Public Act 096-1423
 
SB3681 EnrolledLRB096 18677 NHT 34061 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
1A-8, 2-3.11d, 2-3.13a, 2-3.25g, 2-3.103, 14C-1, 21-7.1,
24A-4, 24A-5, 24A-7, and 26-2a as follows:
 
    (105 ILCS 5/1A-8)  (from Ch. 122, par. 1A-8)
    Sec. 1A-8. Powers of the Board in Assisting Districts
Deemed in Financial Difficulties. To promote the financial
integrity of school districts, the State Board of Education
shall be provided the necessary powers to promote sound
financial management and continue operation of the public
schools.
    The State Superintendent of Education may require a school
district, including any district subject to Article 34A of this
Code, to share financial information relevant to a proper
investigation of the district's financial condition and the
delivery of appropriate State financial, technical, and
consulting services to the district if the district (i) has
been designated, through the State Board of Education's School
District Financial Profile System, as on financial warning or
financial watch status, (ii) has failed to file an annual
financial report, annual budget, deficit reduction plan, or
other financial information as required by law, or (iii) has
been identified, through the district's annual audit or other
financial and management information, as in serious financial
difficulty in the current or next school year, or (iv) is
determined to be likely to fail to fully meet any regularly
scheduled, payroll-period obligations when due or any debt
service payments when due or both. In addition to financial,
technical, and consulting services provided by the State Board
of Education, at the request of a school district, the State
Superintendent may provide for an independent financial
consultant to assist the district review its financial
condition and options.
    The State Board of Education, after proper investigation of
a district's financial condition, may certify that a district,
including any district subject to Article 34A, is in financial
difficulty when any of the following conditions occur:
        (1) The district has issued school or teacher orders
    for wages as permitted in Sections 8-16, 32-7.2 and 34-76
    of this Code. ;
        (2) The district has issued tax anticipation warrants
    or tax anticipation notes in anticipation of a second
    year's taxes when warrants or notes in anticipation of
    current year taxes are still outstanding, as authorized by
    Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has
    issued short-term debt against 2 future revenue sources,
    such as, but not limited to, tax anticipation warrants and
    general State Aid certificates or tax anticipation
    warrants and revenue anticipation notes. ;
        (3) The district has for 2 consecutive years shown an
    excess of expenditures and other financing uses over
    revenues and other financing sources and beginning fund
    balances on its annual financial report for the aggregate
    totals of the Educational, Operations and Maintenance,
    Transportation, and Working Cash Funds. ;
        (4) The district refuses to provide financial
    information or cooperate with the State Superintendent in
    an investigation of the district's financial condition.
        (5) The district is likely to fail to fully meet any
    regularly scheduled, payroll-period obligations when due
    or any debt service payments when due or both.
    No school district shall be certified by the State Board of
Education to be in financial difficulty solely by reason of any
of the above circumstances arising as a result of (i) the
failure of the county to make any distribution of property tax
money due the district at the time such distribution is due or
(ii) the failure of this State to make timely payments of
general State aid or any of the mandated categoricals; or if
the district clearly demonstrates to the satisfaction of the
State Board of Education at the time of its determination that
such condition no longer exists. If the State Board of
Education certifies that a district in a city with 500,000
inhabitants or more is in financial difficulty, the State Board
shall so notify the Governor and the Mayor of the city in which
the district is located. The State Board of Education may
require school districts certified in financial difficulty,
except those districts subject to Article 34A, to develop,
adopt and submit a financial plan within 45 days after
certification of financial difficulty. The financial plan
shall be developed according to guidelines presented to the
district by the State Board of Education within 14 days of
certification. Such guidelines shall address the specific
nature of each district's financial difficulties. Any proposed
budget of the district shall be consistent with the financial
plan submitted to and approved by the State Board of Education.
    A district certified to be in financial difficulty, other
than a district subject to Article 34A, shall report to the
State Board of Education at such times and in such manner as
the State Board may direct, concerning the district's
compliance with each financial plan. The State Board may review
the district's operations, obtain budgetary data and financial
statements, require the district to produce reports, and have
access to any other information in the possession of the
district that it deems relevant. The State Board may issue
recommendations or directives within its powers to the district
to assist in compliance with the financial plan. The district
shall produce such budgetary data, financial statements,
reports and other information and comply with such directives.
If the State Board of Education determines that a district has
failed to comply with its financial plan, the State Board of
Education may rescind approval of the plan and appoint a
Financial Oversight Panel for the district as provided in
Section 1B-4. This action shall be taken only after the
district has been given notice and an opportunity to appear
before the State Board of Education to discuss its failure to
comply with its financial plan.
    No bonds, notes, teachers orders, tax anticipation
warrants or other evidences of indebtedness shall be issued or
sold by a school district or be legally binding upon or
enforceable against a local board of education of a district
certified to be in financial difficulty unless and until the
financial plan required under this Section has been approved by
the State Board of Education.
    Any financial profile compiled and distributed by the State
Board of Education in Fiscal Year 2009 or any fiscal year
thereafter shall incorporate such adjustments as may be needed
in the profile scores to reflect the financial effects of the
inability or refusal of the State of Illinois to make timely
disbursements of any general State aid or mandated categorical
aid payments due school districts or to fully reimburse school
districts for mandated categorical programs pursuant to
reimbursement formulas provided in this School Code.
(Source: P.A. 96-668, eff. 8-25-09.)
 
    (105 ILCS 5/2-3.11d)
    Sec. 2-3.11d. Data on tests required for teacher
preparation and certification. Beginning with the effective
date of this amendatory Act of the 94th General Assembly, to
collect and maintain all of the following data for each
institution of higher education engaged in teacher preparation
in this State:
        (1) The number of individuals taking the test of basic
    skills under Section 21-1a of this Code.
        (2) The number of individuals passing the test of basic
    skills under Section 21-1a of this Code.
        (3) The total number of subject-matter tests attempted
    under Section 21-1a of this Code.
