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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB4266enr HB4266 Enrolled LRB9111628NTks 1 AN ACT in relation to adult education. 2 WHEREAS, The General Assembly, concerned about Illinois' 3 workforce preparedness in this era of low unemployment and 4 increased reliance on new American immigrants to meet labor 5 needs, wants adult education and adult literacy programs to 6 be planned and administered to help individuals and 7 businesses meet the challenges of severe labor shortages; and 8 WHEREAS, Meeting the State's employment needs requires a 9 high priority on developing the basic skills of adults to 10 read, write, compute, speak English, learn new job skills, 11 complete occupational training, and gain employment or 12 advance on the job; and 13 WHEREAS, Adult education and adult literacy programs are 14 supported by federal, State, and local investment; and 15 WHEREAS, The federal Workforce Investment Act of 1998 and 16 House Resolution 304 of this 91st General Assembly draw adult 17 education into close partnership with workforce development 18 and postsecondary education to benefit individuals and 19 businesses; and 20 WHEREAS, the General Assembly finds the need to 21 strengthen the dynamic relationship between education and 22 workforce development to provide employers with a much needed 23 expanded pool of better qualified employees, to reduce 24 duplication of administrative functions to help streamline 25 the operation of State government and increase efficiency and 26 coordination, and to enable Illinois adults in need to learn 27 to function more effectively in society and the workplace; 28 therefore 29 Be it enacted by the People of the State of Illinois, 30 represented in the General Assembly: HB4266 Enrolled -2- LRB9111628NTks 1 Section 5. The School Code is amended by changing 2 Sections 2-3.101, 10-22.20, and 10-22.20b and adding Section 3 10-22.19a as follows: 4 (105 ILCS 5/2-3.101) (from Ch. 122, par. 2-3.101) 5 Sec. 2-3.101. Adult education. All funding for services 6 provided under the federal and State Adult Education ActsAct7 shall be open for direct funding access to public and private 8 nonprofit agencies. The State Board of Education or the 9 Illinois Community College Board, pursuant to the transfer of 10 the State Board of Education's powers and duties under 11 Section 1-4 of the Adult Education Act, shall establish a 12 general competitive selection process and evaluate adult 13 education programs based upon federal rules and regulations 14 under the federal Adult Education Act. 15 (Source: P.A. 87-209; 87-895.) 16 (105 ILCS 5/10-22.19a new) 17 Sec. 10-22.19a. Adult education; transfer of powers and 18 duties. On July 1, 2001, all powers and duties of the State 19 Board of Education under Section 10-22.20 of this Code, 20 related grants and contracts, and Section 10-22.20b of this 21 Code shall be transferred to the Illinois Community College 22 Board, and references to the State Board of Education in 23 Sections 10-22.20 and 10-22.20b of this Code shall be deemed 24 to refer to the Illinois Community College Board. All rules, 25 standards, and procedures adopted by the State Board of 26 Education under Section 10-22.20 or 10-22.20b of this Code 27 shall continue in effect as the rules, standards, and 28 procedures of the Illinois Community College Board, until 29 they are modified by the Illinois Community College Board. 30 In order to effect an orderly transition, from July 1, 2000 31 until July 1, 2001, the State Board of Education shall 32 coordinate administration of Sections 10-22.20 and 10-22.20b HB4266 Enrolled -3- LRB9111628NTks 1 of this Code with the Illinois Community College Board. 2 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20) 3 Sec. 10-22.20. Classes for adults and youths whose 4 schooling has been interrupted; conditions for State 5 reimbursement; use of child care facilities. 6 (a) To establish special classes for the instruction (1) 7 of persons of age 21 years or over, and (2) of persons less 8 than age 21 and not otherwise in attendance in public school, 9 for the purpose of providing adults in the community, and 10 youths whose schooling has been interrupted, with such 11 additional basic education, vocational skill training, and 12 other instruction as may be necessary to increase their 13 qualifications for employment or other means of self-support 14 and their ability to meet their responsibilities as citizens 15 including courses of instruction regularly accepted for 16 graduation from elementary or high schools and for 17 Americanization and General Educational Development Review 18 classes. 19 The board shall pay the necessary expenses of such 20 classes out of school funds of the district, including costs 21 of student transportation and such facilities or provision 22 for child-care as may be necessary in the judgment of the 23 board to permit maximum utilization of the courses by 24 students with children, and other special needs of the 25 students directly related to such instruction. The expenses 26 thus incurred shall be subject to State reimbursement, as 27 provided in this Section. The board may make a tuition 28 charge for persons taking instruction who are not subject to 29 State reimbursement, such tuition charge not to exceed the 30 per capita cost of such classes. 