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92_HB1096enr HB1096 Enrolled LRB9201896NTtmB 1 AN ACT concerning alternative learning opportunities. 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 Sections 2-3.33a, 3-15.12, and 26-2 and by adding Article 13B 6 as follows: 7 (105 ILCS 5/2-3.33a) 8 Sec. 2-3.33a. Audit adjustments prohibited; alternative 9 education program. The State Board of Education shall not 10 make audit adjustments to general State aid claims paid in 11 fiscal years 1999, 2000, 2001,and2002, and 2003 based upon 12 the claimant's failure to provide a minimum of 5 clock hours 13 of daily instruction to students in an alternative education 14 program or based upon the claimant's provision of service to 15 non-resident students in an alternative education program 16 without charging tuition, provided that the non-resident 17 students were enrolled in the alternative education program 18 on or before April 1, 2000. 19 (Source: P.A. 91-844, eff. 6-22-00.) 20 (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12) 21 Sec. 3-15.12. High school equivalency testing program. 22 The regional superintendent of schools shall make available 23 for qualified individuals residing within the region a High 24 School Equivalency Testing Program. For that purpose the 25 regional superintendent alone or with other regional 26 superintendents may establish and supervise a testing center 27 or centers to administer the secure forms of the high school 28 level Test of General Educational Development to qualified 29 persons. Such centers shall be under the supervision of the 30 regional superintendent in whose region such centers are HB1096 Enrolled -2- LRB9201896NTtmB 1 located, subject to the approval of the State Superintendent 2 of Education. 3 An individual is eligible to apply to the regional 4 superintendent of schools for the region in which he resides 5 if he is: (a) a person who is 18 years of age or older, has 6 maintained residence in the State of Illinois and is not a 7 high school graduate, but whose high school class has 8 graduated; (b) a member of the armed forces of the United 9 States on active duty who is 17 years of age or older and who 10 is stationed in Illinois or is a legal resident of Illinois; 11 (c) a ward of the Department of Corrections who is 17 years 12 of age or older or an inmate confined in any branch of the 13 Illinois State Penitentiary or in a county correctional 14 facility who is 17 years of age or older; (d) a female who is 15 17 years of age or older who is unable to attend school 16 because she is either pregnant or the mother of one or more 17 children; (e) a male 17 years of age or older who is unable 18 to attend school because he is a father of one or more 19 children; (f) a person who is successfully completing an 20 alternative education program under Section 2-3.81,or21 Article 13A, or Article 13B; (g) a person who is enrolled in 22 a youth education program sponsored by the Illinois National 23 Guard; or (h) a person who is 17 years of age or older who 24 has been a dropout for a period of at least one year. For 25 purposes of this Section, residence is that abode which the 26 applicant considers his home. Applicants may provide as 27 sufficient proof of such residence a picture identification 28 card and two pieces of correctly addressed and postmarked 29 mail. Such regional superintendent shall determine if the 30 applicant meets statutory and regulatory state standards. If 31 qualified the applicant shall at the time of such application 32 pay a fee established by the State Board of Education, which 33 fee shall be paid into a special fund under the control and 34 supervision of the regional superintendent. Such moneys HB1096 Enrolled -3- LRB9201896NTtmB 1 received by the regional superintendent shall be used, first, 2 for the expenses incurred in administering and scoring the 3 examination, and next for other educational programs that are 4 developed and designed by the regional superintendent of 5 schools to assist those who successfully complete the high 6 school level test of General Education Development in 7 furthering their academic development or their ability to 8 secure and retain gainful employment, including programs for 9 the competitive award based on test scores of college or 10 adult education scholarship grants or similar educational 11 incentives. Any excess moneys shall be paid into the 12 institute fund. 13 Any applicant who has achieved the minimum passing 14 standards as established by the State Board of Education 15 shall be notified in writing by the regional superintendent 16 and shall be issued a high school equivalency certificate on 17 the forms provided by the State Superintendent of Education. 18 The regional superintendent shall then certify to the Office 19 of the State Superintendent of Education the score of the 20 applicant and such other and additional information that may 21 be required by the State Superintendent of Education. The 22 moneys received therefrom shall be used in the same manner as 23 provided for in this Section. 24 Any applicant who has attained the age of 18 years and 25 maintained residence in the State of Illinois and is not a 26 high school graduate but whose high school class has 27 graduated or any ward of the Department of Corrections who 28 has attained the age of 17 years, any inmate confined in any 29 branch of the Illinois State Penitentiary or in a county 30 correctional facility who has attained the age of 17 years, 31 or any member of the armed forces of the United States on 32 active duty who has attained the age of 17 years and who is 33 stationed in Illinois or is a legal resident of Illinois, or 34 any female who has attained the age of 17 years and is either HB1096 Enrolled -4- LRB9201896NTtmB 1 pregnant or the mother of one or more children, or any male 2 who has attained the age of 17 years and is the father of one 3 or more children, or any person who has successfully 4 completed an alternative education program under Section 5 2-3.81,orArticle 13A, or Article 13B and meets the 6 requirements prescribed by the State Board of Education, is 7 eligible to apply for a high school equivalency certificate 8 upon showing evidence that he has completed, successfully, 9 the high school level General Educational Development Tests, 10 administered by the United States Armed Forces Institute, 11 official GED Centers established in other states, or at 12 Veterans' Administration Hospitals or the office of the State 13 Superintendent of Education administered for the Illinois 14 State Penitentiary System and the Department of Corrections. 