        (4) The total number of subject-matter tests passed
    under Section 21-1a of this Code.
The data regarding subject-matter tests shall be reported in
sum, rather than by separately listing each subject, in order
to better protect the identity of the test-takers.
    On or before August 1, 2007, the State Board of Education
shall file with the General Assembly and the Governor and shall
make available to the public a report listing the institutions
of higher education engaged in teacher preparation in this
State, along with the data listed in items (1) and (2) of this
Section pertinent to each institution.
    On or before October 1, 2012 August 1, 2009 and every 3
years thereafter, the State Board of Education shall file with
the General Assembly and the Governor and shall make available
to the public a report listing the institutions of higher
education engaged in teacher preparation in this State, along
with the data listed in items (1) through (4) of this Section
pertinent to each institution.
(Source: P.A. 94-935, eff. 6-26-06.)
 
    (105 ILCS 5/2-3.13a)  (from Ch. 122, par. 2-3.13a)
    Sec. 2-3.13a. School records; transferring students.
    (a) The State Board of Education shall establish and
implement rules requiring all of the public schools and all
private or nonpublic elementary and secondary schools located
in this State, whenever any such school has a student who is
transferring to any other public elementary or secondary school
located in this or in any other state, to forward within 10
days of notice of the student's transfer an unofficial record
of that student's grades to the school to which such student is
transferring. Each public school at the same time also shall
forward to the school to which the student is transferring the
remainder of the student's school student records as required
by the Illinois School Student Records Act. In addition, if a
student is transferring from a public school, whether located
in this or any other state, from which the student has been
suspended or expelled for knowingly possessing in a school
building or on school grounds a weapon as defined in the Gun
Free Schools Act (20 U.S.C. 8921 et seq.), for knowingly
possessing, selling, or delivering in a school building or on
school grounds a controlled substance or cannabis, or for
battering a staff member of the school, and if the period of
suspension or expulsion has not expired at the time the student
attempts to transfer into another public school in the same or
any other school district: (i) any school student records
required to be transferred shall include the date and duration
of the period of suspension or expulsion; and (ii) with the
exception of transfers into the Department of Juvenile Justice
school district, the student shall not be permitted to attend
class in the public school into which he or she is transferring
until the student has served the entire period of the
suspension or expulsion imposed by the school from which the
student is transferring, provided that the school board may
approve the placement of the student in an alternative school
program established under Article 13A of this Code. 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 before being
admitted into the school district. This policy may allow
placement of the student in an alternative school program
established under Article 13A of this Code, if available, for
the remainder of the suspension or expulsion. Each public
school and each private or nonpublic elementary or secondary
school in this State shall within 10 days after the student has
paid all of his or her outstanding fines and fees and at its
own expense forward an official transcript of the scholastic
records of each student transferring from that school in strict
accordance with the provisions of this Section and the rules
established by the State Board of Education as herein provided.
    (b) The State Board of Education shall develop a one-page
standard form that Illinois school districts are required to
provide to any student who is moving out of the school district
and that contains the information about whether or not the
student is "in good standing" and whether or not his or her
medical records are up-to-date and complete. As used in this
Section, "in good standing" means that the student is not being
disciplined by a suspension or expulsion, but is entitled to
attend classes. No school district is required to admit a new
student who is transferring from another Illinois school
district unless he or she can produce the standard form from
the student's previous school district enrollment. No school
district is required to admit a new student who is transferring
from an out-of-state public school unless the parent or
guardian of the student certifies in writing that the student
is not currently serving a suspension or expulsion imposed by
the school from which the student is transferring.
    (c) The State Board of Education shall, by rule, establish
a system to provide for the accurate tracking of transfer
students. This system shall, at a minimum, require that a
student be counted as a dropout in the calculation of a
school's or school district's annual student dropout rate
unless the school or school district to which the student
transferred (known hereafter in this subsection (c) as the
transferee school or school district) sends notification to the
school or school district from which the student transferred
(known hereafter in this subsection (c) as the transferor
school or school district) documenting that the student has
enrolled in the transferee school or school district. This
notification must occur on or before July 31 following the
school year during which the student within 150 days after the
date the student withdraws from the transferor school or school
district or the student shall be counted in the calculation of
the transferor school's or school district's annual student
dropout rate. A request by the transferee school or school
district to the transferor school or school district seeking
the student's academic transcripts or medical records shall be
considered without limitation adequate documentation of
enrollment. Each transferor school or school district shall
keep documentation of such transfer students for the minimum
period provided in the Illinois School Student Records Act. All
records indicating the school or school district to which a
student transferred are subject to the Illinois School Student
Records Act.
(Source: P.A. 93-859, eff. 1-1-05; 94-696, eff. 6-1-06.)
 
    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
    (a) In this Section:
        "Board" means a school board or the governing board or
    administrative district, as the case may be, for a joint
    agreement.
        "Eligible applicant" means a school district, joint
    agreement made up of school districts, or regional
    superintendent of schools on behalf of schools and programs
    operated by the regional office of education.
        "Implementation date" has the meaning set forth in
    Section 24A-2.5 of this Code.
        "State Board" means the State Board of Education.
    (b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code may
be requested when the waivers are necessary to stimulate
innovation or improve student performance. Waivers may not be
requested from laws, rules, and regulations pertaining to
special education, teacher certification, teacher tenure and
seniority, or Section 5-2.1 of this Code or from compliance
with the No Child Left Behind Act of 2001 (Public Law 107-110).
On and after the applicable implementation date, eligible
applicants may not seek a waiver or seek a modification of a
mandate regarding the requirements for (i) student performance
data to be a significant factor in teacher or principal
evaluations or (ii) for teachers and principals to be rated
using the 4 categories of "excellent", "proficient", "needs
improvement", or "unsatisfactory". On the applicable
implementation date, any previously authorized waiver or
modification from such requirements shall terminate.
