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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51H-115, 2-3.64a-5, 2-3.71, 2-3.170, 10-19, 10-19.05, 10-20.56,
610-21.9, 14-8.02f, 14-8.02h, 17-2.11, 17-2A, 18-8.15, 21A-5,
721A-30, 21A-35, 21B-20, 21B-35, 21B-45, 21B-50, 24-11, 24-12,
824A-5, 27-3, 27-6.5, 27-8.1, 27-21, 27-22, 34-2.1, 34-2.2,
934-18.5, 34-85, and 34-85c and by adding Sections 10-30,
1021B-110, 21B-115, 22-89, and 34-18.66 as follows:
 
11    (105 ILCS 5/1H-115)
12    Sec. 1H-115. Abolition of Panel.
13    (a) Except as provided in subsections (b), (c), and (d),
14and (e) of this Section, the Panel shall be abolished 10 years
15after its creation.
16    (b) The State Board, upon recommendation of the Panel or
17petition of the school board, may abolish the Panel at any time
18after the Panel has been in existence for 3 years if no
19obligations of the Panel are outstanding or remain undefeased
20and upon investigation and finding that:
21        (1) none of the factors specified in Section 1A-8 of
22    this Code remain applicable to the district; and
23        (2) there has been substantial achievement of the goals

 

 

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1    and objectives established pursuant to the financial plan
2    and required under Section 1H-15 of this Code.
3    (c) The Panel of a district that otherwise meets all of the
4requirements for abolition of a Panel under subsection (b) of
5this Section, except for the fact that there are outstanding
6financial obligations of the Panel, may petition the State
7Board for reinstatement of all of the school board's powers and
8duties assumed by the Panel; and if approved by the State
9Board, then:
10        (1) the Panel shall continue in operation, but its
11    powers and duties shall be limited to those necessary to
12    manage and administer its outstanding obligations;
13        (2) the school board shall once again begin exercising
14    all of the powers and duties otherwise allowed by statute;
15    and
16        (3) the Panel shall be abolished as provided in
17    subsection (a) of this Section.
18    (d) If the Panel of a district otherwise meets all of the
19requirements for abolition of a Panel under subsection (b) of
20this Section, except for outstanding obligations of the Panel,
21then the district may petition the State Board for abolition of
22the Panel if the district:
23        (1) establishes an irrevocable trust fund, the purpose
24    of which is to provide moneys to defease the outstanding
25    obligations of the Panel; and
26        (2) issues funding bonds pursuant to the provisions of

 

 

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1    Sections 19-8 and 19-9 of this Code.
2    A district with a Panel that falls under this subsection
3(d) shall be abolished as provided in subsection (a) of this
4Section.
5    (e) The duration of a Panel may be continued for more than
610 years after the date of its creation if the State Board
7extends the Panel's duration under paragraph (3) of subsection
8(e) of Section 18-8.15 of this Code.
9(Source: P.A. 97-429, eff. 8-16-11; 98-463, eff. 8-16-13.)
 
10    (105 ILCS 5/2-3.64a-5)
11    Sec. 2-3.64a-5. State goals and assessment.
12    (a) For the assessment and accountability purposes of this
13Section, "students" includes those students enrolled in a
14public or State-operated elementary school, secondary school,
15or cooperative or joint agreement with a governing body or
16board of control, a charter school operating in compliance with
17the Charter Schools Law, a school operated by a regional office
18of education under Section 13A-3 of this Code, or a public
19school administered by a local public agency or the Department
20of Human Services.
21    (b) The State Board of Education shall establish the
22academic standards that are to be applicable to students who
23are subject to State assessments under this Section. The State
24Board of Education shall not establish any such standards in
25final form without first providing opportunities for public

 

 

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1participation and local input in the development of the final
2academic standards. Those opportunities shall include a
3well-publicized period of public comment and opportunities to
4file written comments.
5    (c) Beginning no later than the 2014-2015 school year, the
6State Board of Education shall annually assess all students
7enrolled in grades 3 through 8 in English language arts and
8mathematics.
9    Beginning no later than the 2017-2018 school year, the
10State Board of Education shall annually assess all students in
11science at one grade in grades 3 through 5, at one grade in
12grades 6 through 8, and at one grade in grades 9 through 12.
13    The State Board of Education shall annually assess schools
14that operate a secondary education program, as defined in
15Section 22-22 of this Code, in English language arts and
16mathematics. The State Board of Education shall administer no
17more than 3 assessments, per student, of English language arts
18and mathematics for students in a secondary education program.
19One of these assessments shall be recognized by this State's
20public institutions of higher education, as defined in the
21Board of Higher Education Act, for the purpose of student
22application or admissions consideration. The assessment
23administered by the State Board of Education for the purpose of
24student application to or admissions consideration by
25institutions of higher education must be administered on a
26school day during regular student attendance hours.

 

 

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1    Students who do not take the State's final accountability
2assessment or its approved alternate assessment may not receive
3a regular high school diploma unless the student is exempted
4from taking the State assessments under subsection (d) of this
5Section because the student is enrolled in a program of adult
6and continuing education, as defined in the Adult Education
7Act, or the student is identified by the State Board of
8Education, through rules, as being exempt from the assessment.
9    The State Board of Education shall not assess students
10under this Section in subjects not required by this Section.
11    Districts shall inform their students of the timelines and
12procedures applicable to their participation in every yearly
13administration of the State assessments. The State Board of
14Education shall establish periods of time in each school year
15during which State assessments shall occur to meet the
16objectives of this Section.
17    The requirements of this subsection do not apply if the
18State Board of Education has received a waiver from the
19administration of assessments from the U.S. Department of
20Education.
21    (d) Every individualized educational program as described
22in Article 14 shall identify if the State assessment or
23components thereof require accommodation for the student. The
24State Board of Education shall develop rules governing the
25administration of an alternate assessment that may be available
26to students for whom participation in this State's regular

 

 

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1assessments is not appropriate, even with accommodations as
2allowed under this Section.
3    Students receiving special education services whose
4individualized educational programs identify them as eligible
5for the alternative State assessments nevertheless shall have
6the option of also taking this State's regular final
7accountability assessment, which shall be administered in
8accordance with the eligible accommodations appropriate for
9meeting these students' respective needs.
10    All students determined to be English learners shall
11participate in the State assessments. The scores of those
12students who have been enrolled in schools in the United States
13for less than 12 months may not be used for the purposes of
14accountability. Any student determined to be an English learner
15shall receive appropriate assessment accommodations, including
16language supports, which shall be established by rule. Approved
17assessment accommodations must be provided until the student's
18English language skills develop to the extent that the student
19is no longer considered to be an English learner, as
20demonstrated through a State-identified English language
21proficiency assessment.
22    (e) The results or scores of each assessment taken under
23this Section shall be made available to the parents of each
24student.
25    In each school year, the scores attained by a student on
26the final accountability assessment must be placed in the

 

 

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1student's permanent record pursuant to rules that the State
2Board of Education shall adopt for that purpose in accordance
3with Section 3 of the Illinois School Student Records Act. In
4each school year, the scores attained by a student on the State
5assessments administered in grades 3 through 8 must be placed
6in the student's temporary record.
7    (f) All schools shall administer the State's academic
8assessment of English language proficiency to all children
9determined to be English learners.
10    (g) All schools in this State that are part of the sample
11drawn by the National Center for Education Statistics, in
12collaboration with their school districts and the State Board
13of Education, shall administer the academic assessments under
14the National Assessment of Educational Progress carried out
15under Section 411(b)(2) of the federal National Education
16Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
17of Education pays the costs of administering the assessments.
18    (h) (Blank).
19    (i) For the purposes of this subsection (i), "academically
20based assessments" means assessments consisting of questions
21and answers that are measurable and quantifiable to measure the
22knowledge, skills, and ability of students in the subject
23matters covered by the assessments. All assessments
24administered pursuant to this Section must be academically
25based assessments. The scoring of academically based
26assessments shall be reliable, valid, and fair and shall meet

 

 

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1the guidelines for assessment development and use prescribed by
2the American Psychological Association, the National Council
3on Measurement in Education, and the American Educational
4Research Association.
5    The State Board of Education shall review the use of all
6assessment item types in order to ensure that they are valid
7and reliable indicators of student performance aligned to the
8learning standards being assessed and that the development,
9administration, and scoring of these item types are justifiable
10in terms of cost.
11    (j) The State Superintendent of Education shall appoint a
12committee of no more than 21 members, consisting of parents,
13teachers, school administrators, school board members,
14assessment experts, regional superintendents of schools, and
15citizens, to review the State assessments administered by the
16State Board of Education. The Committee shall select one of its
17members as its chairperson. The Committee shall meet on an
18ongoing basis to review the content and design of the
19assessments (including whether the requirements of subsection
20(i) of this Section have been met), the time and money expended
21at the local and State levels to prepare for and administer the
22assessments, the collective results of the assessments as
23measured against the stated purpose of assessing student
24performance, and other issues involving the assessments
25identified by the Committee. The Committee shall make periodic
26recommendations to the State Superintendent of Education and

 

 

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1the General Assembly concerning the assessments.
2    (k) The State Board of Education may adopt rules to
3implement this Section.
4(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
5eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
6100-863, eff. 8-14-18; 100-1046, eff. 8-23-18.)
 
7    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
8    Sec. 2-3.71. Grants for preschool educational programs.
9    (a) Preschool program.
10        (1) The State Board of Education shall implement and
11    administer a grant program under the provisions of this
12    subsection which shall consist of grants to public school
13    districts and other eligible entities, as defined by the
14    State Board of Education, to conduct voluntary preschool
15    educational programs for children ages 3 to 5 which include
16    a parent education component. A public school district
17    which receives grants under this subsection may
18    subcontract with other entities that are eligible to
19    conduct a preschool educational program. These grants must
20    be used to supplement, not supplant, funds received from
21    any other source.
22        (2) (Blank).
23        (3) Except as otherwise provided under this subsection
24    (a), any teacher of preschool children in the program
25    authorized by this subsection shall hold a Professional

 

 

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1    Educator License with an early childhood education
2    endorsement.
3        (3.5) Beginning with the 2018-2019 school year and
4    until the 2023-2024 school year, an individual may teach
5    preschool children in an early childhood program under this
6    Section if he or she holds a Professional Educator License
7    with an early childhood education endorsement or with
8    short-term approval for early childhood education or he or
9    she pursues a Professional Educator License and holds any
10    of the following:
11            (A) An ECE Credential Level of 5 awarded by the
12        Department of Human Services under the Gateways to
13        Opportunity Program developed under Section 10-70 of
14        the Department of Human Services Act.
15            (B) An Educator License with Stipulations with a
16        transitional bilingual educator endorsement and he or
17        she has (i) passed an early childhood education content
18        test or (ii) completed no less than 9 semester hours of
19        postsecondary coursework in the area of early
20        childhood education.
21        (4) (Blank).
22        (4.5) The State Board of Education shall provide the
23    primary source of funding through appropriations for the
24    program. Such funds shall be distributed to achieve a goal
25    of "Preschool for All Children" for the benefit of all
26    children whose families choose to participate in the

 

 

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1    program. Based on available appropriations, newly funded
2    programs shall be selected through a process giving first
3    priority to qualified programs serving primarily at-risk
4    children and second priority to qualified programs serving
5    primarily children with a family income of less than 4
6    times the poverty guidelines updated periodically in the
7    Federal Register by the U.S. Department of Health and Human
8    Services under the authority of 42 U.S.C. 9902(2). For
9    purposes of this paragraph (4.5), at-risk children are
10    those who because of their home and community environment
11    are subject to such language, cultural, economic and like
12    disadvantages to cause them to have been determined as a
13    result of screening procedures to be at risk of academic
14    failure. Such screening procedures shall be based on
15    criteria established by the State Board of Education.
16        Except as otherwise provided in this paragraph (4.5),
17    grantees under the program must enter into a memorandum of
18    understanding with the appropriate local Head Start
19    agency. This memorandum must be entered into no later than
20    3 months after the award of a grantee's grant under the
21    program, except that, in the case of the 2009-2010 program
22    year, the memorandum must be entered into no later than the
23    deadline set by the State Board of Education for
24    applications to participate in the program in fiscal year
25    2011, and must address collaboration between the grantee's
26    program and the local Head Start agency on certain issues,

 

 

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1    which shall include without limitation the following:
2            (A) educational activities, curricular objectives,
3        and instruction;
4            (B) public information dissemination and access to
5        programs for families contacting programs;
6            (C) service areas;
7            (D) selection priorities for eligible children to
8        be served by programs;
9            (E) maximizing the impact of federal and State
10        funding to benefit young children;
11            (F) staff training, including opportunities for
12        joint staff training;
13            (G) technical assistance;
14            (H) communication and parent outreach for smooth
15        transitions to kindergarten;
16            (I) provision and use of facilities,
17        transportation, and other program elements;
18            (J) facilitating each program's fulfillment of its
19        statutory and regulatory requirements;
20            (K) improving local planning and collaboration;
21        and
22            (L) providing comprehensive services for the
23        neediest Illinois children and families.
24    If the appropriate local Head Start agency is unable or
25    unwilling to enter into a memorandum of understanding as
26    required under this paragraph (4.5), the memorandum of

 

 

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1    understanding requirement shall not apply and the grantee
2    under the program must notify the State Board of Education
3    in writing of the Head Start agency's inability or
4    unwillingness. The State Board of Education shall compile
5    all such written notices and make them available to the
6    public.
7        (5) The State Board of Education shall develop and
8    provide evaluation tools, including tests, that school
9    districts and other eligible entities may use to evaluate
10    children for school readiness prior to age 5. The State
11    Board of Education shall require school districts and other
12    eligible entities to obtain consent from the parents or
13    guardians of children before any evaluations are
14    conducted. The State Board of Education shall encourage
15    local school districts and other eligible entities to
16    evaluate the population of preschool children in their
17    communities and provide preschool programs, pursuant to
18    this subsection, where appropriate.
19        (6) The State Board of Education shall report to the
20    General Assembly by November 1, 2018 and every 2 years
21    thereafter on the results and progress of students who were
22    enrolled in preschool educational programs, including an
23    assessment of which programs have been most successful in
24    promoting academic excellence and alleviating academic
25    failure. The State Board of Education shall assess the
26    academic progress of all students who have been enrolled in

 

 

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1    preschool educational programs.
2        On or before November 1 of each fiscal year in which
3    the General Assembly provides funding for new programs
4    under paragraph (4.5) of this Section, the State Board of
5    Education shall report to the General Assembly on what
6    percentage of new funding was provided to programs serving
7    primarily at-risk children, what percentage of new funding
8    was provided to programs serving primarily children with a
9    family income of less than 4 times the federal poverty
10    level, and what percentage of new funding was provided to
11    other programs.
12        (7) Due to evidence that expulsion practices in the
13    preschool years are linked to poor child outcomes and are
14    employed inconsistently across racial and gender groups,
15    early childhood programs receiving State funds under this
16    subsection (a) shall prohibit expulsions. Planned
17    transitions to settings that are able to better meet a
18    child's needs are not considered expulsion under this
19    paragraph (7).
20            (A) When persistent and serious challenging
21        behaviors emerge, the early childhood program shall
22        document steps taken to ensure that the child can
23        participate safely in the program; including
24        observations of initial and ongoing challenging
25        behaviors, strategies for remediation and intervention
26        plans to address the behaviors, and communication with

 

 

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1        the parent or legal guardian, including participation
2        of the parent or legal guardian in planning and
3        decision-making.
4            (B) The early childhood program shall, with
5        parental or legal guardian consent as required,
6        utilize a range of community resources, if available
7        and deemed necessary, including, but not limited to,
8        developmental screenings, referrals to programs and
9        services administered by a local educational agency or
10        early intervention agency under Parts B and C of the
11        federal Individual with Disabilities Education Act,
12        and consultation with infant and early childhood
13        mental health consultants and the child's health care
14        provider. The program shall document attempts to
15        engage these resources, including parent or legal
16        guardian participation and consent attempted and
17        obtained. Communication with the parent or legal
18        guardian shall take place in a culturally and
19        linguistically competent manner.
20            (C) If there is documented evidence that all
21        available interventions and supports recommended by a
22        qualified professional have been exhausted and the
23        program determines in its professional judgment that
24        transitioning a child to another program is necessary
25        for the well-being of the child or his or her peers and
26        staff, with parent or legal guardian permission, both

 

 

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1        the current and pending programs shall create a
2        transition plan designed to ensure continuity of
3        services and the comprehensive development of the
4        child. Communication with families shall occur in a
5        culturally and linguistically competent manner.
6            (D) Nothing in this paragraph (7) shall preclude a
7        parent's or legal guardian's right to voluntarily
8        withdraw his or her child from an early childhood
9        program. Early childhood programs shall request and
10        keep on file, when received, a written statement from
11        the parent or legal guardian stating the reason for his
12        or her decision to withdraw his or her child.
13            (E) In the case of the determination of a serious
14        safety threat to a child or others or in the case of
15        behaviors listed in subsection (d) of Section 10-22.6
16        of this Code, the temporary removal of a child from
17        attendance in group settings may be used. Temporary
18        removal of a child from attendance in a group setting
19        shall trigger the process detailed in subparagraphs
20        (A), (B), and (C) of this paragraph (7), with the child
21        placed back in a group setting as quickly as possible.
22            (F) Early childhood programs may utilize and the
23        State Board of Education, the Department of Human
24        Services, and the Department of Children and Family
25        Services shall recommend training, technical support,
26        and professional development resources to improve the

 

 

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1        ability of teachers, administrators, program
2        directors, and other staff to promote social-emotional
3        development and behavioral health, to address
4        challenging behaviors, and to understand trauma and
5        trauma-informed care, cultural competence, family
6        engagement with diverse populations, the impact of
7        implicit bias on adult behavior, and the use of
8        reflective practice techniques. Support shall include
9        the availability of resources to contract with infant
10        and early childhood mental health consultants.
11            (G) Beginning on July 1, 2018, early childhood
12        programs shall annually report to the State Board of
13        Education, and, beginning in fiscal year 2020, the
14        State Board of Education shall make available on a
15        biennial basis, in an existing report, all of the
16        following data for children from birth to age 5 who are
17        served by the program:
18                (i) Total number served over the course of the
19            program year and the total number of children who
20            left the program during the program year.
21                (ii) Number of planned transitions to another
22            program due to children's behavior, by children's
23            race, gender, disability, language, class/group
24            size, teacher-child ratio, and length of program
25            day.
26                (iii) Number of temporary removals of a child

 

 

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1            from attendance in group settings due to a serious
2            safety threat under subparagraph (E) of this
3            paragraph (7), by children's race, gender,
4            disability, language, class/group size,
5            teacher-child ratio, and length of program day.
6                (iv) Hours of infant and early childhood
7            mental health consultant contact with program
8            leaders, staff, and families over the program
9            year.
10            (H) Changes to services for children with an
11        individualized education program or individual family
12        service plan shall be construed in a manner consistent
13        with the federal Individuals with Disabilities
14        Education Act.
15        The State Board of Education, in consultation with the
16    Governor's Office of Early Childhood Development and the
17    Department of Children and Family Services, shall adopt
18    rules to administer this paragraph (7).
19    (b) (Blank).
20    (c) Notwithstanding any other provisions of this Section,
21grantees may serve children ages 0 to 12 of essential workers
22if the Governor has declared a disaster due to a public health
23emergency pursuant to Section 7 of the Illinois Emergency
24Management Agency Act. For the purposes of this subsection,
25essential workers include those outlined in Executive Order
2620-8 and school employees. The State Board of Education shall

 

 

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1adopt rules to administer this subsection.
2(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18.)
 
3    (105 ILCS 5/2-3.170)
4    Sec. 2-3.170. Property tax relief pool grants.
5    (a) As used in this Section,
6    "EAV" means equalized assessed valuation as defined under
7Section 18-8.15 of this Code.
8    "Property tax multiplier" equals one minus the square of
9the school district's Local Capacity Percentage, as defined in
10Section 18-8.15 of this Code.
11    "Local capacity percentage multiplier" means one minus the
12school district's Local Capacity Percentage, as defined in
13Section 18-8.15.
14    "State Board" means the State Board of Education.
15    (b) Subject to appropriation, the State Board shall provide
16grants to eligible school districts that provide tax relief to
17the school district's residents, which may be no greater than
181% of EAV for a unit district, 0.69% of EAV for an elementary
19school district, or 0.31% of EAV for a high school district, as
20provided in this Section.
21    (b-5) School districts may apply for property tax relief
22under this Section concurrently to setting their levy for the
23fiscal year. The intended relief may not be greater than 1% of
24the EAV for a unit district, 0.69% of the EAV for an elementary
25school district, or 0.31% of the EAV for a high school

 

 

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1district, multiplied by the school district's local capacity
2percentage multiplier. The State Board shall process
3applications for relief, providing a grant to those districts
4with the highest operating tax rate, as determined by those
5districts with the highest percentage of the simple average
6operating tax rate of districts of the same type, either
7elementary, high school, or unit, first, in an amount equal to
8the intended relief multiplied by the property tax multiplier.
9The State Board shall provide grants to school districts in
10order of priority until the property tax relief pool is
11exhausted. If more school districts apply for relief under this
12subsection than there are funds available, the State Board must
13distribute the grants and prorate any remaining funds to the
14final school district that qualifies for grant relief. The
15abatement amount for that district must be equal to the grant
16amount divided by the property tax multiplier.
17    If a school district receives the State Board's approval of
18a grant under this Section by March 1 of the fiscal year, the
19school district shall present a duly authorized and approved
20abatement resolution by March 30 of the fiscal year to the
21county clerk of each county in which the school files its levy,
22authorizing the county clerk to lower the school district's
23levy by the amount designated in its application to the State
24Board. When the preceding requisites are satisfied, the county
25clerk shall reduce the amount collected for the school district
26by the amount indicated in the school district's abatement

 

 

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1resolution for that fiscal year.
2    (c) (Blank).
3    (d) School districts seeking grants under this Section
4shall apply to the State Board each year. All applications to
5the State Board for grants shall include the amount of the tax
6relief intended by the school district.
7    (e) Each year, based on the most recent available data
8provided by school districts pursuant to Section 18-8.15 of
9this Code, the State Board shall calculate the order of
10priority for grant eligibility under subsection (b-5) and
11publish a list of the school districts eligible for relief. The
12State Board shall provide grants in the manner provided under
13subsection (b-5).
14    (f) The State Board shall publish a final list of eligible
15grant recipients and provide payment of the grants by March 1
16of each year.
17    (g) If notice of eligibility from the State Board is
18received by a school district by March 1, then by March 30, the
19school district shall file an abatement of its property tax
20levy in an amount equal to the grant received under this
21Section divided by the property tax multiplier. Payment of all
22grant amounts shall be made by June 1 each fiscal year. The
23State Superintendent of Education shall establish the timeline
24in such cases in which notice cannot be made by March 1.
25    (h) The total property tax relief allowable to a school
26district under this Section shall be calculated based on the

 

 

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1total amount of reduction in the school district's aggregate
2extension. The total grant shall be equal to the reduction,
3multiplied by the property tax multiplier. The reduction shall
4be equal to 1% of a district's EAV for a unit school district,
50.69% for an elementary school district, or 0.31% for a high
6school district, multiplied by the school district's local
7capacity percentage multiplier.
8    (i) If the State Board does not expend all appropriations
9allocated pursuant to this Section, then any remaining funds
10shall be allocated pursuant to Section 18-8.15 of this Code.
11    (j) The State Board shall prioritize payments under Section
1218-8.15 of this Code over payments under this Section, if
13necessary.
14    (k) Any grants received by a school district shall be
15included in future calculations of that school district's Base
16Funding Minimum under Section 18-8.15 of this Code. Beginning
17with Fiscal Year 2020, if a school district receives a grant
18under this Section, the school district must present to the
19county clerk a duly authorized and approved abatement
20resolution by March 30 for the year in which the school
21district receives the grant and the successive fiscal year
22following the receipt of the grant, authorizing the county
23clerk to lower the school district's levy by the amount
24designated in its original application to the State Board.
25After receiving a resolution, the county clerk must reduce the
26amount collected for the school district by the amount

 

 

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1indicated in the school district's abatement resolution for
2that fiscal year. If a school district does not abate in this
3amount for the successive fiscal year, the grant amount may not
4be included in the school district's Base Funding Minimum under
5Section 18-8.15 in the fiscal year following the tax year in
6which the abatement is not authorized and in any future fiscal
7year thereafter, and the county clerk must notify the State
8Board of the increase no later 30 days after it occurs.
9    (l) In the immediate 2 consecutive tax years year following
10receipt of a Property Tax Pool Relief Grant, the aggregate
11extension base levy of any school district receiving a grant
12under this Section, for purposes of the Property Tax Extension
13Limitation Law, shall include the tax relief the school
14district provided in the previous taxable year under this
15Section.
16(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18;
17100-863, eff. 8-14-18; 101-17, eff. 6-14-19.)
 
18    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
19    Sec. 10-19. Length of school term - experimental programs.
20Each school board shall annually prepare a calendar for the
21school term, specifying the opening and closing dates and
22providing a minimum term of at least 185 days to insure 176
23days of actual pupil attendance, computable under Section
2410-19.05, except that for the 1980-1981 school year only 175
25days of actual pupil attendance shall be required because of

 

 

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1the closing of schools pursuant to Section 24-2 on January 29,
21981 upon the appointment by the President of that day as a day
3of thanksgiving for the freedom of the Americans who had been
4held hostage in Iran. Any days allowed by law for teachers'
5institutes but not used as such or used as parental institutes
6as provided in Section 10-22.18d shall increase the minimum
7term by the school days not so used. Except as provided in
8Section 10-19.1, the board may not extend the school term
9beyond such closing date unless that extension of term is
10necessary to provide the minimum number of computable days. In
11case of such necessary extension school employees shall be paid
12for such additional time on the basis of their regular
13contracts. A school board may specify a closing date earlier
14than that set on the annual calendar when the schools of the
15district have provided the minimum number of computable days
16under this Section. Nothing in this Section prevents the board
17from employing superintendents of schools, principals and
18other nonteaching personnel for a period of 12 months, or in
19the case of superintendents for a period in accordance with
20Section 10-23.8, or prevents the board from employing other
21personnel before or after the regular school term with payment
22of salary proportionate to that received for comparable work
23during the school term. Remote learning days, blended remote
24learning days, and up to 5 remote and blended remote learning
25planning days established under Section 10-30 or 34-18.66 shall
26be deemed pupil attendance days for calculation of the length

 

 

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1of a school term under this Section.
2    A school board may make such changes in its calendar for
3the school term as may be required by any changes in the legal
4school holidays prescribed in Section 24-2. A school board may
5make changes in its calendar for the school term as may be
6necessary to reflect the utilization of teachers' institute
7days as parental institute days as provided in Section
810-22.18d.
9    The calendar for the school term and any changes must be
10submitted to and approved by the regional superintendent of
11schools before the calendar or changes may take effect.
12    With the prior approval of the State Board of Education and
13subject to review by the State Board of Education every 3
14years, any school board may, by resolution of its board and in
15agreement with affected exclusive collective bargaining
16agents, establish experimental educational programs, including
17but not limited to programs for e-learning days as authorized
18under Section 10-20.56 of this Code, self-directed learning, or
19outside of formal class periods, which programs when so
20approved shall be considered to comply with the requirements of
21this Section as respects numbers of days of actual pupil
22attendance and with the other requirements of this Act as
23respects courses of instruction.
24(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
 
25    (105 ILCS 5/10-19.05)

 

 

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1    Sec. 10-19.05. Daily pupil attendance calculation.
2    (a) Except as otherwise provided in this Section, for a
3pupil of legal school age and in kindergarten or any of grades
41 through 12, a day of attendance shall be counted only for
5sessions of not less than 5 clock hours of school work per day
6under direct supervision of (i) teachers or (ii) non-teaching
7personnel or volunteer personnel when engaging in non-teaching
8duties and supervising in those instances specified in
9subsection (a) of Section 10-22.34 and paragraph 10 of Section
1034-18. Days of attendance by pupils through verified
11participation in an e-learning program adopted by a school
12board and verified by the regional office of education or
13intermediate service center for the school district under
14Section 10-20.56 of this Code shall be considered as full days
15of attendance under this Section.
16    (b) A pupil regularly enrolled in a public school for only
17a part of the school day may be counted on the basis of
18one-sixth of a school day for every class hour of instruction
19of 40 minutes or more attended pursuant to such enrollment,
20unless a pupil is enrolled in a block-schedule format of 80
21minutes or more of instruction, in which case the pupil may be
22counted on the basis of the proportion of minutes of school
23work completed each day to the minimum number of minutes that
24school work is required to be held that day.
25    (c) A session of 4 or more clock hours may be counted as a
26day of attendance upon certification by the regional

 

 

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1superintendent of schools and approval by the State
2Superintendent of Education to the extent that the district has
3been forced to use daily multiple sessions.
4    (d) A session of 3 or more clock hours may be counted as a
5day of attendance (1) when the remainder of the school day or
6at least 2 hours in the evening of that day is utilized for an
7in-service training program for teachers, up to a maximum of 10
8days per school year, provided that a district conducts an
9in-service training program for teachers in accordance with
10Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
11full days may be used, in which event each such day may be
12counted as a day required for a legal school calendar pursuant
13to Section 10-19 of this Code; (2) when, of the 5 days allowed
14under item (1), a maximum of 4 days are used for parent-teacher
15conferences, or, in lieu of 4 such days, 2 full days are used,
16in which case each such day may be counted as a calendar day
17required under Section 10-19 of this Code, provided that the
18full-day, parent-teacher conference consists of (i) a minimum
19of 5 clock hours of parent-teacher conferences, (ii) both a
20minimum of 2 clock hours of parent-teacher conferences held in
21the evening following a full day of student attendance and a
22minimum of 3 clock hours of parent-teacher conferences held on
23the day immediately following evening parent-teacher
24conferences, or (iii) multiple parent-teacher conferences held
25in the evenings following full days of student attendance in
26which the time used for the parent-teacher conferences is

 

 

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1equivalent to a minimum of 5 clock hours; and (3) when days in
2addition to those provided in items (1) and (2) are scheduled
3by a school pursuant to its school improvement plan adopted
4under Article 34 or its revised or amended school improvement
5plan adopted under Article 2, provided that (i) such sessions
6of 3 or more clock hours are scheduled to occur at regular
7intervals, (ii) the remainder of the school days in which such
8sessions occur are utilized for in-service training programs or
9other staff development activities for teachers, and (iii) a
10sufficient number of minutes of school work under the direct
11supervision of teachers are added to the school days between
12such regularly scheduled sessions to accumulate not less than
13the number of minutes by which such sessions of 3 or more clock
14hours fall short of 5 clock hours. Days scheduled for
15in-service training programs, staff development activities, or
16parent-teacher conferences may be scheduled separately for
17different grade levels and different attendance centers of the
18district.
19    (e) A session of not less than one clock hour of teaching
20hospitalized or homebound pupils on-site or by telephone to the
21classroom may be counted as a half day of attendance; however,
22these pupils must receive 4 or more clock hours of instruction
23to be counted for a full day of attendance.
24    (f) A session of at least 4 clock hours may be counted as a
25day of attendance for first grade pupils and pupils in full-day
26kindergartens, and a session of 2 or more hours may be counted

 

 

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1as a half day of attendance by pupils in kindergartens that
2provide only half days of attendance.
3    (g) For children with disabilities who are below the age of
46 years and who cannot attend 2 or more clock hours because of
5their disability or immaturity, a session of not less than one
6clock hour may be counted as a half day of attendance; however,
7for such children whose educational needs require a session of
84 or more clock hours, a session of at least 4 clock hours may
9be counted as a full day of attendance.
10    (h) A recognized kindergarten that provides for only a half
11day of attendance by each pupil shall not have more than one
12half day of attendance counted in any one day. However,
13kindergartens may count 2 and a half days of attendance in any
145 consecutive school days. When a pupil attends such a
15kindergarten for 2 half days on any one school day, the pupil
16shall have the following day as a day absent from school,
17unless the school district obtains permission in writing from
18the State Superintendent of Education. Attendance at
19kindergartens that provide for a full day of attendance by each
20pupil shall be counted the same as attendance by first grade
21pupils. Only the first year of attendance in one kindergarten
22shall be counted, except in the case of children who entered
23the kindergarten in their fifth year whose educational
24development requires a second year of kindergarten as
25determined under rules of the State Board of Education.
26    (i) On the days when the State's final accountability

 

 

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1assessment is administered under subsection (c) of Section
22-3.64a-5 of this Code, the day of attendance for a pupil whose
3school day must be shortened to accommodate required testing
4procedures may be less than 5 clock hours and shall be counted
5toward the 176 days of actual pupil attendance required under
6Section 10-19 of this Code, provided that a sufficient number
7of minutes of school work in excess of 5 clock hours are first
8completed on other school days to compensate for the loss of
9school work on the examination days.
10    (j) Pupils enrolled in a remote educational program
11established under Section 10-29 of this Code may be counted on
12the basis of a one-fifth day of attendance for every clock hour
13of instruction attended in the remote educational program,
14provided that, in any month, the school district may not claim
15for a student enrolled in a remote educational program more
16days of attendance than the maximum number of days of
17attendance the district can claim (i) for students enrolled in
18a building holding year-round classes if the student is
19classified as participating in the remote educational program
20on a year-round schedule or (ii) for students enrolled in a
21building not holding year-round classes if the student is not
22classified as participating in the remote educational program
23on a year-round schedule.
24    (j-5) The clock hour requirements of subsections (a)
25through (j) of this Section do not apply if the Governor has
26declared a disaster due to a public health emergency pursuant

 

 

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1to Section 7 of the Illinois Emergency Management Agency Act.
2The State Superintendent of Education may establish minimum
3clock hour requirements under Sections 10-30 and 34-18.66 if
4the Governor has declared a disaster due to a public health
5emergency pursuant to Section 7 of the Illinois Emergency
6Management Agency Act.
7    (k) Pupil participation in any of the following activities
8shall be counted toward the calculation of clock hours of
9school work per day:
10        (1) Instruction in a college course in which a student
11    is dually enrolled for both high school credit and college
12    credit.
13        (2) Participation in a Supervised Career Development
14    Experience, as defined in Section 10 of the Postsecondary
15    and Workforce Readiness Act, in which student
16    participation and learning outcomes are supervised by an
17    educator licensed under Article 21B.
18        (3) Participation in a youth apprenticeship, as
19    jointly defined in rules of the State Board of Education
20    and Department of Commerce and Economic Opportunity, in
21    which student participation and outcomes are supervised by
22    an educator licensed under Article 21B.
23        (4) Participation in a blended learning program
24    approved by the school district in which course content,
25    student evaluation, and instructional methods are
26    supervised by an educator licensed under Article 21B.

 

 

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1(Source: P.A. 101-12, eff. 7-1-19.)
 
2    (105 ILCS 5/10-20.56)
3    Sec. 10-20.56. E-learning days.
4    (a) The State Board of Education shall establish and
5maintain, for implementation in school districts, a program for
6use of electronic-learning (e-learning) days, as described in
7this Section. School districts may utilize a program approved
8under this Section for use during remote learning days and
9blended remote learning days under Section 10-30 or 34-18.66.
10    (b) The school board of a school district may, by
11resolution, adopt a research-based program or research-based
12programs for e-learning days district-wide that shall permit
13student instruction to be received electronically while
14students are not physically present in lieu of the district's
15scheduled emergency days as required by Section 10-19 of this
16Code. The research-based program or programs may not exceed the
17minimum number of emergency days in the approved school
18calendar and must be verified by the regional office of
19education or intermediate service center for the school
20district on or before September 1st annually to ensure access
21for all students. The regional office of education or
22intermediate service center shall ensure that the specific
23needs of all students are met, including special education
24students and English learners, and that all mandates are still
25met using the proposed research-based program. The e-learning

 

 

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1program may utilize the Internet, telephones, texts, chat
2rooms, or other similar means of electronic communication for
3instruction and interaction between teachers and students that
4meet the needs of all learners. The e-learning program shall
5address the school district's responsibility to ensure that all
6teachers and staff who may be involved in the provision of
7e-learning have access to any and all hardware and software
8that may be required for the program. If a proposed program
9does not address this responsibility, the school district must
10propose an alternate program.
11    (c) Before its adoption by a school board, the school board
12must hold a public hearing on a school district's initial
13proposal for an e-learning program or for renewal of such a
14program, at a regular or special meeting of the school board,
15in which the terms of the proposal must be substantially
16presented and an opportunity for allowing public comments must
17be provided. Notice of such public hearing must be provided at
18least 10 days prior to the hearing by:
19        (1) publication in a newspaper of general circulation
20    in the school district;
21        (2) written or electronic notice designed to reach the
22    parents or guardians of all students enrolled in the school
23    district; and
24        (3) written or electronic notice designed to reach any
25    exclusive collective bargaining representatives of school
26    district employees and all those employees not in a

 

 

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1    collective bargaining unit.
2    (d) The regional office of education or intermediate
3service center for the school district must timely verify that
4a proposal for an e-learning program has met the requirements
5specified in this Section and that the proposal contains
6provisions designed to reasonably and practicably accomplish
7the following:
8        (1) to ensure and verify at least 5 clock hours of
9    instruction or school work, as required under Section
10    10-19.05, for each student participating in an e-learning
11    day;
12        (2) to ensure access from home or other appropriate
13    remote facility for all students participating, including
14    computers, the Internet, and other forms of electronic
15    communication that must be utilized in the proposed
16    program;
17        (2.5) to ensure that non-electronic materials are made
18    available to students participating in the program who do
19    not have access to the required technology or to
20    participating teachers or students who are prevented from
21    accessing the required technology;
22        (3) to ensure appropriate learning opportunities for
23    students with special needs;
24        (4) to monitor and verify each student's electronic
25    participation;
26        (5) to address the extent to which student

 

 

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1    participation is within the student's control as to the
2    time, pace, and means of learning;
3        (6) to provide effective notice to students and their
4    parents or guardians of the use of particular days for
5    e-learning;
6        (7) to provide staff and students with adequate
7    training for e-learning days' participation;
8        (8) to ensure an opportunity for any collective
9    bargaining negotiations with representatives of the school
10    district's employees that would be legally required,
11    including all classifications of school district employees
12    who are represented by collective bargaining agreements
13    and who would be affected in the event of an e-learning
14    day;
15        (9) to review and revise the program as implemented to
16    address difficulties confronted; and
17        (10) to ensure that the protocol regarding general
18    expectations and responsibilities of the program is
19    communicated to teachers, staff, and students at least 30
20    days prior to utilizing an e-learning day.
21    The school board's approval of a school district's initial
22e-learning program and renewal of the e-learning program shall
23be for a term of 3 years.
24    (e) The State Board of Education may adopt rules consistent
25with the provision of this Section.
26(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19.)
 

 

 

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1    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
2    Sec. 10-21.9. Criminal history records checks and checks of
3the Statewide Sex Offender Database and Statewide Murderer and
4Violent Offender Against Youth Database.
5    (a) Licensed and nonlicensed applicants for employment
6with a school district, except school bus driver applicants,
7are required as a condition of employment to authorize a
8fingerprint-based criminal history records check to determine
9if such applicants have been convicted of any disqualifying,
10enumerated criminal or drug offenses in subsection (c) of this
11Section or have been convicted, within 7 years of the
12application for employment with the school district, of any
13other felony under the laws of this State or of any offense
14committed or attempted in any other state or against the laws
15of the United States that, if committed or attempted in this
16State, would have been punishable as a felony under the laws of
17this State. Authorization for the check shall be furnished by
18the applicant to the school district, except that if the
19applicant is a substitute teacher seeking employment in more
20than one school district, a teacher seeking concurrent
21part-time employment positions with more than one school
22district (as a reading specialist, special education teacher or
23otherwise), or an educational support personnel employee
24seeking employment positions with more than one district, any
25such district may require the applicant to furnish

 

 

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1authorization for the check to the regional superintendent of
2the educational service region in which are located the school
3districts in which the applicant is seeking employment as a
4substitute or concurrent part-time teacher or concurrent
5educational support personnel employee. Upon receipt of this
6authorization, the school district or the appropriate regional
7superintendent, as the case may be, shall submit the
8applicant's name, sex, race, date of birth, social security
9number, fingerprint images, and other identifiers, as
10prescribed by the Department of State Police, to the
11Department. The regional superintendent submitting the
12requisite information to the Department of State Police shall
13promptly notify the school districts in which the applicant is
14seeking employment as a substitute or concurrent part-time
15teacher or concurrent educational support personnel employee
16that the check of the applicant has been requested. The
17Department of State Police and the Federal Bureau of
18Investigation shall furnish, pursuant to a fingerprint-based
19criminal history records check, records of convictions,
20forever and hereinafter, until expunged, to the president of
21the school board for the school district that requested the
22check, or to the regional superintendent who requested the
23check. The Department shall charge the school district or the
24appropriate regional superintendent a fee for conducting such
25check, which fee shall be deposited in the State Police
26Services Fund and shall not exceed the cost of the inquiry; and

 

 

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1the applicant shall not be charged a fee for such check by the
2school district or by the regional superintendent, except that
3those applicants seeking employment as a substitute teacher
4with a school district may be charged a fee not to exceed the
5cost of the inquiry. Subject to appropriations for these
6purposes, the State Superintendent of Education shall
7reimburse school districts and regional superintendents for
8fees paid to obtain criminal history records checks under this
9Section.
10    (a-5) The school district or regional superintendent shall
11further perform a check of the Statewide Sex Offender Database,
12as authorized by the Sex Offender Community Notification Law,
13for each applicant. The check of the Statewide Sex Offender
14Database must be conducted by the school district or regional
15superintendent once for every 5 years that an applicant remains
16employed by the school district.
17    (a-6) The school district or regional superintendent shall
18further perform a check of the Statewide Murderer and Violent
19Offender Against Youth Database, as authorized by the Murderer
20and Violent Offender Against Youth Community Notification Law,
21for each applicant. The check of the Murderer and Violent
22Offender Against Youth Database must be conducted by the school
23district or regional superintendent once for every 5 years that
24an applicant remains employed by the school district.
25    (b) Any information concerning the record of convictions
26obtained by the president of the school board or the regional

 

 

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1superintendent shall be confidential and may only be
2transmitted to the superintendent of the school district or his
3designee, the appropriate regional superintendent if the check
4was requested by the school district, the presidents of the
5appropriate school boards if the check was requested from the
6Department of State Police by the regional superintendent, the
7State Board of Education and a school district as authorized
8under subsection (b-5), the State Superintendent of Education,
9the State Educator Preparation and Licensure Board, any other
10person necessary to the decision of hiring the applicant for
11employment, or for clarification purposes the Department of
12State Police or Statewide Sex Offender Database, or both. A
13copy of the record of convictions obtained from the Department
14of State Police shall be provided to the applicant for
15employment. Upon the check of the Statewide Sex Offender
16Database or Statewide Murderer and Violent Offender Against
17Youth Database, the school district or regional superintendent
18shall notify an applicant as to whether or not the applicant
19has been identified in the Database. If a check of an applicant
20for employment as a substitute or concurrent part-time teacher
21or concurrent educational support personnel employee in more
22than one school district was requested by the regional
23superintendent, and the Department of State Police upon a check
24ascertains that the applicant has not been convicted of any of
25the enumerated criminal or drug offenses in subsection (c) of
26this Section or has not been convicted, within 7 years of the

 

 

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1application for employment with the school district, of any
2other felony under the laws of this State or of any offense
3committed or attempted in any other state or against the laws
4of the United States that, if committed or attempted in this
5State, would have been punishable as a felony under the laws of
6this State and so notifies the regional superintendent and if
7the regional superintendent upon a check ascertains that the
8applicant has not been identified in the Sex Offender Database
9or Statewide Murderer and Violent Offender Against Youth
10Database, then the regional superintendent shall issue to the
11applicant a certificate evidencing that as of the date
12specified by the Department of State Police the applicant has
13not been convicted of any of the enumerated criminal or drug
14offenses in subsection (c) of this Section or has not been
15convicted, within 7 years of the application for employment
16with the school district, of any other felony under the laws of
17this State or of any offense committed or attempted in any
18other state or against the laws of the United States that, if
19committed or attempted in this State, would have been
20punishable as a felony under the laws of this State and
21evidencing that as of the date that the regional superintendent
22conducted a check of the Statewide Sex Offender Database or
23Statewide Murderer and Violent Offender Against Youth
24Database, the applicant has not been identified in the
25Database. The school board of any school district may rely on
26the certificate issued by any regional superintendent to that

 

 

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1substitute teacher, concurrent part-time teacher, or
2concurrent educational support personnel employee or may
3initiate its own criminal history records check of the
4applicant through the Department of State Police and its own
5check of the Statewide Sex Offender Database or Statewide
6Murderer and Violent Offender Against Youth Database as
7provided in this Section. Any unauthorized release of
8confidential information may be a violation of Section 7 of the
9Criminal Identification Act.
10    (b-5) If a criminal history records check or check of the
11Statewide Sex Offender Database or Statewide Murderer and
12Violent Offender Against Youth Database is performed by a
13regional superintendent for an applicant seeking employment as
14a substitute teacher with a school district, the regional
15superintendent may disclose to the State Board of Education
16whether the applicant has been issued a certificate under
17subsection (b) based on those checks. If the State Board
18receives information on an applicant under this subsection,
19then it must indicate in the Educator Licensure Information
20System for a 90-day period that the applicant has been issued
21or has not been issued a certificate.
22    (c) No school board shall knowingly employ a person who has
23been convicted of any offense that would subject him or her to
24license suspension or revocation pursuant to Section 21B-80 of
25this Code, except as provided under subsection (b) of Section
2621B-80. Further, no school board shall knowingly employ a

 

 

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1person who has been found to be the perpetrator of sexual or
2physical abuse of any minor under 18 years of age pursuant to
3proceedings under Article II of the Juvenile Court Act of 1987.
4As a condition of employment, each school board must consider
5the status of a person who has been issued an indicated finding
6of abuse or neglect of a child by the Department of Children
7and Family Services under the Abused and Neglected Child
8Reporting Act or by a child welfare agency of another
9jurisdiction.
10    (d) No school board shall knowingly employ a person for
11whom a criminal history records check and a Statewide Sex
12Offender Database check have has not been initiated.
13    (e) Within 10 days after a superintendent, regional office
14of education, or entity that provides background checks of
15license holders to public schools receives information of a
16pending criminal charge against a license holder for an offense
17set forth in Section 21B-80 of this Code, the superintendent,
18regional office of education, or entity must notify the State
19Superintendent of Education of the pending criminal charge.
20    If permissible by federal or State law, no later than 15
21business days after receipt of a record of conviction or of
22checking the Statewide Murderer and Violent Offender Against
23Youth Database or the Statewide Sex Offender Database and
24finding a registration, the superintendent of the employing
25school board or the applicable regional superintendent shall,
26in writing, notify the State Superintendent of Education of any

 

 

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1license holder who has been convicted of a crime set forth in
2Section 21B-80 of this Code. Upon receipt of the record of a
3conviction of or a finding of child abuse by a holder of any
4license issued pursuant to Article 21B or Section 34-8.1 or
534-83 of the School Code, the State Superintendent of Education
6may initiate licensure suspension and revocation proceedings
7as authorized by law. If the receipt of the record of
8conviction or finding of child abuse is received within 6
9months after the initial grant of or renewal of a license, the
10State Superintendent of Education may rescind the license
11holder's license.
12    (e-5) The superintendent of the employing school board
13shall, in writing, notify the State Superintendent of Education
14and the applicable regional superintendent of schools of any
15license holder whom he or she has reasonable cause to believe
16has committed an intentional act of abuse or neglect with the
17result of making a child an abused child or a neglected child,
18as defined in Section 3 of the Abused and Neglected Child
19Reporting Act, and that act resulted in the license holder's
20dismissal or resignation from the school district. This
21notification must be submitted within 30 days after the
22dismissal or resignation. The license holder must also be
23contemporaneously sent a copy of the notice by the
24superintendent. All correspondence, documentation, and other
25information so received by the regional superintendent of
26schools, the State Superintendent of Education, the State Board

 

 

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1of Education, or the State Educator Preparation and Licensure
2Board under this subsection (e-5) is confidential and must not
3be disclosed to third parties, except (i) as necessary for the
4State Superintendent of Education or his or her designee to
5investigate and prosecute pursuant to Article 21B of this Code,
6(ii) pursuant to a court order, (iii) for disclosure to the
7license holder or his or her representative, or (iv) as
8otherwise provided in this Article and provided that any such
9information admitted into evidence in a hearing is exempt from
10this confidentiality and non-disclosure requirement. Except
11for an act of willful or wanton misconduct, any superintendent
12who provides notification as required in this subsection (e-5)
13shall have immunity from any liability, whether civil or
14criminal or that otherwise might result by reason of such
15action.
16    (f) After January 1, 1990 the provisions of this Section
17shall apply to all employees of persons or firms holding
18contracts with any school district including, but not limited
19to, food service workers, school bus drivers and other
20transportation employees, who have direct, daily contact with
21the pupils of any school in such district. For purposes of
22criminal history records checks and checks of the Statewide Sex
23Offender Database on employees of persons or firms holding
24contracts with more than one school district and assigned to
25more than one school district, the regional superintendent of
26the educational service region in which the contracting school

 

 

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1districts are located may, at the request of any such school
2district, be responsible for receiving the authorization for a
3criminal history records check prepared by each such employee
4and submitting the same to the Department of State Police and
5for conducting a check of the Statewide Sex Offender Database
6for each employee. Any information concerning the record of
7conviction and identification as a sex offender of any such
8employee obtained by the regional superintendent shall be
9promptly reported to the president of the appropriate school
10board or school boards.
11    (f-5) Upon request of a school or school district, any
12information obtained by a school district pursuant to
13subsection (f) of this Section within the last year must be
14made available to the requesting school or school district.
15    (g) Prior to the commencement of any student teaching
16experience or required internship (which is referred to as
17student teaching in this Section) in the public schools, a
18student teacher is required to authorize a fingerprint-based
19criminal history records check. Authorization for and payment
20of the costs of the check must be furnished by the student
21teacher to the school district where the student teaching is to
22be completed. Upon receipt of this authorization and payment,
23the school district shall submit the student teacher's name,
24sex, race, date of birth, social security number, fingerprint
25images, and other identifiers, as prescribed by the Department
26of State Police, to the Department of State Police. The

 

 

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1Department of State Police and the Federal Bureau of
2Investigation shall furnish, pursuant to a fingerprint-based
3criminal history records check, records of convictions,
4forever and hereinafter, until expunged, to the president of
5the school board for the school district that requested the
6check. The Department shall charge the school district a fee
7for conducting the check, which fee must not exceed the cost of
8the inquiry and must be deposited into the State Police
9Services Fund. The school district shall further perform a
10check of the Statewide Sex Offender Database, as authorized by
11the Sex Offender Community Notification Law, and of the
12Statewide Murderer and Violent Offender Against Youth
13Database, as authorized by the Murderer and Violent Offender
14Against Youth Registration Act, for each student teacher. No
15school board may knowingly allow a person to student teach for
16whom a criminal history records check, a Statewide Sex Offender
17Database check, and a Statewide Murderer and Violent Offender
18Against Youth Database check have not been completed and
19reviewed by the district.
20    A copy of the record of convictions obtained from the
21Department of State Police must be provided to the student
22teacher. Any information concerning the record of convictions
23obtained by the president of the school board is confidential
24and may only be transmitted to the superintendent of the school
25district or his or her designee, the State Superintendent of
26Education, the State Educator Preparation and Licensure Board,

 

 

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1or, for clarification purposes, the Department of State Police
2or the Statewide Sex Offender Database or Statewide Murderer
3and Violent Offender Against Youth Database. Any unauthorized
4release of confidential information may be a violation of
5Section 7 of the Criminal Identification Act.
6    No school board shall knowingly allow a person to student
7teach who has been convicted of any offense that would subject
8him or her to license suspension or revocation pursuant to
9subsection (c) of Section 21B-80 of this Code, except as
10provided under subsection (b) of Section 21B-80. Further, no
11school board shall allow a person to student teach if he or she
12has been found to be the perpetrator of sexual or physical
13abuse of a minor under 18 years of age pursuant to proceedings
14under Article II of the Juvenile Court Act of 1987. Each school
15board must consider the status of a person to student teach who
16has been issued an indicated finding of abuse or neglect of a
17child by the Department of Children and Family Services under
18the Abused and Neglected Child Reporting Act or by a child
19welfare agency of another jurisdiction.
20    (h) (Blank).
21(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
22revised 12-3-19.)
 
