Illinois General Assembly - Full Text of Public Act 094-0133
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Public Act 094-0133


 

Public Act 0133 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0133
 
HB1051 Enrolled LRB094 07035 NHT 37177 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Higher Education Student Assistance Act is
amended by changing Sections 50, 52, and 65.15 as follows:
 
    (110 ILCS 947/50)
    Sec. 50. Minority Teachers of Illinois scholarship
program.
    (a) As used in this Section:
        "Eligible applicant" means a minority student who has
    graduated from high school or has received a General
    Educational Development Certification and has maintained a
    cumulative grade point average of no less than 2.5 on a 4.0
    scale, and who by reason thereof is entitled to apply for
    scholarships to be awarded under this Section.
        "Minority student" means a student who is either (i)
    Black (a person having origins in any of the black racial
    groups in Africa); (ii) Hispanic (a person of Spanish or
    Portuguese culture with origins in Mexico, South or Central
    America, or the Caribbean islands, regardless of race);
    (iii) Asian American (a person with origins in any of the
    original peoples of the Far East, Southeast Asia, the
    Indian subcontinent, including Pakistan, and the Pacific
    Islands, including, among others, Hawaii, Melanesia,
    Micronesia and Polynesia); or (iv) Native American (a
    person who is a member of a federally or state recognized
    Indian tribe, or whose parents or grandparents have such
    membership) and to include the native people of Alaska.
        "Qualified student" means a person (i) who is a
    resident of this State and a citizen or permanent resident
    of the United States; (ii) who is a minority student, as
    defined in this Section; (iii) who, as an eligible
    applicant, has made a timely application for a minority
    teaching scholarship under this Section; (iv) who is
    enrolled on at least a half-time basis at a qualified
    Illinois institution of higher learning; (v) who is
    enrolled in a course of study leading to teacher
    certification, including alternative teacher
    certification; (vi) who maintains a grade point average of
    no less than 2.5 on a 4.0 scale; and (vii) who continues to
    advance satisfactorily toward the attainment of a degree.
    (b) In order to encourage academically talented Illinois
minority students to pursue teaching careers at the preschool
or elementary or secondary school level, each qualified student
shall be awarded a minority teacher scholarship to any
qualified Illinois institution of higher learning. However,
preference may be given to qualified applicants enrolled at or
above the junior level.
    (c) Each minority teacher scholarship awarded under this
Section shall be in an amount sufficient to pay the tuition and
fees and room and board costs of the qualified Illinois
institution of higher learning at which the recipient is
enrolled, up to an annual maximum of $5,000; except that in the
case of a recipient who does not reside on-campus at the
institution at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee expenses
and a commuter allowance, up to an annual maximum of $5,000.
    (d) The total amount of minority teacher scholarship
assistance awarded by the Commission under this Section to an
individual in any given fiscal year, when added to other
financial assistance awarded to that individual for that year,
shall not exceed the cost of attendance at the institution at
which the student is enrolled. If the amount of minority
teacher scholarship to be awarded to a qualified student as
provided in subsection (c) of this Section exceeds the cost of
attendance at the institution at which the student is enrolled,
the minority teacher scholarship shall be reduced by an amount
equal to the amount by which the combined financial assistance
available to the student exceeds the cost of attendance.
    (e) The maximum number of academic terms for which a
qualified student can receive minority teacher scholarship
assistance shall be 8 semesters or 12 quarters.
    (f) In any academic year for which an eligible applicant
under this Section accepts financial assistance through the
Paul Douglas Teacher Scholarship Program, as authorized by
Section 551 et seq. of the Higher Education Act of 1965, the
applicant shall not be eligible for scholarship assistance
awarded under this Section.
    (g) All applications for minority teacher scholarships to
be awarded under this Section shall be made to the Commission
on forms which the Commission shall provide for eligible
applicants. The form of applications and the information
required to be set forth therein shall be determined by the
Commission, and the Commission shall require eligible
applicants to submit with their applications such supporting
documents or recommendations as the Commission deems
necessary.
    (h) Subject to a separate appropriation for such purposes,
payment of any minority teacher scholarship awarded under this
Section shall be determined by the Commission. All scholarship
funds distributed in accordance with this subsection shall be
paid to the institution and used only for payment of the
tuition and fee and room and board expenses incurred by the
