2007 Legislation
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HOUSE BILL NO. 217 – Opportunity scholarship program

HOUSE BILL NO. 217

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Bill Status



H0217..........................................................by EDUCATION
IDAHO OPPORTUNITY SCHOLARSHIP ACT - Adds to existing law to provide for the
Idaho Opportunity Scholarship Act; to state legislative intent; to provide
for academic and financial eligibility; to provide for an application
process; to provide for an awards process; to provide for application
criteria; to provide for the amount and duration of awards; to provide for
procedure in the event of ineligibility; and to create and provide for an
opportunity scholarship program account.
                                                                        
02/20    House intro - 1st rdg - to printing
02/21    Rpt prt - to Educ
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    Ret'd to Educ
03/15    Rpt out - rec d/p - to 3rd rdg
03/16    3rd rdg - PASSED - 64-4-2
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
      Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander
      Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Barrett, Harwood, Shepherd(8), Thayn
      Absent and excused -- Lake, McGeachin
    Floor Sponsors - Nonini & Trail
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to Educ
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 28-7-0
      AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Malepeai,
      McGee, McKenzie, Richardson, Schroeder, Stennett, Werk
      NAYS -- Bair, Fulcher, Keough, McKague, Pearce, Siddoway, Stegner
      Absent and excused -- None
    Floor Sponsors - Bastian & Burkett
    Title apvd - to House
03/22    To enrol - Rpt enrol - Sp signed
03/23    Pres signed
03/26    To Governor
03/29    Governor signed
         Session Law Chapter 259
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 217
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOLARSHIPS; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF  A
  3        NEW  CHAPTER  56, TITLE 33, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO STATE
  4        LEGISLATIVE INTENT, TO PROVIDE FOR THE PURPOSES OF THE CHAPTER, TO  DEFINE
  5        TERMS,  TO  PROVIDE FOR ACADEMIC AND FINANCIAL ELIGIBILITY, TO PROVIDE FOR
  6        AN APPLICATION PROCESS, TO PROVIDE FOR APPLICATION  CRITERIA,  TO  PROVIDE
  7        FOR  AN  AWARDS PROCESS, TO PROVIDE FOR THE AMOUNT AND DURATION OF AWARDS,
  8        TO PROVIDE FOR PROCEDURE IN THE EVENT OF INELIGIBILITY AND TO  CREATE  AND
  9        PROVIDE FOR AN OPPORTUNITY SCHOLARSHIP PROGRAM ACCOUNT.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That Title 33, Idaho Code, be, and the same is hereby amended
 12    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 13    ter 56, Title 33, Idaho Code, and to read as follows:
                                                                        
 14                                      CHAPTER 56
 15                        IDAHO OPPORTUNITY SCHOLARSHIP PROGRAM
                                                                        
 16        33-5601.  SHORT  TITLE.  This  act  shall be known and cited as the "Idaho
 17    Opportunity Scholarship Act."
                                                                        
 18        33-5602.  LEGISLATIVE INTENT. It is the intent of the legislature to  cre-
 19    ate  a  scholarship  fund to provide financial resources to Idaho students who
 20    are economically disadvantaged to close the gap between the estimated cost  of
 21    attending  an  eligible Idaho institution of higher education and the expected
 22    student and family contribution toward such educational costs, and to  encour-
 23    age  the  educational  development  of  such  students in eligible Idaho post-
 24    secondary educational institutions.
                                                                        
 25        33-5603.  PURPOSES. The purposes of this chapter are to:
 26        (1)  Increase the opportunity for economically  disadvantaged  Idaho  stu-
 27    dents to attend postsecondary educational institutions within Idaho;
 28        (2)  Reduce  the  financial burden on eligible students and their families
 29    who want to attend  eligible  postsecondary  educational  institutions  within
 30    Idaho;
 31        (3)  Recognize the individual benefit of education to students and provide
 32    resources to finance their postsecondary education;
 33        (4)  Recognize that all Idaho citizens benefit from an educated citizenry,
 34    and provide funding to assist with educational costs of participants; and
 35        (5)  Increase individual economic vitality and improve the overall quality
 36    of life for many of Idaho's citizens.
                                                                        
 37        33-5604.  DEFINITIONS. As used in this chapter:
 38        (1)  "Educational  costs"  means  the dollar amount determined annually by
 39    the state board of education as necessary for student tuition, fees, room  and
                                                                        
