99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1679

 

Introduced 2/20/2015, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
New Act
105 ILCS 5/27A-5

    Creates the Course Access Act. Provides that the State Course Access Catalog shall be developed for the State Board of Education and shall provide a listing of all courses authorized and available to students, detailed information about the courses, and the ability for students to submit their course enrollments. Specifies how an eligible participating student may enroll in State Course Access Program courses. Establishes an authorization process for course providers run by the State Board. Requires certain criteria for course providers. Provides that the Board shall establish a course review and approval process, implemented by itself or a designated entity. Allows for the initial authorization of the course provider and approved courses to be for a period of 3 years, with the providers reporting annually to the State Board. Permits the State Board to enter into a reciprocity agreement with other states for the purpose of authorizing and approving high quality providers and courses for the Program and the operation of the Catalog. Specifies the responsibilities of the State Board and the local school district. Provides per-course tuition and the payment of tuition to course providers based upon student success. Amends the Charter Schools Law of the School Code to make a corresponding change. Effective January 1, 2016.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Course
5Access Act.
 
6    Section 5. Definitions. In this Act:
7    "Course provider" means an entity authorized by the State
8Board to offer individual courses in person, online, or a
9combination of the 2, including, but not limited to, online
10education providers, public or private elementary and
11secondary education institutions, education service agencies,
12private for-profit or not-for-profit providers, postsecondary
13education institutions, and vocational or technical course
14providers.
15    "Eligible funded student" means any eligible participating
16student who is currently enrolled in a public school or charter
17school.
18    "Eligible participating student" means any student in
19kindergarten through grade 12 who resides in this State.
20    "Public school" means a public school or charter school.
21    "State Board" means the State Board of Education.
22    "State Course Access Catalog" means the website developed
23for the State Board of Education that provides a listing of all

 

 

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1courses authorized and available to students in this State,
2detailed information about the courses to inform student
3enrollment decisions, and the ability for students to submit
4their course enrollments. The data in this Catalog shall be
5published online in an open format that may be retrieved,
6downloaded, indexed, and searched by commonly used web search
7applications. An open format shall be platform-independent,
8machine-readable, and made available to the public without
9restrictions that may impede the reuse of that information. The
10data in the Catalog shall be owned by the State Board.
11    "State Course Access Program" means the Program created
12under this Act.
 
13    Section 10. Enrollment. An eligible participating student
14may enroll in State Course Access Program courses.
15    An eligible funded student may enroll in State Course
16Access Program courses only if the courses the eligible funded
17student wants to enroll in are not offered at the eligible
18funded student's school.
19    Eligible funded students, by exception, may seek
20enrollment in State Course Access Program courses that
21duplicate a course already offered at their public school if
22they can demonstrate to the State Board that they effectively
23have no access to the high-value course they seek to enroll in
24because it would interfere with their ability to take another
25high-value course or participate in a high-value activity.

 

 

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1    An eligible funded student may enroll in State Course
2Access Program courses that are funded by the Program up to the
3following levels, unless additional courses are approved by the
4school where they are enrolled:
5        (1) 2016-2017 school year: Students attending a public
6    school that choose to participate in the State Course
7    Access Program and entering the school year with credits
8    equal to the junior or senior level of high school may take
9    up to 2 courses per semester.
10        (2) 2017-2018 school year: Students entering the
11    school year with credits equal to the sophomore, junior, or
12    senior level of high school may take up to 2 courses per
13    semester.
14        (3) 2018-2019 school year: Students entering grades 9
15    through 12 may take up to 2 courses per semester.
16        (4) 2019-2020 school year: Students in grades 8 through
17    12 may take up to 2 courses per semester.
18        (5) 2021-2022 school year: Students in grades 7 through
19    12 may take up to 2 course per semester.
20        (6) 2022-2023 school year: Students in grades 6 through
21    12 may take up to 2 courses per semester.
22    The families of eligible funded students and other eligible
23participating students may pay to enroll in State Course Access
24Program courses above the levels specified under Section 50 of
25this Act.
26    Public and charter schools where eligible funded students

 

 

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1are enrolled in full-time may review enrollment requests to
2ensure courses are academically appropriate, logistically
3feasible, keep the student on track for an on-time graduation,
4and do not extend a student beyond a full-time course load. The
5public and charter schools may only reject enrollment requests
6for not doing so.
7    The public and charter schools must complete the review and
8denial process within 5 days of the student enrolling in the
9course.
10    Public and charter schools shall inform students and
11families at the time of denial of their right to appeal any
12enrollment denials in State Course Access Program courses to
13the State Board, which shall provide a final enrollment
14decision within 7 calendar days.
 
