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Public Act 102-0539 |
SB2043 Enrolled | LRB102 16609 CMG 22008 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sick Leave Bank Act is amended by changing |
Section 5.10 as follows:
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(5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
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Sec. 5.10.
"Agency" means any branch, department, board, |
committee or
commission of State government, but does not |
include units of local
government, school districts or boards |
of election commissioners , or the State Board of Education .
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(Source: P.A. 87-822.)
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Section 10. The School Code is amended by changing |
Sections 2-3.47a, 2-3.104, 2-3.161, 10-17a, 10-22.6, 21B-35, |
26-19, 27-6.5, 29-5, and 34-18.43 as follows: |
(105 ILCS 5/2-3.47a) |
Sec. 2-3.47a. Strategic plan. |
(a) The State Board of Education shall develop and |
maintain a continuing 5-year comprehensive strategic plan for |
elementary and secondary education. The strategic plan shall |
address how the State Board of Education will focus its |
efforts to increase equity in all Illinois schools and shall |
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include , without limitation , all of the following topic areas: |
(1) Service and support to school districts to improve |
student performance. |
(2) Programs to improve equitable and strategic |
resource allocation in Equity, adequacy, and |
predictability of educational opportunities and resources |
for all schools. |
(3) Efforts to enhance the social-emotional well-being |
of Illinois students Program development and improvements, |
including financial planning and support services . |
(4) (Blank). Efficient means of delivering services to |
schools on a regional basis. |
(5) (Blank). Assistance to students at risk of |
academic failure and the use of proven support programs |
and services to close the achievement gap. |
(6) (Blank). Educational research and development and |
access and training in the use of a centralized student |
achievement data system. |
(7) (Blank). Recommendations for streamlining the |
School Code to eliminate laws that interfere with local |
control, taking into account those foundational standards |
that have already been established. |
(8) (Blank). Streamlining certification of teachers |
and administrators to provide quality personnel and |
ongoing professional development. |
(9) (Blank). Support services to enhance the capacity |
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of school districts to meet federal and State statutory |
standards. |
(10) (Blank). Enhanced technology for use in |
administration, classroom, and nontraditional educational |
settings. |
(11) (Blank). Recognition of successful, exemplary |
schools. |
(12) (Blank). The unique needs of rural school |
districts. |
(13) (Blank). School reorganization issues. |
(14) Attraction and retention of diverse and qualified |
teachers and leaders . |
(15) (Blank). Additional duties that should be |
assigned to regional offices of education and regional |
administrative service centers to support local control of |
school districts and eliminate any duplication and |
inefficiency.
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The State Board of Education shall consult with the |
educational community, hold public hearings, and receive input |
from all interested groups in drafting the strategic plan. |
(b) To meet the requirements of this Section, the State |
Board of Education shall issue to the Governor and General |
Assembly a preliminary report within 6 months after the |
effective date of this amendatory Act of the 93rd General |
Assembly and a final 5-year strategic plan within one year |
after the effective date of this amendatory Act of the 93rd |
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General Assembly. Thereafter, the strategic plan shall be |
updated and issued to the Governor and General Assembly on or |
before July 1 of each year.
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(Source: P.A. 93-1036, eff. 9-14-04.)
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(105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
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Sec. 2-3.104. State mandate reports. The State Board of |
Education shall
prepare an annual report listing all new State |
mandates applicable to the
common schools during the school |
year covered by the report, excluding only
those mandates that |
relate to school elections. The annual report shall
set forth |
for each listed mandate the date or approximate date that the
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mandate became effective and the cost of implementing that |
mandate during
the school year covered by the report; provided |
that if the mandate has not
been in effect for the entire |
school year covered by the report, the
estimated annual cost |
of implementing that mandate shall be set forth in
that |
report, and provided that if the mandate exists because of a |
federal
law, rule or regulation, the report shall note that |
fact. The State Board
of Education shall highlight on each |
annual
report each mandate listed thereon that first became |
effective and
applicable to the common schools during the |
school year covered by the current
annual report. Each annual |
report prepared by the State Board of
Education shall be filed |
by the State Board of Education with the General
Assembly on or |
before March 1 of the calendar year, beginning with calendar
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year 1992, and shall cover only the school year ending during |
the calendar year
immediately preceding the calendar year in |
which the annual report is
required to be filed.
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(Source: P.A. 87-632; 87-895.)
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(105 ILCS 5/2-3.161) |
Sec. 2-3.161. Definition of dyslexia; reading instruction |
advisory group; handbook. |
(a) The State Board of Education shall incorporate, in |
both general education and special education, the following |
definition of dyslexia: |
Dyslexia is a specific learning disability that is |
neurobiological in origin.
Dyslexia is characterized by |
difficulties with accurate and/or fluent word
recognition |
and by poor spelling and decoding abilities. These |
difficulties
typically result from a deficit in the |
phonological component of language
that is often |
unexpected in relation to other cognitive abilities and |
the
provision of effective classroom instruction. |
Secondary consequences may
include problems in reading |
comprehension and reduced reading experience that
can |
impede growth of vocabulary and background knowledge. |
(b) (Blank). Subject to specific State appropriation or |
the availability of private donations, the State Board of |
Education shall establish an advisory group to develop a |
training module or training modules to provide education and |
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professional development to teachers, school administrators, |
and other education professionals regarding multi-sensory, |
systematic, and sequential instruction in reading. This |
advisory group shall complete its work before December 15, |
2015 and is abolished on December 15, 2015. The State Board of |
Education shall reestablish the advisory group abolished on |
December 15, 2015 to complete the abolished group's work. The |
reestablished advisory group shall complete its work before |
December 31, 2016 and is abolished on December 31, 2016. The |
provisions of this subsection (b), other than this sentence, |
are inoperative after December 31, 2016.
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(c) The State Board of Education shall develop and |
maintain a handbook to be made available on its Internet |
website that provides guidance for pupils, parents or |
guardians, and teachers on the subject of dyslexia. The |
handbook shall include, but is not limited to: |
(1) guidelines for teachers and parents or guardians |
on how to identify signs of dyslexia; |
(2) a description of educational strategies that have |
been shown to improve the academic performance of pupils |
with dyslexia; and |
(3) a description of resources and services available |
to pupils with dyslexia, parents or guardians of pupils |
with dyslexia, and teachers. |
The State Board shall review the handbook once every 4 |
years to update, if necessary, the guidelines, educational |
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strategies, or resources and services made available in the |
handbook. |
(Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15; |
99-602, eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff. |
8-18-17; 100-617, eff. 7-20-18.)
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(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
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Sec. 10-17a. State, school district, and school report |
cards.
