Bill Text: IL SB1569 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the School Code. Provides that the duration of a Financial Oversight Panel may be continued for more than 10 years after the date of its creation if the State Board of Education extends the Panel's duration. Provides remote and blended remote learning requirements if the Governor has declared a disaster due to a public health emergency. Makes corresponding changes. With respect to the evidence-based funding formula, provides that an organizational unit that meets specified criteria shall have district intervention money added to its base funding minimum. Provides that all Professional Educator Licenses that expire on June 30, 2020 and have not been renewed by the end of the 2020 renewal period shall be extended for one year and shall expire on June 30, 2021. Provides that certain requirements are waived for an applicant seeking an educator license if the Governor has declared a public health emergency. Provides that any diploma conferred during the 2019-2020 school year under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not subject to challenge or review due to a failure to meet requirements. Makes changes concerning local school council elections in the Chicago school district. Makes other changes, including changes concerning property tax relief pool grants, criminal history records checks, children with disabilities, new teacher induction and mentoring, and educator licensure. Amends the Illinois Articulation Initiative Act. Provides that Illinois Articulation Initiative General Education courses taken during the public health emergency declared by proclamation of the Governor due to the COVID-19 pandemic during calendar year 2020 must be transferable for students receiving a grade of "pass", "credit", or "satisfactory" and shall fulfill the prerequisite requirements for advanced courses. Amends the Board of Higher Education Act. Subject to appropriation, requires the Board of Higher Education to award emergency completion grants and competitive grants for public university student support services. Amends the AIM HIGH Grant Pilot Program provisions of the Higher Education Student Assistance Act. With respect to the requirement that an applicant have a household income no greater than 6 times the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services, provides that the applicant's household income at the time of initial application shall be deemed to be the household income of the applicant for the duration of the pilot program. Effective immediately.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2020-06-18 - Public Act . . . . . . . . . 101-0643 [SB1569 Detail]
Download: Illinois-2019-SB1569-Chaptered.html
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Public Act 101-0643 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
1H-115, 2-3.64a-5, 2-3.71, 2-3.170, 10-19, 10-19.05, 10-20.56, | ||||
10-21.9, 14-8.02f, 14-8.02h, 17-2.11, 17-2A, 18-8.15, 21A-5, | ||||
21A-30, 21A-35, 21B-20, 21B-35, 21B-45, 21B-50, 24-11, 24-12, | ||||
24A-5, 27-3, 27-6.5, 27-8.1, 27-21, 27-22, 34-2.1, 34-2.2, | ||||
34-18.5, 34-85, and 34-85c and by adding Sections 10-30, | ||||
21B-110, 21B-115, 22-89, and 34-18.66 as follows:
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(105 ILCS 5/1H-115) | ||||
Sec. 1H-115. Abolition of Panel. | ||||
(a) Except as provided in subsections (b), (c), and (d) , | ||||
and (e) of this Section, the Panel shall be abolished 10 years | ||||
after its creation. | ||||
(b) The State Board, upon recommendation of the Panel or | ||||
petition of the school board, may abolish the Panel at any time | ||||
after the Panel has been in existence for 3 years if no | ||||
obligations of the Panel are outstanding or remain undefeased | ||||
and upon investigation and finding that: | ||||
(1) none of the factors specified in Section 1A-8 of | ||||
this Code remain applicable to the district; and | ||||
(2) there has been substantial achievement of the goals |
and objectives established pursuant to the financial plan | ||
and required under Section 1H-15 of this Code. | ||
(c) The Panel of a district that otherwise meets all of the | ||
requirements for abolition of a Panel under subsection (b) of | ||
this Section, except for the fact that there are outstanding | ||
financial obligations of the Panel, may petition the State | ||
Board for reinstatement of all of the school board's powers and | ||
duties assumed by the Panel; and if approved by the State | ||
Board, then: | ||
(1) the Panel shall continue in operation, but its | ||
powers and duties shall be limited to those necessary to | ||
manage and administer its outstanding obligations; | ||
(2) the school board shall once again begin exercising | ||
all of the powers and duties otherwise allowed by statute; | ||
and | ||
(3) the Panel shall be abolished as provided in | ||
subsection (a) of this Section. | ||
(d) If the Panel of a district otherwise meets all of the | ||
requirements for abolition of a Panel under subsection (b) of | ||
this Section, except for outstanding obligations of the Panel, | ||
then the district may petition the State Board for abolition of | ||
the Panel if the district: | ||
(1) establishes an irrevocable trust fund, the purpose | ||
of which is to provide moneys to defease the outstanding | ||
obligations of the Panel; and | ||
(2) issues funding bonds pursuant to the provisions of |
Sections 19-8 and 19-9 of this Code. | ||
A district with a Panel that falls under this subsection | ||
(d) shall be abolished as provided in subsection (a) of this | ||
Section.
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(e) The duration of a Panel may be continued for more than | ||
10 years after the date of its creation if the State Board | ||
extends the Panel's duration under paragraph (3) of subsection | ||
(e) of Section 18-8.15 of this Code. | ||
(Source: P.A. 97-429, eff. 8-16-11; 98-463, eff. 8-16-13.)
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(105 ILCS 5/2-3.64a-5) | ||
Sec. 2-3.64a-5. State goals and assessment. | ||
(a) For the assessment and accountability purposes of this | ||
Section, "students" includes those students enrolled in a | ||
public or State-operated elementary school, secondary school, | ||
or cooperative or joint agreement with a governing body or | ||
board of control, a charter school operating in compliance with | ||
the Charter Schools Law, a school operated by a regional office | ||
of education under Section 13A-3 of this Code, or a public | ||
school administered by a local public agency or the Department | ||
of Human Services. | ||
(b) The State Board of Education shall establish the | ||
academic standards that are to be applicable to students who | ||
are subject to State assessments under this Section. The State | ||
Board of Education shall not establish any such standards in | ||
final form without first providing opportunities for public |
participation and local input in the development of the final | ||
academic standards. Those opportunities shall include a | ||
well-publicized period of public comment and opportunities to | ||
file written comments. | ||
(c) Beginning no later than the 2014-2015 school year, the | ||
State Board of Education shall annually assess all students | ||
enrolled in grades 3 through 8 in English language arts and | ||
mathematics. | ||
Beginning no later than the 2017-2018 school year, the | ||
State Board of Education shall annually assess all students in | ||
science at one grade in grades 3 through 5, at one grade in | ||
grades 6 through 8, and at one grade in grades 9 through 12. | ||
The State Board of Education shall annually assess schools | ||
that operate a secondary education program, as defined in | ||
Section 22-22 of this Code, in English language arts and | ||
mathematics. The State Board of Education shall administer no | ||
more than 3 assessments, per student, of English language arts | ||
and mathematics for students in a secondary education program. | ||
One of these assessments shall be recognized by this State's | ||
public institutions of higher education, as defined in the | ||
Board of Higher Education Act, for the purpose of student | ||
application or admissions consideration. The assessment | ||
administered by the State Board of Education for the purpose of | ||
student application to or admissions consideration by | ||
institutions of higher education must be administered on a | ||
school day during regular student attendance hours. |
Students who do not take the State's final accountability | ||
assessment or its approved alternate assessment may not receive | ||
a regular high school diploma unless the student is exempted | ||
from taking the State assessments under subsection (d) of this | ||
Section because the student is enrolled in a program of adult | ||
and continuing education, as defined in the Adult Education | ||
Act, or the student is identified by the State Board of | ||
Education, through rules, as being exempt from the assessment. | ||
The State Board of Education shall not assess students | ||
under this Section in subjects not required by this Section. | ||
Districts shall inform their students of the timelines and | ||
procedures applicable to their participation in every yearly | ||
administration of the State assessments.
The State Board of | ||
Education shall establish periods of time in each school year | ||
during which State assessments shall occur to meet the | ||
objectives of this Section. | ||
The requirements of this subsection do not apply if the | ||
State Board of Education has received a waiver from the | ||
administration of assessments from the U.S. Department of | ||
Education. | ||
(d) Every individualized educational program as described | ||
in Article 14 shall identify if the State assessment or | ||
components thereof require accommodation for the student. The | ||
State Board of Education shall develop rules governing the | ||
administration of an alternate assessment that may be available | ||
to students for whom participation in this State's regular |
assessments is not appropriate, even with accommodations as | ||
allowed under this Section. | ||
Students receiving special education services whose | ||
individualized educational programs identify them as eligible | ||
for the alternative State assessments nevertheless shall have | ||
the option of also taking this State's regular final | ||
accountability assessment, which shall be administered in | ||
accordance with the eligible accommodations appropriate for | ||
meeting these students' respective needs. | ||
All students determined to be English learners shall | ||
participate in the State assessments. The scores of those | ||
students who have been enrolled in schools in the United States | ||
for less than 12 months may not be used for the purposes of | ||
accountability. Any student determined to be an English learner | ||
shall receive appropriate assessment accommodations, including | ||
language supports, which shall be established by rule. Approved | ||
assessment accommodations must be provided until the student's | ||
English language skills develop to the extent that the student | ||
is no longer considered to be an English learner, as | ||
demonstrated through a State-identified English language | ||
proficiency assessment. | ||
(e) The results or scores of each assessment taken under | ||
this Section shall be made available to the parents of each | ||
student. | ||
In each school year, the scores attained by a student on | ||
the final accountability assessment must be placed in the |
student's permanent record pursuant to rules that the State | ||
Board of Education shall adopt for that purpose in accordance | ||
with Section 3 of the Illinois School Student Records Act. In | ||
each school year, the scores attained by a student on the State | ||
assessments administered in grades 3 through 8 must be placed | ||
in the student's temporary record. | ||
(f) All schools shall administer the State's academic | ||
assessment of English language proficiency to all children | ||
determined to be English learners. | ||
(g) All schools in this State that are part of the sample | ||
drawn by the National Center for Education Statistics, in | ||
collaboration with their school districts and the State Board | ||
of Education, shall administer the academic assessments under | ||
the National Assessment of Educational Progress carried out | ||
under Section 411(b)(2) of the federal National Education | ||
Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary | ||
of Education pays the costs of administering the assessments. | ||
(h) (Blank). | ||
(i) For the purposes of this subsection (i), "academically | ||
based assessments" means assessments consisting of questions | ||
and answers that are measurable and quantifiable to measure the | ||
knowledge, skills, and ability of students in the subject | ||
matters covered by the assessments. All assessments | ||
administered pursuant to this Section must be academically | ||
based assessments. The scoring of academically based | ||
assessments shall be reliable, valid, and fair and shall meet |
the guidelines for assessment development and use prescribed by | ||
the American Psychological Association, the National Council | ||
on Measurement in Education, and the American Educational | ||
Research Association. | ||
The State Board of Education shall review the use of all | ||
assessment item types in order to ensure that they are valid | ||
and reliable indicators of student performance aligned to the | ||
learning standards being assessed and that the development, | ||
administration, and scoring of these item types are justifiable | ||
in terms of cost. | ||
(j) The State Superintendent of Education shall appoint a | ||
committee of no more than 21 members, consisting of parents, | ||
teachers, school administrators, school board members, | ||
assessment experts, regional superintendents of schools, and | ||
citizens, to review the State assessments administered by the | ||
State Board of Education. The Committee shall select one of its | ||
members as its chairperson. The Committee shall meet on an | ||
ongoing basis to review the content and design of the | ||
assessments (including whether the requirements of subsection | ||
(i) of this Section have been met), the time and money expended | ||
at the local and State levels to prepare for and administer the | ||
assessments, the collective results of the assessments as | ||
measured against the stated purpose of assessing student | ||
performance, and other issues involving the assessments | ||
identified by the Committee. The Committee shall make periodic | ||
recommendations to the State Superintendent of Education and |
the General Assembly concerning the assessments. | ||
(k) The State Board of Education may adopt rules to | ||
implement this Section.
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(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17; | ||
100-863, eff. 8-14-18; 100-1046, eff. 8-23-18.)
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(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
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Sec. 2-3.71. Grants for preschool educational programs. | ||
(a) Preschool program.
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(1) The State Board of Education shall implement and | ||
administer
a grant program under the provisions of this | ||
subsection which shall
consist of grants to public school | ||
districts and other eligible entities, as defined by the | ||
State Board of Education, to conduct voluntary
preschool
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educational programs for children ages 3 to 5 which include | ||
a parent
education component. A public school district | ||
which receives grants under
this subsection may | ||
subcontract with other entities that are eligible to | ||
conduct a preschool educational
program. These grants must | ||
be used to supplement, not supplant, funds received from | ||
any other source.
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(2) (Blank).
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(3) Except as otherwise provided under this subsection | ||
(a), any teacher of preschool children in the program | ||
authorized by this
subsection shall hold a Professional |
Educator License with an early childhood education | ||
endorsement. | ||
(3.5) Beginning with the 2018-2019 school year and | ||
until the 2023-2024 school year, an individual may teach | ||
preschool children in an early childhood program under this | ||
Section if he or she holds a Professional Educator License | ||
with an early childhood education endorsement or with | ||
short-term approval for early childhood education or he or | ||
she pursues a Professional Educator License and holds any | ||
of the following: | ||
(A) An ECE Credential Level of 5 awarded by the | ||
Department of Human Services under the Gateways to | ||
Opportunity Program developed under Section 10-70 of | ||
the Department of Human Services Act. | ||
(B) An Educator License with Stipulations with a | ||
transitional bilingual educator endorsement and he or | ||
she has (i) passed an early childhood education content | ||
test or (ii) completed no less than 9 semester hours of | ||
postsecondary coursework in the area of early | ||
childhood education.
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(4) (Blank).
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(4.5) The State Board of Education shall provide the | ||
primary source of
funding through appropriations for the | ||
program.
Such funds shall be distributed to achieve a goal | ||
of "Preschool for All Children" for the benefit
of all | ||
children whose families choose to participate in the |
program. Based on available appropriations, newly funded | ||
programs shall be selected through a process giving first | ||
priority to qualified programs serving primarily at-risk | ||
children and second priority to qualified programs serving | ||
primarily children with a family income of less than 4 | ||
times the poverty guidelines updated periodically in the | ||
Federal Register by the U.S. Department of Health and Human | ||
Services under the authority of 42 U.S.C. 9902(2). For | ||
purposes of this paragraph (4.5), at-risk children are | ||
those who because of their home and community environment | ||
are subject
to such language, cultural, economic and like | ||
disadvantages to cause them to have
been determined as a | ||
result of screening procedures to be at risk of
academic | ||
failure. Such screening procedures shall be based on | ||
criteria
established by the State Board of Education. | ||
Except as otherwise provided in this paragraph (4.5), | ||
grantees under the program must enter into a memorandum of | ||
understanding with the appropriate local Head Start | ||
agency. This memorandum must be entered into no later than | ||
3 months after the award of a grantee's grant under the | ||
program, except that, in the case of the 2009-2010 program | ||
year, the memorandum must be entered into no later than the | ||
deadline set by the State Board of Education for | ||
applications to participate in the program in fiscal year | ||
2011, and must address collaboration between the grantee's | ||
program and the local Head Start agency on certain issues, |
which shall include without limitation the following: | ||
(A) educational activities, curricular objectives, | ||
and instruction; | ||
(B) public information dissemination and access to | ||
programs for families contacting programs; | ||
(C) service areas; | ||
(D) selection priorities for eligible children to | ||
be served by programs; | ||
(E) maximizing the impact of federal and State | ||
funding to benefit young children; | ||
(F) staff training, including opportunities for | ||
joint staff training; | ||
(G) technical assistance; | ||
(H) communication and parent outreach for smooth | ||
transitions to kindergarten; | ||
(I) provision and use of facilities, | ||
transportation, and other program elements; | ||
(J) facilitating each program's fulfillment of its | ||
statutory and regulatory requirements; | ||
(K) improving local planning and collaboration; | ||
and | ||
(L) providing comprehensive services for the | ||
neediest Illinois children and families. | ||
If the appropriate local Head Start agency is unable or | ||
unwilling to enter into a memorandum of understanding as | ||
required under this paragraph (4.5), the memorandum of |
understanding requirement shall not apply and the grantee | ||
under the program must notify the State Board of Education | ||
in writing of the Head Start agency's inability or | ||
unwillingness. The State Board of Education shall compile | ||
all such written notices and make them available to the | ||
public. | ||
(5) The State Board of Education shall develop and | ||
provide
evaluation tools, including tests, that school | ||
districts and other eligible entities may use to
evaluate | ||
children for school readiness prior to age 5. The State | ||
Board of
Education shall require school districts and other | ||
eligible entities
to obtain consent from the parents
or | ||
guardians of children before any evaluations are | ||
conducted. The State
Board of Education shall encourage | ||
local school districts and other eligible entities to | ||
evaluate the
population of preschool children in their | ||
communities and provide preschool
programs, pursuant to | ||
this subsection, where appropriate.
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(6) The State Board of Education shall report to the | ||
General Assembly by November 1, 2018
and every
2 years | ||
thereafter on the results and progress of
students who were | ||
enrolled in preschool educational programs, including an
| ||
assessment of which programs have been most successful in | ||
promoting
academic excellence and alleviating academic | ||
failure. The State Board of
Education shall assess the | ||
academic progress of all students who have been
enrolled in |
preschool educational programs.
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On or before November 1 of each fiscal year in which | ||
the General Assembly provides funding for new programs | ||
under paragraph (4.5) of this Section, the State Board of | ||
Education shall report to the General Assembly on what | ||
percentage of new funding was provided to programs serving | ||
primarily at-risk children, what percentage of new funding | ||
was provided to programs serving primarily children with a | ||
family income of less than 4 times the federal poverty | ||
level, and what percentage of new funding was provided to | ||
other programs. | ||
(7) Due to evidence that expulsion practices in the | ||
preschool years are linked to poor child outcomes and are | ||
employed inconsistently across racial and gender groups, | ||
early childhood programs receiving State funds under this | ||
subsection (a) shall prohibit expulsions. Planned | ||
transitions to settings that are able to better meet a | ||
child's needs are not considered expulsion under this | ||
paragraph (7). | ||
(A) When persistent and serious challenging | ||
behaviors emerge, the early childhood program shall | ||
document steps taken to ensure that the child can | ||
participate safely in the program; including | ||
observations of initial and ongoing challenging | ||
behaviors, strategies for remediation and intervention | ||
plans to address the behaviors, and communication with |
the parent or legal guardian, including participation | ||
of the parent or legal guardian in planning and | ||
decision-making. | ||
(B) The early childhood program shall, with | ||
parental or legal guardian consent as required, | ||
utilize a range of community resources, if available | ||
and deemed necessary, including, but not limited to, | ||
developmental screenings, referrals to programs and | ||
services administered by a local educational agency or | ||
early intervention agency under Parts B and C of the | ||
federal Individual with Disabilities Education Act, | ||
and consultation with infant and early childhood | ||
mental health consultants and the child's health care | ||
provider. The program shall document attempts to | ||
engage these resources, including parent or legal | ||
guardian participation and consent attempted and | ||
obtained. Communication with the parent or legal | ||
guardian shall take place in a culturally and | ||
linguistically competent manner. | ||
(C) If there is documented evidence that all | ||
available interventions and supports recommended by a | ||
qualified professional have been exhausted and the | ||
program determines in its professional judgment that | ||
transitioning a child to another program is necessary | ||
for the well-being of the child or his or her peers and | ||
staff, with parent or legal guardian permission, both |
the current and pending programs shall create a | ||
transition plan designed to ensure continuity of | ||
services and the comprehensive development of the | ||
child. Communication with families shall occur in a | ||
culturally and linguistically competent manner. | ||
(D) Nothing in this paragraph (7) shall preclude a | ||
parent's or legal guardian's right to voluntarily | ||
withdraw his or her child from an early childhood | ||
program. Early childhood programs shall request and | ||
keep on file, when received, a written statement from | ||
the parent or legal guardian stating the reason for his | ||
or her decision to withdraw his or her child. | ||
(E) In the case of the determination of a serious | ||
safety threat to a child or others or in the case of | ||
behaviors listed in subsection (d) of Section 10-22.6 | ||
of this Code, the temporary removal of a child from | ||
attendance in group settings may be used. Temporary | ||
removal of a child from attendance in a group setting | ||
shall trigger the process detailed in subparagraphs | ||
(A), (B), and (C) of this paragraph (7), with the child | ||
placed back in a group setting as quickly as possible. | ||
(F) Early childhood programs may utilize and the | ||
State Board of Education, the Department of Human | ||
Services, and the Department of Children and Family | ||
Services shall recommend training, technical support, | ||
and professional development resources to improve the |
ability of teachers, administrators, program | ||
directors, and other staff to promote social-emotional | ||
development and behavioral health, to address | ||
challenging behaviors, and to understand trauma and | ||
trauma-informed care, cultural competence, family | ||
engagement with diverse populations, the impact of | ||
implicit bias on adult behavior, and the use of | ||
reflective practice techniques. Support shall include | ||
the availability of resources to contract with infant | ||
and early childhood mental health consultants. | ||
(G) Beginning on July 1, 2018, early childhood | ||
programs shall annually report to the State Board of | ||
Education, and, beginning in fiscal year 2020, the | ||
State Board of Education shall make available on a | ||
biennial basis, in an existing report, all of the | ||
following data for children from birth to age 5 who are | ||
served by the program: | ||
(i) Total number served over the course of the | ||
program year and the total number of children who | ||
left the program during the program year. | ||
(ii) Number of planned transitions to another | ||
program due to children's behavior, by children's | ||
race, gender, disability, language, class/group | ||
size, teacher-child ratio, and length of program | ||
day. | ||
(iii) Number of temporary removals of a child |
from attendance in group settings due to a serious | ||
safety threat under subparagraph (E) of this | ||
paragraph (7), by children's race, gender, | ||
disability, language, class/group size, | ||
teacher-child ratio, and length of program day. | ||
(iv) Hours of infant and early childhood | ||
mental health consultant contact with program | ||
leaders, staff, and families over the program | ||
year. | ||
(H) Changes to services for children with an | ||
individualized education program or individual family | ||
service plan shall be construed in a manner consistent | ||
with the federal Individuals with Disabilities | ||
Education Act. | ||
The State Board of Education, in consultation with the | ||
Governor's Office of Early Childhood Development and the | ||
Department of Children and Family Services, shall adopt | ||
rules to administer this paragraph (7). | ||
(b) (Blank).
| ||
(c) Notwithstanding any other provisions of this Section, | ||
grantees may serve children ages 0 to 12 of essential workers | ||
if the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. For the purposes of this subsection, | ||
essential workers include those outlined in Executive Order | ||
20-8 and school employees. The State Board of Education shall |
adopt rules to administer this subsection. | ||
(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18.)
| ||
(105 ILCS 5/2-3.170) | ||
Sec. 2-3.170. Property tax relief pool grants. | ||
(a) As used in this Section, | ||
"EAV" means equalized assessed valuation as defined under | ||
Section 18-8.15 of this Code. | ||
"Property tax multiplier" equals one minus the square of | ||
the school district's Local Capacity Percentage, as defined in | ||
Section 18-8.15 of this Code. | ||
"Local capacity percentage multiplier" means one minus the | ||
school district's Local Capacity Percentage, as defined in | ||
Section 18-8.15. | ||
"State Board" means the State Board of Education. | ||
(b) Subject to appropriation, the State Board shall provide | ||
grants to eligible school districts that provide tax relief to | ||
the school district's residents, which may be no greater than | ||
1% of EAV for a unit district, 0.69% of EAV for an elementary | ||
school district, or 0.31% of EAV for a high school district, as | ||
provided in this Section. | ||
(b-5) School districts may apply for property tax relief | ||
under this Section concurrently to setting their levy for the | ||
fiscal year. The intended relief may not be greater than 1% of | ||
the EAV for a unit district, 0.69% of the EAV for an elementary | ||
school district, or 0.31% of the EAV for a high school |
district, multiplied by the school district's local capacity | ||
percentage multiplier. The State Board shall process | ||
applications for relief, providing a grant to those districts | ||
with the highest operating tax rate, as determined by those | ||
districts with the highest percentage of the simple average | ||
operating tax rate of districts of the same type, either | ||
elementary, high school, or unit, first, in an amount equal to | ||
the intended relief multiplied by the property tax multiplier. | ||
The State Board shall provide grants to school districts in | ||
order of priority until the property tax relief pool is | ||
exhausted. If more school districts apply for relief under this | ||
subsection than there are funds available, the State Board must | ||
distribute the grants and prorate any remaining funds to the | ||
final school district that qualifies for grant relief. The | ||
abatement amount for that district must be equal to the grant | ||
amount divided by the property tax multiplier. | ||
If a school district receives the State Board's approval of | ||
a grant under this Section by March 1 of the fiscal year, the | ||
school district shall present a duly authorized and approved | ||
abatement resolution by March 30 of the fiscal year to the | ||
county clerk of each county in which the school files its levy, | ||
authorizing the county clerk to lower the school district's | ||
levy by the amount designated in its application to the State | ||
Board. When the preceding requisites are satisfied, the county | ||
clerk shall reduce the amount collected for the school district | ||
by the amount indicated in the school district's abatement |
resolution for that fiscal year. | ||
(c) (Blank). | ||
(d) School districts seeking grants under this Section | ||
shall apply to the State Board each year. All applications to | ||
the State Board for grants shall include the amount of the tax | ||
relief intended by the school district. | ||
(e) Each year, based on the most recent available data | ||
provided by school districts pursuant to Section 18-8.15 of | ||
this Code, the State Board shall calculate the order of | ||
priority for grant eligibility under subsection (b-5) and | ||
publish a list of the school districts eligible for relief. The | ||
State Board shall provide grants in the manner provided under | ||
subsection (b-5). | ||
(f) The State Board shall publish a final list of eligible | ||
grant recipients and provide payment of the grants by March 1 | ||
of each year. | ||
(g) If notice of eligibility from the State Board is | ||
received by a school district by March 1, then by March 30, the | ||
school district shall file an abatement of its property tax | ||
levy in an amount equal to the grant received under this | ||
Section divided by the property tax multiplier. Payment of all | ||
grant amounts shall be made by June 1 each fiscal year. The | ||
State Superintendent of Education shall establish the timeline | ||
in such cases in which notice cannot be made by March 1. | ||
(h) The total property tax relief allowable to a school | ||
district under this Section shall be calculated based on the |
total amount of reduction in the school district's aggregate | ||
extension. The total grant shall be equal to the reduction, | ||
multiplied by the property tax multiplier. The reduction shall | ||
be equal to 1% of a district's EAV for a unit school district, | ||
0.69% for an elementary school district, or 0.31% for a high | ||
school district, multiplied by the school district's local | ||
capacity percentage multiplier. | ||
(i) If the State Board does not expend all appropriations | ||
allocated pursuant to this Section, then any remaining funds | ||
shall be allocated pursuant to Section 18-8.15 of this Code. | ||
(j) The State Board shall prioritize payments under Section | ||
18-8.15 of this Code over payments under this Section, if | ||
necessary. | ||
(k) Any grants received by a school district shall be | ||
included in future calculations of that school district's Base | ||
Funding Minimum under Section 18-8.15 of this Code. Beginning | ||
with Fiscal Year 2020, if a school district receives a grant | ||
under this Section, the school district must present to the | ||
county clerk a duly authorized and approved abatement | ||
resolution by March 30 for the year in which the school | ||
district receives the grant and the successive fiscal year | ||
following the receipt of the grant, authorizing the county | ||
clerk to lower the school district's levy by the amount | ||
designated in its original application to the State Board. | ||
After receiving a resolution, the county clerk must reduce the | ||
amount collected for the school district by the amount |
indicated in the school district's abatement resolution for | ||
that fiscal year. If a school district does not abate in this | ||
amount for the successive fiscal year, the grant amount may not | ||
be included in the school district's Base Funding Minimum under | ||
Section 18-8.15 in the fiscal year following the tax year in | ||
which the abatement is not authorized and in any future fiscal | ||
year thereafter, and the county clerk must notify the State | ||
Board of the increase no later 30 days after it occurs. | ||
(l) In the immediate 2 consecutive tax years year following | ||
receipt of a Property Tax Pool Relief Grant, the aggregate | ||
extension base levy of any school district receiving a grant | ||
under this Section, for purposes of the Property Tax Extension | ||
Limitation Law, shall include the tax relief the school | ||
district provided in the previous taxable year under this | ||
Section.
| ||
(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18; | ||
100-863, eff. 8-14-18; 101-17, eff. 6-14-19.)
| ||
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| ||
Sec. 10-19. Length of school term - experimental programs. | ||
Each school
board shall annually prepare a calendar for the | ||
school term, specifying
the opening and closing dates and | ||
providing a minimum term of at least 185
days to insure 176 | ||
days of actual pupil attendance, computable under Section | ||
10-19.05, except that for the 1980-1981 school year only 175 | ||
days
of actual
pupil attendance shall be required because of |
the closing of schools pursuant
to Section 24-2 on January 29, | ||
1981 upon the appointment by the President
of that day as a day | ||
of thanksgiving for the freedom of the Americans who
had been | ||
held hostage in Iran. Any days allowed by law for teachers' | ||
institutes
but not used as such or used as parental institutes | ||
as provided
in Section 10-22.18d shall increase the minimum | ||
term by the school days not
so used. Except as provided in | ||
Section 10-19.1, the board may not extend
the school term | ||
beyond such closing date unless that extension of term is
| ||
necessary to provide the minimum number of computable days. In | ||
case of
such necessary extension school employees
shall be paid | ||
for such additional time on the basis of their regular
| ||
contracts. A school board may specify a closing date earlier | ||
than that
set on the annual calendar when the schools of the | ||
district have
provided the minimum number of computable days | ||
under this Section.
Nothing in this Section prevents the board | ||
from employing
superintendents of schools, principals and | ||
other nonteaching personnel
for a period of 12 months, or in | ||
the case of superintendents for a
period in accordance with | ||
Section 10-23.8, or prevents the board from
employing other | ||
personnel before or after the regular school term with
payment | ||
of salary proportionate to that received for comparable work
| ||
during the school term. Remote learning days, blended remote | ||
learning days, and up to 5 remote and blended remote learning | ||
planning days established under Section 10-30 or 34-18.66 shall | ||
be deemed pupil attendance days for calculation of the length |
of a school term under this Section.
| ||
A school board may make such changes in its calendar for | ||
the school term
as may be required by any changes in the legal | ||
school holidays prescribed
in Section 24-2. A school board may | ||
make changes in its calendar for the
school term as may be | ||
necessary to reflect the utilization of teachers'
institute | ||
days as parental institute days as provided in Section | ||
10-22.18d.
| ||
The calendar for the school term and any changes must be | ||
submitted to and approved by the regional superintendent of | ||
schools before the calendar or changes may take effect.
| ||
With the prior approval of the State Board of Education and | ||
subject
to review by the State Board of Education every 3 | ||
years, any school
board may, by resolution of its board and in | ||
agreement with affected
exclusive collective bargaining | ||
agents, establish experimental
educational programs, including | ||
but not limited to programs for e-learning days as authorized | ||
under Section 10-20.56 of this Code,
self-directed learning, or | ||
outside of formal class periods, which programs
when so | ||
approved shall be considered to comply with the requirements of
| ||
this Section as respects numbers of days of actual pupil | ||
attendance and
with the other requirements of this Act as | ||
respects courses of instruction.
| ||
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
| ||
(105 ILCS 5/10-19.05) |
Sec. 10-19.05. Daily pupil attendance calculation. | ||
(a) Except as otherwise provided in this Section, for a | ||
pupil of legal school age and in kindergarten or any of grades | ||
1 through 12, a day of attendance shall be counted only for | ||
sessions of not less than 5 clock hours of school work per day | ||
under direct supervision of (i) teachers or (ii) non-teaching | ||
personnel or volunteer personnel when engaging in non-teaching | ||
duties and supervising in those instances specified in | ||
subsection (a) of Section 10-22.34 and paragraph 10 of Section | ||
34-18. Days of attendance by pupils through verified | ||
participation in an e-learning program adopted by a school | ||
board and verified by the regional office of education or | ||
intermediate service center for the school district under | ||
Section 10-20.56 of this Code shall be considered as full days | ||
of attendance under this Section. | ||
(b) A pupil regularly enrolled in a public school for only | ||
a part of the school day may be counted on the basis of | ||
one-sixth of a school day for every class hour of instruction | ||
of 40 minutes or more attended pursuant to such enrollment, | ||
unless a pupil is enrolled in a block-schedule format of 80 | ||
minutes or more of instruction, in which case the pupil may be | ||
counted on the basis of the proportion of minutes of school | ||
work completed each day to the minimum number of minutes that | ||
school work is required to be held that day. | ||
(c) A session of 4 or more clock hours may be counted as a | ||
day of attendance upon certification by the regional |
superintendent of schools and approval by the State | ||
Superintendent of Education to the extent that the district has | ||
been forced to use daily multiple sessions. | ||
(d) A session of 3 or more clock hours may be counted as a | ||
day of attendance (1) when the remainder of the school day or | ||
at least 2 hours in the evening of that day is utilized for an | ||
in-service training program for teachers, up to a maximum of 10 | ||
days per school year, provided that a district conducts an | ||
in-service training program for teachers in accordance with | ||
Section 10-22.39 of this Code, or, in lieu of 4 such days, 2 | ||
full days may be used, in which event each such day may be | ||
counted as a day required for a legal school calendar pursuant | ||
to Section 10-19 of this Code; (2) when, of the 5 days allowed | ||
under item (1), a maximum of 4 days are used for parent-teacher | ||
conferences, or, in lieu of 4 such days, 2 full days are used, | ||
in which case each such day may be counted as a calendar day | ||
required under Section 10-19 of this Code, provided that the | ||
full-day, parent-teacher conference consists of (i) a minimum | ||
of 5 clock hours of parent-teacher conferences, (ii) both a | ||
minimum of 2 clock hours of parent-teacher conferences held in | ||
the evening following a full day of student attendance and a | ||
minimum of 3 clock hours of parent-teacher conferences held on | ||
the day immediately following evening parent-teacher | ||
conferences, or (iii) multiple parent-teacher conferences held | ||
in the evenings following full days of student attendance in | ||
which the time used for the parent-teacher conferences is |
equivalent to a minimum of 5 clock hours; and (3) when days in | ||
addition to those provided in items (1) and (2) are scheduled | ||
by a school pursuant to its school improvement plan adopted | ||
under Article 34 or its revised or amended school improvement | ||
plan adopted under Article 2, provided that (i) such sessions | ||
of 3 or more clock hours are scheduled to occur at regular | ||
intervals, (ii) the remainder of the school days in which such | ||
sessions occur are utilized for in-service training programs or | ||
other staff development activities for teachers, and (iii) a | ||
sufficient number of minutes of school work under the direct | ||
supervision of teachers are added to the school days between | ||
such regularly scheduled sessions to accumulate not less than | ||
the number of minutes by which such sessions of 3 or more clock | ||
hours fall short of 5 clock hours. Days scheduled for | ||
in-service training programs, staff development activities, or | ||
parent-teacher conferences may be scheduled separately for | ||
different grade levels and different attendance centers of the | ||
district. | ||
(e) A session of not less than one clock hour of teaching | ||
hospitalized or homebound pupils on-site or by telephone to the | ||
classroom may be counted as a half day of attendance; however, | ||
these pupils must receive 4 or more clock hours of instruction | ||
to be counted for a full day of attendance. | ||
(f) A session of at least 4 clock hours may be counted as a | ||
day of attendance for first grade pupils and pupils in full-day | ||
kindergartens, and a session of 2 or more hours may be counted |
as a half day of attendance by pupils in kindergartens that | ||
provide only half days of attendance. | ||
(g) For children with disabilities who are below the age of | ||
6 years and who cannot attend 2 or more clock hours because of | ||
their disability or immaturity, a session of not less than one | ||
clock hour may be counted as a half day of attendance; however, | ||
for such children whose educational needs require a session of | ||
4 or more clock hours, a session of at least 4 clock hours may | ||
be counted as a full day of attendance. | ||
(h) A recognized kindergarten that provides for only a half | ||
day of attendance by each pupil shall not have more than one | ||
half day of attendance counted in any one day. However, | ||
kindergartens may count 2 and a half days of attendance in any | ||
5 consecutive school days. When a pupil attends such a | ||
kindergarten for 2 half days on any one school day, the pupil | ||
shall have the following day as a day absent from school, | ||
unless the school district obtains permission in writing from | ||
the State Superintendent of Education. Attendance at | ||
kindergartens that provide for a full day of attendance by each | ||
pupil shall be counted the same as attendance by first grade | ||
pupils. Only the first year of attendance in one kindergarten | ||
shall be counted, except in the case of children who entered | ||
the kindergarten in their fifth year whose educational | ||
development requires a second year of kindergarten as | ||
determined under rules of the State Board of Education. | ||
(i) On the days when the State's final accountability |
assessment is administered under subsection (c) of Section | ||
2-3.64a-5 of this Code, the day of attendance for a pupil whose | ||
school day must be shortened to accommodate required testing | ||
procedures may be less than 5 clock hours and shall be counted | ||
toward the 176 days of actual pupil attendance required under | ||
Section 10-19 of this Code, provided that a sufficient number | ||
of minutes of school work in excess of 5 clock hours are first | ||
completed on other school days to compensate for the loss of | ||
school work on the examination days. | ||
(j) Pupils enrolled in a remote educational program | ||
established under Section 10-29 of this Code may be counted on | ||
the basis of a one-fifth day of attendance for every clock hour | ||
of instruction attended in the remote educational program, | ||
provided that, in any month, the school district may not claim | ||
for a student enrolled in a remote educational program more | ||
days of attendance than the maximum number of days of | ||
attendance the district can claim (i) for students enrolled in | ||
a building holding year-round classes if the student is | ||
classified as participating in the remote educational program | ||
on a year-round schedule or (ii) for students enrolled in a | ||
building not holding year-round classes if the student is not | ||
classified as participating in the remote educational program | ||
on a year-round schedule. | ||
(j-5) The clock hour requirements of subsections (a) | ||
through (j) of this Section do not apply if the Governor has | ||
declared a disaster due to a public health emergency pursuant |
to Section 7 of the Illinois Emergency Management Agency Act. | ||
The State Superintendent of Education may establish minimum | ||
clock hour requirements under Sections 10-30 and 34-18.66 if | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. | ||
(k) Pupil participation in any of the following activities | ||
shall be counted toward the calculation of clock hours of | ||
school work per day: | ||
(1) Instruction in a college course in which a student | ||
is dually enrolled for both high school credit and college | ||
credit. | ||
(2) Participation in a Supervised Career Development | ||
Experience, as defined in Section 10 of the Postsecondary | ||
and Workforce Readiness Act, in which student | ||
participation and learning outcomes are supervised by an | ||
educator licensed under Article 21B. | ||
(3) Participation in a youth apprenticeship, as | ||
jointly defined in rules of the State Board of Education | ||
and Department of Commerce and Economic Opportunity, in | ||
which student participation and outcomes are supervised by | ||
an educator licensed under Article 21B. | ||
(4) Participation in a blended learning program | ||
approved by the school district in which course content, | ||
student evaluation, and instructional methods are | ||
supervised by an educator licensed under Article 21B.
|
(Source: P.A. 101-12, eff. 7-1-19.)
| ||
(105 ILCS 5/10-20.56) | ||
Sec. 10-20.56. E-learning days. | ||
(a) The State Board of Education shall establish and | ||
maintain, for implementation in school districts, a program for | ||
use of electronic-learning (e-learning) days, as described in | ||
this
Section. School districts may utilize a program approved | ||
under this Section for use during remote learning days and | ||
blended remote learning days under Section 10-30 or 34-18.66. | ||
(b) The school board of a school district may, by | ||
resolution, adopt a research-based program or
research-based | ||
programs for e-learning days district-wide that shall permit | ||
student instruction to be received electronically while | ||
students are not physically present in lieu of the district's | ||
scheduled emergency days as required by Section 10-19 of this | ||
Code. The research-based program or programs may not exceed the | ||
minimum number of emergency days in the approved school | ||
calendar and must be verified by the regional office of | ||
education or intermediate service center for the school | ||
district on or before September 1st annually to ensure access | ||
for all students. The regional office of education or | ||
intermediate service center shall ensure that the specific | ||
needs of all students are met, including special education | ||
students and English learners, and that all mandates are still | ||
met using the proposed research-based program. The e-learning |
program may utilize the Internet, telephones, texts, chat | ||
rooms, or other similar means of electronic communication for | ||
instruction and interaction between teachers and students that | ||
meet the needs of all
learners. The e-learning program shall | ||
address the school district's responsibility to ensure that all | ||
teachers and staff who may be involved in the provision of | ||
e-learning have access to any and all hardware and software | ||
that may be required for the program. If a proposed program | ||
does not address this responsibility, the school district must | ||
propose an alternate program. | ||
(c) Before its adoption by a school board, the school board | ||
must hold a public hearing on a school district's initial | ||
proposal for an e-learning program or for renewal of such a | ||
program, at a regular or special meeting of the school board, | ||
in which the terms of the proposal must be substantially | ||
presented and an opportunity for allowing public comments must | ||
be provided. Notice of such public hearing must be provided at | ||
least 10 days prior to the hearing by: | ||
(1) publication in a newspaper of general circulation | ||
in the school district; | ||
(2) written or electronic notice designed to reach the | ||
parents or guardians of all students enrolled in the school | ||
district; and | ||
(3) written or electronic notice designed to reach any | ||
exclusive collective bargaining representatives of school | ||
district employees and all those employees not in a |
collective bargaining unit. | ||
(d) The regional office of education or intermediate | ||
service center for the school district must timely verify that | ||
a proposal for an e-learning program has met the requirements | ||
specified in this Section and that the proposal contains | ||
provisions designed to reasonably and practicably accomplish | ||
the following: | ||
(1) to ensure and verify at least 5 clock hours of | ||
instruction or school work, as required under Section | ||
10-19.05, for each student participating in an e-learning | ||
day; | ||
(2) to ensure access from home or other appropriate | ||
remote facility for all students participating, including | ||
computers, the Internet, and other forms of electronic | ||
communication that must be utilized in the proposed | ||
program; | ||
(2.5) to ensure that non-electronic materials are made | ||
available to students participating in the program who do | ||
not have access to the required technology or to | ||
participating teachers or students who are prevented from | ||
accessing the required technology; | ||
(3) to ensure appropriate learning opportunities for | ||
students with special needs; | ||
(4) to monitor and verify each student's electronic | ||
participation; | ||
(5) to address the extent to which student |
participation is within the student's control as to the | ||
time, pace, and means of learning; | ||
(6) to provide effective notice to students and their | ||
parents or guardians of the use of particular days for | ||
e-learning; | ||
(7) to provide staff and students with adequate | ||
training for e-learning days' participation; | ||
(8) to ensure an opportunity for any collective | ||
bargaining negotiations with representatives of the school | ||
district's employees that would be legally required, | ||
including all classifications of school district employees | ||
who are represented by collective bargaining agreements | ||
and who would be affected in the event of an e-learning | ||
day; | ||
(9) to review and revise the program as implemented to | ||
address difficulties confronted; and | ||
(10) to ensure that the protocol regarding general | ||
expectations and responsibilities of the program is | ||
communicated to teachers, staff, and students at least 30 | ||
days prior to utilizing an e-learning day. | ||
The school board's approval of a school district's initial | ||
e-learning program and renewal of the e-learning program shall | ||
be for a term of 3 years. | ||
(e) The State Board of Education may adopt rules consistent | ||
with the provision of this Section.
| ||
(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19.)
|
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||
Sec. 10-21.9. Criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer and | ||
Violent Offender Against Youth Database.
| ||
(a) Licensed and nonlicensed applicants for employment | ||
with a school
district, except school bus driver applicants, | ||
are required as a condition
of employment to authorize a | ||
fingerprint-based criminal history records check to determine | ||
if such applicants have been convicted of any disqualifying, | ||
enumerated criminal or drug offenses in subsection (c) of this | ||
Section or
have been convicted, within 7 years of the | ||
application for employment with
the
school district, of any | ||
other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State.
Authorization for
the check shall be furnished by | ||
the applicant to
the school district, except that if the | ||
applicant is a substitute teacher
seeking employment in more | ||
than one school district, a teacher seeking
concurrent | ||
part-time employment positions with more than one school
| ||
district (as a reading specialist, special education teacher or | ||
otherwise),
or an educational support personnel employee | ||
seeking employment positions
with more than one district, any | ||
such district may require the applicant to
furnish |
authorization for
the check to the regional superintendent
of | ||
the educational service region in which are located the school | ||
districts
in which the applicant is seeking employment as a | ||
substitute or concurrent
part-time teacher or concurrent | ||
educational support personnel employee.
Upon receipt of this | ||
authorization, the school district or the appropriate
regional | ||
superintendent, as the case may be, shall submit the | ||
applicant's
name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Department
of State Police, to the | ||
Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that
the
check of the applicant has been requested. The | ||
Department of State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of | ||
the school board for the school district that requested the | ||
check, or to the regional superintendent who requested the | ||
check.
The
Department shall charge
the school district
or the | ||
appropriate regional superintendent a fee for
conducting
such | ||
check, which fee shall be deposited in the State
Police | ||
Services Fund and shall not exceed the cost of
the inquiry; and |
the
applicant shall not be charged a fee for
such check by the | ||
school
district or by the regional superintendent, except that | ||
those applicants seeking employment as a substitute teacher | ||
with a school district may be charged a fee not to exceed the | ||
cost of the inquiry. Subject to appropriations for these | ||
purposes, the State Superintendent of Education shall | ||
reimburse school districts and regional superintendents for | ||
fees paid to obtain criminal history records checks under this | ||
Section.
| ||
(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender Database, | ||
as authorized by the Sex Offender Community Notification Law, | ||
for each applicant. The check of the Statewide Sex Offender | ||
Database must be conducted by the school district or regional | ||
superintendent once for every 5 years that an applicant remains | ||
employed by the school district. | ||
(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Community Notification Law, | ||
for each applicant. The check of the Murderer and Violent | ||
Offender Against Youth Database must be conducted by the school | ||
district or regional superintendent once for every 5 years that | ||
an applicant remains employed by the school district. | ||
(b)
Any information
concerning the record of convictions | ||
obtained by the president of the
school board or the regional |
superintendent shall be confidential and may
only be | ||
transmitted to the superintendent of the school district or his
| ||
designee, the appropriate regional superintendent if
the check | ||
was
requested by the school district, the presidents of the | ||
appropriate school
boards if
the check was requested from the | ||
Department of State
Police by the regional superintendent, the | ||
State Board of Education and a school district as authorized | ||
under subsection (b-5), the State Superintendent of
Education, | ||
the State Educator Preparation and Licensure Board, any other | ||
person
necessary to the decision of hiring the applicant for | ||
employment, or for clarification purposes the Department of | ||
State Police or Statewide Sex Offender Database, or both. A | ||
copy
of the record of convictions obtained from the Department | ||
of State Police
shall be provided to the applicant for | ||
employment. Upon the check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database, the school district or regional superintendent | ||
shall notify an applicant as to whether or not the applicant | ||
has been identified in the Database. If a check of
an applicant | ||
for employment as a substitute or concurrent part-time teacher
| ||
or concurrent educational support personnel employee in more | ||
than one
school district was requested by the regional | ||
superintendent, and the
Department of State Police upon a check | ||
ascertains that the applicant
has not been convicted of any of | ||
the enumerated criminal or drug offenses
in subsection (c) of | ||
this Section
or has not been convicted, within 7 years of the
|
application for
employment with the
school district, of any | ||
other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State
and so notifies the regional
superintendent and if | ||
the regional superintendent upon a check ascertains that the | ||
applicant has not been identified in the Sex Offender Database | ||
or Statewide Murderer and Violent Offender Against Youth | ||
Database, then the
regional superintendent shall issue to the | ||
applicant a certificate
evidencing that as of the date | ||
specified by the Department of State Police
the applicant has | ||
not been convicted of any of the enumerated criminal or
drug | ||
offenses in subsection (c) of this Section
or has not been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and | ||
evidencing that as of the date that the regional superintendent | ||
conducted a check of the Statewide Sex Offender Database or | ||
Statewide Murderer and Violent Offender Against Youth | ||
Database, the applicant has not been identified in the | ||
Database. The school
board of
any
school district
may rely on | ||
the
certificate issued by any regional superintendent to that |
substitute teacher, concurrent part-time teacher, or | ||
concurrent educational support personnel employee or may
| ||
initiate its own criminal history records check of the | ||
applicant through the Department of
State Police and its own | ||
check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database as | ||
provided in this Section. Any unauthorized release of | ||
confidential information may be a violation of Section 7 of the | ||
Criminal Identification Act.
| ||
(b-5) If a criminal history records check or check of the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database is performed by a | ||
regional superintendent for an applicant seeking employment as | ||
a substitute teacher with a school district, the regional | ||
superintendent may disclose to the State Board of Education | ||
whether the applicant has been issued a certificate under | ||
subsection (b) based on those checks. If the State Board | ||
receives information on an applicant under this subsection, | ||
then it must indicate in the Educator Licensure Information | ||
System for a 90-day period that the applicant has been issued | ||
or has not been issued a certificate. | ||
(c) No school board shall knowingly employ a person who has | ||
been
convicted of any offense that would subject him or her to | ||
license suspension or revocation pursuant to Section 21B-80 of | ||
this Code, except as provided under subsection (b) of Section | ||
21B-80.
