Bill Text: IL HB5168 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Referred to Rules Committee [HB5168 Detail]

Download: Illinois-2009-HB5168-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5168 Introduced 2/1/2010, by Rep. Linda Chapa LaVia 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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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Virtual School Act.
Section 5. Policy and purposes. The General Assembly
hereby finds and declares that meeting the educational needs of
children in our State's schools is of the greatest importance
to the future welfare of this State; closing the achievement
gap between high-performing students, including the gap
between minority and non-minority students and between
economically disadvantaged students and their more advantaged
peers, is a significant and present challenge; and providing a
broader range of educational options to parents and utilizing
existing resources, along with technology, may help students in
our State improve their academic achievement. In recognition of
these needs, this Act creates the Illinois Virtual School, a
statewide virtual school, to ensure equitable access to rich
and varied learning opportunities for Illinois students, with
an emphasis on curricular areas needed to ensure that all
students can meet the Illinois Learning Standards and succeed
in higher education and the workplace; support schools in the
integration of online learning technology into their own

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educational programs; and expand high-quality professional
development opportunities for Illinois teachers and other
educators.
The primary purposes of the Illinois Virtual School shall
be the following:
(1) to offer to all students in this State in grades
kindergarten through 12 rigorous online courses aligned to
State and national standards and taught by highly qualified
online instructors to supplement and complement the
educational opportunities available in the students'
current educational setting;
(2) to provide to schools in this State access to the
same online courses along with professional development
for the schools' faculty so that the local school may
provide online learning options taught by their own
faculty; and
(3) to provide online professional development
opportunities for Illinois teachers and other educators to
assist in meeting re-certification requirements.
Section 10. Creation and funding. There is hereby created
the Illinois Virtual School, a statewide virtual school to
serve Illinois students in kindergarten through grade 12 and
Illinois teachers and other educators, funded through an annual
State appropriation to meet the operation and capital needs of
the Illinois Virtual School. Fees may be charged to schools and

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home-schooled families on a per enrollment basis to cover costs
directly associated with the offering of online courses and the
providing of online curriculum to Illinois schools. The
Illinois Virtual School may also charge fees for services
provided to students and schools outside of this State in order
to further support the services provided to Illinois students
and educators.
In order to be eligible for State appropriations, the
Illinois Virtual School shall submit to the State Board of
Education not later than the 1st day of October of each year
its budget proposal for the operation and capital needs of the
Illinois Virtual School for its next fiscal year.
Section 15. Accountability. The operations of the Illinois
Virtual School must be audited on an annual basis by the Office
of the Auditor General. The Illinois Virtual School shall
prepare an annual report to be submitted to the General
Assembly and the Governor regarding the Illinois Virtual
School's accomplishments. An external program evaluation must
be conducted by an organization with knowledge and expertise in
online learning at least every 3 years.
Section 20. Online courses.
(a) In accordance with the first purpose of the Illinois
Virtual School in Section 5 of this Act, the Illinois Virtual
School is authorized to offer online courses to all students in

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grades kindergarten through 12.
(b) The Illinois Virtual School shall have the following
responsibilities:
(1) The curriculum must be aligned to State or national
learning standards.
(2) The courses must be delivered by certified teachers
that meet applicable highly qualified criteria under the
federal No Child Left Behind Act of 2001 and have knowledge
and skills specific to teaching online. These teachers may
be considered by the students' school as the teacher of
record.
(3) The Illinois Virtual School must provide support
and training to staff at the students' school with respect
to their participation in online courses.
(4) Upon completion of a course, the Illinois Virtual
School must provide a report to the students' school
regarding the students' academic performance based upon
his or her demonstrated level of mastery of the subject
matter.
(c) The local school shall have the following
responsibilities:
(1) To make the determination if a student is approved
to enroll in an Illinois Virtual School course. The school
may not deny a student participation in an Illinois Virtual
School course if the course is an appropriate part of the
student's course of instruction and the school is unable to

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provide the course locally by a certified instructor.
(2) When the student is at the school building, to
provide supervision of the student during periods of time
the student is assigned to work on his or her Illinois
Virtual School course.
(3) When requested by the Illinois Virtual School
instructor, to proctor a student's participation in
Illinois Virtual School activities or assessments.
(4) If the course is designated by the Illinois Virtual
School as covering the equivalent of at least one semester
of course content, based on the report of the student's
academic performance upon the completion of the course, to
issue a final grade consistent with local school policy and
place the course on the student's permanent record or
academic transcript.
(5) To provide payment to the Illinois Virtual School
for applicable enrollment fees.
(d) If a student is home schooled, the student's parent or
legal guardian has the responsibility to do the following:
(1) Make the determination if the student is approved
to enroll in an Illinois Virtual School course.
(2) Make sure the student's Illinois Virtual School
course is supervised by a responsible adult.
(3) When requested by the Illinois Virtual School
instructor, proctor the student's participation in
Illinois Virtual School activities or assessments.