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(1) By October 31, 2013 and October 31 of each subsequent |
school year, the State Board of Education, through the State |
Superintendent of Education, shall prepare a State report |
card, school district report cards, and school report cards, |
and shall by the most economic means provide to each school
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district in this State, including special charter districts |
and districts
subject to the provisions of Article 34, the |
report cards for the school district and each of its schools. |
During a school year in which the Governor has declared a |
disaster due to a public health emergency pursuant to Section |
7 of the Illinois Emergency Management Agency Act, the report |
cards for the school districts and each of its schools shall be |
prepared by December 31. |
(2) In addition to any information required by federal |
law, the State Superintendent shall determine the indicators |
and presentation of the school report card, which must |
include, at a minimum, the most current data collected and |
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maintained by the State Board of Education related to the |
following: |
(A) school characteristics and student demographics, |
including average class size, average teaching experience, |
student racial/ethnic breakdown, and the percentage of |
students classified as low-income; the percentage of |
students classified as English learners , the number of |
students who graduate from a bilingual or English learner |
program, and the number of students who graduate from, |
transfer from, or otherwise leave bilingual programs ; the |
percentage of students who have individualized education |
plans or 504 plans that provide for special education |
services; the number and percentage of all students who |
have been assessed for placement in a gifted education or |
advanced academic program and, of those students: (i) the |
racial and ethnic breakdown, (ii) the percentage who are |
classified as low-income, and (iii) the number and |
percentage of students who received direct instruction |
from a teacher who holds a gifted education endorsement |
and, of those students, the percentage who are classified |
as low-income; the percentage of students scoring at the |
"exceeds expectations" level on the assessments required |
under Section 2-3.64a-5 of this Code; the percentage of |
students who annually transferred in or out of the school |
district; average daily attendance; the per-pupil |
operating expenditure of the school district; and the |
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per-pupil State average operating expenditure for the |
district type (elementary, high school, or unit); |
(B) curriculum information, including, where |
applicable, Advanced Placement, International |
Baccalaureate or equivalent courses, dual enrollment |
courses, foreign language classes, school personnel |
resources (including Career Technical Education teachers), |
before and after school programs, extracurricular |
activities, subjects in which elective classes are |
offered, health and wellness initiatives (including the |
average number of days of Physical Education per week per |
student), approved programs of study, awards received, |
community partnerships, and special programs such as |
programming for the gifted and talented, students with |
disabilities, and work-study students; |
(C) student outcomes, including, where applicable, the |
percentage of students deemed proficient on assessments of |
State standards, the percentage of students in the eighth |
grade who pass Algebra, the percentage of students who |
participated in workplace learning experiences, the |
percentage of students enrolled in post-secondary |
institutions (including colleges, universities, community |
colleges, trade/vocational schools, and training programs |
leading to career certification within 2 semesters of high |
school graduation), the percentage of students graduating |
from high school who are college and career ready, and the |
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percentage of graduates enrolled in community colleges, |
colleges, and universities who are in one or more courses |
that the community college, college, or university |
identifies as a developmental course; |
(D) student progress, including, where applicable, the |
percentage of students in the ninth grade who have earned |
5 credits or more without failing more than one core |
class, a measure of students entering kindergarten ready |
to learn, a measure of growth, and the percentage of |
students who enter high school on track for college and |
career readiness; |
(E) the school environment, including, where |
applicable, high school dropout rate by grade level, the |
percentage of students with less than 10 absences in a |
school year, the percentage of teachers with less than 10 |
absences in a school year for reasons other than |
professional development, leaves taken pursuant to the |
federal Family Medical Leave Act of 1993, long-term |
disability, or parental leaves, the 3-year average of the |
percentage of teachers returning to the school from the |
previous year, the number of different principals at the |
school in the last 6 years, the number of teachers who hold |
a gifted education endorsement, the process and criteria |
used by the district to determine whether a student is |
eligible for participation in a gifted education program |
or advanced academic program and the manner in which |
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parents and guardians are made aware of the process and |
criteria, 2 or more indicators from any school climate |
survey selected or approved by the State and administered |
pursuant to Section 2-3.153 of this Code, with the same or |
similar indicators included on school report cards for all |
surveys selected or approved by the State pursuant to |
Section 2-3.153 of this Code, and the combined percentage |
of teachers rated as proficient or excellent in their most |
recent evaluation; |
(F) a school district's and its individual schools' |
balanced accountability measure, in accordance with |
Section 2-3.25a of this Code; |
(G) the total and per pupil normal cost amount the |
State contributed to the Teachers' Retirement System of |
the State of Illinois in the prior fiscal year for the |
school's employees, which shall be reported to the State |
Board of Education by the Teachers' Retirement System of |
the State of Illinois; |
(H) for a school district organized under Article 34 |
of this Code only, State contributions to the Public |
School Teachers' Pension and Retirement Fund of Chicago |
and State contributions for health care for employees of |
that school district; |
(I) a school district's Final Percent of Adequacy, as |
defined in paragraph (4) of subsection (f) of Section |
18-8.15 of this Code; |
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(J) a school district's Local Capacity Target, as |
defined in paragraph (2) of subsection (c) of Section |
18-8.15 of this Code, displayed as a percentage amount; |
(K) a school district's Real Receipts, as defined in |
paragraph (1) of subsection (d) of Section 18-8.15 of this |
Code, divided by a school district's Adequacy Target, as |
defined in paragraph (1) of subsection (b) of Section |
18-8.15 of this Code, displayed as a percentage amount; |
(L) a school district's administrative costs; and |
(M) whether or not the school has participated in the |
Illinois Youth Survey. In this paragraph (M), "Illinois |
Youth Survey" means a self-report survey, administered in |
school settings every 2 years, designed to gather |
information about health and social indicators, including |
substance abuse patterns and the attitudes of students in |
grades 8, 10, and 12; and |
(N) whether the school offered its students career and |
technical education opportunities. |
The school report card shall also provide
information that |
allows for comparing the current outcome, progress, and |
environment data to the State average, to the school data from |
the past 5 years, and to the outcomes, progress, and |
environment of similar schools based on the type of school and |
enrollment of low-income students, special education students, |
and English learners.
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As used in this subsection (2): |
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"Administrative costs" means costs associated with |
executive, administrative, or managerial functions within the |
school district that involve planning, organizing, managing, |
or directing the school district. |
"Advanced academic program" means a course of study to |
which students are assigned based on advanced cognitive |
ability or advanced academic achievement compared to local age |
peers and in which the curriculum is substantially |
differentiated from the general curriculum to provide |
appropriate challenge and pace. |
"Gifted education" means educational services, including |
differentiated curricula and instructional methods, designed |
to meet the needs of gifted children as defined in Article 14A |
of this Code. |
For the purposes of paragraph (A) of this subsection (2), |
"average daily attendance" means the average of the actual |
number of attendance days during the previous school year for |
any enrolled student who is subject to compulsory attendance |
by Section 26-1 of this Code at each school and charter school. |
(3) At the discretion of the State Superintendent, the |
school district report card shall include a subset of the |
information identified in paragraphs (A) through (E) of |
subsection (2) of this Section, as well as information |
relating to the operating expense per pupil and other finances |
of the school district, and the State report card shall |
include a subset of the information identified in paragraphs |
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(A) through (E) and paragraph (N) of subsection (2) of this |
Section. The school district report card shall include the |
average daily attendance, as that term is defined in |
subsection (2) of this Section, of students who have |
individualized education programs and students who have 504 |
plans that provide for special education services within the |
school district. |
(4) Notwithstanding anything to the contrary in this |
Section, in consultation with key education stakeholders, the |
State Superintendent shall at any time have the discretion to |
amend or update any and all metrics on the school, district, or |
State report card. |
(5) Annually, no more than 30 calendar days after receipt |
of the school district and school report cards from the State |
Superintendent of Education, each school district, including |
special charter districts and districts subject to the |
provisions of Article 34, shall present such report
cards at a |
regular school board meeting subject to
applicable notice |
requirements, post the report cards
on the
school district's |
Internet web site, if the district maintains an Internet web
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site, make the report cards
available
to a newspaper of |
general circulation serving the district, and, upon
request, |
send the report cards
home to a parent (unless the district |
does not maintain an Internet web site,
in which case
the |
report card shall be sent home to parents without request). If |
the
district posts the report card on its Internet web
site, |
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the district
shall send a
written notice home to parents |
stating (i) that the report card is available on
the web site,
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(ii) the address of the web site, (iii) that a printed copy of |
the report card
will be sent to
parents upon request, and (iv) |
the telephone number that parents may
call to
request a |
printed copy of the report card.
