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Public Act 096-0684


 

Public Act 0684 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0684
 
HB2448 Enrolled LRB096 10847 NHT 21320 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Section
10-29 as follows:
 
    (105 ILCS 5/10-29 new)
    Sec. 10-29. Remote educational programs.
    (a) For purposes of this Section, "remote educational
program" means an educational program delivered to students in
the home or other location outside of a school building that
meets all of the following criteria:
        (1) A student may participate in the program only after
    the school district, pursuant to adopted school board
    policy, and a person authorized to enroll the student under
    Section 10-20.12b of this Code determine that a remote
    educational program will best serve the student's
    individual learning needs. The adopted school board policy
    shall include, but not be limited to, all of the following:
            (A) Criteria for determining that a remote
        educational program will best serve a student's
        individual learning needs. The criteria must include
        consideration of, at a minimum, a student's prior
        attendance, disciplinary record, and academic history.
            (B) Any limitations on the number of students or
        grade levels that may participate in a remote
        educational program.
            (C) A description of the process that the school
        district will use to approve participation in the
        remote educational program. The process must include
        without limitation a requirement that, for any student
        who qualifies to receive services pursuant to the
        federal Individuals with Disabilities Education
        Improvement Act of 2004, the student's participation
        in a remote educational program receive prior approval
        from the student's individualized education program
        team.
            (D) A description of the process the school
        district will use to develop and approve a written
        remote educational plan that meets the requirements of
        subdivision (5) of this subsection (a).
            (E) A description of the system the school district
        will establish to calculate the number of clock hours a
        student is participating in instruction in accordance
        with the remote educational program.
            (F) A description of the process for renewing a
        remote educational program at the expiration of its
        term.
            (G) Such other terms and provisions as the school
        district deems necessary to provide for the
        establishment and delivery of a remote educational
        program.
        (2) The school district has determined that the remote
    educational program's curriculum is aligned to State
    learning standards and that the program offers instruction
    and educational experiences consistent with those given to
    students at the same grade level in the district.
        (3) The remote educational program is delivered by
    instructors that meet the following qualifications:
            (A) they are certificated under Article 21 of this
        Code;
            (B) they meet applicable highly qualified criteria
        under the federal No Child Left Behind Act of 2001; and
            (C) they have responsibility for all of the
        following elements of the program: planning
        instruction, diagnosing learning needs, prescribing
        content delivery through class activities, assessing
        learning, reporting outcomes to administrators and
        parents and guardians, and evaluating the effects of
        instruction.
        (4) During the period of the calendar year included
    within the regular school term of the school district,
    participation in a remote educational program may be
    claimed for general State aid purposes under Section
    18-8.05 of this Code only on days of pupil attendance or
    institute days included within the school district's
    calendar established pursuant to Section 10-19 of this
    Code. Outside of the regular school term of the district,
    the remote educational program may be offered as part of
    any summer school program authorized by this Code.
        (5) Each student participating in a remote educational
    program must have a written remote educational plan that
    has been approved by the school district and a person
    authorized to enroll the student under Section 10-20.12b of
    this Code. The school district and a person authorized to
    enroll the student under Section 10-20.12b of this Code
    must approve any amendment to a remote educational plan.
    The remote educational plan must include, but is not
    limited to, all of the following:
            (A) Specific achievement goals for the student
        aligned to State learning standards.
            (B) A description of all assessments that will be
        used to measure student progress, which description
        shall indicate the assessments that will be
        administered at an attendance center within the school
        district.
            (C) A description of the progress reports that will
        be provided to the school district and the person or
        persons authorized to enroll the student under Section
        10-20.12b of this Code.
            (D) Expectations, processes, and schedules for
        interaction between a teacher and student.
            (E) A description of the specific responsibilities
        of the student's family and the school district with
        respect to equipment, materials, phone and Internet
        service, and any other requirements applicable to the
