Print Friendly SENATE BILL NO. 1118 – Scholarships, success, created
SENATE BILL NO. 1118
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S1118.........................................................by STATE AFFAIRS
SCHOLARSHIPS - Amends, adds to and repeals existing law to adopt a Success
Scholarship Program to provide a level of financial support to Idaho students
who have graduated from an Idaho high school or who have obtained an Idaho GED
and are enrolled full-time at an eligible Idaho public college or university;
to provide that the scholarship is to help defray the cost of attendance at
the public postsecondary institution where the student is enrolled; and to
provide that a portion of the lottery proceeds be devoted to the scholarship
and additional funds as they become available.
02/13 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1118
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CREATION OF SUCCESS SCHOLARSHIPS FOR IDAHO STUDENTS IN POST-
3 SECONDARY INSTITUTIONS IN IDAHO; REPEALING SECTIONS 33-4303 THROUGH
4 33-4315, IDAHO CODE; AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 33-4304, IDAHO CODE, TO STATE THE OBJECTIVE;
6 AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
7 TION 33-4305, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 43, TITLE 33,
8 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-4306, IDAHO CODE, TO
9 DEFINE STUDENT ELIGIBILITY; AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY
10 THE ADDITION OF A NEW SECTION 33-4307, IDAHO CODE, TO SPECIFY THE DURATION
11 OF A SUCCESS SCHOLARSHIP; AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY
12 THE ADDITION OF A NEW SECTION 33-4308, IDAHO CODE, TO SPECIFY THE AMOUNT
13 OF THE SCHOLARSHIP; AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY THE
14 ADDITION OF A NEW SECTION 33-4309, IDAHO CODE, TO GOVERN ADMINISTRATION OF
15 THE SUCCESS SCHOLARSHIP; AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY THE
16 ADDITION OF A NEW SECTION 33-4310, IDAHO CODE, TO GOVERN TERMINATION OF
17 SCHOLARSHIPS; AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BY THE ADDITION
18 OF A NEW SECTION 33-4311, IDAHO CODE, TO PROVIDE CREATION OF THE SUCCESS
19 SCHOLARSHIP FUND; AMENDING SECTION 67-7434, IDAHO CODE, TO PROVIDE A DIS-
20 TRIBUTION OF LOTTERY DIVIDENDS TO THE SUCCESS SCHOLARSHIP FUND AND TO
21 STRIKE OBSOLETE LANGUAGE; AMENDING SECTION 33-2101A, IDAHO CODE, TO DELETE
22 CODE REFERENCES; AND AMENDING SECTION 33-4604, IDAHO CODE, TO PROVIDE COR-
23 RECT CODE REFERENCES.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Sections 33-4303 through 33-4315, Idaho Code, be, and the
26 same are hereby repealed.
27 SECTION 2. That Chapter 43, Title 33, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 33-4304, Idaho Code, and to read as follows:
30 33-4304. OBJECTIVE. (1) The objective of this act is to provide a level
31 of financial support to Idaho students who have graduated from an Idaho high
32 school or who have obtained an Idaho GED and are enrolled full time at an eli-
33 gible Idaho public college or university. This level of financial support is
34 intended to help defray the cost of attendance at the public postsecondary
35 institution where the student is enrolled.
36 (2) A further purpose of this act is to encourage Idaho high school stu-
37 dents to pursue a public college education in Idaho and to complete a first
38 four (4) year degree within a maximum of nine (9) semesters or a first two (2)
39 year degree within a maximum of five (5) semesters (the number of semesters is
40 so determined as the initial award is not made until the second semester of
41 college enrollment).
1 SECTION 3. That Chapter 43, Title 33, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 33-4305, Idaho Code, and to read as follows:
4 33-4305. DEFINITIONS. (1) "Academic year" means any consecutive period of
5 two (2) semesters, three (3) quarters or other comparable units commencing
6 with the fall term each year.
7 (2) "Award recipient" means a student awarded a success scholarship.
8 (3) "Board" means the Idaho state board of education and board of regents
9 of the university of Idaho.
10 (4) "Eligible institution" means any Idaho public postsecondary institu-
12 (5) "Full time" means:
13 (a) In the case of the first year eligibility, satisfactory completion of
14 at least twelve (12) student credit hours during the student's first regu-
15 lar session/semester of enrollment. Regular session/semester excludes sum-
16 mer session.