15    Section 15. Provider authorization process. The State
16Board shall:
17        (1) Establish an authorization process for course
18    providers that may include multiple opportunities for
19    submission each year.
20        (2) Not later than 90 calendar days from the initial
21    submission date, authorize course providers that:
22            (A) meet the criteria established under Section 20
23        of this Act; and
24            (B) provide courses that offer the instructional
25        rigor and scope required under Section 25 of this Act.

 

 

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1        (3) Not later than 90 calendar days from the initial
2    submission date, provide a written explanation to any
3    course providers that are denied. If a course provider is
4    denied authorization, the provider may apply again in the
5    future. If a course provider is denied authorization 3
6    times, the provider will no longer be able to apply.
7        (4) Publish the process established under Section 20 of
8    this Act, including any deadlines and any guidelines
9    applicable to the submission and authorization process for
10    providers.
11    If the State Board determines that there are insufficient
12funds available for evaluating and authorizing course
13providers, it may charge applicant providers a fee up to, but
14no greater than, the amount of the costs in order to ensure
15that evaluation occurs. The State Board shall establish and
16publish a fee schedule for purposes of this Section.
 
17    Section 20. Course provider criteria. To be authorized to
18offer a course through the State Course Access Program, a
19provider must:
20        (1) Comply with all applicable anti-discrimination
21    provisions and applicable State and federal student data
22    privacy provisions, including, but not limited to, the
23    federal Family Educational Rights and Privacy Act.
24        (2) Provide an assurance that all online information
25    and resources for online or blended courses are fully

 

 

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1    accessible for students of all abilities, including that:
2            (A) all of the courses submitted for approval are
3        reviewed to ensure they meet legal accessibility
4        standards;
5            (B) the provider has created and promulgated an
6        Accessibility Online Public and Charter Schools
7        Policy;
8            (C) the provider has designated a Section 504
9        Coordinator and a Grievance Policy, and issued annual
10        notifications;
11            (D) the provider has policies and activities to
12        ensure their organizational and course websites meet
13        accessibility requirements; and
14            (E) the provider has no gateway exam or test where
15        a specific score is required to participate in the
16        Program courses beyond completion of prerequisite
17        coursework or demonstrated mastery of prerequisite
18        material.
19        (3) Demonstrate either:
20            (A) prior evidence of delivering quality outcomes
21        for students, as demonstrated by completion rates,
22        student level growth, proficiency, or other
23        quantifiable outcomes; or
24            (B) for course providers applying to offer a
25        subject or grade level for the first time, provide a
26        detailed justification, in a manner determined by the

 

 

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1        State Board, of how their organization's subject
2        matter, instructional, and technical expertise will
3        allow public and charter schools to produce successful
4        outcomes for students.
5        (4) Ensure instructional and curricular quality
6    through a detailed curriculum and student performance
7    accountability plan that aligns with and measures student
8    attainment of relevant State academic standards or other
9    relevant standards in courses without State academic
10    standards.
11        (5) Provide assurances that the course provider shall
12    provide electronically, in a manner and format determined
13    by the State Board, a detailed student record of
14    enrollment, performance, completion, and grading
15    information with the school systems where eligible
16    participating students are enrolled full time.
17    Additional criteria developed by the State Board shall be
18used to evaluate providers, and may include International
19Association for K-12 Online Learning, National Standards for
20Quality Online Teaching, National Standards for Quality Online
21Courses, Southern Regional Education Board, AdvancED, or other
22nationally recognized third party quality standards.
 
