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91_HB2087enr HB2087 Enrolled LRB9101865NTsb 1 AN ACT to amend the Higher Education Student Assistance 2 Act by changing Sections 10 and 35. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Higher Education Student Assistance Act 6 is amended by changing Sections 10 and 35 as follows: 7 (110 ILCS 947/10) 8 Sec. 10. Definitions. In this Act, and except to the 9 extent that any of the following words or phrases is 10 specifically qualified by its context: 11 "Commission" means the Illinois Student Assistance 12 Commission created by this Act. 13 "Enrollment" means the establishment and maintenance of 14 an individual's status as a student in an institution of 15 higher learning, regardless of the terms used at the 16 institution to describe that status. 17 "Approved high school" means any public high school 18 located in this State; and any high school, located in this 19 State or elsewhere (whether designated as a high school, 20 secondary school, academy, preparatory school, or otherwise) 21 which in the judgment of the State Superintendent of 22 Education provides a course of instruction at the secondary 23 level and maintains standards of instruction substantially 24 equivalent to those of the public high schools located in 25 this State. 26 "Institution of higher learning", "qualified 27 institution", or "institution" means an educational 28 organization located in this State which 29 (1) provides at least an organized 2 year program 30 of collegiate grade in the liberal arts or sciences, or 31 both, directly applicable toward the attainment of a HB2087 Enrolled -2- LRB9101865NTsb 1 baccalaureate degree or a program in health education 2 directly applicable toward the attainment of a 3 certificate, diploma, or an associate degree; 4 (2) either is 5 (A) operated by this State, or 6 (B) operated publicly or privately, not for 7 profit, or 8 (C) operated for profit, provided such for 9 profit organization 10 (i) offers degree programs which have 11 been approved by the Board of Higher Education 12 for a minimum of 3 years under the Academic 13 Degree Act, and 14 (ii) enrolls a majority of its students 15 in such degree programs, and 16 (iii) maintains an accredited status with 17 the Commission on Institutions of Higher 18 Education of the North Central Association of 19 Colleges and Schools; 20 (3) in the judgment of the Commission meets 21 standards substantially equivalent to those of comparable 22 institutions operated by this State; and 23 (4) if so required by the Commission, uses the 24 State as its primary guarantor of student loans made 25 under the federal Higher Education Act of 1965. 26 For otherwise eligible educational organizations which 27 provide academic programs for incarcerated students, the 28 terms "institution of higher learning", "qualified 29 institutions", and "institution" shall specifically exclude 30 academic programs for incarcerated students. 31 "Academic Year" means a 12 month period of time, normally 32 but not exclusively, from September 1 of any year through 33 August 31 of the ensuing year. 34 "Full-time student" means any undergraduate student HB2087 Enrolled -3- LRB9101865NTsb 1 enrolled in 12 or more semester or quarter hours of credit 2 courses in any given semester or quarter or in the equivalent 3 number of units of registration as determined by the 4 Commission. 5 "Part-time student" means any undergraduate student, 6 other than a full-time student, enrolled in 6 or more 7 semester or quarter hours of credit courses in any given 8 semester or quarter or in the equivalent number of units of 9 registration as determined by the Commission. Beginning with 10 fiscal year 1999, the Commission may, on a program by program 11 basis, expand this definition of "part-time student" to 12 include students who enroll in less than 6 semester or 13 quarter hours of credit courses in any given semester or 14 quarter. 15 (Source: P.A. 90-122, eff. 7-17-97.) 16 (110 ILCS 947/35) 17 Sec. 35. Monetary award program. 18 (a) The Commission shall, each year, receive and 19 consider applications for grant assistance under this 20 Section. Subject to a separate appropriation for such 21 purposes, an applicant is eligible for a grant under this 22 Section when the Commission finds 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 26 deterred by financial considerations from completing an 27 educational program at the qualified institution of his 28 or her choice. 29 (b) The Commission shall award renewals only upon the 30 student's application and upon the Commission's finding that 31 the applicant: 32 (1) has remained a student in good standing; 33 (2) remains a resident of this State; and HB2087 Enrolled -4- LRB9101865NTsb 1 (3) is in a financial situation that continues to 2 warrant assistance. 