SB3533 98TH GENERAL ASSEMBLY

LRB098 16924 NHT 51999 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3533

Introduced 2/14/2014, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Course Choice in Education Act. Requires the State Board of Education to establish the State Course Choice Program, a program in which the State Board shall maintain a catalog that provides a list of all courses authorized and available to students in this State. Defines who is an eligible funded student and eligible participating student. Under the program, requires the State Board to establish a submission and authorization process for providers to be offered through the program and to evaluate providers. Requires a school district to (i) provide information to parents and the public on the availability of course choice options and eligibility guidelines, (ii) submit eligibility policies to the program, (iii) establish policies and procedures whereby credits earned through the course provider shall appear on a student's official transcript and count fully towards diploma requirements, and (iv) make available to all students the program during the annual course enrollment process for that school district. Sets forth provisions concerning provider criteria, provider monitoring and reauthorization, interstate course reciprocity, other State Board responsibilities, responsibilities of and limitations on a school district, funding, and rules. Effective August 1, 2015.

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 1. Short title. This Act may be cited as the Course Choice in Education Act.

Section 5. Legislative declaration. The legislature finds and declares the following:

(1) It is in the public interest that all school children have access to the type and format of education that best meets the needs of the individual student, that each student has different needs that merit a variety of course choices on the individual student level, and that this State has the right, responsibility, duty, and obligation to accomplish the objective of a quality, individualized education for all children.

(2) Enrollment of children in course work offered by course providers is in compliance with the objectives of this State's compulsory attendance law; course providers make a significant educational and economic contribution towards meeting the goal of a quality, individualized education for every school child; and this State has recognized and encouraged that contribution through online education and blended learning models of learning.

(3) High quality, effective course providers exist in this State.

(4) Course providers can offer a quality, individualized education to students, and it is in the public interest to offer students the means of accessing the educational opportunities offered by course providers by providing students with the public funds allocated to them from local and State sources to enroll in such courses.

(5) Postsecondary educational institutions can serve as quality course providers for students who seek advanced level course work or technical or vocational instruction.

(6) Online or virtual course providers can serve as quality course providers for students who desire additional access to high quality courses, especially, but not limited to, students enrolled in low-performing public schools, students who, for reasons of geography, may not be able to exercise their right to educational choice, and students who may desire an alternative schooling schedule or calendar.

(7) Just as there is a rich diversity of students, there is a rich diversity of course models, ranging from online, to face to face, to blended learning. Students benefit from having access to a diverse catalog of options for how to best meet their unique academic needs.

(8) This State has a responsibility for maintaining a catalog of quality options for students.

Section 10. Definitions. In this Act:

"Eligible funded student" means any student who resides in this State and meets one of the following criteria:

(1) is attending a public school that is among the 10% lowest performing schools according to State test results under Section 2-3.64 of the School Code; or

(2) is attending a public school that does not offer the course in which the student desires to enroll, as determined by the State Board.

"Eligible participating student" means any student who resides in this State and meets one of the following criteria:

(1) was eligible to attend a public school in this State in the preceding semester or is starting school in this State for the first time; and

(2) is enrolled in a home study program approved by the State Board.

"Open format" means a format that is platform independent, machine readable, and made available to the public without restrictions that would impede the re-use of that information.

"Provider" means an entity that offers individual courses in person or online, including, but not limited to, online or virtual education providers, public or private elementary and secondary educational institutions, education service agencies, private or nonprofit providers, postsecondary educational institutions, and vocational or technical course providers, and has been authorized to provide such courses by the State Board of Education.

"State Board" shall mean the State Board of Education.

Section 15. State Course Choice Program; provider authorization process.

