2004 Legislation
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HOUSE BILL NO. 749 – Scholarships, category C, criteria

HOUSE BILL NO. 749

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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