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| Public Act 096-0684 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by adding Section | ||||
10-29 as follows: | ||||
(105 ILCS 5/10-29 new) | ||||
Sec. 10-29. Remote educational programs. | ||||
(a) For purposes of this Section, "remote educational | ||||
program" means an educational program delivered to students in | ||||
the home or other location outside of a school building that | ||||
meets all of the following criteria: | ||||
(1) A student may participate in the program only after | ||||
the school district, pursuant to adopted school board | ||||
policy, and a person authorized to enroll the student under | ||||
Section 10-20.12b of this Code determine that a remote | ||||
educational program will best serve the student's | ||||
individual learning needs. The adopted school board policy | ||||
shall include, but not be limited to, all of the following: | ||||
(A) Criteria for determining that a remote | ||||
educational program will best serve a student's | ||||
individual learning needs. The criteria must include | ||||
consideration of, at a minimum, a student's prior | ||||
attendance, disciplinary record, and academic history. | ||||
(B) Any limitations on the number of students or | ||
grade levels that may participate in a remote | ||
educational program. | ||
(C) A description of the process that the school | ||
district will use to approve participation in the | ||
remote educational program. The process must include | ||
without limitation a requirement that, for any student | ||
who qualifies to receive services pursuant to the | ||
federal Individuals with Disabilities Education | ||
Improvement Act of 2004, the student's participation | ||
in a remote educational program receive prior approval | ||
from the student's individualized education program | ||
team. | ||
(D) A description of the process the school | ||
district will use to develop and approve a written | ||
remote educational plan that meets the requirements of | ||
subdivision (5) of this subsection (a). | ||
(E) A description of the system the school district | ||
will establish to calculate the number of clock hours a | ||
student is participating in instruction in accordance | ||
with the remote educational program. | ||
(F) A description of the process for renewing a | ||
remote educational program at the expiration of its | ||
term. | ||
(G) Such other terms and provisions as the school | ||
district deems necessary to provide for the | ||
establishment and delivery of a remote educational | ||
program. | ||
(2) The school district has determined that the remote | ||
educational program's curriculum is aligned to State | ||
learning standards and that the program offers instruction | ||
and educational experiences consistent with those given to | ||
students at the same grade level in the district. | ||
(3) The remote educational program is delivered by | ||
instructors that meet the following qualifications: | ||
(A) they are certificated under Article 21 of this | ||
Code; | ||
(B) they meet applicable highly qualified criteria | ||
under the federal No Child Left Behind Act of 2001; and | ||
(C) they have responsibility for all of the | ||
following elements of the program: planning | ||
instruction, diagnosing learning needs, prescribing | ||
content delivery through class activities, assessing | ||
learning, reporting outcomes to administrators and | ||
parents and guardians, and evaluating the effects of | ||
instruction. | ||
(4) During the period of the calendar year included | ||
within the regular school term of the school district, | ||
participation in a remote educational program may be | ||
claimed for general State aid purposes under Section | ||
18-8.05 of this Code only on days of pupil attendance or | ||
institute days included within the school district's | ||
calendar established pursuant to Section 10-19 of this | ||
Code. Outside of the regular school term of the district, | ||
the remote educational program may be offered as part of | ||
any summer school program authorized by this Code. | ||
(5) Each student participating in a remote educational | ||
program must have a written remote educational plan that | ||
has been approved by the school district and a person | ||
authorized to enroll the student under Section 10-20.12b of | ||
this Code. The school district and a person authorized to | ||
enroll the student under Section 10-20.12b of this Code | ||
must approve any amendment to a remote educational plan. | ||
The remote educational plan must include, but is not | ||
limited to, all of the following: | ||
(A) Specific achievement goals for the student | ||
aligned to State learning standards. | ||
(B) A description of all assessments that will be | ||
used to measure student progress, which description | ||
shall indicate the assessments that will be | ||
administered at an attendance center within the school | ||
district. | ||
(C) A description of the progress reports that will | ||
be provided to the school district and the person or | ||
persons authorized to enroll the student under Section | ||
10-20.12b of this Code. | ||
(D) Expectations, processes, and schedules for | ||
interaction between a teacher and student. | ||
(E) A description of the specific responsibilities | ||
of the student's family and the school district with | ||
respect to equipment, materials, phone and Internet | ||
service, and any other requirements applicable to the | ||
home or other location outside of a school building | ||
necessary for the delivery of the remote educational | ||
program. | ||
