93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5151

 

Introduced 02/05/04, by Susana Mendoza

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 947/50
110 ILCS 947/52
110 ILCS 947/65.15
110 ILCS 922/Act rep.

    Amends the Higher Education Student Assistance Act. In provisions concerning repayment of a Minority Teachers of Illinois scholarship or a special education teacher scholarship, provides that that portion of a scholarship recipient's repayment that equals the amount in expenses that the Illinois Student Assistance Commission has reasonably incurred in attempting collection from that recipient shall be deposited into the Commission's Accounts Receivable Fund (now, total amount of repayment is deposited into the General Revenue Fund). Under the Illinois Future Teacher Corps Program, provides that a scholarship recipient is not in violation of the teaching obligation agreement if he or she is taking additional courses needed to obtain certification as a teacher. In the special education teacher scholarship provisions, makes changes concerning certification of a student's scholastic rank. Repeals the Child Development Teacher Scholarship Act. Effective July 1, 2004.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning higher education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Higher Education Student Assistance Act is
5 amended by changing Sections 50, 52, and 65.15 as follows:
 
6     (110 ILCS 947/50)
7     Sec. 50. Minority Teachers of Illinois scholarship
8 program.
9     (a) As used in this Section:
10         "Eligible applicant" means a minority student who has
11     graduated from high school or has received a General
12     Educational Development Certification and has maintained a
13     cumulative grade point average of no less than 2.5 on a 4.0
14     scale, and who by reason thereof is entitled to apply for
15     scholarships to be awarded under this Section.
16         "Minority student" means a student who is either (i)
17     Black (a person having origins in any of the black racial
18     groups in Africa); (ii) Hispanic (a person of Spanish or
19     Portuguese culture with origins in Mexico, South or Central
20     America, or the Caribbean islands, regardless of race);
21     (iii) Asian American (a person with origins in any of the
22     original peoples of the Far East, Southeast Asia, the
23     Indian subcontinent, including Pakistan, and the Pacific
24     Islands, including, among others, Hawaii, Melanesia,
25     Micronesia and Polynesia); or (iv) Native American (a
26     person who is a member of a federally or state recognized
27     Indian tribe, or whose parents or grandparents have such
28     membership) and to include the native people of Alaska.
29         "Qualified student" means a person (i) who is a
30     resident of this State and a citizen or permanent resident
31     of the United States; (ii) who is a minority student, as
32     defined in this Section; (iii) who, as an eligible

 

 

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1     applicant, has made a timely application for a minority
2     teaching scholarship under this Section; (iv) who is
3     enrolled on at least a half-time basis at a qualified
4     Illinois institution of higher learning; (v) who is
5     enrolled in a course of study leading to teacher
6     certification, including alternative teacher
7     certification; (vi) who maintains a grade point average of
8     no less than 2.5 on a 4.0 scale; and (vii) who continues to
9     advance satisfactorily toward the attainment of a degree.
10     (b) In order to encourage academically talented Illinois
11 minority students to pursue teaching careers at the preschool
12 or elementary or secondary school level, each qualified student
13 shall be awarded a minority teacher scholarship to any
14 qualified Illinois institution of higher learning. However,
15 preference may be given to qualified applicants enrolled at or
16 above the junior level.
17     (c) Each minority teacher scholarship awarded under this
18 Section shall be in an amount sufficient to pay the tuition and
19 fees and room and board costs of the qualified Illinois
20 institution of higher learning at which the recipient is
21 enrolled, up to an annual maximum of $5,000; except that in the
22 case of a recipient who does not reside on-campus at the
23 institution at which he or she is enrolled, the amount of the
24 scholarship shall be sufficient to pay tuition and fee expenses
25 and a commuter allowance, up to an annual maximum of $5,000.
26     (d) The total amount of minority teacher scholarship
27 assistance awarded by the Commission under this Section to an
28 individual in any given fiscal year, when added to other
29 financial assistance awarded to that individual for that year,
30 shall not exceed the cost of attendance at the institution at
31 which the student is enrolled. If the amount of minority
32 teacher scholarship to be awarded to a qualified student as
33 provided in subsection (c) of this Section exceeds the cost of
34 attendance at the institution at which the student is enrolled,
35 the minority teacher scholarship shall be reduced by an amount
36 equal to the amount by which the combined financial assistance

