State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]

91_HB4266

 
                                               LRB9111628NTks

 1        AN ACT in relation to adult education.

 2        WHEREAS,  The General Assembly, concerned about Illinois'
 3    workforce preparedness in this era of  low  unemployment  and
 4    increased  reliance  on new American immigrants to meet labor
 5    needs, wants adult education and adult literacy  programs  to
 6    be   planned   and   administered  to  help  individuals  and
 7    businesses meet the challenges of severe labor shortages; and

 8        WHEREAS, Meeting the State's employment needs requires  a
 9    high  priority  on  developing  the basic skills of adults to
10    read, write, compute, speak English, learn  new  job  skills,
11    complete   occupational  training,  and  gain  employment  or
12    advance on the job; and

13        WHEREAS, Adult education and adult literacy programs  are
14    supported by federal, State, and local investment; and

15        WHEREAS, The federal Workforce Investment Act of 1998 and
16    House Resolution 304 of this 91st General Assembly draw adult
17    education  into  close partnership with workforce development
18    and  postsecondary  education  to  benefit  individuals   and
19    businesses; and

20        WHEREAS,   the   General   Assembly  finds  the  need  to
21    strengthen the dynamic  relationship  between  education  and
22    workforce development to provide employers with a much needed
23    expanded  pool  of  better  qualified  employees,  to  reduce
24    duplication  of  administrative  functions to help streamline
25    the operation of State government and increase efficiency and
26    coordination, and to enable Illinois adults in need to  learn
27    to  function  more  effectively in society and the workplace;
28    therefore

29        Be it enacted by the People of  the  State  of  Illinois,
30    represented in the General Assembly:
 
                            -2-                LRB9111628NTks
 1        Section  5.  The  School  Code  is  amended  by  changing
 2    Sections  2-3.101, 10-22.20, and 10-22.20b and adding Section
 3    10-22.19a as follows:

 4        (105 ILCS 5/2-3.101) (from Ch. 122, par. 2-3.101)
 5        Sec. 2-3.101.  Adult education.  All funding for services
 6    provided under the federal Adult Education Act shall be  open
 7    for  direct  funding  access  to public and private nonprofit
 8    agencies.  The State  Board  of  Education  or  the  Illinois
 9    Community  College  Board,  pursuant  to  the transfer of the
10    State Board of Education's powers and  duties  under  Section
11    1-4  of  the  Adult  Education Act, shall establish a general
12    competitive selection process and  evaluate  adult  education
13    programs  based  upon federal rules and regulations under the
14    federal Adult Education Act.
15    (Source: P.A. 87-209; 87-895.)

16        (105 ILCS 5/10-22.19a new)
17        Sec. 10-22.19a.  Adult education; transfer of powers  and
18    duties.  On  July 1, 2001, all powers and duties of the State
19    Board of Education  under  Section  10-22.20  of  this  Code,
20    related  grants  and contracts, and Section 10-22.20b of this
21    Code shall be transferred to the Illinois  Community  College
22    Board,  and  references  to  the  State Board of Education in
23    Sections 10-22.20 and 10-22.20b of this Code shall be  deemed
24    to refer to the Illinois Community College Board.  All rules,
25    standards,  and  procedures  adopted  by  the  State Board of
26    Education under Section 10-22.20 or 10-22.20b  of  this  Code
27    shall  continue  in  effect  as  the  rules,  standards,  and
28    procedures  of  the  Illinois  Community College Board, until
29    they are modified by the Illinois  Community  College  Board.
30    In  order  to effect an orderly transition, from July 1, 2000
31    until July 1,  2001,  the  State  Board  of  Education  shall
32    coordinate  administration of Sections 10-22.20 and 10-22.20b
 
                            -3-                LRB9111628NTks
 1    of this Code with the Illinois Community College Board.

 2        (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
 3        Sec.  10-22.20.  Classes  for  adults  and  youths  whose
 4    schooling  has  been  interrupted;   conditions   for   State
 5    reimbursement; use of child care facilities.
 6        (a)  To establish special classes for the instruction (1)
 7    of  persons  of age 21 years or over, and (2) of persons less
 8    than age 21 and not otherwise in attendance in public school,
 9    for the purpose of providing adults  in  the  community,  and
10    youths  whose  schooling  has  been  interrupted,  with  such
11    additional  basic  education,  vocational skill training, and
12    other instruction as  may  be  necessary  to  increase  their
13    qualifications  for employment or other means of self-support
14    and their ability to meet their responsibilities as  citizens
15    including  courses  of  instruction  regularly  accepted  for
16    graduation   from   elementary   or   high  schools  and  for
17    Americanization and General  Educational  Development  Review
18    classes.
19        The  board  shall  pay  the  necessary  expenses  of such
20    classes out of school funds of the district, including  costs
21    of  student  transportation  and such facilities or provision
22    for child-care as may be necessary in  the  judgment  of  the
23    board  to  permit  maximum  utilization  of  the  courses  by
24    students  with  children,  and  other  special  needs  of the
25    students directly related to such instruction.  The  expenses
26    thus  incurred  shall  be  subject to State reimbursement, as
27    provided in this Section.   The  board  may  make  a  tuition
28    charge  for persons taking instruction who are not subject to
29    State reimbursement, such tuition charge not  to  exceed  the
30    per capita cost of such classes.
31        The  cost  of  such instruction, including the additional
32    expenses  herein  authorized,  incurred  for  recipients   of
33    financial  aid  under  the  Illinois  Public Aid Code, or for
 
