1999 Legislation
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SENATE BILL NO. 1197 – Pat Beiter Promise Scholarship Prog

SENATE BILL NO. 1197

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S1197..........................................................by EDUCATION
PAT BIETER PROMISE SCHOLARSHIP PROGRAM - Amends existing law to expand the
honor student scholarship program for Idaho high school graduates
administered by the State Board of Education and the Board of Regents of
the University of Idaho; to provide conditions; and to rename the program
the "Pat Bieter Promise Scholarship Program."

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Educ

Bill Text


S1197


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1197

                                  BY EDUCATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO COLLEGE SCHOLARSHIPS; AMENDING SECTION  33-4303,  IDAHO  CODE,  TO
 3        PROVIDE  THAT  THE  SCHOLARSHIP  PROGRAM SHALL BE KNOWN AS THE "PAT BIETER
 4        PROMISE SCHOLARSHIP PROGRAM"; AMENDING SECTION  33-4305,  IDAHO  CODE,  TO
 5        REVISE  PURPOSES;  AMENDING SECTION 33-4306, IDAHO CODE, TO FURTHER DEFINE
 6        TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION  33-4307,  IDAHO
 7        CODE,  TO  PROVIDE ELIGIBILITY REQUIREMENTS FOR CATEGORY A  AND CATEGORY B
 8        PARTICIPANTS, TO PROVIDE GRANT PROVISIONS FOR CATEGORY B PARTICIPANTS  AND
 9        TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 33-4308, IDAHO CODE, TO
10        PROVIDE FOR THE MAXIMUM NUMBER OF GRANTS FOR CATEGORY  A  AND  CATEGORY  B
11        STUDENTS; AMENDING SECTION 33-4309, IDAHO CODE, TO PROVIDE FOR CONTINUANCE
12        IN THE CASE OF EXTREME HARDSHIP; AND AMENDING SECTION 33-4313, IDAHO CODE,
13        TO  EXPAND  THE  DUTIES OF THE BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO
14        AND THE STATE BOARD OF EDUCATION REGARDING SCHOLARSHIPS AND TO MAKE  TECH-
15        NICAL CORRECTIONS.

16    Be It Enacted by the Legislature of the State of Idaho:

17        SECTION  1.  That  Section 33-4303, Idaho Code, be, and the same is hereby
18    amended to read as follows:

19        33-4303.  SHORT TITLE. This act shall be known  and  cited  as  the  
20    "State of Idaho   "Pat Bieter Promise  Scholarship Program."

21        SECTION  2.  That  Section 33-4305, Idaho Code, be, and the same is hereby
22    amended to read as follows:

23        33-4305.  PURPOSES. The purpose of this act is: (1)  To establish a  state
24    scholarship   program   for   the   most   talented   Idaho  secondary  school
25    graduates , consisting of category A students with  outstanding  academic
26    qualifications  and  category B students who graduate with a 3.0 ("B") average
27    or better and meeting any other criteria as may be established by the board of
28    regents of the University of Idaho or the state board of education,  who
29    will enroll in undergraduate nonreligious academic and vocational programs  in
30    eligible postsecondary institutions in the state; and
31        (2)  To designate the state board of education and the board of regents of
32    the  University  of  Idaho  as  the  administrative agency for the  state
33      Pat Bieter promise  scholarship program.

34        SECTION 3.  That Section 33-4306, Idaho Code, be, and the same  is  hereby
35    amended to read as follows:

36        33-4306.  DEFINITIONS.  As  used in this act, unless the context otherwise
37    requires:
38        (1)   "Eligible postsecondary institution" means an educational orga-
39    nization within the state as follows: 


