99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2464
 
Introduced , by Rep. Dwight Kay
 
SYNOPSIS AS INTRODUCED:



New Act
 Creates the Illinois Virtual School Act. Establishes the Illinois Virtual School as a statewide virtual school to serve Illinois students in kindergarten through grade 12 and Illinois teachers and other educators, to be funded through an annual State appropriation to meet the operation and capital needs of the Illinois Virtual School. Sets forth provisions concerning fees, accountability, online courses, access and equity, a Board of Trustees, the powers of the Board, and the transition from the existing State Board of Education program. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 


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1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the 
5Illinois Virtual School Act.

6 Section 5. Policy and purposes.  The General Assembly 
7hereby finds and declares that meeting the educational needs of 
8children in our State's schools is of the greatest importance 
9to the future welfare of this State; closing the achievement 
10gap between high-performing students, including the gap 
11between minority and non-minority students and between 
12economically disadvantaged students and their more advantaged 
13peers, is a significant and present challenge; and providing a 
14broader range of educational options to parents and utilizing 
15existing resources, along with technology, may help students in 
16our State improve their academic achievement. In recognition of 
17these needs, this Act creates the Illinois Virtual School, a 
18statewide virtual school, to ensure equitable access to rich 
19and varied learning opportunities for Illinois students, with 
20an emphasis on curricular areas needed to ensure that all 
21students can meet the Illinois Learning Standards and succeed 
22in higher education and the workplace; support schools in the 
23integration of online learning technology into their own 
 
 
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1educational programs; and expand high-quality professional 
2development opportunities for Illinois teachers and other 
3educators.
4 The primary purposes of the Illinois Virtual School shall 
5be the following:
6  (1) to offer to all students in this State in grades 
7 kindergarten through 12 rigorous online courses aligned to 
8 State and national standards and taught by highly qualified 
9 online instructors to supplement and complement the 
10 educational opportunities available in the students' 
11 current educational setting;
12  (2) to provide to schools in this State access to the 
13 same online courses along with professional development 
14 for the schools' faculty so that the local school may 
15 provide online learning options taught by their own 
16 faculty; and

17  (3) to provide online professional development 
18 opportunities for Illinois teachers and other educators to 
19 assist in meeting re-certification requirements.

20 Section 10. Creation and funding. There is hereby created 
21the Illinois Virtual School, a statewide virtual school to 
22serve Illinois students in kindergarten through grade 12 and 
23Illinois teachers and other educators, funded through an annual 
24State appropriation to meet the operation and capital needs of 
25the Illinois Virtual School. Fees may be charged to schools and 
 
 
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1home-schooled families on a per enrollment basis to cover costs 
2directly associated with the offering of online courses and the 
3providing of online curriculum to Illinois schools. The 
4Illinois Virtual School may also charge fees for services 
5provided to students and schools outside of this State in order 
6to further support the services provided to Illinois students 
7and educators.
8 In order to be eligible for State appropriations, the 
9Illinois Virtual School shall submit to the State Board of 
10Education not later than the 1st day of October of each year 
11its budget proposal for the operation and capital needs of the 
12Illinois Virtual School for its next fiscal year.

13 Section 15. Accountability.  The operations of the Illinois 
14Virtual School must be audited on an annual basis by the Office 
15of the Auditor General. The Illinois Virtual School shall 
16prepare an annual report to be submitted to the General 
17Assembly and the Governor regarding the Illinois Virtual 
18School's accomplishments. An external program evaluation must 
19be conducted by an organization with knowledge and expertise in 
20online learning at least every 3 years.

21 Section 20. Online courses. 
22 (a) In accordance with the first purpose of the Illinois 
23Virtual School in Section 5 of this Act, the Illinois Virtual 
24School is authorized to offer online courses to all students in 
 
