Summary
LSO presented a draft to allow Hathaway awards at accredited private postsecondary institutions; the committee tabled the draft and formed a working group to examine accreditation, eligible costs, accounting and constitutional issues.
Legislative staff presented a separate draft (26 LSO 96) to allow Hathaway scholarship recipients to use awards at certain private, postsecondary institutions in Wyoming. Committee members and witnesses raised questions about accreditation, program design, constitutional and budgetary implications, and the bill was tabled for further study.
Tanya Heitrich explained the core drafting challenge: Hathaway statute and administration are semester‑ and institution‑specific; many private schools operate on different academic calendars (for example, six‑ or nine‑month programs). That incompatibility affects satisfactory‑academic‑progress rules and payment mechanics. Heitrich also noted licensing and oversight questions for private postsecondary schools and flagged whether recipients at private institutions should be eligible for merit tiers, need‑based awards or both.
Witnesses from private institutions — including Wyoming Catholic College and WyoTech representatives — and the community‑college commission described differing business models and urged the committee to narrowly define eligibility and oversight. Kyle Washington of Wyoming Catholic College said private institutions represent a small share of recipients but pledged to work with the committee on technical details.
Committee members asked LSO about constitutional concerns raised by prior litigation in other contexts. Several legislators said they preferred to proceed cautiously; one recommended routing an appropriation through the Department of Education to reduce constitutional risk. Senator Scott recommended a stepwise approach and suggested restricting any initial pilot to regionally accredited institutions or to degree‑granting programs to reduce fiscal exposure.
The committee approved a motion to table the draft and form a working group to return in November with a more fully developed bill. Co‑chair volunteered to lead the working group and LSO will arrange meeting dates and prepare options for committee consideration.
Why it matters: allowing Hathaway awards to be used at private postsecondary institutions would broaden student choice but raises complex questions about accreditation, program calendars, auditability, constitutional appropriation rules and impacts on institutional revenue that require careful drafting.
Next steps: LSO will convene and support the working group, which will consult Department of Education, community colleges, the university and private institutions and return recommended draft language at the November meeting.
