State of Illinois
91st General Assembly
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Public Act 91-0496

HB1657 Enrolled                                LRB9101869NTsb

    AN ACT to amend the Higher Education  Student  Assistance
Act by changing Sections 40, 65.15, and 65.40.

    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  40,  65.15, and 65.40 as
follows:

    (110 ILCS 947/40)
    Sec. 40.  Veteran grant. Any person  who  served  in  the
armed  forces  of the United States, not including members of
the Student Army Training Corps, who at the time of  entering
service  was an Illinois resident or was an Illinois resident
within 6 months of entering such service, and who returned to
Illinois within 6 months after leaving service or, if married
to a person in continued military service  stationed  outside
Illinois,  within  6  months after his or her spouse has left
service or has been stationed within Illinois,  and  who  has
been   honorably   discharged  from  such  service,  and  who
possesses all necessary entrance requirements  shall,  except
as  otherwise  provided  in  this  Act,  upon application and
proper proof, be awarded an Illinois Veteran Grant consisting
of  the  equivalent  of  4  calendar   years   of   full-time
enrollment,  including  summer terms, to the State-controlled
college or university or community  college  of  his  choice.
Such  veterans  shall also be entitled, upon proper proof and
application, to enroll in any extension course offered  by  a
State-controlled  college  or university or community college
without the payment of tuition or fees.
    Any veteran who so  served,  and  who,  at  the  time  of
entering  such  service,  was a student at a State-controlled
college or university  or  community  college,  and  who  was
honorably   discharged   from   such   service,  shall,  upon
application and proper  proof  be  awarded  a  Veteran  Grant
entitling  him  to  complete  his  course  of  study  at  any
State-controlled  college  or university or community college
of  his  choice,  but  shall  not  be  entitled  to  a  grant
consisting of more than the equivalent of 4 calendar years of
full-time enrollment including summer sessions.
    Any member of the armed forces of the United  States  who
either (i) has served in such armed forces at least one year,
or  (ii)  has served in the armed forces of the United States
for less than one year in a time of hostilities in a  foreign
country,  and  who  would be qualified for a grant under this
Section if he had been discharged from such service shall  be
eligible to receive a Veteran Grant under this Section.
    The  holder  of  a  Veteran Grant to the State-controlled
college or university or community college of his  choice  as
authorized  under  this  Section shall not be required to pay
any matriculation or application  fees,  tuition,  activities
fees,  graduation  fees,  or  other  fees except multipurpose
building fees or similar fees for supplies and materials.
    Any veteran who has been or shall be  awarded  a  Veteran
Grant   shall  be  reimbursed  by  the  appropriate  college,
university, or community college for any fees  which  he  has
paid  and  for which exemption is granted under this Section,
if application for reimbursement is made within  2  3  months
following the school term for which the fees were paid.
    A  Veteran Grant shall be considered an entitlement which
the  State-controlled  college  or  university  or  community
college in which the holder is enrolled shall  honor  without
any  condition other than the holder's maintenance of minimum
grade levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20.
    A grant  authorized  under  this  Section  shall  not  be
awarded  to  veterans who received a discharge from the armed
forces of the United States under dishonorable conditions, or
to any veteran whose service with the armed  forces  was  for
less  than one year unless he received an honorable discharge
from such service for medical reasons directly connected with
such service, except for those veterans discharged  prior  to
August  11, 1967 whose service may be for less than one year,
and except for those veterans (i)  who  serve  in  the  armed
forces  of the United States for less than one year in a time
of hostilities in a foreign country and (ii) who  receive  an
honorable discharge.
    The  amounts  that  become  due  to  any State-controlled
college or university or community college shall  be  payable
by  the  Comptroller to that institution on vouchers approved
by  the  Commission.   The  Commission,  or  its   designated
representative  at  that  institution,  shall  determine  the
eligibility  of  the  persons  who  make  application for the
benefits provided for in this  Section.   The  Department  of
Veterans'  Affairs shall assist the Commission in determining
the  eligibility  of  applicants.   On  July  29,  1986,  the
Illinois Department of Veterans' Affairs shall  transfer  and
deliver   to  the  Commission  all  books,  records,  papers,
documents, applications  and  pending  business  in  any  way
pertaining  to  the  duties,  responsibilities  and authority
theretofore exercised or performed by the Illinois Department
of Veterans' Affairs under and pursuant to Section 4.1 of the
Department of Veterans Affairs Act.
    The benefits  provided  for  in  this  Section  shall  be
available   as   long  as  the  federal  government  provides
educational benefits to veterans.  No benefits shall be  paid
under  this  Section,  except  for  veterans who already have
begun their education under  this  Section,  after  6  months
following the termination of educational benefits to veterans
by   the  federal  government.   If  the  federal  government
terminates educational benefits to veterans and  at  a  later
time  resumes  those  benefits,  the benefits of this Section
shall resume.
    As used in  this  Section,  "time  of  hostilities  in  a
foreign  country" means any action by the armed forces of the
United States  that  is  recognized  by  the  issuance  of  a
Presidential  proclamation  or a Presidential executive order
and in which the armed forces expeditionary  medal  or  other
campaign service medals are awarded according to Presidential
executive order.
(Source: P.A. 90-752, eff. 8-14-98.)

