HB3584 97TH GENERAL ASSEMBLY

LRB097 10969 RPM 51591 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3584

Introduced 2/24/2011, by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

New Act

Creates the Pilot Project Scholarship Program Act. Provides that the State Board of Education shall establish a pilot project scholarship program and shall include in the program any school districts that are or have ever been under federal court order requiring supervision and operational management of the district by the State Board of Education. Provides that the Program shall provide for a number of students residing in any such district to receive scholarships to attend alternative schools, and for an equal number of students to receive tutorial assistance grants while attending public school in any such district. Contains provisions concerning registering schools, priorities for admission of students, implementation of the Program, and payment of scholarships or grants.

FISCAL NOTE ACT MAY APPLY

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 Pilot Project Scholarship Program Act.

Section 5. Definitions. As used in this Act:

"Alternative school" means a registered private school located in a school district or a public school located in an adjacent school district.

"Individualized education program" and "child with a disability" have the same meanings as in Article 14 of the School Code.

"Low-income family" means a family whose income is below the level that the State Board of Education shall establish.

"Mainstreamed student with a disability" means a child with a disability who has an individualized education program providing for the student to spend more than half of each school day in a regular school setting with nondisabled students.

"Registered private school" means a school registered with the State Board of Education pursuant to Section 2-3.25 of the School Code.

"Separately educated student with a disability" means a child with a disability who has an individualized education program providing for the student to spend at least half of each school day in a class or setting separated from nondisabled students.

"Tutorial assistance" means instructional services provided to a student outside of regular school hours.

"Program school district" or "district" means any school district included in the Pilot Project Scholarship Program pursuant to this Act.

Section 10. Pilot Project Scholarship Program. The State Board of Education shall establish a pilot project scholarship program and shall include in such program any school districts that are or have ever been under federal court order requiring supervision and operational management of the district by the State Board of Education. The Program shall provide for a number of students residing in any such district to receive scholarships to attend alternative schools, and for an equal number of students to receive tutorial assistance grants while attending public school in any such district.

The State Board of Education shall establish an application process and deadline for accepting applications from students residing in the district to participate in the Program. In the initial year of the Program students may only use a scholarship to attend school in grades kindergarten through 3. The State Board of Education shall award as many scholarships and tutorial assistance grants as can be funded given the amount appropriated for the Program. In no case, however, shall more than 50% of all scholarships awarded be used by students who were enrolled in a nonpublic school during the school year of application for a scholarship.

The Program shall continue in effect each year that the General Assembly has appropriated sufficient money to fund scholarships and tutorial assistance grants. In each year the Program continues, no new students may receive scholarships unless they are enrolled in grades kindergarten through 8. However, any student who has received a scholarship the preceding year may continue to receive one until the student has completed grade 10.

If the General Assembly discontinues the Program, all students who are attending an alternative school under the Program shall be entitled to continued admittance to that specific school through all grades that are provided in such school, under the same conditions as when they were participating in the Program. The State Board of Education shall continue to make scholarship payments for students who remain enrolled in an alternative school under this Section in any year that funds have been appropriated for this purpose. If funds are not appropriated, the tuition charged to the parents of a student who remains enrolled in an alternative school under this Section shall not be increased beyond the amount equal to the amount of the scholarship plus any additional amount charged that student's parent in the most recent year of attendance as a participant in the Program, except that tuition for all the students enrolled in such school may be increased by the same percentage.

If the school district experiences a decrease in enrollment due to participation in a State-sponsored scholarship program, the district board of education may enter into an agreement with any teacher it employs to provide to that teacher severance pay or early retirement incentives, or both, if the teacher agrees to terminate the employment contract with the district board, provided any collective bargaining agreement in force does not prohibit such an agreement for termination of a teacher's employment contract.

Section 15. Registering school. No private school may receive scholarship payments from parents pursuant to Section 30 of this Act until the chief administrator of the private school registers the school with the State Board of Education. The State Board of Education shall register any school that meets the following requirements:

(1) The school is located within the boundaries of the school district.

