Public Act 0012 104TH GENERAL ASSEMBLY

HB2967 Enrolled LRB104 10336 LNS 20410 b

Public Act 104-0012

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Dual Credit Quality Act is amended by changing Sections 5, 10, 15, 16, 17, 20, and 25 and by adding Sections 16.10, 19.5, 22, 45, and 50 as follows:

(110 ILCS 27/5)

Sec. 5. Definitions. In this Act:

"Dual credit course" means a college course taken by a high school student for credit at both the college and high school level.

"Postsecondary institution" "Institution" means an "institution of higher learning" as defined in the Higher Education Student Assistance Act.

(Source: P.A. 96-194, eff. 1-1-10.)

(110 ILCS 27/10)

Sec. 10. Purpose. The purpose of this Act is to accomplish all of the following:

(1) To reduce college costs.

(2) To speed time to degree completion.

(3) To improve the curriculum for high school students and the alignment of the curriculum with college and workplace expectations.

(4) To facilitate the transition between high school and college.

(5) To enhance communication and collaboration between high schools and colleges, which leads to the establishment of strong local partnerships that seek to expand opportunities for students.

(6) To offer opportunities for improving degree attainment for underserved student populations and provide meaningful educational opportunities that support student success and ensure dual credit is used as a strategic tool for closing opportunity gaps by increasing postsecondary completion.

(Source: P.A. 96-194, eff. 1-1-10.)

(110 ILCS 27/15)

Sec. 15. Student academic standing. Postsecondary institutions Institutions may adopt policies to protect the academic standing of students who are not successful in dual credit courses, including, but not limited to, options for (i) late withdrawal from a course, or (ii) taking the course on a pass-fail basis, or both. All institutional policies relating to the academic standing of students enrolled in dual credit courses or the transfer of credit for dual credit courses must be made publicly available by the postsecondary institution and provided to each student enrolled in dual credit courses offered by that postsecondary institution.

(Source: P.A. 100-1049, eff. 1-1-19.)

(110 ILCS 27/16)

Sec. 16. High school and community college partnership agreements; dual credit.

(a) A community college district shall, upon the written request of a school district within the jurisdiction of the community college district, enter into a partnership agreement with the school district to offer dual credit coursework.

The school district and community college district must designate a liaison and begin negotiations to reach a partnership agreement no later than 60 calendar days after the initial request.

A school district may offer any course identified in the Illinois Articulation Initiative General Education Core Curriculum package under the Illinois Articulation Initiative Act as a dual credit course on the campus of a high school of the school district and may use a high school instructor who has met the academic credential requirements under this Act to teach the dual credit course.

(b) The partnership agreement shall include all of the following:

(1) The establishment of the school district's and the community college district's respective roles and responsibilities in providing the program and ensuring the quality and instructional rigor of the program. This must include an assurance that the community college district has appropriate academic control of the curriculum, consistent with any State or federal law and as required or negotiated with the Higher Learning Commission or other applicable accrediting agency.

(2) The dual credit courses that the school district will offer its students and whether those courses will be offered on the high school or community college campus or through an online (hybrid or virtual) platform established by the Illinois Community College Board.

(3) The establishment of academic criteria for granting eligibility for high school students to enroll in dual credit coursework. The academic criteria shall be evidence-based and shall include multiple appropriate measures to determine whether a student is prepared for any dual credit coursework in which the student enrolls.

(4) The establishment of any limitations that the school district or community college district may put on course offerings due to availability of instructors, the availability of students for specific course offerings, or local board policy.

(5) The requirement that the dual credit instructor meet the academic credential requirements to teach a dual credit course, consistent with paragraphs (1), (2), (2.5), and (3) of Section 20 of this Act, but shall not be required to exceed those minimum credentials.

(6) The collaborative process and criteria by which the school district shall identify and recommend and the community college district shall review and approve high school instructors of dual credit courses taught on the campus of a high school. This provision shall require that the school district be responsible for hiring and compensating the instructor.

