HB5168 96TH GENERAL ASSEMBLY

LRB096 16790 MJR 32095 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5168

Introduced 2/1/2010, by Rep. Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Virtual School Act. Establishes the Illinois Virtual School as a statewide virtual school to serve Illinois students in kindergarten through grade 12 and Illinois teachers and other educators, to be funded through an annual State appropriation to meet the operation and capital needs of the Illinois Virtual School. Sets forth provisions concerning fees, accountability, online courses, access and equity, a Board of Trustees, the powers of the Board, and the transition from the existing State Board of Education program. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 1. Short title. This Act may be cited as the Illinois Virtual School Act.

Section 5. Policy and purposes. The General Assembly hereby finds and declares that meeting the educational needs of children in our State's schools is of the greatest importance to the future welfare of this State; closing the achievement gap between high-performing students, including the gap between minority and non-minority students and between economically disadvantaged students and their more advantaged peers, is a significant and present challenge; and providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in our State improve their academic achievement. In recognition of these needs, this Act creates the Illinois Virtual School, a statewide virtual school, to ensure equitable access to rich and varied learning opportunities for Illinois students, with an emphasis on curricular areas needed to ensure that all students can meet the Illinois Learning Standards and succeed in higher education and the workplace; support schools in the integration of online learning technology into their own educational programs; and expand high-quality professional development opportunities for Illinois teachers and other educators.

The primary purposes of the Illinois Virtual School shall be the following:

(1) to offer to all students in this State in grades kindergarten through 12 rigorous online courses aligned to State and national standards and taught by highly qualified online instructors to supplement and complement the educational opportunities available in the students' current educational setting;

(2) to provide to schools in this State access to the same online courses along with professional development for the schools' faculty so that the local school may provide online learning options taught by their own faculty; and

(3) to provide online professional development opportunities for Illinois teachers and other educators to assist in meeting re-certification requirements.

Section 10. Creation and funding. There is hereby created the Illinois Virtual School, a statewide virtual school to serve Illinois students in kindergarten through grade 12 and Illinois teachers and other educators, funded through an annual State appropriation to meet the operation and capital needs of the Illinois Virtual School. Fees may be charged to schools and home-schooled families on a per enrollment basis to cover costs directly associated with the offering of online courses and the providing of online curriculum to Illinois schools. The Illinois Virtual School may also charge fees for services provided to students and schools outside of this State in order to further support the services provided to Illinois students and educators.

In order to be eligible for State appropriations, the Illinois Virtual School shall submit to the State Board of Education not later than the 1st day of October of each year its budget proposal for the operation and capital needs of the Illinois Virtual School for its next fiscal year.

Section 15. Accountability. The operations of the Illinois Virtual School must be audited on an annual basis by the Office of the Auditor General. The Illinois Virtual School shall prepare an annual report to be submitted to the General Assembly and the Governor regarding the Illinois Virtual School's accomplishments. An external program evaluation must be conducted by an organization with knowledge and expertise in online learning at least every 3 years.

Section 20. Online courses.

(a) In accordance with the first purpose of the Illinois Virtual School in Section 5 of this Act, the Illinois Virtual School is authorized to offer online courses to all students in grades kindergarten through 12.

(b) The Illinois Virtual School shall have the following responsibilities:

(1) The curriculum must be aligned to State or national learning standards.

(2) The courses must be delivered by certified teachers that meet applicable highly qualified criteria under the federal No Child Left Behind Act of 2001 and have knowledge and skills specific to teaching online. These teachers may be considered by the students' school as the teacher of record.

(3) The Illinois Virtual School must provide support and training to staff at the students' school with respect to their participation in online courses.

(4) Upon completion of a course, the Illinois Virtual School must provide a report to the students' school regarding the students' academic performance based upon his or her demonstrated level of mastery of the subject matter.

(c) The local school shall have the following responsibilities:

(1) To make the determination if a student is approved to enroll in an Illinois Virtual School course. The school may not deny a student participation in an Illinois Virtual School course if the course is an appropriate part of the student's course of instruction and the school is unable to provide the course locally by a certified instructor.

(2) When the student is at the school building, to provide supervision of the student during periods of time the student is assigned to work on his or her Illinois Virtual School course.

(3) When requested by the Illinois Virtual School instructor, to proctor a student's participation in Illinois Virtual School activities or assessments.

(4) If the course is designated by the Illinois Virtual School as covering the equivalent of at least one semester of course content, based on the report of the student's academic performance upon the completion of the course, to issue a final grade consistent with local school policy and place the course on the student's permanent record or academic transcript.

(5) To provide payment to the Illinois Virtual School for applicable enrollment fees.

(d) If a student is home schooled, the student's parent or legal guardian has the responsibility to do the following:

(1) Make the determination if the student is approved to enroll in an Illinois Virtual School course.

(2) Make sure the student's Illinois Virtual School course is supervised by a responsible adult.

(3) When requested by the Illinois Virtual School instructor, proctor the student's participation in Illinois Virtual School activities or assessments.

(4) Provide payment to the Illinois Virtual School for the applicable enrollment fees.

(e) The Illinois Virtual School may not issue credit or diplomas except in the following situations:

(1) The student is home schooled.

(2) The student left school without earning a diploma and his or her class had graduated.

