2005 Legislation
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HOUSE BILL NO. 231 – Colleges/universities, fees/tuition

HOUSE BILL NO. 231

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H0231..........................................................by EDUCATION
COLLEGES AND UNIVERSITIES - Adds to, repeals and amends existing law to
authorize tuition at institutions of higher education in the state of Idaho
except at the University of Idaho; and to establish residency requirements
for attendance at public institutions of higher education.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Educ
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 49-18-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Kemp, Lake,
      Mathews, McGeachin, Miller, Moyle, Nielsen, Nonini, Raybould, Ring,
      Roberts, Rydalch, Schaefer, Shepherd(8), Shirley, Skippen, Smith(24),
      Smylie, Snodgrass, Stevenson, Wills
      NAYS -- Barrett, Boe, Crow, Jaquet, LeFavour, Martinez, McKague,
      Mitchell, Pasley-Stuart, Pence, Ringo, Rusche, Sali, Sayler,
      Shepherd(2), Smith(30), Trail, Wood
      Absent and excused -- Jones, Loertscher, Mr. Speaker
    Floor Sponsors - Shirley, Rydalch, Wills & Kemp
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 25-8-1, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
      Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce,
      Richardson, Stegner, Sweet, Williams
      NAYS -- Burkett, Kelly, Langhorst, Malepeai, Marley, Schroeder,
      Stennett, Werk
      Absent and excused -- Coiner, (District 21 seat vacant)
    Floor Sponsors - Goedde & Pearce
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 210
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 231
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TUITION AT INSTITUTIONS OF  HIGHER  EDUCATION;  REPEALING  SECTION
  3        33-3717,  IDAHO  CODE;  AMENDING  CHAPTER 37, TITLE 33, IDAHO CODE, BY THE
  4        ADDITION OF A NEW SECTION 33-3717,  IDAHO  CODE,  TO  AUTHORIZE  FEES  FOR
  5        ATTENDANCE  AT  THE  UNIVERSITY  OF  IDAHO; AMENDING CHAPTER 37, TITLE 33,
  6        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-3717A, IDAHO CODE, TO  AU-
  7        THORIZE FEES, INCLUDING TUITION FEES, FOR ATTENDANCE AT STATE COLLEGES AND
  8        UNIVERSITIES  OTHER  THAN  THE  UNIVERSITY  OF IDAHO; AMENDING CHAPTER 37,
  9        TITLE 33, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  33-3717B,  IDAHO
 10        CODE,  TO ESTABLISH RESIDENCY REQUIREMENTS FOR ATTENDANCE AT PUBLIC INSTI-
 11        TUTIONS OF HIGHER EDUCATION; AMENDING SECTION  33-3717A,  IDAHO  CODE,  TO
 12        REDESIGNATE  THE  SECTION  AND  TO INCLUDE REFERENCE TO FEES; AND AMENDING
 13        SECTIONS 33-3720, 33-4306 AND 33-4403, IDAHO CODE, TO MAKE TECHNICAL  COR-
 14        RECTIONS.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 33-3717, Idaho Code, be, and the same is hereby
 17    repealed.
                                                                        
 18        SECTION 2.  That Chapter 37, Title 33, Idaho Code, be,  and  the  same  is
 19    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 20    ignated as Section 33-3717, Idaho Code, and to read as follows:
                                                                        
