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91_HB4617 LRB9111835LDmg 1 AN ACT in relation to adult education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 10-22.20 as follows: 6 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20) 7 Sec. 10-22.20. Classes for adults and youths whose 8 schooling has been interrupted; conditions for State 9 reimbursement; use of child care facilities. 10 (a) To establish special classes for the instruction (1) 11 of personsof age21 years of age or over, and (2) of persons 12 less thanage21 years of age and not otherwise in attendance 13 in public school, for the purpose of providing adults in the 14 community, and youths whose schooling has been interrupted, 15 with such additional basic education, vocational skill 16 training, and other instruction as may be necessary to 17 increase their qualifications for employment or other means 18 of self-support and their ability to meet their 19 responsibilities as citizens including courses of instruction 20 regularly accepted for graduation from elementary or high 21 schools and for Americanization and General Educational 22 Development Review classes. 23 The board shall pay the necessary expenses of such 24 classes out of school funds of the district, including costs 25 of student transportation and such facilities or provision 26 for child-care as may be necessary in the judgment of the 27 board to permit maximum utilization of the courses by 28 students with children, and other special needs of the 29 students directly related to such instruction. The expenses 30 thus incurred shall be subject to State reimbursement, as 31 provided in this Section. The board may make a tuition -2- LRB9111835LDmg 1 charge for persons taking instruction who are not subject to 2 State reimbursement, such tuition charge not to exceed the 3 per capita cost of such classes. 4 The cost of such instruction, including the additional 5 expenses herein authorized, incurred for recipients of 6 financial aid under the Illinois Public Aid Code, or for 7 persons for whom education and training aid has been 8 authorized under Section 9-8 of that Code, shall be assumed 9 in its entirety from funds appropriated by the State to the 10 State Board of Education. 11 (b) The State Board of Education and the Illinois 12 Community College Board shall annually enter into an 13 interagency agreement to implement this Section. The 14 interagency agreement shall establish the standards for the 15 courses of instruction reimbursed under this Section. The 16 State Board of Education shall supervise the administration 17 of the programs. The State Board of Education shall 18 determine the cost of instruction in accordance with 19 standards jointly established by the State Board of Education 20 and the Illinois Community College Board as set forth in the 21 interagency agreement, including therein other incidental 22 costs as herein authorized, which shall serve as the basis of 23 State reimbursement in accordance with the provisions of 24 this Section. In the approval of programs and the 25 determination of the cost of instruction, the State Board of 26 Education shall provide for the maximum utilization of 27 federal funds for such programs. The interagency agreement 28 shall also include: 29 (1) the development of an index of need for program 30 planning and for area funding allocations as defined by 31 the State Board of Education; 32 (2) the method for calculating hours of 33 instruction, as defined by the State Board of Education, 34 claimable for reimbursement and a method to phase in the -3- LRB9111835LDmg 1 calculation and for adjusting the calculations in cases 2 where the services of a program are interrupted due to 3 circumstances beyond the control of the program provider; 4 (3) a plan for the reallocation of funds to 5 increase the amount allocated for grants based upon 6 program performance as set forth in subsection (d) below; 7 and 8 (4) the development of standards for determining 9 grants based upon performance as set forth in subsection 10 (d) below and a plan for the phased-in implementation of 11 those standards. 12 For instruction provided by school districts and 13 community college districts beginning July 1, 1996 and 14 thereafter, reimbursement provided by the State Board of 15 Education for classes authorized by this Section shall be 16 provided pursuant to the terms of the interagency agreement 17 from funds appropriated for the reimbursement criteria set 18 forth in subsection (c) below. 19 (c) Upon the annual approval of the interagency 20 agreement, reimbursement shall be first provided for 21 transportation, child care services, and other special needs 22 of the students directly related to instruction and then from 23 the funds remaining an amount equal to the product of the 24 total credit hours or units of instruction approved by the 25 State Board of Education, multiplied by the following: 26 (1) For adult basic education, the maximum 27 reimbursement per credit hour or per unit of instruction 28 shall be equal to the general state aid per pupil 29 foundation level established in subsection (B) of Section 30 18-8.05, divided by 60; 31 (2) The maximum reimbursement per credit hour or 32 per unit of instruction in subparagraph (1) above shall 33 be weighted for students enrolled in classes defined as 34 vocational skills and approved by the State Board of -4- LRB9111835LDmg 1 Education by 1.25; 2 (3) The maximum reimbursement per credit hour or 3 per unit of instruction in subparagraph (1) above shall 4 be multiplied by .90 for students enrolled in classes 5 defined as adult secondary education programs and 6 approved by the State Board of Education; 7 (4) For community college districts the maximum 8 reimbursement per credit hour in subparagraphs (1), (2), 9 and (3) above shall be reduced by the Adult Basic 10 Education/Adult Secondary Education/English As A Second 11 Language credit hour grant rate prescribed in Section 12 2-16.02 of the Public Community College Act, as pro-rated 13 to the appropriation level; and 14 (5) Programs receiving funds under the formula that 15 was in effect during the 1994-1995 program year which 16 continue to be approved and which generate at least 80% 17 of the hours claimable in 1994-95, or in the case of 18 programs not approved in 1994-95 at least 80% of the 19 hours claimable in 1995-96, shall have funding for 20 subsequent years based upon 100% of the 1995-96 formula 21 funding level for 1996-97, 90% of the 1995-96 formula 22 funding level for 1997-98, 80% of the 1995-96 formula 23 funding level for 1998-99, and 70% of the 1995-96 formula 24 funding level for 1999-2000. For any approved program 25 which generates less than 80% of the claimable hours in 26 its base year, the level of funding pursuant to this 27 paragraph shall be reduced proportionately. Funding for 28 program years after 1999-2000 shall be pursuant to the 29 interagency agreement. 