HB5020eng 103RD GENERAL ASSEMBLY

HB5020 Engrossed LRB103 36165 RJT 66257 b

AN ACT concerning education.

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

Section 5. The Dual Credit Quality Act is amended by changing Sections 5, 10, 15, 16, 17, 19, 20, and 25 and by adding Sections 16.10, 37, and 45 as follows:

(110 ILCS 27/5)

Sec. 5. Definitions. In this Act:

"Dual credit course" means a college course taken by a high school student for credit at both the college and high school level.

"Fully qualified instructor" means an instructor who meets the academic credentials described in subparagraph (A) of paragraph (1) of Section 20 or a career and technical education instructor who meets the equivalent experience that is commensurate with achievement of academic credentials, as described by the Dual Credit Instructor Qualification Framework in paragraph (b) of Section 45.

"Minimally qualified instructor" means an instructor who meets the credentials described in paragraph (2), (2.5), or (3) of Section 20.

"Postsecondary institution" "Institution" means an "institution of higher learning" as defined in the Higher Education Student Assistance Act.

"Priority career pathway course" means a career-focused course that has been identified by a school district, after consultation with a community college district, in its submission to the State Board of Education as an early college credit course within a career-focused instructional sequence as part of a College and Career Pathway Endorsement system under the Postsecondary and Workforce Readiness Act.

(Source: P.A. 96-194, eff. 1-1-10.)

(110 ILCS 27/10)

Sec. 10. Purpose. The purpose of this Act is to accomplish all of the following:

(1) To reduce college costs.

(2) To speed time to degree completion.

(3) To improve the curriculum for high school students and the alignment of the curriculum with college and workplace expectations.

(4) To facilitate the transition between high school and college.

(5) To enhance communication and collaboration between high schools and colleges that leads to the establishment of thriving local partnerships that seek to expand students' opportunities.

(6) To offer opportunities for improving degree attainment for underserved student populations.

(7) To increase equitable access to high-quality programs, provide meaningful educational opportunities that support student success, and ensure dual credit is used as a strategic tool for closing opportunity gaps.

(Source: P.A. 96-194, eff. 1-1-10.)

(110 ILCS 27/15)

Sec. 15. Student academic standing. Postsecondary institutions Institutions may adopt policies to protect the academic standing of students who are not successful in dual credit courses, including, but not limited to, options for (i) late withdrawal from a course, or (ii) taking the course on a pass-fail basis, or both. All institutional policies relating to the academic standing of students enrolled in dual credit courses or the transfer of credit for dual credit courses must be made publicly available by the postsecondary institution and provided to each student enrolled in dual credit courses offered by that postsecondary institution.

(Source: P.A. 100-1049, eff. 1-1-19.)

(110 ILCS 27/16)

Sec. 16. High school and community college partnership agreements; dual credit. A community college district shall, upon the request of a school district within the jurisdiction of the community college district, enter into a partnership agreement with the school district to offer dual credit coursework. The school district and community college district must each designate a liaison and begin negotiations to reach a partnership agreement no later than 60 calendar days after the initial request.

A school district may offer any course identified in the Illinois Articulation Initiative General Education Core Curriculum package under the Illinois Articulation Initiative Act or any priority career pathway course aligned with current course offerings at the partnering postsecondary institution as a dual credit course on the campus of a high school of the school district and may use a high school instructor who has met the academic credential requirements under this Act to teach the dual credit course.

The partnership agreement shall include all of the following:

(1) The establishment of the school district's and the community college district's respective roles and responsibilities in providing the program and ensuring the quality and instructional rigor of the program. This must include an assurance that the community college district has appropriate academic control of the curriculum, consistent with any State or federal law and as required or negotiated with the Higher Learning Commission or other applicable accrediting agency.

(2) The dual credit courses that the school district will offer its students and whether those courses will be offered on the high school or community college campus or through an online platform established by the Illinois Community College Board.

