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92nd General Assembly

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Public Act 92-0042

HB1096 Enrolled                               LRB9201896NTtmB

    AN ACT concerning alternative learning opportunities.

    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
Sections 2-3.33a, 3-15.12, and 26-2 and by adding Article 13B
as follows:

    (105 ILCS 5/2-3.33a)
    Sec. 2-3.33a.  Audit adjustments prohibited;  alternative
education  program.   The  State Board of Education shall not
make audit adjustments to general State aid  claims  paid  in
fiscal  years 1999, 2000, 2001, and 2002, and 2003 based upon
the claimant's failure to provide a minimum of 5 clock  hours
of  daily instruction to students in an alternative education
program or based upon the claimant's provision of service  to
non-resident  students  in  an  alternative education program
without charging  tuition,  provided  that  the  non-resident
students  were  enrolled in the alternative education program
on or before April 1, 2000.
(Source: P.A. 91-844, eff. 6-22-00.)

    (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
    Sec. 3-15.12.  High school equivalency  testing  program.
The  regional  superintendent of schools shall make available
for qualified individuals residing within the region  a  High
School  Equivalency  Testing  Program.  For  that purpose the
regional  superintendent  alone  or   with   other   regional
superintendents  may establish and supervise a testing center
or centers to administer the secure forms of the high  school
level  Test  of  General Educational Development to qualified
persons.  Such centers shall be under the supervision of  the
regional  superintendent  in  whose  region  such centers are
located, subject to the approval of the State  Superintendent
of Education.
    An  individual  is  eligible  to  apply  to  the regional
superintendent of schools for the region in which he  resides
if  he  is: (a) a person who is 18 years of age or older, has
maintained residence in the State of Illinois and  is  not  a
high  school  graduate,  but  whose  high  school  class  has
graduated;  (b)  a  member  of the armed forces of the United
States on active duty who is 17 years of age or older and who
is stationed in Illinois or is a legal resident of  Illinois;
(c)  a  ward of the Department of Corrections who is 17 years
of age or older or an inmate confined in any  branch  of  the
Illinois  State  Penitentiary  or  in  a  county correctional
facility who is 17 years of age or older; (d) a female who is
17 years of age or older  who  is  unable  to  attend  school
because  she  is either pregnant or the mother of one or more
children; (e) a male 17 years of age or older who  is  unable
to  attend  school  because  he  is  a  father of one or more
children; (f) a person  who  is  successfully  completing  an
alternative   education  program  under  Section  2-3.81,  or
Article 13A, or Article 13B; (g) a person who is enrolled  in
a  youth education program sponsored by the Illinois National
Guard; or (h) a person who is 17 years of age  or  older  who
has  been  a  dropout  for a period of at least one year. For
purposes of this Section, residence is that abode  which  the
applicant  considers  his  home.  Applicants  may  provide as
sufficient proof of such residence a  picture  identification
card  and  two  pieces  of correctly addressed and postmarked
mail. Such regional superintendent  shall  determine  if  the
applicant meets statutory and regulatory state standards.  If
qualified the applicant shall at the time of such application
pay  a fee established by the State Board of Education, which
fee shall be paid into a special fund under the  control  and
supervision  of  the  regional  superintendent.   Such moneys
received by the regional superintendent shall be used, first,
for the expenses incurred in administering  and  scoring  the
examination, and next for other educational programs that are
developed  and  designed  by  the  regional superintendent of
schools to assist those who successfully  complete  the  high
school   level  test  of  General  Education  Development  in
furthering their academic development  or  their  ability  to
secure  and retain gainful employment, including programs for
the competitive award based on  test  scores  of  college  or
adult  education  scholarship  grants  or similar educational
incentives.   Any  excess  moneys  shall  be  paid  into  the
institute fund.
    Any  applicant  who  has  achieved  the  minimum  passing
standards as established by  the  State  Board  of  Education
shall  be  notified in writing by the regional superintendent
and shall be issued a high school equivalency certificate  on
the  forms provided by the State Superintendent of Education.
The regional superintendent shall then certify to the  Office
of  the  State  Superintendent  of Education the score of the
applicant and such other and additional information that  may
be  required  by  the State Superintendent of Education.  The
moneys received therefrom shall be used in the same manner as
provided for in this Section.
    Any applicant who has attained the age of  18  years  and
maintained  residence  in  the State of Illinois and is not a
high  school  graduate  but  whose  high  school  class   has
graduated  or  any  ward of the Department of Corrections who
has attained the age of 17 years, any inmate confined in  any
branch  of  the  Illinois  State  Penitentiary or in a county
correctional facility who has attained the age of  17  years,
or  any  member  of  the armed forces of the United States on
active duty who has attained the age of 17 years and  who  is
stationed  in Illinois or is a legal resident of Illinois, or
any female who has attained the age of 17 years and is either
pregnant or the mother of one or more children, or  any  male
who has attained the age of 17 years and is the father of one
or   more  children,  or  any  person  who  has  successfully
completed an  alternative  education  program  under  Section
2-3.81,  or  Article  13A,  or  Article  13B  and  meets  the
requirements  prescribed  by the State Board of Education, is
eligible to apply for a high school  equivalency  certificate
upon  showing  evidence  that he has completed, successfully,
the high school level General Educational Development  Tests,
administered  by  the  United  States Armed Forces Institute,
official GED Centers  established  in  other  states,  or  at
Veterans' Administration Hospitals or the office of the State
Superintendent  of  Education  administered  for the Illinois
State Penitentiary System and the Department of  Corrections.
Such  applicant shall apply to the regional superintendent of
the region wherein he  has  maintained  residence,  and  upon
payment  of a fee established by the State Board of Education
the  regional  superintendent  shall  issue  a  high   school
equivalency  certificate,  and immediately thereafter certify
to the State Superintendent of Education  the  score  of  the
applicant and such other and additional information as may be
required by the State Superintendent of Education.
    Notwithstanding  the  provisions  of  this  Section,  any
applicant  who  has  been out of school for at least one year
may  request  the  regional  superintendent  of  schools   to
administer  the  restricted GED test upon written request of:
The director of a program who certifies to the Chief Examiner
of an official GED center that the applicant has completed  a
program  of  instruction provided by such agencies as the Job
Corps, the Postal Service Academy or apprenticeship  training
program;  an  employer  or  program  director for purposes of
entry into apprenticeship programs; another State  Department
of Education in order to meet regulations established by that
Department  of  Education,  a  post  high  school educational
institution for purposes  of  admission,  the  Department  of
Professional  Regulation for licensing purposes, or the Armed
Forces for induction purposes.  The  regional  superintendent
shall  administer  such  test  and  the  applicant  shall  be
notified  in  writing  that  he  is  eligible  to receive the
Illinois High School Equivalency  Certificate  upon  reaching
age  18,  provided  he meets the standards established by the
State Board of Education.
    Any test administered under this Section to an  applicant
who  does  not  speak  and  understand  English  may  at  the
discretion  of the administering agency be given and answered
in any language in which the test is  printed.  The  regional
superintendent of schools may waive any fees required by this
Section in case of hardship.
    In   counties   of   over   3,000,000  population  a  GED
certificate issued on or after July 1, 1994 shall contain the
signatures of the  State  Superintendent  of  Education,  the
superintendent, president or other chief executive officer of
the  institution where GED instruction occurred and any other
signatures  authorized  by  the   State   Superintendent   of
Education.
(Source: P.A.  89-273,  eff.  1-1-96;  89-358,  eff.  1-1-96;
89-626,  eff.  8-9-96;  89-629,  eff.  8-9-96;  90-643,  eff.
7-24-98.)