    (c) Eligible applicants, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f may submit an application for a waiver or
modification authorized under this Section. Each application
must include a written request by the eligible applicant or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective, efficient, or
economical manner or be based upon a specific plan for improved
student performance and school improvement. Any eligible
applicant requesting a waiver or modification for the reason
that intent of the mandate can be addressed in a more
economical manner shall include in the application a fiscal
analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from staff directly
involved in its implementation, parents, and students. The time
period for such testimony shall be separate from the time
period established by the eligible applicant for public comment
on other matters. If the applicant is a school district or
joint agreement requesting a waiver or modification of Section
27-6 of this Code, the public hearing shall be held on a day
other than the day on which a regular meeting of the board is
held. If the applicant is a school district, the public hearing
must be preceded by at least one published notice occurring at
least 7 days prior to the hearing in a newspaper of general
circulation within the school district that sets forth the
time, date, place, and general subject matter of the hearing.
If the applicant is a joint agreement or regional
superintendent, the public hearing must be preceded by at least
one published notice (setting forth the time, date, place, and
general subject matter of the hearing) occurring at least 7
days prior to the hearing in a newspaper of general circulation
in each school district that is a member of the joint agreement
or that is served by the educational service region, provided
that a notice appearing in a newspaper generally circulated in
more than one school district shall be deemed to fulfill this
requirement with respect to all of the affected districts. The
eligible applicant must notify in writing the affected
exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory of
its intent to seek approval of a waiver or modification and of
the hearing to be held to take testimony from staff. The
affected exclusive collective bargaining agents shall be
notified of such public hearing at least 7 days prior to the
date of the hearing and shall be allowed to attend such public
hearing. The eligible applicant shall attest to compliance with
all of the notification and procedural requirements set forth
in this Section.
    (d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools. The
application as submitted to the State Board of Education shall
include a description of the public hearing. Following receipt
of the request, the State Board shall have 45 days to review
the application and request. If the State Board fails to
disapprove the application within that 45 day period, the
waiver or modification shall be deemed granted. The State Board
may disapprove any request if it is not based upon sound
educational practices, endangers the health or safety of
students or staff, compromises equal opportunities for
learning, or fails to demonstrate that the intent of the rule
or mandate can be addressed in a more effective, efficient, or
economical manner or have improved student performance as a
primary goal. Any request disapproved by the State Board may be
appealed to the General Assembly by the eligible applicant as
outlined in this Section.
    A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the number
of people who spoke as proponents or opponents of the waiver, a
brief description of their comments, and whether there were any
written statements submitted. The State Board shall review the
applications and requests for completeness and shall compile
the requests in reports to be filed with the General Assembly.
The State Board shall file reports outlining the waivers
requested by eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each March 1 and
October 1. The General Assembly may disapprove the report of
the State Board in whole or in part within 60 calendar days
after each house of the General Assembly next convenes after
the report is filed by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60 day period, the waiver or
modification shall be deemed granted. Any resolution adopted by
the General Assembly disapproving a report of the State Board
in whole or in part shall be binding on the State Board.
    (e) An approved waiver or modification (except a waiver
from or modification to a physical education mandate) may
remain in effect for a period not to exceed 5 school years and
may be renewed upon application by the eligible applicant.
However, such waiver or modification may be changed within that
5-year period by a board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
    An approved waiver from or modification to a physical
education mandate may remain in effect for a period not to
exceed 2 school years and may be renewed no more than 2 times
upon application by the eligible applicant. An approved waiver
from or modification to a physical education mandate may be
changed within the 2-year period by the board or regional
superintendent of schools, whichever is applicable, following
the procedure set forth in this Section for the initial waiver
or modification request. If neither the State Board of
Education nor the General Assembly disapproves, the change is
deemed granted.
    (f) (Blank). On or before February 1, 1998, and each year
thereafter, the State Board of Education shall submit a
cumulative report summarizing all types of waivers of mandates
and modifications of mandates granted by the State Board or the
General Assembly. The report shall identify the topic of the
waiver along with the number and percentage of eligible
applicants for which the waiver has been granted. The report
shall also include any recommendations from the State Board
regarding the repeal or modification of waived mandates.
(Source: P.A. 95-223, eff. 1-1-08; 96-861, eff. 1-15-10.)
 
    (105 ILCS 5/2-3.103)  (from Ch. 122, par. 2-3.103)
    Sec. 2-3.103. Salary and benefit survey. For each school
year commencing on or after January 1, 1992, the State Board of
Education shall conduct, in each school district, a school
district salary and benefits survey covering the district's
certificated and educational support personnel. However, the
collection of information covering educational support
personnel must be limited to districts with 1,000 or more
students enrolled.
    A survey form shall be developed and furnished by the State
Board of Education to each school district on or before October
1 within 30 days after the commencement of the school year
covered by the survey, and each school district shall submit a
completed complete and return the survey form to the State
Board of Education on or before February 1 of the school year
covered by the survey within the succeeding 30 day period.
    The State Board of Education shall compile, by April 30 of
the school year covered by the survey, a statewide salary and
benefit survey report based upon the surveys survey forms
completed and submitted returned for that school year by the
individual school districts as required by this Section, and
shall make the survey report available to all school districts
and to all "employee organizations" as defined in Section 2 of
the Illinois Educational Labor Relations Act.