(3) The establishment of academic criteria for granting eligibility for high school students to enroll in dual credit coursework. The academic criteria shall be evidence-based and shall include multiple appropriate measures to determine whether a student is prepared for any dual credit coursework in which the student enrolls. Multiple appropriate measures may include, but are not limited to, placement measures under the Developmental Education Reform Act. The school district and community college district shall use the Illinois Community College Board's placement framework, under the Developmental Education Reform Act, to determine the appropriate cutoff score if using grade point average or assessment scores to determine eligibility criteria, unless both the school district and community college district jointly agree to accept a lower score on individual placement methods in combination with other placement methods. The partnership agreement shall require a communications plan for notifying students, parents, and high school staff of the multiple appropriate measures criteria and shall require the school district to clearly designate dual credit courses in course catalogs and curriculum guides. Any changes to academic criteria shall be communicated to the partnering high school not less than 60 days before any course registration deadline.

(4) The establishment of any limitations that the school district or community college district may put on course offerings due to availability of instructors, the availability of students for specific course offerings, or local board policy.

(5) The requirement that the dual credit instructor meet the academic credential requirements to teach a dual credit course, consistent with paragraphs (1), (2), (2.5), and (3) of Section 20 of this Act, but shall not be required to exceed those credentials.

(6) The collaborative process and criteria by which the school district shall identify and recommend and the community college district shall review and approve high school instructors of dual credit courses taught on the campus of a high school. This provision shall require that the school district be responsible for hiring and compensating the instructor.

(7) The requirement that a community college district take the appropriate steps to ensure that dual credit courses are equivalent to those courses offered at the community college in quality and rigor to qualify for college credit. The dual credit programs shall encompass the following characteristics:

(A) Student learning outcomes expected for dual credit courses in General Education Core Curriculum courses and the professional and career and technical disciplines shall be the same as the student learning outcomes expected for the same courses taught on the postsecondary campus.

(B) Course content, course delivery, and course rigor shall be evaluated by the community college chief academic officer or his or her designee, in consultation with the school district's superintendent or his or her designee. The evaluation shall be conducted in a manner that is consistent with the community college district's review and evaluation policy and procedures for on-campus adjunct faculty, including visits to the secondary class. This evaluation shall be limited to the course and the ability of the instructor to deliver quality, rigorous college credit coursework. This evaluation shall not impact the instructor's performance evaluation under Article 24A of the School Code. This evaluation shall be completed within the same school year that the course is taught.

(C) The academic supports and, if applicable, guidance that will be provided to students participating in the program by the high school and the community college district.

(8) Identify all fees and costs to be assessed by the community college district for dual credit courses. This provision shall require that any fees and costs assessed for dual credit courses shall be reasonable and promote student access to those courses, and may take into account regional considerations and differences. The community college district shall utilize revenue received by the school district for the coordination and administration of the partnership agreement and the delivery and administration of dual credit courses.

(8.5) The collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course. Through this process and criteria, the student shall have access to the supplementary aids and accommodations included in the student's individualized education program under Article 14 of the School Code or Section 504 plan under the federal Rehabilitation Act of 1973 while the student is accessing a dual credit course on a high school campus taught by a high school instructor, in accordance with established practices at the high school for providing these services. A student who accesses a dual credit course on a community college campus shall have access to supplementary aids and accommodations provided in the partnership agreement, including access to the community college's disability services. A school district and community college district shall work together to provide seamless communication about the student's progress.

(9) The community college district shall establish a mechanism for evaluating and documenting on a regular basis the performance of students who complete dual credit courses, consistent with paragraph (9) of Section 20 and Section 30 of this Act, and for sharing that data in a meaningful and timely manner with the school district. This evaluation shall be limited to the course and the coursework. This evaluation shall not impact the instructor's performance evaluation under Article 24A of the School Code.

(10) The expectations for maintaining the rigor of dual credit courses that are taught at the high school and including students not deemed ready for college-level coursework according to the standards of the community college.

(11) A requirement that the school district and community college annually assess disaggregated data pertaining to dual credit course enrollments, completions, and subsequent postsecondary enrollment and performance to the extent feasible. If applicable, this assessment shall include an analysis of dual credit courses with credit sections for dual credit and for high school credit only pursuant to subsection (a) of Section 16.5 that reviews student characteristics by credit section in relation to gender, race and ethnicity, and low-income status.

