Committee
Education; Appropriations
Author
Richard Bennett
Session
2022 Session
House Bill 1313, known as the “State Representative Bill Kinkade Fostering Access and Inspiring True Hope (FAITH) Scholarship Program Act,” would provide some foster care children with free tuition at public universities and colleges, as well as cover fees associated with job training courses or skill certifications.
Under HB 1313, the FAITH Scholarship would be available to individuals who have been in the state foster care program or placed in a residential child care agency, including those who were subsequently adopted. However, as written, there are further restrictions on eligibility that are likely unintended.
In Section 2(e)(i), eligibility is defined as “Any individual, currently or formerly in the state foster care program, who entered such program after attaining the age of fourteen (14) years but has not reached twenty-six (26) years of age…” Under this language, only children who entered the state foster care program after their 14th birthday would be eligible for FAITH. Children who entered the foster care system before the age of 14 would be ineligible. Though presumably unintended, this is an arbitrary cutoff that would likely disqualify the vast majority of foster care children.
Additionally, in Section 2(e)(iii), eligibility for adopted children is defined as “Any individual adopted from the state foster care program, or adopted while residing at a residential child care agency as described in subsection (2) at the age of fourteen (14) and who has not reached twenty-six (26) years of age.” Under this language, children would have to be adopted specifically at the age of fourteen in order to be eligible for FAITH. Children adopted before or after the age of 14 would be ineligible. Again, while presumably unintended, this would disqualify the vast majority of adopted children.
We strongly suggest revisiting Section 2(e)(i-iii) to avoid arbitrary disqualification of certain foster care children from FAITH eligibility.
Under HB 1313, recipients of FAITH would be selected on a first-come, first-served basis. In the first year of FAITH, the scholarship would be limited to 150 recipients. In each subsequent year, up to 150 new applicants would be eligible for FAITH. Overall, the program would be limited to 900 recipients, which could mean closing FAITH to all new applicants after six years. There are reportedly over 4,000 children in the foster care system in Mississippi.
On February 3, the House passed HB 1313 with a vote of 118-4. It will now be transmitted to the Senate.
Updates
3/3/22 Update:
On February 24, the Senate Universities and Colleges Committee passed HB 1313 with a “strike-all” amendment, replacing the entirety of HB 1313 with language inserted by the Senate. As amended, HB 1313 remains essentially the same bill as before, but there is now more clarification on which foster care children would be eligible for FAITH as well as some additional provisions to ensure that students are able to attain housing.
HB 1313 now extends eligibility to individuals, under the age of 26, who
- Were in the custody of the Department of Child Protective Services after turning 13;
- Resided in a qualified residential child care facility after turning 13; or
- Were adopted from the custody of the Department of Child Protective Services or a qualified residential child care facility after turning 13
On March 1, the Senate Appropriations Committee passed HB 1313 as amended. The bill will now go to the Senate floor for a full vote.
3/10/22 Update:
On March 8, the Senate passed HB 1313 as amended. In addition to amendments made in committee, the Senate added a reverse repealer to HB 1313. The bill now goes to the House for concurrence, though the House will almost certainly invite conference due to the reverse repealer.
3/17/22 Update:
On March 16, the House voted to invite conference on HB 1313. This was expected since the current bill has a reverse repealer, though it is possible that conferees may make additional changes to the bill.
3/29/2022 Update:
Conferees failed to produce a conference report amenable to a majority of conferees by the March 28 deadline. HB 1313 is now dead.
The Senate conferees for HB 1313 were Senators Briggs Hopson, John Polk, and Rita Potts Parks. The House conferees for HB 1313 were Representatives Richard Bennett, John Read, and Ronnie Crudup.
3/30/22 Update:
On March 29, the House and the Senate voted to adopt House Concurrent Resolution 89, which extends the 2022 Regular Session and suspends deadlines for certain bills, including HB 1313. Conferees for HB 1313 now have another opportunity to file a conference report.
3/31/22 Update:
On March 30, House and Senate conferees filed a conference report for HB 1313. The House has adopted the conference report; we are still waiting on the Senate. Once the Senate adopts the conference report, the bill will go to the Governor to be signed into law.
The final bill contains some changes from previous versions. These are as follows:
Eligibility
Recipients must now be under 25 years of age (rather than 26) to receive the FAITH Scholarship. In accordance with amendments initially made by the Senate, eligibility is extended to individuals who
- Were in the custody of the Department of Child Protective Services after turning 13;
- Resided in a qualified residential child care facility after turning 13; or
- Were adopted from the custody of the Department of Child Protective Services or a qualified residential child care facility after turning 13
The conference report for HB 1313 also includes not-for-profit private institutions of higher learning (IHLs) under “approved postsecondary educational institutions,” meaning that eligible students may use their scholarship at private colleges and universities in Mississippi. Originally, the FAITH Scholarship only included public IHLs, community or junior colleges, and public workforce training facilities. Public IHLs and community colleges are still included; public workforce training facilities are not.
Number of scholarships
The number of available scholarships will now be up to the Mississippi Postsecondary Education Financial Assistance Board. There is no longer a prescribed cap on applicants per year, though the number of available scholarships may be limited due to funding. Originally, the program would be open to 150 new applicants annually until 900 scholarships were given out. Because HB 1313 does not contain an appropriation, the level of funding will be determined on an annual basis by the legislature, which will determine the number of available scholarships (as well as award amounts).
Award amounts
Under the final version of HB 1313, scholarships will cover “up to the cost of attendance,” meaning that scholarship recipients may receive less than the full cost of attendance. Originally, scholarships were intended to pay 100% of tuition and required fees, including room and board. This is no longer the case. Scholarship award amounts will now be determined by the Postsecondary Education Financial Assistance Board and may vary year-to-year based on annual appropriations for the program.
Additionally, students attending not-for-profit private IHLs may only receive up to the average cost of attendance at public IHLs. Because private IHLs tend to be more expensive than public IHLs, students attending private schools will almost certainly receive less than the cost of attendance.
Importantly, scholarship recipients may combine their award with other forms of financial aid, including grants and other scholarships.
Other provisions
The conference report for HB 1313 adds a provision to state law that any FAITH-eligible individual, upon turning 18, has the right to rent property. Originally, the Senate-amended version of HB 1313 extended this right to all individuals once they reach 18 years of age. Current state law does not bar 18 year-olds from renting property, but it also does not guarantee this right.
The conference report for HB 1313 also allows the Department of Child Protection Services to disclose records to the Postsecondary Education Financial Assistance Board to verify aspects of a potential FAITH Scholarship recipient’s eligibility.
Updates
4/25/22 Update:
On April 18, Governor Tate Reeves signed HB 1313 into law. The bill will go into effect on July 1.