| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning education.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Illinois Virtual School Act. | ||||||||||||||||||||||||
6 | Section 5. Policy and purposes. The General Assembly | ||||||||||||||||||||||||
7 | hereby finds and declares that meeting the educational needs of | ||||||||||||||||||||||||
8 | children in our State's schools is of the greatest importance | ||||||||||||||||||||||||
9 | to the future welfare of this State; closing the achievement | ||||||||||||||||||||||||
10 | gap between high-performing students, including the gap | ||||||||||||||||||||||||
11 | between minority and non-minority students and between | ||||||||||||||||||||||||
12 | economically disadvantaged students and their more advantaged | ||||||||||||||||||||||||
13 | peers, is a significant and present challenge; and providing a | ||||||||||||||||||||||||
14 | broader range of educational options to parents and utilizing | ||||||||||||||||||||||||
15 | existing resources, along with technology, may help students in | ||||||||||||||||||||||||
16 | our State improve their academic achievement. In recognition of | ||||||||||||||||||||||||
17 | these needs, this Act creates the Illinois Virtual School, a | ||||||||||||||||||||||||
18 | statewide virtual school, to ensure equitable access to rich | ||||||||||||||||||||||||
19 | and varied learning opportunities for Illinois students, with | ||||||||||||||||||||||||
20 | an emphasis on curricular areas needed to ensure that all | ||||||||||||||||||||||||
21 | students can meet the Illinois Learning Standards and succeed | ||||||||||||||||||||||||
22 | in higher education and the workplace; support schools in the | ||||||||||||||||||||||||
23 | integration of online learning technology into their own |
| |||||||
| |||||||
1 | educational programs; and expand high-quality professional | ||||||
2 | development opportunities for Illinois teachers and other | ||||||
3 | educators. | ||||||
4 | The primary purposes of the Illinois Virtual School shall | ||||||
5 | be the following: | ||||||
6 | (1) to offer to all students in this State in grades | ||||||
7 | kindergarten through 12 rigorous online courses aligned to | ||||||
8 | State and national standards and taught by highly qualified | ||||||
9 | online instructors to supplement and complement the | ||||||
10 | educational opportunities available in the students' | ||||||
11 | current educational setting; | ||||||
12 | (2) to provide to schools in this State access to the | ||||||
13 | same online courses along with professional development | ||||||
14 | for the schools' faculty so that the local school may | ||||||
15 | provide online learning options taught by their own | ||||||
16 | faculty; and
| ||||||
17 | (3) to provide online professional development | ||||||
18 | opportunities for Illinois teachers and other educators to | ||||||
19 | assist in meeting re-certification requirements. | ||||||
20 | Section 10. Creation and funding. There is hereby created | ||||||
21 | the Illinois Virtual School, a statewide virtual school to | ||||||
22 | serve Illinois students in kindergarten through grade 12 and | ||||||
23 | Illinois teachers and other educators, funded through an annual | ||||||
24 | State appropriation to meet the operation and capital needs of | ||||||
25 | the Illinois Virtual School. Fees may be charged to schools and |
| |||||||
| |||||||
1 | home-schooled families on a per enrollment basis to cover costs | ||||||
2 | directly associated with the offering of online courses and the | ||||||
3 | providing of online curriculum to Illinois schools. The | ||||||
4 | Illinois Virtual School may also charge fees for services | ||||||
5 | provided to students and schools outside of this State in order | ||||||
6 | to further support the services provided to Illinois students | ||||||
7 | and educators. | ||||||
8 | In order to be eligible for State appropriations, the | ||||||
9 | Illinois Virtual School shall submit to the State Board of | ||||||
10 | Education not later than the 1st day of October of each year | ||||||
11 | its budget proposal for the operation and capital needs of the | ||||||
12 | Illinois Virtual School for its next fiscal year. | ||||||
13 | Section 15. Accountability. The operations of the Illinois | ||||||
14 | Virtual School must be audited on an annual basis by the Office | ||||||
15 | of the Auditor General. The Illinois Virtual School shall | ||||||
16 | prepare an annual report to be submitted to the General | ||||||
17 | Assembly and the Governor regarding the Illinois Virtual | ||||||
18 | School's accomplishments. An external program evaluation must | ||||||
19 | be conducted by an organization with knowledge and expertise in | ||||||
20 | online learning at least every 3 years. | ||||||