 
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1grades kindergarten through 12.
2 (b) The Illinois Virtual School shall have the following 
3responsibilities:
4  (1) The curriculum must be aligned to State or national 
5 learning standards.
6  (2) The courses must be delivered by certified teachers 
7 that meet applicable highly qualified criteria under the 
8 federal No Child Left Behind Act of 2001 and have knowledge 
9 and skills specific to teaching online. These teachers may 
10 be considered by the students' school as the teacher of 
11 record.
12  (3) The Illinois Virtual School must provide support 
13 and training to staff at the students' school with respect 
14 to their participation in online courses.
15  (4) Upon completion of a course, the Illinois Virtual 
16 School must provide a report to the students' school 
17 regarding the students' academic performance based upon 
18 his or her demonstrated level of mastery of the subject 
19 matter.
20 (c) The local school shall have the following 
21responsibilities:
22  (1) To make the determination if a student is approved 
23 to enroll in an Illinois Virtual School course. The school 
24 may not deny a student participation in an Illinois Virtual 
25 School course if the course is an appropriate part of the 
26 student's course of instruction and the school is unable to 
 
 
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1 provide the course locally by a certified instructor.
2  (2) When the student is at the school building, to 
3 provide supervision of the student during periods of time 
4 the student is assigned to work on his or her Illinois 
5 Virtual School course.
6  (3) When requested by the Illinois Virtual School 
7 instructor, to proctor a student's participation in 
8 Illinois Virtual School activities or assessments.
9  (4) If the course is designated by the Illinois Virtual 
10 School as covering the equivalent of at least one semester 
11 of course content, based on the report of the student's 
12 academic performance upon the completion of the course, to 
13 issue a final grade consistent with local school policy and 
14 place the course on the student's permanent record or 
15 academic transcript.
16  (5) To provide payment to the Illinois Virtual School 
17 for applicable enrollment fees.

18 (d) If a student is home schooled, the student's parent or 
19legal guardian has the responsibility to do the following:
20  (1) Make the determination if the student is approved 
21 to enroll in an Illinois Virtual School course.
22  (2) Make sure the student's Illinois Virtual School 
23 course is supervised by a responsible adult.
24  (3) When requested by the Illinois Virtual School 
25 instructor, proctor the student's participation in 
26 Illinois Virtual School activities or assessments.
 
 
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1  (4) Provide payment to the Illinois Virtual School for 
2 the applicable enrollment fees.

3 Section 25. Access and equity.  The Illinois Virtual School 
4is established to increase the access and equity of diverse and 
5rigorous curricular offerings to all students in this State. As 
6such, the Illinois Virtual School shall establish policies and 
7practices that are explicitly intended to serve those students 
8not currently receiving access to such offerings.

9 Section 30. Board of Trustees.  The Illinois Virtual School 
10shall be governed by a Board of Trustees, which shall consist 
11of the following members:
12  (1) Four representatives of kindergarten through grade 
13 12 education, appointed by the State Superintendent of 
14 Education.
15  (2) Three representatives of higher education, 2 of 
16 whom are appointed by the Executive Director of the Board 
17 of Higher Education and the other appointed by the 
18 Executive Director of the Illinois Community College 
19 Board.
20  (3) Two representatives of the Illinois business 
21 community, appointed by the Governor.

22  (4) Two representatives of the public at large 
23 appointed by the Governor.
24  (5) Four ex-officio nonvoting members, who shall be the 
 
 
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1 State Superintendent of Education or his or her designee, 
2 the Executive Director of the Illinois Community College 
3 Board or his or her designee, the Executive Director of the 
4 Board of Higher Education or his or her designee, and the 
5 President of the Illinois Mathematics and Science Academy 
6 or his or her designee.

7 With the exception of the initial appointments, the 
8members' terms of office shall be for 6 years. At the first 
9meeting of the Board, members shall draw lots for appointments 
10of 2, 4, or 6-year initial terms. Vacancies shall be filled for 
11the unexpired portion of the terms by appointment of the person 
12who appointed the member causing such vacancy. The initial 
13terms shall commence upon appointment and end upon expiration 
14of the term. A member shall continue serving until a successor 
15is appointed. The Board shall select a chairperson from among 
16its members who shall serve a 2-year term as chairperson. 
17Members shall receive no salary, but shall be reimbursed for 
18all ordinary and necessary expenses incurred in performing 
19their duties as members of the Board.