(3) Upon the request of the school district in which the student resides.

Section 25. Access and equity. The Illinois Virtual School is established to increase the access and equity of diverse and rigorous curricular offerings to all students in this State. As such, the Illinois Virtual School shall establish policies and practices that are explicitly intended to serve those students not currently receiving access to such offerings.

Section 30. Board of Trustees. The Illinois Virtual School shall be governed by a Board of Trustees, which shall consist of the following members:

(1) Four representatives of kindergarten through grade 12 education, appointed by the State Superintendent of Education.

(2) Three representatives of higher education, 2 of whom are appointed by the Executive Director of the Board of Higher Education and the other appointed by the Executive Director of the Illinois Community College Board.

(3) Two representatives of the Illinois business community, appointed by the Governor.

(4) Two representatives of the public at large appointed by the Governor.

(5) Four ex-officio nonvoting members, who shall be the State Superintendent of Education or his or her designee, the Executive Director of the Illinois Community College Board or his or her designee, the Executive Director of the Board of Higher Education or his or her designee, and the President of the Illinois Mathematics and Science Academy or his or her designee.

With the exception of the initial appointments, the members' terms of office shall be for 6 years. At the first meeting of the Board, members shall draw lots for appointments of 2, 4, or 6-year initial terms. Vacancies shall be filled for the unexpired portion of the terms by appointment of the person who appointed the member causing such vacancy. The initial terms shall commence upon appointment and end upon expiration of the term. A member shall continue serving until a successor is appointed. The Board shall select a chairperson from among its members who shall serve a 2-year term as chairperson. Members shall receive no salary, but shall be reimbursed for all ordinary and necessary expenses incurred in performing their duties as members of the Board.

Section 35. Powers of the Board. The Board of Trustees is hereby authorized to do the following:

(1) Select a President, who shall be the chief executive officer of the Illinois Virtual School and who shall administer the rules and policies adopted by the Board pursuant to this Section. The President shall also be the chief administrative officer of the Board and shall be responsible for all of the administrative functions, duties, and needs of the Board. The President may not be a member of the Board.

(2) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency that are not in contravention of the Illinois Constitution or the laws of the State of Illinois.

(3) Purchase equipment and make improvements to facilities necessary for the use of the Illinois Virtual School, in accordance with applicable law.

(4) Adopt, amend, or repeal rules and policies necessary or proper for the conduct of the business of the Board and for the efficient operation of the Illinois Virtual School.

(5) Award certificates and issue diplomas for successful completion of program of study requirements in such cases where the Illinois Virtual School is authorized to issue credit and diplomas.

(6) Adopt an annual budget, recommended by the President, for the continued operation of the Illinois Virtual School.

(7) Enter into contracts and agreements that have been recommended by the President, in accordance with applicable law, and, to the extent that funds are specifically appropriated, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the Illinois Virtual School. This shall not preclude the Board from entering into other contracts and agreements that it may deem necessary to carry out its duties and functions.

The Board shall delegate to the President such of its administrative powers and duties as it deems appropriate to aid the President in the efficient administration of his or her responsibility for the implementation of the policies of the Board.

The Illinois Virtual School shall be empowered to lease or purchase real and personal property on commercially reasonable terms for the use of the Illinois Virtual School. Any leases or purchases of real or personal property and any disposition thereof by the Illinois Virtual School must be in compliance with the provisions of the Civil Administrative Code of Illinois and the State Property Control Act. Personal property acquired for the use of the Illinois Virtual School shall be inventoried and disposed of in accordance with the State Property Control Act.

The Illinois Virtual School, its Board of Trustees, and its employees shall be represented and indemnified in certain civil lawsuits in accordance with the State Employee Indemnification Act.

Section 40. Transition from existing State Board of Education program. The following shall apply in order to provide an orderly transition from the current statewide online program operated by the State Board of Education established through policy action on August 24, 2000 or its successor programs:

(1) In order to allow for the hiring of a President and other staff to conduct activities to transition from the current program to the Illinois Virtual School, the Illinois Virtual School Board of Trustees shall be formed no later than 60 days after the effective date of this Act.

(2) The State Board of Education's current statewide online program shall continue to deliver courses through the end of the 2010-2011 school year. The Illinois Virtual School shall begin offering courses beginning with the summer 2011 term.

(3) All intellectual property that was developed by the State Board of Education or its contractors and subcontractors for the operation of the State Board of Education's statewide online program shall be transferred to the Illinois Virtual School.

(4) At the request of the Illinois Virtual School, any physical property owned by the State Board of Education or its contractors that is being used for the operation of the State Board of Education's statewide online program shall be transferred to the Illinois Virtual School.

(5) At the discretion of the Illinois Virtual School, in lieu of a competitive bid process required by State law, any contract or sub-contract established by the State Board of Education for operation of its statewide online program may be transferred to the Illinois Virtual School for a period of no longer than 3 years.

(6) The Illinois Virtual School shall receive an appropriation for the fiscal year beginning July 1, 2010 to conduct transition activities and begin offering courses for the summer 2011 term.

(7) For the fiscal year beginning July 1, 2011, the Illinois Virtual School shall submit its budget request to the State Board of Education within 120 days after the formation of the Illinois Virtual School Board of Trustees.

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