                            -4-                LRB9111628NTks
 1    persons  for  whom  education  and  training  aid  has   been
 2    authorized  under  Section 9-8 of that Code, shall be assumed
 3    in its entirety from funds appropriated by the State  to  the
 4    Illinois Community College Board State Board of Education.
 5        (b)  The  State  Board  of  Education  and  the  Illinois
 6    Community   College   Board  shall  annually  enter  into  an
 7    interagency  agreement  to  implement  this   Section.    The
 8    Illinois  Community College Board interagency agreement shall
 9    establish  the  standards  for  the  courses  of  instruction
10    reimbursed  under  this  Section.   The  Illinois   Community
11    College  Board  State  Board of Education shall supervise the
12    administration  of  the  programs.   The  Illinois  Community
13    College Board State Board of Education  shall  determine  the
14    cost  of  instruction  in  accordance  with standards jointly
15    established by the State Board of Education and the  Illinois
16    Community  College  Board  as  set  forth  in the interagency
17    agreement, including therein other incidental costs as herein
18    authorized,  which  shall  serve  as  the  basis   of   State
19    reimbursement  in  accordance  with  the  provisions of  this
20    Section. In the approval of programs and the determination of
21    the cost of instruction, the Illinois Community College Board
22    State Board  of  Education  shall  provide  for  the  maximum
23    utilization  of federal funds for such programs. The Illinois
24    Community College Board shall also  provide  for  interagency
25    agreement shall also include:
26             (1)  the development of an index of need for program
27        planning  and for area funding allocations, as defined by
28        the Illinois  Community  College  Board  State  Board  of
29        Education;
30             (2)  the    method    for   calculating   hours   of
31        instruction, as defined by the Illinois Community College
32        Board   State   Board   of   Education,   claimable   for
33        reimbursement and a method to phase  in  the  calculation
34        and  for  adjusting  the  calculations in cases where the
 
                            -5-                LRB9111628NTks
 1        services  of   a   program   are   interrupted   due   to
 2        circumstances beyond the control of the program provider;
 3             (3)  a   plan  for  the  reallocation  of  funds  to
 4        increase the  amount  allocated  for  grants  based  upon
 5        program performance as set forth in subsection (d) below;
 6        and
 7             (4)  the  development  of  standards for determining
 8        grants based upon performance as set forth in  subsection
 9        (d)  below and a plan for the phased-in implementation of
10        those standards.
11        For  instruction  provided  by   school   districts   and
12    community  college  districts  beginning  July  1,  1996  and
13    thereafter,  reimbursement provided by the Illinois Community
14    College Board State Board of Education for classes authorized
15    by this Section shall be provided pursuant to  the  terms  of
16    the  interagency  agreement  from  funds appropriated for the
17    reimbursement criteria set forth in subsection (c) below.
18        (c)  Upon the annual approval of the  Illinois  Community
19    College  Board  interagency agreement, reimbursement shall be
20    first provided for transportation, child care  services,  and
21    other  special  needs  of  the  students  directly related to
22    instruction and then from the funds remaining an amount equal
23    to the  product  of  the  total  credit  hours  or  units  of
24    instruction  approved by the Illinois Community College Board
25    State Board of Education, multiplied by the following:
26             (1)  For  adult   basic   education,   the   maximum
27        reimbursement  per credit hour or per unit of instruction
28        shall be  equal  to  the  general  state  aid  per  pupil
29        foundation level established in subsection (B) of Section
30        18-8.05, divided by 60;
31             (2)  The  maximum  reimbursement  per credit hour or
32        per unit of instruction in subparagraph (1)  above  shall
33        be  weighted  for students enrolled in classes defined as
34        vocational skills and approved by the Illinois  Community
 