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(6) Nothing contained in Public Act 98-648 repeals, |
supersedes, invalidates, or nullifies final decisions in |
lawsuits pending on July 1, 2014 (the effective date of Public |
Act 98-648) in Illinois courts involving the interpretation of |
Public Act 97-8. |
(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18; |
100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff. |
8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68, |
eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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Sec. 10-22.6. Suspension or expulsion of pupils; school |
searches.
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(a) To expel pupils guilty of gross disobedience or |
misconduct, including gross disobedience or misconduct |
perpetuated by electronic means, pursuant to subsection (b-20) |
of this Section, and
no action shall lie against them for such |
expulsion. Expulsion shall
take place only after the parents |
have been requested to appear at a
meeting of the board, or |
with a hearing officer appointed by it, to
discuss their |
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child's behavior. Such request shall be made by registered
or |
certified mail and shall state the time, place and purpose of |
the
meeting. The board, or a hearing officer appointed by it, |
at such
meeting shall state the reasons for dismissal and the |
date on which the
expulsion is to become effective. If a |
hearing officer is appointed by
the board, he shall report to |
the board a written summary of the evidence
heard at the |
meeting and the board may take such action thereon as it
finds |
appropriate. If the board acts to expel a pupil, the written |
expulsion decision shall detail the specific reasons why |
removing the pupil from the learning environment is in the |
best interest of the school. The expulsion decision shall also |
include a rationale as to the specific duration of the |
expulsion. An expelled pupil may be immediately transferred to |
an alternative program in the manner provided in Article 13A |
or 13B of this Code. A pupil must not be denied transfer |
because of the expulsion, except in cases in which such |
transfer is deemed to cause a threat to the safety of students |
or staff in the alternative program.
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(b) To suspend or by policy to authorize the |
superintendent of
the district or the principal, assistant |
principal, or dean of students
of any school to suspend pupils |
guilty of gross disobedience or misconduct, or
to suspend |
pupils guilty of gross disobedience or misconduct on the |
school bus
from riding the school bus, pursuant to subsections |
(b-15) and (b-20) of this Section, and no action
shall lie |
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against them for such suspension. The board may by policy
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authorize the superintendent of the district or the principal, |
assistant
principal, or dean of students of any
school to |
suspend pupils guilty of such acts for a period not to exceed
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10 school days. If a pupil is suspended due to gross |
disobedience or misconduct
on a school bus, the board may |
suspend the pupil in excess of 10
school
days for safety |
reasons. |
Any suspension shall be reported immediately to the
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parents or guardian of a pupil along with a full statement of |
the
reasons for such suspension and a notice of their right to |
a review. The school board must be given a summary of the |
notice, including the reason for the suspension and the |
suspension length. Upon request of the
parents or guardian, |
the school board or a hearing officer appointed by
it shall |
review such action of the superintendent or principal, |
assistant
principal, or dean of students. At such
review, the |
parents or guardian of the pupil may appear and discuss the
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suspension with the board or its hearing officer. If a hearing |
officer
is appointed by the board, he shall report to the board |
a written summary
of the evidence heard at the meeting. After |
its hearing or upon receipt
of the written report of its |
hearing officer, the board may take such
action as it finds |
appropriate. If a student is suspended pursuant to this |
subsection (b), the board shall, in the written suspension |
decision, detail the specific act of gross disobedience or |
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misconduct resulting in the decision to suspend. The |
suspension decision shall also include a rationale as to the |
specific duration of the suspension. A pupil who is suspended |
in excess of 20 school days may be immediately transferred to |
an alternative program in the manner provided in Article 13A |
or 13B of this Code. A pupil must not be denied transfer |
because of the suspension, except in cases in which such |
transfer is deemed to cause a threat to the safety of students |
or staff in the alternative program.
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(b-5) Among the many possible disciplinary interventions |
and consequences available to school officials, school |
exclusions, such as out-of-school suspensions and expulsions, |
are the most serious. School officials shall limit the number |
and duration of expulsions and suspensions to the greatest |
extent practicable, and it is recommended that they use them |
only for legitimate educational purposes. To ensure that |
students are not excluded from school unnecessarily, it is |
recommended that school officials consider forms of |
non-exclusionary discipline prior to using out-of-school |
suspensions or expulsions. |
(b-10) Unless otherwise required by federal law or this |
Code, school boards may not institute zero-tolerance policies |
by which school administrators are required to suspend or |
expel students for particular behaviors. |
(b-15) Out-of-school suspensions of 3 days or less may be |
used only if the student's continuing presence in school would |
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pose a threat to school safety or a disruption to other |
students' learning opportunities. For purposes of this |
subsection (b-15), "threat to school safety or a disruption to |
other students' learning opportunities" shall be determined on |
a case-by-case basis by the school board or its designee. |
School officials shall make all reasonable efforts to resolve |
such threats, address such disruptions, and minimize the |
length of suspensions to the greatest extent practicable. |
(b-20) Unless otherwise required by this Code, |
out-of-school suspensions of longer than 3 days, expulsions, |
and disciplinary removals to alternative schools may be used |
only if other appropriate and available behavioral and |
disciplinary interventions have been exhausted and the |
student's continuing presence in school would either (i) pose |
a
threat to the safety of other students, staff, or members of
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the school community or (ii) substantially disrupt, impede, or
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interfere with the operation of the school. For purposes of |
this subsection (b-20), "threat to the safety of other |
students, staff, or members of the school community" and |
"substantially disrupt, impede, or interfere with the |
operation of the school" shall be determined on a case-by-case |
basis by school officials. For purposes of this subsection |
(b-20), the determination of whether "appropriate and |
available behavioral and disciplinary interventions have been |
exhausted" shall be made by school officials. School officials |
shall make all reasonable efforts to resolve such threats, |
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address such disruptions, and minimize the length of student |
exclusions to the greatest extent practicable. Within the |
suspension decision described in subsection (b) of this |
Section or the expulsion decision described in subsection (a) |
of this Section, it shall be documented whether other |
interventions were attempted or whether it was determined that |
there were no other appropriate and available interventions. |
(b-25) Students who are suspended out-of-school for longer |
than 4 school days shall be provided appropriate and available |
support services during the period of their suspension. For |
purposes of this subsection (b-25), "appropriate and available |
support services" shall be determined by school authorities. |
Within the suspension decision described in subsection (b) of |
this Section, it shall be documented whether such services are |
to be provided or whether it was determined that there are no |
such appropriate and available services. |
A school district may refer students who are expelled to |
appropriate and available support services. |
A school district shall create a policy to facilitate the |
re-engagement of students who are suspended out-of-school, |
expelled, or returning from an alternative school setting. |
(b-30) A school district shall create a policy by which |
suspended pupils, including those pupils suspended from the |
school bus who do not have alternate transportation to school, |
shall have the opportunity to make up work for equivalent |
academic credit. It shall be the responsibility of a pupil's |
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parent or guardian to notify school officials that a pupil |
suspended from the school bus does not have alternate |
transportation to school. |
(c) A school board must invite a representative from a |
local mental health agency to consult with the board at the |
meeting whenever there is evidence that mental illness may be |
the cause of a student's expulsion or suspension. The |
Department of Human Services
shall be invited to send a |
representative to consult with the board at
such meeting |
whenever there is evidence that mental illness may be the
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cause for expulsion or suspension.
