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90_HB2637ham002
LRB9009201THdvam01
1 AMENDMENT TO HOUSE BILL 2637
2 AMENDMENT NO. . Amend House Bill 2637, AS AMENDED,
3 in the title and in the introductory clause of Section 5, by
4 replacing "Section 2-3.66" each time it appears with
5 "Sections 2-3.66 and 10-22.20"; and
6 in the body of Section 5, by inserting below the last line of
7 Sec. 2-3.66 the following:
8 "(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
9 Sec. 10-22.20. Classes for adults and youths whose
10 schooling has been interrupted; Conditions for State
11 reimbursement; Use of child care facilities.
12 (a) To establish special classes for the instruction (1)
13 of persons of age 21 years or over, and (2) of persons less
14 than age 21 and not otherwise in attendance in public school,
15 for the purpose of providing adults in the community, and
16 youths whose schooling has been interrupted, with such
17 additional basic education, vocational skill training, and
18 other instruction as may be necessary to increase their
19 qualifications for employment or other means of self-support
20 and their ability to meet their responsibilities as citizens
21 including courses of instruction regularly accepted for
22 graduation from elementary or high schools and for
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1 Americanization and General Educational Development Review
2 classes.
3 The board shall pay the necessary expenses of such
4 classes out of school funds of the district, including costs
5 of student transportation and such facilities or provision
6 for child-care as may be necessary in the judgment of the
7 board to permit maximum utilization of the courses by
8 students with children, and other special needs of the
9 students directly related to such instruction. The expenses
10 thus incurred shall be subject to State reimbursement, as
11 provided in this Section. The board may make a tuition
12 charge for persons taking instruction who are not subject to
13 State reimbursement, such tuition charge not to exceed the
14 per capita cost of such classes.
15 The cost of such instruction, including the additional
16 expenses herein authorized, incurred for recipients of
17 financial aid under the Illinois Public Aid Code, or for
18 persons for whom education and training aid has been
19 authorized under Section 9-8 of that Code, shall be assumed
20 in its entirety from funds appropriated by the State to the
21 State Board of Education.
22 (b) The State Board of Education and the Illinois
23 Community College Board shall annually enter into an
24 interagency agreement to implement this Section. The
25 interagency agreement shall establish the standards for the
26 courses of instruction reimbursed under this Section. The
27 State Board of Education shall supervise the administration
28 of the programs. The State Board of Education shall
29 determine the cost of instruction in accordance with
30 standards jointly established by the State Board of Education
31 and the Illinois Community College Board as set forth in the
32 interagency agreement, including therein other incidental
33 costs as herein authorized, which shall serve as the basis of
34 State reimbursement in accordance with the provisions of
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1 this Section. In the approval of programs and the
2 determination of the cost of instruction, the State Board of
3 Education shall provide for the maximum utilization of
4 federal funds for such programs. The interagency agreement
5 shall also include:
6 (1) the development of an index of need for program
7 planning and for area funding allocations as defined by
8 the State Board of Education;
9 (2) the method for calculating hours of
10 instruction, as defined by the State Board of Education,
11 claimable for reimbursement and a method to phase in the
12 calculation and for adjusting the calculations in cases
13 where the services of a program are interrupted due to
14 circumstances beyond the control of the program provider;
15 (3) a plan for the reallocation of funds to
16 increase the amount allocated for grants based upon
17 program performance as set forth in subsection (d) below;
18 and
19 (4) the development of standards for determining
20 grants based upon performance as set forth in subsection
21 (d) below and a plan for the phased-in implementation of
22 those standards.
23 For instruction provided by school districts and
24 community college districts beginning July 1, 1996 and
25 thereafter, reimbursement provided by the State Board of
26 Education for classes authorized by this Section shall be
27 provided pursuant to the terms of the interagency agreement
28 from funds appropriated for the reimbursement criteria set
29 forth in subsection (c) below.
30 (c) Upon the annual approval of the interagency
31 agreement, reimbursement shall be first provided for
32 transportation, child care services, and other special needs
33 of the students directly related to instruction and then from
34 the funds remaining an amount equal to the product of the
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1 total credit hours or units of instruction approved by the
2 State Board of Education, multiplied by the following:
3 (1) For adult basic education, the maximum
4 reimbursement per credit hour or per unit of instruction
5 shall be equal to the general state aid per pupil
6 foundation level established in subsections 5(a) through
7 5(d) of Section 18-8 or subsection (B) of Section
8 18-8.05, divided by 60;
9 (2) The maximum reimbursement per credit hour or
10 per unit of instruction in subparagraph (1) above shall
11 be weighted for students enrolled in classes defined as
12 vocational skills and approved by the State Board of
13 Education by 1.25;
14 (3) The maximum reimbursement per credit hour or
15 per unit of instruction in subparagraph (1) above shall
16 be multiplied by .90 for students enrolled in classes
17 defined as adult secondary education programs and
18 approved by the State Board of Education;
19 (4) For community college districts the maximum
20 reimbursement per credit hour in subparagraphs (1), (2),
21 and (3) above shall be reduced by the Adult Basic
22 Education/Adult Secondary Education/English As A Second
23 Language credit hour grant rate prescribed in Section
24 2-16.02 of the Public Community College Act, as pro-rated
25 to the appropriation level; and
26 (5) Programs receiving funds under the formula that
27 was in effect during the 1994-1995 program year which
28 continue to be approved and which generate at least 80%
29 of the hours claimable in 1994-95, or in the case of
30 programs not approved in 1994-95 at least 80% of the
31 hours claimable in 1995-96, shall have funding for
32 subsequent years based upon 100% of the 1995-96 formula
33 funding level for 1996-97, 90% of the 1995-96 formula
34 funding level for 1997-98, 80% of the 1995-96 formula
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1 funding level for 1998-99, and 70% of the 1995-96 formula
2 funding level for 1999-2000. For any approved program
3 which generates less than 80% of the claimable hours in
4 its base year, the level of funding pursuant to this
5 paragraph shall be reduced proportionately. Funding for
6 program years after 1999-2000 shall be pursuant to the
7 interagency agreement.
