HB2003ham001 94TH GENERAL ASSEMBLY

Rep. Robert F. Flider

Filed: 4/12/2005

09400HB2003ham001 LRB094 02829 RAS 43470 a

AMENDMENT TO HOUSE BILL 2003

AMENDMENT NO. ______. Amend House Bill 2003 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Community Education Act.

Section 5. Purpose. The Community Education Program is a program that promotes lifelong learning for the entire community and utilizes a process of citizen participation to encourage the use of all available resources to respond to individual and community needs. The program achieves this by identifying community needs and resources and linking them in a way that helps people to help themselves raise the quality of life in their community. The program accomplishes this objective by assisting in the assessment of community needs, promoting collaboration among government, civic, fraternal, religious, business, labor and educational organizations and reducing duplication of effort through active community, business, and education partnerships. The program provides expanded opportunities for learning to residents of all ages and provides additional community services. The General Assembly recognizes that, while the primary mission of the common schools in this State is to educate the children of this State, in these times of increased longevity, social complexity, and rapidly changing technology, there is an increasing need for providing lifelong learning for all of the residents of each community in this State and recognizes that the common schools are uniquely suited to serve as centers for the delivery of these programs of lifelong learning for all segments of the population. The program also recognizes the principle of local control of the educational process by each community. To provide a framework for the delivery of these services, it is the intent of the General Assembly to provide a framework of support and supervision of community education programs by the State Board of Education, with the option to establish and operate a program of community education being reserved to the school districts.

Section 10. Community Education Program. There is created the Community Education Program, implemented by the State Board of Education and administered by a Community Education Coordinator, appointed as provided in this Act. Optionally this program may be implemented by a school district in the manner provided in this Act. This program shall do the following:

(1) Contain provisions and standards conducive to the establishment of community, business, and education partnerships that give use to lasting relationships between the partners that are mutually beneficial.

(2) Provide greater community access to school facilities and programs to promote increased achievement by children.

(3) Make school facilities available for citizen use.

(4) Organize local residents to assess local conditions, set priorities, identify program needs, and participate in program planning and development.

(5) Identify and utilize resources within the community or those that impact on the community.

(6) Assist in the initiation of new and improved programs in an effort to improve opportunities for all residents of the community.

(7) Provide early childhood family services, including parental, medical, and parent education services, and day care for school-aged youngsters before and after school.

(8) Provide effective youth training programs and employment counseling in schools, as well as paid work experience linking the schools with the private sector.

(9) Provide student involvement in community service learning activities, organizations, and intergenerational programs.

(10) Provide volunteer programs to bring parents, business personnel, community agency representatives, retirees, and other students into the classroom as participants in the teaching of students.

(11) Provide an extended-day educational program for school age children through grade 6.

(12) Provide supplemental or additional programs for junior high school and high school age youth that may consist of enrichment, individual, and supplemental activities, as well as recreational, cultural, and vocational programs.

(13) Provide programs to meet the individual needs of all people who reside in the school district being served.

(14) Provide early childhood family education programs for children from birth to kindergarten, parents of these children, and expectant parents.

(15) Provide programs to prevent and remediate substance abuse and physical and emotional abuse. Nothing set forth in items (7) through (15) shall be constituted as either requiring or permitting the Community Education Program to have any program or programs serving the same purpose or purposes as those elsewhere specifically provided for in the School Code.

(16) Subject to appropriation, provide State matching grants (up to $50,000 per school district per year) to school districts operating community education programs.

The Community Education Program shall contain procedures and standards designed to detect and avoid duplication of existing programs operated by other entities in whole or in part within a school district. The Community Education Program shall provide for the involvement of the residents of a school district in ascertaining the identity of local problems, in ascertaining the community resources available for dealing with these problems, and in developing solutions through the development of an Advisory Council.

Section 15. Community Education Coordinator; appointment and tenure. The State Superintendent of Education shall appoint a Community Education Coordinator, who shall report to the State Superintendent of Education or to such other Associate or Assistant Superintendent as the State Board of Education may from time to time direct. The Coordinator shall serve at the pleasure of the State Superintendent of Education and the State Board of Education.