 

 

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1 available to the student exceeds the cost of attendance.
2     (e) The maximum number of academic terms for which a
3 qualified student can receive minority teacher scholarship
4 assistance shall be 8 semesters or 12 quarters.
5     (f) In any academic year for which an eligible applicant
6 under this Section accepts financial assistance through the
7 Paul Douglas Teacher Scholarship Program, as authorized by
8 Section 551 et seq. of the Higher Education Act of 1965, the
9 applicant shall not be eligible for scholarship assistance
10 awarded under this Section.
11     (g) All applications for minority teacher scholarships to
12 be awarded under this Section shall be made to the Commission
13 on forms which the Commission shall provide for eligible
14 applicants. The form of applications and the information
15 required to be set forth therein shall be determined by the
16 Commission, and the Commission shall require eligible
17 applicants to submit with their applications such supporting
18 documents or recommendations as the Commission deems
19 necessary.
20     (h) Subject to a separate appropriation for such purposes,
21 payment of any minority teacher scholarship awarded under this
22 Section shall be determined by the Commission. All scholarship
23 funds distributed in accordance with this subsection shall be
24 paid to the institution and used only for payment of the
25 tuition and fee and room and board expenses incurred by the
26 student in connection with his or her attendance as an
27 undergraduate student at a qualified Illinois institution of
28 higher learning. Any minority teacher scholarship awarded
29 under this Section shall be applicable to 2 semesters or 3
30 quarters of enrollment. If a qualified student withdraws from
31 enrollment prior to completion of the first semester or quarter
32 for which the minority teacher scholarship is applicable, the
33 school shall refund to the Commission the full amount of the
34 minority teacher scholarship.
35     (i) The Commission shall administer the minority teacher
36 scholarship aid program established by this Section and shall

 

 

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1 make all necessary and proper rules not inconsistent with this
2 Section for its effective implementation.
3     (j) When an appropriation to the Commission for a given
4 fiscal year is insufficient to provide scholarships to all
5 qualified students, the Commission shall allocate the
6 appropriation in accordance with this subsection. If funds are
7 insufficient to provide all qualified students with a
8 scholarship as authorized by this Section, the Commission shall
9 allocate the available scholarship funds for that fiscal year
10 on the basis of the date the Commission receives a complete
11 application form.
12     (k) Notwithstanding the provisions of subsection (j) or any
13 other provision of this Section, at least 30% of the funds
14 appropriated for scholarships awarded under this Section in
15 each fiscal year shall be reserved for qualified male minority
16 applicants. If the Commission does not receive enough
17 applications from qualified male minorities on or before
18 January 1 of each fiscal year to award 30% of the funds
19 appropriated for these scholarships to qualified male minority
20 applicants, then the Commission may award a portion of the
21 reserved funds to qualified female minority applicants.
22     (l) Prior to receiving scholarship assistance for any
23 academic year, each recipient of a minority teacher scholarship
24 awarded under this Section shall be required by the Commission
25 to sign an agreement under which the recipient pledges that,
26 within the one-year period following the termination of the
27 program for which the recipient was awarded a minority teacher
28 scholarship, the recipient (i) shall begin teaching for a
29 period of not less than one year for each year of scholarship
30 assistance he or she was awarded under this Section; and (ii)
31 shall fulfill this teaching obligation at a nonprofit Illinois
32 public, private, or parochial preschool, elementary school, or
33 secondary school at which no less than 30% of the enrolled
34 students are minority students in the year during which the
35 recipient begins teaching at the school; and (iii) shall, upon
36 request by the Commission, provide the Commission with evidence

 

 

