Full Text of SB0237 99th General Assembly
SB0237sam002 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/14/2016
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| 1 | | AMENDMENT TO SENATE BILL 237
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 237 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Course Equity Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "BHE" means the Board of Higher Education. | 8 | | "Core course" means English/Language Arts I, | 9 | | English/Language Arts II, English/Language Arts III, | 10 | | English/Language Arts IV, AP English Language and Composition | 11 | | or an equivalent dual credit course, English/Literature, and AP | 12 | | English Literature and Composition or an equivalent dual credit | 13 | | course for English Language Arts courses as defined in the | 14 | | State Board's secondary course catalog; Integrated Math I, | 15 | | Integrated Math II, Integrated Math III, General Math, | 16 | | Pre-Algebra, Algebra I, Geometry, Algebra II, Trigonometry, |
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| 1 | | Precalculus, Calculus, AP Calculus AB or an equivalent dual | 2 | | credit course, and AP Calculus BC or an equivalent dual credit | 3 | | course for Mathematics courses as defined in the State Board's | 4 | | secondary course catalog; Biology, AP Biology or an equivalent | 5 | | dual credit course, Chemistry, AP Chemistry or an equivalent | 6 | | dual credit course, Physics, and AP Physics or an equivalent | 7 | | dual credit course for Life and Physical Science courses as | 8 | | defined in the State Board's secondary course catalog; World | 9 | | History, AP World History or an equivalent dual credit course, | 10 | | U.S. History, AP U.S. History or an equivalent dual credit | 11 | | course, Political Science, Civics, U.S. Government, and AP U.S. | 12 | | Government and Politics or an equivalent dual credit course for | 13 | | Social Sciences and History courses as defined in the State | 14 | | Board's secondary course catalog; Spanish I, Spanish II, | 15 | | Spanish III, Spanish IV, and AP Spanish Language or an | 16 | | equivalent dual credit course for Foreign Language and | 17 | | Literature courses as defined in the State Board's secondary | 18 | | course catalog; Computer Programming, Computer Operations and | 19 | | Programming I, Computer Operations and Programming II, Visual | 20 | | Basic Programming, C++ Programming, Java Programming, Computer | 21 | | Programming - Other Language, Computer Science, AP Computer | 22 | | Science A or an equivalent dual credit course, and AP Computer | 23 | | Science AB or an equivalent dual credit course for Computer and | 24 | | Information Sciences as defined in the State Board's secondary | 25 | | course catalog; Precision Metal Production I, Precision Metal | 26 | | Production II, Machine Shop Technology I, Machine Shop |
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| 1 | | Technology II, Welding Technology I, Welding Technology II, | 2 | | Industrial Maintenance I, and Industrial Maintenance II for | 3 | | Manufacturing courses as defined in the State Board's secondary | 4 | | course catalog; or Electrical Systems I, Electrical Systems II, | 5 | | Electrical Trades I, Electrical Trades II, Industrial | 6 | | Electronics I, and Industrial Electronics II for Architecture | 7 | | and Construction courses as defined in the State Board's | 8 | | secondary course catalog. | 9 | | "Course Equity Catalog" means the website developed for the | 10 | | State Board that provides a listing of all courses authorized | 11 | | and available to students in this State, detailed information | 12 | | about the courses to inform student enrollment decisions, and | 13 | | the ability for students to submit their course enrollments. | 14 | | The data in this catalog must be published online in an open | 15 | | format that can be retrieved, downloaded, indexed, and searched | 16 | | by commonly used web-search applications. As used in this | 17 | | definition, "open format" means one that is platform | 18 | | independent, machine readable, and made available to the public | 19 | | without restrictions that would impede the reuse of that | 20 | | information. | 21 | | "Course Equity Program" means the program established | 22 | | under this Act. | 23 | | "Community colleges" means community colleges as defined | 24 | | in the Public Community College Act. | 25 | | "Course provider" means an entity authorized by the State | 26 | | Board to offer individual courses, including, but not limited |
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| 1 | | to, public or private secondary education institutions, | 2 | | education service agencies, private for-profit or | 3 | | not-for-profit providers,
