Full Text of HB0738 96th General Assembly
HB0738ham003 96TH GENERAL ASSEMBLY
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Rep. Michael K. Smith
Filed: 3/27/2009
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09600HB0738ham003 |
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LRB096 07618 NHT 24722 a |
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| AMENDMENT TO HOUSE BILL 738
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| AMENDMENT NO. ______. Amend House Bill 738, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The School Code is amended by changing Sections | 6 |
| 10-23.5 and 24-12 as follows:
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| (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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| Sec. 10-23.5. Educational support personnel employees. | 9 |
| (a) To employ such
educational support personnel employees | 10 |
| as it deems advisable and to define
their employment duties; | 11 |
| provided that residency within any school district
shall not be | 12 |
| considered in determining the employment or the compensation of
| 13 |
| any such employee, or whether to retain, promote, assign or | 14 |
| transfer such
employee. If an educational support personnel | 15 |
| employee is removed or dismissed
or the hours he or she works | 16 |
| are reduced as a result of a decision of the school board (i) |
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| to decrease the number of
educational support personnel | 2 |
| employees employed by the board or (ii) to discontinue
some | 3 |
| particular type of educational support service, written notice | 4 |
| shall be
mailed to the employee and also given to the employee | 5 |
| either by certified mail,
return receipt requested, or personal | 6 |
| delivery with receipt, at least 30 days before the employee is | 7 |
| removed or dismissed or the hours he or she works are reduced, | 8 |
| together with a statement of honorable dismissal or reduction | 9 |
| in hours and the reason
therefor if applicable . However, if a | 10 |
| reduction in hours is due to an unforeseen reduction in the | 11 |
| student population, then the written notice must be mailed and | 12 |
| given to the employee at least 5 days before the hours are | 13 |
| reduced. The employee with the shorter length of continuing | 14 |
| service with the
district, within the respective category of | 15 |
| position, shall be dismissed or have his or her hours of work | 16 |
| reduced first
unless an alternative method of determining the | 17 |
| sequence of dismissal or reduction in hours is
established in a | 18 |
| collective bargaining agreement or contract between the
board | 19 |
| and any exclusive bargaining agent and except that this | 20 |
| provision shall
not impair the operation of any affirmative | 21 |
| action program in the district,
regardless of whether it exists | 22 |
| by operation of law or is conducted on a
voluntary basis by the | 23 |
| board. If the board has any vacancies that arise after the date | 24 |
| of written notice of honorable dismissal or reduction in hours | 25 |
| for the following
school term or within one calendar year from | 26 |
| the beginning of the following
school term following the |
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| written notice , the first position positions thereby becoming | 2 |
| available within a specific
category of position shall be | 3 |
| tendered to the employees so removed or dismissed or whose | 4 |
| hours have been reduced
from that category or any other | 5 |
| category of position, so far as they are qualified to hold such
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| positions. Each board shall, in consultation with any exclusive | 7 |
| employee
representative or bargaining agent, each year | 8 |
| establish a list, categorized
by positions, showing the length | 9 |
| of continuing service of each full time
educational support | 10 |
| personnel employee who is qualified to hold any such
positions, | 11 |
| unless an alternative method of determining a sequence of | 12 |
| dismissal or reduction in hours
is established as
provided for | 13 |
| in this Section, in which case a list shall be made in
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| accordance with the alternative method. Copies of the list | 15 |
| shall be
distributed to the exclusive employee representative | 16 |
| or bargaining agent on
or before February 1 of each year. Where | 17 |
| an educational support personnel
employee is dismissed by the | 18 |
| board as a result of a
decrease in the number of employees or | 19 |
| the discontinuance of the employee's
job, the employee shall be | 20 |
| paid all earned compensation on or before the
third business | 21 |
| day following his or her last day of employment.
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| The provisions of this amendatory Act of 1986 relating to | 23 |
| residency
within any school district shall not apply to cities | 24 |
| having a population
exceeding 500,000 inhabitants. The changes | 25 |
| to this subsection (a) made by this amendatory Act of the 96th | 26 |
| General Assembly are declaratory of existing law.