23    Section 25. Course quality reviews. The State Board shall
24establish a course review and approval process. The process may
25be implemented by the State Board or by an entity designated by

 

 

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1the State Board.
2    In order to be approved and added to the State Course
3Access Catalog, a course must:
4        (1) Be one of the following types:
5            (A) a course that satisfies high school graduation
6        requirements;
7            (B) a course identified by the State Board as
8        necessary for college-readiness;
9            (C) an Advanced Placement or International
10        Baccalaureate course;
11            (D) a Civics course;
12            (E) a test prep or study skills course that local
13        educators believe are essential to student success,
14        especially among over-age students or students with
15        disabilities;
16            (F) a STEM course;
17            (G) a foreign language course;
18            (H) a dual credit course that allows students to
19        earn college credit or other advanced credit; or
20            (I) a vocational or technical course, including
21        apprenticeships and High School Career Exploration and
22        Readiness courses.
23        (2) Be, at a minimum, the equivalent in instructional
24    rigor and scope to a course that is provided in a
25    traditional classroom setting.
26        (3) Be aligned to relevant State academic standards or

 

 

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1    industry standards.
2        (4) Possess an assessment component for determining
3    student proficiency and student growth where applicable.
4        (5) Be designed and implemented consistently with
5    criteria established by the International Association for
6    K-12 Online Learning (INACOL) National Standards for
7    Quality Online Teaching and INACOL National Standards for
8    Quality Online Courses, the Southern Regional Education
9    Board, or AdvancED or with other nationally or
10    industry-recognized third party quality standards.
 
11    Section 30. Provider and course monitoring and
12reauthorization. The initial authorization of the course
13provider and approved courses shall be for a period of 3 years.
14Providers must annually report, in such a manner as directed by
15the State Board:
16        (1) student enrollment data;
17        (2) student outcomes, growth measures when available,
18    proficiency rates, and completion rates for each subject
19    area and grade level; and
20        (3) student and parental feedback on overall
21    satisfaction and quality.
22    After the second year of the initial authorization period,
23the State Board shall conduct a thorough review of the course
24provider's activities and the academic performance of the
25students enrolled in courses offered by the course provider.

 

 

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1    If the performance of the students enrolled in courses
2offered by the course provider does not meet agreed upon
3performance standards at any time, the course provider shall be
4placed on probation and shall be required to submit a plan for
5improvement. The State Board shall determine the terms of
6probation, including, but not limited to, the results the
7course provider must achieve to return to good standing. Course
8providers shall have a minimum of 60 days to achieve the
9results indicated in their terms of probation. The State Board
10shall, at its sole discretion, determine if the course provider
11has met the specified results required for the course provider
12to return to good standing. If a course provider fails to
13return to good standing within the timeframe cited in its terms
14of probation, the State Board may terminate its status as a
15course provider. Course providers terminated as a result of
16being put on probation may not reapply to become a course
17provider for 2 years from the time the State Board revoked its
18status.
19    After the initial 3-year authorization period, the State
20Board may reauthorize the course provider for additional
21periods of up to 5 years after thorough review of the course
22provider's activities and the achievement of students enrolled
23in courses offered by the course provider.
24     The State Board may exclude a course provided by an
25authorized provider at any time if the State Board determines
26that:

 

 

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1        (A) the course is no longer adequately aligned with the
2    State academic standards;
3        (B) the course no longer provides a detailed and
4    quality curriculum and accountability plan; or
5        (C) the course fails to deliver outcomes as measured by
6    course completion, proficiency, or student academic growth
7    on State or nationally accepted assessments.
 
8    Section 35. Interstate course reciprocity. The State Board
9may enter into a reciprocity agreement with other states for
10the purpose of authorizing and approving high quality providers
11and courses for the State Course Access Program and the
12operation of the State Course Access Catalog.
 
