 2001 and FY 2002. In future biennia, the calculations will be exactly analogous but will use figures from the appropriate fiscal and calendar years.
(ii) For the 2003-04 base forward, all colleges will submit revisions to their August 2001 local revenue projections according to the formula that follows, to enhance reporting consistency. State aid will be recaptured and redistributed based on these new projections to establish base forward, but recapture/redistribution will not affect the scheduled state aid disbursements for FY-2002. Total local revenues, associated with the standard 4-mill levy, will be projected for the 2001-02 biennium, using the following formula:
(FY-2001 Actual 4-Mill Levy Revenue) + (CY-2001 Certified Assessed Valuation X .004 X 99%) + 2(FY-01 Vehicle License Revenue) + 2(FY-01 Other Local Revenues) = Estimated Biennial 4-Mill Local Revenues.
(iii) Each college's state and local revenue base forward, as a percentage of the system-wide base forward, establishes that college's proportional share of any budget decrease for the coming biennium, as well as its proportional share of any new state and local funding not reserved for equity distribution
(iv) The Equity Base: For purposes of equity comparisons among the colleges, the base will be considered to include not only state and local appropriations, but also institutional revenues. This equity base will start with the proportional base previously defined, and then add tuition revenue, fifth mill and related local revenue, and other institutional revenue. Specifically,
(v) Biennial credit tuition revenue will be projected by doubling the first year's actual tuition revenue (for example, FY-2001 for the current biennium) and adding in any scheduled 2nd year tuition increases (4.2553191% of FY-2001 credit revenue for FY-2002).
(vi) Fifth mill levy, related vehicle license, and other local revenues will be projected for the biennium, as follows (again using the current biennium as an example):
(FY-2001 Actual 1-Mill Levy Revenue) + (CY-2001 Certified Assessed Valuation X .001 X 99%) + 2(FY-01 Vehicle License Revenue) + 2(FY-01 Other Local Revenues) = Estimated Biennial 1-Mill Local Revenues.
(vii) Other revenue sources—investment income, gate receipts, miscellaneous, etc, --will be estimated for the biennium by doubling the related first year revenue received, using only Fund 10 (Operating) and Fund 11 (Optional Mill) amounts.
(viii) The result of these additions is called the “Equity Base” revenue. Dividing the Equity Base Revenue by double the refined FTE figure for each college (obtained from their enrollment reports to the Commission) gives the “Adjusted” revenue per FTE used in the equity calculations only. Refined FTE is taken from the enrollment reports on Wyoming’s colleges, calculated as the Student Credit Hour total for the first year of the biennium (summer, fall, and spring), divided by 24.
(ix) The Funding Allocation Model determines the allocation of funding among the colleges using the Adjusted Revenue/FTE, annualized and expressed as a proportion of the target revenue per FTE as determined in the parity calculations. This proportion is termed the equity ratio.
(x) Unless new state appropriations are restricted, or the expenditure specified in some manner, new state appropriations and new positive local appropriations shall be allocated 50% to proportional allocation and 50% to equity allocation, or in some other fractions as determined by the triggers described next. Health insurance premium benefit funding is considered restricted and not included as a new state appropriation (new funding).
The trigger determining the fraction on new money to be distributed proportionally and the fraction to be distributed for equity is calculated as follows:
Calculate the 'split percentage' as the total biennial dollars needed to bring the equity ratios of the six lowest colleges up to the highest equity ratio, relative to the total biennialized base-forward parity gap at the median, without updating or adjusting for operating revenues. (If the parity gap is zero, so that division is impossible, define the split percentage as equal to 100.) (The split percentage is calculated only once, at the beginning of the biennium, and applied throughout the remainder of the biennium.) Then locate the resulting split percentage within the following table of cut-off triggers, and distribute new money for equity or proportionally according to the percentages indicated:
| IF THE SPLIT PERCENTAGE IS: | THEN EQUITY IS: | PROPORTIONAL IS: |
|---|---|---|
| less than 10% | 0 | 100% |
| 10 to 34.99% | 25% | 75% |
| 35 to 65% | 50% | 50% |
| 65.01 to 90% | 75% | 25% |
| more than 90% | 100% | 0 |
(xi) Equity allocation is intended to equalize the funding position of colleges across the Wyoming system. The college with the lowest equity ratio is funded first, to bring that college to the equity ratio of the next college, then both colleges are provided equity adjustments in the attempt to reach the level of the next college, and so on.
(xii) For proportional or equity adjustments in local revenues, state appropriations equal to the local appropriations are recaptured from the colleges and redistributed.
(g) A funding request to achieve equity among the seven Wyoming colleges and to address rising external costs (external cost adjustment factor) will be made in the 2005 supplemental budget request, and all subsequent biennial and supplemental budget requests. The calculation of the request and the distribution of new funds appropriated in the 2005 legislative session are described below.
(i) For calculation of the supplemental budget request, refined FTE is taken from the enrollment reports on Wyoming's colleges calculated as the two year average student credit hour total for 2003 and 2004 (summer, fall, and spring) divided by 24.
(ii) The adjusted revenue per FTE for each college is calculated using the equity base revenue described in sections 3(f)(iv) through 3(f)(vii) after the recapture redistribution process in August 2004. The 1-mill revenues will also be updated based on the new assessed valuations to establish the equity base revenue.
(iii) The equity ratio for each college as described in section 3 (f)(ix) is calculated using the equity base revenue described in Section 3 (g)(ii) above.
(iv) The adjusted revenue per FTE for the least under-funded college will be adjusted by an external cost adjustment factor equal to the inflation rate measured as the difference between the June 30, 2003 and the June 30, 2004 National Consumer Price Index. This adjusted amount will be identified as the 'cost indexed revenue per FTE.'
(v) The cost indexed revenue per FTE will be divided by the same college's target revenue per FTE to establish the 'cost indexed equity ratio.'
