2006 Legislation
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HOUSE BILL NO. 698 – Scholarship/drug/alcohol free stdnt

HOUSE BILL NO. 698

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Bill Status



H0698..........................................................by EDUCATION
SCHOLARSHIPS - Adds to existing law to provide eligibility criteria for
scholarships for drug, alcohol and tobacco free students; to provide that
drug, alcohol and tobacco free students shall remain drug, alcohol and
tobacco free to qualify for the scholarship; to provide for the amount and
length of the scholarship award; to provide for reports; to provide for
rules; and to define terms.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 64-1-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche,
      Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood
      NAYS -- Ringo
      Absent and excused -- Black, Boe, Crow, Sayler, Mr. Speaker
    Floor Sponsor - Block
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 698
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOLARSHIPS; AMENDING CHAPTER 43, TITLE 33, IDAHO  CODE,  BY  THE
  3        ADDITION OF A NEW SECTION 33-4316, IDAHO CODE, TO PROVIDE ELIGIBILITY CRI-
  4        TERIA  FOR  SCHOLARSHIPS  FOR  DRUG, ALCOHOL AND TOBACCO FREE STUDENTS, TO
  5        PROVIDE THAT DRUG, ALCOHOL AND TOBACCO FREE STUDENTS  SHALL  REMAIN  DRUG,
  6        ALCOHOL AND TOBACCO FREE, TO PROVIDE PROCEDURES, TO PROVIDE THE AMOUNT AND
  7        LENGTH  OF THE AWARD FOR DRUG, ALCOHOL AND TOBACCO FREE  STUDENTS, TO PRO-
  8        VIDE FOR REPORTS, TO PROVIDE FOR RULES AND TO DEFINE TERMS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Chapter 43, Title 33, Idaho Code, be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 33-4316, Idaho Code, and to read as follows:
                                                                        
 13        33-4316.  SCHOLARSHIP FOR DRUG, ALCOHOL AND TOBACCO FREE STUDENTS. (1) The
 14    purpose of the drug, alcohol and tobacco free scholarship is to encourage stu-
 15    dents to be drug, alcohol and tobacco free. The drug, alcohol and tobacco free
 16    scholarship shall be available to eligible students as provided herein  as  of
 17    July 1, 2011. All students who are enrolled as ninth graders on and after July
 18    1,  2007,  or who are receiving comparable instruction in a home-based setting
 19    must comply with the provisions of this section in order to be eligible for an
 20    award of a drug, alcohol and tobacco free scholarship. In order to  receive  a
 21    drug,  alcohol  and  tobacco  free  scholarship,  the  student,  the student's
 22    parent(s), guardian or custodian and a representative of the  school  district
 23    or  secondary  school  shall  complete an agreement with a participating local
 24    school district or secondary school, or if the student receives instruction in
 25    a home-based setting, the agreement shall be submitted to the  office  of  the
 26    state board of education on a form that is approved by the state board of edu-
 27    cation.  The  form  will  outline the terms and conditions the student and the
 28    student's parent(s), guardian or custodian must adhere to as  a  condition  of
 29    being  eligible  to receive a drug, alcohol and tobacco free scholarship. At a
 30    minimum, the agreement shall include the requirement that the  student  agrees
 31    to be drug, alcohol and tobacco free for the entire calendar year, and for the
 32    duration  of  the student's high school age years, and that the student agrees
 33    to voluntarily participate in a random drug testing program as outlined by the
 34    board of trustees or the governing board of the secondary school  or,  if  the
 35    secondary school does not have a drug testing program, to have a licensed phy-
 36    sician  or  hospital  conduct the test or tests. A conviction, guilty plea, or
 37    withheld judgment for any offense relating to drugs, alcohol or tobacco  shall
 38    be the same as failing a drug test for purposes of this section.
 39        (2)  Qualification  for  a  drug,  alcohol and tobacco free scholarship is
 40    determined during the secondary school years. Beginning in  the  ninth  grade,
 41    each  year the student participates successfully in the secondary school drug,
 42    alcohol and tobacco free program qualifies the student for one (1)  semester's
 43    use  of  the  drug,  alcohol  and  tobacco free scholarship in a postsecondary
                                                                        