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| (b) In the case of a new school district or districts | 2 |
| formed in accordance with Article 11E of this Code, a school | 3 |
| district or districts that annex all of the territory of one or | 4 |
| more entire other school districts in accordance with Article 7 | 5 |
| of this Code, or a school district receiving students from a | 6 |
| deactivated school facility in accordance with Section | 7 |
| 10-22.22b of this Code, the employment of educational support | 8 |
| personnel in the new, annexing, or receiving school district | 9 |
| immediately following the reorganization shall be governed by | 10 |
| this subsection (b). Lists of the educational support personnel | 11 |
| employed in the individual districts for the school year | 12 |
| immediately prior to the effective date of the new district or | 13 |
| districts, annexation, or deactivation shall be combined for | 14 |
| the districts forming the new district or districts, for the | 15 |
| annexed and annexing districts, or for the deactivating and | 16 |
| receiving districts, as the case may be. The combined list | 17 |
| shall be categorized by positions, showing the length of | 18 |
| continuing service of each full-time educational support | 19 |
| personnel employee who is qualified to hold any such position. | 20 |
| If there are more full-time educational support personnel | 21 |
| employees on the combined list than there are available | 22 |
| positions in the new, annexing, or receiving school district, | 23 |
| then the employing school board shall first remove or dismiss | 24 |
| those educational support personnel employees with the shorter | 25 |
| length of continuing service within the respective category of | 26 |
| position, following the procedures outlined in subsection (a) |
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| of this Section. The employment and position of each | 2 |
| educational support personnel employee on the combined list not | 3 |
| so removed or dismissed shall be transferred to the new, | 4 |
| annexing, or receiving school board, and the new, annexing, or | 5 |
| receiving school board is subject to this Code with respect to | 6 |
| any educational support personnel employee so transferred as if | 7 |
| the educational support personnel employee had been the new, | 8 |
| annexing, or receiving board's employee during the time the | 9 |
| educational support personnel employee was actually employed | 10 |
| by the school board of the district from which the employment | 11 |
| and position were transferred. | 12 |
| The changes made by Public Act 95-148
shall not apply to | 13 |
| the formation of a new district or districts in accordance with | 14 |
| Article 11E of this Code, the annexation of one or more entire | 15 |
| districts in accordance with Article 7 of this Code, or the | 16 |
| deactivation of a school facility in accordance with Section | 17 |
| 10-22.22b of this Code effective on or before July 1, 2007.
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| (Source: P.A. 95-148, eff. 8-14-07; 95-396, eff. 8-23-07; | 19 |
| 95-876, eff. 8-21-08.)
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| (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
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| Sec. 24-12.