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1 that he or she is fulfilling or has fulfilled the terms of the
2 teaching agreement provided for in this subsection.
3     (m) If a recipient of a minority teacher scholarship
4 awarded under this Section fails to fulfill the teaching
5 obligation set forth in subsection (l) of this Section, the
6 Commission shall require the recipient to repay the amount of
7 the scholarships received, prorated according to the fraction
8 of the teaching obligation not completed, at a rate of interest
9 equal to 5%, and, if applicable, reasonable collection fees.
10 The Commission is authorized to establish rules relating to its
11 collection activities for repayment of scholarships under this
12 Section. All repayments collected under this Section shall be
13 forwarded to the State Comptroller for deposit into the State's
14 General Revenue Fund, except that that portion of a recipient's
15 repayment that equals the amount in expenses that the
16 Commission has reasonably incurred in attempting collection
17 from that recipient shall be forwarded to the State Comptroller
18 for deposit into the Commission's Accounts Receivable Fund.
19     (n) A recipient of minority teacher scholarship shall not
20 be considered in violation of the agreement entered into
21 pursuant to subsection (l) if the recipient (i) enrolls on a
22 full time basis as a graduate student in a course of study
23 related to the field of teaching at a qualified Illinois
24 institution of higher learning; (ii) is serving, not in excess
25 of 3 years, as a member of the armed services of the United
26 States; (iii) is temporarily totally disabled for a period of
27 time not to exceed 3 years as established by sworn affidavit of
28 a qualified physician; (iv) is seeking and unable to find full
29 time employment as a teacher at an Illinois public, private, or
30 parochial preschool or elementary or secondary school that
31 satisfies the criteria set forth in subsection (l) of this
32 Section and is able to provide evidence of that fact; or, (v)
33 becomes permanently totally disabled as established by sworn
34 affidavit of a qualified physician.
35     (o) Scholarship recipients under this Section who withdraw
36 from a program of teacher education but remain enrolled in

 

 

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1 school to continue their postsecondary studies in another
2 academic discipline shall not be required to commence repayment
3 of their Minority Teachers of Illinois scholarship so long as
4 they remain enrolled in school on a full-time basis or if they
5 can document for the Commission special circumstances that
6 warrant extension of repayment.
7 (Source: P.A. 91-670, eff. 12-22-99; 92-845, eff. 1-1-03.)
 
8     (110 ILCS 947/52)
9     Sec. 52. Illinois Future Teacher Corps Program.
10     (a) In order to encourage academically talented Illinois
11 students, especially minority students, to pursue teaching
12 careers, especially in teacher shortage disciplines (which
13 shall be defined to include early childhood education) or at
14 hard-to-staff schools (as defined by the Commission in
15 consultation with the State Board of Education), the Commission
16 shall, each year, receive and consider applications for
17 scholarship assistance under this Section. An applicant is
18 eligible for a scholarship under this Section when the
19 Commission finds that the applicant is:
20         (1) a United States citizen or eligible noncitizen;
21         (2) a resident of Illinois;
22         (3) a high school graduate or a person who has received
23     a General Educational Development Certificate;
24         (4) enrolled or accepted for enrollment at or above the
25     junior level, on at least a half-time basis, at an Illinois
26     institution of higher learning; and
27         (5) pursuing a postsecondary course of study leading to
28     initial certification or pursuing additional course work
29     needed to gain State Board of Education approval to teach,
30     including alternative teacher certification.
31     (b) Recipients shall be selected from among applicants
32 qualified pursuant to subsection (a) based on a combination of
33 the following criteria as set forth by the Commission: (1)
34 academic excellence; (2) status as a minority student as
35 defined in Section 50; and (3) financial need. Preference may

 

 