student in connection with his or her attendance as an
undergraduate student at a qualified Illinois institution of
higher learning. Any minority teacher scholarship awarded
under this Section shall be applicable to 2 semesters or 3
quarters of enrollment. If a qualified student withdraws from
enrollment prior to completion of the first semester or quarter
for which the minority teacher scholarship is applicable, the
school shall refund to the Commission the full amount of the
minority teacher scholarship.
    (i) The Commission shall administer the minority teacher
scholarship aid program established by this Section and shall
make all necessary and proper rules not inconsistent with this
Section for its effective implementation.
    (j) When an appropriation to the Commission for a given
fiscal year is insufficient to provide scholarships to all
qualified students, the Commission shall allocate the
appropriation in accordance with this subsection. If funds are
insufficient to provide all qualified students with a
scholarship as authorized by this Section, the Commission shall
allocate the available scholarship funds for that fiscal year
on the basis of the date the Commission receives a complete
application form.
    (k) Notwithstanding the provisions of subsection (j) or any
other provision of this Section, at least 30% of the funds
appropriated for scholarships awarded under this Section in
each fiscal year shall be reserved for qualified male minority
applicants. If the Commission does not receive enough
applications from qualified male minorities on or before
January 1 of each fiscal year to award 30% of the funds
appropriated for these scholarships to qualified male minority
applicants, then the Commission may award a portion of the
reserved funds to qualified female minority applicants.
    (l) Prior to receiving scholarship assistance for any
academic year, each recipient of a minority teacher scholarship
awarded under this Section shall be required by the Commission
to sign an agreement under which the recipient pledges that,
within the one-year period following the termination of the
program for which the recipient was awarded a minority teacher
scholarship, the recipient (i) shall begin teaching for a
period of not less than one year for each year of scholarship
assistance he or she was awarded under this Section; and (ii)
shall fulfill this teaching obligation at a nonprofit Illinois
public, private, or parochial preschool, elementary school, or
secondary school at which no less than 30% of the enrolled
students are minority students in the year during which the
recipient begins teaching at the school; and (iii) shall, upon
request by the Commission, provide the Commission with evidence
that he or she is fulfilling or has fulfilled the terms of the
teaching agreement provided for in this subsection.
    (m) If a recipient of a minority teacher scholarship
awarded under this Section fails to fulfill the teaching
obligation set forth in subsection (l) of this Section, the
Commission shall require the recipient to repay the amount of
the scholarships received, prorated according to the fraction
of the teaching obligation not completed, at a rate of interest
equal to 5%, and, if applicable, reasonable collection fees.
The Commission is authorized to establish rules relating to its
collection activities for repayment of scholarships under this
Section. All repayments collected under this Section shall be
forwarded to the State Comptroller for deposit into the State's
General Revenue Fund.
    (n) A recipient of minority teacher scholarship shall not
be considered in violation of the agreement entered into
pursuant to subsection (l) if the recipient (i) enrolls on a
full time basis as a graduate student in a course of study
related to the field of teaching at a qualified Illinois
institution of higher learning; (ii) is serving, not in excess
of 3 years, as a member of the armed services of the United
States; (iii) is temporarily totally disabled for a period of
time not to exceed 3 years as established by sworn affidavit of
a qualified physician; (iv) is seeking and unable to find full
time employment as a teacher at an Illinois public, private, or
parochial preschool or elementary or secondary school that
satisfies the criteria set forth in subsection (l) of this
Section and is able to provide evidence of that fact; or, (v)
becomes permanently totally disabled as established by sworn
affidavit of a qualified physician; (vi) is taking additional
courses, on at least a half-time basis, needed to obtain
certification as a teacher in Illinois; or (vii) is fulfilling
teaching requirements associated with other programs
administered by the Commission and cannot concurrently fulfill
them under this Section in a period of time equal to the length
of the teaching obligation.
    (o) Scholarship recipients under this Section who withdraw
from a program of teacher education but remain enrolled in
school to continue their postsecondary studies in another
academic discipline shall not be required to commence repayment
of their Minority Teachers of Illinois scholarship so long as
they remain enrolled in school on a full-time basis or if they
can document for the Commission special circumstances that
warrant extension of repayment.
(Source: P.A. 91-670, eff. 12-22-99; 92-845, eff. 1-1-03.)
 
