Bill Text: IL HB3992 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Board of Higher Education Act to prohibit the Board of Higher Education from awarding any grant funds to a private institution of higher education that is operated for profit. Amends the Higher Education Student Assistance Act to remove a for-profit educational organization from the definition of "institution of higher learning", "qualified institution", and "institution". Removes a provision allowing Monetary Award Program grants to be made to applicants enrolled at qualified for-profit institutions. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3992 Detail]
Download: Illinois-2019-HB3992-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Board of Higher Education Act is amended by | ||||||||||||||||||||||||||||
5 | adding Section 9.39 as follows:
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6 | (110 ILCS 205/9.39 new) | ||||||||||||||||||||||||||||
7 | Sec. 9.39. Grant funds to for-profit institutions | ||||||||||||||||||||||||||||
8 | prohibited. Notwithstanding any other law to the contrary, the | ||||||||||||||||||||||||||||
9 | Board is prohibited from awarding any grant funds to a private | ||||||||||||||||||||||||||||
10 | institution of higher education that is operated for profit.
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11 | Section 10. The Higher Education Student Assistance Act is | ||||||||||||||||||||||||||||
12 | amended by changing Sections 10 and 35 as follows:
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13 | (110 ILCS 947/10)
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14 | Sec. 10. Definitions. In this Act, and except to the extent | ||||||||||||||||||||||||||||
15 | that any of the
following words or phrases is specifically | ||||||||||||||||||||||||||||
16 | qualified by its context:
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17 | "Commission" means the Illinois Student Assistance | ||||||||||||||||||||||||||||
18 | Commission created by this
Act.
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19 | "Enrollment" means the establishment and maintenance of an | ||||||||||||||||||||||||||||
20 | individual's
status as a student in an institution of higher | ||||||||||||||||||||||||||||
21 | learning, regardless of the
terms used at the institution to |
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1 | describe that status.
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2 | "Approved high school" means any public high school located | ||||||
3 | in this
State; and any high school, located in this State or | ||||||
4 | elsewhere (whether
designated as a high school, secondary | ||||||
5 | school, academy, preparatory school,
or otherwise) which in the | ||||||
6 | judgment of the State Superintendent of
Education provides a | ||||||
7 | course of instruction at the secondary level and maintains
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8 | standards of instruction substantially equivalent to those of | ||||||
9 | the public high
schools located in this State.
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10 | "Institution of higher learning", "qualified institution", | ||||||
11 | or "institution"
means an educational organization located in | ||||||
12 | this State that: which
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13 | (1) provides
at least an organized 2-year 2 year | ||||||
14 | program of collegiate grade in the liberal arts or
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15 | sciences, or both, directly applicable toward the | ||||||
16 | attainment of a baccalaureate
degree or a program in health
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17 | education
directly applicable toward the attainment of a | ||||||
18 | certificate, diploma, or an
associate degree;
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19 | (2) either is :
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20 | (A) operated by this State ; , or
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21 | (B) operated
publicly or privately, not for | ||||||
22 | profit ; , or
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23 | (C) operated for profit, provided such for profit | ||||||
24 | organization
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25 | (i) offers degree programs which have been | ||||||
26 | approved by the Board of
Higher Education for a |
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1 | minimum of 3 years under the Academic Degree Act, | ||||||
2 | and
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3 | (ii) enrolls a majority of its students in such | ||||||
4 | degree programs, and
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5 | (iii) maintains an accredited status with the | ||||||
6 | Commission on
Institutions of Higher Education of | ||||||
7 | the North Central Association of Colleges
and | ||||||
8 | Schools;
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9 | (3) in the judgment of the Commission
meets standards | ||||||
10 | substantially equivalent to those of comparable | ||||||
11 | institutions
operated by this State; and
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12 | (4) if so required by the Commission, uses the
State as | ||||||
13 | its primary guarantor of student loans made under the | ||||||
14 | federal Higher
Education Act of 1965.
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15 | For otherwise eligible educational organizations which
provide | ||||||
16 | academic programs for incarcerated students, the terms | ||||||
17 | "institution of
higher learning", "qualified institutions", | ||||||
18 | and "institution" shall
specifically exclude academic programs | ||||||
19 | for incarcerated students.