(a) The State Board shall establish the State Course Choice Program, a program in which the State Board shall maintain a catalog that provides a list of all courses authorized and available to students in this State. Under the program, the State Board shall:

(1) establish a submission and authorization process for providers occurring on a rolling basis;

(2) evaluate providers to be offered through the State Course Choice Program; the State Board may negotiate changes in the proposal to offer a course if the State Board determines that changes are necessary in order to authorize the course;

(3) not later than 90 calendar days after the initial submission date, authorize providers that:

(A) meet the criteria established under Section 20 of this Act; and

(B) provide courses that offer the minimum instructional rigor and scope required under Section 20 of this Act; and

(4) not later than 90 calendar days after the initial submission date, provide a detailed written explanation of any providers denied authorization.

(b) If the provider is denied authorization, the provider may resubmit under the provider authorization process under subsection (a) of this Section at any time.

(c) The State Board shall publish the process established under this Section, including any deadlines and any guidelines applicable to the submission and authorization process for providers.

(d) The State Board shall pay the reasonable costs of evaluating and authorizing providers. If funds available to the State Board for that purpose are insufficient to pay the costs of evaluating and authorizing all providers submitted for evaluation and authorization, the State Board shall give priority to paying the costs of evaluating and authorizing the following providers:

(1) providers offering courses that satisfy high school graduation requirements;

(2) providers offering courses that would likely benefit a student in obtaining admission to a postsecondary institution;

(3) providers offering courses, including dual credit courses, that allow a student to earn college credit or other advanced credit;

(4) providers offering courses in subject areas designated by the State Board as commonly experiencing a shortage of teachers; and

(5) providers offering courses in subject areas and grades designated by the State Board as high priority.

(e) If the State Board determines that the costs of evaluating and authorizing a provider will not be paid by the State Board due to a shortage of funds available for that purpose, the State Board may charge applicants a fee of no greater than the amount of the costs to ensure that evaluation and authorization occurs. The State Board shall establish and publish a fee schedule for purposes of this subsection (e).

Section 20. Provider criteria.

(a) A provider offering a course through the State Course Choice Program must:

(1) comply with all applicable antidiscrimination laws;

(2) demonstrate in each subject area and grade level prior evidence of delivering quality outcomes for students, as demonstrated by completion rates, student level growth, proficiency, and other quantifiable outcomes or rigorous evaluations;

(3) ensure instructional and curricular quality through a detailed curriculum and student performance accountability plan that aligns with and measures a student's attainment of student proficiency in achieving State academic standards;

(4) provide assurances that the course provider shall, to the best of its ability, collaborate and coordinate with the school district in which an eligible funded student or eligible participating student is enrolled full time; and

(5) commit to provide electronically to the participating student's school a detailed student record, including grades and performance information.

(b) A course offered by a provider must:

(1) be equivalent in instructional rigor and scope to a course that is provided in a traditional classroom setting;

(2) be aligned to State academic standards, industry standards, or Common Core State Standards; and

(3) possess an assessment component for determining student growth and proficiency.

(c) Additional criteria developed by the State Board may be used to evaluate providers, including requiring courses or providers to meet quality standards of the International Association for K-12 Online Learning, the Southern Regional Education Board, AdvancED, or another third party.

Section 25. Provider monitoring and reauthorization.

(a) The initial authorization of a course provider shall be for a period of 3 years.

(b) Providers must annually report the following:

(1) Student outcomes, growth measures, proficiency rates, completion rates for each subject area, and grade level.

(2) Student satisfaction rates and comments.

(c) After the second year of the initial authorization period, the State Board shall conduct a thorough review of the course provider's activities and the academic performance of the students enrolled in courses offered by the course provider in accordance with the school's and district's accountability system.

(d) If the performance of the students enrolled in courses offered by the course provider pursuant to the school's and district's accountability system does not meet performance standards set by the State Board, the course provider shall be placed on probation for one year and shall be required to submit a plan for improvement.

(e) After the initial 3-year authorization period, the State Board may reauthorize the course provider for additional periods of not less than 3 years after thorough review of the course provider's activities and the achievement of students enrolled in courses offered by the course provider.

