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Public Act 91-0496
HB1657 Enrolled LRB9101869NTsb
AN ACT to amend the Higher Education Student Assistance
Act by changing Sections 40, 65.15, and 65.40.
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 40, 65.15, and 65.40 as
follows:
(110 ILCS 947/40)
Sec. 40. Veteran grant. Any person who served in the
armed forces of the United States, not including members of
the Student Army Training Corps, who at the time of entering
service was an Illinois resident or was an Illinois resident
within 6 months of entering such service, and who returned to
Illinois within 6 months after leaving service or, if married
to a person in continued military service stationed outside
Illinois, within 6 months after his or her spouse has left
service or has been stationed within Illinois, and who has
been honorably discharged from such service, and who
possesses all necessary entrance requirements shall, except
as otherwise provided in this Act, upon application and
proper proof, be awarded an Illinois Veteran Grant consisting
of the equivalent of 4 calendar years of full-time
enrollment, including summer terms, to the State-controlled
college or university or community college of his choice.
Such veterans shall also be entitled, upon proper proof and
application, to enroll in any extension course offered by a
State-controlled college or university or community college
without the payment of tuition or fees.
Any veteran who so served, and who, at the time of
entering such service, was a student at a State-controlled
college or university or community college, and who was
honorably discharged from such service, shall, upon
application and proper proof be awarded a Veteran Grant
entitling him to complete his course of study at any
State-controlled college or university or community college
of his choice, but shall not be entitled to a grant
consisting of more than the equivalent of 4 calendar years of
full-time enrollment including summer sessions.
Any member of the armed forces of the United States who
either (i) has served in such armed forces at least one year,
or (ii) has served in the armed forces of the United States
for less than one year in a time of hostilities in a foreign
country, and who would be qualified for a grant under this
Section if he had been discharged from such service shall be
eligible to receive a Veteran Grant under this Section.
The holder of a Veteran Grant to the State-controlled
college or university or community college of his choice as
authorized under this Section shall not be required to pay
any matriculation or application fees, tuition, activities
fees, graduation fees, or other fees except multipurpose
building fees or similar fees for supplies and materials.
Any veteran who has been or shall be awarded a Veteran
Grant shall be reimbursed by the appropriate college,
university, or community college for any fees which he has
paid and for which exemption is granted under this Section,
if application for reimbursement is made within 2 3 months
following the school term for which the fees were paid.
A Veteran Grant shall be considered an entitlement which
the State-controlled college or university or community
college in which the holder is enrolled shall honor without
any condition other than the holder's maintenance of minimum
grade levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20.
A grant authorized under this Section shall not be
awarded to veterans who received a discharge from the armed
forces of the United States under dishonorable conditions, or
to any veteran whose service with the armed forces was for
less than one year unless he received an honorable discharge
from such service for medical reasons directly connected with
such service, except for those veterans discharged prior to
August 11, 1967 whose service may be for less than one year,
and except for those veterans (i) who serve in the armed
forces of the United States for less than one year in a time
of hostilities in a foreign country and (ii) who receive an
honorable discharge.
The amounts that become due to any State-controlled
college or university or community college shall be payable
by the Comptroller to that institution on vouchers approved
by the Commission. The Commission, or its designated
representative at that institution, shall determine the
eligibility of the persons who make application for the
benefits provided for in this Section. The Department of
Veterans' Affairs shall assist the Commission in determining
the eligibility of applicants. On July 29, 1986, the
Illinois Department of Veterans' Affairs shall transfer and
deliver to the Commission all books, records, papers,
documents, applications and pending business in any way
pertaining to the duties, responsibilities and authority
theretofore exercised or performed by the Illinois Department
of Veterans' Affairs under and pursuant to Section 4.1 of the
Department of Veterans Affairs Act.
The benefits provided for in this Section shall be
available as long as the federal government provides
educational benefits to veterans. No benefits shall be paid
under this Section, except for veterans who already have
begun their education under this Section, after 6 months
following the termination of educational benefits to veterans
by the federal government. If the federal government
terminates educational benefits to veterans and at a later
time resumes those benefits, the benefits of this Section
shall resume.