(vi) The cost indexed equity ratio is used to determine the amount of funding needed for each college to achieve equity among the seven colleges and to provide funding for an external cost adjustment. This amount will be referred to as the 'cost indexed equity need.'
(vii) The total gross system funding need equals the sum of all colleges' cost indexed equity need.
(viii) The total gross system need will be reduced to reflect projected increases in revenues other than state aid. The inflation factor described in (g) (iv) above will be applied to the total 4-Mill Local Resources, total 1-Mill Local Resources, and total Other/Investment Income to determine the amount of reduction applicable to these revenue sources. The approved tuition increase percentage will be applied to total Credit Tuition to determine the amount of reduction applicable to this revenue source.
(ix) If there is a reduction in total 4-Mill Local Resources and total 1-Mill Local Resources due to a decrease in assessed valuation, no reduction will be applied to these revenue sources.
(x) The amount of 4-Mill Local Resource reduction will be allocated to each college based on its proportion of total gross system funding need identified in (g) (vi) and (vii) above.
(xi) The amount of 1 Mill Local Resource reduction, Other/Investment Income reduction, and Credit Tuition reduction will be allocated to each college based on its own actual amount of revenue from each of these sources.
(xii) The total net system need resulting from the reductions described above will establish the supplemental budget request for 2005.
(xiii) New state funds appropriated in the 2005 legislative session will be distributed to each college based on their proportionate share of total net system need as described in Section 3 (g) above.
(xiv) Changes in local revenues will be recaptured and redistributed during fiscal year 2006 in the same manner as described in Section 3 (g) (xii).
(xv) If funding equity among the seven colleges is achieved, any additional funds will be distributed to each college based on their proportionate share of total system revenues.
(h) As an adjunct to the funding allocation model, revenues received by the Commission's Contingency Reserve Account, to be utilized only for facility emergency repairs and/or preventive maintenance, shall be distributed as follows:
(i) The distribution is made by gross square footage for Education and General Facilities (excluding gross square footage of auxiliary facilities) as of June 23, 1999.
(ii) Established with the initial base for the college system are the following Contingency Reserve Account percentages: Casper, 19.59%; Central, 10.25%; Eastern, 7.06%; LCCC, 19.72%; Northwest, 13.65%; Northern, 11.55%; and Western, 18.19%.
(i) Subsequent changes to square-footage by any college will not subsequently alter the distribution percentages established in the initial calculation of the base.
(j) Actual distribution of contingency reserve funds will depend upon receipt of funds by the Commission. Distribution to the colleges will be made as the Commission determines.
(k) As another adjunct to the funding model, the funding request for health insurance premium benefits will be calculated as follows:
(i) For the 2005-2006 biennium, the initial insurance premium benefit fund pool will be $10,598,636 based on plan enrollment numbers as of the May 2003 open enrollment period, and projected insurance rates for December 2003. For the 2007-2008 biennium and beyond, plan enrollment numbers as of January of odd numbered years, and projected health insurance premium rates for December of the same year will be used to calculate the amount of insurance premium benefit funding to be pooled for separate distribution.
(ii) Distribution will be based on an actual cost reimbursement basis. Each college will submit a quarterly reimbursement request on an approved WCCC form.
(iii) The Commission will evaluate the sufficiency of funding in the health insurance premium pool on a quarterly basis. The Commission will work with the department of A&I to identify supplemental funding options for health insurance premium benefit costs if pooled funds are projected to be insufficient. The Commission will submit a supplemental budget request for health insurance premium benefit costs if other funding options are not available and pooled funds are projected to be insufficient.
(iv) If funds in the health insurance premium benefit pool fall short of actual costs and supplemental funding to meet this shortfall is not approved, each of the seven colleges' reimbursement will be reduced to make up for this shortfall in proportion to the number of eligible employees as of January of even numbered years.
(v) If state appropriated funds restricted for health insurance premium benefits exceed actual costs for the biennium, this amount will revert to the general fund.
(l) The funding allocation model and/or its adjuncts may be reviewed by the Commission as necessary and proposed revisions recommended for rules.
(a) The Commission shall prepare a consolidated budget request for state assistance, including state funding for Commission programs, the community colleges, and Wyoming Public Television in a format determined by the Department of Administration and Information.
(b) Requests for state appropriations to fund the regular support and operation of the colleges shall be developed utilizing a Commission adopted model.
(c) The Commission shall hold at least one public budget hearing for the community colleges, after which the consolidated request for state assistance shall be submitted to the Governor.
(d) The Commission adopted the Base-Plus Funding Allocation Model June 23, 1999 and revisions of September 6, 2001 to achieve funding equity among the colleges and to secure funding parity between all of Wyoming's colleges and their comparator pool. The Budget Request Model is linked to that concept.
(e) There are two components to the Budget Request Model as it relates to funding for the community college system: the Standard Budget Request and the Exception Budget Request.
(f) The Standard Budget Request is developed as follows:
(i) Determine community college funding as of August 1 in the odd-numbered year of the budget request development as shown on the Biennial Funding Report. The distribution percentage of total state and local appropriations is calculated and is the basis for proportional allocations for the next biennium.
(ii) Identify adjustments to the August college funding amounts, such as supplementary state appropriations, changes in the projections for local appropriations, changes in other anticipated revenues for the colleges, and one-time funding. The identified amounts may be recalculated to determine a biennial amount. Add or subtract these amounts to the August 1 funding.
(iii) After adjustments are made to the August 1 funding, the result is the Standard Budget Estimate for the ensuing biennium.
(iv) The total state and local appropriations are calculated and become the base for the request for equity and/or proportional adjustments in the Exception Budget Request.
