HB4448 93RD GENERAL ASSEMBLY

LRB093 17845 NHT 43526 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4448

Introduced 2/3/2004, by Renee Kosel - Suzanne Bassi - Sidney H. Mathias - Jim Sacia - Sandra M. Pihos, et al.

SYNOPSIS AS INTRODUCED:

105 ILCS 5/1D-1
105 ILCS 5/2-3.47	from Ch. 122, par. 2-3.47
105 ILCS 5/2-3.61	from Ch. 122, par. 2-3.61
105 ILCS 5/2-3.62	from Ch. 122, par. 2-3.62
105 ILCS 5/Art. 14A heading new
105 ILCS 5/14A-0.05 new
105 ILCS 5/14A-1 new
105 ILCS 5/14A-2 new
105 ILCS 5/14A-3 new
105 ILCS 5/14A-3.1 new
105 ILCS 5/14A-4 new
105 ILCS 5/14A-5 new
105 ILCS 5/14A-6 new
105 ILCS 5/14A-7 new
105 ILCS 5/14A-9 new
105 ILCS 5/14A-90 new

Amends the School Code. Restores the gifted education provisions that were repealed by Public Act 93-21. Contains provisions concerning supervision of the program, plans, an advisory council, reimbursement for services and materials, contracts for area service centers, experimental projects, and institutes, consulting staff, regional programs, rules, block grant funding, the Comprehensive Educational Plan, summer school grants, and educational service centers. Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 Sections 1D-1, 2-3.47, 2-3.61, and 2-3.62 and by adding Article 14A as follows:

(105 ILCS 5/1D-1)

Sec. 1D-1. Block grant funding.

(a) For fiscal year 1996 and each fiscal year thereafter, the State Board of Education shall award to a school district having a population exceeding 500,000 inhabitants a general education block grant and an educational services block grant, determined as provided in this Section, in lieu of distributing to the district separate State funding for the programs described in subsections (b) and (c). The provisions of this Section, however, do not apply to any federal funds that the district is entitled to receive. In accordance with Section 2-3.32, all block grants are subject to an audit. Therefore, block grant receipts and block grant expenditures shall be recorded to the appropriate fund code for the designated block grant.

(b) The general education block grant shall include the following programs: REI Initiative, Summer Bridges, Preschool At Risk, K-6 Comprehensive Arts, School Improvement Support, Urban Education, Scientific Literacy, Substance Abuse Prevention, Second Language Planning, Staff Development, Outcomes and Assessment, K-6 Reading Improvement, 7-12 Continued Reading Improvement, Truants' Optional Education, Hispanic Programs, Agriculture Education, Gifted Education, Parental Education, Prevention Initiative, Report Cards, and Criminal Background Investigations. Notwithstanding any other provision of law, all amounts paid under the general education block grant from State appropriations to a school district in a city having a population exceeding 500,000 inhabitants shall be appropriated and expended by the board of that district for any of the programs included in the block grant or any of the board's lawful purposes.

(c) The educational services block grant shall include the following programs: Bilingual, Regular and Vocational Transportation, State Lunch and Free Breakfast Program, Special Education (Personnel, Extraordinary, Transportation, Orphanage, Private Tuition), Summer School, Educational Service Centers, and Administrator's Academy. This subsection (c) does not relieve the district of its obligation to provide the services required under a program that is included within the educational services block grant. It is the intention of the General Assembly in enacting the provisions of this subsection (c) to relieve the district of the administrative burdens that impede efficiency and accompany single-program funding. The General Assembly encourages the board to pursue mandate waivers pursuant to Section 2-3.25g.

(d) For fiscal year 1996 and each fiscal year thereafter, the amount of the district's block grants shall be determined as follows: (i) with respect to each program that is included within each block grant, the district shall receive an amount equal to the same percentage of the current fiscal year appropriation made for that program as the percentage of the appropriation received by the district from the 1995 fiscal year appropriation made for that program, and (ii) the total amount that is due the district under the block grant shall be the aggregate of the amounts that the district is entitled to receive for the fiscal year with respect to each program that is included within the block grant that the State Board of Education shall award the district under this Section for that fiscal year. In the case of the Summer Bridges program, the amount of the district's block grant shall be equal to 44% of the amount of the current fiscal year appropriation made for that program.

(e) The district is not required to file any application or other claim in order to receive the block grants to which it is entitled under this Section. The State Board of Education shall make payments to the district of amounts due under the district's block grants on a schedule determined by the State Board of Education.

