State of Illinois
91st General Assembly
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Public Act 91-0830

HB4266 Enrolled                                LRB9111628NTks

    AN ACT in relation to adult education.

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

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

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

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

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

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

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

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

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

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

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

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

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

    (105 ILCS 405/1-4 new)
    Sec 1-4.  On July 1, 2001, all powers and duties  of  the
State  Board  of  Education  and  the State Superintendent of
Education under this Act and  related  grants  and  contracts
shall be transferred to the Illinois Community College Board,
and  references  to the State Board of Education or the State
Superintendent of Education in this  Act  or  any  other  law
concerning  adult and continuing education shall be deemed to
refer to the Illinois Community College  Board.   All  rules,
standards,  and  procedures  adopted  by  the  State Board of
Education or the State Superintendent of Education under this
Act shall continue in effect as  the  rules,  standards,  and
procedures  of  the  Illinois  Community College Board, until
they are modified by the Illinois  Community  College  Board.
In  order  to effect an orderly transition, from July 1, 2000
until July 1, 2001, the State  Board  of  Education  and  the
State    Superintendent   of   Education   shall   coordinate
administration  of  this  Act  with  the  Illinois  Community
College Board.
    (105 ILCS 405/Art. II heading)
        ARTICLE II. ILLINOIS COMMUNITY COLLEGE BOARD
                  STATE BOARD OF EDUCATION

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

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

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

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

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

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

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

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

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

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

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

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

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