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20 | "Academic year" means a 12 month period of time, normally | ||||||
21 | but not
exclusively, from September 1 of any year through | ||||||
22 | August 31 of the ensuing
year.
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23 | "Full-time student" means any undergraduate student | ||||||
24 | enrolled in 12 or
more semester or quarter hours of credit | ||||||
25 | courses in any given semester or
quarter or in the equivalent | ||||||
26 | number of units of registration as determined
by the |
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1 | Commission.
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2 | "Part-time student" means any undergraduate student, other | ||||||
3 | than a
full-time student, enrolled in 6 or more semester or | ||||||
4 | quarter hours of
credit courses in any given semester or | ||||||
5 | quarter or in the equivalent number
of units of registration as | ||||||
6 | determined by the Commission. Beginning with
fiscal year 1999, | ||||||
7 | the Commission may, on a program by program basis, expand
this | ||||||
8 | definition of "part-time student" to include students who | ||||||
9 | enroll in less
than 6 semester or quarter hours of credit | ||||||
10 | courses in any given semester or
quarter.
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11 | "Public university" means any public 4-year university in | ||||||
12 | this State. | ||||||
13 | "Public university campus" means any campus under the | ||||||
14 | governance or supervision of a public university. | ||||||
15 | (Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18.)
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16 | (110 ILCS 947/35)
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17 | Sec. 35. Monetary award program.
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18 | (a) The Commission shall, each year, receive and consider | ||||||
19 | applications
for grant assistance under this Section. Subject | ||||||
20 | to a separate
appropriation for such purposes, an applicant is | ||||||
21 | eligible for a grant under
this Section when the Commission | ||||||
22 | finds that the applicant:
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23 | (1) is a resident of this State and a citizen or | ||||||
24 | permanent resident
of the United States; and
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25 | (2) in the absence of grant assistance, will be |
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1 | deterred by
financial considerations from completing an | ||||||
2 | educational program at the
qualified institution of his or | ||||||
3 | her choice.
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4 | (b) The Commission shall award renewals only upon the | ||||||
5 | student's application
and upon the Commission's finding that | ||||||
6 | the applicant:
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7 | (1) has remained a student in good standing;
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8 | (2) remains a resident of this State; and
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9 | (3) is in a financial situation that continues to | ||||||
10 | warrant assistance.
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11 | (c) All grants shall be applicable only to tuition and | ||||||
12 | necessary fee costs. The Commission shall determine the grant
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13 | amount for each student, which shall not exceed the smallest of
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14 | the following amounts:
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15 | (1) subject to appropriation, $5,468 for fiscal year | ||||||
16 | 2009, $5,968 for fiscal year 2010, and $6,468 for fiscal | ||||||
17 | year 2011 and each fiscal year thereafter, or such lesser | ||||||
18 | amount as
the Commission finds to be available, during an | ||||||
19 | academic year;
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20 | (2) the amount which equals 2 semesters or 3 quarters | ||||||
21 | tuition
and other necessary fees required generally by the | ||||||
22 | institution of all
full-time undergraduate students; or
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23 | (3) such amount as the Commission finds to be | ||||||
24 | appropriate in view of
the applicant's financial | ||||||
25 | resources.
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26 | Subject to appropriation, the maximum grant amount for |
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1 | students not subject to subdivision (1) of this subsection (c) | ||||||
2 | must be increased by the same percentage as any increase made | ||||||
3 | by law to the maximum grant amount under subdivision (1) of | ||||||
4 | this subsection (c). | ||||||
5 | "Tuition and other necessary fees" as used in this Section | ||||||
6 | include the
customary charge for instruction and use of | ||||||
7 | facilities in general, and the
additional fixed fees charged | ||||||
8 | for specified purposes, which are required
generally of | ||||||
9 | nongrant recipients for each academic period for which the | ||||||
10 | grant
applicant actually enrolls, but do not include fees | ||||||
11 | payable only once or
breakage fees and other contingent | ||||||
12 | deposits which are refundable in whole or in
part. The | ||||||
13 | Commission may prescribe, by rule not inconsistent with this
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14 | Section, detailed provisions concerning the computation of | ||||||
15 | tuition and other
necessary fees.
