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92_HB1096eng HB1096 Engrossed 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 3-15.12 and 26-2 and by adding Article 13B as 6 follows: 7 (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12) 8 Sec. 3-15.12. High school equivalency testing program. 9 The regional superintendent of schools shall make available 10 for qualified individuals residing within the region a High 11 School Equivalency Testing Program. For that purpose the 12 regional superintendent alone or with other regional 13 superintendents may establish and supervise a testing center 14 or centers to administer the secure forms of the high school 15 level Test of General Educational Development to qualified 16 persons. Such centers shall be under the supervision of the 17 regional superintendent in whose region such centers are 18 located, subject to the approval of the State Superintendent 19 of Education. 20 An individual is eligible to apply to the regional 21 superintendent of schools for the region in which he resides 22 if he is: (a) a person who is 18 years of age or older, has 23 maintained residence in the State of Illinois and is not a 24 high school graduate, but whose high school class has 25 graduated; (b) a member of the armed forces of the United 26 States on active duty who is 17 years of age or older and who 27 is stationed in Illinois or is a legal resident of Illinois; 28 (c) a ward of the Department of Corrections who is 17 years 29 of age or older or an inmate confined in any branch of the 30 Illinois State Penitentiary or in a county correctional 31 facility who is 17 years of age or older; (d) a female who is HB1096 Engrossed -2- LRB9201896NTtmB 1 17 years of age or older who is unable to attend school 2 because she is either pregnant or the mother of one or more 3 children; (e) a male 17 years of age or older who is unable 4 to attend school because he is a father of one or more 5 children; (f) a person who is successfully completing an 6 alternative education program under Section 2-3.81,or7 Article 13A, or Article 13B; (g) a person who is enrolled in 8 a youth education program sponsored by the Illinois National 9 Guard; or (h) a person who is 17 years of age or older who 10 has been a dropout for a period of at least one year. For 11 purposes of this Section, residence is that abode which the 12 applicant considers his home. Applicants may provide as 13 sufficient proof of such residence a picture identification 14 card and two pieces of correctly addressed and postmarked 15 mail. Such regional superintendent shall determine if the 16 applicant meets statutory and regulatory state standards. If 17 qualified the applicant shall at the time of such application 18 pay a fee established by the State Board of Education, which 19 fee shall be paid into a special fund under the control and 20 supervision of the regional superintendent. Such moneys 21 received by the regional superintendent shall be used, first, 22 for the expenses incurred in administering and scoring the 23 examination, and next for other educational programs that are 24 developed and designed by the regional superintendent of 25 schools to assist those who successfully complete the high 26 school level test of General Education Development in 27 furthering their academic development or their ability to 28 secure and retain gainful employment, including programs for 29 the competitive award based on test scores of college or 30 adult education scholarship grants or similar educational 31 incentives. Any excess moneys shall be paid into the 32 institute fund. 33 Any applicant who has achieved the minimum passing 34 standards as established by the State Board of Education HB1096 Engrossed -3- LRB9201896NTtmB 1 shall be notified in writing by the regional superintendent 2 and shall be issued a high school equivalency certificate on 3 the forms provided by the State Superintendent of Education. 4 The regional superintendent shall then certify to the Office 5 of the State Superintendent of Education the score of the 6 applicant and such other and additional information that may 7 be required by the State Superintendent of Education. The 8 moneys received therefrom shall be used in the same manner as 9 provided for in this Section. 10 Any applicant who has attained the age of 18 years and 11 maintained residence in the State of Illinois and is not a 12 high school graduate but whose high school class has 13 graduated or any ward of the Department of Corrections who 14 has attained the age of 17 years, any inmate confined in any 15 branch of the Illinois State Penitentiary or in a county 16 correctional facility who has attained the age of 17 years, 17 or any member of the armed forces of the United States on 18 active duty who has attained the age of 17 years and who is 19 stationed in Illinois or is a legal resident of Illinois, or 20 any female who has attained the age of 17 years and is either 21 pregnant or the mother of one or more children, or any male 22 who has attained the age of 17 years and is the father of one 23 or more children, or any person who has successfully 24 completed an alternative education program under Section 25 2-3.81,orArticle 13A, or Article 13B and meets the 26 requirements prescribed by the State Board of Education, is 27 eligible to apply for a high school equivalency certificate 28 upon showing evidence that he has completed, successfully, 29 the high school level General Educational Development Tests, 30 administered by the United States Armed Forces Institute, 31 official GED Centers established in other states, or at 32 Veterans' Administration Hospitals or the office of the State 33 Superintendent of Education administered for the Illinois 34 State Penitentiary System and the Department of Corrections. HB1096 Engrossed -4- LRB9201896NTtmB 1 Such applicant shall apply to the regional superintendent of 2 the region wherein he has maintained residence, and upon 3 payment of a fee established by the State Board of Education 4 the regional superintendent shall issue a high school 5 equivalency certificate, and immediately thereafter certify 6 to the State Superintendent of Education the score of the 7 applicant and such other and additional information as may be 8 required by the State Superintendent of Education. 