20-26-613. Eligibility requirements -- basic residency requirements. (1) To be eligible to receive a scholarship, an entering freshman student seeking a certificate or an associate or baccalaureate degree at a postsecondary institution:
     (a) must be classified as a Montana resident for in-state tuition under the board's policy; and
     (b) for purposes of a scholarship based on financial need, must have met the admission requirements established by board policy, must have demonstrated financial need by completing the free application for federal student aid, and must be enrolled in a 2-year postsecondary program; or
     (c) for purposes of a merit-based scholarship, must meet the admission requirements established by board policy and those eligibility criteria established by the board, upon recommendation by the council, at least part of which must include a grade point average or a numerical score on a standardized college admission test, must be admitted, enrolled, or classified as an undergraduate student in a certificate program or an associate or baccalaureate degree program at a postsecondary institution, and must have completed the free application for federal student aid, which may not result in expected family contributions exceeding the cost of attendance.
     (2) To be eligible to receive a scholarship, an entering freshman student seeking a certificate or an associate or baccalaureate degree at a Montana private college:
     (a) must be classified as a Montana resident for in-state tuition under the board's policy; and
     (b) must meet the admission requirements and eligibility criteria established by the admissions office of the Montana private college.
     (3) To be eligible to receive a scholarship, a sophomore student seeking a certificate or an associate or baccalaureate degree at a 2-year or 4-year postsecondary institution or a Montana private college must meet the residency requirement provided in subsection (1)(a) or (2)(a) and, except for extenuating circumstances as determined through procedures established by the board:
     (a) (i) for a student who is receiving a scholarship based on financial need and who is attending a 2-year postsecondary program, must have completed all first year requirements for an associate degree, including satisfactory academic progress; or
     (ii) for a student who is receiving a merit-based scholarship and who is attending a 4-year postsecondary institution or a Montana private college, must have completed a minimum of 30 semester hours at the postsecondary institution or Montana private college;
     (b) must have earned a cumulative grade point average of 2.5 at the end of the school term in which the student completed 30 semester hours; and
     (c) must meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
     (4) Except as provided in subsection (6), to be eligible to receive a scholarship, a junior student seeking a baccalaureate degree at a postsecondary institution or a Montana private college must meet the residency requirement provided in subsection (1)(a) or (2)(a) and, except for extenuating circumstances as determined through procedures established by the board:
     (a) must have completed a minimum of 60 semester hours;
     (b) must have earned a cumulative grade point average of 2.5 at the end of the school term in which the student completed 60 semester hours; and
     (c) must meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
     (5) Except as provided in subsection (6), to be eligible to receive a scholarship, a senior student seeking a baccalaureate degree at a postsecondary institution or a Montana private college must meet the residency requirement provided in subsection (1)(a) or (2)(a) and, except for extenuating circumstances as determined through procedures established by the board:
     (a) must have completed a minimum of 90 semester hours;
     (b) must have earned a cumulative grade point average of 2.5 at the end of the school term in which the student completed a minimum of 90 semester hours; and
     (c) must meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.
     (6) A student who receives a 4-year scholarship to attend an in-state postsecondary institution as a freshman and sophomore may transfer the scholarship to attend a public out-of-state college or university as a junior or senior if the transfer to the public out-of-state college or university is necessary to complete the final 2 years of a 4-year degree program.
     (7) (a) If an at-large student fails to maintain a cumulative grade point average of at least 2.5 at the end of the school term in which the student completed the required semester hours, the scholarship is terminated.
     (b) A student may appeal a termination based on extenuating circumstances as determined through procedures established by the board.
     (8) A student is ineligible to receive a governor's postsecondary scholarship if the student:
     (a) has been awarded a Montana university system honor scholarship;
     (b) is a male and has failed to meet the federal Title IV selective service registration requirements;
     (c) is in default on a Title IV or state of Montana educational loan or owes a refund to a federal Title IV or state of Montana student financial aid program; 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, credits earned during incarceration may be counted toward eligibility.

     History: En. Sec. 7, Ch. 489, L. 2005.