(g) The Exception Budget Request is developed as follows:
(i) Exception budget requests are calculated utilizing the comparator information developed in the 'Parity Calculation,' Rules Chapter 5, Section 3 (b).
(ii) If funded by the legislature, new funding would be allocated as described in the funding allocation model.
(h) The Supplemental Budget Request is developed as follows:
(i) Supplemental budget requests are calculated utilizing the process in Section 3 (g).
(ii) If appropriated by the legislature, new funding would be allocated as described in Section 3 (g).
(i) Standard and Exception Budget Requests for other programs assigned to the Commission are developed in consultation with the Commission, the colleges, and the Budget Division of the Department of Administration and Information.
(j) The Commission may seek additional funding from state or other sources to support incentive and/or performance funds that address statewide initiatives.
(k) The executive director will report to the Commission and the community colleges on action taken by the Governor and the legislature on the request for state appropriations.
(l) The Budget Division of the Department of Administration and Information is not bound by the provisions of this section.
(a) State funding for the assistance of community colleges shall be allocated by the Commission to the community colleges on the basis of the funding allocation model and its adjuncts approved by the Commission, as outlined in Section 3 of these rules unless otherwise directed by the legislature.
(b) Disbursements of state appropriations shall be made by the Commission to the community colleges in accordance with the funding allocation model or other legislative instructions and at times and in amounts determined by the Commission.
(c) Unless otherwise specified by the Commission, payments to the community colleges will be made on or about July 15, September 15, December 15, and March 15 of each fiscal year in the biennium.
(d) Unless otherwise specified by the Commission, payments to the community colleges shall be made in the amounts of 15%, 15%, 10%, and 10% of the total amount of state appropriations designated for each college on the respective dates of each fiscal year in the biennium.
(e) Contingency reserve account funds shall be disbursed at times determined by the Commission.
(f) Any additional state funding appropriated to the Commission for distribution to the colleges will be disbursed at times and in amounts to be determined by the Commission.
“A biennial funding report shall be provided by each community college to the community college commission at the beginning of each biennium in a form and format determined by the commission. Any amendments to the report shall be provided to the commission immediately after adoption by the board.” (W.S. 21-18-205(b))
Commission operations are governed by Chapter 2, Commission Rules.
The Commission shall collaborate with college trustees, college administrators, the Governor’s office, and the legislature to determine statewide priorities that could be addressed by the college system.
(a) This Section is promulgated under authority of WYO. STAT. § 21-18-202 and WYO. STAT. § 9-2-123, as amended.
(b) The purpose of the Wyoming Investment in Nursing Program (WYIN Program) is to make funds available to individuals who wish to pursue a career in nursing and to alleviate a shortage of nurses within the state.
(i) Applicants must be residents of the state of Wyoming as defined in W.S. 22-1-102 (a)(xxx) or shall be graduates of a Wyoming high school;
(ii) Applicants must be accepted into a nursing program in a Wyoming community college, the University of Wyoming, or in a doctoral degree program in an institution providing the required nursing education courses under contract with the WICHE or in a distance nursing education program at a university that is regionally accredited; and
(iii) Applicants must apply for federal financial assistance and any employer-based financial assistance for which the applicant may be eligible.
(iv) Any person beginning a nursing education program shall continue to receive funding for the program so long as the person remains eligible as required by rules and statutes and as long as funding is available. Funding for an undergraduate nursing program at a Wyoming college or the University of Wyoming will be for a maximum of two years.
(i) Subject to the availability of funds appropriated, loans may be awarded to the following applicants;
(A) An applicant who is accepted into a Wyoming licensed practical nurse or registered nurse education program or a baccalaureate degree program in nursing may be eligible for a loan to pay the unmet need, as determined by the Commission or its designee, of attendance at the licensed practical nursing education program or the registered nursing education program leading to an associate's or baccalaureate degree;
(B) A registered nurse with a baccalaureate degree who holds an unencumbered license with the Wyoming board of nursing, has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a baccalaureate degree, with a preference given to a registered nurse currently teaching at the University of Wyoming or a Wyoming college, and the registered nurse is accepted into a nursing education program at the University of Wyoming leading to a master's degree in nursing or nursing education may be eligible for a loan to pay the unmet need of attendance, as determined by the Commission or its designee, provided that in order to receive a loan for a master's degree program, the applicant shall agree to repay the loan by teaching at a Wyoming college or the University of Wyoming. If the applicant registered nurse is not accepted into a nursing education program at the University of Wyoming and upon approval of the Commission, the applicant registered nurse may be accepted into an accredited nursing education program at a university located outside of the state. Loans awarded for applicants accepted into programs outside of Wyoming shall not exceed the loan amounts available for programs at the University of Wyoming; or
(C) A registered nurse with a master's degree in nursing who holds an unencumbered license with the Wyoming board of nursing, has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a master's degree in nursing and is accepted into a nursing education program at an institution providing the required nursing education courses under contract with the WICHE or in a distance nursing education program at a university that is regionally accredited leading to a doctorate level degree in nursing may be eligible for a loan to pay the unmet need of attendance, as determined by the Commission or its designee, provided that in order to receive a loan for a doctorate level degree program, the applicant shall agree to repay the loan by teaching at the University of Wyoming.
(i) To be eligible to participate in this program a nurse or a student in an eligible nursing program shall submit an application to the Commission or its designee upon a form approved by the Commission.
(ii) The application deadlines shall be determined by each participating educational institution.
