Bill Summary – FastDemocracy

Enrolled Copy                                                                        S.B. 162
            EDUCATIONAL FINANCIAL AID FOR STUDENTS WITH A
                                        CRIMINAL RECORD
                                       2020 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Todd Weiler
                               House Sponsor: Melissa G. Ballard
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 LONG TITLE
 General Description:
        This bill amends qualifications for the Regents' Scholarship Program and New Century
 scholarships.
 Highlighted Provisions:
        This bill:
        < removes the restriction on eligibility for the Regents' Scholarship Program and New
 Century scholarships for students with a criminal record.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53B-8-105, as last amended by Laws of Utah 2019, Chapter 444
        53B-8-203, as renumbered and amended by Laws of Utah 2017, Chapter 386
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53B-8-105 is amended to read:
        53B-8-105. New Century scholarships -- High school requirements.
        (1) As used in this section:
        (a) "Complete the requirements for an associate degree" means that a student:
       S.B. 162                                                                       Enrolled Copy
        (i) (A) completes all the required courses for an associate degree from a higher
 education institution within the state system of higher education that offers associate degrees;
 and
        (B) applies for the associate degree from the institution; or
        (ii) completes equivalent requirements described in Subsection (1)(a)(i)(A) from a
 higher education institution within the state system of higher education that offers
 baccalaureate degrees but does not offer associate degrees.
        (b) "Fee" means a fee approved by the board.
        (2) (a) The board shall award New Century scholarships.
        (b) The board shall develop and approve the math and science curriculum described
 under Subsection (3)(a)(ii).
        (3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
 shall complete the requirements for an:
        (i) associate degree; or
        (ii) approved math and science curriculum.
        (b) The requirements under Subsection (3)(a) shall be completed:
        (i) by the day on which the student's class graduates from high school; and
        (ii) with at least a 3.0 grade point average.
        (c) In addition to the requirements in Subsection (3)(a), a student in Utah shall:
        (i) complete the high school graduation requirements of:
        (A) a public high school established by the State Board of Education and the student's
 school district or charter school; or
        (B) a private high school in the state that is accredited by a regional accrediting body
 approved by the board; and
        (ii) complete high school with at least a 3.5 cumulative high school grade point
 average.
        (4) Notwithstanding Subsection (3), for a student who does not receive a high school
 grade point average, the student shall:
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       Enrolled Copy                                                                            S.B. 162
        (a) complete the requirements for an associate degree:
        (i) by June 15 of the year the student completes high school; and
        (ii) with at least a 3.0 grade point average; and
        (b) score a composite ACT score of 26 or higher.
        (5) To be eligible for the scholarship, a student:
        (a) shall submit an application to the board with:
        (i) an official college transcript showing college courses the student has completed to
 complete the requirements for an associate degree; and
        (ii) (A) if applicable, an official high school transcript; or
        (B) if applicable, a copy of the student's ACT scores;
        (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
 federal student aid; and
        [(c) may not have a criminal record, with the exception of a misdemeanor traffic
 citation; and]
        [(d)] (c) if applicable, shall meet the application deadlines as established by the board
 under Subsection (10).
        (6) (a) The scholarship may be used at a:
        (i) higher education institution within the state system of higher education that offers
 baccalaureate programs; or
        (ii) if the scholarship holder applies for the scholarship on or before October 1, 2019,
 private, nonprofit college or university in the state accredited by the Northwest Association of
 Schools and Colleges that offers baccalaureate programs.
        (b) (i) Subject to Subsection (6)(e), the total value of the scholarship is up to $5,000,
 allocated over a time period described in Subsection (6)(c), as prescribed by the board.
        (ii) The board may increase the scholarship amount described in Subsection (6)(b)(i)
 by an amount not to exceed the average percentage tuition increase approved by the board for
 institutions in the state system of higher education.
        (c) The scholarship is valid for the shortest of the following time periods:
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        S.B. 162                                                                        Enrolled Copy
        (i) two years of full-time equivalent enrollment;
        (ii) 60 credit hours; or
        (iii) until the student meets the requirements for a baccalaureate degree.
        (d) (i) A scholarship holder shall enroll full-time at a higher education institution by no
 later than the fall term immediately following the student's high school graduation date or
 receive an approved deferral from the board.
        (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
 scholarship holder may only receive scholarship money within five years of the student's high
 school graduation date.
        (e) For a scholarship for which a student applies after October 1, 2019:
        (i) the board shall reduce the amount of the scholarship holder's scholarship so that the
 total amount of state aid awarded to the scholarship holder, including tuition or fee waivers or
 the scholarship, does not exceed the cost of the scholarship holder's tuition and fees; and
        (ii) the scholarship holder may only use the scholarship for tuition and fees.
