2004 Legislation
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HOUSE BILL NO. 830 – Scholrship, drug/alcohl free studnt

HOUSE BILL NO. 830

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Bill Status



H0830..........................................................by EDUCATION
PROMISE SCHOLARSHIP PROGRAM - Adds to and amends existing law to provide a
Drug, Alcohol and Tobacco Free Category to the Promise Scholarship Program
for Idaho high school students.
                                                                        
03/09    House intro - 1st rdg - to printing
03/10    Rpt prt - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 62-5-3
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Harwood, McGeachin, McKague, Ringo
      Absent and excused -- Cuddy, Henbest, Roberts
    Floor Sponsor - Block
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - 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. 830
                                                                        
                                   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 CHAPTER 43, TITLE 33,
  4        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-4306A, IDAHO CODE, TO PRO-
  5        VIDE  ELIGIBILITY  CRITERIA  FOR  DRUG,  ALCOHOL AND TOBACCO FREE CATEGORY
  6        STUDENTS, TO PROVIDE THAT DRUG, ALCOHOL AND TOBACCO FREE  CATEGORY    STU-
  7        DENTS  SHALL  REMAIN  DRUG, ALCOHOL AND TOBACCO FREE AND TO PROVIDE PROCE-
  8        DURES; AND AMENDING SECTION 33-4307, IDAHO CODE, TO PROVIDE THE AMOUNT AND
  9        LENGTH OF THE AWARD FOR DRUG, ALCOHOL AND TOBACCO FREE CATEGORY  STUDENTS,
 10        TO  PROVIDE  FOR  REPORTS, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE
 11        TECHNICAL CORRECTIONS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 33-4305, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        33-4305.  PURPOSES. The purpose of this act is:
 16        (1)  To  establish a state scholarship program for the most talented Idaho
 17    secondary school graduates or the equivalent, consisting of  category  A  stu-
 18    dents with outstanding academic qualifications, and category B students with a
 19    cumulative  grade point average for grades nine (9) through twelve (12) of 3.0
 20    or better or achieving an ACT score of 20 or better,  and  drug,  alcohol  and
 21    tobacco  free students or who become eligible after the student's first semes-
 22    ter or who meet any other criteria as may be established by the state board of
 23    education and the board of regents of the university of Idaho, who will enroll
 24    in undergraduate nonreligious academic and professional-technical programs  in
 25    eligible postsecondary institutions in the state; and
 26        (2)  To designate the state board of education and the board of regents of
 27    the university of Idaho as the administrative agency for the state scholarship
 28    program.
                                                                        
 29        SECTION  2.  That  Chapter  43,  Title 33, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 31    ignated as Section 33-4306A, Idaho Code, and to read as follows:
                                                                        
 32        33-4306A.    ELIGIBILITY CRITERIA FOR DRUG, ALCOHOL AND TOBACCO FREE CATE-
 33    GORY. The purpose of the drug, alcohol and tobacco free category   scholarship
 34    is to encourage students to be drug, alcohol and tobacco free. The drug, alco-
 35    hol  and tobacco free category scholarship shall be available to eligible stu-
 36    dents as provided herein as of July 1, 2009. All  students who are enrolled as
 37    ninth graders on and after July 1, 2005, must comply with  the  provisions  of
 38    this  section  in  order  to  be  eligible for an award of a drug, alcohol and
 39    tobacco free category  scholarship. A recipient of a category A or category  B
 40    scholarship shall be eligible to receive a drug, alcohol and tobacco free cat-
 41    egory scholarship. In order to receive a drug, alcohol and tobacco free schol-
                                                                        