    (105 ILCS 5/Art. 13B heading new)
      ARTICLE 13B.  ALTERNATIVE LEARNING OPPORTUNITIES

    (105 ILCS 5/13B-1 new)
    Sec.  13B-1.  Short  title.  This Article may be cited as
the Alternative Learning Opportunities Law.

    (105 ILCS 5/13B-5 new)
    Sec. 13B-5.  Legislative findings and declarations.   The
General Assembly finds and declares the following:
         (1)  It   is   the  responsibility  of  each  school
    district to provide educational support for every student
    to meet Illinois Learning Standards.
         (2)  School districts need flexibility and financial
    support to assist  local  schools  in  their  efforts  to
    provide  students  with  educational  and  other services
    needed  for   students   to   successfully   master   the
    curriculum.
         (3)  Alternative   education   in   this  State  has
    traditionally   provided   student-centered   curriculum,
    social  services,  and  other  support  needed  to   help
    students succeed.
         (4)  Standards-based reform requires a comprehensive
    approach  to  alternative  education to ensure that every
    student has the opportunity to meet the State's  rigorous
    learning standards.
         (5)  While  school  districts  operating alternative
    learning opportunities  programs  must  comply  with  all
    applicable  State  and  federal  laws  and  rules,  these
    districts  should  do  so in a manner consistent with the
    goals and policies stated in this Article.

    (105 ILCS 5/13B-10 new)
    Sec. 13B-10.  Purpose.  The purpose of this Article is to
specify the requirements for  the  operation  of  alternative
learning   opportunities  programs,  which  are  intended  to
provide  students  at  risk  of  academic  failure  with  the
education  and  support  services  needed  to  meet  Illinois
Learning Standards and to  complete  their  education  in  an
orderly,  safe,  and  secure  learning  environment. Services
provided under this Article should be provided  in  a  manner
that    addresses    individual   learning   styles,   career
development,  and  social  needs  to   enable   students   to
successfully complete their education.

    (105 ILCS 5/13B-15 new)
    Sec.  13B-15.  Definitions.   In  this Article, words and
phrases have the meanings set forth in the following Sections
preceding Section 13B-20 of this Code.

    (105 ILCS 5/13B-15.5 new)
    Sec. 13B-15.5.  State Board.   "State  Board"  means  the
State Board of Education.

    (105 ILCS 5/13B-15.10 new)
    Sec.  13B-15.10.  Student  at  risk  of academic failure.
"Student at risk of academic failure" means a student at risk
of  not  meeting  the  Illinois  Learning  Standards  or  not
graduating  from  elementary   or   high   school   and   who
demonstrates   a  need  for  educational  support  or  social
services beyond that provided by the regular school  program.
Such students are eligible for services up to the age of 21.

    (105 ILCS 5/13B-15.15 new)
    Sec.  13B-15.15.  Student Success Plan.  "Student Success
Plan" means a plan based on  an  assessment  of  a  student's
educational  and  social  functioning  and  skills  and  that
establishes goals and objectives for satisfactory performance
in  an  alternative learning opportunities program.  The Plan
must (i) specify the curriculum and instructional methods  to
be  used  in improving the student's educational performance,
(ii) outline the support services needed to  remove  barriers
to  learning,  (iii)  specify,  when  appropriate, the career
development experiences the student will receive  to  enhance
his  or her career awareness, (iv) set objectives to ensure a
successful transition back to the regular school  program  or
to  post-secondary  educational  options, and (v) outline the
student's responsibilities under the Plan.

    (105 ILCS 5/13B-15.20 new)
    Sec. 13B-15.20.  Support  services.   "Support  services"
include  alcohol  and drug rehabilitation; individual, group,
and family counseling; mentoring; tutoring; school physicals;
health  and  nutrition  education;  classroom  aides;  career
counseling; child care; and  any  other  social,  health,  or
supplemental  service approved as part of the Student Success
Plan that is required by students for their academic success.