15 Such applicant shall apply to the regional superintendent of 16 the region wherein he has maintained residence, and upon 17 payment of a fee established by the State Board of Education 18 the regional superintendent shall issue a high school 19 equivalency certificate, and immediately thereafter certify 20 to the State Superintendent of Education the score of the 21 applicant and such other and additional information as may be 22 required by the State Superintendent of Education. 23 Notwithstanding the provisions of this Section, any 24 applicant who has been out of school for at least one year 25 may request the regional superintendent of schools to 26 administer the restricted GED test upon written request of: 27 The director of a program who certifies to the Chief Examiner 28 of an official GED center that the applicant has completed a 29 program of instruction provided by such agencies as the Job 30 Corps, the Postal Service Academy or apprenticeship training 31 program; an employer or program director for purposes of 32 entry into apprenticeship programs; another State Department 33 of Education in order to meet regulations established by that 34 Department of Education, a post high school educational HB1096 Enrolled -5- LRB9201896NTtmB 1 institution for purposes of admission, the Department of 2 Professional Regulation for licensing purposes, or the Armed 3 Forces for induction purposes. The regional superintendent 4 shall administer such test and the applicant shall be 5 notified in writing that he is eligible to receive the 6 Illinois High School Equivalency Certificate upon reaching 7 age 18, provided he meets the standards established by the 8 State Board of Education. 9 Any test administered under this Section to an applicant 10 who does not speak and understand English may at the 11 discretion of the administering agency be given and answered 12 in any language in which the test is printed. The regional 13 superintendent of schools may waive any fees required by this 14 Section in case of hardship. 15 In counties of over 3,000,000 population a GED 16 certificate issued on or after July 1, 1994 shall contain the 17 signatures of the State Superintendent of Education, the 18 superintendent, president or other chief executive officer of 19 the institution where GED instruction occurred and any other 20 signatures authorized by the State Superintendent of 21 Education. 22 (Source: P.A. 89-273, eff. 1-1-96; 89-358, eff. 1-1-96; 23 89-626, eff. 8-9-96; 89-629, eff. 8-9-96; 90-643, eff. 24 7-24-98.) 25 (105 ILCS 5/Art. 13B heading new) 26 ARTICLE 13B. ALTERNATIVE LEARNING OPPORTUNITIES 27 (105 ILCS 5/13B-1 new) 28 Sec. 13B-1. Short title. This Article may be cited as 29 the Alternative Learning Opportunities Law. 30 (105 ILCS 5/13B-5 new) 31 Sec. 13B-5. Legislative findings and declarations. The HB1096 Enrolled -6- LRB9201896NTtmB 1 General Assembly finds and declares the following: 2 (1) It is the responsibility of each school 3 district to provide educational support for every student 4 to meet Illinois Learning Standards. 5 (2) School districts need flexibility and financial 6 support to assist local schools in their efforts to 7 provide students with educational and other services 8 needed for students to successfully master the 9 curriculum. 10 (3) Alternative education in this State has 11 traditionally provided student-centered curriculum, 12 social services, and other support needed to help 13 students succeed. 14 (4) Standards-based reform requires a comprehensive 15 approach to alternative education to ensure that every 16 student has the opportunity to meet the State's rigorous 17 learning standards. 18 (5) While school districts operating alternative 19 learning opportunities programs must comply with all 20 applicable State and federal laws and rules, these 21 districts should do so in a manner consistent with the 22 goals and policies stated in this Article. 23 (105 ILCS 5/13B-10 new) 24 Sec. 13B-10. Purpose. The purpose of this Article is to 25 specify the requirements for the operation of alternative 26 learning opportunities programs, which are intended to 27 provide students at risk of academic failure with the 28 education and support services needed to meet Illinois 29 Learning Standards and to complete their education in an 30 orderly, safe, and secure learning environment. Services 31 provided under this Article should be provided in a manner 32 that addresses individual learning styles, career 33 development, and social needs to enable students to HB1096 Enrolled -7- LRB9201896NTtmB 1 successfully complete their education. 2 (105 ILCS 5/13B-15 new) 3 Sec. 13B-15. Definitions. In this Article, words and 4 phrases have the meanings set forth in the following Sections 5 preceding Section 13B-20 of this Code. 6 (105 ILCS 5/13B-15.5 new) 7 Sec. 13B-15.5. State Board. "State Board" means the 8 State Board of Education. 9 (105 ILCS 5/13B-15.10 new) 10 Sec. 13B-15.10. Student at risk of academic failure. 11 "Student at risk of academic failure" means a student at risk 12 of not meeting the Illinois Learning Standards or not 13 graduating from elementary or high school and who 14 demonstrates a need for educational support or social 15 services beyond that provided by the regular school program. 16 Such students are eligible for services up to the age of 21. 