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90_HB1842
105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20
105 ILCS 405/2-2 from Ch. 122, par. 202-2
Amends the School Code and the Adult Education Act.
Eliminates a requirement that before the State Board of
Education may enter into agreements with public or private
entities, other than the common schools and community
colleges, to establish special classes to provide instruction
and training for adults and youths whose schooling has been
interrupted, the school districts or community college
districts must be failing to provide or providing
unsatisfactory or insufficient classes for that purpose.
Adds that the public and private entities with whom the State
Board of Education enters into such agreements are eligible
for direct State and federal funding under a general
competitive selection and evaluation process established by
the State Board of Education.
LRB9004945THpkA
LRB9004945THpkA
1 AN ACT relating to adult education programs, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 10-22.20 as follows:
7 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
8 Sec. 10-22.20. Classes for adults and youths whose
9 schooling has been interrupted; Conditions for State
10 reimbursement; Use of child care facilities.
11 (a) To establish special classes for the instruction (1)
12 of persons of age 21 years or over, and (2) of persons less
13 than age 21 and not otherwise in attendance in public school,
14 for the purpose of providing adults in the community, and
15 youths whose schooling has been interrupted, with such
16 additional basic education, vocational skill training, and
17 other instruction as may be necessary to increase their
18 qualifications for employment or other means of self-support
19 and their ability to meet their responsibilities as citizens
20 including courses of instruction regularly accepted for
21 graduation from elementary or high schools and for
22 Americanization and General Educational Development Review
23 classes.
24 The board shall pay the necessary expenses of such
25 classes out of school funds of the district, including costs
26 of student transportation and such facilities or provision
27 for child-care as may be necessary in the judgment of the
28 board to permit maximum utilization of the courses by
29 students with children, and other special needs of the
30 students directly related to such instruction. The expenses
31 thus incurred shall be subject to State reimbursement, as
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1 provided in this Section. The board may make a tuition
2 charge for persons taking instruction who are not subject to
3 State reimbursement, such tuition charge not to exceed the
4 per capita cost of such classes.
5 The cost of such instruction, including the additional
6 expenses herein authorized, incurred for recipients of
7 financial aid under the Illinois Public Aid Code, or for
8 persons for whom education and training aid has been
9 authorized under Section 9-8 of that Code, shall be assumed
10 in its entirety from funds appropriated by the State to the
11 State Board of Education.
12 (b) The State Board of Education and the Illinois
13 Community College Board shall annually enter into an
14 interagency agreement to implement this Section. The
15 interagency agreement shall establish the standards for the
16 courses of instruction reimbursed under this Section. The
17 State Board of Education shall supervise the administration
18 of the programs. The State Board of Education shall
19 determine the cost of instruction in accordance with
20 standards jointly established by the State Board of Education
21 and the Illinois Community College Board as set forth in the
22 interagency agreement, including therein other incidental
23 costs as herein authorized, which shall serve as the basis of
24 State reimbursement in accordance with the provisions of
25 this Section. In the approval of programs and the
26 determination of the cost of instruction, the State Board of
27 Education shall provide for the maximum utilization of
28 federal funds for such programs. The interagency agreement
29 shall also include:
30 (1) the development of an index of need for program
31 planning and for area funding allocations as defined by
32 the State Board of Education;
33 (2) the method for calculating hours of
34 instruction, as defined by the State Board of Education,
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1 claimable for reimbursement and a method to phase in the
2 calculation and for adjusting the calculations in cases
3 where the services of a program are interrupted due to
4 circumstances beyond the control of the program provider;
5 (3) a plan for the reallocation of funds to
6 increase the amount allocated for grants based upon
7 program performance as set forth in subsection (d) below;
8 and
9 (4) the development of standards for determining
10 grants based upon performance as set forth in subsection
11 (d) below and a plan for the phased-in implementation of
12 those standards.
13 For instruction provided by school districts and
14 community college districts beginning July 1, 1996 and
15 thereafter, reimbursement provided by the State Board of
16 Education for classes authorized by this Section shall be
17 provided pursuant to the terms of the interagency agreement
18 from funds appropriated for the reimbursement criteria set
19 forth in subsection (c) below.