23    (105 ILCS 5/10-30 new)
24    Sec. 10-30. Remote and blended remote learning. This
25Section applies if the Governor has declared a disaster due to

 

 

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1a public health emergency pursuant to Section 7 of the Illinois
2Emergency Management Agency Act.
3        (1) If the Governor has declared a disaster due to a
4    public health emergency pursuant to Section 7 of the
5    Illinois Emergency Management Agency Act, the State
6    Superintendent of Education may declare a requirement to
7    use remote learning days or blended remote learning days
8    for a school district, multiple school districts, a region,
9    or the entire State. During remote learning days, schools
10    shall conduct instruction remotely. During blended remote
11    learning days, schools may utilize hybrid models of
12    in-person and remote instruction. Once declared, remote
13    learning days or blended remote learning days shall be
14    implemented in grades pre-kindergarten through 12 as days
15    of attendance and shall be deemed pupil attendance days for
16    calculation of the length of a school term under Section
17    10-19.
18        (2) For purposes of this Section, a remote learning day
19    or blended remote learning day may be met through a
20    district's implementation of an e-learning program under
21    Section 10-20.56.
22        (3) For any district that does not implement an
23    e-learning program under Section 10-20.56, the district
24    shall adopt a remote and blended remote learning day plan
25    approved by the district superintendent. Each district may
26    utilize remote and blended remote learning planning days,

 

 

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1    consecutively or in separate increments, to develop,
2    review, or amend its remote and blended remote learning day
3    plan or provide professional development to staff
4    regarding remote education. Up to 5 remote and blended
5    remote learning planning days may be deemed pupil
6    attendance days for calculation of the length of a school
7    term under Section 10-19.
8        (4) Each remote and blended remote learning day plan
9    shall address the following:
10            (i) accessibility of the remote instruction to all
11        students enrolled in the district;
12            (ii) if applicable, a requirement that the remote
13        learning day and blended remote learning day
14        activities reflect State learning standards;
15            (iii) a means for students to confer with an
16        educator, as necessary;
17            (iv) the unique needs of students in special
18        populations, including, but not limited to, students
19        eligible for special education under Article 14,
20        students who are English learners as defined in Section
21        14C-2, and students experiencing homelessness under
22        the Education for Homeless Children Act, or vulnerable
23        student populations;
24            (v) how the district will take attendance and
25        monitor and verify each student's remote
26        participation; and

 

 

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1            (vi) transitions from remote learning to on-site
2        learning upon the State Superintendent's declaration
3        that remote learning days or blended remote learning
4        days are no longer deemed necessary.
5        (5) The district superintendent shall periodically
6    review and amend the district's remote and blended remote
7    learning day plan, as needed, to ensure the plan meets the
8    needs of all students.
9        (6) Each remote and blended remote learning day plan
10    shall be posted on the district's Internet website where
11    other policies, rules, and standards of conduct are posted
12    and shall be provided to students and faculty.
13        (7) This Section does not create any additional
14    employee bargaining rights and does not remove any employee
15    bargaining rights.
16        (8) Statutory and regulatory curricular mandates and
17    offerings may be administered via a district's remote and
18    blended remote learning day plan, except that a district
19    may not offer individual behind-the-wheel instruction
20    required by Section 27-24.2 via a district's remote and
21    blended remote learning day plan. This Section does not
22    relieve schools and districts from completing all
23    statutory and regulatory curricular mandates and
24    offerings.
 
25    (105 ILCS 5/14-8.02f)

 

 

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1    Sec. 14-8.02f. Individualized education program meeting
2protections.
3    (a) (Blank).
4    (b) This subsection (b) applies only to a school district
5organized under Article 34. No later than 10 calendar days
6prior to a child's individualized education program meeting or
7as soon as possible if a meeting is scheduled within 10
8calendar days with written parental consent, the school board
9or school personnel must provide the child's parent or guardian
10with a written notification of the services that require a
11specific data collection procedure from the school district for
12services related to the child's individualized education
13program. The notification must indicate, with a checkbox,
14whether specific data has been collected for the child's
15individualized education program services. For purposes of
16this subsection (b), individualized education program services
17must include, but are not limited to, paraprofessional support,
18an extended school year, transportation, therapeutic day
19school, and services for specific learning disabilities.
20    (c) Beginning on July 1, 2020, no later than 3 school days
21prior to a child's individualized education program
22eligibility meeting or meeting to determine a child's
23eligibility for special education and related services or to
24review a child's individualized education program, or as soon
25as possible if an individualized education program meeting is
26scheduled within 3 school days with the written consent of the

 

 

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1child's parent or guardian, the local education agency must
2provide the child's parent or guardian with copies of all
3written material that will be considered by the individualized
4education program team at the meeting so that the parent or
5guardian may participate in the meeting as a fully-informed
6team member. The parent or guardian shall have the option of
7choosing from the available methods of delivery, which must
8include regular mail and picking up the materials at school.
9For a meeting to determine the child's eligibility for special
10education, the The written material must include, but is not
11limited to, all evaluations and collected data that will be
12considered at the meeting. For and, for a child who is already
13eligible for special education and related services has an
14individualized education program, the written material must
15include a copy of all individualized education program
16components that will be discussed by the individualized
17education program team, other than the components related to
18the educational and related service minutes proposed for the
19child and the child's educational placement. Parents shall also
20be informed of their right to review and copy their child's
21school student records prior to any special education
22eligibility or individualized education program review
23meeting, subject to the requirements of applicable federal and
24State law.
25    (d) Local education agencies must make related service logs
26that record the delivery type of related services administered

 

 

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1under the child's individualized education program and the
2minutes of each type of related service that has been
3administered available to the child's parent or guardian at the
4annual review of the child's individualized education program
5and must also provide a copy of the related service logs at any
6time upon request of the child's parent or guardian. For
7purposes of this subsection (d), related services for which a
8log must be made are: speech and language services,
9occupational therapy services, physical therapy services,
10school social work services, school counseling services,
11school psychology services, and school nursing services. The
12local education agency must inform the child's parent or
13guardian within 20 school days from the beginning of the school
14year or upon establishment of an individualized education
15program of his or her ability to request those related service
16logs.
17    (d-5) If, at a meeting to develop or revise a child's
18individualized education program, the individualized education
19program team determines that a certain service is services are
20required in order for the child to receive a free, appropriate
21public education and that service is those services are not
22implemented administered within 10 school days after the
23service was to be initiated as a date or frequency set forth by
24the child's individualized education program, then the local
25education agency shall provide the child's parent or guardian
26with written notification that the service has those services

 

 

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1have not yet been implemented administered to the child. The
2notification must be provided to the child's parent or guardian
3within 3 school days of the local education agency's
4non-compliance with the child's individualized education
5program and must inform include information on the parent or
6guardian about the school district's procedures for requesting
7parent's or guardian's ability to request compensatory
8services. In this subsection (d-5) (d), "school days" does not
9include days where a child is absent from school for reasons
10unrelated to a lack of individualized education program
11services or when the service is available, but the child is
12unavailable.
13    (e) The State Board of Education may create a telephone
14hotline to address complaints regarding the special education
15services or lack of special education services of a school
16district subject to this Section. If a hotline is created, it
17must be available to all students enrolled in the school
18district, parents or guardians of those students, and school
19personnel. If a hotline is created, any complaints received
20through the hotline must be registered and recorded with the
21State Board's monitor of special education policies. No
22student, parent or guardian, or member of school personnel may
23be retaliated against for submitting a complaint through a
24telephone hotline created by the State Board under this
25subsection (e).
26    (f) A school district subject to this Section may not use

 

 

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1any measure that would prevent or delay an individualized
2education program team from adding a service to the program or
3create a time restriction in which a service is prohibited from
4being added to the program. The school district may not build
5functions into its computer software that would remove any
6services from a student's individualized education program
7without the approval of the program team and may not prohibit
8the program team from adding a service to the program.
9(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19;
10101-598, eff. 12-6-19.)
 
11    (105 ILCS 5/14-8.02h)
12    Sec. 14-8.02h. Response to scientific, research-based
13intervention.
14    (a) In this Section, "response to scientific,
15research-based intervention" or "multi-tiered system systems
16of support" means a tiered process of appropriate instruction
17and support school support that utilizes differentiated
18instructional strategies for students, provides students with
19an evidence-based curriculum and scientific, research-based
20interventions aligned with State standards, continuously
21monitors student performance using scientific scientifically,
22research-based progress monitoring instruments, and makes
23data-driven educational decisions based on a student's
24response to the interventions. Response to scientific,
25research-based intervention or a multi-tiered system systems

 

 

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1of support uses use a problem-solving method to define the
2problem, analyzes analyze the problem using data to determine
3why there is a discrepancy between what is expected and what is
4occurring, establishes establish one or more student
5performance goals, develops develop an intervention plan to
6address the performance goals, and delineates delineate how the
7student's progress will be monitored and how implementation
8integrity will be ensured.
9    (b) (Blank). A school district may utilize response to
10scientific, research-based intervention or multi-tiered
11systems of support as part of an evaluation procedure to
12determine if a child is eligible for special education services
13due to a specific learning disability. A school district may
14utilize the data generated during the response to scientific,
15research-based intervention or multi-tiered systems of support
16process in an evaluation to determine if a child is eligible
17for special education services due to any category of
18disability.
19    (c) The response to scientific, research-based
20intervention or a multi-tiered system systems of support
21process should use must involve a collaborative team approach
22and include the engagement of and regular communication with
23the child's parent or guardian , with the parent or guardian of
24a student being part of the collaborative team. The parent or
25guardian of a child shall be provided with written notice of
26the school district's use of scientific, research-based

 

 

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1intervention or a multi-tiered system of support for the child
2and may be part of the collaborative team approach at the
3discretion of the school district student must be involved in
4the data sharing and decision-making processes of support under
5this Section. The parent or guardian shall be provided all data
6collected and reviewed by the school district with regard to
7the child in the scientific, research-based intervention or
8multi-tiered system of support process. The State Board of
9Education may provide guidance to a school districts district
10and identify available resources related to facilitating
11parent parental or guardian engagement participation in the
12response to scientific, research-based intervention or a
13multi-tiered system systems of support process.
14    (d) Nothing in this Section affects the responsibility of a
15school district to identify, locate, and evaluate children with
16disabilities who are in need of special education services in
17accordance with the federal Individuals with Disabilities
18Education Improvement Act of 2004, this Code, or any applicable
19federal or State rules.
20(Source: P.A. 101-515, eff. 8-23-19; 101-598, eff. 12-6-19.)
 
21    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
22    Sec. 17-2.11. School board power to levy a tax or to borrow
23money and issue bonds for fire prevention, safety, energy
24conservation, accessibility, school security, and specified
25repair purposes.

 

 

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1    (a) Whenever, as a result of any lawful order of any
2agency, other than a school board, having authority to enforce
3any school building code applicable to any facility that houses
4students, or any law or regulation for the protection and
5safety of the environment, pursuant to the Environmental
6Protection Act, any school district having a population of less
7than 500,000 inhabitants is required to alter or reconstruct
8any school building or permanent, fixed equipment; the district
9may, by proper resolution, levy a tax for the purpose of making
10such alteration or reconstruction, based on a survey report by
11an architect or engineer licensed in this State, upon all of
12the taxable property of the district at the value as assessed
13by the Department of Revenue and at a rate not to exceed 0.05%
14per year for a period sufficient to finance such alteration or
15reconstruction, upon the following conditions:
16        (1) When there are not sufficient funds available in
17    the operations and maintenance fund of the school district,
18    the school facility occupation tax fund of the district, or
19    the fire prevention and safety fund of the district, as
20    determined by the district on the basis of rules adopted by
21    the State Board of Education, to make such alteration or
22    reconstruction or to purchase and install such permanent,
23    fixed equipment so ordered or determined as necessary.
24    Appropriate school district records must be made available
25    to the State Superintendent of Education, upon request, to
26    confirm this insufficiency.

 

 

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1        (2) When a certified estimate of an architect or
2    engineer licensed in this State stating the estimated
3    amount necessary to make the alteration or reconstruction
4    or to purchase and install the equipment so ordered has
5    been secured by the school district, and the estimate has
6    been approved by the regional superintendent of schools
7    having jurisdiction over the district and the State
8    Superintendent of Education. Approval must not be granted
9    for any work that has already started without the prior
10    express authorization of the State Superintendent of
11    Education. If the estimate is not approved or is denied
12    approval by the regional superintendent of schools within 3
13    months after the date on which it is submitted to him or
14    her, the school board of the district may submit the
15    estimate directly to the State Superintendent of Education
16    for approval or denial.
17    In the case of an emergency situation, where the estimated
18cost to effectuate emergency repairs is less than the amount
19specified in Section 10-20.21 of this Code, the school district
20may proceed with such repairs prior to approval by the State
21Superintendent of Education, but shall comply with the
22provisions of subdivision (2) of this subsection (a) as soon
23thereafter as may be as well as Section 10-20.21 of this Code.
24If the estimated cost to effectuate emergency repairs is
25greater than the amount specified in Section 10-20.21 of this
26Code, then the school district shall proceed in conformity with

 

 

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1Section 10-20.21 of this Code and with rules established by the
2State Board of Education to address such situations. The rules
3adopted by the State Board of Education to deal with these
4situations shall stipulate that emergency situations must be
5expedited and given priority consideration. For purposes of
6this paragraph, an emergency is a situation that presents an
7imminent and continuing threat to the health and safety of
8students or other occupants of a facility, requires complete or
9partial evacuation of a building or part of a building, or
10consumes one or more of the 5 emergency days built into the
11adopted calendar of the school or schools or would otherwise be
12expected to cause such school or schools to fall short of the
13minimum school calendar requirements.
14    (b) Whenever any such district determines that it is
15necessary for energy conservation purposes that any school
16building or permanent, fixed equipment should be altered or
17reconstructed and that such alterations or reconstruction will
18be made with funds not necessary for the completion of approved
19and recommended projects contained in any safety survey report
20or amendments thereto authorized by Section 2-3.12 of this Act;
21the district may levy a tax or issue bonds as provided in
22subsection (a) of this Section.
23    (c) Whenever any such district determines that it is
24necessary for accessibility purposes and to comply with the
25school building code that any school building or equipment
26should be altered or reconstructed and that such alterations or

 

 

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1reconstruction will be made with funds not necessary for the
2completion of approved and recommended projects contained in
3any safety survey report or amendments thereto authorized under
4Section 2-3.12 of this Act, the district may levy a tax or
5issue bonds as provided in subsection (a) of this Section.
6    (d) Whenever any such district determines that it is
7necessary for school security purposes and the related
8protection and safety of pupils and school personnel that any
9school building or property should be altered or reconstructed
10or that security systems and equipment (including but not
11limited to intercom, early detection and warning, access
12control and television monitoring systems) should be purchased
13and installed, and that such alterations, reconstruction or
14purchase and installation of equipment will be made with funds
15not necessary for the completion of approved and recommended
16projects contained in any safety survey report or amendment
17thereto authorized by Section 2-3.12 of this Act and will deter
18and prevent unauthorized entry or activities upon school
19property by unknown or dangerous persons, assure early
20detection and advance warning of any such actual or attempted
21unauthorized entry or activities and help assure the continued
22safety of pupils and school staff if any such unauthorized
23entry or activity is attempted or occurs; the district may levy
24a tax or issue bonds as provided in subsection (a) of this
25Section.
26    If such a school district determines that it is necessary

 

 

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1for school security purposes and the related protection and
2safety of pupils and school staff to hire a school resource
3officer or that personnel costs for school counselors, mental
4health experts, or school resource officers are necessary and
5the district determines that it does not need funds for any of
6the other purposes set forth in this Section, then the district
7may levy a tax or issue bonds as provided in subsection (a).
8    (e) If a school district does not need funds for other fire
9prevention and safety projects, including the completion of
10approved and recommended projects contained in any safety
11survey report or amendments thereto authorized by Section
122-3.12 of this Act, and it is determined after a public hearing
13(which is preceded by at least one published notice (i)
14occurring at least 7 days prior to the hearing in a newspaper
15of general circulation within the school district and (ii)
16setting forth the time, date, place, and general subject matter
17of the hearing) that there is a substantial, immediate, and
18otherwise unavoidable threat to the health, safety, or welfare
19of pupils due to disrepair of school sidewalks, playgrounds,
20parking lots, or school bus turnarounds and repairs must be
21made; then the district may levy a tax or issue bonds as
22provided in subsection (a) of this Section.
23    (f) For purposes of this Section a school district may
24replace a school building or build additions to replace
25portions of a building when it is determined that the
26effectuation of the recommendations for the existing building

 

 

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1will cost more than the replacement costs. Such determination
2shall be based on a comparison of estimated costs made by an
3architect or engineer licensed in the State of Illinois. The
4new building or addition shall be equivalent in area (square
5feet) and comparable in purpose and grades served and may be on
6the same site or another site. Such replacement may only be
7done upon order of the regional superintendent of schools and
8the approval of the State Superintendent of Education.
9    (g) The filing of a certified copy of the resolution
10levying the tax when accompanied by the certificates of the
11regional superintendent of schools and State Superintendent of
12Education shall be the authority of the county clerk to extend
13such tax.
14    (h) The county clerk of the county in which any school
15district levying a tax under the authority of this Section is
16located, in reducing raised levies, shall not consider any such
17tax as a part of the general levy for school purposes and shall
18not include the same in the limitation of any other tax rate
19which may be extended.
20    Such tax shall be levied and collected in like manner as
21all other taxes of school districts, subject to the provisions
22contained in this Section.
23    (i) The tax rate limit specified in this Section may be
24increased to .10% upon the approval of a proposition to effect
25such increase by a majority of the electors voting on that
26proposition at a regular scheduled election. Such proposition

 

 

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1may be initiated by resolution of the school board and shall be
2certified by the secretary to the proper election authorities
3for submission in accordance with the general election law.
4    (j) When taxes are levied by any school district for fire
5prevention, safety, energy conservation, and school security
6purposes as specified in this Section, and the purposes for
7which the taxes have been levied are accomplished and paid in
8full, and there remain funds on hand in the Fire Prevention and
9Safety Fund from the proceeds of the taxes levied, including
10interest earnings thereon, the school board by resolution shall
11use such excess and other board restricted funds, excluding
12bond proceeds and earnings from such proceeds, as follows:
13        (1) for other authorized fire prevention, safety,
14    energy conservation, required safety inspections, school
15    security purposes, sampling for lead in drinking water in
16    schools, and for repair and mitigation due to lead levels
17    in the drinking water supply; or
18        (2) for transfer to the Operations and Maintenance Fund
19    for the purpose of abating an equal amount of operations
20    and maintenance purposes taxes.
21Notwithstanding subdivision (2) of this subsection (j) and
22subsection (k) of this Section, through June 30, 2021 2020, the
23school board may, by proper resolution following a public
24hearing set by the school board or the president of the school
25board (that is preceded (i) by at least one published notice
26over the name of the clerk or secretary of the board, occurring

 

 

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1at least 7 days and not more than 30 days prior to the hearing,
2in a newspaper of general circulation within the school
3district and (ii) by posted notice over the name of the clerk
4or secretary of the board, at least 48 hours before the
5hearing, at the principal office of the school board or at the
6building where the hearing is to be held if a principal office
7does not exist, with both notices setting forth the time, date,
8place, and subject matter of the hearing), transfer surplus
9life safety taxes and interest earnings thereon to the
10Operations and Maintenance Fund for building repair work.
11    (k) If any transfer is made to the Operation and
12Maintenance Fund, the secretary of the school board shall
13within 30 days notify the county clerk of the amount of that
14transfer and direct the clerk to abate the taxes to be extended
15for the purposes of operations and maintenance authorized under
16Section 17-2 of this Act by an amount equal to such transfer.
17    (l) If the proceeds from the tax levy authorized by this
18Section are insufficient to complete the work approved under
19this Section, the school board is authorized to sell bonds
20without referendum under the provisions of this Section in an
21amount that, when added to the proceeds of the tax levy
22authorized by this Section, will allow completion of the
23approved work.
24    (m) Any bonds issued pursuant to this Section shall bear
25interest at a rate not to exceed the maximum rate authorized by
26law at the time of the making of the contract, shall mature

 

 

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1within 20 years from date, and shall be signed by the president
2of the school board and the treasurer of the school district.
3    (n) In order to authorize and issue such bonds, the school
4board shall adopt a resolution fixing the amount of bonds, the
5date thereof, the maturities thereof, rates of interest
6thereof, place of payment and denomination, which shall be in
7denominations of not less than $100 and not more than $5,000,
8and provide for the levy and collection of a direct annual tax
9upon all the taxable property in the school district sufficient
10to pay the principal and interest on such bonds to maturity.
11Upon the filing in the office of the county clerk of the county
12in which the school district is located of a certified copy of
13the resolution, it is the duty of the county clerk to extend
14the tax therefor in addition to and in excess of all other
15taxes heretofore or hereafter authorized to be levied by such
16school district.
17    (o) After the time such bonds are issued as provided for by
18this Section, if additional alterations or reconstructions are
19required to be made because of surveys conducted by an
20architect or engineer licensed in the State of Illinois, the
21district may levy a tax at a rate not to exceed .05% per year
22upon all the taxable property of the district or issue
23additional bonds, whichever action shall be the most feasible.
24    (p) This Section is cumulative and constitutes complete
25authority for the issuance of bonds as provided in this Section
26notwithstanding any other statute or law to the contrary.

 

 

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1    (q) With respect to instruments for the payment of money
2issued under this Section either before, on, or after the
3effective date of Public Act 86-004 (June 6, 1989), it is, and
4always has been, the intention of the General Assembly (i) that
5the Omnibus Bond Acts are, and always have been, supplementary
6grants of power to issue instruments in accordance with the
7Omnibus Bond Acts, regardless of any provision of this Act that
8may appear to be or to have been more restrictive than those
9Acts, (ii) that the provisions of this Section are not a
10limitation on the supplementary authority granted by the
11Omnibus Bond Acts, and (iii) that instruments issued under this
12Section within the supplementary authority granted by the
13Omnibus Bond Acts are not invalid because of any provision of
14this Act that may appear to be or to have been more restrictive
15than those Acts.
16    (r) When the purposes for which the bonds are issued have
17been accomplished and paid for in full and there remain funds
18on hand from the proceeds of the bond sale and interest
19earnings therefrom, the board shall, by resolution, use such
20excess funds in accordance with the provisions of Section
2110-22.14 of this Act.
22    (s) Whenever any tax is levied or bonds issued for fire
23prevention, safety, energy conservation, and school security
24purposes, such proceeds shall be deposited and accounted for
25separately within the Fire Prevention and Safety Fund.
26(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19.)
 

 

 

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1    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
2    Sec. 17-2A. Interfund transfers.
3    (a) The school board of any district having a population of
4less than 500,000 inhabitants may, by proper resolution
5following a public hearing set by the school board or the
6president of the school board (that is preceded (i) by at least
7one published notice over the name of the clerk or secretary of
8the board, occurring at least 7 days and not more than 30 days
9prior to the hearing, in a newspaper of general circulation
10within the school district and (ii) by posted notice over the
11name of the clerk or secretary of the board, at least 48 hours
12before the hearing, at the principal office of the school board
13or at the building where the hearing is to be held if a
14principal office does not exist, with both notices setting
15forth the time, date, place, and subject matter of the
16hearing), transfer money from (1) the Educational Fund to the
17Operations and Maintenance Fund or the Transportation Fund, (2)
18the Operations and Maintenance Fund to the Educational Fund or
19the Transportation Fund, (3) the Transportation Fund to the
20Educational Fund or the Operations and Maintenance Fund, or (4)
21the Tort Immunity Fund to the Operations and Maintenance Fund
22of said district, provided that, except during the period from
23July 1, 2003 through June 30, 2021 2020, such transfer is made
24solely for the purpose of meeting one-time, non-recurring
25expenses. Except during the period from July 1, 2003 through

 

 

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1June 30, 2021 2020 and except as otherwise provided in
2subsection (b) of this Section, any other permanent interfund
3transfers authorized by any provision or judicial
4interpretation of this Code for which the transferee fund is
5not precisely and specifically set forth in the provision of
6this Code authorizing such transfer shall be made to the fund
7of the school district most in need of the funds being
8transferred, as determined by resolution of the school board.
9    (b) (Blank).
10    (c) Notwithstanding subsection (a) of this Section or any
11other provision of this Code to the contrary, the school board
12of any school district (i) that is subject to the Property Tax
13Extension Limitation Law, (ii) that is an elementary district
14servicing students in grades K through 8, (iii) whose territory
15is in one county, (iv) that is eligible for Section 7002
16Federal Impact Aid, and (v) that has no more than $81,000 in
17funds remaining from refinancing bonds that were refinanced a
18minimum of 5 years prior to January 20, 2017 (the effective
19date of Public Act 99-926) may make a one-time transfer of the
20funds remaining from the refinancing bonds to the Operations
21and Maintenance Fund of the district by proper resolution
22following a public hearing set by the school board or the
23president of the school board, with notice as provided in
24subsection (a) of this Section, so long as the district meets
25the qualifications set forth in this subsection (c) on January
2620, 2017 (the effective date of Public Act 99-926).

 

 

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1    (d) Notwithstanding subsection (a) of this Section or any
2other provision of this Code to the contrary, the school board
3of any school district (i) that is subject to the Property Tax
4Extension Limitation Law, (ii) that is a community unit school
5district servicing students in grades K through 12, (iii) whose
6territory is in one county, (iv) that owns property designated
7by the United States as a Superfund site pursuant to the
8federal Comprehensive Environmental Response, Compensation and
9Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that
10has an excess accumulation of funds in its bond fund, including
11funds accumulated prior to July 1, 2000, may make a one-time
12transfer of those excess funds accumulated prior to July 1,
132000 to the Operations and Maintenance Fund of the district by
14proper resolution following a public hearing set by the school
15board or the president of the school board, with notice as
16provided in subsection (a) of this Section, so long as the
17district meets the qualifications set forth in this subsection
18(d) on August 4, 2017 (the effective date of Public Act
19100-32).
20(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17;
2199-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff.
228-31-17; 100-863, eff. 8-14-18.)
 
23    (105 ILCS 5/18-8.15)
24    Sec. 18-8.15. Evidence-Based Funding Evidence-based
25funding for student success for the 2017-2018 and subsequent

 

 

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1school years.
2    (a) General provisions.
3        (1) The purpose of this Section is to ensure that, by
4    June 30, 2027 and beyond, this State has a kindergarten
5    through grade 12 public education system with the capacity
6    to ensure the educational development of all persons to the
7    limits of their capacities in accordance with Section 1 of
8    Article X of the Constitution of the State of Illinois. To
9    accomplish that objective, this Section creates a method of
10    funding public education that is evidence-based; is
11    sufficient to ensure every student receives a meaningful
12    opportunity to learn irrespective of race, ethnicity,
13    sexual orientation, gender, or community-income level; and
14    is sustainable and predictable. When fully funded under
15    this Section, every school shall have the resources, based
16    on what the evidence indicates is needed, to:
17            (A) provide all students with a high quality
18        education that offers the academic, enrichment, social
19        and emotional support, technical, and career-focused
20        programs that will allow them to become competitive
21        workers, responsible parents, productive citizens of
22        this State, and active members of our national
23        democracy;
24            (B) ensure all students receive the education they
25        need to graduate from high school with the skills
26        required to pursue post-secondary education and

 

 

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1        training for a rewarding career;
2            (C) reduce, with a goal of eliminating, the
3        achievement gap between at-risk and non-at-risk
4        students by raising the performance of at-risk
5        students and not by reducing standards; and
6            (D) ensure this State satisfies its obligation to
7        assume the primary responsibility to fund public
8        education and simultaneously relieve the
9        disproportionate burden placed on local property taxes
10        to fund schools.
11        (2) The Evidence-Based Funding evidence-based funding
12    formula under this Section shall be applied to all
13    Organizational Units in this State. The Evidence-Based
14    Funding evidence-based funding formula outlined in this
15    Act is based on the formula outlined in Senate Bill 1 of
16    the 100th General Assembly, as passed by both legislative
17    chambers. As further defined and described in this Section,
18    there are 4 major components of the Evidence-Based Funding
19    evidence-based funding model:
20            (A) First, the model calculates a unique Adequacy
21        Target adequacy target for each Organizational Unit in
22        this State that considers the costs to implement
23        research-based activities, the unit's student
24        demographics, and regional wage differences
25        difference.
26            (B) Second, the model calculates each

 

 

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1        Organizational Unit's Local Capacity local capacity,
2        or the amount each Organizational Unit is assumed to
3        contribute toward towards its Adequacy Target adequacy
4        target from local resources.
5            (C) Third, the model calculates how much funding
6        the State currently contributes to the Organizational
7        Unit, and adds that to the unit's Local Capacity local
8        capacity to determine the unit's overall current
9        adequacy of funding.
10            (D) Finally, the model's distribution method
11        allocates new State funding to those Organizational
12        Units that are least well-funded, considering both
13        Local Capacity local capacity and State funding, in
14        relation to their Adequacy Target adequacy target.
15        (3) An Organizational Unit receiving any funding under
16    this Section may apply those funds to any fund so received
17    for which that Organizational Unit is authorized to make
18    expenditures by law.
19        (4) As used in this Section, the following terms shall
20    have the meanings ascribed in this paragraph (4):
21        "Adequacy Target" is defined in paragraph (1) of
22    subsection (b) of this Section.
23        "Adjusted EAV" is defined in paragraph (4) of
24    subsection (d) of this Section.
25        "Adjusted Local Capacity Target" is defined in
26    paragraph (3) of subsection (c) of this Section.

 

 

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1        "Adjusted Operating Tax Rate" means a tax rate for all
2    Organizational Units, for which the State Superintendent
3    shall calculate and subtract for the Operating Tax Rate a
4    transportation rate based on total expenses for
5    transportation services under this Code, as reported on the
6    most recent Annual Financial Report in Pupil
7    Transportation Services, function 2550 in both the
8    Education and Transportation funds and functions 4110 and
9    4120 in the Transportation fund, less any corresponding
10    fiscal year State of Illinois scheduled payments excluding
11    net adjustments for prior years for regular, vocational, or
12    special education transportation reimbursement pursuant to
13    Section 29-5 or subsection (b) of Section 14-13.01 of this
14    Code divided by the Adjusted EAV. If an Organizational
15    Unit's corresponding fiscal year State of Illinois
16    scheduled payments excluding net adjustments for prior
17    years for regular, vocational, or special education
18    transportation reimbursement pursuant to Section 29-5 or
19    subsection (b) of Section 14-13.01 of this Code exceed the
20    total transportation expenses, as defined in this
21    paragraph, no transportation rate shall be subtracted from
22    the Operating Tax Rate.
23        "Allocation Rate" is defined in paragraph (3) of
24    subsection (g) of this Section.
25        "Alternative School" means a public school that is
26    created and operated by a regional superintendent of

 

 

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1    schools and approved by the State Board.
2        "Applicable Tax Rate" is defined in paragraph (1) of
3    subsection (d) of this Section.
4        "Assessment" means any of those benchmark, progress
5    monitoring, formative, diagnostic, and other assessments,
6    in addition to the State accountability assessment, that
7    assist teachers' needs in understanding the skills and
8    meeting the needs of the students they serve.
9        "Assistant principal" means a school administrator
10    duly endorsed to be employed as an assistant principal in
11    this State.
12        "At-risk student" means a student who is at risk of not
13    meeting the Illinois Learning Standards or not graduating
14    from elementary or high school and who demonstrates a need
15    for vocational support or social services beyond that
16    provided by the regular school program. All students
17    included in an Organizational Unit's Low-Income Count, as
18    well as all English learner and disabled students attending
19    the Organizational Unit, shall be considered at-risk
20    students under this Section.
21        "Average Student Enrollment" or "ASE" for fiscal year
22    2018 means, for an Organizational Unit, the greater of the
23    average number of students (grades K through 12) reported
24    to the State Board as enrolled in the Organizational Unit
25    on October 1 in the immediately preceding school year, plus
26    the pre-kindergarten students who receive special

 

 

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1    education services of 2 or more hours a day as reported to
2    the State Board on December 1 in the immediately preceding
3    school year, or the average number of students (grades K
4    through 12) reported to the State Board as enrolled in the
5    Organizational Unit on October 1, plus the
6    pre-kindergarten students who receive special education
7    services of 2 or more hours a day as reported to the State
8    Board on December 1, for each of the immediately preceding
9    3 school years. For fiscal year 2019 and each subsequent
10    fiscal year, "Average Student Enrollment" or "ASE" means,
11    for an Organizational Unit, the greater of the average
12    number of students (grades K through 12) reported to the
13    State Board as enrolled in the Organizational Unit on
14    October 1 and March 1 in the immediately preceding school
15    year, plus the pre-kindergarten students who receive
16    special education services as reported to the State Board
17    on October 1 and March 1 in the immediately preceding
18    school year, or the average number of students (grades K
19    through 12) reported to the State Board as enrolled in the
20    Organizational Unit on October 1 and March 1, plus the
21    pre-kindergarten students who receive special education
22    services as reported to the State Board on October 1 and
23    March 1, for each of the immediately preceding 3 school
24    years. For the purposes of this definition, "enrolled in
25    the Organizational Unit" means the number of students
26    reported to the State Board who are enrolled in schools

 

 

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1    within the Organizational Unit that the student attends or
2    would attend if not placed or transferred to another school
3    or program to receive needed services. For the purposes of
4    calculating "ASE", all students, grades K through 12,
5    excluding those attending kindergarten for a half day and
6    students attending an alternative education program
7    operated by a regional office of education or intermediate
8    service center, shall be counted as 1.0. All students
9    attending kindergarten for a half day shall be counted as
10    0.5, unless in 2017 by June 15 or by March 1 in subsequent
11    years, the school district reports to the State Board of
12    Education the intent to implement full-day kindergarten
13    district-wide for all students, then all students
14    attending kindergarten shall be counted as 1.0. Special
15    education pre-kindergarten students shall be counted as
16    0.5 each. If the State Board does not collect or has not
17    collected both an October 1 and March 1 enrollment count by
18    grade or a December 1 collection of special education
19    pre-kindergarten students as of August 31, 2017 (the
20    effective date of Public Act 100-465) this amendatory Act
21    of the 100th General Assembly, it shall establish such
22    collection for all future years. For any year in which
23    where a count by grade level was collected only once, that
24    count shall be used as the single count available for
25    computing a 3-year average ASE. Funding for programs
26    operated by a regional office of education or an

 

 

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1    intermediate service center must be calculated using the
2    Evidence-Based Funding evidence-based funding formula
3    under this Section for the 2019-2020 school year and each
4    subsequent school year until separate adequacy formulas
5    are developed and adopted for each type of program. ASE for
6    a program operated by a regional office of education or an
7    intermediate service center must be determined by the March
8    1 enrollment for the program. For the 2019-2020 school
9    year, the ASE used in the calculation must be the
10    first-year ASE and, in that year only, the assignment of
11    students served by a regional office of education or
12    intermediate service center shall not result in a reduction
13    of the March enrollment for any school district. For the
14    2020-2021 school year, the ASE must be the greater of the
15    current-year ASE or the 2-year average ASE. Beginning with
16    the 2021-2022 school year, the ASE must be the greater of
17    the current-year ASE or the 3-year average ASE. School
18    districts shall submit the data for the ASE calculation to
19    the State Board within 45 days of the dates required in
20    this Section for submission of enrollment data in order for
21    it to be included in the ASE calculation. For fiscal year
22    2018 only, the ASE calculation shall include only
23    enrollment taken on October 1.
24        "Base Funding Guarantee" is defined in paragraph (10)
25    of subsection (g) of this Section.
26        "Base Funding Minimum" is defined in subsection (e) of

 

 

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1    this Section.
2        "Base Tax Year" means the property tax levy year used
3    to calculate the Budget Year allocation of primary State
4    aid.
5        "Base Tax Year's Extension" means the product of the
6    equalized assessed valuation utilized by the county clerk
7    in the Base Tax Year multiplied by the limiting rate as
8    calculated by the county clerk and defined in PTELL.
9        "Bilingual Education Allocation" means the amount of
10    an Organizational Unit's final Adequacy Target
11    attributable to bilingual education divided by the
12    Organizational Unit's final Adequacy Target, the product
13    of which shall be multiplied by the amount of new funding
14    received pursuant to this Section. An Organizational
15    Unit's final Adequacy Target attributable to bilingual
16    education shall include all additional investments in
17    English learner students' adequacy elements.
18        "Budget Year" means the school year for which primary
19    State aid is calculated and awarded under this Section.
20        "Central office" means individual administrators and
21    support service personnel charged with managing the
22    instructional programs, business and operations, and
23    security of the Organizational Unit.
24        "Comparable Wage Index" or "CWI" means a regional cost
25    differentiation metric that measures systemic, regional
26    variations in the salaries of college graduates who are not

 

 

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1    educators. The CWI utilized for this Section shall, for the
2    first 3 years of Evidence-Based Funding implementation, be
3    the CWI initially developed by the National Center for
4    Education Statistics, as most recently updated by Texas A &
5    M University. In the fourth and subsequent years of
6    Evidence-Based Funding implementation, the State
7    Superintendent shall re-determine the CWI using a similar
8    methodology to that identified in the Texas A & M
9    University study, with adjustments made no less frequently
10    than once every 5 years.
11        "Computer technology and equipment" means computers
12    servers, notebooks, network equipment, copiers, printers,
13    instructional software, security software, curriculum
14    management courseware, and other similar materials and
15    equipment.
16        "Computer technology and equipment investment
17    allocation" means the final Adequacy Target amount of an
18    Organizational Unit assigned to Tier 1 or Tier 2 in the
19    prior school year attributable to the additional $285.50
20    per student computer technology and equipment investment
21    grant divided by the Organizational Unit's final Adequacy
22    Target, the result of which shall be multiplied by the
23    amount of new funding received pursuant to this Section. An
24    Organizational Unit assigned to a Tier 1 or Tier 2 final
25    Adequacy Target attributable to the received computer
26    technology and equipment investment grant shall include

 

 

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1    all additional investments in computer technology and
2    equipment adequacy elements.
3        "Core subject" means mathematics; science; reading,
4    English, writing, and language arts; history and social
5    studies; world languages; and subjects taught as Advanced
6    Placement in high schools.
7        "Core teacher" means a regular classroom teacher in
8    elementary schools and teachers of a core subject in middle
9    and high schools.
10        "Core Intervention teacher (tutor)" means a licensed
11    teacher providing one-on-one or small group tutoring to
12    students struggling to meet proficiency in core subjects.
13        "CPPRT" means corporate personal property replacement
14    tax funds paid to an Organizational Unit during the
15    calendar year one year before the calendar year in which a
16    school year begins, pursuant to "An Act in relation to the
17    abolition of ad valorem personal property tax and the
18    replacement of revenues lost thereby, and amending and
19    repealing certain Acts and parts of Acts in connection
20    therewith", certified August 14, 1979, as amended (Public
21    Act 81-1st S.S.-1).
22        "EAV" means equalized assessed valuation as defined in
23    paragraph (2) of subsection (d) of this Section and
24    calculated in accordance with paragraph (3) of subsection
25    (d) of this Section.
26        "ECI" means the Bureau of Labor Statistics' national

 

 

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1    employment cost index for civilian workers in educational
2    services in elementary and secondary schools on a
3    cumulative basis for the 12-month calendar year preceding
4    the fiscal year of the Evidence-Based Funding calculation.
5        "EIS Data" means the employment information system
6    data maintained by the State Board on educators within
7    Organizational Units.
8        "Employee benefits" means health, dental, and vision
9    insurance offered to employees of an Organizational Unit,
10    the costs associated with the statutorily required payment
11    of the normal cost of the Organizational Unit's teacher
12    pensions, Social Security employer contributions, and
13    Illinois Municipal Retirement Fund employer contributions.
14        "English learner" or "EL" means a child included in the
15    definition of "English learners" under Section 14C-2 of
16    this Code participating in a program of transitional
17    bilingual education or a transitional program of
18    instruction meeting the requirements and program
19    application procedures of Article 14C of this Code. For the
20    purposes of collecting the number of EL students enrolled,
21    the same collection and calculation methodology as defined
22    above for "ASE" shall apply to English learners, with the
23    exception that EL student enrollment shall include
24    students in grades pre-kindergarten through 12.
25        "Essential Elements" means those elements, resources,
26    and educational programs that have been identified through

 

 

