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Public Act 91-0250
SB463 Enrolled LRB9101866NTsb
AN ACT to amend the Higher Education Student Assistance
Act by changing Sections 10 and 35.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Higher Education Student Assistance Act
is amended by changing Sections 10 and 35 as follows:
(110 ILCS 947/10)
Sec. 10. Definitions. In this Act, and except to the
extent that any of the following words or phrases is
specifically qualified by its context:
"Commission" means the Illinois Student Assistance
Commission created by this Act.
"Enrollment" means the establishment and maintenance of
an individual's status as a student in an institution of
higher learning, regardless of the terms used at the
institution to describe that status.
"Approved high school" means any public high school
located in this State; and any high school, located in this
State or elsewhere (whether designated as a high school,
secondary school, academy, preparatory school, or otherwise)
which in the judgment of the State Superintendent of
Education provides a course of instruction at the secondary
level and maintains standards of instruction substantially
equivalent to those of the public high schools located in
this State.
"Institution of higher learning", "qualified
institution", or "institution" means an educational
organization located in this State which
(1) provides at least an organized 2 year program
of collegiate grade in the liberal arts or sciences, or
both, directly applicable toward the attainment of a
baccalaureate degree or a program in health education
directly applicable toward the attainment of a
certificate, diploma, or an associate degree;
(2) either is
(A) operated by this State, or
(B) operated publicly or privately, not for
profit, or
(C) operated for profit, provided such for
profit organization
(i) offers degree programs which have
been approved by the Board of Higher Education
for a minimum of 3 years under the Academic
Degree Act, and
(ii) enrolls a majority of its students
in such degree programs, and
(iii) maintains an accredited status with
the Commission on Institutions of Higher
Education of the North Central Association of
Colleges and Schools;
(3) in the judgment of the Commission meets
standards substantially equivalent to those of comparable
institutions operated by this State; and
(4) if so required by the Commission, uses the
State as its primary guarantor of student loans made
under the federal Higher Education Act of 1965.
For otherwise eligible educational organizations which
provide academic programs for incarcerated students, the
terms "institution of higher learning", "qualified
institutions", and "institution" shall specifically exclude
academic programs for incarcerated students.
"Academic Year" means a 12 month period of time, normally
but not exclusively, from September 1 of any year through
August 31 of the ensuing year.
"Full-time student" means any undergraduate student
enrolled in 12 or more semester or quarter hours of credit
courses in any given semester or quarter or in the equivalent
number of units of registration as determined by the
Commission.
"Part-time student" means any undergraduate student,
other than a full-time student, enrolled in 6 or more
semester or quarter hours of credit courses in any given
semester or quarter or in the equivalent number of units of
registration as determined by the Commission. Beginning with
fiscal year 1999, the Commission may, on a program by program
basis, expand this definition of "part-time student" to
include students who enroll in less than 6 semester or
quarter hours of credit courses in any given semester or
quarter.
(Source: P.A. 90-122, eff. 7-17-97.)
(110 ILCS 947/35)
Sec. 35. Monetary award program.
(a) The Commission shall, each year, receive and
consider applications for grant assistance under this
Section. Subject to a separate appropriation for such
purposes, an applicant is eligible for a grant under this
Section when the Commission finds that the applicant:
(1) is a resident of this State and a citizen or
permanent resident of the United States; and
(2) in the absence of grant assistance, will be
deterred by financial considerations from completing an
educational program at the qualified institution of his
or her choice.
(b) The Commission shall award renewals only upon the
student's application and upon the Commission's finding that
the applicant:
(1) has remained a student in good standing;
(2) remains a resident of this State; and
(3) is in a financial situation that continues to
warrant assistance.