(i) The Commission shall designate the financial aid officers at the University of Wyoming and the Wyoming Colleges to administer this program subject to the following:
(A) The financial aid officer shall require each applicant to apply to the participating educational institution, review each application, and determine whether the applicant is eligible under these rules;
(B) The financial aid officer shall authorize loans from appropriated funds in an amount sufficient to avoid over commitment and to ensure sufficient funds remain available to allow students to complete the program in which they enrolled;
(C) The funds appropriated by the legislature will be allocated by the Commission to the University of Wyoming and Wyoming's colleges for undergraduate and graduate nursing students;
(D) Nursing faculty members at both the University of Wyoming and Wyoming's colleges are eligible for funding for doctoral level degrees; and
(E) The financial aid officers shall report to the Commission and the financial institution responsible for servicing the loans the names of all students enrolled in the WYIN program in their respective schools, including students enrolled in WICHE schools or distance learning programs, within 30 days of initial enrollment. Thereafter, the financial aid officers shall report to the Commission and the financial institution on a semester basis regarding participants in the program.
(i) A loan provided under this section shall not exceed the cost of attendance for the approved program reduced by the amount of any Pell or other federal grant, any employer-based financial assistance received by the applicant, and any other public or private financial aid that is provided to the applicant as a scholarship or grant.
(ii) When determining the amount of a loan for which an applicant may be eligible the unmet need of the applicant shall be considered.
(i) The Commission shall annually determine a reasonable interest rate on the new loans it issues. This determination shall be made by July 1st of every calendar year.
(ii) The interest rate shall be the average prime interest rate plus four percent (4%) computed by the Commission's financial institution in the same manner as specified under W.S. 39-16-108(b) for determining the interest rate on delinquent use taxes.
(iii) Accrual of interest shall begin upon scheduled commencement of cash repayment.
(i) Loan origination fees shall be established by the Commission.
(ii) The student shall sign a master promissory note as approved by the Commission prior to disbursement to the student of any funds.
(iii) The Commission or the contracted financial institution may disclose any delinquency or default on the student's loan to credit bureaus.
(iv) If the student fails to make a scheduled repayment, or fails to comply with any other term of the note, the Commission or the contracted financial institution may refer the student's loan to a collection agent, initiate legal proceedings against the student and pursue judicial remedies.
(v) If the student fails to make a scheduled repayment or fails to comply with any other term of the promissory note, the entire unpaid balance of the loan, including interest due and accrued and any applicable penalty charges and collection fees, including attorney fees, will, at the option of the Commission, become immediately due and payable.
(vi) The student may prepay all or any part of the principal and accrued interest of the loan at any time without penalty.
(vii) The student will promptly inform the Commission or the contracted financial institution of any change in name or address.
(viii) Upon completion of the academic program, the student must provide the following information every two months, until all the following requirements are reported to the contracted financial institution:
(A) Date of appropriate certification or licensure examination; and
(B) Successful passing score and certification or licensure and employment information; or unsuccessful passing score and date of next examination; and (C) Outcome of second examination and, if successful, employment information.
(i) Repayment of loans shall continue as specified under the loan agreement, until all loan obligations have been satisfied.
(ii) A student may repay the loan without cash payment by working in Wyoming as a nurse, if the loan was for an undergraduate degree, or nurse educator, if the loan was for a graduate degree, as provided in (j)(iii) of this subsection, and except for graduate students as provided in (j)(iv) of this section. To qualify as repayment under this subsection, work shall be performed within the following time periods which begin with the calendar month following the month in which the student completed the academic program:
(A) If the loan can be repaid with work of two (2) years or less, within three (3) years;
(B) If the loan can be repaid with work of greater than two (2) years, but no more than four (4) years, within five (5) years;
(C) If the loan can be repaid with work of greater than four (4) years, within the amount of time the loan could be repaid, plus two (2) years.
(iii) Qualified work under (j)(ii) of this section shall be credited so that the student's loan balance is reduced on the basis of one (1) year of full-time employment repaying the loan balance for one (1) academic year of full-time enrollment, or twelve thousand dollars ($12,000.00) of the loan, whichever is less. Qualified work shall be credited on a proportional basis.
(iv) A recipient of a WYIN loan and attending a master's or doctorate nursing level program may begin loan repayment through qualified work as authorized under subsection j (ii) and (iii) of this section concurrently with enrollment in the nursing education program, subject to the following:
(A) If the recipient is enrolled in a master's nursing degree program, the recipient shall perform qualified work at a Wyoming college or the University of Wyoming concurrently with enrollment in the nursing education program and for not less than one (1) year following completion of the education program;
(B) If the recipient is enrolled in a doctorate nursing degree program, the recipient shall perform qualified work at the University of Wyoming concurrently with enrollment in the nursing education program and for not less than two (2) years following completion of the education program;
(v) Qualified work under subsection j (ii) of this section shall be verified by the Commission’s designated financial institution by having received a letter from the student’s employer stating the person is currently or has been employed as a nurse, if the loan was for an undergraduate nursing degree, or nurse educator, if the loan was for a graduate nursing degree. This letter must be submitted annually.
(vi) Any student in the WYIN Program who fails:
(A) To complete the academic program for which the loan was provided shall commence cash repayment of the loan no later than forty-five (45) days after the student leaves the academic program;
(B) To obtain employment in the targeted occupation for which the person received the education within ninety (90) days after successfully passing the appropriate certification or licensure examination shall commence cash repayment of the loan within one hundred twenty (120) days after successfully passing the appropriate certification or licensure examination;
(C) To pass the appropriate certification or licensure examination on the first attempt may retake the examination at the next available opportunity before commencing repayment of the loan. The student shall notify the Commission or its designated financial institution of the intent to retake the examination and the date the examination will be taken. Any student in the WYIN Program who fails the examination after the second attempt shall commence cash repayment of the loan within forty-five (45) days after receipt of notification of the second failure by the board of nursing. If the student in the WYIN Program who fails the examination on the first attempt does not retake the examination at the next available opportunity, cash repayment shall commence within forty-five (45) days after the next available examination is conducted.
(vii) Subject to the above cash repayment provision, the WYIN loan is repayable in equal or graduated periods installments, with the right of the Commission to accelerate repayment, over a period not to exceed ten (10) years that begins nine (9) months after the student ceases to be a student in the nursing program.
