Public Act 0516 102ND GENERAL ASSEMBLY

HB3950 Enrolled LRB102 12547 CMG 17885 b

Public Act 102-0516

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 14-8.03 as follows:

(105 ILCS 5/14-8.03) (from Ch. 122, par. 14-8.03)

Sec. 14-8.03. Transition services.

(a) For purposes of this Section: ,

"Independent living skills" may include, without limitation, personal hygiene, health care, fitness, food preparation and nutrition, home management and safety, dressing and clothing care, financial management and wellness, self-esteem, self-advocacy, self-determination, community living, housing options, public safety, leisure and recreation, and transportation.

"Transition transition services" means a coordinated set of activities for a child with a disability that (i) is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, which may include for-credit courses, career and technical education, and non-credit courses and instruction, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (ii) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and (iii) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills, benefits counseling and planning, work incentives education, and the provision of a functional vocational evaluation. Transition services for a child with a disability may be special education, if provided as specially designed instruction, or a related service if required to assist a child with a disability to benefit from special education.

(a-5) Beginning no later than the first individualized education plan (IEP) in effect when the student turns age 14 1/2 (or younger if determined appropriate by the IEP Team) and updated annually thereafter, the IEP must include (i) measurable post-secondary goals based upon age-appropriate transition assessments and other information available regarding the student that are related to training, education, employment, and independent living skills and (ii) the transition services needed to assist the student in reaching those goals, including courses of study.

As a component of transition planning, the school district shall provide the student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities. The CTE information shall include a list of programming options, the scope and sequence of study for pursuing those options, and the locations of those options. A student in high school with an IEP may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals.

(b) Transition planning must be conducted as part of the IEP process and must be governed by the procedures applicable to the development, review, and revision of the IEP, including notices to the parents and student, parent and student participation, and annual review. To appropriately assess and develop IEP transition goals and transition services for a child with a disability, additional participants may be necessary and may be invited by the school district, parent, or student to participate in the transition planning process. Additional participants may include without limitation a representative from the Department of Human Services or another State agency, a case coordinator, or persons representing other public or community agencies or services, such as adult service providers, disability services coordinators of or public community colleges, and a CTE coordinator. The IEP shall identify each person responsible for coordinating and delivering transition services. If the IEP team determines that the student requires transition services from a public or private entity outside of the school district, the IEP team shall identify potential outside resources, assign one or more IEP team members to contact the appropriate outside entities, make the necessary referrals, provide any information and documents necessary to complete the referral, follow up with the entity to ensure that the student has been successfully linked to the entity, and monitor the student's progress to determine if the student's IEP transition goals and benchmarks are being met. The student's IEP shall indicate one or more specific time periods during the school year when the IEP team shall review the services provided by the outside entity and the student's progress in such activities. The public school's responsibility for delivering educational services does not extend beyond the time the student leaves school or when the student's eligibility ends due to age under this Article.

(c) A school district shall submit annually a summary of each eligible student's IEP transition goals and transition services resulting from the IEP Team meeting to the appropriate local Transition Planning Committee. If students with disabilities who are ineligible for special education services request transition services, local public school districts shall assist those students by identifying post-secondary school goals, delivering appropriate education services, and coordinating with other agencies and services for assistance.

(Source: P.A. 98-517, eff. 8-22-13.)

Section 10. The Dual Credit Quality Act is amended by changing Section 16 and by adding Section 40 as follows:

(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.

A school district may offer any course identified in the Illinois Articulation Initiative General Education Core Curriculum package under the Illinois Articulation Initiative Act 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.

(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), 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.

(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.

(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, 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.

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. 100-1049, eff. 1-1-19.)

(110 ILCS 27/40 new)

Sec. 40. Students with disabilities. Within one year after the effective date of this amendatory Act of the 102nd General Assembly, each community college district in this State, in partnership with the appropriate high schools, shall modify its dual credit plan to ensure access to dual credit courses by students with disabilities consistent with Section 16 of this Act. The partnership agreement shall address how a high school and community college district will ensure the incorporation of an individualized education program or supplementary aids and accommodations pursuant to a Section 504 plan under the federal Rehabilitation Act of 1973 for students with disabilities who enroll in dual credit courses.

Section 15. The Public Community College Act is amended by adding Section 3-29.14 as follows:

(110 ILCS 805/3-29.14 new)

Sec. 3-29.14. Students with disabilities.

(a) Each community college district shall provide access to higher education for students with disabilities, including, but not limited to, students with intellectual or developmental disabilities. Each community college is encouraged to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student's abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations, including general education courses, career and technical education, vocational training, continuing education certificates, individualized learning paths, and life skills courses for students with disabilities.

(b) Each community college is strongly encouraged to have its disability services coordinator or the coordinator's representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student's individualized education program team, including the student and the student's parent or guardian, about the community college and the availability of courses and programs at the community college.

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

Effective Date: 8/20/2021