                                           2
                                                                        
  1    arship, the student, the student's parent(s), guardian or custodian and a rep-
  2    resentative  of  the  school  district  or  secondary school shall complete an
  3    agreement with a participating local school district or secondary school on  a
  4    form  that  is approved by the state board of education. The form will outline
  5    the terms and conditions the student and the student's parent(s), guardian  or
  6    custodian  must  adhere to as a condition of being eligible to receive a drug,
  7    alcohol and tobacco free category scholarship. At  a  minimum,  the  agreement
  8    shall  include the requirement that the student agrees to be drug, alcohol and
  9    tobacco free for the entire year and that the student  agrees  to  voluntarily
 10    participate  in  a  random  drug  testing  program as outlined by the board of
 11    trustees or the governing board of the secondary school.
 12        Qualification for a drug, alcohol and tobacco free category scholarship is
 13    built during the secondary school years. Beginning in the  ninth  grade,  each
 14    year the student participates successfully in the secondary school drug, alco-
 15    hol  and tobacco free program qualifies the student for one (1) semester's use
 16    of the drug, alcohol and tobacco free category scholarship in a  postsecondary
 17    institution. If a student enters into an agreement in a secondary school to be
 18    drug,  alcohol  and tobacco free, and fails for whatever reason, he or she may
 19    reapply the following year, but shall lose the previous credits earned.
 20        A school district's or secondary school's participation in the drug, alco-
 21    hol and tobacco free category scholarship is optional  as  determined  by  the
 22    board of trustees or the governing board of the secondary school.
 23        Use  of  the drug, alcohol and tobacco free category  scholarship funds is
 24    contingent, also, on remaining drug, alcohol and tobacco free during the post-
 25    secondary institution years but does not require testing in a drug  free  pro-
 26    gram  in  the postsecondary institution. However, any student who is convicted
 27    of, pleads guilty to or receives a withheld judgment for any violation related
 28    to drugs, alcohol or tobacco during that student's  postsecondary  institution
 29    years  forfeits  any  future  use  of  drug, alcohol and tobacco free category
 30    scholarship funds. Students shall reapply annually,  or  as  outlined  in  the
 31    postsecondary  institution's  scholarship  policies  for the drug, alcohol and
 32    tobacco free category  scholarship, and shall provide evidence satisfactory to
 33    the postsecondary institution of the fact that they remain drug,  alcohol  and
 34    tobacco free.
                                                                        
 35        SECTION  3.  That  Section 33-4307, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        33-4307.  ELIGIBILITY -- MAXIMUM AMOUNTS -- CONDITIONS.  A  grant  may  be
 38    awarded  to an eligible student for matriculation at an eligible postsecondary
 39    educational institution in the state of Idaho if:
 40        (1)  The individual is accepted for enrollment as a full-time  undergradu-
 41    ate or professional-technical student, as follows:
 42        (a)  In  the  case  of  an individual beginning his first year or freshman
 43        year of postsecondary education, he has  satisfied  the  requirements  for
 44        admission and has enrolled in an eligible postsecondary institution.
 45        (b)  In  the  case  of an individual enrolled in an eligible postsecondary
 46        institution following the successful completion of the first term, he con-
 47        tinues to meet the requirements of this act and has maintained  such  high
 48        standards  of performance as may be required.  Provided that high academic
 49        standards are maintained in accordance with requirements of this  chapter,
 50        a  student  continues  to be eligible when transferring from one (1) major
 51        program to another.
 52        (c)  In the case of an individual transferring from one (1) eligible post-
 53        secondary institution in Idaho to another eligible postsecondary  institu-
                                                                        
                                           3
                                                                        
  1        tion  in  Idaho,  he  continues  to  meet the requirements of this act, is
  2        accepted and enrolled at the eligible postsecondary institution  to  which
  3        he  is transferring, and has maintained such high standards of performance
  4        as may be required.
  5        (2)  The grant for category A students is as follows:
  6        (a)  The grant payment to an individual per educational  year  for  atten-
  7        dance  on a full-time basis is not in excess of an amount determined annu-
  8        ally by the state board of education or in excess of the total educational
  9        costs as certified by an official of the eligible  postsecondary  institu-
 10        tion  to  be  attended by the individual receiving the grant, whichever is
 11        less.
 12        (b)  The total grant payments over a period of six (6) years to  an  indi-
 13        vidual  may  not  exceed  four  (4) annual grants or the total educational
 14        costs for four (4) educational years completed as certified by an official
 15        of the eligible postsecondary institution  or institutions attended by the
 16        individual receiving the grant, whichever is less.
 17        (c)  The individual receiving such a grant signs an affidavit stating that
 18        the grant will be used for educational costs only.
 19        (d)  The grant is awarded on the basis  of  extraordinary  performance  in
 20        standardized, unweighted competitive examination and high school record.
 21        (e)  The  individual  receiving  the grant is not precluded from receiving
 22        other financial aids, awards, or scholarships, provided the total  of  the
 23        grant  and  such  other  financial  aids,  awards or scholarships does not
 24        exceed the total educational costs for attendance  at  an  eligible  post-
 25        secondary  institution  as  certified by an official of the eligible post-
 26        secondary institution to be  attended  by  the  individual  receiving  the
 27        grant.
 28        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
 29        ters or equivalent time periods at an eligible postsecondary  institution;
 30        in  no  instance may the entire amount of a grant for an educational year,
 31        as defined in section 33-4306(108), Idaho Code, be paid to or on behalf of
 32        such student in advance.
 33        (g)  The individual has complied with such rules as may be  necessary  for
 34        the administration of this act.
 35        (3)  The grant for category B students is as follows:
 36        (a)  The  grant  payment  to an individual per educational year for atten-
 37        dance on a full-time basis is not in excess of an amount determined  annu-
 38        ally  by the state board of education and the board of regents of the uni-
 39        versity of Idaho and not to exceed one thousand dollars ($1,000) per  year
 40        including the required match.
 41        (b)  The  total grant payments over a period of four (4) years to an indi-
 42        vidual may not exceed two (2) annual grants.
 43        (c)  The individual receiving such a grant signs an affidavit stating that
 44        the grant will be used for educational costs only.
 45        (d)  The grant is awarded on the basis of a high school record  of  a  3.0
 46        grade  point  average  or an ACT composite score of 20 or better and other
 47        criteria as may be established by the state board  of  education  and  the
 48        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 except that category A student
 51        award recipients are not eligible for category B awards.
 52        (f)  Grant payments shall correspond to academic terms,  semesters,  quar-
 53        ters  or equivalent time periods at an eligible postsecondary institution;
 54        in no instance may the entire amount of a grant for an  educational  year,
 55        as  defined  in section 33-4306(8), Idaho Code, be paid to or on behalf of
                                                                        