postsecondary education | 4 | | institutions, and career and technical course providers. | 5 | | "Eligible funded student" means any eligible participating | 6 | | student who is currently enrolled in a public school, including | 7 | | a charter school. | 8 | | "Eligible participating student" means any student in | 9 | | grades kindergarten through 12 who resides in this State. | 10 | | "ICCB" means the Illinois Community College Board. | 11 | | "State Board" means the State Board of Education. | 12 | | "School" means a public school included in the definition | 13 | | of "public schools" as defined in the School Code. | 14 | | Section 10. Enrollment. An eligible participating student | 15 | | may enroll in Course Equity Program courses. An eligible funded | 16 | | student may enroll in Course Equity Program courses only if the | 17 | | courses the student wants to enroll in are not offered at the | 18 | | student's school. An eligible funded student may enroll in | 19 | | Course Equity Program courses up to the following level: | 20 | | (1) Unlimited for core courses. | 21 | | (2) At the discretion of the eligible funded student's | 22 | | school for non-core courses. | 23 | | The families of eligible funded students and eligible | 24 | | participating students may pay to enroll in Course Equity | 25 | | Program courses above the levels specified in this Section. |
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| 1 | | Public schools where eligible funded students are enrolled | 2 | | full-time
may review enrollment requests to ensure courses are | 3 | | academically appropriate and logistically feasible, keep the | 4 | | student on track for an on-time graduation, and do not extend a | 5 | | student beyond a full-time course load. Public schools may only | 6 | | reject core course enrollment requests for those reasons.
| 7 | | Public schools must complete the review and denial process | 8 | | within 5 days after the
student enrolls in the course. Public | 9 | | schools shall inform students and families at the time of | 10 | | denial of their right to appeal any enrollment denials in | 11 | | Course Equity Program courses to their school district's school | 12 | | board, which shall provide a final enrollment decision within 7 | 13 | | calendar days after the appeal hearing. | 14 | | Section 15. Course provider authorization process. The | 15 | | State Board shall: | 16 | | (1) establish an authorization process for non-dual | 17 | | credit course providers that may include multiple | 18 | | opportunities for submission each year; | 19 | | (2) not later than 90 calendar days from the initial | 20 | | submission date, authorize course providers that: | 21 | | (A) meet the criteria established under Section 20 | 22 | | of this Act; and | 23 | | (B) provide courses that offer the instructional | 24 | | rigor and scope required under Section 25 of this Act; | 25 | | (3) not later than 90 calendar days from the initial |
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| 1 | | submission date, provide a written explanation to any | 2 | | course providers that are denied; if a course provider is | 3 | | denied authorization, the provider may apply again in the | 4 | | future; and | 5 | | (4) publish the process established under Section 20 of | 6 | | this Act, including any deadlines and any guidelines | 7 | | applicable to the submission and authorization process for | 8 | | providers. | 9 | | If the State Board determines that there are insufficient | 10 | | funds available for evaluating and authorizing course | 11 | | providers and administering the Course Equity Program, it may | 12 | | charge applicant providers a fee up to, but no greater than, | 13 | | the amount of the costs in order to ensure that evaluation, | 14 | | authorization, and administration of the Course Equity Program | 15 | | occurs. | 16 | | The ICCB shall establish a separate authorization process | 17 | | for dual credit courses offered by community colleges. The BHE | 18 | | shall establish a separate authorization process for dual | 19 | | credit courses offered by public and private universities. The | 20 | | ICCB and BHE shall collaborate and establish authorization | 21 | | processes that are identical to the extent practicable. | 22 | | If the ICCB or BHE determines that there are insufficient | 23 | | funds available for evaluating and authorizing course | 24 | | providers and administering the Course Equity Program, it may | 25 | | charge applicant providers a fee up to, but no greater than, | 26 | | the amount of the costs in order to ensure that evaluation, |
