Illinois General Assembly - Full Text of HB0049
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Full Text of HB0049  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/14/2021, by Rep. Maurice A. West, II


110 ILCS 205/9.40 new
110 ILCS 947/10
110 ILCS 947/35

    Amends the Board of Higher Education Act to prohibit the Board of Higher Education from awarding any grant funds to a private institution of higher education that is operated for profit. Amends the Higher Education Student Assistance Act to remove a for-profit educational organization from the definition of "institution of higher learning", "qualified institution", and "institution". Removes a provision allowing Monetary Award Program grants to be made to applicants enrolled at qualified for-profit institutions. Effective immediately.

LRB102 03874 CMG 13889 b






HB0049LRB102 03874 CMG 13889 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Board of Higher Education Act is amended by
5adding Section 9.40 as follows:
6    (110 ILCS 205/9.40 new)
7    Sec. 9.40. Grant funds to for-profit institutions
8prohibited. Notwithstanding any other law to the contrary, the
9Board is prohibited from awarding any grant funds to a private
10institution of higher education that is operated for profit.
11    Section 10. The Higher Education Student Assistance Act is
12amended by changing Sections 10 and 35 as follows:
13    (110 ILCS 947/10)
14    Sec. 10. Definitions. In this Act, and except to the
15extent that any of the following words or phrases is
16specifically qualified by its context:
17    "Commission" means the Illinois Student Assistance
18Commission created by this Act.
19    "Enrollment" means the establishment and maintenance of an
20individual's status as a student in an institution of higher
21learning, regardless of the terms used at the institution to



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1describe that status.
2    "Approved high school" means any public high school
3located in this State; and any high school, located in this
4State or elsewhere (whether designated as a high school,
5secondary school, academy, preparatory school, or otherwise)
6which in the judgment of the State Superintendent of Education
7provides a course of instruction at the secondary level and
8maintains standards of instruction substantially equivalent to
9those of the public high schools located in this State.
10    "Institution of higher learning", "qualified institution",
11or "institution" means an educational organization located in
12this State that: which
13        (1) provides at least an organized 2-year 2 year
14    program of collegiate grade in the liberal arts or
15    sciences, or both, directly applicable toward the
16    attainment of a baccalaureate degree or a program in
17    health education directly applicable toward the attainment
18    of a certificate, diploma, or an associate degree;
19        (2) either is:
20            (A) operated by this State; , or
21            (B) operated publicly or privately, not for
22        profit; , or
23            (C) operated for profit, provided such for profit
24        organization
25                (i) offers degree programs which have been
26            approved by the Board of Higher Education for a



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1            minimum of 3 years under the Academic Degree Act,
2            and
3                (ii) enrolls a majority of its students in
4            such degree programs, and
5                (iii) maintains an accredited status with the
6            Commission on Institutions of Higher Education of
7            the North Central Association of Colleges and
8            Schools;
9        (3) in the judgment of the Commission meets standards
10    substantially equivalent to those of comparable
11    institutions operated by this State; and
12        (4) if so required by the Commission, uses the State
13    as its primary guarantor of student loans made under the
14    federal Higher Education Act of 1965.
15For otherwise eligible educational organizations which provide
16academic programs for incarcerated students, the terms
17"institution of higher learning", "qualified institutions",
18and "institution" shall specifically exclude academic programs
19for incarcerated students.
20    "Academic year" means a 12 month period of time, normally
21but not exclusively, from September 1 of any year through
22August 31 of the ensuing year.
23    "Full-time student" means any undergraduate student
24enrolled in 12 or more semester or quarter hours of credit
25courses in any given semester or quarter or in the equivalent
26number of units of registration as determined by the



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2    "Part-time student" means any undergraduate student, other
3than a full-time student, enrolled in 6 or more semester or
4quarter hours of credit courses in any given semester or
5quarter or in the equivalent number of units of registration
6as determined by the Commission. Beginning with fiscal year
71999, the Commission may, on a program by program basis,
8expand this definition of "part-time student" to include
9students who enroll in less than 6 semester or quarter hours of
10credit courses in any given semester or quarter.
11    "Public university" means any public 4-year university in
12this State.
13    "Public university campus" means any campus under the
14governance or supervision of a public university.
15(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18.)
16    (110 ILCS 947/35)
17    Sec. 35. Monetary award program.
18    (a) The Commission shall, each year, receive and consider
19applications for grant assistance under this Section. Subject
20to a separate appropriation for such purposes, an applicant is
21eligible for a grant under this Section when the Commission
22finds that the applicant:
23        (1) is a resident of this State and a citizen or
24    permanent resident of the United States; and
25        (2) in the absence of grant assistance, will be