 21        33-3717.  FEES AT THE UNIVERSITY OF IDAHO. (1) The state board  of  educa-
 22    tion  and  the board of regents of the university of Idaho may prescribe fees,
 23    but not tuition, for all full-time, resident students enrolled in the  univer-
 24    sity of Idaho.
 25        (2)  The  state board of education and the board of regents of the univer-
 26    sity of Idaho may prescribe tuition for:
 27        (a)  Nonresident students enrolled in the university of Idaho; or
 28        (b)  Resident students enrolled in the university of Idaho who are:
 29             (i)   In  a  professional  program,  college,  school  or  department
 30             approved by the state board of education and the board of regents  of
 31             the university of Idaho;
 32             (ii)  Taking extra studies; or
 33             (iii) Part-time students at the institution.
 34        (3)  For purposes of this section, tuition shall be defined as payment for
 35    the cost of instruction.
 36        (4)  Fees which may be prescribed under this section include matriculation
 37    fees,  defined as the fees charged to students for all educational costs other
 38    than the cost of instruction including, but not limited to,  costs  associated
 39    with  the construction, maintenance and operation of buildings and facilities,
 40    student services, and institutional support, which are complementary  to,  but
 41    not a part of, the instructional program. The state board of education and the
 42    board  of  regents  of the university of Idaho also may prescribe fees for all
                                                                        
                                           2
                                                                        
  1    students for any additional charges,  other  than  payment  for  the  cost  of
  2    instruction, that are necessary for the proper operation of the institution.
  3        (5)  A  resident student is a student who meets the residency requirements
  4    imposed by section 33-3717B, Idaho Code.
  5        (6)  Nothing contained in this section shall prevent the  state  board  of
  6    education  and  the  board  of regents of the university of Idaho from waiving
  7    fees or tuition to be paid by nonresident  students,  as  defined  in  section
  8    33-3717C, Idaho Code, who are enrolled in the university of Idaho.
                                                                        
  9        SECTION  3.  That  Chapter  37,  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 33-3717A, Idaho Code, and to read as follows:
                                                                        
 12        33-3717A.  FEES  AT STATE COLLEGES AND UNIVERSITIES OTHER THAN THE UNIVER-
 13    SITY OF IDAHO. (1) The state board of education may prescribe fees,  including
 14    tuition fees, for resident and nonresident students enrolled in all state col-
 15    leges  and  universities  other  than the university of Idaho. For purposes of
 16    this section, said fees, including tuition fees, may be used for any  and  all
 17    educational  costs  at  the state colleges and universities including, but not
 18    limited to, costs associated with:
 19        (a)  Academic services;
 20        (b)  Instruction;
 21        (c)  The construction, maintenance and operation of buildings and  facili-
 22        ties;
 23        (d)  Student services; or
 24        (e)  Institutional support.
 25    The  state board of education also may prescribe fees for all students for any
 26    additional charges that are necessary for the proper operation of each  insti-
 27    tution.
 28        (2)  A  resident student is a student who meets the residency requirements
 29    imposed by section 33-3717B, Idaho Code.
 30        (3)  Nothing contained in this section shall prevent the  state  board  of
 31    education from waiving fees, including tuition fees, to be paid by nonresident
 32    students,  as defined in section 33-3717C, Idaho Code, who are enrolled in the
 33    state colleges and universities.
 34        (4)  Nothing contained in this section shall apply to  community  colleges
 35    now  or hereafter established pursuant to chapter 21, title 33, Idaho Code, or
 36    to postsecondary professional-technical schools now or  hereafter  established
 37    and not connected to or a part of a state college or university.
                                                                        
 38        SECTION  4.  That  Chapter  37,  Title 33, Idaho Code, be, and the same is
 39    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 40    ignated as Section 33-3717B, Idaho Code, and to read as follows:
                                                                        
 41        33-3717B.  RESIDENCY  REQUIREMENTS.  (1)  For  any  public  institution of
 42    higher education in Idaho, a "resident student" is:
 43        (a)  Any student who has one (1) or more parent or  parents  or  court-ap-
 44        pointed  guardians  who  are domiciled in the state of Idaho. Domicile, in
 45        the case of a parent or guardian, means that individual's true, fixed  and
 46        permanent  home  and place of habitation. It is the place where that indi-
 47        vidual intends to remain, and to which that individual expects  to  return
 48        when  that individual leaves without intending to establish a new domicile
 49        elsewhere. To qualify under this section, the parent, parents or guardians
 50        must have maintained a bona fide domicile in the state  of  Idaho  for  at
 51        least one (1) year prior to the opening day of the term for which the stu-
                                                                        