    The data required to be reported by each school district on
the salary and benefits survey form developed and furnished
under this Section for the school year covered by the survey
shall include, but shall not be limited to, the following:
        (1) the district's estimated fall enrollment;
        (2) with respect to both its certificated and
    educational support personnel employees:
            (A) whether the district has a salary schedule,
        salary policy but no salary schedule, or no salary
        policy and no salary schedule;
            (B) when each such salary schedule or policy of the
        district was or will be adopted;
            (C) whether there is a negotiated agreement
        between the school board and any teacher, educational
        support personnel or other employee organization and,
        if so, the affiliation of the local of such
        organization, together with the month and year of
        expiration of the negotiated agreement and whether it
        contains a fair share provision; and if there is no
        such negotiated agreement but the district does have a
        salary schedule or policy, a brief explanation of the
        manner in which each such salary schedule or policy was
        developed prior to its adoption by the school board,
        including a statement of whether any meetings between
        the school board and the superintendent leading up to
        adoption of the salary schedule or policy were based
        upon, or were conducted without any discussions
        between the superintendent and the affected teachers,
        educational support personnel or other employees;
            (D) whether the district's salary program,
        policies or provisions are based upon merit or
        performance evaluation of individual teachers,
        educational support personnel or other employees, and
        whether they include: severance pay provisions; early
        retirement incentives; sick leave bank provisions;
        sick leave accumulation provisions and, if so, to how
        many days; personal, business or emergency leave with
        pay and, if so, the number of days; or direct
        reimbursement in whole or in part for expenses, such as
        tuition and materials, incurred in acquiring
        additional college credit;
            (E) whether school board paid or tax sheltered
        retirement contributions are included in any existing
        salary schedule or policy of the school district; what
        percent (if any) of the salary of each different
        certified and educational support personnel employee
        classification (using the employee salary which
        reflects the highest regularly scheduled step in that
        classification on the salary schedule or policy of the
        district) is school board paid to an employee
        retirement system; the highest scheduled salary and
        the level of education or training required to reach
        the highest scheduled salary in each certified and
        educational support personnel employee classification;
        using annual salaries from the school board's salary
        schedule or policy for each certified and educational
        support personnel employee classification (and
        excluding from such salaries items of individual
        compensation resulting from extra-curricular duties,
        employment beyond the regular school year and
        longevity service pay, but including additional
        compensation such as grants and cost of living bonuses
        that are received by all employees in a classification
        or by all employees in a classification who are at the
        maximum experience level), the beginning, maximum and
        specified intermediate salaries reported to an
        employee retirement system (including school board
        paid or tax sheltered retirement contributions, but
        excluding fringe benefits) for each educational or
        training category within each certified and
        educational support personnel employee classification;
        and the completed years of experience required to reach
        such maximum regularly scheduled and highest scheduled
        salaries;
            (F) whether the school district provides longevity
        pay beyond the last annual regular salary increase
        available under the district's salary schedule or
        policy; and if so, the maximum earnings with longevity
        for each educational or training category specified by
        the State Board of Education in its survey form (based
        on salary reported to an employee's retirement system,
        including school board paid and tax sheltered
        retirement contributions, but excluding fringe
        benefits, and with maximum longevity step numbers and
        completed years of experience computed as provided in
        the survey form);
            (G) for each dental, disability, hospitalization,
        life, prescription or vision insurance plan, cafeteria
        plan or other fringe benefit plan sponsored by the
        school board: (i) a statement of whether such plan is
        available to full time teachers or other certificated
        personnel covered by a district salary schedule or
        policy, whether such plan is available to full time
        educational support personnel covered by a district
        salary schedule or policy, and whether all full time
        employees to whom coverage under such plan is available
        are entitled to receive the same benefits under that
        plan; and (ii) the total annual cost of coverage under
        that plan for a covered full time employee who is at
        the highest regularly scheduled step on the salary
        schedule or policy of the district applicable to such
        employee, the percent of that total annual cost paid by
        the school board, the total annual cost of coverage
        under that plan for the family of that employee, and
        the percent of that total annual cost for family
        coverage paid by the school board.
    In addition, each school district shall provide attach to
the completed survey form which it returns to the State Board
of Education, on or before February 1 of the school year
covered by the survey, as required by this Section, a copy of
each salary schedule, salary policy and negotiated agreement
which is identified or otherwise referred to in the completed
survey form.
(Source: P.A. 87-547; 87-895.)
 
    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
    Sec. 14C-1. The General Assembly finds that there are large
numbers of children in this State who come from environments
where the primary language is other than English. Experience
has shown that public school classes in which instruction is
given only in English are often inadequate for the education of
children whose native tongue is another language. The General
Assembly believes that a program of transitional bilingual
education can meet the needs of these children and facilitate
their integration into the regular public school curriculum.
Therefore, pursuant to the policy of this State to insure equal
educational opportunity to every child, and in recognition of
the educational needs of children of limited English-speaking
ability, it is the purpose of this Act to provide for the
establishment of transitional bilingual education programs in
the public schools, and to provide supplemental financial
assistance to help local school districts meet the extra costs
of such programs, and to allow this State to directly or
indirectly provide technical assistance and professional
development to support transitional bilingual education
programs statewide.
(Source: P.A. 94-1105, eff. 6-1-07.)
 
    (105 ILCS 5/21-7.1)  (from Ch. 122, par. 21-7.1)
    Sec. 21-7.1. Administrative certificate.
    (a) After July 1, 1999, an administrative certificate valid
for 5 years of supervising and administering in the public
common schools (unless changed under subsection (a-5) of this
Section) may be issued to persons who have graduated from a
regionally accredited institution of higher learning with a
master's degree or its equivalent and who have been recommended
by a recognized institution of higher learning as having
completed a program of preparation for one or more of these
endorsements. Such programs of academic and professional
preparation required for endorsement shall be administered by
the institution in accordance with standards set forth by the
State Superintendent of Education in consultation with the
State Teacher Certification Board.
    (a-5) Beginning July 1, 2003, if an administrative
certificate holder holds a Standard Teaching Certificate, the
validity period of the administrative certificate shall be
changed, if necessary, so that the validity period of the
administrative certificate coincides with the validity period
of the Standard Teaching Certificate. Beginning July 1, 2003,
if an administrative certificate holder holds a Master Teaching
Certificate, the validity period of the administrative
certificate shall be changed so that the validity period of the
administrative certificate coincides with the validity period
of the Master Teaching Certificate.