(12) For courses taught by a high school instructor at the high school, the school district may use its policies to determine maximum class enrollment, student technology access and usage, and student accommodations, provided these policies do not interfere with rigorous student learning outcomes. In coordination with the postsecondary institution partner, a school district may determine course length and the number of sections an individual instructor may teach to ensure maximum access for all students in the school district while maintaining rigorous student learning outcomes. If the school district weights Advanced Placement or International Baccalaureate courses, dual credit courses may receive the same weight as Advanced Placement or International Baccalaureate courses.

A community college district with an established partnership agreement with a school district has 30 calendar days from the initial course request to notify the school district of its disapproval of the course request, instructor, course documentation, or the community college district's withdrawal of course or instructor approval. Thereafter, the school district shall appeal the denial or withdrawal of the instructor approval to the Illinois Community College Board within 14 calendar days after the disapproval notice. The Illinois Community College Board shall render a decision within 45 calendar days after filing and provide notice of its decision to the community college district and school district. If the community college district disapproves a course request for reasons other than instructor qualifications or the Illinois Community College Board upholds the community college district's decision, the school district may pursue an alternative postsecondary institution to provide that course and must notify the community college district within 14 calendar days after the disapproval notice or Illinois Community College Board denial of its intent to do so, along with the reason for seeking an alternative provider. Thereafter, the community college district may not object to or seek to limit the school district's ability to contract with another community college district or postsecondary institution to offer that course. However, an alternative postsecondary institution may not be operating as a for-profit postsecondary institution. The community college district may reevaluate the course request, instructor, or course documentation disapproval annually following the disapproval notice to approve the course as originally proposed by the school district.

If, within 180 calendar days of the school district's initial request to enter into a partnership agreement with the community college district, the school district and the community college district do not reach agreement on the partnership agreement, then the school district and community college district shall jointly implement the provisions of the Model Partnership Agreement established under Section 19 of this Act for which local agreement could not be reached. A community college district may combine its negotiations with multiple school districts to establish one multi-district partnership agreement or may negotiate individual partnership agreements at its discretion.

(Source: P.A. 102-516, eff. 8-20-21; 102-1077, eff. 1-1-23.)

(110 ILCS 27/16.10 new)

Sec. 16.10. School district and postsecondary institution partnership agreement; dual credit. Prior to offering dual credit coursework, a school district shall attempt to enter into a partnership agreement with the community college district in the community college district in which the school district is located as provided in Section 16 of this Act. If pursuing an alternative provider other than a community college district, the school district shall enter into a partnership agreement with the alternative postsecondary institution that addresses each item listed in paragraphs (1) through (12) of Section 16.

(110 ILCS 27/17)

Sec. 17. Out-of-state dual credit contracts. A On or after the effective date of this amendatory Act of the 100th General Assembly, a school district may not enter into a new contract with an out-of-state postsecondary institution to provide a dual credit course without first offering the community college district in the district in which the school district is located the opportunity to provide the course. Prior to entering into a contract with an out-of-state postsecondary institution, the school district shall notify the Board of Higher Education of its intent to enter into an agreement with an out-of-state postsecondary institution. The Board of Higher Education shall have 30 days to provide the school district with a list of in-state postsecondary institutions that can provide the school district an equivalent dual credit opportunity. The school district may not enter into a contract with an out-of-state postsecondary institution until it has demonstrated to the Board of Higher Education that it has taken appropriate steps to consider the listing of in-state postsecondary institutions and provides a rationale as to why the course can be provided only by an out-of-state postsecondary institution. The Board of Higher Education shall publish a list on its website of all dual credit agreements between school districts and out-of-state or private postsecondary institutions. In deciding which dual credit courses to offer, a school district reserves the right to evaluate any dual credit course offered by any postsecondary institution for quality, rigor, and alignment with the school district's students' needs.

Agreements to provide dual credit courses between a school district and an out-of-state institution in existence on or before the effective date of this amendatory Act of the 103rd General Assembly on the effective date of this amendatory Act of the 100th General Assembly shall remain in effect and shall not be impacted by this Section.

(Source: P.A. 100-1049, eff. 1-1-19.)