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| 1 | | authorization, and administration of the Course Equity Program | 2 | | occurs. | 3 | | Section 20. Course provider authorization criteria. To be | 4 | | authorized to offer a course through the Course Equity Program, | 5 | | a provider must: | 6 | | (1) comply with all applicable antidiscrimination | 7 | | provisions, as well as applicable State and federal student | 8 | | data privacy provisions, such as the federal Family | 9 | | Educational Rights and Privacy Act; | 10 | | (2) provide an assurance that all online information | 11 | | and resources for courses are fully accessible for students | 12 | | of all abilities, including that: | 13 | | (A) all of the courses submitted for approval are | 14 | | reviewed to ensure they meet legal accessibility | 15 | | standards; | 16 | | (B) the provider has policies and activities to | 17 | | ensure its organizational and course websites meet | 18 | | accessibility requirements; and | 19 | | (C) the provider has no gateway exam or test in | 20 | | which a specific score is required to participate in | 21 | | Course Equity Program courses beyond
completion of | 22 | | prerequisite coursework or demonstrated mastery of | 23 | | prerequisite
material; | 24 | | (3) demonstrate either: | 25 | | (A) prior evidence of delivering quality outcomes |
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| 1 | | for students, as demonstrated by completion rates, | 2 | | student level growth, proficiency, or other | 3 | | quantifiable outcomes; or | 4 | | (B) for a course provider applying to offer a | 5 | | subject or grade level for the first time, a detailed | 6 | | justification, in a manner determined by the State | 7 | | Board, ICCB, or BHE, as applicable, of
how its | 8 | | organization's subject matter, instructional, or | 9 | | technical expertise
will lead to successful outcomes | 10 | | for students; | 11 | | (4) ensure instructional and curricular quality | 12 | | through a detailed curriculum and student performance | 13 | | accountability plan that aligns with and measures student | 14 | | attainment of relevant State academic standards or other | 15 | | relevant standards in courses without State academic | 16 | | standards; and | 17 | | (5) provide assurances that the course provider shall | 18 | | electronically provide, in a manner and format determined | 19 | | by the State Board, ICCB, or BHE, as applicable, a detailed | 20 | | student record of enrollment, performance, completion, and | 21 | | grading information with the school systems where eligible | 22 | | participating students are enrolled full time. | 23 | | A provider offering dual credit courses shall be exempt | 24 | | from item (C) of paragraph (2) of this Section. | 25 | | Section 25. Course quality reviews. The State Board shall |
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| 1 | | establish a course review and
approval process for non-dual | 2 | | credit providers. The process may be implemented by the State | 3 | | Board or by an entity
designated by the State Board. The ICCB | 4 | | and BHE shall collaborate and establish course review and | 5 | | approval processes for dual credit courses that are identical | 6 | | to the extent practicable. In order to be approved and added to | 7 | | the Course Equity Catalog, a course must: | 8 | | (1) be, at a minimum, the equivalent in instructional | 9 | | rigor and scope to a course that is provided in a | 10 | | traditional classroom setting; | 11 | | (2) be aligned to relevant State academic standards or | 12 | | industry standards; | 13 | | (3) possess an assessment component for determining | 14 | | student proficiency, as well as student growth if | 15 | | applicable; and | 16 | | (4) be designed and implemented consistently with | 17 | | standards established by the State Board. | 18 | | Section 30. Provider and course monitoring and | 19 | | reauthorization. | 20 | | (a) The initial authorization of the course provider and | 21 | | approved courses shall be for a period of one year. | 22 | | (b) Providers must annually report, in such a manner as | 23 | | directed by the State Board or by the ICCB and BHE if they are a | 24 | | dual credit provider: | 25 | | (1) student enrollment data, including ethnic, income, |
