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Chairman Phil Mendelson

Councilmember David A. Catania

Councilmember Mary Cheh

Councilmember Marion Barry

Councilmember David Grosso

Councilmember Yvette M. Alexander

Councilmember Kenyan McDuffie

Councilmember Jack Evans

Councilmember Tommy Wells

Councilmember Anita Bonds

					A BILL

	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To establish the D.C. Promise program to provide grants to institutions of higher education on behalf of District public high school graduates, to establish a non-lapsing fund to support the program, to establish eligibility criteria and participant obligations, and to set grant award amounts.

  • BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “D.C. Promise Establishment Act of 2013”. Sec. 2. Definitions. For purposes of this act, the term: (1) “Academic year” shall have the same meaning as set forth in 34 CFR § 668.3. (2) “District public school” shall include District of Columbia Public Schools and public charter schools in the District of Columbia. (3) “Institution of higher education” shall have the same meaning as in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) “Satisfactory progress” shall have the same meaning as it is used within section 484(c) of the Higher Education Act of 1965 (20 U.S.C. § 1091(c)). Sec. 3. D.C. Promise establishment; administration. (a) There is established the District of Columbia Promise Program (“D.C. Promise”) to assist District public school graduates in obtaining post-secondary education and training by providing grants to institutions of higher education to support costs associated with tuition and other allowable costs for D.C. Promise participants. (b) The Mayor shall administer D.C. Promise and may enter into a grant, contract, or cooperative agreement with another public or private entity for the management of the program if the Mayor determines that doing so would provide for a more efficient administration; provided, that such an entity has demonstrated a minimum of five years of experience in the administration of a college scholarship program. (c)(1) There is established a non-lapsing fund called the D.C. Promise Fund (“Fund”). All funds deposited in the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available to support the D.C. Promise Program, established by this act.

  • (2) There shall be deposited into the Fund:

  • (A) Annual appropriations, if any; and

  • (B) Grants, gifts, or subsidies from public or private sources.

  • (3) The Mayor may use not more than 7 percent of the funds deposited into the Fund to pay the administrative expenses of D.C. Promise for the fiscal year.

  • Sec. 4. Eligibility.

  • (a) An individual is eligible to participate in D.C. Promise if he or she:

  • (1) Graduated from a District public school or obtained the recognized equivalent of a secondary school diploma on or after January 1, 2015;

  • (2) Has been accepted for enrollment on at least a half-time basis into an institution of higher education;

  • (3) Excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (A) Was domiciled in the District for not less than 48 consecutive months preceding the commencement of attendance at an institution of higher education; and

  • (B) Begins at least half-time study at an institution of higher education within 3 calendar years of graduating from a District public school or obtaining the recognized equivalent of a secondary school diploma;

  • (4) Has not already completed a bachelor’s degree at an institution of higher education; and

  • (5) Is from a family with an annual household taxable income of $250,000 or less at the time of application to D.C. Promise.

  • (b) Subject to the availability of funds, the Mayor may expand by rulemaking eligibility for D.C. Promise to include individuals not otherwise eligible under the terms of this section, including to those individuals who exceed the income threshold set forth in subsection (a)(5).

  • Sec. 5. Condition of participation; participant obligations.

  • (a) As a condition of participation in D.C. Promise, an individual shall, if eligible, apply for federal financial aid. If the individual is not eligible to apply for federal financial aid, alternative financial information shall be provided as determined by the Mayor.

  • (b) In order to maintain D.C. Promise eligibility, participants shall:

  • (1) Maintain at least half-time status at an institute of higher education;

  • (2) Maintain satisfactory progress in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. § 1091(c));

  • (3) Continue to be domiciled in the District of Columbia throughout attendance at the institution of higher education; and

  • (4) Meet any other requirements as determined by the Mayor through rulemaking.

  • Sec. 6. Grant awards.

  • a) D.C. Promise shall award grants on behalf of D.C. Promise participants to institutions of higher education to pay for tuition and other allowable costs as determined by the Mayor through rulemaking.

  • (b)(1) For an individual from a family that has a total gross household income equal to or less than 200% of the federal poverty level, the maximum grant award available on behalf of a D.C. Promise participant is as follows:

  • (A) For an individual who maintained continuous enrollment within District public schools from 6th grade through graduation:

  • (i) Not more than $20,000 for any academic year; and

  • (ii) A lifetime total of not more than $100,000;

  • (B) For an individual who maintained continuous enrollment within District public schools from 9th grade through graduation:

  • (i) Not more than $12,000 for any academic year; and

  • (ii) A lifetime total of not more than $60,000;

  • (C) For an individual who did not graduate from a District public school but instead obtained the recognized equivalent of a secondary school diploma:

  • (i) If the individual was domiciled in the District for not less than 84 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $20,000 for any academic year; and

  • (bb) A lifetime total of not more than $100,000;

  • (ii) If the individual was domiciled in the District for not less than 48 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $12,000 for any academic year; and

  • (bb) A lifetime total of not more than $60,000;

