Public Act 096-0684
 		





HB2448 Enrolled
LRB096 10847 NHT 21320 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The School Code is amended  by adding Section 
10-29 as follows:
 
    (105 ILCS 5/10-29  new)
    Sec. 10-29. Remote educational programs.
    (a)  For purposes of this Section, "remote educational 
program" means an educational program delivered to students in 
the home or other location outside of a school building that 
meets all of the following criteria:
        (1)  A student may participate in the program only after 
    the school district, pursuant to adopted school board 
    policy, and a person authorized to enroll the student under 
    Section 10-20.12b of this Code determine that a remote 
    educational program will best serve the student's 
    individual learning needs. The adopted school board policy 
    shall include, but not be limited to, all of the following:
            (A)  Criteria for determining that a remote 
        educational program will best serve a student's 
        individual learning needs. The criteria must include 
        consideration of, at a minimum, a student's prior 
        attendance, disciplinary record, and academic history.
            (B)  Any limitations on the number of students or 
        grade levels that may participate in a remote 
        educational program.
            (C)  A description of the process that the school 
        district will use to approve participation in the 
        remote educational program. The process must include 
        without limitation a requirement that, for any student 
        who qualifies to receive services pursuant to the 
        federal Individuals with Disabilities Education 
        Improvement Act of 2004, the student's participation 
        in a remote educational program receive prior approval  
        from the student's individualized education program 
        team.
            (D) A description of the process the school 
        district will use to develop and approve a written 
        remote educational plan that meets the requirements of 
        subdivision (5) of this subsection (a).
            (E)  A description of the system the school district 
        will establish to calculate the number of clock hours a 
        student is participating in instruction in accordance 
        with the remote educational program.
            (F)  A description of the process for renewing a 
        remote educational program at the expiration of its 
        term.
            (G)  Such other terms and provisions as the school 
        district deems necessary to provide for the 
        establishment and delivery of a remote educational 
        program.
        (2) The school district has determined that the remote 
    educational program's curriculum is aligned to State 
    learning standards and that the program offers instruction 
    and educational experiences consistent with those given to 
    students at the same grade level in the district.
        (3)  The remote educational program is delivered by 
    instructors that meet the following qualifications:
            (A)  they are certificated under Article 21 of this 
        Code;
            (B) they meet applicable highly qualified criteria 
        under the federal No Child Left Behind Act of 2001; and
            (C) they have responsibility for all of the 
        following elements of the program: planning 
        instruction, diagnosing learning needs, prescribing 
        content delivery through class activities, assessing 
        learning, reporting outcomes to administrators and 
        parents and guardians, and evaluating the effects of 
        instruction.
        (4)  During the period of the calendar year included 
    within the regular school term of the school district, 
    participation in a remote educational program may be 
    claimed for general State aid purposes under Section 
    18-8.05 of this Code only on days of pupil attendance or 
    institute days included within the school district's 
    calendar established pursuant to Section 10-19 of this 
    Code.  Outside of the regular school term of the district, 
    the remote educational program may be offered as part of 
    any summer school program authorized by this Code.
        (5)  Each student participating in a remote educational 
    program must have a written remote educational plan that 
    has been approved by the school district and a person 
    authorized to enroll the student under Section 10-20.12b of 
    this Code. The school district and a person authorized to 
    enroll the student under Section 10-20.12b of this Code 
    must approve any amendment to a remote educational plan.  
    The remote educational plan must include, but is not 
    limited to, all of the following:
            (A) Specific achievement goals for the student 
        aligned to State learning standards.
            (B) A description of all assessments that will be 
        used to measure student progress, which description 
        shall indicate the assessments that will be 
        administered at an attendance center within the school 
        district.
            (C) A description of the progress reports that will 
        be provided to the school district and the person or 
        persons authorized to enroll the student under Section 
        10-20.12b of this Code.
            (D) Expectations, processes, and schedules for 
        interaction between a teacher and student.
            (E) A description of the specific responsibilities 
        of the student's family and the school district with 
        respect to equipment, materials, phone and Internet 
        service, and any other requirements applicable to the 
        home or other location outside of a school building 
        necessary for the delivery of the remote educational 
        program.
