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Public Act 103-0448


 

Public Act 0448 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0448
 
HB3498 EnrolledLRB103 29879 RJT 56289 b

    AN ACT concerning education.
 
    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 State of
    Illinois High School Diploma and has maintained a
    cumulative grade point average 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 any of the
    following:
            (1) American Indian or Alaska Native (a person
        having origins in any of the original peoples of North
        and South America, including Central America, and who
        maintains tribal affiliation or community attachment).
            (2) Asian (a person having origins in any of the
        original peoples of the Far East, Southeast Asia, or
        the Indian subcontinent, including, but not limited
        to, Cambodia, China, India, Japan, Korea, Malaysia,
        Pakistan, the Philippine Islands, Thailand, and
        Vietnam).
            (3) Black or African American (a person having
        origins in any of the black racial groups of Africa).
            (4) Hispanic or Latino (a person of Cuban,
        Mexican, Puerto Rican, South or Central American, or
        other Spanish culture or origin, regardless of race).
            (5) Native Hawaiian or Other Pacific Islander (a
        person having origins in any of the original peoples
        of Hawaii, Guam, Samoa, or other Pacific Islands).
        "Qualified bilingual minority applicant" means a
    qualified student who demonstrates proficiency in a
    language other than English by (i) receiving a State Seal
    of Biliteracy from the State Board of Education or (ii)
    receiving a passing score on an educator licensure target
    language proficiency test.
        "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 basis at a qualified
    Illinois institution of higher learning; (v) who is
    enrolled in a course of study leading to teacher
    licensure, including alternative teacher licensure, or, if
    the student is already licensed to teach, in a course of
    study leading to an additional teaching endorsement or a
    master's degree in an academic field in which he or she is
    teaching or plans to teach or who has received one or more
    College and Career Pathway Endorsements pursuant to
    Section 80 of the Postsecondary and Workforce Readiness
    Act and commits to enrolling in a course of study leading
    to teacher licensure, including alternative teacher
    licensure; (vi) who maintains a grade point average of no
    less than 2.5 on a 4.0 scale; 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 and to address and
alleviate the teacher shortage crisis in this State described
under the provisions of the Transitions in Education Act, 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. However, if at least $2,850,000 is appropriated in a
given fiscal year for the Minority Teachers of Illinois
scholarship program, then, in each fiscal year thereafter,
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 qualified Illinois institution of higher
learning at which the recipient is enrolled, up to an annual
maximum of $7,500; 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 $7,500.
    (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.
    (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 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 to qualified students who submit a complete application
form on or before a date specified by the Commission based on
the following order of priority:
        (1) To students who received a scholarship under this
    Section in the prior academic year and who remain eligible
    for a minority teacher scholarship under this Section.
        (2) Except as otherwise provided in subsection (k), to
    students who demonstrate financial need, as determined by
    the Commission.
    (k) Notwithstanding paragraph (2) of subsection (j), at
least 35% of the funds appropriated for scholarships awarded
under this Section in each fiscal year shall be reserved for
qualified male minority applicants, with priority being given
to qualified Black male applicants beginning with fiscal year
2023. If the Commission does not receive enough applications
from qualified male minorities on or before January 1 of each
fiscal year to award 35% 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 in accordance with
subsection (j).
    Beginning with fiscal year 2023, if at least $2,850,000
but less than $4,200,000 is appropriated in a given fiscal