(2) The school indicates in writing its commitment to follow all requirements for a State-sponsored scholarship program, including, but not limited to, the requirements for admitting students.

(3) The school meets all State minimum standards for chartered nonpublic schools.

(4) The school does not discriminate on the basis of race, religion, or ethnic background.

(5) The school enrolls a minimum of 10 students per class or a sum of at least 25 students in all the classes offered.

(6) The school does not advocate or foster unlawful behavior or teach hatred of any person or group on the basis of race, ethnicity, national origin, or religion.

(7) The school does not provide false or misleading information about the school to parents, students, or the general public.

(8) For students in grades kindergarten through 8, the school agrees not to charge any tuition to low-income families receiving 90% of the scholarship amount through the scholarship program, pursuant to subsection (a) of Section 25 of this Act, in excess of 10% of the scholarship amount established pursuant to subsection (e) of Section 25 of this Act, excluding any increase described in subsection (f) of that Section. The school shall permit any such tuition, at the discretion of the parent, to be satisfied by the low-income family's provision of in-kind contributions or services.

(9) For students in grades kindergarten through 8, the school agrees not to charge any tuition to low-income families receiving a 75% scholarship amount through the Program, pursuant to subsection (a) of Section 25 of this Act, in excess of the difference between the actual tuition charge of the school and 75% of the scholarship amount established pursuant to subsection (e) of Section 25, excluding any increase described in subsection (f) of that Section. The school shall permit such tuition, at the discretion of the parent, to be satisfied by the low-income family's provision of in-kind contributions or services.

(10) The school agrees not to charge any tuition to families of students in grades 9 through 12 receiving a scholarship in excess of the actual tuition charge of the school less 75% or 90% of the scholarship amount established pursuant to subsection (e) of Section 25, as applicable, excluding any increase described in subsection (f) of that Section.

The State Board of Education shall revoke the registration of any school if, after a hearing, the State Board of Education determines that the school is in violation of any of the provisions of subsection (a) of this Section.

Any public school located in a school district adjacent to the Program district may receive scholarship payments on behalf of parents if the State Board of Education of the district in which such public school is located notifies the State Board of Education prior to the first day of March that the district intends to admit students from the Program district for the ensuing school year.

Any parent wishing to purchase tutorial assistance from any person or governmental entity pursuant to the Program shall apply to the State Board of Education. The State Board of Education shall approve providers who appear to possess the capability of furnishing the instructional services they are offering to provide.

Section 20. Priorities of admission of students.

(a) Each registered private school shall admit students to kindergarten and first, second, and third grades in accordance with the following priorities.

(1) Students who were enrolled in the school during the preceding year.

(2) Siblings of students enrolled in the school during the preceding year, at the discretion of the school.

(3) Children from low-income families attending school or residing in the school district in which the school is located until the number of such students in each grade equals the number that constituted 20% of the total number of students enrolled in the school during the preceding year in such grade. Admission of such 20% shall be by lot from among all low-income family applicants who apply prior to the 15th day of February prior to admission.

(4) All other applicants residing anywhere, provided that all remaining available spaces shall be filled from among such applicants by lot. Children from low-income families not selected by lot under paragraph (3) of this subsection (a) shall be included in the lottery of all remaining applicants pursuant to this paragraph (4).

(b) Each registered private school shall first admit to grades 4 through 12 students who were enrolled in the school during the preceding year. Any remaining spaces for students in these grades may be filled as determined by the school.

(c) Notwithstanding subsections (a) and (b) of this Section, except where otherwise prohibited by federal law, a registered private school may elect to admit students of only one gender and may deny admission to any separately educated student with a disability.

(d) If a scholarship student who has been accepted in accordance with this Section fails to enroll in the school for any reason or withdraws from the school during the school year for any reason, the school may elect to replace such student with another scholarship student only by first offering the admission to any low-income scholarship students who filed applications by the preceding 15th day of February and who were not accepted at that time due to space limitations.

Section 25. Implementation of Program.

(a) Annually by the first day of November, the State Board of Education shall notify the Program school district of the number of initial scholarships that the State Board of Education will be awarding in each of grades kindergarten through 8.