30 (d) Upon the annual approval of the interagency 31 agreement, the State Board of Education shall provide grants 32 to eligible programs for supplemental activities to improve 33 or expand services under the Adult Education Act. Eligible 34 programs shall be determined based upon performance outcomes -5- LRB9111835LDmg 1 of students in the programs as set forth in the interagency 2 agreement. 3 (e) Reimbursement under this Section shall not exceed 4 the actual costs of the approved program. 5 If the amount appropriated to the State Board of 6 Education for reimbursement under this Section is less than 7 the amount required under this Act, the apportionment shall 8 be proportionately reduced. 9 School districts and community college districts may 10 assess students up to $3.00 per credit hour, for classes 11 other than Adult Basic Education level programs, if needed to 12 meet program costs. 13 (f) An education plan shall be established for each 14 adult or youth whose schooling has been interrupted and who 15 is participating in the instructional programs provided under 16 this Section. 17 Each school board and community college shall keep an 18 accurate and detailed account of the students assigned to and 19 receiving instruction under this Section who are subject to 20 State reimbursement and shall submit reports of services 21 provided commencing with fiscal year 1997 as required in the 22 interagency agreement. 23 For classes authorized under this Section, a credit hour 24 or unit of instruction is equal to 15 hours of direct 25 instruction for students enrolled in approved adult education 26 programs at midterm and making satisfactory progress, in 27 accordance with standards jointly established by the State 28 Board of Education and the Illinois Community College Board 29 as set forth in the interagency agreement. 30 (g) Upon proof submitted to the Illinois Department of 31 Human Services of the payment of all claims submitted under 32 this Section, that Department shall apply for federal funds 33 made available therefor and any federal funds so received 34 shall be paid into the General Revenue Fund in the State -6- LRB9111835LDmg 1 Treasury. 2 School districts or community colleges providing classes 3 under this Section shall submit applications to the State 4 Board of Education for preapproval in accordance with the 5 standards jointly established by the State Board of Education 6 and the Illinois Community College Board as set forth in the 7 interagency agreement. Payments shall be made by the State 8 Board of Education based upon approved programs. Interim 9 expenditure reports may be required by the State Board of 10 Education as set forth in the interagency agreement. Final 11 claims for the school year shall be submitted to the regional 12 superintendents for transmittal to the State Board of 13 Education as set forth in the interagency agreement. Final 14 adjusted payments shall be made by September 30. 15 If a school district or community college district fails 16 to provide, or is providing unsatisfactory or insufficient 17 classes under this Section, the State Board of Education may 18 enter into agreements with public or private educational or 19 other agencies other than the public schools for the 20 establishment of such classes. 21 (h) If a school district or community college district 22 establishes child-care facilities for the children of 23 participants in classes established under this Section, it 24 may extend the use of these facilities to students who have 25 obtained employment and to other persons in the community 26 whose children require care and supervision while the parent 27 or other person in charge of the children is employed or 28 otherwise absent from the home during all or part of the day. 29 It may make the facilities available before and after as well 30 as during regular school hours to school age and preschool 31 age children who may benefit thereby, including children who 32 require care and supervision pending the return of their 33 parent or other person in charge of their care from 34 employment or other activity requiring absence from the home. -7- LRB9111835LDmg 1 The State Board of Education shall pay to the board the 2 cost of care in the facilities for any child who is a 3 recipient of financial aid under the Illinois Public Aid 4 Code. 5 The board may charge for care of children for whom it 6 cannot make claim under the provisions of this Section. The 7 charge shall not exceed per capita cost, and to the extent 8 feasible, shall be fixed at a level which will permit 9 utilization by employed parents of low or moderate income. 10 It may also permit any other State or local governmental 11 agency or private agency providing care for children to 12 purchase care. 13 After July 1, 1970 when the provisions of Section 14 10-20.20 become operative in the district, children in a 15 child-care facility shall be transferred to the kindergarten 16 established under that Section for such portion of the day as 17 may be required for the kindergarten program, and only the 18 prorated costs of care and training provided in the Center 19 for the remaining period shall be charged to the Illinois 20 Department of Human Services or other persons or agencies 21 paying for such care. 22 (i) The provisions of this Section shall also apply to 23 school districts having a population exceeding 500,000. 24 (j) In addition to claiming reimbursement under this 25 Section, a school district may claim general State aid under 26 Section 18-8.05 for any student under age 21 who is enrolled 27 in courses accepted for graduation from elementary or high 28 school and who otherwise meets the requirements of Section 29 18-8.05. 30 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96; 31 90-14, eff. 7-1-97; 90-548, eff. 1-1-98; 90-802, eff. 32 12-15-98.) 33 Section 10. The Adult Education Act is amended by -8- LRB9111835LDmg 1 changing Section 3-1 as follows: 2 (105 ILCS 405/3-1) (from Ch. 122, par. 203-1) 3 Sec. 3-1. Apportionment for Adult Education Courses. A 4Anyschool district or public community college district 5 maintaining adult education classes for the instruction of 6 persons over 21 years of age and youths under 21 years of age 7 whose schooling has been interrupted shall be entitled to 8 claim an apportionment in accordance with the provisions of 9 Section 10-22.20 of The School Code and Section 2-4 of this 10 Act. 11 Reimbursement as herein provided shall be limited to 12 courses regularly accepted for graduation from elementary or 13 high schools and for Americanization and General Educational 14 Development Review classes which are approved by the State 15 Board of Education. 16 If the amount appropriated for this purpose is less than 17 the amount required under the provisions of this Section, the 18 apportionment for local districts shall be proportionately 19 reduced. 20 (Source: P.A. 83-460.)