SB0237sam002 99TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/14/2016

09900SB0237sam002 LRB099 03151 MLM 47432 a

AMENDMENT TO SENATE BILL 237

AMENDMENT NO. ______. Amend Senate Bill 237 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Course Equity Act.

Section 5. Definitions. In this Act:

"BHE" means the Board of Higher Education.

"Core course" means English/Language Arts I, English/Language Arts II, English/Language Arts III, English/Language Arts IV, AP English Language and Composition or an equivalent dual credit course, English/Literature, and AP English Literature and Composition or an equivalent dual credit course for English Language Arts courses as defined in the State Board's secondary course catalog; Integrated Math I, Integrated Math II, Integrated Math III, General Math, Pre-Algebra, Algebra I, Geometry, Algebra II, Trigonometry, Precalculus, Calculus, AP Calculus AB or an equivalent dual credit course, and AP Calculus BC or an equivalent dual credit course for Mathematics courses as defined in the State Board's secondary course catalog; Biology, AP Biology or an equivalent dual credit course, Chemistry, AP Chemistry or an equivalent dual credit course, Physics, and AP Physics or an equivalent dual credit course for Life and Physical Science courses as defined in the State Board's secondary course catalog; World History, AP World History or an equivalent dual credit course, U.S. History, AP U.S. History or an equivalent dual credit course, Political Science, Civics, U.S. Government, and AP U.S. Government and Politics or an equivalent dual credit course for Social Sciences and History courses as defined in the State Board's secondary course catalog; Spanish I, Spanish II, Spanish III, Spanish IV, and AP Spanish Language or an equivalent dual credit course for Foreign Language and Literature courses as defined in the State Board's secondary course catalog; Computer Programming, Computer Operations and Programming I, Computer Operations and Programming II, Visual Basic Programming, C++ Programming, Java Programming, Computer Programming - Other Language, Computer Science, AP Computer Science A or an equivalent dual credit course, and AP Computer Science AB or an equivalent dual credit course for Computer and Information Sciences as defined in the State Board's secondary course catalog; Precision Metal Production I, Precision Metal Production II, Machine Shop Technology I, Machine Shop Technology II, Welding Technology I, Welding Technology II, Industrial Maintenance I, and Industrial Maintenance II for Manufacturing courses as defined in the State Board's secondary course catalog; or Electrical Systems I, Electrical Systems II, Electrical Trades I, Electrical Trades II, Industrial Electronics I, and Industrial Electronics II for Architecture and Construction courses as defined in the State Board's secondary course catalog.

"Course Equity Catalog" means the website developed for the State Board that provides a listing of all courses authorized and available to students in this State, detailed information about the courses to inform student enrollment decisions, and the ability for students to submit their course enrollments. The data in this catalog must be published online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web-search applications. As used in this definition, "open format" means one that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information.

"Course Equity Program" means the program established under this Act.

"Community colleges" means community colleges as defined in the Public Community College Act.

"Course provider" means an entity authorized by the State Board to offer individual courses, including, but not limited to, public or private secondary education institutions, education service agencies, private for-profit or not-for-profit providers, postsecondary education institutions, and career and technical course providers.

"Eligible funded student" means any eligible participating student who is currently enrolled in a public school, including a charter school.

"Eligible participating student" means any student in grades kindergarten through 12 who resides in this State.

"ICCB" means the Illinois Community College Board.

"State Board" means the State Board of Education.

"School" means a public school included in the definition of "public schools" as defined in the School Code.

Section 10. Enrollment. An eligible participating student may enroll in Course Equity Program courses. An eligible funded student may enroll in Course Equity Program courses only if the courses the student wants to enroll in are not offered at the student's school. An eligible funded student may enroll in Course Equity Program courses up to the following level:

(1) Unlimited for core courses.

(2) At the discretion of the eligible funded student's school for non-core courses. The families of eligible funded students and eligible participating students may pay to enroll in Course Equity Program courses above the levels specified in this Section.

Public schools where eligible funded students are enrolled full-time may review enrollment requests to ensure courses are academically appropriate and logistically feasible, keep the student on track for an on-time graduation, and do not extend a student beyond a full-time course load. Public schools may only reject core course enrollment requests for those reasons. Public schools must complete the review and denial process within 5 days after the student enrolls in the course. Public schools shall inform students and families at the time of denial of their right to appeal any enrollment denials in Course Equity Program courses to their school district's school board, which shall provide a final enrollment decision within 7 calendar days after the appeal hearing.