Further, no school board shall knowingly employ a |
person who has been found
to be the perpetrator of sexual or | ||
physical abuse of any minor under 18 years
of age pursuant to | ||
proceedings under Article II of the Juvenile Court Act of
1987. | ||
As a condition of employment, each school board must consider | ||
the status of a person who has been issued an indicated finding | ||
of abuse or neglect of a child by the Department of Children | ||
and Family Services under the Abused and Neglected Child | ||
Reporting Act or by a child welfare agency of another | ||
jurisdiction.
| ||
(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check and a Statewide Sex | ||
Offender Database check have has not been initiated.
| ||
(e) Within 10 days after a superintendent, regional office | ||
of education, or entity that provides background checks of | ||
license holders to public schools receives information of a | ||
pending criminal charge against a license holder for an offense | ||
set forth in Section 21B-80 of this Code, the superintendent, | ||
regional office of education, or entity must notify the State | ||
Superintendent of Education of the pending criminal charge. | ||
If permissible by federal or State law, no later than 15 | ||
business days after receipt of a record of conviction or of | ||
checking the Statewide Murderer and Violent Offender Against | ||
Youth Database or the Statewide Sex Offender Database and | ||
finding a registration, the superintendent of the employing | ||
school board or the applicable regional superintendent shall, | ||
in writing, notify the State Superintendent of Education of any |
license holder who has been convicted of a crime set forth in | ||
Section 21B-80 of this Code. Upon receipt of the record of a | ||
conviction of or a finding of child
abuse by a holder of any | ||
license
issued pursuant to Article 21B or Section 34-8.1 or | ||
34-83 of the
School Code, the
State Superintendent of Education | ||
may initiate licensure suspension
and revocation proceedings | ||
as authorized by law. If the receipt of the record of | ||
conviction or finding of child abuse is received within 6 | ||
months after the initial grant of or renewal of a license, the | ||
State Superintendent of Education may rescind the license | ||
holder's license.
| ||
(e-5) The superintendent of the employing school board | ||
shall, in writing, notify the State Superintendent of Education | ||
and the applicable regional superintendent of schools of any | ||
license holder whom he or she has reasonable cause to believe | ||
has committed an intentional act of abuse or neglect with the | ||
result of making a child an abused child or a neglected child, | ||
as defined in Section 3 of the Abused and Neglected Child | ||
Reporting Act, and that act resulted in the license holder's | ||
dismissal or resignation from the school district. This | ||
notification must be submitted within 30 days after the | ||
dismissal or resignation. The license holder must also be | ||
contemporaneously sent a copy of the notice by the | ||
superintendent. All correspondence, documentation, and other | ||
information so received by the regional superintendent of | ||
schools, the State Superintendent of Education, the State Board |
of Education, or the State Educator Preparation and Licensure | ||
Board under this subsection (e-5) is confidential and must not | ||
be disclosed to third parties, except (i) as necessary for the | ||
State Superintendent of Education or his or her designee to | ||
investigate and prosecute pursuant to Article 21B of this Code, | ||
(ii) pursuant to a court order, (iii) for disclosure to the | ||
license holder or his or her representative, or (iv) as | ||
otherwise provided in this Article and provided that any such | ||
information admitted into evidence in a hearing is exempt from | ||
this confidentiality and non-disclosure requirement. Except | ||
for an act of willful or wanton misconduct, any superintendent | ||
who provides notification as required in this subsection (e-5) | ||
shall have immunity from any liability, whether civil or | ||
criminal or that otherwise might result by reason of such | ||
action. | ||
(f) After January 1, 1990 the provisions of this Section | ||
shall apply
to all employees of persons or firms holding | ||
contracts with any school
district including, but not limited | ||
to, food service workers, school bus
drivers and other | ||
transportation employees, who have direct, daily contact
with | ||
the pupils of any school in such district. For purposes of | ||
criminal
history records checks and checks of the Statewide Sex | ||
Offender Database on employees of persons or firms holding
| ||
contracts with more than one school district and assigned to | ||
more than one
school district, the regional superintendent of | ||
the educational service
region in which the contracting school |
districts are located may, at the
request of any such school | ||
district, be responsible for receiving the
authorization for
a | ||
criminal history records check prepared by each such employee | ||
and
submitting the same to the Department of State Police and | ||
for conducting a check of the Statewide Sex Offender Database | ||
for each employee. Any information
concerning the record of | ||
conviction and identification as a sex offender of any such | ||
employee obtained by the
regional superintendent shall be | ||
promptly reported to the president of the
appropriate school | ||
board or school boards.
| ||
(f-5) Upon request of a school or school district, any | ||
information obtained by a school district pursuant to | ||
subsection (f) of this Section within the last year must be | ||
made available to the requesting school or school district. | ||
(g) Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in the public schools, a | ||
student teacher is required to authorize a fingerprint-based | ||
criminal history records check. Authorization for and payment | ||
of the costs of the check must be furnished by the student | ||
teacher to the school district where the student teaching is to | ||
be completed. Upon receipt of this authorization and payment, | ||
the school district shall submit the student teacher's name, | ||
sex, race, date of birth, social security number, fingerprint | ||
images, and other identifiers, as prescribed by the Department | ||
of State Police, to the Department of State Police. The |
Department of State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of | ||
the school board for the school district that requested the | ||
check. The Department shall charge the school district a fee | ||
for conducting the check, which fee must not exceed the cost of | ||
the inquiry and must be deposited into the State Police | ||
Services Fund. The school district shall further perform a | ||
check of the Statewide Sex Offender Database, as authorized by | ||
the Sex Offender Community Notification Law, and of the | ||
Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender | ||
Against Youth Registration Act, for each student teacher. No | ||
school board may knowingly allow a person to student teach for | ||
whom a criminal history records check, a Statewide Sex Offender | ||
Database check, and a Statewide Murderer and Violent Offender | ||
Against Youth Database check have not been completed and | ||
reviewed by the district. | ||
A copy of the record of convictions obtained from the | ||
Department of State Police must be provided to the student | ||
teacher. Any information concerning the record of convictions | ||
obtained by the president of the school board is confidential | ||
and may only be transmitted to the superintendent of the school | ||
district or his or her designee, the State Superintendent of | ||
Education, the State Educator Preparation and Licensure Board, |
or, for clarification purposes, the Department of State Police | ||
or the Statewide Sex Offender Database or Statewide Murderer | ||
and Violent Offender Against Youth Database. Any unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. | ||
No school board shall knowingly allow a person to student | ||
teach who has been convicted of any offense that would subject | ||
him or her to license suspension or revocation pursuant to | ||
subsection (c) of Section 21B-80 of this Code, except as | ||
provided under subsection (b) of Section 21B-80. Further, no | ||
school board shall allow a person to student teach if he or she | ||
has been found to be the perpetrator of sexual or physical | ||
abuse of a minor under 18 years of age pursuant to proceedings | ||
under Article II of the Juvenile Court Act of 1987. Each school | ||
board must consider the status of a person to student teach who | ||
has been issued an indicated finding of abuse or neglect of a | ||
child by the Department of Children and Family Services under | ||
the Abused and Neglected Child Reporting Act or by a child | ||
welfare agency of another jurisdiction. | ||
(h) (Blank). | ||
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
revised 12-3-19.)
| ||
(105 ILCS 5/10-30 new) | ||
Sec. 10-30. Remote and blended remote learning. This | ||
Section applies if the Governor has declared a disaster due to |
a public health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act. | ||
(1) If the Governor has declared a disaster due to a | ||
public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act, the State | ||
Superintendent of Education may declare a requirement to | ||
use remote learning days or blended remote learning days | ||
for a school district, multiple school districts, a region, | ||
or the entire State. During remote learning days, schools | ||
shall conduct instruction remotely. During blended remote | ||
learning days, schools may utilize hybrid models of | ||
in-person and remote instruction. Once declared, remote | ||
learning days or blended remote learning days shall be | ||
implemented in grades pre-kindergarten through 12 as days | ||
of attendance and shall be deemed pupil attendance days for | ||
calculation of the length of a school term under Section | ||
10-19. | ||
(2) For purposes of this Section, a remote learning day | ||
or blended remote learning day may be met through a | ||
district's implementation of an e-learning program under | ||
Section 10-20.56. | ||
(3) For any district that does not implement an | ||
e-learning program under Section 10-20.56, the district | ||
shall adopt a remote and blended remote learning day plan | ||
approved by the district superintendent. Each district may | ||
utilize remote and blended remote learning planning days, |
consecutively or in separate increments, to develop, | ||
review, or amend its remote and blended remote learning day | ||
plan or provide professional development to staff | ||
regarding remote education. Up to 5 remote and blended | ||
remote learning planning days may be deemed pupil | ||
attendance days for calculation of the length of a school | ||
term under Section 10-19. | ||
(4) Each remote and blended remote learning day plan | ||
shall address the following: | ||
(i) accessibility of the remote instruction to all | ||
students enrolled in the district; | ||
(ii) if applicable, a requirement that the remote | ||
learning day and blended remote learning day | ||
activities reflect State learning standards; | ||
(iii) a means for students to confer with an | ||
educator, as necessary; | ||
(iv) the unique needs of students in special | ||
populations, including, but not limited to, students | ||
eligible for special education under Article 14, | ||
students who are English learners as defined in Section | ||
14C-2, and students experiencing homelessness under | ||
the Education for Homeless Children Act, or vulnerable | ||
student populations; | ||
(v) how the district will take attendance and | ||
monitor and verify each student's remote | ||
participation; and |
(vi) transitions from remote learning to on-site | ||
learning upon the State Superintendent's declaration | ||
that remote learning days or blended remote learning | ||
days are no longer deemed necessary. | ||
(5) The district superintendent shall periodically | ||
review and amend the district's remote and blended remote | ||
learning day plan, as needed, to ensure the plan meets the | ||
needs of all students. | ||
(6) Each remote and blended remote learning day plan | ||
shall be posted on the district's Internet website where | ||
other policies, rules, and standards of conduct are posted | ||
and shall be provided to students and faculty. | ||
(7) This Section does not create any additional | ||
employee bargaining rights and does not remove any employee | ||
bargaining rights. | ||
(8) Statutory and regulatory curricular mandates and | ||
offerings may be administered via a district's remote and | ||
blended remote learning day plan, except that a district | ||
may not offer individual behind-the-wheel instruction | ||
required by Section 27-24.2 via a district's remote and | ||
blended remote learning day plan.
This Section does not | ||
relieve schools and districts from completing all | ||
statutory and regulatory curricular mandates and | ||
offerings.
| ||
(105 ILCS 5/14-8.02f) |
Sec. 14-8.02f. Individualized education program meeting | ||
protections. | ||
(a) (Blank). | ||
(b) This subsection (b) applies only to a school district | ||
organized under Article 34. No later than 10 calendar days | ||
prior to a child's individualized education program meeting or | ||
as soon as possible if a meeting is scheduled within 10 | ||
calendar days with written parental consent, the school board | ||
or school personnel must provide the child's parent or guardian | ||
with a written notification of the services that require a | ||
specific data collection procedure from the school district for | ||
services related to the child's individualized education | ||
program. The notification must indicate, with a checkbox, | ||
whether specific data has been collected for the child's | ||
individualized education program services. For purposes of | ||
this subsection (b), individualized education program services | ||
must include, but are not limited to, paraprofessional support, | ||
an extended school year, transportation, therapeutic day | ||
school, and services for specific learning disabilities. | ||
(c) Beginning on July 1, 2020, no later than 3 school days | ||
prior to a child's individualized education program | ||
eligibility meeting or meeting to determine a child's | ||
eligibility for special education and related services or to | ||
review a child's individualized education program, or as soon | ||
as possible if an individualized education program meeting is | ||
scheduled within 3 school days with the written consent of the |
child's parent or guardian, the local education agency must | ||
provide the child's parent or guardian with copies of all | ||
written material that will be considered by the individualized | ||
education program team at the meeting so that the parent or | ||
guardian may participate in the meeting as a fully-informed | ||
team member. The parent or guardian shall have the option of | ||
choosing from the available methods of delivery, which must | ||
include regular mail and picking up the materials at school. | ||
For a meeting to determine the child's eligibility for special | ||
education, the The written material must include , but is not | ||
limited to, all evaluations and collected data that will be | ||
considered at the meeting . For and, for a child who is already | ||
eligible for special education and related services has an | ||
individualized education program , the written material must | ||
include a copy of all individualized education program | ||
components that will be discussed by the individualized | ||
education program team, other than the components related to | ||
the educational and related service minutes proposed for the | ||
child and the child's educational placement. Parents shall also | ||
be informed of their right to review and copy their child's | ||
school student records prior to any special education | ||
eligibility or individualized education program review | ||
meeting, subject to the requirements of applicable federal and | ||
State law. | ||
(d) Local education agencies must make related service logs | ||
that record the delivery type of related services administered |
under the child's individualized education program and the | ||
minutes of each type of related service that has been | ||
administered available to the child's parent or guardian at the | ||
annual review of the child's individualized education program | ||
and must also provide a copy of the related service logs at any | ||
time upon request of the child's parent or guardian. For | ||
purposes of this subsection (d), related services for which a | ||
log must be made are: speech and language services, | ||
occupational therapy services, physical therapy services, | ||
school social work services, school counseling services, | ||
school psychology services, and school nursing services. The | ||
local education agency must inform the child's parent or | ||
guardian within 20 school days from the beginning of the school | ||
year or upon establishment of an individualized education | ||
program of his or her ability to request those related service | ||
logs. | ||
(d-5) If , at a meeting to develop or revise a child's | ||
individualized education program , the individualized education | ||
program team determines that a certain service is services are | ||
required in order for the child to receive a free, appropriate | ||
public education and that service is those services are not | ||
implemented administered within 10 school days after the | ||
service was to be initiated as a date or frequency set forth by | ||
the child's individualized education program, then the local | ||
education agency shall provide the child's parent or guardian | ||
with written notification that the service has those services |
have not yet been implemented administered to the child . The | ||
notification must be provided to the child's parent or guardian | ||
within 3 school days of the local education agency's | ||
non-compliance with the child's individualized education | ||
program and must inform include information on the parent or | ||
guardian about the school district's procedures for requesting | ||
parent's or guardian's ability to request compensatory | ||
services. In this subsection (d-5) (d) , "school days" does not | ||
include days where a child is absent from school for reasons | ||
unrelated to a lack of individualized education program | ||
services or when the service is available, but the child is | ||
unavailable . | ||
(e) The State Board of Education may create a telephone | ||
hotline to address complaints regarding the special education | ||
services or lack of special education services of a school | ||
district subject to this Section. If a hotline is created, it | ||
must be available to all students enrolled in the school | ||
district, parents or guardians of those students, and school | ||
personnel. If a hotline is created, any complaints received | ||
through the hotline must be registered and recorded with the | ||
State Board's monitor of special education policies. No | ||
student, parent or guardian, or member of school personnel may | ||
be retaliated against for submitting a complaint through a | ||
telephone hotline created by the State Board under this | ||
subsection (e). | ||
(f) A school district subject to this Section may not use |
any measure that would prevent or delay an individualized | ||
education program team from adding a service to the program or | ||
create a time restriction in which a service is prohibited from | ||
being added to the program. The school district may not build | ||
functions into its computer software that would remove any | ||
services from a student's individualized education program | ||
without the approval of the program team and may not prohibit | ||
the program team from adding a service to the program.
| ||
(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19; | ||
101-598, eff. 12-6-19.)
| ||
(105 ILCS 5/14-8.02h) | ||
Sec. 14-8.02h. Response to scientific, research-based | ||
intervention. | ||
(a) In this Section, "response to scientific, | ||
research-based intervention" or "multi-tiered system systems | ||
of support" means a tiered process of appropriate instruction | ||
and support school support that utilizes differentiated | ||
instructional strategies for students, provides students with | ||
an evidence-based curriculum and scientific, research-based | ||
interventions aligned with State standards , continuously | ||
monitors student performance using scientific scientifically , | ||
research-based progress monitoring instruments, and makes | ||
data-driven educational decisions based on a student's | ||
response to the interventions. Response to scientific, | ||
research-based intervention or a multi-tiered system systems |
of support uses use a problem-solving method to define the | ||
problem, analyzes analyze the problem using data to determine | ||
why there is a discrepancy between what is expected and what is | ||
occurring, establishes establish one or more student | ||
performance goals, develops develop an intervention plan to | ||
address the performance goals, and delineates delineate how the | ||
student's progress will be monitored and how implementation | ||
integrity will be ensured. | ||
(b) (Blank). A school district may utilize response to | ||
scientific, research-based intervention or multi-tiered | ||
systems of support as part of an evaluation procedure to | ||
determine if a child is eligible for special education services | ||
due to a specific learning disability. A school district may | ||
utilize the data generated during the response to scientific, | ||
research-based intervention or multi-tiered systems of support | ||
process in an evaluation to determine if a child is eligible | ||
for special education services due to any category of | ||
disability. | ||
(c) The response to scientific, research-based | ||
intervention or a multi-tiered system systems of support | ||
process should use must involve a collaborative team approach | ||
and include the engagement of and regular communication with | ||
the child's parent or guardian , with the parent or guardian of | ||
a student being part of the collaborative team . The parent or | ||
guardian of a child shall be provided with written notice of | ||
the school district's use of scientific, research-based |
intervention or a multi-tiered system of support for the child | ||
and may be part of the collaborative team approach at the | ||
discretion of the school district student must be involved in | ||
the data sharing and decision-making processes of support under | ||
this Section . The parent or guardian shall be provided all data | ||
collected and reviewed by the school district with regard to | ||
the child in the scientific, research-based intervention or | ||
multi-tiered system of support process. The State Board of | ||
Education may provide guidance to a school districts district | ||
and identify available resources related to facilitating | ||
parent parental or guardian engagement participation in the | ||
response to scientific, research-based intervention or a | ||
multi-tiered system systems of support process. | ||
(d) Nothing in this Section affects the responsibility of a | ||
school district to identify, locate, and evaluate children with | ||
disabilities who are in need of special education services in | ||
accordance with the federal Individuals with Disabilities | ||
Education Improvement Act of 2004 , this Code, or any applicable | ||
federal or State rules.
| ||
(Source: P.A. 101-515, eff. 8-23-19; 101-598, eff. 12-6-19.)
| ||
(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) | ||
Sec. 17-2.11. School board power to levy a tax or to borrow | ||
money and
issue bonds for fire prevention, safety, energy | ||
conservation,
accessibility, school security, and specified | ||
repair purposes. |
(a) Whenever, as a
result of any lawful order of any | ||
agency,
other than a school board, having authority to enforce | ||
any school building code
applicable to any facility that houses | ||
students, or any law or regulation for
the protection and | ||
safety of the environment, pursuant to the Environmental
| ||
Protection Act, any school district having a population of less | ||
than 500,000
inhabitants is required to alter or reconstruct | ||
any school building or
permanent, fixed equipment; the district | ||
may, by proper resolution, levy a tax for the purpose of making | ||
such alteration or reconstruction, based on a survey report by | ||
an architect or engineer licensed in this State, upon all of | ||
the taxable property of the district at the value as assessed | ||
by the Department of Revenue and at a rate not to exceed 0.05% | ||
per year for a period sufficient to finance such alteration or | ||
reconstruction, upon the following conditions: | ||
(1) When there are not sufficient funds available in | ||
the operations and maintenance fund of the school district, | ||
the school facility occupation tax fund of the district, or | ||
the fire prevention and safety fund of the district, as | ||
determined by the district on the basis of rules adopted by | ||
the State Board of Education, to make such alteration or | ||
reconstruction or to purchase and install such permanent, | ||
fixed equipment so ordered or determined as necessary. | ||
Appropriate school district records must be made available | ||
to the State Superintendent of Education, upon request, to | ||
confirm this insufficiency. |
(2) When a certified estimate of an architect or | ||
engineer licensed in this State stating the estimated | ||
amount necessary to make the alteration or reconstruction | ||
or to purchase and install the equipment so ordered has | ||
been secured by the school district, and the estimate has | ||
been approved by the regional superintendent of schools | ||
having jurisdiction over the district and the State | ||
Superintendent of Education. Approval must not be granted | ||
for any work that has already started without the prior | ||
express authorization of the State Superintendent of | ||
Education. If the estimate is not approved or is denied | ||
approval by the regional superintendent of schools within 3 | ||
months after the date on which it is submitted to him or | ||
her, the school board of the district may submit the | ||
estimate directly to the State Superintendent of Education | ||
for approval or denial. | ||
In the case of an emergency situation, where the estimated | ||
cost to effectuate emergency repairs is less than the amount | ||
specified in Section 10-20.21 of this Code, the school district | ||
may proceed with such repairs prior to approval by the State | ||
Superintendent of Education, but shall comply with the | ||
provisions of subdivision (2) of this subsection (a) as soon | ||
thereafter as may be as well as Section 10-20.21 of this Code. | ||
If the estimated cost to effectuate emergency repairs is | ||
greater than the amount specified in Section 10-20.21 of this | ||
Code, then the school district shall proceed in conformity with |
Section 10-20.21 of this Code and with rules established by the | ||
State Board of Education to address such situations. The rules | ||
adopted by the State Board of Education to deal with these | ||
situations shall stipulate that emergency situations must be | ||
expedited and given priority consideration. For purposes of | ||
this paragraph, an emergency is a situation that presents an | ||
imminent and continuing threat to the health and safety of | ||
students or other occupants of a facility, requires complete or | ||
partial evacuation of a building or part of a building, or | ||
consumes one or more of the 5 emergency days built into the | ||
adopted calendar of the school or schools or would otherwise be | ||
expected to cause such school or schools to fall short of the | ||
minimum school calendar requirements. | ||
(b) Whenever any such district determines that
it is | ||
necessary for energy conservation purposes that any school | ||
building
or permanent, fixed equipment should be altered or | ||
reconstructed and
that such alterations or reconstruction will | ||
be made with funds not necessary
for the completion of approved | ||
and recommended projects contained in any safety
survey report | ||
or amendments thereto authorized by Section 2-3.12 of this Act; | ||
the district may levy a tax or issue bonds as provided in | ||
subsection (a) of this Section. | ||
(c) Whenever
any such district determines that it is | ||
necessary for accessibility purposes and to comply with the | ||
school building
code that any
school building or equipment | ||
should be altered or reconstructed and that such
alterations or |
reconstruction will be made with
funds not necessary for the | ||
completion of approved and recommended projects
contained in | ||
any safety survey report or amendments thereto authorized under
| ||
Section 2-3.12 of this Act, the district may levy a tax or | ||
issue bonds as provided in subsection (a) of this Section. | ||
(d) Whenever any such district determines that it is
| ||
necessary for school
security purposes and the related | ||
protection and safety of pupils and school
personnel that any | ||
school building or property should be altered or
reconstructed | ||
or that security systems and equipment (including but not | ||
limited
to intercom, early detection and warning, access | ||
control and television
monitoring systems) should be purchased | ||
and installed, and that such
alterations, reconstruction or | ||
purchase and installation of equipment will be
made with funds | ||
not necessary for the completion of approved and recommended
| ||
projects contained in any safety survey report or amendment | ||
thereto authorized
by Section 2-3.12 of this Act and will deter | ||
and prevent unauthorized entry or
activities upon school | ||
property by unknown or dangerous persons, assure early
| ||
detection and advance warning of any such actual or attempted | ||
unauthorized
entry or activities and help assure the continued | ||
safety of pupils and school
staff if any such unauthorized | ||
entry or activity is attempted or occurs;
the district may levy | ||
a tax or issue bonds as provided in subsection (a) of this | ||
Section. | ||
If such a school district determines that it is necessary |
for school security purposes and the related protection and | ||
safety of pupils and school staff to hire a school resource | ||
officer or that personnel costs for school counselors, mental | ||
health experts, or school resource officers are necessary and | ||
the district determines that it does not need funds for any of | ||
the other purposes set forth in this Section, then the district | ||
may levy a tax or issue bonds as provided in subsection (a). | ||
(e) If a school district does not need funds for other fire | ||
prevention and
safety projects, including the completion of | ||
approved and recommended projects
contained in any safety | ||
survey report or amendments thereto authorized by
Section | ||
2-3.12 of this Act, and it is determined after a public hearing | ||
(which
is preceded by at least one published notice (i) | ||
occurring at least 7 days
prior to the hearing in a newspaper | ||
of general circulation within the school
district and (ii) | ||
setting forth the time, date, place, and general subject
matter | ||
of the hearing) that there is a
substantial, immediate, and | ||
otherwise unavoidable threat to the health, safety,
or welfare | ||
of pupils due to disrepair of school sidewalks, playgrounds, | ||
parking
lots, or school bus turnarounds and repairs must be | ||
made; then the district may levy a tax or issue bonds as | ||
provided in subsection (a) of this Section. | ||
(f) For purposes of this Section a school district may | ||
replace a school
building or build additions to replace | ||
portions of a building when it is
determined that the | ||
effectuation of the recommendations for the existing
building |
will cost more than the replacement costs. Such determination | ||
shall
be based on a comparison of estimated costs made by an | ||
architect or engineer
licensed in the State of Illinois. The | ||
new building or addition shall be
equivalent in area (square | ||
feet) and comparable in purpose and grades served
and may be on | ||
the same site or another site. Such replacement may only be | ||
done
upon order of the regional superintendent of schools and | ||
the approval of the
State Superintendent of Education. | ||
(g) The filing of a certified copy of the resolution | ||
levying the tax when
accompanied by the certificates of the | ||
regional superintendent of schools and
State Superintendent of | ||
Education shall be the authority of the county clerk to
extend | ||
such tax. | ||
(h) The county clerk of the county in which any school | ||
district levying a
tax under the authority of this Section is | ||
located, in reducing raised
levies, shall not consider any such | ||
tax as a part of the general levy
for school purposes and shall | ||
not include the same in the limitation of
any other tax rate | ||
which may be extended. | ||
Such tax shall be levied and collected in like manner as | ||
all other
taxes of school districts, subject to the provisions | ||
contained in this Section. | ||
(i) The tax rate limit specified in this Section may be | ||
increased to .10%
upon the approval of a proposition to effect | ||
such increase by a majority
of the electors voting on that | ||
proposition at a regular scheduled election.
Such proposition |
may be initiated by resolution of the school board and
shall be | ||
certified by the secretary to the proper election authorities | ||
for
submission in accordance with the general election law. | ||
(j) When taxes are levied by any school district for fire | ||
prevention,
safety, energy conservation, and school security | ||
purposes as specified in this
Section, and the purposes for | ||
which the taxes have been
levied are accomplished and paid in | ||
full, and there remain funds on hand in
the Fire Prevention and | ||
Safety Fund from the proceeds of the taxes levied,
including | ||
interest earnings thereon, the school board by resolution shall | ||
use
such excess and other board restricted funds, excluding | ||
bond proceeds and
earnings from such proceeds, as follows: | ||
(1) for other authorized fire prevention,
safety, | ||
energy conservation, required safety inspections, school | ||
security purposes, sampling for lead in drinking water in | ||
schools, and for repair and mitigation due to lead levels | ||
in the drinking water supply;
or | ||
(2) for transfer to the Operations and Maintenance Fund
| ||
for the purpose of abating an equal amount of operations | ||
and maintenance
purposes taxes. | ||
Notwithstanding subdivision (2) of this subsection (j) and | ||
subsection (k) of this Section, through June 30, 2021 2020 , the | ||
school board
may, by proper resolution following a public | ||
hearing set by the
school board or the president of the school | ||
board (that is
preceded (i) by at least one published notice | ||
over the name of
the clerk or secretary of the board, occurring |
at least 7 days
and not more than 30 days prior to the hearing, | ||
in a newspaper
of general circulation within the school | ||
district and (ii) by
posted notice over the name of the clerk | ||
or secretary of the
board, at least 48 hours before the | ||
hearing, at the principal
office of the school board or at the | ||
building where the hearing
is to be held if a principal office | ||
does not exist, with both
notices setting forth the time, date, | ||
place, and subject matter
of the hearing), transfer surplus | ||
life safety taxes and interest earnings thereon to the | ||
Operations and Maintenance Fund for building repair work. | ||
(k) If any transfer is made to the Operation and | ||
Maintenance
Fund, the secretary of the school board shall | ||
within 30 days notify
the county clerk of the amount of that | ||
transfer and direct the clerk to
abate the taxes to be extended | ||
for the purposes of operations and
maintenance authorized under | ||
Section 17-2 of this Act by an amount equal
to such transfer. | ||
(l) If the proceeds from the tax levy authorized by this
| ||
Section are insufficient to complete the work approved under | ||
this
Section, the school board is authorized to sell bonds | ||
without referendum
under the provisions of this Section in an | ||
amount that, when added to the
proceeds of the tax levy | ||
authorized by this Section, will allow completion
of the | ||
approved work. | ||
(m) Any bonds issued pursuant to this Section shall bear | ||
interest at a rate not to exceed the maximum rate
authorized by | ||
law at the time of the making of the contract, shall mature
|
within 20 years from date, and shall be signed by the president | ||
of the school
board and the treasurer of the school district. | ||
(n) In order to authorize and issue such bonds, the school | ||
board shall adopt
a resolution fixing the amount of bonds, the | ||
date thereof, the maturities
thereof, rates of interest | ||
thereof, place of payment and denomination,
which shall be in | ||
denominations of not less than $100 and not more than
$5,000, | ||
and provide for the levy and collection of a direct annual tax | ||
upon
all the taxable property in the school district sufficient | ||
to pay the
principal and interest on such bonds to maturity. | ||
Upon the filing in the
office of the county clerk of the county | ||
in which the school district is
located of a certified copy of | ||
the resolution, it is the duty of the
county clerk to extend | ||
the tax therefor in addition to and in excess of all
other | ||
taxes heretofore or hereafter authorized to be
levied by such | ||
school district. | ||
(o) After the time such bonds are issued as provided for by | ||
this Section, if
additional alterations or reconstructions are | ||
required to be made because
of surveys conducted by an | ||
architect or engineer licensed in the State of
Illinois, the | ||
district may levy a tax at a rate not to exceed .05% per year
| ||
upon all the taxable property of the district or issue | ||
additional bonds,
whichever action shall be the most feasible. | ||
(p) This Section is cumulative and constitutes complete | ||
authority for the
issuance of bonds as provided in this Section | ||
notwithstanding any other
statute or law to the contrary. |
(q) With respect to instruments for the payment of money | ||
issued under this
Section either before, on, or after the | ||
effective date of Public Act 86-004
(June 6, 1989), it is, and | ||
always has been, the intention of the General
Assembly (i) that | ||
the Omnibus Bond Acts are, and always have been,
supplementary | ||
grants of power to issue instruments in accordance with the
| ||
Omnibus Bond Acts, regardless of any provision of this Act that | ||
may appear
to be or to have been more restrictive than those | ||
Acts, (ii) that the
provisions of this Section are not a | ||
limitation on the supplementary
authority granted by the | ||
Omnibus Bond Acts, and (iii) that instruments
issued under this | ||
Section within the supplementary authority granted by the
| ||
Omnibus Bond Acts are not invalid because of any provision of | ||
this Act that
may appear to be or to have been more restrictive | ||
than those Acts. | ||
(r) When the purposes for which the bonds are issued have | ||
been accomplished
and paid for in full and there remain funds | ||
on hand from the proceeds of
the bond sale and interest | ||
earnings therefrom, the board shall, by
resolution, use such | ||
excess funds in accordance with the provisions of
Section | ||
10-22.14 of this Act. | ||
(s) Whenever any tax is levied or bonds issued for fire | ||
prevention, safety,
energy conservation, and school security | ||
purposes, such proceeds shall be
deposited and accounted for | ||
separately within the Fire Prevention and Safety
Fund. | ||
(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19.)
|
(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
| ||
Sec. 17-2A. Interfund transfers. | ||
(a) The school board of any district having a population of | ||
less than
500,000 inhabitants may, by proper resolution | ||
following a public hearing
set by the school board or the | ||
president of the school board
(that is preceded (i) by at least | ||
one published notice over the name of
the clerk
or secretary of | ||
the board, occurring at least 7 days and not more than 30
days
| ||
prior to the hearing, in a newspaper of general circulation | ||
within the
school
district and (ii) by posted notice over the | ||
name of the clerk or secretary of
the board, at least 48 hours | ||
before the hearing, at the principal office of the
school board | ||
or at the building where the hearing is to be held if a | ||
principal
office does not exist, with both notices setting | ||
forth the time, date, place,
and subject matter of the
| ||
hearing), transfer money from (1) the Educational Fund to the | ||
Operations
and
Maintenance Fund or the Transportation Fund, (2) | ||
the Operations and
Maintenance Fund to the Educational Fund or | ||
the Transportation Fund, (3) the
Transportation Fund to the | ||
Educational Fund or the Operations and Maintenance
Fund, or (4) | ||
the Tort Immunity Fund to the Operations and Maintenance Fund | ||
of said
district,
provided that, except during the period from | ||
July 1, 2003 through June 30, 2021 2020 , such transfer is made | ||
solely for the purpose of meeting one-time,
non-recurring | ||
expenses. Except during the period from July 1, 2003 through
|
June 30, 2021 2020 and except as otherwise provided in | ||
subsection (b) of this Section, any other permanent interfund | ||
transfers authorized
by any provision or judicial | ||
interpretation of this Code for which the
transferee fund is | ||
not precisely and specifically set forth in the provision of
| ||
this Code authorizing such transfer shall be made to the fund | ||
of the school
district most in need of the funds being | ||
transferred, as determined by
resolution of the school board. | ||
(b) (Blank).
| ||
(c) Notwithstanding subsection (a) of this Section or any | ||
other provision of this Code to the contrary, the school board | ||
of any school district (i) that is subject to the Property Tax | ||
Extension Limitation Law, (ii) that is an elementary district | ||
servicing students in grades K through 8, (iii) whose territory | ||
is in one county, (iv) that is eligible for Section 7002 | ||
Federal Impact Aid, and (v) that has no more than $81,000 in | ||
funds remaining from refinancing bonds that were refinanced a | ||
minimum of 5 years prior to January 20, 2017 (the effective | ||
date of Public Act 99-926) may make a one-time transfer of the | ||
funds remaining from the refinancing bonds to the Operations | ||
and Maintenance Fund of the district by proper resolution | ||
following a public hearing set by the school board or the | ||
president of the school board, with notice as provided in | ||
subsection (a) of this Section, so long as the district meets | ||
the qualifications set forth in this subsection (c) on January | ||
20, 2017 (the effective date of Public Act 99-926). |
(d) Notwithstanding subsection (a) of this Section or any | ||
other provision of this Code to the contrary, the school board | ||
of any school district (i) that is subject to the Property Tax | ||
Extension Limitation Law, (ii) that is a community unit school | ||
district servicing students in grades K through 12, (iii) whose | ||
territory is in one county, (iv) that owns property designated | ||
by the United States as a Superfund site pursuant to the | ||
federal Comprehensive Environmental Response, Compensation and | ||
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that | ||
has an excess accumulation of funds in its bond fund, including | ||
funds accumulated prior to July 1, 2000, may make a one-time | ||
transfer of those excess funds accumulated prior to July 1, | ||
2000 to the Operations and Maintenance Fund of the district by | ||
proper resolution following a public hearing set by the school | ||
board or the president of the school board, with notice as | ||
provided in subsection (a) of this Section, so long as the | ||
district meets the qualifications set forth in this subsection | ||
(d) on August 4, 2017 (the effective date of Public Act | ||
100-32). | ||
(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17; | ||
99-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff. | ||
8-31-17; 100-863, eff. 8-14-18.)