        (7) The board may cancel a New Century scholarship at any time if the student fails to:
        (a) register for at least 15 credit hours per semester;
        (b) maintain a 3.3 grade point average for two consecutive semesters; or
        (c) make reasonable progress toward the completion of a baccalaureate degree.
        (8) (a) Subject to future budget constraints, the Legislature shall make an annual
 appropriation from the General Fund to the board for the costs associated with the New
 Century Scholarship Program authorized under this section.
        (b) It is understood that the appropriation is offset in part by the state money that would
 otherwise be required and appropriated for these students if they were enrolled in a four-year
 postsecondary program at a state-operated institution.
        (c) Notwithstanding Subsections (2)(a) and (6), if the appropriation under Subsection
 (8)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
 the board may reduce the scholarship amount.
        (d) If money appropriated under this section is available after New Century
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        Enrolled Copy                                                                              S.B. 162
 scholarships are awarded, the board shall use the money for the Access Utah Promise
 Scholarship Program created in Section 53B-8-302.
         (9) (a) The board shall adopt policies establishing an application process and an appeal
 process for a New Century scholarship.
         (b) The board shall disclose on all applications and related materials that the amount of
 the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
         (c) The board shall require an applicant for a New Century scholarship to certify under
 penalty of perjury that:
         (i) the applicant is a United States citizen; or
         (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
         (d) The certification under this Subsection (9) shall include a statement advising the
 signer that providing false information subjects the signer to penalties for perjury.
         (10) The board may set deadlines for receiving New Century scholarship applications
 and supporting documentation.
         (11) A student may not receive both a New Century scholarship and a Regents'
 scholarship established in Part 2, Regents' Scholarship Program.
         Section 2. Section 53B-8-203 is amended to read:
         53B-8-203. Regents' Scholarship Program -- Base Regents' scholarship --
 Qualifications -- Application.
         (1) This section only applies to a student who graduates from high school on or before
 July 1, 2018.
         (2) A student qualifies for a Base Regents' scholarship if the student:
         (a) completes the high school graduation requirements of:
         (i) a public school established by the State Board of Education and the student's school
 district or charter school; or
         (ii) a private high school in the state that is accredited by a regional accrediting body
 approved by the board;
         (b) completes high school with at least a 3.0 cumulative grade point average;
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        S.B. 162                                                                       Enrolled Copy
        (c) has at least one reported ACT test score; and
        (d) (i) completes the following high school or college credit in grades 9 through 12:
        (A) four units of credit of English;
        (B) four units of credit of mathematics;
        (C) three and one-half units of credit of social science;
        (D) three units of credit of lab-based natural science; and
        (E) two units of credit of sequential world or classical language other than English; and
        (ii) except as provided in Subsection (5), earns a course grade on a transcript of "C" or
 above in each individual course listed in Subsection (2)(d)(i).
        (3) The board shall establish policies to determine specific courses that meet the
 requirements under Subsection (2)(d)(i).
        (4) To be eligible for the scholarship, a student:
        (a) shall submit an application to the board with:
        (i) a copy of the student's official high school transcript and ACT scores; and
        (ii) if applicable, a college transcript showing a college course the student has
 completed to meet the requirements of Subsection (2)(d);
        (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
 federal student aid; and
        [(c) may not have a criminal record, with the exception of a misdemeanor traffic
 citation; and]
        [(d)] (c) if applicable, shall meet the application deadlines as established by the board
 under Subsection 53B-8-202(10).
        (5) For purposes of determining if a student meets the grade requirements of
 Subsection (2)(d)(ii), the board shall assign additional weights to grades earned in courses
 described in Subsection (2)(d)(i) that are advanced placement, concurrent enrollment, or
 International Baccalaureate program courses.
        (6) (a) The amount of the Base Regents' scholarship is $1,000.
        (b) The board may adjust the amount of the Base Regents' scholarship by up to a
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        Enrolled Copy                                                                             S.B. 162
 percentage of the average percentage tuition increase approved by the board for institutions in
 the system of higher education.
        (7) (a) The board shall require an applicant for a Regents' scholarship to certify under
 penalty of perjury that:
        (i) the applicant is a United States citizen; or
        (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
        (b) The certification under this Subsection (7) shall include a statement advising the
 signer that providing false information subjects the signer to penalties for perjury.
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Statutes affected: 
Introduced: 53B-8-105, 53B-8-203
Enrolled: 53B-8-105, 53B-8-203