2004 Legislation
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HOUSE BILL NO. 804 – Scholarship, Category C/drug free

HOUSE BILL NO. 804

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H0804..........................................................by EDUCATION
PROMISE SCHOLARSHIP PROGRAM - Adds to and amends existing law to provide a
Category C and a Drug, Alcohol and Tobacco Free Category to the Promise
Scholarship Program for Idaho High School Students.
                                                                        
03/02    House intro - 1st rdg - to printing
03/03    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 804
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ROBERT R. LEE PROMISE SCHOLARSHIP; AMENDING  SECTION  33-4305,
  3        IDAHO  CODE,  TO  PROVIDE  ADDITIONAL PURPOSES;  AMENDING SECTION 33-4306,
  4        IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING CHAPTER 43, TITLE 33,  IDAHO
  5        CODE,  BY  THE  ADDITION OF A NEW SECTION 33-4306A, IDAHO CODE, TO PROVIDE
  6        ELIGIBILITY CRITERIA FOR DRUG, ALCOHOL AND  TOBACCO  FREE  CATEGORY   STU-
  7        DENTS,  TO  PROVIDE THAT DRUG, ALCOHOL AND TOBACCO FREE CATEGORY  STUDENTS
  8        SHALL REMAIN DRUG, ALCOHOL AND TOBACCO FREE AND TO PROVIDE PROCEDURES; AND
  9        AMENDING SECTION 33-4307, IDAHO CODE, TO PROVIDE THE AMOUNT AND LENGTH  OF
 10        THE AWARD FOR CATEGORY C STUDENTS AND DRUG, ALCOHOL AND TOBACCO FREE CATE-
 11        GORY STUDENTS, TO PROVIDE FOR REPORTS, TO PROVIDE A CORRECT CODE REFERENCE
 12        AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 33-4305, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        33-4305.  PURPOSES. The purpose of this act is:
 17        (1)  To establish a state scholarship program for the most talented  Idaho
 18    secondary  school  graduates  or the equivalent, consisting of category A stu-
 19    dents with outstanding academic qualifications, and category B students with a
 20    cumulative grade point average for grades nine (9) through twelve (12) of  3.0
 21    or  better  or  achieving an ACT score of 20 or better, or category C students
 22    with a cumulative grade point average for grades nine (9) through twelve  (12)
 23    of  2.5 or better or achieving an ACT score of 20 or better, and drug, alcohol
 24    and tobacco free students or who become eligible  after  the  student's  first
 25    semester  or  who  meet  any other criteria as may be established by the state
 26    board of education and the board of regents of the university  of  Idaho,  who
 27    will  enroll in undergraduate nonreligious academic and professional-technical
 28    programs in eligible postsecondary institutions in the state; and
 29        (2)  To designate the state board of education and the board of regents of
 30    the university of Idaho as the administrative agency for the state scholarship
 31    program.
 32
 33        SECTION 2.  That Section 33-4306, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        33-4306.  DEFINITIONS.  As  used in this act, unless the context otherwise
 36    requires:
 37        (1)  "Eligible postsecondary institution"  means  a  public  postsecondary
 38    organization governed or supervised by the state board of education, the board
 39    of regents of the university of Idaho, a board of trustees of a community col-
 40    lege established pursuant to the provisions of section 33-2106, Idaho Code, or
 41    the  state board for professional-technical education or any educational orga-
 42    nization which is operated privately and not for profit under the  control  of
                                                                        