Section 15. Course provider authorization process. The State Board shall:

(1) establish an authorization process for non-dual credit course providers that may include multiple opportunities for submission each year;

(2) not later than 90 calendar days from the initial submission date, authorize course providers that:

(A) meet the criteria established under Section 20 of this Act; and

(B) provide courses that offer the instructional rigor and scope required under Section 25 of this Act;

(3) not later than 90 calendar days from the initial submission date, provide a written explanation to any course providers that are denied; if a course provider is denied authorization, the provider may apply again in the future; and

(4) publish the process established under Section 20 of this Act, including any deadlines and any guidelines applicable to the submission and authorization process for providers.

If the State Board determines that there are insufficient funds available for evaluating and authorizing course providers and administering the Course Equity Program, it may charge applicant providers a fee up to, but no greater than, the amount of the costs in order to ensure that evaluation, authorization, and administration of the Course Equity Program occurs.

The ICCB shall establish a separate authorization process for dual credit courses offered by community colleges. The BHE shall establish a separate authorization process for dual credit courses offered by public and private universities. The ICCB and BHE shall collaborate and establish authorization processes that are identical to the extent practicable.

If the ICCB or BHE determines that there are insufficient funds available for evaluating and authorizing course providers and administering the Course Equity Program, it may charge applicant providers a fee up to, but no greater than, the amount of the costs in order to ensure that evaluation, authorization, and administration of the Course Equity Program occurs.

Section 20. Course provider authorization criteria. To be authorized to offer a course through the Course Equity Program, a provider must:

(1) comply with all applicable antidiscrimination provisions, as well as applicable State and federal student data privacy provisions, such as the federal Family Educational Rights and Privacy Act;

(2) provide an assurance that all online information and resources for courses are fully accessible for students of all abilities, including that:

(A) all of the courses submitted for approval are reviewed to ensure they meet legal accessibility standards;

(B) the provider has policies and activities to ensure its organizational and course websites meet accessibility requirements; and

(C) the provider has no gateway exam or test in which a specific score is required to participate in Course Equity Program courses beyond completion of prerequisite coursework or demonstrated mastery of prerequisite material;

(3) demonstrate either:

(A) prior evidence of delivering quality outcomes for students, as demonstrated by completion rates, student level growth, proficiency, or other quantifiable outcomes; or

(B) for a course provider applying to offer a subject or grade level for the first time, a detailed justification, in a manner determined by the State Board, ICCB, or BHE, as applicable, of how its organization's subject matter, instructional, or technical expertise will lead to successful outcomes for students;

(4) ensure instructional and curricular quality through a detailed curriculum and student performance accountability plan that aligns with and measures student attainment of relevant State academic standards or other relevant standards in courses without State academic standards; and

(5) provide assurances that the course provider shall electronically provide, in a manner and format determined by the State Board, ICCB, or BHE, as applicable, a detailed student record of enrollment, performance, completion, and grading information with the school systems where eligible participating students are enrolled full time.

A provider offering dual credit courses shall be exempt from item (C) of paragraph (2) of this Section.

Section 25. Course quality reviews. The State Board shall establish a course review and approval process for non-dual credit providers. The process may be implemented by the State Board or by an entity designated by the State Board. The ICCB and BHE shall collaborate and establish course review and approval processes for dual credit courses that are identical to the extent practicable. In order to be approved and added to the Course Equity Catalog, a course must:

(1) be, at a minimum, the equivalent in instructional rigor and scope to a course that is provided in a traditional classroom setting;

(2) be aligned to relevant State academic standards or industry standards;

(3) possess an assessment component for determining student proficiency, as well as student growth if applicable; and

(4) be designed and implemented consistently with standards established by the State Board.

Section 30. Provider and course monitoring and reauthorization.

(a) The initial authorization of the course provider and approved courses shall be for a period of one year.

(b) Providers must annually report, in such a manner as directed by the State Board or by the ICCB and BHE if they are a dual credit provider:

(1) student enrollment data, including ethnic, income, and gender demographics;

(2) student outcomes, growth measures if available, proficiency rates, and completion rates for each subject area and grade level; and

(3) student and parental feedback on overall satisfaction and quality.

