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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
]]]] 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
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