| ||
(105 ILCS 5/18-8.15) | ||
Sec. 18-8.15. Evidence-Based Funding Evidence-based | ||
funding for student success for the 2017-2018 and subsequent |
school years. | ||
(a) General provisions. | ||
(1) The purpose of this Section is to ensure that, by | ||
June 30, 2027 and beyond, this State has a kindergarten | ||
through grade 12 public education system with the capacity | ||
to ensure the educational development of all persons to the | ||
limits of their capacities in accordance with Section 1 of | ||
Article X of the Constitution of the State of Illinois. To | ||
accomplish that objective, this Section creates a method of | ||
funding public education that is evidence-based; is | ||
sufficient to ensure every student receives a meaningful | ||
opportunity to learn irrespective of race, ethnicity, | ||
sexual orientation, gender, or community-income level; and | ||
is sustainable and predictable. When fully funded under | ||
this Section, every school shall have the resources, based | ||
on what the evidence indicates is needed, to: | ||
(A) provide all students with a high quality | ||
education that offers the academic, enrichment, social | ||
and emotional support, technical, and career-focused | ||
programs that will allow them to become competitive | ||
workers, responsible parents, productive citizens of | ||
this State, and active members of our national | ||
democracy; | ||
(B) ensure all students receive the education they | ||
need to graduate from high school with the skills | ||
required to pursue post-secondary education and |
training for a rewarding career; | ||
(C) reduce, with a goal of eliminating, the | ||
achievement gap between at-risk and non-at-risk | ||
students by raising the performance of at-risk | ||
students and not by reducing standards; and | ||
(D) ensure this State satisfies its obligation to | ||
assume the primary responsibility to fund public | ||
education and simultaneously relieve the | ||
disproportionate burden placed on local property taxes | ||
to fund schools. | ||
(2) The Evidence-Based Funding evidence-based funding | ||
formula under this Section shall be applied to all | ||
Organizational Units in this State. The Evidence-Based | ||
Funding evidence-based funding formula outlined in this | ||
Act is based on the formula outlined in Senate Bill 1 of | ||
the 100th General Assembly, as passed by both legislative | ||
chambers. As further defined and described in this Section, | ||
there are 4 major components of the Evidence-Based Funding | ||
evidence-based funding model: | ||
(A) First, the model calculates a unique Adequacy | ||
Target adequacy target for each Organizational Unit in | ||
this State that considers the costs to implement | ||
research-based activities, the unit's student | ||
demographics, and regional wage differences | ||
difference . | ||
(B) Second, the model calculates each |
Organizational Unit's Local Capacity local capacity , | ||
or the amount each Organizational Unit is assumed to | ||
contribute toward towards its Adequacy Target adequacy | ||
target from local resources. | ||
(C) Third, the model calculates how much funding | ||
the State currently contributes to the Organizational | ||
Unit , and adds that to the unit's Local Capacity local | ||
capacity to determine the unit's overall current | ||
adequacy of funding. | ||
(D) Finally, the model's distribution method | ||
allocates new State funding to those Organizational | ||
Units that are least well-funded, considering both | ||
Local Capacity local capacity and State funding, in | ||
relation to their Adequacy Target adequacy target . | ||
(3) An Organizational Unit receiving any funding under | ||
this Section may apply those funds to any fund so received | ||
for which that Organizational Unit is authorized to make | ||
expenditures by law. | ||
(4) As used in this Section, the following terms shall | ||
have the meanings ascribed in this paragraph (4): | ||
"Adequacy Target" is defined in paragraph (1) of | ||
subsection (b) of this Section. | ||
"Adjusted EAV" is defined in paragraph (4) of | ||
subsection (d) of this Section. | ||
"Adjusted Local Capacity Target" is defined in | ||
paragraph (3) of subsection (c) of this Section. |
"Adjusted Operating Tax Rate" means a tax rate for all | ||
Organizational Units, for which the State Superintendent | ||
shall calculate and subtract for the Operating Tax Rate a | ||
transportation rate based on total expenses for | ||
transportation services under this Code, as reported on the | ||
most recent Annual Financial Report in Pupil | ||
Transportation Services, function 2550 in both the | ||
Education and Transportation funds and functions 4110 and | ||
4120 in the Transportation fund, less any corresponding | ||
fiscal year State of Illinois scheduled payments excluding | ||
net adjustments for prior years for regular, vocational, or | ||
special education transportation reimbursement pursuant to | ||
Section 29-5 or subsection (b) of Section 14-13.01 of this | ||
Code divided by the Adjusted EAV. If an Organizational | ||
Unit's corresponding fiscal year State of Illinois | ||
scheduled payments excluding net adjustments for prior | ||
years for regular, vocational, or special education | ||
transportation reimbursement pursuant to Section 29-5 or | ||
subsection (b) of Section 14-13.01 of this Code exceed the | ||
total transportation expenses, as defined in this | ||
paragraph, no transportation rate shall be subtracted from | ||
the Operating Tax Rate. | ||
"Allocation Rate" is defined in paragraph (3) of | ||
subsection (g) of this Section. | ||
"Alternative School" means a public school that is | ||
created and operated by a regional superintendent of |
schools and approved by the State Board. | ||
"Applicable Tax Rate" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Assessment" means any of those benchmark, progress | ||
monitoring, formative, diagnostic, and other assessments, | ||
in addition to the State accountability assessment, that | ||
assist teachers' needs in understanding the skills and | ||
meeting the needs of the students they serve. | ||
"Assistant principal" means a school administrator | ||
duly endorsed to be employed as an assistant principal in | ||
this State. | ||
"At-risk student" means a student who is at risk of not | ||
meeting the Illinois Learning Standards or not graduating | ||
from elementary or high school and who demonstrates a need | ||
for vocational support or social services beyond that | ||
provided by the regular school program. All students | ||
included in an Organizational Unit's Low-Income Count, as | ||
well as all English learner and disabled students attending | ||
the Organizational Unit, shall be considered at-risk | ||
students under this Section. | ||
"Average Student Enrollment" or "ASE" for fiscal year | ||
2018 means, for an Organizational Unit, the greater of the | ||
average number of students (grades K through 12) reported | ||
to the State Board as enrolled in the Organizational Unit | ||
on October 1 in the immediately preceding school year, plus | ||
the pre-kindergarten students who receive special |
education services of 2 or more hours a day as reported to | ||
the State Board on December 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1, plus the | ||
pre-kindergarten students who receive special education | ||
services of 2 or more hours a day as reported to the State | ||
Board on December 1, for each of the immediately preceding | ||
3 school years. For fiscal year 2019 and each subsequent | ||
fiscal year, "Average Student Enrollment" or "ASE" means, | ||
for an Organizational Unit, the greater of the average | ||
number of students (grades K through 12) reported to the | ||
State Board as enrolled in the Organizational Unit on | ||
October 1 and March 1 in the immediately preceding school | ||
year, plus the pre-kindergarten students who receive | ||
special education services as reported to the State Board | ||
on October 1 and March 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1 and March 1, plus the | ||
pre-kindergarten students who receive special education | ||
services as reported to the State Board on October 1 and | ||
March 1, for each of the immediately preceding 3 school | ||
years. For the purposes of this definition, "enrolled in | ||
the Organizational Unit" means the number of students | ||
reported to the State Board who are enrolled in schools |
within the Organizational Unit that the student attends or | ||
would attend if not placed or transferred to another school | ||
or program to receive needed services. For the purposes of | ||
calculating "ASE", all students, grades K through 12, | ||
excluding those attending kindergarten for a half day and | ||
students attending an alternative education program | ||
operated by a regional office of education or intermediate | ||
service center, shall be counted as 1.0. All students | ||
attending kindergarten for a half day shall be counted as | ||
0.5, unless in 2017 by June 15 or by March 1 in subsequent | ||
years, the school district reports to the State Board of | ||
Education the intent to implement full-day kindergarten | ||
district-wide for all students, then all students | ||
attending kindergarten shall be counted as 1.0. Special | ||
education pre-kindergarten students shall be counted as | ||
0.5 each. If the State Board does not collect or has not | ||
collected both an October 1 and March 1 enrollment count by | ||
grade or a December 1 collection of special education | ||
pre-kindergarten students as of August 31, 2017 ( the | ||
effective date of Public Act 100-465) this amendatory Act | ||
of the 100th General Assembly , it shall establish such | ||
collection for all future years. For any year in which | ||
where a count by grade level was collected only once, that | ||
count shall be used as the single count available for | ||
computing a 3-year average ASE. Funding for programs | ||
operated by a regional office of education or an |
intermediate service center must be calculated using the | ||
Evidence-Based Funding evidence-based funding formula | ||
under this Section for the 2019-2020 school year and each | ||
subsequent school year until separate adequacy formulas | ||
are developed and adopted for each type of program. ASE for | ||
a program operated by a regional office of education or an | ||
intermediate service center must be determined by the March | ||
1 enrollment for the program. For the 2019-2020 school | ||
year, the ASE used in the calculation must be the | ||
first-year ASE and, in that year only, the assignment of | ||
students served by a regional office of education or | ||
intermediate service center shall not result in a reduction | ||
of the March enrollment for any school district. For the | ||
2020-2021 school year, the ASE must be the greater of the | ||
current-year ASE or the 2-year average ASE. Beginning with | ||
the 2021-2022 school year, the ASE must be the greater of | ||
the current-year ASE or the 3-year average ASE. School | ||
districts shall submit the data for the ASE calculation to | ||
the State Board within 45 days of the dates required in | ||
this Section for submission of enrollment data in order for | ||
it to be included in the ASE calculation. For fiscal year | ||
2018 only, the ASE calculation shall include only | ||
enrollment taken on October 1. | ||
"Base Funding Guarantee" is defined in paragraph (10) | ||
of subsection (g) of this Section. | ||
"Base Funding Minimum" is defined in subsection (e) of |
this Section. | ||
"Base Tax Year" means the property tax levy year used | ||
to calculate the Budget Year allocation of primary State | ||
aid. | ||
"Base Tax Year's Extension" means the product of the | ||
equalized assessed valuation utilized by the county clerk | ||
in the Base Tax Year multiplied by the limiting rate as | ||
calculated by the county clerk and defined in PTELL. | ||
"Bilingual Education Allocation" means the amount of | ||
an Organizational Unit's final Adequacy Target | ||
attributable to bilingual education divided by the | ||
Organizational Unit's final Adequacy Target, the product | ||
of which shall be multiplied by the amount of new funding | ||
received pursuant to this Section. An Organizational | ||
Unit's final Adequacy Target attributable to bilingual | ||
education shall include all additional investments in | ||
English learner students' adequacy elements. | ||
"Budget Year" means the school year for which primary | ||
State aid is calculated and awarded under this Section. | ||
"Central office" means individual administrators and | ||
support service personnel charged with managing the | ||
instructional programs, business and operations, and | ||
security of the Organizational Unit. | ||
"Comparable Wage Index" or "CWI" means a regional cost | ||
differentiation metric that measures systemic, regional | ||
variations in the salaries of college graduates who are not |
educators. The CWI utilized for this Section shall, for the | ||
first 3 years of Evidence-Based Funding implementation, be | ||
the CWI initially developed by the National Center for | ||
Education Statistics, as most recently updated by Texas A & | ||
M University. In the fourth and subsequent years of | ||
Evidence-Based Funding implementation, the State | ||
Superintendent shall re-determine the CWI using a similar | ||
methodology to that identified in the Texas A & M | ||
University study, with adjustments made no less frequently | ||
than once every 5 years. | ||
"Computer technology and equipment" means computers | ||
servers, notebooks, network equipment, copiers, printers, | ||
instructional software, security software, curriculum | ||
management courseware, and other similar materials and | ||
equipment. | ||
"Computer technology and equipment investment | ||
allocation" means the final Adequacy Target amount of an | ||
Organizational Unit assigned to Tier 1 or Tier 2 in the | ||
prior school year attributable to the additional $285.50 | ||
per student computer technology and equipment investment | ||
grant divided by the Organizational Unit's final Adequacy | ||
Target, the result of which shall be multiplied by the | ||
amount of new funding received pursuant to this Section. An | ||
Organizational Unit assigned to a Tier 1 or Tier 2 final | ||
Adequacy Target attributable to the received computer | ||
technology and equipment investment grant shall include |
all additional investments in computer technology and | ||
equipment adequacy elements. | ||
"Core subject" means mathematics; science; reading, | ||
English, writing, and language arts; history and social | ||
studies; world languages; and subjects taught as Advanced | ||
Placement in high schools. | ||
"Core teacher" means a regular classroom teacher in | ||
elementary schools and teachers of a core subject in middle | ||
and high schools. | ||
"Core Intervention teacher (tutor)" means a licensed | ||
teacher providing one-on-one or small group tutoring to | ||
students struggling to meet proficiency in core subjects. | ||
"CPPRT" means corporate personal property replacement | ||
tax funds paid to an Organizational Unit during the | ||
calendar year one year before the calendar year in which a | ||
school year begins, pursuant to "An Act in relation to the | ||
abolition of ad valorem personal property tax and the | ||
replacement of revenues lost thereby, and amending and | ||
repealing certain Acts and parts of Acts in connection | ||
therewith", certified August 14, 1979, as amended (Public | ||
Act 81-1st S.S.-1). | ||
"EAV" means equalized assessed valuation as defined in | ||
paragraph (2) of subsection (d) of this Section and | ||
calculated in accordance with paragraph (3) of subsection | ||
(d) of this Section. | ||
"ECI" means the Bureau of Labor Statistics' national |
employment cost index for civilian workers in educational | ||
services in elementary and secondary schools on a | ||
cumulative basis for the 12-month calendar year preceding | ||
the fiscal year of the Evidence-Based Funding calculation. | ||
"EIS Data" means the employment information system | ||
data maintained by the State Board on educators within | ||
Organizational Units. | ||
"Employee benefits" means health, dental, and vision | ||
insurance offered to employees of an Organizational Unit, | ||
the costs associated with the statutorily required payment | ||
of the normal cost of the Organizational Unit's teacher | ||
pensions, Social Security employer contributions, and | ||
Illinois Municipal Retirement Fund employer contributions. | ||
"English learner" or "EL" means a child included in the | ||
definition of "English learners" under Section 14C-2 of | ||
this Code participating in a program of transitional | ||
bilingual education or a transitional program of | ||
instruction meeting the requirements and program | ||
application procedures of Article 14C of this Code. For the | ||
purposes of collecting the number of EL students enrolled, | ||
the same collection and calculation methodology as defined | ||
above for "ASE" shall apply to English learners, with the | ||
exception that EL student enrollment shall include | ||
students in grades pre-kindergarten through 12. | ||
"Essential Elements" means those elements, resources, | ||
and educational programs that have been identified through |
academic research as necessary to improve student success, | ||
improve academic performance, close achievement gaps, and | ||
provide for other per student costs related to the delivery | ||
and leadership of the Organizational Unit, as well as the | ||
maintenance and operations of the unit, and which are | ||
specified in paragraph (2) of subsection (b) of this | ||
Section. | ||
"Evidence-Based Funding" means State funding provided | ||
to an Organizational Unit pursuant to this Section. | ||
"Extended day" means academic and enrichment programs | ||
provided to students outside the regular school day before | ||
and after school or during non-instructional times during | ||
the school day. | ||
"Extension Limitation Ratio" means a numerical ratio | ||
in which the numerator is the Base Tax Year's Extension and | ||
the denominator is the Preceding Tax Year's Extension. | ||
"Final Percent of Adequacy" is defined in paragraph (4) | ||
of subsection (f) of this Section. | ||
"Final Resources" is defined in paragraph (3) of | ||
subsection (f) of this Section. | ||
"Full-time equivalent" or "FTE" means the full-time | ||
equivalency compensation for staffing the relevant | ||
position at an Organizational Unit. | ||
"Funding Gap" is defined in paragraph (1) of subsection | ||
(g). | ||
"Guidance counselor" means a licensed guidance |
counselor who provides guidance and counseling support for | ||
students within an Organizational Unit. | ||
"Hybrid District" means a partial elementary unit | ||
district created pursuant to Article 11E of this Code. | ||
"Instructional assistant" means a core or special | ||
education, non-licensed employee who assists a teacher in | ||
the classroom and provides academic support to students. | ||
"Instructional facilitator" means a qualified teacher | ||
or licensed teacher leader who facilitates and coaches | ||
continuous improvement in classroom instruction; provides | ||
instructional support to teachers in the elements of | ||
research-based instruction or demonstrates the alignment | ||
of instruction with curriculum standards and assessment | ||
tools; develops or coordinates instructional programs or | ||
strategies; develops and implements training; chooses | ||
standards-based instructional materials; provides teachers | ||
with an understanding of current research; serves as a | ||
mentor, site coach, curriculum specialist, or lead | ||
teacher; or otherwise works with fellow teachers, in | ||
collaboration, to use data to improve instructional | ||
practice or develop model lessons. | ||
"Instructional materials" means relevant instructional | ||
materials for student instruction, including, but not | ||
limited to, textbooks, consumable workbooks, laboratory | ||
equipment, library books, and other similar materials. | ||
"Laboratory School" means a public school that is |
created and operated by a public university and approved by | ||
the State Board. | ||
"Librarian" means a teacher with an endorsement as a | ||
library information specialist or another individual whose | ||
primary responsibility is overseeing library resources | ||
within an Organizational Unit. | ||
"Limiting rate for Hybrid Districts" means the | ||
combined elementary school and high school limiting | ||
limited rates. | ||
"Local Capacity" is defined in paragraph (1) of | ||
subsection (c) of this Section. | ||
"Local Capacity Percentage" is defined in subparagraph | ||
(A) of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Ratio" is defined in subparagraph (B) | ||
of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Target" is defined in paragraph (2) of | ||
subsection (c) of this Section. | ||
"Low-Income Count" means, for an Organizational Unit | ||
in a fiscal year, the higher of the average number of | ||
students for the prior school year or the immediately | ||
preceding 3 school years who, as of July 1 of the | ||
immediately preceding fiscal year (as determined by the | ||
Department of Human Services), are eligible for at least | ||
one of the following low-income low income programs: | ||
Medicaid, the Children's Health Insurance Program, | ||
Temporary Assistance for Needy Families ( TANF ) , or the |
Supplemental Nutrition Assistance Program, excluding | ||
pupils who are eligible for services provided by the | ||
Department of Children and Family Services. Until such time | ||
that grade level low-income populations become available, | ||
grade level low-income populations shall be determined by | ||
applying the low-income percentage to total student | ||
enrollments by grade level. The low-income percentage is | ||
determined by dividing the Low-Income Count by the Average | ||
Student Enrollment. The low-income percentage for programs | ||
operated by a regional office of education or an | ||
intermediate service center must be set to the weighted | ||
average of the low-income percentages of all of the school | ||
districts in the service region. The weighted low-income | ||
percentage is the result of multiplying the low-income | ||
percentage of each school district served by the regional | ||
office of education or intermediate service center by each | ||
school district's Average Student Enrollment, summarizing | ||
those products and dividing the total by the total Average | ||
Student Enrollment for the service region. | ||
"Maintenance and operations" means custodial services, | ||
facility and ground maintenance, facility operations, | ||
facility security, routine facility repairs, and other | ||
similar services and functions. | ||
"Minimum Funding Level" is defined in paragraph (9) of | ||
subsection (g) of this Section. | ||
"New Property Tax Relief Pool Funds" means, for any |
given fiscal year, all State funds appropriated under | ||
Section 2-3.170 of the School Code. | ||
"New State Funds" means, for a given school year, all | ||
State funds appropriated for Evidence-Based Funding in | ||
excess of the amount needed to fund the Base Funding | ||
Minimum for all Organizational Units in that school year. | ||
"Net State Contribution Target" means, for a given | ||
school year, the amount of State funds that would be | ||
necessary to fully meet the Adequacy Target of an | ||
Operational Unit minus the Preliminary Resources available | ||
to each unit. | ||
"Nurse" means an individual licensed as a certified | ||
school nurse, in accordance with the rules established for | ||
nursing services by the State Board, who is an employee of | ||
and is available to provide health care-related services | ||
for students of an Organizational Unit. | ||
"Operating Tax Rate" means the rate utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except , Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
For Hybrid Districts, the Operating Tax Rate shall be the | ||
combined elementary and high school rates utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except , Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
"Organizational Unit" means a Laboratory School or any |
public school district that is recognized as such by the | ||
State Board and that contains elementary schools typically | ||
serving kindergarten through 5th grades, middle schools | ||
typically serving 6th through 8th grades, high schools | ||
typically serving 9th through 12th grades, a program | ||
established under Section 2-3.66 or 2-3.41, or a program | ||
operated by a regional office of education or an | ||
intermediate service center under Article 13A or 13B. The | ||
General Assembly acknowledges that the actual grade levels | ||
served by a particular Organizational Unit may vary | ||
slightly from what is typical. | ||
"Organizational Unit CWI" is determined by calculating | ||
the CWI in the region and original county in which an | ||
Organizational Unit's primary administrative office is | ||
located as set forth in this paragraph, provided that if | ||
the Organizational Unit CWI as calculated in accordance | ||
with this paragraph is less than 0.9, the Organizational | ||
Unit CWI shall be increased to 0.9. Each county's current | ||
CWI value shall be adjusted based on the CWI value of that | ||
county's neighboring Illinois counties, to create a | ||
"weighted adjusted index value". This shall be calculated | ||
by summing the CWI values of all of a county's adjacent | ||
Illinois counties and dividing by the number of adjacent | ||
Illinois counties, then taking the weighted value of the | ||
original county's CWI value and the adjacent Illinois | ||
county average. To calculate this weighted value, if the |
number of adjacent Illinois counties is greater than 2, the | ||
original county's CWI value will be weighted at 0.25 and | ||
the adjacent Illinois county average will be weighted at | ||
0.75. If the number of adjacent Illinois counties is 2, the | ||
original county's CWI value will be weighted at 0.33 and | ||
the adjacent Illinois county average will be weighted at | ||
0.66. The greater of the county's current CWI value and its | ||
weighted adjusted index value shall be used as the | ||
Organizational Unit CWI. | ||
"Preceding Tax Year" means the property tax levy year | ||
immediately preceding the Base Tax Year. | ||
"Preceding Tax Year's Extension" means the product of | ||
the equalized assessed valuation utilized by the county | ||
clerk in the Preceding Tax Year multiplied by the Operating | ||
Tax Rate. | ||
"Preliminary Percent of Adequacy" is defined in | ||
paragraph (2) of subsection (f) of this Section. | ||
"Preliminary Resources" is defined in paragraph (2) of | ||
subsection (f) of this Section. | ||
"Principal" means a school administrator duly endorsed | ||
to be employed as a principal in this State. | ||
"Professional development" means training programs for | ||
licensed staff in schools, including, but not limited to, | ||
programs that assist in implementing new curriculum | ||
programs, provide data focused or academic assessment data | ||
training to help staff identify a student's weaknesses and |
strengths, target interventions, improve instruction, | ||
encompass instructional strategies for English learner, | ||
gifted, or at-risk students, address inclusivity, cultural | ||
sensitivity, or implicit bias, or otherwise provide | ||
professional support for licensed staff. | ||
"Prototypical" means 450 special education | ||
pre-kindergarten and kindergarten through grade 5 students | ||
for an elementary school, 450 grade 6 through 8 students | ||
for a middle school, and 600 grade 9 through 12 students | ||
for a high school. | ||
"PTELL" means the Property Tax Extension Limitation | ||
Law. | ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
(d) of this Section. | ||
"Pupil support staff" means a nurse, psychologist, | ||
social worker, family liaison personnel, or other staff | ||
member who provides support to at-risk or struggling | ||
students. | ||
"Real Receipts" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Regionalization Factor" means, for a particular | ||
Organizational Unit, the figure derived by dividing the | ||
Organizational Unit CWI by the Statewide Weighted CWI. | ||
"School site staff" means the primary school secretary | ||
and any additional clerical personnel assigned to a school. | ||
"Special education" means special educational |
facilities and services, as defined in Section 14-1.08 of | ||
this Code. | ||
"Special Education Allocation" means the amount of an | ||
Organizational Unit's final Adequacy Target attributable | ||
to special education divided by the Organizational Unit's | ||
final Adequacy Target, the product of which shall be | ||
multiplied by the amount of new funding received pursuant | ||
to this Section. An Organizational Unit's final Adequacy | ||
Target attributable to special education shall include all | ||
special education investment adequacy elements. | ||
"Specialist teacher" means a teacher who provides | ||
instruction in subject areas not included in core subjects, | ||
including, but not limited to, art, music, physical | ||
education, health, driver education, career-technical | ||
education, and such other subject areas as may be mandated | ||
by State law or provided by an Organizational Unit. | ||
"Specially Funded Unit" means an Alternative School, | ||
safe school, Department of Juvenile Justice school, | ||
special education cooperative or entity recognized by the | ||
State Board as a special education cooperative, | ||
State-approved charter school, or alternative learning | ||
opportunities program that received direct funding from | ||
the State Board during the 2016-2017 school year through | ||
any of the funding sources included within the calculation | ||
of the Base Funding Minimum or Glenwood Academy. | ||
"Supplemental Grant Funding" means supplemental |
general State aid funding received by an Organizational | ||
Organization Unit during the 2016-2017 school year | ||
pursuant to subsection (H) of Section 18-8.05 of this Code | ||
(now repealed). | ||
"State Adequacy Level" is the sum of the Adequacy | ||
Targets of all Organizational Units. | ||
"State Board" means the State Board of Education. | ||
"State Superintendent" means the State Superintendent | ||
of Education. | ||
"Statewide Weighted CWI" means a figure determined by | ||
multiplying each Organizational Unit CWI times the ASE for | ||
that Organizational Unit creating a weighted value, | ||
summing all Organizational Units' Unit's weighted values, | ||
and dividing by the total ASE of all Organizational Units, | ||
thereby creating an average weighted index. | ||
"Student activities" means non-credit producing | ||
after-school programs, including, but not limited to, | ||
clubs, bands, sports, and other activities authorized by | ||
the school board of the Organizational Unit. | ||
"Substitute teacher" means an individual teacher or | ||
teaching assistant who is employed by an Organizational | ||
Unit and is temporarily serving the Organizational Unit on | ||
a per diem or per period-assignment basis to replace | ||
replacing another staff member. | ||
"Summer school" means academic and enrichment programs | ||
provided to students during the summer months outside of |
the regular school year. | ||
"Supervisory aide" means a non-licensed staff member | ||
who helps in supervising students of an Organizational | ||
Unit, but does so outside of the classroom, in situations | ||
such as, but not limited to, monitoring hallways and | ||
playgrounds, supervising lunchrooms, or supervising | ||
students when being transported in buses serving the | ||
Organizational Unit. | ||
"Target Ratio" is defined in paragraph (4) of | ||
subsection (g). | ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||
in paragraph (3) of subsection (g). | ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||
Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate | ||
Funding" are defined in paragraph (1) of subsection (g). | ||
(b) Adequacy Target calculation. | ||
(1) Each Organizational Unit's Adequacy Target is the | ||
sum of the Organizational Unit's cost of providing | ||
Essential Elements, as calculated in accordance with this | ||
subsection (b), with the salary amounts in the Essential | ||
Elements multiplied by a Regionalization Factor calculated | ||
pursuant to paragraph (3) of this subsection (b). | ||
(2) The Essential Elements are attributable on a pro | ||
rata basis related to defined subgroups of the ASE of each | ||
Organizational Unit as specified in this paragraph (2), | ||
with investments and FTE positions pro rata funded based on |
ASE counts in excess or less than the thresholds set forth | ||
in this paragraph (2). The method for calculating | ||
attributable pro rata costs and the defined subgroups | ||
thereto are as follows: | ||
(A) Core class size investments. Each | ||
Organizational Unit shall receive the funding required | ||
to support that number of FTE core teacher positions as | ||
is needed to keep the respective class sizes of the | ||
Organizational Unit to the following maximum numbers: | ||
(i) For grades kindergarten through 3, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
15 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 20 | ||
non-Low-Income Count students in those grades. | ||
(ii) For grades 4 through 12, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
20 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 25 | ||
non-Low-Income Count students in those grades. | ||
The number of non-Low-Income Count students in a | ||
grade shall be determined by subtracting the | ||
Low-Income students in that grade from the ASE of the | ||
Organizational Unit for that grade. | ||
(B) Specialist teacher investments. Each |
Organizational Unit shall receive the funding needed | ||
to cover that number of FTE specialist teacher | ||
positions that correspond to the following | ||
percentages: | ||
(i) if the Organizational Unit operates an | ||
elementary or middle school, then 20.00% of the | ||
number of the Organizational Unit's core teachers, | ||
as determined under subparagraph (A) of this | ||
paragraph (2); and | ||
(ii) if such Organizational Unit operates a | ||
high school, then 33.33% of the number of the | ||
Organizational Unit's core teachers. | ||
(C) Instructional facilitator investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE instructional facilitator position | ||
for every 200 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students of the Organizational Unit. | ||
(D) Core intervention teacher (tutor) investments. | ||
Each Organizational Unit shall receive the funding | ||
needed to cover one FTE teacher position for each | ||
prototypical elementary, middle, and high school. | ||
(E) Substitute teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover substitute teacher costs that is equal to | ||
5.70% of the minimum pupil attendance days required |
under Section 10-19 of this Code for all full-time | ||
equivalent core, specialist, and intervention | ||
teachers, school nurses, special education teachers | ||
and instructional assistants, instructional | ||
facilitators, and summer school and extended day | ||
extended-day teacher positions, as determined under | ||
this paragraph (2), at a salary rate of 33.33% of the | ||
average salary for grade K through 12 teachers and | ||
33.33% of the average salary of each instructional | ||
assistant position. | ||
(F) Core guidance counselor investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE guidance counselor for each 450 | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 5 | ||
students, plus one FTE guidance counselor for each 250 | ||
grades 6 through 8 ASE middle school students, plus one | ||
FTE guidance counselor for each 250 grades 9 through 12 | ||
ASE high school students. | ||
(G) Nurse investments. Each Organizational Unit | ||
shall receive the funding needed to cover one FTE nurse | ||
for each 750 combined ASE of pre-kindergarten children | ||
with disabilities and all kindergarten through grade | ||
12 students across all grade levels it serves. | ||
(H) Supervisory aide investments. Each | ||
Organizational Unit shall receive the funding needed |
to cover one FTE for each 225 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE for | ||
each 225 ASE middle school students, plus one FTE for | ||
each 200 ASE high school students. | ||
(I) Librarian investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
librarian for each prototypical elementary school, | ||
middle school, and high school and one FTE aide or | ||
media technician for every 300 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students. | ||
(J) Principal investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
principal position for each prototypical elementary | ||
school, plus one FTE principal position for each | ||
prototypical middle school, plus one FTE principal | ||
position for each prototypical high school. | ||
(K) Assistant principal investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE assistant principal position for each | ||
prototypical elementary school, plus one FTE assistant | ||
principal position for each prototypical middle | ||
school, plus one FTE assistant principal position for | ||
each prototypical high school. | ||
(L) School site staff investments. Each |
Organizational Unit shall receive the funding needed | ||
for one FTE position for each 225 ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE | ||
position for each 225 ASE middle school students, plus | ||
one FTE position for each 200 ASE high school students. | ||
(M) Gifted investments. Each Organizational Unit | ||
shall receive $40 per kindergarten through grade 12 | ||
ASE. | ||
(N) Professional development investments. Each | ||
Organizational Unit shall receive $125 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for trainers and other professional | ||
development-related expenses for supplies and | ||
materials. | ||
(O) Instructional material investments. Each | ||
Organizational Unit shall receive $190 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover instructional material costs. | ||
(P) Assessment investments. Each Organizational | ||
Unit shall receive $25 per student of the combined ASE | ||
of pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students student to | ||
cover assessment costs. |
(Q) Computer technology and equipment investments. | ||
Each Organizational Unit shall receive $285.50 per | ||
student of the combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students to cover computer technology | ||
and equipment costs. For the 2018-2019 school year and | ||
subsequent school years, Organizational Units assigned | ||
to Tier 1 and Tier 2 in the prior school year shall | ||
receive an additional $285.50 per student of the | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover computer technology and equipment | ||
costs in the Organizational Organization Unit's | ||
Adequacy Target. The State Board may establish | ||
additional requirements for Organizational Unit | ||
expenditures of funds received pursuant to this | ||
subparagraph (Q), including a requirement that funds | ||
received pursuant to this subparagraph (Q) may be used | ||
only for serving the technology needs of the district. | ||
It is the intent of Public Act 100-465 this amendatory | ||
Act of the 100th General Assembly that all Tier 1 and | ||
Tier 2 districts receive the addition to their Adequacy | ||
Target in the following year, subject to compliance | ||
with the requirements of the State Board. | ||
(R) Student activities investments. Each | ||
Organizational Unit shall receive the following |
funding amounts to cover student activities: $100 per | ||
kindergarten through grade 5 ASE student in elementary | ||
school, plus $200 per ASE student in middle school, | ||
plus $675 per ASE student in high school. | ||
(S) Maintenance and operations investments. Each | ||
Organizational Unit shall receive $1,038 per student | ||
of the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for day-to-day maintenance and operations | ||
expenditures, including salary, supplies, and | ||
materials, as well as purchased services, but | ||
excluding employee benefits. The proportion of salary | ||
for the application of a Regionalization Factor and the | ||
calculation of benefits is equal to $352.92. | ||
(T) Central office investments. Each | ||
Organizational Unit shall receive $742 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover central office operations, including | ||
administrators and classified personnel charged with | ||
managing the instructional programs, business and | ||
operations of the school district, and security | ||
personnel. The proportion of salary for the | ||
application of a Regionalization Factor and the | ||
calculation of benefits is equal to $368.48. | ||
(U) Employee benefit investments. Each |
Organizational Unit shall receive 30% of the total of | ||
all salary-calculated elements of the Adequacy Target, | ||
excluding substitute teachers and student activities | ||
investments, to cover benefit costs. For central | ||
office and maintenance and operations investments, the | ||
benefit calculation shall be based upon the salary | ||
proportion of each investment. If at any time the | ||
responsibility for funding the employer normal cost of | ||
teacher pensions is assigned to school districts, then | ||
that amount certified by the Teachers' Retirement | ||
System of the State of Illinois to be paid by the | ||
Organizational Unit for the preceding school year | ||
shall be added to the benefit investment. For any | ||
fiscal year in which a school district organized under | ||
Article 34 of this Code is responsible for paying the | ||
employer normal cost of teacher pensions, then that | ||
amount of its employer normal cost plus the amount for | ||
retiree health insurance as certified by the Public | ||
School Teachers' Pension and Retirement Fund of | ||
Chicago to be paid by the school district for the | ||
preceding school year that is statutorily required to | ||
cover employer normal costs and the amount for retiree | ||
health insurance shall be added to the 30% specified in | ||
this subparagraph (U). The Teachers' Retirement System | ||
of the State of Illinois and the Public School | ||
Teachers' Pension and Retirement Fund of Chicago shall |
submit such information as the State Superintendent | ||
may require for the calculations set forth in this | ||
subparagraph (U). | ||
(V) Additional investments in low-income students. | ||
In addition to and not in lieu of all other funding | ||
under this paragraph (2), each Organizational Unit | ||
shall receive funding based on the average teacher | ||
salary for grades K through 12 to cover the costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 Low-Income Count students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 Low-Income Count students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 Low-Income Count students; and | ||
(iv) one FTE summer school teacher position | ||
for every 120 Low-Income Count students. | ||
(W) Additional investments in English learner | ||
students. In addition to and not in lieu of all other | ||
funding under this paragraph (2), each Organizational | ||
Unit shall receive funding based on the average teacher | ||
salary for grades K through 12 to cover the costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 English learner students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 English learner students; | ||
(iii) one FTE extended day teacher position |
for every 120 English learner students; | ||
(iv) one FTE summer school teacher position | ||
for every 120 English learner students; and | ||
(v) one FTE core teacher position for every 100 | ||
English learner students. | ||
(X) Special education investments. Each | ||
Organizational Unit shall receive funding based on the | ||
average teacher salary for grades K through 12 to cover | ||
special education as follows: | ||
(i) one FTE teacher position for every 141 | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; | ||
(ii) one FTE instructional assistant for every | ||
141 combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; and | ||
(iii) one FTE psychologist position for every | ||
1,000 combined ASE of pre-kindergarten children | ||
with disabilities and all kindergarten through | ||
grade 12 students. | ||
(3) For calculating the salaries included within the | ||
Essential Elements, the State Superintendent shall | ||
annually calculate average salaries to the nearest dollar | ||
using the employment information system data maintained by | ||
the State Board, limited to public schools only and |
excluding special education and vocational cooperatives, | ||
schools operated by the Department of Juvenile Justice, and | ||
charter schools, for the following positions: | ||
(A) Teacher for grades K through 8. | ||
(B) Teacher for grades 9 through 12. | ||
(C) Teacher for grades K through 12. | ||
(D) Guidance counselor for grades K through 8. | ||
(E) Guidance counselor for grades 9 through 12. | ||
(F) Guidance counselor for grades K through 12. | ||
(G) Social worker. | ||
(H) Psychologist. | ||
(I) Librarian. | ||
(J) Nurse. | ||
(K) Principal. | ||
(L) Assistant principal. | ||
For the purposes of this paragraph (3), "teacher" | ||
includes core teachers, specialist and elective teachers, | ||
instructional facilitators, tutors, special education | ||
teachers, pupil support staff teachers, English learner | ||
teachers, extended day extended-day teachers, and summer | ||
school teachers. Where specific grade data is not required | ||
for the Essential Elements, the average salary for | ||
corresponding positions shall apply. For substitute | ||
teachers, the average teacher salary for grades K through | ||
12 shall apply. | ||
For calculating the salaries included within the |
Essential Elements for positions not included within EIS | ||
Data, the following salaries shall be used in the first | ||
year of implementation of Evidence-Based Funding: | ||
(i) school site staff, $30,000; and | ||
(ii) non-instructional assistant, instructional | ||
assistant, library aide, library media tech, or | ||
supervisory aide: $25,000. | ||
In the second and subsequent years of implementation of | ||
Evidence-Based Funding, the amounts in items (i) and (ii) | ||
of this paragraph (3) shall annually increase by the ECI. | ||
The salary amounts for the Essential Elements | ||
determined pursuant to subparagraphs (A) through (L), (S) | ||
and (T), and (V) through (X) of paragraph (2) of subsection | ||
(b) of this Section shall be multiplied by a | ||
Regionalization Factor. | ||
(c) Local Capacity capacity calculation. | ||
(1) Each Organizational Unit's Local Capacity | ||
represents an amount of funding it is assumed to contribute | ||
toward its Adequacy Target for purposes of the | ||
Evidence-Based Funding formula calculation. "Local | ||
Capacity" means either (i) the Organizational Unit's Local | ||
Capacity Target as calculated in accordance with paragraph | ||
(2) of this subsection (c) if its Real Receipts are equal | ||
to or less than its Local Capacity Target or (ii) the | ||
Organizational Unit's Adjusted Local Capacity, as | ||
calculated in accordance with paragraph (3) of this |
subsection (c) if Real Receipts are more than its Local | ||
Capacity Target. | ||
(2) "Local Capacity Target" means, for an | ||
Organizational Unit, that dollar amount that is obtained by | ||
multiplying its Adequacy Target by its Local Capacity | ||
Ratio. | ||
(A) An Organizational Unit's Local Capacity | ||
Percentage is the conversion of the Organizational | ||
Unit's Local Capacity Ratio, as such ratio is | ||
determined in accordance with subparagraph (B) of this | ||
paragraph (2), into a cumulative distribution | ||
resulting in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The calculation of | ||
Local Capacity Percentage is described in subparagraph | ||
(C) of this paragraph (2). | ||
(B) An Organizational Unit's Local Capacity Ratio | ||
in a given year is the percentage obtained by dividing | ||
its Adjusted EAV or PTELL EAV, whichever is less, by | ||
its Adequacy Target, with the resulting ratio further | ||
adjusted as follows: | ||
(i) for Organizational Units serving grades | ||
kindergarten through 12 and Hybrid Districts, no | ||
further adjustments shall be made; | ||
(ii) for Organizational Units serving grades | ||
kindergarten through 8, the ratio shall be |
multiplied by 9/13; | ||
(iii) for Organizational Units serving grades | ||
9 through 12, the Local Capacity Ratio shall be | ||
multiplied by 4/13; and | ||
(iv) for an Organizational Unit with a | ||
different grade configuration than those specified | ||
in items (i) through (iii) of this subparagraph | ||
(B), the State Superintendent shall determine a | ||
comparable adjustment based on the grades served. | ||
(C) The Local Capacity Percentage is equal to the | ||
percentile ranking of the district. Local Capacity | ||
Percentage converts each Organizational Unit's Local | ||
Capacity Ratio to a cumulative distribution resulting | ||
in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The Local Capacity | ||
Percentage cumulative distribution resulting in a | ||
percentile ranking for each Organizational Unit shall | ||
be calculated using the standard normal distribution | ||
of the score in relation to the weighted mean and | ||
weighted standard deviation and Local Capacity Ratios | ||
of all Organizational Units. If the value assigned to | ||
any Organizational Unit is in excess of 90%, the value | ||
shall be adjusted to 90%. For Laboratory Schools, the | ||
Local Capacity Percentage shall be set at 10% in
| ||
recognition of the absence of EAV and resources from |
the public university that are allocated to
the | ||
Laboratory School. For programs operated by a regional | ||
office of education or an intermediate service center, | ||
the Local Capacity Percentage must be set at 10% in | ||
recognition of the absence of EAV and resources from | ||
school districts that are allocated to the regional | ||
office of education or intermediate service center. | ||
The weighted mean for the Local Capacity Percentage | ||
shall be determined by multiplying each Organizational | ||
Unit's Local Capacity Ratio times the ASE for the unit | ||
creating a weighted value, summing the weighted values | ||
of all Organizational Units, and dividing by the total | ||
ASE of all Organizational Units. The weighted standard | ||
deviation shall be determined by taking the square root | ||
of the weighted variance of all Organizational Units' | ||
Local Capacity Ratio, where the variance is calculated | ||
by squaring the difference between each unit's Local | ||
Capacity Ratio and the weighted mean, then multiplying | ||
the variance for each unit times the ASE for the unit | ||
to create a weighted variance for each unit, then | ||
summing all units' weighted variance and dividing by | ||
the total ASE of all units. | ||
(D) For any Organizational Unit, the | ||
Organizational Unit's Adjusted Local Capacity Target | ||
shall be reduced by either (i) the school board's | ||
remaining contribution pursuant to paragraph (ii) of |
subsection (b-4) of Section 16-158 of the Illinois | ||
Pension Code in a given year , or (ii) the board of | ||
education's remaining contribution pursuant to | ||
paragraph (iv) of subsection (b) of Section 17-129 of | ||
the Illinois Pension Code absent the employer normal | ||
cost portion of the required contribution and amount | ||
allowed pursuant to subdivision (3) of Section | ||
17-142.1 of the Illinois Pension Code in a given year. | ||
In the preceding sentence, item (i) shall be certified | ||
to the State Board of Education by the Teachers' | ||
Retirement System of the State of Illinois and item | ||
(ii) shall be certified to the State Board of Education | ||
by the Public School Teachers' Pension and Retirement | ||
Fund of the City of Chicago. | ||
(3) If an Organizational Unit's Real Receipts are more | ||
than its Local Capacity Target, then its Local Capacity | ||
shall equal an Adjusted Local Capacity Target as calculated | ||
in accordance with this paragraph (3). The Adjusted Local | ||
Capacity Target is calculated as the sum of the | ||
Organizational Unit's Local Capacity Target and its Real | ||
Receipts Adjustment. The Real Receipts Adjustment equals | ||
the Organizational Unit's Real Receipts less its Local | ||
Capacity Target, with the resulting figure multiplied by | ||
the Local Capacity Percentage. | ||
As used in this paragraph (3), "Real Percent of | ||
Adequacy" means the sum of an Organizational Unit's Real |
Receipts, CPPRT, and Base Funding Minimum, with the | ||
resulting figure divided by the Organizational Unit's | ||
Adequacy Target. | ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for | ||
purposes of the Local Capacity calculation. | ||
(1) An Organizational Unit's Real Receipts are the | ||
product of its Applicable Tax Rate and its Adjusted EAV. An | ||
Organizational Unit's Applicable Tax Rate is its Adjusted | ||
Operating Tax Rate for property within the Organizational | ||
Unit. | ||
(2) The State Superintendent shall calculate the | ||
equalized assessed valuation Equalized Assessed Valuation , | ||
or EAV, of all taxable property of each Organizational Unit | ||
as of September 30 of the previous year in accordance with | ||
paragraph (3) of this subsection (d). The State | ||
Superintendent shall then determine the Adjusted EAV of | ||
each Organizational Unit in accordance with paragraph (4) | ||
of this subsection (d), which Adjusted EAV figure shall be | ||
used for the purposes of calculating Local Capacity. | ||
(3) To calculate Real Receipts and EAV, the Department | ||
of Revenue shall supply to the State Superintendent the | ||
value as equalized or assessed by the Department of Revenue | ||
of all taxable property of every Organizational Unit, | ||
together with (i) the applicable tax rate used in extending | ||
taxes for the funds of the Organizational Unit as of | ||
September 30 of the previous year and (ii) the limiting |
rate for all Organizational Units subject to property tax | ||
extension limitations as imposed under PTELL. | ||
(A) The Department of Revenue shall add to the | ||
equalized assessed value of all taxable property of | ||
each Organizational Unit situated entirely or | ||
partially within a county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code (i) an amount equal to the total amount by | ||
which the homestead exemption allowed under Section | ||
15-176 or 15-177 of the Property Tax Code for real | ||
property situated in that Organizational Unit exceeds | ||
the total amount that would have been allowed in that | ||
Organizational Unit if the maximum reduction under | ||
Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||
in all other counties in tax year 2003 or (II) $5,000 | ||
in all counties in tax year 2004 and thereafter and | ||
(ii) an amount equal to the aggregate amount for the | ||
taxable year of all additional exemptions under | ||
Section 15-175 of the Property Tax Code for owners with | ||
a household income of $30,000 or less. The county clerk | ||
of any county that is or was subject to the provisions | ||
of Section 15-176 or 15-177 of the Property Tax Code | ||
shall annually calculate and certify to the Department | ||
of Revenue for each Organizational Unit all homestead | ||
exemption amounts under Section 15-176 or 15-177 of the | ||
Property Tax Code and all amounts of additional |
exemptions under Section 15-175 of the Property Tax | ||
Code for owners with a household income of $30,000 or | ||
less. It is the intent of this subparagraph (A) that if | ||
the general homestead exemption for a parcel of | ||
property is determined under Section 15-176 or 15-177 | ||
of the Property Tax Code rather than Section 15-175, | ||
then the calculation of EAV shall not be affected by | ||
the difference, if any, between the amount of the | ||
general homestead exemption allowed for that parcel of | ||
property under Section 15-176 or 15-177 of the Property | ||
Tax Code and the amount that would have been allowed | ||
had the general homestead exemption for that parcel of | ||
property been determined under Section 15-175 of the | ||
Property Tax Code. It is further the intent of this | ||
subparagraph (A) that if additional exemptions are | ||
allowed under Section 15-175 of the Property Tax Code | ||
for owners with a household income of less than | ||
$30,000, then the calculation of EAV shall not be | ||
affected by the difference, if any, because of those | ||
additional exemptions. | ||
(B) With respect to any part of an Organizational | ||
Unit within a redevelopment project area in respect to | ||
which a municipality has adopted tax increment | ||
allocation financing pursuant to the Tax Increment | ||
Allocation Redevelopment Act, Division 74.4 of Article | ||
11 of the Illinois Municipal Code, or the Industrial |
Jobs Recovery Law, Division 74.6 of Article 11 of the | ||
Illinois Municipal Code, no part of the current EAV of | ||
real property located in any such project area that | ||
which is attributable to an increase above the total | ||
initial EAV of such property shall be used as part of | ||
the EAV of the Organizational Unit, until such time as | ||
all redevelopment project costs have been paid, as | ||
provided in Section 11-74.4-8 of the Tax Increment | ||
Allocation Redevelopment Act or in Section 11-74.6-35 | ||
of the Industrial Jobs Recovery Law. For the purpose of | ||
the EAV of the Organizational Unit, the total initial | ||
EAV or the current EAV, whichever is lower, shall be | ||
used until such time as all redevelopment project costs | ||
have been paid. | ||
(B-5) The real property equalized assessed | ||
valuation for a school district shall be adjusted by | ||
subtracting from the real property value, as equalized | ||
or assessed by the Department of Revenue, for the | ||
district an amount computed by dividing the amount of | ||
any abatement of taxes under Section 18-170 of the | ||
Property Tax Code by 3.00% for a district maintaining | ||
grades kindergarten through 12, by 2.30% for a district | ||
maintaining grades kindergarten through 8, or by 1.05% | ||
for a district maintaining grades 9 through 12 and | ||
adjusted by an amount computed by dividing the amount | ||
of any abatement of taxes under subsection (a) of |
Section 18-165 of the Property Tax Code by the same | ||
percentage rates for district type as specified in this | ||
subparagraph (B-5). | ||
(C) For Organizational Units that are Hybrid | ||
Districts, the State Superintendent shall use the | ||
lesser of the adjusted equalized assessed valuation | ||
for property within the partial elementary unit | ||
district for elementary purposes, as defined in | ||
Article 11E of this Code, or the adjusted equalized | ||
assessed valuation for property within the partial | ||
elementary unit district for high school purposes, as | ||
defined in Article 11E of this Code. | ||
(4) An Organizational Unit's Adjusted EAV shall be the | ||
average of its EAV over the immediately preceding 3 years | ||
or its EAV in the immediately preceding year if the EAV in | ||
the immediately preceding year has declined by 10% or more | ||
compared to the 3-year average. In the event of | ||
Organizational Unit reorganization, consolidation, or | ||
annexation, the Organizational Unit's Adjusted EAV for the | ||
first 3 years after such change shall be as follows: the | ||
most current EAV shall be used in the first year, the | ||
average of a 2-year EAV or its EAV in the immediately | ||
preceding year if the EAV declines by 10% or more compared | ||
to the 2-year average for the second year, and a 3-year | ||
average EAV or its EAV in the immediately preceding year if | ||
the Adjusted adjusted EAV declines by 10% or more compared |
to the 3-year average for the third year. For any school | ||
district whose EAV in the immediately preceding year is | ||
used in calculations, in the following year, the Adjusted | ||
EAV shall be the average of its EAV over the immediately | ||
preceding 2 years or the immediately preceding year if that | ||
year represents a decline of 10% or more compared to the | ||
2-year average. | ||
"PTELL EAV" means a figure calculated by the State | ||
Board for Organizational Units subject to PTELL as | ||
described in this paragraph (4) for the purposes of | ||
calculating an Organizational Unit's Local Capacity Ratio. | ||
Except as otherwise provided in this paragraph (4), the | ||
PTELL EAV of an Organizational Unit shall be equal to the | ||
product of the equalized assessed valuation last used in | ||
the calculation of general State aid under Section 18-8.05 | ||
of this Code (now repealed) or Evidence-Based Funding under | ||
this Section and the Organizational Unit's Extension | ||
Limitation Ratio. If an Organizational Unit has approved or | ||
does approve an increase in its limiting rate, pursuant to | ||
Section 18-190 of the Property Tax Code, affecting the Base | ||
Tax Year, the PTELL EAV shall be equal to the product of | ||
the equalized assessed valuation last used in the | ||
calculation of general State aid under Section 18-8.05 of | ||
this Code (now repealed) or Evidence-Based Funding under | ||
this Section multiplied by an amount equal to one plus the | ||
percentage increase, if any, in the Consumer Price Index |
for All Urban Consumers for all items published by the | ||
United States Department of Labor for the 12-month calendar | ||
year preceding the Base Tax Year, plus the equalized | ||
assessed valuation of new property, annexed property, and | ||
recovered tax increment value and minus the equalized | ||
assessed valuation of disconnected property. | ||
As used in this paragraph (4), "new property" and | ||
"recovered tax increment value" shall have the meanings set | ||
forth in the Property Tax Extension Limitation Law. | ||
(e) Base Funding Minimum calculation. | ||
(1) For the 2017-2018 school year, the Base Funding | ||
Minimum of an Organizational Unit or a Specially Funded | ||
Unit shall be the amount of State funds distributed to the | ||
Organizational Unit or Specially Funded Unit during the | ||
2016-2017 school year prior to any adjustments and | ||
specified appropriation amounts described in this | ||
paragraph (1) from the following Sections, as calculated by | ||
the State Superintendent: Section 18-8.05 of this Code (now | ||
repealed); Section 5 of Article 224 of Public Act 99-524 | ||
(equity grants); Section 14-7.02b of this Code (funding for | ||
children requiring special education services); Section | ||
14-13.01 of this Code (special education facilities and | ||
staffing), except for reimbursement of the cost of | ||
transportation pursuant to Section 14-13.01; Section | ||
14C-12 of this Code (English learners); and Section 18-4.3 | ||
of this Code (summer school), based on an appropriation |
level of $13,121,600. For a school district organized under | ||
Article 34 of this Code, the Base Funding Minimum also | ||