The State Board of Education shall provide information about the Program to all students residing in the district, shall accept applications from any such students until such date as shall be established by the State Board of Education as a deadline for applications, and shall establish criteria for the selection of students to receive scholarships from among all those applying prior to the deadline, which criteria shall give preference to students from low-income families. For each student selected, the State Board of Education shall also determine whether the student qualifies for 75% or 90% of the scholarship amount. Students whose family income is at or above 200% of the maximum income level established by the State Board of Education for low-income families shall qualify for 75% of the scholarship amount and students whose family income is below 200% of that maximum income level shall qualify for 90% of the scholarship amount. The State Board of Education shall notify students of their selection prior to the 15th day of January and whether they qualify for 75% or 90% of the scholarship amount.

(b) A student receiving a scholarship may utilize it at an alternative public school by notifying the district superintendent, at any time before the beginning of the school year, of the name of the public school in an adjacent school district to which the student has been accepted.

(c) A student may decide to utilize a scholarship at a registered private school in the district if all of the following conditions are met:

(1) By the 15th day of February of the preceding school year, or at any time prior to the start of the school year, the parent makes an application on behalf of the student to a registered private school.

(2) The registered private school notifies the parent and the State Board of Education that the student has been admitted:

(A) by the 15th day of March of the preceding school year if the student filed an application by the 15th day of February and was admitted by the school pursuant to subsection (a) of Section 20 of this Act; or

(B) within one week after the decision to admit the student if the student is admitted.

(3) The student actually enrolls in the registered private school to which the student was first admitted or in another registered private school in the district or in a public school in an adjacent school district.

(d) The State Board of Education shall also award in any school year tutorial assistance grants to a number of students equal to the number of students who receive scholarships under subsection (a) of this Section. Tutorial assistance grants shall be awarded solely to students who are enrolled in the public schools of the district in a grade level covered by the Program. Tutorial assistance grants may be used solely to obtain tutorial assistance from an approved provider.

All students wishing to obtain tutorial assistance grants shall make application to the State Board of Education by the first day of the school year in which the assistance will be used. The State Board of Education shall award assistance grants in accordance with criteria the State Board of Education shall establish. For each student awarded a grant, the State Board of Education shall also determine whether the student qualifies for 75% or 90% of the grant amount and so notify the student. Students whose family income is at or above 200% of the maximum income level established by the State Board of Education for low-income families shall qualify for 75% of the grant amount and students whose family income is below 200% of that maximum income level shall qualify for 90% of the grant amount.

(e) In the case of basic scholarships for students in grades kindergarten through 8, the scholarship amount shall not exceed the lesser of the tuition charges of the alternative school the scholarship recipient attends or $3,450.

In the case of basic scholarships for students in grades 9 through 12, the scholarship amount shall not exceed the lesser of the tuition charges of the alternative school the scholarship recipient attends or $3,450.

(f) The State Board of Education shall provide for an increase in the basic scholarship amount in the case of any student who is a mainstreamed student with a disability and shall further increase such amount in the case of any separately-educated student with a disability. Such increases shall take into account the instruction, related services, and transportation costs of educating such students.

(g) In the case of tutorial assistance grants, the grant amount shall not exceed the lesser of the provider's actual charges for such assistance or $400.

(h) No scholarship or tutorial assistance grant shall be awarded unless the State Board of Education determines that 25% or 10%, as applicable, of the amount specified for such scholarship or grant pursuant to subsection (e), (f), or (g) of this Section will be furnished by a political subdivision, a private nonprofit or for-profit entity, or another person. Only 75% or 90% of such amounts, as applicable, shall be paid from State funds pursuant to Section 30 of this Act.

(i) Annually by the 1st day of November, the State Board of Education shall estimate the maximum per-pupil scholarship amounts for the ensuing school year. The State Board of Education shall make this estimate available to the general public at the offices of the district board of education together with the forms required by this Section.

(j) Annually by the 15th day of January, the chief administrator of each registered private school located in the district and the principal of each public school in such district shall complete a parental information form and forward it to the president of the board of education. The parental information form shall be prescribed by the State Board of Education and shall provide information about the grade levels offered, the numbers of students, tuition amounts, achievement test results, and any sectarian or other organizational affiliations.

