State of Illinois
91st General Assembly
Legislation

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91_SB0686

 
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 1        AN  ACT  to  create  the  Higher   Education   for   Real
 2    Opportunities Act.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Higher Education for Real Opportunities Act.

 7        Section  5.   Purpose.   The  purpose  of  this Act is to
 8    improve the ability of low-income adults who  are  supporting
 9    children  to  acquire  through  post-secondary  education the
10    skills  necessary  to   qualify   for   higher   paying   job
11    opportunities.   In  addition,  this Act seeks to improve the
12    ability of the Illinois workforce  to  produce  workers  with
13    skills needed by employers.

14        Section 10.  Definitions.  In this Act:
15        "Accredited"  means that the institution is authorized to
16    do business as an educational institution in Illinois by  the
17    Board  of  Higher  Education and eligible to dispense federal
18    and State need-based student aid  under  the  laws  governing
19    such aid.
20        "Commission"   means   the  Illinois  Student  Assistance
21    Commission.
22        "HERO  program"  means  the  Higher  Education  for  Real
23    Opportunities program established under this Act.
24        "Low-income"  means  a  person  who  is  a  member  of  a
25    household of one or more related  individuals  in  which  the
26    gross  monthly  income  of all adult members is less than the
27    federal poverty level for the applicable family size.   There
28    shall  be  a  deduction  from  countable  income  under  this
29    paragraph  for  all  child  support  payments made each month
30    pursuant to  court  or  administrative  orders  by  household
 
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 1    members  to  persons  who do not live with the household.  No
 2    federal or State student assistance  shall  count  as  income
 3    under  this paragraph, except assistance that is available to
 4    the student to pay  for  living  expenses  at  the  student's
 5    discretion.   Lump sum amounts made available to students for
 6    living expenses during a school term  shall  be  prorated  to
 7    monthly amounts for purposes of this paragraph.
 8        "Post-secondary    education"    and    "institution   of
 9    post-secondary  education"  mean  an  accredited  school   or
10    program that provides educational services and offers courses
11    of  study that require as a prerequisite that students have a
12    high school diploma or  equivalency  certificate.   The  term
13    includes  community  colleges,  colleges,  universities,  and
14    vocational training programs and institutions.
15        "Supporting  minor  children"  means  that the student is
16    either (i) the custodial parent of a minor child, as  defined
17    by  State  law  or  (ii)  the  noncustodial parent of a minor
18    child, but only if the  student's  parentage  is  established
19    under  State  law  and  the student is making current monthly
20    child support payments to the  extent  required  by  a  child
21    support order.
22        "Work  requirement"  is  the amount of paid employment or
23    self-employment in which the student must engage each week in
24    order to  be  eligible  for  the  HERO  program.    The  work
25    requirement is determined by subtracting the student's credit
26    hours  plus  study  time of one and one-half hours per credit
27    hour from 40.  The remaining hours are the work  requirement.
28    College  work-study  and  other  paid  campus  employment  is
29    employment under this paragraph.

30        Section  15.  Establishment of program.  There is created
31    a program of grants and  loans  to  support  the  pursuit  of
32    post-secondary   education   by  low-income  adults  who  are
33    supporting minor children.  The program shall be known as the
 
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 1    "Higher Education for Real Opportunities" or "HERO"  program.
 2    The  program  shall be administered by the Commission through
 3    the financial  aid  offices  of  accredited  institutions  of
 4    post-secondary education in Illinois.

 5        Section  20.   Eligibility.  Students who meet all of the
 6    following  eligibility  requirements,   as   calculated   and
 7    determined at the beginning of each term by the financial aid
 8    office  of  the  institution  of post-secondary education and
 9    periodically thereafter as specified  by  the  Commission  by
10    rules,  are  eligible  for  grants  or  loans  under the HERO
11    program:
12             (1)  The student must be low-income.
13             (2)  The student must be  supporting  at  least  one
14        minor child.
15             (3)  The  student  must  meet  the work requirement,
16        provided that custodial parents  who  are  attending  the
17        institution of higher education on a full time basis need
18        not  meet  the  work requirement.  Unless the institution
19        defines the term  otherwise,  full  time  consists  of  a
20        course   load  of  at  least  12  credit  hours,  or  the
21        equivalent.
22             (4)  The student must not be receiving  cash  public
23        assistance   under   any  need-based  program  under  the
24        Illinois Public Aid Code.
25             (5)  The student must have a high school diploma  or
26        equivalency  certificate, and the student may not already
27        have a bachelor's degree.
28             (6)  The student must not have earned more than  85%
29        of  the  State median income in either of the 2 tax years
30        for which returns were to have been filed  prior  to  the
31        commencement  of  the  school term, as evidenced by State
32        tax returns.
33             (7)  To be eligible in the his or  her  first  term,
 
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 1        the  student  must  be  accepted  by  the  institution of
 2        post-secondary  education  under  its  normal  acceptance
 3        criteria.  To be eligible in his or her second term,  the
 4        student  must  have  achieved in his or her first term at
 5        least a 2.0 grade point average, on a 4.0 point scale, in
 6        his or her first term.   To  be  eligible  for  any  term
 7        thereafter, the student must have achieved at least a 2.5
 8        grade point average in his or her most recently completed
 9        term  or a cumulative grade point average of at least 2.5
10        calculated  at  the  conclusion  of  the  most   recently
11        completed  term.   The Commission shall provide by rule a
12        method by which institutions that do not have a 4.0 scale
13        or that do not grade on a traditional grade  point  scale
14        shall  determine  an  equivalent  measure  by  which  the
15        student can meet this requirement.
16             (8)  The student must be enrolled for no less than 8
17        credit  hours  during non-summer terms, or 6 credit hours
18        during summer terms.

