ADULT EDUCATION PROGRAMS

Illinois General Assembly - 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,
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;

HB5135 Enrolled
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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.
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

HB5135 Enrolled
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LRB104 19770 LNS 33220 b
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

HB5135 Enrolled
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LRB104 19770 LNS 33220 b
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

HB5135 Enrolled
- 5 -
LRB104 19770 LNS 33220 b
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).

HB5135 Enrolled
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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
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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
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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
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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,
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,

HB5135 Enrolled
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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
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

HB5135 Enrolled
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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
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

HB5135 Enrolled
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LRB104 19770 LNS 33220 b
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.)

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