Full Text of HB2003 94th General Assembly
HB2003ham001 94TH GENERAL ASSEMBLY
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Rep. Robert F. Flider
Filed: 4/12/2005
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09400HB2003ham001 |
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LRB094 02829 RAS 43470 a |
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| AMENDMENT TO HOUSE BILL 2003
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| AMENDMENT NO. ______. Amend House Bill 2003 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Community Education
Act.
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| Section 5. Purpose. The Community Education Program is a | 7 |
| program that
promotes lifelong learning for the entire | 8 |
| community and utilizes a process of
citizen
participation to | 9 |
| encourage the use of all available resources to respond to
| 10 |
| individual and
community needs. The program achieves this by | 11 |
| identifying community needs and
resources and linking them in a | 12 |
| way that helps people to help themselves raise
the quality
of | 13 |
| life in their community. The program accomplishes this | 14 |
| objective by
assisting in the
assessment of community needs, | 15 |
| promoting collaboration among government, civic,
fraternal, | 16 |
| religious, business, labor and educational organizations and | 17 |
| reducing
duplication of effort through active community, | 18 |
| business, and education partnerships.
The program provides | 19 |
| expanded opportunities for learning to residents of all ages | 20 |
| and
provides additional community services. The General | 21 |
| Assembly recognizes that, while
the primary mission of the | 22 |
| common schools in this State is to educate the children of this
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| State, in these times of increased longevity, social | 24 |
| complexity, and rapidly changing
technology, there is an |
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| increasing need for providing lifelong learning for all of the
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| residents of each community in this State and recognizes that | 3 |
| the common schools are
uniquely suited to serve as centers for | 4 |
| the delivery of these programs of
lifelong learning
for all | 5 |
| segments of the population. The program also recognizes the | 6 |
| principle
of local
control of the educational process by each | 7 |
| community. To provide a framework
for the
delivery of these | 8 |
| services, it is the intent of the General Assembly to provide
a | 9 |
| framework
of support and supervision of community education | 10 |
| programs by the State Board
of
Education, with the option to | 11 |
| establish and operate a program of community
education
being | 12 |
| reserved to the school districts.
| 13 |
| Section 10. Community Education Program. There is created | 14 |
| the Community
Education Program, implemented by the State Board | 15 |
| of Education and administered
by a
Community Education | 16 |
| Coordinator, appointed as provided in this Act. Optionally
this
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| program may be implemented by a school district in the manner | 18 |
| provided in this
Act.
This program shall do the following:
| 19 |
| (1) Contain provisions and standards conducive to the | 20 |
| establishment of
community, business, and education | 21 |
| partnerships that give use to lasting
relationships | 22 |
| between the partners that are mutually beneficial.
| 23 |
| (2) Provide greater community access to school | 24 |
| facilities and programs to
promote increased achievement | 25 |
| by children.
| 26 |
| (3) Make school facilities available for citizen use.
| 27 |
| (4) Organize local residents to assess local | 28 |
| conditions, set priorities,
identify program needs, and | 29 |
| participate in program planning and development.
| 30 |
| (5) Identify and utilize resources within the | 31 |
| community or those that
impact on the community.
| 32 |
| (6) Assist in the initiation of new and improved | 33 |
| programs in an effort to
improve opportunities for all |
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| residents of the community.
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| (7) Provide early childhood family services, including | 3 |
| parental, medical,
and parent education services, and day | 4 |
| care for school-aged youngsters before
and
after school.
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| (8) Provide effective youth training programs and | 6 |
| employment counseling
in schools, as well as paid work | 7 |
| experience linking the schools with the
private
sector.
| 8 |
| (9) Provide student involvement in community service | 9 |
| learning activities,
organizations, and intergenerational | 10 |
| programs.
| 11 |
| (10) Provide volunteer programs to bring parents, | 12 |
| business
personnel,
community agency representatives, | 13 |
| retirees, and other students into the
classroom
as | 14 |
| participants in the teaching of students.
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| (11) Provide an extended-day educational program for | 16 |
| school age
children through grade 6.