    (105 ILCS 5/13B-20 new)
    Sec. 13B-20.  Alternative learning opportunities program.
An alternative learning opportunities program shall provide a
flexible standards-based learning environment, innovative and
varied   instructional   strategies,    a    student-centered
curriculum, social programs, and supplemental social, health,
and  support  services to improve the educational achievement
of students at risk of academic failure.

    (105 ILCS 5/13B-20.5 new)
    Sec.   13B-20.5.  Eligible   activities   and   services.
Alternative  learning  opportunities  programs  may   include
without  limitation  evening  high school, in-school tutoring
and mentoring programs, in-school suspension  programs,  high
school  completion programs to assist high school dropouts in
completing  their  education,  support   services,   parental
involvement  programs,  and  programs to develop, enhance, or
extend the transition for students transferring back  to  the
regular  school  program,  an  adult  education program, or a
post-secondary education program.

    (105 ILCS 5/13B-20.10 new)
    Sec. 13B-20.10.  Who may establish and operate  programs.
School   districts   may   establish   alternative   learning
opportunities  programs or may contract with regional offices
of education, intermediate service centers, public  community
colleges, non-profit or for-profit education providers, youth
service  agencies,  community-based  organizations,  or other
appropriate  entities  to  establish   alternative   learning
opportunities  programs  within  the public school system and
provide a range of  alternative  learning  opportunities  for
those students in the State who do not meet Illinois Learning
Standards.   Districts  may  individually operate alternative
learning opportunities programs or may collaborate with 2  or
more  districts  or one or more regional offices of education
or both or with intermediate service centers  to  create  and
operate alternative learning opportunities programs.

    (105 ILCS 5/13B-20.15 new)
    Sec.  13B-20.15.  Other eligible providers of alternative
learning opportunities.  School districts may  contract  with
health,   mental  health,  or  human  service  organizations,
workforce development  boards  or  agencies,  juvenile  court
services,   juvenile  justice  agencies,  juvenile  detention
programs, programs operated by the Department of Corrections,
or other  appropriate  agencies  or  organizations  to  serve
students  whose needs are not being met in the regular school
program by providing alternative learning opportunities.

    (105 ILCS 5/13B-20.20 new)
    Sec. 13B-20.20.  Enrollment in other  programs.   General
Educational Development preparation programs are not eligible
for  funding  under  this Article.  A student may enroll in a
program approved under  Section  18-8.05  of  this  Code,  as
appropriate,   or   attend   both  the  alternative  learning
opportunities program  and  the  regular  school  program  to
enhance    student   performance   and   facilitate   on-time
graduation.

    (105 ILCS 5/13B-20.25 new)
    Sec. 13B-20.25.  Eligible students.  Students in grades 4
through 12 who meet enrollment criteria  established  by  the
school  district  and  who meet the definition of "student at
risk of academic failure" are eligible to participate  in  an
alternative  learning opportunities program funded under this
Article. All rights granted under this Article to a student's
parent or guardian become exclusively those  of  the  student
upon the student's 18th birthday.

    (105 ILCS 5/13B-20.30 new)
    Sec.  13B-20.30.  Location of program.  A school district
must consider offering an alternative learning  opportunities
program  on-site  in  the  regular  school.   An  alternative
learning  opportunities program may be provided at facilities
separate from the regular school or in  classrooms  elsewhere
on school premises.

    (105 ILCS 5/13B-20.35 new)
    Sec.   13B-20.35.  Transportation  of  students.   School
districts  that  are  required  to   provide   transportation
pursuant   to   Section  29-3  of  this  Code  shall  provide
transportation for students enrolled in alternative  learning
opportunities programs.  Other school districts shall provide
transportation   to   the   same  extent  that  they  provide
transportation to other  students.   A  school  district  may
collaborate  with  the  regional superintendent of schools to
establish a cooperative transportation agreement among school
districts in the region to reduce the costs of transportation
and  to  provide  for  greater  accessibility  for   students
attending alternative learning opportunities programs.
    (105 ILCS 5/13B-25 new)
    Sec.  13B-25.  Eligibility for funding.  The criteria set
forth in the following Sections preceding Section  13B-30  of
this  Code  shall determine the eligibility of an alternative
learning opportunities program for funding.

    (105 ILCS 5/13B-25.5 new)
    Sec. 13B-25.5.  General  standards  for  eligibility  for
funding.  To be eligible for funding, an alternative learning
opportunities   program   must   provide   evidence   of   an
administrative  structure, program activities, program staff,
a budget, and a specific curriculum that is  consistent  with
Illinois  Learning  Standards  but  may be different from the
regular school program in terms of location, length of school
day, program sequence, pace, instructional activities, or any
combination of these.

    (105 ILCS 5/13B-25.10 new)
    Sec.  13B-25.10.  District  policies,   guidelines,   and
procedures;  notification.   Before receiving State funds for
an  alternative  learning  opportunities  program,  a  school
district must adopt policies and guidelines for the admission
and transfer of students to the program and for transitioning
students as appropriate back to the regular school program in
a manner consistent with guidelines  provided  by  the  State
Board.   A school district must adopt policies and procedures
for  the  establishment  of  a   new   alternative   learning
opportunities  program  or for securing State approval for an
existing program.  Any district that plans  to  establish  an
alternative  learning  opportunities  program must notify the
State Superintendent of Education before  enrolling  students
in the program.

