State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB2637ham002

                                           LRB9009201THdvam01
 1                    AMENDMENT TO HOUSE BILL 2637
 2        AMENDMENT NO.     .  Amend House Bill 2637,  AS  AMENDED,
 3    in  the title and in the introductory clause of Section 5, by
 4    replacing  "Section  2-3.66"  each  time  it   appears   with
 5    "Sections 2-3.66 and 10-22.20"; and
 6    in the body of Section 5, by inserting below the last line of
 7    Sec. 2-3.66 the following:
 8        "(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
 9        Sec.  10-22.20.  Classes  for  adults  and  youths  whose
10    schooling   has   been   interrupted;  Conditions  for  State
11    reimbursement; Use of child care facilities.
12        (a)  To establish special classes for the instruction (1)
13    of persons of age 21 years or over, and (2) of  persons  less
14    than age 21 and not otherwise in attendance in public school,
15    for  the  purpose  of  providing adults in the community, and
16    youths  whose  schooling  has  been  interrupted,  with  such
17    additional basic education, vocational  skill  training,  and
18    other  instruction  as  may  be  necessary  to increase their
19    qualifications for employment or other means of  self-support
20    and  their ability to meet their responsibilities as citizens
21    including  courses  of  instruction  regularly  accepted  for
22    graduation  from  elementary  or   high   schools   and   for
                            -2-            LRB9009201THdvam01
 1    Americanization  and  General  Educational Development Review
 2    classes.
 3        The board  shall  pay  the  necessary  expenses  of  such
 4    classes  out of school funds of the district, including costs
 5    of student transportation and such  facilities  or  provision
 6    for  child-care  as  may  be necessary in the judgment of the
 7    board  to  permit  maximum  utilization  of  the  courses  by
 8    students with  children,  and  other  special  needs  of  the
 9    students  directly related to such instruction.  The expenses
10    thus incurred shall be subject  to  State  reimbursement,  as
11    provided  in  this  Section.   The  board  may make a tuition
12    charge for persons taking instruction who are not subject  to
13    State  reimbursement,  such  tuition charge not to exceed the
14    per capita cost of such classes.
15        The cost of such instruction,  including  the  additional
16    expenses   herein  authorized,  incurred  for  recipients  of
17    financial aid under the Illinois  Public  Aid  Code,  or  for
18    persons   for  whom  education  and  training  aid  has  been
19    authorized under Section 9-8 of that Code, shall  be  assumed
20    in  its  entirety from funds appropriated by the State to the
21    State Board of Education.
22        (b)  The  State  Board  of  Education  and  the  Illinois
23    Community  College  Board  shall  annually  enter   into   an
24    interagency   agreement   to  implement  this  Section.   The
25    interagency agreement shall establish the standards  for  the
26    courses  of  instruction  reimbursed under this Section.  The
27    State Board of Education shall supervise  the  administration
28    of   the  programs.   The  State  Board  of  Education  shall
29    determine  the  cost  of  instruction  in   accordance   with
30    standards jointly established by the State Board of Education
31    and  the Illinois Community College Board as set forth in the
32    interagency agreement,  including  therein  other  incidental
33    costs as herein authorized, which shall serve as the basis of
34    State  reimbursement  in  accordance  with  the provisions of
                            -3-            LRB9009201THdvam01
 1    this  Section.  In  the  approval   of   programs   and   the
 2    determination  of the cost of instruction, the State Board of
 3    Education  shall  provide  for  the  maximum  utilization  of
 4    federal funds for such programs.  The  interagency  agreement
 5    shall also include:
 6             (1)  the development of an index of need for program
 7        planning  and  for area funding allocations as defined by
 8        the State Board of Education;
 9             (2)  the   method   for   calculating    hours    of
10        instruction,  as defined by the State Board of Education,
11        claimable for reimbursement and a method to phase in  the
12        calculation  and  for adjusting the calculations in cases
13        where the services of a program are  interrupted  due  to
14        circumstances beyond the control of the program provider;
15             (3)  a   plan  for  the  reallocation  of  funds  to
16        increase the  amount  allocated  for  grants  based  upon
17        program performance as set forth in subsection (d) below;
18        and
19             (4)  the  development  of  standards for determining
20        grants based upon performance as set forth in  subsection
21        (d)  below and a plan for the phased-in implementation of
22        those standards.