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1    academic research as necessary to improve student success,
2    improve academic performance, close achievement gaps, and
3    provide for other per student costs related to the delivery
4    and leadership of the Organizational Unit, as well as the
5    maintenance and operations of the unit, and which are
6    specified in paragraph (2) of subsection (b) of this
7    Section.
8        "Evidence-Based Funding" means State funding provided
9    to an Organizational Unit pursuant to this Section.
10        "Extended day" means academic and enrichment programs
11    provided to students outside the regular school day before
12    and after school or during non-instructional times during
13    the school day.
14        "Extension Limitation Ratio" means a numerical ratio
15    in which the numerator is the Base Tax Year's Extension and
16    the denominator is the Preceding Tax Year's Extension.
17        "Final Percent of Adequacy" is defined in paragraph (4)
18    of subsection (f) of this Section.
19        "Final Resources" is defined in paragraph (3) of
20    subsection (f) of this Section.
21        "Full-time equivalent" or "FTE" means the full-time
22    equivalency compensation for staffing the relevant
23    position at an Organizational Unit.
24        "Funding Gap" is defined in paragraph (1) of subsection
25    (g).
26        "Guidance counselor" means a licensed guidance

 

 

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1    counselor who provides guidance and counseling support for
2    students within an Organizational Unit.
3        "Hybrid District" means a partial elementary unit
4    district created pursuant to Article 11E of this Code.
5        "Instructional assistant" means a core or special
6    education, non-licensed employee who assists a teacher in
7    the classroom and provides academic support to students.
8        "Instructional facilitator" means a qualified teacher
9    or licensed teacher leader who facilitates and coaches
10    continuous improvement in classroom instruction; provides
11    instructional support to teachers in the elements of
12    research-based instruction or demonstrates the alignment
13    of instruction with curriculum standards and assessment
14    tools; develops or coordinates instructional programs or
15    strategies; develops and implements training; chooses
16    standards-based instructional materials; provides teachers
17    with an understanding of current research; serves as a
18    mentor, site coach, curriculum specialist, or lead
19    teacher; or otherwise works with fellow teachers, in
20    collaboration, to use data to improve instructional
21    practice or develop model lessons.
22        "Instructional materials" means relevant instructional
23    materials for student instruction, including, but not
24    limited to, textbooks, consumable workbooks, laboratory
25    equipment, library books, and other similar materials.
26        "Laboratory School" means a public school that is

 

 

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1    created and operated by a public university and approved by
2    the State Board.
3        "Librarian" means a teacher with an endorsement as a
4    library information specialist or another individual whose
5    primary responsibility is overseeing library resources
6    within an Organizational Unit.
7        "Limiting rate for Hybrid Districts" means the
8    combined elementary school and high school limiting
9    limited rates.
10        "Local Capacity" is defined in paragraph (1) of
11    subsection (c) of this Section.
12        "Local Capacity Percentage" is defined in subparagraph
13    (A) of paragraph (2) of subsection (c) of this Section.
14        "Local Capacity Ratio" is defined in subparagraph (B)
15    of paragraph (2) of subsection (c) of this Section.
16        "Local Capacity Target" is defined in paragraph (2) of
17    subsection (c) of this Section.
18        "Low-Income Count" means, for an Organizational Unit
19    in a fiscal year, the higher of the average number of
20    students for the prior school year or the immediately
21    preceding 3 school years who, as of July 1 of the
22    immediately preceding fiscal year (as determined by the
23    Department of Human Services), are eligible for at least
24    one of the following low-income low income programs:
25    Medicaid, the Children's Health Insurance Program,
26    Temporary Assistance for Needy Families (TANF), or the

 

 

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1    Supplemental Nutrition Assistance Program, excluding
2    pupils who are eligible for services provided by the
3    Department of Children and Family Services. Until such time
4    that grade level low-income populations become available,
5    grade level low-income populations shall be determined by
6    applying the low-income percentage to total student
7    enrollments by grade level. The low-income percentage is
8    determined by dividing the Low-Income Count by the Average
9    Student Enrollment. The low-income percentage for programs
10    operated by a regional office of education or an
11    intermediate service center must be set to the weighted
12    average of the low-income percentages of all of the school
13    districts in the service region. The weighted low-income
14    percentage is the result of multiplying the low-income
15    percentage of each school district served by the regional
16    office of education or intermediate service center by each
17    school district's Average Student Enrollment, summarizing
18    those products and dividing the total by the total Average
19    Student Enrollment for the service region.
20        "Maintenance and operations" means custodial services,
21    facility and ground maintenance, facility operations,
22    facility security, routine facility repairs, and other
23    similar services and functions.
24        "Minimum Funding Level" is defined in paragraph (9) of
25    subsection (g) of this Section.
26        "New Property Tax Relief Pool Funds" means, for any

 

 

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1    given fiscal year, all State funds appropriated under
2    Section 2-3.170 of the School Code.
3        "New State Funds" means, for a given school year, all
4    State funds appropriated for Evidence-Based Funding in
5    excess of the amount needed to fund the Base Funding
6    Minimum for all Organizational Units in that school year.
7        "Net State Contribution Target" means, for a given
8    school year, the amount of State funds that would be
9    necessary to fully meet the Adequacy Target of an
10    Operational Unit minus the Preliminary Resources available
11    to each unit.
12        "Nurse" means an individual licensed as a certified
13    school nurse, in accordance with the rules established for
14    nursing services by the State Board, who is an employee of
15    and is available to provide health care-related services
16    for students of an Organizational Unit.
17        "Operating Tax Rate" means the rate utilized in the
18    previous year to extend property taxes for all purposes,
19    except, Bond and Interest, Summer School, Rent, Capital
20    Improvement, and Vocational Education Building purposes.
21    For Hybrid Districts, the Operating Tax Rate shall be the
22    combined elementary and high school rates utilized in the
23    previous year to extend property taxes for all purposes,
24    except, Bond and Interest, Summer School, Rent, Capital
25    Improvement, and Vocational Education Building purposes.
26        "Organizational Unit" means a Laboratory School or any

 

 

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1    public school district that is recognized as such by the
2    State Board and that contains elementary schools typically
3    serving kindergarten through 5th grades, middle schools
4    typically serving 6th through 8th grades, high schools
5    typically serving 9th through 12th grades, a program
6    established under Section 2-3.66 or 2-3.41, or a program
7    operated by a regional office of education or an
8    intermediate service center under Article 13A or 13B. The
9    General Assembly acknowledges that the actual grade levels
10    served by a particular Organizational Unit may vary
11    slightly from what is typical.
12        "Organizational Unit CWI" is determined by calculating
13    the CWI in the region and original county in which an
14    Organizational Unit's primary administrative office is
15    located as set forth in this paragraph, provided that if
16    the Organizational Unit CWI as calculated in accordance
17    with this paragraph is less than 0.9, the Organizational
18    Unit CWI shall be increased to 0.9. Each county's current
19    CWI value shall be adjusted based on the CWI value of that
20    county's neighboring Illinois counties, to create a
21    "weighted adjusted index value". This shall be calculated
22    by summing the CWI values of all of a county's adjacent
23    Illinois counties and dividing by the number of adjacent
24    Illinois counties, then taking the weighted value of the
25    original county's CWI value and the adjacent Illinois
26    county average. To calculate this weighted value, if the

 

 

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1    number of adjacent Illinois counties is greater than 2, the
2    original county's CWI value will be weighted at 0.25 and
3    the adjacent Illinois county average will be weighted at
4    0.75. If the number of adjacent Illinois counties is 2, the
5    original county's CWI value will be weighted at 0.33 and
6    the adjacent Illinois county average will be weighted at
7    0.66. The greater of the county's current CWI value and its
8    weighted adjusted index value shall be used as the
9    Organizational Unit CWI.
10        "Preceding Tax Year" means the property tax levy year
11    immediately preceding the Base Tax Year.
12        "Preceding Tax Year's Extension" means the product of
13    the equalized assessed valuation utilized by the county
14    clerk in the Preceding Tax Year multiplied by the Operating
15    Tax Rate.
16        "Preliminary Percent of Adequacy" is defined in
17    paragraph (2) of subsection (f) of this Section.
18        "Preliminary Resources" is defined in paragraph (2) of
19    subsection (f) of this Section.
20        "Principal" means a school administrator duly endorsed
21    to be employed as a principal in this State.
22        "Professional development" means training programs for
23    licensed staff in schools, including, but not limited to,
24    programs that assist in implementing new curriculum
25    programs, provide data focused or academic assessment data
26    training to help staff identify a student's weaknesses and

 

 

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1    strengths, target interventions, improve instruction,
2    encompass instructional strategies for English learner,
3    gifted, or at-risk students, address inclusivity, cultural
4    sensitivity, or implicit bias, or otherwise provide
5    professional support for licensed staff.
6        "Prototypical" means 450 special education
7    pre-kindergarten and kindergarten through grade 5 students
8    for an elementary school, 450 grade 6 through 8 students
9    for a middle school, and 600 grade 9 through 12 students
10    for a high school.
11        "PTELL" means the Property Tax Extension Limitation
12    Law.
13        "PTELL EAV" is defined in paragraph (4) of subsection
14    (d) of this Section.
15        "Pupil support staff" means a nurse, psychologist,
16    social worker, family liaison personnel, or other staff
17    member who provides support to at-risk or struggling
18    students.
19        "Real Receipts" is defined in paragraph (1) of
20    subsection (d) of this Section.
21        "Regionalization Factor" means, for a particular
22    Organizational Unit, the figure derived by dividing the
23    Organizational Unit CWI by the Statewide Weighted CWI.
24        "School site staff" means the primary school secretary
25    and any additional clerical personnel assigned to a school.
26        "Special education" means special educational

 

 

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1    facilities and services, as defined in Section 14-1.08 of
2    this Code.
3        "Special Education Allocation" means the amount of an
4    Organizational Unit's final Adequacy Target attributable
5    to special education divided by the Organizational Unit's
6    final Adequacy Target, the product of which shall be
7    multiplied by the amount of new funding received pursuant
8    to this Section. An Organizational Unit's final Adequacy
9    Target attributable to special education shall include all
10    special education investment adequacy elements.
11        "Specialist teacher" means a teacher who provides
12    instruction in subject areas not included in core subjects,
13    including, but not limited to, art, music, physical
14    education, health, driver education, career-technical
15    education, and such other subject areas as may be mandated
16    by State law or provided by an Organizational Unit.
17        "Specially Funded Unit" means an Alternative School,
18    safe school, Department of Juvenile Justice school,
19    special education cooperative or entity recognized by the
20    State Board as a special education cooperative,
21    State-approved charter school, or alternative learning
22    opportunities program that received direct funding from
23    the State Board during the 2016-2017 school year through
24    any of the funding sources included within the calculation
25    of the Base Funding Minimum or Glenwood Academy.
26        "Supplemental Grant Funding" means supplemental

 

 

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1    general State aid funding received by an Organizational
2    Organization Unit during the 2016-2017 school year
3    pursuant to subsection (H) of Section 18-8.05 of this Code
4    (now repealed).
5        "State Adequacy Level" is the sum of the Adequacy
6    Targets of all Organizational Units.
7        "State Board" means the State Board of Education.
8        "State Superintendent" means the State Superintendent
9    of Education.
10        "Statewide Weighted CWI" means a figure determined by
11    multiplying each Organizational Unit CWI times the ASE for
12    that Organizational Unit creating a weighted value,
13    summing all Organizational Units' Unit's weighted values,
14    and dividing by the total ASE of all Organizational Units,
15    thereby creating an average weighted index.
16        "Student activities" means non-credit producing
17    after-school programs, including, but not limited to,
18    clubs, bands, sports, and other activities authorized by
19    the school board of the Organizational Unit.
20        "Substitute teacher" means an individual teacher or
21    teaching assistant who is employed by an Organizational
22    Unit and is temporarily serving the Organizational Unit on
23    a per diem or per period-assignment basis to replace
24    replacing another staff member.
25        "Summer school" means academic and enrichment programs
26    provided to students during the summer months outside of

 

 

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1    the regular school year.
2        "Supervisory aide" means a non-licensed staff member
3    who helps in supervising students of an Organizational
4    Unit, but does so outside of the classroom, in situations
5    such as, but not limited to, monitoring hallways and
6    playgrounds, supervising lunchrooms, or supervising
7    students when being transported in buses serving the
8    Organizational Unit.
9        "Target Ratio" is defined in paragraph (4) of
10    subsection (g).
11        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
12    in paragraph (3) of subsection (g).
13        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
14    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
15    Funding" are defined in paragraph (1) of subsection (g).
16    (b) Adequacy Target calculation.
17        (1) Each Organizational Unit's Adequacy Target is the
18    sum of the Organizational Unit's cost of providing
19    Essential Elements, as calculated in accordance with this
20    subsection (b), with the salary amounts in the Essential
21    Elements multiplied by a Regionalization Factor calculated
22    pursuant to paragraph (3) of this subsection (b).
23        (2) The Essential Elements are attributable on a pro
24    rata basis related to defined subgroups of the ASE of each
25    Organizational Unit as specified in this paragraph (2),
26    with investments and FTE positions pro rata funded based on

 

 

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1    ASE counts in excess or less than the thresholds set forth
2    in this paragraph (2). The method for calculating
3    attributable pro rata costs and the defined subgroups
4    thereto are as follows:
5            (A) Core class size investments. Each
6        Organizational Unit shall receive the funding required
7        to support that number of FTE core teacher positions as
8        is needed to keep the respective class sizes of the
9        Organizational Unit to the following maximum numbers:
10                (i) For grades kindergarten through 3, the
11            Organizational Unit shall receive funding required
12            to support one FTE core teacher position for every
13            15 Low-Income Count students in those grades and
14            one FTE core teacher position for every 20
15            non-Low-Income Count students in those grades.
16                (ii) For grades 4 through 12, the
17            Organizational Unit shall receive funding required
18            to support one FTE core teacher position for every
19            20 Low-Income Count students in those grades and
20            one FTE core teacher position for every 25
21            non-Low-Income Count students in those grades.
22            The number of non-Low-Income Count students in a
23        grade shall be determined by subtracting the
24        Low-Income students in that grade from the ASE of the
25        Organizational Unit for that grade.
26            (B) Specialist teacher investments. Each

 

 

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1        Organizational Unit shall receive the funding needed
2        to cover that number of FTE specialist teacher
3        positions that correspond to the following
4        percentages:
5                (i) if the Organizational Unit operates an
6            elementary or middle school, then 20.00% of the
7            number of the Organizational Unit's core teachers,
8            as determined under subparagraph (A) of this
9            paragraph (2); and
10                (ii) if such Organizational Unit operates a
11            high school, then 33.33% of the number of the
12            Organizational Unit's core teachers.
13            (C) Instructional facilitator investments. Each
14        Organizational Unit shall receive the funding needed
15        to cover one FTE instructional facilitator position
16        for every 200 combined ASE of pre-kindergarten
17        children with disabilities and all kindergarten
18        through grade 12 students of the Organizational Unit.
19            (D) Core intervention teacher (tutor) investments.
20        Each Organizational Unit shall receive the funding
21        needed to cover one FTE teacher position for each
22        prototypical elementary, middle, and high school.
23            (E) Substitute teacher investments. Each
24        Organizational Unit shall receive the funding needed
25        to cover substitute teacher costs that is equal to
26        5.70% of the minimum pupil attendance days required

 

 

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1        under Section 10-19 of this Code for all full-time
2        equivalent core, specialist, and intervention
3        teachers, school nurses, special education teachers
4        and instructional assistants, instructional
5        facilitators, and summer school and extended day
6        extended-day teacher positions, as determined under
7        this paragraph (2), at a salary rate of 33.33% of the
8        average salary for grade K through 12 teachers and
9        33.33% of the average salary of each instructional
10        assistant position.
11            (F) Core guidance counselor investments. Each
12        Organizational Unit shall receive the funding needed
13        to cover one FTE guidance counselor for each 450
14        combined ASE of pre-kindergarten children with
15        disabilities and all kindergarten through grade 5
16        students, plus one FTE guidance counselor for each 250
17        grades 6 through 8 ASE middle school students, plus one
18        FTE guidance counselor for each 250 grades 9 through 12
19        ASE high school students.
20            (G) Nurse investments. Each Organizational Unit
21        shall receive the funding needed to cover one FTE nurse
22        for each 750 combined ASE of pre-kindergarten children
23        with disabilities and all kindergarten through grade
24        12 students across all grade levels it serves.
25            (H) Supervisory aide investments. Each
26        Organizational Unit shall receive the funding needed

 

 

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1        to cover one FTE for each 225 combined ASE of
2        pre-kindergarten children with disabilities and all
3        kindergarten through grade 5 students, plus one FTE for
4        each 225 ASE middle school students, plus one FTE for
5        each 200 ASE high school students.
6            (I) Librarian investments. Each Organizational
7        Unit shall receive the funding needed to cover one FTE
8        librarian for each prototypical elementary school,
9        middle school, and high school and one FTE aide or
10        media technician for every 300 combined ASE of
11        pre-kindergarten children with disabilities and all
12        kindergarten through grade 12 students.
13            (J) Principal investments. Each Organizational
14        Unit shall receive the funding needed to cover one FTE
15        principal position for each prototypical elementary
16        school, plus one FTE principal position for each
17        prototypical middle school, plus one FTE principal
18        position for each prototypical high school.
19            (K) Assistant principal investments. Each
20        Organizational Unit shall receive the funding needed
21        to cover one FTE assistant principal position for each
22        prototypical elementary school, plus one FTE assistant
23        principal position for each prototypical middle
24        school, plus one FTE assistant principal position for
25        each prototypical high school.
26            (L) School site staff investments. Each

 

 

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1        Organizational Unit shall receive the funding needed
2        for one FTE position for each 225 ASE of
3        pre-kindergarten children with disabilities and all
4        kindergarten through grade 5 students, plus one FTE
5        position for each 225 ASE middle school students, plus
6        one FTE position for each 200 ASE high school students.
7            (M) Gifted investments. Each Organizational Unit
8        shall receive $40 per kindergarten through grade 12
9        ASE.
10            (N) Professional development investments. Each
11        Organizational Unit shall receive $125 per student of
12        the combined ASE of pre-kindergarten children with
13        disabilities and all kindergarten through grade 12
14        students for trainers and other professional
15        development-related expenses for supplies and
16        materials.
17            (O) Instructional material investments. Each
18        Organizational Unit shall receive $190 per student of
19        the combined ASE of pre-kindergarten children with
20        disabilities and all kindergarten through grade 12
21        students to cover instructional material costs.
22            (P) Assessment investments. Each Organizational
23        Unit shall receive $25 per student of the combined ASE
24        of pre-kindergarten children with disabilities and all
25        kindergarten through grade 12 students student to
26        cover assessment costs.

 

 

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1            (Q) Computer technology and equipment investments.
2        Each Organizational Unit shall receive $285.50 per
3        student of the combined ASE of pre-kindergarten
4        children with disabilities and all kindergarten
5        through grade 12 students to cover computer technology
6        and equipment costs. For the 2018-2019 school year and
7        subsequent school years, Organizational Units assigned
8        to Tier 1 and Tier 2 in the prior school year shall
9        receive an additional $285.50 per student of the
10        combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 12
12        students to cover computer technology and equipment
13        costs in the Organizational Organization Unit's
14        Adequacy Target. The State Board may establish
15        additional requirements for Organizational Unit
16        expenditures of funds received pursuant to this
17        subparagraph (Q), including a requirement that funds
18        received pursuant to this subparagraph (Q) may be used
19        only for serving the technology needs of the district.
20        It is the intent of Public Act 100-465 this amendatory
21        Act of the 100th General Assembly that all Tier 1 and
22        Tier 2 districts receive the addition to their Adequacy
23        Target in the following year, subject to compliance
24        with the requirements of the State Board.
25            (R) Student activities investments. Each
26        Organizational Unit shall receive the following

 

 

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1        funding amounts to cover student activities: $100 per
2        kindergarten through grade 5 ASE student in elementary
3        school, plus $200 per ASE student in middle school,
4        plus $675 per ASE student in high school.
5            (S) Maintenance and operations investments. Each
6        Organizational Unit shall receive $1,038 per student
7        of the combined ASE of pre-kindergarten children with
8        disabilities and all kindergarten through grade 12
9        students for day-to-day maintenance and operations
10        expenditures, including salary, supplies, and
11        materials, as well as purchased services, but
12        excluding employee benefits. The proportion of salary
13        for the application of a Regionalization Factor and the
14        calculation of benefits is equal to $352.92.
15            (T) Central office investments. Each
16        Organizational Unit shall receive $742 per student of
17        the combined ASE of pre-kindergarten children with
18        disabilities and all kindergarten through grade 12
19        students to cover central office operations, including
20        administrators and classified personnel charged with
21        managing the instructional programs, business and
22        operations of the school district, and security
23        personnel. The proportion of salary for the
24        application of a Regionalization Factor and the
25        calculation of benefits is equal to $368.48.
26            (U) Employee benefit investments. Each

 

 

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1        Organizational Unit shall receive 30% of the total of
2        all salary-calculated elements of the Adequacy Target,
3        excluding substitute teachers and student activities
4        investments, to cover benefit costs. For central
5        office and maintenance and operations investments, the
6        benefit calculation shall be based upon the salary
7        proportion of each investment. If at any time the
8        responsibility for funding the employer normal cost of
9        teacher pensions is assigned to school districts, then
10        that amount certified by the Teachers' Retirement
11        System of the State of Illinois to be paid by the
12        Organizational Unit for the preceding school year
13        shall be added to the benefit investment. For any
14        fiscal year in which a school district organized under
15        Article 34 of this Code is responsible for paying the
16        employer normal cost of teacher pensions, then that
17        amount of its employer normal cost plus the amount for
18        retiree health insurance as certified by the Public
19        School Teachers' Pension and Retirement Fund of
20        Chicago to be paid by the school district for the
21        preceding school year that is statutorily required to
22        cover employer normal costs and the amount for retiree
23        health insurance shall be added to the 30% specified in
24        this subparagraph (U). The Teachers' Retirement System
25        of the State of Illinois and the Public School
26        Teachers' Pension and Retirement Fund of Chicago shall

 

 

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1        submit such information as the State Superintendent
2        may require for the calculations set forth in this
3        subparagraph (U).
4            (V) Additional investments in low-income students.
5        In addition to and not in lieu of all other funding
6        under this paragraph (2), each Organizational Unit
7        shall receive funding based on the average teacher
8        salary for grades K through 12 to cover the costs of:
9                (i) one FTE intervention teacher (tutor)
10            position for every 125 Low-Income Count students;
11                (ii) one FTE pupil support staff position for
12            every 125 Low-Income Count students;
13                (iii) one FTE extended day teacher position
14            for every 120 Low-Income Count students; and
15                (iv) one FTE summer school teacher position
16            for every 120 Low-Income Count students.
17            (W) Additional investments in English learner
18        students. In addition to and not in lieu of all other
19        funding under this paragraph (2), each Organizational
20        Unit shall receive funding based on the average teacher
21        salary for grades K through 12 to cover the costs of:
22                (i) one FTE intervention teacher (tutor)
23            position for every 125 English learner students;
24                (ii) one FTE pupil support staff position for
25            every 125 English learner students;
26                (iii) one FTE extended day teacher position

 

 

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1            for every 120 English learner students;
2                (iv) one FTE summer school teacher position
3            for every 120 English learner students; and
4                (v) one FTE core teacher position for every 100
5            English learner students.
6            (X) Special education investments. Each
7        Organizational Unit shall receive funding based on the
8        average teacher salary for grades K through 12 to cover
9        special education as follows:
10                (i) one FTE teacher position for every 141
11            combined ASE of pre-kindergarten children with
12            disabilities and all kindergarten through grade 12
13            students;
14                (ii) one FTE instructional assistant for every
15            141 combined ASE of pre-kindergarten children with
16            disabilities and all kindergarten through grade 12
17            students; and
18                (iii) one FTE psychologist position for every
19            1,000 combined ASE of pre-kindergarten children
20            with disabilities and all kindergarten through
21            grade 12 students.
22        (3) For calculating the salaries included within the
23    Essential Elements, the State Superintendent shall
24    annually calculate average salaries to the nearest dollar
25    using the employment information system data maintained by
26    the State Board, limited to public schools only and

 

 

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1    excluding special education and vocational cooperatives,
2    schools operated by the Department of Juvenile Justice, and
3    charter schools, for the following positions:
4            (A) Teacher for grades K through 8.
5            (B) Teacher for grades 9 through 12.
6            (C) Teacher for grades K through 12.
7            (D) Guidance counselor for grades K through 8.
8            (E) Guidance counselor for grades 9 through 12.
9            (F) Guidance counselor for grades K through 12.
10            (G) Social worker.
11            (H) Psychologist.
12            (I) Librarian.
13            (J) Nurse.
14            (K) Principal.
15            (L) Assistant principal.
16        For the purposes of this paragraph (3), "teacher"
17    includes core teachers, specialist and elective teachers,
18    instructional facilitators, tutors, special education
19    teachers, pupil support staff teachers, English learner
20    teachers, extended day extended-day teachers, and summer
21    school teachers. Where specific grade data is not required
22    for the Essential Elements, the average salary for
23    corresponding positions shall apply. For substitute
24    teachers, the average teacher salary for grades K through
25    12 shall apply.
26        For calculating the salaries included within the

 

 

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1    Essential Elements for positions not included within EIS
2    Data, the following salaries shall be used in the first
3    year of implementation of Evidence-Based Funding:
4            (i) school site staff, $30,000; and
5            (ii) non-instructional assistant, instructional
6        assistant, library aide, library media tech, or
7        supervisory aide: $25,000.
8        In the second and subsequent years of implementation of
9    Evidence-Based Funding, the amounts in items (i) and (ii)
10    of this paragraph (3) shall annually increase by the ECI.
11        The salary amounts for the Essential Elements
12    determined pursuant to subparagraphs (A) through (L), (S)
13    and (T), and (V) through (X) of paragraph (2) of subsection
14    (b) of this Section shall be multiplied by a
15    Regionalization Factor.
16    (c) Local Capacity capacity calculation.
17        (1) Each Organizational Unit's Local Capacity
18    represents an amount of funding it is assumed to contribute
19    toward its Adequacy Target for purposes of the
20    Evidence-Based Funding formula calculation. "Local
21    Capacity" means either (i) the Organizational Unit's Local
22    Capacity Target as calculated in accordance with paragraph
23    (2) of this subsection (c) if its Real Receipts are equal
24    to or less than its Local Capacity Target or (ii) the
25    Organizational Unit's Adjusted Local Capacity, as
26    calculated in accordance with paragraph (3) of this

 

 

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1    subsection (c) if Real Receipts are more than its Local
2    Capacity Target.
3        (2) "Local Capacity Target" means, for an
4    Organizational Unit, that dollar amount that is obtained by
5    multiplying its Adequacy Target by its Local Capacity
6    Ratio.
7            (A) An Organizational Unit's Local Capacity
8        Percentage is the conversion of the Organizational
9        Unit's Local Capacity Ratio, as such ratio is
10        determined in accordance with subparagraph (B) of this
11        paragraph (2), into a cumulative distribution
12        resulting in a percentile ranking to determine each
13        Organizational Unit's relative position to all other
14        Organizational Units in this State. The calculation of
15        Local Capacity Percentage is described in subparagraph
16        (C) of this paragraph (2).
17            (B) An Organizational Unit's Local Capacity Ratio
18        in a given year is the percentage obtained by dividing
19        its Adjusted EAV or PTELL EAV, whichever is less, by
20        its Adequacy Target, with the resulting ratio further
21        adjusted as follows:
22                (i) for Organizational Units serving grades
23            kindergarten through 12 and Hybrid Districts, no
24            further adjustments shall be made;
25                (ii) for Organizational Units serving grades
26            kindergarten through 8, the ratio shall be

 

 

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1            multiplied by 9/13;
2                (iii) for Organizational Units serving grades
3            9 through 12, the Local Capacity Ratio shall be
4            multiplied by 4/13; and
5                (iv) for an Organizational Unit with a
6            different grade configuration than those specified
7            in items (i) through (iii) of this subparagraph
8            (B), the State Superintendent shall determine a
9            comparable adjustment based on the grades served.
10            (C) The Local Capacity Percentage is equal to the
11        percentile ranking of the district. Local Capacity
12        Percentage converts each Organizational Unit's Local
13        Capacity Ratio to a cumulative distribution resulting
14        in a percentile ranking to determine each
15        Organizational Unit's relative position to all other
16        Organizational Units in this State. The Local Capacity
17        Percentage cumulative distribution resulting in a
18        percentile ranking for each Organizational Unit shall
19        be calculated using the standard normal distribution
20        of the score in relation to the weighted mean and
21        weighted standard deviation and Local Capacity Ratios
22        of all Organizational Units. If the value assigned to
23        any Organizational Unit is in excess of 90%, the value
24        shall be adjusted to 90%. For Laboratory Schools, the
25        Local Capacity Percentage shall be set at 10% in
26        recognition of the absence of EAV and resources from

 

 

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1        the public university that are allocated to the
2        Laboratory School. For programs operated by a regional
3        office of education or an intermediate service center,
4        the Local Capacity Percentage must be set at 10% in
5        recognition of the absence of EAV and resources from
6        school districts that are allocated to the regional
7        office of education or intermediate service center.
8        The weighted mean for the Local Capacity Percentage
9        shall be determined by multiplying each Organizational
10        Unit's Local Capacity Ratio times the ASE for the unit
11        creating a weighted value, summing the weighted values
12        of all Organizational Units, and dividing by the total
13        ASE of all Organizational Units. The weighted standard
14        deviation shall be determined by taking the square root
15        of the weighted variance of all Organizational Units'
16        Local Capacity Ratio, where the variance is calculated
17        by squaring the difference between each unit's Local
18        Capacity Ratio and the weighted mean, then multiplying
19        the variance for each unit times the ASE for the unit
20        to create a weighted variance for each unit, then
21        summing all units' weighted variance and dividing by
22        the total ASE of all units.
23            (D) For any Organizational Unit, the
24        Organizational Unit's Adjusted Local Capacity Target
25        shall be reduced by either (i) the school board's
26        remaining contribution pursuant to paragraph (ii) of

 

 

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1        subsection (b-4) of Section 16-158 of the Illinois
2        Pension Code in a given year, or (ii) the board of
3        education's remaining contribution pursuant to
4        paragraph (iv) of subsection (b) of Section 17-129 of
5        the Illinois Pension Code absent the employer normal
6        cost portion of the required contribution and amount
7        allowed pursuant to subdivision (3) of Section
8        17-142.1 of the Illinois Pension Code in a given year.
9        In the preceding sentence, item (i) shall be certified
10        to the State Board of Education by the Teachers'
11        Retirement System of the State of Illinois and item
12        (ii) shall be certified to the State Board of Education
13        by the Public School Teachers' Pension and Retirement
14        Fund of the City of Chicago.
15        (3) If an Organizational Unit's Real Receipts are more
16    than its Local Capacity Target, then its Local Capacity
17    shall equal an Adjusted Local Capacity Target as calculated
18    in accordance with this paragraph (3). The Adjusted Local
19    Capacity Target is calculated as the sum of the
20    Organizational Unit's Local Capacity Target and its Real
21    Receipts Adjustment. The Real Receipts Adjustment equals
22    the Organizational Unit's Real Receipts less its Local
23    Capacity Target, with the resulting figure multiplied by
24    the Local Capacity Percentage.
25        As used in this paragraph (3), "Real Percent of
26    Adequacy" means the sum of an Organizational Unit's Real

 

 

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1    Receipts, CPPRT, and Base Funding Minimum, with the
2    resulting figure divided by the Organizational Unit's
3    Adequacy Target.
4    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
5purposes of the Local Capacity calculation.
6        (1) An Organizational Unit's Real Receipts are the
7    product of its Applicable Tax Rate and its Adjusted EAV. An
8    Organizational Unit's Applicable Tax Rate is its Adjusted
9    Operating Tax Rate for property within the Organizational
10    Unit.
11        (2) The State Superintendent shall calculate the
12    equalized assessed valuation Equalized Assessed Valuation,
13    or EAV, of all taxable property of each Organizational Unit
14    as of September 30 of the previous year in accordance with
15    paragraph (3) of this subsection (d). The State
16    Superintendent shall then determine the Adjusted EAV of
17    each Organizational Unit in accordance with paragraph (4)
18    of this subsection (d), which Adjusted EAV figure shall be
19    used for the purposes of calculating Local Capacity.
20        (3) To calculate Real Receipts and EAV, the Department
21    of Revenue shall supply to the State Superintendent the
22    value as equalized or assessed by the Department of Revenue
23    of all taxable property of every Organizational Unit,
24    together with (i) the applicable tax rate used in extending
25    taxes for the funds of the Organizational Unit as of
26    September 30 of the previous year and (ii) the limiting

 

 

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1    rate for all Organizational Units subject to property tax
2    extension limitations as imposed under PTELL.
3            (A) The Department of Revenue shall add to the
4        equalized assessed value of all taxable property of
5        each Organizational Unit situated entirely or
6        partially within a county that is or was subject to the
7        provisions of Section 15-176 or 15-177 of the Property
8        Tax Code (i) an amount equal to the total amount by
9        which the homestead exemption allowed under Section
10        15-176 or 15-177 of the Property Tax Code for real
11        property situated in that Organizational Unit exceeds
12        the total amount that would have been allowed in that
13        Organizational Unit if the maximum reduction under
14        Section 15-176 was (I) $4,500 in Cook County or $3,500
15        in all other counties in tax year 2003 or (II) $5,000
16        in all counties in tax year 2004 and thereafter and
17        (ii) an amount equal to the aggregate amount for the
18        taxable year of all additional exemptions under
19        Section 15-175 of the Property Tax Code for owners with
20        a household income of $30,000 or less. The county clerk
21        of any county that is or was subject to the provisions
22        of Section 15-176 or 15-177 of the Property Tax Code
23        shall annually calculate and certify to the Department
24        of Revenue for each Organizational Unit all homestead
25        exemption amounts under Section 15-176 or 15-177 of the
26        Property Tax Code and all amounts of additional

 

 

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1        exemptions under Section 15-175 of the Property Tax
2        Code for owners with a household income of $30,000 or
3        less. It is the intent of this subparagraph (A) that if
4        the general homestead exemption for a parcel of
5        property is determined under Section 15-176 or 15-177
6        of the Property Tax Code rather than Section 15-175,
7        then the calculation of EAV shall not be affected by
8        the difference, if any, between the amount of the
9        general homestead exemption allowed for that parcel of
10        property under Section 15-176 or 15-177 of the Property
11        Tax Code and the amount that would have been allowed
12        had the general homestead exemption for that parcel of
13        property been determined under Section 15-175 of the
14        Property Tax Code. It is further the intent of this
15        subparagraph (A) that if additional exemptions are
16        allowed under Section 15-175 of the Property Tax Code
17        for owners with a household income of less than
18        $30,000, then the calculation of EAV shall not be
19        affected by the difference, if any, because of those
20        additional exemptions.
21            (B) With respect to any part of an Organizational
22        Unit within a redevelopment project area in respect to
23        which a municipality has adopted tax increment
24        allocation financing pursuant to the Tax Increment
25        Allocation Redevelopment Act, Division 74.4 of Article
26        11 of the Illinois Municipal Code, or the Industrial

 

 

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1        Jobs Recovery Law, Division 74.6 of Article 11 of the
2        Illinois Municipal Code, no part of the current EAV of
3        real property located in any such project area that
4        which is attributable to an increase above the total
5        initial EAV of such property shall be used as part of
6        the EAV of the Organizational Unit, until such time as
7        all redevelopment project costs have been paid, as
8        provided in Section 11-74.4-8 of the Tax Increment
9        Allocation Redevelopment Act or in Section 11-74.6-35
10        of the Industrial Jobs Recovery Law. For the purpose of
11        the EAV of the Organizational Unit, the total initial
12        EAV or the current EAV, whichever is lower, shall be
13        used until such time as all redevelopment project costs
14        have been paid.
15            (B-5) The real property equalized assessed
16        valuation for a school district shall be adjusted by
17        subtracting from the real property value, as equalized
18        or assessed by the Department of Revenue, for the
19        district an amount computed by dividing the amount of
20        any abatement of taxes under Section 18-170 of the
21        Property Tax Code by 3.00% for a district maintaining
22        grades kindergarten through 12, by 2.30% for a district
23        maintaining grades kindergarten through 8, or by 1.05%
24        for a district maintaining grades 9 through 12 and
25        adjusted by an amount computed by dividing the amount
26        of any abatement of taxes under subsection (a) of

 

 

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1        Section 18-165 of the Property Tax Code by the same
2        percentage rates for district type as specified in this
3        subparagraph (B-5).
4            (C) For Organizational Units that are Hybrid
5        Districts, the State Superintendent shall use the
6        lesser of the adjusted equalized assessed valuation
7        for property within the partial elementary unit
8        district for elementary purposes, as defined in
9        Article 11E of this Code, or the adjusted equalized
10        assessed valuation for property within the partial
11        elementary unit district for high school purposes, as
12        defined in Article 11E of this Code.
13        (4) An Organizational Unit's Adjusted EAV shall be the
14    average of its EAV over the immediately preceding 3 years
15    or its EAV in the immediately preceding year if the EAV in
16    the immediately preceding year has declined by 10% or more
17    compared to the 3-year average. In the event of
18    Organizational Unit reorganization, consolidation, or
19    annexation, the Organizational Unit's Adjusted EAV for the
20    first 3 years after such change shall be as follows: the
21    most current EAV shall be used in the first year, the
22    average of a 2-year EAV or its EAV in the immediately
23    preceding year if the EAV declines by 10% or more compared
24    to the 2-year average for the second year, and a 3-year
25    average EAV or its EAV in the immediately preceding year if
26    the Adjusted adjusted EAV declines by 10% or more compared

 

 

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1    to the 3-year average for the third year. For any school
2    district whose EAV in the immediately preceding year is
3    used in calculations, in the following year, the Adjusted
4    EAV shall be the average of its EAV over the immediately
5    preceding 2 years or the immediately preceding year if that
6    year represents a decline of 10% or more compared to the
7    2-year average.
8        "PTELL EAV" means a figure calculated by the State
9    Board for Organizational Units subject to PTELL as
10    described in this paragraph (4) for the purposes of
11    calculating an Organizational Unit's Local Capacity Ratio.
12    Except as otherwise provided in this paragraph (4), the
13    PTELL EAV of an Organizational Unit shall be equal to the
14    product of the equalized assessed valuation last used in
15    the calculation of general State aid under Section 18-8.05
16    of this Code (now repealed) or Evidence-Based Funding under
17    this Section and the Organizational Unit's Extension
18    Limitation Ratio. If an Organizational Unit has approved or
19    does approve an increase in its limiting rate, pursuant to
20    Section 18-190 of the Property Tax Code, affecting the Base
21    Tax Year, the PTELL EAV shall be equal to the product of
22    the equalized assessed valuation last used in the
23    calculation of general State aid under Section 18-8.05 of
24    this Code (now repealed) or Evidence-Based Funding under
25    this Section multiplied by an amount equal to one plus the
26    percentage increase, if any, in the Consumer Price Index

 

 

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1    for All Urban Consumers for all items published by the
2    United States Department of Labor for the 12-month calendar
3    year preceding the Base Tax Year, plus the equalized
4    assessed valuation of new property, annexed property, and
5    recovered tax increment value and minus the equalized
6    assessed valuation of disconnected property.
7        As used in this paragraph (4), "new property" and
8    "recovered tax increment value" shall have the meanings set
9    forth in the Property Tax Extension Limitation Law.
10    (e) Base Funding Minimum calculation.
11        (1) For the 2017-2018 school year, the Base Funding
12    Minimum of an Organizational Unit or a Specially Funded
13    Unit shall be the amount of State funds distributed to the
14    Organizational Unit or Specially Funded Unit during the
15    2016-2017 school year prior to any adjustments and
16    specified appropriation amounts described in this
17    paragraph (1) from the following Sections, as calculated by
18    the State Superintendent: Section 18-8.05 of this Code (now
19    repealed); Section 5 of Article 224 of Public Act 99-524
20    (equity grants); Section 14-7.02b of this Code (funding for
21    children requiring special education services); Section
22    14-13.01 of this Code (special education facilities and
23    staffing), except for reimbursement of the cost of
24    transportation pursuant to Section 14-13.01; Section
25    14C-12 of this Code (English learners); and Section 18-4.3
26    of this Code (summer school), based on an appropriation

 

 

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1    level of $13,121,600. For a school district organized under
2    Article 34 of this Code, the Base Funding Minimum also
3    includes (i) the funds allocated to the school district
4    pursuant to Section 1D-1 of this Code attributable to
5    funding programs authorized by the Sections of this Code
6    listed in the preceding sentence; and (ii) the difference
7    between (I) the funds allocated to the school district
8    pursuant to Section 1D-1 of this Code attributable to the
9    funding programs authorized by Section 14-7.02 (non-public
10    special education reimbursement), subsection (b) of
11    Section 14-13.01 (special education transportation),
12    Section 29-5 (transportation), Section 2-3.80
13    (agricultural education), Section 2-3.66 (truants'
14    alternative education), Section 2-3.62 (educational
15    service centers), and Section 14-7.03 (special education -
16    orphanage) of this Code and Section 15 of the Childhood
17    Hunger Relief Act (free breakfast program) and (II) the
18    school district's actual expenditures for its non-public
19    special education, special education transportation,
20    transportation programs, agricultural education, truants'
21    alternative education, services that would otherwise be
22    performed by a regional office of education, special
23    education orphanage expenditures, and free breakfast, as
24    most recently calculated and reported pursuant to
25    subsection (f) of Section 1D-1 of this Code. The Base
26    Funding Minimum for Glenwood Academy shall be $625,500. For

 

 

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1    programs operated by a regional office of education or an
2    intermediate service center, the Base Funding Minimum must
3    be the total amount of State funds allocated to those
4    programs in the 2018-2019 school year and amounts provided
5    pursuant to Article 34 of Public Act 100-586 and Section
6    3-16 of this Code. All programs established after June 5,
7    2019 (the effective date of Public Act 101-10) this
8    amendatory Act of the 101st General Assembly and
9    administered by a regional office of education or an
10    intermediate service center must have an initial Base
11    Funding Minimum set to an amount equal to the first-year
12    ASE multiplied by the amount of per pupil funding received
13    in the previous school year by the lowest funded similar
14    existing program type. If the enrollment for a program
15    operated by a regional office of education or an
16    intermediate service center is zero, then it may not
17    receive Base Funding Minimum funds for that program in the
18    next fiscal year, and those funds must be distributed to
19    Organizational Units under subsection (g).
20        (2) For the 2018-2019 and subsequent school years, the
21    Base Funding Minimum of Organizational Units and Specially
22    Funded Units shall be the sum of (i) the amount of
23    Evidence-Based Funding for the prior school year, (ii) the
24    Base Funding Minimum for the prior school year, and (iii)
25    any amount received by a school district pursuant to
26    Section 7 of Article 97 of Public Act 100-21.

 

 

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1        (3) Subject to approval by the General Assembly as
2    provided in this paragraph (3), an Organizational Unit that
3    meets all of the following criteria, as determined by the
4    State Board, shall have District Intervention Money added
5    to its Base Funding Minimum at the time the Base Funding
6    Minimum is calculated by the State Board:
7            (A) The Organizational Unit is operating under an
8        Independent Authority under Section 2-3.25f-5 of this
9        Code for a minimum of 4 school years or is subject to
10        the control of the State Board pursuant to a court
11        order for a minimum of 4 school years.
12            (B) The Organizational Unit was designated as a
13        Tier 1 or Tier 2 Organizational Unit in the previous
14        school year under paragraph (3) of subsection (g) of
15        this Section.
16            (C) The Organizational Unit demonstrates
17        sustainability through a 5-year financial and
18        strategic plan.
19            (D) The Organizational Unit has made sufficient
20        progress and achieved sufficient stability in the
21        areas of governance, academic growth, and finances.
22        As part of its determination under this paragraph (3),
23    the State Board may consider the Organizational Unit's
24    summative designation, any accreditations of the
25    Organizational Unit, or the Organizational Unit's
26    financial profile, as calculated by the State Board.