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| 1 | | and gender demographics; | 2 | | (2) student outcomes, growth measures if available, | 3 | | proficiency rates, and completion rates for each subject | 4 | | area and grade level; and | 5 | | (3) student and parental feedback on overall | 6 | | satisfaction and quality. | 7 | | (c) After the first year of the initial authorization | 8 | | period, the State Board shall conduct a thorough review of the | 9 | | course provider's activities and the academic performance of | 10 | | the students enrolled in courses offered by the course | 11 | | provider. | 12 | | (d) If the performance of the students enrolled in courses | 13 | | offered by the course provider does not meet agreed-upon | 14 | | performance standards at any time, the course provider shall be | 15 | | placed on probation and be required to submit a plan for | 16 | | improvement. The State Board, ICCB, or BHE, as applicable, | 17 | | shall determine the terms of probation, specifically including | 18 | | the results the course provider must achieve to return to good | 19 | | standing. Course providers shall have a minimum of 90 days to | 20 | | achieve the results indicated in their terms of probation. The | 21 | | State Board, ICCB, or BHE, as applicable, shall, at their sole | 22 | | discretion, determine if the course provider has met the | 23 | | specified results required for the course provider to return to | 24 | | good standing. If a course provider fails to return to good | 25 | | standing within the timeframe cited in its terms of probation, | 26 | | the State Board, ICCB, or BHE, as applicable, may terminate its |
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| 1 | | status as a course provider. A course provider terminated as a | 2 | | result of being put on probation may not
reapply to become a | 3 | | course provider. | 4 | | (e) After the initial one year authorization period, the | 5 | | State Board, ICCB, or BHE may reauthorize the course provider | 6 | | for additional periods of up to 3 years after thorough review | 7 | | of the course provider's activities and the achievement of | 8 | | students enrolled in courses offered by the course provider. | 9 | | (f) The State Board, ICCB, or BHE may exclude a course | 10 | | provided by an authorized provider at any time if the State | 11 | | Board, ICCB, or BHE, as applicable, determines that: | 12 | | (1) the course is no longer adequately aligned with | 13 | | State academic standards; | 14 | | (2) the course no longer provides a detailed and | 15 | | quality curriculum and accountability plan; or | 16 | | (3) the course fails to deliver outcomes as measured by | 17 | | course completion, proficiency, or student academic growth | 18 | | on State or nationally accepted assessments. | 19 | | Section 35. Interstate course reciprocity. The State | 20 | | Board, ICCB, or BHE may enter into a reciprocity
agreement with | 21 | | other states for the purpose of authorizing and approving high | 22 | | quality providers and courses for the Course Equity Program and | 23 | | the operation of the Course Equity Catalog. | 24 | | Section 40. Responsibilities of State Board, ICCB, and BHE. |
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| 1 | | (a) The State Board shall: | 2 | | (1) publish the criteria required under Section 20 of | 3 | | this Act for courses that may be offered through the Course | 4 | | Equity Program; | 5 | | (2) be responsible for creating the Course Equity | 6 | | Catalog; | 7 | | (3) publish a link to the Course Equity Catalog in a | 8 | | prominent location on the State Board's website, which | 9 | | shall include a listing of courses offered by authorized | 10 | | providers available through the Course Equity Program, a | 11 | | detailed description of the courses, and any available | 12 | | student completion and outcome data; | 13 | | (4) establish and publish a timeframe or specific dates | 14 | | by which students are able to withdraw from a course | 15 | | provided through the Course Equity Program without the | 16 | | student, school district, or course provider incurring a | 17 | | penalty; and | 18 | | (5) maintain on the State Board's official website, in | 19 | | a prominent location, an informed choice report; each | 20 | | report under this Section must: | 21 | | (A) be updated within 30 calendar days after | 22 | | additional provider authorizations; | 23 | | (B) describe each course offered through the | 24 | | Course Equity Program and include information such as | 25 | | course requirements and the school year calendar for | 26 | | the course, including any options for continued |
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| 1 | | participation outside of the standard school year | 2 | | calendar; | 3 | | (C) include student and parental comments and | 4 | | feedback as detailed under Section 30 of this Act; and | 5 | | (D) be published online in an open format that can | 6 | | be retrieved, downloaded, indexed, and searched by | 7 | | commonly used web-search applications; an open format | 8 | | shall be one that is platform independent, machine | 9 | | readable, and made available to the public without | 10 | | restrictions that would impede the reuse of that | 11 | | information. | 12 | | (b) The ICCB shall: | 13 | | (1) publish the criteria required under Section 20 of | 14 | | this Act for dual credit courses offered by community | 15 | | colleges through the Course Equity Program; | 16 | | (2) publish a link to the Course Equity Catalog in a | 17 | | prominent location on the ICCB's website, which shall | 18 | | include a listing of courses offered by authorized | 19 | | providers available through the Course Equity Program, a | 20 | | detailed description of the courses, and any available | 21 | | student completion and outcome data; | 22 | | (3) establish and publish a timeframe or specific dates | 23 | | by which students are able to withdraw from a course | 24 | | provided through the Course Equity Program without the | 25 | | student, school district, or course provider incurring a | 26 | | penalty; and |