(f) The State Board may exclude a course provided by an authorized provider at any time if the State Board determines that:

(1) the course is no longer adequately aligned with State academic standards;

(2) the course no longer provides a detailed and quality curriculum and accountability plan; or

(3) the course fails to deliver outcomes as measured by student outcomes and performance on State or nationally accepted assessments.

Section 30. Interstate course reciprocity.

(a) Not later than January 1, 2016, the State Board shall create a reciprocal course and course provider authorization process for students who reside in this State but seek to enroll in a course authorized in another state.

(b) The reciprocal course authorization process shall take into account providers or courses that:

(1) are of equivalent instructional rigor and scope to a course that is provided in a traditional classroom setting; and

(2) are authorized in another state through that state's provider or course authorization process if the criteria used are aligned to those established in Section 20 of this Act.

Section 35. Responsibilities of the State Board of Education.

(a) The State Board shall:

(1) publish the criteria required by Section 20 of this Act for courses that may be offered through the State Course Choice Program;

(2) using the criteria required by Section 20 of this Act, evaluate courses submitted by a provider that are to be offered through the catalog;

(3) create a list of courses authorized by the State Board;

(4) publish, in a prominent location on the State Course Choice Program's Internet website, which the State Board shall create and make available to the general public, the list of courses offered by authorized providers that are available through the State Course Choice Program and a detailed description of the courses;

(5) publish for the general public, in accordance with disclosure requirements adopted by the State Board by rule, include as part of the provider's application as a provider, and include in all contracts negotiated pursuant to this Section the following:

(A) information about the curriculum of each course;

(B) course policies and procedures;

(C) certification status of all administrative and instructional personnel;

(D) hours and times of availability of instructional personnel;

(E) student completion and promotion rates;

(F) student, educator, and school performance accountability outcomes;

(G) technology and broadband requirements; and

(H) the cost for participation; and

(6) establish and publish a timeframe or specific dates by which students are able to withdraw from a course provided through the State Course Choice Program without the student or the provider incurring a penalty.

The information required in clause (A) of subdivision (5) of this subsection (a) and underlying data shall be published online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.

The State Board may enter into an agreement with other states or organizations to create and operate one or more aspects of the catalog and State Course Choice Program.

(b) To ensure that a full range of courses, including Advanced Placement courses, are offered to students in this State, the State Board:

(1) shall create a list of those subjects and courses designated by the State Board as essential knowledge and skills or designated as content requirements;

(2) shall enter into agreements with school districts, charter schools, private or nonprofit providers, and public or private institutions of higher education for the purpose of offering the courses through the State Course Choice Program; and

(3) may develop, authorize the development of, or enter into contracts with other providers for the licensing, development, or purchasing of additional courses that:

(A) are needed to complete high school graduation requirements;

(B) are not otherwise available through the State Course Choice Program; and

(C) are needed to help students achieve State academic standards in grades kindergarten through 12.

(c) The State Board shall maintain on its official Internet website, in a prominent location, an informed choice report. The report must:

(1) be updated within 30 calendar days after additional provider authorizations;

(2) describe each course offered through the State Course Choice Program and include information such as course requirements and the school year calendar for the course, including any options for continued participation outside of the standard school year calendar;

(3) contain student and parental comments and feedback reporting requirements as detailed under Section 25 of this Act; and

(4) be published online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.

(d) The State Board shall submit an annual report on the State Course Choice Program and the participation of entities to the Governor, the chairperson and minority spokesperson of the Education Committee of the Senate, and the chairperson and minority spokesperson of the Elementary & Secondary Education Committee of the House of Representatives. The report shall, at a minimum, include all of the following information:

(1) The number of students participating in courses authorized under this Act.

(2) The number of authorized providers.

(3) The number of authorized courses.

(4) The number of courses available by subject and grade level.

(5) The number of students enrolled in courses by subject and grade level.

