State of Illinois
91st General Assembly
Legislation

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91_HB4617

 
                                               LRB9111835LDmg

 1        AN ACT in relation to adult education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 10-22.20 as follows:

 6        (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
 7        Sec.  10-22.20.  Classes  for  adults  and  youths  whose
 8    schooling   has   been   interrupted;  conditions  for  State
 9    reimbursement; use of child care facilities.
10        (a)  To establish special classes for the instruction (1)
11    of persons of age 21 years of age or over, and (2) of persons
12    less than age 21 years of age and not otherwise in attendance
13    in public school, for the purpose of providing adults in  the
14    community,  and  youths whose schooling has been interrupted,
15    with  such  additional  basic  education,  vocational   skill
16    training,  and  other  instruction  as  may  be  necessary to
17    increase their qualifications for employment or  other  means
18    of   self-support   and   their   ability   to   meet   their
19    responsibilities as citizens including courses of instruction
20    regularly  accepted  for  graduation  from elementary or high
21    schools  and  for  Americanization  and  General  Educational
22    Development Review classes.
23        The board  shall  pay  the  necessary  expenses  of  such
24    classes  out of school funds of the district, including costs
25    of student transportation and such  facilities  or  provision
26    for  child-care  as  may  be necessary in the judgment of the
27    board  to  permit  maximum  utilization  of  the  courses  by
28    students with  children,  and  other  special  needs  of  the
29    students  directly related to such instruction.  The expenses
30    thus incurred shall be subject  to  State  reimbursement,  as
31    provided  in  this  Section.   The  board  may make a tuition
 
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 1    charge for persons taking instruction who are not subject  to
 2    State  reimbursement,  such  tuition charge not to exceed the
 3    per capita cost of such classes.
 4        The cost of such instruction,  including  the  additional
 5    expenses   herein  authorized,  incurred  for  recipients  of
 6    financial aid under the Illinois  Public  Aid  Code,  or  for
 7    persons   for  whom  education  and  training  aid  has  been
 8    authorized under Section 9-8 of that Code, shall  be  assumed
 9    in  its  entirety from funds appropriated by the State to the
10    State Board of Education.
11        (b)  The  State  Board  of  Education  and  the  Illinois
12    Community  College  Board  shall  annually  enter   into   an
13    interagency   agreement   to  implement  this  Section.   The
14    interagency agreement shall establish the standards  for  the
15    courses  of  instruction  reimbursed under this Section.  The
16    State Board of Education shall supervise  the  administration
17    of   the  programs.   The  State  Board  of  Education  shall
18    determine  the  cost  of  instruction  in   accordance   with
19    standards jointly established by the State Board of Education
20    and  the Illinois Community College Board as set forth in the
21    interagency agreement,  including  therein  other  incidental
22    costs as herein authorized, which shall serve as the basis of
23    State  reimbursement  in  accordance  with  the provisions of
24    this  Section.  In  the  approval   of   programs   and   the
25    determination  of the cost of instruction, the State Board of
26    Education  shall  provide  for  the  maximum  utilization  of
27    federal funds for such programs.  The  interagency  agreement
28    shall also include:
29             (1)  the development of an index of need for program
30        planning  and  for area funding allocations as defined by
31        the State Board of Education;
32             (2)  the   method   for   calculating    hours    of
33        instruction,  as defined by the State Board of Education,
34        claimable for reimbursement and a method to phase in  the
 
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 1        calculation  and  for adjusting the calculations in cases
 2        where the services of a program are  interrupted  due  to
 3        circumstances beyond the control of the program provider;
 4             (3)  a   plan  for  the  reallocation  of  funds  to
 5        increase the  amount  allocated  for  grants  based  upon
 6        program performance as set forth in subsection (d) below;
 7        and
 8             (4)  the  development  of  standards for determining
 9        grants based upon performance as set forth in  subsection
10        (d)  below and a plan for the phased-in implementation of
11        those standards.
12        For  instruction  provided  by   school   districts   and
13    community  college  districts  beginning  July  1,  1996  and
14    thereafter,  reimbursement  provided  by  the  State Board of
15    Education for classes authorized by  this  Section  shall  be
16    provided  pursuant  to the terms of the interagency agreement
17    from funds appropriated for the  reimbursement  criteria  set
18    forth in subsection (c) below.
19        (c)  Upon   the   annual   approval  of  the  interagency
20    agreement,  reimbursement  shall  be   first   provided   for
21    transportation,  child care services, and other special needs
22    of the students directly related to instruction and then from
23    the funds remaining an amount equal to  the  product  of  the
24    total  credit  hours  or units of instruction approved by the
25    State 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  State  Board  of
 