31 The cost of such instruction, including the additional 32 expenses herein authorized, incurred for recipients of 33 financial aid under the Illinois Public Aid Code, or for HB4266 Enrolled -4- LRB9111628NTks 1 persons for whom education and training aid has been 2 authorized under Section 9-8 of that Code, shall be assumed 3 in its entirety from funds appropriated by the State to the 4 Illinois Community College BoardState Board of Education. 5 (b)The State Board of Education and the Illinois6Community College Board shall annually enter into an7interagency agreement to implement this Section.The 8 Illinois Community College Boardinteragency agreementshall 9 establish the standards for the courses of instruction 10 reimbursed under this Section. The Illinois Community 11 College BoardState Board of Educationshall supervise the 12 administration of the programs. The Illinois Community 13 College BoardState Board of Educationshall determine the 14 cost of instruction in accordance with standardsjointly15 established by theState Board of Education andthe Illinois 16 Community College Boardas set forth in the interagency17agreement, including therein other incidental costs as herein 18 authorized, which shall serve as the basis of State 19 reimbursement in accordance with the provisions of this 20 Section. In the approval of programs and the determination of 21 the cost of instruction, the Illinois Community College Board 22State Board of Educationshall provide for the maximum 23 utilization of federal funds for such programs. The Illinois 24 Community College Board shall also provide forinteragency25agreement shall also include: 26 (1) the development of an index of need for program 27 planning and for area funding allocations, as defined by 28 the Illinois Community College BoardState Board of29Education; 30 (2) the method for calculating hours of 31 instruction, as defined by the Illinois Community College 32 BoardState Board of Education, claimable for 33 reimbursement and a method to phase in the calculation 34 and for adjusting the calculations in cases where the HB4266 Enrolled -5- LRB9111628NTks 1 services of a program are interrupted due to 2 circumstances beyond the control of the program provider; 3 (3) a plan for the reallocation of funds to 4 increase the amount allocated for grants based upon 5 program performance as set forth in subsection (d) below; 6 and 7 (4) the development of standards for determining 8 grants based upon performance as set forth in subsection 9 (d) below and a plan for the phased-in implementation of 10 those standards. 11 For instruction provided by school districts and 12 community college districts beginning July 1, 1996 and 13 thereafter, reimbursement provided by the Illinois Community 14 College BoardState Board of Educationfor classes authorized 15 by this Section shall be providedpursuant to the terms of16the interagency agreementfrom funds appropriated for the 17 reimbursement criteria set forth in subsection (c) below. 18 (c) Upon the annual approval of the Illinois Community 19 College Boardinteragency agreement, reimbursement shall be 20 first provided for transportation, child care services, and 21 other special needs of the students directly related to 22 instruction and then from the funds remaining an amount equal 23 to the product of the total credit hours or units of 24 instruction approved by the Illinois Community College Board 25State Board of Education, multiplied by the following: 26 (1) For adult basic education, the maximum 27 reimbursement per credit hour or per unit of instruction 28 shall be equal to the general state aid per pupil 29 foundation level established in subsection (B) of Section 30 18-8.05, divided by 60; 31 (2) The maximum reimbursement per credit hour or 32 per unit of instruction in subparagraph (1) above shall 33 be weighted for students enrolled in classes defined as 34 vocational skills and approved by the Illinois Community HB4266 Enrolled -6- LRB9111628NTks 1 College BoardState Board of Educationby 1.25; 2 (3) The maximum reimbursement per credit hour or 3 per unit of instruction in subparagraph (1) above shall 4 be multiplied by .90 for students enrolled in classes 5 defined as adult secondary education programs and 6 approved by the Illinois Community College BoardState7Board of Education; 8 (4) For community college districts the maximum 9 reimbursement per credit hour in subparagraphs (1), (2), 10 and (3) above shall be reduced by the Adult Basic 11 Education/Adult Secondary Education/English As A Second 12 Language credit hour grant rate prescribed in Section 13 2-16.02 of the Public Community College Act, as pro-rated 14 to the appropriation level; and 15 (5) Programs receiving funds under the formula that 16 was in effect during