(viii) Cash repayment of loans and interest thereon shall be credited to the general fund.
(k) Process for Cash Repayment. The process and schedule for cash repayment under (j) shall be administered by the Commission through its designated financial institution. Students shall be notified by the Commission through its designated financial institution of the approved payment plan.
(l) Default of a Loan.
(i) A loan shall be in default when an installment is due and not paid in full within 90 days after the time period provided by these rules.
(ii) The process for collection of a loan in default shall be determined by the Commission through its designated financial institution.
(iii) The student in default shall pay any charges related to offsetting the note or any charges incurred should the note(s) be referred to an outside collection agency and any other collection charges, including attorney's fees allowed by state law.
(iv) Loan repayment options under this section may be deferred for:
(A) A period not to exceed four (4) years while the student is serving on full time active duty with any branch of the military services of the United States; or
(B) The length of a graduate program that qualifies under the WYIN program if the student begins the graduate program while still paying the WYIN loan by cash or employment.
(C) The length of the undergraduate program for a student who did not complete the program, but who is readmitted. Interest will not accrue while the student is enrolled in the program. Upon completion of the program, the current loan balance will be repaid as specified in section (j).
(v) Students may be granted a delay from having to repay loans and interest, including interest accrual, thereon, in whole or in part or complete cancellation, including interest accrual, thereon, when the requirement to repay would cause undue hardship, economic or otherwise. The financial institution responsible for servicing the loans will use its best judgment in applying the economic hardship deferment criteria used for the Federal Family Education Loan Program. The Commission reserves the right to consider and make the final decision as to any request on the basis of undue hardship, economic or otherwise.
(vi) Complete cancellation of a student's debt will be granted only in limited circumstances. These circumstances may include a student's total and permanent disability, as determined by a medical or osteopathic physician, or death.
(A) A student who is determined to be totally and permanently disabled will have his/her loan placed in a conditional discharge period for three (3) years from the date the student became totally and permanently disabled.
(B) During this conditional period, the student need not pay principal and interest will not accrue. If the student continues to meet the total and permanent disability conditions during, and at the end of, the three-year conditional period, the student's obligation to repay the loan is canceled, upon approval by the Commission.
(C) If the student does not continue to meet the cancellation requirements, the student must resume payment within forty-five (45) days of the medical opinion.
(i) The Commission shall annually review the loan program and report to the governor and the legislature in accordance with WYO. STAT. § 9-2-1014 regarding program results, funds received, and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program.
(ii) Any designated financial institution the Commission employs shall prepare a report once a year outlining the services it is providing and the progress made.
(n) Expiration. This program shall expire on June 30, 2011.
(a) This Section is promulgated under authority of WYO. STAT. § 21-7-601 and WYO. STAT. § 21-18-202.
(b) Purpose. The purpose of the Wyoming Teacher Shortage Loan Repayment Program (TSLR Program) is to make funds available to individuals who wish to pursue a career in education and to alleviate a shortage of mathematics, science, special education, and foreign language teachers within the state.
(i) Applicants shall have a Wyoming residence as defined in W.S. § 22-1-102 (a)(xxx) or shall be graduates of a Wyoming high school;
(ii) Applicants must be enrolled in good standing (admitted) in a teacher education program at the University of Wyoming leading to certification as a special education, mathematics, science, or foreign language teacher and must have class standing of at least a junior for the first semester for which application for a loan under this program is made; and
(iii) Applicants must apply for federal financial assistance.
(iv) Any person beginning a teacher education program shall continue to receive funding for the program so long as the person remains eligible as required by rules and statutes and funds are available. Funding will be for a maximum of the equivalent of two full-time academic years for mathematics, science, and foreign language students and three full-time academic years for special education students assuming funds are appropriated by the legislature.
(d) Criteria for Application. Subject to the availability of funds appropriated, loans may be awarded to an applicant who meets the criteria of Section 4(a) through (c) to pay the unmet needs of attendance as determined by the Commission or its designee in a teacher education program at the University of Wyoming leading to certification as a special education, mathematics, science, or foreign language teacher.
(i) To be eligible to participate in this program, a student shall submit an application to the Commission or its designee upon a form approved by the Commission.
(ii) The application deadline shall be determined by the University.
(i) The Commission shall designate the financial aid officer of the University to administer this program subject to the following:
(A) The financial aid officer shall require each applicant to apply to the University, review each application, and determine whether the applicant is eligible under these rules;
(B) The financial aid officer shall authorize loans from appropriated funds in an amount sufficient to avoid over commitment and to ensure sufficient funds remain available to allow students to complete the program in which they enrolled; and
(C) The financial aid officer shall report to the Commission and the financial institution responsible for servicing the loans the names of all students enrolled in the TSLR program within thirty (30) days of initial enrollment and thereafter, on a semester basis regarding participants in the program.
(i) A loan provided under this section shall not exceed the cost of attendance for the approved program reduced by the amount of any Pell or other federal grant and any other public or private financial aid that is provided to the applicant as a scholarship or grant.
(ii) When determining the amount of a loan for which an applicant may be eligible the unmet need of the applicant shall be considered.
(i) The Commission shall annually determine a reasonable interest rate on the new loans it issues. This determination shall be made by July 1st of every calendar year.
(ii) The interest rate shall be the average prime interest rate plus four percent (4%) computed by the Commission's financial institution in the same manner as specified under W.S. § 39-16-108(b) for determining the interest rate on delinquent use taxes.
(iii) Accrual of interest shall begin upon scheduled commencement of cash repayment.
(i) Loan origination fees shall be established by the Commission.
(ii) The student shall sign a promissory note as approved by the Commission prior to disbursement to the student of any funds.
(iii) The Commission or the contracted financial institution may disclose any delinquency or default on the student's loan to credit bureaus.
