W. Va. Code R. § 112-18-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 112-18-3 - Eligibility

3.1. A student is eligible to apply to participate in the Hope Scholarship Program if the student:

3.1.1. Is a resident of the State of West Virginia;

3.1.2. Has not successfully completed a secondary education program;

3.1.3. Is under 21 years of age; and

3.1.4. Meets one of the following criteria at the time an enrollment application is submitted:

3.1.4.a. The student is eligible to be enrolled in a kindergarten program in West Virginia according to W.Va. Code § 18-8-1a; Provided, That if a student has not yet attained the age of five by July 1 and would not be eligible to be enrolled in a kindergarten program under the provisions of W. Va. Code § 18-5-18, the student may become eligible for a Hope Scholarship if the student successfully enrolls in a public kindergarten program in West Virginia through the public kindergarten program's early entrance process. If a student who has not yet attained the age of five by July 1 and who is unable to enroll in a public kindergarten through an early entrance process otherwise attends a kindergarten program authorized under W.Va. Code § 18-8-1a, that student is considered an existing private school or homeschool student who must meet the eligibility requirement under subdivision 3.1.4.c. of this rule to become eligible for the Hope Scholarship Program since the student is no longer eligible for kindergarten.

3.1.4.b. The student was enrolled in an elementary or secondary public school education program in the State of West Virginia for the entire instructional term during the academic year immediately preceding the academic year for which the student is applying to participate in the Hope Scholarship Program; or

3.1.4.c. The student is enrolled full-time and attending an elementary or secondary public school education program in the State of West Virginia at the time of application and has been enrolled in said program for at least forty-five (45) consecutive calendar days during an instructional term. The student must remain enrolled and attending public school until an award letter is issued by the Board. To meet the attendance portion of this eligibility option, students shall not have unexcused absences during the public-school enrollment period that exceed the threshold to be considered chronically absent, which is ten percent of the calendar days enrolled in the public school.

3.2. Notwithstanding section 3.1., if on July 1, 2024, the participation rate of the combined number of students in the Hope Scholarship Program and students eligible who have applied to participate in the Hope Scholarship program during the previous school year is less than five percent of net public school enrollment adjusted for state aid purposes for the previous school year, then, effective July 1, 2026, a child is considered to meet the requirements of this paragraph if he or she is enrolled, eligible to be enrolled, or required to be enrolled in a kindergarten program or public elementary or secondary school program in this state at the time of application.

3.3. If a Hope Scholarship student becomes ineligible to participate in the program during the academic year based on the criteria in subsections 3.1.1. through 3.1.3., his or her account will terminate as provided in section 10 of this rule.

3.4. According to §18-8-1(m), a parent must provide notice of intent to participate in the Hope Scholarship Program to the county superintendent of the Hope Scholarship student's county of residence.

3.5. A student may appeal an eligibility determination of the Board by filing an appeal according to the procedure in W. Va. C.S.R. § 112-19-11.

W. Va. Code R. § 112-18-3