S.B. 104 Enrolled

1

HIGHER EDUCATION SCHOLARSHIP
2 PROGRAM AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lyle W. Hillyard
6 House Sponsor: Fred R Hunsaker
7
8 LONG TITLE
9 General Description:
10 This bill makes adjustments to certain higher education scholarship programs.
11 Highlighted Provisions:
12 This bill:
13 . beginning with the 2011 high school graduating class, changes the New Century
14 scholarship to a set total amount of $5,000;
15 . adjusts the time period that a student may use the New Century scholarship monies;
16 . modifies the institutions at which a student may use a Regents' Scholarship;
17 . modifies the time that a student has to complete the requirements for a Regents'
18 Scholarship;
19 . modifies the requirements to qualify for a Regents' Scholarship;
20 . removes International Baccalaureate provisions related to qualifying for a Regents'
21 Scholarship;
22 . modifies provisions related to the Board of Regents' ability to adjust certain
23 scholarship amounts;
24 . beginning with the 2011 high school graduating class, changes the Exemplary
25 Academic Achievement Scholarship to a set total amount of $5,000;
26 . adjusts the time period that a student may use the Exemplary Academic
27 Achievement Scholarship monies;
28 . removes certain provisions related to a Regents' Diploma Endorsement; and
29 . makes technical changes.

30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 53B-8-105, as last amended by Laws of Utah 2008, Chapter 271
37 53B-8-108, as enacted by Laws of Utah 2008, Chapter 271
38 53B-8-109, as enacted by Laws of Utah 2008, Chapter 271
39 53B-8-110, as enacted by Laws of Utah 2008, Chapter 271
40 53B-8-111, as enacted by Laws of Utah 2008, Chapter 271
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53B-8-105 is amended to read:
44 53B-8-105. New Century scholarships -- High school requirements.
45 (1) (a) [In addition to Centennial Scholarships awarded under Section 53A-15-102 and
46 Career Teaching Scholarships awarded under Title 53B, Chapter 10, Terrel H. Bell Teaching
47 Incentive Loan Program, the] The State Board of Regents [and the State Board of Education]
48 shall [jointly] award New Century scholarships.
49 (b) In order to qualify for a New Century scholarship, a student in Utah schools shall
50 complete the requirements for an:
51 (i) associate degree; or
52 (ii) approved math and science curriculum.
53 (c) The requirements under Subsection (1)(b) shall be completed:
54 (i) by September 1 of the year the student's class graduates from high school; and
55 (ii) with at least a "B" average or 3.0 grade point average.
56 (d) The State Board of Regents shall develop and approve the math and science
57 curriculum described under Subsection (1)(b)(ii).

58 (2) (a) The scholarship may be used at a:
59 (i) higher education institution within the state system of higher education that offers
60 baccalaureate programs; or
61 (ii) private, nonprofit college or university in the state accredited by the Northwest
62 Association of Schools and Colleges that offers baccalaureate programs.
63 (b) For a student whose class graduates from high school in 2010 and who completes
64 the requirements under Subsection (1)(b) by September 1, 2010:
65 (i) [If] if used at an institution [within the state system of higher education] described
66 in Subsection (2)(a)(i), the scholarship is equal in value to 75% of the tuition costs at the
67 selected institution[.]; or
68 (ii) [If] if used at an institution [not within the state system of higher education]
69 described in Subsection (2)(a)(ii), the scholarship is equal in value to 75% of the tuition costs
70 at the institution, not to exceed 75% of the average tuition costs at the institutions referred in
71 Subsection (2)[(b)](a)(i).
72 (c) For a student whose class graduates in 2011 or after and who completes the
73 requirements under this section the total scholarship is equal to $5,000, allocated over a time
74 period described in Subsection (2)(d), as prescribed by the board.
75 [(c) Each] (d) The scholarship is valid for [up to] the shortest of the following time
76 periods:
77 (i) two years of full-time equivalent enrollment[, or until];
78 (ii) 60 credit hours; or
79 (iii) until the student meets the requirements for a baccalaureate degree [have been
80 met, whichever is shorter].
81 [(d)] (e) The State Board of Regents may grant a leave of absence to a scholarship
82 holder, but [the scholarship must be used in its entirety] the student may only receive
83 scholarship monies within five years after [completion of] the student completes high school.
84 (3) The New Century scholarship may be canceled at any time by the institution of
85 attendance if the student fails to:

86 (a) maintain a "B" average for two consecutive semesters; or
87 (b) make reasonable progress towards the completion of a baccalaureate degree.
88 (4) (a) The Legislature shall make an annual appropriation from the General Fund to
89 the State Board of Regents for the costs associated with the New Century scholarship program
90 authorized under this section.
91 (b) It is understood that the appropriation is offset in part by the state [moneys]
92 monies that would otherwise be required and appropriated for these students if they were
93 enrolled in a four-year postsecondary program at a state-operated institution.
94 (c) Notwithstanding Subsections (1) and (2), if the appropriation under Subsection
95 (4)(a) is insufficient to cover the costs associated with the New Century scholarship program,
96 the State Board of Regents may limit or reduce scholarships.
97 (d) The board may adjust the amount of the New Century Scholarship by up to a
98 percentage of the average percentage tuition increase approved by the board for institutions in
99 the system of higher education.
100 (5) This section does not apply to a student who completes an associate of applied
101 technology degree from the Utah College of Applied Technology.
102 Section 2. Section 53B-8-108 is amended to read:
103 53B-8-108. Regents' Scholarship Program -- General provisions -- Board
104 policies.
105 (1) The Regents' Scholarship Program is created to award merit scholarships to
106 students who complete a rigorous core course of study in high school.
107 (2) A student who is awarded the Base Regents' Scholarship established in Section
108 53B-8-109 may also be awarded each of the supplemental awards established in Sections
109 53B-8-110 and 53B-8-111 .
110 (3) A Regents' Scholarship may only be used at a:
111 (a) credit-granting higher education institution within the state system of higher
112 education[, including the Utah College of Applied Technology]; or
113 (b) private, nonprofit college or university in [this] the state that is accredited by the

114 Northwest Association of Schools and Colleges[; or].
115 [(c) Western Undergraduate Exchange program that is approved by the board.]
116 (4) (a) Except as provided in Subsection (4)(b), a scholarship holder shall enroll full
117 time at a higher education institution [within the state system of higher education] described
118 in Subsection (3) within 12 months of the student's high school graduation.
119 (b) The State Board of Regents may grant a leave of absence to a scholarship holder,
120 but the [scholarship shall be used in its entirety] student may only receive scholarship monies
121 within five years after [completion of] the student completes high school.
122 (5) (a) The board shall annually report on the Regents' Scholarship Program at the
123 beginning of each school year to the Education Interim Committee and the Higher Education
124 Appropriations Subcommittee.
125 (b) The report shall include the number of students in each school district and public
126 high school who meet the academic criteria for the Base Regents' Scholarship and for the
127 Exemplary Academic Achievement Scholarship.
128 (c) The State Board of Education, school districts, and public high schools shall
129 cooperate with the State Board of Regents to facilitate the collection and distribution of
130 Regents' Scholarship Program data.
131 (6) The State Board of Education shall annually provide the State Board of Regents a
132 complete list of directory information, including student name and address, for all grade 8
133 students in the state.
134 (7) The board shall[, by July 15, 2008,] adopt policies establishing:
135 (a) the high school and college course requirements[, including group credit
136 requirements,] described in Subsection 53B-8-109 (1)[(e)](d)(i);
137 (b) the cumulative grade point average required in Sections 53B-8-109 and
138 53B-8-111 ;
139 (c) the additional weights assigned to grades earned in certain courses for purposes of
140 calculating a student's cumulative high school grade point average required in Subsection
141 53B-8-109 (4);