  • (2) For an individual from a family that has a total gross household income greater than 200% but less than or equal to 400% of the federal poverty level, the maximum grant award available on behalf of a D.C. Promise participant is as follows:

  • (A) For an individual who maintained continuous enrollment within District public schools from 6th grade through graduation:

  • (i) Not more than $15,000 for any academic year; and

  • (ii) A lifetime total of not more than $75,000;

  • (B) For an individual who maintained continuous enrollment within District public schools from 9th grade through graduation:

  • (i) Not more than $9,000 for any academic year; and

  • (ii) A lifetime total of not more than $45,000;

  • s(C) For an individual who did not graduate from a District public school but instead obtained the recognized equivalent of a secondary school diploma:

  • (i) If the individual was domiciled in the District for not less than 84 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $15,000 for any academic year; and

  • (bb) A lifetime total of not more than $75,000;

  • (ii) If the individual was domiciled in the District for not less than 48 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $9,000 for any academic year; and

  • (bb) A lifetime total of not more than $45,000;

  • (3) For an individual from a family that has a total gross household income greater than 400% but less than or equal to 600% of the federal poverty level, the maximum grant award available on behalf of a D.C. Promise participant is as follows:

  • (A) For an individual who maintained continuous enrollment within District public schools from 6th grade through graduation:

  • (i) Not more than $10,000 for any academic year; and

  • (ii) A lifetime total of not more than $50,000;

  • (B) For an individual who maintained continuous enrollment within District public schools from 9th grade through graduation:

  • (i) Not more than $6,000 for any academic year; and

  • (ii) A lifetime total of not more than $30,000;

  • (C) For an individual who did not graduate from a District public school but instead obtained the recognized equivalent of a secondary school diploma:

  • (i) If the individual was domiciled in the District for not less than 84 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $10,000 for any academic year; and

  • (bb) A lifetime total of not more than $50,000;

  • (ii) If the individual was domiciled in the District for not less than 48 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $6,000 for any academic year; and

  • (bb) A lifetime total of not more than $30,000;

  • (4) For an individual from a family that has a total gross household income greater than 600% but less than or equal to the maximum eligible income as set forth in this act or implementing regulations, the maximum grant award available on behalf of a D.C. Promise participant is as follows:

  • (A) For an individual who maintained continuous enrollment within District public schools from 6th grade through graduation:

  • (i) Not more than $5,000 for any academic year; and

  • (ii) A lifetime total of not more than $25,000;

  • (B) For an individual who maintained continuous enrollment within District public schools from 9th grade through graduation:

  • (i) Not more than $3,000 for any academic year; and

  • (ii) A lifetime total of not more than $15,000;

  • (C) For an individual who did not graduate from a District public school but instead obtained the recognized equivalent of a secondary school diploma:

  • (i) If the individual was domiciled in the District for not less than 84 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990: (aa) Not more than $5,000 for any academic year; and (bb) A lifetime total of not more than $25,000; (ii) If the individual was domiciled in the District for not less than 48 consecutive months preceding the commencement of attendance at an institution of higher education, excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act or subtitle D of title I of the National and Community Service Act of 1990:

  • (aa) Not more than $3,000 for any academic year; and

  • (bb) A lifetime total of not more than $15,000.

  • (c) No award shall exceed a six-year maximum from the date of the first semester the student is enrolled in the institution of higher education and awards will be reduced for D.C. Promise participants who are at less than full-time enrollment, with no grant awards available for participants below half-time level.

  • (d)(1) Grant awards shall be made directly to the institution of higher education and shall be used to pay for unpaid tuition and other allowable costs after the application of any federal financial aid and any other non-loan assistance such as grants, including payments awarded pursuant to the D.C. Tuition Assistance Grant program, scholarships, tuition or fee waivers, or tuition remission that could only be used for tuition and fees. If all the tuition and other allowable costs are satisfied by this other assistance, the D.C. Promise participant shall not receive an award during the payment period.

  • (2) The annual award shall supplement and not supplant the amount of grant aid that would otherwise be provided to the D.C. Promise participant.

  • (e) If the funds available to D.C. Promise for any fiscal year are insufficient to award a grant in the amount determined under subsection (b) of this section on behalf of each D.C. Promise participant:

  • (1) First, the amount of the payment made on behalf of each D.C. Promise participant who has not received funds under this section for a preceding year shall be ratably reduced; and

  • (2) After making reductions under paragraph (1) of this subsection, the amount of the payments made on behalf of all other D.C. Promise participants shall be ratably reduced.

  • Sec. 7. D.C. Promise Plus.

  • For any D.C. Promise participant that is also in the District of Columbia foster care system, an additional $10,000 per year shall be made available above and beyond the maximum amount the individual is eligible for pursuant to section 5 in order to support costs associated with living expenses and other related costs as determined by the Mayor through rulemaking.

  • Sec. 8. Rulemaking.

  • The Mayor shall, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

  • Sec. 9. Fiscal impact statement.

  • The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). Sec. 10. Effective date.

  • This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(1)) and publication in the District of Columbia Register.