the 1994-1995 program year which 17 continue to be approved and which generate at least 80% 18 of the hours claimable in 1994-95, or in the case of 19 programs not approved in 1994-95 at least 80% of the 20 hours claimable in 1995-96, shall have funding for 21 subsequent years based upon 100% of the 1995-96 formula 22 funding level for 1996-97, 90% of the 1995-96 formula 23 funding level for 1997-98, 80% of the 1995-96 formula 24 funding level for 1998-99, and 70% of the 1995-96 formula 25 funding level for 1999-2000. For any approved program 26 which generates less than 80% of the claimable hours in 27 its base year, the level of funding pursuant to this 28 paragraph shall be reduced proportionately. Funding for 29 program years after 1999-2000 shall be determined by the 30 Illinois Community College Boardpursuant to the31interagency agreement. 32 (d) Upon itstheannual approval,of the interagency33agreement, the Illinois Community College BoardState Board34of Educationshall provide grants to eligible programs for HB4266 Enrolled -7- LRB9111628NTks 1 supplemental activities to improve or expand services under 2 the Adult Education Act. Eligible programs shall be 3 determined based upon performance outcomes of students in the 4 programs as set by the Illinois Community College Boardforth5in the interagency agreement. 6 (e) Reimbursement under this Section shall not exceed 7 the actual costs of the approved program. 8 If the amount appropriated to the Illinois Community 9 College BoardState Board of Educationfor reimbursement 10 under this Section is less than the amount required under 11 this Act, the apportionment shall be proportionately reduced. 12 School districts and community college districts may 13 assess students up to $3.00 per credit hour, for classes 14 other than Adult Basic Education level programs, if needed to 15 meet program costs. 16 (f) An education plan shall be established for each 17 adult or youth whose schooling has been interrupted and who 18 is participating in the instructional programs provided under 19 this Section. 20 Each school board and community college shall keep an 21 accurate and detailed account of the students assigned to and 22 receiving instruction under this Section who are subject to 23 State reimbursement and shall submit reports of services 24 provided commencing with fiscal year 1997 as required by the 25 Illinois Community College Boardin the interagency26agreement. 27 For classes authorized under this Section, a credit hour 28 or unit of instruction is equal to 15 hours of direct 29 instruction for students enrolled in approved adult education 30 programs at midterm and making satisfactory progress, in 31 accordance with standardsjointlyestablished bythe State32Board of Education andthe Illinois Community College Board 33as set forth in the interagency agreement. 34 (g) Upon proof submitted to the Illinois Department of HB4266 Enrolled -8- LRB9111628NTks 1 Human Services of the payment of all claims submitted under 2 this Section, that Department shall apply for federal funds 3 made available therefor and any federal funds so received 4 shall be paid into the General Revenue Fund in the State 5 Treasury. 6 School districts or community colleges providing classes 7 under this Section shall submit applications to the Illinois 8 Community College BoardState Board of Educationfor 9 preapproval in accordance with the standardsjointly10 established bythe State Board of Education andthe Illinois 11 Community College Boardas set forth in the interagency12agreement. Payments shall be made by the Illinois Community 13 College BoardState Board of Educationbased upon approved 14 programs. Interim expenditure reports may be required by the 15 Illinois Community College BoardState Board of Education as16set forth in the interagency agreement. Final claims for the 17 school year shall be submitted to the regional 18 superintendents for transmittal to the Illinois Community 19 College BoardState Board of Education as set forth in the20interagency agreement. Final adjusted payments shall be made 21 by September 30. 22 If a school district or community college district fails 23 to provide, or is providing unsatisfactory or insufficient 24 classes under this Section, the Illinois Community College 25 BoardState Board of Educationmay enter into agreements with 26 public or private educational or other agencies other than 27 the public schools for the establishment of such classes. 