            (F) If applicable, a description of how the remote 
        educational program will be delivered in a manner 
        consistent with the student's individualized education 
        program required by Section 614(d) of the federal 
        Individuals with Disabilities Education Improvement 
        Act of 2004 or plan to ensure compliance with Section 
        504 of the federal Rehabilitation Act of 1973.
            (G) A description of the procedures and 
        opportunities for participation in academic and 
        extra-curricular activities and programs within the 
        school district.
            (H) The identification of a parent, guardian, or 
        other responsible adult who will provide direct 
        supervision of the program.  The plan must include an 
        acknowledgment by the parent, guardian, or other 
        responsible adult that he or she may engage only in 
        non-teaching duties not requiring instructional 
        judgment or the evaluation of a student.  The plan shall 
        designate the parent, guardian, or other responsible 
        adult as non-teaching personnel or volunteer personnel 
        under subsection (a) of Section 10-22.34 of this Code.
            (I) The identification of a school district 
        administrator who will oversee the remote educational 
        program on behalf of the school district and who may be 
        contacted by the student's parents with respect to any 
        issues or concerns with the program.
            (J) The term of the student's participation in the 
        remote educational program, which may not extend for 
        longer than 12 months, unless the term is renewed by 
        the district in accordance with subdivision (7) of this 
        subsection (a).
            (K) A description of the specific location or 
        locations in which the program will be delivered.  If 
        the remote educational program is to be delivered to a 
        student in any location other than the student's home, 
        the plan must include a written determination by the 
        school district that the location will provide a 
        learning environment appropriate for the delivery of 
        the program. The location or locations in which the 
        program will be delivered shall be deemed a long 
        distance teaching reception area under subsection (a) 
        of Section 10-22.34 of this Code.
            (L) Certification by the school district that the 
        plan meets all other requirements of this Section.
        (6)  Students participating in a remote educational 
    program must be enrolled in a school district attendance 
    center pursuant to the school district's enrollment policy 
    or policies.  A student participating in a remote 
    educational program must be tested as part of all 
    assessments administered by the school district pursuant 
    to Section 2-3.64 of this Code at the attendance center in 
    which the student is enrolled and in accordance with the 
    attendance center's assessment policies and schedule.  The 
    student must be included within all adequate yearly 
    progress and other accountability determinations for the 
    school district and attendance center under State and 
    federal law.
        (7)  The term of a student's participation in a remote 
    educational program may not extend for longer than 12 
    months, unless the term is renewed by the school district.  
    The district may only renew a student's participation in a 
    remote educational program following an evaluation of the 
    student's progress in the program, a determination that the 
    student's continuation in the program will best serve the 
    student's individual learning needs, and an amendment to 
    the student's written remote educational plan addressing 
    any changes for the upcoming term of the program. 
    (b)  A school district may, by resolution of its school 
board, establish a remote educational program.
    (c)  Days of attendance by students in a remote educational 
program meeting the requirements of this Section may be claimed 
by the school district and shall be counted as school work for 
general State aid purposes in accordance with and subject to 
the limitations of Section 18-8.05 of this Code.
    (d)  The impact of remote educational programs on wages, 
hours, and terms and conditions of employment of educational 
employees within the school district shall be subject to local 
collective bargaining agreements.
    (e)  The use of a home or other location outside of a school 
building for a remote educational program shall not cause the 
home or other location to be deemed a public school facility. 
    (f)  A remote educational program may be used, but is not 
required, for instruction delivered to a student in the home or 
other location outside of a school building that is not claimed 
for general State aid purposes under Section 18-8.05 of this 
Code.
    (g) School districts that, pursuant to this Section, adopt 
a policy for a remote educational program must submit to the 
State Board of Education a copy of the policy and any 
amendments thereto, as well as data on student participation in 
a format specified by the State Board of Education.   The State 
Board of Education may perform or contract with an outside 
entity to perform an evaluation of remote educational programs 
in this State.
    (h) The State Board of Education may adopt any rules 
necessary to ensure compliance by remote educational programs 
with the requirements of this Section and other applicable 
legal requirements. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.