Section 20. Community Education Coordinator; powers and duties. The Community Education Coordinator shall have the following powers, duties, and responsibilities:

(1) To administer and enforce the provisions of this Act, including the power to promulgate and enforce any necessary rules not inconsistent with the provision of this Act.

(2) To survey and analyze the existing and anticipated community education programs in this State, the current and anticipated problems in the delivery of these programs, the present and future minimum needs and requirements for these programs, and the present and future goals of these programs. The Coordinator shall then prepare a Comprehensive Community Education Plan for the maintenance, development, expansion, and efficient utilization of community education programs and resources in this State. This Plan shall be submitted to the State Board of Education for approval. The State Board of Education may direct the modification, amplification, or alteration of the plan prior to approval. The Coordinator shall continually monitor the implementation of the plan, and when necessary, recommend changes, alterations, or additions to the plan to the State Board of Education. The plan, as amended from time to time, shall be adhered to by the Coordinator and by school districts in developing and implementing community education programs.

(3) To study, review, and evaluate all available resources and programs that, in whole or in part, could be included in the community education program offered, or to be offered, by a school district.

(4) To furnish technical information, consultant services, and other assistance to school districts that are either seeking to organize, organizing, or conducting a community education program pursuant to the provisions of this Act.

(5) To promulgate standards for the scope, content, staffing, and operation of school district community education programs and monitor the adherence thereto by school districts conducting community education programs.

(6) To review a school district community education program and, if this program is found to be in compliance with this Act and the rules adopted under this Act, issue a certificate of compliance with this Act to the school district.

(A) In the case of an initial application for a program, the Coordinator shall review the proposed program. If the Coordinator finds that the proposed program is in compliance with the provisions of this Act and the rules adopted under this Act, the Coordinator shall issue a provisional certificate of qualification for the program.

(B) Provisional certificates issued under this Act shall be valid for a period of one year from the date of their issuance. However, the Coordinator may extend the period of validity from time to time for additional periods of one year each.

(C) Upon a finding by the Coordinator that a local school district program that has been issued a provisional certification is in compliance with this Act and the rules adopted under this Act, the Coordinator shall issue a permanent certificate to the school district.

(D) Permanent certificates issued under this Act shall be valid for a period of 5 years from the date of their issuance, and the compliance of the certified program with the requirements of this Act shall be reviewed at the expiration of that time, and, if in compliance, a new certificate shall be issued for a like period.

(E) Nothing in subdivisions (A) through (D) of this item (6) shall be deemed to limit the power of the Coordinator to issue a permanent certificate under the provisions of this item (6) to any school district maintaining a qualifying community education program on the effective date of this Act.

(F) The Coordinator shall have the power, for good cause shown, to refuse to issue a certificate pursuant to the provisions of this Act, to refuse to renew a certificate issued pursuant to the provisions of this Act, or to revoke any certificate issued pursuant to the provisions of this Act. Any decision of the Coordinator refusing to issue, refusing to renew, or revoking any certificate under this Act is reviewable as provided in Section 22 of this Act.

(G) In the event the Coordinator refuses to reissue a certificate under the provisions of subdivision (F) of this item (6), the Coordinator may, in his or her discretion, issue a provisional certificate for the community education program, and thereafter a permanent certificate, pursuant to the provisions of this item (6).

(7) To provide for and prescribe the content of annual reports by school districts maintaining these community education programs. The Coordinator shall compile and analyze the information contained in these reports and prepare and submit annually to the State Board of Education a report containing information on the activities of the Coordinator's office, a summary of the analysis of the school district reports, and any recommendations for improvements to community education, additional legislation, or amendments to existing legislation. The State Board of Education shall include the Coordinator's report, together with the State Board of Education's recommendations with respect to the report, in the annual report to the General Assembly and the Governor required by subsection E of Section 1A-4 of the School Code.

(8) To conduct such seminars, workshops, and other training activities as may be deemed necessary or advantageous to the operation of community education programs in this State.

