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H0274..........................................................by EDUCATION SCHOLARSHIP - DRUG/ALCOHOL FREE STUDENTS - Adds to and amends existing law to provide a drug, alcohol and tobacco free category to the Promise Scholarship Program. 02/28 House intro - 1st rdg - to printing 03/01 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 274 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 FOR RULES, TO PROVIDE A CORRECT CODE 11 REFERENCE AND TO MAKE 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,andcategory 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, 2010. All students who are enrolled as 37 ninth graders on and after July 1, 2006, 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 or, if the secondary 12 school does not have a drug testing program, to have a licensed physician con- 13 duct the test or tests. 14 Qualification for a drug, alcohol and tobacco free category scholarship is 15 built during the secondary school years. Beginning in the ninth grade, each 16 year the student participates successfully in the secondary school drug, alco- 17 hol and tobacco free program qualifies the student for one (1) semester's use 18 of the drug, alcohol and tobacco free category scholarship in a postsecondary 19 institution. If a student enters into an agreement in a secondary school to be 20 drug, alcohol and tobacco free, and fails for whatever reason, he or she may 21 reapply the following year, but shall lose the previous credits earned. 22 A school district's or secondary school's participation in the drug, alco- 23 hol and tobacco free category scholarship is optional as determined by the 24 board of trustees or the governing board of the secondary school. 25 Use of the drug, alcohol and tobacco free category scholarship funds is 26 contingent, also, on remaining drug, alcohol and tobacco free during the post- 27 secondary institution years but does not require testing in a drug free pro- 28 gram in the postsecondary institution. However, any student who is convicted 29 of, pleads guilty to or receives a withheld judgment for any violation related 30 to drugs, alcohol or tobacco during that student's postsecondary institution 31 years forfeits any future use of drug, alcohol and tobacco free category 32 scholarship funds. Students shall reapply annually, or as outlined in the 33 postsecondary institution's scholarship policies for the drug, alcohol and 34 tobacco free category scholarship, and shall provide evidence satisfactory to 35 the postsecondary institution of the fact that they remain drug, alcohol and 36 tobacco free. 37 SECTION 3. That Section 33-4307, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 33-4307. ELIGIBILITY -- MAXIMUM AMOUNTS -- CONDITIONS. A grant may be 40 awarded to an eligible student for matriculation at an eligible postsecondary 41 educational institution in the state of Idaho if: 42 (1) The individual is accepted for enrollment as a full-time undergradu- 43 ate or professional-technical student, as follows: 44 (a) In the case of an individual beginning his first year or freshman 45 year of postsecondary education, he has satisfied the requirements for 46 admission and has enrolled in an eligible postsecondary institution. 47 (b) In the case of an individual enrolled in an eligible postsecondary 48 institution following the successful completion of the first term, he con- 49 tinues to meet the requirements of this act and has maintained such high 50 standards of performance as may be required. Provided that high academic 51 standards are maintained in accordance with requirements of this chapter, 52 a student continues to be eligible when transferring from one (1) major 53 program to another. 3 1 (c) In the case of an individual transferring from one (1) eligible post- 2 secondary institution in Idaho to another eligible postsecondary institu- 3 tion in Idaho, he continues to meet the requirements of this act, is 4 accepted and enrolled at the eligible postsecondary institution to which 5 he is transferring, and has maintained such high standards of performance 6 as may be required. 7 (2) The grant for category A students is as follows: 8 (a) The grant payment to an individual per educational year for atten- 9 dance on a full-time basis is not in excess of an amount determined annu- 10 ally by the state board of education or in excess of the total educational 11 costs as certified by an official of the eligible postsecondary institu- 12 tion to be attended by the individual receiving the grant, whichever is 13 less. 14 (b) The total grant payments over a period of six (6) years to an indi- 15 vidual may not exceed four (4) annual grants or the total educational 16 costs for four (4) educational years completed as certified by an official 17 of the eligible postsecondary institution or institutions attended by the 18 individual receiving the grant, whichever is less. 19 (c) The individual receiving such a grant signs an affidavit stating that 20 the grant will be used for educational costs only. 21 (d) The grant is awarded on the basis of extraordinary performance in 22 standardized, unweighted competitive examination and high school record. 23 (e) The individual receiving the grant is not precluded from receiving 24 other financial aid, awards, or scholarships, provided the total of the 25 grant and such other financial aids, awards or scholarships does not 26 exceed the total educational costs for attendance at an eligible post- 27 secondary institution as certified by an official of the eligible post- 28 secondary institution to be attended by the individual receiving the 29 grant. 