SB1490 94TH GENERAL ASSEMBLY

LRB094 10926 NHT 41495 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1490

Introduced 2/23/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

New Act

Creates the Opportunity Scholarship Act. Establishes the Opportunity Scholarship Program. Provides that the Executive Director of the Illinois Student Assistance Commission shall oversee the creation, operation, effectiveness, and adjustment of the scholarship program. Provides that a student is eligible for a scholarship if he or she has graduated from high school with a cumulative average grade of a "B" or greater, has received a composite score on the ACT of at least 24 or a combined verbal and mathematics score on the SAT of at least 1070, has completed a certain number of high school courses in specified subjects, and attends a participating university, college, or technical school. Provides for other initial eligibility requirements, course load, persistence, and grade point requirements for continuing eligibility, treatment of special enrollments, transfer among participating institutions, equivalencies, grievance procedures, and institutional agreements. Program. Provides that the Executive Director of the Illinois Student Assistance Commission shall oversee the creation, operation, effectiveness, and adjustment of the scholarship program. Provides that a student is eligible for a scholarship if he or she has graduated from high school with a cumulative average grade of a "B" or greater, has received a composite score on the ACT of at least 24 or a combined verbal and mathematics score on the SAT of at least 1070, has completed a certain number of high school courses in specified subjects, and attends a participating university, college, or technical school. Provides for other eligibility requirements, course load, persistence, and grade point requirements for continuing eligibility, treatment of special enrollments, transfer among participating institutions, equivalencies, grievance procedures, and institutional agreements. Effective July 1, 2005.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Opportunity Scholarship Act.

Section 5. Definitions. In this Act:

"Commission" means the Illinois Student Assistance Commission.

"Credit hour" means the unit of measure employed by an institution to track progress towards degree completion. Only units that satisfy graduation requirements under institutional rules may be recognized as credit hours under this Act.

"Cumulative grade point average" the grade point average based upon the numeric grades or their letter equivalents for all credits earned by the student. For purposes of continuing eligibility, the cumulative grade point average is the average of grades assigned in courses attempted after admission to the scholarship program, with the exception of courses for which no credit hours would be awarded by the participating institution that enrolled the student as a regular student.

"Executive director" means the Executive Director of the Illinois Student Assistance Commission.

"Full-time attendance" means enrollment in a participating institution as a regular student for at least 15 semester credit hours.

"High school" means an "approved high school" as defined in Section 10 of the Higher Education Student Assistance Act.

"Institution" means any university, college, or technical school that is accredited by a regional accrediting agency, or, in the case of institutions located outside the United States of America, any university, college, or technical school recognized by governmental authorities as adhering to comparable quality standards in matters of curriculum, resources, and business practices.

"On a 4.0 scale" means the numeric designation of grade equivalencies shown on the following conversion table:

Letter Grade = Grade Point:

A or A+ = 4.00

A- = 3.66

B+ = 3.33

B = 3.00

B- = 2.66

C+ = 2.33

C = 2.00

C- = 1.67

D+ = 1.33

D = 1.00

D- = 0.67

F = 0.00

"Participating institution" means any university, college, or technical school that is accredited by the North Central Association of Colleges and Schools providing instruction from a campus located in this State and that executes an agreement pursuant to this Act.

"Regular student" means a person who is enrolled or accepted for enrollment at an institution for the purpose of obtaining a degree, certificate, or other recognized educational credential offered by that institution.

"Scholarship" means any grant-in-aid awarded pursuant to this Act.

"Scholarship program" means the Opportunity Scholarship program established to allow this State's most academically accomplished high school graduates to receive an affordable education at any participating institution.

"Student" means any person who has not received a baccalaureate, associate, or associate of applied science degree or a diploma or certificate, however named, that signifies completion of a technical program.

Section 10. Program created; duties of Executive Director. These is established the Opportunity Scholarship Program. The awarding of scholarships shall begin with the 2006-2007 academic year. The Executive Director of the Commission shall oversee the creation, operation, effectiveness, and adjustment of the scholarship program. To these ends, the Commission may delegate functions, appoint assistants, or contract for services to ensure the prudent and efficient operation of the program. The executive director shall do all of the following:

(1) Develop all terms, conditions, and required forms or contracts for the scholarship program.