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| (12) Provide supplemental or additional programs for | 18 |
| junior high school
and high school age youth that may | 19 |
| consist of enrichment, individual, and
supplemental | 20 |
| activities, as well as recreational, cultural, and | 21 |
| vocational
programs.
| 22 |
| (13) Provide programs to meet the individual needs of | 23 |
| all people who
reside in the school district being served.
| 24 |
| (14) Provide early childhood family education programs | 25 |
| for children from
birth to kindergarten, parents of these | 26 |
| children, and expectant parents.
| 27 |
| (15) Provide programs to prevent and remediate | 28 |
| substance abuse and
physical and emotional abuse.
Nothing | 29 |
| set forth in items (7) through (15) shall be constituted as | 30 |
| either
requiring or
permitting the Community Education | 31 |
| Program to have any program or programs
serving
the same | 32 |
| purpose or purposes as those elsewhere specifically | 33 |
| provided for in
the School
Code.
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| (16) Subject to appropriation, provide State matching |
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| grants (up to $50,000 per school district per year) to | 2 |
| school districts operating community education programs. | 3 |
| The Community Education Program shall contain procedures | 4 |
| and standards
designed to detect and avoid duplication of | 5 |
| existing programs operated by other
entities
in whole or in | 6 |
| part within a school district. The Community Education Program
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| shall
provide for the involvement of the residents of a school | 8 |
| district in
ascertaining the
identity of local problems, in | 9 |
| ascertaining the community resources available
for dealing
| 10 |
| with these problems, and in developing solutions through the | 11 |
| development of an
Advisory Council.
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| Section 15. Community Education Coordinator; appointment | 13 |
| and tenure. The
State Superintendent of Education shall appoint | 14 |
| a Community Education
Coordinator,
who shall report to the | 15 |
| State
Superintendent of Education or to such other Associate
or | 16 |
| Assistant Superintendent as the State Board of Education may | 17 |
| from time to time direct.
The
Coordinator shall serve at the | 18 |
| pleasure of the State Superintendent of
Education and the
State | 19 |
| Board of Education.
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| Section 20. Community Education Coordinator; powers and | 21 |
| duties. The
Community Education Coordinator shall have the | 22 |
| following powers, duties, and
responsibilities:
| 23 |
| (1) To administer and enforce the provisions of this | 24 |
| Act, including the
power to promulgate and enforce any | 25 |
| necessary rules not inconsistent with the
provision of this | 26 |
| Act.
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| (2) To survey and analyze the existing and anticipated | 28 |
| community
education programs in this State, the current and | 29 |
| anticipated problems in the
delivery of these programs, the | 30 |
| present and future minimum needs and
requirements for these | 31 |
| programs, and the present and future goals of these
| 32 |
| programs. The Coordinator shall then prepare a |
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| Comprehensive Community
Education Plan for the | 2 |
| maintenance, development, expansion, and efficient
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| utilization of community education programs and resources | 4 |
| in this State. This
Plan
shall be submitted to the State | 5 |
| Board of Education for approval. The State
Board of
| 6 |
| Education may direct the modification, amplification, or | 7 |
| alteration of the plan
prior
to approval. The Coordinator | 8 |
| shall continually monitor the implementation of the
plan, | 9 |
| and when necessary, recommend changes, alterations, or | 10 |
| additions to the plan
to the State Board of Education. The | 11 |
| plan, as amended from time to time, shall be
adhered to by | 12 |
| the Coordinator and by school districts in developing and
| 13 |
| implementing community education programs.
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| (3) To study, review, and evaluate all available | 15 |
| resources and programs
that, in whole or in part, could be | 16 |
| included in the community education program
offered, or to | 17 |
| be offered, by a school district.
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| (4) To furnish technical information, consultant | 19 |
| services, and other
assistance to school districts that are | 20 |
| either seeking to organize, organizing,
or
conducting a | 21 |
| community education program pursuant to the provisions of | 22 |
| this
Act.
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| (5) To promulgate standards for the scope, content, | 24 |
| staffing, and
operation
of school district community | 25 |
| education programs and monitor the adherence
thereto
by | 26 |
| school districts conducting community education programs.