    (105 ILCS 5/13B-25.15 new)
    Sec.  13B-25.15.  Planning  process and district plan. To
apply for funding to establish  or  maintain  an  alternative
learning   opportunities  program,  a  school  district  must
initiate a planning process to specify the  type  of  program
needed  by  the  district.  Before submission of the district
plan, the school district  or  consortium  may  apply  for  a
one-year  planning  grant.   The planning process may involve
key education and community stakeholders, such  as  teachers,
administrators, parents, interested members of the community,
and other agencies or organizations as appropriate.

    (105 ILCS 5/13B-25.20 new)
    Sec. 13B-25.20.  Requirements for the district plan.  The
district  plan  must be consistent with the school district's
overall mission and goals and aligned with the  local  school
improvement plans of each participating school.  The district
plan must include all of the following:
         (1)  A  description  of  the  program, including the
    students at  risk  of  academic  failure  to  be  served,
    evidence   of   need,   program  goals,  objectives,  and
    measurable outcomes.
         (2)  A staffing  plan,  including  the  experiences,
    competency,   and   qualifications   of   certified   and
    non-certificated  staff  and emphasizing their individual
    and collective abilities to work with students at risk of
    academic failure.
         (3)  A description and schedule of support  services
    that  will  be  available  to  students  as part of their
    instructional program, including procedures for accessing
    services required for students on an as-needed basis.
         (4)  How  the  district  will  use  grant  funds  to
    improve the educational achievement of students  at  risk
    of academic failure.
         (5)  A detailed program budget that includes sources
    of  funding  to  be  used in conjunction with alternative
    learning  opportunities  grant  funds  and  a  plan   for
    allocating costs to those funds.
         (6)  A   plan   that   outlines   how   funding  for
    alternative learning opportunities  will  be  coordinated
    with   other  State  and  federal  funds  to  ensure  the
    efficient and effective delivery of the program.
         (7)  A description of other sources of  revenue  the
    district will allocate to the program.
         (8)  An  estimate  of the total cost per student for
    the program and an estimate of any gap  between  existing
    revenue  available  for the program and the total cost of
    the program.
         (9)  A description  of  how  parents  and  community
    members will be involved in the program.
         (10)  Policies  and  procedures used by the district
    to grant credit for student work satisfactorily completed
    in the program.
         (11)  How the district will assess students enrolled
    in the  program,  including  how  statewide  testing  for
    students  in  alternative learning opportunities settings
    will be addressed.
         (12)  How students will be admitted to  the  program
    and  how  students will make an effective transition back
    to the regular school program, as appropriate.
         (13)  All    cooperative    and    intergovernmental
    agreements and subcontracts with eligible entities.

    (105 ILCS 5/13B-25.25 new)
    Sec. 13B-25.25.  Testing and assessment.  A district plan
for an alternative learning  opportunities  program  operated
through  a  cooperative  or  intergovernmental agreement must
provide procedures for ensuring that students are included in
the administration of statewide testing  programs.   Students
enrolled  in  an  alternative  learning opportunities program
shall participate in State assessments under  Section  2-3.64
of this Code.

    (105 ILCS 5/13B-25.30 new)
    Sec. 13B-25.30.  Annual update and submission of district
plan.  A district plan must be updated annually and submitted
to the State Board.

    (105 ILCS 5/13B-25.35 new)
    Sec.  13B-25.35.  Regional plan.  Based on district plans
to provide alternative learning opportunities,  the  regional
office  of  education  must submit an annual plan summarizing
the number, needs, and demographics of students  at  risk  of
academic  failure  expected to be served in its region.  This
plan must be updated annually  and  submitted  to  the  State
Board.

    (105 ILCS 5/13B-30 new)
    Sec. 13B-30.  Responsibilities of the State Board; rules.
The  State  Board  has  the responsibilities set forth in the
following Sections preceding Section 13B-35 of this Code. The
State Board may adopt rules as necessary  to  implement  this
Article.

    (105 ILCS 5/13B-30.5 new)
    Sec.   13B-30.5.  Program   assistance,  evaluation,  and
monitoring.  Subject to the availability of State funds,  the
State  Board  is  authorized  to  assist  school districts in
developing    and    implementing    alternative     learning
opportunities  programs  to  meet  the  educational  needs of
students at risk of academic failure.  The State Board  shall
develop  research-based  guidelines  for alternative learning
opportunities  programs,  provide  technical  assistance   to
ensure  the  establishment  of  quality programs aligned with
Illinois Learning Standards, and  contract  for  services  to
conduct  an  annual  statewide  evaluation.   The State Board
shall conduct compliance visits of and monitor  programs,  as
appropriate.    The    State    Board   may   conduct   other
program-related   research   and   planning   projects,    as
appropriate, to enhance student outcomes.

    (105 ILCS 5/13B-30.10 new)
    Sec.   13B-30.10.  Compliance.    The   State   Board  is
responsible  for  ensuring  that  all  alternative   learning
opportunities  programs are in compliance with all applicable
federal and State laws, unless otherwise  specified  in  this
Article.

    (105 ILCS 5/13B-30.15 new)
    Sec.  13B-30.15.  Statewide program evaluation of student
outcomes.  Alternative learning opportunities  programs  must
be  evaluated annually on a statewide basis.  Indicators used
to measure student outcomes for this evaluation  may  include
program completion, elementary school graduation, high school
graduation  or passage of the General Educational Development
test,  attendance,  the  number  of  students   involved   in
work-based learning activities, the number of students making
an  effective  transition  to  the  regular  school  program,
further  education or work, and improvement in the percentage
of students  enrolled  in  the  sending  school  district  or
districts that meet State standards.

