District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	COUNCIL OF THE DISTRICT OF COLUMBIA
2	2	The John A. Wilson Building
3	3	1350 Pennsylvania Avenue, nw
4	4	Washington, D.C. 20004
5	5
6	6
7	7
8	8
9	9	Statement of Introduction
10	10	DC ACHIEVES Establishment Act of 2023
11	11	January 27, 2023
12	12
13	13	Today, I am introducing the DC Advancing College Hopes for Immigrants’ Education and
14	14	Vocational Enrichment Scholarship (DC ACHIEVES) Establishment Act of 2023, along with
15	15	Councilmembers Charles Allen, Janeese Lewis George, Brianne K. Nadeau, Zachary Parker, Trayon
16	16	White, Sr., Kenyan R. McDuffie, and Brooke Pinto.
17	17
18	18	I am committed to ensuring that one’s zip code not determine an individual’s opportunity for
19	19	success, and this includes supporting all District of Columbia students in their pursuit of higher
20	20	education. To this end, I introduced the New Student Loan Borrower Bill of Rights Amendment
21	21	Act of 2023 to ensure that our students who pursue higher educations are equipped for the financial
22	22	challenges they may face. The DC ACHIEVES Establishment Act will further the District’s
23	23	commitment to meet all students’ needs.
24	24
25	25	The DC ACHIEVES Establishment Act of 2023 requires that the Mayor establish a non-lapsing
26	26	fund to support the DC ACHIEVES program. The program will provide grants to undocumented
27	27	District students for tuition and non-tuition expenses not covered by other non-loan assistance. DC
28	28	ACHIEVES participants must graduate from a District school, have attended school in the District
29	29	for grades 9-12, be enrolled in an institution of higher education on at least a half-time basis, be 24
30	30	years old or younger, and be from a family with an annual household taxable income of no more
31	31	than 200% of the median family income. District-based foster children attending school out of state
32	32	due to their placement, and students who were homeschooled are also eligible. Scholarships are
33	33	awarded on a sliding scale, and students must uphold District residency, maintain at least half-time
34	34	enrollment, and demonstrate satisfactory academic progress to sustain program eligibility.
35	35
36	36	In 2014, the Council unanimously passed the DC Promise Establishment Act, which would have
37	37	provided up to $37,500 in tuition and non-tuition assistance to District students who met income
38	38	and residency criteria. This law was never funded, in part because of the fear that funding DC
39	39	Promise, which included undocumented students among the eligible beneficiaries, would cause the
40	40	then-Republican-controlled Congress to eliminate the federally-funded DC Tuition Assistance Grant
41	41	(DC TAG) program. DC TAG provides resources to DC students comparable to those that state
42	42	governments offer to their students. However, because DC TAG and the District’s laws are subject
43	43	to Congressional approval, undocumented students who lack lawful status in the United States have
44	44	been excluded. Undocumented students who achieve success in high school and work to pursue
45	45	postsecondary education should not be denied the opportunity to continue their educational
46	46	pursuits.
47	47
48	48	Christina Henderson Committee Member
49	49	Councilmember, At-Large Hospital and Health Equity
50	50	Chairperson, Committee on Health Judiciary and Public Safety
51	51	Transportation and the Environment
52	52	COUNCIL OF THE DISTRICT OF COLUMBIA
53	53	The John A. Wilson Building
54	54	1350 Pennsylvania Avenue, nw
55	55	Washington, D.C. 20004
56	56
57	57
58	58
59	59	Higher education is often priced as if it were a luxury good. This is nearly always true for low-
60	60	income students who lack citizenship in the United States. I believe that the Council can and should
61	61	provide financial assistance to our high-achieving undocumented students. I look forward to
62	62	working with my colleagues on the Council, the Chairman, and others to pass this legislation which
63	63	will help the District’s undocumented students meet their goals of higher education.