17 (b) In the case of continuing eligibility, satisfactory completion of at
18 least twelve (12) student credit hours during semester enrollment.
19 (c) Due to the limited duration of this scholarship, it is the intention
20 of this program that the student earn sufficient credit to obtain a
21 certificate/degree within the time prescribed by law therefor:
22 (i) The student credit hour calculation shall include:
23 1. Earned student credit hours which count towards
24 certificate/degree (for example, grades of "A," "B," "C," "D,"
25 or "CR" for credit).
26 2. A passing grade for developmental/remedial/skills courses
27 (for example, a passing grade noted as a "P" for pass, "S" for
28 satisfactory, or "CR" for credit) needed for admission to col-
29 lege credit courses contributing to a degree program.
30 (ii) The student credit hour calculation shall exclude: grades of
31 "F" for failure, "N/C" for no credit, "I" for incomplete, "R/R" for
32 reregister, "PR" for progress, "U/S" for unsatisfactory, "W" for
33 withdrawal, "W/P" for withdrawal pass, "W/F" for withdrawal fail.
34 Even if an institution provides credit for courses in which a student
35 earns these or comparable grades, the credit hour calculation for the
36 purpose of the success scholarship program shall exclude them.
37 (6) "Graduate equivalent diploma" means:
38 (a) A diploma earned from an Idaho public high school.
39 (b) A diploma earned from an accredited Idaho private high school.
40 (c) A diploma earned from a home school program operating in Idaho. Stu-
41 dents are still subject to Idaho residency requirements.
42 (d) A diploma earned from an out-of-state high school pursuant to chapter
43 14, title 33, Idaho Code, because school facilities were not reasonably
44 available in the Idaho school district of their residence.
45 (e) In the event that the student has not received a diploma as described
46 above, an Idaho general educational development (GED) diploma. For GED
47 students, the GED certification date shall be considered the graduation
49 (7) "Probation" means:
50 (a) Any period of time of enrollment that students, which fail to meet
51 the continuing eligibility requirements, can reestablish eligibility for
52 the programs;
53 (b) The cumulative GPA and/or full-time requirements shall be determined
54 upon completion of each semester;
1 (c) The student is not eligible to receive the scholarship during the
2 probationary period;
3 (d) If the student is unsuccessful in reestablishing eligibility during
4 the probationary period, their scholarships will not be reinstated; and
5 (e) Under no circumstances shall the student receive awards in excess of
6 those prescribed in section 33-4304, Idaho Code, less the regular
7 semester(s) of probation.
8 (8) "Satisfactory academic progress" means, for continuing eligibility
9 following establishment of first year eligibility, maintenance of a cumulative
10 grade point average of a minimum of 2.5 or higher on a scale of 4.0 to be
11 determined at the end of each semester, to include summer session.
12 (9) "Success scholarship" means a scholarship awarded from proceeds of
13 the Idaho tuition fund to defray all or part of the cost of matriculation
15 SECTION 4. That Chapter 43, Title 33, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 33-4306, Idaho Code, and to read as follows:
18 33-4306. STUDENT ELIGIBILITY. (1) First year eligibility. To be eligible,
19 a student must meet the requirements which follow. Upon satisfaction of the
20 first year eligibility requirements, the scholarship will be awarded to the
21 student beginning with their second semester of enrollment. A scholarship may
22 be awarded to an Idaho resident who:
23 (a) Is a citizen of the United States or a permanent resident alien and
24 resident of Idaho. As used herein, Idaho residency is as defined in sec-
25 tion 33-3717, Idaho Code.
26 (b) Has a graduate equivalent diploma.
27 (c) Has met the admission requirements and is accepted for enrollment as
28 an undergraduate student at an eligible institution.
29 (d) Has obtained at least a 2.5 GPA during his first college semester.
30 (e) Has been enrolled full time in a certificate or degree-seeking pro-
31 gram at an Idaho postsecondary institution during the first regular semes-
32 ter immediately following the student's receipt of a graduate equivalent
34 (i) Mid-year high school graduates. Students in receipt of a gradu-
35 ate equivalent diploma which is dated after the eligible
36 institution's admissions deadline for degree status in the first reg-
37 ular semester, shall be permitted to enroll and establish eligibility
38 in the next immediate regular semester, excluding summer session.