                                           2
                                                                        
  1    an  independent  board and not directly controlled or administered by a public
  2    or political subdivision. A public or private educational organization becomes
  3    eligible to participate in category B grant awards if the organization  agrees
  4    to  match  awards  granted to each eligible category B student. If an institu-
  5    tion declines to match awards, an eligible student will receive the state por-
  6    tion of the award to that institution.
  7        (2)  "Educational costs" means student costs for tuition, fees,  room  and
  8    board,    or  expenses  related  to reasonable commuting, books and such other
  9    expenses reasonably related  to  attendance  at  a  postsecondary  educational
 10    institution.
 11        (3)  "Student"  means an individual resident student as defined in section
 12    33-3717 or 33-2110B, Idaho Code, enrolled full-time and carrying a  sufficient
 13    number  of  credit hours, or their equivalent, to secure an individual's first
 14    degree, certificate, diploma or less, toward which the individual is  working,
 15    in  no  more than the number of semesters, or equivalent, normally required by
 16    the eligible postsecondary institution in the program in which the  individual
 17    is  enrolled  and provided that the baccalaureate degree, certificate, diploma
 18    or lesser program requires at least six (6) months or equivalent  of  consecu-
 19    tive  attendance.  A  student engaged in a four (4) year baccalaureate program
 20    shall not be terminated from this scholarship  program  by  having  earned  an
 21    intermediate degree, certificate or diploma.
 22        (4)  "Enrollment"   means   the   establishment   and  maintenance  of  an
 23    individual's status as a student in  an  eligible  postsecondary  institution,
 24    regardless of the term used at the institution to describe such status.
 25        (5)  "Eligible  category  A student" means any individual who declares his
 26    intention to matriculate in an eligible postsecondary institution in the state
 27    of Idaho during the educational year immediately following:
 28        (a)  The individual's graduation from an accredited  secondary  school  in
 29        the state of Idaho; or
 30        (b)  The  individual's graduation from an accredited secondary school out-
 31        side of the United States, provided that  the  individual  graduated  from
 32        such  school, and the individual and a parent of the individual were resi-
 33        dents of the state of Idaho, within one (1) year of leaving the state  due
 34        to the military status or job relocation of a parent.
 35        (6)  "Eligible  category  B  student"  means any student, having completed
 36    secondary school or its equivalent in the state of Idaho, or  outside  of  the
 37    United  States if within one (1) year of leaving the state due to the military
 38    status or job relocation of a parent (a) the student completed such  secondary
 39    school or its equivalent, and (b) the student and a parent of the student were
 40    residents  of  the state of Idaho, and who enrolls as a student in an eligible
 41    postsecondary institution in the state of Idaho prior to  reaching  twenty-two
 42    (22) years of age. To maintain eligibility a student must achieve and maintain
 43    a  2.5  cumulative  grade  point  average  while enrolled in an eligible post-
 44    secondary institution. Students meeting the requirements  of  this  subsection
 45    who were not eligible for a grant in the first term of postsecondary education
 46    and  who  achieve and maintain a 2.5 cumulative grade point average based on a
 47    4.0 system in an eligible postsecondary institution will become  eligible  for
 48    grant payments in subsequent school terms.
 49        (7)  "Eligible  category  C student" means, beginning on and after January
 50    1, 2004, any student, having completed secondary school or its  equivalent  in
 51    the  state of Idaho, or outside of the United States if within one (1) year of
 52    leaving the state due to the military status or job relocation of a parent (a)
 53    the student completed such secondary school or its  equivalent,  and  (b)  the
 54    student  and a parent of the student were residents of the state of Idaho, and
 55    who enrolls as a student in an eligible postsecondary institution in the state
                                                                        
                                           3
                                                                        
  1    of Idaho prior to reaching twenty-two (22) years of age. To maintain eligibil-
  2    ity a student must achieve and maintain a 2.5 cumulative grade  point  average
  3    while  enrolled in an eligible postsecondary institution. Students meeting the
  4    requirements of this subsection who were not eligible for a grant in the first
  5    term of postsecondary education and who achieve and maintain a 2.5  cumulative
  6    grade  point average based on a 4.0 system in an eligible postsecondary insti-
  7    tution will become eligible for grant payments in subsequent school terms.
  8        (8)  "Grant" means an award to an eligible student for matriculation in an
  9    eligible postsecondary institution in the state of Idaho.
 10        (89)  "Educational year" means the period from July 1 of  a  year  through
 11    June 30 of the succeeding year.
 12        (910) "Competitive  examination" means standardized examination(s) measur-
 13    ing achievement administered annually on a voluntary basis on a specified date
 14    and at specified locations announced publicly.
 15        (101) "High school record," for category A students, will  be  defined  by
 16    the  state  board  of  education and the board of regents of the university of
 17    Idaho and may include, but need not be limited to, an individual's rank in his
 18    secondary school class, grade point average, and  difficulty  of  course  load
 19    taken  as  certified  by  an  official  of  such  secondary  school,  and  the
 20    individual's  secondary  school  deportment  as  evaluated by at least two (2)
 21    officials of such secondary school.
 22        (112) "High school record," for category B students  and  for  category  C
 23    students,  shall  be  defined by the state board of education and the board of
 24    regents of the university of Idaho and may include, but need  not  be  limited
 25    to,  an individual's secondary school cumulative grade point average or a com-
 26    posite score on the American college test (ACT).
 27        (123) "Cumulative grade point average" is defined as a  student's  cumula-
 28    tive  grade  point  average  for  all courses taken in grades nine (9) through
 29    twelve (12) and calculated on a grade of A equals 4.0 points,  a  grade  of  B
 30    equals  3.0  points,  a  grade of C equals 2.0 points, a grade of D equals 1.0
 31    point and a grade of F equals 0.0 points.
                                                                        
