Sen. Kimberly A. Lightford

Filed: 4/14/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 237

2    AMENDMENT NO. ______. Amend Senate Bill 237 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Course Equity Act.
 
6    Section 5. Definitions. In this Act:
7    "BHE" means the Board of Higher Education.
8    "Core course" means English/Language Arts I,
9English/Language Arts II, English/Language Arts III,
10English/Language Arts IV, AP English Language and Composition
11or an equivalent dual credit course, English/Literature, and AP
12English Literature and Composition or an equivalent dual credit
13course for English Language Arts courses as defined in the
14State Board's secondary course catalog; Integrated Math I,
15Integrated Math II, Integrated Math III, General Math,
16Pre-Algebra, Algebra I, Geometry, Algebra II, Trigonometry,

 

 

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1Precalculus, Calculus, AP Calculus AB or an equivalent dual
2credit course, and AP Calculus BC or an equivalent dual credit
3course for Mathematics courses as defined in the State Board's
4secondary course catalog; Biology, AP Biology or an equivalent
5dual credit course, Chemistry, AP Chemistry or an equivalent
6dual credit course, Physics, and AP Physics or an equivalent
7dual credit course for Life and Physical Science courses as
8defined in the State Board's secondary course catalog; World
9History, AP World History or an equivalent dual credit course,
10U.S. History, AP U.S. History or an equivalent dual credit
11course, Political Science, Civics, U.S. Government, and AP U.S.
12Government and Politics or an equivalent dual credit course for
13Social Sciences and History courses as defined in the State
14Board's secondary course catalog; Spanish I, Spanish II,
15Spanish III, Spanish IV, and AP Spanish Language or an
16equivalent dual credit course for Foreign Language and
17Literature courses as defined in the State Board's secondary
18course catalog; Computer Programming, Computer Operations and
19Programming I, Computer Operations and Programming II, Visual
20Basic Programming, C++ Programming, Java Programming, Computer
21Programming - Other Language, Computer Science, AP Computer
22Science A or an equivalent dual credit course, and AP Computer
23Science AB or an equivalent dual credit course for Computer and
24Information Sciences as defined in the State Board's secondary
25course catalog; Precision Metal Production I, Precision Metal
26Production II, Machine Shop Technology I, Machine Shop

 

 

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1Technology II, Welding Technology I, Welding Technology II,
2Industrial Maintenance I, and Industrial Maintenance II for
3Manufacturing courses as defined in the State Board's secondary
4course catalog; or Electrical Systems I, Electrical Systems II,
5Electrical Trades I, Electrical Trades II, Industrial
6Electronics I, and Industrial Electronics II for Architecture
7and Construction courses as defined in the State Board's
8secondary course catalog.
9    "Course Equity Catalog" means the website developed for the
10State Board that provides a listing of all courses authorized
11and available to students in this State, detailed information
12about the courses to inform student enrollment decisions, and
13the ability for students to submit their course enrollments.
14The data in this catalog must be published online in an open
15format that can be retrieved, downloaded, indexed, and searched
16by commonly used web-search applications. As used in this
17definition, "open format" means one that is platform
18independent, machine readable, and made available to the public
19without restrictions that would impede the reuse of that
20information.
21    "Course Equity Program" means the program established
22under this Act.
23    "Community colleges" means community colleges as defined
24in the Public Community College Act.
25    "Course provider" means an entity authorized by the State
26Board to offer individual courses, including, but not limited

 

 

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1to, public or private secondary education institutions,
2education service agencies, private for-profit or
3not-for-profit providers, postsecondary education
4institutions, and career and technical course providers.
5    "Eligible funded student" means any eligible participating
6student who is currently enrolled in a public school, including
7a charter school.
8    "Eligible participating student" means any student in
9grades kindergarten through 12 who resides in this State.
10    "ICCB" means the Illinois Community College Board.
11    "State Board" means the State Board of Education.
12    "School" means a public school included in the definition
13of "public schools" as defined in the School Code.
 
