Illinois 2023-2024 Regular Session

Illinois House Bill HB2899 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2899 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.990 new105 ILCS 426/35 110 ILCS 947/35 Amends the Private Business and Vocational Schools Act of 2012. In provisions regarding institution and program approval criteria, provides that a part of the criteria for approval is fair and equitable reimbursement in the case of an unfair or deceptive practice finding. Amends the Higher Education Student Assistance Act. In provisions concerning the monetary award program, makes changes to the provisions regarding the award of grants to applicants enrolled at qualified for-profit institutions, and provides that credits earned during the 2023-2024 academic year at a qualified for-profit institution may not count toward the maximum credit-hour limitation. Sets forth provisions concerning an institution that received monetary award program funds at a time the institution was using unfair or deceptive practices, including refunding State funds to the Illinois Student Assistance Commission and awarding grants to students who attended that institution. Amends the State Finance Act to create the MAP Refund Fund as a special fund in the State treasury. Effective immediately. LRB103 30323 RJT 56751 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2899 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.990 new105 ILCS 426/35 110 ILCS 947/35 30 ILCS 105/5.990 new 105 ILCS 426/35 110 ILCS 947/35 Amends the Private Business and Vocational Schools Act of 2012. In provisions regarding institution and program approval criteria, provides that a part of the criteria for approval is fair and equitable reimbursement in the case of an unfair or deceptive practice finding. Amends the Higher Education Student Assistance Act. In provisions concerning the monetary award program, makes changes to the provisions regarding the award of grants to applicants enrolled at qualified for-profit institutions, and provides that credits earned during the 2023-2024 academic year at a qualified for-profit institution may not count toward the maximum credit-hour limitation. Sets forth provisions concerning an institution that received monetary award program funds at a time the institution was using unfair or deceptive practices, including refunding State funds to the Illinois Student Assistance Commission and awarding grants to students who attended that institution. Amends the State Finance Act to create the MAP Refund Fund as a special fund in the State treasury. Effective immediately. LRB103 30323 RJT 56751 b LRB103 30323 RJT 56751 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2899 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 105/5.990 new105 ILCS 426/35 110 ILCS 947/35 30 ILCS 105/5.990 new 105 ILCS 426/35 110 ILCS 947/35
4	4	30 ILCS 105/5.990 new
5	5	105 ILCS 426/35
6	6	110 ILCS 947/35
7	7	Amends the Private Business and Vocational Schools Act of 2012. In provisions regarding institution and program approval criteria, provides that a part of the criteria for approval is fair and equitable reimbursement in the case of an unfair or deceptive practice finding. Amends the Higher Education Student Assistance Act. In provisions concerning the monetary award program, makes changes to the provisions regarding the award of grants to applicants enrolled at qualified for-profit institutions, and provides that credits earned during the 2023-2024 academic year at a qualified for-profit institution may not count toward the maximum credit-hour limitation. Sets forth provisions concerning an institution that received monetary award program funds at a time the institution was using unfair or deceptive practices, including refunding State funds to the Illinois Student Assistance Commission and awarding grants to students who attended that institution. Amends the State Finance Act to create the MAP Refund Fund as a special fund in the State treasury. Effective immediately.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning education.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The State Finance Act is amended by adding
17	17	5 Section 5.990 as follows:
18	18	6 (30 ILCS 105/5.990 new)
19	19	7 Sec. 5.990. The MAP Refund Fund.
20	20	8 Section 10. The Private Business and Vocational Schools
21	21	9 Act of 2012 is amended by changing Section 35 as follows:
22	22	10 (105 ILCS 426/35)
23	23	11 Sec. 35. Institution and program approval criteria. Each
24	24	12 entity seeking a permit of approval is required to demonstrate
25	25	13 that it satisfies institution-approval criteria and that each
26	26	14 program of study offered meets the program-approval criteria
27	27	15 in this Act and any applicable rules. The following standard
28	28	16 criteria are intended to measure the appropriateness of the
29	29	17 stated educational objectives of the educational programs of a
30	30	18 given institution and the extent to which suitable and proper
31	31	19 processes have been developed for meeting those objectives.