28 (h) If a school district or community college district 29 establishes child-care facilities for the children of 30 participants in classes established under this Section, it 31 may extend the use of these facilities to students who have 32 obtained employment and to other persons in the community 33 whose children require care and supervision while the parent 34 or other person in charge of the children is employed or HB4266 Enrolled -9- LRB9111628NTks 1 otherwise absent from the home during all or part of the day. 2 It may make the facilities available before and after as well 3 as during regular school hours to school age and preschool 4 age children who may benefit thereby, including children who 5 require care and supervision pending the return of their 6 parent or other person in charge of their care from 7 employment or other activity requiring absence from the home. 8 The Illinois Community College BoardState Board of9Educationshall pay to the board the cost of care in the 10 facilities for any child who is a recipient of financial aid 11 under the Illinois Public Aid Code. 12 The board may charge for care of children for whom it 13 cannot make claim under the provisions of this Section. The 14 charge shall not exceed per capita cost, and to the extent 15 feasible, shall be fixed at a level which will permit 16 utilization by employed parents of low or moderate income. 17 It may also permit any other State or local governmental 18 agency or private agency providing care for children to 19 purchase care. 20 After July 1, 1970 when the provisions of Section 21 10-20.20 become operative in the district, children in a 22 child-care facility shall be transferred to the kindergarten 23 established under that Section for such portion of the day as 24 may be required for the kindergarten program, and only the 25 prorated costs of care and training provided in the Center 26 for the remaining period shall be charged to the Illinois 27 Department of Human Services or other persons or agencies 28 paying for such care. 29 (i) The provisions of this Section shall also apply to 30 school districts having a population exceeding 500,000. 31 (j) In addition to claiming reimbursement under this 32 Section, a school district may claim general State aid under 33 Section 18-8.05 for any student under age 21 who is enrolled 34 in courses accepted for graduation from elementary or high HB4266 Enrolled -10- LRB9111628NTks 1 school and who otherwise meets the requirements of Section 2 18-8.05. 3 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96; 4 90-14, eff. 7-1-97; 90-548, eff. 1-1-98; 90-802, eff. 5 12-15-98.) 6 (105 ILCS 5/10-22.20b) (from Ch. 122, par. 10-22.20b) 7 Sec. 10-22.20b. To appoint a person, who meets the 8 standards of qualification and certification established by 9 the Illinois Community College BoardState Board of10Education, as director of adult education to be responsible 11 for the development and general supervision of the adult 12 education program described in Section 10-22.20 and the Adult 13 Education Act. 14 (Source: P.A. 81-1508.) 15 Section 10. The Adult Education Act is amended by 16 changing the headings of Articles I and II, changing Sections 17 1-3, 2-1, 2-2, 2-4, 3-1, 3-3, and 4-1, and adding Section 1-4 18 as follows: 19 (105 ILCS 405/Art. I heading) 20 ARTICLE I. SHORT TITLE; CONSTRUCTION; 21 TRANSFER OF POWERS AND DUTIES 22 (105 ILCS 405/1-3) (from Ch. 122, par. 201-3) 23 Sec. 1-3. Definitions. The following terms shall have 24 the meanings respectively prescribed for them, except as the 25 context otherwise requires: 26(a)"Adult and Continuing Education" means:organized, 27 systematic instruction, and related educational services, for 28 students enrolled in a program conducted by a publicly 29 supported educational institution. Such students are beyond 30 compulsory education age, not currently enrolled in a regular HB4266 Enrolled -11- LRB9111628NTks 1 elementary or high school, and are not seeking college credit 2 toward an associate degree or degree. The instruction may be 3 full-time or part-time for the purpose of providing students 4 or groups with opportunities for personal improvement and 5 enrichment, preparation for effective participation as 6 citizens (including English for foreign-speaking 7 individuals), family life and parent education, elementary 8 and high school education, for which credit may be granted 9 toward diploma requirements, occupational and technical 10 training and retraining. 11 "Board" means (i) the State Board of Education until July 12 1, 2001 and (ii) the Illinois Community College Board on and 13 after July 1, 2001. 14 (Source: P.A. 82-622.) 15 (105 ILCS 405/1-4 new) 16 Sec 1-4. On July 1, 2001, all powers and duties of the 17 State Board of Education and the State Superintendent of 18 Education under this Act and related grants and contracts 19 shall be transferred to the Illinois Community College Board, 20 and references to the State Board of Education or the State 21 Superintendent of Education in this Act or any other law 22 concerning adult and continuing education shall be deemed to 23 refer to the Illinois Community College Board. All rules, 24 standards, and procedures adopted by the State Board of 25 Education or the State Superintendent of Education under this 26 Act shall continue in effect as the rules, standards, and 27 procedures of the Illinois Community College Board, until 28 they are modified by the Illinois Community College Board. 