Bill Text: IL SB1791 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0533 [SB1791 Detail]

Download: Illinois-2013-SB1791-Chaptered.html

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Public Act 098-0533
SB1791 Enrolled LRB098 09198 NHT 39337 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The State Finance Act is amended by changing
Section 5.562 as follows:
(30 ILCS 105/5.562)
Sec. 5.562. The Golden Apple Scholars of Illinois Future
Teacher Corps Scholarship Fund.
(Source: P.A. 92-445, eff. 8-17-01; 92-651, eff. 7-11-02.)
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 this Section, "Foundation" means the Golden Apple
Foundation for Excellence in Teaching, a registered 501(c)(3)
not-for-profit corporation.
(a-2) (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, 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 General Educational Development certificate;
(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. 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 on the last day of the 2013 fiscal
year.
(2) During the transition period, the Commission
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: 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.
(a-5) (Blank). 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) (Blank). 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.
(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 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. 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. 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 4 semesters or 12 6
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. 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) (Blank). 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 payment of
scholarship assistance provided through the Golden Apple
Scholars of Illinois Program program established by this
Section and shall make all necessary and proper rules not
inconsistent with this Section for the its 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 Commission to

sign an agreement under which the recipient pledges that,
within the 2-year 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 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 Commission, provide the Foundation Commission
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. 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 Foundation
Commission under this Section shall not be considered to have
failed to fulfill the teaching obligations 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; 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 this amendatory Act of the 98th
General Assembly.
(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. 95-939, eff. 1-1-09; 96-411, eff. 8-13-09.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 3-648 as follows:
(625 ILCS 5/3-648)
Sec. 3-648. Education license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Education license plates.
The special plates issued under this Section shall be affixed
only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000
pounds. Plates issued under this Section shall expire according

to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the plates shall be determined
by a contest that every elementary school pupil in the State of
Illinois is eligible to enter. The designs submitted for the
contest shall be judged on September 30, 2002, and the winning
design shall be selected by a committee composed of the
Secretary, the Director of State Police, 2 members of the
Senate, one member chosen by the President of the Senate and
one member chosen by the Senate Minority Leader, and 2 members
of the House of Representatives, one member chosen by the
Speaker of the House and one member chosen by the House
Minority Leader. The Secretary may allow the plates to be
issued as vanity or personalized plates under Section 3-405.1
of the Code. The Secretary shall prescribe stickers or decals
as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance, in addition to the appropriate
registration fee. Of this $40 additional original issuance fee,
$15 shall be deposited into the Secretary of State Special
License Plate Fund, to be used by the Secretary to help defray
the administrative processing costs, and $25 shall be deposited
into the Golden Apple Scholars of Illinois Future Teacher Corps
Scholarship Fund. For each registration renewal period, a $40
fee, in addition to the appropriate registration fee, shall be
charged. Of this $40 additional renewal fee, $2 shall be

deposited into the Secretary of State Special License Plate
Fund and $38 shall be deposited into the Golden Apple Scholars
of Illinois Future Teacher Corps Scholarship Fund. Each fiscal
year, once deposits from the additional original issuance and
renewal fees into the Secretary of State Special License Plate
Fund have reached $500,000, all the amounts received for the
additional fees for the balance of the fiscal year shall be
deposited into the Golden Apple Scholars of Illinois Future
Teacher Corps Scholarship Fund.
(d) The Golden Apple Scholars of Illinois Future Teacher
Corps Scholarship Fund is created as a special fund in the
State treasury. All Ninety-five percent of the moneys in the
Golden Apple Scholars of Illinois Future Teacher Corps
Scholarship Fund shall be appropriated to the Illinois Student
Assistance Commission for scholarships under Section 52 of the
Higher Education Student Assistance Act, and 5% of the moneys
in the Illinois Future Teacher Corps Scholarship Fund shall be
appropriated to the State Board of Education for grants to the
Golden Apple Foundation for Excellence in Teaching, a
recognized charitable organization that meets the requirements
of Title 26, Section 501(c)(3) of the United States Code.
Notwithstanding the other provisions of this subsection (d),
beginning in the 2010 fiscal year, funds for the Illinois
Future Teacher Corps Program and the Golden Apple Foundation
for Excellence in Teaching shall be apportioned according to
Section 52 of the Higher Education Student Assistance Act.

(Source: P.A. 95-331, eff. 8-21-07; 96-411, eff. 8-13-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.