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 1        Education by 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 State Board of Education;
 7             (4)  For  community  college  districts  the maximum
 8        reimbursement per credit hour in subparagraphs (1),  (2),
 9        and  (3)  above  shall  be  reduced  by  the  Adult Basic
10        Education/Adult Secondary Education/English As  A  Second
11        Language  credit  hour  grant  rate prescribed in Section
12        2-16.02 of the Public Community College Act, as pro-rated
13        to the appropriation level; and
14             (5)  Programs receiving funds under the formula that
15        was in effect during the  1994-1995  program  year  which
16        continue  to  be approved and which generate at least 80%
17        of the hours claimable in 1994-95,  or  in  the  case  of
18        programs  not  approved  in  1994-95  at least 80% of the
19        hours  claimable  in  1995-96,  shall  have  funding  for
20        subsequent years based upon 100% of the  1995-96  formula
21        funding  level  for  1996-97,  90% of the 1995-96 formula
22        funding level for 1997-98, 80%  of  the  1995-96  formula
23        funding level for 1998-99, and 70% of the 1995-96 formula
24        funding  level  for  1999-2000.  For any approved program
25        which generates less than 80% of the claimable  hours  in
26        its  base  year,  the  level  of funding pursuant to this
27        paragraph shall be reduced proportionately.  Funding  for
28        program  years  after  1999-2000 shall be pursuant to the
29        interagency agreement.
30        (d)  Upon  the  annual  approval   of   the   interagency
31    agreement,  the State Board of Education shall provide grants
32    to eligible programs for supplemental activities  to  improve
33    or  expand  services under the Adult Education Act.  Eligible
34    programs shall be determined based upon performance  outcomes
 
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 1    of  students  in the programs as set forth in the interagency
 2    agreement.
 3        (e)  Reimbursement under this Section  shall  not  exceed
 4    the actual costs of the approved program.
 5        If   the  amount  appropriated  to  the  State  Board  of
 6    Education for reimbursement under this Section is  less  than
 7    the  amount  required under this Act, the apportionment shall
 8    be proportionately reduced.
 9        School districts  and  community  college  districts  may
10    assess  students  up  to  $3.00  per credit hour, for classes
11    other than Adult Basic Education level programs, if needed to
12    meet program costs.
13        (f)  An education plan  shall  be  established  for  each
14    adult  or  youth whose schooling has been interrupted and who
15    is participating in the instructional programs provided under
16    this Section.
17        Each school board and community  college  shall  keep  an
18    accurate and detailed account of the students assigned to and
19    receiving  instruction  under this Section who are subject to
20    State reimbursement and  shall  submit  reports  of  services
21    provided  commencing with fiscal year 1997 as required in the
22    interagency agreement.
23        For classes authorized under this Section, a credit  hour
24    or  unit  of  instruction  is  equal  to  15  hours of direct
25    instruction for students enrolled in approved adult education
26    programs at midterm  and  making  satisfactory  progress,  in
27    accordance  with  standards  jointly established by the State
28    Board of Education and the Illinois Community  College  Board
29    as set forth in the interagency agreement.
30        (g)  Upon  proof  submitted to the Illinois Department of
31    Human Services of the payment of all claims  submitted  under
32    this  Section,  that Department shall apply for federal funds
33    made available therefor and any  federal  funds  so  received
34    shall  be  paid  into  the  General Revenue Fund in the State
 