29 In order to effect an orderly transition, from July 1, 2000 30 until July 1, 2001, the State Board of Education and the 31 State Superintendent of Education shall coordinate 32 administration of this Act with the Illinois Community 33 College Board. HB4266 Enrolled -12- LRB9111628NTks 1 (105 ILCS 405/Art. II heading) 2 ARTICLE II. ILLINOIS COMMUNITY COLLEGE BOARD 3STATE BOARD OF EDUCATION4 (105 ILCS 405/2-1) (from Ch. 122, par. 202-1) 5 Sec. 2-1. Contracting with other state agencies. For the 6 purpose of promoting and establishing special classes for the 7 instruction (1) of persons of age 21 or older and (2) of 8 persons less than age 21 and not otherwise in attendance in 9 the public schools, theStateBoardof Educationmay contract 10 with other state agencies to accept and expend appropriations 11 given such agencies for educational purposes to reimburse the 12 community college district or local school district for the 13 cost of such program. 14 (Source: P.A. 81-1508.) 15 (105 ILCS 405/2-2) (from Ch. 122, par. 202-2) 16 Sec. 2-2. Agreement with public or private agencies.If17in the judgment of the State Board of Education a school18district or community college district is failing to provide,19or is providing unsatisfactory or insufficient classes for20the instruction or training of adults and youths whose21schooling has been interrupted, pursuant to the provisions of22Section 10-22.20 of "The School Code," approved, March 18,231961, as amended,The State Board shallmayenter into 24 agreements with public or private welfare, educational, or 25 other agencies, other than the public common schools, 26 competent to provide the education or training defined in 27 said Section, for the establishment of such special classes 28 by such agencies. 29 TheStateBoardof Educationshall establish the 30 standards for such courses of instruction and supervise the 31 administration thereof. TheStateBoardof Educationshall 32 determine the cost of such instruction, including therein HB4266 Enrolled -13- LRB9111628NTks 1 such incidental costs of student transportation, facilities, 2 or provision for child care for students who are parents, and 3 other special needs of the students, as authorized by Section 4 10-22.20 of The School Code. 5 The provisions of Section 10-22.20 of the School Code 6 respecting the reimbursement of the total cost of such 7 instruction or training by the Department of Employment 8 Security for students who may be authorized under the 9 Illinois Public Aid Code, approved April 11, 1967, shall be 10 applicable to classes established under this Act. Each agency 11 entering into an agreement shall keep accurate and detailed 12 accounts of students assigned to it and receiving instruction 13 in such special classes and submit claims for reimbursement 14 in the manner provided for school districts or community 15 college districts under said Section 10-22.20, and claims for 16 reimbursement shall be processed as therein provided. 17 Any such agreement may be terminated by theStateBoard 18of Educationwhen it determines (1) that such classes are no 19 longer necessary, or (2) that the instruction or training 20 established by an agency fails to meet the established 21 standards, or (3) that the classes established by a school 22 district or community college district, within whose 23 geographical limits the agency is located, pursuant to 24 Section 10-22.20 of the School Code, are adequate for the 25 purpose. 26 (Source: P.A. 83-1503.) 27 (105 ILCS 405/2-4) (from Ch. 122, par. 202-4) 28 Sec. 2-4. Area Planning Councils. On or before October 29 15, 1982, an Area Planning Council shall be established 30 within the boundaries of each community college district. 31 Each school district included within the boundaries of the 32 community college district maintaining either grades 33 kindergarten through 12 or grades 9 through 12; each regional HB4266 Enrolled -14- LRB9111628NTks 1 superintendent of schools, the majority of whose region is 2 included within the boundaries of the community college 3 district; and the community college district shall be 4 entitled to one representative on the Area Planning Council. 5 Area Planning Councils may elect to form a joint Area 6 Planning Council consisting of 2twoor more community 7 college districts as approved by theStateBoardof Education8in consultation with the Illinois Community College Board. 9 School districts which are not included within the boundaries 10 of a community college district may elect to participate in 11 an Area Planning Council associated with a community college 12 district with the approval of theStateBoardof Education in13consultation with the Illinois Community College Board; or 14 they may elect to establish an Area Planning Council which is 15 not associated with a community college district with the 16 approval of theStateBoardof Education. 