39 (ii) Active military duty. Students, who, within one hundred twenty
40 (120) days of completion of a graduate equivalent diploma, begin ser-
41 vice in the United States armed forces can establish eligibility for
42 the scholarship during their first college semester if, within one
43 hundred twenty (120) days of completion of honorable service or medi-
44 cal discharge from the service, they are accepted for entrance to and
45 attend one (1) of the state's educational institutions.
46 (f) Has complied with all the rules adopted by the board for award of the
47 success scholarship.
48 (2) Continuing eligibility. A student's continuing eligibility shall be
49 determined on a semester basis.
50 (a) A success scholarship award may be reawarded to a student who:
51 (i) Maintains satisfactory academic progress; and
52 (ii) Remains enrolled for at least full-time status for consecutive
53 semesters or as provided in section 33-4307, Idaho Code.
1 (b) Students failing to meet continuing eligibility requirements shall
2 defer to the eligible institution for probation consideration.
3 SECTION 5. That Chapter 43, Title 33, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 33-4307, Idaho Code, and to read as follows:
6 33-4307. DURATION OF SCHOLARSHIP. (1) The initial scholarship shall begin
7 with the second semester of enrollment and continue for that academic year.
8 Thereafter, each scholarship is for a period of one (1) semester, subject to
9 revocation for failure to maintain eligibility. The scholarship may be renewed
10 on a semester basis until the award recipient has received eight (8) semesters
11 of scholarship awards, or until the student graduates with a bachelor's degree
12 from an eligible institution, whichever is sooner.
13 (2) An award recipient may use the award at an eligible two (2) year
14 institution until he/she receives four (4) semesters of scholarship awards or
15 an associate's degree and may receive four (4) semesters of additional awards
16 if he/she transfers in the following semesters to an eligible Idaho four (4)
17 year institution. In no case shall a student receive more than eight (8)
18 semesters of awards.
19 (3) A student may transfer from a four (4) year institution to a two (2)
20 year institution but, in no case shall a student receive more than four (4)
21 semesters of awards (including those awarded at the prior institution) or
22 until the student graduates with an associate's degree, whichever is sooner.
23 (4) A student participating in cooperative education, military or other
24 approved commitments may participate as long as the student has met the first
25 year eligibility requirements before entering into said obligations.
26 (a) Cooperative education. Students may maintain continuing eligibility
27 for this program if the student provides sufficient documentation to the
28 financial aid officer, with certification from the institution's coopera-
29 tive education office, that the "part-time enrollment" and/or
30 "nonenrollment" was due to a legitimate cooperative education placement.
31 The financial aid officer shall, in turn, ensure that the student does not
32 receive program awards in excess of those prescribed in this section and
33 shall exclude the semesters of "part-time enrollment" and/or
34 "nonenrollment" from the determination of remaining eligible award semes-
36 (b) Military commitments. Students may maintain continuing eligibility
37 for this program for a period of up to one (1) year of "nonenrollment" if
38 the student provides sufficient documentation to the financial aid offi-
39 cer, such as copies of authorized orders, that demonstrate the military
40 obligation. The financial aid officer shall, in turn, ensure that the stu-
41 dent does not receive program awards in excess of those prescribed in this
42 section and shall exclude semesters of "nonenrollment" from the determina-
43 tion of eligible award semesters.
44 (c) Other approved leave of absence. Students may obtain leave of absence
45 if the student provides sufficient documentation to the financial aid
46 officer to justify the leave of absence. The documentation may include
47 approval for authorized leave by the institution's academic vice presi-
48 dent, registrar, financial aid director, or other appropriate official.
49 The financial aid director shall, in turn, ensure that the student does
50 not receive program awards in excess of those prescribed in this section
51 and shall exclude the semesters of "nonenrollment" from the determination
52 of eligible award semesters.
1 SECTION 6. That Chapter 43, Title 33, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 33-4308, Idaho Code, and to read as follows:
4 33-4308. AMOUNT OF SCHOLARSHIP. The amount of the award may vary depend-
5 ent upon the amount of funds received from the tuition fund and the number of
6 eligible recipients. Scholarships shall only apply to matriculation fee costs.