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| (6) To review a school district community education | 28 |
| program and, if this
program is found to be in compliance | 29 |
| with this Act and the rules adopted under
this
Act, issue a | 30 |
| certificate of compliance with this Act to the school | 31 |
| district.
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| (A) In the case of an initial application for a | 33 |
| program, the
Coordinator shall review the proposed | 34 |
| program. If the
Coordinator finds that the proposed |
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| program is in compliance with the
provisions of this | 2 |
| Act and the rules adopted under this Act, the
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| Coordinator shall issue a provisional certificate of | 4 |
| qualification for the
program.
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| (B) Provisional certificates issued under this Act | 6 |
| shall be valid
for a period of one year from the date | 7 |
| of their issuance. However, the
Coordinator may extend | 8 |
| the period of validity from time to time for
additional | 9 |
| periods of one year each.
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| (C) Upon a finding by the Coordinator that a local | 11 |
| school
district program that has been issued a | 12 |
| provisional certification is in
compliance with this | 13 |
| Act and the rules adopted under this Act, the
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| Coordinator shall issue a permanent certificate to the | 15 |
| school district.
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| (D) Permanent certificates issued under this Act | 17 |
| shall be valid
for a period of 5 years from the date of | 18 |
| their issuance, and the compliance
of the certified | 19 |
| program with the requirements of this Act shall be
| 20 |
| reviewed at the expiration of that time, and, if in | 21 |
| compliance, a new
certificate shall be issued for a | 22 |
| like period.
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| (E) Nothing in subdivisions (A) through (D) of this | 24 |
| item (6)
shall be deemed to limit the power of the | 25 |
| Coordinator to issue a permanent
certificate under the | 26 |
| provisions of this item (6) to any school district
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| maintaining a qualifying community education program | 28 |
| on the effective
date of this Act.
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| (F) The Coordinator shall have the power, for good | 30 |
| cause shown, to
refuse
to issue a certificate pursuant | 31 |
| to the provisions of this Act, to refuse to
renew a
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| certificate issued pursuant to the provisions of this | 33 |
| Act, or to revoke any
certificate issued pursuant to | 34 |
| the provisions of this Act. Any decision of the
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| Coordinator refusing to issue, refusing to renew, or | 2 |
| revoking any certificate
under
this Act is reviewable | 3 |
| as provided in Section 22 of this Act.
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| (G) In the event the Coordinator refuses to reissue | 5 |
| a certificate
under the provisions of subdivision (F) | 6 |
| of this item (6), the
Coordinator may, in his or her | 7 |
| discretion, issue a provisional certificate for
the | 8 |
| community education program, and thereafter a | 9 |
| permanent certificate,
pursuant to the provisions of | 10 |
| this item (6).
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| (7) To provide for and prescribe the content of annual | 12 |
| reports by school
districts maintaining these community | 13 |
| education programs. The Coordinator
shall
compile and | 14 |
| analyze the information contained in these reports and | 15 |
| prepare and
submit annually to the State Board of Education | 16 |
| a report containing information
on
the activities of the | 17 |
| Coordinator's office, a summary of the analysis of the
| 18 |
| school
district reports, and any recommendations for | 19 |
| improvements to community
education,
additional | 20 |
| legislation, or amendments to existing legislation. The | 21 |
| State Board
of
Education shall include the Coordinator's | 22 |
| report, together with the State Board
of
Education's | 23 |
| recommendations with respect to the report, in the annual | 24 |
| report to
the
General Assembly and the Governor required by | 25 |
| subsection E of Section 1A-4 of
the
School Code.
| 26 |
| (8) To conduct such seminars, workshops, and other | 27 |
| training activities
as may
be deemed necessary or | 28 |
| advantageous to the operation of community education
| 29 |
| programs in this State.
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| Section 22. Review of Coordinator's decision. Any decision | 31 |
| of the
Community Education Coordinator pursuant to subdivision | 32 |
| (F) of item (6) of
Section 20 of this Act is reviewable in the | 33 |
| following manner:
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| (1) Within 28 days after the issuance after a written | 2 |
| decision of the
Coordinator refusing to issue, refusing to | 3 |
| renew, or revoking a certificate
under this Act, the school | 4 |
| district may appeal the decision by filing a notice
of | 5 |
| appeal of the decision with the State Superintendent of | 6 |
| Education.
