View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0749..........................................................by EDUCATION
SCHOLARSHIPS - Adds to and amends existing law to provide for a Category C
scholarship in the Robert R. Lee Promise Scholarship Program; and to
provide a requirement that students remain drug, alcohol and tobacco free.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 749
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE ROBERT R. LEE PROMISE SCHOLARSHIP; AMENDING SECTION 33-4306,
3 IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING CHAPTER 43, TITLE 33, IDAHO
4 CODE, BY THE ADDITION OF A NEW SECTION 33-4306A, IDAHO CODE, TO PROVIDE
5 ELIGIBILITY CRITERIA FOR CATEGORY C STUDENTS, TO PROVIDE THAT CATEGORY C
6 STUDENTS SHALL REMAIN DRUG, ALCOHOL AND TOBACCO FREE AND TO PROVIDE PROCE-
7 DURES; AND AMENDING SECTION 33-4307, IDAHO CODE, TO PROVIDE THE AMOUNT AND
8 LENGTH OF THE AWARD FOR CATEGORY C STUDENTS, TO PROVIDE FOR REPORTS, TO
9 PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 33-4306, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-4306. DEFINITIONS. As used in this act, unless the context otherwise
14 requires:
15 (1) "Eligible postsecondary institution" means a public postsecondary
16 organization governed or supervised by the state board of education, the board
17 of regents of the university of Idaho, a board of trustees of a community col-
18 lege established pursuant to the provisions of section 33-2106, Idaho Code, or
19 the state board for professional-technical education or any educational orga-
20 nization which is operated privately and not for profit under the control of
21 an independent board and not directly controlled or administered by a public
22 or political subdivision. A public or private educational organization becomes
23 eligible to participate in category B grant awards if the organization agrees
24 to match awards granted to each eligible category B student. If an institu-
25 tion declines to match awards, an eligible student will receive the state por-
26 tion of the award to that institution.
27 (2) "Educational costs" means student costs for tuition, fees, room and
28 board, or expenses related to reasonable commuting, books and such other
29 expenses reasonably related to attendance at a postsecondary educational
30 institution.
31 (3) "Student" means an individual resident student as defined in section
32 33-3717 or 33-2110B, Idaho Code, enrolled full-time and carrying a sufficient
33 number of credit hours, or their equivalent, to secure an individual's first
34 degree, certificate, diploma or less, toward which the individual is working,
35 in no more than the number of semesters, or equivalent, normally required by
36 the eligible postsecondary institution in the program in which the individual
37 is enrolled and provided that the baccalaureate degree, certificate, diploma
38 or lesser program requires at least six (6) months or equivalent of consecu-
39 tive attendance. A student engaged in a four (4) year baccalaureate program
40 shall not be terminated from this scholarship program by having earned an
41 intermediate degree, certificate or diploma.
42 (4) "Enrollment" means the establishment and maintenance of an
43 individual's status as a student in an eligible postsecondary institution,
2
1 regardless of the term used at the institution to describe such status.
2 (5) "Eligible category A student" means any individual who declares his
3 intention to matriculate in an eligible postsecondary institution in the state
4 of Idaho during the educational year immediately following:
5 (a) The individual's graduation from an accredited secondary school in
6 the state of Idaho; or
7 (b) The individual's graduation from an accredited secondary school out-
8 side of the United States, provided that the individual graduated from
9 such school, and the individual and a parent of the individual were resi-
10 dents of the state of Idaho, within one (1) year of leaving the state due
11 to the military status or job relocation of a parent.
12 (6) "Eligible category B student" means any student, having completed
13 secondary school or its equivalent in the state of Idaho, or outside of the
14 United States if within one (1) year of leaving the state due to the military
15 status or job relocation of a parent (a) the student completed such secondary
16 school or its equivalent, and (b) the student and a parent of the student were
17 residents of the state of Idaho, and who enrolls as a student in an eligible
18 postsecondary institution in the state of Idaho prior to reaching twenty-two
19 (22) years of age. To maintain eligibility a student must achieve and maintain
20 a 2.5 cumulative grade point average while enrolled in an eligible post-
21 secondary institution. Students meeting the requirements of this subsection
22 who were not eligible for a grant in the first term of postsecondary education
23 and who achieve and maintain a 2.5 cumulative grade point average based on a
24 4.0 system in an eligible postsecondary institution will become eligible for
25 grant payments in subsequent school terms.
