HB 5135

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Full Text of HB5135
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	HB5135 - 104th General Assembly
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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,
3represented in the General Assembly:
4    Section 5. The Adult Education Act is amended by changing
5Sections 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
8shall be established within the boundaries of each community
9college district. A representative of each approved adult
10education provider is required to participate on the Area
11Planning 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;
		HB5135 Enrolled	- 2 -	LRB104 19770 LNS 33220 b
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.
8Each Area Planning Council must elect officers and develop
9bylaws that indicate the membership of the Council. The Area
10Planning Council chairperson must be a representative of an
11adult education provider approved by the Board. In areas where
12large multiple-provider Area Planning Councils exist, the
13Board may designate sub-areas within an Area Planning Council
14district to ensure maximum representation of need. The Board
15shall determine the guidelines for the bylaws and operation of
16the Area Planning Council.
17    On or before March 1 of each year each Area Planning
18Council shall submit an annual Adult Education Plan for the
19area. The Area Adult Education Plan shall provide for the
20development and coordination of adult education programs in
21the area as prescribed by the Board. The Area Adult Education
22Plan must be aligned with Title II of the federal Workforce
23Innovation and Opportunity Act, the State Unified Plan, local
24workforce boards, and one-stop activities and must include
25involvement of the local Board-approved adult education
26workforce board representative. The local adult education
		HB5135 Enrolled	- 3 -	LRB104 19770 LNS 33220 b
1workforce board representative is responsible for convening
2Area Planning Council chairpersons in a local workforce area
3to provide information regarding the development of the Area
4Adult Education Plans and related federal Workforce Innovation
5and Opportunity Act activities. If the Board finds that the
6annual Area Adult Education Plan submitted by the Area
7Planning Council meets the [requirements of this amendatory Act ]
8[of 1982 and the] established standards and guidelines, the
9Board shall approve the Plan. The approval of adult education
10programs by the Board for reimbursement under Section 2-12.5
11of the Public Community College Act shall be based on the Adult
12Education Plan approved for the Area. The Area Adult Education
13Plan must be approved prior to funding being made available to
14an Area Planning Council district.
15    On or before March 1, 2002 and each year thereafter, the
16Board shall submit an annual report to the Governor and the
17General Assembly for adult education for the preceding school
18year. The annual report shall include a summary of adult
19education needs and programs; the number of students served,
20federal Workforce Innovation and Opportunity Act activities,
21high school equivalency information, credit hours or units of
22instruction, performance data, and total adult education
23allocations[, 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 ]
		HB5135 Enrolled	- 4 -	LRB104 19770 LNS 33220 b
1[training programs in coordination with vocational skills ]
2[training]; the criteria used for program approval; and any
3recommendations.
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
7school district maintaining adult education classes for the
8instruction of persons over 21 years of age and youths under 21
9years of age whose schooling has been interrupted shall be
10entitled to claim an apportionment in accordance with the
11provisions of Section 10-22.20 of the School Code and Section
122-4 of this Act. Any public community college district
13maintaining adult education classes for the instruction of
14those persons who (i) are 17 [16] years of age or older, are not
15enrolled or required to be enrolled in a secondary school
16under State law, and are basic-skills deficient, (ii) do not
17have a secondary school diploma or its recognized equivalent
18and have not achieved an equivalent level of education, or
19(iii) are an English language learner shall be entitled to
20claim an apportionment in accordance with the provisions of
21Section 2-16.02 of the Public Community College Act.
22    Reimbursement as herein provided shall be limited to adult
23basic education, adult secondary and high school equivalency
24testing education, high school credit, literacy, including 
25digital literacy, English language acquisition, integrated
		HB5135 Enrolled	- 5 -	LRB104 19770 LNS 33220 b
1English literacy and civics education, integrated education
2and training [in coordination with vocational skills training],
3and any other activities that are approved by the Board.
4    If the amount appropriated for this purpose is less than
5the amount required under the provisions of this Section, the
6apportionment for local districts shall be proportionately
7reduced.
8(Source: P.A. 101-289, eff. 8-9-19.)
9    Section 10. The Public Community College Act is amended by
10changing 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
13shall 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).
		HB5135 Enrolled	- 6 -	LRB104 19770 LNS 33220 b
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
		HB5135 Enrolled	- 7 -	LRB104 19770 LNS 33220 b
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,
		HB5135 Enrolled	- 8 -	LRB104 19770 LNS 33220 b
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
		HB5135 Enrolled	- 9 -	LRB104 19770 LNS 33220 b
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
		HB5135 Enrolled	- 10 -	LRB104 19770 LNS 33220 b
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
		HB5135 Enrolled	- 11 -	LRB104 19770 LNS 33220 b
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, 
17who are not currently enrolled in secondary school [whose ]
18[schooling has been interrupted].
19    (a) The State Board shall distribute funds to [reimburse]
20adult education providers from funds appropriated for approved
21expenses that are established and determined by the State
22Board 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, ]
		HB5135 Enrolled	- 12 -	LRB104 19770 LNS 33220 b
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
5utilization of federal and State funds for those programs. The
6State 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 ]
		HB5135 Enrolled	- 13 -	LRB104 19770 LNS 33220 b
1[reimbursement rate for adult education divided by one-third.]
2    (c) Upon [its annual] approval, the State Board shall
3provide grants to eligible programs for activities to improve
4or 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
7competitive processes and based on federal and State program
8considerations, as set by the State Board.
9    (c-5) State adult education funds, except for funds 
10specifically provided as a match as required by federal law, 
11are not subject to the authorizing federal law.
12    (d) Reimbursement under this Section may not exceed the
13actual costs of the approved program. Approved programs may
14assess students, except those students receiving public aid
15under 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
17student, if needed to meet program costs.
18    (e) Each [An education plan shall be established for each]
19adult learner who is participating in the instructional
20programs provided under this Section shall complete an 
21assessment of foundational skills to appropriately place the 
22adult learner in an instructional program.
23    (f) Each adult education provider shall keep an accurate
24and detailed account of the students assigned to and receiving
25instruction under this Section who are enrolled in classroom
26instruction. Each adult education provider shall submit
		HB5135 Enrolled	- 14 -	LRB104 19770 LNS 33220 b
1periodic reports [of services provided] as required by the State
2Board.
3    (g) For classes authorized under this Section, a credit
4hour or unit of instruction is equal to 15 hours of direct
5instruction for students enrolled in approved adult education
6programs at midterm and making satisfactory progress, in
7accordance with standards established by the State Board.
8    (h) If an approved adult education provider fails to
9provide or is providing unsatisfactory or insufficient classes
10under Section 2-12 and this Section, the State Board may enter
11into agreements with other eligible providers.
12(Source: P.A. 101-289, eff. 8-9-19.)