(105 ILCS 5/13A-3)
(a) Except with respect to the Chicago public school system as provided in
Section 13A-11, beginning with the 1996-97 school year, there is hereby created
State a system of alternative school education programs. At least one
may be located within each educational service region or established jointly
by more than one regional office of education to serve more than one
educational service region.
(b) Each regional superintendent shall hold a public hearing, by December
1 of the school year following the effective date of this amendatory Act of
1995, to determine the need for an alternative school. The hearing shall be
held before the regional board. The regional
superintendent, after consulting with the district
superintendent of each school district located within the regional
superintendent's educational service region and the regional board, shall
determine the location and the need of
the alternative school within that region. In making this determination, the
regional superintendent shall consider the following:
(1) the possible utilization of existing buildings,
including but not limited to governmental buildings, that are, or could reasonably be made, usable as an alternative school;
(2) which available option would be least costly; and
(3) distances that administratively transferred
students would need to travel and the costs of that travel.
(c) Upon determination of the need for establishment of an alternative
school program, each school district located within the region shall
regional superintendent with a copy of the district's discipline policy and
procedure for effecting the suspension or expulsion of the students of that
district. Thereafter, the regional superintendent in cooperation with a
representative from each school district in the region shall establish and each
school district in the region shall adopt policies and procedures that shall
guide each district in the identification and placement of students in the
alternative school program.
(d) The regional superintendent shall locate the alternative school
program so that
it is as far away
from any other school buildings or school grounds in that educational service
region as circumstances
(e) With the approval of the State board, additional alternative school
be established in an educational service region. If the regional
superintendent determines that an additional alternative school is required in
the regional superintendent's educational service region, he or she may
petition the State board to
authorize one or more additional alternative school programs in
(f) In determining whether an additional alternative school program is
appropriate for an educational service region requesting it, the State board
shall consider, among other factors, the following:
(1) the geographic size of the educational service
region and distances that students within that region must travel in order to attend the existing alternative school program;
(2) the student population of schools comprising the
educational service region and the likely student population of all alternative school programs within that region if the petition is granted;
(3) any other logistical considerations; and
(4) the costs necessitated by establishing an
additional alternative school in that educational service region.
(g) In the event the State board grants a petition for an additional
alternative school program, then the State board, after consulting the
superintendent, shall decide where the additional alternative school
program shall be
located within that region.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
(105 ILCS 5/13A-4)
A student who is determined to be
subject to suspension or expulsion in the manner provided by Section 10-22.6
in the case of a student enrolled in the public schools of a school district
organized under Article 34, in accordance with the uniform system of discipline
established under Section 34-19) may be
immediately transferred to the alternative program. At the earliest time
following that transfer appropriate personnel from the sending school district
and appropriate personnel of the alternative program shall meet to develop an
alternative education plan for the student. The student's parent or guardian
shall be invited to this meeting. The student may be invited. The alternative
educational plan shall include, but not be limited to all of the following:
(1) The duration of the plan, including a date after
which the student may be returned to the regular educational program in the public schools of the transferring district. If the parent or guardian of a student who is scheduled to be returned to the regular education program in the public schools of the district files a written objection to the return with the principal of the alternative school, the matter shall be referred by the principal to the regional superintendent of the educational service region in which the alternative school program is located for a hearing. Notice of the hearing shall be given by the regional superintendent to the student's parent or guardian. After the hearing, the regional superintendent may take such action as he or she finds appropriate and in the best interests of the student. The determination of the regional superintendent shall be final.
(2) The specific academic and behavioral components
(3) A method and time frame for reviewing the
Notwithstanding any other provision of this Article, if a student for whom an
individualized educational program has been developed under Article 14 is
transferred to an alternative school program under this Article 13A, that
individualized educational program shall continue to apply to that student
following the transfer unless modified in accordance with the provisions of
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
(105 ILCS 5/13A-8)
(a) The State of Illinois shall provide funding for
alternative school programs within each educational service region and within
the Chicago public school system by line item appropriation made to the State
Board of Education for that purpose. This money, when appropriated, shall be
provided to the regional superintendent and to the Chicago Board of Education,
who shall establish a budget, including salaries, for their
alternative school programs.