(c) All grants shall be applicable only to tuition and
necessary fee costs for 2 semesters or 3 quarters in an
academic year. Requests for summer term assistance will be
made separately and shall be considered on an individual
basis according to Commission policy. Subject to a separate
appropriation for this purpose beginning with fiscal year
2000, Each student who is awarded a grant under this Section
and is enrolled in summer school classes shall be eligible
for a summer school grant. The summer school grant amount
shall not exceed the lesser of 50 percent of the maximum
annual grant amount authorized by this Section or the actual
cost of tuition and fees at the institution at which the
student is enrolled at least part-time half-time. For the
regular academic year, the Commission shall determine the
grant amount for each full-time and part-time student, which
shall be the smallest of the following amounts:
(1) $4,320 for 2 semesters or 3 quarters of
full-time undergraduate enrollment or $2,160 for 2
semesters or 3 quarters of part-time undergraduate
enrollment, or such lesser amount as the Commission finds
to be available; or
(2) the amount which equals the 2 semesters or 3
quarters tuition and other necessary fees required
generally by the institution of all full-time
undergraduate students, or in the case of part-time
students an amount of tuition and fees for 2 semesters or
3 quarters which shall not exceed one-half the amount of
tuition and necessary fees generally charged to full-time
undergraduate students by the institution; or
(3) such amount as the Commission finds to be
appropriate in view of the applicant's financial
resources.
"Tuition and other necessary fees" as used in this Section
include the customary charge for instruction and use of
facilities in general, and the additional fixed fees charged
for specified purposes, which are required generally of
nongrant recipients for each academic period for which the
grant applicant actually enrolls, but do not include fees
payable only once or breakage fees and other contingent
deposits which are refundable in whole or in part. The
Commission may prescribe, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
(d) No applicant, including those presently receiving
scholarship assistance under this Act, is eligible for
monetary award program consideration under this Act after
receiving a baccalaureate degree or the equivalent of 10
semesters or 15 quarters of award payments. The Commission
shall determine when award payments for part-time enrollment
or interim or summer terms shall be counted as a partial
semester or quarter of payment.
(e) The Commission, in determining the number of grants
to be offered, shall take into consideration past experience
with the rate of grant funds unclaimed by recipients. The
Commission shall notify applicants that grant assistance is
contingent upon the availability of appropriated funds.
(f) The Commission may request appropriations for
deposit into the Monetary Award Program Reserve Fund. Monies
deposited into the Monetary Award Program Reserve Fund may be
expended exclusively for one purpose: to make Monetary Award
Program grants to eligible students. Amounts on deposit in
the Monetary Award Program Reserve Fund may not exceed 2% of
the current annual State appropriation for the Monetary Award
Program.
The purpose of the Monetary Award Program Reserve Fund is
to enable the Commission each year to assure as many students
as possible of their eligibility for a Monetary Award Program
grant and to do so before commencement of the academic year.
Moneys deposited in this Reserve Fund are intended to enhance
the Commission's management of the Monetary Award Program,
minimizing the necessity, magnitude, and frequency of
adjusting award amounts and ensuring that the annual Monetary
Award Program appropriation can be fully utilized.
(g) The Commission shall determine the eligibility of
and make grants to applicants enrolled at qualified
for-profit institutions in accordance with the criteria set
forth in this Section. The eligibility of applicants
enrolled at such for-profit institutions shall be limited as
follows:
(1) Beginning with the academic year 1997, only to
eligible first-time freshmen and first-time transfer
students who have attained an associate degree.
(2) Beginning with the academic year 1998, only to
eligible freshmen students, transfer students who have
attained an associate degree, and students who receive a
grant under paragraph (1) for the academic year 1997 and
whose grants are being renewed for the academic year
1998.
(3) Beginning with the academic year 1999, to all
eligible students.
(Source: P.A. 89-163, eff. 7-19-95; 89-330, eff. 8-17-95;
89-512, eff. 7-11-96; 89-626, eff. 8-9-96; 90-122, eff.
7-17-97; 90-647, eff. 7-24-98; 90-769, eff. 8-14-98; revised
9-16-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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