    (110 ILCS 947/65.15)
    Sec.    65.15.   Special   education   teacher   Teachers
scholarships.
    (a)  There shall be awarded annually at the end  of  each
school year 250 scholarships to persons qualifying as members
of 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.
    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 in which the  start  of  the  postsecondary
school  term  ends  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)  On  or  before March 1 in  Each year, the principal,
or his or her designee, of each  recognized  public,  private
and parochial high school maintaining the twelfth grade shall
certify  to the Commission regional superintendent of schools
of the county in which such high school is located the  names
and   addresses   of  all  students  who  are  completing  an
application 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 and who graduated,
whose from such school during the preceding  school  year  in
the  order of their scholastic rank in the 4-year high school
course of study at the end of the seventh semester is in  the
upper  one-half  of their class. The name of no student shall
be so certified unless the  student  signifies  in  a  letter
presented to the principal the student's intention to prepare
to teach in the public schools of Illinois.
    (c)  The  regional  superintendent of schools shall on or
before May 15 of each year certify the names and addresses of
students  certified  to  him  or  her  for  that  year  under
subsection (b) to the Commission, which shall issue  to  each
student  whose  rank,  as  shown  on  the  list  of names and
addresses submitted entitled the student to a certificate  of
scholarship   which   shall   be   accepted  by  any  of  the
universities designated in subsection (a) of Section 65-40 in
lieu  of  any  entrance  examination.   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 scholastic rank as shown on the  list
held  by  submitted  to the Commission.  If the person having
the next  highest  scholastic  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 scholastic rank next below such person.
    If  the  principal  of any recognized public, private and
parochial high school maintaining the twelfth grade fails  to
certify  to  the  regional  superintendent  of  schools on or
before May 1 of any year in accordance  with  subsection  (b)
the  names  of  a  sufficient  number of students to fill the
scholarship or scholarships provided for in  subsection  (a),
the scholarship or scholarships available to high schools for
which  no  names  are certified shall become available to any
eligible student from any other  recognized  public,  private
and  parochial  high  school maintaining the twelfth grade in
the region and the scholarships available for which no  names
are   certified,  shall  become  available  to  any  eligible
student. In order to fill any such scholarship, the  regional
superintendent  of  schools shall certify on or before May 15
of each year the name and address of any student certified to
him or her by the principal of any other school in the region
under subsection (b) to the Commission, which shall issue  to
such student a certificate of scholarship as provided in this
Section.
    Any  scholarship  that has become or becomes available to
any eligible student in the region and is not  issued  before
June  30  following  the  date  it  was  available  shall  be
transferred  to  a State pool under the Commission and may be
issued  to  a  student  in  a  region  that  has   used   all
scholarships  available  to that region. In order to obtain a
scholarship in the State pool the regional superintendent  of
schools shall certify to the Commission that all scholarships
available  to his or her region have been filled and the name
and address of any student certified to him  or  her  by  the
principal  of  any school in the region under subsection (b).
Upon  such  certification  the  Commission  shall   issue   a
certificate  of scholarship from any available scholarship in
the State pool.
    (d)  Any person who has accepted a scholarship under  the
preceding  subsections of this Section must, after graduation
from or termination of  enrollment  in  a  teacher  education
program, teach in any recognized public, private or parochial
school  in  this  State  for  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 4 years spent in the military
service, whether such service  occurs  before  or  after  the
person graduates; (ii), and excluding from the computation of
that 5 year period 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.
    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 applying for such a scholarship shall  be  provided
with  a description of the provisions copy of this subsection
(d) at the time he or she qualifies applies for the  benefits
of such a scholarship.
    (e)  This  Section is basically substantially 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. 88-228; 88-670, eff. 12-2-94.)

