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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Mental | ||||||
5 | Health Graduate Education Scholarship Act. | ||||||
6 | Section 5. Purpose. The purpose of this Act is to establish | ||||||
7 | a program in the Department of Human Services to upgrade mental | ||||||
8 | health care services for all citizens of this State by | ||||||
9 | providing scholarships to graduate students in mental health | ||||||
10 | fields who agree to practice in areas of this State | ||||||
11 | demonstrating the greatest need for more mental health | ||||||
12 | services. The program shall encourage mental health | ||||||
13 | practitioners to locate in areas where mental health manpower | ||||||
14 | shortages exist in this State. | ||||||
15 | Section 10. Definitions. The following terms, whenever | ||||||
16 | used or referred to, have the following meanings, except where | ||||||
17 | the context clearly indicates otherwise: | ||||||
18 | "Advisory Council" means the Mental Health Consortium | ||||||
19 | Advisory Council created under Section 35 of this Act. | ||||||
20 | "Approved institution" means a public or private college or | ||||||
21 | university located in this State. | ||||||
22 | "Department" means the Department of Human Services. |
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1 | "Designated shortage area" means an area designated by the | ||||||
2 | Secretary as a shortage area, a mental health underserved area, | ||||||
3 | or a critical mental health manpower shortage area, as defined | ||||||
4 | by the United States Department of Health and Human Services or | ||||||
5 | as further defined by the Illinois Department of Human Services | ||||||
6 | to enable it to effectively fulfill the purpose stated in | ||||||
7 | Section 5 of this Act. These areas may include the following: | ||||||
8 | (1) an urban or rural area; | ||||||
9 | (2) a population group; or | ||||||
10 | (3) a public or nonprofit private mental health | ||||||
11 | facility. | ||||||
12 | "Enrollment" means the establishment and maintenance of an | ||||||
13 | individual's status as a student in an approved institution, | ||||||
14 | regardless of the terms used at the institution to describe | ||||||
15 | such status. | ||||||
16 | "Fees" means those mandatory charges, in addition to | ||||||
17 | tuition, that all enrolled students must pay, including | ||||||
18 | required course or lab fees. | ||||||
19 | "Full-time enrollment" means enrollment by a student for at | ||||||
20 | least 9 hours per school term or as otherwise determined by the | ||||||
21 | institution of higher learning. | ||||||
22 | "Mental health employment obligation" means employment in | ||||||
23 | this State as a licensed professional counselor, licensed | ||||||
24 | clinical professional counselor, licensed clinical | ||||||
25 | psychologist, licensed social worker, or licensed clinical | ||||||
26 | social worker in direct patient care in a human services |
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1 | capacity in a designated shortage area for at least one year | ||||||
2 | for each year of scholarship assistance received through the | ||||||
3 | program.
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4 | "Program" means the Mental Health Graduate Scholarship | ||||||
5 | Program. | ||||||
6 | "School term" means an academic term, such as a semester, | ||||||
7 | quarter, trimester, or number of clock hours, as defined by an | ||||||
8 | approved institution. | ||||||
9 | "Secretary" means the Secretary of Human Services. | ||||||
10 | "Student in good standing" means a student maintaining a | ||||||
11 | cumulative grade point average equivalent to at least the | ||||||
12 | academic grade of a "C". | ||||||
13 | "Total and permanent disability" means a physical or mental | ||||||
14 | impairment, disease, or loss of a permanent nature that | ||||||
15 | prevents employment with or without reasonable accommodation. | ||||||
16 | Proof of disability shall be a declaration from the federal | ||||||
17 | Social Security Administration, the Illinois Workers' | ||||||
18 | Compensation Commission, the federal Department of Defense, or | ||||||
19 | an insurer authorized to transact business in this State who is | ||||||
20 | providing disability insurance coverage to a contractor. | ||||||
21 | "Tuition" means the established charges of an institution | ||||||
22 | of higher learning for instruction at that institution.