8 (d) Upon the annual approval of the interagency
9 agreement, the State Board of Education shall provide grants
10 to eligible programs for supplemental activities to improve
11 or expand services under the Adult Education Act. Eligible
12 programs shall be determined based upon performance outcomes
13 of students in the programs as set forth in the interagency
14 agreement.
15 (e) Reimbursement under this Section shall not exceed
16 the actual costs of the approved program.
17 If the amount appropriated to the State Board of
18 Education for reimbursement under this Section is less than
19 the amount required under this Act, the apportionment shall
20 be proportionately reduced.
21 School districts and community college districts may
22 assess students up to $3.00 per credit hour, for classes
23 other than Adult Basic Education level programs, if needed to
24 meet program costs.
25 (f) An education plan shall be established for each
26 adult or youth whose schooling has been interrupted and who
27 is participating in the instructional programs provided under
28 this Section.
29 Each school board and community college shall keep an
30 accurate and detailed account of the students assigned to and
31 receiving instruction under this Section who are subject to
32 State reimbursement and shall submit reports of services
33 provided commencing with fiscal year 1997 as required in the
34 interagency agreement.
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1 For classes authorized under this Section, a credit hour
2 or unit of instruction is equal to 15 hours of direct
3 instruction for students enrolled in approved adult education
4 programs at midterm and making satisfactory progress, in
5 accordance with standards jointly established by the State
6 Board of Education and the Illinois Community College Board
7 as set forth in the interagency agreement.
8 (g) Upon proof submitted to the Illinois Department of
9 Human Services of the payment of all claims submitted under
10 this Section, that Department shall apply for federal funds
11 made available therefor and any federal funds so received
12 shall be paid into the General Revenue Fund in the State
13 Treasury.
14 School districts or community colleges providing classes
15 under this Section shall submit applications to the State
16 Board of Education for preapproval in accordance with the
17 standards jointly established by the State Board of Education
18 and the Illinois Community College Board as set forth in the
19 interagency agreement. Payments shall be made by the State
20 Board of Education based upon approved programs. Interim
21 expenditure reports may be required by the State Board of
22 Education as set forth in the interagency agreement. Final
23 claims for the school year shall be submitted to the regional
24 superintendents for transmittal to the State Board of
25 Education as set forth in the interagency agreement. Final
26 adjusted payments shall be made by September 30.
27 If a school district or community college district fails
28 to provide, or is providing unsatisfactory or insufficient
29 classes under this Section, the State Board of Education may
30 enter into agreements with public or private educational or
31 other agencies other than the public schools for the
32 establishment of such classes.
33 (h) If a school district or community college district
34 establishes child-care facilities for the children of
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1 participants in classes established under this Section, it
2 may extend the use of these facilities to students who have
3 obtained employment and to other persons in the community
4 whose children require care and supervision while the parent
5 or other person in charge of the children is employed or
6 otherwise absent from the home during all or part of the day.
7 It may make the facilities available before and after as well
8 as during regular school hours to school age and preschool
9 age children who may benefit thereby, including children who
10 require care and supervision pending the return of their
11 parent or other person in charge of their care from
12 employment or other activity requiring absence from the home.
13 The State Board of Education shall pay to the board the
14 cost of care in the facilities for any child who is a
15 recipient of financial aid under The Illinois Public Aid
16 Code.
17 The board may charge for care of children for whom it
18 cannot make claim under the provisions of this Section. The
19 charge shall not exceed per capita cost, and to the extent
20 feasible, shall be fixed at a level which will permit
21 utilization by employed parents of low or moderate income.
22 It may also permit any other State or local governmental
23 agency or private agency providing care for children to
24 purchase care.
25 After July 1, 1970 when the provisions of Section
26 10-20.20 become operative in the district, children in a
27 child-care facility shall be transferred to the kindergarten
28 established under that Section for such portion of the day as
29 may be required for the kindergarten program, and only the
30 prorated costs of care and training provided in the Center
31 for the remaining period shall be charged to the Illinois
32 Department of Human Services or other persons or agencies
33 paying for such care.
34 (i) The provisions of this Section shall also apply to
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1 school districts having a population exceeding 500,000.
2 (j) In addition to claiming reimbursement under this
3 Section, a school district may claim general State aid under
4 Section 18-8.05 for any student under age 21 who is enrolled
5 in courses accepted for graduation from elementary or high
6 school and who otherwise meets the requirements of Section
7 18-8.05.
8 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
9 90-14, eff. 7-1-97; 90-548, eff. 1-1-98.)".
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