includes (i) the funds allocated to the school district | ||
pursuant to Section 1D-1 of this Code attributable to | ||
funding programs authorized by the Sections of this Code | ||
listed in the preceding sentence ; and (ii) the difference | ||
between (I) the funds allocated to the school district | ||
pursuant to Section 1D-1 of this Code attributable to the | ||
funding programs authorized by Section 14-7.02 (non-public | ||
special education reimbursement), subsection (b) of | ||
Section 14-13.01 (special education transportation), | ||
Section 29-5 (transportation), Section 2-3.80 | ||
(agricultural education), Section 2-3.66 (truants' | ||
alternative education), Section 2-3.62 (educational | ||
service centers), and Section 14-7.03 (special education - | ||
orphanage) of this Code and Section 15 of the Childhood | ||
Hunger Relief Act (free breakfast program) and (II) the | ||
school district's actual expenditures for its non-public | ||
special education, special education transportation, | ||
transportation programs, agricultural education, truants' | ||
alternative education, services that would otherwise be | ||
performed by a regional office of education, special | ||
education orphanage expenditures, and free breakfast, as | ||
most recently calculated and reported pursuant to | ||
subsection (f) of Section 1D-1 of this Code. The Base | ||
Funding Minimum for Glenwood Academy shall be $625,500. For |
programs operated by a regional office of education or an | ||
intermediate service center, the Base Funding Minimum must | ||
be the total amount of State funds allocated to those | ||
programs in the 2018-2019 school year and amounts provided | ||
pursuant to Article 34 of Public Act 100-586 and Section | ||
3-16 of this Code. All programs established after June 5, | ||
2019 ( the effective date of Public Act 101-10) this | ||
amendatory Act of the 101st General Assembly and | ||
administered by a regional office of education or an | ||
intermediate service center must have an initial Base | ||
Funding Minimum set to an amount equal to the first-year | ||
ASE multiplied by the amount of per pupil funding received | ||
in the previous school year by the lowest funded similar | ||
existing program type. If the enrollment for a program | ||
operated by a regional office of education or an | ||
intermediate service center is zero, then it may not | ||
receive Base Funding Minimum funds for that program in the | ||
next fiscal year, and those funds must be distributed to | ||
Organizational Units under subsection (g). | ||
(2) For the 2018-2019 and subsequent school years, the | ||
Base Funding Minimum of Organizational Units and Specially | ||
Funded Units shall be the sum of (i) the amount of | ||
Evidence-Based Funding for the prior school year, (ii) the | ||
Base Funding Minimum for the prior school year, and (iii) | ||
any amount received by a school district pursuant to | ||
Section 7 of Article 97 of Public Act 100-21. |
(3) Subject to approval by the General Assembly as | ||
provided in this paragraph (3), an Organizational Unit that | ||
meets all of the following criteria, as determined by the | ||
State Board, shall have District Intervention Money added | ||
to its Base Funding Minimum at the time the Base Funding | ||
Minimum is calculated by the State Board: | ||
(A) The Organizational Unit is operating under an | ||
Independent Authority under Section 2-3.25f-5 of this | ||
Code for a minimum of 4 school years or is subject to | ||
the control of the State Board pursuant to a court | ||
order for a minimum of 4 school years. | ||
(B) The Organizational Unit was designated as a | ||
Tier 1 or Tier 2 Organizational Unit in the previous | ||
school year under paragraph (3) of subsection (g) of | ||
this Section. | ||
(C) The Organizational Unit demonstrates | ||
sustainability through a 5-year financial and | ||
strategic plan. | ||
(D) The Organizational Unit has made sufficient | ||
progress and achieved sufficient stability in the | ||
areas of governance, academic growth, and finances. | ||
As part of its determination under this paragraph (3), | ||
the State Board may consider the Organizational Unit's | ||
summative designation, any accreditations of the | ||
Organizational Unit, or the Organizational Unit's | ||
financial profile, as calculated by the State Board. |
If the State Board determines that an Organizational | ||
Unit has met the criteria set forth in this paragraph (3), | ||
it must submit a report to the General Assembly, no later | ||
than January 2 of the fiscal year in which the State Board | ||
makes it determination, on the amount of District | ||
Intervention Money to add to the Organizational Unit's Base | ||
Funding Minimum. The General Assembly must review the State | ||
Board's report and may approve or disapprove, by joint | ||
resolution, the addition of District Intervention Money. | ||
If the General Assembly fails to act on the report within | ||
40 calendar days from the receipt of the report, the | ||
addition of District Intervention Money is deemed | ||
approved. If the General Assembly approves the amount of | ||
District Intervention Money to be added to the | ||
Organizational Unit's Base Funding Minimum, the District | ||
Intervention Money must be added to the Base Funding | ||
Minimum annually thereafter. | ||
For the first 4 years following the initial year that | ||
the State Board determines that an Organizational Unit has | ||
met the criteria set forth in this paragraph (3) and has | ||
received funding under this Section, the Organizational | ||
Unit must annually submit to the State Board, on or before | ||
November 30, a progress report regarding its financial and | ||
strategic plan under subparagraph (C) of this paragraph | ||
(3). The plan shall include the financial data from the | ||
past 4 annual financial reports or financial audits that |
must be presented to the State Board by November 15 of each | ||
year and the approved budget financial data for the current | ||
year. The plan shall be developed according to the | ||
guidelines presented to the Organizational Unit by the | ||
State Board. The plan shall further include financial | ||
projections for the next 3 fiscal years and include a | ||
discussion and financial summary of the Organizational | ||
Unit's facility needs. If the Organizational Unit does not | ||
demonstrate sufficient progress toward its 5-year plan or | ||
if it has failed to file an annual financial report, an | ||
annual budget, a financial plan, a deficit reduction plan, | ||
or other financial information as required by law, the | ||
State Board may establish a Financial Oversight Panel under | ||
Article 1H of this Code. However, if the Organizational | ||
Unit already has a Financial Oversight Panel, the State | ||
Board may extend the duration of the Panel. | ||
(f) Percent of Adequacy and Final Resources calculation. | ||
(1) The Evidence-Based Funding formula establishes a | ||
Percent of Adequacy for each Organizational Unit in order | ||
to place such units into tiers for the purposes of the | ||
funding distribution system described in subsection (g) of | ||
this Section. Initially, an Organizational Unit's | ||
Preliminary Resources and Preliminary Percent of Adequacy | ||
are calculated pursuant to paragraph (2) of this subsection | ||
(f). Then, an Organizational Unit's Final Resources and | ||
Final Percent of Adequacy are calculated to account for the |
Organizational Unit's poverty concentration levels | ||
pursuant to paragraphs (3) and (4) of this subsection (f). | ||
(2) An Organizational Unit's Preliminary Resources are | ||
equal to the sum of its Local Capacity Target, CPPRT, and | ||
Base Funding Minimum. An Organizational Unit's Preliminary | ||
Percent of Adequacy is the lesser of (i) its Preliminary | ||
Resources divided by its Adequacy Target or (ii) 100%. | ||
(3) Except for Specially Funded Units, an | ||
Organizational Unit's Final Resources are equal the sum of | ||
its Local Capacity, CPPRT, and Adjusted Base Funding | ||
Minimum. The Base Funding Minimum of each Specially Funded | ||
Unit shall serve as its Final Resources, except that the | ||
Base Funding Minimum for State-approved charter schools | ||
shall not include any portion of general State aid | ||
allocated in the prior year based on the per capita tuition | ||
charge times the charter school enrollment. | ||
(4) An Organizational Unit's Final Percent of Adequacy | ||
is its Final Resources divided by its Adequacy Target. An | ||
Organizational Unit's Adjusted Base Funding Minimum is | ||
equal to its Base Funding Minimum less its Supplemental | ||
Grant Funding, with the resulting figure added to the | ||
product of its Supplemental Grant Funding and Preliminary | ||
Percent of Adequacy. | ||
(g) Evidence-Based Funding formula distribution system. | ||
(1) In each school year under the Evidence-Based | ||
Funding formula, each Organizational Unit receives funding |
equal to the sum of its Base Funding Minimum and the unit's | ||
allocation of New State Funds determined pursuant to this | ||
subsection (g). To allocate New State Funds, the | ||
Evidence-Based Funding formula distribution system first | ||
places all Organizational Units into one of 4 tiers in | ||
accordance with paragraph (3) of this subsection (g), based | ||
on the Organizational Unit's Final Percent of Adequacy. New | ||
State Funds are allocated to each of the 4 tiers as | ||
follows: Tier 1 Aggregate Funding equals 50% of all New | ||
State Funds, Tier 2 Aggregate Funding equals 49% of all New | ||
State Funds, Tier 3 Aggregate Funding equals 0.9% of all | ||
New State Funds, and Tier 4 Aggregate Funding equals 0.1% | ||
of all New State Funds. Each Organizational Unit within | ||
Tier 1 or Tier 2 receives an allocation of New State Funds | ||
equal to its tier Funding Gap, as defined in the following | ||
sentence, multiplied by the tier's Allocation Rate | ||
determined pursuant to paragraph (4) of this subsection | ||
(g). For Tier 1, an Organizational Unit's Funding Gap | ||
equals the tier's Target Ratio, as specified in paragraph | ||
(5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final | ||
Resources. For Tier 2, an Organizational Unit's Funding Gap | ||
equals the tier's Target Ratio, as described in paragraph | ||
(5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting |
amount reduced by the Organizational Unit's Final | ||
Resources and its Tier 1 funding allocation. To determine | ||
the Organizational Unit's Funding Gap, the resulting | ||
amount is then multiplied by a factor equal to one minus | ||
the Organizational Unit's Local Capacity Target | ||
percentage. Each Organizational Unit within Tier 3 or Tier | ||
4 receives an allocation of New State Funds equal to the | ||
product of its Adequacy Target and the tier's Allocation | ||
Rate, as specified in paragraph (4) of this subsection (g). | ||
(2) To ensure equitable distribution of dollars for all | ||
Tier 2 Organizational Units, no Tier 2 Organizational Unit | ||
shall receive fewer dollars per ASE than any Tier 3 | ||
Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||
Unit shall have its funding allocation divided by its ASE. | ||
Any Tier 2 Organizational Unit with a funding allocation | ||
per ASE below the greatest Tier 3 allocation per ASE shall | ||
get a funding allocation equal to the greatest Tier 3 | ||
funding allocation per ASE multiplied by the | ||
Organizational Unit's ASE. Each Tier 2 Organizational | ||
Unit's Tier 2 funding allocation shall be multiplied by the | ||
percentage calculated by dividing the original Tier 2 | ||
Aggregate Funding by the sum of all Tier 2 Organizational | ||
Units' Unit's Tier 2 funding allocation after adjusting | ||
districts' funding below Tier 3 levels. | ||
(3) Organizational Units are placed into one of 4 tiers | ||
as follows: |
(A) Tier 1 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||
Target Ratio is the ratio level that allows for Tier 1 | ||
Aggregate Funding to be distributed, with the Tier 1 | ||
Allocation Rate determined pursuant to paragraph (4) | ||
of this subsection (g). | ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
other Organizational Units, except for Specially | ||
Funded Units, with a Percent of Adequacy of less than | ||
0.90. | ||
(C) Tier 3 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy of at least 0.90 and less than 1.0. | ||
(D) Tier 4 consists of all Organizational Units | ||
with a Percent of Adequacy of at least 1.0. | ||
(4) The Allocation Rates for Tiers 1 through 4 are is | ||
determined as follows: | ||
(A) The Tier 1 Allocation Rate is 30%. | ||
(B) The Tier 2 Allocation Rate is the result of the | ||
following equation: Tier 2 Aggregate Funding, divided | ||
by the sum of the Funding Gaps for all Tier 2 | ||
Organizational Units, unless the result of such | ||
equation is higher than 1.0. If the result of such | ||
equation is higher than 1.0, then the Tier 2 Allocation | ||
Rate is 1.0. |
(C) The Tier 3 Allocation Rate is the result of the | ||
following equation: Tier 3
Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 3 | ||
Organizational
Units. | ||
(D) The Tier 4 Allocation Rate is the result of the | ||
following equation: Tier 4
Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 4 | ||
Organizational
Units. | ||
(5) A tier's Target Ratio is determined as follows: | ||
(A) The Tier 1 Target Ratio is the ratio level that | ||
allows for Tier 1 Aggregate Funding to be distributed | ||
with the Tier 1 Allocation Rate. | ||
(B) The Tier 2 Target Ratio is 0.90. | ||
(C) The Tier 3 Target Ratio is 1.0. | ||
(6) If, at any point, the Tier 1 Target Ratio is | ||
greater than 90%, than all Tier 1 funding shall be | ||
allocated to Tier 2 and no Tier 1 Organizational Unit's | ||
funding may be identified. | ||
(7) In the event that all Tier 2 Organizational Units | ||
receive funding at the Tier 2 Target Ratio level, any | ||
remaining New State Funds shall be allocated to Tier 3 and | ||
Tier 4 Organizational Units. | ||
(8) If any Specially Funded Units, excluding Glenwood | ||
Academy, recognized by the State Board do not qualify for | ||
direct funding following the implementation of Public Act | ||
100-465 this amendatory Act of the 100th General Assembly |
from any of the funding sources included within the | ||
definition of Base Funding Minimum, the unqualified | ||
portion of the Base Funding Minimum shall be transferred to | ||
one or more appropriate Organizational Units as determined | ||
by the State Superintendent based on the prior year ASE of | ||
the Organizational Units. | ||
(8.5) If a school district withdraws from a special | ||
education cooperative, the portion of the Base Funding | ||
Minimum that is attributable to the school district may be | ||
redistributed to the school district upon withdrawal. The | ||
school district and the cooperative must include the amount | ||
of the Base Funding Minimum that is to be reapportioned | ||
re-apportioned in their withdrawal agreement and notify | ||
the State Board of the change with a copy of the agreement | ||
upon withdrawal. | ||
(9) The Minimum Funding Level is intended to establish | ||
a target for State funding that will keep pace with | ||
inflation and continue to advance equity through the | ||
Evidence-Based Funding formula. The target for State | ||
funding of New Property Tax Relief Pool Funds is | ||
$50,000,000 for State fiscal year 2019 and subsequent State | ||
fiscal years. The Minimum Funding Level is equal to | ||
$350,000,000. In addition to any New State Funds, no more | ||
than $50,000,000 New Property Tax Relief Pool Funds may be | ||
counted toward towards the Minimum Funding Level. If the | ||
sum of New State Funds and applicable New Property Tax |
Relief Pool Funds are less than the Minimum Funding Level, | ||
than funding for tiers shall be reduced in the following | ||
manner: | ||
(A) First, Tier 4 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds until such time as | ||
Tier 4 funding is exhausted. | ||
(B) Next, Tier 3 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 funding until such time as Tier 3 funding is | ||
exhausted. | ||
(C) Next, Tier 2 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level level and New new State Funds and the | ||
reduction in Tier 4 and Tier 3. | ||
(D) Finally, Tier 1 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding level and New State Funds and the reduction in | ||
Tier 2, 3, and 4 funding. In addition, the Allocation | ||
Rate for Tier 1 shall be reduced to a percentage equal | ||
to the Tier 1 Allocation Rate allocation rate set by | ||
paragraph (4) of this subsection (g), multiplied by the | ||
result of New State Funds divided by the Minimum | ||
Funding Level. | ||
(9.5) For State fiscal year 2019 and subsequent State |
fiscal years, if New State Funds exceed $300,000,000, then | ||
any amount in excess of $300,000,000 shall be dedicated for | ||
purposes of Section 2-3.170 of this Code up to a maximum of | ||
$50,000,000. | ||
(10) In the event of a decrease in the amount of the | ||
appropriation for this Section in any fiscal year after | ||
implementation of this Section, the Organizational Units | ||
receiving Tier 1 and Tier 2 funding, as determined under | ||
paragraph (3) of this subsection (g), shall be held | ||
harmless by establishing a Base Funding Guarantee equal to | ||
the per pupil kindergarten through grade 12 funding | ||
received in accordance with this Section in the prior | ||
fiscal year. Reductions shall be
made to the Base Funding | ||
Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||
per pupil basis equivalent to the total number of the ASE | ||
in Tier 3-funded and Tier 4-funded Organizational Units | ||
divided by the total reduction in State funding. The Base
| ||
Funding Minimum as reduced shall continue to be applied to | ||
Tier 3 and Tier 4
Organizational Units and adjusted by the | ||
relative formula when increases in
appropriations for this | ||
Section resume. In no event may State funding reductions to
| ||
Organizational Units in Tier 3 or Tier 4 exceed an amount | ||
that would be less than the
Base Funding Minimum | ||
established in the first year of implementation of this
| ||
Section. If additional reductions are required, all school | ||
districts shall receive a
reduction by a per pupil amount |
equal to the aggregate additional appropriation
reduction | ||
divided by the total ASE of all Organizational Units. | ||
(11) The State Superintendent shall make minor | ||
adjustments to the distribution formula set forth in this | ||
subsection (g) to account for the rounding of percentages | ||
to the nearest tenth of a percentage and dollar amounts to | ||
the nearest whole dollar. | ||
(h) State Superintendent administration of funding and | ||
district submission requirements. | ||
(1) The State Superintendent shall, in accordance with | ||
appropriations made by the General Assembly, meet the | ||
funding obligations created under this Section. | ||
(2) The State Superintendent shall calculate the | ||
Adequacy Target for each Organizational Unit and Net State | ||
Contribution Target for each Organizational Unit under | ||
this Section. No Evidence-Based Funding shall be | ||
distributed within an Organizational Unit without the | ||
approval of the unit's school board. | ||
(3) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the unit's aggregate | ||
financial adequacy amount, which shall be the sum of the | ||
Adequacy Target for each Organizational Unit. The State | ||
Superintendent shall calculate and report separately for | ||
each Organizational Unit the unit's total State funds | ||
allocated for its students with disabilities. The State | ||
Superintendent shall calculate and report separately for |
each Organizational Unit the amount of funding and | ||
applicable FTE calculated for each Essential Element of the | ||
unit's Adequacy Target. | ||
(4) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the amount the unit | ||
must expend on special education and bilingual education | ||
and computer technology and equipment for Organizational | ||
Units assigned to Tier 1 or Tier 2 that received an | ||
additional $285.50 per student computer technology and | ||
equipment investment grant to their Adequacy Target | ||
pursuant to the unit's Base Funding Minimum, Special | ||
Education Allocation, Bilingual Education Allocation, and | ||
computer technology and equipment investment allocation. | ||
(5) Moneys distributed under this Section shall be | ||
calculated on a school year basis, but paid on a fiscal | ||
year basis, with payments beginning in August and extending | ||
through June. Unless otherwise provided, the moneys | ||
appropriated for each fiscal year shall be distributed in | ||
22 equal payments at least 2 times monthly to each | ||
Organizational Unit. If moneys appropriated for any fiscal | ||
year are distributed other than monthly, the distribution | ||
shall be on the same basis for each Organizational Unit. | ||
(6) Any school district that fails, for any given | ||
school year, to maintain school as required by law or to | ||
maintain a recognized school is not eligible to receive | ||
Evidence-Based Funding. In case of non-recognition of one |
or more attendance centers in a school district otherwise | ||
operating recognized schools, the claim of the district | ||
shall be reduced in the proportion that the enrollment in | ||
the attendance center or centers bears to the enrollment of | ||
the school district. "Recognized school" means any public | ||
school that meets the standards for recognition by the | ||
State Board. A school district or attendance center not | ||
having recognition status at the end of a school term is | ||
entitled to receive State aid payments due upon a legal | ||
claim that was filed while it was recognized. | ||
(7) School district claims filed under this Section are | ||
subject to Sections 18-9 and 18-12 of this Code, except as | ||
otherwise provided in this Section. | ||
(8) Each fiscal year, the State Superintendent shall | ||
calculate for each Organizational Unit an amount of its | ||
Base Funding Minimum and Evidence-Based Funding that shall | ||
be deemed attributable to the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, in a manner that ensures compliance | ||
with maintenance of State financial support requirements | ||
under the federal Individuals with Disabilities Education | ||
Act. An Organizational Unit must use such funds only for | ||
the provision of special educational facilities and | ||
services, as defined in Section 14-1.08 of this Code, and | ||
must comply with any expenditure verification procedures | ||
adopted by the State Board. |
(9) All Organizational Units in this State must submit | ||
annual spending plans by the end of September of each year | ||
to the State Board as part of the annual budget process, | ||
which shall describe how each Organizational Unit will | ||
utilize the Base Funding Minimum Funding and | ||
Evidence-Based Funding funding it receives from this State | ||
under this Section with specific identification of the | ||
intended utilization of Low-Income, English learner, and | ||
special education resources. Additionally, the annual | ||
spending plans of each Organizational Unit shall describe | ||
how the Organizational Unit expects to achieve student | ||
growth and how the Organizational Unit will achieve State | ||
education goals, as defined by the State Board. The State | ||
Superintendent may, from time to time, identify additional | ||
requisites for Organizational Units to satisfy when | ||
compiling the annual spending plans required under this | ||
subsection (h). The format and scope of annual spending | ||
plans shall be developed by the State Superintendent and | ||
the State Board of Education. School districts that serve | ||
students under Article 14C of this Code shall continue to | ||
submit information as required under Section 14C-12 of this | ||
Code. | ||
(10) No later than January 1, 2018, the State | ||
Superintendent shall develop a 5-year strategic plan for | ||
all Organizational Units to help in planning for adequacy | ||
funding under this Section. The State Superintendent shall |
submit the plan to the Governor and the General Assembly, | ||
as provided in Section 3.1 of the General Assembly | ||
Organization Act. The plan shall include recommendations | ||
for: | ||
(A) a framework for collaborative, professional, | ||
innovative, and 21st century learning environments | ||
using the Evidence-Based Funding model; | ||
(B) ways to prepare and support this State's | ||
educators for successful instructional careers; | ||
(C) application and enhancement of the current | ||
financial accountability measures, the approved State | ||
plan to comply with the federal Every Student Succeeds | ||
Act, and the Illinois Balanced Accountability Measures | ||
in relation to student growth and elements of the | ||
Evidence-Based Funding model; and | ||
(D) implementation of an effective school adequacy | ||
funding system based on projected and recommended | ||
funding levels from the General Assembly. | ||
(11) On an annual basis, the State Superintendent
must | ||
recalibrate all of the following per pupil elements of the | ||
Adequacy Target and applied to the formulas, based on the | ||
study of average expenses and as reported in the most | ||
recent annual financial report: | ||
(A) Gifted under subparagraph (M) of paragraph
(2) | ||
of subsection (b). | ||
(B) Instructional materials under subparagraph
(O) |
of paragraph (2) of subsection (b). | ||
(C) Assessment under subparagraph (P) of
paragraph | ||
(2) of subsection (b). | ||
(D) Student activities under subparagraph (R) of
| ||
paragraph (2) of subsection (b). | ||
(E) Maintenance and operations under subparagraph
| ||
(S) of paragraph (2) of subsection (b). | ||
(F) Central office under subparagraph (T) of
| ||
paragraph (2) of subsection (b). | ||
(i) Professional Review Panel. | ||
(1) A Professional Review Panel is created to study and | ||
review topics related to the implementation and effect of | ||
Evidence-Based Funding, as assigned by a joint resolution | ||
or Public Act of the General Assembly or a motion passed by | ||
the State Board of Education. The Panel must provide | ||
recommendations to and serve the Governor, the General | ||
Assembly, and the State Board. The State Superintendent or | ||
his or her designee must serve as a voting member and | ||
chairperson of the Panel. The State Superintendent must | ||
appoint a vice chairperson from the membership of the | ||
Panel. The Panel must advance recommendations based on a | ||
three-fifths majority vote of Panel panel members present | ||
and voting. A minority opinion may also accompany any | ||
recommendation of the Panel. The Panel shall be appointed | ||
by the State Superintendent, except as otherwise provided | ||
in paragraph (2) of this subsection (i) and include the |
following members: | ||
(A) Two appointees that represent district | ||
superintendents, recommended by a statewide | ||
organization that represents district superintendents. | ||
(B) Two appointees that represent school boards, | ||
recommended by a statewide organization that | ||
represents school boards. | ||
(C) Two appointees from districts that represent | ||
school business officials, recommended by a statewide | ||
organization that represents school business | ||
officials. | ||
(D) Two appointees that represent school | ||
principals, recommended by a statewide organization | ||
that represents school principals. | ||
(E) Two appointees that represent teachers, | ||
recommended by a statewide organization that | ||
represents teachers. | ||
(F) Two appointees that represent teachers, | ||
recommended by another statewide organization that | ||
represents teachers. | ||
(G) Two appointees that represent regional | ||
superintendents of schools, recommended by | ||
organizations that represent regional superintendents. | ||
(H) Two independent experts selected solely by the | ||
State Superintendent. | ||
(I) Two independent experts recommended by public |
universities in this State. | ||
(J) One member recommended by a statewide | ||
organization that represents parents. | ||
(K) Two representatives recommended by collective | ||
impact organizations that represent major metropolitan | ||
areas or geographic areas in Illinois. | ||
(L) One member from a statewide organization | ||
focused on research-based education policy to support | ||
a school system that prepares all students for college, | ||
a career, and democratic citizenship. | ||
(M) One representative from a school district | ||
organized under Article 34 of this Code. | ||
The State Superintendent shall ensure that the | ||
membership of the Panel includes representatives from | ||
school districts and communities reflecting the | ||
geographic, socio-economic, racial, and ethnic diversity | ||
of this State. The State Superintendent shall additionally | ||
ensure that the membership of the Panel includes | ||
representatives with expertise in bilingual education and | ||
special education. Staff from the State Board shall staff | ||
the Panel. | ||
(2) In addition to those Panel members appointed by the | ||
State Superintendent, 4 members of the General Assembly | ||
shall be appointed as follows: one member of the House of | ||
Representatives appointed by the Speaker of the House of | ||
Representatives, one member of the Senate appointed by the |
President of the Senate, one member of the House of | ||
Representatives appointed by the Minority Leader of the | ||
House of Representatives, and one member of the Senate | ||
appointed by the Minority Leader of the Senate. There shall | ||
be one additional member appointed by the Governor. All | ||
members appointed by legislative leaders or the Governor | ||
shall be non-voting, ex officio members. | ||
(3) The Panel must study topics at the direction of the | ||
General Assembly or State Board of Education, as provided | ||
under paragraph (1). The Panel may also study the following | ||
topics at the direction of the chairperson: (4) | ||
(A) The format and scope of annual spending plans | ||
referenced in paragraph (9) of subsection (h) of this | ||
Section. | ||
(B) The Comparable Wage Index under this Section. | ||
(C) Maintenance and operations, including capital | ||
maintenance and construction costs. | ||
(D) "At-risk student" definition. | ||
(E) Benefits. | ||
(F) Technology. | ||
(G) Local Capacity Target. | ||
(H) Funding for Alternative Schools, Laboratory | ||
Schools, safe schools, and alternative learning | ||
opportunities programs. | ||
(I) Funding for college and career acceleration | ||
strategies. |
(J) Special education investments. | ||
(K) Early childhood investments, in collaboration | ||
with the Illinois Early Learning Council. | ||
(4) (Blank). | ||
(5) Within 5 years after the implementation of this | ||
Section, and every 5 years thereafter, the Panel shall | ||
complete an evaluative study of the entire Evidence-Based | ||
Funding model, including an assessment of whether or not | ||
the formula is achieving State goals. The Panel shall | ||
report to the State Board, the General Assembly, and the | ||
Governor on the findings of the study. | ||
(6) (Blank). | ||
(j) References. Beginning July 1, 2017, references in other | ||
laws to general State aid funds or calculations under Section | ||
18-8.05 of this Code (now repealed) shall be deemed to be | ||
references to evidence-based model formula funds or | ||
calculations under this Section.
| ||
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | ||
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff. | ||
6-14-19; revised 7-1-19.)
| ||
(105 ILCS 5/21A-5)
| ||
Sec. 21A-5. Definitions. In this Article:
| ||
"New teacher" means the holder of a professional educator | ||
license an Initial Teaching Certificate , as set
forth in | ||
Section 21B-20 21-2 of this Code, who is employed by a public |
school and who
has not previously participated in a new teacher | ||
induction and mentoring
program required by this Article, | ||
except as provided in Section 21A-25 of this
Code.
| ||
"Public school" means any school operating pursuant to the | ||
authority of
this Code, including without limitation a school | ||
district, a charter school, a
cooperative or joint agreement | ||
with a governing body or board of control, and a
school | ||
operated by a regional office of education or State agency.
| ||
(Source: P.A. 93-355, eff. 1-1-04.)
| ||
(105 ILCS 5/21A-30)
| ||
Sec. 21A-30. Evaluation of programs. The State Board of | ||
Education
and the State Educator Preparation and Licensure | ||
Teacher Certification Board shall jointly contract with an
| ||
independent party to conduct a comprehensive evaluation of new | ||
teacher
induction and mentoring programs established pursuant | ||
to this Article. The
first report of this evaluation shall be | ||
presented to the General Assembly on
or
before January 1, 2009. | ||
Subsequent evaluations shall be conducted and
reports | ||
presented to the General Assembly on or before January 1 of | ||
every
third year thereafter.
| ||
(Source: P.A. 93-355, eff. 1-1-04.)
| ||
(105 ILCS 5/21A-35)
| ||
Sec. 21A-35. Rules. The State Board of Education, in | ||
consultation with
the State Educator Preparation and Licensure |
Teacher Certification Board, shall adopt rules for the | ||
implementation
of this Article.
| ||
(Source: P.A. 93-355, eff. 1-1-04.)
| ||
(105 ILCS 5/21B-20) | ||
Sec. 21B-20. Types of licenses. The State Board of | ||
Education shall implement a system of educator licensure, | ||
whereby individuals employed in school districts who are | ||
required to be licensed must have one of the following | ||
licenses: (i) a professional educator license; (ii) an educator | ||
license with stipulations; (iii) a substitute teaching | ||
license; or (iv) until June 30, 2023, a short-term substitute | ||
teaching license. References in law regarding individuals | ||
certified or certificated or required to be certified or | ||
certificated under Article 21 of this Code shall also include | ||
individuals licensed or required to be licensed under this | ||
Article. The first year of all licenses ends on June 30 | ||
following one full year of the license being issued. | ||
The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to govern the requirements for | ||
licenses and endorsements under this Section. | ||
(1) Professional Educator License. Persons who (i) | ||
have successfully completed an approved educator | ||
preparation program and are recommended for licensure by | ||
the Illinois institution offering the educator preparation |
program, (ii) have successfully completed the required | ||
testing under Section 21B-30 of this Code, (iii) have | ||
successfully completed coursework on the psychology of, | ||
the identification of, and the methods of instruction for | ||
the exceptional child, including without limitation | ||
children with learning disabilities, (iv) have | ||
successfully completed coursework in methods of reading | ||
and reading in the content area, and (v) have met all other | ||
criteria established by rule of the State Board of | ||
Education shall be issued a Professional Educator License. | ||
All Professional Educator Licenses are valid until June 30 | ||
immediately following 5 years of the license being issued. | ||
The Professional Educator License shall be endorsed with | ||
specific areas and grade levels in which the individual is | ||
eligible to practice. For an early childhood education | ||
endorsement, an individual may satisfy the student | ||
teaching requirement of his or her early childhood teacher | ||
preparation program through placement in a setting with | ||
children from birth through grade 2, and the individual may | ||
be paid and receive credit while student teaching. The | ||
student teaching experience must meet the requirements of | ||
and be approved by the individual's early childhood teacher | ||
preparation program. | ||
Individuals can receive subsequent endorsements on the | ||
Professional Educator License. Subsequent endorsements | ||
shall require a minimum of 24 semester hours of coursework |
in the endorsement area and passage of the applicable | ||
content area test, unless otherwise specified by rule. | ||
(2) Educator License with Stipulations. An Educator | ||
License with Stipulations shall be issued an endorsement | ||
that limits the license holder to one particular position | ||
or does not require completion of an approved educator | ||
program or both. | ||
An individual with an Educator License with | ||
Stipulations must not be employed by a school district or | ||
any other entity to replace any presently employed teacher | ||
who otherwise would not be replaced for any reason. | ||
An Educator License with Stipulations may be issued | ||
with the following endorsements: | ||
(A) (Blank). | ||
(B) Alternative provisional educator. An | ||
alternative provisional educator endorsement on an | ||
Educator License with Stipulations may be issued to an | ||
applicant who, at the time of applying for the | ||
endorsement, has done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a | ||
bachelor's degree. | ||
(ii) Successfully completed the first phase of | ||
the Alternative Educator Licensure Program for | ||
Teachers, as described in Section 21B-50 of this | ||
Code. |
(iii) Passed a content area test, as required | ||
under Section 21B-30 of this Code. | ||
The alternative provisional educator endorsement is | ||
valid for 2 years of teaching and may be renewed for a | ||
third year by an individual meeting the requirements set | ||
forth in Section 21B-50 of this Code. | ||
(C) Alternative provisional superintendent. An | ||
alternative provisional superintendent endorsement on | ||
an Educator License with Stipulations entitles the | ||
holder to serve only as a superintendent or assistant | ||
superintendent in a school district's central office. | ||
This endorsement may only be issued to an applicant | ||
who, at the time of applying for the endorsement, has | ||
done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a master's | ||
degree in a management field other than education. | ||
(ii) Been employed for a period of at least 5 | ||
years in a management level position in a field | ||
other than education. | ||
(iii) Successfully completed the first phase | ||
of an alternative route to superintendent | ||
endorsement program, as provided in Section 21B-55 | ||
of this Code. | ||
(iv) Passed a content area test required under | ||
Section 21B-30 of this Code. |
The endorsement is valid for 2 fiscal years in | ||
order to complete one full year of serving as a | ||
superintendent or assistant superintendent. | ||
(D) (Blank). | ||
(E) Career and technical educator. A career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who has | ||
a minimum of 60 semester hours of coursework from a | ||
regionally accredited institution of higher education | ||
or an accredited trade and technical institution and | ||
has a minimum of 2,000 hours of experience outside of | ||
education in each area to be taught. | ||
The career and technical educator endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed. For | ||
individuals who were issued the career and technical | ||
educator endorsement on an Educator License with | ||
Stipulations on or after January 1, 2015, the license | ||
may be renewed if the individual passes a test of work | ||
proficiency, as required under Section 21B-30 of this | ||
Code. | ||
An individual who holds a valid career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations but does not hold a bachelor's degree | ||
may substitute teach in career and technical education |
classrooms. | ||
(F) Part-time provisional career and technical | ||
educator or provisional career and technical educator. | ||
A part-time provisional career and technical educator | ||
endorsement or a provisional career and technical | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who has a | ||
minimum of 8,000 hours of work experience in the skill | ||
for which the applicant is seeking the endorsement. It | ||
is the responsibility of each employing school board | ||
and regional office of education to provide | ||
verification, in writing, to the State Superintendent | ||
of Education at the time the application is submitted | ||
that no qualified teacher holding a Professional | ||
Educator License or an Educator License with | ||
Stipulations with a career and technical educator | ||
endorsement is available and that actual circumstances | ||
require such issuance. | ||
The provisional career and technical educator | ||
endorsement on an Educator License with Stipulations | ||
is valid until June 30 immediately following 5 years of | ||
the endorsement being issued and may be renewed for 5 | ||
years. For individuals who were issued the provisional | ||
career and technical educator endorsement on an | ||
Educator License with Stipulations on or after January | ||
1, 2015, the license may be renewed if the individual |
passes a test of work proficiency, as required under | ||
Section 21B-30 of this Code. | ||
A part-time provisional career and technical | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued for teaching no more than 2 | ||
courses of study for grades 6 through 12. The part-time | ||
provisional career and technical educator endorsement | ||
on an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed for 5 years | ||
if the individual makes application for renewal. | ||
An individual who holds a provisional or part-time | ||
provisional career and technical educator endorsement | ||
on an Educator License with Stipulations but does not | ||
hold a bachelor's degree may substitute teach in career | ||
and technical education classrooms. | ||
(G) Transitional bilingual educator. A | ||
transitional bilingual educator endorsement on an | ||
Educator License with Stipulations may be issued for | ||
the purpose of providing instruction in accordance | ||
with Article 14C of this Code to an applicant who | ||
provides satisfactory evidence that he or she meets all | ||
of the following requirements: | ||
(i) Possesses adequate speaking, reading, and | ||
writing ability in the language other than English | ||
in which transitional bilingual education is |
offered. | ||
(ii) Has the ability to successfully | ||
communicate in English. | ||
(iii) Either possessed, within 5 years | ||
previous to his or her applying for a transitional | ||
bilingual educator endorsement, a valid and | ||
comparable teaching certificate or comparable | ||
authorization issued by a foreign country or holds | ||
a degree from an institution of higher learning in | ||
a foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. | ||
A transitional bilingual educator endorsement | ||
shall be valid for prekindergarten through grade 12, is | ||
valid until June 30 immediately following 5 years of | ||
the endorsement being issued, and shall not be renewed. | ||
Persons holding a transitional bilingual educator | ||
endorsement shall not be employed to replace any | ||
presently employed teacher who otherwise would not be | ||
replaced for any reason. | ||
(H) Language endorsement. In an effort to | ||
alleviate the shortage of teachers speaking a language | ||
other than English in the public schools, an individual | ||
who holds an Educator License with Stipulations may |
also apply for a language endorsement, provided that | ||
the applicant provides satisfactory evidence that he | ||
or she meets all of the following requirements: | ||
(i) Holds a transitional bilingual | ||
endorsement. | ||
(ii) Has demonstrated proficiency in the | ||
language for which the endorsement is to be issued | ||
by passing the applicable language content test | ||
required by the State Board of Education. | ||
(iii) Holds a bachelor's degree or higher from | ||
a regionally accredited institution of higher | ||
education or, for individuals educated in a | ||
country other than the United States, holds a | ||
degree from an institution of higher learning in a | ||
foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. | ||
(iv) (Blank). | ||
A language endorsement on an Educator License with | ||
Stipulations is valid for prekindergarten through | ||
grade 12 for the same validity period as the | ||
individual's transitional bilingual educator | ||
endorsement on the Educator License with Stipulations | ||
and shall not be renewed. |
(I) Visiting international educator. A visiting | ||
international educator endorsement on an Educator | ||
License with Stipulations may be issued to an | ||
individual who is being recruited by a particular | ||
school district that conducts formal recruitment | ||
programs outside of the United States to secure the | ||
services of qualified teachers and who meets all of the | ||
following requirements: | ||
(i) Holds the equivalent of a minimum of a | ||
bachelor's degree issued in the United States. | ||
(ii) Has been prepared as a teacher at the | ||
grade level for which he or she will be employed. | ||
(iii) Has adequate content knowledge in the | ||
subject to be taught. | ||
(iv) Has an adequate command of the English | ||
language. | ||
A holder of a visiting international educator | ||
endorsement on an Educator License with Stipulations | ||
shall be permitted to teach in bilingual education | ||
programs in the language that was the medium of | ||
instruction in his or her teacher preparation program, | ||
provided that he or she passes the English Language | ||
Proficiency Examination or another test of writing | ||
skills in English identified by the State Board of | ||
Education, in consultation with the State Educator | ||
Preparation and Licensure Board. |
A visiting international educator endorsement on | ||
an Educator License with Stipulations is valid for 5 3 | ||
years and shall not be renewed. | ||
(J) Paraprofessional educator. A paraprofessional | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who holds a | ||
high school diploma or its recognized equivalent and | ||
either holds an associate's degree or a minimum of 60 | ||
semester hours of credit from a regionally accredited | ||
institution of higher education or has passed a | ||
paraprofessional competency test under subsection | ||
(c-5) of Section 21B-30. The paraprofessional educator | ||
endorsement is valid until June 30 immediately | ||
following 5 years of the endorsement being issued and | ||
may be renewed through application and payment of the | ||
appropriate fee, as required under Section 21B-40 of | ||
this Code. An individual who holds only a | ||
paraprofessional educator endorsement is not subject | ||
to additional requirements in order to renew the | ||
endorsement. | ||
(K) Chief school business official. A chief school | ||
business official endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who | ||
qualifies by having a master's degree or higher, 2 | ||
years of full-time administrative experience in school | ||
business management or 2 years of university-approved |
practical experience, and a minimum of 24 semester | ||
hours of graduate credit in a program approved by the | ||
State Board of Education for the preparation of school | ||
business administrators and by passage of the | ||
applicable State tests, including an applicable | ||
content area test. | ||
The chief school business official endorsement may | ||
also be affixed to the Educator License with | ||
Stipulations of any holder who qualifies by having a | ||
master's degree in business administration, finance, | ||
accounting, or public administration and who completes | ||
an additional 6 semester hours of internship in school | ||
business management from a regionally accredited | ||
institution of higher education and passes the | ||
applicable State tests, including an applicable | ||
content area test. This endorsement shall be required | ||
for any individual employed as a chief school business | ||
official. | ||
The chief school business official endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed if the | ||
license holder completes renewal requirements as | ||
required for individuals who hold a Professional | ||
Educator License endorsed for chief school business | ||
official under Section 21B-45 of this Code and such |
rules as may be adopted by the State Board of | ||
Education. | ||
The State Board of Education shall adopt any rules | ||
necessary to implement Public Act 100-288. | ||
(L) Provisional in-state educator. A provisional | ||
in-state educator endorsement on an Educator License | ||
with Stipulations may be issued to a candidate who has | ||
completed an Illinois-approved educator preparation | ||
program at an Illinois institution of higher education | ||
and who has not successfully completed an | ||
evidence-based assessment of teacher effectiveness but | ||
who meets all of the following requirements: | ||
(i) Holds at least a bachelor's degree. | ||
(ii) Has completed an approved educator | ||
preparation program at an Illinois institution. | ||
(iii) Has passed an applicable content area | ||
test, as required by Section 21B-30 of this Code. | ||
(iv) Has attempted an evidence-based | ||
assessment of teacher effectiveness and received a | ||
minimum score on that assessment, as established | ||
by the State Board of Education in consultation | ||
with the State Educator Preparation and Licensure | ||
Board. | ||
A provisional in-state educator endorsement on an | ||
Educator License with Stipulations is valid for one | ||
full fiscal year after the date of issuance and may not |
be renewed. | ||
(M) (Blank). School support personnel intern. A | ||
school support personnel intern endorsement on an | ||
Educator License with Stipulations may be issued as | ||
specified by rule. | ||
(N) Specialized services Special education area . A | ||
specialized services special education area | ||
endorsement on an Educator License with Stipulations | ||
may be issued as defined and specified by rule. | ||
(3) Substitute Teaching License. A Substitute Teaching | ||
License may be issued to qualified applicants for | ||
substitute teaching in all grades of the public schools, | ||
prekindergarten through grade 12. Substitute Teaching | ||
Licenses are not eligible for endorsements. Applicants for | ||
a Substitute Teaching License must hold a bachelor's degree | ||
or higher from a regionally accredited institution of | ||
higher education. | ||
Substitute Teaching Licenses are valid for 5 years. | ||
Substitute Teaching Licenses are valid for substitute | ||
teaching in every county of this State. If an individual | ||
has had his or her Professional Educator License or | ||
Educator License with Stipulations suspended or revoked, | ||
then that individual is not eligible to obtain a Substitute | ||
Teaching License. | ||
A substitute teacher may only teach in the place of a | ||
licensed teacher who is under contract with the employing |
board. If, however, there is no licensed teacher under | ||
contract because of an emergency situation, then a district | ||
may employ a substitute teacher for no longer than 30 | ||
calendar days per each vacant position in the district if | ||
the district notifies the appropriate regional office of | ||
education within 5 business days after the employment of | ||
the substitute teacher in the emergency situation. An | ||
emergency situation is one in which an unforeseen vacancy | ||
has occurred and (i) a teacher is unable to fulfill his or | ||
her contractual duties or (ii) teacher capacity needs of | ||
the district exceed previous indications, and the district | ||
is actively engaged in advertising to hire a fully licensed | ||
teacher for the vacant position. | ||
There is no limit on the number of days that a | ||
substitute teacher may teach in a single school district, | ||
provided that no substitute teacher may teach for longer | ||
than 90 school days for any one licensed teacher under | ||
contract in the same school year. A substitute teacher who | ||
holds a Professional Educator License or Educator License | ||
with Stipulations shall not teach for more than 120 school | ||
days for any one licensed teacher under contract in the | ||
same school year. The limitations in this paragraph (3) on | ||
the number of days a substitute teacher may be employed do | ||
not apply to any school district operating under Article 34 | ||
of this Code. | ||
A school district may not require an individual who |
holds a valid Professional Educator License or Educator | ||
License with Stipulations to seek or hold a Substitute | ||
Teaching License to teach as a substitute teacher. | ||
(4) Short-Term Substitute Teaching License. Beginning | ||
on July 1, 2018 and until June 30, 2023, the State Board of | ||
Education may issue a Short-Term Substitute Teaching | ||
License. A Short-Term Substitute Teaching License may be | ||
issued to a qualified applicant for substitute teaching in | ||
all grades of the public schools, prekindergarten through | ||
grade 12. Short-Term Substitute Teaching Licenses are not | ||
eligible for endorsements. Applicants for a Short-Term | ||
Substitute Teaching License must hold an associate's | ||
degree or have completed at least 60 credit hours from a | ||
regionally accredited institution of higher education. | ||
Short-Term Substitute Teaching Licenses are valid for | ||
substitute teaching in every county of this State. If an | ||
individual has had his or her Professional Educator License | ||
or Educator License with Stipulations suspended or | ||
revoked, then that individual is not eligible to obtain a | ||
Short-Term Substitute Teaching License. | ||
The provisions of Sections 10-21.9 and 34-18.5 of this | ||
Code apply to short-term substitute teachers. | ||
An individual holding a Short-Term Substitute Teaching | ||
License may teach no more than 5 consecutive days per | ||
licensed teacher who is under contract. For teacher | ||
absences lasting 6 or more days per licensed teacher who is |
under contract, a school district may not hire an | ||
individual holding a Short-Term Substitute Teaching | ||
License. An individual holding a Short-Term Substitute | ||
Teaching License must complete the training program under | ||
Section 10-20.67 or 34-18.60 of this Code to be eligible to | ||
teach at a public school. This paragraph (4) is inoperative | ||
on and after July 1, 2023.
| ||
(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, | ||
eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18; | ||
100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff. | ||
8-7-19; 101-594, eff. 12-5-19.)
| ||
(105 ILCS 5/21B-35) | ||
Sec. 21B-35. Minimum requirements for educators trained in | ||
other states or countries. | ||
(a) Any applicant who has not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education applying for a Professional | ||
Educator License endorsed in a teaching field or school support | ||
personnel area must meet the following requirements: | ||
(1) the applicant must: | ||
(A) hold a comparable and valid educator license or | ||
certificate, as defined by rule, with similar grade | ||
level and content area credentials from another state, | ||
with the State Board of Education having the authority | ||
to determine what constitutes similar grade level and |
content area credentials from another state; and | ||
(B) have a bachelor's degree from a regionally | ||
accredited institution of higher education; and or | ||
(C) have demonstrated proficiency in the English | ||
language by either passing the English language | ||
proficiency test required by the State Board of | ||
Education or providing evidence of completing a | ||
postsecondary degree at an institution in which the | ||
mode of instruction was English; or | ||
(2) the applicant must: | ||
(A) have completed a state-approved program for | ||
the licensure area sought, including coursework | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content | ||
area, and instructional strategies for English | ||
learners; | ||
(B) have a bachelor's degree from a regionally | ||
accredited institution of higher education; | ||
(C) have successfully met all Illinois examination | ||
requirements, except that: | ||
(i) (blank); | ||
(ii) an applicant who has successfully | ||
completed a test of content, as defined by rules, | ||
at the time of initial licensure in another state | ||
is not required to complete a test of content; and | ||
(iii) an applicant for a teaching endorsement |
who has successfully completed an evidence-based | ||
assessment of teacher effectiveness, as defined by | ||
rules, at the time of initial licensure in another | ||
state is not required to complete an | ||
evidence-based assessment of teacher | ||
effectiveness; and | ||
(D) for an applicant for a teaching endorsement, | ||
have completed student teaching or an equivalent | ||
experience or, for an applicant for a school service | ||
personnel endorsement, have completed an internship or | ||
an equivalent experience. | ||
(b) In order to receive a Professional Educator License | ||
endorsed in a teaching field or school support personnel area, | ||
applicants trained in another country must meet all of the | ||
following requirements: | ||
(1) Have completed a comparable education program in | ||
another country. | ||
(2) Have had transcripts evaluated by an evaluation | ||
service approved by the State Superintendent of Education. | ||
(3) Have a degree comparable to a degree from a | ||
regionally accredited institution of higher education. | ||
(4) Have completed coursework aligned to standards | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(5) (Blank). |
(6) (Blank). | ||
(7) Have successfully met all State licensure | ||
examination requirements. Applicants who have successfully | ||
completed a test of content, as defined by rules, at the | ||
time of initial licensure in another country shall not be | ||
required to complete a test of content. Applicants for a | ||
teaching endorsement who have successfully completed an | ||
evidence-based assessment of teacher effectiveness, as | ||
defined by rules, at the time of initial licensure in | ||
another country shall not be required to complete an | ||
evidence-based assessment of teacher effectiveness. | ||
(8) Have completed student teaching or an equivalent | ||
experience. | ||
(9) Have demonstrated proficiency in the English | ||
language by either passing the English language | ||
proficiency test required by the State Board of Education | ||
or providing evidence of completing a postsecondary degree | ||
at an institution in which the mode of instruction was | ||
English. | ||
(b-5) All applicants who have not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education and applicants trained in | ||
another country applying for a Professional Educator License | ||
endorsed for principal or superintendent must hold a master's | ||
degree from a regionally accredited institution of higher | ||
education , pass the English language proficiency test required |
by the State Board of Education, and must hold a comparable and | ||
valid educator license or certificate with similar grade level | ||
and subject matter credentials, with the State Board of | ||
Education having the authority to determine what constitutes | ||
similar grade level and subject matter credentials from another | ||
state, or must meet all of the following requirements: | ||
(1) Have completed an educator preparation program | ||
approved by another state or comparable educator program in | ||
another country leading to the receipt of a license or | ||
certificate for the Illinois endorsement sought. | ||
(2) Have successfully met all State licensure | ||
examination requirements, as required by Section 21B-30 of | ||
this Code. Applicants who have successfully completed a | ||
test of content, as defined by rules, at the time of | ||
initial licensure in another state or country shall not be | ||
required to complete a test of content. | ||
(2.5) Have completed an internship, as defined by rule. | ||
(3) (Blank). | ||
(4) Have completed coursework aligned to standards | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(4.5) Have demonstrated proficiency in the English | ||
language by either passing the English language | ||
proficiency test required by the State Board of Education | ||
or providing evidence of completing a postsecondary degree |
at an institution in which the mode of instruction was | ||
English. | ||
(5) Have completed a master's degree. | ||
(6) Have successfully completed teaching, school | ||
support, or administrative experience as defined by rule. | ||
(b-7) All applicants who have not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education applying for a Professional | ||
Educator License endorsed for Director of Special Education | ||
must hold a master's degree from a regionally accredited | ||
institution of higher education and must hold a comparable and | ||
valid educator license or certificate with similar grade level | ||
and subject matter credentials, with the State Board of | ||
Education having the authority to determine what constitutes | ||
similar grade level and subject matter credentials from another | ||
state, or must meet all of the following requirements: | ||
(1) Have completed a master's degree. | ||
(2) Have 2 years of full-time experience providing | ||
special education services. | ||
(3) Have successfully completed all examination | ||
requirements, as required by Section 21B-30 of this Code. | ||
Applicants who have successfully completed a test of | ||
content, as identified by rules, at the time of initial | ||
licensure in another state or country shall not be required | ||
to complete a test of content. | ||
(4) Have completed coursework aligned to standards |
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(b-10) All applicants who have not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education applying for a Professional | ||
Educator License endorsed for chief school business official | ||
must hold a master's degree from a regionally accredited | ||
institution of higher education and must hold a comparable and | ||
valid educator license or certificate with similar grade level | ||
and subject matter credentials, with the State Board of | ||
Education having the authority to determine what constitutes | ||
similar grade level and subject matter credentials from another | ||
state, or must meet all of the following requirements: | ||
(1) Have completed a master's degree in school business | ||
management, finance, or accounting. | ||
(2) Have successfully completed an internship in | ||
school business management or have 2 years of experience as | ||
a school business administrator. | ||
(3) Have successfully met all State examination | ||
requirements, as required by Section 21B-30 of this Code. | ||
Applicants who have successfully completed a test of | ||
content, as identified by rules, at the time of initial | ||
licensure in another state or country shall not be required | ||
to complete a test of content. | ||
(4) Have completed modules aligned to standards |
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(c) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to implement this Section.