                            -6-                LRB9111628NTks
 1        College Board State Board of Education by 1.25;
 2             (3)  The  maximum  reimbursement  per credit hour or
 3        per unit of instruction in subparagraph (1)  above  shall
 4        be  multiplied  by  .90  for students enrolled in classes
 5        defined  as  adult  secondary  education   programs   and
 6        approved  by  the  Illinois Community College Board State
 7        Board of Education;
 8             (4)  For community  college  districts  the  maximum
 9        reimbursement  per credit hour in subparagraphs (1), (2),
10        and (3)  above  shall  be  reduced  by  the  Adult  Basic
11        Education/Adult  Secondary  Education/English As A Second
12        Language credit hour grant  rate  prescribed  in  Section
13        2-16.02 of the Public Community College Act, as pro-rated
14        to the appropriation level; and
15             (5)  Programs receiving funds under the formula that
16        was  in  effect  during  the 1994-1995 program year which
17        continue to be approved and which generate at  least  80%
18        of  the  hours  claimable  in  1994-95, or in the case of
19        programs not approved in 1994-95  at  least  80%  of  the
20        hours  claimable  in  1995-96,  shall  have  funding  for
21        subsequent  years  based upon 100% of the 1995-96 formula
22        funding level for 1996-97, 90%  of  the  1995-96  formula
23        funding  level  for  1997-98,  80% of the 1995-96 formula
24        funding level for 1998-99, and 70% of the 1995-96 formula
25        funding level for 1999-2000.  For  any  approved  program
26        which  generates  less than 80% of the claimable hours in
27        its base year, the level  of  funding  pursuant  to  this
28        paragraph  shall be reduced proportionately.  Funding for
29        program years after 1999-2000 shall be determined by  the
30        Illinois   Community   College   Board  pursuant  to  the
31        interagency agreement.
32        (d)  Upon its the annual  approval,  of  the  interagency
33    agreement,  the  Illinois Community College Board State Board
34    of Education shall provide grants to  eligible  programs  for
 
                            -7-                LRB9111628NTks
 1    supplemental  activities  to improve or expand services under
 2    the  Adult  Education  Act.    Eligible  programs  shall   be
 3    determined based upon performance outcomes of students in the
 4    programs as set by the Illinois Community College Board forth
 5    in the interagency agreement.
 6        (e)  Reimbursement  under  this  Section shall not exceed
 7    the actual costs of the approved program.
 8        If the amount  appropriated  to  the  Illinois  Community
 9    College  Board  State  Board  of  Education for reimbursement
10    under this Section is less than  the  amount  required  under
11    this Act, the apportionment shall be proportionately reduced.
12        School  districts  and  community  college  districts may
13    assess students up to $3.00  per  credit  hour,  for  classes
14    other than Adult Basic Education level programs, if needed to
15    meet program costs.
16        (f)  An  education  plan  shall  be  established for each
17    adult or youth whose schooling has been interrupted  and  who
18    is participating in the instructional programs provided under
19    this Section.
20        Each  school  board  and  community college shall keep an
21    accurate and detailed account of the students assigned to and
22    receiving instruction under this Section who are  subject  to
23    State  reimbursement  and  shall  submit  reports of services
24    provided commencing with fiscal year 1997 as required by  the
25    Illinois   Community   College   Board   in  the  interagency
26    agreement.
27        For classes authorized under this Section, a credit  hour
28    or  unit  of  instruction  is  equal  to  15  hours of direct
29    instruction for students enrolled in approved adult education
30    programs at midterm  and  making  satisfactory  progress,  in
31    accordance  with  standards  jointly established by the State
32    Board of Education and the Illinois Community  College  Board
33    as set forth in the interagency agreement.
34        (g)  Upon  proof  submitted to the Illinois Department of
 
                            -8-                LRB9111628NTks
 1    Human Services of the payment of all claims  submitted  under
 2    this  Section,  that Department shall apply for federal funds
 3    made available therefor and any  federal  funds  so  received
 4    shall  be  paid  into  the  General Revenue Fund in the State
 5    Treasury.
 6        School districts or community colleges providing  classes
 7    under  this Section shall submit applications to the Illinois
 8    Community  College  Board  State  Board  of   Education   for
 9    preapproval   in   accordance   with  the  standards  jointly
10    established by the State Board of Education and the  Illinois
11    Community  College  Board  as  set  forth  in the interagency
12    agreement.  Payments shall be made by the Illinois  Community
13    College  Board  State  Board of Education based upon approved
14    programs.  Interim expenditure reports may be required by the
15    Illinois Community College Board State Board of Education  as
16    set forth in the interagency agreement.  Final claims for the
17    school    year   shall   be   submitted   to   the   regional
18    superintendents for transmittal  to  the  Illinois  Community
19    College  Board  State  Board of Education as set forth in the
20    interagency agreement.  Final adjusted payments shall be made
21    by September 30.
22        If a school district or community college district  fails
23    to  provide,  or  is providing unsatisfactory or insufficient
24    classes under this Section, the  Illinois  Community  College
25    Board State Board of Education may enter into agreements with
26    public  or  private  educational or other agencies other than
27    the public schools for the establishment of such classes.
28        (h)  If a school district or community  college  district
29    establishes   child-care   facilities  for  the  children  of
30    participants in classes established under  this  Section,  it
31    may  extend  the use of these facilities to students who have
32    obtained employment and to other  persons  in  the  community
33    whose  children require care and supervision while the parent
34    or other person in charge of  the  children  is  employed  or
 