Removal or dismissal of teachers in contractual
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| continued service. If a teacher in contractual continued | 23 |
| service is
removed or dismissed as a result of a decision of | 24 |
| the board to decrease
the number of teachers employed by the | 25 |
| board or to discontinue some
particular type of teaching |
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| service, written notice shall be mailed to the
teacher and also | 2 |
| given the
teacher either by certified mail, return receipt | 3 |
| requested or
personal delivery with receipt at least 60
days | 4 |
| before
the end of the school term, together with a statement of | 5 |
| honorable
dismissal and the reason therefor, and in all such | 6 |
| cases the board shall
first remove or dismiss all teachers who | 7 |
| have not entered upon contractual
continued service before | 8 |
| removing or dismissing any teacher who has entered
upon | 9 |
| contractual continued service and who is legally qualified to | 10 |
| hold a
position currently held by a teacher who has not entered | 11 |
| upon contractual
continued service. As between teachers who | 12 |
| have entered upon contractual
continued service, the teacher or | 13 |
| teachers with the shorter length of
continuing service with the | 14 |
| district shall be dismissed first
unless an alternative method | 15 |
| of determining the sequence of dismissal is
established in a | 16 |
| collective bargaining agreement or contract between the
board | 17 |
| and a professional faculty members' organization and except | 18 |
| that
this provision shall not impair the operation of any | 19 |
| affirmative action
program in the district, regardless of | 20 |
| whether it exists by operation of
law or is conducted on a | 21 |
| voluntary basis by the board. Any teacher
dismissed as a result | 22 |
| of such decrease or discontinuance shall be paid
all earned | 23 |
| compensation on or before the third business day following
the | 24 |
| last day of pupil attendance in the regular school term. If the
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| board has any vacancies that arise after the date of written | 26 |
| notice of honorable dismissal for the following school term or |
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| within one
calendar year from the beginning of the following | 2 |
| school term following the written notice , the first position
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| positions thereby becoming available shall be tendered to the | 4 |
| teachers
so removed or dismissed so far as they are legally | 5 |
| qualified to hold
such positions; provided, however, that if | 6 |
| the number of honorable
dismissal notices based on economic | 7 |
| necessity exceeds 15% of the number of
full time equivalent | 8 |
| positions filled by certified employees (excluding
principals | 9 |
| and administrative personnel) during the preceding school | 10 |
| year,
then if the board has any vacancies for the following | 11 |
| school term or within
2 calendar years from the beginning of | 12 |
| the following
school term, the positions so becoming available | 13 |
| shall be tendered to the
teachers who were so notified and | 14 |
| removed or dismissed whenever they are
legally qualified to | 15 |
| hold such positions. Each board shall, in consultation
with any | 16 |
| exclusive employee representatives, each year establish a | 17 |
| list,
categorized by positions, showing the length of | 18 |
| continuing service of each
teacher who is qualified to hold any | 19 |
| such positions, unless an alternative
method of determining a | 20 |
| sequence of dismissal is established as provided
for in this | 21 |
| Section, in which case a list shall be made in accordance with
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| the alternative method. Copies of the list shall be distributed | 23 |
| to the
exclusive employee representative on or before February | 24 |
| 1 of each year.
Whenever the number of honorable dismissal | 25 |
| notices based upon economic
necessity exceeds 5, or 150% of the | 26 |
| average number of teachers honorably
dismissed in the preceding |
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| 3 years, whichever is more, then the board also
shall hold a | 2 |
| public hearing on the question of the dismissals. Following
the | 3 |
| hearing and board review the action to approve any such | 4 |
| reduction shall
require a majority vote of the board members.
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| If a dismissal or removal is sought for any other reason or | 6 |
| cause,
including those under Section 10-22.4, the board must | 7 |
| first approve a
motion containing specific charges by a | 8 |
| majority vote of all its
members. Written notice of such | 9 |
| charges shall be served upon the teacher
within 5 days of the | 10 |
| adoption of the motion. Such notice shall contain a
bill of | 11 |
| particulars. No hearing upon the charges is required unless the
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| teacher within 10 days after receiving notice requests in | 13 |
| writing of the
board that a hearing be scheduled, in which case | 14 |
| the board shall schedule a
hearing on those charges before a | 15 |
| disinterested hearing officer on a date
no less than 15 nor | 16 |
| more than 30 days after the enactment of the motion.
The | 17 |
| secretary of the school board shall forward a copy of the | 18 |
| notice to the
State Board of Education. Within 5 days after | 19 |
| receiving this notice of
hearing, the State Board of Education | 20 |
| shall provide a list of 5
prospective, impartial hearing | 21 |
| officers. Each person on the list must be
accredited by a | 22 |
| national arbitration organization and have had a minimum of 5
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| years of experience directly related to labor and employment
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| relations matters between educational employers and | 25 |
| educational employees or
their exclusive bargaining | 26 |
| representatives. No one on the list may
be a resident of the |
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| school district. The Board and the teacher or their
legal | 2 |
| representatives within 3 days shall alternately strike one name | 3 |
| from
the list until only one name remains. Unless waived by the | 4 |
| teacher, the
teacher shall have the right to
proceed first with | 5 |
| the striking.
