Bill Summary – FastDemocracy

COUNCIL OF THE DISTRICT OF COLUMBIA

                             The John A. Wilson Building

                            1350 Pennsylvania Avenue, nw

                               Washington, D.C. 20004

Christina Henderson                                              Committee Member

Councilmember, At-Large                                          Hospital and Health Equity

Chairperson, Committee on Health                                 Judiciary and Public Safety

                                                                 Transportation and the Environment

                                  Statement of Introduction

                            DC ACHIEVES Establishment Act of 2023

                                       January 27, 2023

 Today, I am introducing the DC Advancing College Hopes for Immigrants’ Education and

 Vocational Enrichment Scholarship (DC ACHIEVES) Establishment Act of 2023, along with

 Councilmembers Charles Allen, Janeese Lewis George, Brianne K. Nadeau, Zachary Parker, Trayon

 White, Sr., Kenyan R. McDuffie, and Brooke Pinto.

 I am committed to ensuring that one’s zip code not determine an individual’s opportunity for

 success, and this includes supporting all District of Columbia students in their pursuit of higher

 education. To this end, I introduced the New Student Loan Borrower Bill of Rights Amendment

 Act of 2023 to ensure that our students who pursue higher educations are equipped for the financial

 challenges they may face. The DC ACHIEVES Establishment Act will further the District’s

 commitment to meet all students’ needs.

 The DC ACHIEVES Establishment Act of 2023 requires that the Mayor establish a non-lapsing

 fund to support the DC ACHIEVES program. The program will provide grants to undocumented

 District students for tuition and non-tuition expenses not covered by other non-loan assistance. DC

 ACHIEVES participants must graduate from a District school, have attended school in the District

 for grades 9-12, be enrolled in an institution of higher education on at least a half-time basis, be 24

 years old or younger, and be from a family with an annual household taxable income of no more

 than 200% of the median family income. District-based foster children attending school out of state

 due to their placement, and students who were homeschooled are also eligible. Scholarships are

 awarded on a sliding scale, and students must uphold District residency, maintain at least half-time

 enrollment, and demonstrate satisfactory academic progress to sustain program eligibility.

 In 2014, the Council unanimously passed the DC Promise Establishment Act, which would have

 provided up to $37,500 in tuition and non-tuition assistance to District students who met income

 and residency criteria. This law was never funded, in part because of the fear that funding DC

 Promise, which included undocumented students among the eligible beneficiaries, would cause the

 then-Republican-controlled Congress to eliminate the federally-funded DC Tuition Assistance Grant

 (DC TAG) program. DC TAG provides resources to DC students comparable to those that state

 governments offer to their students. However, because DC TAG and the District’s laws are subject

 to Congressional approval, undocumented students who lack lawful status in the United States have

 been excluded. Undocumented students who achieve success in high school and work to pursue

 postsecondary education should not be denied the opportunity to continue their educational

 pursuits.

                       COUNCIL OF THE DISTRICT OF COLUMBIA

                            The John A. Wilson Building

                           1350 Pennsylvania Avenue, nw

                              Washington, D.C. 20004

Higher education is often priced as if it were a luxury good. This is nearly always true for low-

income students who lack citizenship in the United States. I believe that the Council can and should

provide financial assistance to our high-achieving undocumented students. I look forward to

working with my colleagues on the Council, the Chairman, and others to pass this legislation which

will help the District’s undocumented students meet their goals of higher education.

 _______________________________                            _______________________________

 Councilmember Charles Allen                                 Councilmember Christina Henderson

 3

 4

 _______________________________                            _______________________________

 Councilmember Janeese Lewis George                          Councilmember Brianne K. Nadeau

 7

 8

 _______________________________                            _______________________________

 Councilmember Zachary Parker                                Councilmember Trayon White, Sr.

11

12

13

 _______________________________                            _______________________________

 Councilmember Kenyan R. McDuffie                            Councilmember Brooke Pinto

16

17

18

                                              AN ACT

20

                                         _______________

22

23

                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

25

                                    _______________________

27

 To establish the DC Advancing College Hopes for Immigrants’ Education and Vocational

        Enrichment Scholarship (ACHIEVES) program to provide grants to institutions of higher

        education on behalf of District students without lawful status in the United States who are

        ineligible for federal student tuition assistance, to establish a nonlapsing fund to support

        the program, to establish eligibility criteria and conditions of participation, to establish

        grant award amounts, and to require the Mayor to issue rules to implement this act.

34

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the “DC ACHIEVES Establishment Act of 2023”.

        Sec. 2. Definitions.

        For the purposes of this act, the term:

        (1) “Academic year” shall have the same meaning as provided in 34 CFR § 668.3.

        (2) “Fund” means the DC ACHIEVES Fund established by section 4.

           (3) “Home school student” means a student in the District who is participating or has

 participated in a home schooling program that meets the requirements set forth in District law

 and regulation.