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1 be given to previous recipients of assistance under this
2 Section, provided they continue to maintain eligibility and
3 maintain satisfactory academic progress as determined by the
4 institution of higher learning at which they enroll.
5     (c) Each scholarship awarded under this Section shall be in
6 an amount sufficient to pay the tuition and fees and room and
7 board costs of the Illinois institution of higher learning at
8 which the recipient is enrolled, up to an annual maximum of
9 $5,000; except that in the case of a recipient who does not
10 reside on-campus at the institution of higher learning at which
11 he or she is enrolled, the amount of the scholarship shall be
12 sufficient to pay tuition and fee expenses and a commuter
13 allowance, up to an annual maximum of $5,000. For recipients
14 who agree to teach in a teacher shortage discipline or at a
15 hard-to-staff school under subsection (i) of this Section, the
16 Commission may, by rule and subject to appropriation, increase
17 the annual maximum amount to $10,000. If a recipient agrees to
18 teach in both a teacher shortage discipline and at a
19 hard-to-staff school under subsection (i) of this Section, the
20 Commission may increase the amount of the scholarship awarded
21 by up to an additional $5,000.
22     (d) The total amount of scholarship assistance awarded by
23 the Commission under this Section to an individual in any given
24 fiscal year, when added to other financial assistance awarded
25 to that individual for that year, shall not exceed the cost of
26 attendance at the institution of higher learning at which the
27 student is enrolled.
28     (e) A recipient may receive up to 4 semesters or 6 quarters
29 of scholarship assistance under this Section.
30     (f) All applications for scholarship assistance to be
31 awarded under this Section shall be made to the Commission in a
32 form as set forth by the Commission. The form of application
33 and the information required to be set forth therein shall be
34 determined by the Commission, and the Commission shall require
35 eligible applicants to submit with their applications such
36 supporting documents as the Commission deems necessary.

 

 

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1     (g) Subject to a separate appropriation made for such
2 purposes, payment of any scholarship awarded under this Section
3 shall be determined by the Commission. There shall be a
4 separate appropriation made for scholarships awarded to
5 recipients who agree to teach in a teacher shortage discipline
6 or at a hard-to-staff school under subsection (i) of this
7 Section. The Commission may use for scholarship assistance
8 under this Section (i) all funds appropriated for scholarships
9 under this Section that were formerly known as ITEACH Teacher
10 Shortage Scholarships and (ii) all funds appropriated for
11 scholarships under Section 65.65 of this Act (repealed by this
12 amendatory Act of the 93rd General Assembly), formerly known as
13 Illinois Future Teacher Corps Scholarships.
14     All scholarship funds distributed in accordance with this
15 Section shall be paid to the institution on behalf of the
16 recipients. Scholarship funds are applicable toward 2
17 semesters or 3 quarters of enrollment within an academic year.
18     (h) The Commission shall administer the scholarship
19 program established by this Section and shall make all
20 necessary and proper rules not inconsistent with this Section
21 for its effective implementation.
22     (i) Prior to receiving scholarship assistance for any
23 academic year, each recipient of a scholarship awarded under
24 this Section shall be required by the Commission to sign an
25 agreement under which the recipient pledges that, within the
26 one-year period following the termination of the academic
27 program for which the recipient was awarded a scholarship, the
28 recipient: (i) shall begin teaching for a period of not less
29 than 5 years, (ii) shall fulfill this teaching obligation at a
30 nonprofit Illinois public, private, or parochial preschool or
31 an Illinois public elementary or secondary school, and (iii)
32 shall, upon request of the Commission, provide the Commission
33 with evidence that he or she is fulfilling or has fulfilled the
34 terms of the teaching agreement provided for in this
35 subsection.
36     (j) If a recipient of a scholarship awarded under this

 

 

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1 Section fails to fulfill the teaching obligation set forth in
2 subsection (i) of this Section, the Commission shall require
3 the recipient to repay the amount of the scholarships received,
4 prorated according to the fraction of the teaching obligation
5 not completed, plus interest at a rate of 5% and if applicable,
6 reasonable collection fees. The Commission is authorized to
7 establish rules relating to its collection activities for
8 repayment of scholarships under this Section. Payments
9 received by the Commission under this subsection (j) shall be
10 remitted to the State Comptroller for deposit into the General
11 Revenue Fund, except that that portion of a recipient's
12 repayment that equals the amount in expenses that the
13 Commission has reasonably incurred in attempting collection
14 from that recipient shall be remitted to the State Comptroller
15 for deposit into the Commission's Accounts Receivable Fund.
16     (k) A recipient of a scholarship awarded by the Commission
17 under this Section shall not be in violation of the agreement
18 entered into pursuant to subsection (i) if the recipient (i)
19 enrolls on a full-time basis as a graduate student in a course
20 of study related to the field of teaching at an institution of
21 higher learning; (ii) is serving as a member of the armed
22 services of the United States; (iii) is temporarily totally
23 disabled, as established by sworn affidavit of a qualified
24 physician; or (iv) is seeking and unable to find full-time
25 employment as a teacher at a school that satisfies the criteria
26 set forth in subsection (i) and is able to provide evidence of
27 that fact; or (v) is taking additional courses, on at least a
28 half-time basis, needed to obtain certification as a teacher.
29 Any such extension of the period during which the teaching
30 requirement must be fulfilled shall be subject to limitations
31 of duration as established by the Commission.
32 (Source: P.A. 92-845, eff. 1-1-03; 93-21, eff. 7-1-03.)
 
