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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
]]]] 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.
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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