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Public Act 101-0289


 

Public Act 0289 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0289
 
HB3628 EnrolledLRB101 10021 AXK 55123 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 changing Section
10-22.20 as follows:
 
    (105 ILCS 5/10-22.20)  (from Ch. 122, par. 10-22.20)
    Sec. 10-22.20. Classes for adults and youths whose
schooling has been interrupted; conditions for State
reimbursement; use of child care facilities.
    (a) To establish special classes for the instruction (1) of
persons of age 21 years or over and (2) of persons less than
age 21 and not otherwise in attendance in public school, for
the purpose of providing adults in the community and youths
whose schooling has been interrupted with such additional basic
education, vocational skill training, and other instruction as
may be necessary to increase their qualifications for
employment or other means of self-support and their ability to
meet their responsibilities as citizens, including courses of
instruction regularly accepted for graduation from elementary
or high schools and for Americanization and high school
equivalency testing review classes.
    The board shall pay the necessary expenses of such classes
out of school funds of the district, including costs of student
transportation and such facilities or provision for child-care
as may be necessary in the judgment of the board to permit
maximum utilization of the courses by students with children,
and other special needs of the students directly related to
such instruction. The expenses thus incurred shall be subject
to State reimbursement, as provided in Section 2-12.5 of the
Public Community College Act this Section. The board may make a
tuition charge for persons taking instruction who are not
subject to State reimbursement, such tuition charge not to
exceed the per capita cost of such classes.
    The cost of such instruction, including the additional
expenses herein authorized, incurred for recipients of
financial aid under the Illinois Public Aid Code, or for
persons for whom education and training aid has been authorized
under Section 9-8 of that Code, shall be assumed in its
entirety from funds appropriated by the State to the Illinois
Community College Board as provided in Section 2-12.5 of the
Public Community College Act.
    (b) The Illinois Community College Board shall establish
the standards for the courses of instruction reimbursed under
this Section. The Illinois Community College Board shall
supervise the administration of the programs. The Illinois
Community College Board shall determine the cost of instruction
in accordance with standards established by the Illinois
Community College Board, including therein other incidental
costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of the
Public Community College Act this Section. In the approval of
programs and the determination of the cost of instruction, the
Illinois Community College Board shall provide for the maximum
utilization of federal funds for such programs. The Illinois
Community College Board shall also provide for:
        (1) the development of an index of need for program
    planning and for area funding allocations, as defined by
    the Illinois Community College Board;
        (2) the method for calculating hours of instruction, as
    defined by the Illinois Community College Board, claimable
    for reimbursement and a method to phase in the calculation
    and for adjusting the calculations in cases where the
    services of a program are interrupted due to circumstances
    beyond the control of the program provider;
        (3) a plan for the reallocation of funds to increase
    the amount allocated for grants based upon program
    performance as set forth in subsection (d) below; and
        (4) the development of standards for determining
    grants based upon performance as set forth in subsection
    (d) below and a plan for the phased-in implementation of
    those standards.
    For instruction provided by school districts and community
college districts beginning July 1, 1996 and thereafter,
reimbursement provided by the Illinois Community College Board
for classes authorized by this Section shall be provided from
funds appropriated for the reimbursement criteria set forth in
subsection (c) below.
    (c) (Blank). Upon the annual approval of the Illinois
Community College Board, reimbursement shall be first provided
for transportation, child care services, and other special
needs of the students directly related to instruction and then
from the funds remaining an amount equal to the product of the
total credit hours or units of instruction approved by the
Illinois Community College Board, multiplied by the following:
        (1) For adult basic education, the maximum
    reimbursement per credit hour or per unit of instruction
    shall be equal to (i) through fiscal year 2017, the general
    state aid per pupil foundation level established in
    subsection (B) of Section 18-8.05, divided by 60, or (ii)
    in fiscal year 2018 and thereafter, the prior fiscal year
    reimbursement level multiplied by the Consumer Price Index
    for All Urban Consumers for all items published by the
    United States Department of Labor;
        (2) The maximum reimbursement per credit hour or per
    unit of instruction in subparagraph (1) above shall be
    weighted for students enrolled in classes defined as
    vocational skills and approved by the Illinois Community
    College Board by 1.25;
        (3) The maximum reimbursement per credit hour or per
    unit of instruction in subparagraph (1) above shall be