30 (f) Grant payments shall correspond to academic terms, semesters, quar- 31 ters or equivalent time periods at an eligible postsecondary institution; 32 in no instance may the entire amount of a grant for an educational year, 33 as defined in section 33-4306(108), Idaho Code, be paid to or on behalf of 34 such student in advance. 35 (g) The individual has complied with such rules as may be necessary for 36 the administration of this act. 37 (3) The grant for category B students is as follows: 38 (a) The grant payment to an individual per educational year for atten- 39 dance on a full-time basis is not in excess of an amount determined annu- 40 ally by the state board of education and the board of regents of the uni- 41 versity of Idaho and not to exceed one thousand two hundred dollars 42 ($1,200) per year including the required match. 43 (b) The total grant payments over a period of four (4) years to an indi- 44 vidual may not exceed two (2) annual grants. 45 (c) The individual receiving such a grant signs an affidavit stating that 46 the grant will be used for educational costs only. 47 (d) The grant is awarded on the basis of a high school record of a 3.0 48 grade point average or an ACT composite score of 20 or better and other 49 criteria as may be established by the state board of education and the 50 board of regents of the university of Idaho. 51 (e) The individual receiving the grant is not precluded from receiving 52 other financial aid, awards or scholarships except that category A student 53 award recipients are not eligible for category B awards. 54 (f) Grant payments shall correspond to academic terms, semesters, quar- 55 ters or equivalent time periods at an eligible postsecondary institution; 4 1 in no instance may the entire amount of a grant for an educational year, 2 as defined in section 33-4306(8), Idaho Code, be paid to or on behalf of 3 such student in advance. The first grant payments pursuant to this section 4 for category B students shall be made in the fall of 2001 or in the first 5 fall academic term following an appropriation and when moneys are avail- 6 able to implement the category B scholarship program, whichever date is 7 later. 8 (g) The individual has complied with such rules as may be necessary for 9 the administration of this chapter. 10 (h) All eligible postsecondary institutions will report annually to the 11 state board of education and the board of regents of the university of 12 Idaho the number of students for each term receiving a grant award and the 13 number of awards that were matched by the institution. 14 (4) The grant for drug, alcohol and tobacco free category students is as 15 follows: 16 (a) The grant payment to an individual per educational year for atten- 17 dance on a full-time basis is not in excess of an amount determined annu- 18 ally by the state board of education and the board of regents of the uni- 19 versity of Idaho and not to exceed one thousand two hundred dollars 20 ($1,200) per year including the required match. 21 (b) The total grant payments over a period of four (4) years to an indi- 22 vidual may not exceed two (2) annual grants. 23 (c) The individual receiving such a grant signs an affidavit stating that 24 the grant will be used for educational costs only and the individual shall 25 comply with all terms of the contract provided in section 33-4306A, Idaho 26 Code. 27 (d) The grant is awarded on the basis of a secondary school record of a 28 3.0 grade point average or an ACT composite score of 20 or better and 29 other criteria as may be established by the state board of education and 30 the board of regents of the university of Idaho. 31 (e) The individual receiving the grant is not precluded from receiving 32 other financial aid, awards or scholarships. 33 (f) Grant payments shall correspond to academic terms, semesters, quar- 34 ters or equivalent time periods at an eligible postsecondary institution; 35 in no instance may the entire amount of a grant for an educational year, 36 as defined in section 33-4306(8), Idaho Code, be paid to or on behalf of 37 such student in advance. An institution where the student is enrolled may 38 utilize grant moneys for any educational related purpose. 39 (g) The individual has complied with such rules as may be necessary for 40 the administration of this chapter. 41 (h) All eligible postsecondary institutions will report annually to the 42 state board of education and the board of regents of the university of 43 Idaho the number of students for each term receiving a grant award and the 44 number of awards that were matched by the institution. 45 (5) The state board of education and the board of regents of the univer- 46 sity of Idaho shall adopt rules to manage the category A, category B and drug, 47 alcohol and tobacco free category scholarships.
STATEMENT OF PURPOSE RS 14391C1 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 NOTE The fiscal impact for the Robert R. Lee Promise Scholarship, Drug, Alcohol & Tobacco Free for FY 2006 - FY 2013 is estimated to be: FY 2006 - FY 2010 = $0; FY 2011 = $600,000; FY 2012 = $600,000; and FY 2013 = $ 36,000. Contact Name: Rep. Sharon Block, Sen. Bart Davis Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 274