Within 3 days of receipt of the first list | 6 |
| provided by the State Board of
Education, the board and the | 7 |
| teacher or their legal representatives shall each
have the | 8 |
| right to reject all prospective hearing officers named on the | 9 |
| first
list and to require the State Board of Education to | 10 |
| provide a second list of 5
prospective, impartial hearing | 11 |
| officers, none of whom were named on the first
list. Within 5 | 12 |
| days after receiving this request for a second list, the State
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| Board of Education shall provide the second list of 5 | 14 |
| prospective, impartial
hearing officers. The procedure for | 15 |
| selecting a hearing officer from the
second
list shall be the | 16 |
| same as the procedure for the first list. In the alternative
to | 17 |
| selecting a hearing officer from the first or second list | 18 |
| received from the
State Board of Education, the board and the | 19 |
| teacher or their legal
representatives may mutually agree to | 20 |
| select an impartial hearing officer who
is not on a list | 21 |
| received from the State Board of Education either by direct
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| appointment by the parties or by using procedures for the | 23 |
| appointment of an
arbitrator established by the Federal | 24 |
| Mediation and Conciliation Service or the
American Arbitration | 25 |
| Association. The parties shall notify the State Board of
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| Education of their intent to select a hearing officer using an |
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| alternative
procedure within 3 days of receipt of a list of | 2 |
| prospective hearing officers
provided by the State Board of | 3 |
| Education. Any person selected by the parties
under this | 4 |
| alternative procedure for the selection of a hearing officer | 5 |
| shall
not be a resident of the school district and shall have | 6 |
| the same qualifications
and authority as a hearing officer | 7 |
| selected from a list provided by the State
Board of Education.
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| The State Board of Education shall
promulgate uniform standards | 9 |
| and rules of procedure for such hearings. As
to prehearing | 10 |
| discovery, such rules and regulations shall, at a minimum, | 11 |
| allow
for: (1) discovery of names and addresses of persons who | 12 |
| may be called as
expert witnesses at the hearing, the omission | 13 |
| of any such name to result in
a preclusion of the testimony of | 14 |
| such witness in the absence of a showing
of good cause and the | 15 |
| express permission of the hearing officer; (2) bills
of | 16 |
| particulars; (3) written interrogatories; and (4) production | 17 |
| of relevant
documents. The per diem allowance for the hearing | 18 |
| officer shall be
determined and paid by
the State Board of | 19 |
| Education. The hearing officer
shall hold a hearing and render | 20 |
| a final decision. The teacher has
the privilege of being | 21 |
| present at the hearing with counsel and of
cross-examining | 22 |
| witnesses and may offer evidence and witnesses and present
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| defenses to the charges. The hearing officer may issue | 24 |
| subpoenas and
subpoenas duces tecum requiring the attendance of | 25 |
| witnesses and, at the
request of the teacher against whom a | 26 |
| charge is made or the board, shall
issue such subpoenas, but |
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| the hearing officer may limit the number of
witnesses to be | 2 |
| subpoenaed in behalf of the teacher or the board to not
more | 3 |
| than 10. All testimony at the hearing shall be taken under oath
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| administered by the hearing officer. The hearing officer shall | 5 |
| cause a
record of the proceedings to be kept and shall employ a | 6 |
| competent reporter
to take stenographic or stenotype notes of | 7 |
| all the testimony. The costs of
the reporter's attendance and | 8 |
| services at the hearing shall be paid by the
State Board of | 9 |
| Education. Either party desiring a transcript of the hearing
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| shall pay for the cost thereof. If in the opinion of the board
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| the interests of the school require it, the board may suspend | 12 |
| the
teacher pending the hearing, but if acquitted the teacher | 13 |
| shall not
suffer the loss of any salary by reason of the | 14 |
| suspension.
