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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 - 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
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