19        Section 25.  Grants.  The following grants shall be  paid
20    to eligible students under the HERO program:
21             (1)  An amount each term to cover the actual cost of
22        required  books  and supplies or $400, whichever is less.
23        The institution may pay this amount  in  cash,  vouchers,
24        credit  arrangements with the institutional bookstore, or
25        any other means approved by the Commission.   This  grant
26        is  available  for  a  maximum  of  8 regular school year
27        semesters and 3  summer  terms,  or  the  equivalent  for
28        institutions  that use different schedules, as determined
29        by the Commission in rules.
30             (2)  A monthly  cash  stipend  according  to  family
31        size.   The  amount  shall  be  equal to one-third of the
32        monthly federal poverty  level  for  the  various  family
33        sizes.    An  updated  schedule of these amounts shall be
 
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 1        published each year by the  Commission.   This  grant  is
 2        available  for  a maximum of 40 months, which need not be
 3        consecutive.

 4        Section 30.  Loans.  The following loans may be  made  to
 5    eligible students under the HERO program:
 6             (1)    When   a  student  has  failed  to  meet  the
 7        requirement of subdivision (7) of Section 20 of this  Act
 8        with  respect  to  grade  point  average,  but  remains a
 9        student "in good standing" as defined by the  institution
10        of  post-secondary  education,  the  grants  specified in
11        Section 25 may be made as  loans  instead,  provided  the
12        student otherwise meets the eligibility requirements, and
13        shall  count  against  the  maximum number of months such
14        grants may be made.
15             (2)  After a student has exhausted  the  grants  for
16        books  specified in subdivision (1) of Section 25 of this
17        Act, the student, if otherwise eligible, may receive  the
18        same  amount as a loan for an additional 4 regular school
19        terms and 2 summer school terms,  or  the  equivalent  as
20        determined by the Commission in rules.
21             (3)   After  a student has exhausted the cash grants
22        specified in subdivision (2) of Section 25 of  this  Act,
23        the  student, if otherwise eligible, may receive the same
24        amount as a loan for an additional 32 months.
25             (4)  The total of  the  loans  received  under  this
26        Section  shall  become  due and owing 12 months after the
27        end the term in which the last possible loan was made, or
28        12   months   after   the   student   stopped   attending
29        post-secondary school, whichever is earlier, and shall be
30        subject  to  the  repayment  schedules   and   collection
31        procedures provided by the Commission by rule.  The first
32        payment on the loan shall be due in the thirteenth month,
33        according  to  a  repayment  schedule  established by the
 
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 1        institution  pursuant  to  rules   established   by   the
 2        Commission.   The  Commission  is  granted  authority  to
 3        establish rules and procedures for repayment, collection,
 4        forbearance,  or  forgiveness  that are the same as or as
 5        close  as  possible  to  those  in   effect   for   other
 6        state-funded  or  guaranteed student loans.  However, the
 7        following loan forgiveness provisions shall also apply:
 8                  (A)  If, prior to the due date of the loan, the
 9             student completes the requirements for the degree or
10             certificate the student was seeking, one-half of the
11             total amount shall be forgiven; and
12                  (B)  For each month after the due date  of  the
13             loan  in which a student who is the custodial parent
14             of a minor child does not  receive  need-based  cash
15             public  assistance  under  the  Illinois  Public Aid
16             Code, the student shall receive  forgiveness  of  an
17             amount  equal  to  one  month's payment on the loan,
18             which shall be credited against the balance  due  on
19             the  loan and constitute that month's payment on the
20             loan; receipt of such public assistance in any month
21             shall terminate the right of  the  student  to  this
22             forgiveness in any future month.
23             (5)   Persons  who  are  in  good  standing  on  the
24        repayment  of  their  loans,  who  have  eligibility  for
25        additional  loans left under this program, and who return
26        to school and are otherwise eligible for such loans,  are
27        eligible  for them.  If the person begin to receive loans
28        under this program, payments on his or  her  prior  loans
29        shall  be  suspended,  and  the  balance of the old loans
30        shall be added to the new loans when calculating the  new
31        repayment  plan  under  subdivision  (4) of this Section.
32        All provisions of subdivision (4) of this  Section  shall
33        apply  with  respect  to this new loan balance, including
34        the timing of the payments and the  application  of  loan
 
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 1        forgiveness provisions.

 2        Section 35.  Coordination with other programs.
 3        (a)  Notwithstanding any other provision of State law, as
 4    to  any  month  in which the student qualifies for a grant or
 5    loan under the HERO program, the student  shall  be  eligible
 6    for  a  State  subsidy  for  child care, subject to all other
 7    rules and procedures for that program.
 8        (b)  HERO grants and loans shall be treated the  same  as
 9    other  State  student  assistance for purposes of eligibility
10    for medical assistance under the Illinois Public Aid Code.
11        (c)  HERO grants and loans shall not be counted to reduce
12    the amount of student assistance the  student  would  receive
13    under  other State student aid programs in the absence of the
14    HERO program.  State and federal student assistance available
15    in cash for the basic living expenses of the student  may  be
16    counted  in  determining  the  student's eligibility for HERO
17    grants and loans,  but  not  in  determining  the  amount  of
18    assistance for eligible students.

19        Section  40.  Administration.  The Commission shall adopt
20    rules and procedures  for  the  administration  of  the  HERO
21    program   by   financial   aid  offices  at  institutions  of
22    post-secondary  education,  enter  into   such   inter-agency
23    agreements  as  may aid in administration, and administer the
24    program consistently  with  other  State  student  assistance
25    programs.

26        Section 999.  Effective date.  This Act takes effect upon
27    becoming law.

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