    (105 ILCS 5/13B-30.20 new)
    Sec.  13B-30.20.  Suspension  or  revocation  of  program
approval.   The State Board may suspend or revoke approval of
an alternative learning opportunities program under  any  one
of the following conditions:
         (1)  A  failure  to  meet  educational  outcomes  as
    enumerated  in  Section  13B-30.15  of  this  Code and as
    specified in the alternative learning opportunities grant
    agreement for a period of 2 or more consecutive years.
         (2)  A failure to comply with all applicable laws as
    specified in this Code.
         (3)  A  failure  to  comply  with  the   terms   and
    conditions  of  the  alternative  learning  opportunities
    grant.
         (4)  A   failure   to   maintain  financial  records
    according to generally accepted accounting procedures  as
    specified by the State Board.

    (105 ILCS 5/13B-30.25 new)
    Sec.  13B-30.25.  Corrective  action  plan.   For  school
districts  whose  alternative learning opportunities programs
are not making progress in specified  program  outcomes,  the
State  Board  may  require  a  school  district  to  submit a
corrective action plan.

    (105 ILCS 5/13B-30.30 new)
    Sec. 13B-30.30.  Technical assistance  before  suspension
or revocation of funding.  Funding of an alternative learning
opportunities  program may not be suspended or revoked unless
the program has been provided with technical  assistance  and
has had an opportunity to implement a corrective action plan.

    (105 ILCS 5/13B-30.35 new)
    Sec.  13B-30.35.  Recovery of grant funds.  The State may
recover grant funds from school districts  that  consistently
fail  to  improve  student  performance  or  have  failed  to
implement  corrective  actions  to  improve their alternative
learning opportunities programs.
    (105 ILCS 5/13B-30.40 new)
    Sec. 13B-30.40.  Application for funding after suspension
or revocation of program approval. Once approval  to  operate
an alternative learning opportunities program is suspended or
revoked,  the  school district or consortium must reapply for
funding.

    (105 ILCS 5/13B-30.45 new)
    Sec. 13B-30.45.  Administrative support.  The State Board
shall use 1.5% of the State appropriation for the purposes of
this Article to conduct activities related to  the  provision
of    technical    assistance,    professional   development,
evaluations, and compliance monitoring.

    (105 ILCS 5/13B-35 new)
    Sec. 13B-35.  Application to cooperative agreements.  The
provisions set forth  in  the  following  Sections  preceding
Section  13B-40  of this Code apply to cooperative agreements
among alternative learning opportunities program providers.

    (105 ILCS 5/13B-35.5 new)
    Sec. 13B-35.5.  Local governance; cooperative agreements.
For an alternative learning  opportunities  program  operated
jointly  or  offered  under contract, the local governance of
the program shall be established by each local  school  board
through  a  cooperative  or  intergovernmental agreement with
other  school  districts.  Cooperative  agreements   may   be
established  among  regional  offices  of  education,  public
community colleges, community-based organizations, health and
human  service  agencies,  youth  service  agencies, juvenile
court services, the  Department  of  Corrections,  and  other
non-profit   or   for-profit  education  or  support  service
providers as appropriate.  Nothing contained in this  Section
shall   prevent   a   school  district,  regional  office  of
education, or intermediate  service  center  from  forming  a
cooperative  for  the  purpose  of  delivering an alternative
learning opportunities program.

    (105 ILCS 5/13B-35.10 new)
    Sec. 13B-35.10.  Committee of Cooperative Services.   The
State Superintendent of Education shall convene a State-level
Committee  of  Cooperative  Services.   The  Committee  shall
include   representatives   of  the  following  agencies  and
organizations, selected by their respective heads: the Office
of the Governor, the State Board of Education,  the  Illinois
Association  of  Regional  Superintendents  of  Schools,  the
Chicago Public Schools, the Intermediate Service Centers, the
State  Teacher  Certification  Board,  the Illinois Community
College  Board,  the  Department  of  Human   Services,   the
Department  of  Children  and  Family  Services, the Illinois
Principals Association, the Illinois  Education  Association,
the  Illinois  Federation  of Teachers, the Illinois Juvenile
Justice Commission, the Office of the Attorney  General,  the
Illinois    Association   of   School   Administrators,   the
Administrative Office of the Illinois Courts, the  Department
of Corrections, special education advocacy organizations, and
non-profit  and  community-based  organizations,  as  well as
parent representatives and child advocates designated by  the
State Superintendent of Education.

    (105 ILCS 5/13B-35.15 new)
    Sec.   13B-35.15.  Role   of   Committee  of  Cooperative
Services.  The Committee of Cooperative Services shall advise
the  State  Superintendent  of  Education  on  the  statewide
development, implementation, and coordination of  alternative
learning  opportunities  programs.   The Committee shall make
recommendations to the heads of the  various  State  entities
represented  on  the  Committee  to  improve  the educational
outcomes of students at risk of academic failure through  the
coordinated  provision  of  education, health, mental health,
and human services.

    (105 ILCS 5/13B-35.20 new)
    Sec. 13B-35.20.  Operation of  Committee  of  Cooperative
Services.    The  Committee  of  Cooperative  Services  shall
establish its by-laws and procedures, subject to approval  of
the State Superintendent of Education.

    (105 ILCS 5/13B-40 new)
    Sec.  13B-40.  Funding.   The provisions set forth in the
following Sections preceding  Section  13B-45  of  this  Code
apply  to  the  funding of alternative learning opportunities
programs under this Article.

    (105 ILCS 5/13B-40.5 new)
    Sec.  13B-40.5.  Budget.   The  General  Assembly   shall
appropriate  new,  additional  funds to establish alternative
learning opportunities programs throughout the State.

