S.B. 132

1

HIGHER EDUCATION SCHOLARSHIP
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John L. Valentine
6 House Sponsor: Gregory H. Hughes
7
8 LONG TITLE
9 General Description:
10 This bill makes adjustments to the New Century scholarship and the Regents'
11 scholarship.
12 Highlighted Provisions:
13 This bill:
14 . changes the day on which requirements must be completed for a New Century
15 scholarship;
16 . requires additional grade point average or test score requirements for New Century
17 scholarship applicants;
18 . provides transition provisions for certain changes;
19 . requires a scholarship holder to enroll full-time at an institution by the fall term
20 immediately following graduation;
21 . gives the State Board of Regents authority to impose application deadlines and other
22 administrative procedures for the scholarships;
23 . provides that a student may not receive both a New Century scholarship and a
24 Regents' scholarship; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 53B-8-105, as last amended by Laws of Utah 2009, Chapter 329
33 53B-8-108, as last amended by Laws of Utah 2009, Chapter 329
34 53B-8-109, as last amended by Laws of Utah 2009, Chapter 329
35 53B-8-111, as last amended by Laws of Utah 2009, Chapter 329
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 53B-8-105 is amended to read:
39 53B-8-105. New Century scholarships -- High school requirements.
40 (1) As used in this section, "complete the requirements for an associate degree" means
41 that a student:
42 (a) (i) completes all the required courses for an associate degree from a higher
43 education institution within the state system of higher education that offers associate degrees;
44 and
45 (ii) applies for the associate degree from the institution; or
46 (b) completes equivalent requirements described in Subsection (1)(a)(i) from a higher
47 education institution within the state system of higher education that offers baccalaureate
48 degrees but does not offer associate degrees.
49 [(1)] (2) (a) The [State Board of Regents] board shall award New Century scholarships.
50 (b) The board shall develop and approve the math and science curriculum described
51 under Subsection (3)(a)(ii).
52 [(b)] (3) (a) In order to qualify for a New Century scholarship, a student in Utah
53 schools shall complete the requirements for an:
54 (i) associate degree; or
55 (ii) approved math and science curriculum.
56 [(c)] (b) The requirements under Subsection [(1)(b)] (3)(a) shall be completed:
57 (i) (A) for a student whose class graduates from high school in 2010 or before, by
58 September 1 of the year the student's class graduates from high school; [and] or

59 (B) for a student whose class graduates from high school in 2011 or after, by the day on
60 which the student's class graduates from high school; and
61 (ii) with at least a ["B" average or] 3.0 grade point average.
62 [(d) The State Board of Regents shall develop and approve the math and science
63 curriculum described under Subsection (1)(b)(ii).]
64 (c) In addition to the requirements in Subsection (3)(a), a student in Utah schools
65 whose class graduates from high school in 2011 or after shall:
66 (i) complete the high school graduation requirements of:
67 (A) a public high school established by the State Board of Education and the student's
68 school district or charter school; or
69 (B) a private high school in the state that is accredited by a regional accrediting body
70 approved by the board; and
71 (ii) complete high school with at least a 3.5 cumulative high school grade point
72 average.
73 (4) Notwithstanding Subsection (3), for a student who does not receive a high school
74 grade point average, the student shall:
75 (a) complete the requirements for an associate degree:
76 (i) (A) for a student who completes high school in 2010 or before, by September 1 of
77 the year the student completes high school; or
78 (B) for a student who completes high school in 2011 or after, by June 15 of the year the
79 student completes high school; and
80 (ii) with at least a 3.0 grade point average; and
81 (b) score a composite ACT score of 26 or higher.
82 (5) To be eligible for the scholarship, a student:
83 (a) shall submit an application to the board with:
84 (i) an official college transcript showing college courses the student has completed to
85 complete the requirements for an associate degree; and
86 (ii) (A) if applicable, an official high school transcript; or
87 (B) if applicable, a copy of the student's ACT scores;
88 (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
89 federal student aid;