    (b) No administrative certificate shall be issued for the
first time after June 30, 1987 and no endorsement provided for
by this Section shall be made or affixed to an administrative
certificate for the first time after June 30, 1987 unless the
person to whom such administrative certificate is to be issued
or to whose administrative certificate such endorsement is to
be affixed has been required to demonstrate as a part of a
program of academic or professional preparation for such
certification or endorsement: (i) an understanding of the
knowledge called for in establishing productive parent-school
relationships and of the procedures fostering the involvement
which such relationships demand; and (ii) an understanding of
the knowledge required for establishing a high quality school
climate and promoting good classroom organization and
management, including rules of conduct and instructional
procedures appropriate to accomplishing the tasks of
schooling; and (iii) a demonstration of the knowledge and
skills called for in providing instructional leadership. The
standards for demonstrating an understanding of such knowledge
shall be set forth by the State Board of Education in
consultation with the State Teacher Certification Board, and
shall be administered by the recognized institutions of higher
learning as part of the programs of academic and professional
preparation required for certification and endorsement under
this Section. As used in this subsection: "establishing
productive parent-school relationships" means the ability to
maintain effective communication between parents and school
personnel, to encourage parental involvement in schooling, and
to motivate school personnel to engage parents in encouraging
student achievement, including the development of programs and
policies which serve to accomplish this purpose; and
"establishing a high quality school climate" means the ability
to promote academic achievement, to maintain discipline, to
recognize substance abuse problems among students and utilize
appropriate law enforcement and other community resources to
address these problems, to support teachers and students in
their education endeavors, to establish learning objectives
and to provide instructional leadership, including the
development of policies and programs which serve to accomplish
this purpose; and "providing instructional leadership" means
the ability to effectively evaluate school personnel, to
possess general communication and interpersonal skills, and to
establish and maintain appropriate classroom learning
environments. The provisions of this subsection shall not apply
to or affect the initial issuance or making on or before June
30, 1987 of any administrative certificate or endorsement
provided for under this Section, nor shall such provisions
apply to or affect the renewal after June 30, 1987 of any such
certificate or endorsement initially issued or made on or
before June 30, 1987.
    (c) Administrative certificates shall be renewed every 5
years with the first renewal being 5 years following the
initial receipt of an administrative certificate, unless the
validity period for the administrative certificate has been
changed under subsection (a-5) of this Section, in which case
the certificate shall be renewed at the same time that the
Standard or Master Teaching Certificate is renewed.
    (c-5) Before July 1, 2003, renewal requirements for
administrators whose positions require certification shall be
based upon evidence of continuing professional education which
promotes the following goals: (1) improving administrators'
knowledge of instructional practices and administrative
procedures; (2) maintaining the basic level of competence
required for initial certification; and (3) improving the
mastery of skills and knowledge regarding the improvement of
teaching performance in clinical settings and assessment of the
levels of student performance in their schools. Evidence of
continuing professional education must include verification of
biennial attendance in a program developed by the Illinois
Administrators' Academy and verification of annual
participation in a school district approved activity which
contributes to continuing professional education.
    (c-10) Beginning July 1, 2003, except as otherwise provided
in subsection (c-15) of this Section, persons holding
administrative certificates must follow the certificate
renewal procedure set forth in this subsection (c-10), provided
that those persons holding administrative certificates on June
30, 2003 who are renewing those certificates on or after July
1, 2003 shall be issued new administrative certificates valid
for 5 years (unless changed under subsection (a-5) of this
Section), which may be renewed thereafter as set forth in this
subsection (c-10).
    A person holding an administrative certificate and
employed in a position requiring administrative certification,
including a regional superintendent of schools, must satisfy
the continuing professional development requirements of this
Section to renew his or her administrative certificate. The
continuing professional development must include without
limitation the following continuing professional development
purposes:
        (1) To improve the administrator's knowledge of
    instructional practices and administrative procedures in
    accordance with the Illinois Professional School Leader
    Standards.
        (2) To maintain the basic level of competence required
    for initial certification.
        (3) To improve the administrator's mastery of skills
    and knowledge regarding the improvement of teaching
    performance in clinical settings and assessment of the
    levels of student performance in the schools.
    The continuing professional development must include the
following in order for the certificate to be renewed:
        (A) Participation in continuing professional
    development activities, which must total a minimum of 100
    hours of continuing professional development. The
    participation must consist of a minimum of 5 activities per
    validity period of the certificate, and the certificate
    holder must maintain documentation of completion of each
    activity.
        (B) Participation every year in an Illinois
    Administrators' Academy course, which participation must
    total a minimum of 30 continuing professional development
    hours during the period of the certificate's validity and
    which must include completion of applicable required
    coursework, including completion of a communication,
    dissemination, or application component, as defined by the
    State Board of Education.
    The certificate holder must complete a verification form
developed by the State Board of Education and certify that 100
hours of continuing professional development activities and 5
Administrators' Academy courses have been completed. The
regional superintendent of schools shall review and validate
the verification form for a certificate holder. Based on
compliance with all of the requirements for renewal, the
regional superintendent of schools shall forward a
recommendation for renewal or non-renewal to the State
Superintendent of Education and shall notify the certificate
holder of the recommendation. The State Superintendent of
Education shall review the recommendation to renew or non-renew
and shall notify, in writing, the certificate holder of a
decision denying renewal of his or her certificate. Any
decision regarding non-renewal of an administrative
certificate may be appealed to the State Teacher Certification
Board.
    The State Board of Education, in consultation with the
State Teacher Certification Board, shall adopt rules to
implement this subsection (c-10).
    The regional superintendent of schools shall monitor the
process for renewal of administrative certificates established
in this subsection (c-10).
