2008 Legislation
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HOUSE BILL NO. 503<br /> – Key to the Future Scholarships


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Bill Status

H0503..........................................................by EDUCATION
SCHOLARSHIPS - Adds to existing law to provide eligibility criteria for Key
to the Future Scholarships for students; to provide that Key to the Future
students shall remain drug, alcohol and tobacco free; to provide
procedures; and to provide the amount and length of the award for Key to
the Future students.

02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Educ
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 55-14-1
      AYES -- Anderson, Bayer, Bell, Bilbao, Black, Block, Bock, Boe, Bolz,
      Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins, Crane,
      Durst, Hagedorn, Henbest, Henderson, Jaquet, Killen, King, Kren,
      Labrador, LeFavour, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
      Nonini, Pasley-Stuart, Pence, Roberts, Ruchti, Rusche, Sayler,
      Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
      Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
      Woude, Wills, Wood(27), Wood(35)
      NAYS -- Andrus, Barrett, Bedke, Clark, Eskridge, Hart, Harwood, Lake,
      Loertscher, Luker, Moyle, Raybould, Ringo, Mr. Speaker
      Absent and excused -- Patrick
    Floor Sponsor - Block
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 503

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
 10        REPORTS.

 11    Be It Enacted by the Legislature of the State of Idaho:

 12        SECTION  1.  That  Chapter  43,  Title 33, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 33-4316, Idaho Code, and to read as follows:

 15        33-4316.  KEY TO THE FUTURE SCHOLARSHIP. (1) The purpose of the pilot pro-
 16    gram  key to the future scholarship is to encourage students to be drug, alco-
 17    hol and tobacco free. The key to the future scholarship shall be available  to
 18    eligible students as provided herein as of May 1, 2011. To implement this sec-
 19    tion, the state board of education shall select one (1) large school district,
 20    one (1) medium sized school district and one (1) small school district to par-
 21    ticipate.  All  students  who  are  enrolled as eleventh graders in a selected
 22    school district  on and after September 1, 2009, or who are receiving compara-
 23    ble instruction in a home-based setting within a selected school district must
 24    comply with the provisions of this section in order  to  be  eligible  for  an
 25    award  of  a  key  to the future scholarship. In order to receive a key to the
 26    future scholarship, the student, the student's parent(s), guardian  or  custo-
 27    dian  and  a  representative  of the school district or secondary school shall
 28    complete an agreement with a participating local school district or  secondary
 29    school  or,  if  the student receives instruction in a home-based setting, the
 30    agreement shall be submitted to the office of the state board of education  on
 31    a form that is approved by the state board of education. The form will outline
 32    the  terms  and  conditions  to which the student and the student's parent(s),
 33    guardian or custodian must adhere as a condition of being eligible to  receive
 34    a key to the future scholarship. At a minimum, the agreement shall include the
 35    requirement  that  the student agrees to be drug, alcohol and tobacco free for
 36    the entire calendar year, and for the duration of the  student's  high  school
 37    age  years, and that the student agrees to voluntarily participate in a random
 38    drug testing program as outlined by the board of  trustees  or  the  governing
 39    board of the secondary school or, if the secondary school does not have a drug
 40    testing  program, to have a licensed physician or hospital conduct the test or
 41    tests. The boards of trustees of those school districts choosing  to  partici-
 42    pate  in this program shall adopt a random drug testing policy which describes
 43    the procedures to be followed in the district including, but not  limited  to,


