Illinois General Assembly - Full Text of SB3540
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Full Text of SB3540  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/14/2020, by Sen. Andy Manar


105 ILCS 5/30-14.9 new
110 ILCS 947/52 rep.
625 ILCS 5/3-648

    Amends the School Code to transfer the administration of the Golden Apple Scholars of Illinois Program from the Illinois Student Assistance Commission to the State Board of Education. Amends the Higher Education Student Assistance Act and the Illinois Vehicle Code to make corresponding changes. Effective July 1, 2020.

LRB101 17861 NHT 67296 b






SB3540LRB101 17861 NHT 67296 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by adding Section
530-14.9 as follows:
6    (105 ILCS 5/30-14.9 new)
7    Sec. 30-14.9. Golden Apple Scholars of Illinois Program;
8Golden Apple Foundation for Excellence in Teaching.
9    (a) In this Section:
10    "Foundation" means the Golden Apple Foundation for
11Excellence in Teaching, a registered 501(c)(3) not-for-profit
13    "Institution of higher learning" has the meaning given to
14that term in the Higher Education Student Assistance Act.
15    "State Board" means the State Board of Education.
16    (b) In order to encourage academically talented Illinois
17students, especially minority students, to pursue teaching
18careers, especially in teacher shortage disciplines (which
19shall be defined to include early childhood education) or at
20hard-to-staff schools (as defined by the State Board), to
21provide those students with the crucial mentoring, guidance,
22and in-service support that will significantly increase the
23likelihood that they will complete their full teaching



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1commitments and elect to continue teaching in targeted
2disciplines and hard-to-staff schools, and to ensure that
3students in this State will continue to have access to a pool
4of highly-qualified teachers, each qualified student shall be
5awarded a Golden Apple Scholars of Illinois Program scholarship
6to any Illinois institution of higher learning. The State Board
7shall administer the Golden Apple Scholars of Illinois Program,
8which shall be managed by the Foundation pursuant to the terms
9of a grant agreement meeting the requirements of Section 4 of
10the Illinois Grant Funds Recovery Act.
11    (c) For purposes of this Section, a qualified student shall
12be a student who meets the following qualifications:
13        (1) is a resident of this State and a citizen or
14    eligible noncitizen of the United States;
15        (2) is a high school graduate or a person who has
16    received a high school equivalency certificate;
17        (3) is enrolled or accepted, on at least a half-time
18    basis, at an institution of higher learning;
19        (4) is pursuing a postsecondary course of study leading
20    to initial licensure or pursuing additional course work
21    needed to gain State Board of Education approval to teach,
22    including alternative teacher licensure; and
23        (5) is a participant in programs managed by and is
24    approved to receive a scholarship from the Foundation.
25    (d) Funds designated for the Golden Apple Scholars of
26Illinois Program shall be used by the State Board for the



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1payment of scholarship assistance under this Section or for the
2award of grant funds, subject to the Illinois Grant Funds
3Recovery Act, to the Foundation. Subject to appropriation,
4awards of grant funds to the Foundation shall be made on an
5annual basis and following an application for grant funds by
6the Foundation.
7    (e) Each year, the Foundation shall include in its
8application to the State Board for grant funds an estimate of
9the amount of scholarship assistance to be provided to
10qualified students during the grant period. Any amount of
11appropriated funds exceeding the estimated amount of
12scholarship assistance may be awarded by the State Board to the
13Foundation for management expenses expected to be incurred by
14the Foundation in providing the mentoring, guidance, and
15in-service supports that will increase the likelihood that
16qualified students will complete their teaching commitments
17and elect to continue teaching in hard-to-staff schools. If the
18estimate of the amount of scholarship assistance described in
19the Foundation's application is less than the actual amount
20required for the award of scholarship assistance to qualified
21students, the Foundation shall be responsible for using awarded
22grant funds to ensure all qualified students receive
23scholarship assistance under this Section.
24    (f) All grant funds not expended or legally obligated
25within the time specified in a grant agreement between the
26Foundation and the State Board shall be returned to the State