(6) Student outcome data, including completion rates, student learning gains, and student performance on State or nationally accepted assessments, by subject and grade level and by provider.

(e) The report required under subsection (d) of this Section and underlying data shall be published online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.

(f) The State Board shall create a process for common course numbering of all courses listed in the State Course Choice Program and for determining whether courses are in compliance with Section 20 of this Act. For courses offered by postsecondary educational institutions that are authorized course providers, the State Board shall consult with the Board of Higher Education.

Section 40. Responsibilities of and limitations on a school district.

(a) A school district shall:

(1) notify parents of the availability of course choice options in correspondence that is written in simple and accurate language that parents can understand;

(2) provide information by letter or e-mail to the student's home and by at least 2 other means, such as community flyers, newspaper postings, or another method;

(3) publish information and eligibility guidelines on the school district's Internet website; and

(4) submit eligibility policies to the State Course Choice Program.

(b) Each school district shall establish policies and procedures whereby for each eligible funded student the following shall apply:

(1) Credits earned through the course provider shall appear on the student's official transcript and count fully towards diploma requirements.

(2) State-mandated assessments shall be administered to each such student attending a public school.

(c) Each school district shall make available to all students the State Course Choice Program during the annual course enrollment process for that school district.

(d) No school district may actively discourage, intimidate, or threaten an eligible funded student or an eligible participating student during the course enrollment process for that school district or at any other time.

(e) The performance data of students who are enrolled in a course pursuant to this Act shall be counted in the school performance score for the school in which the student is enrolled full time. The performance data shall be reported to and published by the State Board for each course provider in an easy to understand format and on the State Board's Internet website.

(f) The State Board shall adopt rules necessary to implement this Section, including without limitation the requirements of school boards and school districts whose students enroll in courses offered by authorized course providers.

(g) Nothing in this Act may be construed to prevent a school entity from establishing its own online course or program in accordance with this Act.

Section 45. Funding.

(a) Per-course funding shall be determined as follows:

(1) The course provider shall receive a per-course amount for each eligible funded student of an amount equal to the market rate, as determined by the course provider and reported to the State Board, but no greater than one-sixth of 90% of the per pupil State aid funding amount each school year for the school district in which the eligible funded student resides. Any remaining funds, except those specified in subsection (2) of this subsection (a), for that student shall be divided evenly and returned to this State and to the school district in which the student resides. Transfers of course payments shall be made by the State Board on behalf of the responsible school district in which the student resides to the authorized course provider.

(2) For each student, an amount equal to 10% of the per pupil State aid funding amount shall remain with the school district in which the student is enrolled full time.

(3) The course provider shall receive payment only for the courses in which the student is enrolled. The remaining funds for each of these students, up to the maximum amount for the school district in which the participating student resides or actual tuition and fees, as applicable, shall remain with the participating school in which the student is enrolled.

(4) The State Board shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course.

(b) The course provider may charge tuition to any eligible participating student in an amount equal to the amount determined by the course provider and reported to the State Board.

The course provider shall accept the amount specified in subdivision (1) of subsection (a) of this Section as total tuition and fees for the eligible participating student.

(c) Funding shall be based upon student success, as follows:

(1) Fifty percent of the amount of tuition to be paid or transferred to the course provider shall be paid or transferred upon student enrollment in a course and 50% shall be paid or transferred upon course completion according to the published course length.

(2) If a student does not complete a course according to the published course length in which the course provider has received the first payment pursuant to subdivision (1) of this subsection (c), the provider shall receive 40% of the course amount, as defined in subdivision (1) of this subsection (c), only if the student completes the course and receives credit for the course prior to leaving school or graduating from high school. The remaining 10% shall remain with the school district in which an eligible funded student is enrolled full time.

Section 90. Rules. The State Board may adopt any rules necessary to implement and administer this Act.

Section 99. Effective date. This Act takes effect August 1, 2015.