(iv) If the student fails to make a scheduled repayment, or fails to comply with any other term of the note, the Commission or the contracted financial institution may refer the student's loan to a collection agent; initiate legal proceedings against the student; and pursue judicial remedies.
(v) If the student fails to make a scheduled repayment or fails to comply with any other term of the promissory note, the entire unpaid balance of the loan, including interest due and accrued and any applicable penalty charges and collection fees, including attorney fees, will, at the option of the Commission, become immediately due and payable.
(vi) The student may prepay all or any part of the principal and accrued interest of the loan at any time without penalty.
(vii) The student will promptly inform the Commission or the contracted financial institution of any change in name or address.
(viii) Upon completion of the academic program, the student must provide the following information every two months until both of the following requirements are reported to the contracted financial institution:
(A) Verification by the Professional Teaching Standards Board of appropriate teacher certification in special education, mathematics, science or foreign language; and (B) Verification by a Wyoming public school principal of successful employment in a public school in Wyoming teaching special education, mathematics, science, or foreign language at least 50% of the working hours.
(i) Repayment of loans shall continue as specified under the loan agreement, until all loan obligations have been satisfied.
(ii) A student may repay the loan without cash payment by performing qualified work as a special education, mathematics, science, or foreign language teacher subject to (j)(iii). To qualify as repayment, work shall be performed within the minimum amount of time necessary to repay the loan, plus two (2) years, which shall begin with the calendar month following the month in which the student completed the academic program.
(iii) Qualified work shall be credited so that the student's loan balance is reduced on the basis of one (1) year of full-time employment repaying the loan balance for one (1) academic year of full-time enrollment or the equivalent if the student was enrolled less than full-time. Full-time employment means a full-time position teaching at least 50% of working hours during a full academic year as a certified teacher in special education, mathematics, science, or foreign language in a Wyoming public school. Teaching more or less than a full academic year, while teaching at least 50% of working hours as a certified teacher in special education, mathematics, science, or foreign language shall be credited on a proportional basis.
(iv) Qualified work shall be verified by the Commission's designated financial institution by having received letter from the student's employer stating the person is currently or has been employed as a certified teacher in special education, mathematics, science, or foreign language. This letter must be submitted annually.
(A) To complete the academic program for which the loan was provided shall commence cash repayment of the loan no later than forty-five (45) days after the student leaves the academic program;
(B) To obtain employment in the targeted occupation for which the person received the education within two hundred forty (240) days after successfully obtaining the appropriate certification, shall commence cash repayment of the loan within two hundred eighty-five (285) days after successfully obtaining the appropriate certification.
(C) To obtain the appropriate certification within one hundred eighty (180) days after completion of the program shall commence cash repayment of the loan.
(vi) Subject to the above cash repayment provision, the TSLRP loan is repayable in equal or graduated periods installments, with the right of the Commission to accelerate repayment, over a period not to exceed ten (10) years that begins nine (9) months after the student ceases to be a student in the teacher education program.
(vii) Cash repayment of loans and interest thereon shall be credited to the school foundation program account.
(k) Process for Cash Repayment. The process and schedule for cash repayment under (j)(vii) shall be administered by the Commission through its designated financial institution. Students shall be notified by the Commission through its designated financial institution of the approved payment plan.
(l) Default of a Loan.
(i) A loan shall be in default when an installment is due and not paid in full within 90 days after the time period provided by these rules.
(ii) The process for collection of a loan in default shall be determined by the Commission through its designated financial institution.
(iii) The student in default shall pay any charges related to offsetting the note or any charges incurred should the note(s) be referred to an outside collection agency and any other collection charges, including attorney’s fees allowed by state law.
(iv) Loan repayment options under this section may be deferred for:
(A) A period not to exceed five (5) years while the student is serving on full time active duty with any branch of the military services of the United States; or
(B) The length of a graduate program that qualifies under the TSLRP if the students begins the graduate program while still paying the TSLRP loan by cash or employment.
(C) The length of the program for a student who did not complete the program, but who is readmitted. Interest will not accrue while the student is enrolled in the program. Upon completion of the program, the current loan balance will be repaid as specified in section (j).
(v) Students may be granted a delay from having to repay loans and interest, including interest accrual, thereon, in whole or in part or complete cancellation, including interest accrual, thereon, when the requirement to repay would cause undue hardship, economic or otherwise. The financial institution responsible for servicing the loans will use its best judgment in applying the economic hardship deferment criteria used for the Federal Family Education Loan Program. The Commission reserves the right to consider and make the final decision as to any request on the basis of undue hardship, economic or otherwise.
(vi) Complete cancellation of a student's debt will be granted only in limited circumstances. These circumstances may include a student's total and permanent disability, as determined by a medical or osteopathic physician, or death.
(A) A student who is determined to be totally and permanently disabled will have his/her loan placed in a conditional discharge period for three (3) years from the date the student became totally and permanently disabled.
(B) During this conditional period, the student need not pay principal and interest will not accrue. If the student continues to meet the total and permanent disability conditions during, and at the end of, the three-year conditional period, the student's obligation to repay the loan is canceled, upon approval by the Commission.
(C) If the student does not continue to meet the cancellation requirements, the student must resume payment within forty-five (45) days of the medical opinion.
(i) The Commission shall annually review the loan program and report to the governor and the legislature in accordance with WYO. STAT. 9-2-1014 regarding program results, funds received, and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program. The report shall include information submitted by the professional teaching standards board regarding the impact of the program on identified teacher shortage areas and recommendations for modifications to the program, including funding levels, to address other identified teacher shortage areas.
(ii) Any designated financial institution the Commission employs shall prepare a report once a year outlining the services it is providing and the progress made.
(n) Expiration. This program shall expire on June 30, 2011.
