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Public Act 92-0043
HB2436 Enrolled LRB9204486NTsbA
AN ACT concerning higher education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Education Scholarship Law is
amended by changing Sections 2, 3, 4, 5, 6, 7, and 9 as
follows:
(110 ILCS 975/2) (from Ch. 144, par. 2752)
Sec. 2. Legislative finding and declaration of policy.
The General Assembly finds and hereby declares that the
provision of a higher education leading to an associate
degree in of nursing, an associate degree in of applied
sciences in nursing, a hospital-based diploma in hospital
based nursing, program diploma, completion of a practical
nursing education program, and a baccalaureate degree in
nursing, or a certificate in practical nursing for persons of
this State who desire such an education is important to the
health, welfare and security of this State and Nation, and
consequently is an important public purpose. Many qualified
and potential nurses are deterred by financial considerations
from pursuing their nursing education, with consequent
irreparable loss to the State and Nation of talents vital to
health, welfare and security. A system of scholarships,
repayment of which may be excused if the individual is
employed as a registered practices professional nurse nursing
or a licensed practical nurse nursing after obtaining an
associate degree in nursing, associate degree in of applied
sciences in nursing, or hospital-based diploma in completing
a practical nursing education program, hospital based
nursing, program diploma, or a baccalaureate degree in
nursing, or certificate in practical nursing, will enable
such individuals to attend approved qualified institutions of
their choice in the State, public or private.
(Source: P.A. 89-237, eff. 8-4-95.)
(110 ILCS 975/3) (from Ch. 144, par. 2753)
Sec. 3. Definitions.
The following terms, whenever used or referred to, have
the following meanings except where the context clearly
indicates otherwise:
(1) "Board" means the Board of Higher Education created
by the Board of Higher Education Act.
(2) "Department" means the Illinois Department of Public
Health.
(3) "Approved institution" means a public community
college, private junior college, hospital-based diploma in
hospital based nursing program, or public or private college
or university located in this State that which has National
League for Nursing accreditation or approval by the
Department of Professional Regulation for an the associate
degree program in nursing program, associate degree in of
applied sciences in nursing program, hospital-based diploma
in hospital based nursing program diploma, baccalaureate
degree in nursing program, or certificate in practical
nursing education program of not less than one academic year,
or baccalaureate degree in nursing.
(4) "Baccalaureate degree in nursing program" means a
program offered by an approved institution and leading to a
bachelor of science degree in nursing.
(5) "Enrollment" means the establishment and maintenance
of an individual's status as a student in an approved
institution, regardless of the terms used at the institution
to describe such status.
(6) "Academic year" means the period of time from
September 1 of one year through August 31 of the next year or
as otherwise defined by the academic institution.
(7) "Associate degree in nursing program or
hospital-based diploma in nursing hospital based program"
means a program offered by an approved institution and
leading to an the associate degree in of nursing, associate
degree in of applied sciences in nursing, or hospital-based
diploma in nursing hospital based nursing program diploma.
(8) "Director" means the Director of the Illinois
Department of Public Health.
(9) "Accepted for admission" means a student has
completed the requirements for entry into an associate degree
in nursing program, associate degree in applied sciences in
nursing program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, or certificate in
practical nursing program at an approved institution, as
documented by the institution.
(10) "Fees" means those mandatory charges, in addition
to tuition, that all enrolled students must pay, including
required course or lab fees.
(11) "Full-time student" means a student enrolled for at
least 12 hours per term or as otherwise determined by the
academic institution.
(12) "Law" means the Nursing Education Scholarship Law.
(13) "Nursing employment obligation" means employment in
this State as a registered professional nurse or licensed
practical nurse in direct patient care for at least one year
for each year of scholarship assistance received through the
Nursing Education Scholarship Program.
(14) "Part-time student" means a person who is enrolled
for at least one-third of the number of hours required per
term by a school for its full-time students.
(15) "Practical nursing program" means a program offered
by an approved institution leading to a certificate in
practical nursing.