(f) A school district to which this Section applies shall report to the State Board of Education on its use of the block grants in such form and detail as the State Board of Education may specify.

(g) This paragraph provides for the treatment of block grants under Article 1C for purposes of calculating the amount of block grants for a district under this Section. Those block grants under Article 1C are, for this purpose, treated as included in the amount of appropriation for the various programs set forth in paragraph (b) above. The appropriation in each current fiscal year for each block grant under Article 1C shall be treated for these purposes as appropriations for the individual program included in that block grant. The proportion of each block grant so allocated to each such program included in it shall be the proportion which the appropriation for that program was of all appropriations for such purposes now in that block grant, in fiscal 1995.

Payments to the school district under this Section with respect to each program for which payments to school districts generally, as of the date of this amendatory Act of the 92nd General Assembly, are on a reimbursement basis shall continue to be made to the district on a reimbursement basis, pursuant to the provisions of this Code governing those programs.

(h) Notwithstanding any other provision of law, any school district receiving a block grant under this Section may classify all or a portion of the funds that it receives in a particular fiscal year from any block grant authorized under this Code or from general State aid pursuant to Section 18-8.05 of this Code (other than supplemental general State aid) as funds received in connection with any funding program for which it is entitled to receive funds from the State in that fiscal year (including, without limitation, any funding program referred to in subsection (c) of this Section), regardless of the source or timing of the receipt. The district may not classify more funds as funds received in connection with the funding program than the district is entitled to receive in that fiscal year for that program. Any classification by a district must be made by a resolution of its board of education. The resolution must identify the amount of any block grant or general State aid to be classified under this subsection (h) and must specify the funding program to which the funds are to be treated as received in connection therewith. This resolution is controlling as to the classification of funds referenced therein. A certified copy of the resolution must be sent to the State Superintendent of Education. The resolution shall still take effect even though a copy of the resolution has not been sent to the State Superintendent of Education in a timely manner. No classification under this subsection (h) by a district shall affect the total amount or timing of money the district is entitled to receive under this Code. No classification under this subsection (h) by a district shall in any way relieve the district from or affect any requirements that otherwise would apply with respect to the block grant as provided in this Section, including any accounting of funds by source, reporting expenditures by original source and purpose, reporting requirements, or requirements of provision of services.

(Source: P.A. 92-568, eff. 6-26-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03; 93-53, eff. 7-1-03; revised 9-11-03.)

(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)

Sec. 2-3.47. Comprehensive Educational Plan. The State Board of Education shall analyze the current and anticipated problems and deficiencies, present and future minimum needs and requirements and immediate and future objectives and goals of elementary and secondary education in the State of Illinois, and shall design and prepare a Comprehensive Educational Plan for the development, expansion, integration, coordination, and improved and efficient utilization of the personnel, facilities, revenues, curricula and standards of elementary and secondary education for the public schools in the areas of teaching (including preparation, certification, compensation, classification, performance rating and tenure), administration, program content and enrichment, student academic achievement, class size, transportation, educational finance and budgetary and accounting procedure, and educational policy and resource planning. In formulating the Comprehensive Educational Plan for elementary and secondary education, pre-school through grade 12, in this State, the State Board of Education shall give consideration to disabled, gifted, occupational, career and other specialized areas of elementary and secondary education, and further shall consider the problems, requirements and objectives of private elementary and secondary schools within the State as the same relate to the present and future problems, deficiencies, needs, requirements, objectives and goals of the public school system of Illinois. As an integral part of the Comprehensive Educational Plan, the State Board of Education shall develop an annual budget for education for the entire State which details the required, total revenues from all sources and the estimated total expenditures for all purposes under the Comprehensive Educational Plan. The budgets shall specify the amount of revenue projected from each source and the amount of expenditure estimated for each purpose for the fiscal year, and shall specifically relate and identify such projected revenues and estimated expenditures to the particular problem, deficiency, need, requirement, objective or goal set forth in the Comprehensive Educational Plan to which such revenues for expenditures are attributable. The State Board of Education shall prepare and submit to the General Assembly and the Governor drafts of proposed legislation to implement the Comprehensive Educational Plan; shall engage in a continuing study, analysis and evaluation of the Comprehensive Educational Plan so designed and prepared; and shall from time to time as required with respect to such annual budgets, and as the State Board of Education shall determine with respect to any proposed amendments or modifications of any Comprehensive Educational Plan enacted by the General Assembly, submit its drafts or recommendations for proposed legislation to the General Assembly and the Governor.