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(c-5) School districts shall make reasonable efforts to |
provide ongoing professional development to teachers, |
administrators, school board members, school resource |
officers, and staff on the adverse consequences of school |
exclusion and justice-system involvement, effective classroom |
management strategies, culturally responsive discipline, the |
appropriate and available supportive services for the |
promotion of student attendance and engagement, and |
developmentally appropriate disciplinary methods that promote |
positive and healthy school climates. |
(d) The board may expel a student for a definite period of |
time not to
exceed 2 calendar years, as determined on a |
case-by-case basis.
A student who
is determined to have |
brought one of the following objects to school, any |
school-sponsored activity
or event, or any activity or event |
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that bears a reasonable relationship to school shall be |
expelled for a period of not less than
one year: |
(1) A firearm. For the purposes of this Section, |
"firearm" means any gun, rifle, shotgun, weapon as defined |
by Section 921 of Title 18 of the United States Code, |
firearm as defined in Section 1.1 of the Firearm Owners |
Identification Card Act, or firearm as defined in Section |
24-1 of the Criminal Code of 2012. The expulsion period |
under this subdivision (1) may be modified by the |
superintendent, and the superintendent's determination may |
be modified by the board on a case-by-case basis. |
(2) A knife, brass knuckles or other knuckle weapon |
regardless of its composition, a billy club, or any other |
object if used or attempted to be used to cause bodily |
harm, including "look alikes" of any firearm as defined in |
subdivision (1) of this subsection (d). The expulsion |
requirement under this subdivision (2) may be modified by |
the superintendent, and the superintendent's determination |
may be modified by the board on a case-by-case basis. |
Expulsion
or suspension
shall be construed in a
manner |
consistent with the federal Individuals with Disabilities |
Education
Act. A student who is subject to suspension or |
expulsion as provided in this
Section may be eligible for a |
transfer to an alternative school program in
accordance with |
Article 13A of the School Code.
|
(d-5) The board may suspend or by regulation
authorize the |
|
superintendent of the district or the principal, assistant
|
principal, or dean of students of any
school to suspend a |
student for a period not to exceed
10 school days or may expel |
a student for a definite period of time not to
exceed 2 |
calendar years, as determined on a case-by-case basis, if (i) |
that student has been determined to have made an explicit |
threat on an Internet website against a school employee, a |
student, or any school-related personnel, (ii) the Internet |
website through which the threat was made is a site that was |
accessible within the school at the time the threat was made or |
was available to third parties who worked or studied within |
the school grounds at the time the threat was made, and (iii) |
the threat could be reasonably interpreted as threatening to |
the safety and security of the threatened individual because |
of his or her duties or employment status or status as a |
student inside the school.
|
(e) To maintain order and security in the schools, school |
authorities may
inspect and search places and areas such as |
lockers, desks, parking lots, and
other school property and |
equipment owned or controlled by the school, as well
as |
personal effects left in those places and areas by students, |
without notice
to or the consent of the student, and without a |
search warrant. As a matter of
public policy, the General |
Assembly finds that students have no reasonable
expectation of |
privacy in these places and areas or in their personal effects
|
left in these places and areas. School authorities may request |
|
the assistance
of law enforcement officials for the purpose of |
conducting inspections and
searches of lockers, desks, parking |
lots, and other school property and
equipment owned or |
controlled by the school for illegal drugs, weapons, or
other
|
illegal or dangerous substances or materials, including |
searches conducted
through the use of specially trained dogs. |
If a search conducted in accordance
with this Section produces |
evidence that the student has violated or is
violating either |
the law, local ordinance, or the school's policies or rules,
|
such evidence may be seized by school authorities, and |
disciplinary action may
be taken. School authorities may also |
turn over such evidence to law
enforcement authorities.
|
(f) Suspension or expulsion may include suspension or |
expulsion from
school and all school activities and a |
prohibition from being present on school
grounds.
|
(g) A school district may adopt a policy providing that if |
a student
is suspended or expelled for any reason from any |
public or private school
in this or any other state, the |
student must complete the entire term of
the suspension or |
expulsion in an alternative school program under Article 13A |
of this Code or an alternative learning opportunities program |
under Article 13B of this Code before being admitted into the |
school
district if there is no threat to the safety of students |
or staff in the alternative program.
|
(h) School officials shall not advise or encourage |
students to drop out voluntarily due to behavioral or academic |
|
difficulties. |
(i) A student may not be issued a monetary fine or fee as a |
disciplinary consequence, though this shall not preclude |
requiring a student to provide restitution for lost, stolen, |
or damaged property. |
(j) Subsections (a) through (i) of this Section shall |
apply to elementary and secondary schools, charter schools, |
special charter districts, and school districts organized |
under Article 34 of this Code. |
(k) The expulsion of children enrolled in programs funded |
under Section 1C-2 of this Code is subject to the requirements |
under paragraph (7) of subsection (a) of Section 2-3.71 of |
this Code. |
(l) Beginning with the 2018-2019 school year, an in-school |
suspension program provided by a school district for any |
students in kindergarten through grade 12 may focus on |
promoting non-violent conflict resolution and positive |
interaction with other students and school personnel. A school |
district may employ a school social worker or a licensed |
mental health professional to oversee an in-school suspension |
program in kindergarten through grade 12. |
(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19; |
100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff. |
7-12-19.)