90 (c) may not have a criminal record, with the exception of a misdemeanor traffic
91 citation; and
92 (d) if applicable, shall meet the application deadlines as established by the board under
93 Subsection (10).
94 [(2)] (6) (a) The scholarship may be used at a:
95 (i) higher education institution within the state system of higher education that offers
96 baccalaureate programs; or
97 (ii) private, nonprofit college or university in the state accredited by the Northwest
98 Association of Schools and Colleges that offers baccalaureate programs.
99 (b) For a student whose class graduates from high school in 2010 and who completes
100 the requirements under Subsection [(1)(b)] (3)(a) by September 1, 2010:
101 (i) if used at an institution described in Subsection [(2)] (6)(a)(i), the value of the
102 scholarship is [equal in value] up to 75% of the tuition costs at the selected institution; or
103 (ii) if used at an institution described in Subsection [(2)] (6)(a)(ii), the value of the
104 scholarship is [equal in value] up to 75% of the tuition costs at the institution, not to exceed
105 75% of the average tuition costs at the institutions referred in Subsection [(2)] (6)(a)(i).
106 (c) (i) For a student whose class graduates in 2011 or after and who completes the
107 requirements under this section, the total value of the scholarship is [equal] up to $5,000,
108 allocated over a time period described in Subsection [(2)] (6)(d), as prescribed by the board.
109 (ii) The board may increase the scholarship amount described in Subsection (6)(c)(i) by
110 an amount not to exceed the average percentage tuition increase approved by the board for
111 institutions in the state system of higher education.
112 (d) The scholarship is valid for the shortest of the following time periods:
113 (i) two years of full-time equivalent enrollment;
114 (ii) 60 credit hours; or
115 (iii) until the student meets the requirements for a baccalaureate degree.
116 (e) (i) A scholarship holder shall enroll full-time at a higher education institution by no
117 later than the fall term immediately following the student's high school graduation date or
118 receive an approved deferral from the board.
119 [(e)] (ii) The [State Board of Regents] board may grant a deferral or leave of absence to
120 a scholarship holder, but the student may only receive scholarship monies within five years

121 [after the student completes high school] of the student's high school graduation date.
122 [(3)] (7) The board may cancel a New Century scholarship [may be canceled] at any
123 time [by the institution of attendance] if the student fails to:
124 (a) register as a full-time student;
125 [(a)] (b) maintain [a "B" average] at least a 3.0 grade point average for two consecutive
126 semesters; or
127 [(b)] (c) make reasonable progress towards the completion of a baccalaureate degree.
128 [(4)] (8) (a) [The] Subject to future budget constraints, the Legislature shall make an
129 annual appropriation from the General Fund to the [State Board of Regents] board for the costs
130 associated with the New Century Scholarship Program authorized under this section.
131 (b) It is understood that the appropriation is offset in part by the state monies that
132 would otherwise be required and appropriated for these students if they were enrolled in a
133 four-year postsecondary program at a state-operated institution.
134 (c) Notwithstanding Subsections [(1)] (2)(a) and [(2)] (6), if the appropriation under
135 Subsection [(4)] (8)(a) is insufficient to cover the costs associated with the New Century
136 Scholarship Program, the [State Board of Regents] board may [limit or] reduce [scholarships]
137 the scholarship amount.
138 [(d) The board may adjust the amount of the New Century Scholarship by up to a
139 percentage of the average percentage tuition increase approved by the board for institutions in
140 the system of higher education.]
141 [(5) This section does not apply to a student who completes an associate of applied
142 technology degree from the Utah College of Applied Technology.]
143 (9) (a) The board shall adopt policies establishing an application process and an appeal
144 process for a New Century scholarship.
145 (b) The board shall disclose on all applications and related materials that the amount of
146 the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
147 (10) The board may set deadlines for receiving New Century scholarship applications
148 and supporting documentation.
149 (11) A student may not receive both a New Century scholarship and a Regents'
150 scholarship established in Section 53B-8-108 .
151 Section 2. Section 53B-8-108 is amended to read:

152 53B-8-108. Regents' Scholarship Program -- General provisions -- Board policies.
153 (1) The Regents' Scholarship Program is created to award merit scholarships to
154 students who complete a rigorous core course of study in high school.
155 (2) (a) A student who is awarded the Base Regents' scholarship established in Section
156 53B-8-109 may also be awarded each of the supplemental awards established in Sections
157 53B-8-110 and 53B-8-111 .
158 (b) A student may not receive both a Regents' scholarship and a New Century
159 scholarship established in Section 53B-8-105 .
160 (3) A Regents' scholarship may only be used at a:
161 (a) credit-granting higher education institution within the state system of higher
162 education; or
163 (b) private, nonprofit college or university in the state that is accredited by the
164 Northwest Association of Schools and Colleges.
165 (4) (a) [Except as provided in Subsection (4)(b), a] A scholarship holder shall enroll
166 full-time at a higher education institution described in Subsection (3) [within 12 months of the
167 student's high school graduation] by no later than the fall term immediately following the
168 student's high school graduation date or receive an approved deferral from the board.
169 (b) The [State Board of Regents] board may grant a deferral or leave of absence to a
170 scholarship holder, but the student may only receive scholarship monies within five years [after
171 the student completes high school] of the student's high school graduation date.
172 (5) (a) The board shall annually report on the Regents' Scholarship Program at the
173 beginning of each school year to the Education Interim Committee and the Higher Education
174 Appropriations Subcommittee.
175 (b) The report shall include the number of students in each school district and public
176 high school who meet the academic criteria for the Base Regents' scholarship and for the
177 Exemplary Academic Achievement Scholarship.
178 (c) The State Board of Education, school districts, and public high schools shall
179 cooperate with the [State Board of Regents] board to facilitate the collection and distribution of
180 Regents' Scholarship Program data.
181 (6) The State Board of Education shall annually provide the [State Board of Regents]
182 board a complete list of directory information, including student name and address, for all

183 grade 8 students in the state.
184 (7) The board shall adopt policies establishing:
185 (a) the high school and college course requirements described in Subsection
186 53B-8-109 (1)(d)(i);
187 [(b) the cumulative grade point average required in Sections 53B-8-109 and
188 53B-8-111 ;]
189 [(c)] (b) the additional weights assigned to grades earned in certain courses [for
190 purposes of calculating a student's cumulative high school grade point average required in
191 Subsection] described in Subsections 53B-8-109 (4) and 53B-8-111 (7);
192 [(d)] (c) the regional accrediting bodies that may accredit a private high school
193 described in Subsection 53B-8-109 (1)(a)(ii); [and]
194 [(e)] (d) (i) the application process and an appeal process for a Regents' scholarship,
195 including procedures to allow a [parent or] student to apply for the scholarship on-line[.]; and
196 (ii) a disclosure on all applications and related materials that the amount of the awards
197 is subject to funding and may be reduced, in accordance with Subsection (8)(b); and
198 (e) how college credits correlate to high school units for purposes of Subsection
199 53B-8-109 (1)(d)(i).
200 (8) (a) [The] Subject to future budget constraints, the Legislature shall make an annual
201 appropriation from the Education Fund to the [State Board of Regents] board for the costs
202 associated with the Regents' Scholarship Program authorized under this section and Sections
203 53B-8-109 , 53B-8-110 , and 53B-8-111 .
204 (b) Notwithstanding the provisions of this section and Sections 53B-8-109 , 53B-8-110 ,
205 and 53B-8-111 , if the appropriation under Subsection (8)(a) is insufficient to cover the costs
206 associated with the Regents' Scholarship Program, the [State Board of Regents] board may
207 [limit or] reduce the amount of the Base Regents' scholarships and supplemental awards.
208 (9) The board may set deadlines for receiving Regents' scholarship applications and
209 supporting documentation.
210 Section 3. Section 53B-8-109 is amended to read:
211 53B-8-109. Regents' Scholarship Program -- Base Regents' scholarship --
212 Qualifications -- Application.
213 (1) A student qualifies for a Base Regents' scholarship [shall be awarded to a student

214 who] if the student:
215 (a) completes the high school graduation requirements of:
216 (i) a public school established by the State Board of Education and the student's school
217 district or charter school; or
218 (ii) a private high school in the state that is accredited by a regional accrediting body
219 approved by the board;
220 (b) completes high school with [a minimum] at least a 3.0 cumulative [weighted] grade
221 point average [determined by the board's policies described in Subsection (4)];
222 (c) has at least one reported ACT test score; and
223 (d) (i) completes the following high school or college credit in grades 9-12:
224 (A) four units of credit of English;
225 (B) four units of credit of mathematics;
226 (C) three and one-half units of credit of social science;
227 (D) three units of credit of lab-based natural science; and
228 (E) two units of credit of sequential world or classical language other than English; and
229 (ii) except as provided in Subsection (4), earns a course grade on a transcript of "C" or
230 above in each individual course listed in Subsection (1)(d)(i).
231 (2) The board shall establish policies to determine specific courses that meet the
232 requirements under Subsection (1)(d)(i).
233 (3) To be eligible for the scholarship, a student:
234 (a) shall submit an application to the board with:
235 (i) a copy of the student's official high school transcript and ACT scores; and
236 (ii) if applicable, a college transcript showing a college course the student has
237 completed to meet the requirements of Subsection (1)(d);
238 (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
239 federal student aid; [and]
240 (c) may not have a criminal record, with the exception of a misdemeanor traffic
241 citation[.]; and
242 (d) if applicable, shall meet the application deadlines as established by the board under
243 Subsection 53B-8-108 (9).
244 (4) For purposes of [calculating a high school student's cumulative weighted grade