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| 1 | | (4) maintain on the ICCB's official website, in a | 2 | | prominent location, an informed choice report as | 3 | | previously outlined in this Section. | 4 | | (c) The BHE shall: | 5 | | (1) publish the criteria required under Section 20 of | 6 | | this Act for dual credit courses offered by public and | 7 | | private universities and colleges through the Course | 8 | | Equity Program; | 9 | | (2) publish a link to the Course Equity Catalog in a | 10 | | prominent location on the BHE's website, which shall | 11 | | include a listing of courses offered by authorized | 12 | | providers available through the Course Equity Program, a | 13 | | detailed description of the courses, and any available | 14 | | student completion and outcome data; | 15 | | (3) establish and publish a timeframe or specific dates | 16 | | by which students are able to withdraw from a course | 17 | | provided through the Course Equity Program without the | 18 | | student, school district, or course provider incurring a | 19 | | penalty; and | 20 | | (4) maintain on the BHE's official website, in a | 21 | | prominent location, an informed choice report as | 22 | | previously outlined in this Section. | 23 | | (d) The State Board, ICCB, and BHE shall jointly submit an | 24 | | annual report on the Course Equity Program and the | 25 | | participation of entities to the Governor and the General | 26 | | Assembly. The report shall, at a minimum, include the following |
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| 1 | | information: | 2 | | (1) the annual number of students participating in | 3 | | courses authorized under this Act and the total number of | 4 | | courses students are enrolled in; | 5 | | (2) the number of authorized providers; | 6 | | (3) the number of authorized courses and the number of | 7 | | students enrolled in each course; | 8 | | (4) the number of courses available by subject; | 9 | | (5) the number of students enrolled in courses by | 10 | | subject; and | 11 | | (6) student outcome data, including completion rates, | 12 | | student learning gains, and student performance on State or | 13 | | nationally accepted assessments, by subject and grade | 14 | | level by provider; this outcome data must be published in a | 15 | | manner that protects student privacy. | 16 | | The State Board, ICCB, and BHE shall note any data not yet | 17 | | available at the time of submission and when the data will | 18 | | become available and include the data in future reports. The | 19 | | report and underlying data shall also be published online in an | 20 | | open format that can be retrieved, downloaded, indexed, and | 21 | | searched by commonly used web-search applications. An open | 22 | | format shall be one that is platform independent, machine | 23 | | readable, and made available to the public without restrictions | 24 | | that would impede the reuse of that information. | 25 | | Section 45. Responsibilities of school district. A school |
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| 1 | | district shall: | 2 | | (1) notify students and parents, as part of any course | 3 | | enrollment period or process, of the availability of Course | 4 | | Equity Program courses in correspondence that is written in | 5 | | simple and accurate language; | 6 | | (2) publish information and eligibility guidelines on | 7 | | the school's and school district's website; and | 8 | | (3) establish policies and procedures whereby, for | 9 | | each eligible participating student, credits earned | 10 | | through the course provider shall appear on each student's | 11 | | official transcript and count fully toward the | 12 | | requirements of any approved diploma. | 13 | | The State Board shall adopt rules necessary to implement | 14 | | this Section, including, but not limited to, the requirements | 15 | | of school districts whose students enroll in courses offered by | 16 | | authorized course providers. | 17 | | Section 50. Funding. Per-course tuition shall be | 18 | | determined as follows: | 19 | | (1) After a provider is authorized to provide courses | 20 | | by the State Board, ICCB, or BHE, as applicable, it shall | 21 | | submit sealed bids to the State Board, ICCB, or BHE, as | 22 | | applicable, for courses it wants to provide. | 23 | | (2) Each sealed bid shall include 3 components: | 24 | | (A) total price, which is the total price the | 25 | | provider wants to charge for the course; |