(2) Prorate available appropriations if the appropriations are insufficient to permit each participant to receive a full scholarship payment.

(3) Transfer funds on October 15 or the first working day thereafter and March 15 or the first working day thereafter to participating institutions to cover scholarship awards for each participating regular student whose eligibility for benefits under the scholarship program has been verified by the participating institution.

The Commission may adopt any rules necessary to carry out its responsibilities under this Act.

Section 15. Initial eligibility requirements. In order to be eligible to receive a scholarship, a student must meet all of the following qualifications:

(1) Have graduated from high school with a cumulative average grade of a "B" (3.0 on a 4.0 scale) or greater for all work attempted.

(2) Be a resident of this State at the time of graduation from high school.

(3) Have taken the test administered by the American College Testing Program (ACT) or the Scholastic Assessment Test (SAT) before graduating from high school.

(4) Have received a composite score on the ACT of at least 24 or a combined verbal and mathematics score on the SAT of at least 1070.

(5) Have completed the required number of high school courses in all of the following subjects:

(A) Four units of English (courses designed with a major emphasis upon grammar, composition, or literary analysis). One year of debate instruction may be included to meet this requirement.

(B) Four units of algebra or higher mathematics (algebra, geometry, trigonometry, or other advanced mathematics, including accelerated or honors mathematics (algebra) provided at the 8th grade level). Arithmetic, business, consumer, or general mathematics, or other similar courses, are not included.

(C) Four units of science, including 3 units of approved laboratory science (courses in biology, chemistry, or physics in which at least one regular laboratory period is scheduled each week). Accelerated or honors science (biology, physics, or chemistry) provided in the 8th grade are acceptable. Qualifying physical science or earth science courses, with lab, may be accepted on a case-by-case basis.

(D) Three units of social studies (history, economics, sociology, geography, United States or Illinois government, American Problems, and similar courses).

(E) Two units of a modern or classical language, including American Sign Language. The 2 units must be in the same language.

(F) One unit of fine arts (art, theatre, or music), except that, for students who are graduating from an Illinois high school during the 2005-2006 school year, one-half of a unit of art, theatre, or music is required. Such credit may be in appreciation, analysis, or performance.

(G) One half unit of computer science. Students must have basic keyboarding skills, experience in using computer word processing, database, and spreadsheet packages, and experience in using the Internet or other wide area networks.

Any course in which a student received a final grade below a "C" (2.0 on a 4.0 scale) may not be counted for purposes of this subdivision (5). If a student who receives disqualifying grades in courses required under this subdivision (5) retakes those courses while in high school, the student may still qualify for eligibility if the student has the required number of courses with a grade of "C" or above in each subcategory.

(6) Attend a participating institution.

(7) Enter into the scholarship program within 5 years of the date of graduation from high school. A student who entered active military duty immediately after the date of graduation from high school may qualify for the scholarship if the student's release from military service occurs within 5 years from the student's graduation and the student enters the scholarship program within one year of the student's release from active military duty.

Section 20. Loss of eligibility due to attendance outside this State. A student is not eligible for the scholarship program if the student attends full time at an institution located outside this State for one or more semesters or quarters. Full-time enrollment in a distance education program offered by an institution located outside this State constitutes attendance outside this State for purpose of this Section. A student enrolled in an institution outside this State is deemed to attend full time if the student carries a full-time academic workload as determined by the institution under a standard applicable to all students enrolled in a particular educational program. The student's workload may include any combination of courses, work, research, or special studies that the institution considers sufficient to classify the student as a full-time student.

Section 25. Exceptions to attendance restrictions. Notwithstanding the provisions of Section 20 of this Act, full-time attendance at an institution located outside this State is permitted in any of the following circumstances:

(1) If the attendance occurs during a summer term or an interim term.

(2) If the attendance occurs as part of a formal exchange program sponsored or approved by the participating institution where the student is enrolled as a regular student.