                                           3
                                                                        
  1        dent matriculates.
  2        (b)  Any  student,  who  receives  less  than  fifty  percent (50%) of the
  3        student's support from a parent, parents or legal guardians  who  are  not
  4        residents of this state for voting purposes, but which student has contin-
  5        uously resided in the state of Idaho for twelve (12) months next preceding
  6        the  opening  day  of the term during which the student proposes to attend
  7        the college or university and who has in  fact  established  a  bona  fide
  8        domicile in this state primarily for purposes other than educational.
  9        (c)  Subject to subsection (2) of this section, any student who is a grad-
 10        uate  of  an  accredited  secondary  school in the state of Idaho, and who
 11        matriculates at a college or university in the state of Idaho  during  the
 12        term  immediately following such graduation regardless of the residence of
 13        the student's parent or guardian.
 14        (d)  The spouse of a person who is classified, or is eligible for  classi-
 15        fication,  as a resident of the state of Idaho for the purposes of attend-
 16        ing a college or university.
 17        (e)  A member of the armed forces of the United States, stationed  in  the
 18        state of Idaho on military orders.
 19        (f)  A  student  whose  parent or guardian is a member of the armed forces
 20        and stationed in the state of Idaho on military orders  and  who  receives
 21        fifty  percent  (50%)  or more of support from parents or legal guardians.
 22        The student, while in continuous attendance, shall not lose that residence
 23        when the student's parent or guardian is transferred on military orders.
 24        (g)  A person separated,  under  honorable  conditions,  from  the  United
 25        States  armed  forces  after at least two (2) years of service, who at the
 26        time of separation designates the state of Idaho as his intended  domicile
 27        or  who has Idaho as the home of record in service and enters a college or
 28        university in the state of Idaho within one (1) year of the date of  sepa-
 29        ration.
 30        (h)  Any  individual  who  has  been  domiciled in the state of Idaho, has
 31        qualified and would otherwise be qualified under the  provisions  of  this
 32        statute  and  who is away from the state for a period of less than one (1)
 33        calendar year and has not established legal residence elsewhere provided a
 34        twelve (12) month period of  continuous  residence  has  been  established
 35        immediately prior to departure.
 36        (i)  A student who is a member of any of the following Idaho Native Ameri-
 37        can  Indian tribes, regardless of current domicile, shall be considered an
 38        Idaho state resident for purposes of fees or tuition  at  institutions  of
 39        higher  education:  members  of the following Idaho Native American Indian
 40        tribes, whose traditional and customary tribal  boundaries  included  por-
 41        tions  of  the  state of Idaho, or whose Indian tribe was granted reserved
 42        lands within the state of Idaho: (i) Coeur d'Alene tribe;  (ii)  Shoshone-
 43        Paiute  tribes;  (iii)  Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v)
 44        Kootenai tribe.
 45        (2)  A "nonresident student" shall mean any student who does  not  qualify
 46    as  a  "resident  student" under the provisions of subsection (1) of this sec-
 47    tion, and shall include:
 48        (a)  A student attending an institution in this  state  with  the  aid  of
 49        financial  assistance  provided  by  another state or governmental unit or
 50        agency thereof, such nonresidency continuing for one (1)  year  after  the
 51        completion of the semester for which such assistance is last provided.
 52        (b)  A  person  who  is not a citizen of the United States of America, who
 53        does not have permanent or temporary resident  status  or  does  not  hold
 54        "refugee-parolee"  or  "conditional entrant" status with the United States
 55        immigration and naturalization service or  is  not  otherwise  permanently
                                                                        
