Rep. Michael J. Zalewski

Adopted in House on Oct 29, 2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 745

2    AMENDMENT NO. ______. Amend House Bill 745 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Higher Education Student Assistance Act is
5amended by changing Section 70 as follows:
 
6    (110 ILCS 947/70)
7    Sec. 70. Administration of scholarship and grant programs.
8    (a) An applicant to whom the Commission has awarded a
9scholarship or grant under this Act may apply for enrollment as
10a student in any qualified institution of higher learning. The
11institution is not required to accept the applicant for
12enrollment, but is free to exact compliance with its own
13admissions requirements, standards, and policies. The
14institution may receive the payments of tuition and other
15necessary fees provided by the scholarship or grant, for credit
16against the student's obligation for such tuition and fees, and

 

 

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1for no other purpose, and shall be contractually obligated:
2        (1) to provide facilities and instruction to the
3    student on the same terms as to other students generally;
4        (2) to provide the notices and information described in
5    this Act; and to maintain records and documents which
6    demonstrate the eligibility of the students for whom
7    scholarships and grants are claimed.
8    (b) If, in the course of any academic period, any student
9enrolled in any institution pursuant to a scholarship or grant
10awarded under this Act for any reason ceases to be a student in
11good standing, the institution shall promptly give written
12notice to the Commission concerning that change of status and
13the reason therefor. For purposes of this Section, a student
14does not cease to be a student in good standing merely because
15he or she is not classified as a full-time student.
16    (c) A student to whom a renewal scholarship or grant has
17been awarded may either re-enroll in the institution which he
18or she attended during the preceding year, or enroll in any
19other qualified institution of higher learning; and in either
20event, the institution accepting the student for enrollment or
21re-enrollment shall notify the Commission of that acceptance
22and may receive payments and shall be contractually obligated
23as provided with respect to a first-year scholarship or grant.
24    (d) The Commission shall administer the scholarship and
25grant accounts and related records of each student who is
26attending an institution of higher learning under financial

 

 

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1assistance awarded pursuant to this Act, and at each proper
2time shall certify to the State Comptroller, in the manner
3prescribed by law, the current payment to be made to the
4institution on account of such financial assistance, in
5accordance with an appropriate certificate from the
6institution. The Commission may require the participating
7institution of higher learning to perform specific eligibility
8evaluation procedures as a condition of participation.
9    (e) The Commission shall conduct on-site audits of
10educational institutions participating in Commission
11administered programs. When institutions have claimed and
12received funds on behalf of ineligible recipients, the
13Commission may adjust subsequent institutional payments to
14recover those funds.
15    (f) The Commission may, upon the request of any institution
16which received payment for scholarship and grant awards for
17each of the last 5 years, certify to the Comptroller an advance
18payment for the current term to be made to the institution on
19account of such financial assistance in an amount not to exceed
2075% of announced awards for the institution for such financial
21assistance for the current term, adjusted for attrition over
22the last 5 years. For the purposes of this Section, "attrition"
23is the number of announced award winners enrolled on the 10th
24class day as a percentage of the total announced awards. The
25request for an advance payment for the current term shall not
26be submitted until 10 class days after the last day for

 

 

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1registration for that term. Upon appropriate certification
2from the institution presented for each payment period, after
3the standard tuition and mandatory fees have been established
4for all students for the term of payment and the award
5recipient has enrolled, the Commission shall certify to the
6State Comptroller the balance of the current payment to be made
7to the institution on account of such financial assistance. If
8an advance payment received by an institution exceeds the
9payment to which that institution is entitled, the Commission
10shall reduce subsequent payments to that institution for later
11terms within the same academic year as the overpayment by an
12amount equal to the overpayment; if the reduction cannot be
13made, the institution shall refund the overpayment to the
14Commission. The Commission may deny or reduce the advance
15payment provided to any institution under this Section if it
16has reason to believe that the advance payment for the current
17term may exceed the full payment the institution is entitled to
18receive for such assistance for that term.
19    (g) The personal identity and address of a scholarship,
20grant, or other financial assistance applicant or recipient
21under a non-discretionary program administered by the
22Commission, including, but not limited to, the Monetary Award
23Program under Section 35 of this Act, where eligibility data is
24obtained from the Free Application for Federal Student Aid
25authorized by 20 U.S.C. 1090 or is protected from disclosure
26under federal or State law or under rules and regulations

 

 

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1implementing federal or State law, is information that is
2intended to remain private and shall be exempt from inspection
3and copying under the Freedom of Information Act. This
4subsection does not apply to the publication of the names of
5State Scholars designated pursuant to Section 25 of this Act or
6information disclosed in the aggregate in which a person's
7identity cannot be determined.
8(Source: P.A. 100-887, eff. 8-14-18.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".