21 | Section 20. Online courses. | ||||||
22 | (a) In accordance with the first purpose of the Illinois | ||||||
23 | Virtual School in Section 5 of this Act, the Illinois Virtual | ||||||
24 | School is authorized to offer online courses to all students in |
| |||||||
| |||||||
1 | grades kindergarten through 12. | ||||||
2 | (b) The Illinois Virtual School shall have the following | ||||||
3 | responsibilities: | ||||||
4 | (1) The curriculum must be aligned to State or national | ||||||
5 | learning standards. | ||||||
6 | (2) The courses must be delivered by certified teachers | ||||||
7 | that meet applicable highly qualified criteria under the | ||||||
8 | federal No Child Left Behind Act of 2001 and have knowledge | ||||||
9 | and skills specific to teaching online. These teachers may | ||||||
10 | be considered by the students' school as the teacher of | ||||||
11 | record. | ||||||
12 | (3) The Illinois Virtual School must provide support | ||||||
13 | and training to staff at the students' school with respect | ||||||
14 | to their participation in online courses. | ||||||
15 | (4) Upon completion of a course, the Illinois Virtual | ||||||
16 | School must provide a report to the students' school | ||||||
17 | regarding the students' academic performance based upon | ||||||
18 | his or her demonstrated level of mastery of the subject | ||||||
19 | matter. | ||||||
20 | (c) The local school shall have the following | ||||||
21 | responsibilities: | ||||||
22 | (1) To make the determination if a student is approved | ||||||
23 | to enroll in an Illinois Virtual School course. The school | ||||||
24 | may not deny a student participation in an Illinois Virtual | ||||||
25 | School course if the course is an appropriate part of the | ||||||
26 | student's course of instruction and the school is unable to |
| |||||||
| |||||||
1 | provide the course locally by a certified instructor. | ||||||
2 | (2) When the student is at the school building, to | ||||||
3 | provide supervision of the student during periods of time | ||||||
4 | the student is assigned to work on his or her Illinois | ||||||
5 | Virtual School course. | ||||||
6 | (3) When requested by the Illinois Virtual School | ||||||
7 | instructor, to proctor a student's participation in | ||||||
8 | Illinois Virtual School activities or assessments. | ||||||
9 | (4) If the course is designated by the Illinois Virtual | ||||||
10 | School as covering the equivalent of at least one semester | ||||||
11 | of course content, based on the report of the student's | ||||||
12 | academic performance upon the completion of the course, to | ||||||
13 | issue a final grade consistent with local school policy and | ||||||
14 | place the course on the student's permanent record or | ||||||
15 | academic transcript. | ||||||
16 | (5) To provide payment to the Illinois Virtual School | ||||||
17 | for applicable enrollment fees.
| ||||||
18 | (d) If a student is home schooled, the student's parent or | ||||||
19 | legal guardian has the responsibility to do the following: | ||||||
20 | (1) Make the determination if the student is approved | ||||||
21 | to enroll in an Illinois Virtual School course. | ||||||
22 | (2) Make sure the student's Illinois Virtual School | ||||||
23 | course is supervised by a responsible adult. | ||||||
24 | (3) When requested by the Illinois Virtual School | ||||||
25 | instructor, proctor the student's participation in | ||||||
26 | Illinois Virtual School activities or assessments. |
| |||||||
| |||||||
1 | (4) Provide payment to the Illinois Virtual School for | ||||||
2 | the applicable enrollment fees. | ||||||
3 | Section 25. Access and equity. The Illinois Virtual School | ||||||
4 | is established to increase the access and equity of diverse and | ||||||
5 | rigorous curricular offerings to all students in this State. As | ||||||
6 | such, the Illinois Virtual School shall establish policies and | ||||||
7 | practices that are explicitly intended to serve those students | ||||||
8 | not currently receiving access to such offerings. | ||||||
9 | Section 30. Board of Trustees. The Illinois Virtual School | ||||||
10 | shall be governed by a Board of Trustees, which shall consist | ||||||
11 | of the following members: | ||||||
12 | (1) Four representatives of kindergarten through grade | ||||||
13 | 12 education, appointed by the State Superintendent of | ||||||
14 | Education. | ||||||
15 | (2) Three representatives of higher education, 2 of | ||||||
16 | whom are appointed by the Executive Director of the Board | ||||||
17 | of Higher Education and the other appointed by the | ||||||
18 | Executive Director of the Illinois Community College | ||||||
19 | Board. | ||||||
20 | (3) Two representatives of the Illinois business | ||||||
21 | community, appointed by the Governor.