Each program shall receive funding in the amount of $30,000 plus an amount
based on the ratio of the region's or Chicago's best 3 months' average daily
attendance in grades pre-kindergarten through 12 to the statewide totals of
these amounts. For purposes of this calculation, the best 3 months' average
daily attendance for each region or Chicago shall be calculated by adding to
the best 3 months' average
attendance the number of low-income students identified in the most
recently available federal census multiplied by one-half times the percentage
region's or Chicago's low-income students
to the State's total low-income students.
The State Board of Education shall retain
up to 1.1% of the appropriation to be used to provide technical assistance,
professional development, and evaluations for the programs.
(a-5) Notwithstanding any other provisions of this Section, for the
fiscal year, the total amount distributed
under subsection (a) for an alternative school program shall be not less than
the total amount that was distributed under that subsection for that
alternative school program for the 1997-1998 fiscal year. If an alternative
school program is to receive a total distribution under subsection (a) for the
1998-1999 fiscal year that is less than the total
distribution that the program received under that subsection for the 1997-1998
fiscal year, that alternative school program shall also receive, from a
separate appropriation made for purposes of this subsection (a-5), a
payment equal to the amount by which its total distribution under
subsection (a) for the 1997-1998 fiscal year exceeds the amount of the total
distribution that the alternative school program receives under that
subsection for the 1998-1999 fiscal year.
If the amount appropriated
for supplementary payments to alternative school programs under this subsection
is insufficient for that purpose, those supplementary payments shall be
prorated among the alternative school programs entitled to receive those
supplementary payments according to the aggregate amount of the appropriation
made for purposes of this subsection (a-5).
(b) An alternative school program shall be entitled to receive general
State aid as calculated in subsection (K) of
Section 18-8.05 or evidence-based funding as calculated in subsection (g) of Section 18-8.15 upon filing a claim as
provided therein. Any time that a student who is enrolled in an alternative
school program spends in work-based learning, community service, or a similar
alternative educational setting shall be included in determining the student's
minimum number of clock hours of daily school work that constitute a day of
attendance for purposes of calculating general State aid or evidence-based funding.
(c) An alternative school program may receive additional funding from its
school districts in such amount as may be agreed upon by the parties and
to support the program. In addition, an alternative school program is
authorized to accept and expend gifts, legacies, and grants, including but not
limited to federal grants, from any source for purposes directly related to the
conduct and operation of the program.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/13B-5)
Legislative findings and declarations.
The General Assembly
(1) It is the responsibility of each school district
to provide educational support for every student to meet Illinois Learning Standards.
(2) School districts need flexibility and financial
support to assist local schools in their efforts to provide students with educational and other services needed for students to successfully master the curriculum.
(3) Alternative education in this State has
traditionally provided student-centered curriculum, social services, and other support needed to help students succeed.
(4) Standards-based reform requires a comprehensive
approach to alternative education to ensure that every student has the opportunity to meet the State's rigorous learning standards.
(5) While school districts operating alternative
learning opportunities programs must comply with all applicable State and federal laws and rules, these districts should do so in a manner consistent with the goals and policies stated in this Article.
(Source: P.A. 92-42, eff. 1-1-02.)
(105 ILCS 5/13B-25.20)
Requirements for the district plan.
The district plan
must be consistent with
the school district's overall mission and goals and aligned with the local
school improvement plans of
each participating school. The district plan must include all of the
(1) A description of the program, including the
students at risk of academic failure to be served, evidence of need, program goals, objectives, and measurable outcomes.
(2) A staffing plan, including the experiences,
competency, and qualifications of certified and non-certificated staff and emphasizing their individual and collective abilities to work with students at risk of academic failure.
(3) A description and schedule of support services
that will be available to students as part of their instructional program, including procedures for accessing services required for students on an as-needed basis.
(4) How the district will use grant funds to improve
the educational achievement of students at risk of academic failure.
(5) A detailed program budget that includes sources
of funding to be used in conjunction with alternative learning opportunities grant funds and a plan for allocating costs to those funds.