14    Section 10. Enrollment. An eligible participating student
15may enroll in Course Equity Program courses. An eligible funded
16student may enroll in Course Equity Program courses only if the
17courses the student wants to enroll in are not offered at the
18student's school. An eligible funded student may enroll in
19Course Equity Program courses up to the following level:
20        (1) Unlimited for core courses.
21        (2) At the discretion of the eligible funded student's
22    school for non-core courses.
23The families of eligible funded students and eligible
24participating students may pay to enroll in Course Equity
25Program courses above the levels specified in this Section.

 

 

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1    Public schools where eligible funded students are enrolled
2full-time may review enrollment requests to ensure courses are
3academically appropriate and logistically feasible, keep the
4student on track for an on-time graduation, and do not extend a
5student beyond a full-time course load. Public schools may only
6reject core course enrollment requests for those reasons.
7Public schools must complete the review and denial process
8within 5 days after the student enrolls in the course. Public
9schools shall inform students and families at the time of
10denial of their right to appeal any enrollment denials in
11Course Equity Program courses to their school district's school
12board, which shall provide a final enrollment decision within 7
13calendar days after the appeal hearing.
 
14    Section 15. Course provider authorization process. The
15State Board shall:
16        (1) establish an authorization process for non-dual
17    credit course providers that may include multiple
18    opportunities for submission each year;
19        (2) not later than 90 calendar days from the initial
20    submission date, authorize course providers that:
21            (A) meet the criteria established under Section 20
22        of this Act; and
23            (B) provide courses that offer the instructional
24        rigor and scope required under Section 25 of this Act;
25        (3) not later than 90 calendar days from the initial

 

 

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1    submission date, provide a written explanation to any
2    course providers that are denied; if a course provider is
3    denied authorization, the provider may apply again in the
4    future; and
5        (4) publish the process established under Section 20 of
6    this Act, including any deadlines and any guidelines
7    applicable to the submission and authorization process for
8    providers.
9    If the State Board determines that there are insufficient
10funds available for evaluating and authorizing course
11providers and administering the Course Equity Program, it may
12charge applicant providers a fee up to, but no greater than,
13the amount of the costs in order to ensure that evaluation,
14authorization, and administration of the Course Equity Program
15occurs.
16    The ICCB shall establish a separate authorization process
17for dual credit courses offered by community colleges. The BHE
18shall establish a separate authorization process for dual
19credit courses offered by public and private universities. The
20ICCB and BHE shall collaborate and establish authorization
21processes that are identical to the extent practicable.
22    If the ICCB or BHE determines that there are insufficient
23funds available for evaluating and authorizing course
24providers and administering the Course Equity Program, it may
25charge applicant providers a fee up to, but no greater than,
26the amount of the costs in order to ensure that evaluation,

 

 

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1authorization, and administration of the Course Equity Program
2occurs.
 
3    Section 20. Course provider authorization criteria. To be
4authorized to offer a course through the Course Equity Program,
5a provider must:
6        (1) comply with all applicable antidiscrimination
7    provisions, as well as applicable State and federal student
8    data privacy provisions, such as the federal Family
9    Educational Rights and Privacy Act;
10        (2) provide an assurance that all online information
11    and resources for courses are fully accessible for students
12    of all abilities, including that:
13            (A) all of the courses submitted for approval are
14        reviewed to ensure they meet legal accessibility
15        standards;
16            (B) the provider has policies and activities to
17        ensure its organizational and course websites meet
18        accessibility requirements; and
19            (C) the provider has no gateway exam or test in
20        which a specific score is required to participate in
21        Course Equity Program courses beyond completion of
22        prerequisite coursework or demonstrated mastery of
23        prerequisite material;
24        (3) demonstrate either:
25            (A) prior evidence of delivering quality outcomes

 

 

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1        for students, as demonstrated by completion rates,
2        student level growth, proficiency, or other
3        quantifiable outcomes; or
4            (B) for a course provider applying to offer a
5        subject or grade level for the first time, a detailed
6        justification, in a manner determined by the State
7        Board, ICCB, or BHE, as applicable, of how its
8        organization's subject matter, instructional, or
9        technical expertise will lead to successful outcomes
10        for students;
11        (4) ensure instructional and curricular quality
12    through a detailed curriculum and student performance
13    accountability plan that aligns with and measures student
14    attainment of relevant State academic standards or other
15    relevant standards in courses without State academic
16    standards; and
17        (5) provide assurances that the course provider shall
18    electronically provide, in a manner and format determined
19    by the State Board, ICCB, or BHE, as applicable, a detailed
20    student record of enrollment, performance, completion, and
21    grading information with the school systems where eligible
22    participating students are enrolled full time.
23    A provider offering dual credit courses shall be exempt
24from item (C) of paragraph (2) of this Section.
 