9 Notwithstanding the provisions of this Section, any 10 applicant who has been out of school for at least one year 11 may request the regional superintendent of schools to 12 administer the restricted GED test upon written request of: 13 The director of a program who certifies to the Chief Examiner 14 of an official GED center that the applicant has completed a 15 program of instruction provided by such agencies as the Job 16 Corps, the Postal Service Academy or apprenticeship training 17 program; an employer or program director for purposes of 18 entry into apprenticeship programs; another State Department 19 of Education in order to meet regulations established by that 20 Department of Education, a post high school educational 21 institution for purposes of admission, the Department of 22 Professional Regulation for licensing purposes, or the Armed 23 Forces for induction purposes. The regional superintendent 24 shall administer such test and the applicant shall be 25 notified in writing that he is eligible to receive the 26 Illinois High School Equivalency Certificate upon reaching 27 age 18, provided he meets the standards established by the 28 State Board of Education. 29 Any test administered under this Section to an applicant 30 who does not speak and understand English may at the 31 discretion of the administering agency be given and answered 32 in any language in which the test is printed. The regional 33 superintendent of schools may waive any fees required by this 34 Section in case of hardship. HB1096 Engrossed -5- LRB9201896NTtmB 1 In counties of over 3,000,000 population a GED 2 certificate issued on or after July 1, 1994 shall contain the 3 signatures of the State Superintendent of Education, the 4 superintendent, president or other chief executive officer of 5 the institution where GED instruction occurred and any other 6 signatures authorized by the State Superintendent of 7 Education. 8 (Source: P.A. 89-273, eff. 1-1-96; 89-358, eff. 1-1-96; 9 89-626, eff. 8-9-96; 89-629, eff. 8-9-96; 90-643, eff. 10 7-24-98.) 11 (105 ILCS 5/Art. 13B heading new) 12 ARTICLE 13B. ALTERNATIVE LEARNING OPPORTUNITIES 13 (105 ILCS 5/13B-1 new) 14 Sec. 13B-1. Short title. This Article may be cited as 15 the Alternative Learning Opportunities Law. 16 (105 ILCS 5/13B-5 new) 17 Sec. 13B-5. Legislative findings and declarations. The 18 General Assembly finds and declares the following: 19 (1) It is the responsibility of each school 20 district to provide educational support for every student 21 to meet Illinois Learning Standards. 22 (2) School districts need flexibility and financial 23 support to assist local schools in their efforts to 24 provide students with educational and other services 25 needed for students to successfully master the 26 curriculum. 27 (3) Alternative education in this State has 28 traditionally provided student-centered curriculum, 29 social services, and other support needed to help 30 students succeed. 31 (4) Standards-based reform requires a comprehensive HB1096 Engrossed -6- LRB9201896NTtmB 1 approach to alternative education to ensure that every 2 student has the opportunity to meet the State's rigorous 3 learning standards. 4 (5) While school districts operating alternative 5 learning opportunities programs must comply with all 6 applicable State and federal laws, these districts should 7 do so in a manner consistent with the goals and policies 8 stated in this Article. 9 (105 ILCS 5/13B-10 new) 10 Sec. 13B-10. Purpose. The purpose of this Article is to 11 specify the requirements for the operation of alternative 12 learning opportunities programs, which are intended to 13 provide at-risk students with the education and support 14 services needed to meet Illinois Learning Standards and to 15 complete their education in an orderly, safe, and secure 16 learning environment. Services provided under this Article 17 should be provided in a manner that addresses individual 18 learning styles, career development, and social needs to 19 enable students to successfully complete their education. 20 (105 ILCS 5/13B-15 new) 21 Sec. 13B-15. Definitions. In this Article, words and 22 phrases have the meanings set forth in the following Sections 23 preceding Section 13B-20 of this Code. 24 (105 ILCS 5/13B-15.5 new) 25 Sec. 13B-15.5. At-risk student. "At-risk student" means 26 a student at risk of academic failure due to serious 27 academic, personal, economic, or social impediments or any 28 combination of these, unrelated to a student's disability or 29 language proficiency, and includes without limitation a 30 student with a history of poor academic outcomes and 31 underachievement unrelated to a disability. "At-risk HB1096 Engrossed -7- LRB9201896NTtmB 1 student" may include without limitation, a high school 2 dropout, a student involved in substance abuse, a student who 3 is pregnant or parenting, a student at risk of academic 4 failure due to attendance problems or mobility issues, a 5 student involved with the police or the courts, and a student 6 impacted by chronic illness, poor nutritional status, or 7 economic disadvantage. Such students are eligible for 8 services up to the age of 21 years. 9 (105 ILCS 5/13B-15.10 new) 10 Sec. 13B-15.10. State Board. "State Board" means the 11 State Board of Education. 12 (105 ILCS 5/13B-15.15 new) 13 Sec. 13B-15.15. Student at risk of academic failure. 14 "Student at risk of academic failure" means a student whose 15 circumstances threaten his or her ability to master the 16 curriculum and who demonstrates a need for educational 17 support or social services beyond that provided by the 18 regular school program. Such students are eligible for 19 services up to the age of 21. 