                            -9-                LRB9111628NTks
 1    otherwise absent from the home during all or part of the day.
 2    It may make the facilities available before and after as well
 3    as  during  regular  school hours to school age and preschool
 4    age children who may benefit thereby, including children  who
 5    require  care  and  supervision  pending  the return of their
 6    parent  or  other  person  in  charge  of  their  care   from
 7    employment or other activity requiring absence from the home.
 8        The  Illinois  Community  College  Board  State  Board of
 9    Education shall pay to the board the  cost  of  care  in  the
10    facilities  for any child who is a recipient of financial aid
11    under the Illinois Public Aid Code.
12        The board may charge for care of  children  for  whom  it
13    cannot  make claim under the provisions of this Section.  The
14    charge shall not exceed per capita cost, and  to  the  extent
15    feasible,  shall  be  fixed  at  a  level  which  will permit
16    utilization by employed parents of low  or  moderate  income.
17    It  may  also  permit  any  other State or local governmental
18    agency or private  agency  providing  care  for  children  to
19    purchase care.
20        After  July  1,  1970  when  the  provisions  of  Section
21    10-20.20  become  operative  in  the  district, children in a
22    child-care facility shall be transferred to the  kindergarten
23    established under that Section for such portion of the day as
24    may  be  required  for the kindergarten program, and only the
25    prorated costs of care and training provided  in  the  Center
26    for  the  remaining  period  shall be charged to the Illinois
27    Department of Human Services or  other  persons  or  agencies
28    paying for such care.
29        (i)  The  provisions  of this Section shall also apply to
30    school districts having a population exceeding 500,000.
31        (j)  In addition to  claiming  reimbursement  under  this
32    Section,  a school district may claim general State aid under
33    Section 18-8.05 for any student under age 21 who is  enrolled
34    in  courses  accepted  for graduation from elementary or high
 
                            -10-               LRB9111628NTks
 1    school and who otherwise meets the  requirements  of  Section
 2    18-8.05.
 3    (Source: P.A.  89-507,  eff.  7-1-97;  89-524,  eff. 7-19-96;
 4    90-14,  eff.  7-1-97;  90-548,  eff.  1-1-98;  90-802,   eff.
 5    12-15-98.)

 6        (105 ILCS 5/10-22.20b) (from Ch. 122, par. 10-22.20b)
 7        Sec.  10-22.20b.  To  appoint  a  person,  who  meets the
 8    standards of qualification and certification  established  by
 9    the   Illinois   Community   College  Board  State  Board  of
10    Education, as director of adult education to  be  responsible
11    for  the  development  and  general  supervision of the adult
12    education program described in Section 10-22.20 and the Adult
13    Education Act.
14    (Source: P.A. 81-1508.)

15        Section 10.   The  Adult  Education  Act  is  amended  by
16    changing the headings of Articles I and II, changing Sections
17    1-3, 2-1, 2-2, 2-4, 3-1, 3-3, and 4-1, and adding Section 1-4
18    as follows:

19        (105 ILCS 405/Art. I heading)
20                ARTICLE I. SHORT TITLE; CONSTRUCTION;
21                    TRANSFER OF POWERS AND DUTIES

22        (105 ILCS 405/1-3) (from Ch. 122, par. 201-3)
23        Sec.  1-3.   Definitions.  The following terms shall have
24    the meanings respectively prescribed for them, except as  the
25    context otherwise requires:
26        (a)  "Adult  and  Continuing Education" means: organized,
27    systematic instruction, and related educational services, for
28    students enrolled  in  a  program  conducted  by  a  publicly
29    supported  educational  institution. Such students are beyond
30    compulsory education age, not currently enrolled in a regular
 
                            -11-               LRB9111628NTks
 1    elementary or high school, and are not seeking college credit
 2    toward an associate degree or degree. The instruction may  be
 3    full-time  or part-time for the purpose of providing students
 4    or groups with opportunities  for  personal  improvement  and
 5    enrichment,   preparation   for  effective  participation  as
 6    citizens    (including    English    for     foreign-speaking
 7    individuals),  family  life  and parent education, elementary
 8    and high school education, for which credit  may  be  granted
 9    toward   diploma  requirements,  occupational  and  technical
10    training and retraining.
11        "Board" means (i) the State Board of Education until July
12    1, 2001 and (ii)  the Illinois Community College Board on and
13    after July 1, 2001.
14    (Source: P.A. 82-622.)