13    Section 40. Responsibilities of the State Board.
14    (a) The State Board shall:
15        (1) Publish the criteria required under Section 20 of
16    this Act for courses that may be offered through the State
17    Course Access Program.
18        (2) Be responsible for creating the State Course Access
19    Catalog.
20        (3) Publish a link to the Catalog in a prominent
21    location on the State Board's website, which includes a
22    listing of courses offered by authorized providers
23    available through the Program, a detailed description of
24    the courses, and any available student completion and

 

 

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1    outcome data.
2        (4) Establish and publish a timeframe or specific dates
3    by which students are able to withdraw from a course
4    provided through the Program without the student, public
5    and charter schools, or course provider incurring a
6    penalty.
7        (5) Maintain on its official website in a prominent
8    location an informed choice report. Each report under this
9    Section must:
10            (A) be updated within 30 calendar days of
11        additional provider authorizations;
12            (B) describe each course offered through the
13        Program and include information such as course
14        requirements and the school year calendar for the
15        course, including any options for continued
16        participation outside of the standard school year
17        calendar;
18            (C) include student and parental comments and
19        feedback as detailed under Section 35 of this Act; and
20            (D) be published online in an open format that can
21        be retrieved, downloaded, indexed, and searched by
22        commonly used web search applications. An open format
23        is one that is platform-independent, machine-readable,
24        and made available to the public without restrictions
25        that would impede the reuse of that information.
26    (b) The State Board shall submit an annual report on the

 

 

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1Program and the participation of entities to the Governor, the
2Chairperson and Minority Spokesperson of the Education
3Committee of the Senate, and the Chairperson and Minority
4Spokesperson of the Elementary and Secondary Education
5Committee of the House of Representatives. The report shall at
6a minimum include the following information:
7        (1) The annual number of students participating in
8    courses authorized under this Act and the total number of
9    courses students are enrolled in.
10        (2) The number of authorized providers.
11        (3) The number of authorized courses and the number of
12    students enrolled in each course.
13        (4) The number of courses available by subject.
14        (5) The number of students enrolled in courses by
15    subject.
16        (6) Student outcome data, including completion rates,
17    student learning gains, student performance on State or
18    nationally accepted assessments, by subject and grade
19    level by provider. This outcome data should be published in
20    a manner that protects student privacy.
21    The State Board shall note any data that are not yet
22available at the time of publication and when these data will
23become available and include these data in future reports.
24    The report and underlying data shall be published online in
25an open format that can be retrieved, downloaded, indexed, and
26searched by commonly used web search applications. An open

 

 

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1format is one that is platform-independent, machine-readable,
2and made available to the public without restrictions that
3would impede the reuse of that information.
 
4    Section 45. Responsibilities of the local school district.
5    (a) A public school shall:
6        (1) State, in writing to the State Board, whether it
7    wants to participate in the Course Access Program during
8    the 2016-2017 school year.
9        (2) Provide information by letter or email to students
10    and parents at home and by at least 2 other means, such as
11    community flyers, newspaper postings, student report
12    cards, or other methods.
13        (3) Publish information and eligibility guidelines on
14    the school and school district's web sites.
15    (b) Each local school system shall establish policies and
16procedures whereby, for each eligible participating student,
17the following shall apply:
18        (1) Credits earned through the course provider shall
19    appear on each student's official transcript and count
20    fully toward the requirements of any approved Illinois
21    diploma.
22        (2) The performance data of eligible funded students
23    who are enrolled in a State Course Access course shall be
24    counted in the school performance score for the school in
25    which the student is enrolled full time.

 

 

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1    (c) The State Board shall adopt rules necessary to
2implement this Section, including, but not limited to, the
3requirements of school governing authorities or local school
4systems whose students enroll in courses offered by authorized
5course providers.
6    (d) Nothing in this Act shall be construed to prevent a
7school entity from establishing its own online course or
8program in accordance with this Act.
 