20 (105 ILCS 5/13B-15.20 new) 21 Sec. 13B-15.20. Student Success Plan. "Student Success 22 Plan" means a plan based on an assessment of a student's 23 educational and social functioning and skills and that 24 establishes goals and objectives for satisfactory performance 25 in an alternative learning opportunities program. The Plan 26 must (i) specify the curriculum and instructional methods to 27 be used in improving the student's educational performance, 28 (ii) outline the support services needed to remove barriers 29 to learning, (iii) specify, when appropriate, the career 30 development experiences the student will receive to enhance 31 his or her career awareness, (iv) set objectives to ensure a HB1096 Engrossed -8- LRB9201896NTtmB 1 successful transition back to the regular school program or 2 to post-secondary educational options, and (v) outline the 3 student's responsibilities under the Plan. 4 (105 ILCS 5/13B-15.25 new) 5 Sec. 13B-15.25. Support services. "Support services" 6 may include without limitation alcohol and drug 7 rehabilitation; individual, group, and family counseling; 8 mentoring; tutoring; school physicals; health and nutrition 9 education; classroom aides; career counseling; child care; 10 and any other social, health, or supplemental service 11 approved as part of the Student Success Plan that is required 12 by students for their academic success. 13 (105 ILCS 5/13B-20 new) 14 Sec. 13B-20. Alternative learning opportunities program. 15 An alternative learning opportunities program shall provide a 16 flexible standards-based learning environment, innovative and 17 varied instructional strategies, a student-centered 18 curriculum, social programs, and supplemental social, health, 19 and support services to improve the educational achievement 20 of at-risk students. 21 (105 ILCS 5/13B-20.5 new) 22 Sec. 13B-20.5. Eligible activities and services. 23 Alternative learning opportunities programs may include 24 without limitation evening high school, in-school tutoring 25 and mentoring programs, in-school suspension programs, high 26 school completion programs, support services, parental 27 involvement programs, and programs to develop, enhance, or 28 extend the transition for students transferring back to the 29 regular school program, an adult education program, or a 30 post-secondary education program. HB1096 Engrossed -9- LRB9201896NTtmB 1 (105 ILCS 5/13B-20.10 new) 2 Sec. 13B-20.10. Specialization. An alternative learning 3 opportunities program may be designed to provide support 4 services for high school dropouts, students involved in 5 substance abuse, students who are pregnant or parenting, 6 students at risk of school failure because of attendance 7 problems or mobility issues, students involved with the 8 police or the courts, or students impacted by chronic 9 illness, poor nutritional status, or economic disadvantage. 10 (105 ILCS 5/13B-20.15 new) 11 Sec. 13B-20.15. Who may establish and operate programs. 12 School districts may establish alternative learning 13 opportunities programs or may contract with regional offices 14 of education, intermediate service centers, public community 15 colleges, non-profit or for-profit education providers, youth 16 service agencies, community-based organizations, or other 17 appropriate entities to establish alternative learning 18 opportunities programs within the public school system and 19 provide a range of alternative learning opportunities for 20 those students in the State who do not meet Illinois Learning 21 Standards. Districts may individually operate alternative 22 learning opportunities programs or may collaborate with 2 or 23 more districts or one or more regional offices of education 24 or both or with intermediate service centers to create and 25 operate alternative learning opportunities programs. 26 (105 ILCS 5/13B-20.20 new) 27 Sec. 13B-20.20. Other eligible providers of alternative 28 learning opportunities. School districts may contract with 29 health, mental health, or human service organizations, 30 workforce development boards or agencies, juvenile court 31 services, juvenile justice agencies, juvenile detention 32 programs, programs operated by the Department of Corrections, HB1096 Engrossed -10- LRB9201896NTtmB 1 or other appropriate agencies or organizations to serve 2 students whose needs are not being met in the regular school 3 program by providing alternative learning opportunities. 4 (105 ILCS 5/13B-20.25 new) 5 Sec. 13B-20.25. Enrollment in other programs. General 6 Educational Development preparation programs are not eligible 7 for funding under this Article. A student may enroll in a 8 program approved under Section 18-8.05 of this Code, as 9 appropriate, or attend both the alternative learning 10 opportunities program and the regular school program to 11 enhance student performance and facilitate on-time 12 graduation. 13 (105 ILCS 5/13B-20.30 new) 14 Sec. 13B-20.30. Eligible students. Students in grades 4 15 through 12 who meet criteria established by the school 16 district and who meet the definition of "at-risk student" or 17 "student at risk of academic failure" are eligible to 18 participate in an alternative learning opportunities program 19 funded under this Article. 20 (105 ILCS 5/13B-20.35 new) 21 Sec. 13B-20.35. Location of program. An alternative 22 learning opportunities program may be provided at facilities 23 separate from the regular school or in classrooms elsewhere 24 on school premises. 25 (105 ILCS 5/13B-20.40 new) 26 Sec. 13B-20.40. Transportation of students. School 27 districts that are required to provide transportation 28 pursuant to Section 29-3 of this Code shall provide 29 transportation for students enrolled in alternative learning 30 opportunities programs. Other school districts shall provide HB1096 Engrossed -11- LRB9201896NTtmB 1 transportation to the same extent that they provide 2 transportation to other students. A school district may 3 collaborate with the regional superintendent of schools to 4 establish a cooperative transportation agreement among school 5 districts in the region to reduce the costs of transportation 6 and to provide for greater accessibility for students 7 attending alternative learning opportunities programs. 