SB1791 98TH GENERAL ASSEMBLY

LRB098 09198 NHT 39337 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1791

Introduced 2/15/2013, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

110 ILCS 947/52

Amends the Higher Education Student Assistance Act with respect to the Golden Apple Scholars of Illinois Program. Provides that the transition period for the consolidation of the Illinois Future Teacher Corps Program and the Golden Apple Scholars of Illinois Program into one program shall end no later than the last day (instead of end on the last day) of the 2013 fiscal year. Provides that no later than the last day of the 2013 fiscal year, the Illinois Future Teacher Corps Program shall no longer exist as a separate existing program. Provides that during the transition period, the Illinois Student Assistance Commission may (instead of shall) establish rules. Provides that for Fiscal Year 2013 and any subsequent fiscal year (instead of just for Fiscal Year 2013), the entire appropriation under these provisions shall be designated for the Golden Apple Foundation for Excellence in Teaching. For Fiscal Year 2014 and for each fiscal year thereafter, provides that all amounts appropriated to the Commission for the Golden Apple Foundation for Excellence in Teaching shall be used by the Golden Apple Foundation for the Golden Apple Scholars for Illinois Program or for such other purposes and programs as are determined by the Golden Apple Foundation for the Foundation's stated purposes and to develop and support teacher excellence in this State, especially in schools of need; requires the Auditor General to prepare an annual audit. Effective immediately.

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 5. The Higher Education Student Assistance Act is amended by changing Section 52 as follows:

(110 ILCS 947/52)

Sec. 52. Golden Apple Scholars of Illinois Program; Golden Apple Foundation for Excellence in Teaching.

(a) 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, the Commission shall combine the best practices and methods and programmatic functions of the Illinois Future Teacher Corps Program and the Golden Apple Foundation for Excellence in Teaching's Golden Apple Scholars of Illinois Program into one program. The consolidated program shall be known as the Golden Apple Scholars of Illinois Program and shall be managed by the Golden Apple Foundation for Excellence in Teaching.

(1) This consolidated program shall be fully operational before July 1, 2012. The existing programs, the Illinois Future Teacher Corps Program and the Golden Apple Scholars Program, shall continue to exist and be governed as they have under this Section before the effective date of this amendatory Act of the 96th General Assembly and any associated administrative rules, but shall also begin a transition period commencing on the first day of the 2010 fiscal year and ending no later than on the last day of the 2013 fiscal year; and, no later than the last day of the 2013 fiscal year, the Illinois Future Teacher Corps Program shall no longer exist as a separate existing program.

(2) During the transition period, the Commission may shall, in consultation with the Golden Apple Foundation, establish rules governing the transition period and related fund transfers and to facilitate coordination and implementation of the consolidated program. Eligible students in this State may continue to apply for Illinois Future Teacher Corps scholarships under the current rules governing such applications during the transition period. Fiscal Year 2012 shall be the last year that such scholarships are available.

(3) The Commission shall, by March 30, 2010, develop an estimate of General Revenue Funds that it expects will remain unexpended at the end of FY 2010 from the FY 2010 appropriation for the Illinois Future Teacher Corps. No later than April 15, 2010, the Commission shall cause to be transferred funds comprising 85% of this estimated amount to the Golden Apple Foundation for Excellence in Teaching. The Commission shall subsequently transfer funding from the Illinois Future Teacher Corps Program to the Golden Apple Foundation for Excellence in Teaching on the following schedule and in the following amounts:

(A) FY 2011: an amount equal to 58% of the total combined appropriation for the Golden Apple Foundation for Excellence in Teaching and the Illinois Future Teacher Corps Program;

(B) FY 2012: an amount equal to 80% of the combined total appropriation for the Golden Apple Foundation for Excellence in Teaching and the Illinois Future Teacher Corps Program;

(C) FY 2013 and any subsequent fiscal year: the entire appropriation shall be designated for the Golden Apple Foundation for Excellence in Teaching.

(4) Following the consolidation of the 2 programs, at least 30% of Golden Apple Scholars of Illinois Program scholarships available each year shall be awarded to students residing in counties having a population of less than 500,000.

(5) Following the consolidation of the 2 programs, 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 and the General Assembly.