                                          2

 1         (a)    "  Eligible  p    P  ublic  post-
 2        secondary  institution" means a public postsecondary organization governed
 3        or supervised by the state board of education, the board of regents of the
 4        University of Idaho, a board of trustees of a   junior    
 5        community  college established pursuant to the provisions of section
 6        33-2106, Idaho Code, or the state board of vocational education.
 7        (  b   2 )  " Independent   Eligible
 8     colleges and universities" means any    accredited    educa-
 9    tional  organization  which is operated privately and not for profit under the
10    control of an independent board and not directly controlled or administered by
11    a public or political subdivision.
12        ( 2  3 )  "Educational costs"  means  student  costs
13    for  tuition,  fees,  room  and  board,  or  expenses  related  to  reasonable
14    commuting, books and such other expenses reasonably related to attendance at a
15    postsecondary educational institution.
16        (  3  4 )  "Resident student" means an individual as
17    defined in section 33-3717  or 33-2110B , Idaho Code.
18        ( 4  5 )  "Full-time student"  means  an  individual
19    who  is  enrolled  in  and is carrying a sufficient number of credit hours, or
20    their equivalent ;  ,  to secure an  individual's  first
21    degree,  certificate, diploma, or less, toward which the individual is working
22    in no more than the number of semesters, or equivalent, normally  required  by
23    the postsecondary educational institution in the program in which the individ-
24    ual is enrolled.
25        (  5  6 )  "Undergraduate student" means an individ-
26    ual who is enrolled in a postsecondary educational institution which leads  to
27    or  is directly creditable toward the individual's first baccalaureate degree,
28    certificate, diploma, or less; provided such  baccalaureate  degree,  certifi-
29    cate,  diploma  or less program requires at least six (6) months or equivalent
30    of consecutive attendance. A student engaged in a four (4) year  baccalaureate
31    program  shall not be terminated by having earned an intermediate degree, cer-
32    tificate, or diploma.
33        ( 6  7 )  "Enrollment" means the  establishment  and
34    maintenance  of  an individual's status as a student in a postsecondary educa-
35    tional institution, regardless of the term used at the institution to describe
36    such status.
37        ( 7  8 )  "Eligible  category A  student"
38    means any graduate of an accredited secondary school in the state of Idaho who
39    declares his intention to matriculate in an eligible  public  post-
40    secondary institution  or  eligible  independent  college  or  university
41     in the state of Idaho during the educational year immediately following
42    such graduation.
43          (9)  "Eligible category B student" means any graduate of an accred-
44    ited secondary school in the state of Idaho  who  declares  his  intention  to
45    matriculate in a public postsecondary institution or eligible independent col-
46    lege  or  university  in  the  state of Idaho during two (2) educational years
47    immediately following such graduation and qualifies  as  a  resident  student.
48    
49        ( 8  10 ) "Grant" means an award to an eligible stu-
50    dent  for  matriculation in an eligible postsecondary institution in the state
51    of Idaho.
52        ( 9  11 ) "Educational year" means the  period  from
53    July 1 of a year through June 30 of the succeeding year.
54        (1  0  2 ) "Competitive examination" means standard-
55    ized examination(s) measuring achievement administered annually on a voluntary


                                          3

 1    basis on a specified date and at specified locations announced publicly.
 2        (1 1  3 ) "High school record"    means  
 3      for category A students will be defined by the state board of education
 4    and the board of regents of the University of Idaho and may include,  but  not
 5    be  limited to,  an individual's rank in his secondary school class
 6    , grade point average, and difficulty of course load taken    as  certi-
 7    fied  by  an  official of such secondary school, and  an   the
 8     individual's secondary school deportment as evaluated by at  least  two
 9    (2) officials of such secondary school.
10          (14) "High  school record" for category B students shall be defined
11    by the state board of education and the board of regents of the University  of
12    Idaho and may include, but not be limited to, an individual's secondary school
13    grade  point  average  as  certified  by an official of such secondary school.
14    

15        SECTION 4.  That Section 33-4307, Idaho Code, be, and the same  is  hereby
16    amended to read as follows:

17        33-4307.  ELIGIBILITY  --  MAXIMUM  AMOUNTS  -- CONDITIONS. A grant may be
18    awarded to an eligible student for matriculation at an eligible  postsecondary
19    educational institution in the state of Idaho if:
20        (1)  The  individual is accepted for enrollment as a full-time undergradu-
21    ate student, as follows:
22        (a)  In the case of an individual beginning his  first  year  or  freshman
23        year  of postsecondary education, he has satisfied requirements for admis-
24        sion and has enrolled in an  eligible  postsecondary  institution.   
25        Eligible  category A and category B students may enroll in either a public
26        postsecondary institution or an independent college or university  in  the
27        state to be eligible for an award. 
28        (b)  In  the  case  of an individual enrolled in an eligible postsecondary
29        institution following the successful completion of the first term, he con-
30        tinues to meet the requirements of this act and has maintained  such  high
31        standards  of performance as may be required.  Provided that high academic
32        standards are maintained in accordance with requirements of this  chapter,
33        a  student  continues to be eligible when transferring from one major pro-
34        gram to another.
35        (c)  In the case of an individual transferring from one (1) eligible post-
36        secondary institution in Idaho to another eligible postsecondary  institu-
37        tion  in  Idaho,  he  continues  to  meet the requirements of this act, is
38        accepted at the eligible postsecondary institution to which he  is  trans-
39        ferring,  and  has maintained such high standards of performance as may be
40        required.
41     Category A and category B students may transfer to another eligible pub-
42    lic postsecondary institution or an eligible independent  college  or  univer-
43    sity. 
44        (2)  The  grant    for category A students  is  in amounts
45     as follows:
46        (a)  The grant payment to an individual per educational  year  for  atten-
47        dance  on a full-time basis is not in excess of an amount determined annu-
48        ally by the state board of education or in excess of the total educational
49        costs as certified by an official of the eligible  postsecondary  institu-
50        tion  to  be  attended by the individual receiving the grant, whichever is
51        less.
52        (b)  The total grant payments over a period of six (6) years to  an  indi-
53        vidual  may  not  exceed  four  (4) annual grants or the total educational