15        (105 ILCS 405/1-4 new)
16        Sec 1-4.  On July 1, 2001, all powers and duties  of  the
17    State  Board  of  Education  and  the State Superintendent of
18    Education under this Act and  related  grants  and  contracts
19    shall be transferred to the Illinois Community College Board,
20    and  references  to the State Board of Education or the State
21    Superintendent of Education in this  Act  or  any  other  law
22    concerning  adult and continuing education shall be deemed to
23    refer to the Illinois Community College  Board.   All  rules,
24    standards,  and  procedures  adopted  by  the  State Board of
25    Education or the State Superintendent of Education under this
26    Act shall continue in effect as  the  rules,  standards,  and
27    procedures  of  the  Illinois  Community College Board, until
28    they are modified by the Illinois  Community  College  Board.
29    In  order  to effect an orderly transition, from July 1, 2000
30    until July 1, 2001, the State  Board  of  Education  and  the
31    State    Superintendent   of   Education   shall   coordinate
32    administration  of  this  Act  with  the  Illinois  Community
33    College Board.
 
                            -12-               LRB9111628NTks
 1        (105 ILCS 405/Art. II heading)
 2            ARTICLE II. ILLINOIS COMMUNITY COLLEGE BOARD
 3                      STATE BOARD OF EDUCATION

 4        (105 ILCS 405/2-1) (from Ch. 122, par. 202-1)
 5        Sec. 2-1. Contracting with other state agencies. For  the
 6    purpose of promoting and establishing special classes for the
 7    instruction  (1)  of  persons  of  age 21 or older and (2) of
 8    persons less than age 21 and not otherwise in  attendance  in
 9    the public schools, the State Board of Education may contract
10    with other state agencies to accept and expend appropriations
11    given such agencies for educational purposes to reimburse the
12    community  college  district or local school district for the
13    cost of such program.
14    (Source: P.A. 81-1508.)

15        (105 ILCS 405/2-2) (from Ch. 122, par. 202-2)
16        Sec. 2-2. Agreement with public or private  agencies.  If
17    in  the  judgment  of  the  State Board of Education a school
18    district or community college district is failing to provide,
19    or is providing unsatisfactory or  insufficient  classes  for
20    the  instruction  or  training  of  adults  and  youths whose
21    schooling has been interrupted, pursuant to the provisions of
22    Section 10-22.20 of "The School Code,"  approved,  March  18,
23    1961,  as  amended, the State Board may enter into agreements
24    with  public  or  private  welfare,  educational,  or   other
25    agencies,  other than the public common schools, competent to
26    provide the education or training defined  in  said  Section,
27    for  the  establishment  of  such  special  classes  by  such
28    agencies.
29        The   State   Board  of  Education  shall  establish  the
30    standards for such courses of instruction and  supervise  the
31    administration  thereof.  The  State Board of Education shall
32    determine the cost of  such  instruction,  including  therein
 
                            -13-               LRB9111628NTks
 1    such  incidental costs of student transportation, facilities,
 2    or provision for child care for students who are parents, and
 3    other special needs of the students, as authorized by Section
 4    10-22.20 of The School Code.
 5        The provisions of Section 10-22.20  of  the  School  Code
 6    respecting  the  reimbursement  of  the  total  cost  of such
 7    instruction or  training  by  the  Department  of  Employment
 8    Security  for  students  who  may  be  authorized  under  the
 9    Illinois  Public  Aid Code, approved April 11, 1967, shall be
10    applicable to classes established under this Act. Each agency
11    entering into an agreement shall keep accurate  and  detailed
12    accounts of students assigned to it and receiving instruction
13    in  such  special classes and submit claims for reimbursement
14    in the manner provided  for  school  districts  or  community
15    college districts under said Section 10-22.20, and claims for
16    reimbursement shall be processed as therein provided.
17        Any  such  agreement may be terminated by the State Board
18    of Education when it determines (1) that such classes are  no
19    longer  necessary,  or  (2)  that the instruction or training
20    established by  an  agency  fails  to  meet  the  established
21    standards,  or  (3)  that the classes established by a school
22    district  or  community  college   district,   within   whose
23    geographical  limits  the  agency  is  located,  pursuant  to
24    Section  10-22.20  of  the  School Code, are adequate for the
25    purpose.
26    (Source: P.A. 83-1503.)

27        (105 ILCS 405/2-4) (from Ch. 122, par. 202-4)
28        Sec. 2-4.  Area Planning Councils. On or  before  October
29    15,  1982,  an  Area  Planning  Council  shall be established
30    within the boundaries of  each  community  college  district.
31    Each  school  district  included within the boundaries of the
32    community  college   district   maintaining   either   grades
33    kindergarten through 12 or grades 9 through 12; each regional
 