64	64	_______________________________ _______________________________ 1
65	65	Councilmember Charles Allen Councilmember Christina Henderson 2
66	66	3
67	67	4
68	68	_______________________________ _______________________________ 5
69	69	Councilmember Janeese Lewis George Councilmember Brianne K. Nadeau 6
70	70	7
71	71	8
72	72	_______________________________ _______________________________ 9
73	73	Councilmember Zachary Parker Councilmember Trayon White, Sr. 10
74	74	11
75	75	12
76	76	13
77	77	_______________________________ _______________________________ 14
78	78	Councilmember Kenyan R. McDuffie Councilmember Brooke Pinto 15
79	79	16
80	80	17
81	81	18
82	82	AN ACT 19
83	83	20
84	84	_______________ 21
85	85	22
86	86	23
87	87	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
88	88	25
89	89	_______________________ 26
90	90	27
91	91	To establish the DC Advancing College Hopes for Immigrants’ Education and Vocational 28
92	92	Enrichment Scholarship (ACHIEVES) program to provide grants to institutions of higher 29
93	93	education on behalf of District students without lawful status in the United States who are 30
94	94	ineligible for federal student tuition assistance, to establish a nonlapsing fund to support 31
95	95	the program, to establish eligibility criteria and conditions of participation, to establish 32
96	96	grant award amounts, and to require the Mayor to issue rules to implement this act. 33
97	97	34
98	98	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 35
99	99	act may be cited as the “DC ACHIEVES Establishment Act of 2023”. 36
100	100	Sec. 2. Definitions. 37
101	101	For the purposes of this act, the term: 38
102	102	(1) “Academic year” shall have the same meaning as provided in 34 CFR § 668.3. 39
103	103	(2) “Fund” means the DC ACHIEVES Fund established by section 4. 40 (3) “Home school student” means a student in the District who is participating or has 41
104	104	participated in a home schooling program that meets the requirements set forth in District law 42
105	105	and regulation. 43
106	106	(4) “Institution of higher education” means an educational institution that: 44
107	107	(A) Admits as regular students persons having a certificate of graduation 45
108	108	from a school providing secondary education, or the recognized equivalent of a secondary school 46
109	109	diploma; 47
110	110	(B) Is legally authorized within a state to provide a program of education beyond 48
111	111	secondary education; 49
112	112	(C) Provides: 50
113	113	(i) An educational program for which the institution awards a bachelor's 51
114	114	degree; 52
115	115	(ii) or provides not less than a 2-year program that is acceptable for full 53
116	116	credit toward such a degree; or 54
117	117	(iii) Not less than a one-year program of training to prepare students for 55
118	118	gainful employment in a recognized occupation; 56
119	119	(D) Is a public or private nonprofit institution; and 57
120	120	(E) Is accredited by a nationally recognized accrediting agency or association, or 58
121	121	if not so accredited, is an institution that has been granted pre-accreditation status by such an 59
122	122	agency or association that has been recognized by the Secretary of Education of the United 60
123	123	States Department of Education for the granting of pre-accreditation status, and the Secretary of 61
124	124	Education has determined that there is satisfactory assurance that the institution will meet the 62
125	125	accreditation standards of such an agency or association within a reasonable time. 63 (5) “Median Family Income” or “MFI” means the median family income, adjusted for 64
126	126	household size, for the Washington Metropolitan Statistical Area as set forth in the periodic 65
127	127	calculation provided by the United States Department of Housing and Urban Development. 66
128	128	(6) “Non-tuition expenses” means costs associated with attending an institution of higher 67
129	129	education, excluding tuition and fees, as determined by the Mayor through rulemaking. 68
130	130	(7) “Recognized equivalent of a secondary school diploma” means a general equivalency 69
131	131	degree or other such equivalent as determined by the Mayor through rulemaking. 70
132	132	(8) “Satisfactory academic progress” means maintaining an academic standing consistent 71
133	133	with the requirements for graduation, as determined by the institution of higher education; 72
134	134	provided, that an institution of higher education may waive this requirement based on undue 73
135	135	hardship because a student has: 74
136	136	(A) Experienced the death of a relative; 75
137	137	(B) A personal injury or illness; or 76
138	138	(C) Another special circumstance as determined by the institution of 77
139	139	higher education to warrant a waiver. 78
140	140	(9) “Student without lawful status in the United States” means a student who is not a 79
141	141	citizen of the United States and who is not eligible to receive federal student tuition loans and 80
142	142	grants due to their status. 81
143	143	Sec. 3. DC ACHIEVES program establishment; administration. 82
144	144	(a) There is established the DC ACHIEVES program (“program"). The purpose of the 83
145	145	program is to assist students without lawful status in the United States who are ineligible for 84
146	146	federal tuition loan and grant programs in obtaining post-secondary education or training by 85 providing grants to institutions of higher education to support the costs associated with tuition 86