    (105 ILCS 5/13B-40.10 new)
    Sec.  13B-40.10.  Availability  of  grants.    Based   on
available  funding,  the  State  Board  shall  establish  the
maximum amount of funding available for planning grants.  The
remaining  funding  shall be distributed for supplemental and
implementation grants based on available funds, according  to
the  State's  calculated  share of costs in excess of the per
capita cost per student.

    (105 ILCS 5/13B-40.15 new)
    Sec. 13B-40.15.  Limitation to existing programs.  In the
first year of funding under this  Article,  supplemental  and
implementation   grants   shall   be   limited   to  existing
educational programs that meet the guidelines set forth under
this Article.

    (105 ILCS 5/13B-40.20 new)
    Sec. 13B-40.20.  Planning grants.  A planning grant shall
be used to support the costs  associated  with  developing  a
district  plan  for  the  establishment  of a new alternative
learning opportunities program or to  seek  approval  for  an
existing program.  A planning grant is limited to one year.

    (105 ILCS 5/13B-40.25 new)
    Sec.  13B-40.25.  Supplemental  grants.   A  supplemental
grant  shall  be used to significantly extend the services of
an existing alternative  learning  opportunities  program  to
additional  students or to develop a new component to enhance
an existing program.  The State  Board  shall  establish  the
maximum amount of funding available for supplemental grants.

    (105 ILCS 5/13B-40.30 new)
    Sec.      13B-40.30.  Implementation      grants.      An
implementation grant shall be used to support the excess cost
of  instruction  and  support   services   provided   by   an
alternative  learning  opportunities program.  Implementation
grants  shall  be  distributed  based  on  available  funding
grouped according to the per capita costs by school district.
The State Board shall establish the maximum amount of funding
for implementation grants.  In years subsequent to the  first
year  of  funding  under  this Article, implementation grants
shall be continued based  on  completion  of  program  plans,
compliance   with   applicable   State   laws,   and  program
performance  as  measured  by  the  percentage  of   students
achieving one or more specified positive outcomes and overall
progress  in  increasing the percentage of students that meet
State standards in each participating school district.
    (105 ILCS 5/13B-40.35 new)
    Sec.  13B-40.35.  Supplanting  prohibited.    Alternative
learning  opportunities  grants  may  not be used to supplant
existing funds that the student would otherwise  generate  if
in attendance in the regular school program.

    (105 ILCS 5/13B-40.40 new)
    Sec.    13B-40.40.  Cooperative   and   intergovernmental
agreements  funding.    Alternative  learning   opportunities
programs  operating  under a cooperative or intergovernmental
agreement shall  receive  the  total  of  funding  that  each
individual program would be entitled to receive separately.

    (105 ILCS 5/13B-40.45 new)
    Sec.  13B-40.45.  Deobligated  funds.   Within  any given
grant year,  deobligated  funds  shall  be  redistributed  to
existing alternative learning opportunities programs.

    (105 ILCS 5/13B-40.50 new)
    Sec.  13B-40.50.  Supplemental  funding.   An alternative
learning opportunities program may  receive  federal,  State,
and local grants, gifts, and foundation grants to support the
program.

    (105 ILCS 5/13B-45 new)
    Sec.   13B-45.  Days   and   hours   of  attendance.   An
alternative  learning  opportunities  program  shall  provide
students with at least the minimum number of  days  of  pupil
attendance  required under Section 10-19 of this Code and the
minimum number of daily hours of school work  required  under
Section  18-8.05  of this Code, provided that the State Board
may approve exceptions to these requirements if  the  program
meets all of the following conditions:
         (1)  The   district  plan  submitted  under  Section
    13B-25.15  of  this  Code  establishes  that  a   program
    providing   the   required  minimum  number  of  days  of
    attendance or daily hours of school work would not  serve
    the needs of the program's students.
         (2)  Each  day  of attendance shall provide no fewer
    than 3 clock hours  of  school  work,  as  defined  under
    paragraph  (1)  of  subsection  (F) of Section 18-8.05 of
    this Code.
         (3)  Each day of attendance that provides fewer than
    5  clock  hours  of  school  work  shall   also   provide
    supplementary   services,  including  without  limitation
    work-based   learning,   student   assistance   programs,
    counseling, case management, health and fitness programs,
    or life-skills or conflict resolution training, in  order
    to  provide  a  total  daily  program to the student of 5
    clock hours.  A program may claim general State  aid  for
    up  to  2  hours  of  the time each day that a student is
    receiving supplementary services.
         (4)  Each program shall provide no  fewer  than  174
    days  of  actual pupil attendance during the school term;
    however,  approved  evening  programs   that   meet   the
    requirements  of  Section  13B-45  of this Code may offer
    less than 174 days of actual pupil attendance during  the
    school term.

    (105 ILCS 5/13B-50 new)
    Sec.  13B-50.  Eligibility  to receive general State aid.
In order to receive general State aid,  alternative  learning
opportunities   programs   must  meet  the  requirements  for
claiming general State aid as specified in Section 18-8.05 of
this  Code,  with  the  exception  of  the  length   of   the
instructional  day,  which may be less than 5 hours of school
work if the  program  meets  the  criteria  set  forth  under
Sections  13B-50.5  and  13B-50.10  of  this  Code and if the
program is approved by the State Board.

    (105 ILCS 5/13B-50.5 new)
    Sec. 13B-50.5.  Conditions of funding.  If an alternative
learning opportunities program provides  less  than  5  clock
hours  of school work daily, the program must meet guidelines
established by the State Board and must provide supplementary
services, including without limitation  work-based  learning,
student  assistance  programs,  counseling,  case management,
health  and   fitness   programs,   life   skills,   conflict
resolution,  or  service  learning,  that  are  equal  to the
required attendance.