| ||
(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18; | ||
100-596, eff. 7-1-18; 101-220, eff. 8-7-19.)
| ||
(105 ILCS 5/21B-45) | ||
Sec. 21B-45. Professional Educator License renewal. | ||
(a) Individuals holding a Professional Educator License | ||
are required to complete the licensure renewal requirements as | ||
specified in this Section, unless otherwise provided in this | ||
Code. | ||
Individuals holding a Professional Educator License shall | ||
meet the renewal requirements set forth in this Section, unless | ||
otherwise provided in this Code. If an individual holds a | ||
license endorsed in more than one area that has different | ||
renewal requirements, that individual shall follow the renewal | ||
requirements for the position for which he or she spends the | ||
majority of his or her time working. | ||
(b) All Professional Educator Licenses not renewed as | ||
provided in this Section shall lapse on September 1 of that | ||
year. Notwithstanding any other provisions of this Section, if | ||
a license holder's electronic mail address is available, the |
State Board of Education shall send him or her notification | ||
electronically that his or her license will lapse if not | ||
renewed, to be sent no more than 6 months prior to the license | ||
lapsing. Lapsed licenses may be immediately reinstated upon (i) | ||
payment by the applicant of a $500 penalty to the State Board | ||
of Education or (ii) the demonstration of proficiency by | ||
completing 9 semester hours of coursework from a regionally | ||
accredited institution of higher education in the content area | ||
that most aligns with one or more of the educator's endorsement | ||
areas. Any and all back fees, including without limitation | ||
registration fees owed from the time of expiration of the | ||
license until the date of reinstatement, shall be paid and kept | ||
in accordance with the provisions in Article 3 of this Code | ||
concerning an institute fund and the provisions in Article 21B | ||
of this Code concerning fees and requirements for registration. | ||
Licenses not registered in accordance with Section 21B-40 of | ||
this Code shall lapse after a period of 6 months from the | ||
expiration of the last year of registration or on January 1 of | ||
the fiscal year following initial issuance of the license. An | ||
unregistered license is invalid after September 1 for | ||
employment and performance of services in an Illinois public or | ||
State-operated school or cooperative and in a charter school. | ||
Any license or endorsement may be voluntarily surrendered by | ||
the license holder. A voluntarily surrendered license shall be | ||
treated as a revoked license. An Educator License with | ||
Stipulations with only a paraprofessional endorsement does not |
lapse.
| ||
(c) From July 1, 2013 through June 30, 2014, in order to | ||
satisfy the requirements for licensure renewal provided for in | ||
this Section, each professional educator licensee with an | ||
administrative endorsement who is working in a position | ||
requiring such endorsement shall complete one Illinois | ||
Administrators' Academy course, as described in Article 2 of | ||
this Code, per fiscal year. | ||
(c-5) All licenses issued by the State Board of Education | ||
under this Article that expire on June 30, 2020 and have not | ||
been renewed by the end of the 2020 renewal period shall be | ||
extended for one year and shall expire on June 30, 2021. | ||
(d) Beginning July 1, 2014, in order to satisfy the | ||
requirements for licensure renewal provided for in this | ||
Section, each professional educator licensee may create a | ||
professional development plan each year. The plan shall address | ||
one or more of the endorsements that are required of his or her | ||
educator position if the licensee is employed and performing | ||
services in an Illinois public or State-operated school or | ||
cooperative. If the licensee is employed in a charter school, | ||
the plan shall address that endorsement or those endorsements | ||
most closely related to his or her educator position. Licensees | ||
employed and performing services in any other Illinois schools | ||
may participate in the renewal requirements by adhering to the | ||
same process. | ||
Except as otherwise provided in this Section, the |
licensee's professional development activities shall align | ||
with one or more of the following criteria: | ||
(1) activities are of a type that engage participants | ||
over a sustained period of time allowing for analysis, | ||
discovery, and application as they relate to student | ||
learning, social or emotional achievement, or well-being; | ||
(2) professional development aligns to the licensee's | ||
performance; | ||
(3) outcomes for the activities must relate to student | ||
growth or district improvement; | ||
(4) activities align to State-approved standards;
and | ||
(5) higher education coursework. | ||
(e) For each renewal cycle, each professional educator | ||
licensee shall engage in professional development activities. | ||
Prior to renewal, the licensee shall enter electronically into | ||
the Educator Licensure Information System (ELIS) the name, | ||
date, and location of the activity, the number of professional | ||
development hours, and the provider's name. The following | ||
provisions shall apply concerning professional development | ||
activities: | ||
(1) Each licensee shall complete a total of 120 hours | ||
of professional development per 5-year renewal cycle in | ||
order to renew the license, except as otherwise provided in | ||
this Section. | ||
(2) Beginning with his or her first full 5-year cycle, | ||
any licensee with an administrative endorsement who is not |
working in a position requiring such endorsement is not | ||
required to complete Illinois Administrators' Academy | ||
courses, as described in Article 2 of this Code. Such | ||
licensees must complete one Illinois Administrators' | ||
Academy course within one year after returning to a | ||
position that requires the administrative endorsement. | ||
(3) Any licensee with an administrative endorsement | ||
who is working in a position requiring such endorsement or | ||
an individual with a Teacher Leader endorsement serving in | ||
an administrative capacity at least 50% of the day shall | ||
complete one Illinois Administrators' Academy course, as | ||
described in Article 2 of this Code, each fiscal year in | ||
addition to 100 hours of professional development per | ||
5-year renewal cycle in accordance with this Code. | ||
(4) Any licensee holding a current National Board for | ||
Professional Teaching Standards (NBPTS) master teacher | ||
designation shall complete a total of 60 hours of | ||
professional development per 5-year renewal cycle in order | ||
to renew the license. | ||
(5) Licensees working in a position that does not | ||
require educator licensure or working in a position for | ||
less than 50% for any particular year are considered to be | ||
exempt and shall be required to pay only the registration | ||
fee in order to renew and maintain the validity of the | ||
license. | ||
(6) Licensees who are retired and qualify for benefits |
from a State of Illinois retirement system shall notify the | ||
State Board of Education using ELIS, and the license shall | ||
be maintained in retired status. For any renewal cycle in | ||
which a licensee retires during the renewal cycle, the | ||
licensee must complete professional development activities | ||
on a prorated basis depending on the number of years during | ||
the renewal cycle the educator held an active license. If a | ||
licensee retires during a renewal cycle, the licensee must | ||
notify the State Board of Education using ELIS that the | ||
licensee wishes to maintain the license in retired status | ||
and must show proof of completion of professional | ||
development activities on a prorated basis for all years of | ||
that renewal cycle for which the license was active. An | ||
individual with a license in retired status shall not be | ||
required to complete professional development activities | ||
or pay registration fees until returning to a position that | ||
requires educator licensure. Upon returning to work in a | ||
position that requires the Professional Educator License, | ||
the licensee shall immediately pay a registration fee and | ||
complete renewal requirements for that year. A license in | ||
retired status cannot lapse. Beginning on January 6, 2017 | ||
(the effective date of Public Act 99-920) through December | ||
31, 2017, any licensee who has retired and whose license | ||
has lapsed for failure to renew as provided in this Section | ||
may reinstate that license and maintain it in retired | ||
status upon providing proof to the State Board of Education |
using ELIS that the licensee is retired and is not working | ||
in a position that requires a Professional Educator | ||
License. | ||
(7) For any renewal cycle in which professional | ||
development hours were required, but not fulfilled, the | ||
licensee shall complete any missed hours to total the | ||
minimum professional development hours required in this | ||
Section prior to September 1 of that year. Professional | ||
development hours used to fulfill the minimum required | ||
hours for a renewal cycle may be used for only one renewal | ||
cycle. For any fiscal year or renewal cycle in which an | ||
Illinois Administrators' Academy course was required but | ||
not completed, the licensee shall complete any missed | ||
Illinois Administrators' Academy courses prior to | ||
September 1 of that year. The licensee may complete all | ||
deficient hours and Illinois Administrators' Academy | ||
courses while continuing to work in a position that | ||
requires that license until September 1 of that year. | ||
(8) Any licensee who has not fulfilled the professional | ||
development renewal requirements set forth in this Section | ||
at the end of any 5-year renewal cycle is ineligible to | ||
register his or her license and may submit an appeal to the | ||
State Superintendent of Education for reinstatement of the | ||
license. | ||
(9) If professional development opportunities were | ||
unavailable to a licensee, proof that opportunities were |
unavailable and request for an extension of time beyond | ||
August 31 to complete the renewal requirements may be | ||
submitted from April 1 through June 30 of that year to the | ||
State Educator Preparation and Licensure Board. If an | ||
extension is approved, the license shall remain valid | ||
during the extension period. | ||
(10) Individuals who hold exempt licenses prior to | ||
December 27, 2013 (the effective date of Public Act 98-610) | ||
shall commence the annual renewal process with the first | ||
scheduled registration due after December 27, 2013 (the | ||
effective date of Public Act 98-610). | ||
(11) Notwithstanding any other provision of this | ||
subsection (e), if a licensee earns more than the required | ||
number of professional development hours during a renewal | ||
cycle, then the licensee may carry over any hours earned | ||
from April 1 through June 30 of the last year of the | ||
renewal cycle. Any hours carried over in this manner must | ||
be applied to the next renewal cycle. Illinois | ||
Administrators' Academy courses or hours earned in those | ||
courses may not be carried over. | ||
(f) At the time of renewal, each licensee shall respond to | ||
the required questions under penalty of perjury. | ||
(f-5) The State Board of Education shall conduct random | ||
audits of licensees to verify a licensee's fulfillment of the | ||
professional development hours required under this Section. | ||
Upon completion of a random audit, if it is determined by the |
State Board of Education that the licensee did not complete the | ||
required number of professional development hours or did not | ||
provide sufficient proof of completion, the licensee shall be | ||
notified that his or her license has lapsed. A license that has | ||
lapsed under this subsection may be reinstated as provided in | ||
subsection (b). | ||
(g) The following entities shall be designated as approved | ||
to provide professional development activities for the renewal | ||
of Professional Educator Licenses: | ||
(1) The State Board of Education. | ||
(2) Regional offices of education and intermediate | ||
service centers. | ||
(3) Illinois professional associations representing | ||
the following groups that are approved by the State | ||
Superintendent of Education: | ||
(A) school administrators; | ||
(B) principals; | ||
(C) school business officials; | ||
(D) teachers, including special education | ||
teachers; | ||
(E) school boards; | ||
(F) school districts; | ||
(G) parents; and | ||
(H) school service personnel. | ||
(4) Regionally accredited institutions of higher | ||
education that offer Illinois-approved educator |
preparation programs and public community colleges subject | ||
to the Public Community College Act. | ||
(5) Illinois public school districts, charter schools | ||
authorized under Article 27A of this Code, and joint | ||
educational programs authorized under Article 10 of this | ||
Code for the purposes of providing career and technical | ||
education or special education services. | ||
(6) A not-for-profit organization that, as of December | ||
31, 2014 (the effective date of Public Act 98-1147), has | ||
had or has a grant from or a contract with the State Board | ||
of Education to provide professional development services | ||
in the area of English Learning to Illinois school | ||
districts, teachers, or administrators. | ||
(7) State agencies, State boards, and State | ||
commissions. | ||
(8) Museums as defined in Section 10 of the Museum | ||
Disposition of Property Act. | ||
(h) Approved providers under subsection (g) of this Section | ||
shall make available professional development opportunities | ||
that satisfy at least one of the following: | ||
(1) increase the knowledge and skills of school and | ||
district leaders who guide continuous professional | ||
development; | ||
(2) improve the learning of students; | ||
(3) organize adults into learning communities whose | ||
goals are aligned with those of the school and district; |
(4) deepen educator's content knowledge; | ||
(5) provide educators with research-based | ||
instructional strategies to assist students in meeting | ||
rigorous academic standards; | ||
(6) prepare educators to appropriately use various | ||
types of classroom assessments; | ||
(7) use learning strategies appropriate to the | ||
intended goals; | ||
(8) provide educators with the knowledge and skills to | ||
collaborate; | ||
(9) prepare educators to apply research to decision | ||
making decision-making ; or | ||
(10) provide educators with training on inclusive | ||
practices in the classroom that examines instructional and | ||
behavioral strategies that improve academic and | ||
social-emotional outcomes for all students, with or | ||
without disabilities, in a general education setting. | ||
(i) Approved providers under subsection (g) of this Section | ||
shall do the following: | ||
(1) align professional development activities to the | ||
State-approved national standards for professional | ||
learning; | ||
(2) meet the professional development criteria for | ||
Illinois licensure renewal; | ||
(3) produce a rationale for the activity that explains | ||
how it aligns to State standards and identify the |
assessment for determining the expected impact on student | ||
learning or school improvement; | ||
(4) maintain original documentation for completion of | ||
activities; | ||
(5) provide license holders with evidence of | ||
completion of activities; | ||
(6) request an Illinois Educator Identification Number | ||
(IEIN) for each educator during each professional | ||
development activity; and | ||
(7) beginning on July 1, 2019, register annually with | ||
the State Board of Education prior to offering any | ||
professional development opportunities in the current | ||
fiscal year. | ||
(j) The State Board of Education shall conduct annual | ||
audits of a subset of approved providers, except for school | ||
districts, which shall be audited by regional offices of | ||
education and intermediate service centers. The State Board of | ||
Education shall ensure that each approved provider, except for | ||
a school district, is audited at least once every 5 years. The | ||
State Board of Education may conduct more frequent audits of | ||
providers if evidence suggests the requirements of this Section | ||
or administrative rules are not being met. | ||
(1) (Blank). | ||
(2) Approved providers shall comply with the | ||
requirements in subsections (h) and (i) of this Section by | ||
annually submitting data to the State Board of Education |
demonstrating how the professional development activities | ||
impacted one or more of the following: | ||
(A) educator and student growth in regards to | ||
content knowledge or skills, or both; | ||
(B) educator and student social and emotional | ||
growth; or | ||
(C) alignment to district or school improvement | ||
plans. | ||
(3) The State Superintendent of Education shall review | ||
the annual data collected by the State Board of Education, | ||
regional offices of education, and intermediate service | ||
centers in audits to determine if the approved provider has | ||
met the criteria and should continue to be an approved | ||
provider or if further action should be taken as provided | ||
in rules. | ||
(k) Registration fees shall be paid for the next renewal | ||
cycle between April 1 and June 30 in the last year of each | ||
5-year renewal cycle using ELIS. If all required professional | ||
development hours for the renewal cycle have been completed and | ||
entered by the licensee, the licensee shall pay the | ||
registration fees for the next cycle using a form of credit or | ||
debit card. | ||
(l) Any professional educator licensee endorsed for school | ||
support personnel who is employed and performing services in | ||
Illinois public schools and who holds an active and current | ||
professional license issued by the Department of Financial and |
Professional Regulation or a national certification board, as | ||
approved by the State Board of Education, related to the | ||
endorsement areas on the Professional Educator License shall be | ||
deemed to have satisfied the continuing professional | ||
development requirements provided for in this Section. Such | ||
individuals shall be required to pay only registration fees to | ||
renew the Professional Educator License. An individual who does | ||
not hold a license issued by the Department of Financial and | ||
Professional Regulation shall complete professional | ||
development requirements for the renewal of a Professional | ||
Educator License provided for in this Section. | ||
(m) Appeals to the State Educator Preparation and Licensure | ||
Board
must be made within 30 days after receipt of notice from | ||
the State Superintendent of Education that a license will not | ||
be renewed based upon failure to complete the requirements of | ||
this Section. A licensee may appeal that decision to the State | ||
Educator Preparation and Licensure Board in a manner prescribed | ||
by rule. | ||
(1) Each appeal shall state the reasons why the State | ||
Superintendent's decision should be reversed and shall be | ||
sent by certified mail, return receipt requested, to the | ||
State Board of Education. | ||
(2) The State Educator Preparation and Licensure Board | ||
shall review each appeal regarding renewal of a license | ||
within 90 days after receiving the appeal in order to | ||
determine whether the licensee has met the requirements of |
this Section. The State Educator Preparation and Licensure | ||
Board may hold an appeal hearing or may make its | ||
determination based upon the record of review, which shall | ||
consist of the following: | ||
(A) the regional superintendent of education's | ||
rationale for recommending nonrenewal of the license, | ||
if applicable; | ||
(B) any evidence submitted to the State | ||
Superintendent along with the individual's electronic | ||
statement of assurance for renewal; and | ||
(C) the State Superintendent's rationale for | ||
nonrenewal of the license. | ||
(3) The State Educator Preparation and Licensure Board | ||
shall notify the licensee of its decision regarding license | ||
renewal by certified mail, return receipt requested, no | ||
later than 30 days after reaching a decision. Upon receipt | ||
of notification of renewal, the licensee, using ELIS, shall | ||
pay the applicable registration fee for the next cycle | ||
using a form of credit or debit card. | ||
(n) The State Board of Education may adopt rules as may be | ||
necessary to implement this Section. | ||
(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | ||
100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | ||
1-1-20; 101-531, eff. 8-23-19; revised 9-19-19.)
| ||
(105 ILCS 5/21B-50) |
Sec. 21B-50. Alternative Educator Licensure Program. | ||
(a) There is established an alternative educator licensure | ||
program, to be known as the Alternative Educator Licensure | ||
Program for Teachers. | ||
(b) The Alternative Educator Licensure Program for | ||
Teachers may be offered by a recognized institution approved to | ||
offer educator preparation programs by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board. | ||
The program shall be comprised of 4 phases: | ||
(1) A course of study that at a minimum includes | ||
instructional planning; instructional strategies, | ||
including special education, reading, and English language | ||
learning; classroom management; and the assessment of | ||
students and use of data to drive instruction. | ||
(2) A year of residency, which is a candidate's | ||
assignment to a full-time teaching position or as a | ||
co-teacher for one full school year. An individual must | ||
hold an Educator License with Stipulations with an | ||
alternative provisional educator endorsement in order to | ||
enter the residency and must complete additional program | ||
requirements that address required State and national | ||
standards, pass the State Board's teacher performance | ||
assessment no later than the end of the first semester of | ||
the second year of residency before entering the second | ||
residency year , as required under phase (3) of this |
subsection (b), and be recommended by the principal or | ||
qualified equivalent of a principal, as required under | ||
subsection (d) of this Section, and the program coordinator | ||
to continue with the second year of the residency. | ||
(3) A second year of residency, which shall include the | ||
candidate's assignment to a full-time teaching position | ||
for one school year. The candidate must be assigned an | ||
experienced teacher to act as a mentor and coach the | ||
candidate through the second year of residency. | ||
(4) A comprehensive assessment of the candidate's | ||
teaching effectiveness, as evaluated by the principal or | ||
qualified equivalent of a principal, as required under | ||
subsection (d) of this Section, and the program | ||
coordinator, at the end of the second year of residency. If | ||
there is disagreement between the 2 evaluators about the | ||
candidate's teaching effectiveness, the candidate may | ||
complete one additional year of residency teaching under a | ||
professional development plan developed by the principal | ||
or qualified equivalent and the preparation program. At the | ||
completion of the third year, a candidate must have | ||
positive evaluations and a recommendation for full | ||
licensure from both the principal or qualified equivalent | ||
and the program coordinator or no Professional Educator | ||
License shall be issued. | ||
Successful completion of the program shall be deemed to | ||
satisfy any other practice or student teaching and content |
matter requirements established by law. | ||
(c) An alternative provisional educator endorsement on an | ||
Educator License with Stipulations is valid for 2 years of | ||
teaching in the public schools, including without limitation a | ||
preschool educational program under Section 2-3.71 of this Code | ||
or charter school, or in a State-recognized nonpublic school in | ||
which the chief administrator is required to have the licensure | ||
necessary to be a principal in a public school in this State | ||
and in which a majority of the teachers are required to have | ||
the licensure necessary to be instructors in a public school in | ||
this State, but may be renewed for a third year if needed to | ||
complete the Alternative Educator Licensure Program for | ||
Teachers. The endorsement shall be issued only once to an | ||
individual who meets all of the following requirements: | ||
(1) Has graduated from a regionally accredited college | ||
or university with a bachelor's degree or higher. | ||
(2) Has a cumulative grade point average of 3.0 or | ||
greater on a 4.0 scale or its equivalent on another scale. | ||
(3) Has completed a major in the content area if | ||
seeking a middle or secondary level endorsement or, if | ||
seeking an early childhood, elementary, or special | ||
education endorsement, has completed a major in the content | ||
area of reading, English/language arts, mathematics, or | ||
one of the sciences. If the individual does not have a | ||
major in a content area for any level of teaching, he or | ||
she must submit transcripts to the State Board of Education |
to be reviewed for equivalency. | ||
(4) Has successfully completed phase (1) of subsection | ||
(b) of this Section. | ||
(5) Has passed a content area test required for the | ||
specific endorsement for admission into the program, as | ||
required under Section 21B-30 of this Code. | ||
A candidate possessing the alternative provisional | ||
educator endorsement may receive a salary, benefits, and any | ||
other terms of employment offered to teachers in the school who | ||
are members of an exclusive bargaining representative, if any, | ||
but a school is not required to provide these benefits during | ||
the years of residency if the candidate is serving only as a | ||
co-teacher. If the candidate is serving as the teacher of | ||
record, the candidate must receive a salary, benefits, and any | ||
other terms of employment. Residency experiences must not be | ||
counted towards tenure. | ||
(d) The recognized institution offering the Alternative | ||
Educator Licensure Program for Teachers must partner with a | ||
school district, including without limitation a preschool | ||
educational program under Section 2-3.71 of this Code or | ||
charter school, or a State-recognized, nonpublic school in this | ||
State in which the chief administrator is required to have the | ||
licensure necessary to be a principal in a public school in | ||
this State and in which a majority of the teachers are required | ||
to have the licensure necessary to be instructors in a public | ||
school in this State. A recognized institution that partners |
with a public school district administering a preschool | ||
educational program under Section 2-3.71 of this Code must | ||
require a principal to recommend or evaluate candidates in the | ||
program. A recognized institution that partners with an | ||
eligible entity administering a preschool educational program | ||
under Section 2-3.71 of this Code and that is not a public | ||
school district must require a principal or qualified | ||
equivalent of a principal to recommend or evaluate candidates | ||
in the program. The program presented for approval by the State | ||
Board of Education must demonstrate the supports that are to be | ||
provided to assist the provisional teacher during the 2-year | ||
residency period. These supports must provide additional | ||
contact hours with mentors during the first year of residency. | ||
(e) Upon completion of the 4 phases outlined in subsection | ||
(b) of this Section and all assessments required under Section | ||
21B-30 of this Code, an individual shall receive a Professional | ||
Educator License. | ||
(f) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to establish and implement the | ||
Alternative Educator Licensure Program for Teachers.
| ||
(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19; | ||
101-220, eff. 8-7-19; 101-570, eff. 8-23-19; revised 9-19-19.)
| ||
(105 ILCS 5/21B-110 new) | ||
Sec. 21B-110. Public health emergency declaration. |
(a) This Section applies only during any time in which the | ||
Governor has declared a public health emergency under Section 7 | ||
of the Illinois Emergency Management Agency Act. | ||
(b) Notwithstanding any other requirements under this | ||
Article, the requirements under subsection (f) of Section | ||
21B-30 are waived for an applicant seeking an educator license. | ||
(c) Notwithstanding any other requirements under this | ||
Article, during the implementation of remote learning days | ||
under Section 10-30, a candidate seeking an educator license | ||
may: | ||
(1) complete his or her required student teaching or | ||
equivalent experience remotely; or | ||
(2) complete his or her required school business | ||
management internship remotely.
| ||
(105 ILCS 5/21B-115 new) | ||
Sec. 21B-115. Spring 2020 student teaching or internship. | ||
Notwithstanding any other requirements under this Article, for | ||
the spring 2020 semester only, a candidate's requirement to | ||
complete student teaching or its equivalent or a school | ||
business management internship is waived.
| ||
(105 ILCS 5/22-89 new) | ||
Sec. 22-89. Graduates during the 2019-2020 school year. | ||
Notwithstanding any other provision of this Code, any diploma | ||
conferred during the 2019-2020 school year, including during |
the summer of 2020, under graduation requirements that were | ||
modified by an executive order, emergency rulemaking, or school | ||
board policy prompted by a gubernatorial disaster proclamation | ||
as a result of COVID-19 is deemed valid and is not subject to | ||
challenge or review due to a failure to meet minimum | ||
requirements otherwise required by this Code, administrative | ||
rule, or school board policy.
| ||
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
| ||
Sec. 24-11. Boards of Education - Boards of School | ||
Inspectors -
Contractual continued service. | ||
(a) As used in this and the succeeding
Sections of this | ||
Article:
| ||
"Teacher" means any or all school district employees | ||
regularly required to be
certified under laws relating to the | ||
certification of teachers.
| ||
"Board" means board of directors, board of education, or | ||
board of school
inspectors, as the case may be.
| ||
"School term" means that portion of the school year, July 1 | ||
to the following
June 30, when school is in actual session.
| ||
"Program" means a program of a special education joint | ||
agreement. | ||
"Program of a special education joint agreement" means | ||
instructional, consultative, supervisory, administrative, | ||
diagnostic, and related services that are managed by a special | ||
educational joint agreement designed to service 2 or more |
school districts that are members of the joint agreement. | ||
"PERA implementation date" means the implementation date | ||
of an evaluation system for teachers as specified by Section | ||
24A-2.5 of this Code for all schools within a school district | ||
or all programs of a special education joint agreement. | ||
(b) This Section and Sections 24-12 through 24-16 of this | ||
Article apply only to
school districts having less than 500,000 | ||
inhabitants.
| ||
(c) Any teacher who is first employed as a full-time | ||
teacher in a school district or program prior to the PERA | ||
implementation date and who is employed in that district or | ||
program for
a probationary period of 4 consecutive school terms | ||
shall enter upon
contractual continued service in the district | ||
or in all of the programs that the teacher is legally qualified | ||
to hold, unless the teacher is given written notice of | ||
dismissal by certified mail, return receipt requested, by
the | ||
employing board at least 45 days before the end of any school | ||
term within such
period.
| ||
(d) For any teacher who is first employed as a full-time | ||
teacher in a school district or program on or after the PERA | ||
implementation date, the probationary period shall be one of | ||
the following periods, based upon the teacher's school terms of | ||
service and performance, before the teacher shall enter upon | ||
contractual continued service in the district or in all of the | ||
programs that the teacher is legally qualified to hold, unless | ||
the teacher is given written notice of dismissal by certified |
mail, return receipt requested, by the employing board at least | ||
45 days before the end of any school term within such period: | ||
(1) 4 consecutive school terms of service in which the | ||
teacher receives overall annual evaluation ratings of at | ||
least "Proficient" in the last school term and at least | ||
"Proficient" in either the second or third school term; | ||
(2) 3 consecutive school terms of service in which the | ||
teacher receives 3 overall annual evaluations of | ||
"Excellent"; or | ||
(3) 2 consecutive school terms of service in which the | ||
teacher receives 2 overall annual evaluations of | ||
"Excellent" service, but only if the teacher (i) previously | ||
attained contractual continued service in a different | ||
school district or program in this State, (ii) voluntarily | ||
departed or was honorably dismissed from that school | ||
district or program in the school term immediately prior to | ||
the teacher's first school term of service applicable to | ||
the attainment of contractual continued service under this | ||
subdivision (3), and (iii) received, in his or her 2 most | ||
recent overall annual or biennial evaluations from the | ||
prior school district or program, ratings of at least | ||
"Proficient", with both such ratings occurring after the | ||
school district's or program's PERA implementation date. | ||
For a teacher to attain contractual continued service under | ||
this subdivision (3), the teacher shall provide official | ||
copies of his or her 2 most recent overall annual or |
biennial evaluations from the prior school district or | ||
program to the new school district or program within 60 | ||
days from the teacher's first day of service with the new | ||
school district or program. The prior school district or | ||
program must provide the teacher with official copies of | ||
his or her 2 most recent overall annual or biennial | ||
evaluations within 14 days after the teacher's request. If | ||
a teacher has requested such official copies prior to 45 | ||
days after the teacher's first day of service with the new | ||
school district or program and the teacher's prior school | ||
district or program fails to provide the teacher with the | ||
official copies required under this subdivision (3), then | ||
the time period for the teacher to submit the official | ||
copies to his or her new school district or program must be | ||
extended until 14 days after receipt of such copies from | ||
the prior school district or program. If the prior school | ||
district or program fails to provide the teacher with the | ||
official copies required under this subdivision (3) within | ||
90 days from the teacher's first day of service with the | ||
new school district or program, then the new school | ||
district or program shall rely upon the teacher's own | ||
copies of his or her evaluations for purposes of this | ||
subdivision (3). | ||
If the teacher does not receive overall annual evaluations | ||
of "Excellent" in the school terms necessary for eligibility to | ||
achieve accelerated contractual continued service in |
subdivisions (2) and (3) of this subsection (d), the teacher | ||
shall be eligible for contractual continued service pursuant to | ||
subdivision (1) of this subsection (d). If, at the conclusion | ||
of 4 consecutive school terms of service that count toward | ||
attainment of contractual continued service, the teacher's | ||
performance does not qualify the teacher for contractual | ||
continued service under subdivision (1) of this subsection (d), | ||
then the teacher shall not enter upon contractual continued | ||
service and shall be dismissed. If a performance evaluation is | ||
not conducted for any school term when such evaluation is | ||
required to be conducted under Section 24A-5 of this Code, then | ||
the teacher's performance evaluation rating for such school | ||
term for purposes of determining the attainment of contractual | ||
continued service shall be deemed "Proficient" , except that, | ||
during any time in which the Governor has declared a disaster | ||
due to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act, this default to | ||
"Proficient" does not apply to any teacher who has entered into | ||
contractual continued service and who was deemed "Excellent" on | ||
his or her most recent evaluation . During any time in which the | ||
Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act and unless the school board and any | ||
exclusive bargaining representative have completed the | ||
performance rating for teachers or mutually agreed to an | ||
alternate performance rating, any teacher who has entered into |
contractual continued service, whose most recent evaluation | ||
was deemed "Excellent", and whose performance evaluation is not | ||
conducted when the evaluation is required to be conducted shall | ||
receive a teacher's performance rating deemed "Excellent". A | ||
school board and any exclusive bargaining representative may | ||
mutually agree to an alternate performance rating for teachers | ||
not in contractual continued service during any time in which | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, as long as the agreement is in writing. | ||
(e) For the purposes of determining contractual continued | ||
service, a school term shall be counted only toward attainment | ||
of contractual continued service if the teacher actually | ||
teaches or is otherwise present and participating in the | ||
district's or program's educational program for 120 days or | ||
more, provided that the days of leave under the federal Family | ||
Medical Leave Act that the teacher is required to take until | ||
the end of the school term shall be considered days of teaching | ||
or participation in the district's or program's educational | ||
program. A school term that is not counted toward attainment of | ||
contractual continued service shall not be considered a break | ||
in service for purposes of determining whether a teacher has | ||
been employed for 4 consecutive school terms, provided that the | ||
teacher actually teaches or is otherwise present and | ||
participating in the district's or program's educational | ||
program in the following school term. |
(f) If the employing board determines to dismiss the | ||
teacher in the last year of the probationary period as provided | ||
in subsection (c) of this Section or subdivision (1) or (2) of | ||
subsection (d) of this Section, but not subdivision (3) of | ||
subsection (d) of this Section, the written notice of dismissal | ||
provided by the employing board must contain specific reasons | ||
for dismissal. Any full-time teacher who does not receive | ||
written notice from the employing board at least 45 days before | ||
the end of any school term as provided in this Section and | ||
whose performance does not require dismissal after the fourth | ||
probationary year pursuant to subsection (d) of this Section | ||
shall be re-employed for the following school term.
| ||
(g) Contractual continued service shall continue in effect | ||
the terms and
provisions of the contract with the teacher | ||
during the last school term
of the probationary period, subject | ||
to this Act and the lawful
regulations of the employing board. | ||
This Section and succeeding Sections
do not modify any existing | ||
power of the board except with respect to the
procedure of the | ||
discharge of a teacher and reductions in salary as
hereinafter | ||
provided. Contractual continued service status shall not
| ||
restrict the power of the board to transfer a teacher to a | ||
position
which the teacher is qualified to fill or to make such | ||
salary
adjustments as it deems desirable, but unless reductions | ||
in salary are
uniform or based upon some reasonable | ||
classification, any teacher whose
salary is reduced shall be | ||
entitled to a notice and a hearing as
hereinafter provided in |
the case of certain dismissals or removals.
| ||
(h) If, by reason of any change in the boundaries of school | ||
districts or by reason of the creation of a new school | ||
district, the position held by any teacher having a contractual | ||
continued service status is transferred from one board to the | ||
control of a new or different board, then the contractual | ||
continued service status of the teacher is not thereby lost, | ||
and such new or different board is subject to this Code with | ||
respect to the teacher in the same manner as if the teacher | ||
were its employee and had been its employee during the time the | ||
teacher was actually employed by the board from whose control | ||
the position was transferred. | ||
(i) The employment of any teacher in a program of a special | ||
education joint
agreement established under Section 3-15.14, | ||
10-22.31 or 10-22.31a shall be governed by
this and succeeding | ||
Sections of this Article. For purposes of
attaining and | ||
maintaining contractual continued service and computing
length | ||
of continuing service as referred to in this Section and | ||
Section
24-12, employment in a special educational joint | ||
program shall be deemed a
continuation of all previous | ||
certificated employment of such teacher for
such joint | ||
agreement whether the employer of the teacher was the joint
| ||
agreement, the regional superintendent, or one of the | ||
participating
districts in the joint agreement.
| ||
(j) For any teacher employed after July 1, 1987 as a | ||
full-time teacher in a program of a special education joint |
agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of a reduction in the number of | ||
programs or positions in the joint agreement in which the | ||
notice of dismissal is provided on or before the end of the | ||
2010-2011 school term, the teacher in contractual continued | ||
service is eligible for employment in the joint agreement | ||
programs for which the teacher is legally qualified in order of | ||
greater length of continuing service in the joint agreement, | ||
unless an alternative method of determining the sequence of | ||
dismissal is established in a collective bargaining agreement. | ||
For any teacher employed after July 1, 1987 as a full-time | ||
teacher in a program of a special education joint agreement, | ||
whether the program is operated by the joint agreement or a | ||
member district on behalf of the joint agreement, in the event | ||
of a reduction in the number of programs or positions in the | ||
joint agreement in which the notice of dismissal is provided | ||
during the 2011-2012 school term or a subsequent school term, | ||
the teacher shall be included on the honorable dismissal lists | ||
of all joint agreement programs for positions for which the | ||
teacher is qualified and is eligible for employment in such | ||
programs in accordance with subsections (b) and (c) of Section | ||
24-12 of this Code and the applicable honorable dismissal | ||
policies of the joint agreement. | ||
(k) For any teacher employed after July 1, 1987 as a | ||
full-time teacher in a program of a special education joint |
agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of the dissolution of a joint | ||
agreement, in which the notice to teachers of the dissolution | ||
is provided during the 2010-2011 school term, the teacher in | ||
contractual continued service who is legally qualified shall be | ||
assigned to any comparable position in a member district | ||
currently held by a teacher who has not entered upon | ||
contractual continued service or held by a teacher who has | ||
entered upon contractual continued service with a shorter | ||
length of contractual continued service. Any teacher employed | ||
after July 1, 1987 as a full-time teacher in a program of a | ||
special education joint agreement, whether the program is | ||
operated by the joint agreement or a member district on behalf | ||
of the joint agreement, in the event of the dissolution of a | ||
joint agreement in which the notice to teachers of the | ||
dissolution is provided during the 2011-2012 school term or a | ||
subsequent school term, the teacher who is qualified shall be | ||
included on the order of honorable dismissal lists of each | ||
member district and shall be assigned to any comparable | ||
position in any such district in accordance with subsections | ||
(b) and (c) of Section 24-12 of this Code and the applicable | ||
honorable dismissal policies of each member district.
| ||
(l) The governing board of the joint agreement, or the | ||
administrative
district, if so authorized by the articles of | ||
agreement of the joint
agreement, rather than the board of |
education of a school district, may
carry out employment and | ||
termination actions including dismissals under
this Section | ||
and Section 24-12.
| ||
(m) The employment of any teacher in a special education | ||
program
authorized by Section 14-1.01 through 14-14.01, or a | ||
joint educational
program established under Section 10-22.31a, | ||
shall be under this and the
succeeding Sections of this | ||
Article, and such employment shall be deemed
a continuation of | ||
the previous employment of such teacher in any of the
| ||
participating districts, regardless of the participation of | ||
other
districts in the program. | ||
(n) Any teacher employed as a full-time teacher in
a | ||
special education program prior to September 23, 1987 in which | ||
2 or
more school districts
participate for a probationary | ||
period of 2 consecutive years shall enter
upon contractual | ||
continued service in each of the participating
districts, | ||
subject to this and the succeeding Sections of this Article,
| ||
and, notwithstanding Section 24-1.5 of this Code, in the event | ||
of the termination of the program shall be eligible for
any | ||
vacant position in any of such districts for which such teacher | ||
is
qualified.
| ||
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
| ||
(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| ||
Sec. 24-12. Removal or dismissal of teachers in contractual
| ||
continued service. |
(a) This subsection (a) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided on or before the end of the 2010-2011 school term. If | ||
a teacher in contractual continued service is
removed or | ||
dismissed as a result of a decision of the board to decrease
| ||
the number of teachers employed by the board or to discontinue | ||
some
particular type of teaching service, written notice shall | ||
be mailed to the
teacher and also given the
teacher either by | ||
certified mail, return receipt requested or
personal delivery | ||
with receipt at least 60
days before
the end of the school | ||
term, together with a statement of honorable
dismissal and the | ||
reason therefor, and in all such cases the board shall
first | ||
remove or dismiss all teachers who have not entered upon | ||
contractual
continued service before removing or dismissing | ||
any teacher who has entered
upon contractual continued service | ||
and who is legally qualified to hold a
position currently held | ||
by a teacher who has not entered upon contractual
continued | ||
service. | ||
As between teachers who have entered upon contractual
| ||
continued service, the teacher or teachers with the shorter | ||
length of
continuing service with the district shall be | ||
dismissed first
unless an alternative method of determining the | ||
sequence of dismissal is
established in a collective bargaining | ||
agreement or contract between the
board and a professional | ||
faculty members' organization and except that
this provision | ||
shall not impair the operation of any affirmative action
|
program in the district, regardless of whether it exists by | ||
operation of
law or is conducted on a voluntary basis by the | ||
board. Any teacher
dismissed as a result of such decrease or | ||
discontinuance shall be paid
all earned compensation on or | ||
before the third business day following
the last day of pupil | ||
attendance in the regular school term. | ||
If the
board has any vacancies for the following school | ||
term or within one
calendar year from the beginning of the | ||
following school term, the
positions thereby becoming | ||
available shall be tendered to the teachers
so removed or | ||
dismissed so far as they are legally qualified to hold
such | ||
positions; provided, however, that if the number of honorable
| ||
dismissal notices based on economic necessity exceeds 15% of | ||
the number of full-time
equivalent positions filled by | ||
certified employees (excluding
principals and administrative | ||
personnel) during the preceding school year,
then if the board | ||
has any vacancies for the following school term or within
2 | ||
calendar years from the beginning of the following
school term, | ||
the positions so becoming available shall be tendered to the
| ||
teachers who were so notified and removed or dismissed whenever | ||
they are
legally qualified to hold such positions. Each board | ||
shall, in consultation
with any exclusive employee | ||
representatives, each year establish a list,
categorized by | ||
positions, showing the length of continuing service of each
| ||
teacher who is qualified to hold any such positions, unless an | ||
alternative
method of determining a sequence of dismissal is |
established as provided
for in this Section, in which case a | ||
list shall be made in accordance with
the alternative method. | ||
Copies of the list shall be distributed to the
exclusive | ||
employee representative on or before February 1 of each year.
| ||
Whenever the number of honorable dismissal notices based upon | ||
economic
necessity exceeds 5, or 150% of the average number of | ||
teachers honorably
dismissed in the preceding 3 years, | ||
whichever is more, then the board also
shall hold a public | ||
hearing on the question of the dismissals. Following
the | ||
hearing and board review, the action to approve any such | ||
reduction shall
require a majority vote of the board members.