8 (105 ILCS 5/13B-25 new) 9 Sec. 13B-25. Eligibility for funding. The criteria set 10 forth in the following Sections preceding Section 13B-30 of 11 this Code shall determine the eligibility of an alternative 12 learning opportunities program for funding. 13 (105 ILCS 5/13B-25.5 new) 14 Sec. 13B-25.5. General standards for eligibility for 15 funding. To be eligible for funding, an alternative learning 16 opportunities program must provide evidence of an 17 administrative structure, program activities, program staff, 18 a budget, and a specific curriculum that is consistent with 19 Illinois Learning Standards but may be different from the 20 regular school program in terms of location, length of school 21 day, program sequence, pace, instructional activities, or any 22 combination of these. 23 (105 ILCS 5/13B-25.10 new) 24 Sec. 13B-25.10. District policies, guidelines, and 25 procedures; notification. Before receiving State funds for 26 an alternative learning opportunities program, a school 27 district must adopt policies and guidelines for the admission 28 and transfer of students to the program in a manner 29 consistent with guidelines provided by the State Board. A 30 school district must adopt policies and procedures for the 31 establishment of a new alternative learning opportunities HB1096 Engrossed -12- LRB9201896NTtmB 1 program or for securing State approval for an existing 2 program. Any district that plans to establish an alternative 3 learning opportunities program must notify the State Board. 4 (105 ILCS 5/13B-25.15 new) 5 Sec. 13B-25.15. Planning process and district plan. To 6 apply for funding to establish or maintain an alternative 7 learning opportunities program, a school district must 8 initiate a planning process to specify the type of program 9 needed by the district. Before submission of the district 10 plan, the school district or consortium may apply for a 11 one-year planning grant. The planning process may involve 12 key education and community stakeholders, such as teachers, 13 administrators, parents, interested members of the community, 14 and other agencies or organizations as appropriate. 15 (105 ILCS 5/13B-25.20 new) 16 Sec. 13B-25.20. Requirements for the district plan. The 17 district plan must be consistent with the school district's 18 overall mission and goals and aligned with the local school 19 improvement plans of each participating school. The district 20 plan must include all of the following: 21 (1) A description of the program, including the 22 at-risk student population to be served, evidence of 23 need, program goals, objectives, and measurable outcomes. 24 (2) A staffing plan, including the experiences, 25 competency, and qualifications of certified and 26 non-certificated staff and emphasizing their individual 27 and collective abilities to work with at-risk students. 28 (3) A description and schedule of support services 29 that will be available to students as part of their 30 instructional program, including procedures for accessing 31 services required for students on an as-needed basis. 32 (4) How the district will use grant funds to HB1096 Engrossed -13- LRB9201896NTtmB 1 improve the educational achievement of at-risk students. 2 (5) A detailed program budget that includes sources 3 of funding to be used in conjunction with alternative 4 learning opportunities grant funds and a plan for 5 allocating costs to those funds. 6 (6) A plan that outlines how funding for 7 alternative learning opportunities will be coordinated 8 with other State and federal funds to ensure the 9 efficient and effective delivery of the program. 10 (7) A description of other sources of revenue the 11 district will allocate to the program. 12 (8) An estimate of the total cost per student for 13 the program and an estimate of any gap between existing 14 revenue available for the program and the total cost of 15 the program. 16 (9) A description of how parents and community 17 members will be involved in the program. 18 (10) Policies and procedures used by the district 19 to grant credit for student work satisfactorily completed 20 in the program. 21 (11) How the district will assess students enrolled 22 in the program, including how statewide testing for 23 students in alternative learning opportunities settings 24 will be addressed. 25 (12) How students will be admitted to the program 26 and how students will make an effective transition back 27 to the regular school program, as appropriate. 28 (13) All cooperative and intergovernmental 29 agreements and subcontracts with eligible entities. 30 (105 ILCS 5/13B-25.25 new) 31 Sec. 13B-25.25. Testing and assessment. A district plan 32 for an alternative learning opportunities program operated 33 through a cooperative or intergovernmental agreement must HB1096 Engrossed -14- LRB9201896NTtmB 1 provide procedures for ensuring that students are included in 2 the administration of statewide testing programs. Students 3 enrolled in an alternative learning opportunities program 4 shall participate in State assessments under Section 2-3.64 5 of this Code. 6 (105 ILCS 5/13B-25.30 new) 7 Sec. 13B-25.30. Annual update and submission of district 8 plan. A district plan must be updated annually and submitted 9 to the State Board. 10 (105 ILCS 5/13B-25.35 new) 11 Sec. 13B-25.35. Regional plan. Based on district plans 12 to provide alternative learning opportunities, the regional 13 office of education must submit an annual plan summarizing 14 the number, needs, and demographics of at-risk students 15 expected to be served in its region. This plan must be 16 updated annually and submitted to the State Board. 