17 (105 ILCS 5/13B-15.15 new) 18 Sec. 13B-15.15. Student Success Plan. "Student Success 19 Plan" means a plan based on an assessment of a student's 20 educational and social functioning and skills and that 21 establishes goals and objectives for satisfactory performance 22 in an alternative learning opportunities program. The Plan 23 must (i) specify the curriculum and instructional methods to 24 be used in improving the student's educational performance, 25 (ii) outline the support services needed to remove barriers 26 to learning, (iii) specify, when appropriate, the career 27 development experiences the student will receive to enhance 28 his or her career awareness, (iv) set objectives to ensure a 29 successful transition back to the regular school program or 30 to post-secondary educational options, and (v) outline the HB1096 Enrolled -8- LRB9201896NTtmB 1 student's responsibilities under the Plan. 2 (105 ILCS 5/13B-15.20 new) 3 Sec. 13B-15.20. Support services. "Support services" 4 include alcohol and drug rehabilitation; individual, group, 5 and family counseling; mentoring; tutoring; school physicals; 6 health and nutrition education; classroom aides; career 7 counseling; child care; and any other social, health, or 8 supplemental service approved as part of the Student Success 9 Plan that is required by students for their academic success. 10 (105 ILCS 5/13B-20 new) 11 Sec. 13B-20. Alternative learning opportunities program. 12 An alternative learning opportunities program shall provide a 13 flexible standards-based learning environment, innovative and 14 varied instructional strategies, a student-centered 15 curriculum, social programs, and supplemental social, health, 16 and support services to improve the educational achievement 17 of students at risk of academic failure. 18 (105 ILCS 5/13B-20.5 new) 19 Sec. 13B-20.5. Eligible activities and services. 20 Alternative learning opportunities programs may include 21 without limitation evening high school, in-school tutoring 22 and mentoring programs, in-school suspension programs, high 23 school completion programs to assist high school dropouts in 24 completing their education, support services, parental 25 involvement programs, and programs to develop, enhance, or 26 extend the transition for students transferring back to the 27 regular school program, an adult education program, or a 28 post-secondary education program. 29 (105 ILCS 5/13B-20.10 new) 30 Sec. 13B-20.10. Who may establish and operate programs. HB1096 Enrolled -9- LRB9201896NTtmB 1 School districts may establish alternative learning 2 opportunities programs or may contract with regional offices 3 of education, intermediate service centers, public community 4 colleges, non-profit or for-profit education providers, youth 5 service agencies, community-based organizations, or other 6 appropriate entities to establish alternative learning 7 opportunities programs within the public school system and 8 provide a range of alternative learning opportunities for 9 those students in the State who do not meet Illinois Learning 10 Standards. Districts may individually operate alternative 11 learning opportunities programs or may collaborate with 2 or 12 more districts or one or more regional offices of education 13 or both or with intermediate service centers to create and 14 operate alternative learning opportunities programs. 15 (105 ILCS 5/13B-20.15 new) 16 Sec. 13B-20.15. Other eligible providers of alternative 17 learning opportunities. School districts may contract with 18 health, mental health, or human service organizations, 19 workforce development boards or agencies, juvenile court 20 services, juvenile justice agencies, juvenile detention 21 programs, programs operated by the Department of Corrections, 22 or other appropriate agencies or organizations to serve 23 students whose needs are not being met in the regular school 24 program by providing alternative learning opportunities. 25 (105 ILCS 5/13B-20.20 new) 26 Sec. 13B-20.20. Enrollment in other programs. General 27 Educational Development preparation programs are not eligible 28 for funding under this Article. A student may enroll in a 29 program approved under Section 18-8.05 of this Code, as 30 appropriate, or attend both the alternative learning 31 opportunities program and the regular school program to 32 enhance student performance and facilitate on-time HB1096 Enrolled -10- LRB9201896NTtmB 1 graduation. 2 (105 ILCS 5/13B-20.25 new) 3 Sec. 13B-20.25. Eligible students. Students in grades 4 4 through 12 who meet enrollment criteria established by the 5 school district and who meet the definition of "student at 6 risk of academic failure" are eligible to participate in an 7 alternative learning opportunities program funded under this 8 Article. All rights granted under this Article to a student's 9 parent or guardian become exclusively those of the student 10 upon the student's 18th birthday. 11 (105 ILCS 5/13B-20.30 new) 12 Sec. 13B-20.30. Location of program. A school district 13 must consider offering an alternative learning opportunities 14 program on-site in the regular school. An alternative 15 learning opportunities program may be provided at facilities 16 separate from the regular school or in classrooms elsewhere 17 on school premises. 18 (105 ILCS 5/13B-20.35 new) 19 Sec. 13B-20.35. Transportation of students. School 20 districts that are required to provide transportation 21 pursuant to Section 29-3 of this Code shall provide 22 transportation for students enrolled in alternative learning 23 opportunities programs. Other school districts shall provide 24 transportation to the same extent that they provide 25 transportation to other students. A school district may 26 collaborate with the regional superintendent of schools to 27 establish a cooperative transportation agreement among school 28 districts in the region to reduce the costs of transportation 29 and to provide for greater accessibility for students 30 attending alternative learning opportunities programs. HB1096 Enrolled -11- LRB9201896NTtmB 1 (105 ILCS 5/13B-25 new) 2 Sec. 13B-25. Eligibility for funding. The criteria set 3 forth in the following Sections preceding Section 13B-30 of 4 this Code shall determine the eligibility of an alternative 5 learning opportunities program for funding. 6 (105 ILCS 5/13B-25.5 new) 7 Sec. 13B-25.5. General standards for eligibility for 8 funding. To be eligible for funding, an alternative learning 9 opportunities program must provide evidence of an 10 administrative structure, program activities, program staff, 11 a budget, and a specific curriculum that is consistent with 12 Illinois Learning Standards but may be different from the 13 regular school program in terms of location, length of school 14 day, program sequence, pace, instructional activities, or any 15 combination of these. 