25    Section 25. Course quality reviews. The State Board shall

 

 

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1establish a course review and approval process for non-dual
2credit providers. The process may be implemented by the State
3Board or by an entity designated by the State Board. The ICCB
4and BHE shall collaborate and establish course review and
5approval processes for dual credit courses that are identical
6to the extent practicable. In order to be approved and added to
7the Course Equity Catalog, a course must:
8        (1) be, at a minimum, the equivalent in instructional
9    rigor and scope to a course that is provided in a
10    traditional classroom setting;
11        (2) be aligned to relevant State academic standards or
12    industry standards;
13        (3) possess an assessment component for determining
14    student proficiency, as well as student growth if
15    applicable; and
16        (4) be designed and implemented consistently with
17    standards established by the State Board.
 
18    Section 30. Provider and course monitoring and
19reauthorization.
20    (a) The initial authorization of the course provider and
21approved courses shall be for a period of one year.
22    (b) Providers must annually report, in such a manner as
23directed by the State Board or by the ICCB and BHE if they are a
24dual credit provider:
25        (1) student enrollment data, including ethnic, income,

 

 

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1    and gender demographics;
2        (2) student outcomes, growth measures if available,
3    proficiency rates, and completion rates for each subject
4    area and grade level; and
5        (3) student and parental feedback on overall
6    satisfaction and quality.
7    (c) After the first year of the initial authorization
8period, the State Board shall conduct a thorough review of the
9course provider's activities and the academic performance of
10the students enrolled in courses offered by the course
11provider.
12    (d) If the performance of the students enrolled in courses
13offered by the course provider does not meet agreed-upon
14performance standards at any time, the course provider shall be
15placed on probation and be required to submit a plan for
16improvement. The State Board, ICCB, or BHE, as applicable,
17shall determine the terms of probation, specifically including
18the results the course provider must achieve to return to good
19standing. Course providers shall have a minimum of 90 days to
20achieve the results indicated in their terms of probation. The
21State Board, ICCB, or BHE, as applicable, shall, at their sole
22discretion, determine if the course provider has met the
23specified results required for the course provider to return to
24good standing. If a course provider fails to return to good
25standing within the timeframe cited in its terms of probation,
26the State Board, ICCB, or BHE, as applicable, may terminate its

 

 

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1status as a course provider. A course provider terminated as a
2result of being put on probation may not reapply to become a
3course provider.
4    (e) After the initial one year authorization period, the
5State Board, ICCB, or BHE may reauthorize the course provider
6for additional periods of up to 3 years after thorough review
7of the course provider's activities and the achievement of
8students enrolled in courses offered by the course provider.
9    (f) The State Board, ICCB, or BHE may exclude a course
10provided by an authorized provider at any time if the State
11Board, ICCB, or BHE, as applicable, determines that:
12        (1) the course is no longer adequately aligned with
13    State academic standards;
14        (2) the course no longer provides a detailed and
15    quality curriculum and accountability plan; or
16        (3) the course fails to deliver outcomes as measured by
17    course completion, proficiency, or student academic growth
18    on State or nationally accepted assessments.
 
19    Section 35. Interstate course reciprocity. The State
20Board, ICCB, or BHE may enter into a reciprocity agreement with
21other states for the purpose of authorizing and approving high
22quality providers and courses for the Course Equity Program and
23the operation of the Course Equity Catalog.
 