26 (7) "Eligible category C student" means any student, having completed
27 secondary school or its equivalent in the state of Idaho, or outside of the
28 United States if within one (1) year of leaving the state due to the military
29 status or job relocation of a parent (a) the student completed such secondary
30 school or its equivalent, and (b) the student and a parent of the student were
31 residents of the state of Idaho, and who enrolls as a student in an eligible
32 postsecondary institution in the state of Idaho prior to reaching twenty-two
33 (22) years of age. To maintain eligibility a student must achieve and maintain
34 a 2.0 cumulative grade point average while enrolled in an eligible post-
35 secondary institution. Students meeting the requirements of this subsection
36 who were not eligible for a grant in the first term of postsecondary education
37 and who achieve and maintain a 2.0 cumulative grade point average based on a
38 4.0 system in an eligible postsecondary institution will become eligible for
39 grant payments in subsequent school terms.
40 (8) "Grant" means an award to an eligible student for matriculation in an
41 eligible postsecondary institution in the state of Idaho.
42 (89) "Educational year" means the period from July 1 of a year through
43 June 30 of the succeeding year.
44 (910) "Competitive examination" means standardized examination(s) measur-
45 ing achievement administered annually on a voluntary basis on a specified date
46 and at specified locations announced publicly.
47 (101) "High school record," for category A students, will be defined by
48 the state board of education and the board of regents of the university of
49 Idaho and may include, but need not be limited to, an individual's rank in his
50 secondary school class, grade point average, and difficulty of course load
51 taken as certified by an official of such secondary school, and the
52 individual's secondary school deportment as evaluated by at least two (2)
53 officials of such secondary school.
54 (112) "High school record," for category B students and for category C
55 students, shall be defined by the state board of education and the board of
3
1 regents of the university of Idaho and may include, but need not be limited
2 to, an individual's secondary school cumulative grade point average or a com-
3 posite score on the American college test (ACT).
4 (123) "Cumulative grade point average" is defined as a student's cumula-
5 tive grade point average for all courses taken in grades nine (9) through
6 twelve (12) and calculated on a grade of A equals 4.0 points, a grade of B
7 equals 3.0 points, a grade of C equals 2.0 points, a grade of D equals 1.0
8 point and a grade of F equals 0.0 points.
9 SECTION 2. That Chapter 43, Title 33, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 33-4306A, Idaho Code, and to read as follows:
12 33-4306A. ELIGIBILITY CRITERIA FOR CATEGORY C STUDENTS -- DRUG, ALCOHOL
13 AND TOBACCO FREE. The purpose of the category C scholarship is to encourage
14 students to be drug, alcohol and tobacco free. All prospective category C stu-
15 dents who are enrolled in secondary school on and after July 1, 2004, must
16 comply with the provisions of this section in order to be eligible for an
17 award of a category C scholarship. A recipient of a category A or category B
18 scholarship shall be eligible to receive a category C scholarship. In order to
19 receive a category C scholarship, the student, the student's parent(s), guard-
20 ian or custodian and a representative of the school district or secondary
21 school shall complete an agreement with the local school superintendent on a
22 form that is approved by the state board of education. The form will outline
23 the terms and conditions the student and the student's parent(s), guardian or
24 custodian must adhere to as a condition to being eligible to receive a cate-
25 gory C scholarship. At a minimum, the agreement shall include the requirement
26 that the student agrees to be drug, alcohol and tobacco free for the entire
27 year and that the student agrees to voluntarily participate in a random drug
28 testing program as outlined by the board of trustees or the governing board of
29 the school.
30 Qualification for a category C scholarship is built during the secondary
31 school years; therefore, the student must reapply on an annual basis. Each
32 year the student participates successfully in the secondary school drug, alco-
33 hol and tobacco free program qualifies the student for one (1) semester's use
34 of the category C scholarship in a postsecondary institution. If a student
35 enters into an agreement in a secondary school to be alcohol, drug and tobacco
36 free, and fails for whatever reason, he or she may reapply the following year,
37 but shall lose credit for the year in which the failure occurred.