                            -14-               LRB9111628NTks
 1    superintendent  of  schools,  the majority of whose region is
 2    included within  the  boundaries  of  the  community  college
 3    district;   and  the  community  college  district  shall  be
 4    entitled to one representative on the Area Planning  Council.
 5    Area  Planning  Councils  may  elect  to  form  a  joint Area
 6    Planning Council  consisting  of  2  two  or  more  community
 7    college districts as approved by the State Board of Education
 8    in  consultation  with  the Illinois Community College Board.
 9    School districts which are not included within the boundaries
10    of a community college district may elect to  participate  in
11    an  Area Planning Council associated with a community college
12    district with the approval of the State Board of Education in
13    consultation with the Illinois Community  College  Board;  or
14    they may elect to establish an Area Planning Council which is
15    not  associated  with  a  community college district with the
16    approval of the State Board of Education.
17        On or before March 1 of  each  year  each  Area  Planning
18    Council  shall  submit an annual Adult Education Plan for the
19    area.  The Area Adult Education Plan shall  provide  for  the
20    development  and  coordination of adult education programs in
21    the area.  If the State Board of Education,  in  consultation
22    with  the  Illinois  Community  College Board, finds that the
23    annual Area  Adult  Education  Plan  submitted  by  the  Area
24    Planning  Council  meets  the requirements of this amendatory
25    Act of 1982 and the established standards and guidelines, the
26    State  Board  of  Education  shall  approve  the  Plan.   The
27    approval of adult education programs by the  State  Board  of
28    Education  for  reimbursement  under  Section 10-22.20 of the
29    School Code shall  be  based  on  the  Adult  Education  Plan
30    approved for the Area.
31        On or before March 1, 2002 1983 and each year thereafter,
32    the State Board of Education shall submit an annual report to
33    the Governor and the General Assembly for adult education for
34    the preceding school year.  The annual report shall include a
 
                            -15-               LRB9111628NTks
 1    summary  of adult education needs and programs; the number of
 2    students, credit hours or units of instruction,  total  adult
 3    education  costs,  and  State  reimbursement for adult basic,
 4    adult secondary and vocational skills programs; the  criteria
 5    used for program approval and any recommendations.
 6    (Source: P.A. 83-460.)

 7        (105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
 8        Sec. 3-1.  Apportionment for Adult Education Courses. Any
 9    school   district   or   public  community  college  district
10    maintaining adult education classes for  the  instruction  of
11    persons over 21 years of age and youths under 21 years of age
12    whose  schooling  has  been  interrupted shall be entitled to
13    claim an apportionment in accordance with the  provisions  of
14    Section  10-22.20  of the School Code and Section 2-4 of this
15    Act.
16        Reimbursement as herein  provided  shall  be  limited  to
17    courses  regularly accepted for graduation from elementary or
18    high schools and for Americanization and General  Educational
19    Development  Review  classes  which are approved by the State
20    Board of Education.
21        If the amount appropriated for this purpose is less  than
22    the amount required under the provisions of this Section, the
23    apportionment  for  local  districts shall be proportionately
24    reduced.
25    (Source: P.A. 83-460.)

26        (105 ILCS 405/3-3) (from Ch. 122, par. 203-3)
27        Sec. 3-3.  Bilingual courses; State  grants.   In  school
28    districts  having  a substantial Spanish-speaking population,
29    the Board State Superintendent of Education  shall  establish
30    standards  for  and  supervise  the development of bilingual,
31    adult vocational and educational  programs  under  this  Act.
32    Such  classes,  when  approved, qualify for the reimbursement
 
                            -16-               LRB9111628NTks
 1    provided under Section 3-1 of this  Act.  In  addition,  from
 2    moneys   appropriated  for  that  purpose,  the  Board  State
 3    Superintendent may provide  grants  to  school  districts  to
 4    establish pilot programs under this Section.
 5    (Source: P.A. 79-933.)

 6        (105 ILCS 405/4-1) (from Ch. 122, par. 204-1)
 7        Sec.   4-1.    Hard  Core  Dropouts.   School  boards  or
 8    community  college  boards  may  establish  or   enter   into
 9    contracts  with  public  or  private  agencies  for  approved
10    programs  which  provide essential academic and employability
11    skills needed to obtain  gainful  employment  for  hard  core
12    dropout  youth between the ages of 16 and 21 years who are no
13    longer  enrolled  in  school,  including  necessary   support
14    services.
15        Pursuant  to  appropriation, the State Board of Education
16    may award grants for the establishment and operation of  such
17    programs  which are contained within the area adult education
18    plans as required under this Act.  Such grants, to the extent
19    practicable, shall be based upon student performance outcomes
20    of academic achievement and attendance as well as the  extent
21    of  contributions  to  such  programs by proposed recipients.
22    The State Board of Education shall promulgate rules  for  the
23    administration  of grants and the operation and evaluation of
24    such programs.
25    (Source: P.A. 84-1068.)