24    Section 40. Responsibilities of State Board, ICCB, and BHE.

 

 

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1    (a) The State Board shall:
2        (1) publish the criteria required under Section 20 of
3    this Act for courses that may be offered through the Course
4    Equity Program;
5        (2) be responsible for creating the Course Equity
6    Catalog;
7        (3) publish a link to the Course Equity Catalog in a
8    prominent location on the State Board's website, which
9    shall include a listing of courses offered by authorized
10    providers available through the Course Equity Program, a
11    detailed description of the courses, and any available
12    student completion and outcome data;
13        (4) establish and publish a timeframe or specific dates
14    by which students are able to withdraw from a course
15    provided through the Course Equity Program without the
16    student, school district, or course provider incurring a
17    penalty; and
18        (5) maintain on the State Board's official website, in
19    a prominent location, an informed choice report; each
20    report under this Section must:
21            (A) be updated within 30 calendar days after
22        additional provider authorizations;
23            (B) describe each course offered through the
24        Course Equity Program and include information such as
25        course requirements and the school year calendar for
26        the course, including any options for continued

 

 

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1        participation outside of the standard school year
2        calendar;
3            (C) include student and parental comments and
4        feedback as detailed under Section 30 of this Act; and
5            (D) be published online in an open format that can
6        be retrieved, downloaded, indexed, and searched by
7        commonly used web-search applications; an open format
8        shall be one that is platform independent, machine
9        readable, and made available to the public without
10        restrictions that would impede the reuse of that
11        information.
12    (b) The ICCB shall:
13        (1) publish the criteria required under Section 20 of
14    this Act for dual credit courses offered by community
15    colleges through the Course Equity Program;
16        (2) publish a link to the Course Equity Catalog in a
17    prominent location on the ICCB's website, which shall
18    include a listing of courses offered by authorized
19    providers available through the Course Equity Program, a
20    detailed description of the courses, and any available
21    student completion and outcome data;
22        (3) establish and publish a timeframe or specific dates
23    by which students are able to withdraw from a course
24    provided through the Course Equity Program without the
25    student, school district, or course provider incurring a
26    penalty; and

 

 

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1        (4) maintain on the ICCB's official website, in a
2    prominent location, an informed choice report as
3    previously outlined in this Section.
4    (c) The BHE shall:
5        (1) publish the criteria required under Section 20 of
6    this Act for dual credit courses offered by public and
7    private universities and colleges through the Course
8    Equity Program;
9        (2) publish a link to the Course Equity Catalog in a
10    prominent location on the BHE's website, which shall
11    include a listing of courses offered by authorized
12    providers available through the Course Equity Program, a
13    detailed description of the courses, and any available
14    student completion and outcome data;
15        (3) establish and publish a timeframe or specific dates
16    by which students are able to withdraw from a course
17    provided through the Course Equity Program without the
18    student, school district, or course provider incurring a
19    penalty; and
20        (4) maintain on the BHE's official website, in a
21    prominent location, an informed choice report as
22    previously outlined in this Section.
23    (d) The State Board, ICCB, and BHE shall jointly submit an
24annual report on the Course Equity Program and the
25participation of entities to the Governor and the General
26Assembly. The report shall, at a minimum, include the following

 

 

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1information:
2        (1) the annual number of students participating in
3    courses authorized under this Act and the total number of
4    courses students are enrolled in;
5        (2) the number of authorized providers;
6        (3) the number of authorized courses and the number of
7    students enrolled in each course;
8        (4) the number of courses available by subject;
9        (5) the number of students enrolled in courses by
10    subject; and
11        (6) student outcome data, including completion rates,
12    student learning gains, and student performance on State or
13    nationally accepted assessments, by subject and grade
14    level by provider; this outcome data must be published in a
15    manner that protects student privacy.
16    The State Board, ICCB, and BHE shall note any data not yet
17available at the time of submission and when the data will
18become available and include the data in future reports. The
19report and underlying data shall also be published online in an
20open format that can be retrieved, downloaded, indexed, and
21searched by commonly used web-search applications. An open
22format shall be one that is platform independent, machine
23readable, and made available to the public without restrictions
24that would impede the reuse of that information.
 