32	32	20 Information related to the satisfaction of the approval
33	33	21 criteria outlined in this Section must be supplied to the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2899 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
38	38	30 ILCS 105/5.990 new105 ILCS 426/35 110 ILCS 947/35 30 ILCS 105/5.990 new 105 ILCS 426/35 110 ILCS 947/35
39	39	30 ILCS 105/5.990 new
40	40	105 ILCS 426/35
41	41	110 ILCS 947/35
42	42	Amends the Private Business and Vocational Schools Act of 2012. In provisions regarding institution and program approval criteria, provides that a part of the criteria for approval is fair and equitable reimbursement in the case of an unfair or deceptive practice finding. Amends the Higher Education Student Assistance Act. In provisions concerning the monetary award program, makes changes to the provisions regarding the award of grants to applicants enrolled at qualified for-profit institutions, and provides that credits earned during the 2023-2024 academic year at a qualified for-profit institution may not count toward the maximum credit-hour limitation. Sets forth provisions concerning an institution that received monetary award program funds at a time the institution was using unfair or deceptive practices, including refunding State funds to the Illinois Student Assistance Commission and awarding grants to students who attended that institution. Amends the State Finance Act to create the MAP Refund Fund as a special fund in the State treasury. Effective immediately.
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45	45	A BILL FOR
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53	53	110 ILCS 947/35
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72	72	1 Board by institutions on forms provided by the Board.
73	73	2 Additional information may be requested by the Board to
74	74	3 determine the institution's ability to satisfy the criteria.
75	75	4 The following must be considered as part of, but not
76	76	5 necessarily all of, the criteria for approval of institutions
77	77	6 and the programs offered under this Act:
78	78	7 (1) Qualifications of governing board members, owners,
79	79	8 and senior administrators. At a minimum, these individuals
80	80	9 must be of good moral character and have no felony
81	81	10 criminal record.
82	82	11 (2) Qualifications of faculty and staff.
83	83	12 (3) Demonstration of student learning and quality of
84	84	13 program delivery.
85	85	14 (4) Sufficiency of institutional finances. The
86	86	15 institution must demonstrate that it has the financial
87	87	16 resources sufficient to meet its financial obligations,
88	88	17 including, but not limited to, refunding tuition pursuant
89	89	18 to the institution's stated policies. The school must
90	90	19 tender financial records, including, but not limited to,
91	91	20 financial statements, income statements, and cash flow
92	92	21 statements.
93	93	22 (5) Accuracy, clarity, and appropriateness of program
94	94	23 descriptions. Institutional promotional, advertising, and
95	95	24 recruiting materials must be clear, appropriate, and
96	96	25 accurate.
97	97	26 (6) Sufficiency of facilities and equipment. At a
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108	108	1 minimum, these must be appropriate and must meet
109	109	2 applicable safety code requirements and ordinances.
110	110	3 (7) Fair and equitable refund policies. At a minimum,
111	111	4 these must be fair and equitable, must satisfy any related
112	112	5 State or federal rules, and must abide by the standards
113	113	6 established in Section 60 of this Act and the rules
114	114	7 adopted for the implementation of this Act.
115	115	8 (8) Appropriate and ethical admissions and recruitment
116	116	9 practices. At a minimum, recruiting practices must be
117	117	10 ethical and abide by any State or federal rules.
118	118	11 (9) Recognized accreditation status. Accreditation
119	119	12 with an accrediting body approved by the U.S. Department
120	120	13 of Education may be counted as significant evidence of the
121	121	14 institution's ability to meet curricular approval
122	122	15 criteria.
123	123	16 (10) Meeting employment requirements in the field of
124	124	17 study. The institution must clearly demonstrate how a
125	125	18 student's completion of the program of study satisfies
126	126	19 employment requirements in the occupational field. Such
127	127	20 information must be clearly and accurately provided to
128	128	21 students. If licensure, certification, or their equivalent
129	129	22 is required of program graduates to enter the field of
130	130	23 employment, the institution must clearly demonstrate that
131	131	24 completion of the program will allow students to achieve
132	132	25 this status.
133	133	26 (11) Enrollment agreements that, at a minimum, meet
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144	144	1 the requirements outlined in Section 40 of this Act.
145	145	2 (12) Clearly communicated tuition and fee charges.