    multiplied by .90 for students enrolled in classes defined
    as adult secondary education programs and approved by the
    Illinois Community College Board;
        (4) (Blank); and
        (5) Funding for program years after 1999-2000 shall be
    determined by the Illinois Community College Board.
    (d) (Blank). Upon its annual approval, the Illinois
Community College Board shall provide grants to eligible
programs for supplemental activities to improve or expand
services under the Adult Education Act. Eligible programs shall
be determined based upon performance outcomes of students in
the programs as set by the Illinois Community College Board.
    (e) (Blank). Reimbursement under this Section shall not
exceed the actual costs of the approved program.
    If the amount appropriated to the Illinois Community
College Board for reimbursement under this Section is less than
the amount required under this Act, the apportionment shall be
proportionately reduced.
    School districts and community college districts may
assess students up to $3.00 per credit hour, for classes other
than Adult Basic Education level programs, if needed to meet
program costs.
    (f) (Blank). An education plan shall be established for
each adult or youth whose schooling has been interrupted and
who is participating in the instructional programs provided
under this Section.
    Each school board and community college shall keep an
accurate and detailed account of the students assigned to and
receiving instruction under this Section who are subject to
State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required by the
Illinois Community College Board.
    For classes authorized under this Section, a credit hour or
unit of instruction is equal to 15 hours of direct instruction
for students enrolled in approved adult education programs at
midterm and making satisfactory progress, in accordance with
standards established by the Illinois Community College Board.
    (g) (Blank). Upon proof submitted to the Illinois
Department of Human Services of the payment of all claims
submitted under this Section, that Department shall apply for
federal funds made available therefor and any federal funds so
received shall be paid into the General Revenue Fund in the
State Treasury.
    School districts or community colleges providing classes
under this Section shall submit applications to the Illinois
Community College Board for preapproval in accordance with the
standards established by the Illinois Community College Board.
Payments shall be made by the Illinois Community College Board
based upon approved programs. Interim expenditure reports may
be required by the Illinois Community College Board. Final
claims for the school year shall be submitted to the regional
superintendents for transmittal to the Illinois Community
College Board. Final adjusted payments shall be made by
September 30.
    If a school district or community college district fails to
provide, or is providing unsatisfactory or insufficient
classes under this Section, the Illinois Community College
Board may enter into agreements with public or private
educational or other agencies other than the public schools for
the establishment of such classes.
    (h) (Blank). If a school district or community college
district establishes child-care facilities for the children of
participants in classes established under this Section, it may
extend the use of these facilities to students who have
obtained employment and to other persons in the community whose
children require care and supervision while the parent or other
person in charge of the children is employed or otherwise
absent from the home during all or part of the day. It may make
the facilities available before and after as well as during
regular school hours to school age and preschool age children
who may benefit thereby, including children who require care
and supervision pending the return of their parent or other
person in charge of their care from employment or other
activity requiring absence from the home.
    The Illinois Community College Board shall pay to the board
the cost of care in the facilities for any child who is a
recipient of financial aid under the Illinois Public Aid Code.
    The board may charge for care of children for whom it
cannot make claim under the provisions of this Section. The
charge shall not exceed per capita cost, and to the extent
feasible, shall be fixed at a level which will permit
utilization by employed parents of low or moderate income. It
may also permit any other State or local governmental agency or
private agency providing care for children to purchase care.
    After July 1, 1970 when the provisions of Section 10-20.20
become operative in the district, children in a child-care
facility shall be transferred to the kindergarten established
under that Section for such portion of the day as may be
required for the kindergarten program, and only the prorated
costs of care and training provided in the Center for the
remaining period shall be charged to the Illinois Department of
Human Services or other persons or agencies paying for such
care.
    (i) (Blank). The provisions of this Section shall also
apply to school districts having a population exceeding
500,000.
    (j) In addition to claiming reimbursement under this
Section, a school district may claim general State aid under
Section 18-8.05 or evidence-based funding under Section
18-8.15 for any student under age 21 who is enrolled in courses
accepted for graduation from elementary or high school and who
otherwise meets the requirements of Section 18-8.05 or 18-8.15,
as applicable.
(Source: P.A. 100-465, eff. 8-31-17.)
 