20 Section 35. Powers of the Board. The Board of Trustees is 
21hereby authorized to do the following:
22  (1) Select a President, who shall be the chief 
23 executive officer of the Illinois Virtual School and who 
24 shall administer the rules and policies adopted by the 
25 Board pursuant to this Section. The President shall also be 
 
 
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1 the chief administrative officer of the Board and shall be 
2 responsible for all of the administrative functions, 
3 duties, and needs of the Board. The President may not be a 
4 member of the Board.
5  (2) Accept donations, bequests, or other forms of 
6 financial assistance for educational purposes from any 
7 public or private person or agency and comply with rules 
8 and regulations governing grants from the federal 
9 government or from any other person or agency that are not 
10 in contravention of the Illinois Constitution or the laws 
11 of the State of Illinois.
12  (3) Purchase equipment and make improvements to 
13 facilities necessary for the use of the Illinois Virtual 
14 School, in accordance with applicable law.
15  (4) Adopt, amend, or repeal rules and policies 
16 necessary or proper for the conduct of the business of the 
17 Board and for the efficient operation of the Illinois 
18 Virtual School.
19  (5) Award certificates and issue diplomas for 
20 successful completion of program of study requirements in 
21 such cases where the Illinois Virtual School is authorized 
22 to issue credit and diplomas.
23  (6) Adopt an annual budget, recommended by the 
24 President, for the continued operation of the Illinois 
25 Virtual School.
26  (7) Enter into contracts and agreements that have been 
 
 
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1 recommended by the President, in accordance with 
2 applicable law, and, to the extent that funds are 
3 specifically appropriated, with other public agencies with 
4 respect to cooperative enterprises and undertakings 
5 related to or associated with an educational purpose or 
6 program affecting education in the Illinois Virtual 
7 School. This shall not preclude the Board from entering 
8 into other contracts and agreements that it may deem 
9 necessary to carry out its duties and functions.
10 The Board shall delegate to the President such of its 
11administrative powers and duties as it deems appropriate to aid 
12the President in the efficient administration of his or her 
13responsibility for the implementation of the policies of the 
14Board.
15 The Illinois Virtual School shall be empowered to lease or 
16purchase real and personal property on commercially reasonable 
17terms for the use of the Illinois Virtual School. Any leases or 
18purchases of real or personal property and any disposition 
19thereof by the Illinois Virtual School must be in compliance 
20with the provisions of the Civil Administrative Code of 
21Illinois and the State Property Control Act. Personal property 
22acquired for the use of the Illinois Virtual School shall be 
23inventoried and disposed of in accordance with the State 
24Property Control Act.
25 The Illinois Virtual School, its Board of Trustees, and its 
26employees shall be represented and indemnified in certain civil 
 
 
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1lawsuits in accordance with the State Employee Indemnification 
2Act.

3 Section 40. Transition from existing State Board of 
4Education program.  The following shall apply in order to 
5provide an orderly transition from the current statewide online 
6program operated by the State Board of Education established 
7through policy action on August 24, 2000 or its successor 
8programs:
9  (1) In order to allow for the hiring of a President and 
10 other staff to conduct activities to transition from the 
11 current program to the Illinois Virtual School, the 
12 Illinois Virtual School Board of Trustees shall be formed 
13 no later than 60 days after the effective date of this Act.
14  (2) The State Board of Education's current statewide 
15 online program shall continue to deliver courses through 
16 the end of the 2015-2016 school year. The Illinois Virtual 
17 School shall begin offering courses beginning with the 
18 summer 2016 term.
19  (3) All intellectual property that was developed by the 
20 State Board of Education or its contractors and 
21 subcontractors for the operation of the State Board of 
22 Education's statewide online program shall be transferred 
23 to the Illinois Virtual School.
24  (4) At the request of the Illinois Virtual School, any 
25 physical property owned by the State Board of Education or 
 
 
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1 its contractors that is being used for the operation of the 
2 State Board of Education's statewide online program shall 
3 be transferred to the Illinois Virtual School.
4  (5) At the discretion of the Illinois Virtual School, 
5 in lieu of a competitive bid process required by State law, 
6 any contract or sub-contract established by the State Board 
7 of Education for operation of its statewide online program 
8 may be transferred to the Illinois Virtual School for a 
9 period of no longer than 3 years.
10  (6) The Illinois Virtual School shall receive an 
11 appropriation for the fiscal year beginning July 1, 2015 to 
12 conduct transition activities and begin offering courses 
13 for the summer 2016 term.
14  (7) For the fiscal year beginning July 1, 2016, the 
15 Illinois Virtual School shall submit its budget request to 
16 the State Board of Education within 120 days after the 
17 formation of the Illinois Virtual School Board of Trustees.


18 Section 99. Effective date. This Act takes effect upon 
19becoming law.