|
(105 ILCS 5/21B-35) |
|
Sec. 21B-35. Minimum requirements for educators trained in |
other states or countries. |
(a) Any applicant who has not been entitled by an |
Illinois-approved educator preparation program at an Illinois |
institution of higher education applying for a Professional |
Educator License endorsed in a teaching field or school |
support personnel area must meet the following requirements: |
(1) the applicant must: |
(A) hold a comparable and valid educator license |
or certificate, as defined by rule, with similar grade |
level and content area credentials from another state, |
with the State Board of Education having the authority |
to determine what constitutes similar grade level and |
content area credentials from another state; |
(B) have a bachelor's degree from a regionally |
accredited institution of higher education; and |
(C) (blank); or have demonstrated proficiency in |
the English language by either passing the English |
language proficiency test required by the State Board |
of Education or providing evidence of completing a |
postsecondary degree at an institution in which the |
mode of instruction was English; or |
(2) the applicant must: |
(A) have completed a state-approved program for |
the licensure area sought, including coursework |
concerning methods of instruction of the exceptional |
|
child, methods of reading and reading in the content |
area, and instructional strategies for English |
learners; |
(B) have a bachelor's degree from a regionally |
accredited institution of higher education; |
(C) have successfully met all Illinois examination |
requirements, except that: |
(i) (blank); |
(ii) an applicant who has successfully |
completed a test of content, as defined by rules, |
at the time of initial licensure in another state |
is not required to complete a test of content; and |
(iii) an applicant for a teaching endorsement |
who has successfully completed an evidence-based |
assessment of teacher effectiveness, as defined by |
rules, at the time of initial licensure in another |
state is not required to complete an |
evidence-based assessment of teacher |
effectiveness; and |
(D) for an applicant for a teaching endorsement, |
have completed student teaching or an equivalent |
experience or, for an applicant for a school service |
personnel endorsement, have completed an internship or |
an equivalent experience. |
(b) In order to receive a Professional Educator License |
endorsed in a teaching field or school support personnel area, |
|
applicants trained in another country must meet all of the |
following requirements: |
(1) Have completed a comparable education program in |
another country. |
(2) Have had transcripts evaluated by an evaluation |
service approved by the State Superintendent of Education. |
(3) Have a degree comparable to a degree from a |
regionally accredited institution of higher education. |
(4) Have completed coursework aligned to standards |
concerning methods of instruction of the exceptional |
child, methods of reading and reading in the content area, |
and instructional strategies for English learners. |
(5) (Blank). |
(6) (Blank). |
(7) Have successfully met all State licensure |
examination requirements. Applicants who have successfully |
completed a test of content, as defined by rules, at the |
time of initial licensure in another country shall not be |
required to complete a test of content. Applicants for a |
teaching endorsement who have successfully completed an |
evidence-based assessment of teacher effectiveness, as |
defined by rules, at the time of initial licensure in |
another country shall not be required to complete an |
evidence-based assessment of teacher effectiveness. |
(8) Have completed student teaching or an equivalent |
experience. |
|
(9) (Blank). Have demonstrated proficiency in the |
English language by either passing the English language |
proficiency test required by the State Board of Education |
or providing evidence of completing a postsecondary degree |
at an institution in which the mode of instruction was |
English. |
(b-5) All applicants who have not been entitled by an |
Illinois-approved educator preparation program at an Illinois |
institution of higher education and applicants trained in |
another country applying for a Professional Educator License |
endorsed for principal or superintendent must hold a master's |
degree from a regionally accredited institution of higher |
education , pass the English language proficiency test required |
by the State Board of Education, and hold a comparable and |
valid educator license or certificate with similar grade level |
and subject matter credentials, with the State Board of |
Education having the authority to determine what constitutes |
similar grade level and subject matter credentials from |
another state, or must meet all of the following requirements: |
(1) Have completed an educator preparation program |
approved by another state or comparable educator program |
in another country leading to the receipt of a license or |
certificate for the Illinois endorsement sought. |
(2) Have successfully met all State licensure |
examination requirements, as required by Section 21B-30 of |
this Code. Applicants who have successfully completed a |
|
test of content, as defined by rules, at the time of |
initial licensure in another state or country shall not be |
required to complete a test of content. |
(2.5) Have completed an internship, as defined by |
rule. |
(3) (Blank). |
(4) Have completed coursework aligned to standards |
concerning methods of instruction of the exceptional |
child, methods of reading and reading in the content area, |
and instructional strategies for English learners. |
(4.5) (Blank). Have demonstrated proficiency in the |
English language by either passing the English language |
proficiency test required by the State Board of Education |
or providing evidence of completing a postsecondary degree |
at an institution in which the mode of instruction was |
English. |
(5) Have completed a master's degree. |
(6) Have successfully completed teaching, school |
support, or administrative experience as defined by rule. |
(b-7) All applicants who have not been entitled by an |
Illinois-approved educator preparation program at an Illinois |
institution of higher education applying for a Professional |
Educator License endorsed for Director of Special Education |
must hold a master's degree from a regionally accredited |
institution of higher education and must hold a comparable and |
valid educator license or certificate with similar grade level |
|
and subject matter credentials, with the State Board of |
Education having the authority to determine what constitutes |
similar grade level and subject matter credentials from |
another state, or must meet all of the following requirements: |
(1) Have completed a master's degree. |
(2) Have 2 years of full-time experience providing |
special education services. |
(3) Have successfully completed all examination |
requirements, as required by Section 21B-30 of this Code. |
Applicants who have successfully completed a test of |
content, as identified by rules, at the time of initial |
licensure in another state or country shall not be |
required to complete a test of content. |
(4) Have completed coursework aligned to standards |
concerning methods of instruction of the exceptional |
child, methods of reading and reading in the content area, |
and instructional strategies for English learners. |
(b-10) All applicants who have not been entitled by an |
Illinois-approved educator preparation program at an Illinois |
institution of higher education applying for a Professional |
Educator License endorsed for chief school business official |
must hold a master's degree from a regionally accredited |
institution of higher education and must hold a comparable and |
valid educator license or certificate with similar grade level |
and subject matter credentials, with the State Board of |
Education having the authority to determine what constitutes |
|
similar grade level and subject matter credentials from |
another state, or must meet all of the following requirements: |
(1) Have completed a master's degree in school |
business management, finance, or accounting. |
(2) Have successfully completed an internship in |
school business management or have 2 years of experience |
as a school business administrator. |
(3) Have successfully met all State examination |
requirements, as required by Section 21B-30 of this Code. |
Applicants who have successfully completed a test of |
content, as identified by rules, at the time of initial |
licensure in another state or country shall not be |
required to complete a test of content. |
(4) Have completed modules aligned to standards |
concerning methods of instruction of the exceptional |
child, methods of reading and reading in the content area, |
and instructional strategies for English learners. |
(c) The State Board of Education, in consultation with the |
State Educator Preparation and Licensure Board, may adopt such |
rules as may be necessary to implement this Section.
|
(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18; |
100-596, eff. 7-1-18; 101-220, eff. 8-7-19; 101-643, eff. |
6-18-20.) |
(105 ILCS 5/26-19) |
Sec. 26-19. Chronic absenteeism in preschool children. |
|
(a) In this Section, "chronic absence" has the meaning |
ascribed to that term in Section 26-18 of this Code. |
(b) The General Assembly makes all of the following |
findings: |
(1) The early years are an extremely important period |
in a child's learning and development. |
(2) Missed learning opportunities in the early years |
make it difficult for a child to enter kindergarten ready |
for success. |
(3) Attendance patterns in the early years serve as |
predictors of chronic absenteeism and reduced educational |
outcomes in later school years. Therefore, it is crucial |
that the implications of chronic absence be understood and |
reviewed regularly under the Preschool for All Program and |
Preschool for All Expansion Program in all publicly funded |
early childhood programs receiving State funds under |
Section 2-3.71 of this Code. |
(c) The Preschool for All Program and Preschool for All |
Expansion Program Beginning July 1, 2019, any publicly funded |
early childhood program receiving State funds under Section |
2-3.71 of this Code shall collect and review its chronic |
absence data and determine what support and resources are |
needed to positively engage chronically absent students and |
their families to encourage the habit of daily attendance and |
promote success. |
(d) The Preschool for All Program and Preschool for All |
|
Expansion Program Publicly funded early childhood programs |
receiving State funds under Section 2-3.71 of this Code are |
encouraged to do all of the following: |
(1) Provide support to students who are at risk of |
reaching or exceeding chronic absence levels. |
(2) Make resources available to families, such as |
those available through the State Board of Education's |
Family Engagement Framework, to support and encourage |
families to ensure their children's daily program |
attendance. |
(3) Include information about chronic absenteeism as |
part of their preschool to kindergarten transition |
resources. |
(e) On or before July 1, 2020, and annually thereafter, |
the Preschool for All Program and Preschool for All Expansion |
Program an early childhood program shall report all data |
collected under subsection (c) of this Section to the State |
Board of Education, which shall make the report publicly |
available via the Illinois Early Childhood Asset Map Internet |
website and the Preschool for All Program or Preschool for All |
Expansion Program triennial report.