38 It shall be the student or the student's parent's, guardian's, or
39 custodian's responsibility to notify the superintendent or principal of any
40 drug, alcohol or tobacco use in violation of the agreement. If notification is
41 made and verified with the student, credit in the category C scholarship pro-
42 gram is lost for that one (1) year.
43 Use of category C scholarship funds is contingent, also, on remaining
44 drug, alcohol and tobacco free during the postsecondary institution years but
45 does not require testing in a drug free program in the postsecondary institu-
46 tion. However, any student who is convicted of, charged, pleads guilty to or
47 receives a withheld judgment related to drugs, alcohol or tobacco during that
48 student's postsecondary institution years forfeits any future use of category
49 C scholarship funds. Students shall reapply annually, or as outlined in the
50 postsecondary institution's scholarship policies for the category C scholar-
51 ship, and shall provide evidence satisfactory to the postsecondary institution
52 of the fact that they remain drug, alcohol and tobacco free.
4
1 SECTION 3. That Section 33-4307, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-4307. ELIGIBILITY -- MAXIMUM AMOUNTS -- CONDITIONS. A grant may be
4 awarded to an eligible student for matriculation at an eligible postsecondary
5 educational institution in the state of Idaho if:
6 (1) The individual is accepted for enrollment as a full-time undergradu-
7 ate or professional-technical student, as follows:
8 (a) In the case of an individual beginning his first year or freshman
9 year of postsecondary education, he has satisfied the requirements for
10 admission and has enrolled in an eligible postsecondary institution.
11 (b) In the case of an individual enrolled in an eligible postsecondary
12 institution following the successful completion of the first term, he con-
13 tinues to meet the requirements of this act and has maintained such high
14 standards of performance as may be required. Provided that high academic
15 standards are maintained in accordance with requirements of this chapter,
16 a student continues to be eligible when transferring from one (1) major
17 program to another.
18 (c) In the case of an individual transferring from one (1) eligible post-
19 secondary institution in Idaho to another eligible postsecondary institu-
20 tion in Idaho, he continues to meet the requirements of this act, is
21 accepted and enrolled at the eligible postsecondary institution to which
22 he is transferring, and has maintained such high standards of performance
23 as may be required.
24 (2) The grant for category A students is as follows:
25 (a) The grant payment to an individual per educational year for atten-
26 dance on a full-time basis is not in excess of an amount determined annu-
27 ally by the state board of education or in excess of the total educational
28 costs as certified by an official of the eligible postsecondary institu-
29 tion to be attended by the individual receiving the grant, whichever is
30 less.
31 (b) The total grant payments over a period of six (6) years to an indi-
32 vidual may not exceed four (4) annual grants or the total educational
33 costs for four (4) educational years completed as certified by an official
34 of the eligible postsecondary institution or institutions attended by the
35 individual receiving the grant, whichever is less.
36 (c) The individual receiving such a grant signs an affidavit stating that
37 the grant will be used for educational costs only.
38 (d) The grant is awarded on the basis of extraordinary performance in
39 standardized, unweighted competitive examination and high school record.
40 (e) The individual receiving the grant is not precluded from receiving
41 other financial aids, awards, or scholarships, provided the total of the
42 grant and such other financial aids, awards or scholarships does not
43 exceed the total educational costs for attendance at an eligible post-
44 secondary institution as certified by an official of the eligible post-
45 secondary institution to be attended by the individual receiving the
46 grant.
47 (f) Grant payments shall correspond to academic terms, semesters, quar-
48 ters or equivalent time periods at an eligible postsecondary institution;
49 in no instance may the entire amount of a grant for an educational year,
50 as defined in section 33-4306(109), Idaho Code, be paid to or on behalf of
51 such student in advance.
52 (g) The individual has complied with such rules as may be necessary for
53 the administration of this act.
54 (3) The grant for category B students is as follows:
5
1 (a) The grant payment to an individual per educational year for atten-
2 dance on a full-time basis is not in excess of an amount determined annu-
3 ally by the state board of education and the board of regents of the uni-
4 versity of Idaho and not to exceed one thousand dollars ($1,000) per year
5 including the required match.