                                           4
                                                                        
  1        such student in advance. The first grant payments pursuant to this section
  2        for category B students shall be made in the fall of 2001 or in the  first
  3        fall  academic  term following an appropriation and when moneys are avail-
  4        able to implement the category B scholarship  program  whichever  date  is
  5        later.
  6        (g)  The  individual  has complied with such rules as may be necessary for
  7        the administration of this chapter.
  8        (h)  All eligible postsecondary institutions will report annually  to  the
  9        state  board  of  education  and the board of regents of the university of
 10        Idaho the number of students for each term receiving a grant award and the
 11        number of awards that were matched by the institution.
 12        (4)  The grant for drug, alcohol and tobacco free category  students is as
 13    follows:
 14        (a)  The grant payment to an individual per educational  year  for  atten-
 15        dance  on a full-time basis is not in excess of an amount determined annu-
 16        ally by the state board of education and the board of regents of the  uni-
 17        versity  of Idaho and not to exceed one thousand dollars ($1,000) per year
 18        including the required match.
 19        (b)  The total grant payments over a period of four (4) years to an  indi-
 20        vidual may not exceed two (2) annual grants.
 21        (c)  The individual receiving such a grant signs an affidavit stating that
 22        the grant will be used for educational costs only and the individual shall
 23        comply  with all terms of the contract provided in section 33-4306A, Idaho
 24        Code.
 25        (d)  The grant is awarded on the basis of a secondary school record  of  a
 26        3.0  grade  point  average  or  an ACT composite score of 20 or better and
 27        other criteria as may be established by the state board of  education  and
 28        the board of regents of the university of Idaho.
 29        (e)  The  individual  receiving  the grant is not precluded from receiving
 30        other financial aid, awards or scholarships.
 31        (f)  Grant payments shall correspond to academic terms,  semesters,  quar-
 32        ters  or equivalent time periods at an eligible postsecondary institution;
 33        in no instance may the entire amount of a grant for an  educational  year,
 34        as  defined  in section 33-4306(9), Idaho Code, be paid to or on behalf of
 35        such student in advance. An institution where the student is enrolled  may
 36        utilize grant moneys for any educational related purpose.
 37        (g)  The  individual  has complied with such rules as may be necessary for
 38        the administration of this chapter.
 39        (h)  All eligible postsecondary institutions will report annually  to  the
 40        state  board  of  education  and the board of regents of the university of
 41        Idaho the number of students for each term receiving a grant award and the
 42        number of awards that were matched by the institution.
 43        (5)  The state board of education and the board of regents of the  univer-
 44    sity of Idaho shall adopt rules to manage the category A, category B and drug,
 45    alcohol and tobacco free category scholarships.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14260

This legislation amends Section 33-4305, Idaho Code, to include
in the Robert R. Lee Promise Scholarship, one new category, a
Drug, Alcohol and Tobacco Free Category. It adds a new Section 
Section 33-4306A, Idaho Code, to provide eligibility criteria for
Drug, Alcohol and Tobacco Free students, to provide that Category
A and Category B 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 Promise Scholarship,
Drug, Alcohol & Tobacco Free for FY 2005 - FY 2012 is estimated
to be:    FY 2005 - FY 2009 = $0        FY 2011 = $500,000
          FY 2010 = $500,000            FY 2012 = $ 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 830