23        For  instruction  provided  by   school   districts   and
24    community  college  districts  beginning  July  1,  1996  and
25    thereafter,  reimbursement  provided  by  the  State Board of
26    Education for classes authorized by  this  Section  shall  be
27    provided  pursuant  to the terms of the interagency agreement
28    from funds appropriated for the  reimbursement  criteria  set
29    forth in subsection (c) below.
30        (c)  Upon   the   annual   approval  of  the  interagency
31    agreement,  reimbursement  shall  be   first   provided   for
32    transportation,  child care services, and other special needs
33    of the students directly related to instruction and then from
34    the funds remaining an amount equal to  the  product  of  the
                            -4-            LRB9009201THdvam01
 1    total  credit  hours  or units of instruction approved by the
 2    State Board of Education, multiplied by the following:
 3             (1)  For  adult   basic   education,   the   maximum
 4        reimbursement  per credit hour or per unit of instruction
 5        shall be  equal  to  the  general  state  aid  per  pupil
 6        foundation  level established in subsections 5(a) through
 7        5(d)  of  Section  18-8  or  subsection  (B)  of  Section
 8        18-8.05, divided by 60;
 9             (2)  The maximum reimbursement per  credit  hour  or
10        per  unit  of instruction in subparagraph (1) above shall
11        be weighted for students enrolled in classes  defined  as
12        vocational  skills  and  approved  by  the State Board of
13        Education by 1.25;
14             (3)  The maximum reimbursement per  credit  hour  or
15        per  unit  of instruction in subparagraph (1) above shall
16        be multiplied by .90 for  students  enrolled  in  classes
17        defined   as   adult  secondary  education  programs  and
18        approved by the State Board of Education;
19             (4)  For community  college  districts  the  maximum
20        reimbursement  per credit hour in subparagraphs (1), (2),
21        and (3)  above  shall  be  reduced  by  the  Adult  Basic
22        Education/Adult  Secondary  Education/English As A Second
23        Language credit hour grant  rate  prescribed  in  Section
24        2-16.02 of the Public Community College Act, as pro-rated
25        to the appropriation level; and
26             (5)  Programs receiving funds under the formula that
27        was  in  effect  during  the 1994-1995 program year which
28        continue to be approved and which generate at  least  80%
29        of  the  hours  claimable  in  1994-95, or in the case of
30        programs not approved in 1994-95  at  least  80%  of  the
31        hours  claimable  in  1995-96,  shall  have  funding  for
32        subsequent  years  based upon 100% of the 1995-96 formula
33        funding level for 1996-97, 90%  of  the  1995-96  formula
34        funding  level  for  1997-98,  80% of the 1995-96 formula
                            -5-            LRB9009201THdvam01
 1        funding level for 1998-99, and 70% of the 1995-96 formula
 2        funding level for 1999-2000.  For  any  approved  program
 3        which  generates  less than 80% of the claimable hours in
 4        its base year, the level  of  funding  pursuant  to  this
 5        paragraph  shall be reduced proportionately.  Funding for
 6        program years after 1999-2000 shall be  pursuant  to  the
 7        interagency agreement.
 8        (d)  Upon   the   annual   approval  of  the  interagency
 9    agreement, the State Board of Education shall provide  grants
10    to  eligible  programs for supplemental activities to improve
11    or expand services under the Adult Education Act.    Eligible
12    programs  shall be determined based upon performance outcomes
13    of students in the programs as set forth in  the  interagency
14    agreement.
15        (e)  Reimbursement  under  this  Section shall not exceed
16    the actual costs of the approved program.
17        If  the  amount  appropriated  to  the  State  Board   of
18    Education  for  reimbursement under this Section is less than
19    the amount required under this Act, the  apportionment  shall
20    be proportionately reduced.
21        School  districts  and  community  college  districts may
22    assess students up to $3.00  per  credit  hour,  for  classes
23    other than Adult Basic Education level programs, if needed to
24    meet program costs.
25        (f)  An  education  plan  shall  be  established for each
26    adult or youth whose schooling has been interrupted  and  who
27    is participating in the instructional programs provided under
28    this Section.
29        Each  school  board  and  community college shall keep an
30    accurate and detailed account of the students assigned to and
31    receiving instruction under this Section who are  subject  to
32    State  reimbursement  and  shall  submit  reports of services
33    provided commencing with fiscal year 1997 as required in  the
34    interagency agreement.