146	146	3 Tuition and fees and any other expense charged by the
147	147	4 school must be appropriate to the expected income that
148	148	5 will be earned by graduates. No school may have a tuition
149	149	6 policy or enrollment agreement that requires that a
150	150	7 student register for more than a single semester, quarter,
151	151	8 term, or other such period of enrollment as a condition of
152	152	9 the enrollment nor shall any school charge a student for
153	153	10 multiple periods of enrollment prior to completion of the
154	154	11 single semester, quarter, term, or other such period of
155	155	12 enrollment.
156	156	13 (13) Legal action against the institution, its parent
157	157	14 company, its owners, its governing board, or its board
158	158	15 members. Any such legal action must be provided to the
159	159	16 Board and may be considered as a reason for denial or
160	160	17 revocation of the permit of approval.
161	161	18 (14) Fair and equitable reimbursement in the case of
162	162	19 an unfair or deceptive practice finding. If an institution
163	163	20 received monetary award program funds under Section 35 of
164	164	21 the Higher Education Student Assistance Act at a time the
165	165	22 institution was using an unfair or deceptive practice, as
166	166	23 defined by the Federal Trade Commission, and is required
167	167	24 to reimburse students for loans taken to pay for their
168	168	25 education due to a judgment against the institution after
169	169	26 the effective date of this amendatory Act of the 103rd
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180	180	1 General Assembly, then any State funds paid to the
181	181	2 institution in the time period of that judgment must be
182	182	3 refunded to the Illinois Student Assistance Commission
183	183	4 under Section 35 of the Higher Education Student
184	184	5 Assistance Act. In this paragraph (14), "unfair or
185	185	6 deceptive practice" means an act or practice in which a
186	186	7 representation, omission, or practice misleads or is
187	187	8 likely to mislead a consumer as determined by the Federal
188	188	9 Trade Commission.
189	189	10 (Source: P.A. 102-1046, eff. 6-7-22.)
190	190	11 Section 15. The Higher Education Student Assistance Act is
191	191	12 amended by changing Section 35 as follows:
192	192	13 (110 ILCS 947/35)
193	193	14 Sec. 35. Monetary award program.
194	194	15 (a) The Commission shall, each year, receive and consider
195	195	16 applications for grant assistance under this Section. Subject
196	196	17 to a separate appropriation for such purposes, an applicant is
197	197	18 eligible for a grant under this Section when the Commission
198	198	19 finds that the applicant:
199	199	20 (1) is a resident of this State and a citizen or
200	200	21 permanent resident of the United States;
201	201	22 (2) is enrolled or has been accepted for enrollment in
202	202	23 a qualified institution other than a for-profit
203	203	24 institution, unless the applicant was enrolled in a
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214	214	1 qualified for-profit institution during the 2022-2023
215	215	2 academic year, for the purpose of obtaining a degree,
216	216	3 certificate, or other credential offered by the
217	217	4 institution, as applicable; and
218	218	5 (3) in the absence of grant assistance, will be
219	219	6 deterred by financial considerations from completing an
220	220	7 educational program at the qualified institution of his or
221	221	8 her choice.
222	222	9 (b) The Commission shall award renewals only upon the
223	223	10 student's application and upon the Commission's finding that
224	224	11 the applicant:
225	225	12 (1) has remained a student in good standing;
226	226	13 (2) remains a resident of this State; and
227	227	14 (3) is in a financial situation that continues to
228	228	15 warrant assistance.
229	229	16 (c) All grants shall be applicable only to tuition and
230	230	17 necessary fee costs. The Commission shall determine the grant
231	231	18 amount for each student, which shall not exceed the smallest
232	232	19 of the following amounts:
233	233	20 (1) subject to appropriation, $5,468 for fiscal year
234	234	21 2009, $5,968 for fiscal year 2010, $6,468 for fiscal year
235	235	22 2011 and each fiscal year thereafter through fiscal year
236	236	23 2022, and $8,508 for fiscal year 2023 and each fiscal year
237	237	24 thereafter, or such lesser amount as the Commission finds
238	238	25 to be available, during an academic year;
239	239	26 (2) the amount which equals 2 semesters or 3 quarters
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250	250	1 tuition and other necessary fees required generally by the
251	251	2 institution of all full-time undergraduate students; or
252	252	3 (3) such amount as the Commission finds to be
253	253	4 appropriate in view of the applicant's financial
254	254	5 resources.