17 On or before March 1 of each year each Area Planning 18 Council shall submit an annual Adult Education Plan for the 19 area. The Area Adult Education Plan shall provide for the 20 development and coordination of adult education programs in 21 the area. If theStateBoardof Education, in consultation22with the Illinois Community College Board,finds that the 23 annual Area Adult Education Plan submitted by the Area 24 Planning Council meets the requirements of this amendatory 25 Act of 1982 and the established standards and guidelines, the 26StateBoardof Educationshall approve the Plan. The 27 approval of adult education programs by theStateBoardof28Educationfor reimbursement under Section 10-22.20 of the 29 School Code shall be based on the Adult Education Plan 30 approved for the Area. 31 On or before March 1, 20021983and each year thereafter, 32 theStateBoardof Educationshall submit an annual report to 33 the Governor and the General Assembly for adult education for 34 the preceding school year. The annual report shall include a HB4266 Enrolled -15- LRB9111628NTks 1 summary of adult education needs and programs; the number of 2 students, credit hours or units of instruction, total adult 3 education costs, and State reimbursement for adult basic, 4 adult secondary and vocational skills programs; the criteria 5 used for program approval and any recommendations. 6 (Source: P.A. 83-460.) 7 (105 ILCS 405/3-1) (from Ch. 122, par. 203-1) 8 Sec. 3-1. Apportionment for Adult Education Courses. Any 9 school district or public community college district 10 maintaining adult education classes for the instruction of 11 persons over 21 years of age and youths under 21 years of age 12 whose schooling has been interrupted shall be entitled to 13 claim an apportionment in accordance with the provisions of 14 Section 10-22.20 of the School Code and Section 2-4 of this 15 Act. 16 Reimbursement as herein provided shall be limited to 17 courses regularly accepted for graduation from elementary or 18 high schools and for Americanization and General Educational 19 Development Review classes which are approved by theState20 Boardof Education. 21 If the amount appropriated for this purpose is less than 22 the amount required under the provisions of this Section, the 23 apportionment for local districts shall be proportionately 24 reduced. 25 (Source: P.A. 83-460.) 26 (105 ILCS 405/3-3) (from Ch. 122, par. 203-3) 27 Sec. 3-3. Bilingual courses; State grants. In school 28 districts having a substantial Spanish-speaking population, 29 the BoardState Superintendent of Educationshall establish 30 standards for and supervise the development of bilingual, 31 adult vocational and educational programs under this Act. 32 Such classes, when approved, qualify for the reimbursement HB4266 Enrolled -16- LRB9111628NTks 1 provided under Section 3-1 of this Act. In addition, from 2 moneys appropriated for that purpose, the BoardState3Superintendentmay provide grants to school districts to 4 establish pilot programs under this Section. 5 (Source: P.A. 79-933.) 6 (105 ILCS 405/4-1) (from Ch. 122, par. 204-1) 7 Sec. 4-1. Hard Core Dropouts. School boards or 8 community college boards may establish or enter into 9 contracts with public or private agencies for approved 10 programs which provide essential academic and employability 11 skills needed to obtain gainful employment for hard core 12 dropout youth between the ages of 16 and 21 years who are no 13 longer enrolled in school, including necessary support 14 services. 15 Pursuant to appropriation, theStateBoardof Education16 may award grants for the establishment and operation of such 17 programs which are contained within the area adult education 18 plans as required under this Act. Such grants, to the extent 19 practicable, shall be based upon student performance outcomes 20 of academic achievement and attendance as well as the extent 21 of contributions to such programs by proposed recipients. 22 TheStateBoardof Educationshall promulgate rules for the 23 administration of grants and the operation and evaluation of 24 such programs. 25 (Source: P.A. 84-1068.) 26 Section 15. The Adult Education Reporting Act is amended 27 by changing Sections 1 and 2 as follows: 28 (105 ILCS 410/1) (from Ch. 122, par. 1851) 29 Sec. 1. As used in this Act, "agency" means: the 30 Departments of Corrections, Public Aid, Commerce and 31 Community Affairs, Human Services, and Public Health; the HB4266 Enrolled -17- LRB9111628NTks 1 Secretary of State; the Illinois Community College Board; and 2 the Administrative Office of the Illinois Courts. On and 3 after July 1, 2001, "agency" includes the State Board of 4 Education and does not include the Illinois Community College 5 Board. 6 (Source: P.A. 89-507, eff. 7-1-97.) 7 (105 ILCS 410/2) (from Ch. 122, par. 1852) 8 Sec. 2. (a) Within 90 days of the effective date of this 9 Act, each agency shall file with the State Board of Education 10 a report listing all education, training or intern programs, 11 grants, loans or other services it administers or makes 12 available for providing education or training to Illinois 13 adult citizens as defined in Section 10-22.20 of the School 14 Code. Before July 1, 2001, the State Board of Education shall 15 file with the Illinois Community College Board a report 16 listing all education, training or intern programs, grants, 17 loans, or other services it administers or makes available 18 for providing education or training to Illinois adult 19 citizens as defined in Section 10-22.20 of the School Code. 20 (b) Such list shall be updated annually, with the list 21 being updated with the Illinois Community College Board 22 instead of the State Board of Education beginning on July 1, 23 2001. Before July 1, 2001, the State Board of Education shall 24 forward a copy of each updated list to the Illinois Community 25 College Board. 