26        Section 15.  The Adult Education Reporting Act is amended
27    by changing Sections 1 and 2 as follows:

28        (105 ILCS 410/1) (from Ch. 122, par. 1851)
29        Sec. 1.  As  used  in  this  Act,  "agency"  means:   the
30    Departments   of   Corrections,   Public  Aid,  Commerce  and
31    Community Affairs, Human Services,  and  Public  Health;  the
 
                            -17-               LRB9111628NTks
 1    Secretary of State; the Illinois Community College Board; and
 2    the  Administrative  Office  of  the  Illinois Courts. On and
 3    after July 1, 2001, "agency"  includes  the  State  Board  of
 4    Education and does not include the Illinois Community College
 5    Board.
 6    (Source: P.A. 89-507, eff. 7-1-97.)

 7        (105 ILCS 410/2) (from Ch. 122, par. 1852)
 8        Sec. 2.  (a) Within 90 days of the effective date of this
 9    Act, each agency shall file with the State Board of Education
10    a  report listing all education, training or intern programs,
11    grants, loans or  other  services  it  administers  or  makes
12    available  for  providing  education  or training to Illinois
13    adult citizens as defined in Section 10-22.20 of  the  School
14    Code. Before July 1, 2001, the State Board of Education shall
15    file  with  the  Illinois  Community  College  Board a report
16    listing all education, training or intern  programs,  grants,
17    loans,  or  other  services it administers or makes available
18    for  providing  education  or  training  to  Illinois   adult
19    citizens as defined in Section 10-22.20 of the School Code.
20        (b)  Such  list  shall be updated annually, with the list
21    being updated  with  the  Illinois  Community  College  Board
22    instead  of the State Board of Education beginning on July 1,
23    2001. Before July 1, 2001, the State Board of Education shall
24    forward a copy of each updated list to the Illinois Community
25    College Board.
26        (c)  If an agency has no education or  training  services
27    for adult citizens in Illinois, the report shall so state.
28    (Source: P.A. 85-807.)

29        Section  20.  The Public Community College Act is amended
30    by changing Section 2-12 as follows:

31        (110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
 
                            -18-               LRB9111628NTks
 1        Sec. 2-12.  The State Board shall have the power  and  it
 2    shall be its duty:
 3        (a)  To provide statewide planning for community colleges
 4    as  institutions  of  higher  education  and  co-ordinate the
 5    programs, services and activities of all  community  colleges
 6    in  the  State  so  as to encourage and establish a system of
 7    locally initiated and  administered  comprehensive  community
 8    colleges.
 9        (b)  To  organize and conduct feasibility surveys for new
10    community  colleges  or  for  the   inclusion   of   existing
11    institutions  as  community  colleges and the locating of new
12    institutions.
13        (c)  To approve all locally funded capital  projects  for
14    which  no  State  monies  are  required,  in  accordance with
15    standards established by rule.
16        (d)  To  cooperate  with  the   community   colleges   in
17    continuing  studies  of  student  characteristics,  admission
18    standards,   grading   policies,   performance   of  transfer
19    students, qualification and certification of  facilities  and
20    any other problem of community college education.
21        (e)  To  enter  into  contracts  with  other governmental
22    agencies and eligible providers; to accept federal funds  and
23    to  plan  with  other State agencies when appropriate for the
24    allocation of such federal funds for  instructional  programs
25    and student services including such funds for adult education
26    and  adult  literacy, vocational and technical education, and
27    retraining as may be allocated by state and federal  agencies
28    for  the aid of community colleges.  To receive, receipt for,
29    hold in trust, expend and administer,  for  all  purposes  of
30    this  Act,  funds and other aid made available by the federal
31    government or by other agencies public or private, subject to
32    appropriation by the General Assembly. The  changes  to  this
33    subdivision  (e)  made  by  this  amendatory  Act of the 91st
34    General Assembly apply on and after July 1, 2001.
 
                            -19-               LRB9111628NTks
 1        (f)  To determine efficient and  adequate  standards  for
 2    community colleges for the physical plant, heating, lighting,
 3    ventilation,  sanitation,  safety,  equipment  and  supplies,
 4    instruction  and  teaching,  curriculum,  library, operation,
 5    maintenance, administration and  supervision,  and  to  grant
 6    recognition  certificates  to community colleges meeting such
 7    standards.
 8        (g)  To determine  the  standards  for  establishment  of
 9    community  colleges  and  the  proper location of the site in
10    relation  to  existing  institutions  of   higher   education
11    offering   academic,   occupational  and  technical  training
12    curricula,   possible   enrollment,    assessed    valuation,
13    industrial,  business,  agricultural,  and  other  conditions
14    reflecting  educational  needs  in  the  area  to  be served;
15    however, no community college  may  be  considered  as  being
16    recognized nor may the establishment of any community college
17    be   authorized   in  any  district  which  shall  be  deemed
18    inadequate  for  the  maintenance,  in  accordance  with  the
19    desirable standards thus determined, of a  community  college
20    offering the basic subjects of general education and suitable
21    vocational and semiprofessional and technical curricula.
22        (h)  To  approve  or disapprove new units of instruction,
23    research or public service as defined in  Section  3-25.1  of
24    this   Act  submitted  by  the  boards  of  trustees  of  the
25    respective community college districts of  this  State.   The
26    State  Board  may  discontinue programs which fail to reflect
27    the educational needs of the area being served. The community
28    college district shall be granted 60 days following the State
29    Board staff recommendation and prior  to  the  State  Board's
30    action  to  respond  to  concerns  regarding  the  program in
31    question.  If the State Board acts  to  abolish  a  community
32    college  program,  the community college district has a right
33    to appeal the  decision  in  accordance  with  administrative
34    rules  promulgated by the State Board under the provisions of
 