(7) The requirement that a community college district take the appropriate steps to ensure that dual credit courses are equivalent to those courses offered at the community college in quality and rigor to qualify for college credit. The dual credit programs shall encompass the following characteristics:

(A) Student learning outcomes expected for dual credit courses in General Education Core Curriculum courses and the professional and career and technical disciplines shall be the same as the student learning outcomes expected for the same courses taught on the postsecondary campus.

(B) Course content, course delivery, and course rigor shall be evaluated by the community college chief academic officer or his or her designee, in consultation with the school district's superintendent or his or her designee. The evaluation shall be conducted in a manner that is consistent with the community college district's review and evaluation policy and procedures for on-campus adjunct faculty, including visits to the secondary class. This evaluation shall be limited to the course and the ability of the instructor to deliver quality, rigorous college credit coursework. This evaluation shall not impact the instructor's performance evaluation under Article 24A of the School Code. This evaluation shall be completed within the same school year that the course is taught.

(C) The academic supports and, if applicable, guidance that will be provided to students participating in the program by the high school and the community college district.

(8) Identify all fees and costs to be assessed by the community college district for dual credit courses. This provision shall require that any fees and costs assessed for dual credit courses shall be reasonable and promote student access to those courses, and may take into account regional considerations and differences.

(8.5) The collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course. Through this process and criteria, the student shall have access to the supplementary aids and accommodations included in the student's individualized education program under Article 14 of the School Code or Section 504 plan under the federal Rehabilitation Act of 1973 while the student is accessing a dual credit course on a high school campus, in accordance with established practices at the high school for providing these services. A student who accesses a dual credit course on a community college campus shall have access to supplementary aids and accommodations provided in the partnership agreement, including access to the community college's disability services. A school district and community college district shall work together to provide seamless communication about the student's eligibility for disability services and dual credit course progress.

(9) The community college district shall establish a mechanism for evaluating and documenting on a regular basis the performance of students who complete dual credit courses, consistent with paragraph (9) of Section 20 and Section 30 of this Act, and for sharing that data in a meaningful and timely manner with the school district. This evaluation shall be limited to the course and the coursework. This evaluation shall not impact the instructor's performance evaluation under Article 24A of the School Code.

(10) The expectations for maintaining the rigor of dual credit courses that are taught at the high school and including students not deemed ready for college-level coursework according to the standards of the community college.

(11) A requirement that the school district and community college annually assess disaggregated data pertaining to dual credit course enrollments, completions, and subsequent postsecondary enrollment and performance to the extent feasible. If applicable, this assessment shall include an analysis of dual credit courses with credit sections for dual credit and for high school credit only pursuant to subsection (a) of Section 16.5 that reviews student characteristics by credit section in relation to gender, race and ethnicity, and low-income status.

If, within 180 calendar days of the school district's initial request to enter into a partnership agreement with the community college district, the school district and the community college district do not reach agreement on the partnership agreement, then the school district and community college district shall jointly implement the provisions of the Model Partnership Agreement established under Section 19 of this Act for which local agreement could not be reached. A community college district may combine its negotiations with multiple school districts to establish one multi-district partnership agreement or may negotiate individual partnership agreements at its discretion.

(Source: P.A. 102-516, eff. 8-20-21; 102-1077, eff. 1-1-23.)

(110 ILCS 27/16.10 new)

Sec. 16.10. Partnership agreement negotiations with liaison. Prior to offering dual credit coursework with any postsecondary institution other than a community college, a school district shall first negotiate with the designated liaison of the school district's local community college district to seek a partnership agreement with the community college district as provided in Section 16. After mutually agreeing that a partnership with the community college district is not feasible, the school district may enter into a partnership agreement with an alternative postsecondary institution that addresses each item listed in subsection (b) of Section 16.