26 (c) If an agency has no education or training services 27 for adult citizens in Illinois, the report shall so state. 28 (Source: P.A. 85-807.) 29 Section 20. The Public Community College Act is amended 30 by changing Section 2-12 as follows: 31 (110 ILCS 805/2-12) (from Ch. 122, par. 102-12) HB4266 Enrolled -18- LRB9111628NTks 1 Sec. 2-12. The State Board shall have the power and it 2 shall be its duty: 3 (a) To provide statewide planning for community colleges 4 as institutions of higher education and co-ordinate the 5 programs, services and activities of all community colleges 6 in the State so as to encourage and establish a system of 7 locally initiated and administered comprehensive community 8 colleges. 9 (b) To organize and conduct feasibility surveys for new 10 community colleges or for the inclusion of existing 11 institutions as community colleges and the locating of new 12 institutions. 13 (c) To approve all locally funded capital projects for 14 which no State monies are required, in accordance with 15 standards established by rule. 16 (d) To cooperate with the community colleges in 17 continuing studies of student characteristics, admission 18 standards, grading policies, performance of transfer 19 students, qualification and certification of facilities and 20 any other problem of community college education. 21 (e) To enter into contracts with other governmental 22 agencies and eligible providers, such as local educational 23 agencies, community-based organizations of demonstrated 24 effectiveness, volunteer literacy organizations of 25 demonstrated effectiveness, institutions of higher education, 26 public and private nonprofit agencies, libraries, and public 27 housing authorities; to accept federal funds and to plan with 28 other State agencies when appropriate for the allocation of 29 such federal funds for instructional programs and student 30 services including such funds for adult education and adult 31 literacy, vocational and technical education, and retraining 32 as may be allocated by state and federal agencies for the aid 33 of community colleges. To receive, receipt for, hold in 34 trust, expend and administer, for all purposes of this Act, HB4266 Enrolled -19- LRB9111628NTks 1 funds and other aid made available by the federal government 2 or by other agencies public or private, subject to 3 appropriation by the General Assembly. The changes to this 4 subdivision (e) made by this amendatory Act of the 91st 5 General Assembly apply on and after July 1, 2001. 6 (f) To determine efficient and adequate standards for 7 community colleges for the physical plant, heating, lighting, 8 ventilation, sanitation, safety, equipment and supplies, 9 instruction and teaching, curriculum, library, operation, 10 maintenance, administration and supervision, and to grant 11 recognition certificates to community colleges meeting such 12 standards. 13 (g) To determine the standards for establishment of 14 community colleges and the proper location of the site in 15 relation to existing institutions of higher education 16 offering academic, occupational and technical training 17 curricula, possible enrollment, assessed valuation, 18 industrial, business, agricultural, and other conditions 19 reflecting educational needs in the area to be served; 20 however, no community college may be considered as being 21 recognized nor may the establishment of any community college 22 be authorized in any district which shall be deemed 23 inadequate for the maintenance, in accordance with the 24 desirable standards thus determined, of a community college 25 offering the basic subjects of general education and suitable 26 vocational and semiprofessional and technical curricula. 27 (h) To approve or disapprove new units of instruction, 28 research or public service as defined in Section 3-25.1 of 29 this Act submitted by the boards of trustees of the 30 respective community college districts of this State. The 31 State Board may discontinue programs which fail to reflect 32 the educational needs of the area being served. The community 33 college district shall be granted 60 days following the State 34 Board staff recommendation and prior to the State Board's HB4266 Enrolled -20- LRB9111628NTks 1 action to respond to concerns regarding the program in 2 question. If the State Board acts to abolish a community 3 college program, the community college district has a right 4 to appeal the decision in accordance with administrative 5 rules promulgated by the State Board under the provisions of 6 the Illinois Administrative Procedure Act. 7 (i) To participate in, to recommend approval or 8 disapproval, and to assist in the coordination of the 9 programs of community colleges participating in programs of 10 interinstitutional cooperation with other public or nonpublic 11 institutions of higher education. If the State Board does not 12 approve a particular cooperative agreement, the community 13 college district has a right to appeal the decision in 14 accordance with administrative rules promulgated by the State 15 Board under the provisions of the Illinois Administrative 16 Procedure Act. 17 (j) To establish guidelines regarding sabbatical leaves. 