(Source: P.A. 93-21, eff. 7-1-03.)

(105 ILCS 5/2-3.61) (from Ch. 122, par. 2-3.61)

Sec. 2-3.61. Summer school grants; gifted and remedial education. From moneys appropriated for such purposes, the State Board of Education shall provide summer school grants to qualifying school districts applying for such grants to be used by such districts, in strict accordance with the provisions of this Section, solely for the purpose of enabling students who are "gifted children" or "talented children" as defined in Section 14A-2 and students who, as determined by the school district in accordance with criteria established by the State Board of Education, are in need of remedial education in order to qualify for academic advancement to attend summer school without having to pay tuition, fees or instructional material expenses. A qualifying district receiving a summer school grant pursuant to this Section shall use the grant moneys so received solely for the purpose of employing certificated personnel to provide instruction and to furnish necessary transportation, text books and other instructional materials for students who are gifted children, talented children, or in need of remedial education within the meaning of this Section and who attend the summer school program of the district. All applications for grants under this Section shall be made on forms which the State Board of Education shall provide, and shall be filed by the school districts making application for such grants with the State Board of Education prior to the beginning of a program. The State Board of Education shall adopt rules regarding the procedure by which application may be made for such grants, and shall establish standards by which to evaluate the summer school programs proposed by applicant school districts for students who are gifted children, talented children, or in need of remedial education within the meaning of this Section and for the payment of all grants awarded pursuant to this Section.

(Source: P.A. 93-21, eff. 7-1-03.)

(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)

Sec. 2-3.62. Educational Service Centers.

(a) A regional network of educational service centers shall be established by the State Board of Education to coordinate and combine existing services in a manner which is practical and efficient and to provide new services to schools as provided in this Section. Services to be made available by such centers shall include the planning, implementation and evaluation of:

(1) education for gifted children through area service centers, experimental projects, and institutes as provided in Section 14A-6; (blank);

(2) computer technology education including the evaluation, use and application of state-of-the-art technology in computer software as provided in Section 2-3.43;

(3) mathematics, science and reading resources for teachers including continuing education, inservice training and staff development.

The centers may provide training, technical assistance, coordination and planning in other program areas such as school improvement, school accountability, career guidance, early childhood education, alcohol/drug education and prevention, family life - sex education, electronic transmission of data from school districts to the State, alternative education and regional special education, and telecommunications systems that provide distance learning. Such telecommunications systems may be obtained through the Department of Central Management Services pursuant to Section 405-270 of the Department of Central Management Services Law (20 ILCS 405/405-270). The programs and services of educational service centers may be offered to private school teachers and private school students within each service center area provided public schools have already been afforded adequate access to such programs and services.

The State Board of Education shall promulgate rules and regulations necessary to implement this Section. The rules shall include detailed standards which delineate the scope and specific content of programs to be provided by each Educational Service Center, as well as the specific planning, implementation and evaluation services to be provided by each Center relative to its programs. The Board shall also provide the standards by which it will evaluate the programs provided by each Center.

(b) Centers serving Class 1 county school units shall be governed by an 11-member board, 3 members of which shall be public school teachers nominated by the local bargaining representatives to the appropriate regional superintendent for appointment and no more than 3 members of which shall be from each of the following categories, including but not limited to superintendents, regional superintendents, school board members and a representative of an institution of higher education. The members of the board shall be appointed by the regional superintendents whose school districts are served by the educational service center. The composition of the board will reflect the revisions of this amendatory Act of 1989 as the terms of office of current members expire.

(c) The centers shall be of sufficient size and number to assure delivery of services to all local school districts in the State.

(d) From monies appropriated for this program the State Board of Education shall provide grants to qualifying Educational Service Centers applying for such grants in accordance with rules and regulations promulgated by the State Board of Education to implement this Section.

(e) The governing authority of each of the 18 regional educational service centers shall appoint a family life - sex education advisory board consisting of 2 parents, 2 teachers, 2 school administrators, 2 school board members, 2 health care professionals, one library system representative, and the director of the regional educational service center who shall serve as chairperson of the advisory board so appointed. Members of the family life - sex education advisory boards shall serve without compensation. Each of the advisory boards appointed pursuant to this subsection shall develop a plan for regional teacher-parent family life - sex education training sessions and shall file a written report of such plan with the governing board of their regional educational service center. The directors of each of the regional educational service centers shall thereupon meet, review each of the reports submitted by the advisory boards and combine those reports into a single written report which they shall file with the Citizens Council on School Problems prior to the end of the regular school term of the 1987-1988 school year.