    (110 ILCS 947/52)
    Sec. 52. Illinois Future Teacher Corps Program.
    (a) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers, especially in teacher shortage disciplines (which
shall be defined to include early childhood education) or at
hard-to-staff schools (as defined by the Commission in
consultation with the State Board of Education), the Commission
shall, each year, receive and consider applications for
scholarship assistance under this Section. An applicant is
eligible for a scholarship under this Section when the
Commission finds that the applicant is:
        (1) a United States citizen or eligible noncitizen;
        (2) a resident of Illinois;
        (3) a high school graduate or a person who has received
    a General Educational Development Certificate;
        (4) enrolled or accepted for enrollment at or above the
    junior level, on at least a half-time basis, at an Illinois
    institution of higher learning; and
        (5) pursuing a postsecondary course of study leading to
    initial certification or pursuing additional course work
    needed to gain State Board of Education approval to teach,
    including alternative teacher certification.
    (b) Recipients shall be selected from among applicants
qualified pursuant to subsection (a) based on a combination of
the following criteria as set forth by the Commission: (1)
academic excellence; (2) status as a minority student as
defined in Section 50; and (3) financial need. Preference may
be given to previous recipients of assistance under this
Section, provided they continue to maintain eligibility and
maintain satisfactory academic progress as determined by the
institution of higher learning at which they enroll.
    (c) Each scholarship awarded under this Section shall be in
an amount sufficient to pay the tuition and fees and room and
board costs of the Illinois institution of higher learning at
which the recipient is enrolled, up to an annual maximum of
$5,000; except that in the case of a recipient who does not
reside on-campus at the institution of higher learning at which
he or she is enrolled, the amount of the scholarship shall be
sufficient to pay tuition and fee expenses and a commuter
allowance, up to an annual maximum of $5,000. For recipients
who agree to teach in a teacher shortage discipline or at a
hard-to-staff school under subsection (i) of this Section, the
Commission may, by rule and subject to appropriation, increase
the annual maximum amount to $10,000. If a recipient agrees to
teach in both a teacher shortage discipline and at a
hard-to-staff school under subsection (i) of this Section, the
Commission may increase the amount of the scholarship awarded
by up to an additional $5,000.
    (d) The total amount of scholarship assistance awarded by
the Commission under this Section to an individual in any given
fiscal year, when added to other financial assistance awarded
to that individual for that year, shall not exceed the cost of
attendance at the institution of higher learning at which the
student is enrolled.
    (e) A recipient may receive up to 4 semesters or 6 quarters
of scholarship assistance under this Section.
    (f) All applications for scholarship assistance to be
awarded under this Section shall be made to the Commission in a
form as set forth by the Commission. The form of application
and the information required to be set forth therein shall be
determined by the Commission, and the Commission shall require
eligible applicants to submit with their applications such
supporting documents as the Commission deems necessary.
    (g) Subject to a separate appropriation made for such
purposes, payment of any scholarship awarded under this Section
shall be determined by the Commission. There shall be a
separate appropriation made for scholarships awarded to
recipients who agree to teach in a teacher shortage discipline
or at a hard-to-staff school under subsection (i) of this
Section. The Commission may use for scholarship assistance
under this Section (i) all funds appropriated for scholarships
under this Section that were formerly known as ITEACH Teacher
Shortage Scholarships and (ii) all funds appropriated for
scholarships under Section 65.65 of this Act (repealed by this
amendatory Act of the 93rd General Assembly), formerly known as
Illinois Future Teacher Corps Scholarships.
    All scholarship funds distributed in accordance with this
Section shall be paid to the institution on behalf of the
recipients. Scholarship funds are applicable toward 2
semesters or 3 quarters of enrollment within an academic year.
    (h) The Commission shall administer the scholarship
program established by this Section and shall make all
necessary and proper rules not inconsistent with this Section
for its effective implementation.
    (i) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Commission to sign an
agreement under which the recipient pledges that, within the
one-year period following the termination of the academic
program for which the recipient was awarded a scholarship, the
recipient: (i) shall begin teaching for a period of not less
than 5 years, (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool or
an Illinois public elementary or secondary school, and (iii)
shall, upon request of the Commission, provide the Commission
with evidence that he or she is fulfilling or has fulfilled the
terms of the teaching agreement provided for in this
subsection.
    (j) If a recipient of a scholarship awarded under this
Section fails to fulfill the teaching obligation set forth in
subsection (i) of this Section, the Commission shall require
the recipient to repay the amount of the scholarships received,
prorated according to the fraction of the teaching obligation
not completed, plus interest at a rate of 5% and if applicable,
reasonable collection fees. The Commission is authorized to
establish rules relating to its collection activities for
repayment of scholarships under this Section. Payments
received by the Commission under this subsection (j) shall be
remitted to the State Comptroller for deposit into the General
Revenue Fund, except that that portion of a recipient's
repayment that equals the amount in expenses that the
Commission has reasonably incurred in attempting collection
from that recipient shall be remitted to the State Comptroller
for deposit into the Commission's Accounts Receivable Fund.
    (k) A recipient of a scholarship awarded by the Commission
under this Section shall not be in violation of the agreement
entered into pursuant to subsection (i) if the recipient (i)
enrolls on a full-time basis as a graduate student in a course
of study related to the field of teaching at an institution of
higher learning; (ii) is serving as a member of the armed
services of the United States; (iii) is temporarily totally
disabled, as established by sworn affidavit of a qualified
physician; or (iv) is seeking and unable to find full-time
employment as a teacher at a school that satisfies the criteria
set forth in subsection (i) and is able to provide evidence of
that fact; (v) is taking additional courses, on at least a
half-time basis, needed to obtain certification as a teacher in
Illinois; or (vi) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation.
Any such extension of the period during which the teaching
requirement must be fulfilled shall be subject to limitations
of duration as established by the Commission.
(Source: P.A. 92-845, eff. 1-1-03; 93-21, eff. 7-1-03.)
 