(110 ILCS 27/19)

Sec. 19. Model Partnership Agreement and Dual Credit Committee. A Model Partnership Agreement shall be developed through a Dual Credit Committee involving collaboration between the Illinois Community College Board and the State Board of Education by June 30, 2019. The Committee shall consist of 5 members appointed by the State Superintendent of Education and 5 members appointed by the Executive Director of the Illinois Community College Board. The Model Partnership Agreement shall address all of the matters set forth in Section 16 of this Act.

The Committee shall meet within 60 days after the effective date of this amendatory Act of the 103rd General Assembly and subsequently shall meet biennially to consider and develop updates to the Model Partnership Agreement and associated exhibits to ensure concordance with any policies established by State, federal, or accrediting entities.

(Source: P.A. 100-1049, eff. 1-1-19.)

(110 ILCS 27/20)

Sec. 20. Standards. All postsecondary institutions offering dual credit courses shall meet the following standards:

(1) High school instructors teaching credit-bearing college-level courses for dual credit must meet any of the academic credential requirements set forth in this paragraph or paragraph (2), (2.5), or (3) of this Section and need not meet higher certification requirements or those set out in Article 21B of the School Code:

(A) Approved instructors of dual credit courses shall meet any of the faculty credential standards allowed by the Higher Learning Commission to determine minimally qualified faculty, including achievement of academic credentials, progress toward academic credentials, or equivalent experience. Instructors may not be required to meet higher standards than those established by the Higher Learning Commission. The academic credentials required to be a fully qualified instructor shall include either (i) a master's degree within the discipline to be taught or (ii) any master's degree and not more than 18 graduate hours appropriate to the academic field of study or in the discipline to be taught, as defined by the Dual Credit Instructor Qualification Framework. At the request of an instructor, an instructor who meets these credential standards shall be provided by the State Board of Education with a Dual Credit Endorsement, to be placed on the professional educator license, as established by the State Board of Education and as authorized under Article 21B of the School Code and promulgated through administrative rule in cooperation with the Illinois Community College Board and the Board of Higher Education.

(B) An instructor who does not meet the faculty credential standards allowed by the Higher Learning Commission to determine minimally qualified faculty may teach dual credit courses if the instructor has a professional development plan, approved by the postsecondary institution and shared with the State Board of Education no later than January 1, 2025, to raise his or her credentials to be in line with the credentials under subparagraph (A) of this paragraph (1). The postsecondary institution shall have 30 days to review the plan and approve an instructor professional development plan that is in line with the credentials set forth in paragraph (2) or (2.5) of this Section. The postsecondary institution shall not unreasonably withhold approval of a professional development plan. These approvals shall be good for as long as satisfactory progress toward the completion of the credential is demonstrated, but in no event shall a professional development plan be in effect for more than 3 years from the date of its approval or after January 1, 2028, whichever is sooner. A high school instructor whose professional development plan is not approved by the postsecondary institution may appeal to the Illinois Community College Board or the Board of Higher Education, as appropriate.

(C) The Illinois Community College Board and Board of Higher Education shall report yearly on their Internet websites the following:

(i) the number of teachers presently enrolled in an approved professional development plan under this Section;

(ii) the number of instructors who successfully completed an approved professional development plan;

(iii) the number of instructors who did not successfully complete an approved professional development plan after 3 years;

(iv) a breakdown of the information in subdivisions (i), (ii), and (iii) of this subparagraph (C) by subject area; and

(v) a summary, by community college district, of professional development plans that are in progress, that were successfully completed, or that have expired.

The State Board of Education shall provide to the Illinois Community College Board and Board of Higher Education any information necessary to complete the reporting required under this subparagraph (C).

(2) For a high school instructor entering into a professional development plan prior to January 1, 2023, the high school instructor shall qualify for a professional development plan if the instructor:

(A) has a master's degree in any discipline and has earned 9 graduate hours in a discipline in which he or she is currently teaching or expects to teach; or

(B) has a bachelor's degree with a minimum of 18 graduate hours in a discipline that he or she is currently teaching or expects to teach and is enrolled in a discipline-specific master's degree program; and

(C) agrees to demonstrate his or her progress toward completion to the supervising postsecondary institution, as outlined in the professional development plan.