 

 

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1        If the State Board determines that an Organizational
2    Unit has met the criteria set forth in this paragraph (3),
3    it must submit a report to the General Assembly, no later
4    than January 2 of the fiscal year in which the State Board
5    makes it determination, on the amount of District
6    Intervention Money to add to the Organizational Unit's Base
7    Funding Minimum. The General Assembly must review the State
8    Board's report and may approve or disapprove, by joint
9    resolution, the addition of District Intervention Money.
10    If the General Assembly fails to act on the report within
11    40 calendar days from the receipt of the report, the
12    addition of District Intervention Money is deemed
13    approved. If the General Assembly approves the amount of
14    District Intervention Money to be added to the
15    Organizational Unit's Base Funding Minimum, the District
16    Intervention Money must be added to the Base Funding
17    Minimum annually thereafter.
18        For the first 4 years following the initial year that
19    the State Board determines that an Organizational Unit has
20    met the criteria set forth in this paragraph (3) and has
21    received funding under this Section, the Organizational
22    Unit must annually submit to the State Board, on or before
23    November 30, a progress report regarding its financial and
24    strategic plan under subparagraph (C) of this paragraph
25    (3). The plan shall include the financial data from the
26    past 4 annual financial reports or financial audits that

 

 

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1    must be presented to the State Board by November 15 of each
2    year and the approved budget financial data for the current
3    year. The plan shall be developed according to the
4    guidelines presented to the Organizational Unit by the
5    State Board. The plan shall further include financial
6    projections for the next 3 fiscal years and include a
7    discussion and financial summary of the Organizational
8    Unit's facility needs. If the Organizational Unit does not
9    demonstrate sufficient progress toward its 5-year plan or
10    if it has failed to file an annual financial report, an
11    annual budget, a financial plan, a deficit reduction plan,
12    or other financial information as required by law, the
13    State Board may establish a Financial Oversight Panel under
14    Article 1H of this Code. However, if the Organizational
15    Unit already has a Financial Oversight Panel, the State
16    Board may extend the duration of the Panel.
17    (f) Percent of Adequacy and Final Resources calculation.
18        (1) The Evidence-Based Funding formula establishes a
19    Percent of Adequacy for each Organizational Unit in order
20    to place such units into tiers for the purposes of the
21    funding distribution system described in subsection (g) of
22    this Section. Initially, an Organizational Unit's
23    Preliminary Resources and Preliminary Percent of Adequacy
24    are calculated pursuant to paragraph (2) of this subsection
25    (f). Then, an Organizational Unit's Final Resources and
26    Final Percent of Adequacy are calculated to account for the

 

 

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1    Organizational Unit's poverty concentration levels
2    pursuant to paragraphs (3) and (4) of this subsection (f).
3        (2) An Organizational Unit's Preliminary Resources are
4    equal to the sum of its Local Capacity Target, CPPRT, and
5    Base Funding Minimum. An Organizational Unit's Preliminary
6    Percent of Adequacy is the lesser of (i) its Preliminary
7    Resources divided by its Adequacy Target or (ii) 100%.
8        (3) Except for Specially Funded Units, an
9    Organizational Unit's Final Resources are equal the sum of
10    its Local Capacity, CPPRT, and Adjusted Base Funding
11    Minimum. The Base Funding Minimum of each Specially Funded
12    Unit shall serve as its Final Resources, except that the
13    Base Funding Minimum for State-approved charter schools
14    shall not include any portion of general State aid
15    allocated in the prior year based on the per capita tuition
16    charge times the charter school enrollment.
17        (4) An Organizational Unit's Final Percent of Adequacy
18    is its Final Resources divided by its Adequacy Target. An
19    Organizational Unit's Adjusted Base Funding Minimum is
20    equal to its Base Funding Minimum less its Supplemental
21    Grant Funding, with the resulting figure added to the
22    product of its Supplemental Grant Funding and Preliminary
23    Percent of Adequacy.
24    (g) Evidence-Based Funding formula distribution system.
25        (1) In each school year under the Evidence-Based
26    Funding formula, each Organizational Unit receives funding

 

 

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1    equal to the sum of its Base Funding Minimum and the unit's
2    allocation of New State Funds determined pursuant to this
3    subsection (g). To allocate New State Funds, the
4    Evidence-Based Funding formula distribution system first
5    places all Organizational Units into one of 4 tiers in
6    accordance with paragraph (3) of this subsection (g), based
7    on the Organizational Unit's Final Percent of Adequacy. New
8    State Funds are allocated to each of the 4 tiers as
9    follows: Tier 1 Aggregate Funding equals 50% of all New
10    State Funds, Tier 2 Aggregate Funding equals 49% of all New
11    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
12    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
13    of all New State Funds. Each Organizational Unit within
14    Tier 1 or Tier 2 receives an allocation of New State Funds
15    equal to its tier Funding Gap, as defined in the following
16    sentence, multiplied by the tier's Allocation Rate
17    determined pursuant to paragraph (4) of this subsection
18    (g). For Tier 1, an Organizational Unit's Funding Gap
19    equals the tier's Target Ratio, as specified in paragraph
20    (5) of this subsection (g), multiplied by the
21    Organizational Unit's Adequacy Target, with the resulting
22    amount reduced by the Organizational Unit's Final
23    Resources. For Tier 2, an Organizational Unit's Funding Gap
24    equals the tier's Target Ratio, as described in paragraph
25    (5) of this subsection (g), multiplied by the
26    Organizational Unit's Adequacy Target, with the resulting

 

 

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1    amount reduced by the Organizational Unit's Final
2    Resources and its Tier 1 funding allocation. To determine
3    the Organizational Unit's Funding Gap, the resulting
4    amount is then multiplied by a factor equal to one minus
5    the Organizational Unit's Local Capacity Target
6    percentage. Each Organizational Unit within Tier 3 or Tier
7    4 receives an allocation of New State Funds equal to the
8    product of its Adequacy Target and the tier's Allocation
9    Rate, as specified in paragraph (4) of this subsection (g).
10        (2) To ensure equitable distribution of dollars for all
11    Tier 2 Organizational Units, no Tier 2 Organizational Unit
12    shall receive fewer dollars per ASE than any Tier 3
13    Organizational Unit. Each Tier 2 and Tier 3 Organizational
14    Unit shall have its funding allocation divided by its ASE.
15    Any Tier 2 Organizational Unit with a funding allocation
16    per ASE below the greatest Tier 3 allocation per ASE shall
17    get a funding allocation equal to the greatest Tier 3
18    funding allocation per ASE multiplied by the
19    Organizational Unit's ASE. Each Tier 2 Organizational
20    Unit's Tier 2 funding allocation shall be multiplied by the
21    percentage calculated by dividing the original Tier 2
22    Aggregate Funding by the sum of all Tier 2 Organizational
23    Units' Unit's Tier 2 funding allocation after adjusting
24    districts' funding below Tier 3 levels.
25        (3) Organizational Units are placed into one of 4 tiers
26    as follows:

 

 

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1            (A) Tier 1 consists of all Organizational Units,
2        except for Specially Funded Units, with a Percent of
3        Adequacy less than the Tier 1 Target Ratio. The Tier 1
4        Target Ratio is the ratio level that allows for Tier 1
5        Aggregate Funding to be distributed, with the Tier 1
6        Allocation Rate determined pursuant to paragraph (4)
7        of this subsection (g).
8            (B) Tier 2 consists of all Tier 1 Units and all
9        other Organizational Units, except for Specially
10        Funded Units, with a Percent of Adequacy of less than
11        0.90.
12            (C) Tier 3 consists of all Organizational Units,
13        except for Specially Funded Units, with a Percent of
14        Adequacy of at least 0.90 and less than 1.0.
15            (D) Tier 4 consists of all Organizational Units
16        with a Percent of Adequacy of at least 1.0.
17        (4) The Allocation Rates for Tiers 1 through 4 are is
18    determined as follows:
19            (A) The Tier 1 Allocation Rate is 30%.
20            (B) The Tier 2 Allocation Rate is the result of the
21        following equation: Tier 2 Aggregate Funding, divided
22        by the sum of the Funding Gaps for all Tier 2
23        Organizational Units, unless the result of such
24        equation is higher than 1.0. If the result of such
25        equation is higher than 1.0, then the Tier 2 Allocation
26        Rate is 1.0.

 

 

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1            (C) The Tier 3 Allocation Rate is the result of the
2        following equation: Tier 3 Aggregate Funding, divided
3        by the sum of the Adequacy Targets of all Tier 3
4        Organizational Units.
5            (D) The Tier 4 Allocation Rate is the result of the
6        following equation: Tier 4 Aggregate Funding, divided
7        by the sum of the Adequacy Targets of all Tier 4
8        Organizational Units.
9        (5) A tier's Target Ratio is determined as follows:
10            (A) The Tier 1 Target Ratio is the ratio level that
11        allows for Tier 1 Aggregate Funding to be distributed
12        with the Tier 1 Allocation Rate.
13            (B) The Tier 2 Target Ratio is 0.90.
14            (C) The Tier 3 Target Ratio is 1.0.
15        (6) If, at any point, the Tier 1 Target Ratio is
16    greater than 90%, than all Tier 1 funding shall be
17    allocated to Tier 2 and no Tier 1 Organizational Unit's
18    funding may be identified.
19        (7) In the event that all Tier 2 Organizational Units
20    receive funding at the Tier 2 Target Ratio level, any
21    remaining New State Funds shall be allocated to Tier 3 and
22    Tier 4 Organizational Units.
23        (8) If any Specially Funded Units, excluding Glenwood
24    Academy, recognized by the State Board do not qualify for
25    direct funding following the implementation of Public Act
26    100-465 this amendatory Act of the 100th General Assembly

 

 

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1    from any of the funding sources included within the
2    definition of Base Funding Minimum, the unqualified
3    portion of the Base Funding Minimum shall be transferred to
4    one or more appropriate Organizational Units as determined
5    by the State Superintendent based on the prior year ASE of
6    the Organizational Units.
7        (8.5) If a school district withdraws from a special
8    education cooperative, the portion of the Base Funding
9    Minimum that is attributable to the school district may be
10    redistributed to the school district upon withdrawal. The
11    school district and the cooperative must include the amount
12    of the Base Funding Minimum that is to be reapportioned
13    re-apportioned in their withdrawal agreement and notify
14    the State Board of the change with a copy of the agreement
15    upon withdrawal.
16        (9) The Minimum Funding Level is intended to establish
17    a target for State funding that will keep pace with
18    inflation and continue to advance equity through the
19    Evidence-Based Funding formula. The target for State
20    funding of New Property Tax Relief Pool Funds is
21    $50,000,000 for State fiscal year 2019 and subsequent State
22    fiscal years. The Minimum Funding Level is equal to
23    $350,000,000. In addition to any New State Funds, no more
24    than $50,000,000 New Property Tax Relief Pool Funds may be
25    counted toward towards the Minimum Funding Level. If the
26    sum of New State Funds and applicable New Property Tax

 

 

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1    Relief Pool Funds are less than the Minimum Funding Level,
2    than funding for tiers shall be reduced in the following
3    manner:
4            (A) First, Tier 4 funding shall be reduced by an
5        amount equal to the difference between the Minimum
6        Funding Level and New State Funds until such time as
7        Tier 4 funding is exhausted.
8            (B) Next, Tier 3 funding shall be reduced by an
9        amount equal to the difference between the Minimum
10        Funding Level and New State Funds and the reduction in
11        Tier 4 funding until such time as Tier 3 funding is
12        exhausted.
13            (C) Next, Tier 2 funding shall be reduced by an
14        amount equal to the difference between the Minimum
15        Funding Level level and New new State Funds and the
16        reduction in Tier 4 and Tier 3.
17            (D) Finally, Tier 1 funding shall be reduced by an
18        amount equal to the difference between the Minimum
19        Funding level and New State Funds and the reduction in
20        Tier 2, 3, and 4 funding. In addition, the Allocation
21        Rate for Tier 1 shall be reduced to a percentage equal
22        to the Tier 1 Allocation Rate allocation rate set by
23        paragraph (4) of this subsection (g), multiplied by the
24        result of New State Funds divided by the Minimum
25        Funding Level.
26        (9.5) For State fiscal year 2019 and subsequent State

 

 

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1    fiscal years, if New State Funds exceed $300,000,000, then
2    any amount in excess of $300,000,000 shall be dedicated for
3    purposes of Section 2-3.170 of this Code up to a maximum of
4    $50,000,000.
5        (10) In the event of a decrease in the amount of the
6    appropriation for this Section in any fiscal year after
7    implementation of this Section, the Organizational Units
8    receiving Tier 1 and Tier 2 funding, as determined under
9    paragraph (3) of this subsection (g), shall be held
10    harmless by establishing a Base Funding Guarantee equal to
11    the per pupil kindergarten through grade 12 funding
12    received in accordance with this Section in the prior
13    fiscal year. Reductions shall be made to the Base Funding
14    Minimum of Organizational Units in Tier 3 and Tier 4 on a
15    per pupil basis equivalent to the total number of the ASE
16    in Tier 3-funded and Tier 4-funded Organizational Units
17    divided by the total reduction in State funding. The Base
18    Funding Minimum as reduced shall continue to be applied to
19    Tier 3 and Tier 4 Organizational Units and adjusted by the
20    relative formula when increases in appropriations for this
21    Section resume. In no event may State funding reductions to
22    Organizational Units in Tier 3 or Tier 4 exceed an amount
23    that would be less than the Base Funding Minimum
24    established in the first year of implementation of this
25    Section. If additional reductions are required, all school
26    districts shall receive a reduction by a per pupil amount

 

 

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1    equal to the aggregate additional appropriation reduction
2    divided by the total ASE of all Organizational Units.
3        (11) The State Superintendent shall make minor
4    adjustments to the distribution formula set forth in this
5    subsection (g) to account for the rounding of percentages
6    to the nearest tenth of a percentage and dollar amounts to
7    the nearest whole dollar.
8    (h) State Superintendent administration of funding and
9district submission requirements.
10        (1) The State Superintendent shall, in accordance with
11    appropriations made by the General Assembly, meet the
12    funding obligations created under this Section.
13        (2) The State Superintendent shall calculate the
14    Adequacy Target for each Organizational Unit and Net State
15    Contribution Target for each Organizational Unit under
16    this Section. No Evidence-Based Funding shall be
17    distributed within an Organizational Unit without the
18    approval of the unit's school board.
19        (3) Annually, the State Superintendent shall calculate
20    and report to each Organizational Unit the unit's aggregate
21    financial adequacy amount, which shall be the sum of the
22    Adequacy Target for each Organizational Unit. The State
23    Superintendent shall calculate and report separately for
24    each Organizational Unit the unit's total State funds
25    allocated for its students with disabilities. The State
26    Superintendent shall calculate and report separately for

 

 

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1    each Organizational Unit the amount of funding and
2    applicable FTE calculated for each Essential Element of the
3    unit's Adequacy Target.
4        (4) Annually, the State Superintendent shall calculate
5    and report to each Organizational Unit the amount the unit
6    must expend on special education and bilingual education
7    and computer technology and equipment for Organizational
8    Units assigned to Tier 1 or Tier 2 that received an
9    additional $285.50 per student computer technology and
10    equipment investment grant to their Adequacy Target
11    pursuant to the unit's Base Funding Minimum, Special
12    Education Allocation, Bilingual Education Allocation, and
13    computer technology and equipment investment allocation.
14        (5) Moneys distributed under this Section shall be
15    calculated on a school year basis, but paid on a fiscal
16    year basis, with payments beginning in August and extending
17    through June. Unless otherwise provided, the moneys
18    appropriated for each fiscal year shall be distributed in
19    22 equal payments at least 2 times monthly to each
20    Organizational Unit. If moneys appropriated for any fiscal
21    year are distributed other than monthly, the distribution
22    shall be on the same basis for each Organizational Unit.
23        (6) Any school district that fails, for any given
24    school year, to maintain school as required by law or to
25    maintain a recognized school is not eligible to receive
26    Evidence-Based Funding. In case of non-recognition of one

 

 

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1    or more attendance centers in a school district otherwise
2    operating recognized schools, the claim of the district
3    shall be reduced in the proportion that the enrollment in
4    the attendance center or centers bears to the enrollment of
5    the school district. "Recognized school" means any public
6    school that meets the standards for recognition by the
7    State Board. A school district or attendance center not
8    having recognition status at the end of a school term is
9    entitled to receive State aid payments due upon a legal
10    claim that was filed while it was recognized.
11        (7) School district claims filed under this Section are
12    subject to Sections 18-9 and 18-12 of this Code, except as
13    otherwise provided in this Section.
14        (8) Each fiscal year, the State Superintendent shall
15    calculate for each Organizational Unit an amount of its
16    Base Funding Minimum and Evidence-Based Funding that shall
17    be deemed attributable to the provision of special
18    educational facilities and services, as defined in Section
19    14-1.08 of this Code, in a manner that ensures compliance
20    with maintenance of State financial support requirements
21    under the federal Individuals with Disabilities Education
22    Act. An Organizational Unit must use such funds only for
23    the provision of special educational facilities and
24    services, as defined in Section 14-1.08 of this Code, and
25    must comply with any expenditure verification procedures
26    adopted by the State Board.

 

 

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1        (9) All Organizational Units in this State must submit
2    annual spending plans by the end of September of each year
3    to the State Board as part of the annual budget process,
4    which shall describe how each Organizational Unit will
5    utilize the Base Funding Minimum Funding and
6    Evidence-Based Funding funding it receives from this State
7    under this Section with specific identification of the
8    intended utilization of Low-Income, English learner, and
9    special education resources. Additionally, the annual
10    spending plans of each Organizational Unit shall describe
11    how the Organizational Unit expects to achieve student
12    growth and how the Organizational Unit will achieve State
13    education goals, as defined by the State Board. The State
14    Superintendent may, from time to time, identify additional
15    requisites for Organizational Units to satisfy when
16    compiling the annual spending plans required under this
17    subsection (h). The format and scope of annual spending
18    plans shall be developed by the State Superintendent and
19    the State Board of Education. School districts that serve
20    students under Article 14C of this Code shall continue to
21    submit information as required under Section 14C-12 of this
22    Code.
23        (10) No later than January 1, 2018, the State
24    Superintendent shall develop a 5-year strategic plan for
25    all Organizational Units to help in planning for adequacy
26    funding under this Section. The State Superintendent shall

 

 

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1    submit the plan to the Governor and the General Assembly,
2    as provided in Section 3.1 of the General Assembly
3    Organization Act. The plan shall include recommendations
4    for:
5            (A) a framework for collaborative, professional,
6        innovative, and 21st century learning environments
7        using the Evidence-Based Funding model;
8            (B) ways to prepare and support this State's
9        educators for successful instructional careers;
10            (C) application and enhancement of the current
11        financial accountability measures, the approved State
12        plan to comply with the federal Every Student Succeeds
13        Act, and the Illinois Balanced Accountability Measures
14        in relation to student growth and elements of the
15        Evidence-Based Funding model; and
16            (D) implementation of an effective school adequacy
17        funding system based on projected and recommended
18        funding levels from the General Assembly.
19        (11) On an annual basis, the State Superintendent must
20    recalibrate all of the following per pupil elements of the
21    Adequacy Target and applied to the formulas, based on the
22    study of average expenses and as reported in the most
23    recent annual financial report:
24            (A) Gifted under subparagraph (M) of paragraph (2)
25        of subsection (b).
26            (B) Instructional materials under subparagraph (O)

 

 

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1        of paragraph (2) of subsection (b).
2            (C) Assessment under subparagraph (P) of paragraph
3        (2) of subsection (b).
4            (D) Student activities under subparagraph (R) of
5        paragraph (2) of subsection (b).
6            (E) Maintenance and operations under subparagraph
7        (S) of paragraph (2) of subsection (b).
8            (F) Central office under subparagraph (T) of
9        paragraph (2) of subsection (b).
10    (i) Professional Review Panel.
11        (1) A Professional Review Panel is created to study and
12    review topics related to the implementation and effect of
13    Evidence-Based Funding, as assigned by a joint resolution
14    or Public Act of the General Assembly or a motion passed by
15    the State Board of Education. The Panel must provide
16    recommendations to and serve the Governor, the General
17    Assembly, and the State Board. The State Superintendent or
18    his or her designee must serve as a voting member and
19    chairperson of the Panel. The State Superintendent must
20    appoint a vice chairperson from the membership of the
21    Panel. The Panel must advance recommendations based on a
22    three-fifths majority vote of Panel panel members present
23    and voting. A minority opinion may also accompany any
24    recommendation of the Panel. The Panel shall be appointed
25    by the State Superintendent, except as otherwise provided
26    in paragraph (2) of this subsection (i) and include the

 

 

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1    following members:
2            (A) Two appointees that represent district
3        superintendents, recommended by a statewide
4        organization that represents district superintendents.
5            (B) Two appointees that represent school boards,
6        recommended by a statewide organization that
7        represents school boards.
8            (C) Two appointees from districts that represent
9        school business officials, recommended by a statewide
10        organization that represents school business
11        officials.
12            (D) Two appointees that represent school
13        principals, recommended by a statewide organization
14        that represents school principals.
15            (E) Two appointees that represent teachers,
16        recommended by a statewide organization that
17        represents teachers.
18            (F) Two appointees that represent teachers,
19        recommended by another statewide organization that
20        represents teachers.
21            (G) Two appointees that represent regional
22        superintendents of schools, recommended by
23        organizations that represent regional superintendents.
24            (H) Two independent experts selected solely by the
25        State Superintendent.
26            (I) Two independent experts recommended by public

 

 

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1        universities in this State.
2            (J) One member recommended by a statewide
3        organization that represents parents.
4            (K) Two representatives recommended by collective
5        impact organizations that represent major metropolitan
6        areas or geographic areas in Illinois.
7            (L) One member from a statewide organization
8        focused on research-based education policy to support
9        a school system that prepares all students for college,
10        a career, and democratic citizenship.
11            (M) One representative from a school district
12        organized under Article 34 of this Code.
13        The State Superintendent shall ensure that the
14    membership of the Panel includes representatives from
15    school districts and communities reflecting the
16    geographic, socio-economic, racial, and ethnic diversity
17    of this State. The State Superintendent shall additionally
18    ensure that the membership of the Panel includes
19    representatives with expertise in bilingual education and
20    special education. Staff from the State Board shall staff
21    the Panel.
22        (2) In addition to those Panel members appointed by the
23    State Superintendent, 4 members of the General Assembly
24    shall be appointed as follows: one member of the House of
25    Representatives appointed by the Speaker of the House of
26    Representatives, one member of the Senate appointed by the

 

 

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1    President of the Senate, one member of the House of
2    Representatives appointed by the Minority Leader of the
3    House of Representatives, and one member of the Senate
4    appointed by the Minority Leader of the Senate. There shall
5    be one additional member appointed by the Governor. All
6    members appointed by legislative leaders or the Governor
7    shall be non-voting, ex officio members.
8        (3) The Panel must study topics at the direction of the
9    General Assembly or State Board of Education, as provided
10    under paragraph (1). The Panel may also study the following
11    topics at the direction of the chairperson: (4)
12            (A) The format and scope of annual spending plans
13        referenced in paragraph (9) of subsection (h) of this
14        Section.
15            (B) The Comparable Wage Index under this Section.
16            (C) Maintenance and operations, including capital
17        maintenance and construction costs.
18            (D) "At-risk student" definition.
19            (E) Benefits.
20            (F) Technology.
21            (G) Local Capacity Target.
22            (H) Funding for Alternative Schools, Laboratory
23        Schools, safe schools, and alternative learning
24        opportunities programs.
25            (I) Funding for college and career acceleration
26        strategies.

 

 

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1            (J) Special education investments.
2            (K) Early childhood investments, in collaboration
3        with the Illinois Early Learning Council.
4        (4) (Blank).
5        (5) Within 5 years after the implementation of this
6    Section, and every 5 years thereafter, the Panel shall
7    complete an evaluative study of the entire Evidence-Based
8    Funding model, including an assessment of whether or not
9    the formula is achieving State goals. The Panel shall
10    report to the State Board, the General Assembly, and the
11    Governor on the findings of the study.
12        (6) (Blank).
13    (j) References. Beginning July 1, 2017, references in other
14laws to general State aid funds or calculations under Section
1518-8.05 of this Code (now repealed) shall be deemed to be
16references to evidence-based model formula funds or
17calculations under this Section.
18(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
19100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
206-14-19; revised 7-1-19.)
 
21    (105 ILCS 5/21A-5)
22    Sec. 21A-5. Definitions. In this Article:
23    "New teacher" means the holder of a professional educator
24license an Initial Teaching Certificate, as set forth in
25Section 21B-20 21-2 of this Code, who is employed by a public

 

 

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1school and who has not previously participated in a new teacher
2induction and mentoring program required by this Article,
3except as provided in Section 21A-25 of this Code.
4    "Public school" means any school operating pursuant to the
5authority of this Code, including without limitation a school
6district, a charter school, a cooperative or joint agreement
7with a governing body or board of control, and a school
8operated by a regional office of education or State agency.
9(Source: P.A. 93-355, eff. 1-1-04.)
 
10    (105 ILCS 5/21A-30)
11    Sec. 21A-30. Evaluation of programs. The State Board of
12Education and the State Educator Preparation and Licensure
13Teacher Certification Board shall jointly contract with an
14independent party to conduct a comprehensive evaluation of new
15teacher induction and mentoring programs established pursuant
16to this Article. The first report of this evaluation shall be
17presented to the General Assembly on or before January 1, 2009.
18Subsequent evaluations shall be conducted and reports
19presented to the General Assembly on or before January 1 of
20every third year thereafter.
21(Source: P.A. 93-355, eff. 1-1-04.)
 
22    (105 ILCS 5/21A-35)
23    Sec. 21A-35. Rules. The State Board of Education, in
24consultation with the State Educator Preparation and Licensure

 

 

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1Teacher Certification Board, shall adopt rules for the
2implementation of this Article.
3(Source: P.A. 93-355, eff. 1-1-04.)
 
4    (105 ILCS 5/21B-20)
5    Sec. 21B-20. Types of licenses. The State Board of
6Education shall implement a system of educator licensure,
7whereby individuals employed in school districts who are
8required to be licensed must have one of the following
9licenses: (i) a professional educator license; (ii) an educator
10license with stipulations; (iii) a substitute teaching
11license; or (iv) until June 30, 2023, a short-term substitute
12teaching license. References in law regarding individuals
13certified or certificated or required to be certified or
14certificated under Article 21 of this Code shall also include
15individuals licensed or required to be licensed under this
16Article. The first year of all licenses ends on June 30
17following one full year of the license being issued.
18    The State Board of Education, in consultation with the
19State Educator Preparation and Licensure Board, may adopt such
20rules as may be necessary to govern the requirements for
21licenses and endorsements under this Section.
22        (1) Professional Educator License. Persons who (i)
23    have successfully completed an approved educator
24    preparation program and are recommended for licensure by
25    the Illinois institution offering the educator preparation

 

 

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1    program, (ii) have successfully completed the required
2    testing under Section 21B-30 of this Code, (iii) have
3    successfully completed coursework on the psychology of,
4    the identification of, and the methods of instruction for
5    the exceptional child, including without limitation
6    children with learning disabilities, (iv) have
7    successfully completed coursework in methods of reading
8    and reading in the content area, and (v) have met all other
9    criteria established by rule of the State Board of
10    Education shall be issued a Professional Educator License.
11    All Professional Educator Licenses are valid until June 30
12    immediately following 5 years of the license being issued.
13    The Professional Educator License shall be endorsed with
14    specific areas and grade levels in which the individual is
15    eligible to practice. For an early childhood education
16    endorsement, an individual may satisfy the student
17    teaching requirement of his or her early childhood teacher
18    preparation program through placement in a setting with
19    children from birth through grade 2, and the individual may
20    be paid and receive credit while student teaching. The
21    student teaching experience must meet the requirements of
22    and be approved by the individual's early childhood teacher
23    preparation program.
24        Individuals can receive subsequent endorsements on the
25    Professional Educator License. Subsequent endorsements
26    shall require a minimum of 24 semester hours of coursework

 

 

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1    in the endorsement area and passage of the applicable
2    content area test, unless otherwise specified by rule.
3        (2) Educator License with Stipulations. An Educator
4    License with Stipulations shall be issued an endorsement
5    that limits the license holder to one particular position
6    or does not require completion of an approved educator
7    program or both.
8        An individual with an Educator License with
9    Stipulations must not be employed by a school district or
10    any other entity to replace any presently employed teacher
11    who otherwise would not be replaced for any reason.
12        An Educator License with Stipulations may be issued
13    with the following endorsements:
14            (A) (Blank).
15            (B) Alternative provisional educator. An
16        alternative provisional educator endorsement on an
17        Educator License with Stipulations may be issued to an
18        applicant who, at the time of applying for the
19        endorsement, has done all of the following:
20                (i) Graduated from a regionally accredited
21            college or university with a minimum of a
22            bachelor's degree.
23                (ii) Successfully completed the first phase of
24            the Alternative Educator Licensure Program for
25            Teachers, as described in Section 21B-50 of this
26            Code.

 

 

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1                (iii) Passed a content area test, as required
2            under Section 21B-30 of this Code.
3        The alternative provisional educator endorsement is
4    valid for 2 years of teaching and may be renewed for a
5    third year by an individual meeting the requirements set
6    forth in Section 21B-50 of this Code.
7            (C) Alternative provisional superintendent. An
8        alternative provisional superintendent endorsement on
9        an Educator License with Stipulations entitles the
10        holder to serve only as a superintendent or assistant
11        superintendent in a school district's central office.
12        This endorsement may only be issued to an applicant
13        who, at the time of applying for the endorsement, has
14        done all of the following:
15                (i) Graduated from a regionally accredited
16            college or university with a minimum of a master's
17            degree in a management field other than education.
18                (ii) Been employed for a period of at least 5
19            years in a management level position in a field
20            other than education.
21                (iii) Successfully completed the first phase
22            of an alternative route to superintendent
23            endorsement program, as provided in Section 21B-55
24            of this Code.
25                (iv) Passed a content area test required under
26            Section 21B-30 of this Code.

 

 

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1            The endorsement is valid for 2 fiscal years in
2        order to complete one full year of serving as a
3        superintendent or assistant superintendent.
4            (D) (Blank).
5            (E) Career and technical educator. A career and
6        technical educator endorsement on an Educator License
7        with Stipulations may be issued to an applicant who has
8        a minimum of 60 semester hours of coursework from a
9        regionally accredited institution of higher education
10        or an accredited trade and technical institution and
11        has a minimum of 2,000 hours of experience outside of
12        education in each area to be taught.
13            The career and technical educator endorsement on
14        an Educator License with Stipulations is valid until
15        June 30 immediately following 5 years of the
16        endorsement being issued and may be renewed. For
17        individuals who were issued the career and technical
18        educator endorsement on an Educator License with
19        Stipulations on or after January 1, 2015, the license
20        may be renewed if the individual passes a test of work
21        proficiency, as required under Section 21B-30 of this
22        Code.
23            An individual who holds a valid career and
24        technical educator endorsement on an Educator License
25        with Stipulations but does not hold a bachelor's degree
26        may substitute teach in career and technical education

 

 

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1        classrooms.
2            (F) Part-time provisional career and technical
3        educator or provisional career and technical educator.
4        A part-time provisional career and technical educator
5        endorsement or a provisional career and technical
6        educator endorsement on an Educator License with
7        Stipulations may be issued to an applicant who has a
8        minimum of 8,000 hours of work experience in the skill
9        for which the applicant is seeking the endorsement. It
10        is the responsibility of each employing school board
11        and regional office of education to provide
12        verification, in writing, to the State Superintendent
13        of Education at the time the application is submitted
14        that no qualified teacher holding a Professional
15        Educator License or an Educator License with
16        Stipulations with a career and technical educator
17        endorsement is available and that actual circumstances
18        require such issuance.
19            The provisional career and technical educator
20        endorsement on an Educator License with Stipulations
21        is valid until June 30 immediately following 5 years of
22        the endorsement being issued and may be renewed for 5
23        years. For individuals who were issued the provisional
24        career and technical educator endorsement on an
25        Educator License with Stipulations on or after January
26        1, 2015, the license may be renewed if the individual

 

 

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1        passes a test of work proficiency, as required under
2        Section 21B-30 of this Code.
3            A part-time provisional career and technical
4        educator endorsement on an Educator License with
5        Stipulations may be issued for teaching no more than 2
6        courses of study for grades 6 through 12. The part-time
7        provisional career and technical educator endorsement
8        on an Educator License with Stipulations is valid until
9        June 30 immediately following 5 years of the
10        endorsement being issued and may be renewed for 5 years
11        if the individual makes application for renewal.
12            An individual who holds a provisional or part-time
13        provisional career and technical educator endorsement
14        on an Educator License with Stipulations but does not
15        hold a bachelor's degree may substitute teach in career
16        and technical education classrooms.
17            (G) Transitional bilingual educator. A
18        transitional bilingual educator endorsement on an
19        Educator License with Stipulations may be issued for
20        the purpose of providing instruction in accordance
21        with Article 14C of this Code to an applicant who
22        provides satisfactory evidence that he or she meets all
23        of the following requirements:
24                (i) Possesses adequate speaking, reading, and
25            writing ability in the language other than English
26            in which transitional bilingual education is

 

 

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1            offered.
2                (ii) Has the ability to successfully
3            communicate in English.
4                (iii) Either possessed, within 5 years
5            previous to his or her applying for a transitional
6            bilingual educator endorsement, a valid and
7            comparable teaching certificate or comparable
8            authorization issued by a foreign country or holds
9            a degree from an institution of higher learning in
10            a foreign country that the State Educator
11            Preparation and Licensure Board determines to be
12            the equivalent of a bachelor's degree from a
13            regionally accredited institution of higher
14            learning in the United States.
15            A transitional bilingual educator endorsement
16        shall be valid for prekindergarten through grade 12, is
17        valid until June 30 immediately following 5 years of
18        the endorsement being issued, and shall not be renewed.
19            Persons holding a transitional bilingual educator
20        endorsement shall not be employed to replace any
21        presently employed teacher who otherwise would not be
22        replaced for any reason.
23            (H) Language endorsement. In an effort to
24        alleviate the shortage of teachers speaking a language
25        other than English in the public schools, an individual
26        who holds an Educator License with Stipulations may

 

 

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1        also apply for a language endorsement, provided that
2        the applicant provides satisfactory evidence that he
3        or she meets all of the following requirements:
4                (i) Holds a transitional bilingual
5            endorsement.
6                (ii) Has demonstrated proficiency in the
7            language for which the endorsement is to be issued
8            by passing the applicable language content test
9            required by the State Board of Education.
10                (iii) Holds a bachelor's degree or higher from
11            a regionally accredited institution of higher
12            education or, for individuals educated in a
13            country other than the United States, holds a
14            degree from an institution of higher learning in a
15            foreign country that the State Educator
16            Preparation and Licensure Board determines to be
17            the equivalent of a bachelor's degree from a
18            regionally accredited institution of higher
19            learning in the United States.
20                (iv) (Blank).
21            A language endorsement on an Educator License with
22        Stipulations is valid for prekindergarten through
23        grade 12 for the same validity period as the
24        individual's transitional bilingual educator
25        endorsement on the Educator License with Stipulations
26        and shall not be renewed.

 

 

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1            (I) Visiting international educator. A visiting
2        international educator endorsement on an Educator
3        License with Stipulations may be issued to an
4        individual who is being recruited by a particular
5        school district that conducts formal recruitment
6        programs outside of the United States to secure the
7        services of qualified teachers and who meets all of the
8        following requirements:
9                (i) Holds the equivalent of a minimum of a
10            bachelor's degree issued in the United States.
11                (ii) Has been prepared as a teacher at the
12            grade level for which he or she will be employed.
13                (iii) Has adequate content knowledge in the
14            subject to be taught.
15                (iv) Has an adequate command of the English
16            language.
17            A holder of a visiting international educator
18        endorsement on an Educator License with Stipulations
19        shall be permitted to teach in bilingual education
20        programs in the language that was the medium of
21        instruction in his or her teacher preparation program,
22        provided that he or she passes the English Language
23        Proficiency Examination or another test of writing
24        skills in English identified by the State Board of
25        Education, in consultation with the State Educator
26        Preparation and Licensure Board.

 

 

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1            A visiting international educator endorsement on
2        an Educator License with Stipulations is valid for 5 3
3        years and shall not be renewed.
4            (J) Paraprofessional educator. A paraprofessional
5        educator endorsement on an Educator License with
6        Stipulations may be issued to an applicant who holds a
7        high school diploma or its recognized equivalent and
8        either holds an associate's degree or a minimum of 60
9        semester hours of credit from a regionally accredited
10        institution of higher education or has passed a
11        paraprofessional competency test under subsection
12        (c-5) of Section 21B-30. The paraprofessional educator
13        endorsement is valid until June 30 immediately
14        following 5 years of the endorsement being issued and
15        may be renewed through application and payment of the
16        appropriate fee, as required under Section 21B-40 of
17        this Code. An individual who holds only a
18        paraprofessional educator endorsement is not subject
19        to additional requirements in order to renew the
20        endorsement.
21            (K) Chief school business official. A chief school
22        business official endorsement on an Educator License
23        with Stipulations may be issued to an applicant who
24        qualifies by having a master's degree or higher, 2
25        years of full-time administrative experience in school
26        business management or 2 years of university-approved

 

 

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1        practical experience, and a minimum of 24 semester
2        hours of graduate credit in a program approved by the
3        State Board of Education for the preparation of school
4        business administrators and by passage of the
5        applicable State tests, including an applicable
6        content area test.
7            The chief school business official endorsement may
8        also be affixed to the Educator License with
9        Stipulations of any holder who qualifies by having a
10        master's degree in business administration, finance,
11        accounting, or public administration and who completes
12        an additional 6 semester hours of internship in school
13        business management from a regionally accredited
14        institution of higher education and passes the
15        applicable State tests, including an applicable
16        content area test. This endorsement shall be required
17        for any individual employed as a chief school business
18        official.
19            The chief school business official endorsement on
20        an Educator License with Stipulations is valid until
21        June 30 immediately following 5 years of the
22        endorsement being issued and may be renewed if the
23        license holder completes renewal requirements as
24        required for individuals who hold a Professional
25        Educator License endorsed for chief school business
26        official under Section 21B-45 of this Code and such

 

 

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1        rules as may be adopted by the State Board of
2        Education.
3            The State Board of Education shall adopt any rules
4        necessary to implement Public Act 100-288.
5            (L) Provisional in-state educator. A provisional
6        in-state educator endorsement on an Educator License
7        with Stipulations may be issued to a candidate who has
8        completed an Illinois-approved educator preparation
9        program at an Illinois institution of higher education
10        and who has not successfully completed an
11        evidence-based assessment of teacher effectiveness but
12        who meets all of the following requirements:
13                (i) Holds at least a bachelor's degree.
14                (ii) Has completed an approved educator
15            preparation program at an Illinois institution.
16                (iii) Has passed an applicable content area
17            test, as required by Section 21B-30 of this Code.
18                (iv) Has attempted an evidence-based
19            assessment of teacher effectiveness and received a
20            minimum score on that assessment, as established
21            by the State Board of Education in consultation
22            with the State Educator Preparation and Licensure
23            Board.
24            A provisional in-state educator endorsement on an
25        Educator License with Stipulations is valid for one
26        full fiscal year after the date of issuance and may not

 

 

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1        be renewed.
2            (M) (Blank). School support personnel intern. A
3        school support personnel intern endorsement on an
4        Educator License with Stipulations may be issued as
5        specified by rule.
6            (N) Specialized services Special education area. A
7        specialized services special education area
8        endorsement on an Educator License with Stipulations
9        may be issued as defined and specified by rule.
10        (3) Substitute Teaching License. A Substitute Teaching
11    License may be issued to qualified applicants for
12    substitute teaching in all grades of the public schools,
13    prekindergarten through grade 12. Substitute Teaching
14    Licenses are not eligible for endorsements. Applicants for
15    a Substitute Teaching License must hold a bachelor's degree
16    or higher from a regionally accredited institution of
17    higher education.
18        Substitute Teaching Licenses are valid for 5 years.
19        Substitute Teaching Licenses are valid for substitute
20    teaching in every county of this State. If an individual
21    has had his or her Professional Educator License or
22    Educator License with Stipulations suspended or revoked,
23    then that individual is not eligible to obtain a Substitute
24    Teaching License.
25        A substitute teacher may only teach in the place of a
26    licensed teacher who is under contract with the employing

 

 

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1    board. If, however, there is no licensed teacher under
2    contract because of an emergency situation, then a district
3    may employ a substitute teacher for no longer than 30
4    calendar days per each vacant position in the district if
5    the district notifies the appropriate regional office of
6    education within 5 business days after the employment of
7    the substitute teacher in the emergency situation. An
8    emergency situation is one in which an unforeseen vacancy
9    has occurred and (i) a teacher is unable to fulfill his or
10    her contractual duties or (ii) teacher capacity needs of
11    the district exceed previous indications, and the district
12    is actively engaged in advertising to hire a fully licensed
13    teacher for the vacant position.
14        There is no limit on the number of days that a
15    substitute teacher may teach in a single school district,
16    provided that no substitute teacher may teach for longer
17    than 90 school days for any one licensed teacher under
18    contract in the same school year. A substitute teacher who
19    holds a Professional Educator License or Educator License
20    with Stipulations shall not teach for more than 120 school
21    days for any one licensed teacher under contract in the
22    same school year. The limitations in this paragraph (3) on
23    the number of days a substitute teacher may be employed do
24    not apply to any school district operating under Article 34
25    of this Code.
26        A school district may not require an individual who

 

 

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1    holds a valid Professional Educator License or Educator
2    License with Stipulations to seek or hold a Substitute
3    Teaching License to teach as a substitute teacher.
4        (4) Short-Term Substitute Teaching License. Beginning
5    on July 1, 2018 and until June 30, 2023, the State Board of
6    Education may issue a Short-Term Substitute Teaching
7    License. A Short-Term Substitute Teaching License may be
8    issued to a qualified applicant for substitute teaching in
9    all grades of the public schools, prekindergarten through
10    grade 12. Short-Term Substitute Teaching Licenses are not
11    eligible for endorsements. Applicants for a Short-Term
12    Substitute Teaching License must hold an associate's
13    degree or have completed at least 60 credit hours from a
14    regionally accredited institution of higher education.
15        Short-Term Substitute Teaching Licenses are valid for
16    substitute teaching in every county of this State. If an
17    individual has had his or her Professional Educator License
18    or Educator License with Stipulations suspended or
19    revoked, then that individual is not eligible to obtain a
20    Short-Term Substitute Teaching License.
21        The provisions of Sections 10-21.9 and 34-18.5 of this
22    Code apply to short-term substitute teachers.
23        An individual holding a Short-Term Substitute Teaching
24    License may teach no more than 5 consecutive days per
25    licensed teacher who is under contract. For teacher
26    absences lasting 6 or more days per licensed teacher who is

 

 

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1    under contract, a school district may not hire an
2    individual holding a Short-Term Substitute Teaching
3    License. An individual holding a Short-Term Substitute
4    Teaching License must complete the training program under
5    Section 10-20.67 or 34-18.60 of this Code to be eligible to
6    teach at a public school. This paragraph (4) is inoperative
7    on and after July 1, 2023.
8(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288,
9eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18;
10100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff.
118-7-19; 101-594, eff. 12-5-19.)
 
12    (105 ILCS 5/21B-35)
13    Sec. 21B-35. Minimum requirements for educators trained in
14other states or countries.
15    (a) Any applicant who has not been entitled by an
16Illinois-approved educator preparation program at an Illinois
17institution of higher education applying for a Professional
18Educator License endorsed in a teaching field or school support
19personnel area must meet the following requirements:
20        (1) the applicant must:
21            (A) hold a comparable and valid educator license or
22        certificate, as defined by rule, with similar grade
23        level and content area credentials from another state,
24        with the State Board of Education having the authority
25        to determine what constitutes similar grade level and

 

 

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1        content area credentials from another state; and
2            (B) have a bachelor's degree from a regionally
3        accredited institution of higher education; and or
4            (C) have demonstrated proficiency in the English
5        language by either passing the English language
6        proficiency test required by the State Board of
7        Education or providing evidence of completing a
8        postsecondary degree at an institution in which the
9        mode of instruction was English; or
10        (2) the applicant must:
11            (A) have completed a state-approved program for
12        the licensure area sought, including coursework
13        concerning methods of instruction of the exceptional
14        child, methods of reading and reading in the content
15        area, and instructional strategies for English
16        learners;
17            (B) have a bachelor's degree from a regionally
18        accredited institution of higher education;
19            (C) have successfully met all Illinois examination
20        requirements, except that:
21                (i) (blank);
22                (ii) an applicant who has successfully
23            completed a test of content, as defined by rules,
24            at the time of initial licensure in another state
25            is not required to complete a test of content; and
26                (iii) an applicant for a teaching endorsement

 

 

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1            who has successfully completed an evidence-based
2            assessment of teacher effectiveness, as defined by
3            rules, at the time of initial licensure in another
4            state is not required to complete an
5            evidence-based assessment of teacher
6            effectiveness; and
7            (D) for an applicant for a teaching endorsement,
8        have completed student teaching or an equivalent
9        experience or, for an applicant for a school service
10        personnel endorsement, have completed an internship or
11        an equivalent experience.
12    (b) In order to receive a Professional Educator License
13endorsed in a teaching field or school support personnel area,
14applicants trained in another country must meet all of the
15following requirements:
16        (1) Have completed a comparable education program in
17    another country.
18        (2) Have had transcripts evaluated by an evaluation
19    service approved by the State Superintendent of Education.
20        (3) Have a degree comparable to a degree from a
21    regionally accredited institution of higher education.
22        (4) Have completed coursework aligned to standards
23    concerning methods of instruction of the exceptional
24    child, methods of reading and reading in the content area,
25    and instructional strategies for English learners.
26        (5) (Blank).

 

 

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1        (6) (Blank).
2        (7) Have successfully met all State licensure
3    examination requirements. Applicants who have successfully
4    completed a test of content, as defined by rules, at the
5    time of initial licensure in another country shall not be
6    required to complete a test of content. Applicants for a
7    teaching endorsement who have successfully completed an
8    evidence-based assessment of teacher effectiveness, as
9    defined by rules, at the time of initial licensure in
10    another country shall not be required to complete an
11    evidence-based assessment of teacher effectiveness.
12        (8) Have completed student teaching or an equivalent
13    experience.
14        (9) Have demonstrated proficiency in the English
15    language by either passing the English language
16    proficiency test required by the State Board of Education
17    or providing evidence of completing a postsecondary degree
18    at an institution in which the mode of instruction was
19    English.
20    (b-5) All applicants who have not been entitled by an
21Illinois-approved educator preparation program at an Illinois
22institution of higher education and applicants trained in
23another country applying for a Professional Educator License
24endorsed for principal or superintendent must hold a master's
25degree from a regionally accredited institution of higher
26education, pass the English language proficiency test required

 

 

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1by the State Board of Education, and must hold a comparable and
2valid educator license or certificate with similar grade level
3and subject matter credentials, with the State Board of
4Education having the authority to determine what constitutes
5similar grade level and subject matter credentials from another
6state, or must meet all of the following requirements:
7        (1) Have completed an educator preparation program
8    approved by another state or comparable educator program in
9    another country leading to the receipt of a license or
10    certificate for the Illinois endorsement sought.
11        (2) Have successfully met all State licensure
12    examination requirements, as required by Section 21B-30 of
13    this Code. Applicants who have successfully completed a
14    test of content, as defined by rules, at the time of
15    initial licensure in another state or country shall not be
16    required to complete a test of content.
17        (2.5) Have completed an internship, as defined by rule.
18        (3) (Blank).
19        (4) Have completed coursework aligned to standards
20    concerning methods of instruction of the exceptional
21    child, methods of reading and reading in the content area,
22    and instructional strategies for English learners.
23        (4.5) Have demonstrated proficiency in the English
24    language by either passing the English language
25    proficiency test required by the State Board of Education
26    or providing evidence of completing a postsecondary degree

 

 

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1    at an institution in which the mode of instruction was
2    English.
3        (5) Have completed a master's degree.
4        (6) Have successfully completed teaching, school
5    support, or administrative experience as defined by rule.
6    (b-7) All applicants who have not been entitled by an
7Illinois-approved educator preparation program at an Illinois
8institution of higher education applying for a Professional
9Educator License endorsed for Director of Special Education
10must hold a master's degree from a regionally accredited
11institution of higher education and must hold a comparable and
12valid educator license or certificate with similar grade level
13and subject matter credentials, with the State Board of
14Education having the authority to determine what constitutes
15similar grade level and subject matter credentials from another
16state, or must meet all of the following requirements:
17        (1) Have completed a master's degree.
18        (2) Have 2 years of full-time experience providing
19    special education services.
20        (3) Have successfully completed all examination
21    requirements, as required by Section 21B-30 of this Code.
22    Applicants who have successfully completed a test of
23    content, as identified by rules, at the time of initial
24    licensure in another state or country shall not be required
25    to complete a test of content.
26        (4) Have completed coursework aligned to standards

 

 

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1    concerning methods of instruction of the exceptional
2    child, methods of reading and reading in the content area,
3    and instructional strategies for English learners.
4    (b-10) All applicants who have not been entitled by an
5Illinois-approved educator preparation program at an Illinois
6institution of higher education applying for a Professional
7Educator License endorsed for chief school business official
8must hold a master's degree from a regionally accredited
9institution of higher education and must hold a comparable and
10valid educator license or certificate with similar grade level
11and subject matter credentials, with the State Board of
12Education having the authority to determine what constitutes
13similar grade level and subject matter credentials from another
14state, or must meet all of the following requirements:
15        (1) Have completed a master's degree in school business
16    management, finance, or accounting.
17        (2) Have successfully completed an internship in
18    school business management or have 2 years of experience as
19    a school business administrator.
20        (3) Have successfully met all State examination
21    requirements, as required by Section 21B-30 of this Code.
22    Applicants who have successfully completed a test of
23    content, as identified by rules, at the time of initial
24    licensure in another state or country shall not be required
25    to complete a test of content.
26        (4) Have completed modules aligned to standards

 

 

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1    concerning methods of instruction of the exceptional
2    child, methods of reading and reading in the content area,
3    and instructional strategies for English learners.
4    (c) The State Board of Education, in consultation with the
5State Educator Preparation and Licensure Board, may adopt such
6rules as may be necessary to implement this Section.
7(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18;
8100-596, eff. 7-1-18; 101-220, eff. 8-7-19.)
 