16 (105 ILCS 5/13B-25.10 new) 17 Sec. 13B-25.10. District policies, guidelines, and 18 procedures; notification. Before receiving State funds for 19 an alternative learning opportunities program, a school 20 district must adopt policies and guidelines for the admission 21 and transfer of students to the program and for transitioning 22 students as appropriate back to the regular school program in 23 a manner consistent with guidelines provided by the State 24 Board. A school district must adopt policies and procedures 25 for the establishment of a new alternative learning 26 opportunities program or for securing State approval for an 27 existing program. Any district that plans to establish an 28 alternative learning opportunities program must notify the 29 State Superintendent of Education before enrolling students 30 in the program. 31 (105 ILCS 5/13B-25.15 new) HB1096 Enrolled -12- LRB9201896NTtmB 1 Sec. 13B-25.15. Planning process and district plan. To 2 apply for funding to establish or maintain an alternative 3 learning opportunities program, a school district must 4 initiate a planning process to specify the type of program 5 needed by the district. Before submission of the district 6 plan, the school district or consortium may apply for a 7 one-year planning grant. The planning process may involve 8 key education and community stakeholders, such as teachers, 9 administrators, parents, interested members of the community, 10 and other agencies or organizations as appropriate. 11 (105 ILCS 5/13B-25.20 new) 12 Sec. 13B-25.20. Requirements for the district plan. The 13 district plan must be consistent with the school district's 14 overall mission and goals and aligned with the local school 15 improvement plans of each participating school. The district 16 plan must include all of the following: 17 (1) A description of the program, including the 18 students at risk of academic failure to be served, 19 evidence of need, program goals, objectives, and 20 measurable outcomes. 21 (2) A staffing plan, including the experiences, 22 competency, and qualifications of certified and 23 non-certificated staff and emphasizing their individual 24 and collective abilities to work with students at risk of 25 academic failure. 26 (3) A description and schedule of support services 27 that will be available to students as part of their 28 instructional program, including procedures for accessing 29 services required for students on an as-needed basis. 30 (4) How the district will use grant funds to 31 improve the educational achievement of students at risk 32 of academic failure. 33 (5) A detailed program budget that includes sources HB1096 Enrolled -13- LRB9201896NTtmB 1 of funding to be used in conjunction with alternative 2 learning opportunities grant funds and a plan for 3 allocating costs to those funds. 4 (6) A plan that outlines how funding for 5 alternative learning opportunities will be coordinated 6 with other State and federal funds to ensure the 7 efficient and effective delivery of the program. 8 (7) A description of other sources of revenue the 9 district will allocate to the program. 10 (8) An estimate of the total cost per student for 11 the program and an estimate of any gap between existing 12 revenue available for the program and the total cost of 13 the program. 14 (9) A description of how parents and community 15 members will be involved in the program. 16 (10) Policies and procedures used by the district 17 to grant credit for student work satisfactorily completed 18 in the program. 19 (11) How the district will assess students enrolled 20 in the program, including how statewide testing for 21 students in alternative learning opportunities settings 22 will be addressed. 23 (12) How students will be admitted to the program 24 and how students will make an effective transition back 25 to the regular school program, as appropriate. 26 (13) All cooperative and intergovernmental 27 agreements and subcontracts with eligible entities. 28 (105 ILCS 5/13B-25.25 new) 29 Sec. 13B-25.25. Testing and assessment. A district plan 30 for an alternative learning opportunities program operated 31 through a cooperative or intergovernmental agreement must 32 provide procedures for ensuring that students are included in 33 the administration of statewide testing programs. Students HB1096 Enrolled -14- LRB9201896NTtmB 1 enrolled in an alternative learning opportunities program 2 shall participate in State assessments under Section 2-3.64 3 of this Code. 4 (105 ILCS 5/13B-25.30 new) 5 Sec. 13B-25.30. Annual update and submission of district 6 plan. A district plan must be updated annually and submitted 7 to the State Board. 8 (105 ILCS 5/13B-25.35 new) 9 Sec. 13B-25.35. Regional plan. Based on district plans 10 to provide alternative learning opportunities, the regional 11 office of education must submit an annual plan summarizing 12 the number, needs, and demographics of students at risk of 13 academic failure expected to be served in its region. This 14 plan must be updated annually and submitted to the State 15 Board. 16 (105 ILCS 5/13B-30 new) 17 Sec. 13B-30. Responsibilities of the State Board; rules. 18 The State Board has the responsibilities set forth in the 19 following Sections preceding Section 13B-35 of this Code. The 20 State Board may adopt rules as necessary to implement this 21 Article. 22 (105 ILCS 5/13B-30.5 new) 23 Sec. 13B-30.5. Program assistance, evaluation, and 24 monitoring. Subject to the availability of State funds, the 25 State Board is authorized to assist school districts in 26 developing and implementing alternative learning 27 opportunities programs to meet the educational needs of 28 students at risk of academic failure. The State Board shall 29 develop research-based guidelines for alternative learning 30 opportunities programs, provide technical assistance to HB1096 Enrolled -15- LRB9201896NTtmB 1 ensure the establishment of quality programs aligned with 2 Illinois Learning Standards, and contract for services to 3 conduct an annual statewide evaluation. The State Board 4 shall conduct compliance visits of and monitor programs, as 5 appropriate. The State Board may conduct other 6 program-related research and planning projects, as 7 appropriate, to enhance student outcomes. 