year for scholarships awarded under this Section, then at
least 10% of the funds appropriated shall be reserved for
qualified bilingual minority applicants, with priority being
given to qualified bilingual minority applicants who are
enrolled in an educator preparation program with a
concentration in bilingual, bicultural education. Beginning
with fiscal year 2023, if at least $4,200,000 is appropriated
in a given fiscal year for the Minority Teachers of Illinois
scholarship program, then at least 30% of the funds
appropriated shall be reserved for qualified bilingual
minority applicants, with priority being given to qualified
bilingual minority applicants who are enrolled in an educator
preparation program with a concentration in bilingual,
bicultural education. Beginning with fiscal year 2023, if at
least $2,850,000 is appropriated in a given fiscal year for
scholarships awarded under this Section but the Commission
does not receive enough applications from qualified bilingual
minority applicants on or before January 1 of that fiscal year
to award at least 10% of the funds appropriated to qualified
bilingual minority applicants, then the Commission may, in its
discretion, award a portion of the reserved funds to other
qualified students in accordance with subsection (j).
    (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 period following the
termination of the program for which the recipient was awarded
a minority teacher scholarship, the recipient (i) shall begin
teaching for a period of not less than one year for each year
of scholarship assistance he or she was awarded under this
Section; (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 or
may instead, if the recipient received a scholarship as a
qualified bilingual minority applicant, fulfill this teaching
obligation in a program in transitional bilingual education
pursuant to Article 14C of the School Code or in a school in
which 20 or more English learner students in the same language
classification are enrolled; 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. If a recipient who enters into repayment
under this subsection (m) subsequently, within 5 years of
entering repayment, begins to teach at a school meeting the
description under subsection (l) of this Section, the
Commission may reduce the amount owed by the recipient in
proportion to the amount of the teaching obligation completed.
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 a person with a temporary total disability
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; (v) becomes a person with a permanent total
disability as established by sworn affidavit of a qualified
physician; (vi) is taking additional courses, on at least a
half-time basis, needed to obtain licensure as a teacher in
Illinois; or (vii) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation.
    (o) Scholarship recipients under this Section who withdraw
from a program of teacher education 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.
    (p) If the Minority Teachers of Illinois scholarship
program does not expend at least 90% of the amount
appropriated for the program in a given fiscal year for 3
consecutive fiscal years and the Commission does not receive
enough applications from the groups identified in subsection
(k) on or before January 1 in each of those fiscal years to
meet the percentage reserved for those groups under subsection
(k), then up to 3% of amount appropriated for the program for
each of next 3 fiscal years shall be allocated to increasing
awareness of the program and for the recruitment of Black male
applicants. The Commission shall make a recommendation to the
General Assembly by January 1 of the year immediately
following the end of that third fiscal year regarding whether
the amount allocated to increasing awareness and recruitment
should continue.
    (q) Each qualified Illinois institution of higher learning
that receives funds from the Minority Teachers of Illinois
scholarship program shall host an annual information session
at the institution about the program for teacher candidates of
color in accordance with rules adopted by the Commission.
Additionally, the institution shall ensure that each
scholarship recipient enrolled at the institution meets with
an academic advisor at least once per academic year to
facilitate on-time completion of the recipient's educator
preparation program.
    (r) The changes made to this Section by Public Act 101-654
will first take effect with awards made for the 2022-2023
academic year.
(Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22;
102-813, eff. 5-13-22; 102-1100, eff. 1-1-23.)
 