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| (2) Upon filing the notice, the State Superintendent of | 8 |
| Education or
his or her designated representative shall, | 9 |
| pursuant to rules adopted
pursuant to this Act, conduct a | 10 |
| hearing as to the decision. At the hearing,
the aggrieved | 11 |
| school district shall have the
burden of establishing the | 12 |
| impropriety of the decision appealed from and
the | 13 |
| Coordinator shall present evidence in support of the | 14 |
| decision.
| 15 |
| (3) At the conclusion of the hearing, the State | 16 |
| Superintendent of
Education or his or her designated | 17 |
| representative shall certify the evidence
presented, | 18 |
| prepare recommended findings of fact and conclusions of law
| 19 |
| based thereon, and file the certified evidence and proposed | 20 |
| findings of fact
and conclusions of law with the State | 21 |
| Board of Education. Notice of the
filing shall be given to | 22 |
| all parties as provided by rule. Within 28 days from
the | 23 |
| date of the giving of the notice or any extension thereof | 24 |
| granted by the
Chairperson of the State Board of Education, | 25 |
| any party to the proceedings
may file written objections to | 26 |
| the proposed findings of fact and conclusions
of law and | 27 |
| written briefs in support thereof with the Secretary of the | 28 |
| State
Board of Education. Within 28 days from the filing of | 29 |
| these objections and
briefs or any extension thereof | 30 |
| granted by the Chairperson of the State
Board of Education, | 31 |
| the opposing party may file a written response and
written | 32 |
| briefs in opposition to the objections.
| 33 |
| (4) Upon the expiration of the period provided for the | 34 |
| filing of
objections and responses in paragraph (3) of this |
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| Section, the State Board
of Education shall take the matter | 2 |
| under advisement. The State Board of
Education may, | 3 |
| pursuant to rules, but shall not be required to, grant the
| 4 |
| parties the right to appear before the State Board of | 5 |
| Education and be
heard in support of their respective | 6 |
| contentions. The State Board of
Education shall make | 7 |
| findings of fact and conclusions of law and render a
| 8 |
| decision either affirming the decision of the Coordinator, | 9 |
| reversing the
decision, or reversing and remanding the | 10 |
| decision to the Coordinator for
such further proceedings as | 11 |
| the State Board of Education may direct.
| 12 |
| (5) Any decision of the State Board of Education | 13 |
| denying a
provisional or permanent certificate or revoking | 14 |
| a certificate shall be
deemed a final administrative | 15 |
| decision within the meaning of the
Administrative Review | 16 |
| Law.
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| (6) Any decision of the Coordinator revoking a | 18 |
| certificate or refusing
to renew a certificate shall become | 19 |
| effective on the expiration of the appeal
period provided | 20 |
| in this Section. The taking of an appeal shall stay the | 21 |
| effect
of any order of the Coordinator revoking or refusing | 22 |
| to renew a permanent
certificate under this Act during the | 23 |
| pendency of the appeal, including any
appeal pursuant to | 24 |
| the Administrative Review Law. The State
Superintendent of | 25 |
| Education or his or her designated representative,
in his | 26 |
| or her discretion, may stay all or
any part of any other | 27 |
| decision of the Coordinator with respect to
certification.
| 28 |
| Section 25. Establishment of community education program | 29 |
| by school district.
A
school district may establish and operate | 30 |
| a community education program in
accordance with
the
provisions | 31 |
| of this Act.
| 32 |
| Section 50. School district community education program.