17 (105 ILCS 5/13B-30 new) 18 Sec. 13B-30. Responsibilities of the State Board. The 19 State Board has the responsibilities set forth in the 20 following Sections preceding Section 13B-35 of this Code. 21 (105 ILCS 5/13B-30.5 new) 22 Sec. 13B-30.5. Program assistance, evaluation, and 23 monitoring. Subject to the availability of State funds, the 24 State Board is authorized to assist school districts in 25 developing and implementing alternative learning 26 opportunities programs to meet the educational needs of 27 at-risk students. The State Board shall develop 28 research-based guidelines for alternative learning 29 opportunities programs, provide technical assistance to 30 ensure the establishment of quality programs aligned with HB1096 Engrossed -15- LRB9201896NTtmB 1 Illinois Learning Standards, and contract for services to 2 conduct an annual statewide evaluation. The State Board 3 shall conduct compliance visits of and monitor programs, as 4 appropriate. The State Board may conduct other 5 program-related research and planning projects, as 6 appropriate, to enhance student outcomes. 7 (105 ILCS 5/13B-30.10 new) 8 Sec. 13B-30.10. Compliance. The State Board is 9 responsible for ensuring that all alternative learning 10 opportunities programs are in compliance with all applicable 11 State laws, unless otherwise specified in this Article. 12 (105 ILCS 5/13B-30.15 new) 13 Sec. 13B-30.15. Statewide program evaluation of student 14 outcomes. Alternative learning opportunities programs must 15 be evaluated annually on a statewide basis. Indicators used 16 to measure student outcomes for this evaluation may include 17 program completion, elementary school graduation, high school 18 graduation or passage of the General Educational Development 19 test, attendance, the number of students involved in 20 work-based learning activities, the number of students making 21 an effective transition to the regular school program, 22 further education or work, and improvement in the percentage 23 of students enrolled in the sending school district or 24 districts that meet State standards. 25 (105 ILCS 5/13B-30.20 new) 26 Sec. 13B-30.20. Suspension or revocation of program 27 approval. The State Board may suspend or revoke approval of 28 an alternative learning opportunities program under any one 29 of the following conditions: 30 (1) A failure to meet educational outcomes as 31 enumerated in Section 13B-30.15 of this Code and as HB1096 Engrossed -16- LRB9201896NTtmB 1 specified in the alternative learning opportunities grant 2 agreement for a period of 2 or more consecutive years. 3 (2) A failure to comply with all applicable laws as 4 specified in this Code. 5 (3) A failure to comply with the terms and 6 conditions of the alternative learning opportunities 7 grant. 8 (4) A failure to maintain financial records 9 according to generally accepted accounting procedures as 10 specified by the State Board. 11 (105 ILCS 5/13B-30.25 new) 12 Sec. 13B-30.25. Corrective action plan. For school 13 districts whose alternative learning opportunities programs 14 are not making progress in specified program outcomes, the 15 State Board may require a school district to submit a 16 corrective action plan. 17 (105 ILCS 5/13B-30.30 new) 18 Sec. 13B-30.30. Technical assistance before suspension 19 or revocation of funding. Funding of an alternative learning 20 opportunities program may not be suspended or revoked unless 21 the program has been provided with technical assistance and 22 has had an opportunity to implement a corrective action plan. 23 (105 ILCS 5/13B-30.35 new) 24 Sec. 13B-30.35. Recovery of grant funds. The State may 25 recover grant funds from school districts that consistently 26 fail to improve student performance or have failed to 27 implement corrective actions to improve their alternative 28 learning opportunities programs. 29 (105 ILCS 5/13B-30.40 new) 30 Sec. 13B-30.40. Application for funding after suspension HB1096 Engrossed -17- LRB9201896NTtmB 1 or revocation of program approval. Once approval to operate 2 an alternative learning opportunities program is suspended or 3 revoked, the school district or consortium must reapply for 4 funding. 5 (105 ILCS 5/13B-30.45 new) 6 Sec. 13B-30.45. Administrative support. The State Board 7 shall use 1.5% of the State appropriation for the purposes of 8 this Article to conduct activities related to the provision 9 of technical assistance, professional development, 10 evaluations, and compliance monitoring. 11 (105 ILCS 5/13B-35 new) 12 Sec. 13B-35. Application to cooperative agreements. The 13 provisions set forth in the following Sections preceding 14 Section 13B-40 of this Code apply to cooperative agreements 15 among alternative learning opportunities program providers. 16 (105 ILCS 5/13B-35.5 new) 17 Sec. 13B-35.5. Local governance; cooperative agreements. 18 For an alternative learning opportunities program operated 19 jointly or offered under contract, the local governance of 20 the program shall be established by each local school board 21 through a cooperative or intergovernmental agreement with 22 other school districts. Cooperative agreements may be 23 established among regional offices of education, public 24 community colleges, community-based organizations, health and 25 human service agencies, youth service agencies, juvenile 26 court services, the Department of Corrections, and other 27 non-profit or for-profit education or support service 28 providers as appropriate. Nothing contained in this Section 29 shall prevent a school district, regional office of 30 education, or intermediate service center from forming a 31 cooperative for the purpose of delivering an alternative HB1096 Engrossed -18- LRB9201896NTtmB 1 learning opportunities program. 