Iowa Code § 256.212

Current through March 29, 2024

Section 256.212 - All Iowa opportunity scholarship program and fund

1.Definitions. As used in this subpart, unless the context otherwise requires:

a."Commission" means the college student aid commission.

b."Eligible foster care student" means a person under twenty-six years of age who has a high school diploma or a high school equivalency diploma under chapter 259A and is described by any of the following:

(1) Is age seventeen and is in a court-ordered placement under chapter 232 under the care and custody of the department of health and human services or juvenile court services.

(2) Is age seventeen and has been placed in a state juvenile institution pursuant to a court order entered under chapter 232 under the care and custody of the department of health and human services.

(3) Is described by any of the following:

(a) On the date the person reached age eighteen or during the thirty calendar days preceding or succeeding that date, the person was in a licensed foster care placement pursuant to a court order entered under chapter 232 under the care and custody of the department of health and human services or juvenile court services.

(b) On the date the person reached age eighteen or during the thirty calendar days preceding or succeeding that date, the person was under a court order under chapter 232 to live with a relative or other suitable person.

(c) The person was in a licensed foster care placement pursuant to an order entered under chapter 232 prior to being legally adopted after reaching age sixteen.

(d) On the date the person reached age eighteen or during the thirty calendar days preceding or succeeding that date, the person was placed in a state juvenile institution pursuant to a court order entered under chapter 232 under the care and custody of the department of health and human services.

c."Eligible institution" means a community college established under chapter 260C or an institution of higher learning governed by the state board of regents.

d."Eligible surviving-child student" means a qualified student who is not a convicted felon as defined in section 910.15 and who meets any of the following criteria:

(1) Is the child or stepchild of a peace officer, as defined in section 97A.1, who was killed in the line of duty as determined by the board of trustees of the Iowa department of public safety peace officers' retirement, accident, and disability system in accordance with section 97A.6, subsection 16.

(2) Is the child or stepchild of a police officer or a fire fighter, as each is defined in section 411.1, who was killed in the line of duty as determined by the statewide fire and police retirement system in accordance with section 411.6, subsection 15.

(3) Is the child or stepchild of a sheriff or deputy sheriff as each is defined in section 97B.49C, who was killed in the line of duty as determined by the Iowa public employees' retirement system in accordance with section 97B.52, subsection 2.

(4) Is the child or stepchild of a fire fighter or police officer included under section 97B.49B, who was killed in the line of duty as determined by the Iowa public employees' retirement system in accordance with section 97B.52, subsection 2.

(5) Is the child or stepchild of an employee of the Iowa department of corrections, or of a judicial district department of correctional services, who was killed in the line of duty.

e."Financial need" means the difference between the student's financial resources available, including those available from the student's parents as determined by a completed parents' confidential statement, and the student's anticipated expenses while attending an eligible institution.

f."Full-time resident student" means an individual resident of Iowa who is enrolled at an eligible institution in a program of study including at least twelve semester hours or the trimester or quarter equivalent.

g."Part-time resident student" means an individual resident of Iowa who is enrolled at an eligible institution in a program of study including at least three semester hours or the trimester or quarter equivalent.

h."Qualified student" means a resident student who has established financial need and who is meeting all program requirements.

i."Stepchild" means the same as defined in section 450.1.

2.Program - eligibility. An all Iowa opportunity scholarship program is established to be administered by the commission. The awarding of scholarships under the program is subject to appropriations made by the general assembly. A person who meets all of the following requirements is eligible for the program:

a. Is a resident of Iowa and a citizen of the United States or a lawful permanent resident.

b. Applies in a timely manner for admission to an eligible institution and is accepted for admission.

c. Applies in a timely manner for any federal or state student financial assistance available to the student to attend an eligible institution.

d. Files a new application and parents' confidential statement, as applicable, annually on the basis of which the applicant's eligibility for a renewed scholarship will be evaluated and determined.

e. Maintains satisfactory academic progress during each term for which a scholarship is awarded.

f.

(1) Except as provided in subparagraph (2), begins enrollment at an eligible institution within two academic years of graduation from high school or receipt of a high school equivalency diploma under chapter 259A and continuously receives awards as a full-time or part-time student to maintain eligibility. However, the student may defer or suspend participation in the program for up to two years in order to pursue obligations that meet conditions established by the commission by rule or to fulfill military obligations.

(2) The requirements of subparagraph (1) do not apply to an eligible foster care student.

3.Priority for scholarship awards. Priority for scholarships under this section shall be given to eligible foster care students, then to eligible surviving-child students, who meet the eligibility criteria under subsection 2. Following distribution to students who meet the eligibility criteria under subsection 2, the commission may establish priority for awarding scholarships using any moneys that remain in the all Iowa opportunity scholarship fund.