(a) Authority. This section is promulgated under authority of WYO. STAT. § 19-14-106.
(b) Purpose. The purpose of the benefit is to provide free tuition and fees for eligible Vietnam veterans, overseas combat veterans and surviving spouses and dependents.
(c) Definitions.
(i) 'Academic year' in this section means the twelve (12) month period beginning with the commencement of the fall semester for the University of Wyoming and with the commencement of the summer semester for community colleges.
(ii) 'Combat veteran surviving spouse' means a person who is a surviving spouse of any overseas combat veteran when the overseas combat veteran was a resident of Wyoming for at least one (1) year immediately prior to entering active service and the overseas combat veteran died during active military service;
(iii) 'Combat veteran surviving dependent' means a person who is a surviving dependent of any overseas combat veteran and who was under twenty-two (22) years of age at the time his parent or guardian died in overseas combat during active military service;
(iv) 'Eligible institution' means The University of Wyoming or one of Wyoming's community colleges.
(v) 'Overseas combat veteran' means a person other than a Vietnam veteran who was a resident of Wyoming for at least one (1) year immediately prior to entering into active service, who is an honorably discharged veteran who served in the military service of the United States and who was awarded the armed forces expeditionary medal or other authorized service or campaign medal indicating service to the United States in any armed conflict in a foreign country.
(vi) 'Vietnam veteran' means any person who was in active service with the military forces of the United States between August 5, 1964 to May 7, 1975 and received a Vietnam service medal; and received a discharge from the military forces of the United States other than dishonorable; and has been a resident of Wyoming for not less than one (1) year prior to entering active military service.
(vii) 'Vietnam veteran surviving spouse' means a person who is a surviving spouse of a Vietnam veteran and who meets the eligibility criteria as defined in paragraph (d) of this section.
(viii) 'Vietnam veteran surviving dependent' means a person who is a surviving dependent of a Vietnam veteran and who meets the eligibility criteria as defined in paragraph (d) of this section.
(d) Eligibility.
(i) Vietnam Veteran. A Vietnam veteran is eligible for educational benefits under this section, under the following conditions:
(A) Must have been in active service with the military forces of the United States between August 5, 1964 to May 7, 1975 and received a Vietnam service medal; and
(B) Must have received a discharge from the military forces of the United States other than dishonorable; and
(C) Must have been a resident of Wyoming for not less than one (1) year prior to entering active military service; and
(D) Must not be receiving educational benefits under the Servicemen’s Readjustment Act of 1944, as amended, for any credit or vocational education course for which the Vietnam veteran registers.
(E) Vietnam veterans, who were granted educational benefits pursuant to Rules (d)(i)(C) effective as of August 30, 2006, may be grandfathered by the eligible institution.
(ii) Vietnam Veteran Surviving Spouse. A Vietnam veteran surviving spouse is eligible for educational benefits under this section, under the following conditions:
(A) Must be the surviving spouse of a Vietnam veteran who was a resident of Wyoming at the time of entering into active state service or active service with the military forces of the United States; and
(B) Whose death was service connected, as defined in 81 Stat. 181, 38 U.S.C. 101, or is listed officially in the military records of the United States as being a prisoner of war or missing in action as a result of active state service or active service with the military forces of the United States; or
(C) Who was honorably discharged from the military forces of the United States and thereafter died of an injury or disease incurred while in active state service or active service with such military forces, being a resident of Wyoming at the time of death.
(iii) Vietnam Veteran Surviving Dependent. A Vietnam veteran surviving dependent is eligible for educational benefits under this section, under the following conditions:
(A) Must be the surviving dependent of a Vietnam veteran who was a resident of Wyoming at the time of entering into active state service or active service with the military forces of the United States; and
(B) Whose death was service connected, as defined in 81 Stat. 181, 38 U.S.C. 101, or is listed officially in the military records of the United States as being a prisoner of war or missing in action as a result of active state service or active service with the military forces of the United States; or
(C) Who was honorably discharged from the military forces of the United States and thereafter died of an injury or disease incurred while in active state service or active service with such military forces, being a resident of Wyoming at the time of death.
(iv) Overseas Combat Veteran. An overseas combat veteran is eligible for educational benefits under this section, under the following conditions:
(A) Must have been a resident of the state of Wyoming for at least one (1) year immediately prior to entering into active military service; and
(B) Must not be a Vietnam veteran; and
(C) Must be honorably discharged from active military service; and
(D) Must have been awarded the armed forces expeditionary medal or other authorized service or campaign medal indicating service to the United States in any conflict in a foreign country.
(v) Combat Veteran Surviving Spouse. A combat veteran surviving spouse is eligible for educational benefits under this section, under the following conditions:
(A) Combat Veteran Surviving Spouse must be the surviving spouse of an overseas combat veteran.
(B) The overseas combat veteran must have met the following criteria:
(I) Must have been a resident of the state of Wyoming for at least one (1) year immediately prior to entering into active military service; and
(II) Must not have been a Vietnam veteran; and (III) Must have been awarded the armed forces expeditionary medal or other authorized service or campaign medal indicating service to the United States in any conflict in a foreign country; and
(IV) Whose death was service connected, as defined in 81 Stat. 181, 38 U.S.C. 101; or
(V) Must be listed officially in the military records of the United States as being a prisoner of war or missing in action as a result of active state service or active service with the military forces of the United States, or
(VI) Must have been honorably discharged from the military forces of the United States and thereafter died of an injury or disease incurred while in active state service or active service with such military forces, being a resident of Wyoming at the time of death.