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1Board within 45 days. Any funds legally obligated by the end of
2a grant agreement shall be liquidated within 45 days or
3otherwise returned to the State Board within 90 days after the
4end of the grant agreement that resulted in the award of grant
6    (g) Each scholarship awarded under this Section shall be in
7an amount sufficient to pay the tuition and fees and room and
8board costs of the institution of higher learning at which the
9recipient is enrolled, up to an annual maximum of $5,000;
10except that in the case of a recipient who does not reside
11on-campus at the institution of higher learning at which he or
12she is enrolled, the amount of the scholarship shall be
13sufficient to pay tuition and fee expenses and a commuter
14allowance, up to an annual maximum of $5,000. All scholarship
15funds distributed in accordance with this Section shall be paid
16to the institution on behalf of recipients.
17    (h) The total amount of scholarship assistance awarded by
18the State Board under this Section to an individual in any
19given fiscal year, when added to other financial assistance
20awarded to that individual for that year, shall not exceed the
21cost of attendance at the institution of higher learning at
22which the student is enrolled. In any academic year for which a
23qualified student under this Section accepts financial
24assistance through any other teacher scholarship program
25administered by the Illinois Student Assistance Commission, a
26qualified student shall not be eligible for scholarship



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1assistance awarded under this Section.
2    (i) A recipient may receive up to 8 semesters or 12
3quarters of scholarship assistance under this Section.
4Scholarship funds are applicable toward 2 semesters or 3
5quarters of enrollment each academic year.
6    (j) All applications for scholarship assistance to be
7awarded under this Section shall be made to the Foundation in a
8form determined by the Foundation. Each year, the Foundation
9shall notify the State Board of the individuals awarded
10scholarship assistance under this Section. Each year, at least
1130% of the Golden Apple Scholars of Illinois Program
12scholarships shall be awarded to students residing in counties
13having a population of less than 500,000.
14    (k) The State Board shall administer the payment of
15scholarship assistance provided through the Golden Apple
16Scholars of Illinois Program and shall make all necessary and
17proper rules not inconsistent with this Section for the
18effective implementation of this Section.
19    (l) Prior to receiving scholarship assistance for any
20academic year, each recipient of a scholarship awarded under
21this Section shall be required by the Foundation to sign an
22agreement under which the recipient pledges that, within the
232-year period following the termination of the academic program
24for which the recipient was awarded a scholarship, the
25recipient: (i) shall begin teaching for a period of not less
26than 5 years, (ii) shall fulfill this teaching obligation at a



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1nonprofit Illinois public, private, or parochial preschool or
2an Illinois public elementary or secondary school that
3qualifies for teacher loan cancellation under Section
4465(a)(2)(A) of the federal Higher Education Act of 1965 (20
5U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
6eligible for fulfilling the teaching commitment as designated
7by the Foundation, and (iii) shall, upon request of the
8Foundation, provide the Foundation with evidence that he or she
9is fulfilling or has fulfilled the terms of the teaching
10agreement provided for in this subsection (l). Upon request,
11the Foundation shall provide evidence of teacher fulfillment to
12the State Board.
13    (m) If a recipient of a scholarship awarded under this
14Section fails to fulfill the teaching obligation set forth in
15subsection (l), the State Board shall require the recipient to
16repay the amount of the scholarships received, prorated
17according to the fraction of the teaching obligation not
18completed, plus interest at a rate of 5% and if applicable,
19reasonable collection fees. Payments received by the State
20Board under this subsection (m) shall be remitted to the State
21Comptroller for deposit into the General Revenue Fund, except
22that that portion of a recipient's repayment that equals the
23amount in expenses that the State Board has reasonably incurred
24in attempting collection from that recipient shall be remitted
25to the State Comptroller for deposit into the State Board's
26Accounts Receivable Fund.