(2.5) For a high school instructor entering into a professional development plan on or after January 1, 2023, the high school instructor shall qualify for a professional development plan if the instructor:

(A) has a master's degree in any discipline, has completed a minimum of 9 hours of the graduate coursework requirements of the Dual Credit Instructor Qualification Framework for the course , has earned 9 graduate hours in a discipline in which he or she currently teaches or expects to teach, and agrees to demonstrate his or her progress toward completion to the supervising postsecondary institution, as outlined in the professional development plan; or

(B) is a fully licensed instructor in career and technical education who is halfway toward meeting the required equivalent experience criteria defined by the Dual Credit Instructor Qualification Framework institution's requirements for faculty in the discipline to be taught and agrees to demonstrate his or her progress toward completion to the supervising postsecondary institution, as outlined in the professional development plan.

(3) An instructor in career and technical education courses must possess the credentials and demonstrated teaching competencies appropriate to the field of instruction. Equivalent experience may be considered if determining instructor qualifications.

(4) Course content must be equivalent to credit-bearing college-level courses offered at the community college.

(5) Learning outcomes must be the same as credit-bearing college-level courses and be appropriately measured.

(6) A high school instructor is expected to participate in any orientation developed by the postsecondary institution for dual credit instructors in course curriculum, assessment methods, and administrative requirements.

(7) Dual credit instructors must be given the opportunity to participate in all activities available to other adjunct faculty, including professional development, seminars, site visits, and internal communication, provided that such opportunities do not interfere with an instructor's regular teaching duties.

(8) Every dual credit course must be reviewed annually by the higher-learning-partner faculty department chairperson or the chairperson's designee and the chief academic officer of the postsecondary institution or the officer's designee, faculty through the appropriate department, to ensure consistency with campus courses.

(9) Dual credit students must be assessed using methods consistent with students in traditional credit-bearing college courses.

(10) Within 15 days after entering into or renewing a partnership agreement, the postsecondary institution shall notify its faculty of the agreement, including access to copies of the agreement if requested.

(Source: P.A. 102-558, eff. 8-20-21; 102-1077, eff. 1-1-23; 103-154, eff. 6-30-23.)

(110 ILCS 27/25)

Sec. 25. Oversight, review, and reporting.

(a) The Illinois Community College Board shall be responsible for oversight and review of dual credit programs offered jointly by public community colleges and high schools. The Illinois Community College Board shall implement a review process and criteria for evaluating dual credit program quality based upon the standards enumerated in Section 20 of this Act.

(b) The Board of Higher Education shall be responsible for oversight and review of dual credit programs offered jointly by high schools and postsecondary institutions, except for public community colleges as provided in subsection (a) of this Section. The Board of Higher Education shall develop and implement a review process based on the standards enumerated in Section 20 of this Act.

(c) Each postsecondary institution shall report annually to the appropriate agency, the Illinois Community College Board or the Board of Higher Education. The reports shall include, but not be limited to, the following data:

(1) Number and description of dual credit courses.

(2) Faculty teaching dual credit courses and their academic credentials.

(3) Enrollments in dual credit courses.

(4) Sites of dual credit offerings.

(5) The multiple appropriate measures adopted for program eligibility and for placement into English, mathematics, and other subject-area coursework.

(Source: P.A. 96-194, eff. 1-1-10.)

(110 ILCS 27/37 new)

Sec. 37. Study.

(a) The Illinois Community College Board shall conduct a study to examine dual credit students and their short-term and long-term outcomes, including determining how differing types and levels of credit-hour achievement influence college enrollment, persistence, advancement, and completion, either at a public community college or public university. The study shall attempt to isolate the unique effect of credit-hour achievement levels on college enrollment and college completion overall and for subpopulations by student subgroups, such as race and ethnicity, sex, and dual-credit type. The study shall further examine the differential impacts of enrollment in specific career pathways versus ad hoc, dual-credit participation on college enrollment, persistence, advancement, and completion at either a public community college or public university.

(b) Notwithstanding any other provision of law to the contrary, all public universities, all public community colleges, the State Board of Education, the Illinois Student Assistance Commission, and any other State agency that collects pertinent data shall furnish such data and information to the Illinois Community College Board as the Illinois Community College Board deems necessary to fulfill the requirements of this Section.