9    (105 ILCS 5/21B-45)
10    Sec. 21B-45. Professional Educator License renewal.
11    (a) Individuals holding a Professional Educator License
12are required to complete the licensure renewal requirements as
13specified in this Section, unless otherwise provided in this
14Code.
15    Individuals holding a Professional Educator License shall
16meet the renewal requirements set forth in this Section, unless
17otherwise provided in this Code. If an individual holds a
18license endorsed in more than one area that has different
19renewal requirements, that individual shall follow the renewal
20requirements for the position for which he or she spends the
21majority of his or her time working.
22    (b) All Professional Educator Licenses not renewed as
23provided in this Section shall lapse on September 1 of that
24year. Notwithstanding any other provisions of this Section, if
25a license holder's electronic mail address is available, the

 

 

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1State Board of Education shall send him or her notification
2electronically that his or her license will lapse if not
3renewed, to be sent no more than 6 months prior to the license
4lapsing. Lapsed licenses may be immediately reinstated upon (i)
5payment by the applicant of a $500 penalty to the State Board
6of Education or (ii) the demonstration of proficiency by
7completing 9 semester hours of coursework from a regionally
8accredited institution of higher education in the content area
9that most aligns with one or more of the educator's endorsement
10areas. Any and all back fees, including without limitation
11registration fees owed from the time of expiration of the
12license until the date of reinstatement, shall be paid and kept
13in accordance with the provisions in Article 3 of this Code
14concerning an institute fund and the provisions in Article 21B
15of this Code concerning fees and requirements for registration.
16Licenses not registered in accordance with Section 21B-40 of
17this Code shall lapse after a period of 6 months from the
18expiration of the last year of registration or on January 1 of
19the fiscal year following initial issuance of the license. An
20unregistered license is invalid after September 1 for
21employment and performance of services in an Illinois public or
22State-operated school or cooperative and in a charter school.
23Any license or endorsement may be voluntarily surrendered by
24the license holder. A voluntarily surrendered license shall be
25treated as a revoked license. An Educator License with
26Stipulations with only a paraprofessional endorsement does not

 

 

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1lapse.
2    (c) From July 1, 2013 through June 30, 2014, in order to
3satisfy the requirements for licensure renewal provided for in
4this Section, each professional educator licensee with an
5administrative endorsement who is working in a position
6requiring such endorsement shall complete one Illinois
7Administrators' Academy course, as described in Article 2 of
8this Code, per fiscal year.
9    (c-5) All licenses issued by the State Board of Education
10under this Article that expire on June 30, 2020 and have not
11been renewed by the end of the 2020 renewal period shall be
12extended for one year and shall expire on June 30, 2021.
13    (d) Beginning July 1, 2014, in order to satisfy the
14requirements for licensure renewal provided for in this
15Section, each professional educator licensee may create a
16professional development plan each year. The plan shall address
17one or more of the endorsements that are required of his or her
18educator position if the licensee is employed and performing
19services in an Illinois public or State-operated school or
20cooperative. If the licensee is employed in a charter school,
21the plan shall address that endorsement or those endorsements
22most closely related to his or her educator position. Licensees
23employed and performing services in any other Illinois schools
24may participate in the renewal requirements by adhering to the
25same process.
26    Except as otherwise provided in this Section, the

 

 

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1licensee's professional development activities shall align
2with one or more of the following criteria:
3        (1) activities are of a type that engage participants
4    over a sustained period of time allowing for analysis,
5    discovery, and application as they relate to student
6    learning, social or emotional achievement, or well-being;
7        (2) professional development aligns to the licensee's
8    performance;
9        (3) outcomes for the activities must relate to student
10    growth or district improvement;
11        (4) activities align to State-approved standards; and
12        (5) higher education coursework.
13    (e) For each renewal cycle, each professional educator
14licensee shall engage in professional development activities.
15Prior to renewal, the licensee shall enter electronically into
16the Educator Licensure Information System (ELIS) the name,
17date, and location of the activity, the number of professional
18development hours, and the provider's name. The following
19provisions shall apply concerning professional development
20activities:
21        (1) Each licensee shall complete a total of 120 hours
22    of professional development per 5-year renewal cycle in
23    order to renew the license, except as otherwise provided in
24    this Section.
25        (2) Beginning with his or her first full 5-year cycle,
26    any licensee with an administrative endorsement who is not

 

 

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1    working in a position requiring such endorsement is not
2    required to complete Illinois Administrators' Academy
3    courses, as described in Article 2 of this Code. Such
4    licensees must complete one Illinois Administrators'
5    Academy course within one year after returning to a
6    position that requires the administrative endorsement.
7        (3) Any licensee with an administrative endorsement
8    who is working in a position requiring such endorsement or
9    an individual with a Teacher Leader endorsement serving in
10    an administrative capacity at least 50% of the day shall
11    complete one Illinois Administrators' Academy course, as
12    described in Article 2 of this Code, each fiscal year in
13    addition to 100 hours of professional development per
14    5-year renewal cycle in accordance with this Code.
15        (4) Any licensee holding a current National Board for
16    Professional Teaching Standards (NBPTS) master teacher
17    designation shall complete a total of 60 hours of
18    professional development per 5-year renewal cycle in order
19    to renew the license.
20        (5) Licensees working in a position that does not
21    require educator licensure or working in a position for
22    less than 50% for any particular year are considered to be
23    exempt and shall be required to pay only the registration
24    fee in order to renew and maintain the validity of the
25    license.
26        (6) Licensees who are retired and qualify for benefits

 

 

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1    from a State of Illinois retirement system shall notify the
2    State Board of Education using ELIS, and the license shall
3    be maintained in retired status. For any renewal cycle in
4    which a licensee retires during the renewal cycle, the
5    licensee must complete professional development activities
6    on a prorated basis depending on the number of years during
7    the renewal cycle the educator held an active license. If a
8    licensee retires during a renewal cycle, the licensee must
9    notify the State Board of Education using ELIS that the
10    licensee wishes to maintain the license in retired status
11    and must show proof of completion of professional
12    development activities on a prorated basis for all years of
13    that renewal cycle for which the license was active. An
14    individual with a license in retired status shall not be
15    required to complete professional development activities
16    or pay registration fees until returning to a position that
17    requires educator licensure. Upon returning to work in a
18    position that requires the Professional Educator License,
19    the licensee shall immediately pay a registration fee and
20    complete renewal requirements for that year. A license in
21    retired status cannot lapse. Beginning on January 6, 2017
22    (the effective date of Public Act 99-920) through December
23    31, 2017, any licensee who has retired and whose license
24    has lapsed for failure to renew as provided in this Section
25    may reinstate that license and maintain it in retired
26    status upon providing proof to the State Board of Education

 

 

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1    using ELIS that the licensee is retired and is not working
2    in a position that requires a Professional Educator
3    License.
4        (7) For any renewal cycle in which professional
5    development hours were required, but not fulfilled, the
6    licensee shall complete any missed hours to total the
7    minimum professional development hours required in this
8    Section prior to September 1 of that year. Professional
9    development hours used to fulfill the minimum required
10    hours for a renewal cycle may be used for only one renewal
11    cycle. For any fiscal year or renewal cycle in which an
12    Illinois Administrators' Academy course was required but
13    not completed, the licensee shall complete any missed
14    Illinois Administrators' Academy courses prior to
15    September 1 of that year. The licensee may complete all
16    deficient hours and Illinois Administrators' Academy
17    courses while continuing to work in a position that
18    requires that license until September 1 of that year.
19        (8) Any licensee who has not fulfilled the professional
20    development renewal requirements set forth in this Section
21    at the end of any 5-year renewal cycle is ineligible to
22    register his or her license and may submit an appeal to the
23    State Superintendent of Education for reinstatement of the
24    license.
25        (9) If professional development opportunities were
26    unavailable to a licensee, proof that opportunities were

 

 

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1    unavailable and request for an extension of time beyond
2    August 31 to complete the renewal requirements may be
3    submitted from April 1 through June 30 of that year to the
4    State Educator Preparation and Licensure Board. If an
5    extension is approved, the license shall remain valid
6    during the extension period.
7        (10) Individuals who hold exempt licenses prior to
8    December 27, 2013 (the effective date of Public Act 98-610)
9    shall commence the annual renewal process with the first
10    scheduled registration due after December 27, 2013 (the
11    effective date of Public Act 98-610).
12        (11) Notwithstanding any other provision of this
13    subsection (e), if a licensee earns more than the required
14    number of professional development hours during a renewal
15    cycle, then the licensee may carry over any hours earned
16    from April 1 through June 30 of the last year of the
17    renewal cycle. Any hours carried over in this manner must
18    be applied to the next renewal cycle. Illinois
19    Administrators' Academy courses or hours earned in those
20    courses may not be carried over.
21    (f) At the time of renewal, each licensee shall respond to
22the required questions under penalty of perjury.
23    (f-5) The State Board of Education shall conduct random
24audits of licensees to verify a licensee's fulfillment of the
25professional development hours required under this Section.
26Upon completion of a random audit, if it is determined by the

 

 

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1State Board of Education that the licensee did not complete the
2required number of professional development hours or did not
3provide sufficient proof of completion, the licensee shall be
4notified that his or her license has lapsed. A license that has
5lapsed under this subsection may be reinstated as provided in
6subsection (b).
7    (g) The following entities shall be designated as approved
8to provide professional development activities for the renewal
9of Professional Educator Licenses:
10        (1) The State Board of Education.
11        (2) Regional offices of education and intermediate
12    service centers.
13        (3) Illinois professional associations representing
14    the following groups that are approved by the State
15    Superintendent of Education:
16            (A) school administrators;
17            (B) principals;
18            (C) school business officials;
19            (D) teachers, including special education
20        teachers;
21            (E) school boards;
22            (F) school districts;
23            (G) parents; and
24            (H) school service personnel.
25        (4) Regionally accredited institutions of higher
26    education that offer Illinois-approved educator

 

 

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1    preparation programs and public community colleges subject
2    to the Public Community College Act.
3        (5) Illinois public school districts, charter schools
4    authorized under Article 27A of this Code, and joint
5    educational programs authorized under Article 10 of this
6    Code for the purposes of providing career and technical
7    education or special education services.
8        (6) A not-for-profit organization that, as of December
9    31, 2014 (the effective date of Public Act 98-1147), has
10    had or has a grant from or a contract with the State Board
11    of Education to provide professional development services
12    in the area of English Learning to Illinois school
13    districts, teachers, or administrators.
14        (7) State agencies, State boards, and State
15    commissions.
16        (8) Museums as defined in Section 10 of the Museum
17    Disposition of Property Act.
18    (h) Approved providers under subsection (g) of this Section
19shall make available professional development opportunities
20that satisfy at least one of the following:
21        (1) increase the knowledge and skills of school and
22    district leaders who guide continuous professional
23    development;
24        (2) improve the learning of students;
25        (3) organize adults into learning communities whose
26    goals are aligned with those of the school and district;

 

 

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1        (4) deepen educator's content knowledge;
2        (5) provide educators with research-based
3    instructional strategies to assist students in meeting
4    rigorous academic standards;
5        (6) prepare educators to appropriately use various
6    types of classroom assessments;
7        (7) use learning strategies appropriate to the
8    intended goals;
9        (8) provide educators with the knowledge and skills to
10    collaborate;
11        (9) prepare educators to apply research to decision
12    making decision-making; or
13        (10) provide educators with training on inclusive
14    practices in the classroom that examines instructional and
15    behavioral strategies that improve academic and
16    social-emotional outcomes for all students, with or
17    without disabilities, in a general education setting.
18    (i) Approved providers under subsection (g) of this Section
19shall do the following:
20        (1) align professional development activities to the
21    State-approved national standards for professional
22    learning;
23        (2) meet the professional development criteria for
24    Illinois licensure renewal;
25        (3) produce a rationale for the activity that explains
26    how it aligns to State standards and identify the

 

 

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1    assessment for determining the expected impact on student
2    learning or school improvement;
3        (4) maintain original documentation for completion of
4    activities;
5        (5) provide license holders with evidence of
6    completion of activities;
7        (6) request an Illinois Educator Identification Number
8    (IEIN) for each educator during each professional
9    development activity; and
10        (7) beginning on July 1, 2019, register annually with
11    the State Board of Education prior to offering any
12    professional development opportunities in the current
13    fiscal year.
14    (j) The State Board of Education shall conduct annual
15audits of a subset of approved providers, except for school
16districts, which shall be audited by regional offices of
17education and intermediate service centers. The State Board of
18Education shall ensure that each approved provider, except for
19a school district, is audited at least once every 5 years. The
20State Board of Education may conduct more frequent audits of
21providers if evidence suggests the requirements of this Section
22or administrative rules are not being met.
23        (1) (Blank).
24        (2) Approved providers shall comply with the
25    requirements in subsections (h) and (i) of this Section by
26    annually submitting data to the State Board of Education

 

 

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1    demonstrating how the professional development activities
2    impacted one or more of the following:
3            (A) educator and student growth in regards to
4        content knowledge or skills, or both;
5            (B) educator and student social and emotional
6        growth; or
7            (C) alignment to district or school improvement
8        plans.
9        (3) The State Superintendent of Education shall review
10    the annual data collected by the State Board of Education,
11    regional offices of education, and intermediate service
12    centers in audits to determine if the approved provider has
13    met the criteria and should continue to be an approved
14    provider or if further action should be taken as provided
15    in rules.
16    (k) Registration fees shall be paid for the next renewal
17cycle between April 1 and June 30 in the last year of each
185-year renewal cycle using ELIS. If all required professional
19development hours for the renewal cycle have been completed and
20entered by the licensee, the licensee shall pay the
21registration fees for the next cycle using a form of credit or
22debit card.
23    (l) Any professional educator licensee endorsed for school
24support personnel who is employed and performing services in
25Illinois public schools and who holds an active and current
26professional license issued by the Department of Financial and

 

 

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1Professional Regulation or a national certification board, as
2approved by the State Board of Education, related to the
3endorsement areas on the Professional Educator License shall be
4deemed to have satisfied the continuing professional
5development requirements provided for in this Section. Such
6individuals shall be required to pay only registration fees to
7renew the Professional Educator License. An individual who does
8not hold a license issued by the Department of Financial and
9Professional Regulation shall complete professional
10development requirements for the renewal of a Professional
11Educator License provided for in this Section.
12    (m) Appeals to the State Educator Preparation and Licensure
13Board must be made within 30 days after receipt of notice from
14the State Superintendent of Education that a license will not
15be renewed based upon failure to complete the requirements of
16this Section. A licensee may appeal that decision to the State
17Educator Preparation and Licensure Board in a manner prescribed
18by rule.
19        (1) Each appeal shall state the reasons why the State
20    Superintendent's decision should be reversed and shall be
21    sent by certified mail, return receipt requested, to the
22    State Board of Education.
23        (2) The State Educator Preparation and Licensure Board
24    shall review each appeal regarding renewal of a license
25    within 90 days after receiving the appeal in order to
26    determine whether the licensee has met the requirements of

 

 

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1    this Section. The State Educator Preparation and Licensure
2    Board may hold an appeal hearing or may make its
3    determination based upon the record of review, which shall
4    consist of the following:
5            (A) the regional superintendent of education's
6        rationale for recommending nonrenewal of the license,
7        if applicable;
8            (B) any evidence submitted to the State
9        Superintendent along with the individual's electronic
10        statement of assurance for renewal; and
11            (C) the State Superintendent's rationale for
12        nonrenewal of the license.
13        (3) The State Educator Preparation and Licensure Board
14    shall notify the licensee of its decision regarding license
15    renewal by certified mail, return receipt requested, no
16    later than 30 days after reaching a decision. Upon receipt
17    of notification of renewal, the licensee, using ELIS, shall
18    pay the applicable registration fee for the next cycle
19    using a form of credit or debit card.
20    (n) The State Board of Education may adopt rules as may be
21necessary to implement this Section.
22(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
23100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
241-1-20; 101-531, eff. 8-23-19; revised 9-19-19.)
 
25    (105 ILCS 5/21B-50)

 

 

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1    Sec. 21B-50. Alternative Educator Licensure Program.
2    (a) There is established an alternative educator licensure
3program, to be known as the Alternative Educator Licensure
4Program for Teachers.
5    (b) The Alternative Educator Licensure Program for
6Teachers may be offered by a recognized institution approved to
7offer educator preparation programs by the State Board of
8Education, in consultation with the State Educator Preparation
9and Licensure Board.
10    The program shall be comprised of 4 phases:
11        (1) A course of study that at a minimum includes
12    instructional planning; instructional strategies,
13    including special education, reading, and English language
14    learning; classroom management; and the assessment of
15    students and use of data to drive instruction.
16        (2) A year of residency, which is a candidate's
17    assignment to a full-time teaching position or as a
18    co-teacher for one full school year. An individual must
19    hold an Educator License with Stipulations with an
20    alternative provisional educator endorsement in order to
21    enter the residency and must complete additional program
22    requirements that address required State and national
23    standards, pass the State Board's teacher performance
24    assessment no later than the end of the first semester of
25    the second year of residency before entering the second
26    residency year, as required under phase (3) of this

 

 

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1    subsection (b), and be recommended by the principal or
2    qualified equivalent of a principal, as required under
3    subsection (d) of this Section, and the program coordinator
4    to continue with the second year of the residency.
5        (3) A second year of residency, which shall include the
6    candidate's assignment to a full-time teaching position
7    for one school year. The candidate must be assigned an
8    experienced teacher to act as a mentor and coach the
9    candidate through the second year of residency.
10        (4) A comprehensive assessment of the candidate's
11    teaching effectiveness, as evaluated by the principal or
12    qualified equivalent of a principal, as required under
13    subsection (d) of this Section, and the program
14    coordinator, at the end of the second year of residency. If
15    there is disagreement between the 2 evaluators about the
16    candidate's teaching effectiveness, the candidate may
17    complete one additional year of residency teaching under a
18    professional development plan developed by the principal
19    or qualified equivalent and the preparation program. At the
20    completion of the third year, a candidate must have
21    positive evaluations and a recommendation for full
22    licensure from both the principal or qualified equivalent
23    and the program coordinator or no Professional Educator
24    License shall be issued.
25    Successful completion of the program shall be deemed to
26satisfy any other practice or student teaching and content

 

 

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1matter requirements established by law.
2    (c) An alternative provisional educator endorsement on an
3Educator License with Stipulations is valid for 2 years of
4teaching in the public schools, including without limitation a
5preschool educational program under Section 2-3.71 of this Code
6or charter school, or in a State-recognized nonpublic school in
7which the chief administrator is required to have the licensure
8necessary to be a principal in a public school in this State
9and in which a majority of the teachers are required to have
10the licensure necessary to be instructors in a public school in
11this State, but may be renewed for a third year if needed to
12complete the Alternative Educator Licensure Program for
13Teachers. The endorsement shall be issued only once to an
14individual who meets all of the following requirements:
15        (1) Has graduated from a regionally accredited college
16    or university with a bachelor's degree or higher.
17        (2) Has a cumulative grade point average of 3.0 or
18    greater on a 4.0 scale or its equivalent on another scale.
19        (3) Has completed a major in the content area if
20    seeking a middle or secondary level endorsement or, if
21    seeking an early childhood, elementary, or special
22    education endorsement, has completed a major in the content
23    area of reading, English/language arts, mathematics, or
24    one of the sciences. If the individual does not have a
25    major in a content area for any level of teaching, he or
26    she must submit transcripts to the State Board of Education

 

 

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1    to be reviewed for equivalency.
2        (4) Has successfully completed phase (1) of subsection
3    (b) of this Section.
4        (5) Has passed a content area test required for the
5    specific endorsement for admission into the program, as
6    required under Section 21B-30 of this Code.
7    A candidate possessing the alternative provisional
8educator endorsement may receive a salary, benefits, and any
9other terms of employment offered to teachers in the school who
10are members of an exclusive bargaining representative, if any,
11but a school is not required to provide these benefits during
12the years of residency if the candidate is serving only as a
13co-teacher. If the candidate is serving as the teacher of
14record, the candidate must receive a salary, benefits, and any
15other terms of employment. Residency experiences must not be
16counted towards tenure.
17    (d) The recognized institution offering the Alternative
18Educator Licensure Program for Teachers must partner with a
19school district, including without limitation a preschool
20educational program under Section 2-3.71 of this Code or
21charter school, or a State-recognized, nonpublic school in this
22State in which the chief administrator is required to have the
23licensure necessary to be a principal in a public school in
24this State and in which a majority of the teachers are required
25to have the licensure necessary to be instructors in a public
26school in this State. A recognized institution that partners

 

 

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1with a public school district administering a preschool
2educational program under Section 2-3.71 of this Code must
3require a principal to recommend or evaluate candidates in the
4program. A recognized institution that partners with an
5eligible entity administering a preschool educational program
6under Section 2-3.71 of this Code and that is not a public
7school district must require a principal or qualified
8equivalent of a principal to recommend or evaluate candidates
9in the program. The program presented for approval by the State
10Board of Education must demonstrate the supports that are to be
11provided to assist the provisional teacher during the 2-year
12residency period. These supports must provide additional
13contact hours with mentors during the first year of residency.
14    (e) Upon completion of the 4 phases outlined in subsection
15(b) of this Section and all assessments required under Section
1621B-30 of this Code, an individual shall receive a Professional
17Educator License.
18    (f) The State Board of Education, in consultation with the
19State Educator Preparation and Licensure Board, may adopt such
20rules as may be necessary to establish and implement the
21Alternative Educator Licensure Program for Teachers.
22(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
23101-220, eff. 8-7-19; 101-570, eff. 8-23-19; revised 9-19-19.)
 
24    (105 ILCS 5/21B-110 new)
25    Sec. 21B-110. Public health emergency declaration.

 

 

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1    (a) This Section applies only during any time in which the
2Governor has declared a public health emergency under Section 7
3of the Illinois Emergency Management Agency Act.
4    (b) Notwithstanding any other requirements under this
5Article, the requirements under subsection (f) of Section
621B-30 are waived for an applicant seeking an educator license.
7    (c) Notwithstanding any other requirements under this
8Article, during the implementation of remote learning days
9under Section 10-30, a candidate seeking an educator license
10may:
11        (1) complete his or her required student teaching or
12    equivalent experience remotely; or
13        (2) complete his or her required school business
14    management internship remotely.
 
15    (105 ILCS 5/21B-115 new)
16    Sec. 21B-115. Spring 2020 student teaching or internship.
17Notwithstanding any other requirements under this Article, for
18the spring 2020 semester only, a candidate's requirement to
19complete student teaching or its equivalent or a school
20business management internship is waived.
 
21    (105 ILCS 5/22-89 new)
22    Sec. 22-89. Graduates during the 2019-2020 school year.
23Notwithstanding any other provision of this Code, any diploma
24conferred during the 2019-2020 school year, including during

 

 

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1the summer of 2020, under graduation requirements that were
2modified by an executive order, emergency rulemaking, or school
3board policy prompted by a gubernatorial disaster proclamation
4as a result of COVID-19 is deemed valid and is not subject to
5challenge or review due to a failure to meet minimum
6requirements otherwise required by this Code, administrative
7rule, or school board policy.
 
8    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
9    Sec. 24-11. Boards of Education - Boards of School
10Inspectors - Contractual continued service.
11    (a) As used in this and the succeeding Sections of this
12Article:
13    "Teacher" means any or all school district employees
14regularly required to be certified under laws relating to the
15certification of teachers.
16    "Board" means board of directors, board of education, or
17board of school inspectors, as the case may be.
18    "School term" means that portion of the school year, July 1
19to the following June 30, when school is in actual session.
20    "Program" means a program of a special education joint
21agreement.
22    "Program of a special education joint agreement" means
23instructional, consultative, supervisory, administrative,
24diagnostic, and related services that are managed by a special
25educational joint agreement designed to service 2 or more

 

 

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1school districts that are members of the joint agreement.
2    "PERA implementation date" means the implementation date
3of an evaluation system for teachers as specified by Section
424A-2.5 of this Code for all schools within a school district
5or all programs of a special education joint agreement.
6    (b) This Section and Sections 24-12 through 24-16 of this
7Article apply only to school districts having less than 500,000
8inhabitants.
9    (c) Any teacher who is first employed as a full-time
10teacher in a school district or program prior to the PERA
11implementation date and who is employed in that district or
12program for a probationary period of 4 consecutive school terms
13shall enter upon contractual continued service in the district
14or in all of the programs that the teacher is legally qualified
15to hold, unless the teacher is given written notice of
16dismissal by certified mail, return receipt requested, by the
17employing board at least 45 days before the end of any school
18term within such period.
19    (d) For any teacher who is first employed as a full-time
20teacher in a school district or program on or after the PERA
21implementation date, the probationary period shall be one of
22the following periods, based upon the teacher's school terms of
23service and performance, before the teacher shall enter upon
24contractual continued service in the district or in all of the
25programs that the teacher is legally qualified to hold, unless
26the teacher is given written notice of dismissal by certified

 

 

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1mail, return receipt requested, by the employing board at least
245 days before the end of any school term within such period:
3        (1) 4 consecutive school terms of service in which the
4    teacher receives overall annual evaluation ratings of at
5    least "Proficient" in the last school term and at least
6    "Proficient" in either the second or third school term;
7        (2) 3 consecutive school terms of service in which the
8    teacher receives 3 overall annual evaluations of
9    "Excellent"; or
10        (3) 2 consecutive school terms of service in which the
11    teacher receives 2 overall annual evaluations of
12    "Excellent" service, but only if the teacher (i) previously
13    attained contractual continued service in a different
14    school district or program in this State, (ii) voluntarily
15    departed or was honorably dismissed from that school
16    district or program in the school term immediately prior to
17    the teacher's first school term of service applicable to
18    the attainment of contractual continued service under this
19    subdivision (3), and (iii) received, in his or her 2 most
20    recent overall annual or biennial evaluations from the
21    prior school district or program, ratings of at least
22    "Proficient", with both such ratings occurring after the
23    school district's or program's PERA implementation date.
24    For a teacher to attain contractual continued service under
25    this subdivision (3), the teacher shall provide official
26    copies of his or her 2 most recent overall annual or

 

 

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1    biennial evaluations from the prior school district or
2    program to the new school district or program within 60
3    days from the teacher's first day of service with the new
4    school district or program. The prior school district or
5    program must provide the teacher with official copies of
6    his or her 2 most recent overall annual or biennial
7    evaluations within 14 days after the teacher's request. If
8    a teacher has requested such official copies prior to 45
9    days after the teacher's first day of service with the new
10    school district or program and the teacher's prior school
11    district or program fails to provide the teacher with the
12    official copies required under this subdivision (3), then
13    the time period for the teacher to submit the official
14    copies to his or her new school district or program must be
15    extended until 14 days after receipt of such copies from
16    the prior school district or program. If the prior school
17    district or program fails to provide the teacher with the
18    official copies required under this subdivision (3) within
19    90 days from the teacher's first day of service with the
20    new school district or program, then the new school
21    district or program shall rely upon the teacher's own
22    copies of his or her evaluations for purposes of this
23    subdivision (3).
24    If the teacher does not receive overall annual evaluations
25of "Excellent" in the school terms necessary for eligibility to
26achieve accelerated contractual continued service in

 

 

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1subdivisions (2) and (3) of this subsection (d), the teacher
2shall be eligible for contractual continued service pursuant to
3subdivision (1) of this subsection (d). If, at the conclusion
4of 4 consecutive school terms of service that count toward
5attainment of contractual continued service, the teacher's
6performance does not qualify the teacher for contractual
7continued service under subdivision (1) of this subsection (d),
8then the teacher shall not enter upon contractual continued
9service and shall be dismissed. If a performance evaluation is
10not conducted for any school term when such evaluation is
11required to be conducted under Section 24A-5 of this Code, then
12the teacher's performance evaluation rating for such school
13term for purposes of determining the attainment of contractual
14continued service shall be deemed "Proficient", except that,
15during any time in which the Governor has declared a disaster
16due to a public health emergency pursuant to Section 7 of the
17Illinois Emergency Management Agency Act, this default to
18"Proficient" does not apply to any teacher who has entered into
19contractual continued service and who was deemed "Excellent" on
20his or her most recent evaluation. During any time in which the
21Governor has declared a disaster due to a public health
22emergency pursuant to Section 7 of the Illinois Emergency
23Management Agency Act and unless the school board and any
24exclusive bargaining representative have completed the
25performance rating for teachers or mutually agreed to an
26alternate performance rating, any teacher who has entered into

 

 

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1contractual continued service, whose most recent evaluation
2was deemed "Excellent", and whose performance evaluation is not
3conducted when the evaluation is required to be conducted shall
4receive a teacher's performance rating deemed "Excellent". A
5school board and any exclusive bargaining representative may
6mutually agree to an alternate performance rating for teachers
7not in contractual continued service during any time in which
8the Governor has declared a disaster due to a public health
9emergency pursuant to Section 7 of the Illinois Emergency
10Management Agency Act, as long as the agreement is in writing.
11    (e) For the purposes of determining contractual continued
12service, a school term shall be counted only toward attainment
13of contractual continued service if the teacher actually
14teaches or is otherwise present and participating in the
15district's or program's educational program for 120 days or
16more, provided that the days of leave under the federal Family
17Medical Leave Act that the teacher is required to take until
18the end of the school term shall be considered days of teaching
19or participation in the district's or program's educational
20program. A school term that is not counted toward attainment of
21contractual continued service shall not be considered a break
22in service for purposes of determining whether a teacher has
23been employed for 4 consecutive school terms, provided that the
24teacher actually teaches or is otherwise present and
25participating in the district's or program's educational
26program in the following school term.

 

 

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1    (f) If the employing board determines to dismiss the
2teacher in the last year of the probationary period as provided
3in subsection (c) of this Section or subdivision (1) or (2) of
4subsection (d) of this Section, but not subdivision (3) of
5subsection (d) of this Section, the written notice of dismissal
6provided by the employing board must contain specific reasons
7for dismissal. Any full-time teacher who does not receive
8written notice from the employing board at least 45 days before
9the end of any school term as provided in this Section and
10whose performance does not require dismissal after the fourth
11probationary year pursuant to subsection (d) of this Section
12shall be re-employed for the following school term.
13    (g) Contractual continued service shall continue in effect
14the terms and provisions of the contract with the teacher
15during the last school term of the probationary period, subject
16to this Act and the lawful regulations of the employing board.
17This Section and succeeding Sections do not modify any existing
18power of the board except with respect to the procedure of the
19discharge of a teacher and reductions in salary as hereinafter
20provided. Contractual continued service status shall not
21restrict the power of the board to transfer a teacher to a
22position which the teacher is qualified to fill or to make such
23salary adjustments as it deems desirable, but unless reductions
24in salary are uniform or based upon some reasonable
25classification, any teacher whose salary is reduced shall be
26entitled to a notice and a hearing as hereinafter provided in

 

 

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1the case of certain dismissals or removals.
2    (h) If, by reason of any change in the boundaries of school
3districts or by reason of the creation of a new school
4district, the position held by any teacher having a contractual
5continued service status is transferred from one board to the
6control of a new or different board, then the contractual
7continued service status of the teacher is not thereby lost,
8and such new or different board is subject to this Code with
9respect to the teacher in the same manner as if the teacher
10were its employee and had been its employee during the time the
11teacher was actually employed by the board from whose control
12the position was transferred.
13    (i) The employment of any teacher in a program of a special
14education joint agreement established under Section 3-15.14,
1510-22.31 or 10-22.31a shall be governed by this and succeeding
16Sections of this Article. For purposes of attaining and
17maintaining contractual continued service and computing length
18of continuing service as referred to in this Section and
19Section 24-12, employment in a special educational joint
20program shall be deemed a continuation of all previous
21certificated employment of such teacher for such joint
22agreement whether the employer of the teacher was the joint
23agreement, the regional superintendent, or one of the
24participating districts in the joint agreement.
25    (j) For any teacher employed after July 1, 1987 as a
26full-time teacher in a program of a special education joint

 

 

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1agreement, whether the program is operated by the joint
2agreement or a member district on behalf of the joint
3agreement, in the event of a reduction in the number of
4programs or positions in the joint agreement in which the
5notice of dismissal is provided on or before the end of the
62010-2011 school term, the teacher in contractual continued
7service is eligible for employment in the joint agreement
8programs for which the teacher is legally qualified in order of
9greater length of continuing service in the joint agreement,
10unless an alternative method of determining the sequence of
11dismissal is established in a collective bargaining agreement.
12For any teacher employed after July 1, 1987 as a full-time
13teacher in a program of a special education joint agreement,
14whether the program is operated by the joint agreement or a
15member district on behalf of the joint agreement, in the event
16of a reduction in the number of programs or positions in the
17joint agreement in which the notice of dismissal is provided
18during the 2011-2012 school term or a subsequent school term,
19the teacher shall be included on the honorable dismissal lists
20of all joint agreement programs for positions for which the
21teacher is qualified and is eligible for employment in such
22programs in accordance with subsections (b) and (c) of Section
2324-12 of this Code and the applicable honorable dismissal
24policies of the joint agreement.
25    (k) For any teacher employed after July 1, 1987 as a
26full-time teacher in a program of a special education joint

 

 

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1agreement, whether the program is operated by the joint
2agreement or a member district on behalf of the joint
3agreement, in the event of the dissolution of a joint
4agreement, in which the notice to teachers of the dissolution
5is provided during the 2010-2011 school term, the teacher in
6contractual continued service who is legally qualified shall be
7assigned to any comparable position in a member district
8currently held by a teacher who has not entered upon
9contractual continued service or held by a teacher who has
10entered upon contractual continued service with a shorter
11length of contractual continued service. Any teacher employed
12after July 1, 1987 as a full-time teacher in a program of a
13special education joint agreement, whether the program is
14operated by the joint agreement or a member district on behalf
15of the joint agreement, in the event of the dissolution of a
16joint agreement in which the notice to teachers of the
17dissolution is provided during the 2011-2012 school term or a
18subsequent school term, the teacher who is qualified shall be
19included on the order of honorable dismissal lists of each
20member district and shall be assigned to any comparable
21position in any such district in accordance with subsections
22(b) and (c) of Section 24-12 of this Code and the applicable
23honorable dismissal policies of each member district.
24    (l) The governing board of the joint agreement, or the
25administrative district, if so authorized by the articles of
26agreement of the joint agreement, rather than the board of

 

 

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1education of a school district, may carry out employment and
2termination actions including dismissals under this Section
3and Section 24-12.
4    (m) The employment of any teacher in a special education
5program authorized by Section 14-1.01 through 14-14.01, or a
6joint educational program established under Section 10-22.31a,
7shall be under this and the succeeding Sections of this
8Article, and such employment shall be deemed a continuation of
9the previous employment of such teacher in any of the
10participating districts, regardless of the participation of
11other districts in the program.
12    (n) Any teacher employed as a full-time teacher in a
13special education program prior to September 23, 1987 in which
142 or more school districts participate for a probationary
15period of 2 consecutive years shall enter upon contractual
16continued service in each of the participating districts,
17subject to this and the succeeding Sections of this Article,
18and, notwithstanding Section 24-1.5 of this Code, in the event
19of the termination of the program shall be eligible for any
20vacant position in any of such districts for which such teacher
21is qualified.
22(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
23    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
24    Sec. 24-12. Removal or dismissal of teachers in contractual
25continued service.

 

 

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1    (a) This subsection (a) applies only to honorable
2dismissals and recalls in which the notice of dismissal is
3provided on or before the end of the 2010-2011 school term. If
4a teacher in contractual continued service is removed or
5dismissed as a result of a decision of the board to decrease
6the number of teachers employed by the board or to discontinue
7some particular type of teaching service, written notice shall
8be mailed to the teacher and also given the teacher either by
9certified mail, return receipt requested or personal delivery
10with receipt at least 60 days before the end of the school
11term, together with a statement of honorable dismissal and the
12reason therefor, and in all such cases the board shall first
13remove or dismiss all teachers who have not entered upon
14contractual continued service before removing or dismissing
15any teacher who has entered upon contractual continued service
16and who is legally qualified to hold a position currently held
17by a teacher who has not entered upon contractual continued
18service.
19    As between teachers who have entered upon contractual
20continued service, the teacher or teachers with the shorter
21length of continuing service with the district shall be
22dismissed first unless an alternative method of determining the
23sequence of dismissal is established in a collective bargaining
24agreement or contract between the board and a professional
25faculty members' organization and except that this provision
26shall not impair the operation of any affirmative action

 

 

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1program in the district, regardless of whether it exists by
2operation of law or is conducted on a voluntary basis by the
3board. Any teacher dismissed as a result of such decrease or
4discontinuance shall be paid all earned compensation on or
5before the third business day following the last day of pupil
6attendance in the regular school term.
7    If the board has any vacancies for the following school
8term or within one calendar year from the beginning of the
9following school term, the positions thereby becoming
10available shall be tendered to the teachers so removed or
11dismissed so far as they are legally qualified to hold such
12positions; provided, however, that if the number of honorable
13dismissal notices based on economic necessity exceeds 15% of
14the number of full-time equivalent positions filled by
15certified employees (excluding principals and administrative
16personnel) during the preceding school year, then if the board
17has any vacancies for the following school term or within 2
18calendar years from the beginning of the following school term,
19the positions so becoming available shall be tendered to the
20teachers who were so notified and removed or dismissed whenever
21they are legally qualified to hold such positions. Each board
22shall, in consultation with any exclusive employee
23representatives, each year establish a list, categorized by
24positions, showing the length of continuing service of each
25teacher who is qualified to hold any such positions, unless an
26alternative method of determining a sequence of dismissal is

 

 

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1established as provided for in this Section, in which case a
2list shall be made in accordance with the alternative method.
3Copies of the list shall be distributed to the exclusive
4employee representative on or before February 1 of each year.
5Whenever the number of honorable dismissal notices based upon
6economic necessity exceeds 5, or 150% of the average number of
7teachers honorably dismissed in the preceding 3 years,
8whichever is more, then the board also shall hold a public
9hearing on the question of the dismissals. Following the
10hearing and board review, the action to approve any such
11reduction shall require a majority vote of the board members.
12    (b) This subsection (b) applies only to honorable
13dismissals and recalls in which the notice of dismissal is
14provided during the 2011-2012 school term or a subsequent
15school term. If any teacher, whether or not in contractual
16continued service, is removed or dismissed as a result of a
17decision of a school board to decrease the number of teachers
18employed by the board, a decision of a school board to
19discontinue some particular type of teaching service, or a
20reduction in the number of programs or positions in a special
21education joint agreement, then written notice must be mailed
22to the teacher and also given to the teacher either by
23electronic mail, certified mail, return receipt requested, or
24personal delivery with receipt at least 45 days before the end
25of the school term, together with a statement of honorable
26dismissal and the reason therefor, and in all such cases the

 

 

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1sequence of dismissal shall occur in accordance with this
2subsection (b); except that this subsection (b) shall not
3impair the operation of any affirmative action program in the
4school district, regardless of whether it exists by operation
5of law or is conducted on a voluntary basis by the board.
6    Each teacher must be categorized into one or more positions
7for which the teacher is qualified to hold, based upon legal
8qualifications and any other qualifications established in a
9district or joint agreement job description, on or before the
10May 10 prior to the school year during which the sequence of
11dismissal is determined. Within each position and subject to
12agreements made by the joint committee on honorable dismissals
13that are authorized by subsection (c) of this Section, the
14school district or joint agreement must establish 4 groupings
15of teachers qualified to hold the position as follows:
16        (1) Grouping one shall consist of each teacher who is
17    not in contractual continued service and who (i) has not
18    received a performance evaluation rating, (ii) is employed
19    for one school term or less to replace a teacher on leave,
20    or (iii) is employed on a part-time basis. "Part-time
21    basis" for the purposes of this subsection (b) means a
22    teacher who is employed to teach less than a full-day,
23    teacher workload or less than 5 days of the normal student
24    attendance week, unless otherwise provided for in a
25    collective bargaining agreement between the district and
26    the exclusive representative of the district's teachers.

