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(1) Beginning in the 2001-02 academic year, and subject to the limitations in Subsections (2), (3), and (4), a state institution of higher education shall waive tuition for each ward of the state who meets the following requirements:
(a) applies, qualifies, and is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate;
(b) is a resident student of the state as determined under Section 53B-8-102;
(c) applies to the division for a waiver of tuition under this chapter and provides evidence satisfactory to the division that:
(i) the applicant was in the custody of the division for an aggregate period of not less than 24 months; and
(ii) the course or courses for which the applicant is seeking a tuition waiver meet the requirements of Subsection (2);
(d) applies under Subsection (1)(c) for the first time before the age of 22;
(e) is certified by the financial aid officer at the higher education institution as needing the tuition waiver in order to meet recognized educational expenses;
(f) maintains satisfactory academic progress, as defined by the institution of higher education, for each term or semester in which the individual is enrolled, which may be measured by the definition used for federal student assistance programs under Title IV of the Higher Education Act of 1965; and
(g) has not achieved a bachelor's degree and has received tuition reimbursement under this chapter for less than 124 semester credits or 180 quarter credits at an institution of higher education.
(2) A ward of the state is eligible for a tuition waiver under this section of not more than nine semesters.
(3) Tuition shall be waived:
(a) after the individual has applied for financial assistance, including scholarships and Pell Grants; and
(b) only to the extent that the tuition is not covered or paid by any scholarship, trust fund, statutory benefit, Pell Grant, or any other source of tuition coverage available for a waiver under this chapter.
(4) An institution of higher education shall waive tuition under this chapter only for courses that are applicable toward the degree or certificate requirements of the program in which the student is enrolled.