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23 | Section 15. Creation of program; functions of Department. | ||||||
24 | The Mental Health Graduate Scholarship Program is created, to | ||||||
25 | be administered by the Department. The Department shall prepare |
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1 | and supervise the issuance of public information about the | ||||||
2 | provisions of this Act, prescribe the form and regulate the | ||||||
3 | submission of applications for scholarships, determine the | ||||||
4 | eligibility of applicants, award the appropriate scholarships, | ||||||
5 | prescribe the contracts or other acknowledgments of | ||||||
6 | scholarship that an applicant is required to execute, and | ||||||
7 | determine whether all or any part of a recipient's scholarship | ||||||
8 | needs to be monetarily repaid or has been excused from | ||||||
9 | repayment and the extent of any repayment or excused repayment. | ||||||
10 | The Department may require a scholarship recipient to reimburse | ||||||
11 | the State for expenses, including, but not limited to, | ||||||
12 | attorney's fees, incurred by the Department or other agent of | ||||||
13 | this State for a successful legal action against the recipient | ||||||
14 | for a breach of any provision of the scholarship contract. In a | ||||||
15 | breach of contract, the Department may utilize referral to the | ||||||
16 | Department of Financial and Professional Regulation to revoke, | ||||||
17 | suspend, refuse to renew, place on probationary status, or take | ||||||
18 | other disciplinary action concerning the recipient's | ||||||
19 | credentials. The Department is authorized to make all necessary | ||||||
20 | and proper rules, not inconsistent with this Act, for the | ||||||
21 | efficient exercise of its functions under this Act.
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22 | Section 20. Scholarships.
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23 | (a) Beginning with the fall term of the 2009-2010 academic | ||||||
24 | year, the Department, in accordance with rules adopted by it | ||||||
25 | for this program, shall provide scholarships to individuals |
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1 | selected from among those applicants who qualify for | ||||||
2 | consideration by showing all of the following: | ||||||
3 | (1) That the individual has been a resident of this | ||||||
4 | State
for at least one year prior to application and is a | ||||||
5 | citizen or a lawful permanent resident alien of the United | ||||||
6 | States. | ||||||
7 | (2) That the individual enrolled in or accepted into a | ||||||
8 | mental health graduate program at an approved institution. | ||||||
9 | (3) That the individual agrees to meet the mental | ||||||
10 | health
employment obligation. | ||||||
11 | (b) If in any year the number of qualified applicants | ||||||
12 | exceeds the number of scholarships to be awarded, the | ||||||
13 | Department shall, in consultation with the Advisory Council, | ||||||
14 | consider the following factors in granting priority in awarding | ||||||
15 | scholarships: | ||||||
16 | (1) Financial need, as shown on a standardized
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17 | financial needs assessment form used by an approved | ||||||
18 | institution. | ||||||
19 | (2) A student's merit, as shown through his or
her | ||||||
20 | grade point average, class rank, and other academic and | ||||||
21 | extracurricular activities.
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22 | The Department may add to and further define these merit | ||||||
23 | criteria by rule. | ||||||
24 | (c) Unless otherwise indicated, scholarships shall be | ||||||
25 | awarded to recipients at approved institutions for a period of | ||||||
26 | up to 2 years if the recipient is enrolled in a master's degree |
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1 | program and up to 4 years if the recipient is enrolled in a | ||||||
2 | doctoral degree program.
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3 | Section 25. Requirements for scholarship recipients.
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4 | (a) Within 12 months after graduation from a graduate | ||||||
5 | program in mental health, any recipient who accepts a | ||||||
6 | scholarship under this Act shall begin meeting the required | ||||||
7 | mental health employment obligation. In order to defer his or | ||||||
8 | her continuous employment obligation, a recipient must request | ||||||
9 | the deferment in writing from the Department. A recipient shall | ||||||
10 | notify program staff within 30 days if he or she spends up to 4 | ||||||
11 | years in military service before or after graduation. If a | ||||||
12 | recipient receives funding through the program for a higher | ||||||
13 | graduate degree, the mental health employment obligation shall | ||||||
14 | be deferred until he or she is no longer enrolled or has | ||||||
15 | graduated. The recipient must begin meeting the required mental | ||||||
16 | health graduate employment obligation no later than 6 months | ||||||
17 | after the end of the deferment. | ||||||
18 | (b) Any person who fails to fulfill the mental health | ||||||
19 | employment obligation shall pay to the Department an amount | ||||||
20 | equal to the amount of scholarship funds received per year for | ||||||
21 | each unfulfilled year of the mental health employment | ||||||
22 | obligation, together with interest at 7% per year on the unpaid | ||||||
23 | balance. Payment must begin within 6 months following the date | ||||||
24 | of the occurrence initiating the repayment. All repayments must | ||||||
25 | be completed within 6 years from the date of the occurrence |
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1 | initiating the repayment. However, this obligation may be | ||||||
2 | deferred and reevaluated every 6 months if the failure to | ||||||
3 | fulfill the employment obligation results from involuntarily | ||||||
4 | leaving the profession due to a decrease in the number of | ||||||
5 | counselors, psychologists, or social workers employed in this | ||||||
6 | State or if the failure to fulfill the mental health employment | ||||||
7 | obligation results from total and permanent disability. The | ||||||
8 | repayment obligation must be excused if the failure to fulfill | ||||||
9 | the mental health employment obligation results from the death | ||||||
10 | or adjudication as incompetent of the person holding the | ||||||
11 | scholarship. No claim for repayment may be filed against the | ||||||
12 | estate of such a decedent or incompetent. | ||||||
13 | (c) Each person applying for a scholarship under this Act | ||||||
14 | shall be provided with a copy of this Section at the time of | ||||||
15 | application for the benefits of the scholarship.