6 (b) The total grant payments over a period of four (4) years to an indi-
7 vidual may not exceed two (2) annual grants.
8 (c) The individual receiving such a grant signs an affidavit stating that
9 the grant will be used for educational costs only.
10 (d) The grant is awarded on the basis of a high school record of a 3.0
11 grade point average or an ACT composite score of 20 or better and other
12 criteria as may be established by the state board of education and the
13 board of regents of the university of Idaho.
14 (e) The individual receiving the grant is not precluded from receiving
15 other financial aid, awards or scholarships except that category A student
16 award recipients are not eligible for category B awards.
17 (f) Grant payments shall correspond to academic terms, semesters, quar-
18 ters or equivalent time periods at an eligible postsecondary institution;
19 in no instance may the entire amount of a grant for an educational year,
20 as defined in section 33-4306(89), Idaho Code, be paid to or on behalf of
21 such student in advance. The first grant payments pursuant to this section
22 for category B students shall be made in the fall of 2001 or in the first
23 fall academic term following an appropriation and when moneys are avail-
24 able to implement the category B scholarship program whichever date is
25 later.
26 (g) The individual has complied with such rules as may be necessary for
27 the administration of this chapter.
28 (h) All eligible postsecondary institutions will report annually to the
29 state board of education and the board of regents of the university of
30 Idaho the number of students for each term receiving a grant award and the
31 number of awards that were matched by the institution.
32 (4) The grant for category C students is as follows:
33 (a) The grant payment to an individual per educational year for atten-
34 dance on a full-time basis is not in excess of an amount determined annu-
35 ally by the state board of education and the board of regents of the uni-
36 versity of Idaho and not to exceed one thousand dollars ($1,000) per year
37 including the required match.
38 (b) The total grant payments over a period of four (4) years to an indi-
39 vidual may not exceed two (2) annual grants.
40 (c) The individual receiving such a grant signs an affidavit stating that
41 the grant will be used for educational costs only and the individual shall
42 comply with all terms of the contract provided in section 33-4306A, Idaho
43 Code.
44 (d) The grant is awarded on the basis of a secondary school record of a
45 2.0 grade point average or an ACT composite score of 20 or better and
46 other criteria as may be established by the state board of education and
47 the board of regents of the university of Idaho.
48 (e) The individual receiving the grant is not precluded from receiving
49 other financial aid, awards or scholarships.
50 (f) Grant payments shall correspond to academic terms, semesters, quar-
51 ters or equivalent time periods at an eligible postsecondary institution;
52 in no instance may the entire amount of a grant for an educational year,
53 as defined in section 33-4306(9), Idaho Code, be paid to or on behalf of
54 such student in advance. An institution where the student is enrolled may
55 utilize grant moneys for any educational related purpose.
6
1 (g) The individual has complied with such rules as may be necessary for
2 the administration of this chapter.
3 (h) All eligible postsecondary institutions will report annually to the
4 state board of education and the board of regents of the university of
5 Idaho the number of students for each term receiving a grant award and the
6 number of awards that were matched by the institution.
STATEMENT OF PURPOSE
RS 14172
This legislation amends Section 33-4306, Idaho Code, to define
Category C terms and to add a new Section 33-4306A, Idaho Code,
to provide eligibility criteria for Category C students, to
provide that Category C students shall remain drug, alcohol and
tobacco free and to provide procedures.
Section 33-4307, Idaho Code, will be amended to provide for
reports, to provide a correct code reference and to make
technical corrections.
FISCAL IMPACT
The fiscal impact for the Robert R. Lee Category C Promise
Scholarship for FY 2005 through FY 2011 is estimated to be:
FY 2005 - FY 2007 = $0
FY 2008 = $662,600
FY 2009 = $234,500
FY 2010 = $ 26,900
FY 2011 = $ 27,700
The fiscal impact assumes that unspent Category B Promise
Scholarship funds are carried forward for the exclusive use of
Category C scholarships.
Contact
Name: Representative Sharon Block
Phone: (208) 332-1000
Name: John Hathaway, Region V Director
Department of Health & Welfare
Phone: (208) 736-2182
STATEMENT OF PURPOSE/FISCAL NOTE H 749