Section 22. Review of Coordinator's decision. Any decision of the Community Education Coordinator pursuant to subdivision (F) of item (6) of Section 20 of this Act is reviewable in the following manner:

(1) Within 28 days after the issuance after a written decision of the Coordinator refusing to issue, refusing to renew, or revoking a certificate under this Act, the school district may appeal the decision by filing a notice of appeal of the decision with the State Superintendent of Education.

(2) Upon filing the notice, the State Superintendent of Education or his or her designated representative shall, pursuant to rules adopted pursuant to this Act, conduct a hearing as to the decision. At the hearing, the aggrieved school district shall have the burden of establishing the impropriety of the decision appealed from and the Coordinator shall present evidence in support of the decision.

(3) At the conclusion of the hearing, the State Superintendent of Education or his or her designated representative shall certify the evidence presented, prepare recommended findings of fact and conclusions of law based thereon, and file the certified evidence and proposed findings of fact and conclusions of law with the State Board of Education. Notice of the filing shall be given to all parties as provided by rule. Within 28 days from the date of the giving of the notice or any extension thereof granted by the Chairperson of the State Board of Education, any party to the proceedings may file written objections to the proposed findings of fact and conclusions of law and written briefs in support thereof with the Secretary of the State Board of Education. Within 28 days from the filing of these objections and briefs or any extension thereof granted by the Chairperson of the State Board of Education, the opposing party may file a written response and written briefs in opposition to the objections.

(4) Upon the expiration of the period provided for the filing of objections and responses in paragraph (3) of this Section, the State Board of Education shall take the matter under advisement. The State Board of Education may, pursuant to rules, but shall not be required to, grant the parties the right to appear before the State Board of Education and be heard in support of their respective contentions. The State Board of Education shall make findings of fact and conclusions of law and render a decision either affirming the decision of the Coordinator, reversing the decision, or reversing and remanding the decision to the Coordinator for such further proceedings as the State Board of Education may direct.

(5) Any decision of the State Board of Education denying a provisional or permanent certificate or revoking a certificate shall be deemed a final administrative decision within the meaning of the Administrative Review Law.

(6) Any decision of the Coordinator revoking a certificate or refusing to renew a certificate shall become effective on the expiration of the appeal period provided in this Section. The taking of an appeal shall stay the effect of any order of the Coordinator revoking or refusing to renew a permanent certificate under this Act during the pendency of the appeal, including any appeal pursuant to the Administrative Review Law. The State Superintendent of Education or his or her designated representative, in his or her discretion, may stay all or any part of any other decision of the Coordinator with respect to certification.

Section 25. Establishment of community education program by school district. A school district may establish and operate a community education program in accordance with the provisions of this Act.

Section 50. School district community education program.

The school board of the school district may authorize the establishment of a community education program pursuant to this Act. Upon authorization, the school board shall promptly employ a Director of Community Education, appoint an advisory council, proceed to adopt a community education plan conforming to the requirements of this Act and the rules adopted under this Act, and submit this plan to the Community Education Coordinator for certification pursuant to this Act. Thereafter the school board shall provide for the general supervision of the community education program. Upon receiving certification, the school district shall proceed to implement this plan.

Section 55. Community Education Fund. Any funds from the State appropriated for the purposes of this Act shall be credited to a community education fund that shall be maintained on the books and records of the school district. The school board may designate up to $50,000 to be set aside for community education purposes, which shall be credited to this Fund. All funds received for community education purposes from other sources such as gifts, grants, tuition, and other program revenues shall also be credited to this fund. The school board of each school district having a certified community education program may appropriate, budget, and expend these funds for community education purposes. Funds credited to the community education fund shall not be transferred to any other fund at any time or for any purpose, other than for reimbursement for goods or services furnished to the community education program by the school district and paid for from other district funds.

Section 60. Local advisory council. Each school board shall provide for a local advisory council to consist of members who represent various service organizations, churches, public schools, units of local government, businesses and professions, public and private agencies serving youth, families, or senior citizens, municipal governments, townships, libraries, park, recreation, or forest preserve districts located in whole or in part within the school district, and any other group or groups participating in the school district's community education program. The advisory council shall function in an advisory capacity, in cooperation with the Director of Community Education, to promote the goals and objectives of the school district's community education program.