8 (105 ILCS 5/13B-30.10 new) 9 Sec. 13B-30.10. Compliance. The State Board is 10 responsible for ensuring that all alternative learning 11 opportunities programs are in compliance with all applicable 12 federal and State laws, unless otherwise specified in this 13 Article. 14 (105 ILCS 5/13B-30.15 new) 15 Sec. 13B-30.15. Statewide program evaluation of student 16 outcomes. Alternative learning opportunities programs must 17 be evaluated annually on a statewide basis. Indicators used 18 to measure student outcomes for this evaluation may include 19 program completion, elementary school graduation, high school 20 graduation or passage of the General Educational Development 21 test, attendance, the number of students involved in 22 work-based learning activities, the number of students making 23 an effective transition to the regular school program, 24 further education or work, and improvement in the percentage 25 of students enrolled in the sending school district or 26 districts that meet State standards. 27 (105 ILCS 5/13B-30.20 new) 28 Sec. 13B-30.20. Suspension or revocation of program 29 approval. The State Board may suspend or revoke approval of 30 an alternative learning opportunities program under any one 31 of the following conditions: HB1096 Enrolled -16- LRB9201896NTtmB 1 (1) A failure to meet educational outcomes as 2 enumerated in Section 13B-30.15 of this Code and as 3 specified in the alternative learning opportunities grant 4 agreement for a period of 2 or more consecutive years. 5 (2) A failure to comply with all applicable laws as 6 specified in this Code. 7 (3) A failure to comply with the terms and 8 conditions of the alternative learning opportunities 9 grant. 10 (4) A failure to maintain financial records 11 according to generally accepted accounting procedures as 12 specified by the State Board. 13 (105 ILCS 5/13B-30.25 new) 14 Sec. 13B-30.25. Corrective action plan. For school 15 districts whose alternative learning opportunities programs 16 are not making progress in specified program outcomes, the 17 State Board may require a school district to submit a 18 corrective action plan. 19 (105 ILCS 5/13B-30.30 new) 20 Sec. 13B-30.30. Technical assistance before suspension 21 or revocation of funding. Funding of an alternative learning 22 opportunities program may not be suspended or revoked unless 23 the program has been provided with technical assistance and 24 has had an opportunity to implement a corrective action plan. 25 (105 ILCS 5/13B-30.35 new) 26 Sec. 13B-30.35. Recovery of grant funds. The State may 27 recover grant funds from school districts that consistently 28 fail to improve student performance or have failed to 29 implement corrective actions to improve their alternative 30 learning opportunities programs. HB1096 Enrolled -17- LRB9201896NTtmB 1 (105 ILCS 5/13B-30.40 new) 2 Sec. 13B-30.40. Application for funding after suspension 3 or revocation of program approval. Once approval to operate 4 an alternative learning opportunities program is suspended or 5 revoked, the school district or consortium must reapply for 6 funding. 7 (105 ILCS 5/13B-30.45 new) 8 Sec. 13B-30.45. Administrative support. The State Board 9 shall use 1.5% of the State appropriation for the purposes of 10 this Article to conduct activities related to the provision 11 of technical assistance, professional development, 12 evaluations, and compliance monitoring. 13 (105 ILCS 5/13B-35 new) 14 Sec. 13B-35. Application to cooperative agreements. The 15 provisions set forth in the following Sections preceding 16 Section 13B-40 of this Code apply to cooperative agreements 17 among alternative learning opportunities program providers. 18 (105 ILCS 5/13B-35.5 new) 19 Sec. 13B-35.5. Local governance; cooperative agreements. 20 For an alternative learning opportunities program operated 21 jointly or offered under contract, the local governance of 22 the program shall be established by each local school board 23 through a cooperative or intergovernmental agreement with 24 other school districts. Cooperative agreements may be 25 established among regional offices of education, public 26 community colleges, community-based organizations, health and 27 human service agencies, youth service agencies, juvenile 28 court services, the Department of Corrections, and other 29 non-profit or for-profit education or support service 30 providers as appropriate. Nothing contained in this Section 31 shall prevent a school district, regional office of HB1096 Enrolled -18- LRB9201896NTtmB 1 education, or intermediate service center from forming a 2 cooperative for the purpose of delivering an alternative 3 learning opportunities program. 4 (105 ILCS 5/13B-35.10 new) 5 Sec. 13B-35.10. Committee of Cooperative Services. The 6 State Superintendent of Education shall convene a State-level 7 Committee of Cooperative Services. The Committee shall 8 include representatives of the following agencies and 9 organizations, selected by their respective heads: the Office 10 of the Governor, the State Board of Education, the Illinois 11 Association of Regional Superintendents of Schools, the 12 Chicago Public Schools, the Intermediate Service Centers, the 13 State Teacher Certification Board, the Illinois Community 14 College Board, the Department of Human Services, the 15 Department of Children and Family Services, the Illinois 16 Principals Association, the Illinois Education Association, 17 the Illinois Federation of Teachers, the Illinois Juvenile 18 Justice Commission, the Office of the Attorney General, the 19 Illinois Association of School Administrators, the 20 Administrative Office of the Illinois Courts, the Department 21 of Corrections, special education advocacy organizations, and 22 non-profit and community-based organizations, as well as 23 parent representatives and child advocates designated by the 24 State Superintendent of Education. 