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(4) Provide payment to the Illinois Virtual School for
the applicable enrollment fees.
(e) The Illinois Virtual School may not issue credit or
diplomas except in the following situations:
(1) The student is home schooled.
(2) The student left school without earning a diploma
and his or her class had graduated.
(3) Upon the request of the school district in which
the student resides.
Section 25. Access and equity. The Illinois Virtual School
is established to increase the access and equity of diverse and
rigorous curricular offerings to all students in this State. As
such, the Illinois Virtual School shall establish policies and
practices that are explicitly intended to serve those students
not currently receiving access to such offerings.
Section 30. Board of Trustees. The Illinois Virtual School
shall be governed by a Board of Trustees, which shall consist
of the following members:
(1) Four representatives of kindergarten through grade
12 education, appointed by the State Superintendent of
Education.
(2) Three representatives of higher education, 2 of
whom are appointed by the Executive Director of the Board
of Higher Education and the other appointed by the

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Executive Director of the Illinois Community College
Board.
(3) Two representatives of the Illinois business
community, appointed by the Governor.
(4) Two representatives of the public at large
appointed by the Governor.
(5) Four ex-officio nonvoting members, who shall be the
State Superintendent of Education or his or her designee,
the Executive Director of the Illinois Community College
Board or his or her designee, the Executive Director of the
Board of Higher Education or his or her designee, and the
President of the Illinois Mathematics and Science Academy
or his or her designee.
With the exception of the initial appointments, the
members' terms of office shall be for 6 years. At the first
meeting of the Board, members shall draw lots for appointments
of 2, 4, or 6-year initial terms. Vacancies shall be filled for
the unexpired portion of the terms by appointment of the person
who appointed the member causing such vacancy. The initial
terms shall commence upon appointment and end upon expiration
of the term. A member shall continue serving until a successor
is appointed. The Board shall select a chairperson from among
its members who shall serve a 2-year term as chairperson.
Members shall receive no salary, but shall be reimbursed for
all ordinary and necessary expenses incurred in performing
their duties as members of the Board.

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Section 35. Powers of the Board. The Board of Trustees is
hereby authorized to do the following:
(1) Select a President, who shall be the chief
executive officer of the Illinois Virtual School and who
shall administer the rules and policies adopted by the
Board pursuant to this Section. The President shall also be
the chief administrative officer of the Board and shall be
responsible for all of the administrative functions,
duties, and needs of the Board. The President may not be a
member of the Board.
(2) Accept donations, bequests, or other forms of
financial assistance for educational purposes from any
public or private person or agency and comply with rules
and regulations governing grants from the federal
government or from any other person or agency that are not
in contravention of the Illinois Constitution or the laws
of the State of Illinois.
(3) Purchase equipment and make improvements to
facilities necessary for the use of the Illinois Virtual
School, in accordance with applicable law.
(4) Adopt, amend, or repeal rules and policies
necessary or proper for the conduct of the business of the
Board and for the efficient operation of the Illinois
Virtual School.
(5) Award certificates and issue diplomas for

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successful completion of program of study requirements in
such cases where the Illinois Virtual School is authorized
to issue credit and diplomas.
(6) Adopt an annual budget, recommended by the
President, for the continued operation of the Illinois
Virtual School.
(7) Enter into contracts and agreements that have been
recommended by the President, in accordance with
applicable law, and, to the extent that funds are
specifically appropriated, with other public agencies with
respect to cooperative enterprises and undertakings
related to or associated with an educational purpose or
program affecting education in the Illinois Virtual
School. This shall not preclude the Board from entering
into other contracts and agreements that it may deem
necessary to carry out its duties and functions.
The Board shall delegate to the President such of its
administrative powers and duties as it deems appropriate to aid
the President in the efficient administration of his or her
responsibility for the implementation of the policies of the
Board.
The Illinois Virtual School shall be empowered to lease or
purchase real and personal property on commercially reasonable
terms for the use of the Illinois Virtual School. Any leases or
purchases of real or personal property and any disposition
thereof by the Illinois Virtual School must be in compliance

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with the provisions of the Civil Administrative Code of
Illinois and the State Property Control Act. Personal property
acquired for the use of the Illinois Virtual School shall be
inventoried and disposed of in accordance with the State
Property Control Act.
The Illinois Virtual School, its Board of Trustees, and its
employees shall be represented and indemnified in certain civil
lawsuits in accordance with the State Employee Indemnification
Act.
Section 40. Transition from existing State Board of
Education program. The following shall apply in order to
provide an orderly transition from the current statewide online
program operated by the State Board of Education established
through policy action on August 24, 2000 or its successor
programs:
(1) In order to allow for the hiring of a President and
other staff to conduct activities to transition from the
current program to the Illinois Virtual School, the
Illinois Virtual School Board of Trustees shall be formed
no later than 60 days after the effective date of this Act.
(2) The State Board of Education's current statewide
online program shall continue to deliver courses through
the end of the 2010-2011 school year. The Illinois Virtual
School shall begin offering courses beginning with the
summer 2011 term.

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(3) All intellectual property that was developed by the
State Board of Education or its contractors and
subcontractors for the operation of the State Board of
Education's statewide online program shall be transferred
to the Illinois Virtual School.
(4) At the request of the Illinois Virtual School, any
physical property owned by the State Board of Education or
its contractors that is being used for the operation of the
State Board of Education's statewide online program shall
be transferred to the Illinois Virtual School.
(5) At the discretion of the Illinois Virtual School,
in lieu of a competitive bid process required by State law,
any contract or sub-contract established by the State Board
of Education for operation of its statewide online program
may be transferred to the Illinois Virtual School for a
period of no longer than 3 years.
(6) The Illinois Virtual School shall receive an
appropriation for the fiscal year beginning July 1, 2010 to
conduct transition activities and begin offering courses
for the summer 2011 term.
(7) For the fiscal year beginning July 1, 2011, the
Illinois Virtual School shall submit its budget request to
the State Board of Education within 120 days after the
formation of the Illinois Virtual School Board of Trustees.
Section 99. Effective date. This Act takes effect upon
becoming law.