Eligibility of commuting students and children of military personnel for state funded student financial aid, grants and scholarships

(a) Notwithstanding any other provision of this code or rule to the contrary, a student who attended a public or private high school outside the state is eligible for state funded student financial aid, grants and scholarships if: (1) The student meets all other eligibility requirements for the aid, grant or scholarship; and (2) The student resided in West Virginia while attending high school in another state, and: (A) The student resided with his or her parent or legal guardian who: (i) Was a resident of this state; and (ii) Had been a resident of this state for at least two years immediately preceding the student's attendance at the school; (B) The student commuted during the school term on a daily basis from this state to the school; (C) The student is a dependent of the parent or legal guardian upon which eligibility is based; (D) The student has not established domicile outside the state; and (E) At the discretion of the state Superintendent of Schools, as defined in section one, article one, chapter eighteen of this code: (i) The school is fully accredited in that state to the degree acceptable to the state Superintendent of Schools; and (ii) The school's curriculum requirements for graduation are equivalent to the curriculum requirements for graduation in this state, or sufficiently similar to those requirements, as determined by the state Superintendent of Schools; or (3) The student resided and attended high school in another state or a United States territory, United States possession or foreign country and: (A) The student resided with his or her parent or legal guardian; and (B) The student's parent or legal guardian: (i) Served in the United States Armed Forces while the student attended high school in such state, territory, possession or country; (ii) Was stationed for military purposes in such state, territory, possession or country; and (iii) Maintained legal residence in West Virginia while stationed in such state, territory, possession or country. (b) This section does not alter, amend or extend any application deadlines or other requirements established by law or policy.