    (110 ILCS 947/52)
    Sec. 52. Golden Apple Scholars of Illinois Program; Golden
Apple Foundation for Excellence in Teaching.
    (a) In this Section, "Foundation" means the Golden Apple
Foundation for Excellence in Teaching, a registered 501(c)(3)
not-for-profit corporation.
    (a-2) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers, especially in teacher shortage disciplines (which
shall be defined to include early childhood education) or at
hard-to-staff schools (as defined by the Commission in
consultation with the State Board of Education), to provide
those students with the crucial mentoring, guidance, and
in-service support that will significantly increase the
likelihood that they will complete their full teaching
commitments and elect to continue teaching in targeted
disciplines and hard-to-staff schools, and to ensure that
students in this State will continue to have access to a pool
of highly-qualified teachers, each qualified student shall be
awarded a Golden Apple Scholars of Illinois Program
scholarship to any Illinois institution of higher learning.
The Commission shall administer the Golden Apple Scholars of
Illinois Program, which shall be managed by the Foundation
pursuant to the terms of a grant agreement meeting the
requirements of Section 4 of the Illinois Grant Funds Recovery
Act.
    (a-3) For purposes of this Section, a qualified student
shall be a student who meets the following qualifications:
        (1) is a resident of this State and a citizen or
    eligible noncitizen of the United States;
        (2) is a high school graduate or a person who has
    received a State of Illinois High School Diploma;
        (3) is enrolled or accepted, on at least a half-time
    basis, at an institution of higher learning;
        (4) is pursuing a postsecondary course of study
    leading to initial certification or pursuing additional
    course work needed to gain State Board of Education
    approval to teach, including alternative teacher
    licensure; and
        (5) is a participant in programs managed by and is
    approved to receive a scholarship from the Foundation.
    (a-5) (Blank).
    (b) (Blank).
    (b-5) Funds designated for the Golden Apple Scholars of
Illinois Program shall be used by the Commission for the
payment of scholarship assistance under this Section or for
the award of grant funds, subject to the Illinois Grant Funds
Recovery Act, to the Foundation. Subject to appropriation,
awards of grant funds to the Foundation shall be made on an
annual basis and following an application for grant funds by
the Foundation.
    (b-10) Each year, the Foundation shall include in its
application to the Commission for grant funds an estimate of
the amount of scholarship assistance to be provided to
qualified students during the grant period. Any amount of
appropriated funds exceeding the estimated amount of
scholarship assistance may be awarded by the Commission to the
Foundation for management expenses expected to be incurred by
the Foundation in providing the mentoring, guidance, and
in-service supports that will increase the likelihood that
qualified students will complete their teaching commitments
and elect to continue teaching in hard-to-staff schools. If
the estimate of the amount of scholarship assistance described
in the Foundation's application is less than the actual amount
required for the award of scholarship assistance to qualified
students, the Foundation shall be responsible for using
awarded grant funds to ensure all qualified students receive
scholarship assistance under this Section.
    (b-15) All grant funds not expended or legally obligated
within the time specified in a grant agreement between the
Foundation and the Commission shall be returned to the
Commission within 45 days. Any funds legally obligated by the
end of a grant agreement shall be liquidated within 45 days or
otherwise returned to the Commission within 90 days after the
end of the grant agreement that resulted in the award of grant
funds.
    (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 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. All scholarship funds distributed in accordance with
this Section shall be paid to the institution on behalf of
recipients.
    (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. In any academic year for which a
qualified student under this Section accepts financial
assistance through any other teacher scholarship program
administered by the Commission, a qualified student shall not
be eligible for scholarship assistance awarded under this
Section.
    (e) A recipient may receive up to 8 semesters or 12
quarters of scholarship assistance under this Section.
Scholarship funds are applicable toward 2 semesters or 3
quarters of enrollment each academic year.
    (f) All applications for scholarship assistance to be
awarded under this Section shall be made to the Foundation in a
form determined by the Foundation. Each year, the Foundation
shall notify the Commission of the individuals awarded
scholarship assistance under this Section. Each year, at least
30% of the Golden Apple Scholars of Illinois Program
scholarships shall be awarded to students residing in counties
having a population of less than 500,000.
    (g) (Blank).
    (h) The Commission shall administer the payment of
scholarship assistance provided through the Golden Apple
Scholars of Illinois Program and shall make all necessary and
proper rules not inconsistent with this Section for the
effective implementation of this Section.
    (i) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Foundation to sign an
agreement under which the recipient pledges that, within the
2-year period following the termination of the academic
program for which the recipient was awarded a scholarship, the
recipient: (i) shall begin teaching for a period of not less
than 5 years, (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool or
an Illinois public elementary or secondary school that
qualifies for teacher loan cancellation under Section
465(a)(2)(A) of the federal Higher Education Act of 1965 (20
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
eligible for fulfilling the teaching commitment as designated
by the Foundation, and (iii) shall, upon request of the
Foundation, provide the Foundation with evidence that he or
she is fulfilling or has fulfilled the terms of the teaching
agreement provided for in this subsection. Upon request, the
Foundation shall provide evidence of teacher fulfillment to
the Commission.
    (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% and, if
applicable, reasonable collection fees. If a recipient who