(110 ILCS 27/17)

Sec. 17. Out-of-state dual credit contracts. On or after the effective date of this amendatory Act of the 100th General Assembly, a school district may not enter into a new contract with an out-of-state postsecondary institution to provide a dual credit course without first offering the community college district in the district in which the school district is located the opportunity to provide the course. Prior to entering into a contract with an out-of-state postsecondary institution, the school district shall notify the Illinois Community College Board Board of Higher Education of its intent to enter into an agreement with an out-of-state postsecondary institution. The Illinois Community College Board Board of Higher Education shall have 30 days to provide the school district with a list of in-state postsecondary institutions that can provide the school district an equivalent dual credit opportunity. The school district may not enter into a contract with an out-of-state postsecondary institution on or after the effective date of this amendatory Act of the 104th General Assembly until the school district has demonstrated to the Illinois Community College Board that the school district has taken appropriate steps to consider the listing of in-state postsecondary institutions and provides a rationale as to why the course can be provided only by an out-of-state postsecondary institution; however, this limitation does not apply to a contract that was entered into prior to the effective date of this amendatory Act of the 104th General Assembly. In deciding which dual credit courses to offer, a school district reserves the right to evaluate any dual credit course offered by any postsecondary institution for quality, rigor, and alignment with the school district's students' needs.

Agreements to provide dual credit courses between a school district and an out-of-state postsecondary institution in existence on the effective date of this amendatory Act of the 100th General Assembly shall remain in effect and shall not be impacted by this Section.

(Source: P.A. 100-1049, eff. 1-1-19.)

(110 ILCS 27/19.5 new)

Sec. 19.5. Dual Credit Committee.

(a) Because postsecondary institutions and school districts are equally committed to the success of all students involved in dual credit and to ensure the equity and quality of the student experience that leads to college completion and increased economic mobility, a standing Dual Credit Committee involving collaboration between the Illinois Community College Board and the State Board of Education is created and shall consist of: the State Superintendent of Education or the Superintendent's designee; 10 members appointed by the State Superintendent, including one representative from a statewide professional teachers' organization and one representative from a different statewide professional teachers' organization; the Executive Director of the Illinois Community College Board or the Executive Director's designee; and 10 members appointed by the Executive Director of the Illinois Community College Board, including one member who is a community college faculty member who is a representative of a statewide professional teachers' organization and one member who is a community college faculty member who is a representative from a different statewide professional teachers' organization. The Executive Director of the Board of Higher Education or the Executive Director's designee shall serve as an ex-officio member.

(b) The Illinois Community College Board shall provide administrative support to the Committee.

(c) The Committee shall meet within 60 days after the effective date of this amendatory Act of the 104th General Assembly and subsequently shall meet at least annually to focus on approving accessibility, quality, and alignment of dual credit programs to meet the needs of students. The Committee may consider and develop updates to the Model Partnership Agreement and associated exhibits.

(110 ILCS 27/20)

Sec. 20. Standards. All postsecondary institutions offering dual credit courses shall meet the following standards:

(1) High school instructors teaching credit-bearing college-level courses for dual credit must meet any of the academic credential requirements set forth in this paragraph or paragraph (2), (2.5), or (3) of this Section and need not meet higher certification requirements or those set out in Article 21B of the School Code:

(A) Approved instructors of dual credit courses shall meet any of the faculty credential standards allowed by the Higher Learning Commission to determine minimally qualified faculty. At the request of an instructor, an instructor who meets these credential standards shall be provided by the State Board of Education with a Dual Credit Endorsement, to be placed on the professional educator license, as established by the State Board of Education and as authorized under Article 21B of the School Code and promulgated through administrative rule in cooperation with the Illinois Community College Board and the Board of Higher Education. The academic credentials required to be a fully qualified instructor shall include either (i) a master's degree in the discipline to be taught or (ii) a master's degree in any other discipline and a minimum of, but not more than, 18 graduate hours in the discipline to be taught.