    Section 10. The Adult Education Act is amended by changing
Sections 1-3, 2-4, and 3-1 as follows:
 
    (105 ILCS 405/1-3)  (from Ch. 122, par. 201-3)
    Sec. 1-3. Definitions. The following terms shall have the
meanings respectively prescribed for them, except as the
context otherwise requires:
    "Adult and Continuing Education" means academic
instruction and educational services below the postsecondary
level that increase an individual's ability to (i) read, write,
and speak in English and perform mathematics or other
activities necessary for the attainment of a secondary school
diploma or its recognized equivalent and (ii) transition to
postsecondary education and training or obtain employment
organized, systematic instruction, and related educational
services, for students enrolled in a program conducted by a
publicly supported educational institution. Such students are
beyond compulsory education age, not currently enrolled in a
regular elementary or high school, and are not seeking college
credit toward an associate degree or degree. The instruction
may be full-time or part-time for the purpose of providing
students or groups with opportunities for personal improvement
and enrichment, preparation for effective participation as
citizens (including English for foreign-speaking individuals),
family life and parent education, elementary and high school
education, for which credit may be granted toward diploma
requirements, occupational and technical training and
retraining.
    "Board" means (i) the State Board of Education until July
1, 2001 and (ii) the Illinois Community College Board on and
after July 1, 2001.
(Source: P.A. 91-830, eff. 7-1-00.)
 
    (105 ILCS 405/2-4)  (from Ch. 122, par. 202-4)
    Sec. 2-4. Area Planning Councils. An On or before October
15, 1982, an Area Planning Council shall be established within
the boundaries of each community college district. A
representative of each approved adult education provider is
required to participate on the Area Planning Council. Other
members may include:
        (1) regional superintendents of schools;
        (2) representatives of school districts;
        (3) representatives of the community college
    district's career and technical education program;
        (4) representatives of the community college
    district's financial aid office;
        (5) representatives of the community college
    district's student services office;
        (6) representatives of local workforce boards under
    the federal Workforce Innovation and Opportunity Act;
        (7) persons with an interest in adult education
    services provided within the community college district;
    and
        (8) persons with an interest in adult education
    services provided within the Area Planning Council
    district, including, but not limited to, representatives
    of social service agencies, businesses and employers,
    vocational rehabilitation services of the Department of
    Human Services, and the Department of Employment Security.
Each Area Planning Council must elect officers and develop
bylaws that indicate the membership of the Council. The Area
Planning Council chairperson must be a representative of an
adult education provider approved by the Board. In areas where
large multiple-provider Area Planning Councils exist, the
Board may designate sub-areas within an Area Planning Council
district to ensure maximum representation of need. The Board
shall determine the guidelines for the bylaws and operation of
the Area Planning Council.
    On or before March 1 of each year each Area Planning
Council shall submit an annual Adult Education Plan for the
area. The Area Adult Education Plan shall provide for the
development and coordination of adult education programs in the
area as prescribed by the Board. The Area Adult Education Plan
must be aligned with Title II of the federal Workforce
Innovation and Opportunity Act, the State Unified Plan, local
workforce boards, and one-stop activities and must include
involvement of the local Board-approved adult education
workforce board representative. The local adult education
workforce board representative is responsible for convening
Area Planning Council chairpersons in a local workforce area to
provide information regarding the development of the Area Adult
Education Plans and related federal Workforce Innovation and
Opportunity Act activities. If the Board finds that the annual
Area Adult Education Plan submitted by the Area Planning
Council meets the requirements of this amendatory Act of 1982
and the established standards and guidelines, the Board shall
approve the Plan. The approval of adult education programs by
the Board for reimbursement under Section 2-12.5 of the Public
Community College Act 10-22.20 of the School Code shall be
based on the Adult Education Plan approved for the Area. The
Area Adult Education Plan must be approved prior to funding
being made available to an Area Planning Council district.
    On or before March 1, 2002 and each year thereafter, the
Board shall submit an annual report to the Governor and the
General Assembly for adult education for the preceding school
year. The annual report shall include a summary of adult
education needs and programs; the number of students served,
federal Workforce Innovation and Opportunity Act activities,
high school equivalency information, credit hours or units of
instruction, performance data, total adult education
allocations, and State reimbursement for adult basic
education, adult secondary education, English language
acquisition, high school credit, integrated English literacy
and , civics education, and bridge and integrated education and
training programs in coordination with , and vocational skills
training programs; the criteria used for program approval; and
any recommendations.
(Source: P.A. 99-650, eff. 7-28-16.)
 