                            -6-            LRB9009201THdvam01
 1        For  classes authorized under this Section, a credit hour
 2    or unit of  instruction  is  equal  to  15  hours  of  direct
 3    instruction for students enrolled in approved adult education
 4    programs  at  midterm  and  making  satisfactory progress, in
 5    accordance with standards jointly established  by  the  State
 6    Board  of  Education and the Illinois Community College Board
 7    as set forth in the interagency agreement.
 8        (g)  Upon proof submitted to the Illinois  Department  of
 9    Human  Services  of the payment of all claims submitted under
10    this Section, that Department shall apply for  federal  funds
11    made  available  therefor  and  any federal funds so received
12    shall be paid into the General  Revenue  Fund  in  the  State
13    Treasury.
14        School  districts or community colleges providing classes
15    under this Section shall submit  applications  to  the  State
16    Board  of  Education  for  preapproval in accordance with the
17    standards jointly established by the State Board of Education
18    and the Illinois Community College Board as set forth in  the
19    interagency  agreement.   Payments shall be made by the State
20    Board of Education based  upon  approved  programs.   Interim
21    expenditure  reports  may  be  required by the State Board of
22    Education as set forth in the interagency agreement.    Final
23    claims for the school year shall be submitted to the regional
24    superintendents   for  transmittal  to  the  State  Board  of
25    Education as set forth in the interagency  agreement.   Final
26    adjusted payments shall be made by September 30.
27        If  a school district or community college district fails
28    to provide, or is providing  unsatisfactory  or  insufficient
29    classes  under this Section, the State Board of Education may
30    enter into agreements with public or private  educational  or
31    other   agencies  other  than  the  public  schools  for  the
32    establishment of such classes.
33        (h)  If a school district or community  college  district
34    establishes   child-care   facilities  for  the  children  of
                            -7-            LRB9009201THdvam01
 1    participants in classes established under  this  Section,  it
 2    may  extend  the use of these facilities to students who have
 3    obtained employment and to other  persons  in  the  community
 4    whose  children require care and supervision while the parent
 5    or other person in charge of  the  children  is  employed  or
 6    otherwise absent from the home during all or part of the day.
 7    It may make the facilities available before and after as well
 8    as  during  regular  school hours to school age and preschool
 9    age children who may benefit thereby, including children  who
10    require  care  and  supervision  pending  the return of their
11    parent  or  other  person  in  charge  of  their  care   from
12    employment or other activity requiring absence from the home.
13        The  State  Board of Education shall pay to the board the
14    cost of care in  the  facilities  for  any  child  who  is  a
15    recipient  of  financial  aid  under  The Illinois Public Aid
16    Code.
17        The board may charge for care of  children  for  whom  it
18    cannot  make claim under the provisions of this Section.  The
19    charge shall not exceed per capita cost, and  to  the  extent
20    feasible,  shall  be  fixed  at  a  level  which  will permit
21    utilization by employed parents of low  or  moderate  income.
22    It  may  also  permit  any  other State or local governmental
23    agency or private  agency  providing  care  for  children  to
24    purchase care.
25        After  July  1,  1970  when  the  provisions  of  Section
26    10-20.20  become  operative  in  the  district, children in a
27    child-care facility shall be transferred to the  kindergarten
28    established under that Section for such portion of the day as
29    may  be  required  for the kindergarten program, and only the
30    prorated costs of care and training provided  in  the  Center
31    for  the  remaining  period  shall be charged to the Illinois
32    Department of Human Services or  other  persons  or  agencies
33    paying for such care.
34        (i)  The  provisions  of this Section shall also apply to
                            -8-            LRB9009201THdvam01
 1    school districts having a population exceeding 500,000.
 2        (j)  In addition to  claiming  reimbursement  under  this
 3    Section,  a school district may claim general State aid under
 4    Section 18-8.05 for any student under age 21 who is  enrolled
 5    in  courses  accepted  for graduation from elementary or high
 6    school and who otherwise meets the  requirements  of  Section
 7    18-8.05.
 8    (Source: P.A.  89-507,  eff.  7-1-97;  89-524,  eff. 7-19-96;
 9    90-14, eff. 7-1-97; 90-548, eff. 1-1-98.)".

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