(B) An instructor who does not meet the faculty credential standards allowed by the Higher Learning Commission to determine minimally qualified faculty may teach dual credit courses if the instructor has a professional development plan, approved by the postsecondary institution and shared with the State Board of Education no later than January 1, 2025, to raise his or her credentials to be in line with the credentials under subparagraph (A) of this paragraph (1). The postsecondary institution shall have 30 days to review the plan and approve an instructor professional development plan that is in line with the credentials set forth in paragraph (2) or (2.5) of this Section. The postsecondary institution shall not unreasonably withhold approval of a professional development plan. These approvals shall be good for as long as satisfactory progress toward the completion of the credential is demonstrated, but in no event shall a professional development plan be in effect for more than 3 years from the date of its approval or after January 1, 2028, whichever is sooner. A high school instructor whose professional development plan is not approved by the postsecondary institution may appeal to the Illinois Community College Board or the Board of Higher Education, as appropriate.

(C) The Illinois Community College Board and Board of Higher Education shall report yearly on their Internet websites the following:

(i) the number of teachers presently enrolled in an approved professional development plan under this Section;

(ii) the number of instructors who successfully completed an approved professional development plan;

(iii) the number of instructors who did not successfully complete an approved professional development plan after 3 years;

(iv) a breakdown of the information in subdivisions (i), (ii), and (iii) of this subparagraph (C) by subject area; and

(v) a summary, by community college district, of professional development plans that are in progress, that were successfully completed, or that have expired.

The State Board of Education shall provide the Illinois Community College Board and Board of Higher Education with any information necessary to complete the reporting required under this subparagraph (C).

(2) For a high school instructor entering into a professional development plan prior to January 1, 2023, the high school instructor shall qualify for a professional development plan if the instructor:

(A) has a master's degree in any discipline and has earned 9 graduate hours in a discipline in which he or she is currently teaching or expects to teach; or

(B) has a bachelor's degree with a minimum of 18 graduate hours in a discipline that he or she is currently teaching or expects to teach and is enrolled in a discipline-specific master's degree program; and

(C) agrees to demonstrate his or her progress toward completion to the supervising postsecondary institution, as outlined in the professional development plan.

(2.5) For a high school instructor entering into a professional development plan on or after January 1, 2023, the high school instructor shall qualify for a professional development plan if the instructor:

(A) has a master's degree in any discipline, has earned 9 graduate hours in a discipline in which he or she currently teaches or expects to teach, and agrees to demonstrate his or her progress toward completion to the supervising postsecondary institution, as outlined in the professional development plan; or

(B) is a fully licensed instructor in career and technical education who is halfway toward meeting the postsecondary institution's requirements for faculty in the discipline to be taught and agrees to demonstrate his or her progress toward completion to the supervising postsecondary institution, as outlined in the professional development plan.

(3) An instructor in career and technical education courses must possess the credentials and demonstrated teaching competencies appropriate to the field of instruction.

(4) Course content must be equivalent to credit-bearing college-level courses offered at the community college.

(5) Learning outcomes must be the same as credit-bearing college-level courses and be appropriately measured.

(6) A high school instructor is expected to participate in any orientation developed by the postsecondary institution for dual credit instructors in course curriculum, assessment methods, and administrative requirements.

(7) Dual credit instructors must be given the opportunity to participate in all activities available to other adjunct faculty, including professional development, seminars, site visits, and internal communication, provided that such opportunities do not interfere with an instructor's regular teaching duties.

(8) Every dual credit course must be reviewed annually by faculty through the appropriate department to ensure consistency with campus courses.

(9) Dual credit students must be assessed using methods consistent with students in traditional credit-bearing college courses.

(10) Within 15 days after entering into or renewing a partnership agreement, the postsecondary institution shall notify its faculty of the agreement, including access to copies of the agreement if requested.

(Source: P.A. 102-558, eff. 8-20-21; 102-1077, eff. 1-1-23; 103-154, eff. 6-30-23.)