25 (105 ILCS 5/13B-35.15 new) 26 Sec. 13B-35.15. Role of Committee of Cooperative 27 Services. The Committee of Cooperative Services shall advise 28 the State Superintendent of Education on the statewide 29 development, implementation, and coordination of alternative 30 learning opportunities programs. The Committee shall make 31 recommendations to the heads of the various State entities 32 represented on the Committee to improve the educational HB1096 Enrolled -19- LRB9201896NTtmB 1 outcomes of students at risk of academic failure through the 2 coordinated provision of education, health, mental health, 3 and human services. 4 (105 ILCS 5/13B-35.20 new) 5 Sec. 13B-35.20. Operation of Committee of Cooperative 6 Services. The Committee of Cooperative Services shall 7 establish its by-laws and procedures, subject to approval of 8 the State Superintendent of Education. 9 (105 ILCS 5/13B-40 new) 10 Sec. 13B-40. Funding. The provisions set forth in the 11 following Sections preceding Section 13B-45 of this Code 12 apply to the funding of alternative learning opportunities 13 programs under this Article. 14 (105 ILCS 5/13B-40.5 new) 15 Sec. 13B-40.5. Budget. The General Assembly shall 16 appropriate new, additional funds to establish alternative 17 learning opportunities programs throughout the State. 18 (105 ILCS 5/13B-40.10 new) 19 Sec. 13B-40.10. Availability of grants. Based on 20 available funding, the State Board shall establish the 21 maximum amount of funding available for planning grants. The 22 remaining funding shall be distributed for supplemental and 23 implementation grants based on available funds, according to 24 the State's calculated share of costs in excess of the per 25 capita cost per student. 26 (105 ILCS 5/13B-40.15 new) 27 Sec. 13B-40.15. Limitation to existing programs. In the 28 first year of funding under this Article, supplemental and 29 implementation grants shall be limited to existing HB1096 Enrolled -20- LRB9201896NTtmB 1 educational programs that meet the guidelines set forth under 2 this Article. 3 (105 ILCS 5/13B-40.20 new) 4 Sec. 13B-40.20. Planning grants. A planning grant shall 5 be used to support the costs associated with developing a 6 district plan for the establishment of a new alternative 7 learning opportunities program or to seek approval for an 8 existing program. A planning grant is limited to one year. 9 (105 ILCS 5/13B-40.25 new) 10 Sec. 13B-40.25. Supplemental grants. A supplemental 11 grant shall be used to significantly extend the services of 12 an existing alternative learning opportunities program to 13 additional students or to develop a new component to enhance 14 an existing program. The State Board shall establish the 15 maximum amount of funding available for supplemental grants. 16 (105 ILCS 5/13B-40.30 new) 17 Sec. 13B-40.30. Implementation grants. An 18 implementation grant shall be used to support the excess cost 19 of instruction and support services provided by an 20 alternative learning opportunities program. Implementation 21 grants shall be distributed based on available funding 22 grouped according to the per capita costs by school district. 23 The State Board shall establish the maximum amount of funding 24 for implementation grants. In years subsequent to the first 25 year of funding under this Article, implementation grants 26 shall be continued based on completion of program plans, 27 compliance with applicable State laws, and program 28 performance as measured by the percentage of students 29 achieving one or more specified positive outcomes and overall 30 progress in increasing the percentage of students that meet 31 State standards in each participating school district. HB1096 Enrolled -21- LRB9201896NTtmB 1 (105 ILCS 5/13B-40.35 new) 2 Sec. 13B-40.35. Supplanting prohibited. Alternative 3 learning opportunities grants may not be used to supplant 4 existing funds that the student would otherwise generate if 5 in attendance in the regular school program. 6 (105 ILCS 5/13B-40.40 new) 7 Sec. 13B-40.40. Cooperative and intergovernmental 8 agreements funding. Alternative learning opportunities 9 programs operating under a cooperative or intergovernmental 10 agreement shall receive the total of funding that each 11 individual program would be entitled to receive separately. 12 (105 ILCS 5/13B-40.45 new) 13 Sec. 13B-40.45. Deobligated funds. Within any given 14 grant year, deobligated funds shall be redistributed to 15 existing alternative learning opportunities programs. 16 (105 ILCS 5/13B-40.50 new) 17 Sec. 13B-40.50. Supplemental funding. An alternative 18 learning opportunities program may receive federal, State, 19 and local grants, gifts, and foundation grants to support the 20 program. 21 (105 ILCS 5/13B-45 new) 22 Sec. 13B-45. Days and hours of attendance. An 23 alternative learning opportunities program shall provide 24 students with at least the minimum number of days of pupil 25 attendance required under Section 10-19 of this Code and the 26 minimum number of daily hours of school work required under 27 Section 18-8.05 of this Code, provided that the State Board 28 may approve exceptions to these requirements if the program 29 meets all of the following conditions: 30 (1) The district plan submitted under Section HB1096 Enrolled -22- LRB9201896NTtmB 1 13B-25.15 of this Code establishes that a program 2 providing the required minimum number of days of 3 attendance or daily hours of school work would not serve 4 the needs of the program's students. 5 (2) Each day of attendance shall provide no fewer 6 than 3 clock hours of school work, as defined under 7 paragraph (1) of subsection (F) of Section 18-8.05 of 8 this Code. 9 (3) Each day of attendance that provides fewer than 10 5 clock hours of school work shall also provide 11 supplementary services, including without limitation 12 work-based learning, student assistance programs, 13 counseling, case management, health and fitness programs, 14 or life-skills or conflict resolution training, in order 15 to provide a total daily program to the student of 5 16 clock hours. A program may claim general State aid for 17 up to 2 hours of the time each day that a student is 18 receiving supplementary services. 