As used in this Section, "time of hostilities in a
foreign country" means any action by the armed forces of the
United States that is recognized by the issuance of a
Presidential proclamation or a Presidential executive order
and in which the armed forces expeditionary medal or other
campaign service medals are awarded according to Presidential
executive order.
(Source: P.A. 90-752, eff. 8-14-98.)
(110 ILCS 947/65.15)
Sec. 65.15. Special education teacher Teachers
scholarships.
(a) There shall be awarded annually at the end of each
school year 250 scholarships to persons qualifying as members
of either of the following groups:
(1) Students who are otherwise qualified to receive
a scholarship as provided in subsections (b) and (c) of
this Section and who make application to the Commission
for such scholarship and agree to take courses that will
prepare the student for the teaching of children
described in Section 14-1 of the School Code.
(2) Persons holding a valid certificate issued
under the laws relating to the certification of teachers
and who make application to the Commission for such
scholarship and agree to take courses that will prepare
them for the teaching of children described in Section
14-1 of the School Code.
Scholarships awarded under this Section shall be issued
pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the
Commission under this Section shall be affected thereby, and
all such rules and regulations shall become the rules and
regulations of the Commission until modified or changed by
the Commission in accordance with law.
For the purposes of this Section scholarships awarded
each school year shall be deemed to be issued on July 1 of
the year prior to in which the start of the postsecondary
school term ends 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) On or before March 1 in Each year, the principal,
or his or her designee, of each recognized public, private
and parochial high school maintaining the twelfth grade shall
certify to the Commission regional superintendent of schools
of the county in which such high school is located the names
and addresses of all students who are completing an
application with the intent to prepare to teach in any
recognized public, private, or parochial school of Illinois
and ranked scholastically in the upper one-half of their
graduating class or, for those not yet and who graduated,
whose from such school during the preceding school year in
the order of their scholastic rank in the 4-year high school
course of study at the end of the seventh semester is in the
upper one-half of their class. The name of no student shall
be so certified unless the student signifies in a letter
presented to the principal the student's intention to prepare
to teach in the public schools of Illinois.
(c) The regional superintendent of schools shall on or
before May 15 of each year certify the names and addresses of
students certified to him or her for that year under
subsection (b) to the Commission, which shall issue to each
student whose rank, as shown on the list of names and
addresses submitted entitled the student to a certificate of
scholarship which shall be accepted by any of the
universities designated in subsection (a) of Section 65-40 in
lieu of any entrance examination. 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 scholastic rank as shown on the list
held by submitted to the Commission. If the person having
the next highest scholastic 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 scholastic rank next below such person.
If the principal of any recognized public, private and
parochial high school maintaining the twelfth grade fails to
certify to the regional superintendent of schools on or
before May 1 of any year in accordance with subsection (b)
the names of a sufficient number of students to fill the
scholarship or scholarships provided for in subsection (a),
the scholarship or scholarships available to high schools for
which no names are certified shall become available to any
eligible student from any other recognized public, private
and parochial high school maintaining the twelfth grade in
the region and the scholarships available for which no names
are certified, shall become available to any eligible
student. In order to fill any such scholarship, the regional
superintendent of schools shall certify on or before May 15
of each year the name and address of any student certified to
him or her by the principal of any other school in the region
under subsection (b) to the Commission, which shall issue to
such student a certificate of scholarship as provided in this
Section.
Any scholarship that has become or becomes available to
any eligible student in the region and is not issued before
June 30 following the date it was available shall be
transferred to a State pool under the Commission and may be
issued to a student in a region that has used all
scholarships available to that region. In order to obtain a
scholarship in the State pool the regional superintendent of
schools shall certify to the Commission that all scholarships
available to his or her region have been filled and the name
and address of any student certified to him or her by the
principal of any school in the region under subsection (b).
Upon such certification the Commission shall issue a
certificate of scholarship from any available scholarship in
the State pool.