(110 ILCS 27/22 new)

Sec. 22. Notification of disapproval or withdrawal; appeal. A community college district with an established partnership agreement with a school district has 30 calendar days from the initial course request to notify the school district of the community college district's disapproval of the course request, instructor, or course documentation or the community college district's withdrawal of course or instructor approval. Thereafter, the school district may appeal the disapproval or withdrawal to the Executive Director of the Illinois Community College Board within 14 calendar days after the notice is received. The Executive Director of the Illinois Community College Board shall render a decision within 45 calendar days after the appeal is filed and provide notice of the Executive Director's decision to the community college district and school district. The decision of the Executive Director may be appealed to the Illinois Community College Board by either the community college district or the school district within 30 calendar days after the decision by submitting a written request for reconsideration of the decision to the Illinois Community College Board. If no appeal is received within 30 calendar days, the Executive Director's decision shall be final and binding. The community college district and school district may make both oral and written presentations to the Illinois Community College Board at the time the decision is reconsidered. The Illinois Community College Board's decision shall be final and binding.

(1) If the Illinois Community College Board finds in favor of the school district with respect to the course, instructor, or course documentation but the community college district elects not to offer the course or approve the instructor or course documentation, the school district may pursue an alternative postsecondary institution to provide that course and must notify the community college district within 14 calendar days after the Illinois Community College Board's decision with the school district's intent to do so, along with the reason for seeking an alternative postsecondary institution.

(2) If the Illinois Community College Board finds in favor of the community college district's decision to disapprove the school district's course request, instructor, or course documentation or the community college district's withdrawal of course or instructor approval, the school district may not approach an alternative postsecondary institution, including another community college district, with the same course or instructor proposal. The school district may not be prohibited from establishing a new partnership agreement with the community college district if the course request, instructor, or course documentation changes.

(110 ILCS 27/25)

Sec. 25. Oversight, review, and reporting.

(a) The Illinois Community College Board shall be responsible for oversight and review of dual credit programs offered jointly by public community colleges and high schools. The Illinois Community College Board shall implement a review process and criteria for evaluating dual credit program quality based upon the standards enumerated in Section 20 of this Act.

(b) The Board of Higher Education shall be responsible for oversight and review of dual credit programs offered jointly by high schools and postsecondary institutions, except for public community colleges as provided in subsection (a) of this Section. The Board of Higher Education shall develop and implement a review process based on the standards enumerated in Section 20 of this Act.

(c) Each postsecondary institution shall report annually to the appropriate agency, the Illinois Community College Board or the Board of Higher Education. The reports shall include, but not be limited to, the following data:

(1) Number and description of dual credit courses.

(2) Faculty teaching dual credit courses and their academic credentials.

(3) Enrollments in dual credit courses.

(4) Sites of dual credit offerings.

(d) Each postsecondary institution shall file an electronic copy of any dual credit agreement executed or amended on or after the effective date of this amendatory Act of the 104th General Assembly within 30 days after execution or amendment with the Board of Higher Education or Illinois Community College Board, as appropriate. The Illinois Community College Board shall publish all dual credit agreements between school districts and out-of-state or private postsecondary institutions on its website.

(Source: P.A. 96-194, eff. 1-1-10.)

(110 ILCS 27/45 new)

Sec. 45. State and federal law and administrative rule requirements. All postsecondary institutions and school districts shall ensure that dual credit courses, instructors, and course documentation meet requirements established by State and federal law and administrative rules adopted by State agencies and are aligned with the Higher Learning Commission or other applicable accreditation agencies.

(110 ILCS 27/50 new)

Sec. 50. Study. Five years after the effective date of this amendatory Act of the 104th General Assembly, the Illinois Community College Board shall conduct a study concerning the impact of the changes made by this amendatory Act of the 104th General Assembly, including, but not limited to, the impact on postsecondary enrollment, persistence, completion, quality, and access to dual credit in Illinois. The study shall include student demographics. The study shall be submitted to the General Assembly and the Governor by October 1, 2030 and published on the Illinois Community College Board's website.

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