                                           4
                                                                        
  1        residing in the United States under color of the law and who does not also
  2        meet and comply with all applicable requirements of this section.
  3        (3)  The  establishment  of  a  new domicile in Idaho by a person formerly
  4    domiciled in another state has occurred if such person is  physically  present
  5    in  Idaho primarily for purposes other than educational and can show satisfac-
  6    tory proof that such person is without a present intention to return  to  such
  7    other  state  or  to  acquire a domicile at some other place outside of Idaho.
  8    Institutions determining whether a student is domiciled in the state of  Idaho
  9    primarily for purposes other than educational shall consider, but shall not be
 10    limited to, the following factors:
 11        (a)  Registration  and  payment of Idaho taxes or fees on a motor vehicle,
 12        mobile home, travel trailer, or other item of personal property for  which
 13        state registration and the payment of a state tax or fee is required;
 14        (b)  Filing of Idaho state income tax returns;
 15        (c)  Permanent  full-time  employment  or the hourly equivalent thereof in
 16        the state of Idaho;
 17        (d)  Registration to vote for state elected officials in Idaho at  a  gen-
 18        eral election.
 19        (4)  The  state board of education and the board of regents of the univer-
 20    sity of Idaho shall adopt uniform and standard rules applicable to  all  state
 21    colleges  and  universities now or hereafter established to determine resident
 22    status of any student and to establish procedures for review of that status.
 23        (5)  Appeal from a final determination denying resident status may be ini-
 24    tiated by the filing of an action in the district court of the county in which
 25    the affected college or university is located; an  appeal  from  the  district
 26    court shall lie as in all civil actions.
 27        (6)  Nothing  contained  herein shall prevent the state board of education
 28    and the board of regents of the university of Idaho from establishing  quotas,
 29    standards  for  admission,  standards  for  readmission,  or  other  terms and
 30    requirements governing persons who are not residents for  purposes  of  higher
 31    education.
 32        (7)  For students who apply for special graduate and professional programs
 33    including,  but  not limited to, the WAMI (Washington, Alaska, Montana, Idaho)
 34    regional medical program, the WICHE student exchange programs, Creighton  uni-
 35    versity  school of dental science, the university of Utah college of medicine,
 36    and the Washington, Oregon, Idaho (WOI) regional program in veterinary medical
 37    education, no applicant shall be certified or otherwise designated as a  bene-
 38    ficiary  of  such  special program who has not been a resident of the state of
 39    Idaho for at least one (1) calendar year previous to the application date.
                                                                        
 40        SECTION 5.  That Section 33-3717A, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:
                                                                        
 42        33-3717AC.  WAIVING  FEES OR TUITION FOR CERTAIN NONRESIDENT STUDENTS. (1)
 43    Notwithstanding any other provision of law the state board  of  education  and
 44    the  board of regents of the university of Idaho may determine when to grant a
 45    full or partial waiver of fees or tuition charged to nonresident students pur-
 46    suant to reciprocal agreements with other states. In  making  this  determina-
 47    tion,  the state board of education and the board of regents of the university
 48    of Idaho shall consider the potential of the waiver to:
 49        (a)  Enhance educational opportunities for Idaho residents;
 50        (b)  Promote mutually beneficial cooperation and development of Idaho com-
 51        munities and nearby communities in neighboring states;
 52        (c)  Contribute to the quality of educational programs; and
 53        (d)  Assist in maintaining the cost effectiveness of auxiliary  operations
                                                                        
                                           5
                                                                        
  1        in Idaho institutions of higher education.
  2        (2)  Consistent  with  the  determinations made pursuant to subsection (1)
  3    hereof, the state board of education and the board of regents of  the  univer-
  4    sity  of  Idaho  may  enter into agreements with other states to provide for a
  5    full or partial reciprocal waiver of fees or tuition charged to students. Each
  6    agreement shall provide for the numbers and identifying criteria of  students,
  7    and  shall  specify the institutions of higher education that will be affected
  8    by the agreement.
  9        (3)  The state board of education and the board of regents of the  univer-
 10    sity  of Idaho shall establish policy guidelines for the administration by the
 11    affected Idaho institutions of any tuition waivers authorized under this  sec-
 12    tion,  for  evaluating  applicants  for  such  waivers,  and for reporting the
 13    results of the reciprocal waiver programs authorized in this section.
 14        (4)  A report and financial analysis of any waivers of tuition  authorized
 15    under  this  section shall be submitted annually to the legislature as part of
 16    the budget recommendations of the state board of education and  the  board  of
 17    regents  of the university of Idaho for the system of higher education in this
 18    state.
                                                                        