           (4) “Institution of higher education” means an educational institution that:

                   (A) Admits as regular students persons having a certificate of graduation

 from a school providing secondary education, or the recognized equivalent of a secondary school

 diploma;

                   (B) Is legally authorized within a state to provide a program of education beyond

 secondary education;

                   (C) Provides:

                          (i) An educational program for which the institution awards a bachelor's

 degree;

                          (ii) or provides not less than a 2-year program that is acceptable for full

 credit toward such a degree; or

                          (iii) Not less than a one-year program of training to prepare students for

 gainful employment in a recognized occupation;

                   (D) Is a public or private nonprofit institution; and

                   (E) Is accredited by a nationally recognized accrediting agency or association, or

 if not so accredited, is an institution that has been granted pre-accreditation status by such an

 agency or association that has been recognized by the Secretary of Education of the United

 States Department of Education for the granting of pre-accreditation status, and the Secretary of

 Education has determined that there is satisfactory assurance that the institution will meet the

 accreditation standards of such an agency or association within a reasonable time.

         (5) “Median Family Income” or “MFI” means the median family income, adjusted for

 household size, for the Washington Metropolitan Statistical Area as set forth in the periodic

 calculation provided by the United States Department of Housing and Urban Development.

         (6) “Non-tuition expenses” means costs associated with attending an institution of higher

 education, excluding tuition and fees, as determined by the Mayor through rulemaking.

         (7) “Recognized equivalent of a secondary school diploma” means a general equivalency

 degree or other such equivalent as determined by the Mayor through rulemaking.

         (8) “Satisfactory academic progress” means maintaining an academic standing consistent

 with the requirements for graduation, as determined by the institution of higher education;

 provided, that an institution of higher education may waive this requirement based on undue

 hardship because a student has:

                 (A) Experienced the death of a relative;

                 (B) A personal injury or illness; or

                 (C) Another special circumstance as determined by the institution of

 higher education to warrant a waiver.

         (9) “Student without lawful status in the United States” means a student who is not a

 citizen of the United States and who is not eligible to receive federal student tuition loans and

 grants due to their status.

         Sec. 3. DC ACHIEVES program establishment; administration.

         (a) There is established the DC ACHIEVES program (“program"). The purpose of the

 program is to assist students without lawful status in the United States who are ineligible for

 federal tuition loan and grant programs in obtaining post-secondary education or training by

 providing grants to institutions of higher education to support the costs associated with tuition

 and non-tuition expenses not covered by other non-loan assistance.

        (b)(1) Except as provided in paragraph (2) of this subsection, the Mayor shall administer

 the DC ACHIEVES program.

           (2) If the Mayor determines that it would result in more efficient administration, the

 Mayor may enter into a grant, contract, or cooperative agreement with another public entity or

 with a private entity to administer the program; provided, that the entity selected has a minimum

 of 5 years of experience in the administration of a college scholarship program.

        Sec. 4. DC ACHIEVES Fund.

        (a)(1) There is established as a special fund the DC ACHIEVES Fund (“Fund”), which

 shall be administered by the Mayor in accordance with subsections (c) and (d) of this section.

        (b) The Fund shall consist of revenue from the following sources:

                (1) Annual appropriations, if any; and

                (2) Grants, gifts, or subsidies from public or private sources.

        (c) Except as provided in subsection (d) of this section, the Fund shall be used solely for

 the purposes of this act.

        (d) The Mayor may use not more than 5% of the funds deposited into the Fund to pay the

 administrative expenses of the program for the fiscal year.

        (e)(1) The money deposited in the Fund, and any interest earned, shall not revert to the

 unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal

 year, or at any other time.

           (2) Subject to authorization in an approved budget and financial plan, any funds

 appropriated in the Fund shall be continually available without regard to fiscal year limitation.

        Sec. 5. Eligibility.

        (a) An individual is eligible to participate in the DC ACHIEVES program if the

 individual:

                (1) On or after January 1, 2024:

                        (A) Has graduated from a District secondary school;

                        (B) Has obtained a recognized equivalent of a secondary school diploma;

                        (C) Is a home school student who has completed a secondary school

 program;

                (2) Except as provided in subsection (c) of this section, has attended a District

 secondary school for grades 9 through 12;

                (3) Has not already completed a bachelor’s degree at an institution of higher

 education;

                (4) Has been accepted for enrollment on at least a half-time basis into an

 institution of higher education;

                (5) Was domiciled in the District for not less than the 12 consecutive months

 preceding the commencement of enrollment at an institution of higher education or the time of

 application to the DC ACHIEVES program; and

                (6) At the time of application to the program is:

                        (A) Domiciled in the District;

                        (B) 24 years old or younger;

                        (C) From a family with an annual household taxable income of no more

 than 200% of the MFI;

                        (D) Is a student without lawful status in the United States; and

                        (E) intends to apply to an institution of higher education on at least a half-

 time basis;

        (b) In addition to the eligibility requirements set forth in subsection (a) of this section, an

 individual must begin at least half-time study at an institution of higher education within 3

 calendar years of graduating from a secondary school in the District, obtaining the recognized

 equivalent of a secondary school diploma, or, in the case of a home school student, completing a

 secondary school program, excluding any period of service on active duty in the armed forces or

 service under the Peace Corps Act, approved September 22, 1961 (75 Stat. 612; 22 U.S.C. §

 2501 et seq.), or subtitle D of title I of the National and Community Service Act of 1990,

 approved November 16, 1990 (104 Stat. 3150; 42 U.S.C. § 12501, note).