| ||
(b) This subsection (b) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided during the 2011-2012 school term or a subsequent | ||
school term. If any teacher, whether or not in contractual | ||
continued service, is removed or dismissed as a result of a | ||
decision of a school board to decrease the number of teachers | ||
employed by the board, a decision of a school board to | ||
discontinue some particular type of teaching service, or a | ||
reduction in the number of programs or positions in a special | ||
education joint agreement, then written notice must be mailed | ||
to the teacher and also given to the teacher either by | ||
electronic mail, certified mail, return receipt requested, or | ||
personal delivery with receipt at least 45 days before the end | ||
of the school term, together with a statement of honorable | ||
dismissal and the reason therefor, and in all such cases the |
sequence of dismissal shall occur in accordance with this | ||
subsection (b); except that this subsection (b) shall not | ||
impair the operation of any affirmative action program in the | ||
school district, regardless of whether it exists by operation | ||
of law or is conducted on a voluntary basis by the board. | ||
Each teacher must be categorized into one or more positions | ||
for which the teacher is qualified to hold, based upon legal | ||
qualifications and any other qualifications established in a | ||
district or joint agreement job description, on or before the | ||
May 10 prior to the school year during which the sequence of | ||
dismissal is determined. Within each position and subject to | ||
agreements made by the joint committee on honorable dismissals | ||
that are authorized by subsection (c) of this Section, the | ||
school district or joint agreement must establish 4 groupings | ||
of teachers qualified to hold the position as follows: | ||
(1) Grouping one shall consist of each teacher who is | ||
not in contractual continued service and who (i) has not | ||
received a performance evaluation rating, (ii) is employed | ||
for one school term or less to replace a teacher on leave, | ||
or (iii) is employed on a part-time basis. "Part-time | ||
basis" for the purposes of this subsection (b) means a | ||
teacher who is employed to teach less than a full-day, | ||
teacher workload or less than 5 days of the normal student | ||
attendance week, unless otherwise provided for in a | ||
collective bargaining agreement between the district and | ||
the exclusive representative of the district's teachers. |
For the purposes of this Section, a teacher (A) who is | ||
employed as a full-time teacher but who actually teaches or | ||
is otherwise present and participating in the district's | ||
educational program for less than a school term or (B) who, | ||
in the immediately previous school term, was employed on a | ||
full-time basis and actually taught or was otherwise | ||
present and participated in the district's educational | ||
program for 120 days or more is not considered employed on | ||
a part-time basis. | ||
(2) Grouping 2 shall consist of each teacher with a | ||
Needs Improvement or Unsatisfactory performance evaluation | ||
rating on either of the teacher's last 2 performance | ||
evaluation ratings. | ||
(3) Grouping 3 shall consist of each teacher with a | ||
performance evaluation rating of at least Satisfactory or | ||
Proficient on both of the teacher's last 2 performance | ||
evaluation ratings, if 2 ratings are available, or on the | ||
teacher's last performance evaluation rating, if only one | ||
rating is available, unless the teacher qualifies for | ||
placement into grouping 4. | ||
(4) Grouping 4 shall consist of each teacher whose last | ||
2 performance evaluation ratings are Excellent and each | ||
teacher with 2 Excellent performance evaluation ratings | ||
out of the teacher's last 3 performance evaluation ratings | ||
with a third rating of Satisfactory or Proficient. | ||
Among teachers qualified to hold a position, teachers must |
be dismissed in the order of their groupings, with teachers in | ||
grouping one dismissed first and teachers in grouping 4 | ||
dismissed last. | ||
Within grouping one, the sequence of dismissal must be at | ||
the discretion of the school district or joint agreement. | ||
Within grouping 2, the sequence of dismissal must be based upon | ||
average performance evaluation ratings, with the teacher or | ||
teachers with the lowest average performance evaluation rating | ||
dismissed first. A teacher's average performance evaluation | ||
rating must be calculated using the average of the teacher's | ||
last 2 performance evaluation ratings, if 2 ratings are | ||
available, or the teacher's last performance evaluation | ||
rating, if only one rating is available, using the following | ||
numerical values: 4 for Excellent; 3 for Proficient or | ||
Satisfactory; 2 for Needs Improvement; and 1 for | ||
Unsatisfactory. As between or among teachers in grouping 2 with | ||
the same average performance evaluation rating and within each | ||
of groupings 3 and 4, the teacher or teachers with the shorter | ||
length of continuing service with the school district or joint | ||
agreement must be dismissed first unless an alternative method | ||
of determining the sequence of dismissal is established in a | ||
collective bargaining agreement or contract between the board | ||
and a professional faculty members' organization. | ||
Each board, including the governing board of a joint | ||
agreement, shall, in consultation with any exclusive employee | ||
representatives, each year establish a sequence of honorable |
dismissal list categorized by positions and the groupings | ||
defined in this subsection (b). Copies of the list showing each | ||
teacher by name and categorized by positions and the groupings | ||
defined in this subsection (b) must be distributed to the | ||
exclusive bargaining representative at least 75 days before the | ||
end of the school term, provided that the school district or | ||
joint agreement may, with notice to any exclusive employee | ||
representatives, move teachers from grouping one into another | ||
grouping during the period of time from 75 days until 45 days | ||
before the end of the school term. Each year, each board shall | ||
also establish, in consultation with any exclusive employee | ||
representatives, a list showing the length of continuing | ||
service of each teacher who is qualified to hold any such | ||
positions, unless an alternative method of determining a | ||
sequence of dismissal is established as provided for in this | ||
Section, in which case a list must be made in accordance with | ||
the alternative method. Copies of the list must be distributed | ||
to the exclusive employee representative at least 75 days | ||
before the end of the school term. | ||
Any teacher dismissed as a result of such decrease or | ||
discontinuance must be paid all earned compensation on or | ||
before the third business day following the last day of pupil | ||
attendance in the regular school term. | ||
If the board or joint agreement has any vacancies for the | ||
following school term or within one calendar year from the | ||
beginning of the following school term, the positions thereby |
becoming available must be tendered to the teachers so removed | ||
or dismissed who were in grouping groupings 3 or 4 of the | ||
sequence of dismissal and are qualified to hold the positions, | ||
based upon legal qualifications and any other qualifications | ||
established in a district or joint agreement job description, | ||
on or before the May 10 prior to the date of the positions | ||
becoming available, provided that if the number of honorable | ||
dismissal notices based on economic necessity exceeds 15% of | ||
the number of full-time equivalent positions filled by | ||
certified employees (excluding principals and administrative | ||
personnel) during the preceding school year, then the recall | ||
period is for the following school term or within 2 calendar | ||
years from the beginning of the following school term. If the | ||
board or joint agreement has any vacancies within the period | ||
from the beginning of the following school term through | ||
February 1 of the following school term (unless a date later | ||
than February 1, but no later than 6 months from the beginning | ||
of the following school term, is established in a collective | ||
bargaining agreement), the positions thereby becoming | ||
available must be tendered to the teachers so removed or | ||
dismissed who were in grouping 2 of the sequence of dismissal | ||
due to one "needs improvement" rating on either of the | ||
teacher's last 2 performance evaluation ratings, provided | ||
that, if 2 ratings are available, the other performance | ||
evaluation rating used for grouping purposes is | ||
"satisfactory", "proficient", or "excellent", and are |
qualified to hold the positions, based upon legal | ||
qualifications and any other qualifications established in a | ||
district or joint agreement job description, on or before the | ||
May 10 prior to the date of the positions becoming available. | ||
On and after July 1, 2014 (the effective date of Public Act | ||
98-648), the preceding sentence shall apply to teachers removed | ||
or dismissed by honorable dismissal, even if notice of | ||
honorable dismissal occurred during the 2013-2014 school year. | ||
Among teachers eligible for recall pursuant to the preceding | ||
sentence, the order of recall must be in inverse order of | ||
dismissal, unless an alternative order of recall is established | ||
in a collective bargaining agreement or contract between the | ||
board and a professional faculty members' organization. | ||
Whenever the number of honorable dismissal notices based upon | ||
economic necessity exceeds 5 notices or 150% of the average | ||
number of teachers honorably dismissed in the preceding 3 | ||
years, whichever is more, then the school board or governing | ||
board of a joint agreement, as applicable, shall also hold a | ||
public hearing on the question of the dismissals. Following the | ||
hearing and board review, the action to approve any such | ||
reduction shall require a majority vote of the board members. | ||
For purposes of this subsection (b), subject to agreement | ||
on an alternative definition reached by the joint committee | ||
described in subsection (c) of this Section, a teacher's | ||
performance evaluation rating means the overall performance | ||
evaluation rating resulting from an annual or biennial |
performance evaluation conducted pursuant to Article 24A of | ||
this Code by the school district or joint agreement determining | ||
the sequence of dismissal, not including any performance | ||
evaluation conducted during or at the end of a remediation | ||
period. No more than one evaluation rating each school term | ||
shall be one of the evaluation ratings used for the purpose of | ||
determining the sequence of dismissal. Except as otherwise | ||
provided in this subsection for any performance evaluations | ||
conducted during or at the end of a remediation period, if | ||
multiple performance evaluations are conducted in a school | ||
term, only the rating from the last evaluation conducted prior | ||
to establishing the sequence of honorable dismissal list in | ||
such school term shall be the one evaluation rating from that | ||
school term used for the purpose of determining the sequence of | ||
dismissal. Averaging ratings from multiple evaluations is not | ||
permitted unless otherwise agreed to in a collective bargaining | ||
agreement or contract between the board and a professional | ||
faculty members' organization. The preceding 3 sentences are | ||
not a legislative declaration that existing law does or does | ||
not already require that only one performance evaluation each | ||
school term shall be used for the purpose of determining the | ||
sequence of dismissal. For performance evaluation ratings | ||
determined prior to September 1, 2012, any school district or | ||
joint agreement with a performance evaluation rating system | ||
that does not use either of the rating category systems | ||
specified in subsection (d) of Section 24A-5 of this Code for |
all teachers must establish a basis for assigning each teacher | ||
a rating that complies with subsection (d) of Section 24A-5 of | ||
this Code for all of the performance evaluation ratings that | ||
are to be used to determine the sequence of dismissal. A | ||
teacher's grouping and ranking on a sequence of honorable | ||
dismissal shall be deemed a part of the teacher's performance | ||
evaluation, and that information shall be disclosed to the | ||
exclusive bargaining representative as part of a sequence of | ||
honorable dismissal list, notwithstanding any laws prohibiting | ||
disclosure of such information. A performance evaluation | ||
rating may be used to determine the sequence of dismissal, | ||
notwithstanding the pendency of any grievance resolution or | ||
arbitration procedures relating to the performance evaluation. | ||
If a teacher has received at least one performance evaluation | ||
rating conducted by the school district or joint agreement | ||
determining the sequence of dismissal and a subsequent | ||
performance evaluation is not conducted in any school year in | ||
which such evaluation is required to be conducted under Section | ||
24A-5 of this Code, the teacher's performance evaluation rating | ||
for that school year for purposes of determining the sequence | ||
of dismissal is deemed Proficient , except that, during any time | ||
in which the Governor has declared a disaster due to a public | ||
health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act, this default to Proficient | ||
does not apply to any teacher who has entered into contractual | ||
continued service and who was deemed Excellent on his or her |
most recent evaluation . During any time in which the Governor | ||
has declared a disaster due to a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act and unless the school board and any exclusive | ||
bargaining representative have completed the performance | ||
rating for teachers or have mutually agreed to an alternate | ||
performance rating, any teacher who has entered into | ||
contractual continued service, whose most recent evaluation | ||
was deemed Excellent, and whose performance evaluation is not | ||
conducted when the evaluation is required to be conducted shall | ||
receive a teacher's performance rating deemed Excellent. A | ||
school board and any exclusive bargaining representative may | ||
mutually agree to an alternate performance rating for teachers | ||
not in contractual continued service during any time in which | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, as long as the agreement is in writing. | ||
If a performance evaluation rating is nullified as the result | ||
of an arbitration, administrative agency, or court | ||
determination, then the school district or joint agreement is | ||
deemed to have conducted a performance evaluation for that | ||
school year, but the performance evaluation rating may not be | ||
used in determining the sequence of dismissal. | ||
Nothing in this subsection (b) shall be construed as | ||
limiting the right of a school board or governing board of a | ||
joint agreement to dismiss a teacher not in contractual |
continued service in accordance with Section 24-11 of this | ||
Code. | ||
Any provisions regarding the sequence of honorable | ||
dismissals and recall of honorably dismissed teachers in a | ||
collective bargaining agreement entered into on or before | ||
January 1, 2011 and in effect on June 13, 2011 (the effective | ||
date of Public Act 97-8) that may conflict with Public Act 97-8 | ||
shall remain in effect through the expiration of such agreement | ||
or June 30, 2013, whichever is earlier. | ||
(c) Each school district and special education joint | ||
agreement must use a joint committee composed of equal | ||
representation selected by the school board and its teachers | ||
or, if applicable, the exclusive bargaining representative of | ||
its teachers, to address the matters described in paragraphs | ||
(1) through (5) of this subsection (c) pertaining to honorable | ||
dismissals under subsection (b) of this Section. | ||
(1) The joint committee must consider and may agree to | ||
criteria for excluding from grouping 2 and placing into | ||
grouping 3 a teacher whose last 2 performance evaluations | ||
include a Needs Improvement and either a Proficient or | ||
Excellent. | ||
(2) The joint committee must consider and may agree to | ||
an alternative definition for grouping 4, which definition | ||
must take into account prior performance evaluation | ||
ratings and may take into account other factors that relate | ||
to the school district's or program's educational |
objectives. An alternative definition for grouping 4 may | ||
not permit the inclusion of a teacher in the grouping with | ||
a Needs Improvement or Unsatisfactory performance | ||
evaluation rating on either of the teacher's last 2 | ||
performance evaluation ratings. | ||
(3) The joint committee may agree to including within | ||
the definition of a performance evaluation rating a | ||
performance evaluation rating administered by a school | ||
district or joint agreement other than the school district | ||
or joint agreement determining the sequence of dismissal. | ||
(4) For each school district or joint agreement that | ||
administers performance evaluation ratings that are | ||
inconsistent with either of the rating category systems | ||
specified in subsection (d) of Section 24A-5 of this Code, | ||
the school district or joint agreement must consult with | ||
the joint committee on the basis for assigning a rating | ||
that complies with subsection (d) of Section 24A-5 of this | ||
Code to each performance evaluation rating that will be | ||
used in a sequence of dismissal. | ||
(5) Upon request by a joint committee member submitted | ||
to the employing board by no later than 10 days after the | ||
distribution of the sequence of honorable dismissal list, a | ||
representative of the employing board shall, within 5 days | ||
after the request, provide to members of the joint | ||
committee a list showing the most recent and prior | ||
performance evaluation ratings of each teacher identified |
only by length of continuing service in the district or | ||
joint agreement and not by name. If, after review of this | ||
list, a member of the joint committee has a good faith | ||
belief that a disproportionate number of teachers with | ||
greater length of continuing service with the district or | ||
joint agreement have received a recent performance | ||
evaluation rating lower than the prior rating, the member | ||
may request that the joint committee review the list to | ||
assess whether such a trend may exist. Following the joint | ||
committee's review, but by no later than the end of the | ||
applicable school term, the joint committee or any member | ||
or members of the joint committee may submit a report of | ||
the review to the employing board and exclusive bargaining | ||
representative, if any. Nothing in this paragraph (5) shall | ||
impact the order of honorable dismissal or a school | ||
district's or joint agreement's authority to carry out a | ||
dismissal in accordance with subsection (b) of this | ||
Section. | ||
Agreement by the joint committee as to a matter requires | ||
the majority vote of all committee members, and if the joint | ||
committee does not reach agreement on a matter, then the | ||
otherwise applicable requirements of subsection (b) of this | ||
Section shall apply. Except as explicitly set forth in this | ||
subsection (c), a joint committee has no authority to agree to | ||
any further modifications to the requirements for honorable | ||
dismissals set forth in subsection (b) of this Section.
The |
joint committee must be established, and the first meeting of | ||
the joint committee each school year must occur on or before | ||
December 1. | ||
The joint committee must reach agreement on a matter on or | ||
before February 1 of a school year in order for the agreement | ||
of the joint committee to apply to the sequence of dismissal | ||
determined during that school year. Subject to the February 1 | ||
deadline for agreements, the agreement of a joint committee on | ||
a matter shall apply to the sequence of dismissal until the | ||
agreement is amended or terminated by the joint committee. | ||
The provisions of the Open Meetings Act shall not apply to | ||
meetings of a joint committee created under this subsection | ||
(c). | ||
(d) Notwithstanding anything to the contrary in this | ||
subsection (d), the requirements and dismissal procedures of | ||
Section 24-16.5 of this Code shall apply to any dismissal | ||
sought under Section 24-16.5 of this Code. | ||
(1) If a dismissal of a teacher in contractual | ||
continued service is sought for any reason or cause other | ||
than an honorable dismissal under subsections (a) or (b) of | ||
this Section or a dismissal sought under Section 24-16.5 of | ||
this Code,
including those under Section 10-22.4, the board | ||
must first approve a
motion containing specific charges by | ||
a majority vote of all its
members. Written notice of such | ||
charges, including a bill of particulars and the teacher's | ||
right to request a hearing, must be mailed to the teacher |
and also given to the teacher either by electronic mail, | ||
certified mail, return receipt requested, or personal | ||
delivery with receipt
within 5 days of the adoption of the | ||
motion. Any written notice sent on or after July 1, 2012 | ||
shall inform the teacher of the right to request a hearing | ||
before a mutually selected hearing officer, with the cost | ||
of the hearing officer split equally between the teacher | ||
and the board, or a hearing before a board-selected hearing | ||
officer, with the cost of the hearing officer paid by the | ||
board. | ||
Before setting a hearing on charges stemming from | ||
causes that are considered remediable, a board must give | ||
the teacher reasonable warning in writing, stating | ||
specifically the causes that, if not removed, may result in | ||
charges; however, no such written warning is required if | ||
the causes have been the subject of a remediation plan | ||
pursuant to Article 24A of this Code. | ||
If, in the opinion of the board, the interests of the | ||
school require it, the board may suspend the teacher | ||
without pay, pending the hearing, but if the board's | ||
dismissal or removal is not sustained, the teacher shall | ||
not suffer the loss of any salary or benefits by reason of | ||
the suspension. | ||
(2) No hearing upon the charges is required unless the
| ||
teacher within 17 days after receiving notice requests in | ||
writing of the
board that a hearing be scheduled before a |
mutually selected hearing officer or a hearing officer | ||
selected by the board.
The secretary of the school board | ||
shall forward a copy of the notice to the
State Board of | ||
Education. | ||
(3) Within 5 business days after receiving a notice of
| ||
hearing in which either notice to the teacher was sent | ||
before July 1, 2012 or, if the notice was sent on or after | ||
July 1, 2012, the teacher has requested a hearing before a | ||
mutually selected hearing officer, the State Board of | ||
Education shall provide a list of 5
prospective, impartial | ||
hearing officers from the master list of qualified, | ||
impartial hearing officers maintained by the State Board of | ||
Education. Each person on the master list must (i) be
| ||
accredited by a national arbitration organization and have | ||
had a minimum of 5
years of experience directly related to | ||
labor and employment
relations matters between employers | ||
and employees or
their exclusive bargaining | ||
representatives and (ii) beginning September 1, 2012, have | ||
participated in training provided or approved by the State | ||
Board of Education for teacher dismissal hearing officers | ||
so that he or she is familiar with issues generally | ||
involved in evaluative and non-evaluative dismissals. | ||
If notice to the teacher was sent before July 1, 2012 | ||
or, if the notice was sent on or after July 1, 2012, the | ||
teacher has requested a hearing before a mutually selected | ||
hearing officer, the board and the teacher or their
legal |
representatives within 3 business days shall alternately | ||
strike one name from
the list provided by the State Board | ||
of Education until only one name remains. Unless waived by | ||
the teacher, the
teacher shall have the right to
proceed | ||
first with the striking.
Within 3 business days of receipt | ||
of the list provided by the State Board of
Education, the | ||
board and the teacher or their legal representatives shall | ||
each
have the right to reject all prospective hearing | ||
officers named on the
list and notify the State Board of | ||
Education of such rejection. Within 3 business days after | ||
receiving this notification, the State
Board of Education | ||
shall appoint a qualified person from the master list who | ||
did not appear on the list sent to the parties to serve as | ||
the hearing officer, unless the parties notify it that they | ||
have chosen to alternatively select a hearing officer under | ||
paragraph (4) of this subsection (d). | ||
If the teacher has requested a hearing before a hearing | ||
officer selected by the board, the board shall select one | ||
name from the master list of qualified impartial hearing | ||
officers maintained by the State Board of Education within | ||
3 business days after receipt and shall notify the State | ||
Board of Education of its selection. | ||
A hearing officer mutually selected by the parties, | ||
selected by the board, or selected through an alternative | ||
selection process under paragraph (4) of this subsection | ||
(d) (A) must not be a resident of the school district, (B) |
must be available to commence the hearing within 75 days | ||
and conclude the hearing within 120 days after being | ||
selected as the hearing officer, and (C) must issue a | ||
decision as to whether the teacher must be dismissed and | ||
give a copy of that decision to both the teacher and the | ||
board within 30 days from the conclusion of the hearing or | ||
closure of the record, whichever is later. | ||
If the Governor has declared a disaster due to a public | ||
health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act and except if the parties | ||
mutually agree otherwise and the agreement is in writing, | ||
the requirements of this Section pertaining to prehearings | ||
and hearings are paused and do not begin to toll until the | ||
proclamation is no longer in effect. If mutually agreed to | ||
and reduced to writing, the parties may proceed with the | ||
prehearing and hearing requirements of this Section and may | ||
also agree to extend the timelines of this Section | ||
connected to the appointment and selection of a hearing | ||
officer and those connected to commencing and concluding a | ||
hearing. Any hearing convened during a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act may be convened remotely. Any hearing | ||
officer for a hearing convened during a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act may voluntarily withdraw from the | ||
hearing and another hearing officer shall be selected or |
appointed pursuant to this Section. | ||
(4) In the alternative
to selecting a hearing officer | ||
from the list received from the
State Board of Education or | ||
accepting the appointment of a hearing officer by the State | ||
Board of Education or if the State Board of Education | ||
cannot provide a list or appoint a hearing officer that | ||
meets the foregoing requirements, the board and the teacher | ||
or their legal
representatives may mutually agree to select | ||
an impartial hearing officer who
is not on the master list | ||
either by direct
appointment by the parties or by using | ||
procedures for the appointment of an
arbitrator | ||
established by the Federal Mediation and Conciliation | ||
Service or the
American Arbitration Association. The | ||
parties shall notify the State Board of
Education of their | ||
intent to select a hearing officer using an alternative
| ||
procedure within 3 business days of receipt of a list of | ||
prospective hearing officers
provided by the State Board of | ||
Education, notice of appointment of a hearing officer by | ||
the State Board of Education, or receipt of notice from the | ||
State Board of Education that it cannot provide a list that | ||
meets the foregoing requirements, whichever is later. | ||
(5) If the notice of dismissal was sent to the teacher | ||
before July 1, 2012, the fees and costs for the hearing | ||
officer must be paid by the State Board of Education. If | ||
the notice of dismissal was sent to the teacher on or after | ||
July 1, 2012, the hearing officer's fees and costs must be |
paid as follows in this paragraph (5). The fees and | ||
permissible costs for the hearing officer must be | ||
determined by the State Board of Education. If the board | ||
and the teacher or their legal representatives mutually | ||
agree to select an impartial hearing officer who is not on | ||
a list received from the State Board of Education, they may | ||
agree to supplement the fees determined by the State Board | ||
to the hearing officer, at a rate consistent with the | ||
hearing officer's published professional fees. If the | ||
hearing officer is mutually selected by the parties, then | ||
the board and the teacher or their legal representatives | ||
shall each pay 50% of the fees and costs and any | ||
supplemental allowance to which they agree. If the hearing | ||
officer is selected by the board, then the board shall pay | ||
100% of the hearing officer's fees and costs. The fees and | ||
costs must be paid to the hearing officer within 14 days | ||
after the board and the teacher or their legal | ||
representatives receive the hearing officer's decision set | ||
forth in paragraph (7) of this subsection (d). | ||
(6) The teacher is required to answer the bill of | ||
particulars and aver affirmative matters in his or her | ||
defense, and the time for initially doing so and the time | ||
for updating such answer and defenses after pre-hearing | ||
discovery must be set by the hearing officer.
The State | ||
Board of Education shall
promulgate rules so that each | ||
party has a fair opportunity to present its case and to |
ensure that the dismissal process proceeds in a fair and | ||
expeditious manner. These rules shall address, without | ||
limitation, discovery and hearing scheduling conferences; | ||
the teacher's initial answer and affirmative defenses to | ||
the bill of particulars and the updating of that | ||
information after pre-hearing discovery; provision for | ||
written interrogatories and requests for production of | ||
documents; the requirement that each party initially | ||
disclose to the other party and then update the disclosure | ||
no later than 10 calendar days prior to the commencement of | ||
the hearing, the names and addresses of persons who may be | ||
called as
witnesses at the hearing, a summary of the facts | ||
or opinions each witness will testify to, and all other
| ||
documents and materials, including information maintained | ||
electronically, relevant to its own as well as the other | ||
party's case (the hearing officer may exclude witnesses and | ||
exhibits not identified and shared, except those offered in | ||
rebuttal for which the party could not reasonably have | ||
anticipated prior to the hearing); pre-hearing discovery | ||
and preparation, including provision for written | ||
interrogatories and requests for production of documents, | ||
provided that discovery depositions are prohibited; the | ||
conduct of the hearing; the right of each party to be | ||
represented by counsel, the offer of evidence and witnesses | ||
and the cross-examination of witnesses; the authority of | ||
the hearing officer to issue subpoenas and subpoenas duces |
tecum, provided that the hearing officer may limit the | ||
number of witnesses to be subpoenaed on behalf of each | ||
party to no more than 7; the length of post-hearing briefs; | ||
and the form, length, and content of hearing officers' | ||
decisions. The hearing officer
shall hold a hearing and | ||
render a final decision for dismissal pursuant to Article | ||
24A of this Code or shall report to the school board | ||
findings of fact and a recommendation as to whether or not | ||
the teacher must be dismissed for conduct. The hearing | ||
officer shall commence the hearing within 75 days and | ||
conclude the hearing within 120 days after being selected | ||
as the hearing officer, provided that the hearing officer | ||
may modify these timelines upon the showing of good cause | ||
or mutual agreement of the parties. Good cause for the | ||
purpose of this subsection (d) shall mean the illness or | ||
otherwise unavoidable emergency of the teacher, district | ||
representative, their legal representatives, the hearing | ||
officer, or an essential witness as indicated in each | ||
party's pre-hearing submission. In a dismissal hearing | ||
pursuant to Article 24A of this Code in which a witness is | ||
a student or is under the age of 18, the hearing officer | ||
must make accommodations for the witness, as provided under | ||
paragraph (6.5) of this subsection. The hearing officer | ||
shall consider and give weight to all of the teacher's | ||
evaluations written pursuant to Article 24A that are | ||
relevant to the issues in the hearing. |
Each party shall have no more than 3 days to present | ||
its case, unless extended by the hearing officer to enable | ||
a party to present adequate evidence and testimony, | ||
including due to the other party's cross-examination of the | ||
party's witnesses, for good cause or by mutual agreement of | ||
the parties. The State Board of Education shall define in | ||
rules the meaning of "day" for such purposes. All testimony | ||
at the hearing shall be taken under oath
administered by | ||
the hearing officer. The hearing officer shall cause a
| ||
record of the proceedings to be kept and shall employ a | ||
competent reporter
to take stenographic or stenotype notes | ||
of all the testimony. The costs of
the reporter's | ||
attendance and services at the hearing shall be paid by the | ||
party or parties who are responsible for paying the fees | ||
and costs of the hearing officer. Either party desiring a | ||
transcript of the hearing
shall pay for the cost thereof. | ||
Any post-hearing briefs must be submitted by the parties by | ||
no later than 21 days after a party's receipt of the | ||
transcript of the hearing, unless extended by the hearing | ||
officer for good cause or by mutual agreement of the | ||
parties. | ||
(6.5) In the case of charges involving sexual abuse or | ||
severe physical abuse of a student or a person under the | ||
age of 18, the hearing officer shall make alternative | ||
hearing procedures to protect a witness who is a student or | ||
who is under the age of 18 from being intimidated or |
traumatized. Alternative hearing procedures may include, | ||
but are not limited to: (i) testimony made via a | ||
telecommunication device in a location other than the | ||
hearing room and outside the physical presence of the | ||
teacher and other hearing participants, (ii) testimony | ||
outside the physical presence of the teacher, or (iii) | ||
non-public testimony. During a testimony described under | ||
this subsection, each party must be permitted to ask a | ||
witness who is a student or who is under 18 years of age | ||
all relevant questions and follow-up questions. All | ||
questions must exclude evidence of the witness' sexual | ||
behavior or predisposition, unless the evidence is offered | ||
to prove that someone other than the teacher subject to the | ||
dismissal hearing engaged in the charge at issue. | ||
(7) The hearing officer shall, within 30 days from the | ||
conclusion of the
hearing or closure of the record, | ||
whichever is later,
make a decision as to whether or not | ||
the teacher shall be dismissed pursuant to Article 24A of | ||
this Code or report to the school board findings of fact | ||
and a recommendation as to whether or not the teacher shall | ||
be dismissed for cause and
shall give a copy of the | ||
decision or findings of fact and recommendation to both the | ||
teacher and the school
board.
If a hearing officer fails
| ||
without good cause, specifically provided in writing to | ||
both parties and the State Board of Education, to render a | ||
decision or findings of fact and recommendation within 30 |
days after the hearing is
concluded or the
record is | ||
closed, whichever is later,
the
parties may mutually agree | ||
to select a hearing officer pursuant to the
alternative
| ||
procedure, as provided in this Section,
to rehear the | ||
charges heard by the hearing officer who failed to render a
| ||
decision or findings of fact and recommendation or to | ||
review the record and render a decision.
If any hearing
| ||
officer fails without good cause, specifically provided in | ||
writing to both parties and the State Board of Education, | ||
to render a decision or findings of fact and recommendation | ||
within 30 days after the
hearing is concluded or the record | ||
is closed, whichever is later, the hearing
officer shall be | ||
removed
from the master
list of hearing officers maintained | ||
by the State Board of Education for not more than 24 | ||
months. The parties and the State Board of Education may | ||
also take such other actions as it deems appropriate, | ||
including recovering, reducing, or withholding any fees | ||
paid or to be paid to the hearing officer. If any hearing | ||
officer repeats such failure, he or she must be permanently | ||
removed from the master list maintained by the State Board | ||
of Education and may not be selected by parties through the | ||
alternative selection process under this paragraph (7) or | ||
paragraph (4) of this subsection (d).
The board shall not | ||
lose jurisdiction to discharge a teacher if the hearing
| ||
officer fails to render a decision or findings of fact and | ||
recommendation within the time specified in this
Section. |
If the decision of the hearing officer for dismissal | ||
pursuant to Article 24A of this Code or of the school board | ||
for dismissal for cause is in favor of the teacher, then | ||
the hearing officer or school board shall order | ||
reinstatement to the same or substantially equivalent | ||
position and shall determine the amount for which the | ||
school board is liable, including, but not limited to, loss | ||
of income and benefits. | ||
(8) The school board, within 45 days after receipt of | ||
the hearing officer's findings of fact and recommendation | ||
as to whether (i) the conduct at issue occurred, (ii) the | ||
conduct that did occur was remediable, and (iii) the | ||
proposed dismissal should be sustained, shall issue a | ||
written order as to whether the teacher must be retained or | ||
dismissed for cause from its employ. The school board's | ||
written order shall incorporate the hearing officer's | ||
findings of fact, except that the school board may modify | ||
or supplement the findings of fact if, in its opinion, the | ||
findings of fact are against the manifest weight of the | ||
evidence. | ||
If the school board dismisses the teacher | ||
notwithstanding the hearing officer's findings of fact and | ||
recommendation, the school board shall make a conclusion in | ||
its written order, giving its reasons therefor, and such | ||
conclusion and reasons must be included in its written | ||
order. The failure of the school board to strictly adhere |
to the timelines contained in this Section shall not render | ||
it without jurisdiction to dismiss the teacher. The school | ||
board shall not lose jurisdiction to discharge the teacher | ||
for cause if the hearing officer fails to render a | ||
recommendation within the time specified in this Section. | ||
The decision of the school board is final, unless reviewed | ||
as provided in paragraph (9) of this subsection (d). | ||
If the school board retains the teacher, the school | ||
board shall enter a written order stating the amount of | ||
back pay and lost benefits, less mitigation, to be paid to | ||
the teacher, within 45 days after its retention order. | ||
Should the teacher object to the amount of the back pay and | ||
lost benefits or amount mitigated, the teacher shall give | ||
written objections to the amount within 21 days. If the | ||
parties fail to reach resolution within 7 days, the dispute | ||
shall be referred to the hearing officer, who shall | ||
consider the school board's written order and teacher's | ||
written objection and determine the amount to which the | ||
school board is liable. The costs of the hearing officer's | ||
review and determination must be paid by the board. | ||
(9)
The decision of the hearing officer pursuant to | ||
Article 24A of this Code or of the school board's decision | ||
to dismiss for cause is final unless reviewed as
provided | ||
in Section 24-16 of this Code. If the school board's | ||
decision to dismiss for cause is contrary to the hearing | ||
officer's recommendation, the court on review shall give |
consideration to the school board's decision and its | ||
supplemental findings of fact, if applicable, and the | ||
hearing officer's findings of fact and recommendation in | ||
making its decision. In the event such review is
| ||
instituted, the school board shall be responsible for | ||
preparing and filing the record of proceedings, and such | ||
costs associated therewith must be divided equally between | ||
the parties.
| ||
(10) If a decision of the hearing officer for dismissal | ||
pursuant to Article 24A of this Code or of the school board | ||
for dismissal for cause is adjudicated upon review or
| ||
appeal in favor of the teacher, then the trial court shall | ||
order
reinstatement and shall remand the matter to the | ||
school board with direction for entry of an order setting | ||
the amount of back pay, lost benefits, and costs, less | ||
mitigation. The teacher may challenge the school board's | ||
order setting the amount of back pay, lost benefits, and | ||
costs, less mitigation, through an expedited arbitration | ||
procedure, with the costs of the arbitrator borne by the | ||
school board.
| ||
Any teacher who is reinstated by any hearing or | ||
adjudication brought
under this Section shall be assigned | ||
by the board to a position
substantially similar to the one | ||
which that teacher held prior to that
teacher's suspension | ||
or dismissal.
| ||
(11) Subject to any later effective date referenced in |
this Section for a specific aspect of the dismissal | ||
process, the changes made by Public Act 97-8 shall apply to | ||
dismissals instituted on or after September 1, 2011. Any | ||
dismissal instituted prior to September 1, 2011 must be | ||
carried out in accordance with the requirements of this | ||
Section prior to amendment by Public Act 97-8.
| ||
(e) Nothing contained in Public Act 98-648 repeals, | ||
supersedes, invalidates, or nullifies final decisions in | ||
lawsuits pending on July 1, 2014 (the effective date of Public | ||
Act 98-648) in Illinois courts involving the interpretation of | ||
Public Act 97-8. | ||
(Source: P.A. 100-768, eff. 1-1-19; 101-81, eff. 7-12-19; | ||
101-531, eff. 8-23-19; revised 12-3-19.)
| ||
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | ||
Sec. 24A-5. Content of evaluation plans. This Section does | ||
not apply to teachers assigned to schools identified in an | ||
agreement entered into between the board of a school district | ||
operating under Article 34 of this Code and the exclusive | ||
representative of the district's teachers in accordance with | ||
Section 34-85c of this Code.
| ||
Each school district to
which this Article applies shall | ||
establish a teacher evaluation plan
which ensures that each | ||
teacher in contractual continued service
is evaluated at least | ||
once in the course of every 2 school years. | ||
By no later than September 1, 2012, each school district |
shall establish a teacher evaluation plan that ensures that: | ||
(1) each teacher not in contractual continued service | ||
is evaluated at least once every school year; and | ||
(2) each teacher in contractual continued service is | ||
evaluated at least once in the course of every 2 school | ||
years. However, any teacher in contractual continued | ||
service whose performance is rated as either "needs | ||
improvement" or "unsatisfactory" must be evaluated at | ||
least once in the school year following the receipt of such | ||
rating. | ||
Notwithstanding anything to the contrary in this Section or | ||
any other Section of the School Code, a principal shall not be | ||
prohibited from evaluating any teachers within a school during | ||
his or her first year as principal of such school. If a | ||
first-year principal exercises this option in a school district | ||
where the evaluation plan provides for a teacher in contractual | ||
continued service to be evaluated once in the course of every 2 | ||
school years, then a new 2-year evaluation plan must be | ||
established. | ||
The evaluation plan shall comply with the requirements of | ||
this Section and
of any rules adopted by the State Board of | ||
Education pursuant to this Section. | ||
The plan shall include a description of each teacher's | ||
duties
and responsibilities and of the standards to which that | ||
teacher
is expected to conform, and shall include at least the | ||
following components: |
(a) personal observation of the teacher in the | ||
classroom by the evaluator, unless
the teacher has no | ||
classroom duties. | ||
(b) consideration of the teacher's attendance, | ||
planning,
instructional methods, classroom management, | ||
where relevant, and
competency in the subject matter | ||
taught. | ||
(c) by no later than the applicable implementation | ||
date, consideration of student growth as a significant | ||
factor in the rating of the teacher's performance. | ||
(d) prior to September 1, 2012, rating of the | ||
performance of teachers in contractual continued service | ||
as either: | ||
(i) "excellent",
"satisfactory" or | ||
"unsatisfactory"; or | ||
(ii) "excellent", "proficient", "needs | ||
improvement" or "unsatisfactory". | ||
(e) on and after September 1, 2012, rating of the | ||
performance of all teachers as "excellent", "proficient", | ||
"needs improvement" or "unsatisfactory". | ||
(f) specification as to the teacher's strengths and | ||
weaknesses, with
supporting reasons for the comments made. | ||
(g) inclusion of a copy of the evaluation in the | ||
teacher's personnel
file and provision of a copy to the | ||
teacher. | ||
(h) within 30 school days after the completion of an |
evaluation rating a teacher in contractual continued | ||
service as "needs improvement", development by the | ||
evaluator, in consultation with the teacher, and taking | ||
into account the teacher's on-going professional | ||
responsibilities including his or her regular teaching | ||
assignments, of a professional development plan directed | ||
to the areas that need improvement and any supports that | ||
the district will provide to address the areas identified | ||
as needing improvement. | ||
(i) within 30 school days after completion of an | ||
evaluation rating a teacher
in contractual continued | ||
service as "unsatisfactory", development and commencement | ||
by the district of a remediation plan designed to correct | ||
deficiencies
cited, provided the deficiencies are deemed | ||
remediable.
In all school districts the
remediation plan | ||
for unsatisfactory, tenured teachers shall
provide for 90 | ||
school days of remediation within the
classroom, unless an | ||
applicable collective bargaining agreement provides for a | ||
shorter duration. In all school districts evaluations | ||
issued pursuant
to
this Section shall be
issued within 10 | ||
days after the conclusion of the respective remediation | ||
plan.
However, the school board or other governing | ||
authority of the district
shall not lose
jurisdiction to | ||
discharge a teacher in the event the evaluation is not | ||
issued
within 10 days after the conclusion of the | ||
respective remediation plan. |
(j) participation in the remediation plan by the | ||
teacher in contractual continued service rated
| ||
"unsatisfactory", an evaluator and a consulting teacher | ||
selected by the evaluator of the teacher who was rated | ||
"unsatisfactory", which
consulting teacher is an | ||
educational employee as defined in the Educational
Labor | ||
Relations Act, has at least 5 years' teaching experience, | ||
and a
reasonable familiarity with the assignment of the | ||
teacher being evaluated,
and who received an "excellent" | ||
rating on his or her most
recent evaluation. Where no | ||
teachers who meet these criteria are available
within the | ||
district, the district shall request and the applicable | ||
regional office of education shall supply, to participate | ||
in the remediation process, an
individual who meets these | ||
criteria. | ||
In a district having a population of less than 500,000 | ||
with an
exclusive bargaining agent, the bargaining agent
| ||
may, if it so chooses, supply a roster of qualified | ||
teachers from whom the
consulting teacher is to be | ||
selected. That roster shall, however, contain
the names of | ||
at least 5 teachers, each of whom meets the criteria for
| ||
consulting teacher with regard to the teacher being | ||
evaluated, or the names
of all teachers so qualified if | ||
that number is less than 5. In the event of
a dispute as to | ||
qualification, the State Board shall determine | ||
qualification. |
(k) a mid-point and final evaluation by an evaluator | ||
during and at the end of the remediation period, | ||
immediately following receipt of a remediation plan | ||
provided for under subsections (i) and (j) of this Section. | ||
Each evaluation shall assess the teacher's performance | ||
during the time period since the prior evaluation; provided | ||
that the last evaluation shall also include an overall | ||
evaluation of the teacher's performance during the | ||
remediation period. A written copy of the evaluations and | ||
ratings, in which any deficiencies in performance and | ||
recommendations for correction are identified, shall be | ||
provided to and discussed with the teacher within 10 school | ||
days after the date of the evaluation, unless an applicable | ||
collective bargaining agreement provides to the contrary. | ||
These subsequent evaluations
shall be conducted by an | ||
evaluator. The consulting
teacher shall provide advice to | ||
the teacher rated "unsatisfactory" on how
to improve | ||
teaching skills and to successfully complete the | ||
remediation
plan. The consulting teacher shall participate | ||
in developing the
remediation plan, but the final decision | ||
as to the evaluation shall be done
solely by the evaluator,
| ||
unless an applicable collective bargaining agreement | ||
provides to the contrary.
Evaluations at the
conclusion of | ||
the remediation process shall be separate and distinct from | ||
the
required annual evaluations of teachers and shall not | ||
be subject to the
guidelines and procedures relating to |
those annual evaluations. The evaluator
may but is not | ||
required to use the forms provided for the annual | ||
evaluation of
teachers in the district's evaluation plan. | ||
(l)
reinstatement to the evaluation schedule set forth | ||
in the district's evaluation plan for any teacher in | ||
contractual continued service
who achieves a rating equal | ||
to or better than "satisfactory" or "proficient" in the | ||
school year following a rating of "needs improvement" or | ||
"unsatisfactory". | ||
(m) dismissal in accordance with subsection (d) of | ||
Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | ||
any teacher who fails to complete any applicable | ||
remediation plan
with a rating equal to or better than a | ||
"satisfactory" or "proficient" rating. Districts and | ||
teachers subject to
dismissal hearings are precluded from | ||
compelling the testimony of
consulting teachers at such | ||
hearings under subsection (d) of Section 24-12 or Section | ||
24-16.5 or 34-85 of this Code, either
as to the rating | ||
process or for opinions of performances by teachers under
| ||
remediation. | ||
(n) After the implementation date of an evaluation | ||
system for teachers in a district as specified in Section | ||
24A-2.5 of this Code, if a teacher in contractual continued | ||
service successfully completes a remediation plan | ||
following a rating of "unsatisfactory" in an annual or | ||
biennial overall performance evaluation received after the |
foregoing implementation date and receives a subsequent | ||
rating of "unsatisfactory" in any of the teacher's annual | ||
or biennial overall performance evaluation ratings | ||
received during the 36-month period following the | ||
teacher's completion of the remediation plan, then the | ||
school district may forego remediation and seek dismissal | ||
in accordance with subsection (d) of Section 24-12 or | ||
Section 34-85 of this Code. | ||
Nothing in this Section or Section 24A-4 shall be construed | ||
as preventing immediate
dismissal of a teacher for deficiencies | ||
which are
deemed irremediable or for actions which are | ||
injurious to or endanger the
health or person of students in | ||
the classroom or school, or preventing the dismissal or | ||
non-renewal of teachers not in contractual continued service | ||
for any reason not prohibited by applicable employment, labor, | ||
and civil rights laws. Failure to
strictly comply with the time | ||
requirements contained in Section 24A-5 shall
not invalidate | ||
the results of the remediation plan. | ||
Nothing contained in this amendatory Act of the 98th | ||
General Assembly repeals, supersedes, invalidates, or | ||
nullifies final decisions in lawsuits pending on the effective | ||
date of this amendatory Act of the 98th General Assembly in | ||
Illinois courts involving the interpretation of Public Act | ||
97-8. | ||
If the Governor has declared a disaster due to a public | ||
health emergency pursuant to Section 7 of the Illinois |
Emergency Management Agency Act that suspends in-person | ||
instruction, the timelines in this Section connected to the | ||
commencement and completion of any remediation plan are waived. | ||
Except if the parties mutually agree otherwise and the | ||
agreement is in writing, any remediation plan that had been in | ||
place for more than 45 days prior to the suspension of | ||
in-person instruction shall resume when in-person instruction | ||
resumes and any remediation plan that had been in place for | ||
fewer than 45 days prior to the suspension of in-person | ||
instruction shall be discontinued and a new remediation period | ||
shall begin when in-person instruction resumes. The | ||
requirements of this paragraph apply regardless of whether they | ||
are included in a school district's teacher evaluation plan. | ||
(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648, | ||
eff. 7-1-14.)
| ||
(105 ILCS 5/27-3) (from Ch. 122, par. 27-3)
| ||
Sec. 27-3.
Patriotism and principles of representative
| ||
government - Proper use of flag - Method of voting - Pledge of | ||
Allegiance.
American patriotism and the principles of | ||
representative government,
as enunciated in the American | ||
Declaration of Independence, the
Constitution of the United | ||
States of America and the Constitution of the
State of | ||
Illinois, and the proper use and display of the American flag,
| ||
shall be taught in all public schools and other educational | ||
institutions
supported or maintained in whole or in part by |
public funds. No student
shall receive a certificate of | ||
graduation without passing a satisfactory
examination upon | ||
such subjects , which may be administered remotely .
| ||
Instruction shall be given in all such schools and | ||
institutions in
the method of voting at elections by means of | ||
the Australian Ballot
system and the method of the counting of | ||
votes for candidates.
| ||
The Pledge of Allegiance shall be recited each school day | ||
by pupils in
elementary and secondary educational institutions | ||
supported or maintained
in whole or
in part by public funds.
| ||
(Source: P.A. 92-612, eff. 7-3-02.)
| ||
(105 ILCS 5/27-6.5) | ||
Sec. 27-6.5. Physical fitness assessments in schools. | ||
(a) As used in this Section, "physical fitness assessment" | ||
means a series of assessments to measure aerobic capacity, body | ||
composition, muscular strength, muscular endurance, and | ||
flexibility. | ||
(b) To measure the effectiveness of State Goal 20 of the | ||
Illinois Learning Standards for Physical Development and | ||
Health, beginning with the 2016-2017 school year and every | ||
school year thereafter, the State Board of Education shall | ||
require all public schools to use a scientifically-based, | ||
health-related physical fitness assessment for grades 3 | ||
through 12 and periodically report fitness information to the | ||
State Board of Education, as set forth in subsections (c) and |
(e) of this Section, to assess student fitness indicators. | ||
Public schools shall integrate health-related fitness | ||
testing into the curriculum as an instructional tool, except in | ||
grades before the 3rd grade. Fitness tests must be appropriate | ||
to students' developmental levels and physical abilities. The | ||
testing must be used to teach students how to assess their | ||
fitness levels, set goals for improvement, and monitor progress | ||
in reaching their goals. Fitness scores shall not be used for | ||
grading students or evaluating teachers. | ||
(c) On or before October 1, 2014, the State Superintendent | ||
of Education shall appoint a 15-member stakeholder and expert | ||
task force, including members representing organizations that | ||
represent physical education teachers, school officials, | ||
principals, health promotion and disease prevention advocates | ||
and experts, school health advocates and experts, and other | ||
experts with operational and academic expertise in the | ||
measurement of fitness. The task force shall make | ||
recommendations to the State Board of Education on the | ||
following: | ||
(1) methods for ensuring the validity and uniformity of | ||
reported physical fitness assessment scores, including | ||
assessment administration protocols and professional | ||
development approaches for physical education teachers; | ||
(2) how often physical fitness assessment scores | ||
should be reported to the State Board of Education; | ||
(3) the grade levels within elementary, middle, and |
high school categories for which physical fitness | ||
assessment scores should be reported to the State Board of | ||
Education; | ||
(4) the minimum fitness indicators that should be | ||
reported to the State Board of Education, including, but | ||
not limited to, a score for aerobic capacity (for grades 4 | ||
through 12); muscular strength; endurance; and | ||
flexibility; | ||
(5) the demographic information that should accompany | ||
the scores, including, but not limited to, grade and | ||
gender; | ||
(6) the development of protocols regarding the | ||
protection of students' confidentiality and individual | ||
information and identifiers; and | ||
(7) how physical fitness assessment data should be
| ||
reported by the State Board of Education to the public, | ||
including potential correlations
with student academic | ||
achievement, attendance, and
discipline data and other | ||
recommended uses of the reported data. | ||
The State Board of Education shall provide administrative | ||
and other support to the task force. | ||
The task force shall submit its recommendations on physical | ||
fitness assessments on or before April 1, 2015. The task force | ||
may also recommend methods for assessing student progress on | ||
State Goals 19 and 21 through 24 of the Illinois Learning | ||
Standards for Physical Development and Health. The task force |
is dissolved on April 30, 2015. | ||
The provisions of this subsection (c), other than this | ||
sentence, are inoperative after March 31, 2016. | ||
(d) On or before December 31, 2015, the State Board of | ||
Education shall use the recommendations of the task force under | ||
subsection (c) of this Section to adopt rules for the | ||
implementation of physical fitness assessments by each public | ||
school for the 2016-2017 school year and every school year | ||
thereafter. The requirements of this Section do not apply if | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. | ||
(e) On or before September 1, 2016, the State Board of | ||
Education shall adopt rules for data submission by school | ||
districts and develop a system for collecting and reporting the | ||
aggregated fitness information from the physical fitness | ||
assessments. This system shall also support the collection of | ||
data from school districts that use a fitness testing software | ||
program. | ||
(f) School districts may report the aggregate findings of | ||
physical fitness assessments by grade level and school to | ||
parents and members of the community through typical | ||
communication channels, such as Internet websites, school | ||
newsletters, school board reports, and presentations. | ||
Districts may also provide individual fitness assessment | ||
reports to students' parents. |
(g) Nothing in this Section precludes schools from | ||
implementing a physical fitness assessment before the | ||
2016-2017 school year or from implementing more robust forms of | ||
a physical fitness assessment.
| ||
(Source: P.A. 98-859, eff. 8-4-14.)
| ||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||
Sec. 27-8.1. Health examinations and immunizations. | ||
(1) In compliance with rules and regulations which the | ||
Department of Public
Health shall promulgate, and except as | ||
hereinafter provided, all children in
Illinois shall have a | ||
health examination as follows: within one year prior to
| ||
entering kindergarten or the first grade of any public, | ||
private, or parochial
elementary school; upon entering the | ||
sixth and ninth grades of any public,
private, or parochial | ||
school; prior to entrance into any public, private, or
| ||
parochial nursery school; and, irrespective of grade, | ||
immediately prior to or
upon entrance into any public, private, | ||
or parochial school or nursery school,
each child shall present | ||
proof of having been examined in accordance with this
Section | ||
and the rules and regulations promulgated hereunder. Any child | ||
who received a health examination within one year prior to | ||
entering the fifth grade for the 2007-2008 school year is not | ||
required to receive an additional health examination in order | ||
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the |
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second, sixth, and ninth | ||
grades of any public, private, or parochial school shall have a | ||
dental examination. Each of these children shall present proof | ||
of having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second, sixth, or ninth | ||
grade fails to present proof by May 15th, the school may hold | ||
the child's report card until one of the following occurs: (i) | ||
the child presents proof of a completed dental examination or | ||
(ii) the child presents proof that a dental examination will | ||
take place within 60 days after May 15th. A school may not | ||
withhold a child's report card during a school year in which | ||
the Governor has declared a disaster due to a public health |
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. The Department of Public Health shall | ||
establish, by rule, a waiver for children who show an undue | ||
burden or a lack of access to a dentist. Each public, private, | ||
and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
| ||
(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after January 1, 2008 (the effective | ||
date of Public Act 95-671) and any student enrolling for the | ||
first time in a public, private, or parochial school on or | ||
after January 1, 2008 (the effective date of Public Act 95-671) | ||
shall have an eye examination. Each of these children shall | ||
present proof of having been examined by a physician licensed | ||
to practice medicine in all of its branches or a licensed | ||
optometrist within the previous year, in accordance with this | ||
Section and rules adopted under this Section, before October | ||
15th of the school year. If the child fails to present proof by | ||
October 15th, the school may hold the child's report card until | ||
one of the following occurs: (i) the child presents proof of a | ||
completed eye examination or (ii) the child presents proof that | ||
an eye examination will take place within 60 days after October | ||
15th. A school may not withhold a child's report card during a | ||
school year in which the Governor has declared a disaster due | ||
to a public health emergency pursuant to Section 7 of the |
Illinois Emergency Management Agency Act. The Department of | ||
Public Health shall establish, by rule, a waiver for children | ||
who show an undue burden or a lack of access to a physician | ||
licensed to practice medicine in all of its branches who | ||
provides eye examinations or to a licensed optometrist. Each | ||
public, private, and parochial school must give notice of this | ||
eye examination requirement to the parents and guardians of | ||
students in compliance with rules of the Department of Public | ||
Health. Nothing in this Section shall be construed to allow a | ||
school to exclude a child from attending because of a parent's | ||
or guardian's failure to obtain an eye examination for the | ||
child.
| ||
(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include an | ||
age-appropriate developmental screening, an age-appropriate | ||
social and emotional screening, and the collection of data | ||
relating to asthma and obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of | ||
exam),
and a dental examination and may recommend by rule that | ||
certain additional examinations be performed.