(c) After the first year of the initial authorization period, the State Board shall conduct a thorough review of the course provider's activities and the academic performance of the students enrolled in courses offered by the course provider.

(d) If the performance of the students enrolled in courses offered by the course provider does not meet agreed-upon performance standards at any time, the course provider shall be placed on probation and be required to submit a plan for improvement. The State Board, ICCB, or BHE, as applicable, shall determine the terms of probation, specifically including the results the course provider must achieve to return to good standing. Course providers shall have a minimum of 90 days to achieve the results indicated in their terms of probation. The State Board, ICCB, or BHE, as applicable, shall, at their sole discretion, determine if the course provider has met the specified results required for the course provider to return to good standing. If a course provider fails to return to good standing within the timeframe cited in its terms of probation, the State Board, ICCB, or BHE, as applicable, may terminate its status as a course provider. A course provider terminated as a result of being put on probation may not reapply to become a course provider.

(e) After the initial one year authorization period, the State Board, ICCB, or BHE may reauthorize the course provider for additional periods of up to 3 years after thorough review of the course provider's activities and the achievement of students enrolled in courses offered by the course provider.

(f) The State Board, ICCB, or BHE may exclude a course provided by an authorized provider at any time if the State Board, ICCB, or BHE, as applicable, determines that:

(1) the course is no longer adequately aligned with State academic standards;

(2) the course no longer provides a detailed and quality curriculum and accountability plan; or

(3) the course fails to deliver outcomes as measured by course completion, proficiency, or student academic growth on State or nationally accepted assessments.

Section 35. Interstate course reciprocity. The State Board, ICCB, or BHE may enter into a reciprocity agreement with other states for the purpose of authorizing and approving high quality providers and courses for the Course Equity Program and the operation of the Course Equity Catalog.

Section 40. Responsibilities of State Board, ICCB, and BHE.

(a) The State Board shall:

(1) publish the criteria required under Section 20 of this Act for courses that may be offered through the Course Equity Program;

(2) be responsible for creating the Course Equity Catalog;

(3) publish a link to the Course Equity Catalog in a prominent location on the State Board's website, which shall include a listing of courses offered by authorized providers available through the Course Equity Program, a detailed description of the courses, and any available student completion and outcome data;

(4) establish and publish a timeframe or specific dates by which students are able to withdraw from a course provided through the Course Equity Program without the student, school district, or course provider incurring a penalty; and

(5) maintain on the State Board's official website, in a prominent location, an informed choice report; each report under this Section must:

(A) be updated within 30 calendar days after additional provider authorizations;

(B) describe each course offered through the Course Equity Program and include information such as course requirements and the school year calendar for the course, including any options for continued participation outside of the standard school year calendar;

(C) include student and parental comments and feedback as detailed under Section 30 of this Act; and

(D) be published online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web-search applications; an open format shall be one that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information.

(b) The ICCB shall:

(1) publish the criteria required under Section 20 of this Act for dual credit courses offered by community colleges through the Course Equity Program;

(2) publish a link to the Course Equity Catalog in a prominent location on the ICCB's website, which shall include a listing of courses offered by authorized providers available through the Course Equity Program, a detailed description of the courses, and any available student completion and outcome data;

(3) establish and publish a timeframe or specific dates by which students are able to withdraw from a course provided through the Course Equity Program without the student, school district, or course provider incurring a penalty; and

(4) maintain on the ICCB's official website, in a prominent location, an informed choice report as previously outlined in this Section.

(c) The BHE shall:

(1) publish the criteria required under Section 20 of this Act for dual credit courses offered by public and private universities and colleges through the Course Equity Program;

(2) publish a link to the Course Equity Catalog in a prominent location on the BHE's website, which shall include a listing of courses offered by authorized providers available through the Course Equity Program, a detailed description of the courses, and any available student completion and outcome data;

(3) establish and publish a timeframe or specific dates by which students are able to withdraw from a course provided through the Course Equity Program without the student, school district, or course provider incurring a penalty; and

(4) maintain on the BHE's official website, in a prominent location, an informed choice report as previously outlined in this Section.