 

 

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1    For the purposes of this Section, a teacher (A) who is
2    employed as a full-time teacher but who actually teaches or
3    is otherwise present and participating in the district's
4    educational program for less than a school term or (B) who,
5    in the immediately previous school term, was employed on a
6    full-time basis and actually taught or was otherwise
7    present and participated in the district's educational
8    program for 120 days or more is not considered employed on
9    a part-time basis.
10        (2) Grouping 2 shall consist of each teacher with a
11    Needs Improvement or Unsatisfactory performance evaluation
12    rating on either of the teacher's last 2 performance
13    evaluation ratings.
14        (3) Grouping 3 shall consist of each teacher with a
15    performance evaluation rating of at least Satisfactory or
16    Proficient on both of the teacher's last 2 performance
17    evaluation ratings, if 2 ratings are available, or on the
18    teacher's last performance evaluation rating, if only one
19    rating is available, unless the teacher qualifies for
20    placement into grouping 4.
21        (4) Grouping 4 shall consist of each teacher whose last
22    2 performance evaluation ratings are Excellent and each
23    teacher with 2 Excellent performance evaluation ratings
24    out of the teacher's last 3 performance evaluation ratings
25    with a third rating of Satisfactory or Proficient.
26    Among teachers qualified to hold a position, teachers must

 

 

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1be dismissed in the order of their groupings, with teachers in
2grouping one dismissed first and teachers in grouping 4
3dismissed last.
4    Within grouping one, the sequence of dismissal must be at
5the discretion of the school district or joint agreement.
6Within grouping 2, the sequence of dismissal must be based upon
7average performance evaluation ratings, with the teacher or
8teachers with the lowest average performance evaluation rating
9dismissed first. A teacher's average performance evaluation
10rating must be calculated using the average of the teacher's
11last 2 performance evaluation ratings, if 2 ratings are
12available, or the teacher's last performance evaluation
13rating, if only one rating is available, using the following
14numerical values: 4 for Excellent; 3 for Proficient or
15Satisfactory; 2 for Needs Improvement; and 1 for
16Unsatisfactory. As between or among teachers in grouping 2 with
17the same average performance evaluation rating and within each
18of groupings 3 and 4, the teacher or teachers with the shorter
19length of continuing service with the school district or joint
20agreement must be dismissed first unless an alternative method
21of determining the sequence of dismissal is established in a
22collective bargaining agreement or contract between the board
23and a professional faculty members' organization.
24    Each board, including the governing board of a joint
25agreement, shall, in consultation with any exclusive employee
26representatives, each year establish a sequence of honorable

 

 

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1dismissal list categorized by positions and the groupings
2defined in this subsection (b). Copies of the list showing each
3teacher by name and categorized by positions and the groupings
4defined in this subsection (b) must be distributed to the
5exclusive bargaining representative at least 75 days before the
6end of the school term, provided that the school district or
7joint agreement may, with notice to any exclusive employee
8representatives, move teachers from grouping one into another
9grouping during the period of time from 75 days until 45 days
10before the end of the school term. Each year, each board shall
11also establish, in consultation with any exclusive employee
12representatives, a list showing the length of continuing
13service of each teacher who is qualified to hold any such
14positions, unless an alternative method of determining a
15sequence of dismissal is established as provided for in this
16Section, in which case a list must be made in accordance with
17the alternative method. Copies of the list must be distributed
18to the exclusive employee representative at least 75 days
19before the end of the school term.
20    Any teacher dismissed as a result of such decrease or
21discontinuance must be paid all earned compensation on or
22before the third business day following the last day of pupil
23attendance in the regular school term.
24    If the board or joint agreement has any vacancies for the
25following school term or within one calendar year from the
26beginning of the following school term, the positions thereby

 

 

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1becoming available must be tendered to the teachers so removed
2or dismissed who were in grouping groupings 3 or 4 of the
3sequence of dismissal and are qualified to hold the positions,
4based upon legal qualifications and any other qualifications
5established in a district or joint agreement job description,
6on or before the May 10 prior to the date of the positions
7becoming available, provided that if the number of honorable
8dismissal notices based on economic necessity exceeds 15% of
9the number of full-time equivalent positions filled by
10certified employees (excluding principals and administrative
11personnel) during the preceding school year, then the recall
12period is for the following school term or within 2 calendar
13years from the beginning of the following school term. If the
14board or joint agreement has any vacancies within the period
15from the beginning of the following school term through
16February 1 of the following school term (unless a date later
17than February 1, but no later than 6 months from the beginning
18of the following school term, is established in a collective
19bargaining agreement), the positions thereby becoming
20available must be tendered to the teachers so removed or
21dismissed who were in grouping 2 of the sequence of dismissal
22due to one "needs improvement" rating on either of the
23teacher's last 2 performance evaluation ratings, provided
24that, if 2 ratings are available, the other performance
25evaluation rating used for grouping purposes is
26"satisfactory", "proficient", or "excellent", and are

 

 

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1qualified to hold the positions, based upon legal
2qualifications and any other qualifications established in a
3district or joint agreement job description, on or before the
4May 10 prior to the date of the positions becoming available.
5On and after July 1, 2014 (the effective date of Public Act
698-648), the preceding sentence shall apply to teachers removed
7or dismissed by honorable dismissal, even if notice of
8honorable dismissal occurred during the 2013-2014 school year.
9Among teachers eligible for recall pursuant to the preceding
10sentence, the order of recall must be in inverse order of
11dismissal, unless an alternative order of recall is established
12in a collective bargaining agreement or contract between the
13board and a professional faculty members' organization.
14Whenever the number of honorable dismissal notices based upon
15economic necessity exceeds 5 notices or 150% of the average
16number of teachers honorably dismissed in the preceding 3
17years, whichever is more, then the school board or governing
18board of a joint agreement, as applicable, shall also hold a
19public hearing on the question of the dismissals. Following the
20hearing and board review, the action to approve any such
21reduction shall require a majority vote of the board members.
22    For purposes of this subsection (b), subject to agreement
23on an alternative definition reached by the joint committee
24described in subsection (c) of this Section, a teacher's
25performance evaluation rating means the overall performance
26evaluation rating resulting from an annual or biennial

 

 

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1performance evaluation conducted pursuant to Article 24A of
2this Code by the school district or joint agreement determining
3the sequence of dismissal, not including any performance
4evaluation conducted during or at the end of a remediation
5period. No more than one evaluation rating each school term
6shall be one of the evaluation ratings used for the purpose of
7determining the sequence of dismissal. Except as otherwise
8provided in this subsection for any performance evaluations
9conducted during or at the end of a remediation period, if
10multiple performance evaluations are conducted in a school
11term, only the rating from the last evaluation conducted prior
12to establishing the sequence of honorable dismissal list in
13such school term shall be the one evaluation rating from that
14school term used for the purpose of determining the sequence of
15dismissal. Averaging ratings from multiple evaluations is not
16permitted unless otherwise agreed to in a collective bargaining
17agreement or contract between the board and a professional
18faculty members' organization. The preceding 3 sentences are
19not a legislative declaration that existing law does or does
20not already require that only one performance evaluation each
21school term shall be used for the purpose of determining the
22sequence of dismissal. For performance evaluation ratings
23determined prior to September 1, 2012, any school district or
24joint agreement with a performance evaluation rating system
25that does not use either of the rating category systems
26specified in subsection (d) of Section 24A-5 of this Code for

 

 

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1all teachers must establish a basis for assigning each teacher
2a rating that complies with subsection (d) of Section 24A-5 of
3this Code for all of the performance evaluation ratings that
4are to be used to determine the sequence of dismissal. A
5teacher's grouping and ranking on a sequence of honorable
6dismissal shall be deemed a part of the teacher's performance
7evaluation, and that information shall be disclosed to the
8exclusive bargaining representative as part of a sequence of
9honorable dismissal list, notwithstanding any laws prohibiting
10disclosure of such information. A performance evaluation
11rating may be used to determine the sequence of dismissal,
12notwithstanding the pendency of any grievance resolution or
13arbitration procedures relating to the performance evaluation.
14If a teacher has received at least one performance evaluation
15rating conducted by the school district or joint agreement
16determining the sequence of dismissal and a subsequent
17performance evaluation is not conducted in any school year in
18which such evaluation is required to be conducted under Section
1924A-5 of this Code, the teacher's performance evaluation rating
20for that school year for purposes of determining the sequence
21of dismissal is deemed Proficient, except that, during any time
22in which the Governor has declared a disaster due to a public
23health emergency pursuant to Section 7 of the Illinois
24Emergency Management Agency Act, this default to Proficient
25does not apply to any teacher who has entered into contractual
26continued service and who was deemed Excellent on his or her

 

 

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1most recent evaluation. During any time in which the Governor
2has declared a disaster due to a public health emergency
3pursuant to Section 7 of the Illinois Emergency Management
4Agency Act and unless the school board and any exclusive
5bargaining representative have completed the performance
6rating for teachers or have mutually agreed to an alternate
7performance rating, any teacher who has entered into
8contractual continued service, whose most recent evaluation
9was deemed Excellent, and whose performance evaluation is not
10conducted when the evaluation is required to be conducted shall
11receive a teacher's performance rating deemed Excellent. A
12school board and any exclusive bargaining representative may
13mutually agree to an alternate performance rating for teachers
14not in contractual continued service during any time in which
15the Governor has declared a disaster due to a public health
16emergency pursuant to Section 7 of the Illinois Emergency
17Management Agency Act, as long as the agreement is in writing.
18If a performance evaluation rating is nullified as the result
19of an arbitration, administrative agency, or court
20determination, then the school district or joint agreement is
21deemed to have conducted a performance evaluation for that
22school year, but the performance evaluation rating may not be
23used in determining the sequence of dismissal.
24    Nothing in this subsection (b) shall be construed as
25limiting the right of a school board or governing board of a
26joint agreement to dismiss a teacher not in contractual

 

 

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1continued service in accordance with Section 24-11 of this
2Code.
3    Any provisions regarding the sequence of honorable
4dismissals and recall of honorably dismissed teachers in a
5collective bargaining agreement entered into on or before
6January 1, 2011 and in effect on June 13, 2011 (the effective
7date of Public Act 97-8) that may conflict with Public Act 97-8
8shall remain in effect through the expiration of such agreement
9or June 30, 2013, whichever is earlier.
10    (c) Each school district and special education joint
11agreement must use a joint committee composed of equal
12representation selected by the school board and its teachers
13or, if applicable, the exclusive bargaining representative of
14its teachers, to address the matters described in paragraphs
15(1) through (5) of this subsection (c) pertaining to honorable
16dismissals under subsection (b) of this Section.
17        (1) The joint committee must consider and may agree to
18    criteria for excluding from grouping 2 and placing into
19    grouping 3 a teacher whose last 2 performance evaluations
20    include a Needs Improvement and either a Proficient or
21    Excellent.
22        (2) The joint committee must consider and may agree to
23    an alternative definition for grouping 4, which definition
24    must take into account prior performance evaluation
25    ratings and may take into account other factors that relate
26    to the school district's or program's educational

 

 

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1    objectives. An alternative definition for grouping 4 may
2    not permit the inclusion of a teacher in the grouping with
3    a Needs Improvement or Unsatisfactory performance
4    evaluation rating on either of the teacher's last 2
5    performance evaluation ratings.
6        (3) The joint committee may agree to including within
7    the definition of a performance evaluation rating a
8    performance evaluation rating administered by a school
9    district or joint agreement other than the school district
10    or joint agreement determining the sequence of dismissal.
11        (4) For each school district or joint agreement that
12    administers performance evaluation ratings that are
13    inconsistent with either of the rating category systems
14    specified in subsection (d) of Section 24A-5 of this Code,
15    the school district or joint agreement must consult with
16    the joint committee on the basis for assigning a rating
17    that complies with subsection (d) of Section 24A-5 of this
18    Code to each performance evaluation rating that will be
19    used in a sequence of dismissal.
20        (5) Upon request by a joint committee member submitted
21    to the employing board by no later than 10 days after the
22    distribution of the sequence of honorable dismissal list, a
23    representative of the employing board shall, within 5 days
24    after the request, provide to members of the joint
25    committee a list showing the most recent and prior
26    performance evaluation ratings of each teacher identified

 

 

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1    only by length of continuing service in the district or
2    joint agreement and not by name. If, after review of this
3    list, a member of the joint committee has a good faith
4    belief that a disproportionate number of teachers with
5    greater length of continuing service with the district or
6    joint agreement have received a recent performance
7    evaluation rating lower than the prior rating, the member
8    may request that the joint committee review the list to
9    assess whether such a trend may exist. Following the joint
10    committee's review, but by no later than the end of the
11    applicable school term, the joint committee or any member
12    or members of the joint committee may submit a report of
13    the review to the employing board and exclusive bargaining
14    representative, if any. Nothing in this paragraph (5) shall
15    impact the order of honorable dismissal or a school
16    district's or joint agreement's authority to carry out a
17    dismissal in accordance with subsection (b) of this
18    Section.
19    Agreement by the joint committee as to a matter requires
20the majority vote of all committee members, and if the joint
21committee does not reach agreement on a matter, then the
22otherwise applicable requirements of subsection (b) of this
23Section shall apply. Except as explicitly set forth in this
24subsection (c), a joint committee has no authority to agree to
25any further modifications to the requirements for honorable
26dismissals set forth in subsection (b) of this Section. The

 

 

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1joint committee must be established, and the first meeting of
2the joint committee each school year must occur on or before
3December 1.
4    The joint committee must reach agreement on a matter on or
5before February 1 of a school year in order for the agreement
6of the joint committee to apply to the sequence of dismissal
7determined during that school year. Subject to the February 1
8deadline for agreements, the agreement of a joint committee on
9a matter shall apply to the sequence of dismissal until the
10agreement is amended or terminated by the joint committee.
11    The provisions of the Open Meetings Act shall not apply to
12meetings of a joint committee created under this subsection
13(c).
14    (d) Notwithstanding anything to the contrary in this
15subsection (d), the requirements and dismissal procedures of
16Section 24-16.5 of this Code shall apply to any dismissal
17sought under Section 24-16.5 of this Code.
18        (1) If a dismissal of a teacher in contractual
19    continued service is sought for any reason or cause other
20    than an honorable dismissal under subsections (a) or (b) of
21    this Section or a dismissal sought under Section 24-16.5 of
22    this Code, including those under Section 10-22.4, the board
23    must first approve a motion containing specific charges by
24    a majority vote of all its members. Written notice of such
25    charges, including a bill of particulars and the teacher's
26    right to request a hearing, must be mailed to the teacher

 

 

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1    and also given to the teacher either by electronic mail,
2    certified mail, return receipt requested, or personal
3    delivery with receipt within 5 days of the adoption of the
4    motion. Any written notice sent on or after July 1, 2012
5    shall inform the teacher of the right to request a hearing
6    before a mutually selected hearing officer, with the cost
7    of the hearing officer split equally between the teacher
8    and the board, or a hearing before a board-selected hearing
9    officer, with the cost of the hearing officer paid by the
10    board.
11        Before setting a hearing on charges stemming from
12    causes that are considered remediable, a board must give
13    the teacher reasonable warning in writing, stating
14    specifically the causes that, if not removed, may result in
15    charges; however, no such written warning is required if
16    the causes have been the subject of a remediation plan
17    pursuant to Article 24A of this Code.
18        If, in the opinion of the board, the interests of the
19    school require it, the board may suspend the teacher
20    without pay, pending the hearing, but if the board's
21    dismissal or removal is not sustained, the teacher shall
22    not suffer the loss of any salary or benefits by reason of
23    the suspension.
24        (2) No hearing upon the charges is required unless the
25    teacher within 17 days after receiving notice requests in
26    writing of the board that a hearing be scheduled before a

 

 

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1    mutually selected hearing officer or a hearing officer
2    selected by the board. The secretary of the school board
3    shall forward a copy of the notice to the State Board of
4    Education.
5        (3) Within 5 business days after receiving a notice of
6    hearing in which either notice to the teacher was sent
7    before July 1, 2012 or, if the notice was sent on or after
8    July 1, 2012, the teacher has requested a hearing before a
9    mutually selected hearing officer, the State Board of
10    Education shall provide a list of 5 prospective, impartial
11    hearing officers from the master list of qualified,
12    impartial hearing officers maintained by the State Board of
13    Education. Each person on the master list must (i) be
14    accredited by a national arbitration organization and have
15    had a minimum of 5 years of experience directly related to
16    labor and employment relations matters between employers
17    and employees or their exclusive bargaining
18    representatives and (ii) beginning September 1, 2012, have
19    participated in training provided or approved by the State
20    Board of Education for teacher dismissal hearing officers
21    so that he or she is familiar with issues generally
22    involved in evaluative and non-evaluative dismissals.
23        If notice to the teacher was sent before July 1, 2012
24    or, if the notice was sent on or after July 1, 2012, the
25    teacher has requested a hearing before a mutually selected
26    hearing officer, the board and the teacher or their legal

 

 

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1    representatives within 3 business days shall alternately
2    strike one name from the list provided by the State Board
3    of Education until only one name remains. Unless waived by
4    the teacher, the teacher shall have the right to proceed
5    first with the striking. Within 3 business days of receipt
6    of the list provided by the State Board of Education, the
7    board and the teacher or their legal representatives shall
8    each have the right to reject all prospective hearing
9    officers named on the list and notify the State Board of
10    Education of such rejection. Within 3 business days after
11    receiving this notification, the State Board of Education
12    shall appoint a qualified person from the master list who
13    did not appear on the list sent to the parties to serve as
14    the hearing officer, unless the parties notify it that they
15    have chosen to alternatively select a hearing officer under
16    paragraph (4) of this subsection (d).
17        If the teacher has requested a hearing before a hearing
18    officer selected by the board, the board shall select one
19    name from the master list of qualified impartial hearing
20    officers maintained by the State Board of Education within
21    3 business days after receipt and shall notify the State
22    Board of Education of its selection.
23        A hearing officer mutually selected by the parties,
24    selected by the board, or selected through an alternative
25    selection process under paragraph (4) of this subsection
26    (d) (A) must not be a resident of the school district, (B)

 

 

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1    must be available to commence the hearing within 75 days
2    and conclude the hearing within 120 days after being
3    selected as the hearing officer, and (C) must issue a
4    decision as to whether the teacher must be dismissed and
5    give a copy of that decision to both the teacher and the
6    board within 30 days from the conclusion of the hearing or
7    closure of the record, whichever is later.
8        If the Governor has declared a disaster due to a public
9    health emergency pursuant to Section 7 of the Illinois
10    Emergency Management Agency Act and except if the parties
11    mutually agree otherwise and the agreement is in writing,
12    the requirements of this Section pertaining to prehearings
13    and hearings are paused and do not begin to toll until the
14    proclamation is no longer in effect. If mutually agreed to
15    and reduced to writing, the parties may proceed with the
16    prehearing and hearing requirements of this Section and may
17    also agree to extend the timelines of this Section
18    connected to the appointment and selection of a hearing
19    officer and those connected to commencing and concluding a
20    hearing. Any hearing convened during a public health
21    emergency pursuant to Section 7 of the Illinois Emergency
22    Management Agency Act may be convened remotely. Any hearing
23    officer for a hearing convened during a public health
24    emergency pursuant to Section 7 of the Illinois Emergency
25    Management Agency Act may voluntarily withdraw from the
26    hearing and another hearing officer shall be selected or

 

 

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1    appointed pursuant to this Section.
2        (4) In the alternative to selecting a hearing officer
3    from the list received from the State Board of Education or
4    accepting the appointment of a hearing officer by the State
5    Board of Education or if the State Board of Education
6    cannot provide a list or appoint a hearing officer that
7    meets the foregoing requirements, the board and the teacher
8    or their legal representatives may mutually agree to select
9    an impartial hearing officer who is not on the master list
10    either by direct appointment by the parties or by using
11    procedures for the appointment of an arbitrator
12    established by the Federal Mediation and Conciliation
13    Service or the American Arbitration Association. The
14    parties shall notify the State Board of Education of their
15    intent to select a hearing officer using an alternative
16    procedure within 3 business days of receipt of a list of
17    prospective hearing officers provided by the State Board of
18    Education, notice of appointment of a hearing officer by
19    the State Board of Education, or receipt of notice from the
20    State Board of Education that it cannot provide a list that
21    meets the foregoing requirements, whichever is later.
22        (5) If the notice of dismissal was sent to the teacher
23    before July 1, 2012, the fees and costs for the hearing
24    officer must be paid by the State Board of Education. If
25    the notice of dismissal was sent to the teacher on or after
26    July 1, 2012, the hearing officer's fees and costs must be

 

 

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1    paid as follows in this paragraph (5). The fees and
2    permissible costs for the hearing officer must be
3    determined by the State Board of Education. If the board
4    and the teacher or their legal representatives mutually
5    agree to select an impartial hearing officer who is not on
6    a list received from the State Board of Education, they may
7    agree to supplement the fees determined by the State Board
8    to the hearing officer, at a rate consistent with the
9    hearing officer's published professional fees. If the
10    hearing officer is mutually selected by the parties, then
11    the board and the teacher or their legal representatives
12    shall each pay 50% of the fees and costs and any
13    supplemental allowance to which they agree. If the hearing
14    officer is selected by the board, then the board shall pay
15    100% of the hearing officer's fees and costs. The fees and
16    costs must be paid to the hearing officer within 14 days
17    after the board and the teacher or their legal
18    representatives receive the hearing officer's decision set
19    forth in paragraph (7) of this subsection (d).
20        (6) The teacher is required to answer the bill of
21    particulars and aver affirmative matters in his or her
22    defense, and the time for initially doing so and the time
23    for updating such answer and defenses after pre-hearing
24    discovery must be set by the hearing officer. The State
25    Board of Education shall promulgate rules so that each
26    party has a fair opportunity to present its case and to

 

 

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1    ensure that the dismissal process proceeds in a fair and
2    expeditious manner. These rules shall address, without
3    limitation, discovery and hearing scheduling conferences;
4    the teacher's initial answer and affirmative defenses to
5    the bill of particulars and the updating of that
6    information after pre-hearing discovery; provision for
7    written interrogatories and requests for production of
8    documents; the requirement that each party initially
9    disclose to the other party and then update the disclosure
10    no later than 10 calendar days prior to the commencement of
11    the hearing, the names and addresses of persons who may be
12    called as witnesses at the hearing, a summary of the facts
13    or opinions each witness will testify to, and all other
14    documents and materials, including information maintained
15    electronically, relevant to its own as well as the other
16    party's case (the hearing officer may exclude witnesses and
17    exhibits not identified and shared, except those offered in
18    rebuttal for which the party could not reasonably have
19    anticipated prior to the hearing); pre-hearing discovery
20    and preparation, including provision for written
21    interrogatories and requests for production of documents,
22    provided that discovery depositions are prohibited; the
23    conduct of the hearing; the right of each party to be
24    represented by counsel, the offer of evidence and witnesses
25    and the cross-examination of witnesses; the authority of
26    the hearing officer to issue subpoenas and subpoenas duces

 

 

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1    tecum, provided that the hearing officer may limit the
2    number of witnesses to be subpoenaed on behalf of each
3    party to no more than 7; the length of post-hearing briefs;
4    and the form, length, and content of hearing officers'
5    decisions. The hearing officer shall hold a hearing and
6    render a final decision for dismissal pursuant to Article
7    24A of this Code or shall report to the school board
8    findings of fact and a recommendation as to whether or not
9    the teacher must be dismissed for conduct. The hearing
10    officer shall commence the hearing within 75 days and
11    conclude the hearing within 120 days after being selected
12    as the hearing officer, provided that the hearing officer
13    may modify these timelines upon the showing of good cause
14    or mutual agreement of the parties. Good cause for the
15    purpose of this subsection (d) shall mean the illness or
16    otherwise unavoidable emergency of the teacher, district
17    representative, their legal representatives, the hearing
18    officer, or an essential witness as indicated in each
19    party's pre-hearing submission. In a dismissal hearing
20    pursuant to Article 24A of this Code in which a witness is
21    a student or is under the age of 18, the hearing officer
22    must make accommodations for the witness, as provided under
23    paragraph (6.5) of this subsection. The hearing officer
24    shall consider and give weight to all of the teacher's
25    evaluations written pursuant to Article 24A that are
26    relevant to the issues in the hearing.

 

 

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1        Each party shall have no more than 3 days to present
2    its case, unless extended by the hearing officer to enable
3    a party to present adequate evidence and testimony,
4    including due to the other party's cross-examination of the
5    party's witnesses, for good cause or by mutual agreement of
6    the parties. The State Board of Education shall define in
7    rules the meaning of "day" for such purposes. All testimony
8    at the hearing shall be taken under oath administered by
9    the hearing officer. The hearing officer shall cause a
10    record of the proceedings to be kept and shall employ a
11    competent reporter to take stenographic or stenotype notes
12    of all the testimony. The costs of the reporter's
13    attendance and services at the hearing shall be paid by the
14    party or parties who are responsible for paying the fees
15    and costs of the hearing officer. Either party desiring a
16    transcript of the hearing shall pay for the cost thereof.
17    Any post-hearing briefs must be submitted by the parties by
18    no later than 21 days after a party's receipt of the
19    transcript of the hearing, unless extended by the hearing
20    officer for good cause or by mutual agreement of the
21    parties.
22        (6.5) In the case of charges involving sexual abuse or
23    severe physical abuse of a student or a person under the
24    age of 18, the hearing officer shall make alternative
25    hearing procedures to protect a witness who is a student or
26    who is under the age of 18 from being intimidated or

 

 

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1    traumatized. Alternative hearing procedures may include,
2    but are not limited to: (i) testimony made via a
3    telecommunication device in a location other than the
4    hearing room and outside the physical presence of the
5    teacher and other hearing participants, (ii) testimony
6    outside the physical presence of the teacher, or (iii)
7    non-public testimony. During a testimony described under
8    this subsection, each party must be permitted to ask a
9    witness who is a student or who is under 18 years of age
10    all relevant questions and follow-up questions. All
11    questions must exclude evidence of the witness' sexual
12    behavior or predisposition, unless the evidence is offered
13    to prove that someone other than the teacher subject to the
14    dismissal hearing engaged in the charge at issue.
15        (7) The hearing officer shall, within 30 days from the
16    conclusion of the hearing or closure of the record,
17    whichever is later, make a decision as to whether or not
18    the teacher shall be dismissed pursuant to Article 24A of
19    this Code or report to the school board findings of fact
20    and a recommendation as to whether or not the teacher shall
21    be dismissed for cause and shall give a copy of the
22    decision or findings of fact and recommendation to both the
23    teacher and the school board. If a hearing officer fails
24    without good cause, specifically provided in writing to
25    both parties and the State Board of Education, to render a
26    decision or findings of fact and recommendation within 30

 

 

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1    days after the hearing is concluded or the record is
2    closed, whichever is later, the parties may mutually agree
3    to select a hearing officer pursuant to the alternative
4    procedure, as provided in this Section, to rehear the
5    charges heard by the hearing officer who failed to render a
6    decision or findings of fact and recommendation or to
7    review the record and render a decision. If any hearing
8    officer fails without good cause, specifically provided in
9    writing to both parties and the State Board of Education,
10    to render a decision or findings of fact and recommendation
11    within 30 days after the hearing is concluded or the record
12    is closed, whichever is later, the hearing officer shall be
13    removed from the master list of hearing officers maintained
14    by the State Board of Education for not more than 24
15    months. The parties and the State Board of Education may
16    also take such other actions as it deems appropriate,
17    including recovering, reducing, or withholding any fees
18    paid or to be paid to the hearing officer. If any hearing
19    officer repeats such failure, he or she must be permanently
20    removed from the master list maintained by the State Board
21    of Education and may not be selected by parties through the
22    alternative selection process under this paragraph (7) or
23    paragraph (4) of this subsection (d). The board shall not
24    lose jurisdiction to discharge a teacher if the hearing
25    officer fails to render a decision or findings of fact and
26    recommendation within the time specified in this Section.

 

 

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1    If the decision of the hearing officer for dismissal
2    pursuant to Article 24A of this Code or of the school board
3    for dismissal for cause is in favor of the teacher, then
4    the hearing officer or school board shall order
5    reinstatement to the same or substantially equivalent
6    position and shall determine the amount for which the
7    school board is liable, including, but not limited to, loss
8    of income and benefits.
9        (8) The school board, within 45 days after receipt of
10    the hearing officer's findings of fact and recommendation
11    as to whether (i) the conduct at issue occurred, (ii) the
12    conduct that did occur was remediable, and (iii) the
13    proposed dismissal should be sustained, shall issue a
14    written order as to whether the teacher must be retained or
15    dismissed for cause from its employ. The school board's
16    written order shall incorporate the hearing officer's
17    findings of fact, except that the school board may modify
18    or supplement the findings of fact if, in its opinion, the
19    findings of fact are against the manifest weight of the
20    evidence.
21        If the school board dismisses the teacher
22    notwithstanding the hearing officer's findings of fact and
23    recommendation, the school board shall make a conclusion in
24    its written order, giving its reasons therefor, and such
25    conclusion and reasons must be included in its written
26    order. The failure of the school board to strictly adhere

 

 

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1    to the timelines contained in this Section shall not render
2    it without jurisdiction to dismiss the teacher. The school
3    board shall not lose jurisdiction to discharge the teacher
4    for cause if the hearing officer fails to render a
5    recommendation within the time specified in this Section.
6    The decision of the school board is final, unless reviewed
7    as provided in paragraph (9) of this subsection (d).
8        If the school board retains the teacher, the school
9    board shall enter a written order stating the amount of
10    back pay and lost benefits, less mitigation, to be paid to
11    the teacher, within 45 days after its retention order.
12    Should the teacher object to the amount of the back pay and
13    lost benefits or amount mitigated, the teacher shall give
14    written objections to the amount within 21 days. If the
15    parties fail to reach resolution within 7 days, the dispute
16    shall be referred to the hearing officer, who shall
17    consider the school board's written order and teacher's
18    written objection and determine the amount to which the
19    school board is liable. The costs of the hearing officer's
20    review and determination must be paid by the board.
21        (9) The decision of the hearing officer pursuant to
22    Article 24A of this Code or of the school board's decision
23    to dismiss for cause is final unless reviewed as provided
24    in Section 24-16 of this Code. If the school board's
25    decision to dismiss for cause is contrary to the hearing
26    officer's recommendation, the court on review shall give

 

 

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1    consideration to the school board's decision and its
2    supplemental findings of fact, if applicable, and the
3    hearing officer's findings of fact and recommendation in
4    making its decision. In the event such review is
5    instituted, the school board shall be responsible for
6    preparing and filing the record of proceedings, and such
7    costs associated therewith must be divided equally between
8    the parties.
9        (10) If a decision of the hearing officer for dismissal
10    pursuant to Article 24A of this Code or of the school board
11    for dismissal for cause is adjudicated upon review or
12    appeal in favor of the teacher, then the trial court shall
13    order reinstatement and shall remand the matter to the
14    school board with direction for entry of an order setting
15    the amount of back pay, lost benefits, and costs, less
16    mitigation. The teacher may challenge the school board's
17    order setting the amount of back pay, lost benefits, and
18    costs, less mitigation, through an expedited arbitration
19    procedure, with the costs of the arbitrator borne by the
20    school board.
21        Any teacher who is reinstated by any hearing or
22    adjudication brought under this Section shall be assigned
23    by the board to a position substantially similar to the one
24    which that teacher held prior to that teacher's suspension
25    or dismissal.
26        (11) Subject to any later effective date referenced in

 

 

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1    this Section for a specific aspect of the dismissal
2    process, the changes made by Public Act 97-8 shall apply to
3    dismissals instituted on or after September 1, 2011. Any
4    dismissal instituted prior to September 1, 2011 must be
5    carried out in accordance with the requirements of this
6    Section prior to amendment by Public Act 97-8.
7    (e) Nothing contained in Public Act 98-648 repeals,
8supersedes, invalidates, or nullifies final decisions in
9lawsuits pending on July 1, 2014 (the effective date of Public
10Act 98-648) in Illinois courts involving the interpretation of
11Public Act 97-8.
12(Source: P.A. 100-768, eff. 1-1-19; 101-81, eff. 7-12-19;
13101-531, eff. 8-23-19; revised 12-3-19.)
 
14    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
15    Sec. 24A-5. Content of evaluation plans. This Section does
16not apply to teachers assigned to schools identified in an
17agreement entered into between the board of a school district
18operating under Article 34 of this Code and the exclusive
19representative of the district's teachers in accordance with
20Section 34-85c of this Code.
21    Each school district to which this Article applies shall
22establish a teacher evaluation plan which ensures that each
23teacher in contractual continued service is evaluated at least
24once in the course of every 2 school years.
25    By no later than September 1, 2012, each school district

 

 

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1shall establish a teacher evaluation plan that ensures that:
2        (1) each teacher not in contractual continued service
3    is evaluated at least once every school year; and
4        (2) each teacher in contractual continued service is
5    evaluated at least once in the course of every 2 school
6    years. However, any teacher in contractual continued
7    service whose performance is rated as either "needs
8    improvement" or "unsatisfactory" must be evaluated at
9    least once in the school year following the receipt of such
10    rating.
11    Notwithstanding anything to the contrary in this Section or
12any other Section of the School Code, a principal shall not be
13prohibited from evaluating any teachers within a school during
14his or her first year as principal of such school. If a
15first-year principal exercises this option in a school district
16where the evaluation plan provides for a teacher in contractual
17continued service to be evaluated once in the course of every 2
18school years, then a new 2-year evaluation plan must be
19established.
20    The evaluation plan shall comply with the requirements of
21this Section and of any rules adopted by the State Board of
22Education pursuant to this Section.
23    The plan shall include a description of each teacher's
24duties and responsibilities and of the standards to which that
25teacher is expected to conform, and shall include at least the
26following components:

 

 

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1        (a) personal observation of the teacher in the
2    classroom by the evaluator, unless the teacher has no
3    classroom duties.
4        (b) consideration of the teacher's attendance,
5    planning, instructional methods, classroom management,
6    where relevant, and competency in the subject matter
7    taught.
8        (c) by no later than the applicable implementation
9    date, consideration of student growth as a significant
10    factor in the rating of the teacher's performance.
11        (d) prior to September 1, 2012, rating of the
12    performance of teachers in contractual continued service
13    as either:
14            (i) "excellent", "satisfactory" or
15        "unsatisfactory"; or
16            (ii) "excellent", "proficient", "needs
17        improvement" or "unsatisfactory".
18        (e) on and after September 1, 2012, rating of the
19    performance of all teachers as "excellent", "proficient",
20    "needs improvement" or "unsatisfactory".
21        (f) specification as to the teacher's strengths and
22    weaknesses, with supporting reasons for the comments made.
23        (g) inclusion of a copy of the evaluation in the
24    teacher's personnel file and provision of a copy to the
25    teacher.
26        (h) within 30 school days after the completion of an

 

 

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1    evaluation rating a teacher in contractual continued
2    service as "needs improvement", development by the
3    evaluator, in consultation with the teacher, and taking
4    into account the teacher's on-going professional
5    responsibilities including his or her regular teaching
6    assignments, of a professional development plan directed
7    to the areas that need improvement and any supports that
8    the district will provide to address the areas identified
9    as needing improvement.
10        (i) within 30 school days after completion of an
11    evaluation rating a teacher in contractual continued
12    service as "unsatisfactory", development and commencement
13    by the district of a remediation plan designed to correct
14    deficiencies cited, provided the deficiencies are deemed
15    remediable. In all school districts the remediation plan
16    for unsatisfactory, tenured teachers shall provide for 90
17    school days of remediation within the classroom, unless an
18    applicable collective bargaining agreement provides for a
19    shorter duration. In all school districts evaluations
20    issued pursuant to this Section shall be issued within 10
21    days after the conclusion of the respective remediation
22    plan. However, the school board or other governing
23    authority of the district shall not lose jurisdiction to
24    discharge a teacher in the event the evaluation is not
25    issued within 10 days after the conclusion of the
26    respective remediation plan.

 

 

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1        (j) participation in the remediation plan by the
2    teacher in contractual continued service rated
3    "unsatisfactory", an evaluator and a consulting teacher
4    selected by the evaluator of the teacher who was rated
5    "unsatisfactory", which consulting teacher is an
6    educational employee as defined in the Educational Labor
7    Relations Act, has at least 5 years' teaching experience,
8    and a reasonable familiarity with the assignment of the
9    teacher being evaluated, and who received an "excellent"
10    rating on his or her most recent evaluation. Where no
11    teachers who meet these criteria are available within the
12    district, the district shall request and the applicable
13    regional office of education shall supply, to participate
14    in the remediation process, an individual who meets these
15    criteria.
16        In a district having a population of less than 500,000
17    with an exclusive bargaining agent, the bargaining agent
18    may, if it so chooses, supply a roster of qualified
19    teachers from whom the consulting teacher is to be
20    selected. That roster shall, however, contain the names of
21    at least 5 teachers, each of whom meets the criteria for
22    consulting teacher with regard to the teacher being
23    evaluated, or the names of all teachers so qualified if
24    that number is less than 5. In the event of a dispute as to
25    qualification, the State Board shall determine
26    qualification.

 

 

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1        (k) a mid-point and final evaluation by an evaluator
2    during and at the end of the remediation period,
3    immediately following receipt of a remediation plan
4    provided for under subsections (i) and (j) of this Section.
5    Each evaluation shall assess the teacher's performance
6    during the time period since the prior evaluation; provided
7    that the last evaluation shall also include an overall
8    evaluation of the teacher's performance during the
9    remediation period. A written copy of the evaluations and
10    ratings, in which any deficiencies in performance and
11    recommendations for correction are identified, shall be
12    provided to and discussed with the teacher within 10 school
13    days after the date of the evaluation, unless an applicable
14    collective bargaining agreement provides to the contrary.
15    These subsequent evaluations shall be conducted by an
16    evaluator. The consulting teacher shall provide advice to
17    the teacher rated "unsatisfactory" on how to improve
18    teaching skills and to successfully complete the
19    remediation plan. The consulting teacher shall participate
20    in developing the remediation plan, but the final decision
21    as to the evaluation shall be done solely by the evaluator,
22    unless an applicable collective bargaining agreement
23    provides to the contrary. Evaluations at the conclusion of
24    the remediation process shall be separate and distinct from
25    the required annual evaluations of teachers and shall not
26    be subject to the guidelines and procedures relating to

 

 

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1    those annual evaluations. The evaluator may but is not
2    required to use the forms provided for the annual
3    evaluation of teachers in the district's evaluation plan.
4        (l) reinstatement to the evaluation schedule set forth
5    in the district's evaluation plan for any teacher in
6    contractual continued service who achieves a rating equal
7    to or better than "satisfactory" or "proficient" in the
8    school year following a rating of "needs improvement" or
9    "unsatisfactory".
10        (m) dismissal in accordance with subsection (d) of
11    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
12    any teacher who fails to complete any applicable
13    remediation plan with a rating equal to or better than a
14    "satisfactory" or "proficient" rating. Districts and
15    teachers subject to dismissal hearings are precluded from
16    compelling the testimony of consulting teachers at such
17    hearings under subsection (d) of Section 24-12 or Section
18    24-16.5 or 34-85 of this Code, either as to the rating
19    process or for opinions of performances by teachers under
20    remediation.
21        (n) After the implementation date of an evaluation
22    system for teachers in a district as specified in Section
23    24A-2.5 of this Code, if a teacher in contractual continued
24    service successfully completes a remediation plan
25    following a rating of "unsatisfactory" in an annual or
26    biennial overall performance evaluation received after the

 

 

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1    foregoing implementation date and receives a subsequent
2    rating of "unsatisfactory" in any of the teacher's annual
3    or biennial overall performance evaluation ratings
4    received during the 36-month period following the
5    teacher's completion of the remediation plan, then the
6    school district may forego remediation and seek dismissal
7    in accordance with subsection (d) of Section 24-12 or
8    Section 34-85 of this Code.
9    Nothing in this Section or Section 24A-4 shall be construed
10as preventing immediate dismissal of a teacher for deficiencies
11which are deemed irremediable or for actions which are
12injurious to or endanger the health or person of students in
13the classroom or school, or preventing the dismissal or
14non-renewal of teachers not in contractual continued service
15for any reason not prohibited by applicable employment, labor,
16and civil rights laws. Failure to strictly comply with the time
17requirements contained in Section 24A-5 shall not invalidate
18the results of the remediation plan.
19    Nothing contained in this amendatory Act of the 98th
20General Assembly repeals, supersedes, invalidates, or
21nullifies final decisions in lawsuits pending on the effective
22date of this amendatory Act of the 98th General Assembly in
23Illinois courts involving the interpretation of Public Act
2497-8.
25    If the Governor has declared a disaster due to a public
26health emergency pursuant to Section 7 of the Illinois

 

 

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1Emergency Management Agency Act that suspends in-person
2instruction, the timelines in this Section connected to the
3commencement and completion of any remediation plan are waived.
4Except if the parties mutually agree otherwise and the
5agreement is in writing, any remediation plan that had been in
6place for more than 45 days prior to the suspension of
7in-person instruction shall resume when in-person instruction
8resumes and any remediation plan that had been in place for
9fewer than 45 days prior to the suspension of in-person
10instruction shall be discontinued and a new remediation period
11shall begin when in-person instruction resumes. The
12requirements of this paragraph apply regardless of whether they
13are included in a school district's teacher evaluation plan.
14(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
15eff. 7-1-14.)
 
16    (105 ILCS 5/27-3)  (from Ch. 122, par. 27-3)
17    Sec. 27-3. Patriotism and principles of representative
18government - Proper use of flag - Method of voting - Pledge of
19Allegiance. American patriotism and the principles of
20representative government, as enunciated in the American
21Declaration of Independence, the Constitution of the United
22States of America and the Constitution of the State of
23Illinois, and the proper use and display of the American flag,
24shall be taught in all public schools and other educational
25institutions supported or maintained in whole or in part by

 

 

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1public funds. No student shall receive a certificate of
2graduation without passing a satisfactory examination upon
3such subjects, which may be administered remotely.
4    Instruction shall be given in all such schools and
5institutions in the method of voting at elections by means of
6the Australian Ballot system and the method of the counting of
7votes for candidates.
8    The Pledge of Allegiance shall be recited each school day
9by pupils in elementary and secondary educational institutions
10supported or maintained in whole or in part by public funds.
11(Source: P.A. 92-612, eff. 7-3-02.)
 
12    (105 ILCS 5/27-6.5)
13    Sec. 27-6.5. Physical fitness assessments in schools.
14    (a) As used in this Section, "physical fitness assessment"
15means a series of assessments to measure aerobic capacity, body
16composition, muscular strength, muscular endurance, and
17flexibility.
18    (b) To measure the effectiveness of State Goal 20 of the
19Illinois Learning Standards for Physical Development and
20Health, beginning with the 2016-2017 school year and every
21school year thereafter, the State Board of Education shall
22require all public schools to use a scientifically-based,
23health-related physical fitness assessment for grades 3
24through 12 and periodically report fitness information to the
25State Board of Education, as set forth in subsections (c) and

 

 

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1(e) of this Section, to assess student fitness indicators.
2    Public schools shall integrate health-related fitness
3testing into the curriculum as an instructional tool, except in
4grades before the 3rd grade. Fitness tests must be appropriate
5to students' developmental levels and physical abilities. The
6testing must be used to teach students how to assess their
7fitness levels, set goals for improvement, and monitor progress
8in reaching their goals. Fitness scores shall not be used for
9grading students or evaluating teachers.
10    (c) On or before October 1, 2014, the State Superintendent
11of Education shall appoint a 15-member stakeholder and expert
12task force, including members representing organizations that
13represent physical education teachers, school officials,
14principals, health promotion and disease prevention advocates
15and experts, school health advocates and experts, and other
16experts with operational and academic expertise in the
17measurement of fitness. The task force shall make
18recommendations to the State Board of Education on the
19following:
20        (1) methods for ensuring the validity and uniformity of
21    reported physical fitness assessment scores, including
22    assessment administration protocols and professional
23    development approaches for physical education teachers;
24        (2) how often physical fitness assessment scores
25    should be reported to the State Board of Education;
26        (3) the grade levels within elementary, middle, and

 

 

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1    high school categories for which physical fitness
2    assessment scores should be reported to the State Board of
3    Education;
4        (4) the minimum fitness indicators that should be
5    reported to the State Board of Education, including, but
6    not limited to, a score for aerobic capacity (for grades 4
7    through 12); muscular strength; endurance; and
8    flexibility;
9        (5) the demographic information that should accompany
10    the scores, including, but not limited to, grade and
11    gender;
12        (6) the development of protocols regarding the
13    protection of students' confidentiality and individual
14    information and identifiers; and
15        (7) how physical fitness assessment data should be
16    reported by the State Board of Education to the public,
17    including potential correlations with student academic
18    achievement, attendance, and discipline data and other
19    recommended uses of the reported data.
20    The State Board of Education shall provide administrative
21and other support to the task force.
22    The task force shall submit its recommendations on physical
23fitness assessments on or before April 1, 2015. The task force
24may also recommend methods for assessing student progress on
25State Goals 19 and 21 through 24 of the Illinois Learning
26Standards for Physical Development and Health. The task force

 

 

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1is dissolved on April 30, 2015.
2    The provisions of this subsection (c), other than this
3sentence, are inoperative after March 31, 2016.
4    (d) On or before December 31, 2015, the State Board of
5Education shall use the recommendations of the task force under
6subsection (c) of this Section to adopt rules for the
7implementation of physical fitness assessments by each public
8school for the 2016-2017 school year and every school year
9thereafter. The requirements of this Section do not apply if
10the Governor has declared a disaster due to a public health
11emergency pursuant to Section 7 of the Illinois Emergency
12Management Agency Act.
13    (e) On or before September 1, 2016, the State Board of
14Education shall adopt rules for data submission by school
15districts and develop a system for collecting and reporting the
16aggregated fitness information from the physical fitness
17assessments. This system shall also support the collection of
18data from school districts that use a fitness testing software
19program.
20    (f) School districts may report the aggregate findings of
21physical fitness assessments by grade level and school to
22parents and members of the community through typical
23communication channels, such as Internet websites, school
24newsletters, school board reports, and presentations.
25Districts may also provide individual fitness assessment
26reports to students' parents.

 

 

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1    (g) Nothing in this Section precludes schools from
2implementing a physical fitness assessment before the
32016-2017 school year or from implementing more robust forms of
4a physical fitness assessment.
5(Source: P.A. 98-859, eff. 8-4-14.)
 
6    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
7    Sec. 27-8.1. Health examinations and immunizations.
8    (1) In compliance with rules and regulations which the
9Department of Public Health shall promulgate, and except as
10hereinafter provided, all children in Illinois shall have a
11health examination as follows: within one year prior to
12entering kindergarten or the first grade of any public,
13private, or parochial elementary school; upon entering the
14sixth and ninth grades of any public, private, or parochial
15school; prior to entrance into any public, private, or
16parochial nursery school; and, irrespective of grade,
17immediately prior to or upon entrance into any public, private,
18or parochial school or nursery school, each child shall present
19proof of having been examined in accordance with this Section
20and the rules and regulations promulgated hereunder. Any child
21who received a health examination within one year prior to
22entering the fifth grade for the 2007-2008 school year is not
23required to receive an additional health examination in order
24to comply with the provisions of Public Act 95-422 when he or
25she attends school for the 2008-2009 school year, unless the

 

 

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1child is attending school for the first time as provided in
2this paragraph.
3    A tuberculosis skin test screening shall be included as a
4required part of each health examination included under this
5Section if the child resides in an area designated by the
6Department of Public Health as having a high incidence of
7tuberculosis. Additional health examinations of pupils,
8including eye examinations, may be required when deemed
9necessary by school authorities. Parents are encouraged to have
10their children undergo eye examinations at the same points in
11time required for health examinations.
12    (1.5) In compliance with rules adopted by the Department of
13Public Health and except as otherwise provided in this Section,
14all children in kindergarten and the second, sixth, and ninth
15grades of any public, private, or parochial school shall have a
16dental examination. Each of these children shall present proof
17of having been examined by a dentist in accordance with this
18Section and rules adopted under this Section before May 15th of
19the school year. If a child in the second, sixth, or ninth
20grade fails to present proof by May 15th, the school may hold
21the child's report card until one of the following occurs: (i)
22the child presents proof of a completed dental examination or
23(ii) the child presents proof that a dental examination will
24take place within 60 days after May 15th. A school may not
25withhold a child's report card during a school year in which
26the Governor has declared a disaster due to a public health

 

 

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1emergency pursuant to Section 7 of the Illinois Emergency
2Management Agency Act. The Department of Public Health shall
3establish, by rule, a waiver for children who show an undue
4burden or a lack of access to a dentist. Each public, private,
5and parochial school must give notice of this dental
6examination requirement to the parents and guardians of
7students at least 60 days before May 15th of each school year.
8    (1.10) Except as otherwise provided in this Section, all
9children enrolling in kindergarten in a public, private, or
10parochial school on or after January 1, 2008 (the effective
11date of Public Act 95-671) and any student enrolling for the
12first time in a public, private, or parochial school on or
13after January 1, 2008 (the effective date of Public Act 95-671)
14shall have an eye examination. Each of these children shall
15present proof of having been examined by a physician licensed
16to practice medicine in all of its branches or a licensed
17optometrist within the previous year, in accordance with this
18Section and rules adopted under this Section, before October
1915th of the school year. If the child fails to present proof by
20October 15th, the school may hold the child's report card until
21one of the following occurs: (i) the child presents proof of a
22completed eye examination or (ii) the child presents proof that
23an eye examination will take place within 60 days after October
2415th. A school may not withhold a child's report card during a
25school year in which the Governor has declared a disaster due
26to a public health emergency pursuant to Section 7 of the

 

 

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1Illinois Emergency Management Agency Act. The Department of
2Public Health shall establish, by rule, a waiver for children
3who show an undue burden or a lack of access to a physician
4licensed to practice medicine in all of its branches who
5provides eye examinations or to a licensed optometrist. Each
6public, private, and parochial school must give notice of this
7eye examination requirement to the parents and guardians of
8students in compliance with rules of the Department of Public
9Health. Nothing in this Section shall be construed to allow a
10school to exclude a child from attending because of a parent's
11or guardian's failure to obtain an eye examination for the
12child.
13    (2) The Department of Public Health shall promulgate rules
14and regulations specifying the examinations and procedures
15that constitute a health examination, which shall include an
16age-appropriate developmental screening, an age-appropriate
17social and emotional screening, and the collection of data
18relating to asthma and obesity (including at a minimum, date of
19birth, gender, height, weight, blood pressure, and date of
20exam), and a dental examination and may recommend by rule that
21certain additional examinations be performed. The rules and
22regulations of the Department of Public Health shall specify
23that a tuberculosis skin test screening shall be included as a
24required part of each health examination included under this
25Section if the child resides in an area designated by the
26Department of Public Health as having a high incidence of

 

 

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1tuberculosis. With respect to the developmental screening and
2the social and emotional screening, the Department of Public
3Health must, no later than January 1, 2019, develop rules and
4appropriate revisions to the Child Health Examination form in
5conjunction with a statewide organization representing school
6boards; a statewide organization representing pediatricians;
7statewide organizations representing individuals holding
8Illinois educator licenses with school support personnel
9endorsements, including school social workers, school
10psychologists, and school nurses; a statewide organization
11representing children's mental health experts; a statewide
12organization representing school principals; the Director of
13Healthcare and Family Services or his or her designee, the
14State Superintendent of Education or his or her designee; and
15representatives of other appropriate State agencies and, at a
16minimum, must recommend the use of validated screening tools
17appropriate to the child's age or grade, and, with regard to
18the social and emotional screening, require recording only
19whether or not the screening was completed. The rules shall
20take into consideration the screening recommendations of the
21American Academy of Pediatrics and must be consistent with the
22State Board of Education's social and emotional learning
23standards. The Department of Public Health shall specify that a
24diabetes screening as defined by rule shall be included as a
25required part of each health examination. Diabetes testing is
26not required.

