First Substitute S.B. 180

Senator Lyle W. Hillyard proposes the following substitute bill:

1 REGENTS' SCHOLARSHIP PROGRAM
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lyle W. Hillyard
5 House Sponsor: Mark W. Walker
6
7 LONG TITLE
8 General Description:
9 This bill establishes the Regents' Scholarship Program to award merit scholarships to
10 students who complete a rigorous core course of study in high school.
11 Highlighted Provisions:
12 This bill:
13 . modifies New Century Scholarship provisions;
14 . establishes the Regents' Scholarship Program, including:
15 . a base scholarship and supplemental scholarship awards; and
16 . scholarship qualifications, amounts, and procedures;
17 . establishes a Regents' Diploma Endorsement;
18 . requires the State Board of Regents to make certain policies; and
19 . makes certain appropriations nonlapsing.
20 Monies Appropriated in this Bill:
21 This bill appropriates:
22 . for fiscal year 2008-09 only, $50,000,000 from the Education Fund to the State
23 Board of Regents; and
24 . as an ongoing appropriation subject to future budget constraints, $7,500,000 from
25 the Education Fund for fiscal year 2008-09 to the State Board of Regents.

26 Other Special Clauses:
27 This bill takes effect on July 1, 2008.
28 Utah Code Sections Affected:
29 AMENDS:
30 53B-8-105, as last amended by Laws of Utah 2006, Chapter 151
31 ENACTS:
32 53B-8-108, Utah Code Annotated 1953
33 53B-8-109, Utah Code Annotated 1953
34 53B-8-110, Utah Code Annotated 1953
35 53B-8-111, Utah Code Annotated 1953
36 53B-8-112, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53B-8-105 is amended to read:
40 53B-8-105. New Century scholarships -- High school requirements.
41 (1) (a) In addition to Centennial Scholarships awarded under Section 53A-15-102 and
42 Career Teaching Scholarships awarded under Title 53B, Chapter 10, Terrel H. Bell Teaching
43 Incentive Loan Program, the State Board of Regents and the State Board of Education shall
44 jointly award New Century scholarships.
45 (b) In order to qualify for a New Century scholarship, a student in Utah schools shall
46 complete the requirements for an:
47 (i) associate degree; or
48 (ii) approved math and science curriculum.
49 (c) The requirements under Subsection (1)(b) shall be completed:
50 (i) September 1 of the year the student's class graduates from high school; and
51 (ii) with at least a "B average" or 3.0 grade point average.
52 (d) The State Board of Regents shall develop and approve the math and science
53 curriculum described under Subsection (1)(b)(ii).
54 (2) (a) The scholarship may be used at [any] a:
55 (i) higher education institution within the state system of higher education that offers
56 baccalaureate programs; or

57 (ii) private, nonprofit college or university in the state accredited by the Northwest
58 Association of Schools and Colleges that offers baccalaureate programs.
59 (b) (i) If used at an institution within the state system of higher education, the
60 scholarship is equal in value to 75% of the tuition costs at the selected institution.
61 (ii) If used at an institution not within the state system of higher education, the
62 scholarship is equal in value to 75% of the tuition costs at the institution, not to exceed 75% of
63 the average tuition costs at the institutions referred in Subsection (2)(b)(i).
64 (c) Each scholarship is valid for up to two years of full-time equivalent enrollment, or
65 until the requirements for a baccalaureate degree have been met, whichever is shorter.
66 (d) The State Board of Regents may grant a leave of absence to a scholarship holder,
67 but the scholarship must be used in its entirety within five years after completion of high
68 school.
69 (3) The New Century scholarship may be canceled at any time by the institution of
70 attendance if the student fails to:
71 (a) maintain a "B average" for two consecutive semesters; or
72 (b) make reasonable progress towards the completion of a baccalaureate degree.
73 (4) (a) The Legislature shall make an annual appropriation from the General Fund to
74 the State Board of Regents for the costs associated with the New Century scholarship program
75 authorized under this section.
76 (b) It is understood that the appropriation is offset in part by the state moneys that
77 would otherwise be required and appropriated for these students if they were enrolled in a
78 four-year postsecondary program at a state-operated institution.
79 (c) Notwithstanding Subsections (1) and (2), if the appropriation under Subsection
80 (4)(a) is insufficient to cover the costs associated with the New Century scholarship program,
81 the State Board of Regents may limit or reduce scholarships.
82 (5) This section does not apply to a student who completes an associate of applied
83 technology degree from the Utah College of Applied Technology.
84 Section 2. Section 53B-8-108 is enacted to read:
85 53B-8-108. Regents' Scholarship Program -- General provisions -- Board policies.
86 (1) The Regents' Scholarship Program is created to award merit scholarships to
87 students who complete a rigorous core course of study in high school.