20 (c) Upon the annual approval of the interagency
21 agreement, reimbursement shall be first provided for
22 transportation, child care services, and other special needs
23 of the students directly related to instruction and then from
24 the funds remaining an amount equal to the product of the
25 total credit hours or units of instruction approved by the
26 State Board of Education, multiplied by the following:
27 (1) For adult basic education, the maximum
28 reimbursement per credit hour or per unit of instruction
29 shall be equal to the general state aid per pupil
30 foundation level established in subsections 5(a) through
31 5(d) of Section 18-8, divided by 60;
32 (2) The maximum reimbursement per credit hour or
33 per unit of instruction in subparagraph (1) above shall
34 be weighted for students enrolled in classes defined as
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1 vocational skills and approved by the State Board of
2 Education by 1.25;
3 (3) The maximum reimbursement per credit hour or
4 per unit of instruction in subparagraph (1) above shall
5 be multiplied by .90 for students enrolled in classes
6 defined as adult secondary education programs and
7 approved by the State Board of Education;
8 (4) For community college districts the maximum
9 reimbursement per credit hour in subparagraphs (1), (2),
10 and (3) above shall be reduced by the Adult Basic
11 Education/Adult Secondary Education/English As A Second
12 Language credit hour grant rate prescribed in Section
13 2-16.02 of the Public Community College Act, as pro-rated
14 to the appropriation level; and
15 (5) Programs receiving funds under the formula that
16 was in effect during the 1994-1995 program year which
17 continue to be approved and which generate at least 80%
18 of the hours claimable in 1994-95, or in the case of
19 programs not approved in 1994-95 at least 80% of the
20 hours claimable in 1995-96, shall have funding for
21 subsequent years based upon 100% of the 1995-96 formula
22 funding level for 1996-97, 90% of the 1995-96 formula
23 funding level for 1997-98, 80% of the 1995-96 formula
24 funding level for 1998-99, and 70% of the 1995-96 formula
25 funding level for 1999-2000. For any approved program
26 which generates less than 80% of the claimable hours in
27 its base year, the level of funding pursuant to this
28 paragraph shall be reduced proportionately. Funding for
29 program years after 1999-2000 shall be pursuant to the
30 interagency agreement.
31 (d) Upon the annual approval of the interagency
32 agreement, the State Board of Education shall provide grants
33 to eligible programs for supplemental activities to improve
34 or expand services under the Adult Education Act. Eligible
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1 programs shall be determined based upon performance outcomes
2 of students in the programs as set forth in the interagency
3 agreement.
4 (e) Reimbursement under this Section shall not exceed
5 the actual costs of the approved program.
6 If the amount appropriated to the State Board of
7 Education for reimbursement under this Section is less than
8 the amount required under this Act, the apportionment shall
9 be proportionately reduced.
10 School districts and community college districts may
11 assess students up to $3.00 per credit hour, for classes
12 other than Adult Basic Education level programs, if needed to
13 meet program costs.
14 (f) An education plan shall be established for each
15 adult or youth whose schooling has been interrupted and who
16 is participating in the instructional programs provided under
17 this Section.
18 Each school board and community college shall keep an
19 accurate and detailed account of the students assigned to and
20 receiving instruction under this Section who are subject to
21 State reimbursement and shall submit reports of services
22 provided commencing with fiscal year 1997 as required in the
23 interagency agreement.
24 For classes authorized under this Section, a credit hour
25 or unit of instruction is equal to 15 hours of direct
26 instruction for students enrolled in approved adult education
27 programs at midterm and making satisfactory progress, in
28 accordance with standards jointly established by the State
29 Board of Education and the Illinois Community College Board
30 as set forth in the interagency agreement.
31 (g) Upon proof submitted to the Illinois Department of
32 Human Services of the payment of all claims submitted under
33 this Section, that Department shall apply for federal funds
34 made available therefor and any federal funds so received
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1 shall be paid into the General Revenue Fund in the State
2 Treasury.
3 School districts or community colleges providing classes
4 under this Section shall submit applications to the State
5 Board of Education for preapproval in accordance with the
6 standards jointly established by the State Board of Education
7 and the Illinois Community College Board as set forth in the
8 interagency agreement. Payments shall be made by the State
9 Board of Education based upon approved programs. Interim
10 expenditure reports may be required by the State Board of
11 Education as set forth in the interagency agreement. Final
12 claims for the school year shall be submitted to the regional
13 superintendents for transmittal to the State Board of
14 Education as set forth in the interagency agreement. Final
15 adjusted payments shall be made by September 30.
16 (g-5) In addition to any instruction and special classes
17 that are provided by school districts and community college
18 districts under interagency agreements entered into pursuant
19 to If a school district or community college district fails
20 to provide, or is providing unsatisfactory or insufficient
21 classes under this Section, the State Board of Education may
22 enter into agreements, as provided in Section 2-2 of the
23 Adult Education Act, with public or private educational or
24 other agencies other than the public schools for the
25 furnishing of such instruction and the establishment of such
26 classes.
