Administrative Rule Review Report  #AR09-076

Legislative Service Office

21-Dec-09

AGENCY: Department of Education.

DATE SUBMITTED: December 11, 2009.

SUBJECT: Chapter 38, Hathaway Scholarship Program.

NATURE OF RULES:                     Legislative, procedural.

STATUTORY AUTHORITY:         W.S. 21‑16‑1308(b)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:  The rules are amended to make technical corrections throughout.  The rules are also amended to specify the ACT EXPLORE test as the "student career assessment" and to specify that eighth grade students shall take the assessment.  The rules specify that semesters of ineligibility count only toward  maximum scholarship eligibility time.  The rules are amended to specify that a student can reinstate eligibility by completing a certain number of semester hours.  The rules are amended to require that success curriculum course instruction is delivered by properly qualified teachers.

The rules are amended to reflect a name change from the Hathaway career scholarship to the Hathaway provisional opportunity scholarship and to specify that an additional provisional opportunity scholarship earned by a student may be used at the University of Wyoming.  The rules are amended to require one additional science course for the performance and honor scholarships.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/