88 (2) A student who is awarded the Base Regents' Scholarship established in Section
89 53B-8-109 may also be awarded each of the supplemental awards established in Sections
90 53B-8-110 , 53B-8-111 , and 53B-8-112 .
91 (3) A Regents' Scholarship may only be used at a:
92 (a) higher education institution within the state system of higher education, including
93 the Utah College of Applied Technology;
94 (b) private, nonprofit college or university in this state that is accredited by the
95 Northwest Association of Schools and Colleges; or
96 (c) Western Undergraduate Exchange program that is approved by the board.
97 (4) (a) Except as provided in Subsection (4)(b), a scholarship holder shall enroll full
98 time at a higher education institution within the state system of higher education within 12
99 months of the student's high school graduation
100 (b) The State Board of Regents may grant a leave of absence to a scholarship holder,
101 but the scholarship shall be used in its entirety within five years after completion of high
102 school.
103 (5) (a) The board shall annually report on the Regents' Scholarship Program at the
104 beginning of each school year to the Education Interim Committee and the Higher Education
105 Appropriations Subcommittee.
106 (b) The report shall include the number of students in each school district and public
107 high school who meet the academic criteria for the Base Regents' Scholarship and for the
108 Exemplary Academic Achievement Scholarship.
109 (c) The State Board of Education, school districts, and public high schools shall
110 cooperate with the State Board of Regents to facilitate the collection and distribution of
111 Regents' Scholarship Program data.
112 (6) The State Board of Education shall annually provide the State Board of Regents a
113 complete list of directory information, including student name and address, for all grade 8
114 students in the state.
115 (7) The board shall, by July 15, 2008, adopt policies establishing:
116 (a) the high school and college course requirements, including group credit
117 requirements, described in Subsection 53B-8-109 (1)(e);
118 (b) the cumulative grade point average required in Sections 53B-8-109 and 53B-8-112 ;

119 (c) the additional weights assigned to grades earned in certain courses for purposes of
120 calculating a student's cumulative high school grade point average;
121 (d) the regional accrediting bodies that may accredit a private high school described in
122 Subsection 53B-8-109 (1)(a)(ii);
123 (e) the application process for a Regents' Scholarship, including procedures to allow a
124 parent or student to apply for the scholarship on-line; and
125 (f) Western Undergraduate Exchange programs that are approved for the use of a
126 Regents' Scholarship.
127 (8) (a) The Legislature shall make an annual appropriation from the Education Fund to
128 the State Board of Regents for the costs associated with the Regents' Scholarship Program
129 authorized under this section and Sections 53B-8-109 , 53B-8-110 , 53B-8-111 , and 53B-8-112 .
130 (b) Notwithstanding the provisions of this section and Sections 53B-8-109 , 53B-8-110 ,
131 53B-8-111 , and 53B-8-112 , if the appropriation under Subsection (8)(a) is insufficient to cover
132 the costs associated with the Regents' Scholarship Program, the State Board of Regents may
133 limit or reduce the Base Regents' Scholarships and supplemental awards.
134 Section 3. Section 53B-8-109 is enacted to read:
135 53B-8-109. Regents' Scholarship Program -- Base Regents' Scholarship --
136 Qualifications -- Application.
137 (1) A Base Regents' Scholarship shall be awarded to a student who, by September 1 of
138 the year the student's class graduates from high school:
139 (a) completes the high school graduation requirements of:
140 (i) a public school established by the State Board of Education and the student's school
141 district or charter school; or
142 (ii) a private high school in the state that is accredited by a regional accrediting body
143 approved by the board;
144 (b) passes the basic skills competency test established in Section 53A-1-611 ;
145 (c) completes high school with a minimum cumulative weighted grade point average
146 determined by the board's policies;
147 (d) has at least one reported ACT test score; and
148 (e) completes:
149 (i) at least 22 units of core high school credit in grades 9-12, with no individual core

150 course grade below a "C", including credit subtotals required by the board from each of the
151 following groups:
152 (A) English;
153 (B) algebra or higher mathematics;
154 (C) social studies;
155 (D) lab-based natural science;
156 (E) sequential world or classical language other than English;
157 (F) arts;
158 (G) physical and health education;
159 (H) career and technical education;
160 (I) computer technology; and
161 (J) general financial literacy; or
162 (ii) the International Baccalaureate requirements, with no individual course grade
163 below a "C".
164 (2) To be eligible for the scholarship, a student:
165 (a) shall submit an application to the board with a copy of the student's official high
166 school transcript;
167 (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
168 federal student aid; and
169 (c) may not have a criminal record, with the exception of misdemeanor traffic citations.
170 (3) For purposes of calculating a student's cumulative high school grade point average,
171 the board shall, by policy, assign additional weights to grades earned in English, mathematics,
172 laboratory science, social science, and foreign language courses identified as:
173 (a) advanced placement;
174 (b) pre-International Baccalaureate;
175 (c) International Baccalaureate; or
176 (d) concurrent enrollment.
177 (4) (a) The amount of the Base Regents' Scholarship is $1,000.
178 (b) The board shall annually increase the amount of the Base Regents' Scholarship by a
179 percentage equal to the average percentage tuition increase approved by the board for USHE
180 institutions.