142 (d) the regional accrediting bodies that may accredit a private high school described in
143 Subsection 53B-8-109 (1)(a)(ii); and
144 (e) the application process for a Regents' Scholarship, including procedures to allow a
145 parent or student to apply for the scholarship on-line[; and].
146 [(f) Western Undergraduate Exchange programs that are approved for the use of a
147 Regents' Scholarship.]
148 (8) (a) The Legislature shall make an annual appropriation from the Education Fund to
149 the State Board of Regents for the costs associated with the Regents' Scholarship Program
150 authorized under this section and Sections 53B-8-109 , 53B-8-110 , and 53B-8-111 .
151 (b) Notwithstanding the provisions of this section and Sections 53B-8-109 ,
152 53B-8-110 , and 53B-8-111 , if the appropriation under Subsection (8)(a) is insufficient to
153 cover the costs associated with the Regents' Scholarship Program, the State Board of Regents
154 may limit or reduce the Base Regents' Scholarships and supplemental awards.
155 Section 3. Section 53B-8-109 is amended to read:
156 53B-8-109. Regents' Scholarship Program -- Base Regents' Scholarship --
157 Qualifications -- Application.
158 (1) A Base Regents' Scholarship shall be awarded to a student who[, by September 1
159 of the year the student's class graduates from high school]:
160 (a) completes the high school graduation requirements of:
161 (i) a public school established by the State Board of Education and the student's
162 school district or charter school; or
163 (ii) a private high school in the state that is accredited by a regional accrediting body
164 approved by the board;
165 [(b) passes the basic skills competency test established in Section 53A-1-611 ;]
166 [(c)] (b) completes high school with a minimum cumulative weighted grade point
167 average determined by the board's policies described in Subsection (4);
168 [(d)] (c) has at least one reported ACT test score; and
169 [(e)] (d) (i) completes[: (i) at least 22 units of core] the following high school or

170 college credit in grades 9-12[, with no individual core course grade below a "C", including
171 credit subtotals required by the board from each of the following groups]:
172 (A) four units of credit of English;
173 (B) [algebra or higher] four units of credit of mathematics;
174 (C) three and one-half units of credit of social [studies] science;
175 (D) three units of credit of lab-based natural science; and
176 (E) two units of credit of sequential world or classical language other than English;
177 and
178 [(F) arts;]
179 [(G) physical and health education;]
180 [(H) career and technical education;]
181 [(I) computer technology; and]
182 [(J) general financial literacy; or]
183 [(ii) the International Baccalaureate requirements, with no individual course grade
184 below a "C".]
185 (ii) earns a course grade of "C" or above in each individual course listed in Subsection
186 (1)(d)(i).
187 (2) The board shall establish policies to determine specific courses that meet the
188 requirements under Subsection (1)(d)(i).
189 [(2)] (3) To be eligible for the scholarship, a student:
190 (a) shall submit an application to the board with:
191 (i) a copy of the student's official high school transcript; and
192 (ii) if applicable, a college transcript showing a college course the student has
193 completed to meet the requirements of Subsection (1)(d);
194 (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
195 federal student aid; and
196 (c) may not have a criminal record, with the exception of a misdemeanor traffic
197 [citations] citation.

198 [(3)] (4) For purposes of calculating a high school student's cumulative [high school]
199 weighted grade point average required in Subsection (1)(b), the board shall[, by policy,] assign
200 additional weights to grades earned in [English, mathematics, laboratory science, social
201 science, and foreign language courses identified as:] courses described in Subsection (1)(d)(i)
202 that are advanced placement or concurrent enrollment courses.
203 [(a) advanced placement;]
204 [(b) pre-International Baccalaureate;]
205 [(c) International Baccalaureate; or]
206 [(d) concurrent enrollment.]
207 [(4)] (5) (a) The amount of the Base Regents' Scholarship is $1,000.
208 (b) The board [shall annually increase] may adjust the amount of the Base Regents'
209 Scholarship by up to a percentage [equal to] of the average percentage tuition increase
210 approved by the board for [USHE] institutions in the system of higher education.
211 Section 4. Section 53B-8-110 is amended to read:
212 53B-8-110. Regents' Scholarship Program -- Supplemental award to encourage
213 college savings.
214 (1) A student who qualifies for the Base Regents' Scholarship in accordance with the
215 provisions of Section 53B-8-109 may be awarded up to an additional $400 as provided in this
216 section.
217 (2) A student who qualifies for the Base Regents' Scholarship shall be awarded [up to]
218 $100 for a year that:
219 (a) the student was 14, 15, 16, or 17 years of age; and
220 (b) at least $100 in contributions, excluding transfers, investment earnings, and
221 interest, was deposited in a Utah Educational Savings Plan Trust account that designated the
222 student as the beneficiary.
223 [(3) (a) The award shall be an amount equal to a dollar for dollar match up to $100 for
224 each of the years described in Subsection (2)(a).]
225 [(b) The maximum award is $100 for a year, up to a cumulative total of $400.]