(6) A plan that outlines how funding for alternative
learning opportunities will be coordinated with other State and federal funds to ensure the efficient and effective delivery of the program.
(7) A description of other sources of revenue the
district will allocate to the program.
(8) An estimate of the total cost per student for the
program and an estimate of any gap between existing revenue available for the program and the total cost of the program.
(9) A description of how parents and community
members will be involved in the program.
(10) Policies and procedures used by the district to
grant credit for student work satisfactorily completed in the program.
(11) How the district will assess students enrolled
in the program, including how statewide testing for students in alternative learning opportunities settings will be addressed.
(12) How students will be admitted to the program and
how students will make an effective transition back to the regular school program, as appropriate.
(13) All cooperative and intergovernmental agreements
and subcontracts with eligible entities.
(Source: P.A. 92-42, eff. 1-1-02.)
(105 ILCS 5/13B-30.20)
Suspension or revocation of program approval.
suspend or revoke approval of an alternative learning opportunities program
under any one of the
(1) A failure to meet educational outcomes as
enumerated in Section 13B-30.15 of this Code and as specified in the alternative learning opportunities grant agreement for a period of 2 or more consecutive years.
(2) A failure to comply with all applicable laws as
(3) A failure to comply with the terms and conditions
of the alternative learning opportunities grant.
(4) A failure to maintain financial records according
to generally accepted accounting procedures as specified by the State Board.
(Source: P.A. 92-42, eff. 1-1-02.)
(105 ILCS 5/13B-35.10)
Committee of Cooperative Services.
Superintendent of Education
shall convene a State-level Committee of Cooperative Services. The Committee
representatives of the following agencies and organizations, selected by their
respective heads: the
Office of the Governor, the State Board of Education, the Illinois Association
Superintendents of Schools, the Chicago Public Schools, the Intermediate
Service Centers, the State
Teacher Certification Board, the Illinois Community College Board, the
Department of Human
Services, the Department of Children and Family Services, the Illinois
Principals Association, the Illinois
Education Association, the
Illinois Federation of Teachers, the Illinois Juvenile Justice Commission, the
Office of the Attorney
General, the Illinois Association of School Administrators, the Administrative
Office of the Illinois
Courts, the Department of Juvenile Justice, special education advocacy
community-based organizations, as well as
parent representatives and child advocates designated by the State
(Source: P.A. 94-696, eff. 6-1-06
(105 ILCS 5/13B-45)
Days and hours of attendance.
An alternative learning
shall provide students with at least the minimum number of days of pupil
attendance required under Section 10-19 of this Code and the minimum number of
daily hours of school work required under Section 10-19.05 of this Code,
provided that the State Board may approve exceptions to these
requirements if the program meets all of the following conditions:
(1) The district plan submitted under Section
13B-25.15 of this Code establishes that a program providing the required minimum number of days of attendance or daily hours of school work would not serve the needs of the program's students.
(2) Each day of attendance shall provide no fewer
than 3 clock hours of school work, as defined under Section 10-19.05 of this Code.
(3) Each day of attendance that provides fewer than 5
clock hours of school work shall also provide supplementary services, including without limitation work-based learning, student assistance programs, counseling, case management, health and fitness programs, or life-skills or conflict resolution training, in order to provide a total daily program to the student of 5 clock hours. A program may claim evidence-based funding for up to 2 hours of the time each day that a student is receiving supplementary services.
(4) Each program shall provide no fewer than 174 days
of actual pupil attendance during the school term; however, approved evening programs that meet the requirements of Section 13B-45 of this Code may offer less than 174 days of actual pupil attendance during the school term.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
(105 ILCS 5/13B-50.10)
Additional criteria for general State aid or evidence-based funding.
In order to
claim general State aid or evidence-based funding,
an alternative learning opportunities program must meet the following
(1) Teacher professional development plans should
include education in the instruction of at-risk students.
(2) Facilities must meet the health, life, and safety
requirements in this Code.
(3) The program must comply with all other State and
federal laws applicable to education providers.
(Source: P.A. 100-465, eff. 8-31-17.)