| ||||||
22 | (4) Two representatives of the public at large | ||||||
23 | appointed by the Governor. | ||||||
24 | (5) Four ex-officio nonvoting members, who shall be the |
| |||||||
| |||||||
1 | State Superintendent of Education or his or her designee, | ||||||
2 | the Executive Director of the Illinois Community College | ||||||
3 | Board or his or her designee, the Executive Director of the | ||||||
4 | Board of Higher Education or his or her designee, and the | ||||||
5 | President of the Illinois Mathematics and Science Academy | ||||||
6 | or his or her designee.
| ||||||
7 | With the exception of the initial appointments, the | ||||||
8 | members' terms of office shall be for 6 years. At the first | ||||||
9 | meeting of the Board, members shall draw lots for appointments | ||||||
10 | of 2, 4, or 6-year initial terms. Vacancies shall be filled for | ||||||
11 | the unexpired portion of the terms by appointment of the person | ||||||
12 | who appointed the member causing such vacancy. The initial | ||||||
13 | terms shall commence upon appointment and end upon expiration | ||||||
14 | of the term. A member shall continue serving until a successor | ||||||
15 | is appointed. The Board shall select a chairperson from among | ||||||
16 | its members who shall serve a 2-year term as chairperson. | ||||||
17 | Members shall receive no salary, but shall be reimbursed for | ||||||
18 | all ordinary and necessary expenses incurred in performing | ||||||
19 | their duties as members of the Board. | ||||||
20 | Section 35. Powers of the Board. The Board of Trustees is | ||||||
21 | hereby authorized to do the following: | ||||||
22 | (1) Select a President, who shall be the chief | ||||||
23 | executive officer of the Illinois Virtual School and who | ||||||
24 | shall administer the rules and policies adopted by the | ||||||
25 | Board pursuant to this Section. The President shall also be |
| |||||||
| |||||||
1 | the chief administrative officer of the Board and shall be | ||||||
2 | responsible for all of the administrative functions, | ||||||
3 | duties, and needs of the Board. The President may not be a | ||||||
4 | member of the Board. | ||||||
5 | (2) Accept donations, bequests, or other forms of | ||||||
6 | financial assistance for educational purposes from any | ||||||
7 | public or private person or agency and comply with rules | ||||||
8 | and regulations governing grants from the federal | ||||||
9 | government or from any other person or agency that are not | ||||||
10 | in contravention of the Illinois Constitution or the laws | ||||||
11 | of the State of Illinois. | ||||||
12 | (3) Purchase equipment and make improvements to | ||||||
13 | facilities necessary for the use of the Illinois Virtual | ||||||
14 | School, in accordance with applicable law. | ||||||
15 | (4) Adopt, amend, or repeal rules and policies | ||||||
16 | necessary or proper for the conduct of the business of the | ||||||
17 | Board and for the efficient operation of the Illinois | ||||||
18 | Virtual School. | ||||||
19 | (5) Award certificates and issue diplomas for | ||||||
20 | successful completion of program of study requirements in | ||||||
21 | such cases where the Illinois Virtual School is authorized | ||||||
22 | to issue credit and diplomas. | ||||||
23 | (6) Adopt an annual budget, recommended by the | ||||||
24 | President, for the continued operation of the Illinois | ||||||
25 | Virtual School. | ||||||
26 | (7) Enter into contracts and agreements that have been |
| |||||||
| |||||||
1 | recommended by the President, in accordance with | ||||||
2 | applicable law, and, to the extent that funds are | ||||||
3 | specifically appropriated, with other public agencies with | ||||||
4 | respect to cooperative enterprises and undertakings | ||||||
5 | related to or associated with an educational purpose or | ||||||
6 | program affecting education in the Illinois Virtual | ||||||
7 | School. This shall not preclude the Board from entering | ||||||
8 | into other contracts and agreements that it may deem | ||||||