                                       2
                                                                        
  1    board,  books  and  such other expenses reasonably related to attendance at an
  2    eligible Idaho postsecondary educational institution.
  3        (2)  "Eligible Idaho postsecondary educational institution" means:
  4        (a)  A public postsecondary organization governed  or  supervised  by  the
  5        state  board,  the board of regents of the university of Idaho, a board of
  6        trustees of a community college established pursuant to the  provisions of
  7        chapter 21, title 33, Idaho Code, or the  state  board  for  professional-
  8        technical education; or
  9        (b)  Any educational organization located in Idaho which is:
 10             (i)   Operated privately;
 11             (ii)  Classified as not-for-profit under the Idaho Code;
 12             (iii) Under the control of an independent board and not directly con-
 13             trolled or administered by a public or political subdivision; and
 14             (iv)  Accredited by an organization recognized by the state board, as
 15             provided in section 33-2402, Idaho Code.
 16        (3)  "Eligible student" means a student who:
 17        (a)  Is an Idaho resident;
 18        (b)  Has  or will graduate from an accredited high school or equivalent in
 19        Idaho as determined by the state board;
 20        (c)  Has enrolled or applied as a full-time student to an  eligible  Idaho
 21        postsecondary educational institution; and
 22        (d)  Is pursuing an undergraduate degree, certificate or diploma.
 23        (4)  "Financial  eligibility"  means the extent of a person's inability to
 24    meet the educational costs associated with attending an eligible  Idaho  post-
 25    secondary  educational  institution  through a model of shared responsibility,
 26    taking into account the required and expected contributions of  such  person's
 27    parents, family and personal resources.
 28        (5)  "Opportunity  scholarship  program"  means  the  scholarship  program
 29    described in this chapter and in the rules established by the state board.
 30        (6)  "State board" means the state board of education.
                                                                        
 31        33-5605.  ACADEMIC  AND  FINANCIAL ELIGIBILITY. The state board shall pro-
 32    mulgate rules by August 1, 2007, to determine academic and financial eligibil-
 33    ity consistent with this section for the purpose of awarding the Idaho  oppor-
 34    tunity scholarship.
                                                                        
 35        33-5606.  APPLICATION  PROCESS. (1) The state board shall promulgate rules
 36    by August 1, 2007, to establish a process and application  form  for  eligible
 37    students to apply for an opportunity scholarship.
 38        (2)  When  applying  for  an  opportunity  scholarship an eligible student
 39    must:
 40        (a)   Apply or have applied for federal and state student financial assis-
 41        tance available to an eligible student who will attend, or is enrolled  in
 42        an eligible Idaho postsecondary educational institution;
 43        (b)  Submit  to  the  state board all of the information and documentation
 44        required to demonstrate his or her financial eligibility under this  chap-
 45        ter,  and  any  other  information  and  documentation the state board may
 46        require to determine the applicant's eligibility for an opportunity schol-
 47        arship under this chapter; and
 48        (c)  Meet any other minimum criteria established by  the  state  board  in
 49        rule.
                                                                        
 50        33-5607.  SELECTION  PROCESS  --  AMOUNT  OF AWARDS -- CONDITIONS. (1) The
 51    state board shall promulgate rules by August 1,  2007,  consistent  with  this
 52    section, to determine:
                                                                        