33     (110 ILCS 947/65.15)
34     Sec. 65.15. Special education teacher scholarships.
35     (a) There shall be awarded annually 250 scholarships to

 

 

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1 persons qualifying as members of either of the following
2 groups:
3         (1) Students who are otherwise qualified to receive a
4     scholarship as provided in subsections (b) and (c) of this
5     Section and who make application to the Commission for such
6     scholarship and agree to take courses that will prepare the
7     student for the teaching of children described in Section
8     14-1 of the School Code.
9         (2) Persons holding a valid certificate issued under
10     the laws relating to the certification of teachers and who
11     make application to the Commission for such scholarship and
12     agree to take courses that will prepare them for the
13     teaching of children described in Section 14-1 of the
14     School Code.
15     Scholarships awarded under this Section shall be issued
16 pursuant to regulations promulgated by the Commission;
17 provided that no rule or regulation promulgated by the State
18 Board of Education prior to the effective date of this
19 amendatory Act of 1993 pursuant to the exercise of any right,
20 power, duty, responsibility or matter of pending business
21 transferred from the State Board of Education to the Commission
22 under this Section shall be affected thereby, and all such
23 rules and regulations shall become the rules and regulations of
24 the Commission until modified or changed by the Commission in
25 accordance with law.
26     For the purposes of this Section scholarships awarded each
27 school year shall be deemed to be issued on July 1 of the year
28 prior to the start of the postsecondary school term and all
29 calculations for use of the scholarship shall be based on such
30 date. Each scholarship shall entitle its holder to exemption
31 from fees as provided in subsection (a) of Section 65.40 while
32 enrolled in a special education program of teacher education,
33 for a period of not more than 4 calendar years and shall be
34 available for use at any time during such period of study
35 except as provided in subsection (b) of Section 65.40.
36     Scholarships issued to holders of a valid certificate

 

 

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1 issued under the laws relating to the certification of teachers
2 as provided in paragraph (2) of this subsection may also
3 entitle the holder thereof to a program of teacher education
4 that will prepare the student for the teaching of children
5 described in Section 14-1 of the School Code at the graduate
6 level.
7     (b) Each year, The principal, or his or her designee, of an
8 approved each recognized public, private and parochial high
9 school maintaining the twelfth grade shall certify to the
10 Commission, for the names and addresses of students who are
11 Illinois residents and are completing an application, that the
12 students with the intent to prepare to teach in any recognized
13 public, private, or parochial school of Illinois and ranked
14 scholastically in the upper one-half of their graduating class
15 or, for those not yet graduated, whose scholastic rank in the
16 4-year high school course of study at the end of the sixth
17 semester is in the upper one-half of their class.
18     (c) Each holder of a scholarship must furnish proof to the
19 Commission, in such form and at such intervals as the
20 Commission prescribes, of the holder's continued enrollment in
21 a teacher education program qualifying the holder for the
22 scholarship. Any holder of a scholarship who fails to register
23 in a special education program of teacher education at the
24 university within 10 days after the commencement of the term,
25 quarter or semester immediately following the receipt of the
26 scholarship or who, having registered, withdraws from the
27 university or transfers out of teacher education, shall
28 thereupon forfeit the right to use it and it may be granted to
29 the person having the next highest rank as shown on the list
30 held by the Commission. If the person having the next highest
31 rank, within 10 days after notification thereof by the
32 Commission, fails to register at any such university in a
33 special education program of teacher education, or who, having
34 registered, withdraws from the university or transfers out of
35 teacher education, the scholarship may then be granted to the
36 person shown on the list as having the rank next below such