9    Section 50. Funding.
10    (a) Per-course tuition shall be determined as follows:
11        (1) The course provider shall receive per-course
12    tuition for each eligible funded student at a fair and
13    reasonable rate negotiated by the State Board and the
14    course provider that is inclusive of all required course
15    materials and transportation expenses. Transfers of course
16    payments shall be made by the State Board on behalf of the
17    responsible school district in which the student resides to
18    the authorized course provider.
19        (2) The course provider shall receive payment from the
20    State Board only for the courses in which an eligible
21    funded student is enrolled. The remaining funds for each
22    student shall remain with the local school system in which
23    the student is enrolled full-time.
24        (3) The course provider shall accept the amount
25    specified in this Section as total tuition and fees for the

 

 

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1    eligible funded student.
2        (4) The course provider may charge tuition to any other
3    eligible participating student up to an amount determined
4    by the course provider and State Board.
5    (b) Payment of tuition to course providers shall be based
6upon student success and made as follows:
7        (1) Fifty percent of the amount of tuition to be paid
8    or transferred to the course provider shall be transferred
9    upon student enrollment in a course, and 50% shall be
10    dependent upon student success in the course.
11        (2) Student success may, in the 2016-2017 school year,
12    be measured based on course completion, but the State Board
13    may create new measures of student success by the 2017-2018
14    school year for use in courses where externally validated
15    measures are available. These measures of student
16    outcomes, based on either proficiency or growth, shall
17    include results from independent end-of-course exams,
18    Advanced Placement exams, International Baccalaureate
19    exams, receipt of industry-recognized credentials, receipt
20    of credit from institutions of higher education, or other
21    externally validated measures.
22        (3) Partial payments for delayed completions shall be
23    determined as follows: If a student does not successfully
24    complete a course according to the published course length
25    in which the course provider has received the first payment
26    pursuant to this Section, the provider shall receive 75% of

 

 

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1    the tuition that is dependent upon student success, as
2    defined in under Section 30 of this Act, only if the
3    student completes and receives credit for the course within
4    one additional semester.
 
5    Section 900. The School Code is amended by changing Section
627A-5 as follows:
 
7    (105 ILCS 5/27A-5)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status. Beginning
17on the effective date of this amendatory Act of the 93rd
18General Assembly, in all new applications to establish a
19charter school in a city having a population exceeding 500,000,
20operation of the charter school shall be limited to one campus.
21The changes made to this Section by this amendatory Act of the
2293rd General Assembly do not apply to charter schools existing
23or approved on or before the effective date of this amendatory
24Act.

 

 

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1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act.
26    (d) A charter school shall comply with all applicable

 

 

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1health and safety requirements applicable to public schools
2under the laws of the State of Illinois.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article; the Illinois Educational Labor Relations Act; all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English language learners, referred to in this Code as
26"children of limited English-speaking ability"; and its

 

 

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1charter. A charter school is exempt from all other State laws
2and regulations in this Code governing public schools and local
3school board policies; however a charter school is not exempt
4from , except the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
6    criminal history records checks and checks of the Statewide
7    Sex Offender Database and Statewide Murderer and Violent
8    Offender Against Youth Database of applicants for
9    employment;
10        (2) Sections 24-24 and 34-84A of this Code regarding
11    discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school report
20    cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22    and
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention; .
25        (10) (9) Section 2-3.162 2-3.160 of this the School
26    Code regarding student discipline reporting; and .

 

 

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1        (11) The Course Access Act.
2    The change made by Public Act 96-104 to this subsection (g)
3is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required to
13perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after the
15effective date of this amendatory Act of the 93rd General
16Assembly and that operates in a city having a population
17exceeding 500,000 may not contract with a for-profit entity to
18manage or operate the school during the period that commences
19on the effective date of this amendatory Act of the 93rd
20General Assembly and concludes at the end of the 2004-2005
21school year. Except as provided in subsection (i) of this
22Section, a school district may charge a charter school
23reasonable rent for the use of the district's buildings,
24grounds, and facilities. Any services for which a charter
25school contracts with a school district shall be provided by
26the district at cost. Any services for which a charter school

 

 

SB1679- 22 -LRB099 08002 SXM 28142 b

1contracts with a local school board or with the governing body
2of a State college or university or public community college
3shall be provided by the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be subject
11to negotiation between the charter school and the local school
12board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age or
14grade level.
15    (k) If the charter school is approved by the Commission,
16then the Commission charter school is its own local education
17agency.
18(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
1997-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
2098-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
211-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
2210-14-14.)
 
23    Section 999. Effective date. This Act takes effect January
241, 2016.