        home or other location outside of a school building
        necessary for the delivery of the remote educational
        program.
            (F) If applicable, a description of how the remote
        educational program will be delivered in a manner
        consistent with the student's individualized education
        program required by Section 614(d) of the federal
        Individuals with Disabilities Education Improvement
        Act of 2004 or plan to ensure compliance with Section
        504 of the federal Rehabilitation Act of 1973.
            (G) A description of the procedures and
        opportunities for participation in academic and
        extra-curricular activities and programs within the
        school district.
            (H) The identification of a parent, guardian, or
        other responsible adult who will provide direct
        supervision of the program. The plan must include an
        acknowledgment by the parent, guardian, or other
        responsible adult that he or she may engage only in
        non-teaching duties not requiring instructional
        judgment or the evaluation of a student. The plan shall
        designate the parent, guardian, or other responsible
        adult as non-teaching personnel or volunteer personnel
        under subsection (a) of Section 10-22.34 of this Code.
            (I) The identification of a school district
        administrator who will oversee the remote educational
        program on behalf of the school district and who may be
        contacted by the student's parents with respect to any
        issues or concerns with the program.
            (J) The term of the student's participation in the
        remote educational program, which may not extend for
        longer than 12 months, unless the term is renewed by
        the district in accordance with subdivision (7) of this
        subsection (a).
            (K) A description of the specific location or
        locations in which the program will be delivered. If
        the remote educational program is to be delivered to a
        student in any location other than the student's home,
        the plan must include a written determination by the
        school district that the location will provide a
        learning environment appropriate for the delivery of
        the program. The location or locations in which the
        program will be delivered shall be deemed a long
        distance teaching reception area under subsection (a)
        of Section 10-22.34 of this Code.
            (L) Certification by the school district that the
        plan meets all other requirements of this Section.
        (6) Students participating in a remote educational
    program must be enrolled in a school district attendance
    center pursuant to the school district's enrollment policy
    or policies. A student participating in a remote
    educational program must be tested as part of all
    assessments administered by the school district pursuant
    to Section 2-3.64 of this Code at the attendance center in
    which the student is enrolled and in accordance with the
    attendance center's assessment policies and schedule. The
    student must be included within all adequate yearly
    progress and other accountability determinations for the
    school district and attendance center under State and
    federal law.
        (7) The term of a student's participation in a remote
    educational program may not extend for longer than 12
    months, unless the term is renewed by the school district.
    The district may only renew a student's participation in a
    remote educational program following an evaluation of the
    student's progress in the program, a determination that the
    student's continuation in the program will best serve the
    student's individual learning needs, and an amendment to
    the student's written remote educational plan addressing
    any changes for the upcoming term of the program.
    (b) A school district may, by resolution of its school
board, establish a remote educational program.
    (c) Days of attendance by students in a remote educational
program meeting the requirements of this Section may be claimed
by the school district and shall be counted as school work for
general State aid purposes in accordance with and subject to
the limitations of Section 18-8.05 of this Code.
    (d) The impact of remote educational programs on wages,
hours, and terms and conditions of employment of educational
employees within the school district shall be subject to local
collective bargaining agreements.
    (e) The use of a home or other location outside of a school
building for a remote educational program shall not cause the
home or other location to be deemed a public school facility.
    (f) A remote educational program may be used, but is not
required, for instruction delivered to a student in the home or
other location outside of a school building that is not claimed
for general State aid purposes under Section 18-8.05 of this
Code.
    (g) School districts that, pursuant to this Section, adopt
a policy for a remote educational program must submit to the
State Board of Education a copy of the policy and any
amendments thereto, as well as data on student participation in
a format specified by the State Board of Education. The State
Board of Education may perform or contract with an outside
entity to perform an evaluation of remote educational programs
in this State.
    (h) The State Board of Education may adopt any rules
necessary to ensure compliance by remote educational programs
with the requirements of this Section and other applicable
legal requirements.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2009