39-10-105. (Temporary) Eligibility requirements. (1) To be eligible to receive a tuition scholarship through the natural resource workers' education program, an individual seeking a general educational development equivalency diploma through a program approved for funding by the superintendent of public instruction or enrolled in a training, certificate, or degree program offered at a community college or tribal college located in Montana or a unit of the Montana university system, as identified in 20-25-201, must:
     (a) be classified as a Montana resident for in-state tuition at the time of application;
     (b) have proof of employment through pay stubs, W-2 records, or records of the department of labor and industry that the individual was employed as a full-time, permanent employee for a minimum of 3 years in succession in a natural resource industry located in Montana; and
     (c) have been unemployed in a natural resource industry due to a closure or a permanent reduction in force occurring on or after January 1, 1998, by an employer in a natural resource industry located in Montana. A worker who has been affected only by a temporary or seasonal layoff is not eligible for a tuition scholarship.
     (2) An individual who meets the requirements of subsection (1) and who is seeking a general educational development equivalency diploma shall enroll in a program that has been approved for funding by the office of public instruction.
     (3) An individual who meets the requirements of subsection (1) and who is seeking a scholarship for a training or certificate program shall enroll in a program that has been approved by a community college, tribal college, or unit of the university system.
     (4) A freshman student who meets the requirements of subsection (1) and has been admitted, enrolled, or classified as an undergraduate student in a matriculated status is eligible to receive a retroactive scholarship to be paid at the end of the freshman year if the student earns a cumulative grade point average of at least 2.0 at the end of the school term in which the student attempted 30 semester hours.
     (5) To be eligible to receive a scholarship, a sophomore student seeking an associate or baccalaureate degree at a postsecondary institution must meet the requirements of subsection (1) and:
     (a) must have attempted a minimum of 30 semester hours at a postsecondary school;
     (b) must have earned a cumulative grade point average of at least 2.0 at the end of the school term in which the student attempted 30 semester hours;
     (c) must have maintained satisfactory academic progress in a course of study pursuant to the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
     (d) must meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
     (6) To be eligible to receive a scholarship, a junior student seeking a baccalaureate degree at a postsecondary institution must meet the requirements of subsection (1) and:
     (a) must have earned a cumulative grade point average of at least 2.0 at the end of the school term in which the student attempted 60 semester hours;
     (b) must have maintained satisfactory academic progress in a course of study pursuant to standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
     (c) must meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
     (7) To be eligible to receive a scholarship, a senior student seeking a baccalaureate degree at a postsecondary institution must meet the requirements of subsection (1) and:
     (a) must have earned a cumulative grade point average of at least 2.0 at the end of the school term in which the student attempted 90 semester hours;
     (b) must have maintained satisfactory academic progress in a course of study pursuant to the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
     (c) must meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
     (8) If a student fails to maintain a cumulative grade point average of at least 2.0 at the end of the school term in which the student attempted 30 semester hours, the scholarship is terminated.
     (9) An otherwise eligible student who regains a cumulative grade point average of at least 2.0 at the end of a school term in which the student attempted 60 semester hours may requalify for a scholarship.
     (10) A student is ineligible to receive a scholarship if the student:
     (a) if a male, failed to meet the federal Title IV selective service system registration requirements;
     (b) is in default on a federal Title IV or state of Montana educational loan or owes a refund on a federal Title IV or state of Montana student financial aid program;
     (c) has been convicted for committing certain felony offenses involving marijuana, controlled substances, or dangerous drugs; or
     (d) is incarcerated. Upon release, the student may begin receiving scholarship payments if the student meets all other eligibility requirements. If approved by the board of regents, credits earned during incarceration may be counted toward eligibility. (Terminates June 30, 2007--sec. 10, Ch. 586, L. 2001.)

     History: En. Sec. 5, Ch. 586, L. 2001.