9 | necessary to carry out its duties and functions. | ||||||
10 | The Board shall delegate to the President such of its | ||||||
11 | administrative powers and duties as it deems appropriate to aid | ||||||
12 | the President in the efficient administration of his or her | ||||||
13 | responsibility for the implementation of the policies of the | ||||||
14 | Board. | ||||||
15 | The Illinois Virtual School shall be empowered to lease or | ||||||
16 | purchase real and personal property on commercially reasonable | ||||||
17 | terms for the use of the Illinois Virtual School. Any leases or | ||||||
18 | purchases of real or personal property and any disposition | ||||||
19 | thereof by the Illinois Virtual School must be in compliance | ||||||
20 | with the provisions of the Civil Administrative Code of | ||||||
21 | Illinois and the State Property Control Act. Personal property | ||||||
22 | acquired for the use of the Illinois Virtual School shall be | ||||||
23 | inventoried and disposed of in accordance with the State | ||||||
24 | Property Control Act. | ||||||
25 | The Illinois Virtual School, its Board of Trustees, and its | ||||||
26 | employees shall be represented and indemnified in certain civil |
| |||||||
| |||||||
1 | lawsuits in accordance with the State Employee Indemnification | ||||||
2 | Act. | ||||||
3 | Section 40. Transition from existing State Board of | ||||||
4 | Education program. The following shall apply in order to | ||||||
5 | provide an orderly transition from the current statewide online | ||||||
6 | program operated by the State Board of Education established | ||||||
7 | through policy action on August 24, 2000 or its successor | ||||||
8 | programs: | ||||||
9 | (1) In order to allow for the hiring of a President and | ||||||
10 | other staff to conduct activities to transition from the | ||||||
11 | current program to the Illinois Virtual School, the | ||||||
12 | Illinois Virtual School Board of Trustees shall be formed | ||||||
13 | no later than 60 days after the effective date of this Act. | ||||||
14 | (2) The State Board of Education's current statewide | ||||||
15 | online program shall continue to deliver courses through | ||||||
16 | the end of the 2015-2016 school year. The Illinois Virtual | ||||||
17 | School shall begin offering courses beginning with the | ||||||
18 | summer 2016 term. | ||||||
19 | (3) All intellectual property that was developed by the | ||||||
20 | State Board of Education or its contractors and | ||||||
21 | subcontractors for the operation of the State Board of | ||||||
22 | Education's statewide online program shall be transferred | ||||||
23 | to the Illinois Virtual School. | ||||||
24 | (4) At the request of the Illinois Virtual School, any | ||||||
25 | physical property owned by the State Board of Education or |
| |||||||
| |||||||
1 | its contractors that is being used for the operation of the | ||||||
2 | State Board of Education's statewide online program shall | ||||||
3 | be transferred to the Illinois Virtual School. | ||||||
4 | (5) At the discretion of the Illinois Virtual School, | ||||||
5 | in lieu of a competitive bid process required by State law, | ||||||
6 | any contract or sub-contract established by the State Board | ||||||
7 | of Education for operation of its statewide online program | ||||||
8 | may be transferred to the Illinois Virtual School for a | ||||||
9 | period of no longer than 3 years. | ||||||
10 | (6) The Illinois Virtual School shall receive an | ||||||
11 | appropriation for the fiscal year beginning July 1, 2015 to | ||||||
12 | conduct transition activities and begin offering courses | ||||||
13 | for the summer 2016 term. | ||||||
14 | (7) For the fiscal year beginning July 1, 2016, the | ||||||
15 | Illinois Virtual School shall submit its budget request to | ||||||
16 | the State Board of Education within 120 days after the | ||||||
17 | formation of the Illinois Virtual School Board of Trustees.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|