(vi) Combat Veteran Surviving Dependent. A combat veteran surviving dependent is eligible for educational benefits under this section, under the following conditions:
(A) Applicant must be under twenty-two (22) years of age at the time of enrollment at an eligible institution; and
(B) The overseas combat veteran must have met the following criteria:
(I) Must have been a resident of the state of Wyoming for at least one (1) year immediately prior to entering into active military service; and
(II) Must not have been a Vietnam veteran; and
(III) Must have been awarded the armed forces expeditionary medal or other authorized service or campaign medal indicating service to the United States in any conflict in a foreign country; and
(IV) Whose death was service connected, as defined in 81 Stat. 181, 38 U.S.C. 101; or
(V) Must be listed officially in the military records of the United States as being a prisoner of war or missing in action as a result of active state service or active service with the military forces of the United States or
(VI) Must have been honorably discharged from the military forces of the United States and thereafter died of an injury or disease incurred while in active state service or active service with such military forces, being a resident at the time of death.
(e) Application Process.
Vietnam veterans, overseas combat veterans and surviving spouses and dependents shall apply for the educational benefit under this section with an eligible institution and will provide the appropriate documentation to establish eligibility.
(f) Educational Benefits.
(i) A person who qualifies for free tuition and fees shall be deemed eligible for the free tuition and fees at any eligible institution up to the maximum number of semesters of study allowed as described in this section, if the person transfers from one eligible institution to another eligible institution.
(ii) Vietnam veterans will be eligible for free tuition and fees for not more than ten (10) semesters for any credit or vocational educational course for which the Vietnam veteran registers.
(A) There is no limitation as to when a Vietnam veteran may enroll and begin receiving benefits under this section, if otherwise eligible, and
(B) Shall not be eligible after eight (8) academic years following the semester of initial receipt of free tuition and fees under this section; and
(C) Shall earn a cumulative 2.0 grade point average on a four-point scale by the end of the Spring semester completing the third or fourth semester of attendance; and
(D) Shall maintain a 2.0 grade point average after the end of each subsequent Spring semester of enrollment.
(E) Vietnam veterans, who were granted educational benefits pursuant to Rules (f) (i) and (ii) effective as of August 30, 2006, may be grandfathered by the eligible institution.
(iii) Vietnam veteran surviving spouses and dependents will be eligible for free tuition, matriculation and other fees for courses of instruction at any state institution in elementary, secondary and college grades, business colleges, state vocational training schools or other educational institutions of the State of Wyoming which would tend to enable the individual to engage in any useful trade, occupation or profession,
(iv) Overseas combat veterans will be eligible under this section for free tuition and fees at any eligible institution for not more than ten (10) semesters for any credit course for which the overseas combat veteran registers subject to the following provisions:
(A) Shall not be eligible more than ten (10) academic years after the date the veteran completes military service; and
(B) Shall not be eligible after eight (8) academic years following the semester of initial receipt of free tuition and fees under this section; and
(C) Shall earn a cumulative 2.0 grade point average on a four-point scale by the end of the Spring semester completing the third or fourth semester of attendance; and
(D) Shall maintain a 2.0 grade point average after the end of each subsequent Spring semester of enrollment and shall otherwise remain eligible as provided in this section.
(v) Combat veteran surviving spouses are eligible for free tuition and fees at any eligible institution subject to the following provisions:
(A) Shall not be eligible more than ten (10) years after the death of the combat veteran; and
(B) Shall not be eligible for more than ten (10) semesters for any credit course for which the surviving spouse registers; and
(C) Shall not be eligible after eight (8) academic years following the semester of initial receipt of free tuition and fees under this section; and
(D) Shall earn a cumulative 2.0 grade point average on a four-point scale by the end of the Spring semester completing the third or fourth semester of attendance; and
(E) Shall maintain a 2.0 grade point average after the end of each subsequent Spring semester of enrollment and shall otherwise remain eligible as provided in this section.
(vi) Combat veteran surviving dependents are eligible for free tuition and fees at any eligible institution subject to the following provisions:
(A) Shall be under twenty-two (22) years of age at the time the parent or legal guardian died in overseas combat during active service; and
(B) Shall be under twenty-two (22) years of age at the time of enrollment at an eligible institution; and (C) Shall not be eligible for more than ten (10) semesters for any credit course for which the combat veteran surviving dependent registers; and
(D) Shall not be eligible after eight (8) academic years following the semester of initial receipt of free tuition and fees under this section; and
(E) Shall earn a cumulative 2.0 grade point average on a four-point scale by the end of the Spring semester of the third or fourth semester of attendance; and
(F) Shall maintain a 2.0 grade point average after the end of each subsequent Spring semester of attendance and shall otherwise remain eligible as provided in this section.
(g) Reimbursement.
(i) Tuition and fees for overseas combat veterans, combat veteran surviving spouses and combat veteran surviving dependents under this section will be reimbursed by the Community College Commission to the eligible institutions, subject to the availability of funds appropriated.
(ii) Tuition and fees for Vietnam veterans, Vietnam veteran surviving spouses and Vietnam veteran surviving dependents will be reimbursed by the Community College Commission to eligible institutions, subject to the availability of funds appropriated, for those eligible individuals who are enrolled beginning with the Spring semester 2007.
(A) Reimbursement requests, accompanied by a Certificate of Eligibility provided by the Community College Commission, will be processed for payment on a semester basis by the Commission; and
(B) The financial aid director of the University of Wyoming or community college will certify as correct, with an original signature, all Certificates of Eligibility and mail them to the Community College Commission using the United States Postal Service.
(h) Exemptions for Good Cause.
Any combat veteran surviving dependent may be exempt from the deadline for applying for educational benefits as outlined in (f)(iv)(A) of this section if the dependent:
(iii) Can demonstrate in writing, to the financial aid director of the University of Wyoming or a community college, other good cause.
(i) Review and Reporting.
(i) The community college commission shall submit a report to the joint appropriations and the joint education interim committees by October 1, 2006 and annually thereafter on October 1.
(ii) The report shall identify the actions taken and monies expended pursuant to this act.