226 Section 5. Section 53B-8-111 is amended to read:
227 53B-8-111. Supplemental scholarship award -- Exemplary academic
228 achievement -- Regents' diploma.
229 (1) A student who qualifies for the Base Regents' Scholarship in accordance with the
230 provisions of Section 53B-8-109 shall be awarded an additional Exemplary Academic
231 Achievement Scholarship if the student[, by September 1 of the year the student's class
232 graduates from high school]:
233 (a) completes high school with a cumulative weighted grade point average of 3.5 or
234 higher, as determined by the board's policies described in Subsection 53B-8-109 (4);
235 (b) completes the [22 unit core] course of study described in Subsection
236 53B-8-109 (1)[(f)](d)(i) with no [core] course grade lower than a "B"; and
237 (c) (i) scores a composite ACT score of 26 or higher[, as]; and
238 (ii) if determined by the board's policies, [which may also include required] achieves
239 additional ACT college readiness benchmark scores in English, mathematics, reading, and
240 science.
241 (2) For a student who graduates from high school in the 2009-10 school year:
242 (a) [If] if used at a higher education institution [within the state system of higher
243 education] described in Subsection 53B-8-108 (3)(a), an Exemplary Academic Achievement
244 Scholarship is equal in value to 75% of the tuition costs at the selected institution[.]; or
245 (b) [If] if used at a higher education institution [that is not within the state system of
246 higher education] described in Subsection 53B-8-108 (3)(b), an Exemplary Academic
247 Achievement Scholarship is equal in value to 75% of the tuition costs at the institution, not to
248 exceed 75% of the average tuition costs at the institutions [within the state system of higher
249 education] described in Subsection 53B-8-108 (3)(a).
250 (3) For a student who graduates from high school in or after the 2010-11 school year,
251 the total Exemplary Academic Achievement Scholarship is equal to $5,000, allocated over a
252 time period described in Subsection (4), as prescribed by the board.
253 [(c)] (4) An Exemplary Academic Achievement Scholarship is valid for [up to] the

254 shortest of the following time periods:
255 (a) two years of full-time equivalent enrollment[, or until the requirements of an
256 associate's or bachelor's degree have been met, whichever is shorter.];
257 (b) 65 credit hours; or
258 (c) until the student meets the requirements for a baccalaureate degree.
259 [(3)] (5) The board may grant a leave of absence to an Exemplary Academic
260 Achievement Scholarship holder, but the [scholarship shall be used in its entirety] student may
261 only receive scholarship monies within five years after [completion of] the student completes
262 high school.
263 [(4)] (6) An Exemplary Academic Achievement Scholarship may be canceled at any
264 time by the institution of attendance if the student fails to:
265 (a) register as a full-time student;
266 (b) maintain a "B" average for two consecutive semesters; or
267 (c) make reasonable progress towards the completion of [either an associate's or
268 bachelor's] a baccalaureate degree.
269 [(5) (a)] (7) A student who qualifies for the Exemplary Academic Achievement
270 Scholarship under this section [shall] may also receive a Regents' Diploma Endorsement to be
271 issued by the board.
272 [(b) If qualified for in time, a Regents' Diploma Endorsement shall be awarded to the
273 student at high school commencement exercises.]
274 (8) The board may adjust the amount of the Exemplary Academic Achievement
275 Scholarship by up to a percentage of the average percentage tuition increase approved by the
276 board for institutions in the system of higher education.