53H-11-302. Tuition waivers for wards of the state.

638 words·~3 min read·/ut/title-53h/chapter-11/53h-11-302

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Effective 10/14/2025

(1)As used in this section:

(a)"Division" means the Division of Child and Family Services.

(b)"Long-term foster care" means an individual who remains in the custody of the division, whether or not the individual resides:

(i)with licensed foster parents; or

(ii)in independent living arrangements under the supervision of the division.

(c)"Tuition" means tuition at the rate for residents of the state.

(d)"Ward of the state" means an individual:

(i)who is:

(A)at least 17 years old; and

(B)not older than 26 years old;

(ii)who had a permanency goal in the individual's child and family plan, as described in Sections 80-3-307 and 80-3-409 , of long-term foster care while in the custody of the division; and

(iii)for whom the custody of the division was not terminated as a result of adoption.

(2)Subject to the limitations in Subsections

(3), (4), and (5), an institution of higher education shall waive tuition for each ward of the state who meets the following requirements:

(a)applies, qualifies, and is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate;

(b)is a resident student of the state as determined under Section 53H-11-202 ;

(c)applies to the division for a waiver of tuition under this section and provides evidence satisfactory to the division that:

(i)the applicant was in the custody of the division for an aggregate period of not less than 24 months; and

(ii)the course or courses for which the applicant is seeking a tuition waiver meet the requirements of Subsection

(3);

(d)applies under Subsection (2)(c) for the first time before the age of 22;

(e)is certified by the financial aid officer at the higher education institution as needing the tuition waiver in order to meet recognized educational expenses;

(f)maintains satisfactory academic progress, as defined by the institution of higher education, for each term or semester in which the individual is enrolled, which may be measured by the definition used for federal student assistance programs under Title IV of the Higher Education Act of 1965; and

(g)has not achieved a bachelor's degree and has received tuition reimbursement under this section for less than 124 semester credits or 180 quarter credits at an institution of higher education.

(3)A ward of the state is eligible for a tuition waiver under this section of not more than nine semesters.

(4)Tuition shall be waived:

(a)after the individual has applied for financial assistance, including scholarships and Pell Grants; and

(b)only to the extent that the tuition is not covered or paid by any scholarship, trust fund, statutory benefit, Pell Grant, or any other source of tuition coverage available for a waiver under this section.

(5)An institution of higher education shall waive tuition under this section only for courses that are applicable toward the degree or certificate requirements of the program in which the student is enrolled.

(6)Upon receiving an application under this section, the division shall determine whether the applicant and the courses for which tuition waiver is sought meet the requirements of this section and, if so, shall approve the application and notify the institution that the application has been approved.

(7)The division shall provide the necessary forms and applications and cooperate with the state's institutions of higher education in developing efficient procedures for the implementation of this section.

(8)The division shall reimburse the state's institutions of higher education for any tuition waived under this section.

(9)The Legislature may annually appropriate the funds necessary to implement this section, including money to offset the reimbursement of tuition waivers.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1