(d) The State Board, ICCB, and BHE shall jointly submit an annual report on the Course Equity Program and the participation of entities to the Governor and the General Assembly. The report shall, at a minimum, include the following information:

(1) the annual number of students participating in courses authorized under this Act and the total number of courses students are enrolled in;

(2) the number of authorized providers;

(3) the number of authorized courses and the number of students enrolled in each course;

(4) the number of courses available by subject;

(5) the number of students enrolled in courses by subject; and

(6) student outcome data, including completion rates, student learning gains, and student performance on State or nationally accepted assessments, by subject and grade level by provider; this outcome data must be published in a manner that protects student privacy.

The State Board, ICCB, and BHE shall note any data not yet available at the time of submission and when the data will become available and include the data in future reports. The report and underlying data shall also be published online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web-search applications. An open format shall be one that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information.

Section 45. Responsibilities of school district. A school district shall:

(1) notify students and parents, as part of any course enrollment period or process, of the availability of Course Equity Program courses in correspondence that is written in simple and accurate language;

(2) publish information and eligibility guidelines on the school's and school district's website; and

(3) establish policies and procedures whereby, for each eligible participating student, credits earned through the course provider shall appear on each student's official transcript and count fully toward the requirements of any approved diploma.

The State Board shall adopt rules necessary to implement this Section, including, but not limited to, the requirements of school districts whose students enroll in courses offered by authorized course providers.

Section 50. Funding. Per-course tuition shall be determined as follows:

(1) After a provider is authorized to provide courses by the State Board, ICCB, or BHE, as applicable, it shall submit sealed bids to the State Board, ICCB, or BHE, as applicable, for courses it wants to provide.

(2) Each sealed bid shall include 3 components:

(A) total price, which is the total price the provider wants to charge for the course;

(B) base pay, which is the minimum percentage of the total price the provider is willing to receive for the course; and

(C) performance pay, which is the percentage of the total price the provider is willing to receive based on its performance.

(3) The State Board, ICCB, or BHE, as applicable, shall review bids according to quality criteria outlined in Section 25 of this Act.

(4) If the State Board, ICCB, or BHE, as applicable, believes the first sets of bids do not represent what it believes to be a fair value for a course, it may ask approved providers to submit new bids. Such bids shall take the same form as the initial sealed bids.

Transfers of course payments shall be made by the school district in which the student resides to the authorized course provider. A course provider shall receive payment only for the courses in which an eligible funded student is enrolled. The remaining funds for each student shall remain with the school district in which the student is enrolled full time.

A course provider shall accept the amount agreed to by the course provider and the State Board, ICCB, or BHE, as applicable, as total tuition and fees for the eligible funded student. A course provider may charge tuition to an eligible participating student up to the amount agreed to by the course provider and the State Board.

Performance shall be measured based on student outcomes, including course completion, results from independent end-of-course exams, Advanced Placement exams, receipt of industry-recognized credentials, receipt of credit from institutions of higher education, or other externally validated measures. If a course provider does not meet its performance benchmarks as agreed to by the provider and the State Board, ICCB, or BHE, as applicable, the State Board shall return all remaining funds to the school district of the eligible funded student that enrolled in the course. Eligible participating students shall receive a similar refund from the State Board for any courses they enrolled in.

Section 55. Course Equity Fund.

(a) The Course Equity Fund is created as a special fund in the State treasury. All money in the fund shall be used by the State Board to assist school districts in paying for eligible participating students' enrollment in core courses offered through the Course Equity Program at the following levels:

(1) For students attending schools in school districts subject to the Alternate Method or Foundation formula, according to the following formula: the cost of the Course Equity Program course multiplied by 100% less the school district's low-income concentration.

(2) For students attending schools in school districts subject to the Flat Grant formula, no assistance may be offered.

(b) Subject to the State Officials and Employees Ethics Act, the State Board is authorized to receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this Section. Funds received under this subsection (b) must be deposited into the Course Equity Fund.

Section 60. Transportation. School district, parental, and personal transportation costs for student transportation to and from Course Equity Program courses shall be redeemable under Section 120.30 of Title 23 of the Illinois Administrative Code.

Section 65. Rules. The State Board may adopt any rules necessary to implement this Act.

Section 90. The State Finance Act is amended by adding Section 5.875 as follows:

(30 ILCS 105/5.875 new)

Sec. 5.875. The Course Equity Fund.

Section 99. Effective date. This Act takes effect January 1, 2017.".