    (105 ILCS 5/13B-50.10 new)
    Sec. 13B-50.10.  Additional criteria  for  general  State
aid.   In  order  to  claim general State aid, an alternative
learning  opportunities  program  must  meet  the   following
criteria:
    (1)  Teacher   professional   development   plans  should
include education in the instruction of at-risk students.
    (2)  Facilities must meet the health,  life,  and  safety
requirements in this Code.
    (3)  The  program  must  comply  with all other State and
federal laws applicable to education providers.

    (105 ILCS 5/13B-50.15 new)
    Sec. 13B-50.15.  Level of funding.  Approved  alternative
learning opportunities programs are entitled to claim general
State   aid,   subject  to  Sections  13B-50,  13B-50.5,  and
13B-50.10  of  this  Code.   Approved  programs  operated  by
regional offices of education are entitled to receive general
State aid at the  foundation  level  of  support.   A  school
district  or  consortium must ensure that an approved program
receives  supplemental  general  State  aid,   transportation
reimbursements,   and   special   education   resources,   if
appropriate, for students enrolled in the program.

    (105 ILCS 5/13B-55 new)
    Sec.   13B-55.  Non-resident  students.   If  one  school
district can more efficiently serve  students  from  multiple
school    districts,   an   approved   alternative   learning
opportunities  program  may   admit   non-resident   students
pursuant  to  the  terms  of  an  intergovernmental agreement
negotiated among participating districts.  The tuition charge
must not be less than 100% nor greater than 110% of  the  per
capita tuition rate for the resident district.

    (105 ILCS 5/13B-60 new)
    Sec.  13B-60.  Enrollment in program.  The provisions set
forth in the following Sections preceding Section  13B-65  of
this  Code  govern  enrollment  in  an  alternative  learning
opportunities program.

    (105 ILCS 5/13B-60.5 new)
    Sec.   13B-60.5.  Request   for   enrollment.   A  school
district that operates an alternative learning  opportunities
program  shall ensure that parents and guardians are aware of
the program and the services  that  the  program  offers.   A
student  may be enrolled in the program only upon the request
of the student or the student's parent or guardian  and  only
after  a  conference under Section 13B-60.10 of this Code has
been held.

    (105 ILCS 5/13B-60.10 new)
    Sec.   13B-60.10.  Parent   conference.    Before   being
enrolled in an alternative  learning  opportunities  program,
the student and each of his or her parents or guardians shall
receive written notice to attend a conference to determine if
the  student  would  benefit  from  attending  an alternative
learning opportunities program.  The conference must  provide
all  of  the information necessary for the student and parent
or guardian to make an informed decision regarding enrollment
in  an  alternative  learning  opportunities   program.   The
conference  shall include a discussion of the extent to which
the student, if enrolled in the program, may  participate  in
school  activities.    No  student  shall  be  enrolled in an
alternative  learning  opportunities  program   without   the
consent of the student's parent or guardian.

    (105 ILCS 5/13B-60.15 new)
    Sec.  13B-60.15.  Review  of  student  progress. A school
district must  regularly  review  the  progress  of  students
enrolled  in an alternative learning opportunities program to
ensure that students may return to the regular school program
as soon as appropriate. Upon request of the student's  parent
or  guardian,  the school district shall review the student's
progress using procedures established by  the  district.    A
student  shall remain in the program only with the consent of
the student's  parent  or  guardian  and  shall  be  promptly
returned  to  the  regular school program upon the request of
the student's parent or guardian.

    (105 ILCS 5/13B-60.20 new)
    Sec.   13B-60.20.  Enrollment   of   special    education
students.   Any  enrollment of a special education student in
an alternative learning  opportunities program must  be  done
only  if  included in the  student's individualized education
plan.  The student's individualized  education plan  must  be
implemented  in  the  program  by  appropriately    certified
personnel.

    (105 ILCS 5/13B-60.25 new)
    Sec. 13B-60.25.  Student Success Plan.  A Student Success
Plan  must  be  developed  for  each  student  enrolled in an
alternative learning opportunities program.  The student  and
his or her parent or guardian must be afforded an opportunity
to participate in the development of this Plan.

    (105 ILCS 5/13B-65 new)
    Sec.  13B-65.  Teacher  certification.   Teachers  with a
valid and active  elementary,  secondary,  or  special  PK-12
Illinois  teaching  certificate  may  teach in an alternative
learning opportunities program.

    (105 ILCS 5/13B-65.5 new)
    Sec.  13B-65.5.  Alternative  learning  credentials   for
teachers.    Certificated teachers may receive an endorsement
or approval in the area of alternative learning.   The  State
Board  shall  establish  teaching  standards  in  alternative
learning that lead to such an endorsement or approval.

    (105 ILCS 5/13B-65.10 new)
    Sec.  13B-65.10.  Continuing professional development for
teachers.  Teachers may receive continuing education units or
continuing professional development  units,  subject  to  the
provisions of Section 13B-65.5 of this Code, for professional
development related to alternative learning.

    (105 ILCS 5/13B-70 new)
    Sec.  13B-70.  Truancy  and  attendance  problems.   If a
student is a chronic or habitual truant as defined in Section
26-2a of this Code or if a child has been ordered  to  attend
school,  the  school  district  may  consider the student for
placement in an alternative  learning  opportunities  program
specifically   designed   to   prevent   truancy,  supplement
instruction for students with attendance problems,  intervene
to decrease chronic truancy, and provide alternatives to high
school  completion.   A  program  operating  pursuant  to the
truants'  alternative  and  optional  education  program  may
contract with a school  district  or  consortium  to  provide
these services.

    (105 ILCS 5/13B-75 new)
    Sec.   13B-75.  Subcontracting.    A   school   district,
regional office of education, or public community college may
contract  with  a non-profit or for-profit educational entity
for  the  delivery  of  services  under  this  Article.   All
educational entities  providing  instructional  services  for
eligible students must be recognized by the State Board.