 19        SECTION 6.  That Section 33-3720, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        33-3720.  PROFESSIONAL  STUDIES PROGRAM. (1) It is hereby declared that it
 22    is in the public interest to assist Idaho citizens who wish to pursue  profes-
 23    sional  studies in the fields of medicine, dentistry, veterinary medicine, and
 24    other health-related areas of study which are not available within  the  state
 25    by  (a)  entering  into  compacts  or  contractual  agreements which make such
 26    courses of study available to Idaho citizens, and (b) providing a mechanism to
 27    provide funds for such Idaho citizens.
 28        (2)  The state board of education is hereby authorized to enter into  loan
 29    agreements  with  qualified  recipients  to participate in qualified programs,
 30    which agreements shall include provisions for repayment of the loan  on  terms
 31    agreed  to by the board and the qualified recipient; such repayment agreements
 32    may include provisions for decreasing or delaying or forgiving  the  repayment
 33    obligation  in relationship to the recipient's course of study or agreement to
 34    return to Idaho to practice professionally.
 35        (a)  A qualified recipient shall be any  Idaho  student  accepted  into  a
 36        qualified  program who meets the residency requirements imposed by section
 37        33-3717B, Idaho Code, and the rules of the state board of education.
 38        (b)  A  qualified  program  shall  be  a  program  enumerated  in  section
 39        33-3717B(87), Idaho Code, and any other medical, dental, veterinary  medi-
 40        cine, or other health-related program in which participation by Idaho res-
 41        idents  has  been  authorized  by the legislature and for which funds have
 42        been obligated by the board pursuant to subsection (3) of this section.
 43        (3)  The state board of education is hereby authorized to  transfer,  dis-
 44    tribute  or  pay  such  moneys  as  are  available in the professional studies
 45    account to the school, program, or compact providing the course of study  pur-
 46    suant to contracts, agreements, or compacts entered into by the legislature or
 47    the state board of education.
 48        (4)  The state board of education is hereby authorized to adopt all neces-
 49    sary rules, subject to the provisions of chapter 52, title 67, Idaho Code, for
 50    the administration of the professional studies program.
                                                                        