245 point average required in Subsection (1)(b)] determining if a student meets the grade
246 requirements of Subsection (1)(d)(ii), the board shall assign additional weights to grades earned
247 in courses described in Subsection (1)(d)(i) that are advanced placement or concurrent
248 enrollment courses.
249 (5) (a) The amount of the Base Regents' scholarship is $1,000.
250 (b) The board may adjust the amount of the Base Regents' scholarship by up to a
251 percentage of the average percentage tuition increase approved by the board for institutions in
252 the system of higher education.
253 Section 4. Section 53B-8-111 is amended to read:
254 53B-8-111. Supplemental scholarship award -- Exemplary academic achievement
255 -- Regents' diploma.
256 (1) A student who qualifies for the Base Regents' scholarship in accordance with the
257 provisions of Section 53B-8-109 shall [be awarded] qualify for an additional Exemplary
258 Academic Achievement scholarship if the student:
259 (a) completes high school with a cumulative [weighted] grade point average of 3.5 or
260 higher[, as determined by the board's policies described in Subsection 53B-8-109 (4)];
261 (b) except as provided in Subsection (7), completes the course of study described in
262 Subsection 53B-8-109 (1)(d)(i) with no course grade on a transcript lower than a "B"; and
263 (c) (i) scores a composite ACT score of 26 or higher; and
264 (ii) if determined by the board's policies, achieves additional ACT college readiness
265 benchmark scores in English, mathematics, reading, and science.
266 (2) For a student who graduates from high school in the 2009-10 school year:
267 (a) if used at a higher education institution described in Subsection 53B-8-108 (3)(a),
268 the value of an Exemplary Academic Achievement scholarship is [equal in value] up to 75% of
269 the tuition costs at the selected institution; or
270 (b) if used at a higher education institution described in Subsection 53B-8-108 (3)(b),
271 the value of an Exemplary Academic Achievement scholarship is [equal in value] up to 75% of
272 the tuition costs at the institution, not to exceed 75% of the average tuition costs at the
273 institutions described in Subsection 53B-8-108 (3)(a).
274 (3) (a) For a student who graduates from high school in or after the 2010-11 school
275 year, the total value of an Exemplary Academic Achievement scholarship is [equal] up to

276 $5,000, allocated over a time period described in Subsection (4), as prescribed by the board.
277 (b) The board may adjust the amount of the Exemplary Academic Achievement
278 scholarship by up to a percentage of the average percentage tuition increase approved by the
279 board for institutions in the state system of higher education.
280 (4) An Exemplary Academic Achievement scholarship is valid for the shortest of the
281 following time periods:
282 (a) two years of full-time equivalent enrollment;
283 (b) 65 credit hours; or
284 (c) until the student meets the requirements for a baccalaureate degree.
285 [(5) The board may grant a leave of absence to an Exemplary Academic Achievement
286 Scholarship holder, but the student may only receive scholarship monies within five years after
287 the student completes high school.]
288 [(6)] (5) [An] The board may cancel an Exemplary Academic Achievement scholarship
289 [may be canceled] at any time [by the institution of attendance] if the student fails to:
290 (a) register as a full-time student;
291 (b) maintain a ["B"] 3.0 grade point average for two consecutive semesters; or
292 (c) make reasonable progress towards the completion of a baccalaureate degree.
293 [(7)] (6) A student who qualifies for the Exemplary Academic Achievement
294 scholarship under this section may also receive a Regents' diploma endorsement to be issued by
295 the board.
296 [(8) The board may adjust the amount of the Exemplary Academic Achievement
297 Scholarship by up to a percentage of the average percentage tuition increase approved by the
298 board for institutions in the system of higher education.]
299 (7) For purposes of determining if a student meets the grade requirements of
300 Subsection (1)(b), the board shall assign additional weights to grades earned in courses
301 described in Subsection 53B-8-109 (1)(d)(i) that are advanced placement or concurrent
302 enrollment courses.

Legislative Review Note
as of 2-1-10 3:43 PM

Office of Legislative Research and General Counsel