    (105 ILCS 5/13B-80 new)
    Sec.  13B-80.  Student  credit.   A  school district must
grant academic credit to a student in an alternative learning
opportunities program for  work  completed  at  an  education
provider that is accredited by a regional accrediting body or
recognized  by  the  State Board if the student's performance
meets district standards.

    (105 ILCS 5/13B-85 new)
    Sec. 13B-85.  Test of General Educational Development.  A
student 16 years of age or over who satisfactorily  completes
an  alternative  learning opportunities program in accordance
with school district guidelines and the Student Success  Plan
may take the Test of General Educational Development.


    (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
    Sec.  26-2.   Enrolled  pupils  below  7  or over 16. Any
person having custody or control of a child who is below  the
age  of  7  years  or  above  the  age of 16 years and who is
enrolled in any of grades 1 through 12, in the public  school
shall  cause  him to attend the public school in the district
wherein he resides when it is in session during  the  regular
school  term unless he is excused under paragraphs 2, 3, 4 or
5 of Section 26-1.
    A  school  district  shall  deny  reenrollment   in   its
secondary  schools to any child above the age of 16 years who
has dropped out of school and who could not, because  of  age
and  lack of credits, attend classes during the normal school
year and graduate before his or her twenty-first birthday.  A
district  may,  however,  enroll  the child in an alternative
learning opportunities program established under Article 13B.
No child shall be denied reenrollment for the  above  reasons
unless the school district first offers the child due process
as  required in cases of expulsion under Section 10-22.6.  If
a child is denied reenrollment after being provided with  due
process,  the school district must provide counseling to that
child and must direct that child to  alternative  educational
programs,  including  adult  education programs, that lead to
graduation or receipt of a GED  diploma.   No  child  may  be
denied  reenrollment  in  violation  of  the Individuals with
Disabilities Education Act or the Americans with Disabilities
Act.
(Source: P.A. 88-199; 88-555, eff. 7-27-94.)

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2002.
                            INDEX
           Statutes amended in order of appearance
                          SEE INDEX
105 ILCS 5/3-15.12        from Ch. 122, par. 3-15.12
105 ILCS 5/Art. 13B heading new
105 ILCS 5/13B-1 new
105 ILCS 5/13B-5 new
105 ILCS 5/13B-10 new
105 ILCS 5/13B-15 new
105 ILCS 5/13B-15.5 new
105 ILCS 5/13B-15.10 new
105 ILCS 5/13B-15.15 new
105 ILCS 5/13B-15.20 new
105 ILCS 5/13B-15.25 new
105 ILCS 5/13B-20 new
105 ILCS 5/13B-20.5 new
105 ILCS 5/13B-20.10 new
105 ILCS 5/13B-20.15 new
105 ILCS 5/13B-20.20 new
105 ILCS 5/13B-20.25 new
105 ILCS 5/13B-20.30 new
105 ILCS 5/13B-20.35 new
105 ILCS 5/13B-20.40 new
105 ILCS 5/13B-25 new
105 ILCS 5/13B-25.5 new
105 ILCS 5/13B-25.10 new
105 ILCS 5/13B-25.15 new
105 ILCS 5/13B-25.20 new
105 ILCS 5/13B-25.25 new
105 ILCS 5/13B-25.30 new
105 ILCS 5/13B-25.35 new
105 ILCS 5/13B-30 new
105 ILCS 5/13B-30.5 new
105 ILCS 5/13B-30.10 new
105 ILCS 5/13B-30.15 new
105 ILCS 5/13B-30.20 new
105 ILCS 5/13B-30.25 new
105 ILCS 5/13B-30.30 new
105 ILCS 5/13B-30.35 new
105 ILCS 5/13B-30.40 new
105 ILCS 5/13B-30.45 new
105 ILCS 5/13B-35 new
105 ILCS 5/13B-35.5 new
105 ILCS 5/13B-35.10 new
105 ILCS 5/13B-35.15 new
105 ILCS 5/13B-35.20 new
105 ILCS 5/13B-40 new
105 ILCS 5/13B-40.5 new
105 ILCS 5/13B-40.10 new
105 ILCS 5/13B-40.15 new
105 ILCS 5/13B-40.20 new
105 ILCS 5/13B-40.25 new
105 ILCS 5/13B-40.30 new
105 ILCS 5/13B-40.35 new
105 ILCS 5/13B-40.40 new
105 ILCS 5/13B-40.45 new
105 ILCS 5/13B-40.50 new
105 ILCS 5/13B-45 new
105 ILCS 5/13B-50 new
105 ILCS 5/13B-50.5 new
105 ILCS 5/13B-50.10 new
105 ILCS 5/13B-50.15 new
105 ILCS 5/13B-55 new
105 ILCS 5/13B-60 new
105 ILCS 5/13B-60.5 new
105 ILCS 5/13B-60.10 new
105 ILCS 5/13B-60.15 new
105 ILCS 5/13B-60.20 new
105 ILCS 5/13B-60.25 new
105 ILCS 5/13B-60.30 new
105 ILCS 5/13B-60.35 new
105 ILCS 5/13B-60.40 new
105 ILCS 5/13B-65 new
105 ILCS 5/13B-65.5 new
105 ILCS 5/13B-65.10 new
105 ILCS 5/13B-70 new
105 ILCS 5/13B-75 new
105 ILCS 5/13B-80 new
105 ILCS 5/13B-85 new
105 ILCS 5/26-2           from Ch. 122, par. 26-2
    Passed in the General Assembly May 24, 2001.
    Approved June 29, 2001.
    Effective January 01, 2002.

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