  1    the following: payment options for the testing, confidentiality, interventions
  2    to  be  made  available,  and  a  retesting/appealing provision. A conviction,
  3    guilty plea, or withheld judgment for any offense relating to  drugs,  alcohol
  4    or  tobacco shall be the same as failing a drug test for purposes of this sec-
  5    tion.
  6        (2)  Qualification for a key to the future scholarship is determined  dur-
  7    ing  the secondary school years. Beginning in the eleventh grade,  the student
  8    shall participate  successfully in the secondary school key to the future pro-
  9    gram to qualify for the key to  the  future  scholarship  in  a  postsecondary
 10    institution.
 11        (3)  A  school  district shall apply to the state board of education if it
 12    wishes to be a selected district for the key to the future scholarship. A stu-
 13    dent receiving key to the future scholarship  funds  is  expected  to   remain
 14    drug,  alcohol  and  tobacco  free  during  the  time of enrollment in a post-
 15    secondary institution. Award of this scholarship shall  not  require  drug  or
 16    alcohol  testing by the postsecondary institution. However, any student who is
 17    convicted of, pleads guilty to or receives a withheld judgment for any  viola-
 18    tion  related to drugs, alcohol or tobacco during that student's postsecondary
 19    institution years forfeits any future use of key  to  the  future  scholarship
 20    funds.  Students  shall  either  reapply annually, or as outlined in the post-
 21    secondary institution's scholarship policies for the key to the future  schol-
 22    arship,  and shall certify to the postsecondary institution that they have not
 23    been convicted of, pled guilty to or received  a  withheld  judgment  for  any
 24    violation  related to drugs, alcohol or tobacco during the immediately preced-
 25    ing twelve (12) month period.
 26        (4)  The grant for key to the future students is as follows:
 27        (a)  The grant payment to an individual per educational  year  for  atten-
 28        dance  on a full-time basis is not in excess of an amount determined annu-
 29        ally by the state board of education and the board of regents of the  uni-
 30        versity  of  Idaho  and is not to exceed one thousand dollars ($1,000) per
 31        year for the first two (2) years of college education,  not  to  exceed  a
 32        total  of  two  thousand dollars ($2,000) per student. Two hundred dollars
 33        ($200) per student who has applied for the scholarship shall  be  remitted
 34        to the participating school district.
 35        (b)  The total grant payments over a maximum period of two (2) educational
 36        years to an individual may not exceed two (2) grants per educational year.
 37        (c)  The individual receiving such a grant signs an affidavit stating that
 38        the  individual  shall  comply with all terms of the agreement provided in
 39        this section.
 40        (d)  The grant is awarded on the basis of a secondary school record  of  a
 41        2.5 grade point average out of 4.0 or an ACT composite score of 20 or bet-
 42        ter,  or  such  other criteria as may be established by the state board of
 43        education and the board of regents of the university of Idaho.
 44        (e)  The individual receiving the grant is not  precluded  from  receiving
 45        other financial aid, awards or scholarships.
 46        (f)  Grant  payments  shall correspond to academic terms, semesters, quar-
 47        ters or equivalent time periods at an eligible postsecondary  institution.
 48        In  no  instance may the entire amount of a grant for an educational year,
 49        as defined in subsection (7)(c) of this section, be paid on behalf of such
 50        student in advance. An institution where the student is enrolled may  uti-
 51        lize grant moneys for any educational related purpose.
 52        (g)  The  individual  has complied with such rules as may be necessary for
 53        the administration of this chapter.
 54        (h)  All eligible postsecondary institutions will report annually  to  the
 55        state  board  of  education  and the board of regents of the university of


  1        Idaho the number of students for each term receiving a grant award.
  2        (5)  The state board of education shall request  one-time  funding  on  an
  3    annual  basis  from the joint millennium fund committee in an amount necessary
  4    to fund the key to the future  scholarship.  If  funding  is  not  recommended
  5    either  in whole or in part by the joint millennium fund committee or if addi-
  6    tional funding is needed, the state board of  education  may  request  funding
  7    from the general fund.
  8        (6)  The  state board of education and the board of regents of the univer-
  9    sity of Idaho shall adopt rules to manage the key to the future  scholarships.
 10    If the total scholarship dollars awarded to a student exceeds the actual costs
 11    for  tuition,  fees, books, room and board per semester at the college or uni-
 12    versity, the excess money shall remain in the key to  the  future  scholarship
 13    fund.
 14        (7)  As used in this section, unless the context otherwise requires:
 15        (a)  "Drug"  means  a  substance  that  is  illegal to possess, consume or
 16        ingest and criminal penalties are provided for  possessing,  consuming  or
 17        ingesting  such  substance. "Drug" may also include a legal substance that
 18        is being used in an unlawful or illegal manner.
 19        (b)  "Educational costs" means student costs for tuition, fees,  room  and
 20        board,  or  expenses related to reasonable commuting, books and such other
 21        expenses reasonably related to attendance at a  postsecondary  educational
 22        institution.
 23        (c)  "Educational  year"  means the entire calendar year in which the stu-
 24        dent attends an eligible postsecondary institution.
 25        (d)  "Eligible postsecondary institution"  means  a  public  postsecondary
 26        organization  governed  or supervised by the state board of education, the
 27        board of regents of the university of Idaho, a board of trustees of a com-
 28        munity college established pursuant to the provisions of section  33-2106,
 29        Idaho Code, or the state board for professional-technical education or any
 30        educational  organization in Idaho which is operated privately and not for
 31        profit under the control of an independent board  and  not  directly  con-
 32        trolled or administered by a public or political subdivision.
 33        (e)  "Enrollment"   means   the   establishment   and  maintenance  of  an
 34        individual's status as a student in an eligible postsecondary institution,
 35        regardless of the term used at the institution to describe such status.
 36        (f)  "Student" means an individual resident student as defined in  section
 37        33-2110B or 33-3717B, Idaho Code, enrolled full time and carrying a suffi-
 38        cient  number  of  credit  hours,  or  their  equivalent,  to  secure  the
 39        individual's  first degree, certificate, diploma or lesser program, toward
 40        which the individual is working, in no more than the number of  semesters,
 41        or equivalent, normally required by the eligible postsecondary institution
 42        in  the program in which the individual is enrolled, and provided that the
 43        baccalaureate degree, certificate, diploma or lesser program  requires  at
 44        least  six  (6) months or the equivalent of consecutive attendance. A stu-
 45        dent engaged in a four (4) year baccalaureate program shall not be  termi-
 46        nated  from  this  scholarship  program  by  having earned an intermediate
 47        degree, certificate or diploma.