18 (k) To establish guidelines for the admission into 19 special, appropriate programs conducted or created by 20 community colleges for elementary and secondary school 21 dropouts who have received truant status from the school 22 districts of this State in compliance with Section 26-14 of 23 The School Code. 24 (l) The Community College Board shall conduct a study of 25 community college teacher education courses to determine how 26 the community college system can increase its participation 27 in the preparation of elementary and secondary teachers. 28 (m) To establish by July 1, 1997 uniform financial 29 accounting and reporting standards and principles for 30 community colleges and develop procedures and systems for 31 community colleges for reporting financial data to the State 32 Board. 33 (n) To create and participate in the conduct and 34 operation of any corporation, joint venture, partnership, HB4266 Enrolled -21- LRB9111628NTks 1 association, or other organizational entity that has the 2 power: (i) to acquire land, buildings, and other capital 3 equipment for the use and benefit of the community colleges 4 or their students; (ii) to accept gifts and make grants for 5 the use and benefit of the community colleges or their 6 students; (iii) to aid in the instruction and education of 7 students of community colleges; and (iv) to promote 8 activities to acquaint members of the community with the 9 facilities of the various community colleges. 10 (o) On and after July 1, 2001, to ensure the effective 11 teaching of adults and to prepare them for success in 12 employment and lifelong learning by administering a network 13 of providers, programs, and services to provide adult basic 14 education, adult secondary/general education development, 15 English as a second language, and any other instruction 16 designed to prepare adult students to function successfully 17 in society and to experience success in postsecondary 18 education and the world of work. In order to effect an 19 orderly transition as provided under Section 10-22.19a of the 20 School Code and Section 1-4 of the Adult Education Act, from 21 July 1, 2000 until July 1, 2001, the State Board of Education 22 shall coordinate administration of the powers and duties 23 listed in this subdivision (o) with the State Board. 24 (p) On and after July 1, 2001, to supervise the 25 administration of adult education and adult literacy 26 programs, to establish the standards for such courses of 27 instruction and supervise the administration thereof, to 28 contract with other State and local agencies and eligible 29 providers, such as local educational agencies, 30 community-based organizations of demonstrated effectiveness, 31 volunteer literacy organizations of demonstrated 32 effectiveness, institutions of higher education, public and 33 private nonprofit agencies, libraries, and public housing 34 authorities, for the purpose of promoting and establishing HB4266 Enrolled -22- LRB9111628NTks 1 classes for instruction under these programs, to contract 2 with other State and local agencies to accept and expend 3 appropriations for educational purposes to reimburse local 4 eligible providers for the cost of these programs, and to 5 establish an advisory council consisting of all categories of 6 eligible providers; agency partners, such as the State Board 7 of Education, the Department of Human Services, the 8 Department of Employment Security, and the Secretary of State 9 literacy program; and other stakeholders to identify, 10 deliberate, and make recommendations to the State Board on 11 adult education policy and priorities. In order to effect an 12 orderly transition as provided under Section 10-22.19a of the 13 School Code and Section 1-4 of the Adult Education Act, from 14 July 1, 2000 until July 1, 2001, the State Board of Education 15 shall coordinate administration of the powers and duties 16 listed in this subdivision (p) with the State Board. The 17 State Board shall support statewide geographic distribution; 18 diversity of eligible providers; and the adequacy, stability, 19 and predictability of funding so as not to disrupt or 20 diminish, but rather to enhance, adult education by this 21 change of administration. 22 (Source: P.A. 87-1023; 88-322.) 23 Section 99. Effective date. This Act takes effect on 24 July 1, 2000, except that the changes to Sections 10-22.20 25 and 10-22.20b of the School Code and the changes to the 26 heading of Article II and Sections 2-4 and 3-3 of the Adult 27 Education Act take effect on July 1, 2001.