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 1    Treasury.
 2        School districts or community colleges providing  classes
 3    under  this  Section  shall  submit applications to the State
 4    Board of Education for preapproval  in  accordance  with  the
 5    standards jointly established by the State Board of Education
 6    and  the Illinois Community College Board as set forth in the
 7    interagency agreement.  Payments shall be made by  the  State
 8    Board  of  Education  based  upon approved programs.  Interim
 9    expenditure reports may be required by  the  State  Board  of
10    Education  as  set forth in the interagency agreement.  Final
11    claims for the school year shall be submitted to the regional
12    superintendents  for  transmittal  to  the  State  Board   of
13    Education  as  set forth in the interagency agreement.  Final
14    adjusted payments shall be made by September 30.
15        If a school district or community college district  fails
16    to  provide,  or  is providing unsatisfactory or insufficient
17    classes under this Section, the State Board of Education  may
18    enter  into  agreements with public or private educational or
19    other  agencies  other  than  the  public  schools  for   the
20    establishment of such classes.
21        (h)  If  a  school district or community college district
22    establishes  child-care  facilities  for  the   children   of
23    participants  in  classes  established under this Section, it
24    may extend the use of these facilities to students  who  have
25    obtained  employment  and  to  other persons in the community
26    whose children require care and supervision while the  parent
27    or  other  person  in  charge  of the children is employed or
28    otherwise absent from the home during all or part of the day.
29    It may make the facilities available before and after as well
30    as during regular school hours to school  age  and  preschool
31    age  children who may benefit thereby, including children who
32    require care and supervision  pending  the  return  of  their
33    parent   or  other  person  in  charge  of  their  care  from
34    employment or other activity requiring absence from the home.
 
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 1        The State Board of Education shall pay to the  board  the
 2    cost  of  care  in  the  facilities  for  any  child who is a
 3    recipient of financial aid  under  the  Illinois  Public  Aid
 4    Code.
 5        The  board  may  charge  for care of children for whom it
 6    cannot make claim under the provisions of this Section.   The
 7    charge  shall  not  exceed per capita cost, and to the extent
 8    feasible, shall  be  fixed  at  a  level  which  will  permit
 9    utilization  by  employed  parents of low or moderate income.
10    It may also permit any  other  State  or  local  governmental
11    agency  or  private  agency  providing  care  for children to
12    purchase care.
13        After  July  1,  1970  when  the  provisions  of  Section
14    10-20.20 become operative in  the  district,  children  in  a
15    child-care  facility shall be transferred to the kindergarten
16    established under that Section for such portion of the day as
17    may be required for the kindergarten program,  and  only  the
18    prorated  costs  of  care and training provided in the Center
19    for the remaining period shall be  charged  to  the  Illinois
20    Department  of  Human  Services  or other persons or agencies
21    paying for such care.
22        (i)  The provisions of this Section shall also  apply  to
23    school districts having a population exceeding 500,000.
24        (j)  In  addition  to  claiming  reimbursement under this
25    Section, a school district may claim general State aid  under
26    Section  18-8.05 for any student under age 21 who is enrolled
27    in courses accepted for graduation from  elementary  or  high
28    school  and  who  otherwise meets the requirements of Section
29    18-8.05.
30    (Source: P.A. 89-507,  eff.  7-1-97;  89-524,  eff.  7-19-96;
31    90-14,   eff.  7-1-97;  90-548,  eff.  1-1-98;  90-802,  eff.
32    12-15-98.)

33        Section 10.   The  Adult  Education  Act  is  amended  by
 
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 1    changing Section 3-1 as follows:

 2        (105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
 3        Sec.  3-1.  Apportionment for Adult Education Courses.  A
 4    Any school district  or  public  community  college  district
 5    maintaining  adult  education  classes for the instruction of
 6    persons over 21 years of age and youths under 21 years of age
 7    whose schooling has been interrupted  shall  be  entitled  to
 8    claim  an  apportionment in accordance with the provisions of
 9    Section 10-22.20 of The School Code and Section 2-4  of  this
10    Act.
11        Reimbursement  as  herein  provided  shall  be limited to
12    courses regularly accepted for graduation from elementary  or
13    high  schools and for Americanization and General Educational
14    Development Review classes which are approved  by  the  State
15    Board of Education.
16        If  the amount appropriated for this purpose is less than
17    the amount required under the provisions of this Section, the
18    apportionment for local districts  shall  be  proportionately
19    reduced.
20    (Source: P.A. 83-460.)

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