255	255	6 Subject to appropriation, the maximum grant amount for
256	256	7 students not subject to subdivision (1) of this subsection (c)
257	257	8 must be increased by the same percentage as any increase made
258	258	9 by law to the maximum grant amount under subdivision (1) of
259	259	10 this subsection (c).
260	260	11 "Tuition and other necessary fees" as used in this Section
261	261	12 include the customary charge for instruction and use of
262	262	13 facilities in general, and the additional fixed fees charged
263	263	14 for specified purposes, which are required generally of
264	264	15 nongrant recipients for each academic period for which the
265	265	16 grant applicant actually enrolls, but do not include fees
266	266	17 payable only once or breakage fees and other contingent
267	267	18 deposits which are refundable in whole or in part. The
268	268	19 Commission may prescribe, by rule not inconsistent with this
269	269	20 Section, detailed provisions concerning the computation of
270	270	21 tuition and other necessary fees.
271	271	22 (d) No applicant, including those presently receiving
272	272	23 scholarship assistance under this Act, is eligible for
273	273	24 monetary award program consideration under this Act after
274	274	25 receiving a baccalaureate degree or the equivalent of 135
275	275	26 semester credit hours of award payments. However, credits
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286	286	1 earned during the 2023-2024 academic year at a qualified
287	287	2 for-profit institution may not count toward this maximum
288	288	3 credit-hour limitation.
289	289	4 (d-5) In this subsection (d-5), "renewing applicant" means
290	290	5 a student attending an institution of higher learning who
291	291	6 received a Monetary Award Program grant during the prior
292	292	7 academic year. Beginning with the processing of applications
293	293	8 for the 2020-2021 academic year, the Commission shall annually
294	294	9 publish a priority deadline date for renewing applicants.
295	295	10 Subject to appropriation, a renewing applicant who files by
296	296	11 the published priority deadline date shall receive a grant if
297	297	12 he or she continues to meet the eligibility requirements under
298	298	13 this Section. A renewing applicant's failure to apply by the
299	299	14 priority deadline date established under this subsection (d-5)
300	300	15 shall not disqualify him or her from receiving a grant if
301	301	16 sufficient funding is available to provide awards after that
302	302	17 date.
303	303	18 (e) The Commission, in determining the number of grants to
304	304	19 be offered, shall take into consideration past experience with
305	305	20 the rate of grant funds unclaimed by recipients. The
306	306	21 Commission shall notify applicants that grant assistance is
307	307	22 contingent upon the availability of appropriated funds.
308	308	23 (e-5) The General Assembly finds and declares that it is
309	309	24 an important purpose of the Monetary Award Program to
310	310	25 facilitate access to college both for students who pursue
311	311	26 postsecondary education immediately following high school and
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322	322	1 for those who pursue postsecondary education later in life,
323	323	2 particularly Illinoisans who are dislocated workers with
324	324	3 financial need and who are seeking to improve their economic
325	325	4 position through education. For the 2015-2016 and 2016-2017
326	326	5 academic years, the Commission shall give additional and
327	327	6 specific consideration to the needs of dislocated workers with
328	328	7 the intent of allowing applicants who are dislocated workers
329	329	8 an opportunity to secure financial assistance even if applying
330	330	9 later than the general pool of applicants. The Commission's
331	331	10 consideration shall include, in determining the number of
332	332	11 grants to be offered, an estimate of the resources needed to
333	333	12 serve dislocated workers who apply after the Commission
334	334	13 initially suspends award announcements for the upcoming
335	335	14 regular academic year, but prior to the beginning of that
336	336	15 academic year. For the purposes of this subsection (e-5), a
337	337	16 dislocated worker is defined as in the federal Workforce
338	338	17 Innovation and Opportunity Act.
339	339	18 (f) (Blank).