(f) The 14 educational service centers serving Class I county school units shall be disbanded on the first Monday of August, 1995, and their statutory responsibilities and programs shall be assumed by the regional offices of education, subject to rules and regulations developed by the State Board of Education. The regional superintendents of schools elected by the voters residing in all Class I counties shall serve as the chief administrators for these programs and services. By rule of the State Board of Education, the 10 educational service regions of lowest population shall provide such services under cooperative agreements with larger regions.

(Source: P.A. 93-21, eff. 7-1-03.)

(105 ILCS 5/Art. 14A heading new)

ARTICLE 14A. GIFTED CHILDREN

(105 ILCS 5/14A-0.05 new)

Sec. 14A-0.05. Applicability. This Article applies beginning with the 2004-2005 school year.

(105 ILCS 5/14A-1 new)

Sec. 14A-1. Purpose. This enactment is for the purpose of assisting and encouraging local school districts in the development and improvement of an education program that will increase the educational services of the public schools of Illinois for gifted and talented children as defined herein. Local school districts shall continue to have the authority and responsibility to develop education programs for gifted and talented children in response to community needs.

(105 ILCS 5/14A-2 new)

Sec. 14A-2. Gifted and talented children. "Gifted children" and "talented children" for the purpose of this Article 14A means children whose mental development is accelerated beyond the average or who have demonstrated a specific aptitude or talent and can profit from specially planned educational services to the extent they need them. The term includes children with exceptional ability in academic subjects, high level thought processes, divergent thinking, creativity, and the arts. In recognition of the need to have appropriate services and programs available to gifted children, the State Board of Education shall support a statewide program of early identification of gifted children. Eligibility for participation in programs established pursuant to this Article shall be determined solely through identification of a child as gifted or talented; no program shall condition participation upon race, religion, sex, disability, or any factor other than the student's identification as gifted or talented.

(105 ILCS 5/14A-3 new)

Sec. 14A-3. Supervision of program. The administration of the program herein enacted, including establishing standards for personnel, shall be supervised by the State Board of Education with the advice of an Advisory Council on Education of Gifted Children. The State Board of Education shall provide that, to the extent possible with the resources available, all gifted and talented children have an opportunity to receive services and participate in appropriate programs. The State Board shall also ensure that appropriations for programs for gifted children are spent in effective and efficient ways through program monitoring.

(105 ILCS 5/14A-3.1 new)

Sec. 14A-3.1. Comprehensive gifted and talented education. The State Board of Education shall require that each school district develop a plan, pursuant to rules and regulations developed by the State Board of Education, which either provides or makes available for all gifted and talented pupils appropriate programs which encompass all grade levels and fundamental areas of learning. Implementation of the plans, or components thereof as determined by the State Board of Education and local school districts, shall begin during the 2004-2005 school year and shall be based upon the level of funding provided under Section 14A-5 of this Code.

(105 ILCS 5/14A-4 new)

Sec. 14A-4. Advisory Council. There is hereby created an Advisory Council on Education of Gifted Children to consist of 7 members appointed by the State Board of Education, who shall hold office for 4 years. Vacancies shall be filled in like manner for the unexpired balance of the term only.

The members appointed shall be citizens of the United States and of this State and shall be selected, as far as may be practicable, on the basis of their knowledge of, or experience in, programs and problems of the education of gifted children. The State Board of Education shall take into consideration recommendations for membership on the Council from statewide teacher organizations.

The State Board of Education shall seek the advice of the Council regarding all rules or regulations to be promulgated by the State Board. The Council shall organize with a chairman selected by the Council members and shall meet at the call of the chairman upon 10 days' written notice but not less than 4 times in each calendar year. The Council shall consider any rule or regulation proposed by the State Board of Education within 40 days after its receipt by the chairman. Members of the Council shall serve without compensation but shall be entitled to reasonable amounts for expenses necessarily incurred in the performance of their duties.

The State Board of Education shall designate an employee of the State Board to act as executive secretary of the Council and shall furnish all clerical assistance necessary for the performance of its powers and duties.

(105 ILCS 5/14A-5 new)

Sec. 14A-5. Reimbursement for services and materials. Pursuant to regulations of the State Board of Education, proposed programs for gifted children may be submitted to the Council by a school district, 2 or more cooperating school districts, a county, or 2 or more cooperating counties. Such proposals shall include a statement of the qualifications and duties of the personnel required in the fields of diagnostic, counseling, and consultative services and the educational materials necessary.