3 (c) All grants shall be applicable only to tuition and 4 necessary fee costs for 2 semesters or 3 quarters in an 5 academic year. Requests for summer term assistance will be 6 made separately and shall be considered on an individual 7 basis according to Commission policy. Subject to a separate 8 appropriation for this purpose beginning with fiscal year 9 2000, each student who is awarded a grant under this Section 10 and is enrolled in summer school classes shall be eligible 11 for a summer school grant. The summer school grant amount 12 shall not exceed the lesser of 50 percent of the maximum 13 annual grant amount authorized by this Section or the actual 14 cost of tuition and fees at the institution at which the 15 student is enrolled at least part-timehalf-time. For the 16 regular academic year, the Commission shall determine the 17 grant amount for each full-time and part-time student, which 18 shall be the smallest of the following amounts: 19 (1) $4,320 for 2 semesters or 3 quarters of 20 full-time undergraduate enrollment or $2,160 for 2 21 semesters or 3 quarters of part-time undergraduate 22 enrollment, or such lesser amount as the Commission finds 23 to be available; or 24 (2) the amount which equals the 2 semesters or 3 25 quarters tuition and other necessary fees required 26 generally by the institution of all full-time 27 undergraduate students, or in the case of part-time 28 students an amount of tuition and fees for 2 semesters or 29 3 quarters which shall not exceed one-half the amount of 30 tuition and necessary fees generally charged to full-time 31 undergraduate students by the institution; or 32 (3) such amount as the Commission finds to be 33 appropriate in view of the applicant's financial 34 resources. HB2087 Enrolled -5- LRB9101865NTsb 1 "Tuition and other necessary fees" as used in this Section 2 include the customary charge for instruction and use of 3 facilities in general, and the additional fixed fees charged 4 for specified purposes, which are required generally of 5 nongrant recipients for each academic period for which the 6 grant applicant actually enrolls, but do not include fees 7 payable only once or breakage fees and other contingent 8 deposits which are refundable in whole or in part. The 9 Commission may prescribe, by rule not inconsistent with this 10 Section, detailed provisions concerning the computation of 11 tuition and other necessary fees. 12 (d) No applicant, including those presently receiving 13 scholarship assistance under this Act, is eligible for 14 monetary award program consideration under this Act after 15 receiving a baccalaureate degree or the equivalent of 10 16 semesters or 15 quarters of award payments. The Commission 17 shall determine when award payments for part-time enrollment 18 or interim or summer terms shall be counted as a partial 19 semester or quarter of payment. 20 (e) The Commission, in determining the number of grants 21 to be offered, shall take into consideration past experience 22 with the rate of grant funds unclaimed by recipients. The 23 Commission shall notify applicants that grant assistance is 24 contingent upon the availability of appropriated funds. 25 (f) The Commission may request appropriations for 26 deposit into the Monetary Award Program Reserve Fund. Monies 27 deposited into the Monetary Award Program Reserve Fund may be 28 expended exclusively for one purpose: to make Monetary Award 29 Program grants to eligible students. Amounts on deposit in 30 the Monetary Award Program Reserve Fund may not exceed 2% of 31 the current annual State appropriation for the Monetary Award 32 Program. 33 The purpose of the Monetary Award Program Reserve Fund is 34 to enable the Commission each year to assure as many students HB2087 Enrolled -6- LRB9101865NTsb 1 as possible of their eligibility for a Monetary Award Program 2 grant and to do so before commencement of the academic year. 3 Moneys deposited in this Reserve Fund are intended to enhance 4 the Commission's management of the Monetary Award Program, 5 minimizing the necessity, magnitude, and frequency of 6 adjusting award amounts and ensuring that the annual Monetary 7 Award Program appropriation can be fully utilized. 8 (g) The Commission shall determine the eligibility of 9 and make grants to applicants enrolled at qualified 10 for-profit institutions in accordance with the criteria set 11 forth in this Section. The eligibility of applicants 12 enrolled at such for-profit institutions shall be limited as 13 follows: 14 (1) Beginning with the academic year 1997, only to 15 eligible first-time freshmen and first-time transfer 16 students who have attained an associate degree. 17 (2) Beginning with the academic year 1998, only to 18 eligible freshmen students, transfer students who have 19 attained an associate degree, and students who receive a 20 grant under paragraph (1) for the academic year 1997 and 21 whose grants are being renewed for the academic year 22 1998. 23 (3) Beginning with the academic year 1999, to all 24 eligible students. 25 (Source: P.A. 89-163, eff. 7-19-95; 89-330, eff. 8-17-95; 26 89-512, eff. 7-11-96; 89-626, eff. 8-9-96; 90-122, eff. 27 7-17-97; 90-647, eff. 7-24-98; 90-769, eff. 8-14-98; revised 28 9-16-98.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.