    (110 ILCS 947/65.40)
    Sec. 65.40.  General provisions; leaves of absence.
    (a)  The scholarships issued under Section Sections 65.15
through 65.35 may be used  at  the  University  of  Illinois,
Southern   Illinois  University,  Chicago  State  University,
Eastern  Illinois  University,  Governors  State  University,
Illinois State University, Northeastern Illinois  University,
Northern Illinois University, and Western Illinois University
as  provided  in  those Sections. Unless otherwise indicated,
the these scholarships shall be good for a period of not more
than 4 years while enrolled for residence  credit  and  shall
exempt  the  holder  from  the  payment  of tuition and other
necessary fees as defined in Section 35 of this Act,  or  any
matriculation,  graduation, activity, term or incidental fee,
except any portion of a multipurpose fee which is used for  a
purpose  for  which  exemption  is  not  granted  under  this
Section.  Exemption shall not be granted from any other fees,
including  book  rental,  service,  laboratory, supply, union
building, hospital and medical insurance fees  and  any  fees
established  for  the operation and maintenance of buildings,
the income of which is pledged to the payment of interest and
principal on bonds issued  by  the  governing  board  of  any
university or community college.
    Any   student   who  has  been  or  shall  be  awarded  a
scholarship shall be reimbursed by the appropriate university
or community college for any charges fees which he or she has
paid and for which exemption is granted under  this  Section,
if application for such reimbursement is made within 2 months
following  the  school  term  for which the charges fees were
paid.
    The holder of a  scholarship  shall  be  subject  to  all
examinations,  rules  and  requirements  of the university or
community college in which he or she is  enrolled  except  as
herein directed.
    This  Section  does not prohibit the Board of Trustees of
the University of Illinois, the Board of Trustees of Southern
Illinois University, the Board of Trustees of  Chicago  State
University,   the  Board  of  Trustees  of  Eastern  Illinois
University,  the  Board  of  Trustees  of   Governors   State
University,   the   Board   of  Trustees  of  Illinois  State
University, the Board of Trustees  of  Northeastern  Illinois
University,  the  Board  of  Trustees  of  Northern  Illinois
University,  and  the  Board  of Trustees of Western Illinois
University  for  the  institutions  under  their   respective
jurisdictions from granting other scholarships.
    (b)  Any  student enrolled in a university to which he or
she is holding a scholarship issued  under  Section  Sections
65.15  through  65.35  who  satisfies  the  president  of the
university or someone designated by the  president  that  the
student  requires leave of absence for the purpose of earning
funds to defray his or her expenses while in attendance or on
account of illness or military service may  be  granted  such
leave  and allowed a period of not to exceed 6 years in which
to complete his or her course at the university.  Time  spent
in the armed forces shall not be part of the 6 years.
(Source: P.A. 88-228; 89-4, eff. 1-1-96.)

    Section  99.  Effective date.  This Act takes effect July
1, 1999.


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