4.Extent of scholarship. A qualified student at an eligible institution may receive scholarships for not more than the equivalent of eight full-time semesters of undergraduate study, excluding summer semesters. A qualified student attending part-time may receive scholarships for not more than the equivalent of sixteen part-time semesters of undergraduate study. Scholarships awarded pursuant to this section shall not exceed the least of the following amounts, as determined by the commission:

a. The student's financial need.

b. One-half of the average resident tuition rate and mandatory fees established for institutions of higher learning governed by the state board of regents.

5.Discontinuance of attendance - remittance. If a student receiving a scholarship pursuant to this section discontinues attendance before the end of any academic term, the entire amount of any refund due to the student, up to the amount of any payments made by the state, shall be remitted by the eligible institution to the commission. The commission shall deposit refunds paid to the commission in accordance with this subsection into the fund established pursuant to subsection 6.

6.Fund established. An all Iowa opportunity scholarship fund is created in the state treasury as a separate fund under the control of the commission. All moneys deposited or paid into the fund are appropriated and made available to the commission to be used for scholarships for students meeting the requirements of this section. Notwithstanding section 8.33, any balance in the fund on June 30 of each fiscal year shall not revert to the general fund of the state, but shall be available for purposes of this section in subsequent fiscal years.

Iowa Code § 256.212

2007 Acts, ch 214, §28 2009 Acts, ch 177, §28; 2015 Acts, ch 140, §47, 58, 59; 2016 Acts, ch 1034, §1; 2017 Acts, ch 54, §76; 2017 Acts, ch 172, §20 - 24; 2018 Acts, ch 1172, §80, 81; 2019 Acts, ch 32, §1, 2; 2021 Acts, ch 9, §1; 2021 Acts, ch 170, §17- 19, 25; 2023 Acts, ch 19, § 1017, 2629, 2641; 2023 Acts, ch 111, § 20 - 22

Renumbered from §261.87 by 2023 Iowa, ch 19, s 2641, eff. 7/1/2023.

Amended by 2023 Iowa, ch 111, s 20, eff. 7/1/2023, app. to applications submitted under the all Iowa opportunity scholarship program established pursuant to section 261.87 before, on, or after the effective date of this division of this Act.

Amended by 2023 Iowa, ch 111, s 21, eff. 7/1/2023, app. to applications submitted under the all Iowa opportunity scholarship program established pursuant to section 261.87 before, on, or after the effective date of this division of this Act.

Amended by 2023 Iowa, ch 19, s 2629, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 1017, eff. 7/1/2023.

Amended by 2021 Iowa, ch 170, s 19, eff. 6/8/2021.

Amended by 2021 Iowa, ch 170, s 18, eff. 6/8/2021.

Amended by 2021 Iowa, ch 170, s 17, eff. 6/8/2021.

Amended by 2021 Iowa, ch 9, s 1, eff. 7/1/2021.

Amended by 2019 Iowa, ch 32, s 2, eff. 7/1/2019.

Amended by 2019 Iowa, ch 32, s 1, eff. 7/1/2019.

Amended by 2018 Iowa, ch 1172, s 81, eff. 7/1/2018.

Amended by 2018 Iowa, ch 1172, s 80, eff. 7/1/2018.

Amended by 2017 Iowa, ch 172, s 24, eff. 7/1/2017.

Amended by 2017 Iowa, ch 172, s 23, eff. 7/1/2017.

Amended by 2017 Iowa, ch 172, s 22, eff. 7/1/2017.

Amended by 2017 Iowa, ch 172, s 21, eff. 7/1/2017.

Amended by 2017 Iowa, ch 172, s 20, eff. 7/1/2017.

Amended by 2016 Iowa, ch 1034, s 1, eff. 7/1/2016.

Amended by 2015 Iowa, ch 140, s 47, eff. 7/2/2015.

2007 Acts, ch 214, §28; 2009 Acts, ch 177, §28

Program to be expanded to include accredited private institutions if moneys appropriated exceed $500,000; 2015 Acts, ch 140, §2, 21; 2016 Acts, ch 1132, §2; 2017 Acts, ch 172, §2; 2018 Acts, ch 1163, §2; 2019 Acts, ch 135, §2; 2020 Acts, ch 1121, §1; 2021 Acts, ch 170, §2; 2022 Acts, ch 1149, §2; 2023 Acts, ch 111, §2

Subsection 1, paragraph d, subparagraph (5) and subsection 1, paragraph i apply retroactively to July 1, 2020; 2021 Acts, ch 170, §25

2023 amendments to subsection 1, paragraph b, unnumbered paragraph 1, and subsection 2, paragraph f, by 2023 Acts, ch 111, apply to applications submitted under the all Iowa opportunity scholarship program established pursuant to this section before, on, or after July 1, 2023; 2023 Acts, ch 111, §22

See Code editor's note on simple harmonization at the beginning of this Code volume

Section transferred from §261.87 in Code 2024 pursuant to directive in 2023 Acts, ch 19, §2641

Subsection 1, unnumbered paragraph 1 amended

Subsection 1, paragraph b amended

Subsection 2, paragraph f amended