|
(Source: P.A. 100-819, eff. 7-1-19 .) |
(105 ILCS 5/27-6.5) |
Sec. 27-6.5. Physical fitness assessments in schools. |
(a) As used in this Section, "physical fitness assessment" |
|
means a series of assessments to measure aerobic capacity, |
body composition, muscular strength, muscular endurance, and |
flexibility. |
(b) To measure the effectiveness of State Goal 20 of the |
Illinois Learning Standards for Physical Development and |
Health, beginning with the 2016-2017 school year and every |
school year thereafter, the State Board of Education shall |
require all public schools to use a scientifically-based, |
health-related physical fitness assessment for grades 3 |
through 12 and periodically report fitness information to the |
State Board of Education, as set forth in subsections (c) and |
(e) of this Section, to assess student fitness indicators. |
Public schools shall integrate health-related fitness |
testing into the curriculum as an instructional tool, except |
in grades before the 3rd grade. Fitness tests must be |
appropriate to students' developmental levels and physical |
abilities. The testing must be used to teach students how to |
assess their fitness levels, set goals for improvement, and |
monitor progress in reaching their goals. Fitness scores shall |
not be used for grading students or evaluating teachers. |
(c) (Blank). On or before October 1, 2014, the State |
Superintendent of Education shall appoint a 15-member |
stakeholder and expert task force, including members |
representing organizations that represent physical education |
teachers, school officials, principals, health promotion and |
disease prevention advocates and experts, school health |
|
advocates and experts, and other experts with operational and |
academic expertise in the measurement of fitness. The task |
force shall make recommendations to the State Board of |
Education on the following: |
(1) methods for ensuring the validity and uniformity |
of reported physical fitness assessment scores, including |
assessment administration protocols and professional |
development approaches for physical education teachers; |
(2) how often physical fitness assessment scores |
should be reported to the State Board of Education; |
(3) the grade levels within elementary, middle, and |
high school categories for which physical fitness |
assessment scores should be reported to the State Board of |
Education; |
(4) the minimum fitness indicators that should be |
reported to the State Board of Education, including, but |
not limited to, a score for aerobic capacity (for grades 4 |
through 12); muscular strength; endurance; and |
flexibility; |
(5) the demographic information that should accompany |
the scores, including, but not limited to, grade and |
gender; |
(6) the development of protocols regarding the |
protection of students' confidentiality and individual |
information and identifiers; and |
(7) how physical fitness assessment data should be
|
|
reported by the State Board of Education to the public, |
including potential correlations
with student academic |
achievement, attendance, and
discipline data and other |
recommended uses of the reported data. |
The State Board of Education shall provide administrative |
and other support to the task force. |
The task force shall submit its recommendations on |
physical fitness assessments on or before April 1, 2015. The |
task force may also recommend methods for assessing student |
progress on State Goals 19 and 21 through 24 of the Illinois |
Learning Standards for Physical Development and Health. The |
task force is dissolved on April 30, 2015. |
The provisions of this subsection (c), other than this |
sentence, are inoperative after March 31, 2016. |
(d) The State Board of Education must On or before |
December 31, 2015, the State Board of Education shall use the |
recommendations of the task force under subsection (c) of this |
Section to adopt rules for the implementation of physical |
fitness assessments under this Section by each public school |
for the 2016-2017 school year and every school year |
thereafter . The requirements of this Section do not apply if |
the Governor has declared a disaster due to a public health |
emergency pursuant to Section 7 of the Illinois Emergency |
Management Agency Act. |
(e) The On or before September 1, 2016, the State Board of |
Education shall adopt rules for data submission by school |
|
districts and develop a system for collecting and reporting |
the aggregated fitness information from the physical fitness |
assessments. This system shall also support the collection of |
data from school districts that use a fitness testing software |
program. |
(f) School districts may report the aggregate findings of |
physical fitness assessments by grade level and school to |
parents and members of the community through typical |
communication channels, such as Internet websites, school |
newsletters, school board reports, and presentations. |
Districts may also provide individual fitness assessment |
reports to students' parents. |
(g) Nothing in this Section precludes schools from |
implementing a physical fitness assessment before the |
2016-2017 school year or from implementing more robust forms |
of a physical fitness assessment.
|
(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
Sec. 29-5. Reimbursement by State for transportation. Any |
school
district, maintaining a school, transporting resident |
pupils to another
school district's vocational program, |
offered through a joint agreement
approved by the State Board |
of Education, as provided in Section
10-22.22 or transporting |
its resident pupils to a school which meets the
standards for |
recognition as established by the State Board of Education
|
|
which provides transportation meeting the standards of safety, |
comfort,
convenience, efficiency and operation prescribed by |
the State Board of
Education for resident pupils in |
kindergarten or any of grades 1 through
12 who: (a) reside at |
least 1 1/2 miles as measured by the customary route of
travel, |
from the school attended; or (b) reside in areas where |
conditions are
such that walking constitutes a hazard to the |
safety of the child when
determined under Section 29-3; and |
(c) are transported to the school attended
from pick-up points |
at the beginning of the school day and back again at the
close |
of the school day or transported to and from their assigned |
attendance
centers during the school day, shall be reimbursed |
by the State as hereinafter
provided in this Section.
|
The State will pay the prorated allowable cost of |
transporting eligible pupils less the real equalized assessed |
valuation as computed under paragraph (3) of subsection (d) of |
Section 18-8.15 prior year
assessed valuation in a dual school |
district maintaining secondary
grades 9 to 12 inclusive times |
a qualifying rate of .05%; in elementary
school districts |
maintaining grades K to 8 times a qualifying rate of
.06%; and |
in unit districts maintaining grades K to 12, including |
partial elementary unit districts formed pursuant to Article |
11E optional elementary unit districts and combined high |
school - unit districts , times a qualifying
rate of .07% ; |
provided that for optional elementary unit districts and |
combined high school - unit districts, prior year assessed |
|
valuation for high school purposes, as defined in Article 11E |
of this Code, must be used . To be eligible to receive |
reimbursement in excess of 4/5
of the cost to transport |
eligible pupils, a school district or partial elementary unit |
district formed pursuant to Article 11E shall have a
|
Transportation Fund tax rate of at least .12%. The |
Transportation Fund tax rate for a partial elementary unit |
district formed pursuant Article 11E shall be the combined |
elementary and high school rates pursuant to paragraph (4) of |
subsection (a) of Section 18-8.15. If a school district or |
partial elementary unit district formed pursuant to Article |
11E
does not have a .12% Transportation Fund tax rate, the |
amount of its
claim in excess of 4/5 of the cost of |
transporting pupils shall be
reduced by the sum arrived at by |
subtracting the Transportation Fund tax
rate from .12% and |
multiplying that amount by the district's real equalized |
assessed valuation as computed under paragraph (3) of |
subsection (d) of Section 18-8.15 prior year equalized or
|
assessed valuation , provided , that in no case shall said |
reduction
result in reimbursement of less than 4/5 of the cost |
to transport
eligible pupils.
|
The minimum amount to be received by a district is $16 |
times the
number of eligible pupils transported.
|
When calculating the reimbursement for transportation |
costs, the State Board of Education may not deduct the number |
of pupils enrolled in early education programs from the number |
|
of pupils eligible for reimbursement if the pupils enrolled in |
the early education programs are transported at the same time |
as other eligible pupils.
|
Any such district transporting resident pupils during the |
school day
to an area vocational school or another school |
district's vocational
program more than 1 1/2 miles from the |
school attended, as provided in
Sections 10-22.20a and |
10-22.22, shall be reimbursed by the State for 4/5
of the cost |
of transporting eligible pupils.
|
School day means that period of time during which the |
pupil is required to be
in attendance for instructional |
purposes.
|
If a pupil is at a location within the school district |
other than his
residence for child care purposes at the time |
for transportation to school,
that location may be considered |
for purposes of determining the 1 1/2 miles
from the school |
attended.