The rules and | ||
regulations of the Department of Public Health shall specify | ||
that
a tuberculosis skin test screening shall be included as a | ||
required part of each
health examination included under this | ||
Section if the child resides in an area
designated by the | ||
Department of Public Health as having a high incidence of
|
tuberculosis.
With respect to the developmental screening and | ||
the social and emotional screening, the Department of Public | ||
Health must, no later than January 1, 2019, develop rules and | ||
appropriate revisions to the Child Health Examination form in | ||
conjunction with a statewide organization representing school | ||
boards; a statewide organization representing pediatricians; | ||
statewide organizations representing individuals holding | ||
Illinois educator licenses with school support personnel | ||
endorsements, including school social workers, school | ||
psychologists, and school nurses; a statewide organization | ||
representing children's mental health experts; a statewide | ||
organization representing school principals; the Director of | ||
Healthcare and Family Services or his or her designee, the | ||
State Superintendent of Education or his or her designee; and | ||
representatives of other appropriate State agencies and, at a | ||
minimum, must recommend the use of validated screening tools | ||
appropriate to the child's age or grade, and, with regard to | ||
the social and emotional screening, require recording only | ||
whether or not the screening was completed. The rules shall | ||
take into consideration the screening recommendations of the | ||
American Academy of Pediatrics and must be consistent with the | ||
State Board of Education's social and emotional learning | ||
standards. The Department of Public Health shall specify that a | ||
diabetes
screening as defined by rule shall be included as a | ||
required part of each
health examination.
Diabetes testing is | ||
not required. |
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice registered nurses, or | ||
licensed physician assistants shall be
responsible for the | ||
performance of the health examinations, other than dental
| ||
examinations, eye examinations, and vision and hearing | ||
screening, and shall sign all report forms
required by | ||
subsection (4) of this Section that pertain to those portions | ||
of
the health examination for which the physician, advanced | ||
practice registered nurse, or
physician assistant is | ||
responsible.
If a registered
nurse performs any part of a | ||
health examination, then a physician licensed to
practice | ||
medicine in all of its branches must review and sign all | ||
required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all | ||
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
| ||
hearing screening tests, which shall not be considered |
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
| ||
Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
| ||
parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months.". | ||
(2.5) With respect to the developmental screening and the | ||
social and emotional screening portion of the health | ||
examination, each child may present proof of having been | ||
screened in accordance with this Section and the rules adopted | ||
under this Section before October 15th of the school year. With | ||
regard to the social and emotional screening only, the | ||
examining health care provider shall only record whether or not | ||
the screening was completed. If the child fails to present | ||
proof of the developmental screening or the social and | ||
emotional screening portions of the health examination by | ||
October 15th of the school year, qualified school support | ||
personnel may, with a parent's or guardian's consent, offer the | ||
developmental screening or the social and emotional screening |
to the child. Each public, private, and parochial school must | ||
give notice of the developmental screening and social and | ||
emotional screening requirements to the parents and guardians | ||
of students in compliance with the rules of the Department of | ||
Public Health. Nothing in this Section shall be construed to | ||
allow a school to exclude a child from attending because of a | ||
parent's or guardian's failure to obtain a developmental | ||
screening or a social and emotional screening for the child. | ||
Once a developmental screening or a social and emotional | ||
screening is completed and proof has been presented to the | ||
school, the school may, with a parent's or guardian's consent, | ||
make available appropriate school personnel to work with the | ||
parent or guardian, the child, and the provider who signed the | ||
screening form to obtain any appropriate evaluations and | ||
services as indicated on the form and in other information and | ||
documentation provided by the parents, guardians, or provider. | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
| ||
dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional |
information as
required, including for a health examination
| ||
data relating to asthma and obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date | ||
of exam), on uniform forms which the Department of Public | ||
Health and the State
Board of Education shall prescribe for | ||
statewide use. The examiner shall
summarize on the report form | ||
any condition that he or she suspects indicates a
need for | ||
special services, including for a health examination factors | ||
relating to asthma or obesity. The duty to summarize on the | ||
report form does not apply to social and emotional screenings. | ||
The confidentiality of the information and records relating to | ||
the developmental screening and the social and emotional | ||
screening shall be determined by the statutes, rules, and | ||
professional ethics governing the type of provider conducting | ||
the screening. The individuals confirming the administration | ||
of
required immunizations shall record as indicated on the form | ||
that the
immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
| ||
established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior |
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
registered nurse, physician assistant,
registered nurse, or | ||
local health department that will
be responsible for | ||
administration of the remaining required immunizations. If
a | ||
child does not comply by October 15, or by the earlier | ||
established date of
the current school year, with the | ||
requirements of this subsection, then the
local school | ||
authority shall exclude that child from school until such time | ||
as
the child presents proof of having had the health | ||
examination as required and
presents proof of having received | ||
those required immunizations which are
medically possible to | ||
receive immediately. During a child's exclusion from
school for | ||
noncompliance with this subsection, the child's parents or | ||
legal
guardian shall be considered in violation of Section 26-1 | ||
and subject to any
penalty imposed by Section 26-10. This | ||
subsection (5) does not apply to dental examinations, eye | ||
examinations, and the developmental screening and the social | ||
and emotional screening portions of the health examination. If | ||
the student is an out-of-state transfer student and does not |
have the proof required under this subsection (5) before | ||
October 15 of the current year or whatever date is set by the | ||
school district, then he or she may only attend classes (i) if | ||
he or she has proof that an appointment for the required | ||
vaccinations has been scheduled with a party authorized to | ||
submit proof of the required vaccinations. If the proof of | ||
vaccination required under this subsection (5) is not submitted | ||
within 30 days after the student is permitted to attend | ||
classes, then the student is not to be permitted to attend | ||
classes until proof of the vaccinations has been properly | ||
submitted. No school district or employee of a school district | ||
shall be held liable for any injury or illness to another | ||
person that results from admitting an out-of-state transfer | ||
student to class that has an appointment scheduled pursuant to | ||
this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
| ||
examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the |
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made | ||
publicly available must be identical to the data the school | ||
district or school has reported to the State Board of | ||
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board |
of Education. | ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 or 18-8.15 to the school district for such year | ||
may be withheld
by the State Board of Education until the | ||
number of students in compliance with
subsection (5) is the | ||
applicable specified percentage or higher. | ||
(8) Children of parents or legal guardians who object to | ||
health, dental, or eye examinations or any part thereof, to | ||
immunizations, or to vision and hearing screening tests on | ||
religious grounds shall not be required to undergo the | ||
examinations, tests, or immunizations to which they so object | ||
if such parents or legal guardians present to the appropriate | ||
local school authority a signed Certificate of Religious | ||
Exemption detailing the grounds for objection and the specific | ||
immunizations, tests, or examinations to which they object. The | ||
grounds for objection must set forth the specific religious | ||
belief that conflicts with the examination, test, | ||
immunization, or other medical intervention. The signed | ||
certificate shall also reflect the parent's or legal guardian's | ||
understanding of the school's exclusion policies in the case of | ||
a vaccine-preventable disease outbreak or exposure. The | ||
certificate must also be signed by the authorized examining | ||
health care provider responsible for the performance of the |
child's health examination confirming that the provider | ||
provided education to the parent or legal guardian on the | ||
benefits of immunization and the health risks to the student | ||
and to the community of the communicable diseases for which | ||
immunization is required in this State. However, the health | ||
care provider's signature on the certificate reflects only that | ||
education was provided and does not allow a health care | ||
provider grounds to determine a religious exemption. Those | ||
receiving immunizations required under this Code shall be | ||
provided with the relevant vaccine information statements that | ||
are required to be disseminated by the federal National | ||
Childhood Vaccine Injury Act of 1986, which may contain | ||
information on circumstances when a vaccine should not be | ||
administered, prior to administering a vaccine. A healthcare | ||
provider may consider including without limitation the | ||
nationally accepted recommendations from federal agencies such | ||
as the Advisory Committee on Immunization Practices, the | ||
information outlined in the relevant vaccine information | ||
statement, and vaccine package inserts, along with the | ||
healthcare provider's clinical judgment, to determine whether | ||
any child may be more susceptible to experiencing an adverse | ||
vaccine reaction than the general population, and, if so, the | ||
healthcare provider may exempt the child from an immunization | ||
or adopt an individualized immunization schedule. The | ||
Certificate of Religious Exemption shall be created by the | ||
Department of Public Health and shall be made available and |
used by parents and legal guardians by the beginning of the | ||
2015-2016 school year. Parents or legal guardians must submit | ||
the Certificate of Religious Exemption to their local school | ||
authority prior to entering kindergarten, sixth grade, and | ||
ninth grade for each child for which they are requesting an | ||
exemption. The religious objection stated need not be directed | ||
by the tenets of an established religious organization. | ||
However, general philosophical or moral reluctance to allow | ||
physical examinations, eye examinations, immunizations, vision | ||
and hearing screenings, or dental examinations does not provide | ||
a sufficient basis for an exception to statutory requirements. | ||
The local school authority is responsible for determining if
| ||
the content of the Certificate of Religious Exemption
| ||
constitutes a valid religious objection.
The local school | ||
authority shall inform the parent or legal guardian of | ||
exclusion procedures, in accordance with the Department's | ||
rules under Part 690 of Title 77 of the Illinois Administrative | ||
Code, at the time the objection is presented. | ||
If the physical condition
of the child is such that any one | ||
or more of the immunizing agents should not
be administered, | ||
the examining physician, advanced practice registered nurse, | ||
or
physician assistant responsible for the performance of the
| ||
health examination shall endorse that fact upon the health | ||
examination form. | ||
Exempting a child from the health,
dental, or eye | ||
examination does not exempt the child from
participation in the |
program of physical education training provided in
Sections | ||
27-5 through 27-7 of this Code. | ||
(8.5) The school board of a school district shall include | ||
informational materials regarding influenza and influenza | ||
vaccinations and meningococcal disease and meningococcal | ||
vaccinations developed, provided, or approved by the | ||
Department of Public Health under Section 2310-700 of the | ||
Department of Public Health Powers and Duties Law of the Civil | ||
Administrative Code of Illinois when the board provides | ||
information on immunizations, infectious diseases, | ||
medications, or other school health issues to the parents or | ||
guardians of students. | ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of | ||
higher learning. | ||
(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; | ||
100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. | ||
8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, | ||
eff. 7-12-19.)
| ||
(105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
| ||
(Text of Section before amendment by P.A. 101-227 ) | ||
Sec. 27-21. History of United States. History of the United | ||
States shall be taught in all public schools and
in all other | ||
educational institutions in this State supported or
|
maintained, in whole or in part, by public funds. The teaching | ||
of history
shall have as one of its objectives the imparting to | ||
pupils of a
comprehensive idea of our democratic form of | ||
government and the principles
for which our government stands | ||
as regards other nations, including the
studying of the place | ||
of our government in world-wide movements and the
leaders | ||
thereof, with particular stress upon the basic principles and
| ||
ideals of our representative form of government. The teaching | ||
of history
shall include a study of the role and contributions | ||
of African Americans and
other ethnic groups , including , but | ||
not restricted to , Polish, Lithuanian, German,
Hungarian, | ||
Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
| ||
French, Scots, Hispanics, Asian Americans, etc., in the history | ||
of this
country and this
State. To reinforce the study of the | ||
role and contributions of Hispanics, such curriculum shall | ||
include the study of the events related to the forceful removal | ||
and illegal deportation of Mexican-American U.S. citizens | ||
during the Great Depression. The teaching of history also shall | ||
include a study of the
role of labor unions and their | ||
interaction with government in achieving the
goals of a mixed | ||
free enterprise system. Beginning with the 2020-2021 school | ||
year, the teaching of history must also include instruction on | ||
the history of Illinois. No pupils shall be graduated
from the | ||
eighth grade of any
public school unless he has received such | ||
instruction in the history of the
United States and gives | ||
evidence of having a comprehensive knowledge
thereof , which may |
be administered remotely .
| ||
(Source: P.A. 101-341, eff. 1-1-20; revised 9-19-19.)
| ||
(Text of Section after amendment by P.A. 101-227 ) | ||
Sec. 27-21. History of United States. History of the United | ||
States shall be taught in all public schools and
in all other | ||
educational institutions in this State supported or
| ||
maintained, in whole or in part, by public funds. The teaching | ||
of history
shall have as one of its objectives the imparting to | ||
pupils of a
comprehensive idea of our democratic form of | ||
government and the principles
for which our government stands | ||
as regards other nations, including the
studying of the place | ||
of our government in world-wide movements and the
leaders | ||
thereof, with particular stress upon the basic principles and
| ||
ideals of our representative form of government. The teaching | ||
of history
shall include a study of the role and contributions | ||
of African Americans and
other ethnic groups , including , but | ||
not restricted to , Polish, Lithuanian, German,
Hungarian, | ||
Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
| ||
French, Scots, Hispanics, Asian Americans, etc., in the history | ||
of this
country and this
State. To reinforce the study of the | ||
role and contributions of Hispanics, such curriculum shall | ||
include the study of the events related to the forceful removal | ||
and illegal deportation of Mexican-American U.S. citizens | ||
during the Great Depression. In public schools only, the | ||
teaching of history shall include a study of the roles and |
contributions of lesbian, gay, bisexual, and transgender | ||
people in the history of this country and this State. The | ||
teaching of history also shall include a study of the
role of | ||
labor unions and their interaction with government in achieving | ||
the
goals of a mixed free enterprise system. Beginning with the | ||
2020-2021 school year, the teaching of history must also | ||
include instruction on the history of Illinois. No pupils shall | ||
be graduated
from the eighth grade of any
public school unless | ||
he or she has received such instruction in the history of the
| ||
United States and gives evidence of having a comprehensive | ||
knowledge
thereof , which may be administered remotely .
| ||
(Source: P.A. 101-227, eff. 7-1-20; 101-341, eff. 1-1-20; | ||
revised 9-19-19.)
| ||
(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)
| ||
Sec. 27-22. Required high school courses.
| ||
(a) (Blank).
| ||
(b) (Blank). | ||
(c) (Blank). | ||
(d) (Blank). | ||
(e) As a prerequisite to receiving a high school diploma, | ||
each pupil
entering the 9th grade must, in addition to other | ||
course requirements, successfully
complete all of the | ||
following courses: | ||
(1) Four years of language arts. | ||
(2) Two years of writing intensive courses, one of |
which must be English and the other of which may be English | ||
or any other subject. When applicable, writing-intensive | ||
courses may be counted towards the fulfillment of other | ||
graduation requirements.
| ||
(3) Three years of mathematics, one of which must be | ||
Algebra I, one of which must include geometry content, and | ||
one of which may be an Advanced Placement computer science | ||
course. A mathematics course that includes geometry | ||
content may be offered as an integrated, applied, | ||
interdisciplinary, or career and technical education | ||
course that prepares a student for a career readiness path. | ||
(4) Two years of science. | ||
(5) Two years of social studies, of which at least one | ||
year must be history of the United States or a combination | ||
of history of the United States and American government | ||
and, beginning with pupils entering the 9th grade in the | ||
2016-2017 school year and each school year thereafter, at | ||
least one semester must be civics, which shall help young | ||
people acquire and learn to use the skills, knowledge, and | ||
attitudes that will prepare them to be competent and | ||
responsible citizens throughout their lives. Civics course | ||
content shall focus on government institutions, the | ||
discussion of current and controversial issues, service | ||
learning, and simulations of the democratic process. | ||
School districts may utilize private funding available for | ||
the purposes of offering civics education. |
(6) One year chosen from (A) music, (B) art, (C) | ||
foreign language, which shall be deemed to include American | ||
Sign Language, or (D) vocational education. | ||
(f) The State Board of Education shall develop and inform | ||
school districts of standards for writing-intensive | ||
coursework.
| ||
(f-5) If a school district offers an Advanced Placement | ||
computer science course to high school students, then the | ||
school board must designate that course as equivalent to a high | ||
school mathematics course and must denote on the student's | ||
transcript that the Advanced Placement computer science course | ||
qualifies as a mathematics-based, quantitative course for | ||
students in accordance with subdivision (3) of subsection (e) | ||
of this Section. | ||
(g) This amendatory Act of 1983 does not apply to pupils | ||
entering the 9th grade
in 1983-1984 school year and prior | ||
school years or to students
with disabilities whose course of | ||
study is determined by an individualized
education program.
| ||
This amendatory Act of the 94th General Assembly does not | ||
apply
to pupils entering the 9th grade in the 2004-2005 school | ||
year or a prior
school year or to students with disabilities | ||
whose course of study is
determined by an individualized | ||
education program.
| ||
(h) The provisions of this Section are subject to the | ||
provisions of
Section
27-22.05 of this Code and the | ||
Postsecondary and Workforce Readiness Act.
|
(i) The State Board of Education may adopt rules to modify | ||
the requirements of this Section for any students enrolled in | ||
grades 9 through 12 if the Governor has declared a disaster due | ||
to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act. | ||
(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20 .)
| ||
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
| ||
Sec. 34-2.1. Local School Councils - Composition - | ||
Voter-Eligibility
- Elections - Terms. | ||
(a) A local school council shall be established for each | ||
attendance
center within the school district. Each local school | ||
council shall
consist of the following 12 voting members: the | ||
principal of the
attendance center, 2 teachers employed and | ||
assigned to perform the
majority of their employment duties at | ||
the attendance center, 6 parents of
students currently enrolled | ||
at the attendance center, one employee of the school district | ||
employed and assigned to perform the majority of his or her | ||
employment duties at the attendance center who is not a | ||
teacher, and 2 community
residents. Neither the parents nor the | ||
community residents who serve as
members of the local school | ||
council shall be employees of the Board of
Education. In each | ||
secondary attendance center, the local school council
shall | ||
consist of 13 voting members -- the 12 voting members described | ||
above
and one full-time student member, appointed as provided | ||
in subsection
(m) below.
In the event that the chief executive |
officer of the Chicago School Reform
Board of Trustees | ||
determines that a local school council is not carrying out
its | ||
financial duties effectively, the chief executive officer is | ||
authorized to
appoint a representative of the business | ||
community with experience in finance
and management
to serve as | ||
an advisor to the local school council for
the purpose of | ||
providing advice and assistance to the local school council on
| ||
fiscal matters.
The advisor shall have access to relevant | ||
financial records of the
local school council. The advisor may | ||
attend executive sessions.
The chief executive officer shall
| ||
issue a written policy defining the circumstances under which a | ||
local school
council is not carrying out its financial duties | ||
effectively.
| ||
(b) Within 7 days of January 11, 1991, the Mayor shall | ||
appoint the
members and officers (a Chairperson who shall be a | ||
parent member and a
Secretary) of each local school council who | ||
shall hold their offices until
their successors shall be | ||
elected and qualified. Members so appointed shall
have all the | ||
powers and duties of local school councils as set forth in
this | ||
amendatory Act of 1991. The Mayor's appointments shall not | ||
require
approval by the City Council.
| ||
The membership of each local school council shall be | ||
encouraged to be
reflective of the racial and ethnic | ||
composition of the student population
of the attendance center | ||
served by the local school council.
| ||
(c) Beginning with the 1995-1996 school year and in every |
even-numbered
year thereafter, the Board shall set second | ||
semester Parent Report Card
Pick-up Day for Local School | ||
Council elections and may schedule elections at
year-round | ||
schools for the same dates as the remainder of the school | ||
system.
Elections shall be
conducted as provided herein by the | ||
Board of Education in consultation with
the local school | ||
council at each attendance center. | ||
(c-5) Notwithstanding subsection (c), for the local school | ||
council election set for the 2019-2020 school year, the Board | ||
may hold the election on the first semester Parent Report Card | ||
Pick-up Day of the 2020-2021 school year, making any necessary | ||
modifications to the election process or date to comply with | ||
guidance from the Department of Public Health and the federal | ||
Centers for Disease Control and Prevention. The terms of office | ||
of all local school council members eligible to serve and | ||
seated on or after March 23, 2020 through January 10, 2021 are | ||
extended through January 10, 2021, provided that the members | ||
continue to meet eligibility requirements for local school | ||
council membership.
| ||
(d) Beginning with the 1995-96 school year, the following
| ||
procedures shall apply to the election of local school council | ||
members at each
attendance center:
| ||
(i) The elected members of each local school council | ||
shall consist of
the 6 parent members and the 2 community | ||
resident members.
| ||
(ii) Each elected member shall be elected by the |
eligible voters of
that attendance center to serve for a | ||
two-year term
commencing on July 1
immediately following | ||
the election described in subsection
(c) , except that the | ||
terms of members elected to a local school council under | ||
subsection (c-5) shall commence on January 11, 2021 and end | ||
on July 1, 2022 . Eligible
voters for each attendance center | ||
shall consist of the parents and community
residents for | ||
that attendance center.
| ||
(iii) Each eligible voter shall be entitled
to cast one | ||
vote for up to
a total of 5 candidates, irrespective of | ||
whether such candidates are parent
or community resident | ||
candidates.
| ||
(iv) Each parent voter shall be entitled to vote in the | ||
local
school
council election at each attendance center in | ||
which he or she has a child
currently enrolled. Each | ||
community resident voter shall be entitled to
vote in the | ||
local school council election at each attendance center for
| ||
which he or she resides in the applicable attendance area | ||
or voting
district, as the case may be.
| ||
(v) Each eligible voter shall be entitled to vote once, | ||
but
not more
than once, in the local school council | ||
election at each attendance center
at which the voter is | ||
eligible to vote.
| ||
(vi) The 2 teacher members and the non-teacher employee | ||
member of each local school council
shall be
appointed as | ||
provided in subsection (l) below each to serve for a
|
two-year
term coinciding with that of the elected parent | ||
and community resident
members. From March 23, 2020 through | ||
January 10, 2021, the chief executive officer or his or her | ||
designee may make accommodations to fill the vacancy of a | ||
teacher or non-teacher employee member of a local school | ||
council.
| ||
(vii) At secondary attendance centers, the voting | ||
student
member shall
be appointed as provided in subsection | ||
(m) below to serve
for a one-year term coinciding with the | ||
beginning of the terms of the elected
parent and community | ||
members of the local school council. For the 2020-2021 | ||
school year, the chief executive officer or his or her | ||
designee may make accommodations to fill the vacancy of a | ||
student member of a local school council.
| ||
(e) The Council shall publicize the date and place of the | ||
election by
posting notices at the attendance center, in public | ||
places within the
attendance boundaries of the attendance | ||
center and by distributing notices
to the pupils at the | ||
attendance center, and shall utilize such other means
as it | ||
deems necessary to maximize the involvement of all eligible | ||
voters.
| ||
(f) Nomination. The Council shall publicize the opening of | ||
nominations
by posting notices at the attendance center, in | ||
public places within the
attendance boundaries of the | ||
attendance center and by distributing notices
to the pupils at | ||
the attendance center, and shall utilize such other means
as it |
deems necessary to maximize the involvement of all eligible | ||
voters.
Not less than 2 weeks before the election date, persons | ||
eligible to run for
the Council shall submit their name,
date | ||
of birth, social
security number, if
available,
and some | ||
evidence of eligibility
to the Council. The Council shall | ||
encourage nomination of candidates
reflecting the | ||
racial/ethnic population of the students at the attendance
| ||
center. Each person nominated who runs as a candidate shall | ||
disclose, in a
manner determined by the Board, any economic | ||
interest held by such person,
by such person's spouse or | ||
children, or by each business entity in which
such person has | ||
an ownership interest, in any contract with the Board, any
| ||
local school council or any public school in the school
| ||
district.
Each person
nominated who runs as a candidate shall | ||
also disclose, in a manner determined
by the Board, if he or | ||
she ever has been convicted of any of the offenses
specified in | ||
subsection (c) of Section 34-18.5; provided that neither this
| ||
provision nor any other provision of this Section shall be | ||
deemed to require
the disclosure of any information that is | ||
contained in any law enforcement
record or juvenile court | ||
record that is confidential or whose accessibility or
| ||
disclosure is restricted or prohibited under Section 5-901 or
| ||
5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||
disclosure shall render a person ineligible
for election or to | ||
serve on the local school council. The same
disclosure shall be
| ||
required of persons under consideration for appointment to the |
Council
pursuant to subsections (l) and (m) of this Section.
| ||
(f-5) Notwithstanding disclosure, a person who has been | ||
convicted of any
of
the
following offenses at any time shall be | ||
ineligible for election or appointment
to a local
school | ||
council and ineligible for appointment to a local school | ||
council
pursuant to
subsections (l) and (m) of this Section: | ||
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | ||
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||
12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | ||
Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012, or (ii) any offense committed or attempted in any | ||
other
state or
against the laws of the United States, which, if | ||
committed or attempted in this
State,
would have been | ||
punishable as one or more of the foregoing offenses.
| ||
Notwithstanding
disclosure, a person who has been convicted of | ||
any of the following offenses
within the
10 years previous to | ||
the date of nomination or appointment shall be ineligible
for | ||
election or
appointment to a local school council:
(i) those | ||
defined in Section 401.1, 405.1, or 405.2 of the Illinois | ||
Controlled
Substances Act or (ii) any
offense committed
or | ||
attempted in any other state or against the laws of the United | ||
States,
which, if
committed or attempted in this State, would | ||
have been punishable as one or more
of the
foregoing offenses.
| ||
Immediately upon election or appointment, incoming local | ||
school
council members
shall be
required to undergo a criminal |
background investigation, to be completed prior
to the member | ||
taking office,
in order to identify
any criminal convictions | ||
under the offenses enumerated in Section 34-18.5.
The | ||
investigation shall be conducted by the Department of State | ||
Police in the
same manner as provided for in Section 34-18.5. | ||
However, notwithstanding
Section 34-18.5, the social security | ||
number shall be provided only if
available.
If it is determined | ||
at any time that a local school council member or
member-elect | ||
has been convicted
of any of the offenses enumerated in this | ||
Section or failed to disclose a
conviction of any of the | ||
offenses enumerated in Section 34-18.5, the general
| ||
superintendent shall notify the local school council member or | ||
member-elect of
such
determination and the local school council | ||
member or member-elect shall be
removed from the
local school | ||
council by the Board, subject to a hearing,
convened pursuant | ||
to Board rule, prior to removal.
| ||
(g) At least one week before the election date, the Council | ||
shall
publicize, in the manner provided in subsection (e), the | ||
names of persons
nominated for election.
| ||
(h) Voting shall be in person by secret ballot at the | ||
attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||
(i) Candidates receiving the highest number of votes shall | ||
be declared
elected by the Council. In cases of a tie, the | ||
Council shall determine the
winner by lot.
| ||
(j) The Council shall certify the results of the election | ||
and shall
publish the results in the minutes of the Council.
|
(k) The general superintendent shall resolve any
disputes
| ||
concerning election procedure or results and shall ensure that, | ||
except as
provided in subsections (e) and (g), no resources of | ||
any attendance center
shall be used to endorse or promote any | ||
candidate.
| ||
(l) Beginning with the 1995-1996 school year
and in every
| ||
even numbered
year thereafter, the Board shall appoint 2 | ||
teacher
members to each
local school council. These | ||
appointments shall be made in the following
manner:
| ||
(i) The Board shall appoint 2 teachers who are
employed | ||
and assigned to
perform the majority of
their employment | ||
duties at the attendance center
to serve on the local | ||
school council of the attendance center for a two-year
term | ||
coinciding with the terms of the elected parent and
| ||
community members of that local school council. These
| ||
appointments shall be made from among those teachers who | ||
are nominated in
accordance with subsection (f).
| ||
(ii) A non-binding, advisory poll to ascertain the
| ||
preferences of the
school staff regarding appointments of | ||
teachers to the local school council
for that attendance | ||
center shall be conducted in accordance with the
procedures | ||
used to elect parent and community Council | ||
representatives. At
such poll, each member of the school | ||
staff shall be entitled to indicate
his or her preference | ||
for up to 2 candidates from among those who submitted
| ||
statements of candidacy as described above. These |
preferences shall be
advisory only and the Board shall | ||
maintain absolute discretion to appoint
teacher members to | ||
local school councils, irrespective of the preferences
| ||
expressed in any such poll.
| ||
(iii) In the event that a teacher representative is | ||
unable to perform
his or her employment duties at the | ||
school due to illness, disability, leave of
absence, | ||
disciplinary action, or any other reason, the Board shall | ||
declare
a temporary vacancy and appoint a replacement | ||
teacher representative to serve
on the local school council | ||
until such time as the teacher member originally
appointed | ||
pursuant to this subsection (l) resumes service at the | ||
attendance
center or for the remainder of the term. The | ||
replacement teacher
representative shall be appointed in | ||
the same manner and by the same procedures
as teacher | ||
representatives are appointed in subdivisions (i) and (ii) | ||
of this
subsection (l).
| ||
(m) Beginning with the 1995-1996 school year, and in every
| ||
year thereafter, the Board shall appoint one student member to | ||
each
secondary attendance center. These appointments shall be | ||
made in the
following manner:
| ||
(i) Appointments shall be made from among those | ||
students who submit
statements of candidacy to the | ||
principal of the attendance center, such
statements to be | ||
submitted commencing on the first day of the twentieth
week | ||
of school and
continuing for 2 weeks thereafter. The form |
and manner of such candidacy
statements shall be determined | ||
by the Board.
| ||
(ii) During the twenty-second week of school in every | ||
year,
the principal of
each attendance center shall conduct | ||
a non-binding, advisory poll to
ascertain the preferences | ||
of the school students regarding the appointment
of a | ||
student to the local school council for that attendance | ||
center. At
such poll, each student shall be entitled to | ||
indicate his or her preference
for up to one candidate from | ||
among those who submitted statements of
candidacy as | ||
described above. The Board shall promulgate rules to ensure
| ||
that these non-binding, advisory polls are conducted in a | ||
fair and
equitable manner and maximize the involvement of | ||
all school students. The
preferences expressed in these | ||
non-binding, advisory polls shall be
transmitted by the | ||
principal to the Board. However, these preferences
shall be | ||
advisory only and the Board shall maintain absolute | ||
discretion to
appoint student members to local school | ||
councils, irrespective of the
preferences expressed in any | ||
such poll.
| ||
(iii) For the 1995-96 school year only, appointments | ||
shall be made from
among those students who submitted | ||
statements of candidacy to the principal
of the attendance | ||
center during the first 2 weeks of the school year.
The
| ||
principal shall communicate the results of any nonbinding, | ||
advisory poll to the
Board. These results shall be advisory |
only, and the Board shall maintain
absolute discretion to | ||
appoint student members to local school councils,
| ||
irrespective of the preferences expressed in any such poll.
| ||
(n) The Board may promulgate such other rules and | ||
regulations for
election procedures as may be deemed necessary | ||
to ensure fair elections.
| ||
(o) In the event that a vacancy occurs during a member's | ||
term, the
Council shall appoint a person eligible to serve on | ||
the Council, to fill
the unexpired term created by the vacancy, | ||
except that any teacher vacancy
shall be filled by the Board | ||
after considering the preferences of the school
staff as | ||
ascertained through a non-binding advisory poll of school | ||
staff.
| ||
(p) If less than the specified number of persons is elected | ||
within each
candidate category, the newly elected local school | ||
council shall appoint
eligible persons to serve as members of | ||
the Council for two-year terms.
| ||
(q) The Board shall promulgate rules regarding conflicts of | ||
interest
and disclosure of economic interests which shall apply | ||
to local school
council members and which shall require reports | ||
or statements to be filed
by Council members at regular | ||
intervals with the Secretary of the
Board. Failure to comply | ||
with such rules
or intentionally falsifying such reports shall | ||
be grounds for
disqualification from local school council | ||
membership. A vacancy on the
Council for disqualification may | ||
be so declared by the Secretary of the
Board. Rules regarding |
conflicts of interest and disclosure of
economic interests | ||
promulgated by the Board shall apply to local school council
| ||
members. No less than 45 days prior to the deadline, the | ||
general
superintendent shall provide notice, by mail, to each | ||
local school council
member of all requirements and forms for | ||
compliance with economic interest
statements.
| ||
(r) (1) If a parent member of a local school council ceases | ||
to have any
child
enrolled in the attendance center governed by | ||
the Local School Council due to
the graduation or voluntary | ||
transfer of a child or children from the attendance
center, the | ||
parent's membership on the Local School Council and all voting
| ||
rights are terminated immediately as of the date of the child's | ||
graduation or
voluntary transfer. If the child of a parent | ||
member of a local school council dies during the member's term | ||
in office, the member may continue to serve on the local school | ||
council for the balance of his or her term. Further,
a local | ||
school council member may be removed from the Council by a
| ||
majority vote of the Council as provided in subsection (c) of | ||
Section
34-2.2 if the Council member has missed 3 consecutive | ||
regular meetings, not
including committee meetings, or 5 | ||
regular meetings in a 12 month period,
not including committee | ||
meetings.
If a parent member of a local school council ceases | ||
to be eligible to serve
on the Council for any other reason, he | ||
or she shall be removed by the Board
subject
to a hearing, | ||
convened pursuant to Board rule, prior to removal.
A vote to | ||
remove a Council member by the local school council shall
only |
be valid if the Council member has been notified personally or | ||
by
certified mail, mailed to the person's last known address, | ||
of the Council's
intent to vote on the Council member's removal | ||
at least 7 days prior to the
vote. The Council member in | ||
question shall have the right to explain
his or her actions and | ||
shall be eligible to vote on the
question of his or her removal | ||
from the Council. The provisions of this
subsection shall be | ||
contained within the petitions used to nominate Council
| ||
candidates.
| ||
(2) A person may continue to serve as a community resident | ||
member of a
local
school council as long as he or she resides | ||
in the attendance area served by
the
school and is not employed | ||
by the Board nor is a parent of a student enrolled
at the | ||
school. If a community resident member ceases to be eligible to | ||
serve
on the Council, he or she shall be removed by the Board | ||
subject to a hearing,
convened pursuant to Board rule, prior to | ||
removal.
| ||
(3) A person may continue to serve as a teacher member of a | ||
local school
council as long as he or she is employed and | ||
assigned to perform a majority of
his or her duties at the | ||
school, provided that if the teacher representative
resigns | ||
from employment with the Board or
voluntarily transfers to | ||
another school, the teacher's membership on the local
school | ||
council and all voting rights are terminated immediately as of | ||
the date
of the teacher's resignation or upon the date of the | ||
teacher's voluntary
transfer to another school. If a teacher |
member of a local school council
ceases to be eligible to serve | ||
on a local school council for any other reason,
that member | ||
shall be removed by the Board subject to a hearing, convened
| ||
pursuant to Board rule, prior to removal. | ||
(s) As used in this Section only, "community resident" | ||
means a person, 17 years of age or older, residing within an | ||
attendance area served by a school, excluding any person who is | ||
a parent of a student enrolled in that school; provided that | ||
with respect to any multi-area school, community resident means | ||
any person, 17 years of age or older, residing within the | ||
voting district established for that school pursuant to Section | ||
34-2.1c, excluding any person who is a parent of a student | ||
enrolled in that school. This definition does not apply to any | ||
provisions concerning school boards.
| ||
(Source: P.A. 99-597, eff. 1-1-17 .)
| ||
(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
| ||
Sec. 34-2.2. Local school councils - Manner of operation.
| ||
(a) The annual organizational meeting of each local school | ||
council
shall be held at the attendance center or via | ||
videoconference or teleconference if guidance from the | ||
Department of Public Health or Centers for Disease Control and | ||
Prevention limits the size of in-person meetings at the time of | ||
the meeting . At the annual organization meeting,
which shall be | ||
held no sooner than July 1 and no later than July 14, a parent
| ||
member of the local school council shall be selected by the |
members of such
council as its chairperson, and a secretary | ||
shall be selected by the members of
such council from among | ||
their number, each to serve a term of one year.
However, an | ||
organizational meeting held by members elected to a local | ||
school council under subsection (c-5) of Section 34-2.1 may be | ||
held no sooner than January 11, 2021 and no later than January | ||
31, 2021. Whenever a vacancy in the office of chairperson or | ||
secretary of a local school
council shall occur, a new | ||
chairperson (who shall be a parent member) or
secretary, as the | ||
case may be, shall be elected by the members of the local
| ||
school council from among their number to serve as such
| ||
chairperson or secretary for the unexpired term of office in | ||
which the
vacancy occurs. At each annual organizational | ||
meeting, the time and
place of any regular meetings of the | ||
local school council shall be fixed.
Special meetings of the | ||
local school council may be called by the
chairperson or by any | ||
4 members by giving notice thereof in writing,
specifying the | ||
time, place and purpose of the meeting. Public notice of
| ||
meetings shall also be given in accordance with the Open | ||
Meetings Act.
| ||
(b) Members and officers of the local school council shall | ||
serve
without compensation and without reimbursement of any | ||
expenses incurred in
the performance of their duties, except | ||
that the board of education may by
rule establish a procedure | ||
and thereunder provide for reimbursement of
members and | ||
officers of local school councils for such of their reasonable
|
and necessary expenses (excluding any lodging or meal expenses) | ||
incurred in
the performance of their duties as the board may | ||
deem appropriate.
| ||
(c) A majority of the full membership of the local school | ||
council
shall constitute a quorum, and whenever a vote is taken | ||
on any measure
before the local school council, a quorum being | ||
present, the affirmative
vote of a majority of the votes of the | ||
full membership then serving of the
local school council shall | ||
determine the outcome thereof; provided that
whenever the | ||
measure before the local school council is (i) the evaluation
| ||
of the principal, or (ii) the renewal of his or her performance | ||
contract or
the inclusion of any provision or modification of | ||
the contract, or (iii)
the direct selection by the local school | ||
council of a new principal
(including
a new principal to fill a | ||
vacancy) to serve under a 4 year performance
contract, or (iv) | ||
the determination of the names of candidates to be submitted
to | ||
the general superintendent for the position of
principal, the
| ||
principal and
student member of a high school council shall not | ||
be counted for purposes of
determining whether a quorum is | ||
present to act on the measure and shall have no
vote thereon; | ||
and provided further that 7 affirmative votes of the local | ||
school
council shall be required for the direct selection by | ||
the local school
council
of a new principal
to serve under a 4 | ||
year performance contract but not for the renewal of a
| ||
principal's performance contract.
| ||
(d) Student members of high school councils shall not be |
eligible
to vote on personnel matters, including but not | ||
limited to principal
evaluations and contracts and the | ||
allocation of teaching and staff resources.
| ||
(e) The local school council of an attendance center which | ||
provides
bilingual education shall be encouraged to provide | ||
translators at each
council meeting to maximize participation | ||
of parents and the community.
| ||
(f) Each local school council of an attendance center which | ||
provides
bilingual education shall create a Bilingual Advisory | ||
Committee or
recognize an existing Bilingual Advisory | ||
Committee as a standing committee.
The Chair and a majority of | ||
the members of the advisory committee shall be
parents of | ||
students in the bilingual education program. The parents on the
| ||
advisory committee shall be selected by parents of students in | ||
the
bilingual education program, and the committee shall select | ||
a Chair. The
advisory committee for each secondary attendance | ||
center shall include at
least one full-time bilingual education | ||
student. The Bilingual Advisory
Committee shall serve only in | ||
an advisory capacity to the local school council.
| ||
(g) Local school councils may utilize the services of an | ||
arbitration
board to resolve intra-council disputes.
| ||
(Source: P.A. 91-622, eff. 8-19-99.)
| ||
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||
Sec. 34-18.5. Criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer and |
Violent Offender Against Youth Database. | ||
(a) Licensed and nonlicensed applicants for
employment | ||
with the school district are required as a condition of
| ||
employment to authorize a fingerprint-based criminal history | ||
records check to determine if such applicants
have been | ||
convicted of any disqualifying, enumerated criminal or drug | ||
offense offenses in
subsection (c) of this Section or have been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State. | ||
Authorization
for
the
check shall
be furnished by the applicant | ||
to the school district, except that if the
applicant is a | ||
substitute teacher seeking employment in more than one
school | ||
district, or a teacher seeking concurrent part-time employment
| ||
positions with more than one school district (as a reading | ||
specialist,
special education teacher or otherwise), or an | ||
educational support
personnel employee seeking employment | ||
positions with more than one
district, any such district may | ||
require the applicant to furnish
authorization for
the check to | ||
the regional superintendent of the
educational service region | ||
in which are located the school districts in
which the | ||
applicant is seeking employment as a substitute or concurrent
| ||
part-time teacher or concurrent educational support personnel |
employee.
Upon receipt of this authorization, the school | ||
district or the appropriate
regional superintendent, as the | ||
case may be, shall submit the applicant's
name, sex, race, date | ||
of birth, social security number, fingerprint images, and other | ||
identifiers, as prescribed by the Department
of State Police, | ||
to the Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that
the
check of the applicant has been requested. The | ||
Department of State
Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of | ||
the school board for the school district that requested the | ||
check, or to the regional superintendent who requested the | ||
check. The
Department shall charge
the school district
or the | ||
appropriate regional superintendent a fee for
conducting
such | ||
check, which fee shall be deposited in the State
Police | ||
Services Fund and shall not exceed the cost of the inquiry; and | ||
the
applicant shall not be charged a fee for
such check by the | ||
school
district or by the regional superintendent. Subject to | ||
appropriations for these purposes, the State Superintendent of | ||
Education shall reimburse the school district and regional | ||
superintendent for fees paid to obtain criminal history records |
checks under this Section. | ||
(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender Database, | ||
as authorized by the Sex Offender Community Notification Law, | ||
for each applicant. The check of the Statewide Sex Offender | ||
Database must be conducted by the school district or regional | ||
superintendent once for every 5 years that an applicant remains | ||
employed by the school district. | ||
(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Community Notification Law, | ||
for each applicant. The check of the Murderer and Violent | ||
Offender Against Youth Database must be conducted by the school | ||
district or regional superintendent once for every 5 years that | ||
an applicant remains employed by the school district. | ||
(b) Any
information concerning the record of convictions | ||
obtained by the president
of the board of education or the | ||
regional superintendent shall be
confidential and may only be | ||
transmitted to the general superintendent of
the school | ||
district or his designee, the appropriate regional
| ||
superintendent if
the check was requested by the board of | ||
education
for the school district, the presidents of the | ||
appropriate board of
education or school boards if
the check | ||
was requested from the
Department of State Police by the | ||
regional superintendent, the State Board of Education and the |
school district as authorized under subsection (b-5), the State
| ||
Superintendent of Education, the State Educator Preparation | ||
and Licensure Board or any
other person necessary to the | ||
decision of hiring the applicant for
employment. A copy of the | ||
record of convictions obtained from the
Department of State | ||
Police shall be provided to the applicant for
employment. Upon | ||
the check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database, the | ||
school district or regional superintendent shall notify an | ||
applicant as to whether or not the applicant has been | ||
identified in the Database. If a check of an applicant for | ||
employment as a
substitute or concurrent part-time teacher or | ||
concurrent educational
support personnel employee in more than | ||
one school district was requested
by the regional | ||
superintendent, and the Department of State Police upon
a check | ||
ascertains that the applicant has not been convicted of any
of | ||
the enumerated criminal or drug offenses in subsection (c) of | ||
this Section
or has not been
convicted,
within 7 years of the | ||
application for employment with the
school district, of any | ||
other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State and so
notifies the regional superintendent and if | ||
the regional superintendent upon a check ascertains that the | ||
applicant has not been identified in the Sex Offender Database |
or Statewide Murderer and Violent Offender Against Youth | ||
Database, then the regional superintendent
shall issue to the | ||
applicant a certificate evidencing that as of the date
| ||
specified by the Department of State Police the applicant has | ||
not been
convicted of any of the enumerated criminal or drug | ||
offenses in subsection
(c) of this Section
or has not been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and | ||
evidencing that as of the date that the regional superintendent | ||
conducted a check of the Statewide Sex Offender Database or | ||
Statewide Murderer and Violent Offender Against Youth | ||
Database, the applicant has not been identified in the | ||
Database. The school
board of any school district may rely on | ||
the certificate issued by any regional
superintendent to that | ||
substitute teacher, concurrent part-time teacher, or | ||
concurrent educational support personnel employee
or may | ||
initiate its own criminal history records check of
the | ||
applicant through the Department of State Police and its own | ||
check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database as | ||
provided in
this Section. Any unauthorized release of | ||
confidential information may be a violation of Section 7 of the |
Criminal Identification Act. | ||
(b-5) If a criminal history records check or check of the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database is performed by a | ||
regional superintendent for an applicant seeking employment as | ||
a substitute teacher with the school district, the regional | ||
superintendent may disclose to the State Board of Education | ||
whether the applicant has been issued a certificate under | ||
subsection (b) based on those checks. If the State Board | ||
receives information on an applicant under this subsection, | ||
then it must indicate in the Educator Licensure Information | ||
System for a 90-day period that the applicant has been issued | ||
or has not been issued a certificate. | ||
(c) The board of education shall not knowingly employ a | ||
person who has
been convicted of any offense that would subject | ||
him or her to license suspension or revocation pursuant to | ||
Section 21B-80 of this Code, except as provided under | ||
subsection (b) of 21B-80.