                                       3
                                                                        
  1        (a)  How  eligible students will be selected to receive the Idaho opportu-
  2        nity scholarship; and
  3        (b)  When the scholarship award will occur.
  4        (2)  Funds that are available  for  the  opportunity  scholarship  program
  5    shall  be  used  to  provide scholarships based on a sharing of responsibility
  6    between the scholarship recipient and his or her family, the  federal  govern-
  7    ment  and  the participating eligible Idaho postsecondary educational institu-
  8    tion that the recipient attends for covering the educational costs for  atten-
  9    dance.
 10        (3)  The  opportunity scholarship award shall not exceed the actual educa-
 11    tional costs at the eligible Idaho postsecondary educational institution  that
 12    the  student  attends. The amount of scholarship for attendance on a full-time
 13    basis shall not exceed the recognized educational costs, after  deducting  the
 14    following:
 15        (a)  The assigned student/family responsibility, in an amount to be deter-
 16        mined by the state board; and
 17        (b)  The  amount  of  any  other  public or private scholarships or grants
 18        which the applicant receives.
 19        (4)  Any scholarship awarded under  this  chapter  shall  not  exceed  the
 20    equivalent  of  eight  (8)  semesters  or  the equivalent of four (4) academic
 21    years. An eligible Idaho postsecondary educational  institution  participating
 22    in  this  program shall be required to submit statements of continuing student
 23    eligibility to the state board, which shall include verification that the stu-
 24    dent is still enrolled, attending full time, maintaining satisfactory academic
 25    progress and has not exceeded the award eligibility terms.
 26        (5)  Grant payments shall correspond to academic terms,  semesters,  quar-
 27    ters or equivalent time periods at an eligible Idaho postsecondary educational
 28    institution.  In no instance may the entire amount of a grant be paid to or on
 29    behalf of such student in advance.
 30        (6)  If an eligible student, scholarship applicant or scholarship  recipi-
 31    ent  becomes  ineligible to participate in the opportunity scholarship program
 32    under this chapter or the rules established by the state board, then the  eli-
 33    gible  student  may  reapply  at any time for further consideration under this
 34    chapter.
 35        (7)  If an eligible student becomes ineligible  for  a  scholarship  under
 36    this  chapter,  or  if a student discontinues attendance before the end of any
 37    semester, quarter, term or equivalent, covered by the  grant  after  receiving
 38    payment  under  this  chapter,  the  eligible  Idaho postsecondary educational
 39    institution shall remit, up to the amount of  any  payments  made  under  this
 40    grant,  any  prorated  tuition,  fees  or room and board balances to the state
 41    board. The student shall be required to remit, up to the amount of  any  other
 42    reasonable  grant  balances,  such  grant balances to the state board.  In the
 43    event of extreme hardship as determined by the  state  board,  a  student  may
 44    request waiver of remittance.
                                                                        
 45        33-5608.  OPPORTUNITY  SCHOLARSHIP  PROGRAM  ACCOUNT.  (1) There is hereby
 46    created an account in the state treasury to  be  designated  the  "opportunity
 47    scholarship program account."
 48        (2)  The  account  shall  consist of moneys appropriated to the account by
 49    the  legislature, moneys contributed to the account from  other  sources,  and
 50    the  earnings  on  such moneys.  The executive director of the state board may
 51    receive on behalf of the state board any moneys or real or  personal  property
 52    donated,  bequeathed,  devised or conditionally granted to the state board for
 53    purposes of providing funding for such account. Moneys  received  directly  or
 54    derived  from  the sale of such property shall be deposited by the state trea-
                                                                        
                                       4
                                                                        
  1    surer in the account.
  2        (3)  Earnings from moneys in the account or specified gifts shall be  dis-
  3    tributed  annually to the state board to implement the opportunity scholarship
  4    program as provided for under this chapter.
  5        (4)  All moneys placed in the account and earnings thereon are hereby per-
  6    petually appropriated to the state board for the purpose described in  subsec-
  7    tion  (3) of this section. All expenditures from the account shall be paid out
  8    in warrants drawn by the state controller  upon  presentation  of  the  proper
  9    vouchers.   Up to five percent (5%) of the annual earnings distribution to the
 10    state board, but not to exceed seventy-five thousand dollars ($75,000), may be
 11    used by the state board annually  for  administrative  costs  related  to  the
 12    implementation of the provisions of this chapter.
 13        (5)  Allowable administrative costs include, but are not limited to, oper-
 14    ating expenses for the implementation and maintenance of a database, operating
 15    expenses  to  administer  the program, personnel costs necessary to administer
 16    the program and costs related to promoting awareness of the program.
 17        (6)  Pending use, surplus moneys in the account shall be invested  by  the
 18    state  treasurer  in  the same manner as provided under section 67-1210, Idaho
 19    Code. Interest earned on the investments shall be returned to the account.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                             RS 17067

The purpose of this legislation is to create a scholarship fund
to be administered by the Idaho State Board of Education for post
secondary education.  This scholarship fund will be used to
provide "last dollar" financial resources to eligible Idaho
students who are economically disadvantaged.

The goal of this bill is to provide an opportunity for
academically qualified and economically challenged Idaho students
to obtain a post secondary education by reducing the financial
burdens associated with that education.


                           FISCAL NOTE

There is no impact to the General Fund. 







Contact
Name: David Hensley/Karen McGee, Office of the Governor 
Phone: 334 2100

Representatives Nonini, Shirley, Trail, Bradford, Block,
Snodgrass, Patrick, Chadderdon, Mathews, Jaquet, Boe, Pence,
Chavez, Durst, Shively, Bock, Chew, Henbest, Killen, King,
LeFavour, Pasley-Stuart, Ringo, Ruchti, Rusche, Sayler,
Shepherd(2)  

Senators Andreason, Bastian, Schroeder, Stennett, Coiner,
Malepaeai, Gannon, McGee


STATEMENT OF PURPOSE/FISCAL NOTE                         H 217