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| The school board
of the
school district may authorize the | 2 |
| establishment of a community
education
program pursuant to this | 3 |
| Act. Upon authorization, the school board shall promptly employ | 4 |
| a Director of
Community Education, appoint an advisory council, | 5 |
| proceed to adopt a community
education plan conforming to the | 6 |
| requirements of this Act and the rules adopted
under
this Act, | 7 |
| and submit this plan to the Community Education Coordinator for
| 8 |
| certification
pursuant to this Act. Thereafter the school board | 9 |
| shall provide for the
general
supervision of the community | 10 |
| education program. Upon receiving certification,
the
school | 11 |
| district shall proceed to implement this plan.
| 12 |
| Section 55. Community Education Fund. Any funds from the | 13 |
| State appropriated for the purposes of this Act shall be | 14 |
| credited to a community education fund that shall be
maintained | 15 |
| on the
books and records of the school district. The school | 16 |
| board may designate up to $50,000 to be set aside for community | 17 |
| education purposes, which shall be credited to this Fund. All | 18 |
| funds received for community
education
purposes from other | 19 |
| sources such as gifts, grants, tuition, and other
program
| 20 |
| revenues shall also be credited to this fund. The school board | 21 |
| of each school
district
having a certified community education | 22 |
| program may appropriate, budget, and
expend
these funds for | 23 |
| community education purposes. Funds credited to the community
| 24 |
| education fund shall not be transferred to any other fund at | 25 |
| any time or for
any purpose,
other than for reimbursement for | 26 |
| goods or services furnished to the community
education
program | 27 |
| by the school district and paid for from other district funds.
| 28 |
| Section 60. Local advisory council. Each school board | 29 |
| shall provide for a
local
advisory council to consist of | 30 |
| members who represent various service
organizations,
churches, | 31 |
| public schools, units of local government, businesses and
| 32 |
| professions, public
and private agencies serving youth, |
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| families, or senior citizens, municipal
governments,
| 2 |
| townships, libraries, park, recreation, or forest preserve | 3 |
| districts located in
whole or in
part within the school | 4 |
| district, and any other group or groups participating in
the | 5 |
| school
district's community education program. The advisory | 6 |
| council shall function in
an
advisory capacity, in cooperation | 7 |
| with the Director of Community Education, to
promote
the goals | 8 |
| and objectives of the school district's community education | 9 |
| program.
| 10 |
| Section 65. Director of Community Education. Each school | 11 |
| district
maintaining
a community education program shall | 12 |
| employ a certified Director of Community
Education who shall | 13 |
| report to the superintendent of the district. The Director
| 14 |
| shall be
responsible for all aspects of the school district's | 15 |
| community education
programs. A
school district may, with the | 16 |
| approval of the Community Education Coordinator,
designate an | 17 |
| individual who holds a valid administrative certificate issued
| 18 |
| pursuant to
Section 21-7.1 of the School Code as Director of | 19 |
| Community Education.
| 20 |
| Section 70. Certification of Director of Community | 21 |
| Education. The State
Board
of Education, in consultation with | 22 |
| the State Teacher Certification Board, shall
by rule set
| 23 |
| standards for the holding of a certificate as a Director of | 24 |
| Community Education
and shall
administer the certification | 25 |
| process.
| 26 |
| Section 75. Non-duplication of programs. No school | 27 |
| district community
education program shall duplicate any | 28 |
| program that is being adequately offered
within
the territory | 29 |
| of the district by another public entity. Disputes between a
| 30 |
| school district
and any other public entity as to the extent of | 31 |
| duplication and the adequacy of
the existing
program being |
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| offered by the other public entity shall be resolved by the
| 2 |
| Community
Education Coordinator, and the Coordinator's | 3 |
| decision shall constitute a final
administrative decision for | 4 |
| proposes of judicial review. Each school district
authorized to
| 5 |
| conduct a community education program pursuant to the | 6 |
| provisions of this Act
shall
adopt procedures designed to | 7 |
| detect and prevent the duplication of services
within the
| 8 |
| territory served by the district.
| 9 |
| Section 80. Community education consortiums. Any school | 10 |
| district authorized
to
conduct a community education program | 11 |
| pursuant to the provisions of this Act
may enter
into an | 12 |
| agreement with one or more contiguous or overlapping school | 13 |
| districts
to form a
consortium for the purpose of offering a | 14 |
| consolidated community education
program
supervised by a | 15 |
| single Director of Community Education, who may be an employee
| 16 |
| of
more than one school district. The Community Education | 17 |
| Coordinator shall, by
rule,
promulgate guidelines for the scope | 18 |
| and content of these agreements, and the
agreement
shall be | 19 |
| subject to the approval of the Community Education Coordinator.
