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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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