enters into repayment under this subsection (j) subsequently,
within 5 years of entering repayment, begins to teach at a
school meeting the description under subsection (i) of this
Section, the Commission may reduce the amount owed by the
recipient in proportion to the amount of the teaching
obligation completed. Reduction of the amount owed shall not
be construed as reinstatement in the Golden Apple Scholars
program. Reinstatement in the program shall be solely at the
discretion of the Golden Apple Foundation on terms determined
by the Foundation. Payments received by the Commission under
this subsection (j) shall be remitted to the State Comptroller
for deposit into the General Revenue Fund, except that that
portion of a recipient's repayment that equals the amount in
expenses that the Commission has reasonably incurred in
attempting collection from that recipient shall be remitted to
the State Comptroller for deposit into the ISAC Accounts
Receivable Fund, a special fund in the State treasury.
    (k) A recipient of a scholarship awarded by the Foundation
under this Section shall not be considered to have failed to
fulfill the teaching obligations 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 a person with a temporary total
disability, as established by sworn affidavit of a qualified
physician; (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; (v) is taking additional courses, on at
least a half-time basis, needed to obtain certification as a
teacher in Illinois; (vi) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation;
or (vii) is participating in a program established under
Executive Order 10924 of the President of the United States or
the federal National Community Service Act of 1990 (42 U.S.C.
12501 et seq.). 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.
    (l) A recipient who fails to fulfill the teaching
obligations of the agreement entered into pursuant to
subsection (i) of this Section shall repay the amount of
scholarship assistance awarded to them under this Section
within 10 years.
    (m) Annually, at a time determined by the Commission in
consultation with the Foundation, the Foundation shall submit
a report to assist the Commission in monitoring the
Foundation's performance of grant activities. The report shall
describe the following:
        (1) the Foundation's anticipated expenditures for the
    next fiscal year;
        (2) the number of qualified students receiving
    scholarship assistance at each institution of higher
    learning where a qualified student was enrolled under this
    Section during the previous fiscal year;
        (3) the total monetary value of scholarship funds paid
    to each institution of higher learning at which a
    qualified student was enrolled during the previous fiscal
    year;
        (4) the number of scholarship recipients who completed
    a baccalaureate degree during the previous fiscal year;
        (5) the number of scholarship recipients who fulfilled
    their teaching obligation during the previous fiscal year;
        (6) the number of scholarship recipients who failed to
    fulfill their teaching obligation during the previous
    fiscal year;
        (7) the number of scholarship recipients granted an
    extension described in subsection (k) of this Section
    during the previous fiscal year;
        (8) the number of scholarship recipients required to
    repay scholarship assistance in accordance with subsection
    (j) of this Section during the previous fiscal year;
        (9) the number of scholarship recipients who
    successfully repaid scholarship assistance in full during
    the previous fiscal year;
        (10) the number of scholarship recipients who
    defaulted on their obligation to repay scholarship
    assistance during the previous fiscal year;
        (11) the amount of scholarship assistance subject to
    collection in accordance with subsection (j) of this
    Section at the end of the previous fiscal year;
        (12) the amount of collected funds to be remitted to
    the Comptroller in accordance with subsection (j) of this
    Section at the end of the previous fiscal year; and
        (13) other information that the Commission may
    reasonably request.
    (n) Nothing in this Section shall affect the rights of the
Commission to collect moneys owed to it by recipients of
scholarship assistance through the Illinois Future Teacher
Corps Program, repealed by Public Act 98-533.
    (o) The Auditor General shall prepare an annual audit of
the operations and finances of the Golden Apple Scholars of
Illinois Program. This audit shall be provided to the
Governor, General Assembly, and the Commission.
    (p) The suspension of grant making authority found in
Section 4.2 of the Illinois Grant Funds Recovery Act shall not
apply to grants made pursuant to this Section.
(Source: P.A. 102-1071, eff. 6-10-22; 102-1100, eff. 1-1-23;
revised 12-13-22.)
 
    (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 any 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.
        (3) Persons who (A) have graduated high school; (B)
    have not been certified as a teacher; and (C) 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) The principal, or his or her designee, of an approved
high school shall certify to the Commission, for students who
are Illinois residents and are completing an application, that
the students ranked scholastically in the upper one-half of
their graduating class at the end of the sixth semester.
    (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 public, private, or parochial preschool or elementary
or secondary school 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 a person with a temporary total disability 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;
(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; or (vi) the time that person is
fulfilling teaching requirements associated with other
programs administered by the Commission if he or she cannot
concurrently fulfill them under this Section in a period of
time equal to the length of the teaching obligation.
    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. If a recipient who enters into repayment under
this paragraph subsequently, within 5 years of entering
repayment, begins to teach at a school meeting the description
under this subsection (d), the Commission may reduce the
amount owed by the recipient in proportion to the amount of the
teaching obligation completed. 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. 99-143, eff. 7-27-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2023