2005 Legislation
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HOUSE BILL NO. 274 – Scholarshp, drug/alchol free studnt

HOUSE BILL NO. 274

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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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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, 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, 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 / Fiscal Impact



                       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