    (105 ILCS 405/3-1)  (from Ch. 122, par. 203-1)
    Sec. 3-1. Apportionment for Adult Education Courses. Any
school district maintaining adult education classes for the
instruction of persons over 21 years of age and youths under 21
years of age whose schooling has been interrupted shall be
entitled to claim an apportionment in accordance with the
provisions of Section 10-22.20 of the School Code and Section
2-4 of this Act. Any public community college district
maintaining adult education classes for the instruction of
those persons who (i) are 16 years of age or older, are not
enrolled or required to be enrolled in a secondary school under
State law, and are basic-skills deficient, (ii) do not have a
secondary school diploma or its recognized equivalent and have
not achieved an equivalent level of education, or (iii) are an
English language learner over 21 years of age and youths under
21 years of age whose schooling has been interrupted shall be
entitled to claim an apportionment in accordance with the
provisions of Section 2-16.02 of the Public Community College
Act.
    Reimbursement as herein provided shall be limited to adult
basic education, adult secondary and high school equivalency
testing education, high school credit, literacy, English
language acquisition, integrated English literacy and civics
education, integrated education and training in coordination
with vocational skills training, and any other activities that
to courses regularly accepted for graduation from elementary or
high schools and for Americanization and high school
equivalency testing review classes which are approved by the
Board.
    If the amount appropriated for this purpose is less than
the amount required under the provisions of this Section, the
apportionment for local districts shall be proportionately
reduced.
(Source: P.A. 98-718, eff. 1-1-15.)
 
    (105 ILCS 405/2-1 rep.)
    (105 ILCS 405/2-2 rep.)
    (105 ILCS 405/3-2 rep.)
    (105 ILCS 405/3-3 rep.)
    Section 15. The Adult Education Act is amended by repealing
Sections 2-1, 2-2, 3-2, and 3-3.
 
    (105 ILCS 410/Act rep.)
    Section 20. The Adult Education Reporting Act is repealed.
 
    Section 25. The Public Community College Act is amended by
changing Section 2-12 and by adding Section 2-12.5 as follows:
 
