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90_SB1634
105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20
Amends the School Code. In the provisions relating to
State grants and reimbursements for school districts and
community college districts that establish special classes
for adult education, authorizes the State Board of Education
to enter into agreements with nonprofit community-based
organizations to provide such classes, without regard to
whether school or community college districts also are able
to provide those classes, so long as the agreements with the
community-based organizations and the receipt of grant funds
thereunder are based upon the same performance and outcome
based standards as are applicable to school and community
college districts. Effective immediately.
LRB9010348THpk
LRB9010348THpk
1 AN ACT to amend the School Code by changing Section
2 10-22.20.
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 Section 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 or subsection (B) of Section
32 18-8.05, divided by 60;
33 (2) The maximum reimbursement per credit hour or
34 per unit of instruction in subparagraph (1) above shall
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1 be weighted for students enrolled in classes defined as
2 vocational skills and approved by the State Board of
3 Education by 1.25;
4 (3) The maximum reimbursement per credit hour or
5 per unit of instruction in subparagraph (1) above shall
6 be multiplied by .90 for students enrolled in classes
7 defined as adult secondary education programs and
8 approved by the State Board of Education;
9 (4) For community college districts the maximum
10 reimbursement per credit hour in subparagraphs (1), (2),
11 and (3) above shall be reduced by the Adult Basic
12 Education/Adult Secondary Education/English As A Second
13 Language credit hour grant rate prescribed in Section
14 2-16.02 of the Public Community College Act, as pro-rated
15 to the appropriation level; and
16 (5) Programs receiving funds under the formula that
17 was in effect during the 1994-1995 program year which
18 continue to be approved and which generate at least 80%
19 of the hours claimable in 1994-95, or in the case of
20 programs not approved in 1994-95 at least 80% of the
21 hours claimable in 1995-96, shall have funding for
22 subsequent years based upon 100% of the 1995-96 formula
23 funding level for 1996-97, 90% of the 1995-96 formula
24 funding level for 1997-98, 80% of the 1995-96 formula
25 funding level for 1998-99, and 70% of the 1995-96 formula
26 funding level for 1999-2000. For any approved program
27 which generates less than 80% of the claimable hours in
28 its base year, the level of funding pursuant to this
29 paragraph shall be reduced proportionately. Funding for
30 program years after 1999-2000 shall be pursuant to the
31 interagency agreement.
32 (d) Upon the annual approval of the interagency
33 agreement, the State Board of Education shall provide grants
34 to eligible programs for supplemental activities to improve
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1 or expand services under the Adult Education Act. Eligible
2 programs shall be determined based upon performance outcomes
3 of students in the programs as set forth in the interagency
4 agreement.
5 (e) Reimbursement under this Section shall not exceed
6 the actual costs of the approved program.
7 If the amount appropriated to the State Board of
8 Education for reimbursement under this Section is less than
9 the amount required under this Act, the apportionment shall
10 be proportionately reduced.
11 School districts and community college districts may
12 assess students up to $3.00 per credit hour, for classes
13 other than Adult Basic Education level programs, if needed to
14 meet program costs.
15 (f) An education plan shall be established for each
16 adult or youth whose schooling has been interrupted and who
17 is participating in the instructional programs provided under
18 this Section.
19 Each school board and community college shall keep an
20 accurate and detailed account of the students assigned to and
21 receiving instruction under this Section who are subject to
22 State reimbursement and shall submit reports of services
23 provided commencing with fiscal year 1997 as required in the
24 interagency agreement.
25 For classes authorized under this Section, a credit hour
26 or unit of instruction is equal to 15 hours of direct
27 instruction for students enrolled in approved adult education
28 programs at midterm and making satisfactory progress, in
29 accordance with standards jointly established by the State
30 Board of Education and the Illinois Community College Board
31 as set forth in the interagency agreement.
32 (g) Upon proof submitted to the Illinois Department of
33 Human Services of the payment of all claims submitted under
34 this Section, that Department shall apply for federal funds
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1 made available therefor and any federal funds so received
2 shall be paid into the General Revenue Fund in the State
3 Treasury.
4 School districts or community colleges providing classes
5 under this Section shall submit applications to the State
6 Board of Education for preapproval in accordance with the
7 standards jointly established by the State Board of Education
8 and the Illinois Community College Board as set forth in the
9 interagency agreement. Payments shall be made by the State
10 Board of Education based upon approved programs. Interim
11 expenditure reports may be required by the State Board of
12 Education as set forth in the interagency agreement. Final
13 claims for the school year shall be submitted to the regional
14 superintendents for transmittal to the State Board of
15 Education as set forth in the interagency agreement. Final
16 adjusted payments shall be made by September 30.
17 If a school district or community college district fails
18 to provide, or is providing unsatisfactory or insufficient
19 classes under this Section, the State Board of Education may
20 enter into agreements with public or private educational or
21 other agencies other than the public schools for the
22 establishment of such classes. However, the authority of the
23 State Board of Education to enter into an agreement with a
24 nonprofit community-based organization or agency under which
25 that organization or agency agrees to establish and maintain
26 special classes for the instruction of persons and youths
27 described in subsection (a) shall not be dependent upon a
28 failure to provide or an unsatisfactory or insufficient
29 provision of such classes by a school district or community
30 college district, and the State Board of Education may enter
31 into an agreement with such a nonprofit community-based
32 organization or agency to establish and maintain such special
33 classes, if the agreement and the organization's or entity's
34 receipt of grant funds thereunder are based upon those
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1 performance standards and outcomes that are developed under
2 this Section for determining grants to school districts and
3 community college districts.
4 (h) If a school district or community college district
5 establishes child-care facilities for the children of
6 participants in classes established under this Section, it
7 may extend the use of these facilities to students who have
8 obtained employment and to other persons in the community
9 whose children require care and supervision while the parent
10 or other person in charge of the children is employed or
11 otherwise absent from the home during all or part of the day.
12 It may make the facilities available before and after as well
13 as during regular school hours to school age and preschool
14 age children who may benefit thereby, including children who
15 require care and supervision pending the return of their
16 parent or other person in charge of their care from
17 employment or other activity requiring absence from the home.
18 The State Board of Education shall pay to the board the
19 cost of care in the facilities for any child who is a
20 recipient of financial aid under The Illinois Public Aid
21 Code.
22 The board may charge for care of children for whom it
23 cannot make claim under the provisions of this Section. The
24 charge shall not exceed per capita cost, and to the extent
25 feasible, shall be fixed at a level which will permit
26 utilization by employed parents of low or moderate income.
27 It may also permit any other State or local governmental
28 agency or private agency providing care for children to
29 purchase care.
30 After July 1, 1970 when the provisions of Section
31 10-20.20 become operative in the district, children in a
32 child-care facility shall be transferred to the kindergarten
33 established under that Section for such portion of the day as
34 may be required for the kindergarten program, and only the
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1 prorated costs of care and training provided in the Center
2 for the remaining period shall be charged to the Illinois
3 Department of Human Services or other persons or agencies
4 paying for such care.
5 (i) The provisions of this Section shall also apply to
6 school districts having a population exceeding 500,000.
7 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
8 90-14, eff. 7-1-97; 90-548, eff. 1-1-98.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.