|
Claims for reimbursement that include children who attend |
any school
other than a public school shall show the number of |
such children
transported.
|
Claims for reimbursement under this Section shall not be |
paid for the
transportation of pupils for whom transportation |
costs are claimed for
payment under other Sections of this |
Act.
|
The allowable direct cost of transporting pupils for |
regular, vocational,
and special education pupil |
|
transportation shall be limited to the sum of
the cost of |
physical examinations required for employment as a school bus
|
driver; the salaries of full-time or part-time drivers and |
school bus maintenance
personnel; employee benefits excluding |
Illinois municipal retirement
payments, social security |
payments, unemployment insurance payments and
workers' |
compensation insurance premiums; expenditures to independent
|
carriers who operate school buses; payments to other school |
districts for
pupil transportation services; pre-approved |
contractual expenditures for
computerized bus scheduling; |
expenditures for housing assistance and homeless prevention |
under Sections 1-17 and 1-18 of the Education for Homeless |
Children Act that are not in excess of the school district's |
actual costs for providing transportation services and are not |
otherwise claimed in another State or federal grant that |
permits those costs to a parent, a legal guardian, any other |
person who enrolled a pupil, or a homeless assistance agency |
that is part of the federal McKinney-Vento Homeless Assistance |
Act's continuum of care for the area in which the district is |
located; the cost of gasoline, oil, tires, and other
supplies |
necessary for the operation of school buses; the cost of
|
converting buses' gasoline engines to more fuel efficient |
engines or to
engines which use alternative energy sources; |
the cost of travel to
meetings and workshops conducted by the |
regional superintendent or the
State Superintendent of |
Education pursuant to the standards established by
the |
|
Secretary of State under Section 6-106 of the Illinois Vehicle |
Code to improve the driving skills of
school bus drivers; the |
cost of maintenance of school buses including parts
and |
materials used; expenditures for leasing transportation |
vehicles,
except interest and service charges; the cost of |
insurance and licenses for
transportation vehicles; |
expenditures for the rental of transportation
equipment; plus |
a depreciation allowance of 20% for 5 years for school
buses |
and vehicles approved for transporting pupils to and from |
school and
a depreciation allowance of 10% for 10 years for |
other transportation
equipment so used.
Each school year, if a |
school district has made expenditures to the
Regional |
Transportation Authority or any of its service boards, a mass
|
transit district, or an urban transportation district under an
|
intergovernmental agreement with the district to provide for |
the
transportation of pupils and if the public transit carrier |
received direct
payment for services or passes from a school |
district within its service
area during the 2000-2001 school |
year, then the allowable direct cost of
transporting pupils |
for regular, vocational, and special education pupil
|
transportation shall also include the expenditures that the |
district has
made to the public transit carrier.
In addition |
to the above allowable costs school
districts shall also claim |
all transportation supervisory salary costs,
including |
Illinois municipal retirement payments, and all transportation
|
related building and building maintenance costs without |
|
limitation.
|
Special education allowable costs shall also include |
expenditures for the
salaries of attendants or aides for that |
portion of the time they assist
special education pupils while |
in transit and expenditures for parents and
public carriers |
for transporting special education pupils when pre-approved
by |
the State Superintendent of Education.
|
Indirect costs shall be included in the reimbursement |
claim for districts
which own and operate their own school |
buses. Such indirect costs shall
include administrative costs, |
or any costs attributable to transporting
pupils from their |
attendance centers to another school building for
|
instructional purposes. No school district which owns and |
operates its own
school buses may claim reimbursement for |
indirect costs which exceed 5% of
the total allowable direct |
costs for pupil transportation.
|
The State Board of Education shall prescribe uniform |
regulations for
determining the above standards and shall |
prescribe forms of cost
accounting and standards of |
determining reasonable depreciation. Such
depreciation shall |
include the cost of equipping school buses with the
safety |
features required by law or by the rules, regulations and |
standards
promulgated by the State Board of Education, and the |
Department of
Transportation for the safety and construction |
of school buses provided,
however, any equipment cost |
reimbursed by the Department of Transportation
for equipping |
|
school buses with such safety equipment shall be deducted
from |
the allowable cost in the computation of reimbursement under |
this
Section in the same percentage as the cost of the |
equipment is depreciated.
|
On or before August 15, annually, the chief school |
administrator for
the district shall certify to the State |
Superintendent of Education the
district's claim for |
reimbursement for the school year ending on June 30
next |
preceding. The State Superintendent of Education shall check |
and
approve the claims and prepare the vouchers showing the |
amounts due for
district reimbursement claims. Each fiscal |
year, the State
Superintendent of Education shall prepare and |
transmit the first 3
vouchers to the Comptroller on the 30th |
day of September, December and
March, respectively, and the |
final voucher, no later than June 20.
|
If the amount appropriated for transportation |
reimbursement is insufficient
to fund total claims for any |
fiscal year, the State Board of Education shall
reduce each |
school district's allowable costs and flat grant amount
|
proportionately to make total adjusted claims equal the total |
amount
appropriated.
|
For purposes of calculating claims for reimbursement under |
this Section for any school year beginning July 1, 2016, the |
equalized assessed valuation for a school district or partial |
elementary unit district formed pursuant to Article 11E used |
to compute reimbursement shall be the real equalized assessed |
|
valuation as computed under paragraph (3) of subsection (d) of |
Section 18-8.15. For purposes of calculating claims for |
reimbursement under this Section
for any school year beginning |
July 1, 1998, or thereafter, the
equalized
assessed valuation |
for a school district used to compute reimbursement
shall be |
computed in the same manner as it is computed under paragraph |
(2) of
subsection (G) of Section 18-8.05.
|
All reimbursements received from the State shall be |
deposited into the
district's transportation fund or into the |
fund from which the allowable
expenditures were made.
|
Notwithstanding any other provision of law, any school |
district receiving
a payment under this Section or under |
Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may |
classify all or a portion of the funds that it
receives in a |
particular fiscal year or from general State aid pursuant to
|
Section 18-8.15 18-8.05 of this Code
as funds received in |
connection with any funding program for which it is
entitled |
to receive funds from the State in that fiscal year |
(including,
without limitation, any funding program referenced |
in this Section),
regardless of the source or timing of the |
receipt. The district may not
classify more funds as funds |
received in connection with the funding
program than the |
district is entitled to receive in that fiscal year for that
|
program. Any
classification by a district must be made by a |
resolution of its board of
education. The resolution must |
identify the amount of any payments or
general State aid to be |
|
classified under this paragraph and must specify
the funding |
program to which the funds are to be treated as received in
|
connection therewith. This resolution is controlling as to the
|
classification of funds referenced therein. A certified copy |
of the
resolution must be sent to the State Superintendent of |
Education.
The resolution shall still take effect even though |
a copy of the resolution has
not been sent to the State
|
Superintendent of Education in a timely manner.
No
|
classification under this paragraph by a district shall affect |
the total amount
or timing of money the district is entitled to |
receive under this Code.