 48        SECTION 2.  The provisions of this act shall be null, void and of no force
 49    and effect on and after July 1, 2017.  The  State  Board  of  Education  shall
 50    report  annually  to the Legislature beginning in 2012 regarding the number of
 51    students who have availed themselves of the scholarship pursuant to this  act,
 52    where they are attending college and their academic achievement.

Statement of Purpose / Fiscal Impact

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                   STATEMENT OF PURPOSE

                          RS 17821

This legislation would create a new pilot Key to the Future 
Scholarship program for select Idaho high school students who are 
drug, alcohol and tobacco free.  The State Board of Education will 
select a large, medium and small school district to participate in 
this pilot program.  Students in these districts will sign an 
agreement that they will remain drug, alcohol and tobacco free during 
the 11th and 12th grade, and that they will voluntarily participate in a 
random drug testing program.  The pilot districts will receive $200 
for each student that applies for the scholarship to cover costs 
associated with administering the requirements of the program.  
Student eligibility also requires at least a 2.5 GPA or an ACT 
composite score of 20. The scholarship is $1,000 per year for the 
first two years for postsecondary education.  Students receiving the 
scholarship are expected to remain drug, alcohol and tobacco free 
during their time of enrollment in a postsecondary institution.  This 
enabling legislation, and the scholarship it creates, terminates by 
operation of law on July 1, 2017.

                        FISCAL IMPACT

The primary source of funds for this scholarship would be the 
Millennium Fund, and this legislation directs the State Board of 
Education to make annual application for said funds.  If, however, 
Millennium Funds are not forthcoming or are insufficient, the State 
Board of Education may request General Funds.  Estimated fiscal impact 
is as follows:

  Fiscal Year                   Awardee               Participating     TOTAL
(Academic Year)                 Academic     Annual      School        One-Time    
                    Awardees     Years       Award      Funding        Funding   

FY 10 (AY 2009-10)    N/A         N/A         N/A        $50,000       $50,000    

FY 11 (AY 2010-11)    N/A         N/A         N/A        $100,000      $100,000    

FY 12 (AY 2011-12)    500        09-10       $1,000      $100,000      $600,000   

FY 13 (AY 2012-13)   1,000       09-10,      $1,000      $100,000      $1,100,000   

FY 14 (AY 2013-14)   1,000       10-11,      $1,000      $50,000       $1,050,000   
FY 15 (AY 2014-15)   1,000       11-12,      $1,000        N/A         $1,000,000   

FY 16 (AY 2015-16)    500        12-13       $1,000        N/A         $500,000    

TOTAL                                                                  $4,400,000    

Fiscal Impact Assumptions:

1. Assumes all students who apply receive awards.  However, since 
participating school districts receive $200 (per student over two 
years) to cover the costs of administering the program, regardless of 
whether the student receives the scholarship, this estimate may be 

2. No high school juniors can earn scholarship eligibility in FY 2016, 
because the Key to the Future Scholarship terminates by operation of 
law on July 1, 2017.

3. First funding request to the Joint Millennium Fund Committee would 
be submitted in fall of 2008.

Name:   Rep. Block, Rep. Chavez, Rep. Nonini, Rep. Shirley, Rep. 
        Trail, Rep. Bradford, Rep. Nielsen, Rep. Wills, Rep. 
        Chadderdon, Rep. Shepherd, Rep. Marriott, Rep. Mortimer, 
        Rep. Patrick, Rep. Thayn, Rep. Boe, Rep. Pence, Sen. 
        Darrington, Sen. Cameron, Rep. Diana Thomas, Rep. Marv 
        Hagedorn, Rep. Frank Henderson, Rep. Russ Mathews, 
        Rep. JoAn Wood, Rep. Brent Crane

Phone:  332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                                         H 503   

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