        (c) An individual who receives a recognized equivalent of a secondary school diploma or

 who is a home school student who has completed a secondary school program shall be exempt

 from the requirement of subsection (a)(2) of this section; provided, that the Mayor may establish

 through rulemaking an alternative eligibility requirement for these individuals in lieu of the

 requirement set forth in subsection (a)(2) of this section.

        (d) Notwithstanding the requirements of subsection (a)(1)(A), (2), (5) and (6)(A), an

 individual in the District’s foster care system who was placed outside the District by the foster

 care system who meets the eligibility requirements of subsection (a)(1)(B), (3), (4), (6)(B), (C),

 and (D) of this section shall be deemed eligible to participate in the DC ACHIEVES program.

        (e) Subject to the availability of funds, the Mayor may expand by rulemaking eligibility

 for the program to include individuals not eligible under the terms of this section.

        Sec. 6. Conditions of participation.

        (a) As a condition of participation, the Mayor shall create an application that will

 determine program eligibility.

        (b) To maintain eligibility for the DC ACHIEVES program, an individual shall:

                (1) Maintain at least half-time-status at an institution of higher education;

                (2) Maintain satisfactory academic progress at the institution of higher education;

                (3) Continue to be domiciled in the District of Columbia throughout attendance at

 the institution of higher education; and

        (4) Meet any other requirements determined by the Mayor to be necessary or appropriate,

 as set forth in rulemaking.

        Sec. 7. DC ACHIEVES grants.

         (a) The maximum grant award available through the DC ACHIEVES program for an

 individual from a family that has an annual household taxable income:

                (1) Of no more than 80% of the MFI, shall be $16,500 for any academic year with

 a lifetime total of not more than $82,500;

                (2) Greater than 80% but less than or equal to 125% of the MFI, shall be $14,000

 for any academic year with a lifetime total of not more than $70,000; and

                (3) Greater than 125% of the MFI but less than or equal to the maximum eligible

 income as set forth in regulations issued pursuant to this act, shall be $11,500 for any academic

 year with a lifetime total of not more than $57,500.

        (b) In addition to the maximum grant awards set forth in subsection (a) of this section, up

 to $10,000 per academic year may be made available for a program participant who has been in

 the District’s foster care system.

        (c) No grant award shall be made available to an institution of higher education on behalf

 of a DC ACHIEVES participant more than 6 years from the date the individual was first enrolled

 in the institution of higher education. A DC ACHIEVES participant shall be eligible for DC

 ACHIEVES grant award for no more than 5 academic years.

        (d) The Mayor shall prorate program grant awards for students who attend an eligible

 institution on less than a full-time basis; provided, that no grant award shall be available for a

 student who attends an eligible institution of higher education on less than a half-time basis.

        (e)(1) A DC ACHIEVES grant awarded on behalf of a DC ACHIEVES program

 participant shall be provided directly to the institution of higher education the program

 participant is attending to be used as follows:

                (A) The DC ACHIEVES grant shall be used to pay costs associated with tuition,

 fees, books and materials, room and board, and other non-tuition expenses that have not been

 satisfied by any:

                        (i) Need-based or merit-based grants from the institution of higher

 education;

                        (ii) Scholarships;

                        (iii) Tuition or fee waivers;

                        (iv) Tuition remission that could only be used for tuition; and

                        (v) Other non-loan assistance.

        (2) If the participant’s eligible costs are satisfied by non-loan assistance, a DC

 ACHIEVES grant shall not be available for the period financed by the non-loan assistance.

        (f) A DC ACHIEVES grant shall, in all cases, supplement and not supplant non-loan

 assistance that is provided to a DC ACHIEVES program participant.

        (g) The Mayor, in accordance with regulations issued pursuant to this act, may reduce

 grant awards if funds available to the program are insufficient to meet the award levels

 established in this section and to prohibit an institution of higher education from receiving DC

 ACHIEVES grants based on a pattern of academic failure of program participants.

        Sec. 8. Adult education.

        (a) In addition to the grant awards available pursuant to section 7, the Mayor shall:

                (1) Establish a grant award program within the DC ACHIEVES program to

 support post-secondary education and training opportunities for individuals who exceed the

 maximum eligibility age established in section 5(a)(6)(B); and

                (2) By January 1, 2024 establish eligibility criteria and award levels for this

 program through rulemaking.

        (b) The Mayo