7 Commission staff will, in May annually, notify all eligible institutions of
8 the percentage that each scholarship shall provide for the following academic
10 SECTION 7. That Chapter 43, Title 33, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 33-4309, Idaho Code, and to read as follows:
13 33-4309. ADMINISTRATION OF SUCCESS SCHOLARSHIP. (1) Eligible institutions
14 of higher education shall:
15 (a) Develop a method to notify students of their possible eligibility,
16 during their first regular semester of enrollment.
17 (b) Designate an officer responsible for the scholarship program. The
18 officer designated by the institution shall be responsible for determining
19 initial and continuing student eligibility for the success scholarship
20 program under the terms of these rules. The responsible officer shall
21 maintain a listing of each participating student to include, but not be
22 limited to:
23 (i) Social security number;
24 (ii) Semester and cumulative GPA;
25 (iii) Proof of initial and continuing enrollment;
26 (iv) Proof of receipt of a graduate equivalent diploma.
27 (c) Draw-down funds from the board on a per semester basis on behalf of
28 eligible students. All fiscal year draw-downs shall be for eligible stu-
29 dents enrolled during the same fiscal year.
30 (d) For students that satisfied the first year eligibility requirements
31 and seek continuing eligibility consideration, use professional judgment
32 to determine if circumstances beyond the student's control, for which doc-
33 umentation exists in the student's file, warrant flexibility to make the
34 program responsive to the student's needs within the guidelines of the
35 program. The institutions shall defer to their institutional satisfactory
36 academic progress policy when considering circumstances which include, but
37 are not limited to, consideration for falling below the cumulative GPA
38 requirement or being enrolled in less than full-time status.
39 (e) Provide an annual report to the board to include the number of awards
40 granted, amount of funds awarded, number of awards renewed and ethnicity
41 and gender of students receiving the success scholarship.
42 (f) Publish the probation policy.
43 (g) May enter into consortium agreements in order to greater facilitate
44 the enrollment of students and to facilitate the student's participation
45 in this program.
46 (2) The board shall:
47 (a) Invest through the state treasurer's office, the proceeds deposited
48 into the tuition fund. Earnings from investment of the fund shall accrue
49 to the credit of the fund. Any balance in the fund at the end of any fis-
50 cal year shall remain in the fund for appropriation.
51 (b) In May annually, notify all eligible institutions of the percentage
52 of tuition each scholarship shall provide for the following academic year.
1 (c) Convene an annual meeting with the financial aid directors of eligi-
2 ble institutions to review the program; and
3 (d) Conduct audits to ascertain compliance with rules. A random audit of
4 each participating institution's records shall take place on at least an
5 annual basis by members of the board staff. If, during the audit process,
6 evidence indicates that a student should not have received a success
7 scholarship, the institution will be held harmless for a semester payment,
8 if the student's file is appropriately documented. The institution must
9 notify the student of termination of their award, subject to continuing
10 eligibility requirements.
11 SECTION 8. That Chapter 43, Title 33, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 33-4310, Idaho Code, and to read as follows:
14 33-4310. TERMINATION OF SCHOLARSHIPS. A scholarship is terminated upon
15 noncompliance by the award recipient with the success scholarship program
16 rules, regulations or procedures as promulgated by the board.
17 SECTION 9. That Chapter 43, Title 33, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 33-4311, Idaho Code, and to read as follows:
20 33-4311. SUCCESS SCHOLARSHIP FUND. There is hereby created the success
21 scholarship fund in the state treasury which shall be used for the purposes of
22 the success scholarship award program created in this chapter. Money shall be
23 paid into the fund as provided by law or appropriation. The fund may accept
24 contributions and donations. Interest earned on the investment of the moneys
25 in the fund shall be returned to the fund. The board shall administer the fund
26 and report to the governor and the legislature annually.
27 SECTION 10. That Section 67-7434, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-7434. LOTTERY DIVIDENDS. Annually, on July 1, the lottery shall trans-
30 fer one- halfthird ( 1/2 1/3) of its net income to the permanent building
31 account, and one- halfthird ( 1/2 1/3) of its net income to the school district
32 building account, and one-third (1/3) to the success scholarship fund after
33 reserving sufficient moneys to ensure the continuation of the lottery, as
34 determined by the director and commission.
35 A one (1) time allotment of two hundred thousand dollars ($200,000) of the
36 lottery's first year dividends shall be allocated and used by the permanent
37 building fund advisory council for the construction of a Vietnam veterans
38 memorial in the state.