(16) "Registered professional nurse" means a person who
is currently licensed as a registered professional nurse by
the Department of Professional Regulation under the Nursing
and Advanced Practice Nursing Act.
(17) "Licensed practical nurse" means a person who is
currently licensed as a licensed practical nurse by the
Department of Professional Regulation under the Nursing and
Advanced Practice Nursing Act.
(18) "School term" means an academic term, such as a
semester, quarter, trimester, or number of clock hours, as
defined by an approved institution.
(19) "Student in good standing" means a student
maintaining a cumulative grade point average equivalent to at
least the academic grade of a "C".
(20) "Total and permanent disability" means a physical
or mental impairment, disease, or loss of a permanent nature
that prevents nursing employment with or without reasonable
accommodation. Proof of disability shall be a declaration
from the social security administration, Illinois Industrial
Commission, Department of Defense, or an insurer authorized
to transact business in Illinois who is providing disability
insurance coverage to a contractor.
(21) "Tuition" means the established charges of an
institution of higher learning for instruction at that
institution.
(Source: P.A. 86-1467; 87-577.)
(110 ILCS 975/4) (from Ch. 144, par. 2754)
Sec. 4. Functions of Department. The Department shall
prepare and supervise the issuance of public information
about the provisions of this Article; prescribe the form and
regulate the submission of applications for scholarships;
determine the eligibility of applicants; award the
appropriate scholarships; prescribe the contracts or other
acknowledgments of scholarship which an applicant is required
to execute; and determine whether all or any part of a
recipient's an applicant's scholarship needs to be monetarily
repaid, or has been excused from repayment, and the extent of
any repayment or excused repayment. The Department may
require a scholarship recipient to reimburse the State for
expenses, including but not limited to attorney's fees,
incurred by the Department or other agent of the State for a
successful legal action against the recipient for a breach of
any provision of the scholarship contract. In a breach of
contract, the Department may utilize referral to the
Department of Professional Regulation to revoke, suspend,
refuse to renew, place on probationary status, or take other
disciplinary action concerning the recipient's credentials.
The Department is authorized to make all necessary and proper
rules, not inconsistent with this Article, for the efficient
exercise of the foregoing functions.
(Source: P.A. 86-1467.)
(110 ILCS 975/5) (from Ch. 144, par. 2755)
Sec. 5. Nursing education full-time undergraduate
scholarships. Beginning with the fall term of the 2002-2003
1991-1992 academic year, 500 scholarships shall be provided
each year for qualified individuals who desire to enter an
approved institution awarding an associate degree, nursing
diploma, or baccalaureate degree in nursing or offering an
approved practical nursing education program of not less than
one academic year. Of the 500 scholarships provided each
year, at least 50 shall go to persons entering an approved
practical nursing education program of not less than one
academic year. the Department, in accordance with rules and
regulations promulgated by it for this program, shall provide
scholarships to individuals selected funding and shall
designate each year's new recipients from among those
applicants who qualify for consideration by showing:
(1) that he or she has been a resident of this
State for at least one year prior to application, and is
a citizen or a lawful permanent resident alien of the
United States;
(2) that he or she is enrolled in or accepted proof
of enrollment or acceptance for admission to an associate
degree in a practical nursing program, hospital-based
associate degree nursing, diploma in nursing program, or
baccalaureate degree in nursing program, or practical
nursing program at an approved institution; and
(3) that he or she agrees to meet the nursing
employment obligation serve as a registered professional
nurse or licensed practical nurse in Illinois in
accordance with Section 6.
If in any year the number of qualified applicants exceeds
the number of scholarships to be awarded, the Department
shall give priority in awarding scholarships to students in
the greatest financial need, as shown on a standardized
financial needs assessment form used by an approved
institution who will pursue their education on a full-time or
closest to full-time basis and who already have a certificate
in practical nursing, a diploma in nursing, or an associate
degree in nursing and are pursuing a higher degree. The
Department shall consider factors such as the applicant's
family income, the size of the applicant's family and the
number of other children in the applicant's family attending
college, and whether the applicant is the head of the
household in determining the financial need of the
individual.