147	147	and non-tuition expenses not covered by other non-loan assistance. 87
148	148	(b)(1) Except as provided in paragraph (2) of this subsection, the Mayor shall administer 88
149	149	the DC ACHIEVES program. 89
150	150	(2) If the Mayor determines that it would result in more efficient administration, the 90
151	151	Mayor may enter into a grant, contract, or cooperative agreement with another public entity or 91
152	152	with a private entity to administer the program; provided, that the entity selected has a minimum 92
153	153	of 5 years of experience in the administration of a college scholarship program. 93
154	154	Sec. 4. DC ACHIEVES Fund. 94
155	155	(a)(1) There is established as a special fund the DC ACHIEVES Fund (“Fund”), which 95
156	156	shall be administered by the Mayor in accordance with subsections (c) and (d) of this section. 96
157	157	(b) The Fund shall consist of revenue from the following sources: 97
158	158	(1) Annual appropriations, if any; and 98
159	159	(2) Grants, gifts, or subsidies from public or private sources. 99
160	160	(c) Except as provided in subsection (d) of this section, the Fund shall be used solely for 100
161	161	the purposes of this act. 101
162	162	(d) The Mayor may use not more than 5% of the funds deposited into the Fund to pay the 102
163	163	administrative expenses of the program for the fiscal year. 103
164	164	(e)(1) The money deposited in the Fund, and any interest earned, shall not revert to the 104
165	165	unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal 105
166	166	year, or at any other time. 106
167	167	(2) Subject to authorization in an approved budget and financial plan, any funds 107
168	168	appropriated in the Fund shall be continually available without regard to fiscal year limitation. 108 Sec. 5. Eligibility. 109
169	169	(a) An individual is eligible to participate in the DC ACHIEVES program if the 110
170	170	individual: 111
171	171	(1) On or after January 1, 2024: 112
172	172	(A) Has graduated from a District secondary school; 113
173	173	(B) Has obtained a recognized equivalent of a secondary school diploma; 114
174	174	(C) Is a home school student who has completed a secondary school 115
175	175	program; 116
176	176	(2) Except as provided in subsection (c) of this section, has attended a District 117
177	177	secondary school for grades 9 through 12; 118
178	178	(3) Has not already completed a bachelor’s degree at an institution of higher 119
179	179	education; 120
180	180	(4) Has been accepted for enrollment on at least a half-time basis into an 121
181	181	institution of higher education; 122
182	182	(5) Was domiciled in the District for not less than the 12 consecutive months 123
183	183	preceding the commencement of enrollment at an institution of higher education or the time of 124
184	184	application to the DC ACHIEVES program; and 125
185	185	(6) At the time of application to the program is: 126
186	186	(A) Domiciled in the District; 127
187	187	(B) 24 years old or younger; 128
188	188	(C) From a family with an annual household taxable income of no more 129
189	189	than 200% of the MFI; 130
190	190	(D) Is a student without lawful status in the United States; and 131 (E) intends to apply to an institution of higher education on at least a half-132
191	191	time basis; 133
192	192	(b) In addition to the eligibility requirements set forth in subsection (a) of this section, an 134
193	193	individual must begin at least half-time study at an institution of higher education within 3 135
194	194	calendar years of graduating from a secondary school in the District, obtaining the recognized 136
195	195	equivalent of a secondary school diploma, or, in the case of a home school student, completing a 137
196	196	secondary school program, excluding any period of service on active duty in the armed forces or 138
197	197	service under the Peace Corps Act, approved September 22, 1961 (75 Stat. 612; 22 U.S.C. § 139
198	198	2501 et seq.), or subtitle D of title I of the National and Community Service Act of 1990, 140
199	199	approved November 16, 1990 (104 Stat. 3150; 42 U.S.C. § 12501, note). 141
200	200	(c) An individual who receives a recognized equivalent of a secondary school diploma or 142
201	201	who is a home school student who has completed a secondary school program shall be exempt 143
202	202	from the requirement of subsection (a)(2) of this section; provided, that the Mayor may establish 144
203	203	through rulemaking an alternative eligibility requirement for these individuals in lieu of the 145
204	204	requirement set forth in subsection (a)(2) of this section. 146
205	205	(d) Notwithstanding the requirements of subsection (a)(1)(A), (2), (5) and (6)(A), an 147
206	206	individual in the District’s foster care system who was placed outside the District by the foster 148
207	207	care system who meets the eligibility requirements of subsection (a)(1)(B), (3), (4), (6)(B), (C), 149
208	208	and (D) of this section shall be deemed eligible to participate in the DC ACHIEVES program. 150
209	209	(e) Subject to the availability of funds, the Mayor may expand by rulemaking eligibility 151
210	210	for the program to include individuals not eligible under the terms of this section. 152
211	211	Sec. 6. Conditions of participation. 153 (a) As a condition of participation, the Mayor shall create an application that will 154
212	212	determine program eligibility. 155
213	213	(b) To maintain eligibility for the DC ACHIEVES program, an individual shall: 156