    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
    Sec. 2-12. The State Board shall have the power and it
shall be its duty:
        (a) To provide statewide planning for community
    colleges as institutions of higher education and to
    coordinate the programs, services and activities of all
    community colleges in the State so as to encourage and
    establish a system of locally initiated and administered
    comprehensive community colleges.
        (b) To organize and conduct feasibility surveys for new
    community colleges or for the inclusion of existing
    institutions as community colleges and the locating of new
    institutions.
        (c) (Blank).
        (c-5) In collaboration with the community colleges, to
    furnish information for State and federal accountability
    purposes, promote student and institutional improvement,
    and meet research needs.
        (d) To cooperate with the community colleges in
    collecting and maintaining student characteristics,
    enrollment and completion data, faculty and staff
    characteristics, financial data, admission standards,
    qualification and certification of facilities, and any
    other issues facing community colleges.
        (e) To enter into contracts with other governmental
    agencies and eligible providers, such as local educational
    agencies, community-based organizations of demonstrated
    effectiveness, volunteer literacy organizations of
    demonstrated effectiveness, institutions of higher
    education, public and private nonprofit agencies,
    libraries, and public housing authorities; to accept
    federal funds and to plan with other State agencies when
    appropriate for the allocation of such federal funds for
    instructional programs and student services including such
    funds for adult education and literacy, vocational and
    career and technical education, and retraining as may be
    allocated by state and federal agencies for the aid of
    community colleges. To receive, receipt for, hold in trust,
    expend and administer, for all purposes of this Act, funds
    and other aid made available by the federal government or
    by other agencies public or private, subject to
    appropriation by the General Assembly. The changes to this
    subdivision (e) made by Public Act 91-830 this amendatory
    Act of the 91st General Assembly apply on and after July 1,
    2001.
        (f) To determine efficient and adequate standards for
    community colleges for the physical plant, heating,
    lighting, ventilation, sanitation, safety, equipment and
    supplies, instruction and teaching, curriculum, library,
    operation, maintenance, administration and supervision,
    and to grant recognition certificates to community
    colleges meeting such standards.
        (g) To determine the standards for establishment of
    community colleges and the proper location of the site in
    relation to existing institutions of higher education
    offering academic, occupational and technical training
    curricula, possible enrollment, assessed valuation,
    industrial, business, agricultural, and other conditions
    reflecting educational needs in the area to be served;
    however, no community college may be considered as being
    recognized nor may the establishment of any community
    college be authorized in any district which shall be deemed
    inadequate for the maintenance, in accordance with the
    desirable standards thus determined, of a community
    college offering the basic subjects of general education
    and suitable vocational and semiprofessional and technical
    curricula.
        (h) To approve or disapprove new units of instruction,
    research or public service as defined in Section 3-25.1 of
    this Act submitted by the boards of trustees of the
    respective community college districts of this State. The
    State Board may discontinue programs which fail to reflect
    the educational needs of the area being served. The
    community college district shall be granted 60 days
    following the State Board staff recommendation and prior to
    the State Board's action to respond to concerns regarding
    the program in question. If the State Board acts to abolish
    a community college program, the community college
    district has a right to appeal the decision in accordance
    with administrative rules promulgated by the State Board
    under the provisions of the Illinois Administrative
    Procedure Act.
        (i) To review and approve or disapprove any contract or
    agreement that community colleges enter into with any
    organization, association, educational institution, or
    government agency to provide educational services for
    academic credit. The State Board is authorized to monitor
    performance under any contract or agreement that is
    approved by the State Board. If the State Board does not
    approve a particular contract or agreement, the community
    college district has a right to appeal the decision in
    accordance with administrative rules promulgated by the
    State Board under the provisions of the Illinois
    Administrative Procedure Act. Nothing in this subdivision
    subsection (i) shall be interpreted as applying to
    collective bargaining agreements with any labor
    organization.
        (j) To establish guidelines regarding sabbatical
    leaves.
        (k) To establish guidelines for the admission into
    special, appropriate programs conducted or created by
    community colleges for elementary and secondary school
    dropouts who have received truant status from the school
    districts of this State in compliance with Section 26-14 of
    the The School Code.
        (l) (Blank).
        (m) (Blank).
        (n) To create and participate in the conduct and
    operation of any corporation, joint venture, partnership,
    association, or other organizational entity that has the
    power: (i) to acquire land, buildings, and other capital
    equipment for the use and benefit of the community colleges
    or their students; (ii) to accept gifts and make grants for
    the use and benefit of the community colleges or their
    students; (iii) to aid in the instruction and education of
    students of community colleges; and (iv) to promote
    activities to acquaint members of the community with the
    facilities of the various community colleges.
        (o) To On and after July 1, 2001, to ensure the
    effective teaching of adult learners adults and to prepare
    them for success in employment and lifelong learning by
    administering a network of providers, programs, and
    services to provide classes for the instruction of those
    individuals who (i) are 16 years of age or older, are not
    enrolled or required to be enrolled in a secondary school
    under State law, and are basic-skills deficient, (ii) do
    not have a secondary school diploma or its recognized
    equivalent and have not achieved an equivalent level of
    education, or (iii) are an English language learner.
    Classes in adult education may include adult basic
    education, adult secondary and high school equivalency
    testing education, high school credit, literacy, English
    language acquisition, integrated education and training in
    coordination with vocational skills training English as a
    second language, and any other instruction designed to
    prepare adult students to function successfully in society
    and to experience success in postsecondary education and
    employment.
        (p) To On and after July 1, 2001, to supervise the
    administration of adult education and literacy programs,
    to establish the standards for such courses of instruction
    and supervise the administration thereof, to contract with
    other State and local agencies and eligible providers of
    demonstrated effectiveness, such as local educational
    agencies, community-based organizations, volunteer
    literacy organizations, institutions of higher education,
    public and private nonprofit agencies, libraries, public
    housing authorities, and nonprofit non-profit institutions
    for the purpose of promoting and establishing classes for
    instruction under these programs, to contract with other
    State and local agencies to accept and expend
    appropriations for educational purposes to reimburse local
    eligible providers for the cost of these programs, and to
    establish an advisory council consisting of all categories
    of eligible providers; agency partners, such as the State
    Board of Education, the Department of Human Services, the
    Department of Employment Security, the Department of
    Commerce and Economic Opportunity, and the Secretary of
    State literacy program; and other stakeholders to
    identify, deliberate, and make recommendations to the
    State Board on adult education policy and priorities. The
    State Board shall support statewide geographic
    distribution; diversity of eligible providers; and the
    adequacy, stability, and predictability of funding so as
    not to disrupt or diminish, but rather to enhance, adult
    education and literacy services.
(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19;
revised 10-9-18.)
 