No classification under this |
paragraph by a district shall
in any way relieve the district |
from or affect any
requirements that otherwise would apply |
with respect to
that funding program, including any
accounting |
of funds by source, reporting expenditures by
original source |
and purpose,
reporting requirements,
or requirements of |
providing services.
|
Any school district with a population of not more than |
500,000
must deposit all funds received under this Article |
into the transportation
fund and use those funds for the |
provision of transportation services.
|
(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17; |
100-863, eff. 8-14-18.)
|
(105 ILCS 5/34-18.43) |
Sec. 34-18.43. Establishing an equitable and effective |
|
school facility development process. |
(a) The General Assembly finds all of the following: |
(1) The Illinois Constitution recognizes that a |
"fundamental goal of the People of the State is the |
educational development of all persons to the limits of |
their capacities". |
(2) Quality educational facilities are essential for |
fostering the maximum educational development of all |
persons through their educational experience from |
pre-kindergarten through high school. |
(3) The public school is a major institution in our |
communities. Public schools offer resources and |
opportunities for the children of this State who seek and |
deserve quality education, but also benefit the entire |
community that seeks improvement through access to |
education. |
(4) The equitable and efficient use of available |
facilities-related resources among different schools and |
among racial, ethnic, income, and disability groups is |
essential to maximize the development of quality public |
educational facilities for all children, youth, and |
adults. The factors that impact the equitable and |
efficient use of facility-related resources vary according |
to the needs of each school community. Therefore, |
decisions that impact school facilities should include the |
input of the school community to the greatest extent |
|
possible. |
(5) School openings, school closings, school |
consolidations, school turnarounds, school phase-outs, |
school construction, school repairs, school |
modernizations, school boundary changes, and other related |
school facility decisions often have a profound impact on |
education in a community. In order to minimize the |
negative impact of school facility decisions on the |
community, these decisions should be implemented according |
to a clear system-wide criteria and with the significant |
involvement of local school councils, parents, educators, |
and the community in decision-making. |
(6) The General Assembly has previously stated that it |
intended to make the individual school in the City of |
Chicago the essential unit for educational governance and |
improvement and to place the primary responsibility for |
school governance and improvement in the hands of parents, |
teachers, and community residents at each school. A school |
facility policy must be consistent with these principles. |
(b) In order to ensure that school facility-related |
decisions are made with the input of the community and reflect |
educationally sound and fiscally responsible criteria, a |
Chicago Educational Facilities Task Force shall be established |
within 15 days after the effective date of this amendatory Act |
of the 96th General Assembly. |
(c) The Chicago Educational Facilities Task Force shall |
|
consist of all of the following members: |
(1) Two members of the House of Representatives |
appointed by the Speaker of the House, at least one of whom |
shall be a member of the Elementary & Secondary Education |
Committee. |
(2) Two members of the House of Representatives |
appointed by the Minority Leader of the House, at least |
one of whom shall be a member of the Elementary & Secondary |
Education Committee. |
(3) Two members of the Senate appointed by the |
President of the Senate, at least one of whom shall be a |
member of the Education Committee. |
(4) Two members of the Senate appointed by the |
Minority Leader of the Senate, at least one of whom shall |
be a member of the
Education Committee. |
(5) Two representatives of school community |
organizations with past involvement in school facility |
issues appointed by the Speaker of the House. |
(6) Two representatives of school community |
organizations with past involvement in school facility |
issues appointed by the President of the Senate. |
(7) The chief executive officer of the school district |
or his or her designee. |
(8) The president of the union representing teachers |
in the schools of the district or his or her designee. |
(9) The president of the association representing |
|
principals in the schools of the district or his or her |
designee. |
(d) The Speaker of the House shall appoint one of the |
appointed House members as a co-chairperson of the Chicago |
Educational Facilities Task Force. The President of the Senate |
shall appoint one of the appointed Senate members as a |
co-chairperson of the Chicago Educational Facilities Task |
Force. Members appointed by the legislative leaders shall be |
appointed for the duration of the Chicago Educational |
Facilities Task Force; in the event of a vacancy, the |
appointment to fill the vacancy shall be made by the |
legislative leader of the same chamber and party as the leader |
who made the original appointment. |
(e) The Chicago Educational Facilities Task Force shall |
call on independent experts, as needed, to gather and analyze |
pertinent information on a pro bono basis, provided that these |
experts have no previous or on-going financial interest in |
school facility issues related to the school district. The |
Chicago Educational Facilities Task Force shall secure pro |
bono expert assistance within 15 days after the establishment |
of the Chicago Educational Facilities Task Force. |
(f) The Chicago Educational Facilities Task Force shall be |
empowered to gather further evidence in the form of testimony |
or documents or other materials. |
(g) The Chicago Educational Facilities Task Force, with |
the help of the independent experts, shall analyze past |
|
Chicago experiences and data with respect to school openings, |
school closings, school consolidations, school turnarounds, |
school phase-outs, school construction, school repairs, school |
modernizations, school boundary changes, and other related |
school facility decisions on students. The Chicago Educational |
Facilities Task Force shall consult widely with stakeholders, |
including public officials, about these facility issues and |
their related costs and shall examine relevant best practices |
from other school systems for dealing with these issues |
systematically and equitably. These initial investigations |
shall include opportunities for input from local stakeholders |
through hearings, focus groups, and interviews. |
(h) The Chicago Educational Facilities Task Force shall |
prepare recommendations describing how the issues set forth in |
subsection (g) of this Section can be addressed effectively |
based upon educationally sound and fiscally responsible |
practices. |
(i) The Chicago Educational Facilities Task Force shall |
hold hearings in separate areas of the school district at |
times that shall maximize school community participation to |
obtain comments on draft recommendations. The final hearing |
shall take place no later than 15 days prior to the completion |
of the final recommendations. |
(j) The Chicago Educational Facilities Task Force shall |
prepare final proposed policy and legislative recommendations |
for the General Assembly, the Governor, and the school |
|
district. The recommendations may address issues, standards, |
and procedures set forth in this Section. The final |
recommendations shall be made available to the public through |
posting on the school district's Internet website and other |
forms of publication and distribution in the school district |
at least 7 days before the recommendations are submitted to |
the General Assembly, the Governor, and the school district. |
(k) The recommendations may address issues of system-wide |
criteria for ensuring clear priorities, equity, and |
efficiency. |
Without limitation, the final recommendations may propose |
significant decision-making roles for key stakeholders, |
including the individual school and community; recommend clear |
criteria or processes for establishing criteria for making |
school facility decisions; and include clear criteria for |
setting priorities with respect to school openings, school |
closings, school consolidations, school turnarounds, school |
phase-outs, school construction, school repairs, school |
modernizations, school boundary changes, and other related |
school facility decisions, including the encouragement of |
multiple community uses for school space. |
Without limitation, the recommendations may propose |
criteria for student mobility; the transferring of students to |
lower performing schools; teacher mobility; insufficient |
notice to and the lack of inclusion in decision-making of |
local school councils, parents, and community members about |
|
school facility decisions; and costly facilities-related |
expenditures due to poor educational and facilities planning. |
(l) The State Board of Education and the school district |
shall provide administrative support to the Chicago |
Educational Facilities Task Force.
|
(m) After recommendations have been issued, the Chicago |
Educational Facilities Task Force shall meet at least once |
annually, upon the call of the chairs, for the purpose of |
reviewing Chicago public schools' compliance with the |
provisions of Sections 34-200 through 34-235 of this Code |
concerning school action and facility master planning. The |
Task Force shall prepare a report to the General Assembly, the |
Governor's Office, the Mayor of the City of Chicago, and the |
Chicago Board of Education indicating how the district has met |
the requirements of the provisions of Sections 34-200 through |
34-235 of this Code concerning school action and facility |
master planning. |
(Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11; |
97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
|
(105 ILCS 5/2-3.11 rep.) |
Section 15. The School Code is amended by repealing |
Section 2-3.11. |
Section 99. Effective date. This Act takes effect upon |
becoming law.
|