                                          4

 1        costs for four (4) educational years completed as certified by an official
 2        of the eligible postsecondary institution or institutions attended by  the
 3        individual receiving the grant, whichever is less.
 4        (  3    c  )  The  individual receiving such a grant
 5        signs an affidavit stating that the grant will  be  used  for  educational
 6        costs only.
 7        (  4    d  )  The  grant  is awarded on the basis of
 8        extraordinary performance in standardized, unweighted competitive examina-
 9        tion and high school record.
10        ( 5  e )  The individual receiving the grant is  not
11        precluded  from  receiving  other financial aids, awards, or scholarships,
12        provided the total of the grant and such other financial aids,  awards  or
13        scholarships does not exceed the total educational costs for attendance at
14        an  eligible  postsecondary institution as certified by an official of the
15        eligible postsecondary  institution  to  be  attended  by  the  individual
16        receiving the grant.
17        (  6    f )  Grant payments shall correspond to aca-
18        demic terms, semesters, quarters or equivalent time periods at an eligible
19        postsecondary institution; in no instance may the entire amount of a grant
20        for an educational year, as defined in section 33-4306( 9 
21        11 ), Idaho Code, be paid  to  or  on  behalf  of  such  student  in
22        advance.
23        (  7    g  )  The  individual has complied with such
24        rules  and regulations  as may be necessary for the administra-
25        tion of this act.
26         (3)  The grant for category B students is as follows:
27        (a)  The grant payment to an individual per educational  year  for  atten-
28        dance  on a full-time basis is not in excess of an amount determined annu-
29        ally by the state board of education.
30        (b)  The total grant payments over a period of four (4) years to an  indi-
31        vidual may not exceed two (2) annual grants.
32        (c)  The individual receiving such a grant signs an affidavit stating that
33        the grant will be used for educational costs only.
34        (d)  The  grant  is  awarded  on the basis of high school record and other
35        criteria as may be established by the state board  of  education  and  the
36        board of regents of the University of Idaho.
37        (e)  The  individual  receiving  the grant is not precluded from receiving
38        other financial aids, awards or scholarships except that category  A  stu-
39        dent award recipients are not eligible for category B awards.
40        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
41        ters or equivalent time periods at an eligible postsecondary  institution;
42        in  no  instance may the entire amount of a grant for an educational year,
43        as defined in section 33-4306(9), Idaho Code, be paid to or on  behalf  of
44        such student in advance.
45        (g)  The  individual  has complied with such rules as may be necessary for
46        the administration of this chapter. 

47        SECTION 5.  That Section 33-4308, Idaho Code, be, and the same  is  hereby
48    amended to read as follows:

49        33-4308.  MAXIMUM  NUMBER  OF GRANTS.  (1)  The total number of
50    grants to eligible  category A  students shall not exceed one  hun-
51    dred  (100)  per year, nor a cumulative total number of grants of four hundred
52    (400)  outstanding at any given time .
53         (2)  The total number of grants  to  category  B  students  will  be


                                          5

 1    determined annually by the board of regents of the University of Idaho and the
 2    state  board  of education based on the number of eligible students, the indi-
 3    vidual award amount and availability of funds. 

 4        SECTION 6.  That Section 33-4309, Idaho Code, be, and the same  is  hereby
 5    amended to read as follows:

 6        33-4309.  REMITTANCE  IN  CASE  OF DISCONTINUED ATTENDANCE. A grant may be
 7    made annually for a period not to exceed an educational year. If  the  student
 8    discontinues  attendance  before  the  end  of any semester, quarter, term, or
 9    equivalent, covered by the grant after receiving payment under this  act,  the
10    eligible  postsecondary  institution shall remit, up to the amount of any pay-
11    ments made under this grant, any prorated tuition, fees or room and board bal-
12    ances to the state board of education and the board of regents of the  Univer-
13    sity of Idaho. The student shall be required to remit, up to the amount of any
14    other  reasonable  grant  balances,  such grant balances to the state board of
15    education and the board of regents of the University of Idaho.    In  the
16    event of extreme hardship as determined by the board of regents of the Univer-
17    sity of Idaho or the state board of education, a student may request waiver of
18    remittance. 