39 SECTION 11. That Section 33-2101A, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding
42 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404,
43 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103,
44 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108,
45 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114,
46 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123,
47 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139,
1 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001,
2 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1721,
3 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C and 67-5332,
4 Idaho Code, the term "junior college" shall mean and shall be denoted as
5 "community college."
6 SECTION 12. That Section 33-4604, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-4604. DEFINITIONS. As used in this chapter:
9 (1) "At-risk person" means any Idaho resident who meets three (3) or more
10 of the following five (5) criteria:
11 (a) Is a potential first-generation college student;
12 (b) Is handicapped as defined in section 504 of the rehabilitation act,
13 29 U.S.C. section 794;
14 (c) Is a migrant farmworker or other seasonal farmworker or a dependent
15 of a migrant farmworker or other seasonal farmworker;
16 (d) Is a minority person as defined in this chapter; or
17 (e) Has financial need as defined in this chapter.
18 (2) "Board" means the state board of education and the board of regents
19 of the university of Idaho.
20 (3) "Eligible student" means any graduate of an accredited Idaho second-
21 ary school who is an at-risk person as defined in this chapter and who
22 declares his intention to matriculate in an eligible postsecondary institution
23 in the state of Idaho during the education year immediately following applica-
24 tion for an award under this program.
25 (4) "Farmwork" means any agricultural activity, performed for either
26 wages or personal subsistence, on a farm, ranch or similar establishment.
27 (5) "Financial need" means the extent of a person's inability to meet the
28 institutionally defined cost of education at an eligible postsecondary insti-
29 tution through parent, family and/or personal resources as determined under
30 rules to be established by the state board of education.
31 (6) "Migrant farmworker" means a seasonal farmworker whose employment
32 required travel that precluded the farmworker from returning to his permanent
33 place of residence within the same day.
34 (7) "Minority person" means any Idaho resident who is a member of an eth-
35 nic group whose members historically have participated in postsecondary educa-
36 tion at a rate lower than their occurrence in the population of the United
37 States including, but not limited to, persons of native American, Afro-
38 American, and Hispanic-American descent.
39 (8) "Potential first-generation college student" means a person neither
40 of whose parents received a bachelor's degree.
41 (9) "Seasonal farmworker" means a person who, within the past twenty-four
42 (24) months, was employed for at least seventy-five (75) days in farmwork, and
43 whose primary employment was in farmwork on a temporary or seasonal basis
44 (that is, not as a constant year-round activity).
45 All terms not specifically defined in this chapter shall be defined as in sec-
46 tions 33-430 34 through 33-431 51, Idaho Code, governing the state of Idaho
47 scholarship program.
STATEMENT OF PURPOSE
The purpose of this legislation is to create a Success
Scholarship Program for Idaho students with the following
1. To provide a level of financial support to Idaho students who
have graduated from an Idaho high school or who have obtained an
Idaho GED and are enrolled full time at an eligible Idaho public
college or university
2. To encourage Idaho high school students to pursue a public
college education in Idaho and to complete a first four year
degree within a maximum of nine semesters or a first two year
degree within a maximum of five semesters.
The Success Scholarship Program would pay for up to 100% of
required fees to every high school graduate (or GED recipient)
who wants to attend an Idaho public college or university and has
met the requirements of the program.
The Success Scholarship Program will be financed with:
1. 1/3 of state lottery proceeds(for FY 2004 about $6.2
million from Lottery)
2. Promise Scholarship Funds (for FY 2004 about $4.4 million)
3. Five percent of profits from Tribal Gaming (potential
Using a nine per cent program participation rate and a twenty
percent program drop out rate (as experienced by other state
Success Scholarship Programs), the following is an estimate of
the program costs:
1st Year: FY05 (Spring of 2006) Program Participants: 1,620 cost
2ND Year: FY06 (School year 2006-2007) Program Participants:
1,296 for full year, 1,620 for only Spring Semester; cost $8.42
3rd Year: Fy07 (School Year 2007-2008) Program Participants 2,592
for full year, 1,620 for only the Spring semester; cost of $13.6
4th Year: FY08 (School year 2008-2009) Program participants 3,888
for full year, 1,620 for only spring semester, cost of $18.8
Thereafter, the approximate cost will be the same as the fourth
Name: Senator Sorensen
STATEMENT OF PURPOSE/FISCAL NOTE S111