 

 

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1    Physicians licensed to practice medicine in all of its
2branches, licensed advanced practice registered nurses, or
3licensed physician assistants shall be responsible for the
4performance of the health examinations, other than dental
5examinations, eye examinations, and vision and hearing
6screening, and shall sign all report forms required by
7subsection (4) of this Section that pertain to those portions
8of the health examination for which the physician, advanced
9practice registered nurse, or physician assistant is
10responsible. If a registered nurse performs any part of a
11health examination, then a physician licensed to practice
12medicine in all of its branches must review and sign all
13required report forms. Licensed dentists shall perform all
14dental examinations and shall sign all report forms required by
15subsection (4) of this Section that pertain to the dental
16examinations. Physicians licensed to practice medicine in all
17its branches or licensed optometrists shall perform all eye
18examinations required by this Section and shall sign all report
19forms required by subsection (4) of this Section that pertain
20to the eye examination. For purposes of this Section, an eye
21examination shall at a minimum include history, visual acuity,
22subjective refraction to best visual acuity near and far,
23internal and external examination, and a glaucoma evaluation,
24as well as any other tests or observations that in the
25professional judgment of the doctor are necessary. Vision and
26hearing screening tests, which shall not be considered

 

 

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1examinations as that term is used in this Section, shall be
2conducted in accordance with rules and regulations of the
3Department of Public Health, and by individuals whom the
4Department of Public Health has certified. In these rules and
5regulations, the Department of Public Health shall require that
6individuals conducting vision screening tests give a child's
7parent or guardian written notification, before the vision
8screening is conducted, that states, "Vision screening is not a
9substitute for a complete eye and vision evaluation by an eye
10doctor. Your child is not required to undergo this vision
11screening if an optometrist or ophthalmologist has completed
12and signed a report form indicating that an examination has
13been administered within the previous 12 months.".
14    (2.5) With respect to the developmental screening and the
15social and emotional screening portion of the health
16examination, each child may present proof of having been
17screened in accordance with this Section and the rules adopted
18under this Section before October 15th of the school year. With
19regard to the social and emotional screening only, the
20examining health care provider shall only record whether or not
21the screening was completed. If the child fails to present
22proof of the developmental screening or the social and
23emotional screening portions of the health examination by
24October 15th of the school year, qualified school support
25personnel may, with a parent's or guardian's consent, offer the
26developmental screening or the social and emotional screening

 

 

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1to the child. Each public, private, and parochial school must
2give notice of the developmental screening and social and
3emotional screening requirements to the parents and guardians
4of students in compliance with the rules of the Department of
5Public Health. Nothing in this Section shall be construed to
6allow a school to exclude a child from attending because of a
7parent's or guardian's failure to obtain a developmental
8screening or a social and emotional screening for the child.
9Once a developmental screening or a social and emotional
10screening is completed and proof has been presented to the
11school, the school may, with a parent's or guardian's consent,
12make available appropriate school personnel to work with the
13parent or guardian, the child, and the provider who signed the
14screening form to obtain any appropriate evaluations and
15services as indicated on the form and in other information and
16documentation provided by the parents, guardians, or provider.
17    (3) Every child shall, at or about the same time as he or
18she receives a health examination required by subsection (1) of
19this Section, present to the local school proof of having
20received such immunizations against preventable communicable
21diseases as the Department of Public Health shall require by
22rules and regulations promulgated pursuant to this Section and
23the Communicable Disease Prevention Act.
24    (4) The individuals conducting the health examination,
25dental examination, or eye examination shall record the fact of
26having conducted the examination, and such additional

 

 

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1information as required, including for a health examination
2data relating to asthma and obesity (including at a minimum,
3date of birth, gender, height, weight, blood pressure, and date
4of exam), on uniform forms which the Department of Public
5Health and the State Board of Education shall prescribe for
6statewide use. The examiner shall summarize on the report form
7any condition that he or she suspects indicates a need for
8special services, including for a health examination factors
9relating to asthma or obesity. The duty to summarize on the
10report form does not apply to social and emotional screenings.
11The confidentiality of the information and records relating to
12the developmental screening and the social and emotional
13screening shall be determined by the statutes, rules, and
14professional ethics governing the type of provider conducting
15the screening. The individuals confirming the administration
16of required immunizations shall record as indicated on the form
17that the immunizations were administered.
18    (5) If a child does not submit proof of having had either
19the health examination or the immunization as required, then
20the child shall be examined or receive the immunization, as the
21case may be, and present proof by October 15 of the current
22school year, or by an earlier date of the current school year
23established by a school district. To establish a date before
24October 15 of the current school year for the health
25examination or immunization as required, a school district must
26give notice of the requirements of this Section 60 days prior

 

 

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1to the earlier established date. If for medical reasons one or
2more of the required immunizations must be given after October
315 of the current school year, or after an earlier established
4date of the current school year, then the child shall present,
5by October 15, or by the earlier established date, a schedule
6for the administration of the immunizations and a statement of
7the medical reasons causing the delay, both the schedule and
8the statement being issued by the physician, advanced practice
9registered nurse, physician assistant, registered nurse, or
10local health department that will be responsible for
11administration of the remaining required immunizations. If a
12child does not comply by October 15, or by the earlier
13established date of the current school year, with the
14requirements of this subsection, then the local school
15authority shall exclude that child from school until such time
16as the child presents proof of having had the health
17examination as required and presents proof of having received
18those required immunizations which are medically possible to
19receive immediately. During a child's exclusion from school for
20noncompliance with this subsection, the child's parents or
21legal guardian shall be considered in violation of Section 26-1
22and subject to any penalty imposed by Section 26-10. This
23subsection (5) does not apply to dental examinations, eye
24examinations, and the developmental screening and the social
25and emotional screening portions of the health examination. If
26the student is an out-of-state transfer student and does not

 

 

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1have the proof required under this subsection (5) before
2October 15 of the current year or whatever date is set by the
3school district, then he or she may only attend classes (i) if
4he or she has proof that an appointment for the required
5vaccinations has been scheduled with a party authorized to
6submit proof of the required vaccinations. If the proof of
7vaccination required under this subsection (5) is not submitted
8within 30 days after the student is permitted to attend
9classes, then the student is not to be permitted to attend
10classes until proof of the vaccinations has been properly
11submitted. No school district or employee of a school district
12shall be held liable for any injury or illness to another
13person that results from admitting an out-of-state transfer
14student to class that has an appointment scheduled pursuant to
15this subsection (5).
16    (6) Every school shall report to the State Board of
17Education by November 15, in the manner which that agency shall
18require, the number of children who have received the necessary
19immunizations and the health examination (other than a dental
20examination or eye examination) as required, indicating, of
21those who have not received the immunizations and examination
22as required, the number of children who are exempt from health
23examination and immunization requirements on religious or
24medical grounds as provided in subsection (8). On or before
25December 1 of each year, every public school district and
26registered nonpublic school shall make publicly available the

 

 

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1immunization data they are required to submit to the State
2Board of Education by November 15. The immunization data made
3publicly available must be identical to the data the school
4district or school has reported to the State Board of
5Education.
6    Every school shall report to the State Board of Education
7by June 30, in the manner that the State Board requires, the
8number of children who have received the required dental
9examination, indicating, of those who have not received the
10required dental examination, the number of children who are
11exempt from the dental examination on religious grounds as
12provided in subsection (8) of this Section and the number of
13children who have received a waiver under subsection (1.5) of
14this Section.
15    Every school shall report to the State Board of Education
16by June 30, in the manner that the State Board requires, the
17number of children who have received the required eye
18examination, indicating, of those who have not received the
19required eye examination, the number of children who are exempt
20from the eye examination as provided in subsection (8) of this
21Section, the number of children who have received a waiver
22under subsection (1.10) of this Section, and the total number
23of children in noncompliance with the eye examination
24requirement.
25    The reported information under this subsection (6) shall be
26provided to the Department of Public Health by the State Board

 

 

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1of Education.
2    (7) Upon determining that the number of pupils who are
3required to be in compliance with subsection (5) of this
4Section is below 90% of the number of pupils enrolled in the
5school district, 10% of each State aid payment made pursuant to
6Section 18-8.05 or 18-8.15 to the school district for such year
7may be withheld by the State Board of Education until the
8number of students in compliance with subsection (5) is the
9applicable specified percentage or higher.
10    (8) Children of parents or legal guardians who object to
11health, dental, or eye examinations or any part thereof, to
12immunizations, or to vision and hearing screening tests on
13religious grounds shall not be required to undergo the
14examinations, tests, or immunizations to which they so object
15if such parents or legal guardians present to the appropriate
16local school authority a signed Certificate of Religious
17Exemption detailing the grounds for objection and the specific
18immunizations, tests, or examinations to which they object. The
19grounds for objection must set forth the specific religious
20belief that conflicts with the examination, test,
21immunization, or other medical intervention. The signed
22certificate shall also reflect the parent's or legal guardian's
23understanding of the school's exclusion policies in the case of
24a vaccine-preventable disease outbreak or exposure. The
25certificate must also be signed by the authorized examining
26health care provider responsible for the performance of the

 

 

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1child's health examination confirming that the provider
2provided education to the parent or legal guardian on the
3benefits of immunization and the health risks to the student
4and to the community of the communicable diseases for which
5immunization is required in this State. However, the health
6care provider's signature on the certificate reflects only that
7education was provided and does not allow a health care
8provider grounds to determine a religious exemption. Those
9receiving immunizations required under this Code shall be
10provided with the relevant vaccine information statements that
11are required to be disseminated by the federal National
12Childhood Vaccine Injury Act of 1986, which may contain
13information on circumstances when a vaccine should not be
14administered, prior to administering a vaccine. A healthcare
15provider may consider including without limitation the
16nationally accepted recommendations from federal agencies such
17as the Advisory Committee on Immunization Practices, the
18information outlined in the relevant vaccine information
19statement, and vaccine package inserts, along with the
20healthcare provider's clinical judgment, to determine whether
21any child may be more susceptible to experiencing an adverse
22vaccine reaction than the general population, and, if so, the
23healthcare provider may exempt the child from an immunization
24or adopt an individualized immunization schedule. The
25Certificate of Religious Exemption shall be created by the
26Department of Public Health and shall be made available and

 

 

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1used by parents and legal guardians by the beginning of the
22015-2016 school year. Parents or legal guardians must submit
3the Certificate of Religious Exemption to their local school
4authority prior to entering kindergarten, sixth grade, and
5ninth grade for each child for which they are requesting an
6exemption. The religious objection stated need not be directed
7by the tenets of an established religious organization.
8However, general philosophical or moral reluctance to allow
9physical examinations, eye examinations, immunizations, vision
10and hearing screenings, or dental examinations does not provide
11a sufficient basis for an exception to statutory requirements.
12The local school authority is responsible for determining if
13the content of the Certificate of Religious Exemption
14constitutes a valid religious objection. The local school
15authority shall inform the parent or legal guardian of
16exclusion procedures, in accordance with the Department's
17rules under Part 690 of Title 77 of the Illinois Administrative
18Code, at the time the objection is presented.
19    If the physical condition of the child is such that any one
20or more of the immunizing agents should not be administered,
21the examining physician, advanced practice registered nurse,
22or physician assistant responsible for the performance of the
23health examination shall endorse that fact upon the health
24examination form.
25    Exempting a child from the health, dental, or eye
26examination does not exempt the child from participation in the

 

 

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1program of physical education training provided in Sections
227-5 through 27-7 of this Code.
3    (8.5) The school board of a school district shall include
4informational materials regarding influenza and influenza
5vaccinations and meningococcal disease and meningococcal
6vaccinations developed, provided, or approved by the
7Department of Public Health under Section 2310-700 of the
8Department of Public Health Powers and Duties Law of the Civil
9Administrative Code of Illinois when the board provides
10information on immunizations, infectious diseases,
11medications, or other school health issues to the parents or
12guardians of students.
13    (9) For the purposes of this Section, "nursery schools"
14means those nursery schools operated by elementary school
15systems or secondary level school units or institutions of
16higher learning.
17(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
18100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
198-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
20eff. 7-12-19.)
 
21    (105 ILCS 5/27-21)  (from Ch. 122, par. 27-21)
22    (Text of Section before amendment by P.A. 101-227)
23    Sec. 27-21. History of United States. History of the United
24States shall be taught in all public schools and in all other
25educational institutions in this State supported or

 

 

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1maintained, in whole or in part, by public funds. The teaching
2of history shall have as one of its objectives the imparting to
3pupils of a comprehensive idea of our democratic form of
4government and the principles for which our government stands
5as regards other nations, including the studying of the place
6of our government in world-wide movements and the leaders
7thereof, with particular stress upon the basic principles and
8ideals of our representative form of government. The teaching
9of history shall include a study of the role and contributions
10of African Americans and other ethnic groups, including, but
11not restricted to, Polish, Lithuanian, German, Hungarian,
12Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
13French, Scots, Hispanics, Asian Americans, etc., in the history
14of this country and this State. To reinforce the study of the
15role and contributions of Hispanics, such curriculum shall
16include the study of the events related to the forceful removal
17and illegal deportation of Mexican-American U.S. citizens
18during the Great Depression. The teaching of history also shall
19include a study of the role of labor unions and their
20interaction with government in achieving the goals of a mixed
21free enterprise system. Beginning with the 2020-2021 school
22year, the teaching of history must also include instruction on
23the history of Illinois. No pupils shall be graduated from the
24eighth grade of any public school unless he has received such
25instruction in the history of the United States and gives
26evidence of having a comprehensive knowledge thereof, which may

 

 

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1be administered remotely.
2(Source: P.A. 101-341, eff. 1-1-20; revised 9-19-19.)
 
3    (Text of Section after amendment by P.A. 101-227)
4    Sec. 27-21. History of United States. History of the United
5States shall be taught in all public schools and in all other
6educational institutions in this State supported or
7maintained, in whole or in part, by public funds. The teaching
8of history shall have as one of its objectives the imparting to
9pupils of a comprehensive idea of our democratic form of
10government and the principles for which our government stands
11as regards other nations, including the studying of the place
12of our government in world-wide movements and the leaders
13thereof, with particular stress upon the basic principles and
14ideals of our representative form of government. The teaching
15of history shall include a study of the role and contributions
16of African Americans and other ethnic groups, including, but
17not restricted to, Polish, Lithuanian, German, Hungarian,
18Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
19French, Scots, Hispanics, Asian Americans, etc., in the history
20of this country and this State. To reinforce the study of the
21role and contributions of Hispanics, such curriculum shall
22include the study of the events related to the forceful removal
23and illegal deportation of Mexican-American U.S. citizens
24during the Great Depression. In public schools only, the
25teaching of history shall include a study of the roles and

 

 

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1contributions of lesbian, gay, bisexual, and transgender
2people in the history of this country and this State. The
3teaching of history also shall include a study of the role of
4labor unions and their interaction with government in achieving
5the goals of a mixed free enterprise system. Beginning with the
62020-2021 school year, the teaching of history must also
7include instruction on the history of Illinois. No pupils shall
8be graduated from the eighth grade of any public school unless
9he or she has received such instruction in the history of the
10United States and gives evidence of having a comprehensive
11knowledge thereof, which may be administered remotely.
12(Source: P.A. 101-227, eff. 7-1-20; 101-341, eff. 1-1-20;
13revised 9-19-19.)
 
14    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
15    Sec. 27-22. Required high school courses.
16    (a) (Blank).
17    (b) (Blank).
18    (c) (Blank).
19    (d) (Blank).
20    (e) As a prerequisite to receiving a high school diploma,
21each pupil entering the 9th grade must, in addition to other
22course requirements, successfully complete all of the
23following courses:
24        (1) Four years of language arts.
25        (2) Two years of writing intensive courses, one of

 

 

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1    which must be English and the other of which may be English
2    or any other subject. When applicable, writing-intensive
3    courses may be counted towards the fulfillment of other
4    graduation requirements.
5        (3) Three years of mathematics, one of which must be
6    Algebra I, one of which must include geometry content, and
7    one of which may be an Advanced Placement computer science
8    course. A mathematics course that includes geometry
9    content may be offered as an integrated, applied,
10    interdisciplinary, or career and technical education
11    course that prepares a student for a career readiness path.
12        (4) Two years of science.
13        (5) Two years of social studies, of which at least one
14    year must be history of the United States or a combination
15    of history of the United States and American government
16    and, beginning with pupils entering the 9th grade in the
17    2016-2017 school year and each school year thereafter, at
18    least one semester must be civics, which shall help young
19    people acquire and learn to use the skills, knowledge, and
20    attitudes that will prepare them to be competent and
21    responsible citizens throughout their lives. Civics course
22    content shall focus on government institutions, the
23    discussion of current and controversial issues, service
24    learning, and simulations of the democratic process.
25    School districts may utilize private funding available for
26    the purposes of offering civics education.

 

 

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1        (6) One year chosen from (A) music, (B) art, (C)
2    foreign language, which shall be deemed to include American
3    Sign Language, or (D) vocational education.
4    (f) The State Board of Education shall develop and inform
5school districts of standards for writing-intensive
6coursework.
7    (f-5) If a school district offers an Advanced Placement
8computer science course to high school students, then the
9school board must designate that course as equivalent to a high
10school mathematics course and must denote on the student's
11transcript that the Advanced Placement computer science course
12qualifies as a mathematics-based, quantitative course for
13students in accordance with subdivision (3) of subsection (e)
14of this Section.
15    (g) This amendatory Act of 1983 does not apply to pupils
16entering the 9th grade in 1983-1984 school year and prior
17school years or to students with disabilities whose course of
18study is determined by an individualized education program.
19    This amendatory Act of the 94th General Assembly does not
20apply to pupils entering the 9th grade in the 2004-2005 school
21year or a prior school year or to students with disabilities
22whose course of study is determined by an individualized
23education program.
24    (h) The provisions of this Section are subject to the
25provisions of Section 27-22.05 of this Code and the
26Postsecondary and Workforce Readiness Act.

 

 

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1    (i) The State Board of Education may adopt rules to modify
2the requirements of this Section for any students enrolled in
3grades 9 through 12 if the Governor has declared a disaster due
4to a public health emergency pursuant to Section 7 of the
5Illinois Emergency Management Agency Act.
6(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20.)
 
7    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
8    Sec. 34-2.1. Local School Councils - Composition -
9Voter-Eligibility - Elections - Terms.
10    (a) A local school council shall be established for each
11attendance center within the school district. Each local school
12council shall consist of the following 12 voting members: the
13principal of the attendance center, 2 teachers employed and
14assigned to perform the majority of their employment duties at
15the attendance center, 6 parents of students currently enrolled
16at the attendance center, one employee of the school district
17employed and assigned to perform the majority of his or her
18employment duties at the attendance center who is not a
19teacher, and 2 community residents. Neither the parents nor the
20community residents who serve as members of the local school
21council shall be employees of the Board of Education. In each
22secondary attendance center, the local school council shall
23consist of 13 voting members -- the 12 voting members described
24above and one full-time student member, appointed as provided
25in subsection (m) below. In the event that the chief executive

 

 

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1officer of the Chicago School Reform Board of Trustees
2determines that a local school council is not carrying out its
3financial duties effectively, the chief executive officer is
4authorized to appoint a representative of the business
5community with experience in finance and management to serve as
6an advisor to the local school council for the purpose of
7providing advice and assistance to the local school council on
8fiscal matters. The advisor shall have access to relevant
9financial records of the local school council. The advisor may
10attend executive sessions. The chief executive officer shall
11issue a written policy defining the circumstances under which a
12local school council is not carrying out its financial duties
13effectively.
14    (b) Within 7 days of January 11, 1991, the Mayor shall
15appoint the members and officers (a Chairperson who shall be a
16parent member and a Secretary) of each local school council who
17shall hold their offices until their successors shall be
18elected and qualified. Members so appointed shall have all the
19powers and duties of local school councils as set forth in this
20amendatory Act of 1991. The Mayor's appointments shall not
21require approval by the City Council.
22    The membership of each local school council shall be
23encouraged to be reflective of the racial and ethnic
24composition of the student population of the attendance center
25served by the local school council.
26    (c) Beginning with the 1995-1996 school year and in every

 

 

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1even-numbered year thereafter, the Board shall set second
2semester Parent Report Card Pick-up Day for Local School
3Council elections and may schedule elections at year-round
4schools for the same dates as the remainder of the school
5system. Elections shall be conducted as provided herein by the
6Board of Education in consultation with the local school
7council at each attendance center.
8    (c-5) Notwithstanding subsection (c), for the local school
9council election set for the 2019-2020 school year, the Board
10may hold the election on the first semester Parent Report Card
11Pick-up Day of the 2020-2021 school year, making any necessary
12modifications to the election process or date to comply with
13guidance from the Department of Public Health and the federal
14Centers for Disease Control and Prevention. The terms of office
15of all local school council members eligible to serve and
16seated on or after March 23, 2020 through January 10, 2021 are
17extended through January 10, 2021, provided that the members
18continue to meet eligibility requirements for local school
19council membership.
20    (d) Beginning with the 1995-96 school year, the following
21procedures shall apply to the election of local school council
22members at each attendance center:
23        (i) The elected members of each local school council
24    shall consist of the 6 parent members and the 2 community
25    resident members.
26        (ii) Each elected member shall be elected by the

 

 

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1    eligible voters of that attendance center to serve for a
2    two-year term commencing on July 1 immediately following
3    the election described in subsection (c), except that the
4    terms of members elected to a local school council under
5    subsection (c-5) shall commence on January 11, 2021 and end
6    on July 1, 2022. Eligible voters for each attendance center
7    shall consist of the parents and community residents for
8    that attendance center.
9        (iii) Each eligible voter shall be entitled to cast one
10    vote for up to a total of 5 candidates, irrespective of
11    whether such candidates are parent or community resident
12    candidates.
13        (iv) Each parent voter shall be entitled to vote in the
14    local school council election at each attendance center in
15    which he or she has a child currently enrolled. Each
16    community resident voter shall be entitled to vote in the
17    local school council election at each attendance center for
18    which he or she resides in the applicable attendance area
19    or voting district, as the case may be.
20        (v) Each eligible voter shall be entitled to vote once,
21    but not more than once, in the local school council
22    election at each attendance center at which the voter is
23    eligible to vote.
24        (vi) The 2 teacher members and the non-teacher employee
25    member of each local school council shall be appointed as
26    provided in subsection (l) below each to serve for a

 

 

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1    two-year term coinciding with that of the elected parent
2    and community resident members. From March 23, 2020 through
3    January 10, 2021, the chief executive officer or his or her
4    designee may make accommodations to fill the vacancy of a
5    teacher or non-teacher employee member of a local school
6    council.
7        (vii) At secondary attendance centers, the voting
8    student member shall be appointed as provided in subsection
9    (m) below to serve for a one-year term coinciding with the
10    beginning of the terms of the elected parent and community
11    members of the local school council. For the 2020-2021
12    school year, the chief executive officer or his or her
13    designee may make accommodations to fill the vacancy of a
14    student member of a local school council.
15    (e) The Council shall publicize the date and place of the
16election by posting notices at the attendance center, in public
17places within the attendance boundaries of the attendance
18center and by distributing notices to the pupils at the
19attendance center, and shall utilize such other means as it
20deems necessary to maximize the involvement of all eligible
21voters.
22    (f) Nomination. The Council shall publicize the opening of
23nominations by posting notices at the attendance center, in
24public places within the attendance boundaries of the
25attendance center and by distributing notices to the pupils at
26the attendance center, and shall utilize such other means as it

 

 

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1deems necessary to maximize the involvement of all eligible
2voters. Not less than 2 weeks before the election date, persons
3eligible to run for the Council shall submit their name, date
4of birth, social security number, if available, and some
5evidence of eligibility to the Council. The Council shall
6encourage nomination of candidates reflecting the
7racial/ethnic population of the students at the attendance
8center. Each person nominated who runs as a candidate shall
9disclose, in a manner determined by the Board, any economic
10interest held by such person, by such person's spouse or
11children, or by each business entity in which such person has
12an ownership interest, in any contract with the Board, any
13local school council or any public school in the school
14district. Each person nominated who runs as a candidate shall
15also disclose, in a manner determined by the Board, if he or
16she ever has been convicted of any of the offenses specified in
17subsection (c) of Section 34-18.5; provided that neither this
18provision nor any other provision of this Section shall be
19deemed to require the disclosure of any information that is
20contained in any law enforcement record or juvenile court
21record that is confidential or whose accessibility or
22disclosure is restricted or prohibited under Section 5-901 or
235-905 of the Juvenile Court Act of 1987. Failure to make such
24disclosure shall render a person ineligible for election or to
25serve on the local school council. The same disclosure shall be
26required of persons under consideration for appointment to the

 

 

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1Council pursuant to subsections (l) and (m) of this Section.
2    (f-5) Notwithstanding disclosure, a person who has been
3convicted of any of the following offenses at any time shall be
4ineligible for election or appointment to a local school
5council and ineligible for appointment to a local school
6council pursuant to subsections (l) and (m) of this Section:
7(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
811-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
911-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1012-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
11Section 11-14.3, of the Criminal Code of 1961 or the Criminal
12Code of 2012, or (ii) any offense committed or attempted in any
13other state or against the laws of the United States, which, if
14committed or attempted in this State, would have been
15punishable as one or more of the foregoing offenses.
16Notwithstanding disclosure, a person who has been convicted of
17any of the following offenses within the 10 years previous to
18the date of nomination or appointment shall be ineligible for
19election or appointment to a local school council: (i) those
20defined in Section 401.1, 405.1, or 405.2 of the Illinois
21Controlled Substances Act or (ii) any offense committed or
22attempted in any other state or against the laws of the United
23States, which, if committed or attempted in this State, would
24have been punishable as one or more of the foregoing offenses.
25    Immediately upon election or appointment, incoming local
26school council members shall be required to undergo a criminal

 

 

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1background investigation, to be completed prior to the member
2taking office, in order to identify any criminal convictions
3under the offenses enumerated in Section 34-18.5. The
4investigation shall be conducted by the Department of State
5Police in the same manner as provided for in Section 34-18.5.
6However, notwithstanding Section 34-18.5, the social security
7number shall be provided only if available. If it is determined
8at any time that a local school council member or member-elect
9has been convicted of any of the offenses enumerated in this
10Section or failed to disclose a conviction of any of the
11offenses enumerated in Section 34-18.5, the general
12superintendent shall notify the local school council member or
13member-elect of such determination and the local school council
14member or member-elect shall be removed from the local school
15council by the Board, subject to a hearing, convened pursuant
16to Board rule, prior to removal.
17    (g) At least one week before the election date, the Council
18shall publicize, in the manner provided in subsection (e), the
19names of persons nominated for election.
20    (h) Voting shall be in person by secret ballot at the
21attendance center between the hours of 6:00 a.m. and 7:00 p.m.
22    (i) Candidates receiving the highest number of votes shall
23be declared elected by the Council. In cases of a tie, the
24Council shall determine the winner by lot.
25    (j) The Council shall certify the results of the election
26and shall publish the results in the minutes of the Council.

 

 

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1    (k) The general superintendent shall resolve any disputes
2concerning election procedure or results and shall ensure that,
3except as provided in subsections (e) and (g), no resources of
4any attendance center shall be used to endorse or promote any
5candidate.
6    (l) Beginning with the 1995-1996 school year and in every
7even numbered year thereafter, the Board shall appoint 2
8teacher members to each local school council. These
9appointments shall be made in the following manner:
10        (i) The Board shall appoint 2 teachers who are employed
11    and assigned to perform the majority of their employment
12    duties at the attendance center to serve on the local
13    school council of the attendance center for a two-year term
14    coinciding with the terms of the elected parent and
15    community members of that local school council. These
16    appointments shall be made from among those teachers who
17    are nominated in accordance with subsection (f).
18        (ii) A non-binding, advisory poll to ascertain the
19    preferences of the school staff regarding appointments of
20    teachers to the local school council for that attendance
21    center shall be conducted in accordance with the procedures
22    used to elect parent and community Council
23    representatives. At such poll, each member of the school
24    staff shall be entitled to indicate his or her preference
25    for up to 2 candidates from among those who submitted
26    statements of candidacy as described above. These

 

 

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1    preferences shall be advisory only and the Board shall
2    maintain absolute discretion to appoint teacher members to
3    local school councils, irrespective of the preferences
4    expressed in any such poll.
5        (iii) In the event that a teacher representative is
6    unable to perform his or her employment duties at the
7    school due to illness, disability, leave of absence,
8    disciplinary action, or any other reason, the Board shall
9    declare a temporary vacancy and appoint a replacement
10    teacher representative to serve on the local school council
11    until such time as the teacher member originally appointed
12    pursuant to this subsection (l) resumes service at the
13    attendance center or for the remainder of the term. The
14    replacement teacher representative shall be appointed in
15    the same manner and by the same procedures as teacher
16    representatives are appointed in subdivisions (i) and (ii)
17    of this subsection (l).
18    (m) Beginning with the 1995-1996 school year, and in every
19year thereafter, the Board shall appoint one student member to
20each secondary attendance center. These appointments shall be
21made in the following manner:
22        (i) Appointments shall be made from among those
23    students who submit statements of candidacy to the
24    principal of the attendance center, such statements to be
25    submitted commencing on the first day of the twentieth week
26    of school and continuing for 2 weeks thereafter. The form

 

 

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1    and manner of such candidacy statements shall be determined
2    by the Board.
3        (ii) During the twenty-second week of school in every
4    year, the principal of each attendance center shall conduct
5    a non-binding, advisory poll to ascertain the preferences
6    of the school students regarding the appointment of a
7    student to the local school council for that attendance
8    center. At such poll, each student shall be entitled to
9    indicate his or her preference for up to one candidate from
10    among those who submitted statements of candidacy as
11    described above. The Board shall promulgate rules to ensure
12    that these non-binding, advisory polls are conducted in a
13    fair and equitable manner and maximize the involvement of
14    all school students. The preferences expressed in these
15    non-binding, advisory polls shall be transmitted by the
16    principal to the Board. However, these preferences shall be
17    advisory only and the Board shall maintain absolute
18    discretion to appoint student members to local school
19    councils, irrespective of the preferences expressed in any
20    such poll.
21        (iii) For the 1995-96 school year only, appointments
22    shall be made from among those students who submitted
23    statements of candidacy to the principal of the attendance
24    center during the first 2 weeks of the school year. The
25    principal shall communicate the results of any nonbinding,
26    advisory poll to the Board. These results shall be advisory

 

 

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1    only, and the Board shall maintain absolute discretion to
2    appoint student members to local school councils,
3    irrespective of the preferences expressed in any such poll.
4    (n) The Board may promulgate such other rules and
5regulations for election procedures as may be deemed necessary
6to ensure fair elections.
7    (o) In the event that a vacancy occurs during a member's
8term, the Council shall appoint a person eligible to serve on
9the Council, to fill the unexpired term created by the vacancy,
10except that any teacher vacancy shall be filled by the Board
11after considering the preferences of the school staff as
12ascertained through a non-binding advisory poll of school
13staff.
14    (p) If less than the specified number of persons is elected
15within each candidate category, the newly elected local school
16council shall appoint eligible persons to serve as members of
17the Council for two-year terms.
18    (q) The Board shall promulgate rules regarding conflicts of
19interest and disclosure of economic interests which shall apply
20to local school council members and which shall require reports
21or statements to be filed by Council members at regular
22intervals with the Secretary of the Board. Failure to comply
23with such rules or intentionally falsifying such reports shall
24be grounds for disqualification from local school council
25membership. A vacancy on the Council for disqualification may
26be so declared by the Secretary of the Board. Rules regarding

 

 

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1conflicts of interest and disclosure of economic interests
2promulgated by the Board shall apply to local school council
3members. No less than 45 days prior to the deadline, the
4general superintendent shall provide notice, by mail, to each
5local school council member of all requirements and forms for
6compliance with economic interest statements.
7    (r) (1) If a parent member of a local school council ceases
8to have any child enrolled in the attendance center governed by
9the Local School Council due to the graduation or voluntary
10transfer of a child or children from the attendance center, the
11parent's membership on the Local School Council and all voting
12rights are terminated immediately as of the date of the child's
13graduation or voluntary transfer. If the child of a parent
14member of a local school council dies during the member's term
15in office, the member may continue to serve on the local school
16council for the balance of his or her term. Further, a local
17school council member may be removed from the Council by a
18majority vote of the Council as provided in subsection (c) of
19Section 34-2.2 if the Council member has missed 3 consecutive
20regular meetings, not including committee meetings, or 5
21regular meetings in a 12 month period, not including committee
22meetings. If a parent member of a local school council ceases
23to be eligible to serve on the Council for any other reason, he
24or she shall be removed by the Board subject to a hearing,
25convened pursuant to Board rule, prior to removal. A vote to
26remove a Council member by the local school council shall only

 

 

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1be valid if the Council member has been notified personally or
2by certified mail, mailed to the person's last known address,
3of the Council's intent to vote on the Council member's removal
4at least 7 days prior to the vote. The Council member in
5question shall have the right to explain his or her actions and
6shall be eligible to vote on the question of his or her removal
7from the Council. The provisions of this subsection shall be
8contained within the petitions used to nominate Council
9candidates.
10    (2) A person may continue to serve as a community resident
11member of a local school council as long as he or she resides
12in the attendance area served by the school and is not employed
13by the Board nor is a parent of a student enrolled at the
14school. If a community resident member ceases to be eligible to
15serve on the Council, he or she shall be removed by the Board
16subject to a hearing, convened pursuant to Board rule, prior to
17removal.
18    (3) A person may continue to serve as a teacher member of a
19local school council as long as he or she is employed and
20assigned to perform a majority of his or her duties at the
21school, provided that if the teacher representative resigns
22from employment with the Board or voluntarily transfers to
23another school, the teacher's membership on the local school
24council and all voting rights are terminated immediately as of
25the date of the teacher's resignation or upon the date of the
26teacher's voluntary transfer to another school. If a teacher

 

 

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1member of a local school council ceases to be eligible to serve
2on a local school council for any other reason, that member
3shall be removed by the Board subject to a hearing, convened
4pursuant to Board rule, prior to removal.
5    (s) As used in this Section only, "community resident"
6means a person, 17 years of age or older, residing within an
7attendance area served by a school, excluding any person who is
8a parent of a student enrolled in that school; provided that
9with respect to any multi-area school, community resident means
10any person, 17 years of age or older, residing within the
11voting district established for that school pursuant to Section
1234-2.1c, excluding any person who is a parent of a student
13enrolled in that school. This definition does not apply to any
14provisions concerning school boards.
15(Source: P.A. 99-597, eff. 1-1-17.)
 
16    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
17    Sec. 34-2.2. Local school councils - Manner of operation.
18    (a) The annual organizational meeting of each local school
19council shall be held at the attendance center or via
20videoconference or teleconference if guidance from the
21Department of Public Health or Centers for Disease Control and
22Prevention limits the size of in-person meetings at the time of
23the meeting. At the annual organization meeting, which shall be
24held no sooner than July 1 and no later than July 14, a parent
25member of the local school council shall be selected by the

 

 

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1members of such council as its chairperson, and a secretary
2shall be selected by the members of such council from among
3their number, each to serve a term of one year. However, an
4organizational meeting held by members elected to a local
5school council under subsection (c-5) of Section 34-2.1 may be
6held no sooner than January 11, 2021 and no later than January
731, 2021. Whenever a vacancy in the office of chairperson or
8secretary of a local school council shall occur, a new
9chairperson (who shall be a parent member) or secretary, as the
10case may be, shall be elected by the members of the local
11school council from among their number to serve as such
12chairperson or secretary for the unexpired term of office in
13which the vacancy occurs. At each annual organizational
14meeting, the time and place of any regular meetings of the
15local school council shall be fixed. Special meetings of the
16local school council may be called by the chairperson or by any
174 members by giving notice thereof in writing, specifying the
18time, place and purpose of the meeting. Public notice of
19meetings shall also be given in accordance with the Open
20Meetings Act.
21    (b) Members and officers of the local school council shall
22serve without compensation and without reimbursement of any
23expenses incurred in the performance of their duties, except
24that the board of education may by rule establish a procedure
25and thereunder provide for reimbursement of members and
26officers of local school councils for such of their reasonable

 

 

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1and necessary expenses (excluding any lodging or meal expenses)
2incurred in the performance of their duties as the board may
3deem appropriate.
4    (c) A majority of the full membership of the local school
5council shall constitute a quorum, and whenever a vote is taken
6on any measure before the local school council, a quorum being
7present, the affirmative vote of a majority of the votes of the
8full membership then serving of the local school council shall
9determine the outcome thereof; provided that whenever the
10measure before the local school council is (i) the evaluation
11of the principal, or (ii) the renewal of his or her performance
12contract or the inclusion of any provision or modification of
13the contract, or (iii) the direct selection by the local school
14council of a new principal (including a new principal to fill a
15vacancy) to serve under a 4 year performance contract, or (iv)
16the determination of the names of candidates to be submitted to
17the general superintendent for the position of principal, the
18principal and student member of a high school council shall not
19be counted for purposes of determining whether a quorum is
20present to act on the measure and shall have no vote thereon;
21and provided further that 7 affirmative votes of the local
22school council shall be required for the direct selection by
23the local school council of a new principal to serve under a 4
24year performance contract but not for the renewal of a
25principal's performance contract.
26    (d) Student members of high school councils shall not be

 

 

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1eligible to vote on personnel matters, including but not
2limited to principal evaluations and contracts and the
3allocation of teaching and staff resources.
4    (e) The local school council of an attendance center which
5provides bilingual education shall be encouraged to provide
6translators at each council meeting to maximize participation
7of parents and the community.
8    (f) Each local school council of an attendance center which
9provides bilingual education shall create a Bilingual Advisory
10Committee or recognize an existing Bilingual Advisory
11Committee as a standing committee. The Chair and a majority of
12the members of the advisory committee shall be parents of
13students in the bilingual education program. The parents on the
14advisory committee shall be selected by parents of students in
15the bilingual education program, and the committee shall select
16a Chair. The advisory committee for each secondary attendance
17center shall include at least one full-time bilingual education
18student. The Bilingual Advisory Committee shall serve only in
19an advisory capacity to the local school council.
20    (g) Local school councils may utilize the services of an
21arbitration board to resolve intra-council disputes.
22(Source: P.A. 91-622, eff. 8-19-99.)
 
23    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
24    Sec. 34-18.5. Criminal history records checks and checks of
25the Statewide Sex Offender Database and Statewide Murderer and

 

 

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1Violent Offender Against Youth Database.
2    (a) Licensed and nonlicensed applicants for employment
3with the school district are required as a condition of
4employment to authorize a fingerprint-based criminal history
5records check to determine if such applicants have been
6convicted of any disqualifying, enumerated criminal or drug
7offense offenses in subsection (c) of this Section or have been
8convicted, within 7 years of the application for employment
9with the school district, of any other felony under the laws of
10this State or of any offense committed or attempted in any
11other state or against the laws of the United States that, if
12committed or attempted in this State, would have been
13punishable as a felony under the laws of this State.
14Authorization for the check shall be furnished by the applicant
15to the school district, except that if the applicant is a
16substitute teacher seeking employment in more than one school
17district, or a teacher seeking concurrent part-time employment
18positions with more than one school district (as a reading
19specialist, special education teacher or otherwise), or an
20educational support personnel employee seeking employment
21positions with more than one district, any such district may
22require the applicant to furnish authorization for the check to
23the regional superintendent of the educational service region
24in which are located the school districts in which the
25applicant is seeking employment as a substitute or concurrent
26part-time teacher or concurrent educational support personnel

 

 

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1employee. Upon receipt of this authorization, the school
2district or the appropriate regional superintendent, as the
3case may be, shall submit the applicant's name, sex, race, date
4of birth, social security number, fingerprint images, and other
5identifiers, as prescribed by the Department of State Police,
6to the Department. The regional superintendent submitting the
7requisite information to the Department of State Police shall
8promptly notify the school districts in which the applicant is
9seeking employment as a substitute or concurrent part-time
10teacher or concurrent educational support personnel employee
11that the check of the applicant has been requested. The
12Department of State Police and the Federal Bureau of
13Investigation shall furnish, pursuant to a fingerprint-based
14criminal history records check, records of convictions,
15forever and hereinafter, until expunged, to the president of
16the school board for the school district that requested the
17check, or to the regional superintendent who requested the
18check. The Department shall charge the school district or the
19appropriate regional superintendent a fee for conducting such
20check, which fee shall be deposited in the State Police
21Services Fund and shall not exceed the cost of the inquiry; and
22the applicant shall not be charged a fee for such check by the
23school district or by the regional superintendent. Subject to
24appropriations for these purposes, the State Superintendent of
25Education shall reimburse the school district and regional
26superintendent for fees paid to obtain criminal history records

 

 

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1checks under this Section.
2    (a-5) The school district or regional superintendent shall
3further perform a check of the Statewide Sex Offender Database,
4as authorized by the Sex Offender Community Notification Law,
5for each applicant. The check of the Statewide Sex Offender
6Database must be conducted by the school district or regional
7superintendent once for every 5 years that an applicant remains
8employed by the school district.
9    (a-6) The school district or regional superintendent shall
10further perform a check of the Statewide Murderer and Violent
11Offender Against Youth Database, as authorized by the Murderer
12and Violent Offender Against Youth Community Notification Law,
13for each applicant. The check of the Murderer and Violent
14Offender Against Youth Database must be conducted by the school
15district or regional superintendent once for every 5 years that
16an applicant remains employed by the school district.
17    (b) Any information concerning the record of convictions
18obtained by the president of the board of education or the
19regional superintendent shall be confidential and may only be
20transmitted to the general superintendent of the school
21district or his designee, the appropriate regional
22superintendent if the check was requested by the board of
23education for the school district, the presidents of the
24appropriate board of education or school boards if the check
25was requested from the Department of State Police by the
26regional superintendent, the State Board of Education and the

 

 

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1school district as authorized under subsection (b-5), the State
2Superintendent of Education, the State Educator Preparation
3and Licensure Board or any other person necessary to the
4decision of hiring the applicant for employment. A copy of the
5record of convictions obtained from the Department of State
6Police shall be provided to the applicant for employment. Upon
7the check of the Statewide Sex Offender Database or Statewide
8Murderer and Violent Offender Against Youth Database, the
9school district or regional superintendent shall notify an
10applicant as to whether or not the applicant has been
11identified in the Database. If a check of an applicant for
12employment as a substitute or concurrent part-time teacher or
13concurrent educational support personnel employee in more than
14one school district was requested by the regional
15superintendent, and the Department of State Police upon a check
16ascertains that the applicant has not been convicted of any of
17the enumerated criminal or drug offenses in subsection (c) of
18this Section or has not been convicted, within 7 years of the
19application for employment with the school district, of any
20other felony under the laws of this State or of any offense
21committed or attempted in any other state or against the laws
22of the United States that, if committed or attempted in this
23State, would have been punishable as a felony under the laws of
24this State and so notifies the regional superintendent and if
25the regional superintendent upon a check ascertains that the
26applicant has not been identified in the Sex Offender Database

 

 

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1or Statewide Murderer and Violent Offender Against Youth
2Database, then the regional superintendent shall issue to the
3applicant a certificate evidencing that as of the date
4specified by the Department of State Police the applicant has
5not been convicted of any of the enumerated criminal or drug
6offenses in subsection (c) of this Section or has not been
7convicted, within 7 years of the application for employment
8with the school district, of any other felony under the laws of
9this State or of any offense committed or attempted in any
10other state or against the laws of the United States that, if
11committed or attempted in this State, would have been
12punishable as a felony under the laws of this State and
13evidencing that as of the date that the regional superintendent
14conducted a check of the Statewide Sex Offender Database or
15Statewide Murderer and Violent Offender Against Youth
16Database, the applicant has not been identified in the
17Database. The school board of any school district may rely on
18the certificate issued by any regional superintendent to that
19substitute teacher, concurrent part-time teacher, or
20concurrent educational support personnel employee or may
21initiate its own criminal history records check of the
22applicant through the Department of State Police and its own
23check of the Statewide Sex Offender Database or Statewide
24Murderer and Violent Offender Against Youth Database as
25provided in this Section. Any unauthorized release of
26confidential information may be a violation of Section 7 of the

 

 

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1Criminal Identification Act.
2    (b-5) If a criminal history records check or check of the
3Statewide Sex Offender Database or Statewide Murderer and
4Violent Offender Against Youth Database is performed by a
5regional superintendent for an applicant seeking employment as
6a substitute teacher with the school district, the regional
7superintendent may disclose to the State Board of Education
8whether the applicant has been issued a certificate under
9subsection (b) based on those checks. If the State Board
10receives information on an applicant under this subsection,
11then it must indicate in the Educator Licensure Information
12System for a 90-day period that the applicant has been issued
13or has not been issued a certificate.
14    (c) The board of education shall not knowingly employ a
15person who has been convicted of any offense that would subject
16him or her to license suspension or revocation pursuant to
17Section 21B-80 of this Code, except as provided under
18subsection (b) of 21B-80. Further, the board of education shall
19not knowingly employ a person who has been found to be the
20perpetrator of sexual or physical abuse of any minor under 18
21years of age pursuant to proceedings under Article II of the
22Juvenile Court Act of 1987. As a condition of employment, the
23board of education must consider the status of a person who has
24been issued an indicated finding of abuse or neglect of a child
25by the Department of Children and Family Services under the
26Abused and Neglected Child Reporting Act or by a child welfare

 

 

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1agency of another jurisdiction.
2    (d) The board of education shall not knowingly employ a
3person for whom a criminal history records check and a
4Statewide Sex Offender Database check have has not been
5initiated.
6    (e) Within 10 days after the general superintendent of
7schools, a regional office of education, or an entity that
8provides background checks of license holders to public schools
9receives information of a pending criminal charge against a
10license holder for an offense set forth in Section 21B-80 of
11this Code, the superintendent, regional office of education, or
12entity must notify the State Superintendent of Education of the
13pending criminal charge.
14    No later than 15 business days after receipt of a record of
15conviction or of checking the Statewide Murderer and Violent
16Offender Against Youth Database or the Statewide Sex Offender
17Database and finding a registration, the general
18superintendent of schools or the applicable regional
19superintendent shall, in writing, notify the State
20Superintendent of Education of any license holder who has been
21convicted of a crime set forth in Section 21B-80 of this Code.
22Upon receipt of the record of a conviction of or a finding of
23child abuse by a holder of any license issued pursuant to
24Article 21B or Section 34-8.1 or 34-83 of this the School Code,
25the State Superintendent of Education may initiate licensure
26suspension and revocation proceedings as authorized by law. If

 

 

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1the receipt of the record of conviction or finding of child
2abuse is received within 6 months after the initial grant of or
3renewal of a license, the State Superintendent of Education may
4rescind the license holder's license.
5    (e-5) The general superintendent of schools shall, in
6writing, notify the State Superintendent of Education of any
7license holder whom he or she has reasonable cause to believe
8has committed an intentional act of abuse or neglect with the
9result of making a child an abused child or a neglected child,
10as defined in Section 3 of the Abused and Neglected Child
11Reporting Act, and that act resulted in the license holder's
12dismissal or resignation from the school district. This
13notification must be submitted within 30 days after the
14dismissal or resignation. The license holder must also be
15contemporaneously sent a copy of the notice by the
16superintendent. All correspondence, documentation, and other
17information so received by the State Superintendent of
18Education, the State Board of Education, or the State Educator
19Preparation and Licensure Board under this subsection (e-5) is
20confidential and must not be disclosed to third parties, except
21(i) as necessary for the State Superintendent of Education or
22his or her designee to investigate and prosecute pursuant to
23Article 21B of this Code, (ii) pursuant to a court order, (iii)
24for disclosure to the license holder or his or her
25representative, or (iv) as otherwise provided in this Article
26and provided that any such information admitted into evidence

 

 

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1in a hearing is exempt from this confidentiality and
2non-disclosure requirement. Except for an act of willful or
3wanton misconduct, any superintendent who provides
4notification as required in this subsection (e-5) shall have
5immunity from any liability, whether civil or criminal or that
6otherwise might result by reason of such action.
7    (f) After March 19, 1990, the provisions of this Section
8shall apply to all employees of persons or firms holding
9contracts with any school district including, but not limited
10to, food service workers, school bus drivers and other
11transportation employees, who have direct, daily contact with
12the pupils of any school in such district. For purposes of
13criminal history records checks and checks of the Statewide Sex
14Offender Database on employees of persons or firms holding
15contracts with more than one school district and assigned to
16more than one school district, the regional superintendent of
17the educational service region in which the contracting school
18districts are located may, at the request of any such school
19district, be responsible for receiving the authorization for a
20criminal history records check prepared by each such employee
21and submitting the same to the Department of State Police and
22for conducting a check of the Statewide Sex Offender Database
23for each employee. Any information concerning the record of
24conviction and identification as a sex offender of any such
25employee obtained by the regional superintendent shall be
26promptly reported to the president of the appropriate school

 

 

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1board or school boards.
2    (f-5) Upon request of a school or school district, any
3information obtained by the school district pursuant to
4subsection (f) of this Section within the last year must be
5made available to the requesting school or school district.
6    (g) Prior to the commencement of any student teaching
7experience or required internship (which is referred to as
8student teaching in this Section) in the public schools, a
9student teacher is required to authorize a fingerprint-based
10criminal history records check. Authorization for and payment
11of the costs of the check must be furnished by the student
12teacher to the school district. Upon receipt of this
13authorization and payment, the school district shall submit the
14student teacher's name, sex, race, date of birth, social
15security number, fingerprint images, and other identifiers, as
16prescribed by the Department of State Police, to the Department
17of State Police. The Department of State Police and the Federal
18Bureau of Investigation shall furnish, pursuant to a
19fingerprint-based criminal history records check, records of
20convictions, forever and hereinafter, until expunged, to the
21president of the board. The Department shall charge the school
22district a fee for conducting the check, which fee must not
23exceed the cost of the inquiry and must be deposited into the
24State Police Services Fund. The school district shall further
25perform a check of the Statewide Sex Offender Database, as
26authorized by the Sex Offender Community Notification Law, and

 

 

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1of the Statewide Murderer and Violent Offender Against Youth
2Database, as authorized by the Murderer and Violent Offender
3Against Youth Registration Act, for each student teacher. The
4board may not knowingly allow a person to student teach for
5whom a criminal history records check, a Statewide Sex Offender
6Database check, and a Statewide Murderer and Violent Offender
7Against Youth Database check have not been completed and
8reviewed by the district.
9    A copy of the record of convictions obtained from the
10Department of State Police must be provided to the student
11teacher. Any information concerning the record of convictions
12obtained by the president of the board is confidential and may
13only be transmitted to the general superintendent of schools or
14his or her designee, the State Superintendent of Education, the
15State Educator Preparation and Licensure Board, or, for
16clarification purposes, the Department of State Police or the
17Statewide Sex Offender Database or Statewide Murderer and
18Violent Offender Against Youth Database. Any unauthorized
19release of confidential information may be a violation of
20Section 7 of the Criminal Identification Act.
21    The board may not knowingly allow a person to student teach
22who has been convicted of any offense that would subject him or
23her to license suspension or revocation pursuant to subsection
24(c) of Section 21B-80 of this Code, except as provided under
25subsection (b) of Section 21B-80. Further, the board may not
26allow a person to student teach if he or she has been found to

 

 

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1be the perpetrator of sexual or physical abuse of a minor under
218 years of age pursuant to proceedings under Article II of the
3Juvenile Court Act of 1987. The board must consider the status
4of a person to student teach who has been issued an indicated
5finding of abuse or neglect of a child by the Department of
6Children and Family Services under the Abused and Neglected
7Child Reporting Act or by a child welfare agency of another
8jurisdiction.
9    (h) (Blank).
10(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
11revised 9-19-19.)
 