                                           2
                                                                        
  1    institution. If a student enters into an agreement in secondary school  to  be
  2    drug,  alcohol  and tobacco free, and fails for whatever reason, he or she may
  3    reapply the following year, but shall lose the previous credits earned.
  4        (3)  A school district's or secondary school's participation in the  drug,
  5    alcohol and tobacco free scholarship is optional as determined by the board of
  6    trustees  or  the governing board of the secondary school. A student receiving
  7    drug, alcohol and tobacco free scholarship  funds is expected to  remain drug,
  8    alcohol and tobacco free during the time  of  enrollment  in  a  postsecondary
  9    institution.  This  shall  not  require  drug  or alcohol testing by the post-
 10    secondary institution. However, any student who is convicted of, pleads guilty
 11    to or receives a withheld judgment for any violation related to drugs, alcohol
 12    or tobacco during that student's postsecondary institution years forfeits  any
 13    future use of drug, alcohol and tobacco free scholarship funds. Students shall
 14    either  reapply  annually,  or  as outlined in the postsecondary institution's
 15    scholarship policies for the drug, alcohol and tobacco free  scholarship,  and
 16    shall  certify  to  the postsecondary institution they have not been convicted
 17    of, plead guilty to or received a withheld judgment for any violation  related
 18    to  drugs,  alcohol  or  tobacco  during the immediately preceding twelve (12)
 19    month period.
 20        (4)  The grant for drug, alcohol and tobacco free students is as follows:
 21        (a)  The grant payment to an individual per educational  year  for  atten-
 22        dance  on a full-time basis is not in excess of an amount determined annu-
 23        ally by the state board of education and the board of regents of the  uni-
 24        versity  of  Idaho  and  not  to  exceed  one thousand two hundred dollars
 25        ($1,200) per year.
 26        (b)  The total grant payments over a maximum period  of  four  (4)  educa-
 27        tional  years  to  an  individual may not exceed two (2) grants per educa-
 28        tional year.
 29        (c)  The individual receiving such a grant signs an affidavit stating that
 30        the  individual shall comply with all terms of the agreement  provided  in
 31        this section.
 32        (d)  The  grant  is awarded on the basis of a secondary school record of a
 33        2.5 grade point average or an ACT composite score of 20 or better or  such
 34        other  criteria  as may be established by the state board of education and
 35        the board of regents of the university of Idaho.
 36        (e)  The individual receiving the grant is not  precluded  from  receiving
 37        other financial aid, awards or scholarships.
 38        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
 39        ters or equivalent time periods at an eligible postsecondary  institution;
 40        in  no  instance may the entire amount of a grant for an educational year,
 41        as defined in section 33-4306(8), Idaho Code, be paid on  behalf  of  such
 42        student  in advance. An institution where the student is enrolled may uti-
 43        lize grant moneys for any educational related purpose.
 44        (g)  The individual has complied with such rules as may be  necessary  for
 45        the administration of this chapter.
 46        (h)  All  eligible  postsecondary institutions will report annually to the
 47        state board of education and the board of regents  of  the  university  of
 48        Idaho the number of students for each term receiving a grant award.
 49        (5)  The  state board of education and the board of regents of the univer-
 50    sity of Idaho shall adopt rules to manage the drug, alcohol and  tobacco  free
 51    scholarships.
 52        (6)  As used in this section, unless the context otherwise requires:
 53        (a)  "Drug"  means  a  substance  that  is  illegal to possess, consume or
 54        ingest and criminal penalties are provided for  possessing,  consuming  or
 55        ingesting  such  substance. "Drug" may also include a legal substance that
                                                                        
                                           3
                                                                        
  1        is being used in an unlawful or illegal manner.
  2        (b)  "Educational costs" means student costs for tuition, fees,  room  and
  3        board,  or  expenses related to reasonable commuting, books and such other
  4        expenses reasonably related to attendance at a  postsecondary  educational
  5        institution.
  6        (c)  "Eligible  postsecondary  institution"  means  a public postsecondary
  7        organization  governed or supervised by the state board of education,  the
  8        board of regents of the university of Idaho, a board of trustees of a com-
  9        munity  college established pursuant to the provisions of section 33-2106,
 10        Idaho Code, or the state board for professional-technical education or any
 11        educational organization in Idaho which is operated privately and not  for
 12        profit  under  the  control  of an independent board and not directly con-
 13        trolled or administered by a public or political subdivision.
 14        (d)  "Enrollment"  means  the  establishment   and   maintenance   of   an
 15        individual's status as a student in an eligible postsecondary institution,
 16        regardless of the term used at the institution to describe such status.
 17        (e)  "Student"  means an individual resident student as defined in section
 18        33-2110B or 33-3717B, Idaho Code, enrolled full time and carrying a suffi-
 19        cient  number  of  credit  hours,  or  their  equivalent,  to  secure   an
 20        individual's  first degree, certificate, diploma or lesser program, toward
 21        which the individual is working, in no more than the number of  semesters,
 22        or equivalent, normally required by the eligible postsecondary institution
 23        in  the  program in which the individual is enrolled and provided that the
 24        baccalaureate degree, certificate, diploma or lesser program  requires  at
 25        least  six  (6) months or the equivalent of consecutive attendance. A stu-
 26        dent engaged in a four (4) year baccalaureate program shall not be  termi-
 27        nated  from  this  scholarship  program  by  having earned an intermediate
 28        degree, certificate or diploma.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15525C4

This legislation adds a new section 33-4316 to Chapter 43, Title
33, to provide eligibility criteria for Drug, Alcohol and Tobacco
Free students, to provide that secondary school students who
elect to apply for the Drug, Alcohol and Tobacco Free scholarship
shall remain drug, alcohol and tobacco free and to provide
procedures.
The new Section 33-4316, Idaho Code, will provide for reports to
provide a correct code reference and to make technical
corrections.


                           FISCAL NOTE

The fiscal impact for the Drug, Alcohol and Tobacco Free
Scholarship for FY 2007 - FY 2014 is estimated to be: FY 2007-FY
2010 = $$0; FY 2011 = $1,200,000; FY 2012 = $1,200,000; and FY
2013 = $72,000.



Contact
Name: Representative Block
      Senator Davis 
Phone: 322-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 698