Unless otherwise indicated, these scholarships shall be
awarded to recipients at approved institutions good for a
period of up to 2 3 years if while the recipient is enrolled
in an associate degree in nursing program, up to 3 years if
the recipient is enrolled in a hospital-based diploma in
nursing program, up to 4 years if the recipient is enrolled
in a baccalaureate degree in nursing program, and up to one
year if the recipient is enrolled in a certificate in
practical nursing program. At least 50% of the scholarships
awarded shall be for recipients who are pursuing
baccalaureate degrees in nursing, 40% of the scholarships
awarded shall be for recipients who are pursuing associate
degrees in nursing or a diploma in nursing, and 10% of the
scholarships awarded shall be for recipients who are pursuing
a certificate in practical nursing. for residence credit at a
community college, private junior college or hospital based
nursing program, and up to 4 years if applicant is pursuing a
baccalaureate degree in a public or private college or
university; except that the length of scholarships for
persons studying to be licensed practical nurses shall be
established by the Department. At least 1/2 of the
scholarships awarded shall be for recipients who shall attend
State supported schools. The scholarship shall cover
tuition, fees and a stipend of $2,500 per year for full-time
students; except that the amount of scholarships for persons
studying to be licensed practical nurses shall be established
by the Department. For purposes of calculating scholarship
awards for recipients attending private junior colleges or
hospital based nursing programs, or private colleges or
universities, tuition and fees for these students at private
approved institutions shall be deemed to not exceed the
Statewide average tuition and fees for students at public
approved institutions for the academic year in which the
scholarship is made.
(Source: P.A. 89-237, eff. 8-4-95.)
(110 ILCS 975/6) (from Ch. 144, par. 2756)
Sec. 6. Nursing requirements for scholarship recipients.
Within 12 months after Upon graduation from an associate
degree in nursing program, hospital-based diploma in nursing
or hospital based program, in professional nursing,
baccalaureate degree in nursing program, or certificate in
practical nursing other program, or course of study any
recipient person who accepted a scholarship under Section 5
shall begin meeting the required nursing employment
obligation, during the 7 year period immediately following
his or her graduation, be employed in this State as a
registered professional nurse or licensed practical nurse, as
each term defined in the Nursing and Advanced Practice
Nursing Act, for at least one year for each year of full-time
scholarship support received. In order to defer his or her
continuous employment obligation, a recipient must request
the deferment in writing from the Department. A recipient
shall notify program staff within 30 days if he or she spends
up to 4 years in military service before or after graduation.
A recipient shall notify program staff within 30 days if he
or she is enrolled in an academic program leading to a
graduate degree in nursing. If a recipient receives funding
through the Nursing Education Scholarship Program for a
higher degree, the nursing employment obligation shall be
deferred until he or she is no longer enrolled or has
graduated. The recipient must begin meeting the required
nursing employment obligations no later than 6 months after
the end of the deferments. If the recipient spends up to 4
years in military service before or after he or she
graduates, the period of military service shall be excluded
from the computation of that 7 year period. A recipient who
is enrolled in an academic program leading to a graduate
degree in nursing shall have the period of graduate study
excluded from the computation of that 7 year period.
Calendar years of required employment will be
proportionally reduced for less than full academic year
scholarship support; provided that employment must be at
least 17.5 hours per week.
Any person who fails to fulfill the nursing employment
obligation requirement shall pay to the Department an amount
equal to the amount of scholarship funds received per year
for each unfulfilled year of the nursing employment
obligation requirement, together with interest at 7% per year
on the unpaid balance. Payment must begin within 6 months
following the date of the occurrence initiating the
repayment. All repayments must be completed within 6 years
from the date of the occurrence initiating the repayment.
However, this obligation may be deferred and re-evaluated
every 6 months to repay does not apply when the failure to
fulfill the nursing employment obligation requirement results
from involuntarily leaving the profession due to a decrease
in the number of nurses employed in the State or when the
failure to fulfill the nursing employment obligation results
from total and permanent disability. The repayment
obligation shall be excused if the failure to fulfill the
nursing employment obligation results from the death or
adjudication as incompetent of the person holding the
scholarship. No claim for repayment may be filed against the
estate of such a decedent or incompetent.
