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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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