25    Section 45. Responsibilities of school district. A school

 

 

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1district shall:
2        (1) notify students and parents, as part of any course
3    enrollment period or process, of the availability of Course
4    Equity Program courses in correspondence that is written in
5    simple and accurate language;
6        (2) publish information and eligibility guidelines on
7    the school's and school district's website; and
8        (3) establish policies and procedures whereby, for
9    each eligible participating student, credits earned
10    through the course provider shall appear on each student's
11    official transcript and count fully toward the
12    requirements of any approved diploma.
13    The State Board shall adopt rules necessary to implement
14this Section, including, but not limited to, the requirements
15of school districts whose students enroll in courses offered by
16authorized course providers.
 
17    Section 50. Funding. Per-course tuition shall be
18determined as follows:
19        (1) After a provider is authorized to provide courses
20    by the State Board, ICCB, or BHE, as applicable, it shall
21    submit sealed bids to the State Board, ICCB, or BHE, as
22    applicable, for courses it wants to provide.
23        (2) Each sealed bid shall include 3 components:
24            (A) total price, which is the total price the
25        provider wants to charge for the course;

 

 

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1            (B) base pay, which is the minimum percentage of
2        the total price the provider is willing to receive for
3        the course; and
4            (C) performance pay, which is the percentage of the
5        total price the provider is willing to receive based on
6        its performance.
7        (3) The State Board, ICCB, or BHE, as applicable, shall
8    review bids according to quality criteria outlined in
9    Section 25 of this Act.
10        (4) If the State Board, ICCB, or BHE, as applicable,
11    believes the first sets of bids do not represent what it
12    believes to be a fair value for a course, it may ask
13    approved providers to submit new bids. Such bids shall take
14    the same form as the initial sealed bids.
15    Transfers of course payments shall be made by the school
16district in which the student resides to the authorized course
17provider. A course provider shall receive payment only for the
18courses in which an eligible funded student is enrolled. The
19remaining funds for each student shall remain with the school
20district in which the student is enrolled full time.
21    A course provider shall accept the amount agreed to by the
22course provider and the State Board, ICCB, or BHE, as
23applicable, as total tuition and fees for the eligible funded
24student. A course provider may charge tuition to an eligible
25participating student up to the amount agreed to by the course
26provider and the State Board.

 

 

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1    Performance shall be measured based on student outcomes,
2including course completion, results from independent
3end-of-course exams, Advanced Placement exams, receipt of
4industry-recognized credentials, receipt of credit from
5institutions of higher education, or other externally
6validated measures. If a course provider does not meet its
7performance benchmarks as agreed to by the provider and the
8State Board, ICCB, or BHE, as applicable, the State Board shall
9return all remaining funds to the school district of the
10eligible funded student that enrolled in the course. Eligible
11participating students shall receive a similar refund from the
12State Board for any courses they enrolled in.
 
13    Section 55. Course Equity Fund.
14    (a) The Course Equity Fund is created as a special fund in
15the State treasury. All money in the fund shall be used by the
16State Board to assist school districts in paying for eligible
17participating students' enrollment in core courses offered
18through the Course Equity Program at the following levels:
19        (1) For students attending schools in school districts
20    subject to the Alternate Method or Foundation formula,
21    according to the following formula: the cost of the Course
22    Equity Program course multiplied by 100% less the school
23    district's low-income concentration.
24        (2) For students attending schools in school districts
25    subject to the Flat Grant formula, no assistance may be

 

 

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1    offered.
2    (b) Subject to the State Officials and Employees Ethics
3Act, the State Board is authorized to receive and expend gifts,
4grants, and donations of any kind from any public or private
5entity to carry out the purposes of this Section. Funds
6received under this subsection (b) must be deposited into the
7Course Equity Fund.
 
8    Section 60. Transportation. School district, parental, and
9personal transportation costs for student transportation to
10and from Course Equity Program courses shall be redeemable
11under Section 120.30 of Title 23 of the Illinois Administrative
12Code.
 
13    Section 65. Rules. The State Board may adopt any rules
14necessary to implement this Act.
 
15    Section 90. The State Finance Act is amended by adding
16Section 5.875 as follows:
 
17    (30 ILCS 105/5.875 new)
18    Sec. 5.875. The Course Equity Fund.
 
19    Section 99. Effective date. This Act takes effect January
201, 2017.".