(110 ILCS 27/45 new)

Sec. 45. Dual Credit Instructor Qualification Framework.

(a) A Dual Credit Instructor Qualification Framework shall be developed through a Dual Credit Committee by July 31, 2025. The Committee shall consist of the following:

(1) the State Superintendent of Education or his or her designee;

(2) the Executive Director of the Illinois Community College Board or his or her designee;

(3) the Executive Director of the Board of Higher Education or his or her designee;

(4) the following members appointed by the Executive Director of the Illinois Community College Board:

(A) one member who represents college faculty upon recommendation from a statewide professional teachers' organization;

(B) one member who represents college faculty upon recommendation from another statewide professional teachers' organization;

(C) one member upon recommendation from community college district trustees;

(D) one member representing a community college located in the City of Chicago;

(E) one member representing a community college located in a metropolitan area outside of the City of Chicago;

(F) one member representing a community college located in a rural community;

(G) one member representing community college chief academic officers;

(H) one member upon recommendation from an association of community college presidents;

(I) one member upon recommendation from a statewide network of educators and stakeholders dedicated to implementing engaging, effective assessment and instructional strategies for all learners and to support the adoption of policies and systems that promote such practices; and

(J) one member upon recommendation from a statewide policy organization that works to strengthen education and workforce systems;

(5) the following members appointed by the Executive Director of the Board of Higher Education:

(A) one member representing a public university offering dual credit programs;

(B) another member representing a public university offering dual credit programs;

(C) one member representing a private not-for-profit college or university offering dual credit programs; and

(D) one member representing public university chief academic officers; and

(6) the following members appointed by the State Superintendent of Education:

(A) one member upon recommendation from a statewide organization that represents school administrators;

(B) one member upon recommendation from a statewide principals' organization;

(C) one member upon recommendation from a statewide organization of school boards;

(D) one member upon recommendation from an organization that represents school districts in both the Chicago south suburbs and collar counties;

(E) one member upon recommendation from a statewide organization representing large unit school districts;

(F) one member representing a superintendent of a suburban school district;

(G) one member who represents a school district serving a community with a population of 500,000 or more inhabitants;

(H) one member representing a rural school district;

(I) one member upon recommendation from a statewide advocacy organization that champions education equity and racial justice;

(J) one member representing Education for Employment System directors;

(K) one member who represents a secondary school instructor who teaches dual credit at a secondary school upon recommendation from a statewide professional teachers' organization; and

(L) one member who represents a secondary school instructor who teaches dual credit at a secondary school upon recommendation from another statewide professional teachers' organization.

(b) The Dual Credit Instructor Qualification Framework shall define the appropriate graduate coursework for fully qualified and minimally qualified instructors and the equivalent experience required to be a fully qualified career and technical education instructor. The Framework shall list the appropriate coursework for each discipline within the Illinois Articulation Initiative General Education Core Curriculum package by the discipline to be taught.

The Framework shall establish equivalent experience that is commensurate with achievement of academic credentials to be a fully qualified career and technical education dual-credit course instructor. The criteria shall determine a minimum threshold of experience and appropriate combination of the following:

(1) related work experience, which shall not exceed 2,000 hours and shall include the appropriate recognizable credentials;

(2) research or scholarship;

(3) recognized achievement;

(4) previous years of teaching experience;

(5) honors and awards; and

(6) other activities and factors to demonstrate teaching competencies appropriate to the field of instruction.

The Framework may differentiate between career and technical courses and General Education Core Curriculum courses. The Framework shall reference the faculty credential standards allowed by the Higher Learning Commission to ensure uniform guidance from this State and the Higher Learning Commission.

(c) The Illinois Community College Board shall provide administrative and other support to the Dual Credit Committee. The Committee shall meet at least every 4 years or as needed to consider and develop updates to the Dual Credit Instructor Qualification Framework to ensure concordance with any policies established by State, federal, or accrediting entities. The Framework may not disqualify instructors deemed fully qualified prior to the effective date of this amendatory Act of the 103rd General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.