Section 65. Director of Community Education. Each school district maintaining a community education program shall employ a certified Director of Community Education who shall report to the superintendent of the district. The Director shall be responsible for all aspects of the school district's community education programs. A school district may, with the approval of the Community Education Coordinator, designate an individual who holds a valid administrative certificate issued pursuant to Section 21-7.1 of the School Code as Director of Community Education.

Section 70. Certification of Director of Community Education. The State Board of Education, in consultation with the State Teacher Certification Board, shall by rule set standards for the holding of a certificate as a Director of Community Education and shall administer the certification process.

Section 75. Non-duplication of programs. No school district community education program shall duplicate any program that is being adequately offered within the territory of the district by another public entity. Disputes between a school district and any other public entity as to the extent of duplication and the adequacy of the existing program being offered by the other public entity shall be resolved by the Community Education Coordinator, and the Coordinator's decision shall constitute a final administrative decision for proposes of judicial review. Each school district authorized to conduct a community education program pursuant to the provisions of this Act shall adopt procedures designed to detect and prevent the duplication of services within the territory served by the district.

Section 80. Community education consortiums. Any school district authorized to conduct a community education program pursuant to the provisions of this Act may enter into an agreement with one or more contiguous or overlapping school districts to form a consortium for the purpose of offering a consolidated community education program supervised by a single Director of Community Education, who may be an employee of more than one school district. The Community Education Coordinator shall, by rule, promulgate guidelines for the scope and content of these agreements, and the agreement shall be subject to the approval of the Community Education Coordinator. Any decision of the Coordinator denying approval of an agreement under this Section shall be subject to review in the manner provided in Section 22 of this Act.

Section 85. Partnership agreements. A school district community education program shall have the power to enter into agreements with any other public or private entity or entities for the furnishing of any component of its community education program, provided that programs so furnished shall comply with the standards promulgated by the Community Education Coordinator. These agreements may provide for payments from the school district's community education fund to other entities as contributions to the expenses of the program or programs covered by these agreements.

Section 90. Funding. A school district maintaining a community education program is authorized to receive money from the State, as grants that are subject to appropriation, and other public and private sources for the support of its program or any component thereof and to expend this money pursuant to the provisions of this Act, subject to the terms and conditions under which the money is received. The school district shall have the power to create a non-profit, tax exempt foundation for the purpose of enriching the lifelong learning programs of the district's community education program. Subject to guidelines approved by the school board, the school district is also authorized to charge and collect tuition for specific community education programs. The school board shall also have the authority to designate up to $50,000 per year in discretionary funds to be used for community education purposes.

Section 95. Area Learning Center. A school district or consortium of school districts operating a community education plan under this Act, may, but shall not be required to, either by itself or in cooperation with another school district, a service cooperative, a local community education partnership, a public or private post-secondary institution, or any other public agencies, businesses, or foundations, establish and operate an Area Learning Center. The Center shall have access to the school district's regular education program, special education program, technology facilities, and staff. The Center shall seek the involvement of community education programs, post-secondary institutions, interagency collaborations, community resources, businesses, and other federal, State, and local public agencies.

Section 100. Certification of teaching personnel.

(a) Notwithstanding the provisions of any other law to the contrary and except as otherwise provided in Section 70 of this Act and subsection (b) of this Section, a person who teaches, leads, or otherwise conducts a community education program is exempt from all certification requirements, including, but not limited to, those contained in the School Code.

(b) The provisions of Subsection (a) of this Section shall not apply to any program when the applicable provisions of the statute creating it or the applicable conditions of any grant that may be used in whole or in part for its funding contain specific certification requirements for personnel teaching, leading, or otherwise conducting the program. The provisions of subsection (a) of this Section shall not apply to instruction offered for academic credit to satisfy the requirements of grades K through 12.

(c) The provisions of the School Code permitting the granting of special certificates to persons particularly qualified by experience and training to teach specific courses of instruction shall be applicable to any course for which certification is required pursuant to the provisions of Subsection (b) of this Section.

Section 999. Effective date. This Act takes effect upon becoming law.".