CHAPTER 208

AN ACT TO AMEND TITLE 14, DELAWARE CODE, RELATING TO "EDUCATION", BY PROVIDING SCHOLARSHIPS FOR STUDENTS PURSUING COURSES OF HIGHER EDUCATION NOT AVAILABLE IN STATE INSTITUTIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 14, Delaware Code, is hereby amended by adding a new chapter thereto to read as follows:

CHAPTER 34. HIGHER EDUCATION SCHOLARSHIPS

§ 3401. Purpose

It is the intent and purpose of the General Assembly of the State of Delaware, through this Act, to encourage qualified Delaware students to pursue courses of higher education when such courses are unavailable in State supported institutions and when such pursuit is deemed in the best interest of the State of Delaware.

§ 3402. Administration

This Chapter shall be administered by the State Board of Education, hereinafter referred to as the "Board".

§ 3403. Scholarship Fund

The General Assembly shall each year in the Budget Act appropriate a sum to be known as the "Scholarship Fund" for the purpose of carrying out the provisions of this Act.

§ 3404. Grants

(a) The Board is hereby authorized to award scholarships from the Scholarship Fund to Delaware students pursuing courses of higher education, subject to the rules and regulations

adopted by the Board and the limitations set forth in this Chapter.

(b) The Board shall adopt such rules and regulations as it deems necessary and proper for the purpose of administering this Chapter and determining the award of scholarships, subject to the following limitations:

(1) No student shall be eligible for such scholarship who was not a resident of the State for at least one year immediately prior to approval of the award. Residency status of a student under twenty-one (21) years of age shall be determined by the legal residence of his parent or a court-appointed guardian who must have qualified as a registered voter in Delaware and who is subject to payment of Delaware income taxes. In the case of a student over twenty-one (21) years of age, he must have qualified as a registered voter in Delaware and must be subject to the payment of Delaware income taxes;

(0) Scholarships shall be awarded only to persons who have been accepted as full-time students to pursue programs of study leading to a recognized baccalaureate or professional degree at a four-year college or university which is accredited by one of the regional accrediting associations. No scholarships shall be granted to a student to pursue a course of study available in an institution supported by the State of Delaware;

(1) Scholarships shall be limited to those fields of study leading to occupations or professions for which there is reasonable expectation of job opportunity in the State of Delaware upon completion of such study. Among those programs for which scholarships may be awarded are Architecture, Dentistry, (not pre-dental). Forestry, Law, Medicine (not pre-medical), Optometry, Chiropractic, Social Work, and Veterinary Medicine, and such other professional programs as in the opinion of the Board fall within the spirit and letter of the Act;

(2) Scholarships shall be awarded on the basis of academic qualifications and financial need. In general, the amount of each scholarship shall not be out of line in relation to the total expense of attending the institution selected with what the individual would have received under .other scholarships provided for students desiring to study at State-assisted institutions. The board shall determine the amount of each scholarship, but in no case shall it exceed $800 annually to any one student;

(5) Within six months after the end of each fiscal year, the Board shall submit a report to the General Assembly listing the recipients of scholarships awarded under this Chapter, the stipends received by these students, the institution they attended, the programs of study they pursued and the occupations or professions for which these students are preparing;

(6) Payment of funds shall be made on a semester or quarter basis only to institutions, not to individual scholarship holders, upon receipt of a bill from the institution certifying that the student is enrolled full-time in the program for which scholarship has been awarded. The enrolling institution shall be asked to report the withdrawal or dismissal of any student holding scholarship awarded under this Chapter and make restitution to the Scholarship Fund of sums not utilized for the purpose intended;

(7) Upon re-application, scholarships are renewable provided the applicant continues to qualify on the basis of academic merit and financial need.

§ 3405. Scholarship Advisory Council

There shall be a Scholarship Advisory Council to the Board composed of the President of the University of Delaware or his designated representative, the President of the Delaware State College or his designated representative, and five other citizens appointed by the Board for terms of three years. The Advisory Council shall assist the Board in the Administration of this Chapter in such manner as the Board shall determine.

Section 2. This Act shall become effective immediately upon its enactment for the purpose of administration, provided, however, § 3403 of this Act shall become effective July 1, 1963.

Section 3. There is hereby appropriated to the State Board of Education the sum of Twenty-five Thousand Dollars (825,000), for the purposes contained in this Act.

Section 4. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid out of the General Fund of the State. Any monies appropriated by this Act and unexpended by June 30, 1964, shall revert to the General Fund.

Approved December 23, 1963.