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HB5135 Enrolled LRB104 19770 LNS 33220 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Adult Education Act is amended by changing
5 Sections 2-4 and 3-1 as follows:
6 (105 ILCS 405/2-4) (from Ch. 122, par. 202-4)
7 Sec. 2-4. Area Planning Councils. An Area Planning Council
8 shall be established within the boundaries of each community
9 college district. A representative of each approved adult
10 education provider is required to participate on the Area
11 Planning Council. Other members may include:
12 (1) regional superintendents of schools;
13 (2) representatives of school districts;
14 (3) representatives of the community college
15 district's career and technical education program;
16 (4) representatives of the community college
17 district's financial aid office;
18 (5) representatives of the community college
19 district's student services office;
20 (6) representatives of local workforce boards under
21 the federal Workforce Innovation and Opportunity Act;
22 (7) persons with an interest in adult education
23 services provided within the community college district;
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1 and
2 (8) persons with an interest in adult education
3 services provided within the Area Planning Council
4 district, including, but not limited to, representatives
5 of social service agencies, businesses and employers,
6 vocational rehabilitation services of the Department of
7 Human Services, and the Department of Employment Security.
8 Each Area Planning Council must elect officers and develop
9 bylaws that indicate the membership of the Council. The Area
10 Planning Council chairperson must be a representative of an
11 adult education provider approved by the Board. In areas where
12 large multiple-provider Area Planning Councils exist, the
13 Board may designate sub-areas within an Area Planning Council
14 district to ensure maximum representation of need. The Board
15 shall determine the guidelines for the bylaws and operation of
16 the Area Planning Council.
17 On or before March 1 of each year each Area Planning
18 Council shall submit an annual Adult Education Plan for the
19 area. The Area Adult Education Plan shall provide for the
20 development and coordination of adult education programs in
21 the area as prescribed by the Board. The Area Adult Education
22 Plan must be aligned with Title II of the federal Workforce
23 Innovation and Opportunity Act, the State Unified Plan, local
24 workforce boards, and one-stop activities and must include
25 involvement of the local Board-approved adult education
26 workforce board representative. The local adult education
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1 workforce board representative is responsible for convening
2 Area Planning Council chairpersons in a local workforce area
3 to provide information regarding the development of the Area
4 Adult Education Plans and related federal Workforce Innovation
5 and Opportunity Act activities. If the Board finds that the
6 annual Area Adult Education Plan submitted by the Area
7 Planning Council meets the requirements of this amendatory Act
8 of 1982 and the established standards and guidelines, the
9 Board shall approve the Plan. The approval of adult education
10 programs by the Board for reimbursement under Section 2-12.5
11 of the Public Community College Act shall be based on the Adult
12 Education Plan approved for the Area. The Area Adult Education
13 Plan must be approved prior to funding being made available to
14 an Area Planning Council district.
15 On or before March 1, 2002 and each year thereafter, the
16 Board shall submit an annual report to the Governor and the
17 General Assembly for adult education for the preceding school
18 year. The annual report shall include a summary of adult
19 education needs and programs; the number of students served,
20 federal Workforce Innovation and Opportunity Act activities,
21 high school equivalency information, credit hours or units of
22 instruction, performance data, and total adult education
23 allocations, and State reimbursement for adult basic
24 education, adult secondary education, English language
25 acquisition, high school credit, integrated English literacy
26 and civics education, and bridge and integrated education and
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1 training programs in coordination with vocational skills
2 training; the criteria used for program approval; and any
3 recommendations.
4 (Source: P.A. 101-289, eff. 8-9-19.)
5 (105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
6 Sec. 3-1. Apportionment for adult education courses. Any
7 school district maintaining adult education classes for the
8 instruction of persons over 21 years of age and youths under 21
9 years of age whose schooling has been interrupted shall be
10 entitled to claim an apportionment in accordance with the
11 provisions of Section 10-22.20 of the School Code and Section
12 2-4 of this Act. Any public community college district
13 maintaining adult education classes for the instruction of
14 those persons who (i) are 17 16 years of age or older, are not
15 enrolled or required to be enrolled in a secondary school
16 under State law, and are basic-skills deficient, (ii) do not
17 have a secondary school diploma or its recognized equivalent
18 and have not achieved an equivalent level of education, or
19 (iii) are an English language learner shall be entitled to
20 claim an apportionment in accordance with the provisions of
21 Section 2-16.02 of the Public Community College Act.
22 Reimbursement as herein provided shall be limited to adult
23 basic education, adult secondary and high school equivalency
24 testing education, high school credit, literacy, including
25 digital literacy, English language acquisition, integrated
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1 English literacy and civics education, integrated education
2 and training in coordination with vocational skills training,
3 and any other activities that are approved by the Board.
4 If the amount appropriated for this purpose is less than
5 the amount required under the provisions of this Section, the
6 apportionment for local districts shall be proportionately
7 reduced.
8 (Source: P.A. 101-289, eff. 8-9-19.)