| 20 |
| Any decision of the Coordinator denying approval of an | 21 |
| agreement under
this Section shall be subject to review in the | 22 |
| manner provided in Section 22 of
this Act.
| 23 |
| Section 85. Partnership agreements. A school district | 24 |
| community education
program shall have the power to enter into | 25 |
| agreements with any other public or
private
entity or entities | 26 |
| for the furnishing of any component of its community
education
| 27 |
| program, provided that programs so furnished shall comply with | 28 |
| the standards
promulgated by the Community Education | 29 |
| Coordinator. These agreements may
provide
for payments from the | 30 |
| school district's community education fund to other
entities as
| 31 |
| contributions to the expenses of the program or programs | 32 |
| covered by these
agreements.
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| Section 90. Funding. A school district maintaining a | 2 |
| community
education
program is authorized to receive money from | 3 |
| the State, as grants that are subject to appropriation, and | 4 |
| other public and private sources for
the
support of its program | 5 |
| or any component thereof and to expend this money
pursuant
to | 6 |
| the provisions of this Act, subject to the terms and conditions | 7 |
| under which
the money
is received. The school district shall | 8 |
| have the power to create a non-profit,
tax exempt
foundation | 9 |
| for the purpose of enriching the lifelong learning programs of | 10 |
| the
district's
community education program. Subject to | 11 |
| guidelines approved by the school
board, the
school district is | 12 |
| also authorized to charge and collect tuition for specific
| 13 |
| community
education programs.
The school board shall also have | 14 |
| the authority to designate up to $50,000 per year in | 15 |
| discretionary funds to be used for community education | 16 |
| purposes.
| 17 |
| Section 95. Area Learning Center. A school district or | 18 |
| consortium of school
districts operating a community education | 19 |
| plan under this Act, may, but shall
not be
required to, either | 20 |
| by itself or in cooperation with another school district, a
| 21 |
| service
cooperative, a local community education partnership, | 22 |
| a public or private
post-secondary
institution, or any other | 23 |
| public agencies, businesses, or foundations,
establish and | 24 |
| operate
an Area Learning Center. The Center shall have access | 25 |
| to the school district's
regular
education program, special | 26 |
| education program, technology facilities, and staff.
The
| 27 |
| Center shall seek the involvement of community education | 28 |
| programs,
post-secondary
institutions, interagency | 29 |
| collaborations, community resources, businesses, and
other
| 30 |
| federal, State, and local public agencies.
| 31 |
| Section 100. Certification of teaching personnel.
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| (a) Notwithstanding the provisions of any other law to the | 2 |
| contrary and
except as
otherwise provided in Section 70 of this | 3 |
| Act and subsection (b) of this
Section, a person
who teaches, | 4 |
| leads, or otherwise conducts a community education program is
| 5 |
| exempt
from all certification requirements, including, but not | 6 |
| limited to, those
contained in the
School Code.
| 7 |
| (b) The provisions of Subsection (a) of this Section shall | 8 |
| not apply to any
program
when the applicable provisions of the | 9 |
| statute creating it or the applicable
conditions of
any grant | 10 |
| that may be used in whole or in part for its funding contain | 11 |
| specific
certification
requirements for personnel teaching, | 12 |
| leading, or otherwise conducting the
program. The
provisions of | 13 |
| subsection (a) of this Section shall not apply to instruction
| 14 |
| offered for
academic credit to satisfy the requirements of | 15 |
| grades K through 12.
| 16 |
| (c) The provisions of the School Code permitting the | 17 |
| granting of special
certificates to persons particularly | 18 |
| qualified by experience and training to
teach specific
courses | 19 |
| of instruction shall be applicable to any course for which
| 20 |
| certification is required
pursuant to the provisions of | 21 |
| Subsection (b) of this Section.
| 22 |
| Section 999. Effective date. This Act takes effect upon | 23 |
| becoming law.".
|
|