19        SECTION  7.  That  Section 33-4313, Idaho Code, be, and the same is hereby
20    amended to read as follows:

21        33-4313.  DUTIES OF BOARD. The state board of education and the  board  of
22    regents of the University of Idaho shall be responsible for:
23        (1)  Supervision of the issuance of public information concerning the pro-
24    visions of this act.
25        (2)  Determination of recipients of grants made pursuant to the provisions
26    of this act.
27        (3)  Adoption of rules  and regulations  necessary for process-
28    ing and approving applications from students.
29        (4)  Determination of the procedures for payment of grants to recipients.
30        (5)  Maintenance  of fiscal controls and fund accounting procedures as may
31    be necessary to assure proper disbursement of funds.
32        (6)  Submission of annual reports to the governor and legislature.
33        (7)  Establishment of a reasonable and fair  appeal  procedure  for  those
34    students and institutions who may have been adversely affected by the applica-
35    tion procedures.
36        (8)  Holding  a  public  hearing,  prior  to  the adoption of rules ,
37      and regulations,  for the purpose of  providing  interested
38    parties  with the opportunity of discussing such rules .   and
39    regulations. 
40         (9)  Acceptance of funds from public and private sources,  and  such
41    funds  are hereby perpetually appropriated to the board of regents of the Uni-
42    versity of Idaho and the state board of education for  expenditure  consistent
43    with the purposes of this chapter.
44        (10) In  the  event funds from the master tobacco settlement agreement are
45    used for category B scholarships, the board of regents of  the  University  of
46    Idaho  and  the  state  board of education may make receipt of any scholarship
47    pursuant to this chapter contingent on a student remaining drug,  alcohol  and
48    tobacco free during high school and for the duration of the scholarship, or to
49    age  twenty-one  (21)  years,  according to procedures adopted by the board of
50    regents or the state board of education. 

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                             RS 09056C1

                  PAT BIETER PROMISE SCHOLARSHIPS

The purpose of this amendment is three fold. First, it changes
the name of the Idaho State Scholarship Program to the Pat
Bieter Promise Scholarship Program. Second, it will encourage a
larger number of our high school graduates to continue their
education by providing deserving students a scholarship to help
defray education costs. Third, this legislation will provide a
powerful incentive for high school students to finish high
school and achieve good grades. College costs are rising much
faster than the rate of inflation. Changes in federal policy
have resulted in a large reduction in the number of federal
grants available for postsecondary students in favor of
federally backed student loans. About 60 percent of Idaho's
four-year college students incur debt to go to college, and the
average debt load upon graduation is approximately $15,000. The
number of Idaho high school graduates enrolling in college each
fall has been declining. Currently, only about 34 percent of
high school graduates elect to continue their education the next
academic year at a state public or private postsecondary
institution. Thirteen percent of our high school graduates elect
to continue their education out of state, so the total
continuation rate of Idaho high school seniors is approximately
47 percent. The national average continuation rate for high
school seniors is approximately 75 percent. Even though the
resident fees to attend Idaho's public colleges are among the
lowest in the nation, many of our students cannot afford to
continue their education. The State stands to benefit greatly
both socially and economically if more of our high school
students are motivated to excel academically and to continue
their education in an Idaho postsecondary institution. In 1992,
the State of Georgia enacted the Hope Scholarship Program, which
provides tuition and fees for four years to qualified students.
Many Georgians consider the Hope Scholarship one of the best and
most successful policy initiatives in the state's history. The
Pat Bieter Promise Scholarship proposal is modest by comparison
to the Georgia Hope Scholarship. Under the Pat Bieter proposal,
high school graduates with a GPA of 3.0 or better, if enrolled
in a state public or private postsecondary institution within
two years of graduation, would receive a scholarship for up to
two years of schooling. The scholarship would only partially
cover fees and other costs, but it will provide an important
incentive for students to continue their education.


                            FISCAL NOTE

There is no additional fiscal impact until the Category B
Scholarship is funded. The future fiscal impact of this amended
legislation will vary with the number of students eligible for
Category B scholarship and electing to continue their education
at a state public institution. About 16,500 seniors graduate
from Idaho public and private high schools each year and nearly
half have a 3.0 or better grade point average. If this
Legislative proposal is successful in motivating 60 percent of
those students with a 3.0 or better average to continue their
education at an Idaho public institution each year,
approximately 4,950 students would be eligible for a
scholarship. The award amount each year would be set by the
State Board of Education and depend on the amount of public and
private funding available. If, for example, this award is set
at $500 per semester ($1000 per year) for the maximum two-year
period, the cost would be $4,950,000 in the first year and
$9,900,000 each year thereafter. A broadly based scholarship
program of the type contained is this legislative proposal is
an ideal candidate for funding with Idaho Tobacco settlement
funds.









CONTACT: Senator Robert R. Lee
          332-1349
          


STATEMENT OF PURPOSE/ FISCAL NOTE     S1197