    (c-15) This subsection (c-15) applies to the first period
of an administrative certificate's validity during which the
holder becomes subject to the requirements of subsection (c-10)
of this Section if the certificate has less than 5 years'
validity or has less than 5 years' validity remaining when the
certificate holder becomes subject to the requirements of
subsection (c-10) of this Section. With respect to this period,
the 100 hours of continuing professional development and 5
activities per validity period specified in clause (A) of
subsection (c-10) of this Section shall instead be deemed to
mean 20 hours of continuing professional development and one
activity per year of the certificate's validity or remaining
validity and the 30 continuing professional development hours
specified in clause (B) of subsection (c-10) of this Section
shall instead be deemed to mean completion of at least one
course per year of the certificate's validity or remaining
validity. Certificate holders who evaluate certified staff
must complete a 2-day teacher evaluation course, in addition to
the 30 continuing professional development hours.
    (c-20) The State Board of Education, in consultation with
the State Teacher Certification Board, shall develop
procedures for implementing this Section and shall administer
the renewal of administrative certificates. Failure to submit
satisfactory evidence of continuing professional education
which contributes to promoting the goals of this Section shall
result in a loss of administrative certification.
    (d) Any limited or life supervisory certificate issued
prior to July 1, 1968 shall continue to be valid for all
administrative and supervisory positions in the public schools
for which it is valid as of that date as long as its holder
meets the requirements for registration or renewal as set forth
in the statutes or until revoked according to law.
    (e) The administrative or supervisory positions for which
the certificate shall be valid shall be determined by one or
more of 3 endorsements: general supervisory, general
administrative and superintendent.
    Subject to the provisions of Section 21-1a, endorsements
shall be made under conditions set forth in this Section. The
State Board of Education shall, in consultation with the State
Teacher Certification Board, adopt rules pursuant to the
Illinois Administrative Procedure Act, establishing
requirements for obtaining administrative certificates where
the minimum administrative or supervisory requirements surpass
those set forth in this Section.
    The State Teacher Certification Board shall file with the
State Board of Education a written recommendation when
considering additional administrative or supervisory
requirements. All additional requirements shall be based upon
the requisite knowledge necessary to perform those tasks
required by the certificate. The State Board of Education shall
in consultation with the State Teacher Certification Board,
establish standards within its rules which shall include the
academic and professional requirements necessary for
certification. These standards shall at a minimum contain, but
not be limited to, those used by the State Board of Education
in determining whether additional knowledge will be required.
Additionally, the State Board of Education shall in
consultation with the State Teacher Certification Board,
establish provisions within its rules whereby any member of the
educational community or the public may file a formal written
recommendation or inquiry regarding requirements.
        (1) Until July 1, 2003, the general supervisory
    endorsement shall be affixed to the administrative
    certificate of any holder who has at least 16 semester
    hours of graduate credit in professional education
    including 8 semester hours of graduate credit in curriculum
    and research and who has at least 2 years of full-time
    teaching experience or school service personnel experience
    in public schools, schools under the supervision of the
    Department of Corrections, schools under the
    administration of the Department of Rehabilitation
    Services, or nonpublic schools meeting the standards
    established by the State Superintendent of Education or
    comparable out-of-state recognition standards approved by
    the State Superintendent of Education.
        Such endorsement shall be required for supervisors,
    curriculum directors and for such similar and related
    positions as determined by the State Superintendent of
    Education in consultation with the State Teacher
    Certification Board.
        (2) The general administrative endorsement shall be
    affixed to the administrative certificate of any holder who
    has at least 20 semester hours of graduate credit in
    educational administration and supervision and who has at
    least 2 years of full-time teaching experience or school
    service personnel experience in public schools, schools
    under the supervision of the Department of Corrections,
    schools under the administration of the Department of
    Rehabilitation Services, or nonpublic schools meeting the
    standards established by the State Superintendent of
    Education or comparable out-of-state recognition standards
    approved by the State Superintendent of Education.
        Such endorsement shall be required for principal,
    assistant principal, assistant or associate
    superintendent, junior college dean and for related or
    similar positions as determined by the State
    Superintendent of Education in consultation with the State
    Teacher Certification Board.
        Notwithstanding any other provisions of this Act,
    after January 1, 1990 and until January 1, 1991, any
    teacher employed by a district subject to Article 34 shall
    be entitled to receive an administrative certificate with a
    general administrative endorsement affixed thereto if he
    or she: (i) had at least 3 years of experience as a
    certified teacher for such district prior to August 1,
    1985; (ii) obtained a Master's degree prior to August 1,
    1985; (iii) completed at least 20 hours of graduate credit
    in education courses (including at least 12 hours in
    educational administration and supervision) prior to
    September 1, 1987; and (iv) has received a rating of
    superior for at least each of the last 5 years. Any person
    who obtains an administrative certificate with a general
    administrative endorsement affixed thereto under this
    paragraph shall not be qualified to serve in any
    administrative position except assistant principal.
        (3) The chief school business official endorsement
    shall be affixed to the administrative certificate of any
    holder who qualifies by having a Master's degree, 2 years
    of administrative experience in school business management
    or 2 years of university-approved practical experience,
    and a minimum of 20 semester hours of graduate credit in a
    program established by the State Superintendent of
    Education in consultation with the State Teacher
    Certification Board for the preparation of school business
    administrators. Such endorsement shall also be affixed to
    the administrative certificate of any holder who qualifies
    by having a Master's Degree in Business Administration,
    Finance or Accounting from a regionally accredited
    institution of higher education.
        After June 30, 1977, such endorsement shall be required
    for any individual first employed as a chief school
    business official.
        (4) The superintendent endorsement shall be affixed to
    the administrative certificate of any holder who has
    completed 30 semester hours of graduate credit beyond the
    master's degree in a program for the preparation of
    superintendents of schools including 16 semester hours of
    graduate credit in professional education and who has at
    least 2 years experience as an administrator or supervisor
    in the public schools or the State Board of Education or
    education service regions or in nonpublic schools meeting
    the standards established by the State Superintendent of
    Education or comparable out-of-state recognition standards
    approved by the State Superintendent of Education and holds
    general supervisory or general administrative endorsement,
    or who has had 2 years of experience as a supervisor or
    administrator while holding an all-grade supervisory
    certificate or a certificate comparable in validity and
    educational and experience requirements.