 51        SECTION  7.  That  Section 33-4306, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           6
                                                                        
  1        33-4306.  DEFINITIONS. As used in this act, unless the  context  otherwise
  2    requires:
  3        (1)  "Eligible  postsecondary  institution"  means  a public postsecondary
  4    organization governed or supervised by the state board of education, the board
  5    of regents of the university of Idaho, a board of trustees of a community col-
  6    lege established pursuant to the provisions of section 33-2106, Idaho Code, or
  7    the state board for professional-technical education or any educational  orga-
  8    nization  which  is operated privately and not for profit under the control of
  9    an independent board and not directly controlled or administered by  a  public
 10    or political subdivision. A public or private educational organization becomes
 11    eligible  to participate in category B grant awards if the organization agrees
 12    to match awards  granted to each eligible category B student. If  an  institu-
 13    tion declines to match awards, an eligible student will receive the state por-
 14    tion of the award to that institution.
 15        (2)  "Educational  costs"  means student costs for tuition, fees, room and
 16    board, or expenses related to  reasonable  commuting,  books  and  such  other
 17    expenses  reasonably  related  to  attendance  at  a postsecondary educational
 18    institution.
 19        (3)  "Student" means an individual resident student as defined in  section
 20    33-3717B  or 33-2110B, Idaho Code, enrolled full-time full time and carrying a
 21    sufficient  number  of  credit  hours,  or  their  equivalent,  to  secure  an
 22    individual's first degree, certificate, diploma  or  less,  toward  which  the
 23    individual is working, in no more than the number of semesters, or equivalent,
 24    normally  required by the eligible postsecondary institution in the program in
 25    which the individual is enrolled and provided that the  baccalaureate  degree,
 26    certificate,  diploma  or  lesser  program requires at least six (6) months or
 27    equivalent of consecutive attendance. A student engaged in  a  four  (4)  year
 28    baccalaureate program shall not be terminated from this scholarship program by
 29    having earned an intermediate degree, certificate or diploma.
 30        (4)  "Enrollment"   means   the   establishment   and  maintenance  of  an
 31    individual's status as a student in  an  eligible  postsecondary  institution,
 32    regardless of the term used at the institution to describe such status.
 33        (5)  "Eligible  category  A student" means any individual who declares his
 34    intention to matriculate in an eligible postsecondary institution in the state
 35    of Idaho during the educational year immediately following:
 36        (a)  The individual's graduation from an accredited  secondary  school  in
 37        the state of Idaho; or
 38        (b)  The  individual's graduation from an accredited secondary school out-
 39        side of the United States, provided that  the  individual  graduated  from
 40        such  school, and the individual and a parent of the individual were resi-
 41        dents of the state of Idaho, within one (1) year of leaving the state  due
 42        to the military status or job relocation of a parent.
 43        (6)  "Eligible  category  B  student"  means any student, having completed
 44    secondary school or its equivalent in the state of Idaho, or  outside  of  the
 45    United  States if within one (1) year of leaving the state due to the military
 46    status or job relocation of a parent (a) the student completed such  secondary
 47    school or its equivalent, and (b) the student and a parent of the student were
 48    residents  of  the state of Idaho, and who enrolls as a student in an eligible
 49    postsecondary institution in the state of Idaho prior to  reaching  twenty-two
 50    (22) years of age. To maintain eligibility a student must achieve and maintain
 51    a  2.5  cumulative  grade  point  average  while enrolled in an eligible post-
 52    secondary institution. Students meeting the requirements  of  this  subsection
 53    who were not eligible for a grant in the first term of postsecondary education
 54    and  who  achieve and maintain a 2.5 cumulative grade point average based on a
 55    4.0 system in an eligible postsecondary institution will become  eligible  for
                                                                        
                                           7
                                                                        
  1    grant payments in subsequent school terms.
  2        (7)  "Grant" means an award to an eligible student for matriculation in an
  3    eligible postsecondary institution in the state of Idaho.
  4        (8)  "Educational  year"  means  the  period from July 1 of a year through
  5    June 30 of the succeeding year.
  6        (9)  "Competitive examination" means standardized examination(s) measuring
  7    achievement administered annually on a voluntary basis on a specified date and
  8    at specified locations announced publicly.
  9        (10) "High school record," for category A students, will be defined by the
 10    state board of education and the board of regents of the university  of  Idaho
 11    and  may include, but need not be limited to, an individual's rank in his sec-
 12    ondary school class, grade point average, and difficulty of course load  taken
 13    as  certified  by  an  official of such secondary school, and the individual's
 14    secondary school deportment as evaluated by at least two (2) officials of such
 15    secondary school.
 16        (11) "High school record," for category B students, shall  be  defined  by
 17    the  state  board  of  education and the board of regents of the university of
 18    Idaho and may include, but need not be limited to, an  individual's  secondary
 19    school  cumulative  grade  point  average or a composite score on the American
 20    college test (ACT).
 21        (12) "Cumulative grade point average" is defined as a student's cumulative
 22    grade point average for all courses taken in grades nine  (9)  through  twelve
 23    (12) and calculated on a grade of A equals 4.0 points, a grade of B equals 3.0
 24    points,  a  grade  of C equals 2.0 points, a grade of D equals 1.0 point and a
 25    grade of F equals 0.0 points.
                                                                        