9 Section 10. The Public Community College Act is amended by
10 changing Sections 2-12 and 2-12.5 as follows:
11 (110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
12 Sec. 2-12. The State Board shall have the power and it
13 shall be its duty:
14 (a) To provide statewide planning for community
15 colleges as institutions of higher education and to
16 coordinate the programs, services and activities of all
17 community colleges in the State so as to encourage and
18 establish a system of locally initiated and administered
19 comprehensive community colleges.
20 (b) To organize and conduct feasibility surveys for
21 new community colleges or for the inclusion of existing
22 institutions as community colleges and the locating of new
23 institutions.
24 (c) (Blank).
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1 (c-5) In collaboration with the community colleges, to
2 furnish information for State and federal accountability
3 purposes, promote student and institutional improvement,
4 and meet research needs.
5 (d) To cooperate with the community colleges in
6 collecting and maintaining student characteristics,
7 enrollment and completion data, faculty and staff
8 characteristics, financial data, admission standards,
9 facility data, and any other issues facing community
10 colleges.
11 (e) To enter into contracts with other governmental
12 agencies and eligible providers, such as local educational
13 agencies, community-based organizations of demonstrated
14 effectiveness, volunteer literacy organizations of
15 demonstrated effectiveness, institutions of higher
16 education, public and private nonprofit agencies,
17 libraries, and public housing authorities; to accept
18 federal funds and to plan with other State agencies when
19 appropriate for the allocation of such federal funds for
20 instructional programs and student services including such
21 funds for adult education and literacy, vocational and
22 career and technical education, and retraining as may be
23 allocated by state and federal agencies for the aid of
24 community colleges. To receive, receipt for, hold in
25 trust, expend and administer, for all purposes of this
26 Act, funds and other aid made available by the federal
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1 government or by other agencies public or private, subject
2 to appropriation by the General Assembly. The changes to
3 this subdivision (e) made by Public Act 91-830 apply on
4 and after July 1, 2001.
5 (f) To determine efficient and adequate standards for
6 community colleges for the physical plant, heating,
7 lighting, ventilation, sanitation, safety, equipment and
8 supplies, instruction and teaching, curriculum, library,
9 operation, maintenance, and administration and
10 supervision.
11 (g) To determine the standards for establishment of
12 community colleges and the proper location of the site in
13 relation to existing institutions of higher education
14 offering academic, occupational and technical training
15 curricula, possible enrollment, assessed valuation,
16 industrial, business, agricultural, and other conditions
17 reflecting educational needs in the area to be served;
18 however, no community college may be considered as being
19 recognized nor may the establishment of any community
20 college be authorized in any district which shall be
21 deemed inadequate for the maintenance, in accordance with
22 the desirable standards thus determined, of a community
23 college offering the basic subjects of general education
24 and suitable vocational and semiprofessional and technical
25 curricula.
26 (h) To approve or disapprove new units of instruction,
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1 research or public service as defined in Section 3-25.1 of
2 this Act submitted by the boards of trustees of the
3 respective community college districts of this State. The
4 State Board may discontinue programs which fail to reflect
5 the educational needs of the area being served. The
6 community college district shall be granted 60 days
7 following the State Board staff recommendation and prior
8 to the State Board's action to respond to concerns
9 regarding the program in question. If the State Board acts
10 to abolish a community college program, the community
11 college district has a right to appeal the decision in
12 accordance with administrative rules promulgated by the
13 State Board under the provisions of the Illinois
14 Administrative Procedure Act.
15 (i) To review and approve or disapprove any contract
16 or agreement that community colleges enter into with any
17 organization, association, educational institution, or
18 government agency to provide educational services for
19 academic credit. The State Board is authorized to monitor
20 performance under any contract or agreement that is
21 approved by the State Board. If the State Board does not
22 approve a particular contract or agreement, the community
23 college district has a right to appeal the decision in
24 accordance with administrative rules promulgated by the
25 State Board under the provisions of the Illinois
26 Administrative Procedure Act. Nothing in this subdivision
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1 (i) shall be interpreted as applying to collective
2 bargaining agreements with any labor organization.
3 (j) To establish guidelines regarding sabbatical
4 leaves.
5 (k) (Blank).
6 (l) (Blank).
7 (m) (Blank).
8 (n) To create and participate in the conduct and
9 operation of any corporation, joint venture, partnership,
10 association, or other organizational entity that has the
11 power: (i) to acquire land, buildings, and other capital
12 equipment for the use and benefit of the community
13 colleges or their students; (ii) to accept gifts and make
14 grants for the use and benefit of the community colleges
15 or their students; (iii) to aid in the instruction and
16 education of students of community colleges; and (iv) to
17 promote activities to acquaint members of the community
18 with the facilities of the various community colleges.
19 (o) To ensure the effective teaching of adult learners
20 and to prepare them for success in employment and lifelong
21 learning by administering a network of providers,
22 programs, and services to provide classes for the
23 instruction of those individuals who (i) are 17 16 years
24 of age or older, are not enrolled or required to be
25 enrolled in a secondary school under State law, and are
26 basic-skills deficient, (ii) do not have a secondary
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1 school diploma or its recognized equivalent and have not
2 achieved an equivalent level of education, or (iii) are an
3 English language learner. Classes in adult education may
4 include adult basic education, adult secondary and high
5 school equivalency testing education, high school credit,
6 literacy, including digital literacy, English language
7 acquisition, integrated education and training in
8 coordination with vocational skills training, and any
9 other instruction designed to prepare adult students to
10 function successfully in society and to experience success
11 in postsecondary education and employment.