HB0049- 5 -LRB102 03874 CMG 13889 b

1    deterred by financial considerations from completing an
2    educational program at the qualified institution of his or
3    her choice.
4    (b) The Commission shall award renewals only upon the
5student's application and upon the Commission's finding that
6the applicant:
7        (1) has remained a student in good standing;
8        (2) remains a resident of this State; and
9        (3) is in a financial situation that continues to
10    warrant assistance.
11    (c) All grants shall be applicable only to tuition and
12necessary fee costs. The Commission shall determine the grant
13amount for each student, which shall not exceed the smallest
14of the following amounts:
15        (1) subject to appropriation, $5,468 for fiscal year
16    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
17    year 2011 and each fiscal year thereafter, or such lesser
18    amount as the Commission finds to be available, during an
19    academic year;
20        (2) the amount which equals 2 semesters or 3 quarters
21    tuition and other necessary fees required generally by the
22    institution of all full-time undergraduate students; or
23        (3) such amount as the Commission finds to be
24    appropriate in view of the applicant's financial
25    resources.
26    Subject to appropriation, the maximum grant amount for



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1students not subject to subdivision (1) of this subsection (c)
2must be increased by the same percentage as any increase made
3by law to the maximum grant amount under subdivision (1) of
4this subsection (c).
5    "Tuition and other necessary fees" as used in this Section
6include the customary charge for instruction and use of
7facilities in general, and the additional fixed fees charged
8for specified purposes, which are required generally of
9nongrant recipients for each academic period for which the
10grant applicant actually enrolls, but do not include fees
11payable only once or breakage fees and other contingent
12deposits which are refundable in whole or in part. The
13Commission may prescribe, by rule not inconsistent with this
14Section, detailed provisions concerning the computation of
15tuition and other necessary fees.
16    (d) No applicant, including those presently receiving
17scholarship assistance under this Act, is eligible for
18monetary award program consideration under this Act after
19receiving a baccalaureate degree or the equivalent of 135
20semester credit hours of award payments.
21    (d-5) In this subsection (d-5), "renewing applicant" means
22a student attending an institution of higher learning who
23received a Monetary Award Program grant during the prior
24academic year. Beginning with the processing of applications
25for the 2020-2021 academic year, the Commission shall annually
26publish a priority deadline date for renewing applicants.



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1Subject to appropriation, a renewing applicant who files by
2the published priority deadline date shall receive a grant if
3he or she continues to meet the eligibility requirements under
4this Section. A renewing applicant's failure to apply by the
5priority deadline date established under this subsection (d-5)
6shall not disqualify him or her from receiving a grant if
7sufficient funding is available to provide awards after that
9    (e) The Commission, in determining the number of grants to
10be offered, shall take into consideration past experience with
11the rate of grant funds unclaimed by recipients. The
12Commission shall notify applicants that grant assistance is
13contingent upon the availability of appropriated funds.
14    (e-5) The General Assembly finds and declares that it is
15an important purpose of the Monetary Award Program to
16facilitate access to college both for students who pursue
17postsecondary education immediately following high school and
18for those who pursue postsecondary education later in life,
19particularly Illinoisans who are dislocated workers with
20financial need and who are seeking to improve their economic
21position through education. For the 2015-2016 and 2016-2017
22academic years, the Commission shall give additional and
23specific consideration to the needs of dislocated workers with
24the intent of allowing applicants who are dislocated workers
25an opportunity to secure financial assistance even if applying
26later than the general pool of applicants. The Commission's



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1consideration shall include, in determining the number of
2grants to be offered, an estimate of the resources needed to
3serve dislocated workers who apply after the Commission
4initially suspends award announcements for the upcoming
5regular academic year, but prior to the beginning of that
6academic year. For the purposes of this subsection (e-5), a
7dislocated worker is defined as in the federal Workforce
8Innovation and Opportunity Act.
9    (f) (Blank).
10    (g) (Blank). The Commission shall determine the
11eligibility of and make grants to applicants enrolled at
12qualified for-profit institutions in accordance with the
13criteria set forth in this Section. The eligibility of
14applicants enrolled at such for-profit institutions shall be
15limited as follows:
16        (1) Beginning with the academic year 1997, only to
17    eligible first-time freshmen and first-time transfer
18    students who have attained an associate degree.
19        (2) Beginning with the academic year 1998, only to
20    eligible freshmen students, transfer students who have
21    attained an associate degree, and students who receive a
22    grant under paragraph (1) for the academic year 1997 and
23    whose grants are being renewed for the academic year 1998.
24        (3) Beginning with the academic year 1999, to all
25    eligible students.
26    (h) The Commission may adopt rules to implement this



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2(Source: P.A. 100-477, eff. 9-8-17; 100-621, eff. 7-20-18;
3100-823, eff. 8-13-18; 101-81, eff. 7-12-19.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.