(3) If the participating institution where the student is enrolled as a regular student has outsourced a portion of its curriculum to an out-of-state institution and the attendance occurs in completing that portion of the curriculum.

(4) If the executive director has granted an exception for good cause shown.

Section 30. Course load requirements for continuing eligibility. Each student in the scholarship program must attempt and complete 15 semester credit hours of instruction each semester in courses in which instructors assign letter grades or their numeric equivalent. Failure to complete the required number of courses disqualifies the student from further participation in the program, effective at the end of the semester in which the student fails to complete 15 semester credit hours. Disqualification is subject to all of the following exceptions:

(1) A student who is enrolled as a regular student at a participating institution located in this State may use distance education courses or transferable courses offered by other institutions to satisfy the 15 semester hours of instruction requirement if such credits are accepted by the participating institution that has enrolled him or her as a regular student.

(2) A student may petition the executive director to be excused from strict compliance with this Section during semesters in which the student participates in institutionally sponsored or approved exchange programs, internships, or similar structured, supervised, credit-bearing learning experiences that preclude enrollment in the participating institution's standard curriculum.

(3) A student who fails to complete 15 semester hours of instruction because the student must report for active military service does not thereby lose his or her eligibility.

(4) The executive director may waive the requirement to complete 15 credit hours of instruction per semester for good cause shown and may place such conditions upon the waiver as may be necessary and prudent to achieve the objectives of the scholarship program.

Section 35. Persistence requirements for continuing eligibility. Upon entering the scholarship program, each student shall maintain continuous attendance, enrolling in consecutive spring and fall terms, subject to all of the following exceptions:

(1) A student may petition the executive director to be excused from strict compliance with this Section during semesters in which the student participates in institutionally sponsored or approved exchange programs, internships, or similar structured, supervised, credit-bearing learning experiences that preclude enrollment in the participating institution's standard curriculum.

(2) A student who fails to complete continuous enrollment requirements because the student must report for active military service will not thereby lose his or her eligibility.

(3) The executive director may waive continuous enrollment requirements for good cause shown and may place such conditions upon the waiver as may be necessary and prudent to achieve the objectives of the scholarship program.

Section 40. Grade point requirements for continuing eligibility. Numeric grades or their letter equivalents must be assigned for each credit hour that each student attempts and completes after admission into the scholarship program. Each student must maintain a cumulative grade point average for all credit hours completed of at least 3.0 on a 4.0 scale to remain eligible to receive benefits under the scholarship program.

Section 45. Payment of benefits to students participating in the scholarship program. Upon a student's admission to the scholarship program, the executive director shall make scholarship payments for the benefit of the student who complies with course load requirements for 2 consecutive semesters without regard to the student's grade point average. Thereafter, payments may only be made if the student complies with the course load and persistence requirements and if the student's cumulative grade point average for all coursework completed is at least 3.0 on a 4.0 scale. The executive director shall make the payments each semester for each student whose compliance with course load, persistence, grade point, and proficiency examinations has been verified by the participating institution that enrolls the student as a regular student. No payment may be made on behalf of any student who fails to comply with course load, persistence, cumulative grade point, and proficiency examinations or whose compliance has not been verified by the participating institution that enrolls the student as a regular student.

Section 50. Reinstatement of eligibility lost due to failure to maintain grade point average. Any student who loses eligibility because the student's cumulative grade point average falls below 3.0 on a 4.0 scale may reestablish eligibility by raising the cumulative grade point average to 3.0 or greater on a 4.0 scale and complying with all requirements for continued eligibility relating to course load, persistence, and proficiency examinations. All of the following requirements related to reinstatement also apply:

(1) The student must apply to the participating institution the student attends as a regular student for reinstatement of eligibility.

(2) After verification by the participating institution where the student attends as a regular student that the student qualifies for reinstatement, the executive director shall disburse payments on behalf of the student for the term following that in which reinstatement is earned and for all subsequent terms during which the student remains eligible.

(3) Any student who loses eligibility a second time may not be reinstated a second time.