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1    (n) A recipient of a scholarship awarded by the Foundation
2under this Section shall not be considered to have failed to
3fulfill the teaching obligations of the agreement entered into
4pursuant to subsection (l) if the recipient (i) enrolls on a
5full-time basis as a graduate student in a course of study
6related to the field of teaching at an institution of higher
7learning; (ii) is serving as a member of the armed services of
8the United States; (iii) is a person with a temporary total
9disability, as established by sworn affidavit of a qualified
10physician; (iv) is seeking and unable to find full-time
11employment as a teacher at a school that satisfies the criteria
12set forth in subsection (l) and is able to provide evidence of
13that fact; (v) is taking additional courses, on at least a
14half-time basis, needed to obtain licensure as a teacher in
15Illinois; (vi) is fulfilling teaching requirements associated
16with other programs administered by the Illinois Student
17Assistance Commission and cannot concurrently fulfill them
18under this Section in a period of time equal to the length of
19the teaching obligation; or (vii) is participating in a program
20established under Executive Order 10924 of the President of the
21United States or the federal National Community Service Act of
221990 (42 U.S.C. 12501 et seq.). Any such extension of the
23period during which the teaching requirement must be fulfilled
24shall be subject to limitations of duration as established by
25the State Board.
26    (o) A recipient who fails to fulfill the teaching



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1obligations of the agreement entered into pursuant to
2subsection (l) shall repay the amount of scholarship assistance
3awarded to him or her under this Section within 10 years.
4    (p) Annually, at a time determined by the State Board in
5consultation with the Foundation, the Foundation shall submit a
6report to assist the State Board in monitoring the Foundation's
7performance of grant activities. The report shall describe the
9        (1) the Foundation's anticipated expenditures for the
10    next fiscal year;
11        (2) the number of qualified students receiving
12    scholarship assistance at each institution of higher
13    learning where a qualified student was enrolled under this
14    Section during the previous fiscal year;
15        (3) the total monetary value of scholarship funds paid
16    to each institution of higher learning at which a qualified
17    student was enrolled during the previous fiscal year;
18        (4) the number of scholarship recipients who completed
19    a baccalaureate degree during the previous fiscal year;
20        (5) the number of scholarship recipients who fulfilled
21    their teaching obligation during the previous fiscal year;
22        (6) the number of scholarship recipients who failed to
23    fulfill their teaching obligation during the previous
24    fiscal year;
25        (7) the number of scholarship recipients granted an
26    extension described in subsection (n) during the previous



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1    fiscal year;
2        (8) the number of scholarship recipients required to
3    repay scholarship assistance in accordance with subsection
4    (m) during the previous fiscal year;
5        (9) the number of scholarship recipients who
6    successfully repaid scholarship assistance in full during
7    the previous fiscal year;
8        (10) the number of scholarship recipients who
9    defaulted on their obligation to repay scholarship
10    assistance during the previous fiscal year;
11        (11) the amount of scholarship assistance subject to
12    collection in accordance with subsection (m) at the end of
13    the previous fiscal year;
14        (12) the amount of collected funds to be remitted to
15    the State Comptroller in accordance with subsection (m) at
16    the end of the previous fiscal year; and
17        (13) other information that the State Board may
18    reasonably request.
19    (q) The Auditor General shall prepare an annual audit of
20the operations and finances of the Golden Apple Scholars of
21Illinois Program. This audit shall be provided to the Governor,
22General Assembly, and State Board.
23    (r) The suspension of grant making authority found in
24Section 4.2 of the Illinois Grant Funds Recovery Act shall not
25apply to grants made pursuant to this Section.
26    (s) On July 1, 2020, there is transferred to the State