12 (p) To supervise the administration of adult education
13 and literacy programs, to establish the standards for such
14 courses of instruction and supervise the administration
15 thereof, to contract with other State and local agencies
16 and eligible providers of demonstrated effectiveness, such
17 as local educational agencies, community-based
18 organizations, volunteer literacy organizations,
19 institutions of higher education, public and private
20 nonprofit agencies, libraries, public housing authorities,
21 and nonprofit institutions for the purpose of promoting
22 and establishing classes for instruction under these
23 programs, to contract with other State and local agencies
24 to accept and expend appropriations for educational
25 purposes to fund reimburse local eligible providers for
26 the cost of these programs, and to establish an advisory
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1 council consisting of all categories of eligible
2 providers; agency partners, such as the State Board of
3 Education, the Department of Human Services, the
4 Department of Employment Security, the Department of
5 Commerce and Economic Opportunity, and the Secretary of
6 State literacy program; and other stakeholders to
7 identify, deliberate, and make recommendations to the
8 State Board on adult education policy and priorities. The
9 State Board shall support statewide geographic
10 distribution; diversity of eligible providers; and the
11 adequacy, stability, and predictability of funding so as
12 not to disrupt or diminish, but rather to enhance, adult
13 education and literacy services.
14 (Source: P.A. 103-940, eff. 8-9-24.)
15 (110 ILCS 805/2-12.5)
16 Sec. 2-12.5. Classes for adults and youths, 17 and older,
17 who are not currently enrolled in secondary school whose
18 schooling has been interrupted.
19 (a) The State Board shall distribute funds to reimburse
20 adult education providers from funds appropriated for approved
21 expenses that are established and determined by the State
22 Board in compliance with the federal Workforce Innovation and
23 Opportunity Act and other State and federal requirements. The
24 State Board shall establish standards to determine the cost of
25 instruction, including any other authorized incidental costs,
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1 which shall serve as the basis of State reimbursement in
2 accordance with the provisions of this Section. In the
3 approval of programs and the determination of the cost of
4 instruction, the State Board shall provide for the maximum
5 utilization of federal and State funds for those programs. The
6 State Board shall also provide for:
7 (1) the method for allocating federal and State funds,
8 including the development of an index of need for program
9 planning and for area funding allocations, as defined by
10 the State Board;
11 (2) the method for calculating hours of instruction,
12 as defined by the State Board, claimable for reimbursement
13 and a method to phase in the calculation and for adjusting
14 the calculations in cases in which the services of a
15 program are interrupted due to circumstances beyond the
16 control of the program provider;
17 (3) a plan for the reallocation of funds to increase
18 the amount allocated for grants based upon program
19 performance; and
20 (4) the development of standards, programs, and
21 guidelines consistent with the federal and State law
22 Workforce Innovation and Opportunity Act.
23 (b) (Blank). For adult education instruction as listed
24 under subdivision (o) of Section 2-12, the maximum generation
25 rate for reimbursement per credit hour or per unit of
26 instruction shall be equal to the community college system
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1 reimbursement rate for adult education divided by one-third.
2 (c) Upon its annual approval, the State Board shall
3 provide grants to eligible programs for activities to improve
4 or expand services under the federal and State law Workforce
5 Innovation and Opportunity Act, Title II - Adult Education and
6 Literacy. Eligible programs shall be determined based upon
7 competitive processes and based on federal and State program
8 considerations, as set by the State Board.
9 (c-5) State adult education funds, except for funds
10 specifically provided as a match as required by federal law,
11 are not subject to the authorizing federal law.
12 (d) Reimbursement under this Section may not exceed the
13 actual costs of the approved program. Approved programs may
14 assess students, except those students receiving public aid
15 under the Illinois Public Aid Code, up to $6.00 per credit hour
16 or unit of instruction, not to exceed $30.00 per semester per
17 student, if needed to meet program costs.
18 (e) Each An education plan shall be established for each
19 adult learner who is participating in the instructional
20 programs provided under this Section shall complete an
21 assessment of foundational skills to appropriately place the
22 adult learner in an instructional program.
23 (f) Each adult education provider shall keep an accurate
24 and detailed account of the students assigned to and receiving
25 instruction under this Section who are enrolled in classroom
26 instruction. Each adult education provider shall submit
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1 periodic reports of services provided as required by the State
2 Board.
3 (g) For classes authorized under this Section, a credit
4 hour or unit of instruction is equal to 15 hours of direct
5 instruction for students enrolled in approved adult education
6 programs at midterm and making satisfactory progress, in
7 accordance with standards established by the State Board.
8 (h) If an approved adult education provider fails to
9 provide or is providing unsatisfactory or insufficient classes
10 under Section 2-12 and this Section, the State Board may enter
11 into agreements with other eligible providers.
12 (Source: P.A. 101-289, eff. 8-9-19.)Every fact on this page links to its source, starting with the official bill record.