Section 55. Treatment of special enrollments for purposes of eligibility All of the following conditions for purposes of eligibility apply to special enrollments:

(1) A student may enroll for more than 15 credit hours in a semester. If the student completes 15 credit hours per semester, the student is in compliance with course load requirements even if the student drops an extra course. Enrollment for additional credit hours does not diminish the requirement to attempt and to complete 15 semester credit hours in any subsequent semester. Grades assigned in extra courses are counted as part of the student's cumulative grade point average.

(2) Credit hours completed during summer sessions or interim sessions are counted as part of a student's cumulative grade point average. Enrollment during summer or interim sessions does not diminish the course load requirement to attempt and to complete 15 semester credit hours in each fall and spring semester, nor does attendance at such sessions excuse compliance with persistence requirements.

(3) A student who fails to maintain the required cumulative grade point average may repeat courses as part of the student's effort to secure reinstatement of scholarship benefits eligibility under Section 40 of this Act. A student who takes a repeated course during a fall or spring semester may not count those credit hours for purposes of compliance with the course load requirement. Upon completion of the repeated course, the grade assigned in the repeated course replaces that assigned in the original course for purposes of calculating the cumulative grade point average.

(4) Asynchronous distance education courses are recognized for purposes of course load and persistence requirements in the semester in which the student completes the course. Credit hours completed through asynchronous distance education courses are included in the calculation of cumulative grade point averages.

(5) With respect to internships and similar external placements that affect load or grade assignment, a participating institution may request that the executive director issue standing limited exemptions from course load and grade point requirements established under Sections 30 and 40, respectively, where institutional policy requires participating students to take a reduced course load during the semester in which an internship occurs or requires grading on a pass-fail or similar grading system.

Section 60. Transfer among participating institutions. A student may transfer among participating institutions without losing eligibility if the student makes timely application to transfer and documents continued compliance with course load, persistence, grade point, and proficiency examination requirements.

Section 65. Equivalencies. For any requirement in this Act that is stated in terms of semester, semester credit hours, grade point averages, or other technical terms commonly employed by institutions of higher education, the executive director shall establish an equivalency to determine the initial and continued eligibility of each student who attends an institution that uses an alternative calendar, grade system, or other means of tracking academic progress and accomplishment. The equivalency standards shall be used to ensure equal treatment of each student who attends an institution that uses an alternative system.

Section 70. Application for admission to the scholarship program or for transfer between participating institutions. All of the following application and transfer requirements apply to the scholarship program:

(1) Any student who requests to participate in the scholarship program must apply to the admissions office of the participating institution that the student intends to attend. The executive director shall specify the application forms.

(A) Each student is responsible for arranging the submission of official high school transcripts and official test score reports from the ACT or SAT unless the high school includes these scores on its official transcript.

(B) An application is not complete until the participating institution has received the official high school transcripts and official test reports.

(C) Each application must be complete by September 1 for the fall semester or by January 1 for the spring semester.

(2) Each student who requests to transfer between participating institutions must apply to the admissions office of the participating institution that the student intends to attend on forms specified by the executive director.

(A) Each student is responsible for arranging the submission of all official transcripts and documents needed to demonstrate compliance with course load, persistence, grade point, and proficiency examination requirements.

(B) An application is not complete until the participating institution has received the official transcripts and required documents.

(C) Each application must be complete by September 1 for the fall semester or by January 15 for the spring semester.

(3) The executive director may waive the application deadlines stated in this section for good cause shown.

Section 75. Tentative acceptance into the scholarship program and tentative approval of continued eligibility for transfer students. The participating institution shall notify the prospective student whether it is likely that the student will qualify to participate in the scholarship program. Notice of final acceptance is given after receipt and review of a final official transcript from the student's high school to confirm satisfactory completion of all high school courses and graduation.

The participating institution shall notify a transfer student whether it is likely that the student will qualify to participate in the scholarship program. Notice of final acceptance must be given after receipt and review of all official transcripts and documents submitted to demonstrate compliance with course load, persistence, cumulative grade point average, and proficiency examination requirements. In calculating the cumulative grade point average, the participating institution shall factor in all credit hours attempted, completed, and transcripted by the participating institution from which the student transferred, whether or not the receiving institution otherwise accepts the credit hours and counts them towards satisfaction of its degree requirements.