    (110 ILCS 947/65.15)
    Sec. 65.15. Special education teacher scholarships.
    (a) There shall be awarded annually 250 scholarships to
persons qualifying as members of any either of the following
groups:
        (1) Students who are otherwise qualified to receive a
    scholarship as provided in subsections (b) and (c) of this
    Section and who make application to the Commission for such
    scholarship and agree to take courses that will prepare the
    student for the teaching of children described in Section
    14-1 of the School Code.
        (2) Persons holding a valid certificate issued under
    the laws relating to the certification of teachers and who
    make application to the Commission for such scholarship and
    agree to take courses that will prepare them for the
    teaching of children described in Section 14-1 of the
    School Code.
        (3) Persons who (A) have graduated high school; (B)
    have not been certified as a teacher; and (C) make
    application to the Commission for such scholarship and
    agree to take courses that will prepare them for the
    teaching of children described in Section 14-1 of the
    School Code.
    Scholarships awarded under this Section shall be issued
pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the Commission
under this Section shall be affected thereby, and all such
rules and regulations shall become the rules and regulations of
the Commission until modified or changed by the Commission in
accordance with law.
    For the purposes of this Section scholarships awarded each
school year shall be deemed to be issued on July 1 of the year
prior to the start of the postsecondary school term and all
calculations for use of the scholarship shall be based on such
date. Each scholarship shall entitle its holder to exemption
from fees as provided in subsection (a) of Section 65.40 while
enrolled in a special education program of teacher education,
for a period of not more than 4 calendar years and shall be
available for use at any time during such period of study
except as provided in subsection (b) of Section 65.40.
    Scholarships issued to holders of a valid certificate
issued under the laws relating to the certification of teachers
as provided in paragraph (2) of this subsection may also
entitle the holder thereof to a program of teacher education
that will prepare the student for the teaching of children
described in Section 14-1 of the School Code at the graduate
level.
    (b) Each year, The principal, or his or her designee, of an
approved each recognized public, private and parochial high
school maintaining the twelfth grade shall certify to the
Commission, for the names and addresses of students who are
Illinois residents and are completing an application, that the
students with the intent to prepare to teach in any recognized
public, private, or parochial school of Illinois and ranked
scholastically in the upper one-half of their graduating class
or, for those not yet graduated, whose scholastic rank in the
4-year high school course of study at the end of the sixth
semester is in the upper one-half of their class.
    (c) Each holder of a scholarship must furnish proof to the
Commission, in such form and at such intervals as the
Commission prescribes, of the holder's continued enrollment in
a teacher education program qualifying the holder for the
scholarship. Any holder of a scholarship who fails to register
in a special education program of teacher education at the
university within 10 days after the commencement of the term,
quarter or semester immediately following the receipt of the
scholarship or who, having registered, withdraws from the
university or transfers out of teacher education, shall
thereupon forfeit the right to use it and it may be granted to
the person having the next highest rank as shown on the list
held by the Commission. If the person having the next highest
rank, within 10 days after notification thereof by the
Commission, fails to register at any such university in a
special education program of teacher education, or who, having
registered, withdraws from the university or transfers out of
teacher education, the scholarship may then be granted to the
person shown on the list as having the rank next below such
person.
    (d) Any person who has accepted a scholarship under the
preceding subsections of this Section must, within one year
after graduation from or termination of enrollment in a teacher