27 (h) If a school district or community college district
28 establishes child-care facilities for the children of
29 participants in classes established under this Section, it
30 may extend the use of these facilities to students who have
31 obtained employment and to other persons in the community
32 whose children require care and supervision while the parent
33 or other person in charge of the children is employed or
34 otherwise absent from the home during all or part of the day.
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1 It may make the facilities available before and after as well
2 as during regular school hours to school age and preschool
3 age children who may benefit thereby, including children who
4 require care and supervision pending the return of their
5 parent or other person in charge of their care from
6 employment or other activity requiring absence from the home.
7 The State Board of Education shall pay to the board the
8 cost of care in the facilities for any child who is a
9 recipient of financial aid under The Illinois Public Aid
10 Code.
11 The board may charge for care of children for whom it
12 cannot make claim under the provisions of this Section. The
13 charge shall not exceed per capita cost, and to the extent
14 feasible, shall be fixed at a level which will permit
15 utilization by employed parents of low or moderate income.
16 It may also permit any other State or local governmental
17 agency or private agency providing care for children to
18 purchase care.
19 After July 1, 1970 when the provisions of Section
20 10-20.20 become operative in the district, children in a
21 child-care facility shall be transferred to the kindergarten
22 established under that Section for such portion of the day as
23 may be required for the kindergarten program, and only the
24 prorated costs of care and training provided in the Center
25 for the remaining period shall be charged to the Illinois
26 Department of Human Services or other persons or agencies
27 paying for such care.
28 (i) The provisions of this Section shall also apply to
29 school districts having a population exceeding 500,000.
30 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
31 revised 8-15-96.)
32 Section 10. The Adult Education Act is amended by
33 changing Section 2-2 as follows:
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1 (105 ILCS 405/2-2) (from Ch. 122, par. 202-2)
2 Sec. 2-2. Agreement with public or private agencies. If
3 in the judgment of The State Board of Education a school
4 district or community college district is failing to provide,
5 or is providing unsatisfactory or insufficient classes for
6 the instruction or training of adults and youths whose
7 schooling has been interrupted, pursuant to the provisions of
8 Section 10-22.20 of "The School Code," approved, March 18,
9 1961, as amended, the State Board may enter into agreements
10 with public or private welfare, educational, or other
11 agencies, (other than the public common schools, the Illinois
12 Community College Board, and public community colleges)
13 competent to provide the education or training defined in
14 said Section 10-22.20 of the School Code for adults and
15 youths whose schooling has been interrupted. The agreements
16 shall provide, for the establishment by those agencies of
17 such special classes to provide the education and training
18 defined in Section 10-22.20 for the adults and youths whose
19 schooling has been interrupted by such agencies. All such
20 agencies shall be eligible for direct State and federal
21 funding under a general competitive selection and evaluation
22 process that the State Board of Education shall establish for
23 that purpose, consistent with the provisions of this Section
24 and applicable federal rules and regulations.
25 The State Board of Education shall establish the
26 standards for such courses of instruction and supervise the
27 administration thereof. The State Board of Education shall
28 determine the cost of such instruction, including therein
29 such incidental costs of student transportation, facilities,
30 or provision for child care for students who are parents, and
31 other special needs of the students, as authorized by Section
32 10-22.20 of The School Code.
33 The provisions of Section 10-22.20 of The School Code
34 respecting the reimbursement of the total cost of such
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1 instruction or training by the Department of Employment
2 Security for students who may be authorized under the
3 Illinois Public Aid Code, approved April 11, 1967, shall be
4 applicable to classes established under this Act. Each agency
5 entering into an agreement shall keep accurate and detailed
6 accounts of students assigned to it and receiving instruction
7 in such special classes and submit claims for reimbursement
8 in the manner provided for school districts or community
9 college districts under said Section 10-22.20, and claims for
10 reimbursement shall be processed as therein provided.
11 Any such agreement may be terminated by the State Board
12 of Education when it determines (1) that such classes are no
13 longer necessary, or (2) that the instruction or training
14 established by an agency fails to meet the established
15 standards, or (3) that the classes established by a school
16 district or community college district, within whose
17 geographical limits the agency is located, pursuant to
18 Section 10-22.20 of The School Code, are adequate for the
19 purpose.
20 (Source: P.A. 83-1503.)