        After June 30, 1968, such endorsement shall be required
    for a superintendent of schools, except as provided in the
    second paragraph of this Section and in Section 34-6.
        Any person appointed to the position of superintendent
    between the effective date of this Act and June 30, 1993 in
    a school district organized pursuant to Article 32 with an
    enrollment of at least 20,000 pupils shall be exempt from
    the provisions of this paragraph (4) until June 30, 1996.
    (f) All official interpretations or acts of issuing or
denying administrative certificates or endorsements by the
State Teacher's Certification Board, State Board of Education
or the State Superintendent of Education, from the passage of
P.A. 81-1208 on November 8, 1979 through September 24, 1981 are
hereby declared valid and legal acts in all respects and
further that the purported repeal of the provisions of this
Section by P.A. 81-1208 and P.A. 81-1509 is declared null and
void.
(Source: P.A. 96-56, eff. 1-1-10.)
 
    (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
    Sec. 24A-4. Development of evaluation plan.
    (a) As used in this and the succeeding Sections, "teacher"
means any and all school district employees regularly required
to be certified under laws relating to the certification of
teachers. Each school district shall develop, in cooperation
with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan
for all teachers.
    (b) By no later than the applicable implementation date,
each school district shall, in good faith cooperation with its
teachers or, where applicable, the exclusive bargaining
representatives of its teachers, incorporate the use of data
and indicators on student growth as a significant factor in
rating teaching performance, into its evaluation plan for all
teachers, both those teachers in contractual continued service
and those teachers not in contractual continued service. The
plan shall at least meet the standards and requirements for
student growth and teacher evaluation established under
Section 24A-7, and specifically describe how student growth
data and indicators will be used as part of the evaluation
process, how this information will relate to evaluation
standards, the assessments or other indicators of student
performance that will be used in measuring student growth and
the weight that each will have, the methodology that will be
used to measure student growth, and the criteria other than
student growth that will be used in evaluating the teacher and
the weight that each will have.
    To incorporate the use of data and indicators of student
growth as a significant factor in rating teacher performance
into the evaluation plan, the district shall use a joint
committee composed of equal representation selected by the
district and its teachers or, where applicable, the exclusive
bargaining representative of its teachers. If, within 180
calendar days of the committee's first meeting, the committee
does not reach agreement on the plan, then the district shall
implement the model evaluation plan established under Section
24A-7 with respect to the use of data and indicators on student
growth as a significant factor in rating teacher performance.
    Nothing in this subsection (b) (a) shall make decisions on
the use of data and indicators on student growth as a
significant factor in rating teaching performance mandatory
subjects of bargaining under the Illinois Educational Labor
Relations Act that are not currently mandatory subjects of
bargaining under the Act.
    (c) Notwithstanding anything to the contrary in subsection
(b) of this Section, if the joint committee referred to in that
subsection does not reach agreement on the plan within 90
calendar days after the committee's first meeting, a school
district having 500,000 or more inhabitants shall not be
required to implement any aspect of the model evaluation plan
and may implement its last best proposal.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
    Sec. 24A-5. Content of evaluation plans. This Section does
not apply to teachers assigned to schools identified in an
agreement entered into between the board of a school district
operating under Article 34 of this Code and the exclusive
representative of the district's teachers in accordance with
Section 34-85c of this Code.
    Each school district to which this Article applies shall
establish a teacher evaluation plan which ensures that each
teacher in contractual continued service is evaluated at least
once in the course of every 2 school years.
    By no later than September 1, 2012, each school district
shall establish a teacher evaluation plan that ensures that:
        (1) each teacher not in contractual continued service
    is evaluated at least once every school year; and
        (2) each teacher in contractual continued service is
    evaluated at least once in the course of every 2 school
    years. However, any teacher in contractual continued
    service whose performance is rated as either "needs
    improvement" or "unsatisfactory" must be evaluated at
    least once in the school year following the receipt of such
    rating.
    Notwithstanding anything to the contrary in this Section or
any other Section of the School Code, a principal shall not be
prohibited from evaluating any teachers within a school during
his or her first year as principal of such school.
    The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.
    The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which that
teacher is expected to conform, and shall include at least the
following components:
        (a) personal observation of the teacher in the
    classroom by the evaluator, unless the teacher has no
    classroom duties.
        (b) consideration of the teacher's attendance,
    planning, instructional methods, classroom management,
    where relevant, and competency in the subject matter
    taught.
        (c) by no later than the applicable implementation
    date, consideration of student growth as a significant
    factor in the rating of the teacher's performance.
        (d) prior to September 1, 2012, rating of the
    performance of teachers in contractual continued service
    as either:
            (i) "excellent", "satisfactory" or
        "unsatisfactory"; or
            (ii) "excellent", "proficient", "needs
        improvement" or "unsatisfactory".
        (e) on and after September 1, 2012, rating of the
    performance of teachers in contractual continued service
    as "excellent", "proficient", "needs improvement" or
    "unsatisfactory".
        (f) specification as to the teacher's strengths and
    weaknesses, with supporting reasons for the comments made.
        (g) inclusion of a copy of the evaluation in the
    teacher's personnel file and provision of a copy to the
    teacher.
        (h) within 30 school days after the completion of an
    evaluation rating a teacher in contractual continued
    service as "needs improvement", development by the
    evaluator, in consultation with the teacher, and taking
    into account the teacher's on-going professional
    responsibilities including his or her regular teaching
    assignments, of a professional development plan directed
    to the areas that need improvement and any supports that
    the district will provide to address the areas identified
    as needing improvement.
        (i) within 30 school days after completion of an
    evaluation rating a teacher in contractual continued
    service as "unsatisfactory", development and commencement
    by the district of a remediation plan designed to correct
    deficiencies cited, provided the deficiencies are deemed
    remediable. In all school districts the remediation plan
    for unsatisfactory, tenured teachers shall provide for 90
    school days of remediation within the classroom, unless an
    applicable collective bargaining agreement provides for a
    shorter duration. In all school districts evaluations
    issued pursuant to this Section shall be issued within 10
    days after the conclusion of the respective remediation
    plan. However, the school board or other governing
    authority of the district shall not lose jurisdiction to
    discharge a teacher in the event the evaluation is not
    issued within 10 days after the conclusion of the
    respective remediation plan.