12    (105 ILCS 5/34-18.66 new)
13    Sec. 34-18.66. Remote and blended remote learning. This
14Section applies if the Governor has declared a disaster due to
15a public health emergency pursuant to Section 7 of the Illinois
16Emergency Management Agency Act.
17        (1) If the Governor has declared a disaster due to a
18    public health emergency pursuant to Section 7 of the
19    Illinois Emergency Management Agency Act, the State
20    Superintendent of Education may declare a requirement to
21    use remote learning days or blended remote learning days
22    for the school district, multiple school districts, a
23    region, or the entire State. During remote learning days,
24    schools shall conduct instruction remotely. During blended
25    remote learning days, schools may utilize hybrid models of

 

 

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1    in-person and remote instruction. Once declared, remote
2    learning days or blended remote learning days shall be
3    implemented in grades pre-kindergarten through 12 as days
4    of attendance and shall be deemed pupil attendance days for
5    calculation of the length of a school term under Section
6    10-19.
7        (2) For purposes of this Section, a remote learning day
8    or blended remote learning day may be met through the
9    district's implementation of an e-learning program under
10    Section 10-20.56.
11        (3) If the district does not implement an e-learning
12    program under Section 10-20.56, the district shall adopt a
13    remote and blended remote learning day plan approved by the
14    general superintendent of schools. The district may
15    utilize remote and blended remote learning planning days,
16    consecutively or in separate increments, to develop,
17    review, or amend its remote and blended remote learning day
18    plan or provide professional development to staff
19    regarding remote education. Up to 5 remote and blended
20    remote learning planning days may be deemed pupil
21    attendance days for calculation of the length of a school
22    term under Section 10-19.
23        (4) Each remote and blended remote learning day plan
24    shall address the following:
25            (i) accessibility of the remote instruction to all
26        students enrolled in the district;

 

 

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1            (ii) if applicable, a requirement that the remote
2        learning day and blended remote learning day
3        activities reflect State learning standards;
4            (iii) a means for students to confer with an
5        educator, as necessary;
6            (iv) the unique needs of students in special
7        populations, including, but not limited to, students
8        eligible for special education under Article 14,
9        students who are English learners as defined in Section
10        14C-2, and students experiencing homelessness under
11        the Education for Homeless Children Act, or vulnerable
12        student populations;
13            (v) how the district will take attendance and
14        monitor and verify each student's remote
15        participation; and
16            (vi) transitions from remote learning to on-site
17        learning upon the State Superintendent's declaration
18        that remote learning days or blended remote learning
19        days are no longer deemed necessary.
20        (5) The general superintendent of schools shall
21    periodically review and amend the district's remote and
22    blended remote learning day plan, as needed, to ensure the
23    plan meets the needs of all students.
24        (6) Each remote and blended remote learning day plan
25    shall be posted on the district's Internet website where
26    other policies, rules, and standards of conduct are posted

 

 

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1    and shall be provided to students and faculty.
2        (7) This Section does not create any additional
3    employee bargaining rights and does not remove any employee
4    bargaining rights.
5        (8) Statutory and regulatory curricular mandates and
6    offerings may be administered via the district's remote and
7    blended remote learning day plan, except that the district
8    may not offer individual behind-the-wheel instruction
9    required by Section 27-24.2 via the district's remote and
10    blended remote learning day plan. This Section does not
11    relieve schools and the district from completing all
12    statutory and regulatory curricular mandates and
13    offerings.
 
14    (105 ILCS 5/34-85)  (from Ch. 122, par. 34-85)
15    Sec. 34-85. Removal for cause; notice and hearing;
16suspension.
17    (a) No teacher employed by the board of education shall
18(after serving the probationary period specified in Section
1934-84) be removed except for cause. Teachers (who have
20completed the probationary period specified in Section 34-84 of
21this Code) shall be removed for cause in accordance with the
22procedures set forth in this Section or, at the board's option,
23the procedures set forth in Section 24-16.5 of this Code or
24such other procedures established in an agreement entered into
25between the board and the exclusive representative of the

 

 

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1district's teachers under Section 34-85c of this Code for
2teachers (who have completed the probationary period specified
3in Section 34-84 of this Code) assigned to schools identified
4in that agreement. No principal employed by the board of
5education shall be removed during the term of his or her
6performance contract except for cause, which may include but is
7not limited to the principal's repeated failure to implement
8the school improvement plan or to comply with the provisions of
9the Uniform Performance Contract, including additional
10criteria established by the Council for inclusion in the
11performance contract pursuant to Section 34-2.3.
12    Before service of notice of charges on account of causes
13that may be deemed to be remediable, the teacher or principal
14must be given reasonable warning in writing, stating
15specifically the causes that, if not removed, may result in
16charges; however, no such written warning is required if the
17causes have been the subject of a remediation plan pursuant to
18Article 24A of this Code or if the board and the exclusive
19representative of the district's teachers have entered into an
20agreement pursuant to Section 34-85c of this Code, pursuant to
21an alternative system of remediation. No written warning shall
22be required for conduct on the part of a teacher or principal
23that is cruel, immoral, negligent, or criminal or that in any
24way causes psychological or physical harm or injury to a
25student, as that conduct is deemed to be irremediable. No
26written warning shall be required for a material breach of the

 

 

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1uniform principal performance contract, as that conduct is
2deemed to be irremediable; provided that not less than 30 days
3before the vote of the local school council to seek the
4dismissal of a principal for a material breach of a uniform
5principal performance contract, the local school council shall
6specify the nature of the alleged breach in writing and provide
7a copy of it to the principal.
8        (1) To initiate dismissal proceedings against a
9    teacher or principal, the general superintendent must
10    first approve written charges and specifications against
11    the teacher or principal. A local school council may direct
12    the general superintendent to approve written charges
13    against its principal on behalf of the Council upon the
14    vote of 7 members of the Council. The general
15    superintendent must approve those charges within 45
16    calendar days or provide a written reason for not approving
17    those charges. A written notice of those charges, including
18    specifications, shall be served upon the teacher or
19    principal within 10 business days of the approval of the
20    charges. Any written notice sent on or after July 1, 2012
21    shall also inform the teacher or principal of the right to
22    request a hearing before a mutually selected hearing
23    officer, with the cost of the hearing officer split equally
24    between the teacher or principal and the board, or a
25    hearing before a qualified hearing officer chosen by the
26    general superintendent, with the cost of the hearing

 

 

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1    officer paid by the board. If the teacher or principal
2    cannot be found upon diligent inquiry, such charges may be
3    served upon him by mailing a copy thereof in a sealed
4    envelope by prepaid certified mail, return receipt
5    requested, to the teacher's or principal's last known
6    address. A return receipt showing delivery to such address
7    within 20 calendar days after the date of the approval of
8    the charges shall constitute proof of service.
9        (2) No hearing upon the charges is required unless the
10    teacher or principal within 17 calendar days after
11    receiving notice requests in writing of the general
12    superintendent that a hearing be scheduled. Pending the
13    hearing of the charges, the general superintendent or his
14    or her designee may suspend the teacher or principal
15    charged without pay in accordance with rules prescribed by
16    the board, provided that if the teacher or principal
17    charged is not dismissed based on the charges, he or she
18    must be made whole for lost earnings, less setoffs for
19    mitigation.
20        (3) The board shall maintain a list of at least 9
21    qualified hearing officers who will conduct hearings on
22    charges and specifications. The list must be developed in
23    good faith consultation with the exclusive representative
24    of the board's teachers and professional associations that
25    represent the board's principals. The list may be revised
26    on July 1st of each year or earlier as needed. To be a

 

 

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1    qualified hearing officer, the person must (i) be
2    accredited by a national arbitration organization and have
3    had a minimum of 5 years of experience as an arbitrator in
4    cases involving labor and employment relations matters
5    between employers and employees or their exclusive
6    bargaining representatives and (ii) beginning September 1,
7    2012, have participated in training provided or approved by
8    the State Board of Education for teacher dismissal hearing
9    officers so that he or she is familiar with issues
10    generally involved in evaluative and non-evaluative
11    dismissals.
12        Within 5 business days after receiving the notice of
13    request for a hearing, the general superintendent and the
14    teacher or principal or their legal representatives shall
15    alternately strike one name from the list until only one
16    name remains. Unless waived by the teacher, the teacher or
17    principal shall have the right to proceed first with the
18    striking. If the teacher or principal fails to participate
19    in the striking process, the general superintendent shall
20    either select the hearing officer from the list developed
21    pursuant to this paragraph (3) or select another qualified
22    hearing officer from the master list maintained by the
23    State Board of Education pursuant to subsection (c) of
24    Section 24-12 of this Code.
25        (4) If the notice of dismissal was sent to the teacher
26    or principal before July 1, 2012, the fees and costs for

 

 

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1    the hearing officer shall be paid by the State Board of
2    Education. If the notice of dismissal was sent to the
3    teacher or principal on or after July 1, 2012, the hearing
4    officer's fees and costs must be paid as follows in this
5    paragraph (4). The fees and permissible costs for the
6    hearing officer shall be determined by the State Board of
7    Education. If the hearing officer is mutually selected by
8    the parties through alternate striking in accordance with
9    paragraph (3) of this subsection (a), then the board and
10    the teacher or their legal representative shall each pay
11    50% of the fees and costs and any supplemental allowance to
12    which they agree. If the hearing officer is selected by the
13    general superintendent without the participation of the
14    teacher or principal, then the board shall pay 100% of the
15    hearing officer fees and costs. The hearing officer shall
16    submit for payment a billing statement to the parties that
17    itemizes the charges and expenses and divides them in
18    accordance with this Section.
19        (5) The teacher or the principal charged is required to
20    answer the charges and specifications and aver affirmative
21    matters in his or her defense, and the time for doing so
22    must be set by the hearing officer. The State Board of
23    Education shall adopt rules so that each party has a fair
24    opportunity to present its case and to ensure that the
25    dismissal proceeding is concluded in an expeditious
26    manner. The rules shall address, without limitation, the

 

 

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1    teacher or principal's answer and affirmative defenses to
2    the charges and specifications; a requirement that each
3    party make mandatory disclosures without request to the
4    other party and then update the disclosure no later than 10
5    calendar days prior to the commencement of the hearing,
6    including a list of the names and addresses of persons who
7    may be called as witnesses at the hearing, a summary of the
8    facts or opinions each witness will testify to, and all
9    other documents and materials, including information
10    maintained electronically, relevant to its own as well as
11    the other party's case (the hearing officer may exclude
12    witnesses and exhibits not identified and shared, except
13    those offered in rebuttal for which the party could not
14    reasonably have anticipated prior to the hearing);
15    pre-hearing discovery and preparation, including provision
16    for written interrogatories and requests for production of
17    documents, provided that discovery depositions are
18    prohibited; the conduct of the hearing; the right of each
19    party to be represented by counsel, the offer of evidence
20    and witnesses and the cross-examination of witnesses; the
21    authority of the hearing officer to issue subpoenas and
22    subpoenas duces tecum, provided that the hearing officer
23    may limit the number of witnesses to be subpoenaed in
24    behalf of each party to no more than 7; the length of
25    post-hearing briefs; and the form, length, and content of
26    hearing officers' reports and recommendations to the

 

 

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1    general superintendent.
2        The hearing officer shall commence the hearing within
3    75 calendar days and conclude the hearing within 120
4    calendar days after being selected by the parties as the
5    hearing officer, provided that these timelines may be
6    modified upon the showing of good cause or mutual agreement
7    of the parties. Good cause for the purposes of this
8    paragraph (5) shall mean the illness or otherwise
9    unavoidable emergency of the teacher, district
10    representative, their legal representatives, the hearing
11    officer, or an essential witness as indicated in each
12    party's pre-hearing submission. In a dismissal hearing in
13    which a witness is a student or is under the age of 18, the
14    hearing officer must make accommodations for the witness,
15    as provided under paragraph (5.5) of this subsection. The
16    hearing officer shall consider and give weight to all of
17    the teacher's evaluations written pursuant to Article 24A
18    that are relevant to the issues in the hearing. Except as
19    otherwise provided under paragraph (5.5) of this
20    subsection, the teacher or principal has the privilege of
21    being present at the hearing with counsel and of
22    cross-examining witnesses and may offer evidence and
23    witnesses and present defenses to the charges. Each party
24    shall have no more than 3 days to present its case, unless
25    extended by the hearing officer to enable a party to
26    present adequate evidence and testimony, including due to

 

 

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1    the other party's cross-examination of the party's
2    witnesses, for good cause or by mutual agreement of the
3    parties. The State Board of Education shall define in rules
4    the meaning of "day" for such purposes. All testimony at
5    the hearing shall be taken under oath administered by the
6    hearing officer. The hearing officer shall cause a record
7    of the proceedings to be kept and shall employ a competent
8    reporter to take stenographic or stenotype notes of all the
9    testimony. The costs of the reporter's attendance and
10    services at the hearing shall be paid by the party or
11    parties who are paying the fees and costs of the hearing
12    officer. Either party desiring a transcript of the hearing
13    shall pay for the cost thereof. At the close of the
14    hearing, the hearing officer shall direct the parties to
15    submit post-hearing briefs no later than 21 calendar days
16    after receipt of the transcript. Either or both parties may
17    waive submission of briefs.
18        (5.5) In the case of charges involving sexual abuse or
19    severe physical abuse of a student or a person under the
20    age of 18, the hearing officer shall make alternative
21    hearing procedures to protect a witness who is a student or
22    who is under the age of 18 from being intimidated or
23    traumatized. Alternative hearing procedures may include,
24    but are not limited to: (i) testimony made via a
25    telecommunication device in a location other than the
26    hearing room and outside the physical presence of the

 

 

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1    teacher or principal and other hearing participants, (ii)
2    testimony outside the physical presence of the teacher or
3    principal, or (iii) non-public testimony. During a
4    testimony described under this subsection, each party must
5    be permitted to ask a witness who is a student or who is
6    under 18 years of age all relevant questions and follow-up
7    questions. All questions must exclude evidence of the
8    witness' sexual behavior or predisposition, unless the
9    evidence is offered to prove that someone other than the
10    teacher subject to the dismissal hearing engaged in the
11    charge at issue.
12        (6) The hearing officer shall within 30 calendar days
13    from the conclusion of the hearing report to the general
14    superintendent findings of fact and a recommendation as to
15    whether or not the teacher or principal shall be dismissed
16    and shall give a copy of the report to both the teacher or
17    principal and the general superintendent. The State Board
18    of Education shall provide by rule the form of the hearing
19    officer's report and recommendation.
20        (7) The board, within 45 days of receipt of the hearing
21    officer's findings of fact and recommendation, shall make a
22    decision as to whether the teacher or principal shall be
23    dismissed from its employ. The failure of the board to
24    strictly adhere to the timeliness contained herein shall
25    not render it without jurisdiction to dismiss the teacher
26    or principal. In the event that the board declines to

 

 

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1    dismiss the teacher or principal after review of a hearing
2    officer's recommendation, the board shall set the amount of
3    back pay and benefits to award the teacher or principal,
4    which shall include offsets for interim earnings and
5    failure to mitigate losses. The board shall establish
6    procedures for the teacher's or principal's submission of
7    evidence to it regarding lost earnings, lost benefits,
8    mitigation, and offsets. The decision of the board is final
9    unless reviewed in accordance with paragraph (8) of this
10    subsection (a).
11        (8) The teacher may seek judicial review of the board's
12    decision in accordance with the Administrative Review Law,
13    which is specifically incorporated in this Section, except
14    that the review must be initiated in the Illinois Appellate
15    Court for the First District. In the event judicial review
16    is instituted, any costs of preparing and filing the record
17    of proceedings shall be paid by the party instituting the
18    review. In the event the appellate court reverses a board
19    decision to dismiss a teacher or principal and directs the
20    board to pay the teacher or the principal back pay and
21    benefits, the appellate court shall remand the matter to
22    the board to issue an administrative decision as to the
23    amount of back pay and benefits, which shall include a
24    calculation of the lost earnings, lost benefits,
25    mitigation, and offsets based on evidence submitted to the
26    board in accordance with procedures established by the

 

 

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1    board.
2        (9) If the Governor has declared a disaster due to a
3    public health emergency pursuant to Section 7 of the
4    Illinois Emergency Management Act, except if the parties
5    mutually agree otherwise and the agreement is in writing,
6    the requirements of this Section pertaining to prehearings
7    and hearings are paused and do not begin to toll until the
8    proclamation declaring the disaster is no longer in effect.
9    If mutually agreed to and reduced in writing, the parties
10    may proceed with the prehearing and hearing requirements of
11    this Section connected to the appointment and selection of
12    a hearing officer and those connected to commencing and
13    concluding a hearing. Any hearing convened during a public
14    health emergency pursuant to Section 7 of the Illinois
15    Emergency Management Agency Act may be convened remotely.
16    Any hearing officer for a hearing convened during a public
17    health emergency pursuant to Section 7 of the Illinois
18    Emergency Management Agency Act may voluntarily withdraw
19    from the hearing and another hearing officer shall be
20    selected or appointed pursuant to this Section.
21    (b) Nothing in this Section affects the validity of removal
22for cause hearings commenced prior to June 13, 2011 (the
23effective date of Public Act 97-8).
24    The changes made by Public Act 97-8 shall apply to
25dismissals instituted on or after September 1, 2011 or the
26effective date of Public Act 97-8, whichever is later. Any

 

 

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1dismissal instituted prior to the effective date of these
2changes must be carried out in accordance with the requirements
3of this Section prior to amendment by Public Act 97-8.
4(Source: P.A. 101-531, eff. 8-23-19.)
 
5    (105 ILCS 5/34-85c)
6    Sec. 34-85c. Alternative procedures for teacher
7evaluation, remediation, and removal for cause after
8remediation.
9    (a) Notwithstanding any law to the contrary, the board and
10the exclusive representative of the district's teachers are
11hereby authorized to enter into an agreement to establish
12alternative procedures for teacher evaluation, remediation,
13and removal for cause after remediation, including an
14alternative system for peer evaluation and recommendations;
15provided, however, that no later than September 1, 2012: (i)
16any alternative procedures must include provisions whereby
17student performance data is a significant factor in teacher
18evaluation and (ii) teachers are rated as "excellent",
19"proficient", "needs improvement" or "unsatisfactory".
20Pursuant exclusively to that agreement, teachers assigned to
21schools identified in that agreement shall be subject to an
22alternative performance evaluation plan and remediation
23procedures in lieu of the plan and procedures set forth in
24Article 24A of this Code and alternative removal for cause
25standards and procedures in lieu of the removal standards and

 

 

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1procedures set forth in Section 34-85 of this Code. To the
2extent that the agreement provides a teacher with an
3opportunity for a hearing on removal for cause before an
4independent hearing officer in accordance with Section 34-85 or
5otherwise, the hearing officer shall be governed by the
6alternative performance evaluation plan, remediation
7procedures, and removal standards and procedures set forth in
8the agreement in making findings of fact and a recommendation.
9    (a-5) If the Governor has declared a disaster due to a
10public health emergency pursuant to Section 7 of the Illinois
11Emergency Management Agency Act that suspends in-person
12instruction, the timelines connected to the commencement and
13completion of any remediation plan are paused. Except where the
14parties mutually agree otherwise and such agreement is in
15writing, any remediation plan that had been in place for 45 or
16more days prior to the suspension of in-person instruction
17shall resume when in-person instruction resumes; any
18remediation plan that had been in place for fewer than 45 days
19prior to the suspension of in-person instruction shall
20discontinue and a new remediation period will begin when
21in-person instruction resumes.
22    (b) The board and the exclusive representative of the
23district's teachers shall submit a certified copy of an
24agreement as provided under subsection (a) of this Section to
25the State Board of Education.
26(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
 

 

 

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1    Section 10. The Illinois Articulation Initiative Act is
2amended by changing Section 20 as follows:
 
3    (110 ILCS 152/20)
4    Sec. 20. Course transferability.
5    (a) All courses approved for Illinois Articulation
6Initiative General Education codes must be transferable as a
7part of the General Education Core Curriculum package,
8consistent with the specific requirements of the package.
9Illinois Articulation Initiative General Education courses
10taken during the public health emergency declared by
11proclamation of the Governor due to the COVID-19 pandemic
12during calendar year 2020 must be transferable for students
13receiving a grade of "pass", "credit", or "satisfactory" and
14shall fulfill the prerequisite requirements for advanced
15courses.
16    (a-5) All public institutions shall determine if Illinois
17Articulation Initiative major courses are direct course
18equivalents or are elective credit toward the requirements of
19the major. If the receiving institution does not offer the
20course or does not offer it at the lower-division level, the
21student shall receive elective lower-division major credit
22toward the requirements of the major for the course and may be
23required to take the course at the upper-division level.
24    (b) Students receiving the full General Education Core

 

 

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1Curriculum package must not be required to take additional
2lower-division general education courses.
3(Source: P.A. 99-636, eff. 1-1-17.)
 
4    Section 15. The Board of Higher Education Act is amended by
5adding Section 9.39 as follows:
 
6    (110 ILCS 205/9.39 new)
7    Sec. 9.39. Emergency completion and student support
8services grants. Subject to appropriation, the Board shall
9award emergency completion grants and competitive grants for
10public university student support services.
 
11    Section 20. The Higher Education Student Assistance Act is
12amended by changing Section 65.100 as follows:
 
13    (110 ILCS 947/65.100)
14    (Text of Section before amendment by P.A. 101-613)
15    (Section scheduled to be repealed on October 1, 2024)
16    Sec. 65.100. AIM HIGH Grant Pilot Program.
17    (a) The General Assembly makes all of the following
18findings:
19        (1) Both access and affordability are important
20    aspects of the Illinois Public Agenda for College and
21    Career Success report.
22        (2) This State is in the top quartile with respect to

 

 

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1    the percentage of family income needed to pay for college.
2        (3) Research suggests that as loan amounts increase,
3    rather than an increase in grant amounts, the probability
4    of college attendance decreases.
5        (4) There is further research indicating that
6    socioeconomic status may affect the willingness of
7    students to use loans to attend college.
8        (5) Strategic use of tuition discounting can decrease
9    the amount of loans that students must use to pay for
10    tuition.
11        (6) A modest, individually tailored tuition discount
12    can make the difference in a student choosing to attend
13    college and enhance college access for low-income and
14    middle-income families.
15        (7) Even if the federally calculated financial need for
16    college attendance is met, the federally determined
17    Expected Family Contribution can still be a daunting
18    amount.
19        (8) This State is the second largest exporter of
20    students in the country.
21        (9) When talented Illinois students attend
22    universities in this State, the State and those
23    universities benefit.
24        (10) State universities in other states have adopted
25    pricing and incentives that allow many Illinois residents
26    to pay less to attend an out-of-state university than to

 

 

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1    remain in this State for college.
2        (11) Supporting Illinois student attendance at
3    Illinois public universities can assist in State efforts to
4    maintain and educate a highly trained workforce.
5        (12) Modest tuition discounts that are individually
6    targeted and tailored can result in enhanced revenue for
7    public universities.
8        (13) By increasing a public university's capacity to
9    strategically use tuition discounting, the public
10    university will be capable of creating enhanced tuition
11    revenue by increasing enrollment yields.
12    (b) In this Section:
13    "Eligible applicant" means a student from any high school
14in this State, whether or not recognized by the State Board of
15Education, who is engaged in a program of study that in due
16course will be completed by the end of the school year and who
17meets all of the qualifications and requirements under this
18Section.
19    "Tuition and other necessary fees" includes the customary
20charge for instruction and use of facilities in general and the
21additional fixed fees charged for specified purposes that are
22required generally of non-grant recipients for each academic
23period for which the grant applicant actually enrolls, but does
24not include fees payable only once or breakage fees and other
25contingent deposits that are refundable in whole or in part.
26The Commission may adopt, by rule not inconsistent with this

 

 

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1Section, detailed provisions concerning the computation of
2tuition and other necessary fees.
3    (c) Beginning with the 2019-2020 academic year, each public
4university may establish a merit-based scholarship pilot
5program known as the AIM HIGH Grant Pilot Program. Each year,
6the Commission shall receive and consider applications from
7public universities under this Section. Subject to
8appropriation and any tuition waiver limitation established by
9the Board of Higher Education, a public university campus may
10award a grant to a student under this Section if it finds that
11the applicant meets all of the following criteria:
12        (1) He or she is a resident of this State and a citizen
13    or eligible noncitizen of the United States.
14        (2) He or she files a Free Application for Federal
15    Student Aid and demonstrates financial need with a
16    household income no greater than 6 times the poverty
17    guidelines updated periodically in the Federal Register by
18    the U.S. Department of Health and Human Services under the
19    authority of 42 U.S.C. 9902(2). The household income of the
20    applicant at the time of initial application shall be
21    deemed to be the household income of the applicant for the
22    duration of the pilot program.
23        (3) He or she meets the minimum cumulative grade point
24    average or ACT or SAT college admissions test score, as
25    determined by the public university campus.
26        (4) He or she is enrolled in a public university as an

 

 

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1    undergraduate student on a full-time basis.
2        (5) He or she has not yet received a baccalaureate
3    degree or the equivalent of 135 semester credit hours.
4        (6) He or she is not incarcerated.
5        (7) He or she is not in default on any student loan or
6    does not owe a refund or repayment on any State or federal
7    grant or scholarship.
8        (8) Any other reasonable criteria, as determined by the
9    public university campus.
10    (d) Each public university campus shall determine grant
11renewal criteria consistent with the requirements under this
12Section.
13    (e) Each participating public university campus shall post
14on its Internet website criteria and eligibility requirements
15for receiving awards that use funds under this Section that
16include a range in the sizes of these individual awards. The
17criteria and amounts must also be reported to the Commission
18and the Board of Higher Education, who shall post the
19information on their respective Internet websites.
20    (f) After enactment of an appropriation for this Program,
21the Commission shall determine an allocation of funds to each
22public university in an amount proportionate to the number of
23undergraduate students who are residents of this State and
24citizens or eligible noncitizens of the United States and who
25were enrolled at each public university campus in the previous
26academic year. All applications must be made to the Commission

 

 

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1on or before a date determined by the Commission and on forms
2that the Commission shall provide to each public university
3campus. The form of the application and the information
4required shall be determined by the Commission and shall
5include, without limitation, the total public university
6campus funds used to match funds received from the Commission
7in the previous academic year under this Section, if any, the
8total enrollment of undergraduate students who are residents of
9this State from the previous academic year, and any supporting
10documents as the Commission deems necessary. Each public
11university campus shall match the amount of funds received by
12the Commission with financial aid for eligible students.
13    A public university campus is not required to claim its
14entire allocation. The Commission shall make available to all
15public universities, on a date determined by the Commission,
16any unclaimed funds and the funds must be made available to
17those public university campuses in the proportion determined
18under this subsection (f), excluding from the calculation those
19public university campuses not claiming their full
20allocations.
21    Each public university campus may determine the award
22amounts for eligible students on an individual or broad basis,
23but, subject to renewal eligibility, each renewed award may not
24be less than the amount awarded to the eligible student in his
25or her first year attending the public university campus.
26Notwithstanding this limitation, a renewal grant may be reduced

 

 

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1due to changes in the student's cost of attendance, including,
2but not limited to, if a student reduces the number of credit
3hours in which he or she is enrolled, but remains a full-time
4student, or switches to a course of study with a lower tuition
5rate.
6    An eligible applicant awarded grant assistance under this
7Section is eligible to receive other financial aid. Total grant
8aid to the student from all sources may not exceed the total
9cost of attendance at the public university campus.
10    (g) All money allocated to a public university campus under
11this Section may be used only for financial aid purposes for
12students attending the public university campus during the
13academic year, not including summer terms. Notwithstanding any
14other provision of law to the contrary, any funds received by a
15public university campus under this Section that are not
16granted to students in the academic year for which the funds
17are received may be retained by the public university campus
18for expenditure on students participating in the Program or
19students eligible to participate in the Program.
20    (h) Each public university campus that establishes a
21Program under this Section must annually report to the
22Commission, on or before a date determined by the Commission,
23the number of undergraduate students enrolled at that campus
24who are residents of this State.
25    (i) Each public university campus must report to the
26Commission the total non-loan financial aid amount given by the

 

 

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1public university campus to undergraduate students in fiscal
2year 2018. To be eligible to receive funds under the Program, a
3public university campus may not decrease the total amount of
4non-loan financial aid for undergraduate students to an amount
5lower than the total non-loan financial aid amount given by the
6public university campus to undergraduate students in fiscal
7year 2018, not including any funds received from the Commission
8under this Section or any funds used to match grant awards
9under this Section.
10    (j) On or before a date determined by the Commission, each
11public university campus that participates in the Program under
12this Section shall annually submit a report to the Commission
13with all of the following information:
14        (1) The Program's impact on tuition revenue and
15    enrollment goals and increase in access and affordability
16    at the public university campus.
17        (2) Total funds received by the public university
18    campus under the Program.
19        (3) Total non-loan financial aid awarded to
20    undergraduate students attending the public university
21    campus.
22        (4) Total amount of funds matched by the public
23    university campus.
24        (5) Total amount of claimed and unexpended funds
25    retained by the public university campus.
26        (6) The percentage of total financial aid distributed

 

 

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1    under the Program by the public university campus.
2        (7) The total number of students receiving grants from
3    the public university campus under the Program and those
4    students' grade level, race, gender, income level, family
5    size, Monetary Award Program eligibility, Pell Grant
6    eligibility, and zip code of residence and the amount of
7    each grant award. This information shall include unit
8    record data on those students regarding variables
9    associated with the parameters of the public university's
10    Program, including, but not limited to, a student's ACT or
11    SAT college admissions test score, high school or
12    university cumulative grade point average, or program of
13    study.
14    On or before October 1, 2020 and annually on or before
15October 1 thereafter, the Commission shall submit a report with
16the findings under this subsection (j) and any other
17information regarding the AIM HIGH Grant Pilot Program to (i)
18the Governor, (ii) the Speaker of the House of Representatives,
19(iii) the Minority Leader of the House of Representatives, (iv)
20the President of the Senate, and (v) the Minority Leader of the
21Senate. The reports to the General Assembly shall be filed with
22the Clerk of the House of Representatives and the Secretary of
23the Senate in electronic form only, in the manner that the
24Clerk and the Secretary shall direct. The Commission's report
25may not disaggregate data to a level that may disclose
26personally identifying information of individual students.

 

 

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1    The sharing and reporting of student data under this
2subsection (j) must be in accordance with the requirements
3under the federal Family Educational Rights and Privacy Act of
41974 and the Illinois School Student Records Act. All parties
5must preserve the confidentiality of the information as
6required by law. The names of the grant recipients under this
7Section are not subject to disclosure under the Freedom of
8Information Act.
9    Public university campuses that fail to submit a report
10under this subsection (j) or that fail to adhere to any other
11requirements under this Section may not be eligible for
12distribution of funds under the Program for the next academic
13year, but may be eligible for distribution of funds for each
14academic year thereafter.
15    (k) The Commission shall adopt rules to implement this
16Section.
17    (l) This Section is repealed on October 1, 2024.
18(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
19100-1183, eff. 4-4-19; 101-81, eff. 7-12-19.)
 
20    (Text of Section after amendment by P.A. 101-613)
21    (Section scheduled to be repealed on October 1, 2024)
22    Sec. 65.100. AIM HIGH Grant Pilot Program.
23    (a) The General Assembly makes all of the following
24findings:
25        (1) Both access and affordability are important

 

 

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1    aspects of the Illinois Public Agenda for College and
2    Career Success report.
3        (2) This State is in the top quartile with respect to
4    the percentage of family income needed to pay for college.
5        (3) Research suggests that as loan amounts increase,
6    rather than an increase in grant amounts, the probability
7    of college attendance decreases.
8        (4) There is further research indicating that
9    socioeconomic status may affect the willingness of
10    students to use loans to attend college.
11        (5) Strategic use of tuition discounting can decrease
12    the amount of loans that students must use to pay for
13    tuition.
14        (6) A modest, individually tailored tuition discount
15    can make the difference in a student choosing to attend
16    college and enhance college access for low-income and
17    middle-income families.
18        (7) Even if the federally calculated financial need for
19    college attendance is met, the federally determined
20    Expected Family Contribution can still be a daunting
21    amount.
22        (8) This State is the second largest exporter of
23    students in the country.
24        (9) When talented Illinois students attend
25    universities in this State, the State and those
26    universities benefit.

 

 

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1        (10) State universities in other states have adopted
2    pricing and incentives that allow many Illinois residents
3    to pay less to attend an out-of-state university than to
4    remain in this State for college.
5        (11) Supporting Illinois student attendance at
6    Illinois public universities can assist in State efforts to
7    maintain and educate a highly trained workforce.
8        (12) Modest tuition discounts that are individually
9    targeted and tailored can result in enhanced revenue for
10    public universities.
11        (13) By increasing a public university's capacity to
12    strategically use tuition discounting, the public
13    university will be capable of creating enhanced tuition
14    revenue by increasing enrollment yields.
15    (b) In this Section:
16    "Eligible applicant" means a student from any high school
17in this State, whether or not recognized by the State Board of
18Education, who is engaged in a program of study that in due
19course will be completed by the end of the school year and who
20meets all of the qualifications and requirements under this
21Section.
22    "Tuition and other necessary fees" includes the customary
23charge for instruction and use of facilities in general and the
24additional fixed fees charged for specified purposes that are
25required generally of non-grant recipients for each academic
26period for which the grant applicant actually enrolls, but does

 

 

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1not include fees payable only once or breakage fees and other
2contingent deposits that are refundable in whole or in part.
3The Commission may adopt, by rule not inconsistent with this
4Section, detailed provisions concerning the computation of
5tuition and other necessary fees.
6    (c) Beginning with the 2019-2020 academic year, each public
7university may establish a merit-based scholarship pilot
8program known as the AIM HIGH Grant Pilot Program. Each year,
9the Commission shall receive and consider applications from
10public universities under this Section. Subject to
11appropriation and any tuition waiver limitation established by
12the Board of Higher Education, a public university campus may
13award a grant to a student under this Section if it finds that
14the applicant meets all of the following criteria:
15        (1) He or she is a resident of this State and a citizen
16    or eligible noncitizen of the United States.
17        (2) He or she files a Free Application for Federal
18    Student Aid and demonstrates financial need with a
19    household income no greater than 6 times the poverty
20    guidelines updated periodically in the Federal Register by
21    the U.S. Department of Health and Human Services under the
22    authority of 42 U.S.C. 9902(2). The household income of the
23    applicant at the time of initial application shall be
24    deemed to be the household income of the applicant for the
25    duration of the pilot program.
26        (3) He or she meets the minimum cumulative grade point

 

 

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1    average or ACT or SAT college admissions test score, as
2    determined by the public university campus.
3        (4) He or she is enrolled in a public university as an
4    undergraduate student on a full-time basis.
5        (5) He or she has not yet received a baccalaureate
6    degree or the equivalent of 135 semester credit hours.
7        (6) He or she is not incarcerated.
8        (7) He or she is not in default on any student loan or
9    does not owe a refund or repayment on any State or federal
10    grant or scholarship.
11        (8) Any other reasonable criteria, as determined by the
12    public university campus.
13    (d) Each public university campus shall determine grant
14renewal criteria consistent with the requirements under this
15Section.
16    (e) Each participating public university campus shall post
17on its Internet website criteria and eligibility requirements
18for receiving awards that use funds under this Section that
19include a range in the sizes of these individual awards. The
20criteria and amounts must also be reported to the Commission
21and the Board of Higher Education, who shall post the
22information on their respective Internet websites.
23    (f) After enactment of an appropriation for this Program,
24the Commission shall determine an allocation of funds to each
25public university in an amount proportionate to the number of
26undergraduate students who are residents of this State and

 

 

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1citizens or eligible noncitizens of the United States and who
2were enrolled at each public university campus in the previous
3academic year. All applications must be made to the Commission
4on or before a date determined by the Commission and on forms
5that the Commission shall provide to each public university
6campus. The form of the application and the information
7required shall be determined by the Commission and shall
8include, without limitation, the total public university
9campus funds used to match funds received from the Commission
10in the previous academic year under this Section, if any, the
11total enrollment of undergraduate students who are residents of
12this State from the previous academic year, and any supporting
13documents as the Commission deems necessary. Each public
14university campus shall match the amount of funds received by
15the Commission with financial aid for eligible students.
16    A public university campus is not required to claim its
17entire allocation. The Commission shall make available to all
18public universities, on a date determined by the Commission,
19any unclaimed funds and the funds must be made available to
20those public university campuses in the proportion determined
21under this subsection (f), excluding from the calculation those
22public university campuses not claiming their full
23allocations.
24    Each public university campus may determine the award
25amounts for eligible students on an individual or broad basis,
26but, subject to renewal eligibility, each renewed award may not

 

 

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1be less than the amount awarded to the eligible student in his
2or her first year attending the public university campus.
3Notwithstanding this limitation, a renewal grant may be reduced
4due to changes in the student's cost of attendance, including,
5but not limited to, if a student reduces the number of credit
6hours in which he or she is enrolled, but remains a full-time
7student, or switches to a course of study with a lower tuition
8rate.
9    An eligible applicant awarded grant assistance under this
10Section is eligible to receive other financial aid. Total grant
11aid to the student from all sources may not exceed the total
12cost of attendance at the public university campus.
13    (g) All money allocated to a public university campus under
14this Section may be used only for financial aid purposes for
15students attending the public university campus during the
16academic year, not including summer terms. Notwithstanding any
17other provision of law to the contrary, any funds received by a
18public university campus under this Section that are not
19granted to students in the academic year for which the funds
20are received may be retained by the public university campus
21for expenditure on students participating in the Program or
22students eligible to participate in the Program.
23    (h) Each public university campus that establishes a
24Program under this Section must annually report to the
25Commission, on or before a date determined by the Commission,
26the number of undergraduate students enrolled at that campus

 

 

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1who are residents of this State.
2    (i) Each public university campus must report to the
3Commission the total non-loan financial aid amount given by the
4public university campus to undergraduate students in the
52017-2018 academic year, not including the summer term. To be
6eligible to receive funds under the Program, a public
7university campus may not decrease the total amount of non-loan
8financial aid it gives to undergraduate students, not including
9any funds received from the Commission under this Section or
10any funds used to match grant awards under this Section, to an
11amount lower than the reported amount for the 2017-2018
12academic year, not including the summer term.
13    (j) On or before a date determined by the Commission, each
14public university campus that participates in the Program under
15this Section shall annually submit a report to the Commission
16with all of the following information:
17        (1) The Program's impact on tuition revenue and
18    enrollment goals and increase in access and affordability
19    at the public university campus.
20        (2) Total funds received by the public university
21    campus under the Program.
22        (3) Total non-loan financial aid awarded to
23    undergraduate students attending the public university
24    campus.
25        (4) Total amount of funds matched by the public
26    university campus.

 

 

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1        (5) Total amount of claimed and unexpended funds
2    retained by the public university campus.
3        (6) The percentage of total financial aid distributed
4    under the Program by the public university campus.
5        (7) The total number of students receiving grants from
6    the public university campus under the Program and those
7    students' grade level, race, gender, income level, family
8    size, Monetary Award Program eligibility, Pell Grant
9    eligibility, and zip code of residence and the amount of
10    each grant award. This information shall include unit
11    record data on those students regarding variables
12    associated with the parameters of the public university's
13    Program, including, but not limited to, a student's ACT or
14    SAT college admissions test score, high school or
15    university cumulative grade point average, or program of
16    study.
17    On or before October 1, 2020 and annually on or before
18October 1 thereafter, the Commission shall submit a report with
19the findings under this subsection (j) and any other
20information regarding the AIM HIGH Grant Pilot Program to (i)
21the Governor, (ii) the Speaker of the House of Representatives,
22(iii) the Minority Leader of the House of Representatives, (iv)
23the President of the Senate, and (v) the Minority Leader of the
24Senate. The reports to the General Assembly shall be filed with
25the Clerk of the House of Representatives and the Secretary of
26the Senate in electronic form only, in the manner that the

 

 

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1Clerk and the Secretary shall direct. The Commission's report
2may not disaggregate data to a level that may disclose
3personally identifying information of individual students.
4    The sharing and reporting of student data under this
5subsection (j) must be in accordance with the requirements
6under the federal Family Educational Rights and Privacy Act of
71974 and the Illinois School Student Records Act. All parties
8must preserve the confidentiality of the information as
9required by law. The names of the grant recipients under this
10Section are not subject to disclosure under the Freedom of
11Information Act.
12    Public university campuses that fail to submit a report
13under this subsection (j) or that fail to adhere to any other
14requirements under this Section may not be eligible for
15distribution of funds under the Program for the next academic
16year, but may be eligible for distribution of funds for each
17academic year thereafter.
18    (k) The Commission shall adopt rules to implement this
19Section.
20    (l) This Section is repealed on October 1, 2024.
21(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
22100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff.
236-1-20.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.