(F) If applicable, a description of how the remote | ||
educational program will be delivered in a manner | ||
consistent with the student's individualized education | ||
program required by Section 614(d) of the federal | ||
Individuals with Disabilities Education Improvement | ||
Act of 2004 or plan to ensure compliance with Section | ||
504 of the federal Rehabilitation Act of 1973. | ||
(G) A description of the procedures and | ||
opportunities for participation in academic and | ||
extra-curricular activities and programs within the | ||
school district. | ||
(H) The identification of a parent, guardian, or | ||
other responsible adult who will provide direct | ||
supervision of the program. The plan must include an | ||
acknowledgment by the parent, guardian, or other | ||
responsible adult that he or she may engage only in | ||
non-teaching duties not requiring instructional | ||
judgment or the evaluation of a student. The plan shall | ||
designate the parent, guardian, or other responsible | ||
adult as non-teaching personnel or volunteer personnel | ||
under subsection (a) of Section 10-22.34 of this Code. | ||
(I) The identification of a school district | ||
administrator who will oversee the remote educational | ||
program on behalf of the school district and who may be | ||
contacted by the student's parents with respect to any | ||
issues or concerns with the program. | ||
(J) The term of the student's participation in the | ||
remote educational program, which may not extend for | ||
longer than 12 months, unless the term is renewed by | ||
the district in accordance with subdivision (7) of this | ||
subsection (a). | ||
(K) A description of the specific location or | ||
locations in which the program will be delivered. If | ||
the remote educational program is to be delivered to a | ||
student in any location other than the student's home, | ||
the plan must include a written determination by the | ||
school district that the location will provide a | ||
learning environment appropriate for the delivery of | ||
the program. The location or locations in which the | ||
program will be delivered shall be deemed a long | ||
distance teaching reception area under subsection (a) | ||
of Section 10-22.34 of this Code. | ||
(L) Certification by the school district that the | ||
plan meets all other requirements of this Section. | ||
(6) Students participating in a remote educational | ||
program must be enrolled in a school district attendance | ||
center pursuant to the school district's enrollment policy | ||
or policies. A student participating in a remote | ||
educational program must be tested as part of all | ||
assessments administered by the school district pursuant | ||
to Section 2-3.64 of this Code at the attendance center in | ||
which the student is enrolled and in accordance with the | ||
attendance center's assessment policies and schedule. The | ||
student must be included within all adequate yearly | ||
progress and other accountability determinations for the | ||
school district and attendance center under State and | ||
federal law. | ||
(7) The term of a student's participation in a remote | ||
educational program may not extend for longer than 12 | ||
months, unless the term is renewed by the school district. | ||
The district may only renew a student's participation in a | ||
remote educational program following an evaluation of the | ||
student's progress in the program, a determination that the | ||
student's continuation in the program will best serve the | ||
student's individual learning needs, and an amendment to | ||
the student's written remote educational plan addressing | ||
any changes for the upcoming term of the program. | ||
(b) A school district may, by resolution of its school | ||
board, establish a remote educational program. | ||
(c) Days of attendance by students in a remote educational | ||
program meeting the requirements of this Section may be claimed | ||
by the school district and shall be counted as school work for | ||
general State aid purposes in accordance with and subject to | ||
the limitations of Section 18-8.05 of this Code. | ||
(d) The impact of remote educational programs on wages, | ||
hours, and terms and conditions of employment of educational | ||
employees within the school district shall be subject to local | ||
collective bargaining agreements. | ||
(e) The use of a home or other location outside of a school | ||
building for a remote educational program shall not cause the | ||
home or other location to be deemed a public school facility. | ||
(f) A remote educational program may be used, but is not | ||
required, for instruction delivered to a student in the home or | ||
other location outside of a school building that is not claimed | ||
for general State aid purposes under Section 18-8.05 of this | ||
Code. | ||
(g) School districts that, pursuant to this Section, adopt | ||
a policy for a remote educational program must submit to the | ||
State Board of Education a copy of the policy and any | ||
amendments thereto, as well as data on student participation in | ||
a format specified by the State Board of Education. The State | ||
Board of Education may perform or contract with an outside | ||
entity to perform an evaluation of remote educational programs | ||
in this State. | ||
(h) The State Board of Education may adopt any rules | ||
necessary to ensure compliance by remote educational programs | ||
with the requirements of this Section and other applicable | ||
legal requirements.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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