 32        SECTION 3.  That Chapter 43, Title 33, Idaho Code, be,  and  the  same  is
 33    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 34    ignated as Section 33-4306A, Idaho Code, and to read as follows:
                                                                        
 35        33-4306A.   ELIGIBILITY CRITERIA FOR DRUG, ALCOHOL AND TOBACCO FREE  CATE-
 36    GORY.  The purpose of the drug, alcohol and tobacco free category  scholarship
 37    is to encourage students to be drug, alcohol and tobacco free. The drug, alco-
 38    hol and tobacco free category scholarship shall be available to eligible  stu-
 39    dents as provided herein as of July 1, 2009. All  students who are enrolled as
 40    ninth  graders  on  and after July 1, 2004, must comply with the provisions of
 41    this section in order to be eligible for an  award  of  a  drug,  alcohol  and
 42    tobacco  free  category  scholarship. A recipient of a category A,  category B
 43    or category C scholarship shall be eligible to receive  a  drug,  alcohol  and
 44    tobacco  free  category  scholarship.  In order to receive a drug, alcohol and
 45    tobacco free scholarship, the student, the student's  parent(s),  guardian  or
 46    custodian  and  a  representative  of  the school district or secondary school
 47    shall complete an agreement with a participating local school district or sec-
 48    ondary school on a form that is approved by the state board of education.  The
 49    form  will  outline  the  terms  and  conditions the student and the student's
 50    parent(s), guardian or custodian must adhere to as a condition of being eligi-
 51    ble to receive a drug, alcohol and tobacco free  category  scholarship.  At  a
 52    minimum,  the  agreement shall include the requirement that the student agrees
 53    to be drug, alcohol and tobacco free for the entire year and that the  student
                                                                        
                                           4
                                                                        
  1    agrees to voluntarily participate in a random drug testing program as outlined
  2    by the board of trustees or the governing board of the secondary school.
  3        Qualification for a drug, alcohol and tobacco free category scholarship is
  4    built  during  the secondary school years; therefore, the student must reapply
  5    on an annual basis. Beginning in the ninth grade, each year the  student  par-
  6    ticipates  successfully in the secondary school drug, alcohol and tobacco free
  7    program qualifies the student for one (1) semester's use of the drug,  alcohol
  8    and  tobacco  free  category  scholarship in a postsecondary institution. If a
  9    student enters into an agreement in a secondary school to be drug, alcohol and
 10    tobacco free, and fails for whatever reason, he or she may reapply the follow-
 11    ing year, but shall lose credit for the year in which the failure occurred.
 12        A school district's or secondary school's participation in the drug, alco-
 13    hol and tobacco free category scholarship is optional  as  determined  by  the
 14    board of trustees or the governing board of the secondary school.
 15        Use  of  the drug, alcohol and tobacco free category  scholarship funds is
 16    contingent, also, on remaining drug, alcohol and tobacco free during the post-
 17    secondary institution years but does not require testing in a drug  free  pro-
 18    gram  in  the postsecondary institution. However, any student who is convicted
 19    of, pleads guilty to or receives a withheld judgment for any violation related
 20    to drugs, alcohol or tobacco during that student's  postsecondary  institution
 21    years  forfeits  any  future  use  of  drug, alcohol and tobacco free category
 22    scholarship funds. Students shall reapply annually,  or  as  outlined  in  the
 23    postsecondary  institution's  scholarship  policies  for the drug, alcohol and
 24    tobacco free category  scholarship, and shall provide evidence satisfactory to
 25    the postsecondary institution of the fact that they remain drug,  alcohol  and
 26    tobacco free.
                                                                        