 

 

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1 person.
2     (d) Any person who has accepted a scholarship under the
3 preceding subsections of this Section must, within one year
4 after graduation from or termination of enrollment in a teacher
5 education program, begin teaching at a nonprofit Illinois
6 public, private, or parochial preschool or elementary or
7 secondary school for a period of at least 2 of the 5 years
8 immediately following that graduation or termination,
9 excluding, however, from the computation of that 5 year period
10 (i) any time up to 3 years spent in the military service,
11 whether such service occurs before or after the person
12 graduates; (ii) any time that person is enrolled full-time in
13 an academic program related to the field of teaching leading to
14 a graduate or postgraduate degree; (iii) the time that person
15 is temporarily totally disabled for a period of time not to
16 exceed 3 years, as established by the sworn affidavit of a
17 qualified physician; (iv) the time that person is seeking and
18 unable to find full time employment as a teacher at an Illinois
19 public, private, or parochial school; or (v) the time that
20 person is taking additional courses, on at least a half-time
21 basis, needed to obtain certification as a teacher in Illinois.
22     A person who has accepted a scholarship under the preceding
23 subsections of this Section and who has been unable to fulfill
24 the teaching requirements of this Section may receive a
25 deferment from the obligation of repayment under this
26 subsection (d) under guidelines established by the Commission;
27 provided that no guideline established for any such purpose by
28 the State Board of Education prior to the effective date of
29 this amendatory Act of 1993 shall be affected by the transfer
30 to the Commission of the responsibility for administering and
31 implementing the provisions of this Section, and all guidelines
32 so established shall become the guidelines of the Commission
33 until modified or changed by the Commission.
34     Any such person who fails to fulfill this teaching
35 requirement shall pay to the Commission the amount of tuition
36 waived by virtue of his or her acceptance of the scholarship,

 

 

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1 together with interest at 5% per year on that amount. However,
2 this obligation to repay the amount of tuition waived plus
3 interest does not apply when the failure to fulfill the
4 teaching requirement results from the death or adjudication as
5 a person under legal disability of the person holding the
6 scholarship, and no claim for repayment may be filed against
7 the estate of such a decedent or person under legal disability.
8 Payments received by the Commission under this subsection (d)
9 shall be remitted to the State Comptroller Treasurer for
10 deposit in the General Revenue Fund, except that that portion
11 of a scholarship recipient's repayment that equals the amount
12 in expenses that the Commission has reasonably incurred in
13 attempting collection from that recipient shall be remitted to
14 the State Comptroller for deposit into the Commission's
15 Accounts Receivable Fund. Each person receiving a scholarship
16 shall be provided with a description of the provisions of this
17 subsection (d) at the time he or she qualifies for the benefits
18 of such a scholarship.
19     (e) This Section is basically the same as Sections 30-1,
20 30-2, 30-3, and 30-4a of the School Code, which are repealed by
21 this amendatory Act of 1993, and shall be construed as a
22 continuation of the teacher scholarship program established by
23 that prior law, and not as a new or different teacher
24 scholarship program. The State Board of Education shall
25 transfer to the Commission, as the successor to the State Board
26 of Education for all purposes of administering and implementing
27 the provisions of this Section, all books, accounts, records,
28 papers, documents, contracts, agreements, and pending business
29 in any way relating to the teacher scholarship program
30 continued under this Section; and all scholarships at any time
31 awarded under that program by, and all applications for any
32 such scholarships at any time made to, the State Board of
33 Education shall be unaffected by the transfer to the Commission
34 of all responsibility for the administration and
35 implementation of the teacher scholarship program continued
36 under this Section. The State Board of Education shall furnish

 

 

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1 to the Commission such other information as the Commission may
2 request to assist it in administering this Section.
3 (Source: P.A. 91-496, eff. 8-13-99; 92-845, eff. 1-1-03.)
 
4     (110 ILCS 922/Act rep.)
5     Section 10. The Child Development Teacher Scholarship Act
6 is repealed.
 
7     Section 99. Effective date. This Act takes effect July 1,
8 2004.