(k) Any document relative to the Program that the State Board of Education holds in its files that contains a student's name or other personally identifiable information shall not be a public record.

(l) The State Board of Education annually shall compile the scores attained by scholarship students enrolled in registered private schools on the assessments administered to the students. The scores shall be aggregated as follows:

(1) By school district, which shall include all scholarship students residing in the Program school district who are enrolled in a registered private school and were required to take an assessment; or

(2) By registered private school, which shall include all scholarship students enrolled in that school who were required to take an assessment.

(m) The State Board of Education shall disaggregate the student performance data described in subsection (l) of this Section according to the following categories:

(1) age;

(2) race and ethnicity;

(3) gender;

(4) students who have participated in the scholarship program for 3 or more years;

(5) students who have participated in the scholarship program for more than one year and less than 3 years;

(6) students who have participated in the scholarship program for one year or less; and

(7) economically disadvantaged students.

(n) The State Board of Education shall post the student performance data required under subsections (l) and (m) of this Section on its web site and shall include that data in the information about the scholarship program provided to students under subsection (a) of this Section. In reporting student performance data under this Section, the State Board of Education shall not include any data that is statistically unreliable or that could result in the identification of individual students. For this purpose, the State Board of Education shall not report performance data for any group that contains less than 10 students.

(o) The State Board of Education shall provide the parent of each scholarship student enrolled in a registered private school with information comparing the student's performance on the assessments with the average performance of similar students enrolled in the building operated by the Program school district that the scholarship student would otherwise attend. In calculating the performance of similar students, the State Board of Education shall consider age, grade, race and ethnicity, gender, and socioeconomic status.

Section 30. Payment of scholarships or grants.

(a) Each scholarship to be used for payments to a registered private school is payable to the parents of the student entitled to the scholarship. Each scholarship to be used for payments to a public school in an adjacent school district is payable to the school district of attendance by the superintendent of public instruction. Each grant to be used for payments to an approved tutorial assistance provider is payable to the approved tutorial assistance provider. The amount of each scholarship shall be deducted from the student's originating school district's general State aid payment by the State Board of Education.

(b) By the 15th day of each month of the school year that any scholarship students are enrolled in a registered private school, the chief administrator of that school shall notify the State Board of Education of:

(1) the number of students who were reported to the school district as having been admitted by that private school and who were still enrolled in the private school as of the first day of such month, and the numbers of such students who qualify for 75% and 90% of the scholarship amount; and

(2) the number of students who were reported to the school district as having been admitted by another private school and since the date of admission have transferred to the school providing the notification under subsection (a) of this Section, and the numbers of such students who qualify for 75% and 90% of the scholarship amount.

(c) From time to time, the State Board of Education shall make a payment to the parent of each student entitled to a scholarship. Each payment shall include for each student reported under subsection (b) of this Section, a portion of 75% or 90%, as applicable, of the scholarship amount specified in subsections (e) and (f) of Section 25 of this Act. This amount shall be proportionately reduced in the case of any such student who is not enrolled in a registered private school for the entire school year.

(d) The first payment under subsection (c) shall be made by the last day of November and shall equal one-third of 75% or 90%, as applicable, of the estimated total amount that will be due to the parent for the school year pursuant to subsection (c) of this Section.

(e) The State Board of Education, on behalf of the parents of a scholarship student enrolled in a public school in an adjacent school district, shall make the tuition required to the school district admitting the student, except that the total payments in any school year shall not exceed 75% or 90%, as applicable, of the scholarship amount.

(f) Whenever an approved provider provides tutorial assistance to a student, the State Board of Education shall pay the approved provider for such costs upon receipt of a statement specifying the services provided and the costs of the services, which statement shall be signed by the provider and verified by the chief administrator having supervisory control over the tutoring site. The total payments to any approved provider under this subsection (f) for all provider services to any individual student in any school year shall not exceed 75% or 90%, as applicable, of the grant amount.