Further, the board of education shall | ||
not knowingly employ a person who has
been found to be the | ||
perpetrator of sexual or physical abuse of any minor under
18 | ||
years of age pursuant to proceedings under Article II of the | ||
Juvenile Court
Act of 1987. As a condition of employment, the | ||
board of education must consider the status of a person who has | ||
been issued an indicated finding of abuse or neglect of a child | ||
by the Department of Children and Family Services under the | ||
Abused and Neglected Child Reporting Act or by a child welfare |
agency of another jurisdiction. | ||
(d) The board of education shall not knowingly employ a | ||
person for whom
a criminal history records check and a | ||
Statewide Sex Offender Database check have has not been | ||
initiated. | ||
(e) Within 10 days after the general superintendent of | ||
schools, a regional office of education, or an entity that | ||
provides background checks of license holders to public schools | ||
receives information of a pending criminal charge against a | ||
license holder for an offense set forth in Section 21B-80 of | ||
this Code, the superintendent, regional office of education, or | ||
entity must notify the State Superintendent of Education of the | ||
pending criminal charge. | ||
No later than 15 business days after receipt of a record of | ||
conviction or of checking the Statewide Murderer and Violent | ||
Offender Against Youth Database or the Statewide Sex Offender | ||
Database and finding a registration, the general | ||
superintendent of schools or the applicable regional | ||
superintendent shall, in writing, notify the State | ||
Superintendent of Education of any license holder who has been | ||
convicted of a crime set forth in Section 21B-80 of this Code. | ||
Upon receipt of the record of a conviction of or a finding of | ||
child
abuse by a holder of any license
issued pursuant to | ||
Article 21B or Section 34-8.1 or 34-83 of this the
School Code, | ||
the State Superintendent of
Education may initiate licensure | ||
suspension and revocation
proceedings as authorized by law. If |
the receipt of the record of conviction or finding of child | ||
abuse is received within 6 months after the initial grant of or | ||
renewal of a license, the State Superintendent of Education may | ||
rescind the license holder's license. | ||
(e-5) The general superintendent of schools shall, in | ||
writing, notify the State Superintendent of Education of any | ||
license holder whom he or she has reasonable cause to believe | ||
has committed an intentional act of abuse or neglect with the | ||
result of making a child an abused child or a neglected child, | ||
as defined in Section 3 of the Abused and Neglected Child | ||
Reporting Act, and that act resulted in the license holder's | ||
dismissal or resignation from the school district. This | ||
notification must be submitted within 30 days after the | ||
dismissal or resignation. The license holder must also be | ||
contemporaneously sent a copy of the notice by the | ||
superintendent. All correspondence, documentation, and other | ||
information so received by the State Superintendent of | ||
Education, the State Board of Education, or the State Educator | ||
Preparation and Licensure Board under this subsection (e-5) is | ||
confidential and must not be disclosed to third parties, except | ||
(i) as necessary for the State Superintendent of Education or | ||
his or her designee to investigate and prosecute pursuant to | ||
Article 21B of this Code, (ii) pursuant to a court order, (iii) | ||
for disclosure to the license holder or his or her | ||
representative, or (iv) as otherwise provided in this Article | ||
and provided that any such information admitted into evidence |
in a hearing is exempt from this confidentiality and | ||
non-disclosure requirement. Except for an act of willful or | ||
wanton misconduct, any superintendent who provides | ||
notification as required in this subsection (e-5) shall have | ||
immunity from any liability, whether civil or criminal or that | ||
otherwise might result by reason of such action. | ||
(f) After March 19, 1990, the provisions of this Section | ||
shall apply to
all employees of persons or firms holding | ||
contracts with any school district
including, but not limited | ||
to, food service workers, school bus drivers and
other | ||
transportation employees, who have direct, daily contact with | ||
the
pupils of any school in such district. For purposes of | ||
criminal history records checks and checks of the Statewide Sex | ||
Offender Database on employees of persons or firms holding | ||
contracts with more
than one school district and assigned to | ||
more than one school district, the
regional superintendent of | ||
the educational service region in which the
contracting school | ||
districts are located may, at the request of any such
school | ||
district, be responsible for receiving the authorization for
a | ||
criminal history records check prepared by each such employee | ||
and submitting the same to the
Department of State Police and | ||
for conducting a check of the Statewide Sex Offender Database | ||
for each employee. Any information concerning the record of
| ||
conviction and identification as a sex offender of any such | ||
employee obtained by the regional superintendent
shall be | ||
promptly reported to the president of the appropriate school |
board
or school boards. | ||
(f-5) Upon request of a school or school district, any | ||
information obtained by the school district pursuant to | ||
subsection (f) of this Section within the last year must be | ||
made available to the requesting school or school district. | ||
(g) Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in the public schools, a | ||
student teacher is required to authorize a fingerprint-based | ||
criminal history records check. Authorization for and payment | ||
of the costs of the check must be furnished by the student | ||
teacher to the school district. Upon receipt of this | ||
authorization and payment, the school district shall submit the | ||
student teacher's name, sex, race, date of birth, social | ||
security number, fingerprint images, and other identifiers, as | ||
prescribed by the Department of State Police, to the Department | ||
of State Police. The Department of State Police and the Federal | ||
Bureau of Investigation shall furnish, pursuant to a | ||
fingerprint-based criminal history records check, records of | ||
convictions, forever and hereinafter, until expunged, to the | ||
president of the board. The Department shall charge the school | ||
district a fee for conducting the check, which fee must not | ||
exceed the cost of the inquiry and must be deposited into the | ||
State Police Services Fund. The school district shall further | ||
perform a check of the Statewide Sex Offender Database, as | ||
authorized by the Sex Offender Community Notification Law, and |
of the Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender | ||
Against Youth Registration Act, for each student teacher. The | ||
board may not knowingly allow a person to student teach for | ||
whom a criminal history records check, a Statewide Sex Offender | ||
Database check, and a Statewide Murderer and Violent Offender | ||
Against Youth Database check have not been completed and | ||
reviewed by the district. | ||
A copy of the record of convictions obtained from the | ||
Department of State Police must be provided to the student | ||
teacher. Any information concerning the record of convictions | ||
obtained by the president of the board is confidential and may | ||
only be transmitted to the general superintendent of schools or | ||
his or her designee, the State Superintendent of Education, the | ||
State Educator Preparation and Licensure Board, or, for | ||
clarification purposes, the Department of State Police or the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database. Any unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. | ||
The board may not knowingly allow a person to student teach | ||
who has been convicted of any offense that would subject him or | ||
her to license suspension or revocation pursuant to subsection | ||
(c) of Section 21B-80 of this Code, except as provided under | ||
subsection (b) of Section 21B-80. Further, the board may not | ||
allow a person to student teach if he or she has been found to |
be the perpetrator of sexual or physical abuse of a minor under | ||
18 years of age pursuant to proceedings under Article II of the | ||
Juvenile Court Act of 1987. The board must consider the status | ||
of a person to student teach who has been issued an indicated | ||
finding of abuse or neglect of a child by the Department of | ||
Children and Family Services under the Abused and Neglected | ||
Child Reporting Act or by a child welfare agency of another | ||
jurisdiction. | ||
(h) (Blank). | ||
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
revised 9-19-19.)
| ||
(105 ILCS 5/34-18.66 new) | ||
Sec. 34-18.66. Remote and blended remote learning. This | ||
Section applies if the Governor has declared a disaster due to | ||
a public health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act. | ||
(1) If the Governor has declared a disaster due to a | ||
public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act, the State | ||
Superintendent of Education may declare a requirement to | ||
use remote learning days or blended remote learning days | ||
for the school district, multiple school districts, a | ||
region, or the entire State. During remote learning days, | ||
schools shall conduct instruction remotely. During blended | ||
remote learning days, schools may utilize hybrid models of |
in-person and remote instruction. Once declared, remote | ||
learning days or blended remote learning days shall be | ||
implemented in grades pre-kindergarten through 12 as days | ||
of attendance and shall be deemed pupil attendance days for | ||
calculation of the length of a school term under Section | ||
10-19. | ||
(2) For purposes of this Section, a remote learning day | ||
or blended remote learning day may be met through the | ||
district's implementation of an e-learning program under | ||
Section 10-20.56. | ||
(3) If the district does not implement an e-learning | ||
program under Section 10-20.56, the district shall adopt a | ||
remote and blended remote learning day plan approved by the | ||
general superintendent of schools. The district may | ||
utilize remote and blended remote learning planning days, | ||
consecutively or in separate increments, to develop, | ||
review, or amend its remote and blended remote learning day | ||
plan or provide professional development to staff | ||
regarding remote education. Up to 5 remote and blended | ||
remote learning planning days may be deemed pupil | ||
attendance days for calculation of the length of a school | ||
term under Section 10-19. | ||
(4) Each remote and blended remote learning day plan | ||
shall address the following: | ||
(i) accessibility of the remote instruction to all | ||
students enrolled in the district; |
(ii) if applicable, a requirement that the remote | ||
learning day and blended remote learning day | ||
activities reflect State learning standards; | ||
(iii) a means for students to confer with an | ||
educator, as necessary; | ||
(iv) the unique needs of students in special | ||
populations, including, but not limited to, students | ||
eligible for special education under Article 14, | ||
students who are English learners as defined in Section | ||
14C-2, and students experiencing homelessness under | ||
the Education for Homeless Children Act, or vulnerable | ||
student populations; | ||
(v) how the district will take attendance and | ||
monitor and verify each student's remote | ||
participation; and | ||
(vi) transitions from remote learning to on-site | ||
learning upon the State Superintendent's declaration | ||
that remote learning days or blended remote learning | ||
days are no longer deemed necessary. | ||
(5) The general superintendent of schools shall | ||
periodically review and amend the district's remote and | ||
blended remote learning day plan, as needed, to ensure the | ||
plan meets the needs of all students. | ||
(6) Each remote and blended remote learning day plan | ||
shall be posted on the district's Internet website where | ||
other policies, rules, and standards of conduct are posted |
and shall be provided to students and faculty. | ||
(7) This Section does not create any additional | ||
employee bargaining rights and does not remove any employee | ||
bargaining rights. | ||
(8) Statutory and regulatory curricular mandates and | ||
offerings may be administered via the district's remote and | ||
blended remote learning day plan, except that the district | ||
may not offer individual behind-the-wheel instruction | ||
required by Section 27-24.2 via the district's remote and | ||
blended remote learning day plan.
This Section does not | ||
relieve schools and the district from completing all | ||
statutory and regulatory curricular mandates and | ||
offerings.
| ||
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| ||
Sec. 34-85. Removal for cause; notice and hearing; | ||
suspension. | ||
(a) No
teacher employed by the board of education shall | ||
(after serving the
probationary period specified in Section | ||
34-84) be removed
except for cause. Teachers (who have | ||
completed the probationary period specified in Section 34-84 of | ||
this Code) shall be removed for cause in accordance with the | ||
procedures set forth in this Section or, at the board's option, | ||
the procedures set forth in Section 24-16.5 of this Code or | ||
such other procedures established in an agreement entered into | ||
between the board and the exclusive representative of the |
district's teachers under Section 34-85c of this Code for | ||
teachers (who have completed the probationary period specified | ||
in Section 34-84 of this Code) assigned to schools identified | ||
in that agreement. No principal employed by the board of | ||
education shall be
removed during the term of his or her | ||
performance contract except for
cause, which may include but is | ||
not limited to the principal's repeated
failure to implement | ||
the school improvement plan or to comply with the
provisions of | ||
the Uniform Performance Contract, including additional
| ||
criteria established by the Council for inclusion in the | ||
performance
contract pursuant to Section 34-2.3.
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Before service of notice of charges on account of causes | ||
that may be deemed to be remediable, the teacher or principal | ||
must be given reasonable warning in writing, stating | ||
specifically the causes that, if not removed, may result in | ||
charges; however, no such written warning is required if the | ||
causes have been the subject of a remediation plan pursuant to | ||
Article 24A of this Code or if the board and the exclusive | ||
representative of the district's teachers have entered into an | ||
agreement pursuant to Section 34-85c of this Code, pursuant to | ||
an alternative system of remediation. No written warning shall | ||
be required for conduct on the part of a teacher or principal | ||
that is cruel, immoral, negligent, or criminal or that in any | ||
way causes psychological or physical harm or injury to a | ||
student, as that conduct is deemed to be irremediable. No | ||
written warning shall be required for a material breach of the |
uniform principal performance contract, as that conduct is | ||
deemed to be irremediable; provided that not less than 30 days | ||
before the vote of the local school council to seek the | ||
dismissal of a principal for a material breach of a uniform | ||
principal performance contract, the local school council shall | ||
specify the nature of the alleged breach in writing and provide | ||
a copy of it to the principal. | ||
(1) To initiate dismissal proceedings against a | ||
teacher or principal, the general superintendent must | ||
first approve written charges and specifications against | ||
the
teacher or
principal. A local school council may direct | ||
the
general superintendent to approve written charges | ||
against its principal on behalf of the Council
upon the | ||
vote of 7 members of the Council. The general | ||
superintendent must
approve those charges within 45 | ||
calendar days
or provide a written
reason for not approving | ||
those charges. A
written notice of those charges, including | ||
specifications,
shall be served upon the teacher or | ||
principal within 10 business days of the
approval of the | ||
charges. Any written notice sent on or after July 1, 2012 | ||
shall also inform the teacher or principal of the right to | ||
request a hearing before a mutually selected hearing | ||
officer, with the cost of the hearing officer split equally | ||
between the teacher or principal and the board, or a | ||
hearing before a qualified hearing officer chosen by the | ||
general superintendent, with the cost of the hearing |
officer paid by the board. If the teacher or principal | ||
cannot be found upon diligent
inquiry, such charges may be | ||
served upon him by mailing a copy thereof in a
sealed | ||
envelope by prepaid certified mail, return receipt | ||
requested, to the
teacher's or principal's last known | ||
address. A return receipt showing
delivery to such address | ||
within 20 calendar days after the date of the
approval of | ||
the charges shall constitute proof of service.
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(2) No hearing upon the charges is required unless the | ||
teacher or principal
within 17 calendar
days after | ||
receiving notice requests in writing of the general
| ||
superintendent that a hearing
be scheduled. Pending the | ||
hearing of the charges, the general superintendent or his | ||
or her designee may suspend the teacher or principal | ||
charged without pay in accordance with rules prescribed by | ||
the board, provided that if the teacher or principal | ||
charged is not dismissed based on the charges, he or she | ||
must be made whole for lost earnings, less setoffs for | ||
mitigation. | ||
(3) The board shall maintain a list of at least 9 | ||
qualified hearing officers who will conduct hearings on | ||
charges and specifications. The list must be developed in | ||
good faith consultation with the exclusive representative | ||
of the board's teachers and professional associations that | ||
represent the board's principals. The list may be revised | ||
on July 1st of each year or earlier as needed. To be a |
qualified hearing officer, the person must (i)
be | ||
accredited by a national arbitration organization and have | ||
had a minimum
of 5 years of experience as an arbitrator in | ||
cases involving labor and
employment
relations matters | ||
between employers and employees or
their exclusive | ||
bargaining representatives and (ii) beginning September 1, | ||
2012, have participated in training provided or approved by | ||
the State Board of Education for teacher dismissal hearing | ||
officers so that he or she is familiar with issues | ||
generally involved in evaluative and non-evaluative | ||
dismissals.
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Within 5 business days after receiving the notice of | ||
request for a hearing, the general superintendent and the | ||
teacher or principal or
their legal representatives
shall | ||
alternately strike one name
from the list until only one | ||
name remains. Unless waived by the teacher,
the teacher or | ||
principal shall
have the right to proceed first with the | ||
striking. If the teacher or principal fails to participate | ||
in the striking process, the general superintendent shall | ||
either select the hearing officer from the list developed | ||
pursuant to this paragraph (3) or select another qualified | ||
hearing officer from the master list maintained by the | ||
State Board of Education pursuant to subsection (c) of | ||
Section 24-12 of this Code.
| ||
(4) If the notice of dismissal was sent to the teacher | ||
or principal before July 1, 2012, the fees and costs for |
the hearing officer shall be paid by the State
Board of | ||
Education. If the notice of dismissal was sent to the | ||
teacher or principal on or after July 1, 2012, the hearing | ||
officer's fees and costs must be paid as follows in this | ||
paragraph (4). The fees and permissible costs for the | ||
hearing officer shall be determined by the State Board of | ||
Education. If the hearing officer is mutually selected by | ||
the parties through alternate striking in accordance with | ||
paragraph (3) of this subsection (a), then the board and | ||
the teacher or their legal representative shall each pay | ||
50% of the fees and costs and any supplemental allowance to | ||
which they agree. If the hearing officer is selected by the | ||
general superintendent without the participation of the | ||
teacher or principal, then the board shall pay 100% of the | ||
hearing officer fees and costs. The hearing officer shall | ||
submit for payment a billing statement to the parties that | ||
itemizes the charges and expenses and divides them in | ||
accordance with this Section. | ||
(5) The teacher or the principal charged is required to | ||
answer the charges and specifications and aver affirmative | ||
matters in his or her defense, and the time for doing so | ||
must be set by the hearing officer. The State Board of | ||
Education shall adopt rules so that each party has a fair | ||
opportunity to present its case and to ensure that the | ||
dismissal proceeding is concluded in an expeditious | ||
manner. The rules shall address, without limitation, the |
teacher or principal's answer and affirmative defenses to | ||
the charges and specifications; a requirement that each | ||
party make mandatory disclosures without request to the | ||
other party and then update the disclosure no later than 10 | ||
calendar days prior to the commencement of the hearing, | ||
including a list of the names and addresses of persons who | ||
may be called as witnesses at the hearing, a summary of the | ||
facts or opinions each witness will testify to, and all | ||
other documents and materials, including information | ||
maintained electronically, relevant to its own as well as | ||
the other party's case (the hearing officer may exclude | ||
witnesses and exhibits not identified and shared, except | ||
those offered in rebuttal for which the party could not | ||
reasonably have anticipated prior to the hearing); | ||
pre-hearing discovery and preparation, including provision | ||
for written interrogatories and requests for production of | ||
documents, provided that discovery depositions are | ||
prohibited; the conduct of the hearing; the right of each | ||
party to be represented by counsel, the offer of evidence | ||
and witnesses and the cross-examination of witnesses; the | ||
authority of the hearing officer to issue subpoenas and | ||
subpoenas duces tecum, provided that the hearing officer | ||
may limit the number of witnesses to be subpoenaed in | ||
behalf of each party to no more than 7; the length of | ||
post-hearing briefs; and the form, length, and content of | ||
hearing officers' reports and recommendations to the |
general superintendent. | ||
The hearing officer shall commence the hearing within | ||
75 calendar days and conclude the hearing within 120 | ||
calendar days after being selected by the parties as the | ||
hearing officer, provided that these timelines may be | ||
modified upon the showing of good cause or mutual agreement | ||
of the parties. Good cause for the purposes of this | ||
paragraph (5) shall mean the illness or otherwise | ||
unavoidable emergency of the teacher, district | ||
representative, their legal representatives, the hearing | ||
officer, or an essential witness as indicated in each | ||
party's pre-hearing submission. In a dismissal hearing in | ||
which a witness is a student or is under the age of 18, the | ||
hearing officer must make accommodations for the witness, | ||
as provided under paragraph (5.5) of this subsection. The | ||
hearing officer shall consider and give weight to all of | ||
the teacher's evaluations written pursuant to Article 24A | ||
that are relevant to the issues in the hearing. Except as | ||
otherwise provided under paragraph (5.5) of this | ||
subsection, the teacher or principal has the
privilege of | ||
being present at the hearing with counsel and of
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cross-examining witnesses and may offer evidence and | ||
witnesses and present
defenses to the charges. Each party | ||
shall have no more than 3 days to present its case, unless | ||
extended by the hearing officer to enable a party to | ||
present adequate evidence and testimony, including due to |
the other party's cross-examination of the party's | ||
witnesses, for good cause or by mutual agreement of the | ||
parties. The State Board of Education shall define in rules | ||
the meaning of "day" for such purposes.
All testimony at | ||
the hearing shall be taken under oath administered by the
| ||
hearing officer. The hearing officer shall cause a record | ||
of the
proceedings to be kept and shall employ a competent | ||
reporter to take
stenographic or stenotype notes of all the | ||
testimony. The costs of the
reporter's attendance and | ||
services at the hearing shall be paid by the party or | ||
parties who are paying the fees and costs of the hearing | ||
officer. Either party desiring a transcript of the
hearing | ||
shall pay for the cost thereof. At the close of the | ||
hearing, the hearing officer shall direct the parties to | ||
submit post-hearing briefs no later than 21 calendar days | ||
after receipt of the transcript. Either or both parties may | ||
waive submission of briefs. | ||
(5.5) In the case of charges involving sexual abuse or | ||
severe physical abuse of a student or a person under the | ||
age of 18, the hearing officer shall make alternative | ||
hearing procedures to protect a witness who is a student or | ||
who is under the age of 18 from being intimidated or | ||
traumatized. Alternative hearing procedures may include, | ||
but are not limited to: (i) testimony made via a | ||
telecommunication device in a location other than the | ||
hearing room and outside the physical presence of the |
teacher or principal and other hearing participants, (ii) | ||
testimony outside the physical presence of the teacher or | ||
principal, or (iii) non-public testimony. During a | ||
testimony described under this subsection, each party must | ||
be permitted to ask a witness who is a student or who is | ||
under 18 years of age all relevant questions and follow-up | ||
questions. All questions must exclude evidence of the | ||
witness' sexual behavior or predisposition, unless the | ||
evidence is offered to prove that someone other than the | ||
teacher subject to the dismissal hearing engaged in the | ||
charge at issue.
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(6) The hearing officer shall within 30 calendar days | ||
from the conclusion of the hearing
report to the general | ||
superintendent findings of fact and a recommendation as to | ||
whether or not the teacher or principal shall
be dismissed | ||
and shall give a copy of the report to both the
teacher or
| ||
principal and the general superintendent. The State Board | ||
of Education shall provide by rule the form of the hearing | ||
officer's report and recommendation. | ||
(7) The board, within 45
days of receipt of the hearing | ||
officer's findings of fact and recommendation,
shall make a | ||
decision as to whether the teacher or principal shall be | ||
dismissed
from its employ. The failure of the board to | ||
strictly adhere to the timeliness
contained herein shall | ||
not render it without jurisdiction to dismiss the
teacher
| ||
or principal. In the event that the board declines to |
dismiss the teacher or principal after review of a hearing | ||
officer's recommendation, the board shall set the amount of | ||
back pay and benefits to award the teacher or principal, | ||
which shall include offsets for interim earnings and | ||
failure to mitigate losses. The board shall establish | ||
procedures for the teacher's or principal's submission of | ||
evidence to it regarding lost earnings, lost benefits, | ||
mitigation, and offsets. The decision
of the board is final | ||
unless reviewed in accordance with paragraph (8) of this | ||
subsection (a).
| ||
(8) The teacher may seek judicial review of the board's | ||
decision in accordance with the Administrative Review Law, | ||
which is specifically incorporated in this Section, except | ||
that the review must be initiated in the Illinois Appellate | ||
Court for the First District. In the event judicial review | ||
is instituted, any costs of preparing and
filing the record | ||
of proceedings shall be paid by the party instituting
the | ||
review. In the event the appellate court reverses a board | ||
decision to dismiss a teacher or principal and directs the | ||
board to pay the teacher or the principal back pay and | ||
benefits, the appellate court shall remand the matter to | ||
the board to issue an administrative decision as to the | ||
amount of back pay and benefits, which shall include a | ||
calculation of the lost earnings, lost benefits, | ||
mitigation, and offsets based on evidence submitted to the | ||
board in accordance with procedures established by the |
board.
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(9) If the Governor has declared a disaster due to a | ||
public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Act, except if the parties | ||
mutually agree otherwise and the agreement is in writing, | ||
the requirements of this Section pertaining to prehearings | ||
and hearings are paused and do not begin to toll until the | ||
proclamation declaring the disaster is no longer in effect. | ||
If mutually agreed to and reduced in writing, the parties | ||
may proceed with the prehearing and hearing requirements of | ||
this Section connected to the appointment and selection of | ||
a hearing officer and those connected to commencing and | ||
concluding a hearing. Any hearing convened during a public | ||
health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act may be convened remotely. | ||
Any hearing officer for a hearing convened during a public | ||
health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act may voluntarily withdraw | ||
from the hearing and another hearing officer shall be | ||
selected or appointed pursuant to this Section. | ||
(b) Nothing in this Section affects the validity of removal | ||
for cause hearings
commenced prior to June 13, 2011 (the | ||
effective date of Public Act 97-8).
| ||
The changes made by Public Act 97-8 shall apply to | ||
dismissals instituted on or after September 1, 2011 or the | ||
effective date of Public Act 97-8, whichever is later. Any |
dismissal instituted prior to the effective date of these | ||
changes must be carried out in accordance with the requirements | ||
of this Section prior to amendment by Public Act 97-8. | ||
(Source: P.A. 101-531, eff. 8-23-19.)
| ||
(105 ILCS 5/34-85c) | ||
Sec. 34-85c. Alternative procedures for teacher | ||
evaluation, remediation, and removal for cause after | ||
remediation. | ||
(a) Notwithstanding any law to the contrary, the board and | ||
the exclusive representative of the district's teachers are | ||
hereby authorized to enter into an agreement to establish | ||
alternative procedures for teacher evaluation, remediation, | ||
and removal for cause after remediation, including an | ||
alternative system for peer evaluation and recommendations; | ||
provided, however, that no later than September 1, 2012: (i) | ||
any alternative procedures must include provisions whereby | ||
student performance data is a significant factor in teacher | ||
evaluation and (ii) teachers are rated as "excellent", | ||
"proficient", "needs improvement" or "unsatisfactory". | ||
Pursuant exclusively to that agreement, teachers assigned to | ||
schools identified in that agreement shall be subject to an | ||
alternative performance evaluation plan and remediation | ||
procedures in lieu of the plan and procedures set forth in | ||
Article 24A of this Code and alternative removal for cause | ||
standards and procedures in lieu of the removal standards and |
procedures set forth in Section 34-85 of this Code. To the | ||
extent that the agreement provides a teacher with an | ||
opportunity for a hearing on removal for cause before an | ||
independent hearing officer in accordance with Section 34-85 or | ||
otherwise, the hearing officer shall be governed by the | ||
alternative performance evaluation plan, remediation | ||
procedures, and removal standards and procedures set forth in | ||
the agreement in making findings of fact and a recommendation. | ||
(a-5) If the Governor has declared a disaster due to a | ||
public health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act that suspends in-person | ||
instruction, the timelines connected to the commencement and | ||
completion of any remediation plan are paused. Except where the | ||
parties mutually agree otherwise and such agreement is in | ||
writing, any remediation plan that had been in place for 45 or | ||
more days prior to the suspension of in-person instruction | ||
shall resume when in-person instruction resumes; any | ||
remediation plan that had been in place for fewer than 45 days | ||
prior to the suspension of in-person instruction shall | ||
discontinue and a new remediation period will begin when | ||
in-person instruction resumes. | ||
(b) The board and the exclusive representative of the | ||
district's teachers shall submit a certified copy of an | ||
agreement as provided under subsection (a) of this Section to | ||
the State Board of Education. | ||
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
|
Section 10. The Illinois Articulation Initiative Act is | ||
amended by changing Section 20 as follows:
| ||
(110 ILCS 152/20)
| ||
Sec. 20. Course transferability.
| ||
(a) All courses approved for Illinois Articulation | ||
Initiative General Education codes must be transferable as a | ||
part of the General Education Core Curriculum package, | ||
consistent with the specific requirements of the package. | ||
Illinois Articulation Initiative General Education courses | ||
taken during the public health emergency declared by | ||
proclamation of the Governor due to the COVID-19 pandemic | ||
during calendar year 2020 must be transferable for students | ||
receiving a grade of "pass", "credit", or "satisfactory" and | ||
shall fulfill the prerequisite requirements for advanced | ||
courses. | ||
(a-5) All public institutions shall determine if Illinois | ||
Articulation Initiative major courses are direct course | ||
equivalents or are elective credit toward the requirements of | ||
the major. If the receiving institution does not offer the | ||
course or does not offer it at the lower-division level, the | ||
student shall receive elective lower-division major credit | ||
toward the requirements of the major for the course and may be | ||
required to take the course at the upper-division level. | ||
(b) Students receiving the full General Education Core |
Curriculum package must not be required to take additional | ||
lower-division general education courses.
| ||
(Source: P.A. 99-636, eff. 1-1-17 .)
| ||
Section 15. The Board of Higher Education Act is amended by | ||
adding Section 9.39 as follows:
| ||
(110 ILCS 205/9.39 new) | ||
Sec. 9.39. Emergency completion and student support | ||
services grants. Subject to appropriation, the Board shall | ||
award emergency completion grants and competitive grants for | ||
public university student support services.
| ||
Section 20. The Higher Education Student Assistance Act is | ||
amended by changing Section 65.100 as follows:
| ||
(110 ILCS 947/65.100) | ||
(Text of Section before amendment by P.A. 101-613 ) | ||
(Section scheduled to be repealed on October 1, 2024) | ||
Sec. 65.100. AIM HIGH Grant Pilot Program. | ||
(a) The General Assembly makes all of the following | ||
findings: | ||
(1) Both access and affordability are important | ||
aspects of the Illinois Public Agenda for College and | ||
Career Success report. | ||
(2) This State is in the top quartile with respect to |
the percentage of family income needed to pay for college. | ||
(3) Research suggests that as loan amounts increase, | ||
rather than an increase in grant amounts, the probability | ||
of college attendance decreases. | ||
(4) There is further research indicating that | ||
socioeconomic status may affect the willingness of | ||
students to use loans to attend college. | ||
(5) Strategic use of tuition discounting can decrease | ||
the amount of loans that students must use to pay for | ||
tuition. | ||
(6) A modest, individually tailored tuition discount | ||
can make the difference in a student choosing to attend | ||
college and enhance college access for low-income and | ||
middle-income families. | ||
(7) Even if the federally calculated financial need for | ||
college attendance is met, the federally determined | ||
Expected Family Contribution can still be a daunting | ||
amount. | ||
(8) This State is the second largest exporter of | ||
students in the country. | ||
(9) When talented Illinois students attend | ||
universities in this State, the State and those | ||
universities benefit. | ||
(10) State universities in other states have adopted | ||
pricing and incentives that allow many Illinois residents | ||
to pay less to attend an out-of-state university than to |
remain in this State for college. | ||
(11) Supporting Illinois student attendance at | ||
Illinois public universities can assist in State efforts to | ||
maintain and educate a highly trained workforce. | ||
(12) Modest tuition discounts that are individually | ||
targeted and tailored can result in enhanced revenue for | ||
public universities. | ||
(13) By increasing a public university's capacity to | ||
strategically use tuition discounting, the public | ||
university will be capable of creating enhanced tuition | ||
revenue by increasing enrollment yields. | ||
(b) In this Section: | ||
"Eligible applicant" means a student from any high school | ||
in this State, whether or not recognized by the State Board of | ||
Education, who is engaged in a program of study that in due | ||
course will be completed by the end of the school year and who | ||
meets all of the qualifications and requirements under this | ||
Section. | ||
"Tuition and other necessary fees" includes the customary | ||
charge for instruction and use of facilities in general and the | ||
additional fixed fees charged for specified purposes that are | ||
required generally of non-grant recipients for each academic | ||
period for which the grant applicant actually enrolls, but does | ||
not include fees payable only once or breakage fees and other | ||
contingent deposits that are refundable in whole or in part. | ||
The Commission may adopt, by rule not inconsistent with this |
Section, detailed provisions concerning the computation of | ||
tuition and other necessary fees. | ||
(c) Beginning with the 2019-2020 academic year, each public | ||
university may establish a merit-based scholarship pilot | ||
program known as the AIM HIGH Grant Pilot Program. Each year, | ||
the Commission shall receive and consider applications from | ||
public universities under this Section. Subject to | ||
appropriation and any tuition waiver limitation established by | ||
the Board of Higher Education, a public university campus may | ||
award a grant to a student under this Section if it finds that | ||
the applicant meets all of the following criteria: | ||
(1) He or she is a resident of this State and a citizen | ||
or eligible noncitizen of the United States. | ||
(2) He or she files a Free Application for Federal | ||
Student Aid and demonstrates financial need with a | ||
household income no greater than 6 times the poverty | ||
guidelines updated periodically in the Federal Register by | ||
the U.S. Department of Health and Human Services under the | ||
authority of 42 U.S.C. 9902(2). The household income of the | ||
applicant at the time of initial application shall be | ||
deemed to be the household income of the applicant for the | ||
duration of the pilot program. | ||
(3) He or she meets the minimum cumulative grade point | ||
average or ACT or SAT college admissions test score, as | ||
determined by the public university campus. | ||
(4) He or she is enrolled in a public university as an |
undergraduate student on a full-time basis. | ||
(5) He or she has not yet received a baccalaureate | ||
degree or the equivalent of 135 semester credit hours. | ||
(6) He or she is not incarcerated. | ||
(7) He or she is not in default on any student loan or | ||
does not owe a refund or repayment on any State or federal | ||
grant or scholarship. | ||
(8) Any other reasonable criteria, as determined by the | ||
public university campus. | ||
(d) Each public university campus shall determine grant | ||
renewal criteria consistent with the requirements under this | ||
Section. | ||
(e) Each participating public university campus shall post | ||
on its Internet website criteria and eligibility requirements | ||
for receiving awards that use funds under this Section that | ||
include a range in the sizes of these individual awards. The | ||
criteria and amounts must also be reported to the Commission | ||
and the Board of Higher Education, who shall post the | ||
information on their respective Internet websites. | ||
(f) After enactment of an appropriation for this Program, | ||
the Commission shall determine an allocation of funds to each | ||
public university in an amount proportionate to the number of | ||
undergraduate students who are residents of this State and | ||
citizens or eligible noncitizens of the United States and who | ||
were enrolled at each public university campus in the previous | ||
academic year. All applications must be made to the Commission |
on or before a date determined by the Commission and on forms | ||
that the Commission shall provide to each public university | ||
campus. The form of the application and the information | ||
required shall be determined by the Commission and shall | ||
include, without limitation, the total public university | ||
campus funds used to match funds received from the Commission | ||
in the previous academic year under this Section, if any, the | ||
total enrollment of undergraduate students who are residents of | ||
this State from the previous academic year, and any supporting | ||
documents as the Commission deems necessary. Each public | ||
university campus shall match the amount of funds received by | ||
the Commission with financial aid for eligible students. | ||
A public university campus is not required to claim its | ||
entire allocation. The Commission shall make available to all | ||
public universities, on a date determined by the Commission, | ||
any unclaimed funds and the funds must be made available to | ||
those public university campuses in the proportion determined | ||
under this subsection (f), excluding from the calculation those | ||
public university campuses not claiming their full | ||
allocations. | ||
Each public university campus may determine the award | ||
amounts for eligible students on an individual or broad basis, | ||
but, subject to renewal eligibility, each renewed award may not | ||
be less than the amount awarded to the eligible student in his | ||
or her first year attending the public university campus. | ||
Notwithstanding this limitation, a renewal grant may be reduced |
due to changes in the student's cost of attendance, including, | ||
but not limited to, if a student reduces the number of credit | ||
hours in which he or she is enrolled, but remains a full-time | ||
student, or switches to a course of study with a lower tuition | ||
rate. | ||
An eligible applicant awarded grant assistance under this | ||
Section is eligible to receive other financial aid. Total grant | ||
aid to the student from all sources may not exceed the total | ||
cost of attendance at the public university campus. | ||
(g) All money allocated to a public university campus under | ||
this Section may be used only for financial aid purposes for | ||
students attending the public university campus during the | ||
academic year, not including summer terms. Notwithstanding any | ||
other provision of law to the contrary, any funds received by a | ||
public university campus under this Section that are not | ||
granted to students in the academic year for which the funds | ||
are received may be retained by the public university campus | ||
for expenditure on students participating in the Program or | ||
students eligible to participate in the Program. | ||
(h) Each public university campus that establishes a | ||
Program under this Section must annually report to the | ||
Commission, on or before a date determined by the Commission, | ||
the number of undergraduate students enrolled at that campus | ||
who are residents of this State. | ||
(i) Each public university campus must report to the | ||
Commission the total non-loan financial aid amount given by the |
public university campus to undergraduate students in fiscal | ||
year 2018. To be eligible to receive funds under the Program, a | ||
public university campus may not decrease the total amount of | ||
non-loan financial aid for undergraduate students to an amount | ||
lower than the total non-loan financial aid amount given by the | ||
public university campus to undergraduate students in fiscal | ||
year 2018, not including any funds received from the Commission | ||
under this Section or any funds used to match grant awards | ||
under this Section. | ||
(j) On or before a date determined by the Commission, each | ||
public university campus that participates in the Program under | ||
this Section shall annually submit a report to the Commission | ||
with all of the following information: | ||
(1) The Program's impact on tuition revenue and | ||
enrollment goals and increase in access and affordability | ||
at the public university campus. | ||
(2) Total funds received by the public university | ||
campus under the Program. | ||
(3) Total non-loan financial aid awarded to | ||
undergraduate students attending the public university | ||
campus. | ||
(4) Total amount of funds matched by the public | ||
university campus. | ||
(5) Total amount of claimed and unexpended funds | ||
retained by the public university campus. | ||
(6) The percentage of total financial aid distributed |
under the Program by the public university campus. | ||
(7) The total number of students receiving grants from | ||
the public university campus under the Program and those | ||
students' grade level, race, gender, income level, family | ||
size, Monetary Award Program eligibility, Pell Grant | ||
eligibility, and zip code of residence and the amount of | ||
each grant award. This information shall include unit | ||
record data on those students regarding variables | ||
associated with the parameters of the public university's | ||
Program, including, but not limited to, a student's ACT or | ||
SAT college admissions test score, high school or | ||
university cumulative grade point average, or program of | ||
study. | ||
On or before October 1, 2020 and annually on or before | ||
October 1 thereafter, the Commission shall submit a report with | ||
the findings under this subsection (j) and any other | ||
information regarding the AIM HIGH Grant Pilot Program to (i) | ||
the Governor, (ii) the Speaker of the House of Representatives, | ||
(iii) the Minority Leader of the House of Representatives, (iv) | ||
the President of the Senate, and (v) the Minority Leader of the | ||
Senate. The reports to the General Assembly shall be filed with | ||
the Clerk of the House of Representatives and the Secretary of | ||
the Senate in electronic form only, in the manner that the | ||
Clerk and the Secretary shall direct. The Commission's report | ||
may not disaggregate data to a level that may disclose | ||
personally identifying information of individual students. |
The sharing and reporting of student data under this | ||
subsection (j) must be in accordance with the requirements | ||
under the federal Family Educational Rights and Privacy Act of | ||
1974 and the Illinois School Student Records Act. All parties | ||
must preserve the confidentiality of the information as | ||
required by law. The names of the grant recipients under this | ||
Section are not subject to disclosure under the Freedom of | ||
Information Act. | ||
Public university campuses that fail to submit a report | ||
under this subsection (j) or that fail to adhere to any other | ||
requirements under this Section may not be eligible for | ||
distribution of funds under the Program for the next academic | ||
year, but may be eligible for distribution of funds for each | ||
academic year thereafter. | ||
(k) The Commission shall adopt rules to implement this | ||
Section. | ||
(l) This Section is repealed on October 1, 2024.
| ||
(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18; | ||
100-1183, eff. 4-4-19; 101-81, eff. 7-12-19.)
| ||
(Text of Section after amendment by P.A. 101-613 ) | ||
(Section scheduled to be repealed on October 1, 2024) | ||
Sec. 65.100. AIM HIGH Grant Pilot Program. | ||
(a) The General Assembly makes all of the following | ||
findings: | ||
(1) Both access and affordability are important |
aspects of the Illinois Public Agenda for College and | ||
Career Success report. | ||
(2) This State is in the top quartile with respect to | ||
the percentage of family income needed to pay for college. | ||
(3) Research suggests that as loan amounts increase, | ||
rather than an increase in grant amounts, the probability | ||
of college attendance decreases. | ||
(4) There is further research indicating that | ||
socioeconomic status may affect the willingness of | ||
students to use loans to attend college. | ||
(5) Strategic use of tuition discounting can decrease | ||
the amount of loans that students must use to pay for | ||
tuition. | ||
(6) A modest, individually tailored tuition discount | ||
can make the difference in a student choosing to attend | ||
college and enhance college access for low-income and | ||
middle-income families. | ||
(7) Even if the federally calculated financial need for | ||
college attendance is met, the federally determined | ||
Expected Family Contribution can still be a daunting | ||
amount. | ||
(8) This State is the second largest exporter of | ||
students in the country. | ||
(9) When talented Illinois students attend | ||
universities in this State, the State and those | ||
universities benefit. |
(10) State universities in other states have adopted | ||
pricing and incentives that allow many Illinois residents | ||
to pay less to attend an out-of-state university than to | ||
remain in this State for college. | ||
(11) Supporting Illinois student attendance at | ||
Illinois public universities can assist in State efforts to | ||
maintain and educate a highly trained workforce. | ||
(12) Modest tuition discounts that are individually | ||
targeted and tailored can result in enhanced revenue for | ||
public universities. | ||
(13) By increasing a public university's capacity to | ||
strategically use tuition discounting, the public | ||
university will be capable of creating enhanced tuition | ||
revenue by increasing enrollment yields. | ||
(b) In this Section: | ||
"Eligible applicant" means a student from any high school | ||
in this State, whether or not recognized by the State Board of | ||
Education, who is engaged in a program of study that in due | ||
course will be completed by the end of the school year and who | ||
meets all of the qualifications and requirements under this | ||
Section. | ||
"Tuition and other necessary fees" includes the customary | ||
charge for instruction and use of facilities in general and the | ||
additional fixed fees charged for specified purposes that are | ||
required generally of non-grant recipients for each academic | ||
period for which the grant applicant actually enrolls, but does |
not include fees payable only once or breakage fees and other | ||
contingent deposits that are refundable in whole or in part. | ||
The Commission may adopt, by rule not inconsistent with this | ||
Section, detailed provisions concerning the computation of | ||
tuition and other necessary fees. | ||
(c) Beginning with the 2019-2020 academic year, each public | ||
university may establish a merit-based scholarship pilot | ||
program known as the AIM HIGH Grant Pilot Program. Each year, | ||
the Commission shall receive and consider applications from | ||
public universities under this Section. Subject to | ||
appropriation and any tuition waiver limitation established by | ||
the Board of Higher Education, a public university campus may | ||
award a grant to a student under this Section if it finds that | ||
the applicant meets all of the following criteria: | ||
(1) He or she is a resident of this State and a citizen | ||
or eligible noncitizen of the United States. | ||
(2) He or she files a Free Application for Federal | ||
Student Aid and demonstrates financial need with a | ||
household income no greater than 6 times the poverty | ||
guidelines updated periodically in the Federal Register by | ||
the U.S. Department of Health and Human Services under the | ||
authority of 42 U.S.C. 9902(2). The household income of the | ||
applicant at the time of initial application shall be | ||
deemed to be the household income of the applicant for the | ||
duration of the pilot program. | ||
(3) He or she meets the minimum cumulative grade point |
average or ACT or SAT college admissions test score, as | ||
determined by the public university campus. | ||
(4) He or she is enrolled in a public university as an | ||
undergraduate student on a full-time basis. | ||
(5) He or she has not yet received a baccalaureate | ||
degree or the equivalent of 135 semester credit hours. | ||
(6) He or she is not incarcerated. | ||
(7) He or she is not in default on any student loan or | ||
does not owe a refund or repayment on any State or federal | ||
grant or scholarship. | ||
(8) Any other reasonable criteria, as determined by the | ||
public university campus. | ||
(d) Each public university campus shall determine grant | ||
renewal criteria consistent with the requirements under this | ||
Section. | ||
(e) Each participating public university campus shall post | ||
on its Internet website criteria and eligibility requirements | ||
for receiving awards that use funds under this Section that | ||
include a range in the sizes of these individual awards. The | ||
criteria and amounts must also be reported to the Commission | ||
and the Board of Higher Education, who shall post the | ||
information on their respective Internet websites. | ||
(f) After enactment of an appropriation for this Program, | ||
the Commission shall determine an allocation of funds to each | ||
public university in an amount proportionate to the number of | ||
undergraduate students who are residents of this State and |
citizens or eligible noncitizens of the United States and who | ||
were enrolled at each public university campus in the previous | ||
academic year. All applications must be made to the Commission | ||
on or before a date determined by the Commission and on forms | ||
that the Commission shall provide to each public university | ||
campus. The form of the application and the information | ||
required shall be determined by the Commission and shall | ||
include, without limitation, the total public university | ||
campus funds used to match funds received from the Commission | ||
in the previous academic year under this Section, if any, the | ||
total enrollment of undergraduate students who are residents of | ||
this State from the previous academic year, and any supporting | ||
documents as the Commission deems necessary. Each public | ||
university campus shall match the amount of funds received by | ||
the Commission with financial aid for eligible students. | ||
A public university campus is not required to claim its | ||
entire allocation. The Commission shall make available to all | ||
public universities, on a date determined by the Commission, | ||
any unclaimed funds and the funds must be made available to | ||
those public university campuses in the proportion determined | ||
under this subsection (f), excluding from the calculation those | ||
public university campuses not claiming their full | ||
allocations. | ||
Each public university campus may determine the award | ||
amounts for eligible students on an individual or broad basis, | ||
but, subject to renewal eligibility, each renewed award may not |
be less than the amount awarded to the eligible student in his | ||
or her first year attending the public university campus. | ||
Notwithstanding this limitation, a renewal grant may be reduced | ||
due to changes in the student's cost of attendance, including, | ||
but not limited to, if a student reduces the number of credit | ||
hours in which he or she is enrolled, but remains a full-time | ||
student, or switches to a course of study with a lower tuition | ||
rate. | ||
An eligible applicant awarded grant assistance under this | ||
Section is eligible to receive other financial aid. Total grant | ||
aid to the student from all sources may not exceed the total | ||
cost of attendance at the public university campus. | ||
(g) All money allocated to a public university campus under | ||
this Section may be used only for financial aid purposes for | ||
students attending the public university campus during the | ||
academic year, not including summer terms. Notwithstanding any | ||
other provision of law to the contrary, any funds received by a | ||
public university campus under this Section that are not | ||
granted to students in the academic year for which the funds | ||
are received may be retained by the public university campus | ||
for expenditure on students participating in the Program or | ||
students eligible to participate in the Program. | ||
(h) Each public university campus that establishes a | ||
Program under this Section must annually report to the | ||
Commission, on or before a date determined by the Commission, | ||
the number of undergraduate students enrolled at that campus |
who are residents of this State. | ||
(i) Each public university campus must report to the | ||
Commission the total non-loan financial aid amount given by the | ||
public university campus to undergraduate students in the | ||
2017-2018 academic year, not including the summer term. To be | ||
eligible to receive funds under the Program, a public | ||
university campus may not decrease the total amount of non-loan | ||
financial aid it gives to undergraduate students, not including | ||
any funds received from the Commission under this Section or | ||
any funds used to match grant awards under this Section, to an | ||
amount lower than the reported amount for the 2017-2018 | ||
academic year, not including the summer term. | ||
(j) On or before a date determined by the Commission, each | ||
public university campus that participates in the Program under | ||
this Section shall annually submit a report to the Commission | ||
with all of the following information: | ||
(1) The Program's impact on tuition revenue and | ||
enrollment goals and increase in access and affordability | ||
at the public university campus. | ||
(2) Total funds received by the public university | ||
campus under the Program. | ||
(3) Total non-loan financial aid awarded to | ||
undergraduate students attending the public university | ||
campus. | ||
(4) Total amount of funds matched by the public | ||
university campus. |
(5) Total amount of claimed and unexpended funds | ||
retained by the public university campus. | ||
(6) The percentage of total financial aid distributed | ||
under the Program by the public university campus. | ||
(7) The total number of students receiving grants from | ||
the public university campus under the Program and those | ||
students' grade level, race, gender, income level, family | ||
size, Monetary Award Program eligibility, Pell Grant | ||
eligibility, and zip code of residence and the amount of | ||
each grant award. This information shall include unit | ||
record data on those students regarding variables | ||
associated with the parameters of the public university's | ||
Program, including, but not limited to, a student's ACT or | ||
SAT college admissions test score, high school or | ||
university cumulative grade point average, or program of | ||
study. | ||
On or before October 1, 2020 and annually on or before | ||
October 1 thereafter, the Commission shall submit a report with | ||
the findings under this subsection (j) and any other | ||
information regarding the AIM HIGH Grant Pilot Program to (i) | ||
the Governor, (ii) the Speaker of the House of Representatives, | ||
(iii) the Minority Leader of the House of Representatives, (iv) | ||
the President of the Senate, and (v) the Minority Leader of the | ||
Senate. The reports to the General Assembly shall be filed with | ||
the Clerk of the House of Representatives and the Secretary of | ||
the Senate in electronic form only, in the manner that the |
Clerk and the Secretary shall direct. The Commission's report | ||
may not disaggregate data to a level that may disclose | ||
personally identifying information of individual students. | ||
The sharing and reporting of student data under this | ||
subsection (j) must be in accordance with the requirements | ||
under the federal Family Educational Rights and Privacy Act of | ||
1974 and the Illinois School Student Records Act. All parties | ||
must preserve the confidentiality of the information as | ||
required by law. The names of the grant recipients under this | ||
Section are not subject to disclosure under the Freedom of | ||
Information Act. | ||
Public university campuses that fail to submit a report | ||
under this subsection (j) or that fail to adhere to any other | ||
requirements under this Section may not be eligible for | ||
distribution of funds under the Program for the next academic | ||
year, but may be eligible for distribution of funds for each | ||
academic year thereafter. | ||
(k) The Commission shall adopt rules to implement this | ||
Section. | ||
(l) This Section is repealed on October 1, 2024.
| ||
(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18; | ||
100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff. | ||
6-1-20.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|