education program, begin teaching at a nonprofit Illinois
public, private, or parochial preschool or elementary or
secondary school for a period of at least 2 of the 5 years
immediately following that graduation or termination,
excluding, however, from the computation of that 5 year period
(i) any time up to 3 years spent in the military service,
whether such service occurs before or after the person
graduates; (ii) any time that person is enrolled full-time in
an academic program related to the field of teaching leading to
a graduate or postgraduate degree; (iii) the time that person
is temporarily totally disabled for a period of time not to
exceed 3 years, as established by the sworn affidavit of a
qualified physician; (iv) the time that person is seeking and
unable to find full time employment as a teacher at an Illinois
public, private, or parochial school; or (v) the time that
person is taking additional courses, on at least a half-time
basis, needed to obtain certification as a teacher in Illinois;
or (vi) the time that person is fulfilling teaching
requirements associated with other programs administered by
the Commission if he or she cannot concurrently fulfill them
under this Section in a period of time equal to the length of
the teaching obligation.
    A person who has accepted a scholarship under the preceding
subsections of this Section and who has been unable to fulfill
the teaching requirements of this Section may receive a
deferment from the obligation of repayment under this
subsection (d) under guidelines established by the Commission;
provided that no guideline established for any such purpose by
the State Board of Education prior to the effective date of
this amendatory Act of 1993 shall be affected by the transfer
to the Commission of the responsibility for administering and
implementing the provisions of this Section, and all guidelines
so established shall become the guidelines of the Commission
until modified or changed by the Commission.
    Any such person who fails to fulfill this teaching
requirement shall pay to the Commission the amount of tuition
waived by virtue of his or her acceptance of the scholarship,
together with interest at 5% per year on that amount. However,
this obligation to repay the amount of tuition waived plus
interest does not apply when the failure to fulfill the
teaching requirement results from the death or adjudication as
a person under legal disability of the person holding the
scholarship, and no claim for repayment may be filed against
the estate of such a decedent or person under legal disability.
Payments received by the Commission under this subsection (d)
shall be remitted to the State Treasurer for deposit in the
General Revenue Fund. Each person receiving a scholarship shall
be provided with a description of the provisions of this
subsection (d) at the time he or she qualifies for the benefits
of such a scholarship.
    (e) This Section is basically the same as Sections 30-1,
30-2, 30-3, and 30-4a of the School Code, which are repealed by
this amendatory Act of 1993, and shall be construed as a
continuation of the teacher scholarship program established by
that prior law, and not as a new or different teacher
scholarship program. The State Board of Education shall
transfer to the Commission, as the successor to the State Board
of Education for all purposes of administering and implementing
the provisions of this Section, all books, accounts, records,
papers, documents, contracts, agreements, and pending business
in any way relating to the teacher scholarship program
continued under this Section; and all scholarships at any time
awarded under that program by, and all applications for any
such scholarships at any time made to, the State Board of
Education shall be unaffected by the transfer to the Commission
of all responsibility for the administration and
implementation of the teacher scholarship program continued
under this Section. The State Board of Education shall furnish
to the Commission such other information as the Commission may
request to assist it in administering this Section.
(Source: P.A. 91-496, eff. 8-13-99; 92-845, eff. 1-1-03.)
 
    (110 ILCS 922/Act rep.)
    Section 10. The Child Development Teacher Scholarship Act
is repealed.
 
    Section 99. Effective date. This Act takes effect on July
1, 2005, except that the changes to Section 65.15 of the Higher
Education Student Assistance Act take effect on July 1, 2006.

Effective Date: 7/7/2005