19 (4) Each program shall provide no fewer than 174 20 days of actual pupil attendance during the school term; 21 however, approved evening programs that meet the 22 requirements of Section 13B-45 of this Code may offer 23 less than 174 days of actual pupil attendance during the 24 school term. 25 (105 ILCS 5/13B-50 new) 26 Sec. 13B-50. Eligibility to receive general State aid. 27 In order to receive general State aid, alternative learning 28 opportunities programs must meet the requirements for 29 claiming general State aid as specified in Section 18-8.05 of 30 this Code, with the exception of the length of the 31 instructional day, which may be less than 5 hours of school 32 work if the program meets the criteria set forth under 33 Sections 13B-50.5 and 13B-50.10 of this Code and if the HB1096 Enrolled -23- LRB9201896NTtmB 1 program is approved by the State Board. 2 (105 ILCS 5/13B-50.5 new) 3 Sec. 13B-50.5. Conditions of funding. If an alternative 4 learning opportunities program provides less than 5 clock 5 hours of school work daily, the program must meet guidelines 6 established by the State Board and must provide supplementary 7 services, including without limitation work-based learning, 8 student assistance programs, counseling, case management, 9 health and fitness programs, life skills, conflict 10 resolution, or service learning, that are equal to the 11 required attendance. 12 (105 ILCS 5/13B-50.10 new) 13 Sec. 13B-50.10. Additional criteria for general State 14 aid. In order to claim general State aid, an alternative 15 learning opportunities program must meet the following 16 criteria: 17 (1) Teacher professional development plans should 18 include education in the instruction of at-risk students. 19 (2) Facilities must meet the health, life, and safety 20 requirements in this Code. 21 (3) The program must comply with all other State and 22 federal laws applicable to education providers. 23 (105 ILCS 5/13B-50.15 new) 24 Sec. 13B-50.15. Level of funding. Approved alternative 25 learning opportunities programs are entitled to claim general 26 State aid, subject to Sections 13B-50, 13B-50.5, and 27 13B-50.10 of this Code. Approved programs operated by 28 regional offices of education are entitled to receive general 29 State aid at the foundation level of support. A school 30 district or consortium must ensure that an approved program 31 receives supplemental general State aid, transportation HB1096 Enrolled -24- LRB9201896NTtmB 1 reimbursements, and special education resources, if 2 appropriate, for students enrolled in the program. 3 (105 ILCS 5/13B-55 new) 4 Sec. 13B-55. Non-resident students. If one school 5 district can more efficiently serve students from multiple 6 school districts, an approved alternative learning 7 opportunities program may admit non-resident students 8 pursuant to the terms of an intergovernmental agreement 9 negotiated among participating districts. The tuition charge 10 must not be less than 100% nor greater than 110% of the per 11 capita tuition rate for the resident district. 12 (105 ILCS 5/13B-60 new) 13 Sec. 13B-60. Enrollment in program. The provisions set 14 forth in the following Sections preceding Section 13B-65 of 15 this Code govern enrollment in an alternative learning 16 opportunities program. 17 (105 ILCS 5/13B-60.5 new) 18 Sec. 13B-60.5. Request for enrollment. A school 19 district that operates an alternative learning opportunities 20 program shall ensure that parents and guardians are aware of 21 the program and the services that the program offers. A 22 student may be enrolled in the program only upon the request 23 of the student or the student's parent or guardian and only 24 after a conference under Section 13B-60.10 of this Code has 25 been held. 26 (105 ILCS 5/13B-60.10 new) 27 Sec. 13B-60.10. Parent conference. Before being 28 enrolled in an alternative learning opportunities program, 29 the student and each of his or her parents or guardians shall 30 receive written notice to attend a conference to determine if HB1096 Enrolled -25- LRB9201896NTtmB 1 the student would benefit from attending an alternative 2 learning opportunities program. The conference must provide 3 all of the information necessary for the student and parent 4 or guardian to make an informed decision regarding enrollment 5 in an alternative learning opportunities program. The 6 conference shall include a discussion of the extent to which 7 the student, if enrolled in the program, may participate in 8 school activities. No student shall be enrolled in an 9 alternative learning opportunities program without the 10 consent of the student's parent or guardian. 11 (105 ILCS 5/13B-60.15 new) 12 Sec. 13B-60.15. Review of student progress. A school 13 district must regularly review the progress of students 14 enrolled in an alternative learning opportunities program to 15 ensure that students may return to the regular school program 16 as soon as appropriate. Upon request of the student's parent 17 or guardian, the school district shall review the student's 18 progress using procedures established by the district. A 19 student shall remain in the program only with the consent of 20 the student's parent or guardian and shall be promptly 21 returned to the regular school program upon the request of 22 the student's parent or guardian. 23 (105 ILCS 5/13B-60.20 new) 24 Sec. 13B-60.20. Enrollment of special education 25 students. Any enrollment of a special education student in 26 an alternative learning opportunities program must be done 27 only if included in the student's individualized education 28 plan. The student's individualized education plan must be 29 implemented in the program by appropriately certified 30 personnel. 31 (105 ILCS 5/13B-60.25 new) HB1096 Enrolled -26- LRB9201896NTtmB 1 Sec. 13B-60.25. Student Success Plan. A Student Success 2 Plan must be developed for each student enrolled in an 3 alternative learning opportunities program. The student and 4 his or her parent or guardian must be afforded an opportunity 5 to participate in the development of this Plan. 6 (105 ILCS 5/13B-65 new) 7 Sec. 13B-65. Teacher certification. Teachers with a 8 valid and active elementary, secondary, or special PK-12 9 Illinois teaching certificate may teach in an alternative 10 learning opportunities program. 11 (105 ILCS 5/13B-65.5 new) 12 Sec. 13B-65.5. Alternative learning credentials for 13 teachers. Certificated teachers may receive an endorsement 14 or approval in the area of alternative learning. The State 15 Board shall establish teaching standards in alternative 16 learning that lead to such an endorsement or approval. 