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16 | Section 30. Amount of scholarship. To determine the | ||||||
17 | scholarship amount, the Department shall consider tuition and | ||||||
18 | fee charges at colleges and universities statewide and | ||||||
19 | projected living expenses. Scholarship amounts for graduate | ||||||
20 | degrees in human services at a college or university shall | ||||||
21 | include 75% of the weighted tuition and fees charged by public | ||||||
22 | universities in this State plus the uniform living allowance | ||||||
23 | reported in the weighted Monetary Award Program budget. The | ||||||
24 | Department may provide that scholarships shall be on a | ||||||
25 | quarterly or semi-annual basis and must be contingent upon the |
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1 | student's diligently pursuing mental health studies and being a | ||||||
2 | student in good standing. Scholarship awards may be provided to | ||||||
3 | part-time students; the amount shall be determined by applying | ||||||
4 | the proportion represented by the part-time enrollment to | ||||||
5 | full-time enrollment ratio to the average per term scholarship | ||||||
6 | amount for a student in the same mental health degree category. | ||||||
7 | Section 35. Advisory Council.
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8 | (a) The Mental Health Consortium Advisory Council is | ||||||
9 | created, consisting of 7 members. Two members must be appointed | ||||||
10 | by the Illinois Mental Health Counselors Association, 2 members | ||||||
11 | must be appointed by the Illinois Psychological Association, 2 | ||||||
12 | members must be appointed by the National Association of Social | ||||||
13 | Workers-Illinois Chapter, and one public member must be | ||||||
14 | appointed by the Secretary.
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15 | (b) The Advisory Council shall assist and advise the | ||||||
16 | Department in the administration of this Act. | ||||||
17 | Section 40. Student enrollment and obligations of | ||||||
18 | institutions.
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19 | (a) An approved institution is free to accept a student who | ||||||
20 | is a scholarship recipient under this Act in compliance with | ||||||
21 | its own admissions requirements, standards, and policies. The | ||||||
22 | Department may disburse a scholarship for tuition and fees to | ||||||
23 | the approved institution directly for the payment of tuition | ||||||
24 | and other necessary fees or for credit against the student's |
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1 | obligation for such tuition and fees, and, upon acceptance | ||||||
2 | thereof, the approved institution shall be contractually | ||||||
3 | obligated (i) to provide facilities and instruction to the | ||||||
4 | student on the same terms as to other students generally and | ||||||
5 | (ii) to provide the notices and information described in this | ||||||
6 | Section. | ||||||
7 | (b) If, in the course of an academic period, a student | ||||||
8 | enrolled in an approved institution pursuant to a scholarship | ||||||
9 | granted under this Act shall for any reason cease to be a | ||||||
10 | student in good standing, the institution shall promptly give | ||||||
11 | written notice to the Department concerning such change of | ||||||
12 | status and the reason thereof. | ||||||
13 | (c) A student to whom a renewal scholarship has been | ||||||
14 | awarded may either re-enroll in the institution that he or she | ||||||
15 | attended during the preceding year or enroll in any other | ||||||
16 | approved institution; and, in either event, the institution | ||||||
17 | accepting the student for such enrollment or re-enrollment | ||||||
18 | shall notify the Department of such acceptance.
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19 | Section 45. Program funding. Money for scholarships under | ||||||
20 | this Act shall come from the General Revenue Fund, as | ||||||
21 | appropriated from time to time by the General Assembly, and | ||||||
22 | from the Department of Financial and Professional Regulation's | ||||||
23 | licensure fund collected for counselor, psychologist, and | ||||||
24 | social worker licensure.
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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