(d) Any person who has accepted a scholarship under the
preceding subsections of this Section must, after graduation
from or termination of enrollment in a teacher education
program, teach in any recognized public, private or parochial
school in this State for 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 4 years spent in the military
service, whether such service occurs before or after the
person graduates; (ii), and excluding from the computation of
that 5 year period any time that person is enrolled full-time
in an academic program related to the field of teaching
leading to a graduate or postgraduate degree; (iii) the time
that person is temporarily totally disabled for a period of
time not to exceed 3 years, as established by the sworn
affidavit of a qualified physician; (iv) the time that person
is seeking and unable to find full time employment as a
teacher at an Illinois public, private, or parochial school;
or (v) the time that person is taking additional courses, on
at least a half-time basis, needed to obtain certification as
a teacher in Illinois.
A person who has accepted a scholarship under the
preceding subsections of this Section and who has been unable
to fulfill the teaching requirements of this Section may
receive a deferment from the obligation of repayment under
this subsection (d) under guidelines established by the
Commission; provided that no guideline established for any
such purpose by the State Board of Education prior to the
effective date of this amendatory Act of 1993 shall be
affected by the transfer to the Commission of the
responsibility for administering and implementing the
provisions of this Section, and all guidelines so established
shall become the guidelines of the Commission until modified
or changed by the Commission.
Any such person who fails to fulfill this teaching
requirement shall pay to the Commission the amount of tuition
waived by virtue of his or her acceptance of the scholarship,
together with interest at 5% per year on that amount.
However, this obligation to repay the amount of tuition
waived plus interest does not apply when the failure to
fulfill the teaching requirement results from the death or
adjudication as a person under legal disability of the person
holding the scholarship, and no claim for repayment may be
filed against the estate of such a decedent or person under
legal disability. Payments received by the Commission under
this subsection (d) shall be remitted to the State Treasurer
for deposit in the general revenue fund. Each person
receiving applying for such a scholarship shall be provided
with a description of the provisions copy of this subsection
(d) at the time he or she qualifies applies for the benefits
of such a scholarship.
(e) This Section is basically substantially 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. 88-228; 88-670, eff. 12-2-94.)
(110 ILCS 947/65.40)
Sec. 65.40. General provisions; leaves of absence.
(a) The scholarships issued under Section Sections 65.15
through 65.35 may be used at the University of Illinois,
Southern Illinois University, Chicago State University,
Eastern Illinois University, Governors State University,
Illinois State University, Northeastern Illinois University,
Northern Illinois University, and Western Illinois University
as provided in those Sections. Unless otherwise indicated,
the these scholarships shall be good for a period of not more
than 4 years while enrolled for residence credit and shall
exempt the holder from the payment of tuition and other
necessary fees as defined in Section 35 of this Act, or any
matriculation, graduation, activity, term or incidental fee,
except any portion of a multipurpose fee which is used for a
purpose for which exemption is not granted under this
Section. Exemption shall not be granted from any other fees,
including book rental, service, laboratory, supply, union
building, hospital and medical insurance fees and any fees
established for the operation and maintenance of buildings,
the income of which is pledged to the payment of interest and
principal on bonds issued by the governing board of any
university or community college.
Any student who has been or shall be awarded a
scholarship shall be reimbursed by the appropriate university
or community college for any charges fees which he or she has
paid and for which exemption is granted under this Section,
if application for such reimbursement is made within 2 months
following the school term for which the charges fees were
paid.
The holder of a scholarship shall be subject to all
examinations, rules and requirements of the university or
community college in which he or she is enrolled except as
herein directed.
This Section does not prohibit the Board of Trustees of
the University of Illinois, the Board of Trustees of Southern
Illinois University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, and the Board of Trustees of Western Illinois
University for the institutions under their respective
jurisdictions from granting other scholarships.
(b) Any student enrolled in a university to which he or
she is holding a scholarship issued under Section Sections
65.15 through 65.35 who satisfies the president of the
university or someone designated by the president that the
student requires leave of absence for the purpose of earning
funds to defray his or her expenses while in attendance or on
account of illness or military service may be granted such
leave and allowed a period of not to exceed 6 years in which
to complete his or her course at the university. Time spent
in the armed forces shall not be part of the 6 years.
(Source: P.A. 88-228; 89-4, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect July
1, 1999.
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