(6) For Fiscal Year 2014 and for each fiscal year thereafter, all amounts appropriated to the Commission for the Golden Apple Foundation for Excellence in Teaching shall be used by the Golden Apple Foundation for the Golden Apple Scholars for Illinois Program or for such other purposes and programs as are determined by the Golden Apple Foundation for the Foundation's stated purposes and to develop and support teacher excellence in this State, especially in schools of need. The Auditor General shall prepare an annual audit of the expenditures made by the Golden Apple Foundation from appropriations for such purposes, and the audit must be provided to the Governor and the General Assembly.

(a-5) The Commission shall, each year until Fiscal Year 2011, receive and consider applications for scholarship assistance under this Section. An applicant is eligible for an Illinois Future Teacher Corps scholarship under this Section when the Commission finds that the applicant is:

(1) a United States citizen or eligible noncitizen;

(2) a resident of Illinois;

(3) a high school graduate or a person who has received a General Educational Development Certificate;

(4) enrolled or accepted for enrollment at or above the junior level, on at least a half-time basis, at an Illinois institution of higher learning; and

(5) 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 certification.

(b) Recipients shall be selected from among applicants qualified pursuant to subsection (a) based on a combination of the following criteria as set forth by the Commission until Fiscal Year 2011: (1) academic excellence; (2) status as a minority student as defined in Section 50; and (3) financial need. Preference may be given to previous recipients of assistance under this Section, provided they continue to maintain eligibility and maintain satisfactory academic progress as determined by the institution of higher learning at which they enroll.

In each year until the consolidation of the 2 programs under subsection (a) of this Section has been completed, to support mentoring, guidance, and in-service support for teaching candidates in order to increase the likelihood that they will complete their full teaching commitments and elect to continue teaching in targeted disciplines and hard-to-staff schools, a minimum of 200 awards shall be allocated to participants in the Golden Apple Scholars of Illinois program.

(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 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. For recipients who agree to teach in a teacher shortage discipline or at a hard-to-staff school under subsection (i) of this Section, the Commission may, by rule and subject to appropriation, increase the annual maximum amount to $10,000. If a recipient agrees to teach in both a teacher shortage discipline and at a hard-to-staff school under subsection (i) of this Section, the Commission may increase the amount of the scholarship awarded by up to an additional $5,000.

(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.

(e) A recipient may receive up to 4 semesters or 6 quarters of scholarship assistance under this Section.

(f) All applications for scholarship assistance to be awarded under this Section shall be made to the Commission in a form as set forth by the Commission. The form of application 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 as the Commission deems necessary. Notwithstanding any other provision of this Act, following the completion of the transition of funding of the Illinois Future Teacher Corps to the Golden Apple Foundation for Excellence in Teaching, all applications for scholarship assistance under this Section shall be in a form determined by the Golden Apple Foundation for Excellence in Teaching.

(g) Subject to a separate appropriation made for such purposes, payment of any scholarship awarded under this Section shall be determined by the Commission. There shall be a separate appropriation made for scholarships awarded to recipients who agree to teach in a teacher shortage discipline or at a hard-to-staff school under subsection (i) of this Section. The Commission may use for scholarship assistance under this Section (i) all funds appropriated for scholarships under this Section that were formerly known as ITEACH Teacher Shortage Scholarships and (ii) all funds appropriated for scholarships under Section 65.65 of this Act (repealed by this amendatory Act of the 93rd General Assembly), formerly known as Illinois Future Teacher Corps Scholarships.

All scholarship funds distributed in accordance with this Section shall be paid to the institution on behalf of the recipients. Scholarship funds are applicable toward 2 semesters or 3 quarters of enrollment within an academic year.

(h) The Commission shall administer the scholarship program established by this Section and shall make all necessary and proper rules not inconsistent with this Section for its effective implementation.

(i) Prior to receiving scholarship assistance for any academic year, each recipient of a 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 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, and (iii) shall, upon request of 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.

(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. The Commission is authorized to establish rules relating to its collection activities for repayment of scholarships under this Section. 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 Commission's Accounts Receivable Fund.

(k) A recipient of a scholarship awarded by the Commission under this Section shall not be in violation 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 temporarily totally disabled, 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; or (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. 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.

(Source: P.A. 95-939, eff. 1-1-09; 96-411, eff. 8-13-09.)

Section 99. Effective date. This Act takes effect upon becoming law.