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1Board from the Illinois Student Assistance Commission all
2authority and responsibility exercised by the Commission
3before July 1, 2020 with respect to the administration of the
4Golden Apple Scholars of Illinois Program. On and after July 1,
52020, the State Board shall administer, in accordance with all
6applicable laws and rules, the conduct and operation of the
7Golden Apple Scholars of Illinois Program.
8    On July 1, 2020, the Illinois Student Assistance Commission
9shall transfer to the State Board, as successor to the
10Commission for all purposes of administering the Golden Apple
11Scholars of Illinois Program, all books, accounts, records,
12papers, documents, contracts, agreements, and pending business
13in the possession or under the control of the Commission and
14relating to its administration of the Golden Apple Scholars of
15Illinois Program. All pending applications made before July 1,
162020 for scholarship awards under the Golden Apple Scholars of
17Illinois Program and all scholarships awarded under that
18program before July 1, 2020 shall be unaffected by the transfer
19to the State Board of all responsibilities and authority
20formerly exercised by the Commission with respect to that
21program. The Commission shall furnish to the State Board such
22other information as the State Board may request to assist it
23in administering this Section.
24    On July 1, 2020, references in any law, appropriation,
25rule, form, or other document to the Illinois Student
26Assistance Commission are deemed, in appropriate contexts, to



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1be references to the State Board of Education for all purposes
2of administering the Golden Apple Scholars of Illinois Program.
3    (110 ILCS 947/52 rep.)
4    Section 10. The Higher Education Student Assistance Act is
5amended by repealing Section 52.
6    Section 15. The Illinois Vehicle Code is amended by
7changing Section 3-648 as follows:
8    (625 ILCS 5/3-648)
9    Sec. 3-648. Education license plates.
10    (a) The Secretary, upon receipt of an application made in
11the form prescribed by the Secretary, may issue special
12registration plates designated as Education license plates.
13The special plates issued under this Section shall be affixed
14only to passenger vehicles of the first division and motor
15vehicles of the second division weighing not more than 8,000
16pounds. Plates issued under this Section shall expire according
17to the multi-year procedure established by Section 3-414.1 of
18this Code.
19    (b) The design and color of the plates shall be determined
20by a contest that every elementary school pupil in the State of
21Illinois is eligible to enter. The designs submitted for the
22contest shall be judged on September 30, 2002, and the winning
23design shall be selected by a committee composed of the



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1Secretary, the Director of State Police, 2 members of the
2Senate, one member chosen by the President of the Senate and
3one member chosen by the Senate Minority Leader, and 2 members
4of the House of Representatives, one member chosen by the
5Speaker of the House and one member chosen by the House
6Minority Leader. The Secretary may allow the plates to be
7issued as vanity or personalized plates under Section 3-405.1
8of the Code. The Secretary shall prescribe stickers or decals
9as provided under Section 3-412 of this Code.
10    (c) An applicant for the special plate shall be charged a
11$40 fee for original issuance, in addition to the appropriate
12registration fee. Of this $40 additional original issuance fee,
13$15 shall be deposited into the Secretary of State Special
14License Plate Fund, to be used by the Secretary to help defray
15the administrative processing costs, and $25 shall be deposited
16into the Golden Apple Scholars of Illinois Fund. For each
17registration renewal period, a $40 fee, in addition to the
18appropriate registration fee, shall be charged. Of this $40
19additional renewal fee, $2 shall be deposited into the
20Secretary of State Special License Plate Fund and $38 shall be
21deposited into the Golden Apple Scholars of Illinois Fund. Each
22fiscal year, once deposits from the additional original
23issuance and renewal fees into the Secretary of State Special
24License Plate Fund have reached $500,000, all the amounts
25received for the additional fees for the balance of the fiscal
26year shall be deposited into the Golden Apple Scholars of



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1Illinois Fund.
2    (d) The Golden Apple Scholars of Illinois Fund is created
3as a special fund in the State treasury. All moneys in the
4Golden Apple Scholars of Illinois Fund shall be apportioned
5according to Section 30-14.9 of the School Code 52 of the
6Higher Education Student Assistance Act.
7(Source: P.A. 98-533, eff. 8-23-13.)
8    Section 99. Effective date. This Act takes effect July 1,