Upon receipt of such proposals, the Council shall evaluate them and if found to contribute to the development of a State plan to increase the service of the public school in the field of education of gifted children, the Council shall recommend the acceptance thereof to the State Superintendent of Education, who may approve the same. Upon the approval of the district's program, which shall be offered during the regular school term and may include optional summer school, the district shall be entitled to reimbursement for the services and materials required therefor by the method described in either (a) or (b) as follows:

(a) The number of pupils in average daily attendance in the district's program, multiplied by one of the following factors:

The factors for school districts having different assessed valuations per pupil in average daily attendance for the prior year shall be:

1.0 in districts with $20,000 or more;

1.2 in districts with $16,000 but less than $20,000;

1.3 in districts with $12,000 but less than $16,000;

1.4 in districts with $9,000 but less than $12,000;

1.5 in districts with less than $9,000.

In no case shall the claim for reimbursement of any district exceed the actual cost of such program to the district nor shall the number of pupils for whom reimbursement is claimed exceed 5% of the number of pupils in average daily attendance in the district for the prior year.

(b) For each professional worker, who meets the established standards for his position, employed in the district's program at the annual rate of $5,000.

Estimated payments equal to 1/4 of the district's approved program amount shall be made by the State Comptroller on November 15, February 15, and May 15 upon submission of vouchers by the State Superintendent of Education. A final claim shall be transmitted to the State Superintendent of Education on or before July 20. Claims received by the State Superintendent of Education after July 20 shall not be honored. Upon receipt of the final claim the State Superintendent shall verify its accuracy and make a final adjusted payment on September 20.

If the amount appropriated for such reimbursement for any year is insufficient, it shall be apportioned on the basis of the claims approved.

When any school district eligible for reimbursement under this Section operates a school for a full year in accordance with Section 10-19.1 of this Code, such reimbursement shall be increased by 1/185 of the amount or rate paid hereunder for each day such school is operated in excess of 185 days per calendar year.

For purposes of calculating claims for reimbursement under this Section, the equalized assessed valuation for a school district used to compute reimbursement shall be computed in the same manner as it is computed under paragraph (2) of subsection (G) of Section 18-8.05.

(105 ILCS 5/14A-6 new)

Sec. 14A-6. Contracts for area service centers, experimental projects, and institutes. The State Board of Education, with the advice of the Council, is authorized to enter into contracts with school districts, regional superintendents, colleges, and universities for the conduct of area service centers, experimental projects, and institutes, including summer institutes, in the field of education of gifted children as defined herein.

Such area service centers, experimental projects, and institutes shall be established and conducted under rules and regulations prescribed by the State Board of Education and issued pursuant to this Act.

Prior to entering into such contracts, the State Superintendent of Education and the Council shall evaluate proposals for the conduct of such area service centers, experimental projects, and institutes as to the soundness of their design, the possibilities of securing productive results, the adequacy of resources to conduct the proposed area service center, experimental project, or institute, and their relationship to other area service centers, experimental projects, or institutes already completed or in progress.

Upon the approval of the performance of such contracts, the State Superintendent of Education shall prepare and submit vouchers for their payment to the State Comptroller to be paid out of any money appropriated for such purpose.

(105 ILCS 5/14A-7 new)

Sec. 14A-7. Consulting staff. The State Board of Education shall maintain a consulting staff of persons qualified by personality and experience to provide consultative assistance for the planning, operation, and evaluation of programs for the education of gifted children.

(105 ILCS 5/14A-9 new)

Sec. 14A-9. Regional programs. School districts may enter into agreements with accredited public and private universities or colleges to establish and operate regional mathematics and science academies during the summer months. The State Board of Education shall provide technical assistance for the establishment of such academies, including any academy established at Rock Valley College in Rockford. Academies shall, to the extent possible, be funded from existing State, federal, or private monies available for gifted education programs in mathematics and science. School districts may assess students reasonable fees to participate in programs established pursuant to this Section.

(105 ILCS 5/14A-90 new)

Sec. 14A-90. Rules. All rules, standards, and procedures adopted by the State Board of Education under Article 14A of this Code before it was repealed by Public Act 93-21 shall constitute the rules, standards, and procedures of the State Board of Education under Article 14A of this Code as added by this amendatory Act of the 93rd General Assembly, until they are modified or abolished by the State Board of Education.

Section 99. Effective date. This Act takes effect July 1, 2004.