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| 1 | | (B) base pay, which is the minimum percentage of | 2 | | the total price the provider is willing to receive for | 3 | | the course; and | 4 | | (C) performance pay, which is the percentage of the | 5 | | total price the provider is willing to receive based on | 6 | | its performance. | 7 | | (3) The State Board, ICCB, or BHE, as applicable, shall | 8 | | review bids according to quality criteria outlined in | 9 | | Section 25 of this Act. | 10 | | (4) If the State Board, ICCB, or BHE, as applicable, | 11 | | believes the first sets of bids do not represent what it | 12 | | believes to be a fair value for a course, it may ask | 13 | | approved providers to submit new bids. Such bids shall take | 14 | | the same form as the initial sealed bids. | 15 | | Transfers of course payments shall be made by the school | 16 | | district in which the student resides to the authorized course | 17 | | provider. A course provider shall receive payment only for the | 18 | | courses in which an
eligible funded student is enrolled. The | 19 | | remaining funds for each student shall remain with the
school | 20 | | district in which the student is enrolled full time. | 21 | | A course provider shall accept the amount agreed to by the | 22 | | course provider and the State Board, ICCB, or BHE, as | 23 | | applicable, as total tuition and fees for the eligible funded | 24 | | student. A course provider may charge tuition to an eligible | 25 | | participating student up to the amount agreed to by the course | 26 | | provider and the State Board. |
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| 1 | | Performance shall be measured based on student outcomes, | 2 | | including course completion, results from independent | 3 | | end-of-course exams, Advanced Placement exams, receipt of | 4 | | industry-recognized credentials, receipt of credit from | 5 | | institutions of higher education, or other externally | 6 | | validated measures. If a course provider does not meet its | 7 | | performance benchmarks as agreed to by the provider and the | 8 | | State Board, ICCB, or BHE, as applicable, the State Board shall | 9 | | return all remaining funds to the school district of the | 10 | | eligible funded student that enrolled in the course. Eligible | 11 | | participating students shall receive a similar refund from the | 12 | | State Board for any courses they enrolled in. | 13 | | Section 55. Course Equity Fund. | 14 | | (a) The Course Equity Fund is created as a special fund in | 15 | | the State treasury. All money in the fund shall be used by the | 16 | | State Board to assist school districts in paying for eligible | 17 | | participating students' enrollment in core courses offered | 18 | | through the Course Equity Program at the following levels: | 19 | | (1) For students attending schools in school districts | 20 | | subject to the Alternate Method or Foundation formula, | 21 | | according to the following formula: the cost of the Course | 22 | | Equity Program course multiplied by 100% less the school | 23 | | district's low-income concentration. | 24 | | (2) For students attending schools in school districts | 25 | | subject to the Flat Grant formula, no assistance may be |
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| 1 | | offered. | 2 | | (b) Subject to the State Officials and Employees Ethics | 3 | | Act, the State Board is authorized to receive and expend gifts, | 4 | | grants, and donations of any kind from any public or private | 5 | | entity to carry out the purposes of this Section. Funds | 6 | | received under this subsection (b) must be deposited into the | 7 | | Course Equity Fund. | 8 | | Section 60. Transportation. School district, parental, and | 9 | | personal transportation costs for student transportation to | 10 | | and from Course Equity Program courses shall be redeemable | 11 | | under Section 120.30 of Title 23 of the Illinois Administrative | 12 | | Code. | 13 | | Section 65. Rules. The State Board may adopt any rules | 14 | | necessary to implement this Act. | 15 | | Section 90. The State Finance Act is amended by adding | 16 | | Section 5.875 as follows: | 17 | | (30 ILCS 105/5.875 new) | 18 | | Sec. 5.875. The Course Equity Fund.
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2017.".
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