 27        SECTION  4.  That  Section 33-4307, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        33-4307.  ELIGIBILITY -- MAXIMUM AMOUNTS -- CONDITIONS.  A  grant  may  be
 30    awarded  to an eligible student for matriculation at an eligible postsecondary
 31    educational institution in the state of Idaho if:
 32        (1)  The individual is accepted for enrollment as a full-time  undergradu-
 33    ate or professional-technical student, as follows:
 34        (a)  In  the  case  of  an individual beginning his first year or freshman
 35        year of postsecondary education, he has  satisfied  the  requirements  for
 36        admission and has enrolled in an eligible postsecondary institution.
 37        (b)  In  the  case  of an individual enrolled in an eligible postsecondary
 38        institution following the successful completion of the first term, he con-
 39        tinues to meet the requirements of this act and has maintained  such  high
 40        standards  of performance as may be required.  Provided that high academic
 41        standards are maintained in accordance with requirements of this  chapter,
 42        a  student  continues  to be eligible when transferring from one (1) major
 43        program to another.
 44        (c)  In the case of an individual transferring from one (1) eligible post-
 45        secondary institution in Idaho to another eligible postsecondary  institu-
 46        tion  in  Idaho,  he  continues  to  meet the requirements of this act, is
 47        accepted and enrolled at the eligible postsecondary institution  to  which
 48        he  is transferring, and has maintained such high standards of performance
 49        as may be required.
 50        (2)  The grant for category A students is as follows:
 51        (a)  The grant payment to an individual per educational  year  for  atten-
 52        dance  on a full-time basis is not in excess of an amount determined annu-
 53        ally by the state board of education or in excess of the total educational
                                                                        
                                           5
                                                                        
  1        costs as certified by an official of the eligible  postsecondary  institu-
  2        tion  to  be  attended by the individual receiving the grant, whichever is
  3        less.
  4        (b)  The total grant payments over a period of six (6) years to  an  indi-
  5        vidual  may  not  exceed  four  (4) annual grants or the total educational
  6        costs for four (4) educational years completed as certified by an official
  7        of the eligible postsecondary institution  or institutions attended by the
  8        individual receiving the grant, whichever is less.
  9        (c)  The individual receiving such a grant signs an affidavit stating that
 10        the grant will be used for educational costs only.
 11        (d)  The grant is awarded on the basis  of  extraordinary  performance  in
 12        standardized, unweighted competitive examination and high school record.
 13        (e)  The  individual  receiving  the grant is not precluded from receiving
 14        other financial aids, awards, or scholarships, provided the total  of  the
 15        grant  and  such  other  financial  aids,  awards or scholarships does not
 16        exceed the total educational costs for attendance  at  an  eligible  post-
 17        secondary  institution  as  certified by an official of the eligible post-
 18        secondary institution to be  attended  by  the  individual  receiving  the
 19        grant.
 20        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
 21        ters or equivalent time periods at an eligible postsecondary  institution;
 22        in  no  instance may the entire amount of a grant for an educational year,
 23        as defined in section 33-4306(109), Idaho Code, be paid to or on behalf of
 24        such student in advance.
 25        (g)  The individual has complied with such rules as may be  necessary  for
 26        the administration of this act.
 27        (3)  The grant for category B students is as follows:
 28        (a)  The  grant  payment  to an individual per educational year for atten-
 29        dance on a full-time basis is not in excess of an amount determined  annu-
 30        ally  by the state board of education and the board of regents of the uni-
 31        versity of Idaho and not to exceed one thousand dollars ($1,000) per  year
 32        including the required match.
 33        (b)  The  total grant payments over a period of four (4) years to an indi-
 34        vidual may not exceed two (2) annual grants.
 35        (c)  The individual receiving such a grant signs an affidavit stating that
 36        the grant will be used for educational costs only.
 37        (d)  The grant is awarded on the basis of a high school record  of  a  3.0
 38        grade  point  average  or an ACT composite score of 20 or better and other
 39        criteria as may be established by the state board  of  education  and  the
 40        board of regents of the university of Idaho.
 41        (e)  The  individual  receiving  the grant is not precluded from receiving
 42        other financial aid, awards or scholarships except that category A student
 43        award recipients are not eligible for category B awards.
 44        (f)  Grant payments shall correspond to academic terms,  semesters,  quar-
 45        ters  or equivalent time periods at an eligible postsecondary institution;
 46        in no instance may the entire amount of a grant for an  educational  year,
 47        as  defined in section 33-4306(89), Idaho Code, be paid to or on behalf of
 48        such student in advance. The first grant payments pursuant to this section
 49        for category B students shall be made in the fall of 2001 or in the  first
 50        fall  academic  term following an appropriation and when moneys are avail-
 51        able to implement the category B scholarship  program  whichever  date  is
 52        later.
 53        (g)  The  individual  has complied with such rules as may be necessary for
 54        the administration of this chapter.
 55        (h)  All eligible postsecondary institutions will report annually  to  the
                                                                        