2 (105 ILCS 5/13B-35.10 new) 3 Sec. 13B-35.10. Committee of Cooperative Services. The 4 State Superintendent of Education shall convene a State-level 5 Committee of Cooperative Services. The Committee shall 6 include representatives of the following agencies and 7 organizations, selected by their respective heads: the Office 8 of the Governor, the State Board of Education, the Illinois 9 Association of Regional Superintendents of Schools, the 10 Chicago Public Schools, the Intermediate Service Centers, the 11 State Teacher Certification Board, the Illinois Community 12 College Board, the Department of Human Services, the 13 Department of Children and Family Services, the Illinois 14 Principals Association, the Illinois Education Association, 15 the Illinois Federation of Teachers, the Illinois Juvenile 16 Justice Commission, the Office of the Attorney General, the 17 Illinois Association of School Administrators, the 18 Administrative Office of the Illinois Courts, the Department 19 of Corrections, special education organizations, and 20 non-profit and community-based organizations, as well as 21 parent representatives designated by the State Superintendent 22 of Education. 23 (105 ILCS 5/13B-35.15 new) 24 Sec. 13B-35.15. Role of Committee of Cooperative 25 Services. The Committee of Cooperative Services shall advise 26 the State Superintendent of Education on the statewide 27 development, implementation, and coordination of alternative 28 learning opportunities programs. The Committee shall make 29 recommendations to the heads of the various State entities 30 represented on the Committee to improve the educational 31 outcomes of at-risk students through the coordinated 32 provision of education, health, mental health, and human HB1096 Engrossed -19- LRB9201896NTtmB 1 services. 2 (105 ILCS 5/13B-35.20 new) 3 Sec. 13B-35.20. Operation of Committee of Cooperative 4 Services. The Committee of Cooperative Services shall 5 establish its by-laws and procedures, subject to approval of 6 the State Superintendent of Education. 7 (105 ILCS 5/13B-40 new) 8 Sec. 13B-40. Funding. The provisions set forth in the 9 following Sections preceding Section 13B-45 of this Code 10 apply to the funding of alternative learning opportunities 11 programs under this Article. 12 (105 ILCS 5/13B-40.5 new) 13 Sec. 13B-40.5. Budget. The General Assembly shall 14 appropriate new, additional funds to establish alternative 15 learning opportunities programs throughout the State. 16 (105 ILCS 5/13B-40.10 new) 17 Sec. 13B-40.10. Availability of grants. Based on 18 available funding, the State Board shall establish the 19 maximum amount of funding available for planning grants. The 20 remaining funding shall be distributed for supplemental and 21 implementation grants based on available funds, according to 22 the State's calculated share of costs in excess of the per 23 capita cost per student. 24 (105 ILCS 5/13B-40.15 new) 25 Sec. 13B-40.15. Limitation to existing programs. In the 26 first year of funding under this Article, supplemental and 27 implementation grants shall be limited to existing 28 educational programs that meet the guidelines set forth under 29 this Article. HB1096 Engrossed -20- LRB9201896NTtmB 1 (105 ILCS 5/13B-40.20 new) 2 Sec. 13B-40.20. Planning grants. A planning grant shall 3 be used to support the costs associated with developing a 4 district plan for the establishment of a new alternative 5 learning opportunities program or to seek approval for an 6 existing program. A planning grant is limited to one year. 7 (105 ILCS 5/13B-40.25 new) 8 Sec. 13B-40.25. Supplemental grants. A supplemental 9 grant shall be used to significantly extend the services of 10 an existing alternative learning opportunities program to 11 additional students or to develop a new component to enhance 12 an existing program. The State Board shall establish the 13 maximum amount of funding available for supplemental grants. 14 (105 ILCS 5/13B-40.30 new) 15 Sec. 13B-40.30. Implementation grants. An 16 implementation grant shall be used to support the excess cost 17 of instruction and support services provided by an 18 alternative learning opportunities program. Implementation 19 grants shall be distributed based on available funding 20 grouped according to the per capita costs by school district. 21 The State Board shall establish the maximum amount of funding 22 for implementation grants. In years subsequent to the first 23 year of funding under this Article, implementation grants 24 shall be continued based on completion of program plans, 25 compliance with applicable State laws, and program 26 performance as measured by the percentage of students 27 achieving one or more specified positive outcomes and overall 28 progress in increasing the percentage of students that meet 29 State standards in each participating school district. 30 (105 ILCS 5/13B-40.35 new) 31 Sec. 13B-40.35. Supplanting prohibited. Alternative HB1096 Engrossed -21- LRB9201896NTtmB 1 learning opportunities grants may not be used to supplant 2 existing funds that the student would otherwise generate if 3 in attendance in the regular school program. 4 (105 ILCS 5/13B-40.40 new) 5 Sec. 13B-40.40. Cooperative and intergovernmental 6 agreements funding. Alternative learning opportunities 7 programs operating under a cooperative or intergovernmental 8 agreement shall receive the total of funding that each 9 individual program would be entitled to receive separately. 10 (105 ILCS 5/13B-40.45 new) 11 Sec. 13B-40.45. Deobligated funds. Within any given 12 grant year, deobligated funds shall be redistributed to 13 existing alternative learning opportunities programs. 14 (105 ILCS 5/13B-40.50 new) 15 Sec. 13B-40.50. Supplemental funding. An alternative 16 learning opportunities program may receive federal, State, 17 and local grants, gifts, and foundation grants to support the 18 program. 