Section 80. Agreement to conditions of the scholarship program. Participation in the scholarship program is limited to each student who abides by all conditions and requirements of the program, including any requirements for cooperation and release of information that the executive director may prescribe to assess the operation and effectiveness of the scholarship program or to audit program administration. Each student shall also agree that if the student withdraws or otherwise terminates enrollment and is entitled to a refund, then the student authorizes the participating institution that the student attends to pay to the executive director that portion of the student's refund that reflects moneys received by the participating institution from the scholarship program.

Section 85. Grievance procedures. The student shall be permitted to bring a grievance to challenge institutional actions involving the determination of eligibility to participate in the scholarship program or of compliance with program requirements. Grievances shall be limited to alleging that a violation, misinterpretation, or misapplication of specific terms or conditions of the laws or rules that govern the program are arbitrary or capricious or discriminate on a basis proscribed under law.

(1) Participating institutions shall establish procedures to adjust grievances permitted under this Section.

(2) Students may appeal institutional decisions to the Commission, which, at its discretion, may accept the grievance and conduct its own review or refer the grievance to an independent hearing examiner for review and recommendations concerning the proper resolution of disputed legal or factual matters.

(3) Participating institutions shall comply with any order issued to resolve a student grievance, subject to the exercise of the right to appeal from the Commission's resolution of the grievance as provided under law.

(4) Participating institutions shall be responsible for all costs for hearing examiners retained by the Commission to review such grievances or related expenses reasonably incurred for such reviews.

Section 90. Institutional agreements. Any institution that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in this State may enter into a written agreement with the Commission to permit its eligible regular students to participate in the scholarship program. Until such an institution has agreed to comply with the requirements of this Act, the Commission may not recognize it as a participating institution and no student enrolled at the institution as a regular student may participate in the scholarship program. The executive director shall develop a standard contract document for execution by such institutions. The standard contract shall obligate a participating institution, at a minimum, to do all of the following:

(1) Comply with all requirements placed upon participating institutions in this Act.

(2) Review existing institutional procedures and policies and provide any special assistance that may be necessary to permit students to comply with the scholarship program requirements.

(3) Notify prospective students of the program's availability and of procedures employed by the participating institution to implement the program.

(4) Process student applications for each academic term by distributing and collecting student applications and verifying eligibility of applicants.

(5) Submit to the executive director a roster of its eligible regular students on October 1 or the first working day thereafter and on February 28 or the first working day thereafter.

(6) Permit participating students to attend classes without the obligation to make payment towards that portion of tuition and fee charges that will be covered by scholarship program funds and without any interest or penalty if funds are disbursed after the time when tuition and fee charges ordinarily accrue interest or penalties.

(7) Allocate funds transferred by the executive director to the benefit of each eligible student participating in the scholarship program.

(8) Document the application of all funds received.

(9) Administer the program under the same procedures employed to administer other financial aid programs that the participating institution offers to its students, subject to such adjustments as may be needed to comply with scholarship program requirements.

(10) Treat mid-semester withdrawals of program participants in the same manner that the institution treats withdrawal of students who receive federal financial aid, prorating the aid allocable to the student based upon active attendance and remitting to the Commission such sums as have not been earned by the student prior to the last day of attendance.

(11) Expedite the preparation of official transcripts and other documentation required by participating students who transfer to other participating institutions, unless, under institutional policy, a transferring student is ineligible for the release of academic records pending settlement of outstanding debts to the institution.

(12) Cooperate with the executive director in all matters relating to assessment of the operation and effectiveness of the scholarship program.

(13) Cooperate with the executive director in all matters relating to the audit of program administration.

(14) Provide prompt assistance to the executive director in responding to legislative inquiries.

(15) Accept such amendments or modifications to the standard contract terms as the executive director may subsequently prescribe.

Section 99. Effective date. This Act takes effect July 1, 2005.