 26        SECTION 8.  That Section 33-4403, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        33-4403.  DEFINITIONS. As used in this chapter:
 29        (1)  "Accredited institution of higher education" means any public or pri-
 30    vate  university,  college,  or  community  college in Idaho accredited by the
 31    northwest association of schools and colleges,  or  any  public  professional-
 32    technical  school  operated by the state of Idaho or any political subdivision
 33    thereof; provided, that no institution of higher education shall  be  eligible
 34    to  participate  in  the program unless it agrees to and complies with program
 35    rules and regulations adopted by the board pursuant to chapter 52,  title  67,
 36    Idaho  Code; provided, further, that private accredited institutions of higher
 37    education which  are  controlled  by  sectarian  organizations,  and  students
 38    attending  such  institutions,  may  participate only in the educational need,
 39    off-campus work experience portion of this program and such off-campus employ-
 40    ment may not be located at, or be performed on behalf of, a sectarian or reli-
 41    gious establishment.
 42        (2)  "Board" means the state board of education.
 43        (3)  "Program" means the Idaho work study program established pursuant  to
 44    this chapter.
 45        (4)  "Resident   student"  means  an  individual  as  defined  in  section
 46    33-3717B, Idaho Code.
 47        (5)  "Student" means an individual currently at an Idaho  school  enrolled
 48    in a postsecondary degree program, or a state supported professional-technical
 49    program.
 50        (6)  "Student  with  educational need" means a post-high school student in
 51    good standing at an accredited institution of higher learning who is  desirous
 52    of  obtaining  work  experience  related  to  the student's course of academic
 53    study, in either on-campus or approved off-campus employment,  and  who  meets
                                                                        
                                           8
                                                                        
  1    the  institutional  requirements  for  determining educational need; provided,
  2    however, a student whose academic course of study is sectarian  in  nature  or
  3    who  is  pursuing  an educational program leading to a baccalaureate degree in
  4    theology or divinity may not participate in this program.
  5        (7)  "Student with financial need" means a  post-high  school  student  in
  6    good standing at an accredited institution of higher learning who demonstrates
  7    to  the institution the financial inability, either through the student's par-
  8    ents, family and/or personally, to meet the institutionally  defined  cost  of
  9    education,  and  further demonstrates the ability and willingness to work in a
 10    student work study program, according to the stated needs of the institution.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14876

The purpose of this legislation is to grant the State Board of
Education the authority to set fees, including tuition fees, for
all resident and nonresident students attending Boise State
University, Idaho State University, and Lewis-Clark State
College. The University of Idaho is not included due to the
constitutional charter of the University. The purpose of this
legislation is not to increase student fees. Rather, it is
designed to clarify the purposes for which those funds may be
used. The reason this legislation is needed is that the current
tuition prohibition sets restrictions on the fees paid by the
students and hinders college and universities from being
responsive to student needs. Since the fees collected from the
students cannot be used for instructional costs, the students
cannot have their fees used to support core instructional
activities, i.e., faculty salaries, additional faculty, library
support, etc.


                           FISCAL NOTE

Under current law, students fees only can be used for designated
purposes. The intent of this legislation is not designed to
increase student fees, but rather to provide greater flexibility
to the state college and universities with respect to the use of
fees to fund educational and instructional costs. This
legislative proposal is not intended to increase student fees
more than otherwise might occur. Accordingly, there will be no
fiscal impact to the General Fund.



Contact
Name:  Gary Stivers, State Board of Education 
Phone: 332-1565
Name:  Rep. Mack Shirley, Rep. Ann Rydalch
       Rep. Jana Kemp, Rep. Rich Wills
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                      H 231