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| Before setting a hearing on charges stemming from causes | 16 |
| that are
considered remediable, a board must give the teacher | 17 |
| reasonable warning
in writing, stating specifically the causes | 18 |
| which, if not removed, may
result in charges; however, no such | 19 |
| written warning shall be required if
the causes have been the | 20 |
| subject of a remediation plan pursuant to Article
24A. The | 21 |
| hearing
officer shall consider and give weight to
all of the | 22 |
| teacher's evaluations written pursuant to Article 24A.
The | 23 |
| hearing officer shall, within 30 days from the conclusion of | 24 |
| the
hearing or closure of the record, whichever is later,
make | 25 |
| a decision as to whether or not the teacher shall be dismissed | 26 |
| and
shall give a copy of the decision to both the teacher and |
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| the school
board.
If the hearing officer fails to render a | 2 |
| decision within 30 days, the State
Board of Education shall | 3 |
| communicate with the hearing officer to determine the
date that | 4 |
| the parties can reasonably expect to receive the decision. The | 5 |
| State
Board of Education shall provide copies of all such | 6 |
| communications to the
parties. In the event the hearing officer | 7 |
| fails without good cause to make a
decision within the 30 day | 8 |
| period, the name of such hearing officer shall be
struck for a | 9 |
| period of not more than 24 months from the master list of | 10 |
| hearing
officers maintained by the State Board of Education.
If | 11 |
| a hearing officer fails
without good cause to render a decision | 12 |
| within 3 months after the hearing is
concluded or the
record is | 13 |
| closed, whichever is later,
the
State Board of Education shall | 14 |
| provide the parties with a new list of
prospective, impartial | 15 |
| hearing officers, with the same qualifications provided
| 16 |
| herein, one of whom shall be selected, as provided in this | 17 |
| Section, to review
the record and render a decision. The
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| parties may mutually agree to select a hearing officer pursuant | 19 |
| to the
alternative
procedure, as provided in this Section,
to | 20 |
| rehear the charges heard by the hearing officer who failed to | 21 |
| render a
decision.
If the hearing
officer fails without good | 22 |
| cause to render a decision within 3 months after the
hearing is | 23 |
| concluded or the record is closed, whichever is later, the | 24 |
| hearing
officer shall be removed
from the master
list of | 25 |
| hearing officers maintained by the State Board of Education.
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| The board shall not lose jurisdiction to discharge a teacher if |
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| the hearing
officer fails to render a decision within the time | 2 |
| specified in this
Section.
The decision of the hearing officer | 3 |
| is final unless reviewed as
provided in Section 24-16 of this | 4 |
| Act. In the event such review is
instituted, any costs of | 5 |
| preparing and filing the record of proceedings
shall be paid by | 6 |
| the board.
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| If a decision of the hearing officer is adjudicated upon | 8 |
| review or
appeal in favor of the teacher, then the trial court | 9 |
| shall order
reinstatement and shall determine the amount for | 10 |
| which the board is
liable including but not limited to loss of | 11 |
| income and costs incurred
therein.
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| Any teacher who is reinstated by any hearing or | 13 |
| adjudication brought
under this Section shall be assigned by | 14 |
| the board to a position
substantially similar to the one which | 15 |
| that teacher held prior to that
teacher's suspension or | 16 |
| dismissal.
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| If, by reason of any change in the boundaries of school | 18 |
| districts, or
by reason of the creation of a new school | 19 |
| district, the position held by
any teacher having a contractual | 20 |
| continued service status is transferred
from one board to the | 21 |
| control of a new or different board, the
contractual continued | 22 |
| service status of such teacher is not thereby
lost, and such | 23 |
| new or different board is subject to this Act with
respect to | 24 |
| such teacher in the same manner as if such teacher were its
| 25 |
| employee and had been its employee during the time such teacher | 26 |
| was
actually employed by the board from whose control the |
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| position was transferred. | 2 |
| The changes to this Section made by this amendatory Act of | 3 |
| the 96th General Assembly are declaratory of existing law.