                            -20-               LRB9111628NTks
 1    the Illinois Administrative Procedure Act.
 2        (i)  To  participate  in,  to   recommend   approval   or
 3    disapproval,  and  to  assist  in  the  coordination  of  the
 4    programs  of  community colleges participating in programs of
 5    interinstitutional cooperation with other public or nonpublic
 6    institutions of higher education. If the State Board does not
 7    approve a particular  cooperative  agreement,  the  community
 8    college  district  has  a  right  to  appeal  the decision in
 9    accordance with administrative rules promulgated by the State
10    Board under the provisions  of  the  Illinois  Administrative
11    Procedure Act.
12        (j)  To establish guidelines regarding sabbatical leaves.
13        (k)  To  establish  guidelines  for  the  admission  into
14    special,   appropriate   programs  conducted  or  created  by
15    community  colleges  for  elementary  and  secondary   school
16    dropouts  who  have  received  truant  status from the school
17    districts of this State in compliance with Section  26-14  of
18    The School Code.
19        (l)  The Community College Board shall conduct a study of
20    community  college teacher education courses to determine how
21    the community college system can increase  its  participation
22    in the preparation of elementary and secondary teachers.
23        (m)  To  establish  by  July  1,  1997  uniform financial
24    accounting  and  reporting  standards  and   principles   for
25    community  colleges  and  develop  procedures and systems for
26    community colleges for reporting financial data to the  State
27    Board.
28        (n)  To   create  and  participate  in  the  conduct  and
29    operation of any  corporation,  joint  venture,  partnership,
30    association,  or  other  organizational  entity  that has the
31    power:  (i) to acquire land,  buildings,  and  other  capital
32    equipment  for  the use and benefit of the community colleges
33    or their students; (ii) to accept gifts and make  grants  for
34    the  use  and  benefit  of  the  community  colleges or their
 
                            -21-               LRB9111628NTks
 1    students; (iii) to aid in the instruction  and  education  of
 2    students   of   community   colleges;  and  (iv)  to  promote
 3    activities to acquaint members  of  the  community  with  the
 4    facilities of the various community colleges.
 5        (o)  On  and  after July 1, 2001, to ensure the effective
 6    teaching of  adults  and  to  prepare  them  for  success  in
 7    employment  and  lifelong learning by administering a network
 8    of providers, programs, and services to provide  adult  basic
 9    education,  adult  secondary/general  education  development,
10    English  as  a  second  language,  and  any other instruction
11    designed to prepare adult students to  function  successfully
12    in   society  and  to  experience  success  in  postsecondary
13    education and the world  of  work.  In  order  to  effect  an
14    orderly transition as provided under Section 10-22.19a of the
15    School  Code and Section 1-4 of the Adult Education Act, from
16    July 1, 2000 until July 1, 2001, the State Board of Education
17    shall coordinate administration  of  the  powers  and  duties
18    listed in this subdivision (o) with the State Board.
19        (p)  On   and  after  July  1,  2001,  to  supervise  the
20    administration  of  adult  education   and   adult   literacy
21    programs,  to  establish  the  standards  for such courses of
22    instruction and  supervise  the  administration  thereof,  to
23    contract  with  other  State  and local agencies and eligible
24    providers for  the  purpose  of  promoting  and  establishing
25    classes for instruction under these programs, and to contract
26    with  other  State  and  local  agencies to accept and expend
27    appropriations for educational purposes  to  reimburse  local
28    eligible  providers  for the cost of these programs. In order
29    to effect an orderly transition  as  provided  under  Section
30    10-22.19a  of  the  School  Code and Section 1-4 of the Adult
31    Education Act, from July 1, 2000  until  July  1,  2001,  the
32    State  Board  of Education shall coordinate administration of
33    the powers and duties listed in this subdivision (p) with the
34    State Board.
 
                            -22-               LRB9111628NTks
 1    (Source: P.A. 87-1023; 88-322.)

 2        Section 99.  Effective date.  This Act  takes  effect  on
 3    July  1,  2000,  except that the changes to Sections 10-22.20
 4    and 10-22.20b of the School  Code  and  the  changes  to  the
 5    heading  of  Article II and Sections 2-4 and 3-3 of the Adult
 6    Education Act take effect on July 1, 2001.

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