19 (105 ILCS 5/13B-45 new) 20 Sec. 13B-45. Days and hours of attendance. An 21 alternative learning opportunities program shall provide 22 students with at least the minimum number of days of pupil 23 attendance required under Section 10-19 of this Code and the 24 minimum number of daily hours of school work required under 25 Section 18-8.05 of this Code, provided that the State Board 26 may approve exceptions to these requirements if the program 27 meets all of the following conditions: 28 (1) The district plan submitted under Section 29 13B-25.15 of this Code establishes that a program 30 providing the required minimum number of days of HB1096 Engrossed -22- LRB9201896NTtmB 1 attendance or daily hours of school work would not serve 2 the needs of the program's students. 3 (2) Each day of attendance shall provide no fewer 4 than 3 clock hours of school work, as defined under 5 paragraph (1) of subsection (F) of Section 18-8.05 of 6 this Code. 7 (3) Each day of attendance that provides fewer than 8 5 clock hours of school work shall also provide 9 supplementary services, including without limitation 10 work-based learning, student assistance programs, 11 counseling, case management, health and fitness programs, 12 or life-skills or conflict resolution training, in order 13 to provide a total daily program to the student of 5 14 clock hours. A program may claim general State aid for 15 up to 2 hours of the time each day that a student is 16 receiving supplementary services. 17 (4) Each program shall provide no fewer than 174 18 days of actual pupil attendance during the school term; 19 however, approved evening programs that meet the 20 requirements of Section 13B-45 of this Code may offer 21 less than 174 days of actual pupil attendance during the 22 school term. 23 (105 ILCS 5/13B-50 new) 24 Sec. 13B-50. Eligibility to receive general State aid. 25 In order to receive general State aid, alternative learning 26 opportunities programs must meet the requirements for 27 claiming general State aid as specified in Section 18-8.05 of 28 this Code, with the exception of the length of the 29 instructional day, which may be less than 5 hours of school 30 work if the program meets the criteria set forth under 31 Sections 13B-50.5 and 13B-50.10 of this Code and if the 32 program is approved by the State Board. HB1096 Engrossed -23- LRB9201896NTtmB 1 (105 ILCS 5/13B-50.5 new) 2 Sec. 13B-50.5. Conditions of funding. If an alternative 3 learning opportunities program provides less than 5 clock 4 hours of school work daily, the program must meet guidelines 5 established by the State Board and must provide supplementary 6 services, including without limitation work-based learning, 7 student assistance programs, counseling, case management, 8 health and fitness programs, life skills, conflict 9 resolution, or service learning, that are equal to the 10 required attendance. 11 (105 ILCS 5/13B-50.10 new) 12 Sec. 13B-50.10. Additional criteria for general State 13 aid. In order to claim general State aid, an alternative 14 learning opportunities program must meet the following 15 criteria: 16 (1) Teacher professional development plans should 17 include education in the instruction of at-risk students. 18 (2) Facilities must meet the health, life, and safety 19 requirements in this Code. 20 (3) The program must comply with all other State and 21 federal laws applicable to education providers. 22 (105 ILCS 5/13B-50.15 new) 23 Sec. 13B-50.15. Level of funding. Approved alternative 24 learning opportunities programs are entitled to claim general 25 State aid, subject to Sections 13B-50, 13B-50.5, and 26 13B-50.10 of this Code. Approved programs operated by 27 regional offices of education are entitled to receive general 28 State aid at the foundation level of support. A school 29 district or consortium must ensure that an approved program 30 receives supplemental general State aid, transportation 31 reimbursements, and special education resources, if 32 appropriate, for students enrolled in the program. HB1096 Engrossed -24- LRB9201896NTtmB 1 (105 ILCS 5/13B-55 new) 2 Sec. 13B-55. Non-resident students. If one school 3 district can more efficiently serve students from multiple 4 school districts, an approved alternative learning 5 opportunities program may admit non-resident students 6 pursuant to the terms of an intergovernmental agreement 7 negotiated among participating districts. The tuition charge 8 must not be less than 100% nor greater than 110% of the per 9 capita tuition rate for the resident district. 10 (105 ILCS 5/13B-60 new) 11 Sec. 13B-60. Enrollment in program. The provisions set 12 forth in the following Sections preceding Section 13B-65 of 13 this Code govern enrollment in an alternative learning 14 opportunities program. 15 (105 ILCS 5/13B-60.5 new) 16 Sec. 13B-60.5. Procedures for voluntary admission. 17 Eligible students may apply for enrollment in an alternative 18 learning opportunities program and may be accepted on a 19 space-available basis in accordance with procedures 20 established by the school district for this purpose. 21 (105 ILCS 5/13B-60.10 new) 22 Sec. 13B-60.10. Administrative transfers. A school 23 district may transfer a student to an alternative learning 24 opportunities program if the district finds it to be in the 25 best interests of the student. 26 (105 ILCS 5/13B-60.15 new) 27 Sec. 13B-60.15. Parent conference. Before being 28 voluntarily admitted or administratively transferred to an 29 alternative learning opportunities program, the student and 30 each of his or her parents or guardians shall receive written HB1096 Engrossed -25- LRB9201896NTtmB 1 notice to attend a conference to determine if the student 2 would benefit from attending an alternative learning 3 opportunities program. The conference must provide all of 4 the information necessary for the student and parent or 5 guardian to make an informed decision regarding enrollment in 6 an alternative learning opportunities program. 7 (105 ILCS 5/13B-60.20 new) 8 Sec. 13B-60.20. Due process and informed consent. A 9 student may not be recommended for enrollment in or 10 administratively transferred to an alternative learning 11 opportunities program unless each parent or guardian of the 12 student has been sent notification of the student's 13 application or the school district's decision to consider an 14 alternative learning opportunities program. 