340	340	19 (g) The Commission shall determine the eligibility of and
341	341	20 make grants to applicants enrolled at qualified for-profit
342	342	21 institutions in accordance with the criteria set forth in this
343	343	22 Section. The eligibility of applicants enrolled at such
344	344	23 for-profit institutions shall be limited to eligible students
345	345	24 under this Section who received a monetary award program grant
346	346	25 for attendance at a for-profit institution during the
347	347	26 2022-2023 academic year and who satisfy any conditions
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358	358	1 otherwise specified by the Board of Higher Education. as
359	359	2 follows:
360	360	3 (1) Beginning with the academic year 1997, only to
361	361	4 eligible first-time freshmen and first-time transfer
362	362	5 students who have attained an associate degree.
363	363	6 (2) Beginning with the academic year 1998, only to
364	364	7 eligible freshmen students, transfer students who have
365	365	8 attained an associate degree, and students who receive a
366	366	9 grant under paragraph (1) for the academic year 1997 and
367	367	10 whose grants are being renewed for the academic year 1998.
368	368	11 (3) Beginning with the academic year 1999, to all
369	369	12 eligible students.
370	370	13 (h) The Commission may award a grant to an eligible
371	371	14 applicant enrolled at an Illinois public institution of higher
372	372	15 learning in a program that will culminate in the award of an
373	373	16 occupational or career and technical certificate as that term
374	374	17 is defined in 23 Ill. Adm. Code 1501.301.
375	375	18 (h-5) In this subsection (h-5), "unfair or deceptive
376	376	19 practice" means an act or practice in which a representation,
377	377	20 omission, or practice misleads or is likely to mislead a
378	378	21 consumer as determined by the Federal Trade Commission.
379	379	22 If an institution received monetary award program funds at
380	380	23 a time the institution was using an unfair or deceptive
381	381	24 practice, as defined by the Federal Trade Commission, and is
382	382	25 required to reimburse students for loans taken to pay for
383	383	26 their education due to a judgment against the institution
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394	394	1 after the effective date of this amendatory Act of the 103rd
395	395	2 General Assembly, then any State funds paid to the institution
396	396	3 in the time period of that judgment must be refunded to the
397	397	4 Commission, to be deposited into the MAP Refund Fund. The
398	398	5 Commission shall use funds appropriated from the MAP Refund
399	399	6 Fund to award grants to students who attended that institution
400	400	7 during the period in which the institution had a judgment
401	401	8 found against it.
402	402	9 An institution found to have been using an unfair or
403	403	10 deceptive practice must notify students who were enrolled
404	404	11 during the period of the judgment about the judgment,
405	405	12 electronically and by certified mail, within 6 months after
406	406	13 the effective date of this amendatory Act of the 103rd General
407	407	14 Assembly. Affected students may apply for a grant under this
408	408	15 subsection (h-5) following the effective date of this
409	409	16 amendatory Act of the 103rd General Assembly or notification
410	410	17 of the judgment against the institution, whichever is later.
411	411	18 The application process shall be administered by the
412	412	19 Commission and remain open until no funds remain in the MAP
413	413	20 Refund Fund, subject to the other provisions of this
414	414	21 subsection (h-5).
415	415	22 A grant under this subsection (h-5) may not exceed the
416	416	23 maximum amount for a monetary award program grant for the
417	417	24 academic year that the grant under this subsection (h-5) is
418	418	25 awarded, as determined by the Commission. A grant under this
419	419	26 subsection (h-5) may be awarded to a student in addition to a
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430	430	1 monetary award program grant but may not exceed the cost of
431	431	2 attendance at the institution at which the student is
432	432	3 enrolled.
433	433	4 At the start of the third academic year following the
434	434	5 effective date of this amendatory Act of the 103rd General
435	435	6 Assembly, the remaining balance in the MAP Refund Fund shall
436	436	7 be appropriated to the Commission for the Commission's
437	437	8 operating budget for the monetary award program.
438	438	9 The MAP Refund Fund is created as a special fund in the
439	439	10 State treasury. All refunds of Monetary Award Program funds
440	440	11 shall be deposited into the MAP Refund Fund. All money in the
441	441	12 Fund shall be used, subject to appropriation, by the
442	442	13 Commission for the purposes of this subsection (h-5).
443	443	14 (i) The Commission may adopt rules to implement this
444	444	15 Section.
445	445	16 (Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
446	446	17 Section 99. Effective date. This Act takes effect upon
447	447	18 becoming law.
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