181 Section 4. Section 53B-8-110 is enacted to read:
182 53B-8-110. Regents' Scholarship Program -- Supplemental award to encourage
183 college savings.
184 (1) A student who qualifies for the Base Regents' Scholarship in accordance with the
185 provisions of Section 53B-8-109 may be awarded up to an additional $400 as provided in this
186 section.
187 (2) A student who qualifies for the Base Regents' Scholarship shall be awarded up to
188 $100 for a year that:
189 (a) the student was 14, 15, 16, or 17 years of age; and
190 (b) at least $100 in contributions, excluding transfers, investment earnings, and
191 interest, was deposited in a Utah Educational Savings Plan Trust account that designated the
192 student as the beneficiary.
193 (3) (a) The award shall be an amount equal to a dollar for dollar match up to $100 for
194 each of the years described in Subsection (2)(a).
195 (b) The maximum award is $100 for a year, up to a cumulative total of $400.
196 Section 5. Section 53B-8-111 is enacted to read:
197 53B-8-111. Supplemental scholarship award -- First generation college student.
198 (1) A student who qualifies for the Base Regents' Scholarship in accordance with the
199 provisions of Section 53B-8-109 shall be awarded an additional $1,000 if the student submits a
200 notarized affidavit attesting that neither of the student's parents nor the student's legal guardian
201 completed an associate's or bachelor's degree in college.
202 (2) An award under this section may not be used to diminish or reduce any state
203 need-based financial aid for which the student may qualify based on personal or family income.
204 Section 6. Section 53B-8-112 is enacted to read:
205 53B-8-112. Supplemental scholarship award -- Exemplary academic achievement
206 -- Regents' diploma.
207 (1) A student who qualifies for the Base Regents' Scholarship in accordance with the
208 provisions of Section 53B-8-109 shall be awarded an additional Exemplary Academic
209 Achievement Scholarship if the student, by September 1 of the year the student's class
210 graduates from high school:
211 (a) completes high school with a cumulative weighted grade point average of 3.5 or

212 higher, as determined by the board's policies;
213 (b) completes the 22 unit core course of study described in Subsection 53B-8-109 (1)(f)
214 with no core course grade lower than a "B"; and
215 (c) scores a composite ACT score of 26 or higher, as determined by the board's
216 policies, which may also include required college readiness benchmark scores in English,
217 mathematics, reading, and science.
218 (2) (a) If used at a higher education institution within the state system of higher
219 education, an Exemplary Academic Achievement Scholarship is equal in value to 75% of the
220 tuition costs at the selected institution.
221 (b) If used at a higher education institution that is not within the state system of higher
222 education, an Exemplary Academic Achievement Scholarship is equal in value to 75% of the
223 tuition costs at the institution, not to exceed 75% of the average tuition costs at the institutions
224 within the state system of higher education.
225 (c) An Exemplary Academic Achievement Scholarship is valid for up to two years of
226 full-time equivalent enrollment, or until the requirements of an associate's or bachelor's degree
227 have been met, whichever is shorter.
228 (3) The board may grant a leave of absence to an Exemplary Academic Achievement
229 Scholarship holder, but the scholarship shall be used in its entirety within five years after
230 completion of high school.
231 (4) An Exemplary Academic Achievement Scholarship may be canceled at any time by
232 the institution of attendance if the student fails to:
233 (a) register as a full-time student;
234 (b) maintain a "B" average for two consecutive semesters; or
235 (c) make reasonable progress towards the completion of either an associate's or
236 bachelor's degree.
237 (5) (a) A student who qualifies for the Exemplary Academic Achievement Scholarship
238 under this section shall also receive a Regents' Diploma Endorsement to be issued by the board.
239 (b) If qualified for in time, a Regents' Diploma Endorsement shall be awarded to the
240 student at high school commencement exercises.
241 Section 7. One-time appropriation.
242 (1) There is appropriated $50,000,000 from the Education Fund for fiscal year 2008-09

243 only, to the State Board of Regents to fund the Base Regents' Scholarships and supplemental
244 awards established in Sections 53B-8-109 , 53B-8-110 , 53B-8-111 , and 53B-8-112 .
245 (2) It is the intent of the Legislature that the appropriation under Subsection (1) is
246 nonlapsing.
247 Section 8. Ongoing appropriation.
248 (1) As an ongoing appropriation subject to future budget constraints, there is
249 appropriated from the Education Fund for fiscal year 2008-09, $7,500,000 to the State Board of
250 Regents.
251 (2) It is the intent of the Legislature that:
252 (a) $500,000 of the appropriation under Subsection (1) shall be used to administer the
253 Regents' Scholarship Program; and
254 (b) $7,000,000 of the appropriation under Subsection (1) shall be used to fund the Base
255 Regents' Scholarships and supplemental awards established in Sections 53B-8-109 , 53B-8-110 ,
256 53B-8-111 , and 53B-8-112 .
257 Section 9. Effective date.
258 This bill takes effect on July 1, 2008.