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16 | (d) No applicant, including those presently receiving | ||||||
17 | scholarship
assistance under this Act, is eligible for monetary | ||||||
18 | award program
consideration under this Act after receiving a | ||||||
19 | baccalaureate degree or
the equivalent of 135 semester credit | ||||||
20 | hours of award payments.
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21 | (d-5) In this subsection (d-5), "renewing applicant" means | ||||||
22 | a student attending an institution of higher learning who | ||||||
23 | received a Monetary Award Program grant during the prior | ||||||
24 | academic year. Beginning with the processing of applications | ||||||
25 | for the 2020-2021 academic year, the Commission shall annually | ||||||
26 | publish a priority deadline date for renewing applicants. |
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1 | Subject to appropriation, a renewing applicant who files by the | ||||||
2 | published priority deadline date shall receive a grant if he or | ||||||
3 | she continues to meet the eligibility requirements under this | ||||||
4 | Section. A renewing applicant's failure to apply by the | ||||||
5 | priority deadline date established under this subsection (d-5) | ||||||
6 | shall not disqualify him or her from receiving a grant if | ||||||
7 | sufficient funding is available to provide awards after that | ||||||
8 | date. | ||||||
9 | (e) The Commission, in determining the number of grants to | ||||||
10 | be offered,
shall take into consideration past experience with | ||||||
11 | the rate of grant funds
unclaimed by recipients. The Commission | ||||||
12 | shall notify applicants that grant
assistance is contingent | ||||||
13 | upon the availability of appropriated funds.
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14 | (e-5) The General Assembly finds and declares that it is an | ||||||
15 | important purpose of the Monetary Award Program to facilitate | ||||||
16 | access to college both for students who pursue postsecondary | ||||||
17 | education immediately following high school and for those who | ||||||
18 | pursue postsecondary education later in life, particularly | ||||||
19 | Illinoisans who are dislocated workers with financial need and | ||||||
20 | who are seeking to improve their economic position through | ||||||
21 | education. For the 2015-2016 and 2016-2017 academic years, the | ||||||
22 | Commission shall give additional and specific consideration to | ||||||
23 | the needs of dislocated workers with the intent of allowing | ||||||
24 | applicants who are dislocated workers an opportunity to secure | ||||||
25 | financial assistance even if applying later than the general | ||||||
26 | pool of applicants. The Commission's consideration shall |
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1 | include, in determining the number of grants to be offered, an | ||||||
2 | estimate of the resources needed to serve dislocated workers | ||||||
3 | who apply after the Commission initially suspends award | ||||||
4 | announcements for the upcoming regular academic year, but prior | ||||||
5 | to the beginning of that academic year. For the purposes of | ||||||
6 | this subsection (e-5), a dislocated worker is defined as in the | ||||||
7 | federal Workforce
Innovation and Opportunity Act. | ||||||
8 | (f) (Blank).
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9 | (g) (Blank). The Commission shall determine the | ||||||
10 | eligibility of and make grants to
applicants enrolled at | ||||||
11 | qualified for-profit institutions in accordance with the
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12 | criteria set forth in this Section. The eligibility of | ||||||
13 | applicants enrolled at
such for-profit institutions shall be | ||||||
14 | limited as follows:
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15 | (1) Beginning with the academic year 1997, only to | ||||||
16 | eligible first-time
freshmen and
first-time transfer | ||||||
17 | students who have attained an associate degree.
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18 | (2) Beginning with the academic year 1998, only to | ||||||
19 | eligible freshmen
students,
transfer students who have | ||||||
20 | attained an associate degree, and students who
receive a | ||||||
21 | grant under paragraph (1) for the academic year 1997 and | ||||||
22 | whose grants
are being renewed for the academic year 1998.
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23 | (3) Beginning with the academic year 1999, to all | ||||||
24 | eligible students.
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25 | (h) The Commission may adopt rules to implement this | ||||||
26 | Section. |
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1 | (Source: P.A. 100-477, eff. 9-8-17; 100-621, eff. 7-20-18; | ||||||
2 | 100-823, eff. 8-13-18; 101-81, eff. 7-12-19.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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