    (110 ILCS 805/2-12.5 new)
    Sec. 2-12.5. Classes for adults and youths whose schooling
has been interrupted.
    (a) The State Board shall reimburse adult education
providers from funds appropriated for approved expenses that
are established and determined by the State Board in compliance
with the federal Workforce Innovation and Opportunity Act and
other State and federal requirements. The State Board shall
establish standards to determine the cost of instruction,
including any other authorized incidental costs, which shall
serve as the basis of State reimbursement in accordance with
the provisions of this Section. In the approval of programs and
the determination of the cost of instruction, the State Board
shall provide for the maximum utilization of federal and State
funds for those programs. The State Board shall also provide
for:
        (1) the development of an index of need for program
    planning and for area funding allocations, as defined by
    the State Board;
        (2) the method for calculating hours of instruction, as
    defined by the State Board, claimable for reimbursement and
    a method to phase in the calculation and for adjusting the
    calculations in cases in which the services of a program
    are interrupted due to circumstances beyond the control of
    the program provider;
        (3) a plan for the reallocation of funds to increase
    the amount allocated for grants based upon program
    performance; and
        (4) the development of standards, programs, and
    guidelines consistent with the federal Workforce
    Innovation and Opportunity Act.
    (b) For adult education instruction as listed under
subdivision (o) of Section 2-12, the maximum generation rate
for reimbursement per credit hour or per unit of instruction
shall be equal to the community college system reimbursement
rate for adult education divided by one-third.
    (c) Upon its annual approval, the State Board shall provide
grants to eligible programs for activities to improve or expand
services under the federal Workforce Innovation and
Opportunity Act, Title II - Adult Education and Literacy.
Eligible programs shall be determined based upon competitive
processes and based on federal and State program
considerations, as set by the State Board.
    (d) Reimbursement under this Section may not exceed the
actual costs of the approved program. Approved programs may
assess students, except those students receiving public aid
under the Illinois Public Aid Code, up to $6.00 per credit hour
or unit of instruction, not to exceed $30.00 per semester per
student, if needed to meet program costs.
    (e) An education plan shall be established for each adult
learner who is participating in the instructional programs
provided under this Section.
    (f) Each adult education provider shall keep an accurate
and detailed account of the students assigned to and receiving
instruction under this Section who are enrolled in classroom
instruction. Each adult education provider shall submit
reports of services provided as required by the State Board.
    (g) For classes authorized under this Section, a credit
hour or unit of instruction is equal to 15 hours of direct
instruction for students enrolled in approved adult education
programs at midterm and making satisfactory progress, in
accordance with standards established by the State Board.
    (h) If an approved adult education provider fails to
provide or is providing unsatisfactory or insufficient classes
under Section 2-12 and this Section, the State Board may enter
into agreements with other eligible providers.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019