| 4 |
| (Source: P.A. 89-618, eff. 8-9-96; 90-224, eff. 7-25-97.)
| 5 |
| Section 10. The Higher Education Student Assistance Act is | 6 |
| amended by adding Section 65.23 as follows: | 7 |
| (110 ILCS 947/65.23 new) | 8 |
| Sec. 65.23. STEM Teachers Loan Repayment Program. | 9 |
| (a) In order to encourage academically talented Illinois | 10 |
| students to enter and continue teaching in Illinois schools in | 11 |
| the fields of science, technology, engineering, and | 12 |
| mathematics, the Commission shall, each year, receive and | 13 |
| consider applications for loan repayment assistance under this | 14 |
| Section. This program shall be known as the STEM Teachers Loan | 15 |
| Repayment Program. The Commission shall administer the program | 16 |
| and shall make all necessary and proper rules not inconsistent | 17 |
| with this Section for the program's effective implementation. | 18 |
| The Commission may use up to 5% of the appropriation for this | 19 |
| program for administration and promotion of the program. | 20 |
| (b) Subject to a separate appropriation made for such | 21 |
| purposes, each year the Commission shall award a grant to each | 22 |
| qualified applicant in an amount equal to $5,000 or the amount | 23 |
| of higher education loans he or she must repay that year, | 24 |
| whichever is less, for up to 4 years per grant recipient. The |
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| Commission shall encourage the recipient of a grant under this | 2 |
| Section to use the grant amount awarded to pay off his or her | 3 |
| higher education loans. | 4 |
| (c) A person is a qualified applicant under this Section if | 5 |
| he or she meets all of the following qualifications: | 6 |
| (1) The person is a United States citizen or eligible | 7 |
| noncitizen. | 8 |
| (2) The person is a resident of this State. | 9 |
| (3) The person has higher education loans to repay. | 10 |
| (4) The person agrees to teach in a public secondary | 11 |
| school in this State in the field of science, technology, | 12 |
| engineering, or mathematics for a period of at least 5 | 13 |
| years beginning with the first year of acceptance of a | 14 |
| grant. If the person is unable to fulfill this teaching | 15 |
| requirement, he or she may receive a deferment from the | 16 |
| obligation of repayment under subsection (e) of this | 17 |
| Section under guidelines established by the Commission. | 18 |
| (d) All applications for grant assistance under this | 19 |
| Section shall be made to the Commission. The form of | 20 |
| application and the information required to be set forth in the | 21 |
| application shall be determined by the Commission, and the | 22 |
| Commission shall require applicants to submit with their | 23 |
| applications such supporting documents as the Commission deems | 24 |
| necessary. | 25 |
| (e) A grant recipient who fails to fulfill the teaching | 26 |
| requirement under item (4) of subsection (c) of this Section |
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| shall repay to the Commission the total amount in grants | 2 |
| received under this Section, together with interest at 5% per | 3 |
| year on that amount. However, this obligation to repay the | 4 |
| grant amount plus interest does not apply if the failure to | 5 |
| fulfill the teaching requirement results from the death or | 6 |
| adjudication as a person under legal disability of the person | 7 |
| holding the grant, and no claim for repayment may be filed | 8 |
| against the estate of such a decedent or person under legal | 9 |
| disability. Payments received by the Commission under this | 10 |
| subsection (e) shall be remitted to the State Treasurer for | 11 |
| deposit into the General Revenue Fund. Each person receiving a | 12 |
| grant under this Section must be provided with a description of | 13 |
| the provisions of this subsection (e) at the time he or she is | 14 |
| awarded the grant. | 15 |
| (f) The Commission, in consultation with the State Board of | 16 |
| Education, shall give preference to those grant applicants | 17 |
| under this Section who teach or shall agree to teach in areas | 18 |
| of this State in which a significant shortage of teachers in | 19 |
| the applicable disciplines of instruction exists.
| 20 |
| Section 99. Effective date. This Act takes effect July 1, | 21 |
| 2009.".
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