17 (105 ILCS 5/13B-65.10 new) 18 Sec. 13B-65.10. Continuing professional development for 19 teachers. Teachers may receive continuing education units or 20 continuing professional development units, subject to the 21 provisions of Section 13B-65.5 of this Code, for professional 22 development related to alternative learning. 23 (105 ILCS 5/13B-70 new) 24 Sec. 13B-70. Truancy and attendance problems. If a 25 student is a chronic or habitual truant as defined in Section 26 26-2a of this Code or if a child has been ordered to attend 27 school, the school district may consider the student for 28 placement in an alternative learning opportunities program 29 specifically designed to prevent truancy, supplement 30 instruction for students with attendance problems, intervene HB1096 Enrolled -27- LRB9201896NTtmB 1 to decrease chronic truancy, and provide alternatives to high 2 school completion. A program operating pursuant to the 3 truants' alternative and optional education program may 4 contract with a school district or consortium to provide 5 these services. 6 (105 ILCS 5/13B-75 new) 7 Sec. 13B-75. Subcontracting. A school district, 8 regional office of education, or public community college may 9 contract with a non-profit or for-profit educational entity 10 for the delivery of services under this Article. All 11 educational entities providing instructional services for 12 eligible students must be recognized by the State Board. 13 (105 ILCS 5/13B-80 new) 14 Sec. 13B-80. Student credit. A school district must 15 grant academic credit to a student in an alternative learning 16 opportunities program for work completed at an education 17 provider that is accredited by a regional accrediting body or 18 recognized by the State Board if the student's performance 19 meets district standards. 20 (105 ILCS 5/13B-85 new) 21 Sec. 13B-85. Test of General Educational Development. A 22 student 16 years of age or over who satisfactorily completes 23 an alternative learning opportunities program in accordance 24 with school district guidelines and the Student Success Plan 25 may take the Test of General Educational Development. 26 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) 27 Sec. 26-2. Enrolled pupils below 7 or over 16. Any 28 person having custody or control of a child who is below the 29 age of 7 years or above the age of 16 years and who is HB1096 Enrolled -28- LRB9201896NTtmB 1 enrolled in any of grades 1 through 12, in the public school 2 shall cause him to attend the public school in the district 3 wherein he resides when it is in session during the regular 4 school term unless he is excused under paragraphs 2, 3, 4 or 5 5 of Section 26-1. 6 A school district shall deny reenrollment in its 7 secondary schools to any child above the age of 16 years who 8 has dropped out of school and who could not, because of age 9 and lack of credits, attend classes during the normal school 10 year and graduate before his or her twenty-first birthday. A 11 district may, however, enroll the child in an alternative 12 learning opportunities program established under Article 13B. 13 No child shall be denied reenrollment for the above reasons 14 unless the school district first offers the child due process 15 as required in cases of expulsion under Section 10-22.6. If 16 a child is denied reenrollment after being provided with due 17 process, the school district must provide counseling to that 18 child and must direct that child to alternative educational 19 programs, including adult education programs, that lead to 20 graduation or receipt of a GED diploma. No child may be 21 denied reenrollment in violation of the Individuals with 22 Disabilities Education Act or the Americans with Disabilities 23 Act. 24 (Source: P.A. 88-199; 88-555, eff. 7-27-94.) 25 Section 99. Effective date. This Act takes effect on 26 January 1, 2002. HB1096 Enrolled -29- LRB9201896NTtmB 1 INDEX 2 Statutes amended in order of appearance 3 SEE INDEX 4 105 ILCS 5/3-15.12 from Ch. 122, par. 3-15.12 5 105 ILCS 5/Art. 13B heading new 6 105 ILCS 5/13B-1 new 7 105 ILCS 5/13B-5 new 8 105 ILCS 5/13B-10 new 9 105 ILCS 5/13B-15 new 10 105 ILCS 5/13B-15.5 new 11 105 ILCS 5/13B-15.10 new 12 105 ILCS 5/13B-15.15 new 13 105 ILCS 5/13B-15.20 new 14 105 ILCS 5/13B-15.25 new 15 105 ILCS 5/13B-20 new 16 105 ILCS 5/13B-20.5 new 17 105 ILCS 5/13B-20.10 new 18 105 ILCS 5/13B-20.15 new 19 105 ILCS 5/13B-20.20 new 20 105 ILCS 5/13B-20.25 new 21 105 ILCS 5/13B-20.30 new 22 105 ILCS 5/13B-20.35 new 23 105 ILCS 5/13B-20.40 new 24 105 ILCS 5/13B-25 new 25 105 ILCS 5/13B-25.5 new 26 105 ILCS 5/13B-25.10 new 27 105 ILCS 5/13B-25.15 new 28 105 ILCS 5/13B-25.20 new 29 105 ILCS 5/13B-25.25 new 30 105 ILCS 5/13B-25.30 new 31 105 ILCS 5/13B-25.35 new 32 105 ILCS 5/13B-30 new 33 105 ILCS 5/13B-30.5 new 34 105 ILCS 5/13B-30.10 new HB1096 Enrolled -30- LRB9201896NTtmB 1 105 ILCS 5/13B-30.15 new 2 105 ILCS 5/13B-30.20 new 3 105 ILCS 5/13B-30.25 new 4 105 ILCS 5/13B-30.30 new 5 105 ILCS 5/13B-30.35 new 6 105 ILCS 5/13B-30.40 new 7 105 ILCS 5/13B-30.45 new 8 105 ILCS 5/13B-35 new 9 105 ILCS 5/13B-35.5 new 10 105 ILCS 5/13B-35.10 new 11 105 ILCS 5/13B-35.15 new 12 105 ILCS 5/13B-35.20 new 13 105 ILCS 5/13B-40 new 14 105 ILCS 5/13B-40.5 new 15 105 ILCS 5/13B-40.10 new 16 105 ILCS 5/13B-40.15 new 17 105 ILCS 5/13B-40.20 new 18 105 ILCS 5/13B-40.25 new 19 105 ILCS 5/13B-40.30 new 20 105 ILCS 5/13B-40.35 new 21 105 ILCS 5/13B-40.40 new 22 105 ILCS 5/13B-40.45 new 23 105 ILCS 5/13B-40.50 new 24 105 ILCS 5/13B-45 new 25 105 ILCS 5/13B-50 new 26 105 ILCS 5/13B-50.5 new 27 105 ILCS 5/13B-50.10 new 28 105 ILCS 5/13B-50.15 new 29 105 ILCS 5/13B-55 new 30 105 ILCS 5/13B-60 new 31 105 ILCS 5/13B-60.5 new 32 105 ILCS 5/13B-60.10 new 33 105 ILCS 5/13B-60.15 new 34 105 ILCS 5/13B-60.20 new HB1096 Enrolled -31- LRB9201896NTtmB 1 105 ILCS 5/13B-60.25 new 2 105 ILCS 5/13B-60.30 new 3 105 ILCS 5/13B-60.35 new 4 105 ILCS 5/13B-60.40 new 5 105 ILCS 5/13B-65 new 6 105 ILCS 5/13B-65.5 new 7 105 ILCS 5/13B-65.10 new 8 105 ILCS 5/13B-70 new 9 105 ILCS 5/13B-75 new 10 105 ILCS 5/13B-80 new 11 105 ILCS 5/13B-85 new 12 105 ILCS 5/26-2 from Ch. 122, par. 26-2