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Public Act 92-0845
HB4912 Enrolled LRB9214150NTpkB
AN ACT concerning higher education student assistance.
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 at the postsecondary
level 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 full time basis
at the sophomore level or above until his or her last
semester at a qualified Illinois institution of higher
learning as an undergraduate student and has not received
a baccalaureate degree, except that last semester seniors
must enroll only for a minimum of 6 credit hours in order
to retain minority scholarship eligibility under this
Section; (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 while enrolled at the
postsecondary level; 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 of
undergraduate study.
(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 5 year period following the
termination of the undergraduate program for which the
recipient was awarded a minority teacher scholarship, the
recipient (i) shall begin teaching teach 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.
(o) Scholarship recipients under this Section who
withdraw from a program of teacher education the Minority
Teachers of Illinois scholarship program 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.)
(110 ILCS 947/52)
Sec. 52. ITEACH David A. DeBolt Teacher Shortage
Scholarship Program.
(a) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers in teacher shortage disciplines, 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, on at
least a half-time basis at the sophomore level or above,
at an Illinois institution of higher learning; and
(5) pursuing a postsecondary course of study
leading to initial certification in a teacher shortage
discipline or pursuing additional course work needed to
gain State Board of Education approval to teach,
including alternative teacher certification, in an
approved specialized area in which a teacher shortage
exists.
(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.
Preference may also be given to qualified applicants enrolled
at or above the junior level.
(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.
(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 8 semesters or 12
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. 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 ITEACH David A.
DeBolt Teacher Shortage 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 5 year period following the termination of the
academic program for which the recipient was awarded a
scholarship, the recipient: (i) shall begin teaching teach in
a teacher shortage discipline for a period of not less than
one year for each year of scholarship assistance awarded
under this Section, (ii) shall fulfill this teaching
obligation at a nonprofit an Illinois public, private, or
parochial preschool or 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% no
greater than the highest rate applicable for educational
loans made pursuant to Title IV, Part B of the Higher
Education Act of 1965, as amended, 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.
(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. 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. 90-201, eff. 7-24-97; 91-670, eff. 12-22-99.)
(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 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 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 each recognized public, private and parochial high school
maintaining the twelfth grade shall certify to the Commission
the names and addresses of 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 graduated, whose
scholastic rank in the 4-year high school course of study at
the end of the sixth seventh 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 teach in any recognized public, private, or
parochial preschool or elementary or secondary school in this
State 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.
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.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 3-648 as follows:
(625 ILCS 5/3-648)
Sec. 3-648. Education license plates.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary, may issue special
registration plates designated as Education license plates.
The special plates issued under this Section shall be affixed
only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000
pounds. Plates issued under this Section shall expire
according to the multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates shall be
determined by a contest that every elementary school pupil in
the State of Illinois is eligible to enter. The designs
submitted for the contest shall be judged on September 30,
2002, and the winning design shall be selected by a committee
composed of the Secretary, the Director of State Police, 2
members of the Senate, one member chosen by the President of
the Senate and one member chosen by the Senate Minority
Leader, and 2 members of the House of Representatives, one
member chosen by the Speaker of the House and one member
chosen by the House Minority Leader. The Secretary may allow
the plates to be issued as vanity or personalized plates
under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412
of this Code.
(c) An applicant for the special plate shall be charged
a $40 fee for original issuance, in addition to the
appropriate registration fee. Of this $40 additional original
issuance fee, $15 shall be deposited into the Secretary of
State Special License Plate Fund, to be used by the Secretary
to help defray the administrative processing costs, and $25
shall be deposited into the Illinois Future Teacher Corps
Scholarship Fund. For each registration renewal period, a
$40 fee, in addition to the appropriate registration fee,
shall be charged. Of this $40 additional renewal fee, $2
shall be deposited into the Secretary of State Special
License Plate Fund and $38 shall be deposited into the
Illinois Future Teacher Corps Scholarship Fund. Each fiscal
year, once deposits from the additional original issuance and
renewal fees into the Secretary of State Special License
Plate Fund have reached $500,000, all the amounts received
for the additional fees for the balance of the fiscal year
shall be deposited into the Illinois Future Teacher Corps
Scholarship Fund.
(d) The Illinois Future Teacher Corps Scholarship Fund
is created as a special fund in the State treasury.
Ninety-five percent of the moneys in the Illinois Future
Teacher Corps Scholarship Fund shall be appropriated to the
Illinois Student Assistance Commission for scholarships under
Section 52 or 65.65 of the Higher Education Student
Assistance Act, and 5% of the moneys in the Illinois Future
Teacher Corps Scholarship Fund shall be appropriated to the
State Board of Education for grants to the Golden Apple
Foundation for Excellence in Teaching, a recognized
charitable organization that meets the requirements of Title
26, Section 501(c)(3) of the United States Code.
(Source: P.A. 92-445, eff. 8-17-01.)
Section 99. Effective date. This Act takes effect on
January 1, 2003.
Passed in the General Assembly May 30, 2002.
Approved August 23, 2002.
Effective January 01, 2003.
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