Each person applying for such a scholarship shall be
provided with a copy of this Section at the time of
application he or she applies for the benefits of such
scholarship.
(Source: P.A. 90-742, eff. 8-13-98.)
(110 ILCS 975/7) (from Ch. 144, par. 2757)
Sec. 7. Amount of scholarships. To determine a
scholarship amount, the Department shall consider tuition and
fee charges at community colleges and universities statewide
and projected living expenses. Using information provided
annually by the Illinois Student Assistance Commission, 75%
of the weighted tuition and fees charged by community
colleges in Illinois shall be added to the uniform living
allowance reported in the weighted Monetary Award Program
(MAP) budget to determine the full-time scholarship amount
for students pursuing an associate degree or diploma in
nursing at an Illinois community college. Scholarship
amounts for students pursuing associate or baccalaureate
degrees in nursing at a college or university shall include
75% of the weighted tuition and fees charged by public
universities in Illinois plus the uniform living allowance
reported in the weighted MAP budget. Scholarship amounts for
students in practical nursing programs shall include 75% of
the average of tuition charges at all practical nursing
programs plus the uniform living allowance reported in the
weighted MAP budget. A scholarship shall be for $2,500 per
year for living expenses for the full-time student and up to
$2,000 per year for full-time tuition and fees, or a maximum
of $4,500 per year, less any other State or federal
assistance received by applicant to assist applicant's
pursuit of an associate degree, or hospital based program
diploma, or baccalaureate degree in nursing. The amount of a
scholarship for a person studying to be a licensed practical
nurse, however, shall be determined by the Department. The
full-time student applicant may receive a scholarship for 3
academic years if pursuing an associate degree or diploma,
and for 4 academic years if pursuing a baccalaureate in
nursing degree. A scholarship may be made to a part time
(but not less than 1/3 time) student but it shall cover only
tuition and fees and shall not exceed the aggregate of $4,000
for the total time applicant may take to complete the
associate degree, or hospital based program in nursing, or
baccalaureate nursing program. The Department may provide
that scholarships shall be on a quarterly or semi-annual
basis and shall be contingent upon the student's applicant's
diligently pursuing nursing applicant's studies and being a
student in good standing. Scholarship awards may be provided
to part-time students; the amount shall be determined by
applying the proportion represented by the part-time
enrollment to full-time enrollment ratio to the average
per-term scholarship amount for a student in the same nursing
degree category.
(Source: P.A. 86-1467; 87-577.)
(110 ILCS 975/9) (from Ch. 144, par. 2759)
Sec. 9. Student enrollment and obligations of
institutions.
(a) An approved institution is free to accept a student
an applicant in compliance with its own admissions
requirements, standards, and policies. The Department may
disburse any scholarship for tuition and fees to the approved
institution direct for the payment of tuition and other
necessary fees or for credit against the student's obligation
for such tuition and fees, and upon acceptance thereof the
approved institution shall be contractually obligated (1) to
provide facilities and instruction to the student on the same
terms as to other students generally, and (2) to provide the
notices and information described in this Section.
(b) If, in the course of any academic period, any
student enrolled in any approved institution pursuant to a
scholarship granted under this Article shall for any reason
cease to be a student in good standing, the institution shall
promptly give written notice to the Department concerning
such change of status and the reason therefor.
(c) A student to whom a renewal scholarship has been
awarded may either re-enroll in the institution which he or
she attended during the preceding year, or enroll in any
other approved institution; and in either event, the
institution accepting the student for such enrollment or
re-enrollment shall notify the Department of such acceptance.
(Source: P.A. 86-1467.)
(110 ILCS 975/10 rep.)
Section 10. The Nursing Education Scholarship Law is
amended by repealing Section 10.
Section 99. Effective date. This Act takes effect
January 1, 2002.
Passed in the General Assembly May 23, 2001.
Approved June 29, 2001.
Effective January 01, 2002.
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