214	214	(1) Maintain at least half-time-status at an institution of higher education; 157
215	215	(2) Maintain satisfactory academic progress at the institution of higher education; 158
216	216	(3) Continue to be domiciled in the District of Columbia throughout attendance at 159
217	217	the institution of higher education; and 160
218	218	(4) Meet any other requirements determined by the Mayor to be necessary or appropriate, 161
219	219	as set forth in rulemaking. 162
220	220	Sec. 7. DC ACHIEVES grants. 163
221	221	(a) The maximum grant award available through the DC ACHIEVES program for an 164
222	222	individual from a family that has an annual household taxable income: 165
223	223	(1) Of no more than 80% of the MFI, shall be $16,500 for any academic year with 166
224	224	a lifetime total of not more than $82,500; 167
225	225	(2) Greater than 80% but less than or equal to 125% of the MFI, shall be $14,000 168
226	226	for any academic year with a lifetime total of not more than $70,000; and 169
227	227	(3) Greater than 125% of the MFI but less than or equal to the maximum eligible 170
228	228	income as set forth in regulations issued pursuant to this act, shall be $11,500 for any academic 171
229	229	year with a lifetime total of not more than $57,500. 172
230	230	(b) In addition to the maximum grant awards set forth in subsection (a) of this section, up 173
231	231	to $10,000 per academic year may be made available for a program participant who has been in 174
232	232	the District’s foster care system. 175 (c) No grant award shall be made available to an institution of higher education on behalf 176
233	233	of a DC ACHIEVES participant more than 6 years from the date the individual was first enrolled 177
234	234	in the institution of higher education. A DC ACHIEVES participant shall be eligible for DC 178
235	235	ACHIEVES grant award for no more than 5 academic years. 179
236	236	(d) The Mayor shall prorate program grant awards for students who attend an eligible 180
237	237	institution on less than a full-time basis; provided, that no grant award shall be available for a 181
238	238	student who attends an eligible institution of higher education on less than a half-time basis. 182
239	239	(e)(1) A DC ACHIEVES grant awarded on behalf of a DC ACHIEVES program 183
240	240	participant shall be provided directly to the institution of higher education the program 184
241	241	participant is attending to be used as follows: 185
242	242	(A) The DC ACHIEVES grant shall be used to pay costs associated with tuition, 186
243	243	fees, books and materials, room and board, and other non-tuition expenses that have not been 187
244	244	satisfied by any: 188
245	245	(i) Need-based or merit-based grants from the institution of higher 189
246	246	education; 190
247	247	(ii) Scholarships; 191
248	248	(iii) Tuition or fee waivers; 192
249	249	(iv) Tuition remission that could only be used for tuition; and 193
250	250	(v) Other non-loan assistance. 194
251	251	(2) If the participant’s eligible costs are satisfied by non-loan assistance, a DC 195
252	252	ACHIEVES grant shall not be available for the period financed by the non-loan assistance. 196
253	253	(f) A DC ACHIEVES grant shall, in all cases, supplement and not supplant non-loan 197
254	254	assistance that is provided to a DC ACHIEVES program participant. 198 (g) The Mayor, in accordance with regulations issued pursuant to this act, may reduce 199
255	255	grant awards if funds available to the program are insufficient to meet the award levels 200
256	256	established in this section and to prohibit an institution of higher education from receiving DC 201
257	257	ACHIEVES grants based on a pattern of academic failure of program participants. 202
258	258	Sec. 8. Adult education. 203
259	259	(a) In addition to the grant awards available pursuant to section 7, the Mayor shall: 204
260	260	(1) Establish a grant award program within the DC ACHIEVES program to 205
261	261	support post-secondary education and training opportunities for individuals who exceed the 206
262	262	maximum eligibility age established in section 5(a)(6)(B); and 207
263	263	(2) By January 1, 2024 establish eligibility criteria and award levels for this 208
264	264	program through rulemaking. 209
265	265	(b) The Mayor may use funds in the Fund to support grants awarded pursuant to this 210
266	266	section. 211
267	267	Sec. 9. Rules. 212
268	268	The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 213
269	269	approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 214
270	270	to implement the provisions of this act. 215
271	271	Sec. 10. Applicability. 216
272	272	This act shall apply upon the inclusion of its fiscal effect in an approved budget and 217
273	273	financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in 218
274	274	a certification published by the Council in the District of Columbia Register. 219
275	275	Sec. 11. Fiscal impact statement. 220 The Council adopts the fiscal impact statement in the committee report as the fiscal 221
276	276	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 222
277	277	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 223
278	278	Sec. 12. Effective date. 224
279	279	This act shall take effect following approval by the Mayor (or in the event of veto by the 225
280	280	Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 226
281	281	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 227
282	282	24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 228
283	283	Columbia Register. 229