15 (105 ILCS 5/13B-60.25 new) 16 Sec. 13B-60.25. Right to appeal. Unless otherwise 17 specified, each parent or guardian of a student has the right 18 to appeal the decision to place the student in an alternative 19 learning opportunities program according to procedures 20 specified by the school district. 21 (105 ILCS 5/13B-60.30 new) 22 Sec. 13B-60.30. Review of student progress. A school 23 district must regularly review the progress of students 24 enrolled in an alternative learning opportunities program to 25 ensure that students may return to the regular school program 26 as soon as appropriate. 27 (105 ILCS 5/13B-60.35 new) 28 Sec. 13B-60.35. Transfer of special education students 29 to program. Any transfer of a special education student to 30 an alternative learning opportunities program shall be done HB1096 Engrossed -26- LRB9201896NTtmB 1 only in accordance with that student's Individualized 2 Education Plan. 3 (105 ILCS 5/13B-60.40 new) 4 Sec. 13B-60.40. Student Success Plan. A Student Success 5 Plan must be developed for each student enrolled in an 6 alternative learning opportunities program. The student and 7 each of his or her parents or guardians must be afforded an 8 opportunity to participate in the development of this Plan. 9 (105 ILCS 5/13B-65 new) 10 Sec. 13B-65. Teacher certification. Teachers with a 11 valid and active elementary, secondary, or special PK-12 12 Illinois teaching certificate may teach in an alternative 13 learning opportunities program. 14 (105 ILCS 5/13B-65.5 new) 15 Sec. 13B-65.5. Alternative learning credentials for 16 teachers. Certificated teachers may receive an endorsement 17 or approval in the area of alternative learning. The State 18 Board shall establish teaching standards in alternative 19 learning that lead to such an endorsement or approval. 20 (105 ILCS 5/13B-65.10 new) 21 Sec. 13B-65.10. Continuing professional development for 22 teachers. Teachers may receive continuing education units or 23 continuing professional development units, subject to the 24 provisions of Section 13B-65.5 of this Code, for professional 25 development related to alternative learning. 26 (105 ILCS 5/13B-70 new) 27 Sec. 13B-70. Truancy and attendance problems. If it has 28 been determined that a student's attendance is not adequate 29 enough to benefit from the regular school program or if a HB1096 Engrossed -27- LRB9201896NTtmB 1 child has been ordered to attend school, the school district 2 may consider the student for placement in an alternative 3 learning opportunities program specifically designed to 4 prevent truancy, supplement instruction for students with 5 attendance problems, intervene to decrease chronic truancy, 6 and provide alternatives to high school completion. A 7 program operating pursuant to the truants' alternative and 8 optional education program may contract with a school 9 district or consortium to provide these services. 10 (105 ILCS 5/13B-75 new) 11 Sec. 13B-75. Subcontracting. A school district, 12 regional office of education, or public community college may 13 contract with a non-profit or for-profit educational entity 14 for the delivery of services under this Article. All 15 educational entities providing instructional services for 16 eligible students must be recognized by the State Board. 17 (105 ILCS 5/13B-80 new) 18 Sec. 13B-80. Student credit. A school district may 19 grant academic credit to a student in an alternative learning 20 opportunities program for work completed at an education 21 provider that is accredited by a regional accrediting body or 22 recognized by the State Board and if the student's 23 performance is acceptable to the district. 24 (105 ILCS 5/13B-85 new) 25 Sec. 13B-85. Test of General Educational Development. A 26 student 16 years of age or over who satisfactorily completes 27 an alternative learning opportunities program in accordance 28 with school district guidelines and the Student Success Plan 29 may take the Test of General Educational Development. HB1096 Engrossed -28- LRB9201896NTtmB 1 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) 2 Sec. 26-2. Enrolled pupils below 7 or over 16. Any 3 person having custody or control of a child who is below the 4 age of 7 years or above the age of 16 years and who is 5 enrolled in any of grades 1 through 12, in the public school 6 shall cause him to attend the public school in the district 7 wherein he resides when it is in session during the regular 8 school term unless he is excused under paragraphs 2, 3, 4 or 9 5 of Section 26-1. 10 A school district shall deny reenrollment in its 11 secondary schools to any child above the age of 16 years who 12 has dropped out of school and who could not, because of age 13 and lack of credits, attend classes during the normal school 14 year and graduate before his or her twenty-first birthday. A 15 district may, however, enroll the child in an alternative 16 learning opportunities program established under Article 13B. 17 No child shall be denied reenrollment for the above reasons 18 unless the school district first offers the child due process 19 as required in cases of expulsion under Section 10-22.6. If 20 a child is denied reenrollment after being provided with due 21 process, the school district must provide counseling to that 22 child and must direct that child to alternative educational 23 programs, including adult education programs, that lead to 24 graduation or receipt of a GED diploma. No child may be 25 denied reenrollment in violation of the Individuals with 26 Disabilities Education Act or the Americans with Disabilities 27 Act. 28 (Source: P.A. 88-199; 88-555, eff. 7-27-94.) 29 Section 99. Effective date. This Act takes effect on 30 July 1, 2001. HB1096 Engrossed -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 Engrossed -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 Engrossed -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