                                           6
                                                                        
  1        state  board  of  education  and the board of regents of the university of
  2        Idaho the number of students for each term receiving a grant award and the
  3        number of awards that were matched by the institution.
  4        (4)  The grant for category C students is as follows:
  5        (a)  The grant payment to an individual per educational  year  for  atten-
  6        dance  on a full-time basis is not in excess of an amount determined annu-
  7        ally by the state board of education and the board of regents of the  uni-
  8        versity  of Idaho and not to exceed one thousand dollars ($1,000) per year
  9        including the required match.
 10        (b)  The total grant payments over a period of four (4) years to an  indi-
 11        vidual may not exceed two (2) annual grants.
 12        (c)  The individual receiving such a grant signs an affidavit stating that
 13        the grant will be used for educational costs only.
 14        (d)  The  grant  is awarded on the basis of a secondary school record of a
 15        2.5 grade point average or an ACT composite score  of  20  or  better  and
 16        other  criteria  as may be established by the state board of education and
 17        the board of regents of the university of Idaho.
 18        (e)  The individual receiving the grant is not  precluded  from  receiving
 19        other financial aid, awards or scholarships.
 20        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
 21        ters or equivalent time periods at an eligible postsecondary  institution;
 22        in  no  instance may the entire amount of a grant for an educational year,
 23        as defined in section 33-4306(9), Idaho Code, be paid to or on  behalf  of
 24        such  student in advance. An institution where the student is enrolled may
 25        utilize grant moneys for any educational related purpose.
 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        (5)  The grant for drug, alcohol and tobacco free category  students is as
 33    follows:
 34        (a)  The  grant  payment  to an individual per educational year for atten-
 35        dance on a full-time basis is not in excess of an amount determined  annu-
 36        ally  by the state board of education and the board of regents of the uni-
 37        versity of Idaho and not to exceed one thousand dollars ($1,000) per  year
 38        including the required match.
 39        (b)  The  total grant payments over a period of four (4) years to an indi-
 40        vidual may not exceed two (2) annual grants.
 41        (c)  The individual receiving such a grant signs an affidavit stating that
 42        the grant will be used for educational costs only and the individual shall
 43        comply with all terms of the contract provided in section 33-4306A,  Idaho
 44        Code.
 45        (d)  The  grant  is awarded on the basis of a secondary school record of a
 46        2.5 grade point average or an ACT composite score  of  20  or  better  and
 47        other  criteria  as may be established by the state board of education and
 48        the board of regents of the university of Idaho.
 49        (e)  The individual receiving the grant is not  precluded  from  receiving
 50        other financial aid, awards or scholarships.
 51        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
 52        ters or equivalent time periods at an eligible postsecondary  institution;
 53        in  no  instance may the entire amount of a grant for an educational year,
 54        as defined in section 33-4306(9), Idaho Code, be paid to or on  behalf  of
 55        such  student in advance. An institution where the student is enrolled may
                                                                        
                                           7
                                                                        
  1        utilize grant moneys for any educational related purpose.
  2        (g)  The individual has complied with such rules as may be  necessary  for
  3        the administration of this chapter.
  4        (h)  All  eligible  postsecondary institutions will report annually to the
  5        state board of education and the board of regents  of  the  university  of
  6        Idaho the number of students for each term receiving a grant award and the
  7        number of awards that were matched by the institution.
  8        (6)  The  state board of education and the board of regents of the univer-
  9    sity of Idaho shall, in its rules, as outlined in section 33-120A, Idaho Code,
 10    include a process for managing the category A,  category  B,  category  C  and
 11    drug, alcohol and tobacco free category scholarship information.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 14230C1

This legislation amends Section 33-4305, Idaho Code, to include
in the Robert R. Lee Promise Scholarship, two new categories: 
(1)Category C and (2) a Drug, Alcohol and Tobacco Free Category.
It 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 Drug, Alcohol and Tobacco Free students,
to provide that Category A, Category B and Category C students
who elect to apply for the Drug, Alcohol and Tobacco Free
Category scholarship 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 = $0                  FY 2009 = $ 24,800
FY 2006 = $329,400            FY 2010 = $ 25,500
FY 2007 = $472,400            FY 2011 = $ 26,200
FY 2008 = $ 24,100

The fiscal impact for Category C scholarships assumes that
unspent Category B Promise Scholarship funds are carried forward
for the exclusive use of Category C scholarships.

The fiscal impact for the Robert R. Lee Drug, Alcohol & Tobacco
Free Scholarship for FY 2005 - FY 2011 is estimated to be:
FY 2005 - FY 2008 = $0         FY 2010 = $500,000
FY 2009 = $500,000             FY 2011 = $ 30,000


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 804