        (j) participation in the remediation plan by the
    teacher in contractual continued service rated
    "unsatisfactory", an evaluator and a consulting teacher
    selected by the evaluator of the teacher who was rated
    "unsatisfactory", which consulting teacher is an
    educational employee as defined in the Educational Labor
    Relations Act, has at least 5 years' teaching experience,
    and a reasonable familiarity with the assignment of the
    teacher being evaluated, and who received an "excellent"
    rating on his or her most recent evaluation. Where no
    teachers who meet these criteria are available within the
    district, the district shall request and the applicable
    regional office of education State Board of Education shall
    supply, to participate in the remediation process, an
    individual who meets these criteria.
        In a district having a population of less than 500,000
    with an exclusive bargaining agent, the bargaining agent
    may, if it so chooses, supply a roster of qualified
    teachers from whom the consulting teacher is to be
    selected. That roster shall, however, contain the names of
    at least 5 teachers, each of whom meets the criteria for
    consulting teacher with regard to the teacher being
    evaluated, or the names of all teachers so qualified if
    that number is less than 5. In the event of a dispute as to
    qualification, the State Board shall determine
    qualification.
        (k) a mid-point and final evaluation by an evaluator
    during and at the end of the remediation period,
    immediately following receipt of a remediation plan
    provided for under subsections (i) and (j) of this Section.
    Each evaluation shall assess the teacher's performance
    during the time period since the prior evaluation; provided
    that the last evaluation shall also include an overall
    evaluation of the teacher's performance during the
    remediation period. A written copy of the evaluations and
    ratings, in which any deficiencies in performance and
    recommendations for correction are identified, shall be
    provided to and discussed with the teacher within 10 school
    days after the date of the evaluation, unless an applicable
    collective bargaining agreement provides to the contrary.
    These subsequent evaluations shall be conducted by an
    evaluator. The consulting teacher shall provide advice to
    the teacher rated "unsatisfactory" on how to improve
    teaching skills and to successfully complete the
    remediation plan. The consulting teacher shall participate
    in developing the remediation plan, but the final decision
    as to the evaluation shall be done solely by the evaluator,
    unless an applicable collective bargaining agreement
    provides to the contrary. Evaluations at the conclusion of
    the remediation process shall be separate and distinct from
    the required annual evaluations of teachers and shall not
    be subject to the guidelines and procedures relating to
    those annual evaluations. The evaluator may but is not
    required to use the forms provided for the annual
    evaluation of teachers in the district's evaluation plan.
        (l) reinstatement to the evaluation schedule set forth
    in the district's evaluation plan for any teacher in
    contractual continued service who achieves a rating equal
    to or better than "satisfactory" or "proficient" in the
    school year following a rating of "needs improvement" or
    "unsatisfactory".
        (m) dismissal in accordance with Section 24-12 or 34-85
    of the School Code of any teacher who fails to complete any
    applicable remediation plan with a rating equal to or
    better than a "satisfactory" or "proficient" rating.
    Districts and teachers subject to dismissal hearings are
    precluded from compelling the testimony of consulting
    teachers at such hearings under Section 24-12 or 34-85,
    either as to the rating process or for opinions of
    performances by teachers under remediation.
    Nothing in this Section or Section 24A-4 shall be construed
as preventing immediate dismissal of a teacher for deficiencies
which are deemed irremediable or for actions which are
injurious to or endanger the health or person of students in
the classroom or school, or preventing the dismissal or
non-renewal of teachers not in contractual continued service
for any reason not prohibited by applicable employment, labor,
and civil rights laws. Failure to strictly comply with the time
requirements contained in Section 24A-5 shall not invalidate
the results of the remediation plan.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
    Sec. 24A-7. Rules. The State Board of Education is
authorized to adopt such rules as are deemed necessary to
implement and accomplish the purposes and provisions of this
Article, including, but not limited to, rules (i) relating to
the methods for measuring student growth (including, but not
limited to, limitations on the age of useable data; the amount
of data needed to reliably and validly measure growth for the
purpose of teacher and principal evaluations; and whether and
at what time annual State assessments may be used as one of
multiple measures of student growth), (ii) defining the term
"significant factor" for purposes of including consideration
of student growth in performance ratings, (iii) controlling for
such factors as student characteristics (including, but not
limited to, students receiving special education and English
Language Learner services), student attendance, and student
mobility so as to best measure the impact that a teacher,
principal, school and school district has on students' academic
achievement, (iv) establishing minimum requirements for
district teacher and principal evaluation instruments and
procedures, and (v) establishing a model evaluation plan for
use by school districts in which student growth shall comprise
50% of the performance rating. Notwithstanding any provision in
this Section, such rules shall not preclude a school district
having 500,000 or more inhabitants from using an annual State
assessment as the sole measure of student growth for purposes
of teacher or principal evaluations.
    The rules shall be developed through a process involving
collaboration with a Performance Evaluation Advisory Council,
which shall be convened and staffed by the State Board of
Education. Members of the Council shall be selected by the
State Superintendent and include, without limitation,
representatives of teacher unions and school district
management, persons with expertise in performance evaluation
processes and systems, as well as other stakeholders. The
Performance Evaluation Advisory Council shall meet at least
quarterly following the effective date of this amendatory Act
of the 96th General Assembly until June 30, 2017.
    Prior to the applicable implementation date, these rules
shall not apply to teachers assigned to schools identified in
an agreement entered into between the board of a school
district operating under Article 34 of this Code and the
exclusive representative of the district's teachers in
accordance with Section 34-85c of this Code.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
    Sec. 26-2a. A "truant" is defined as a child subject to
compulsory school attendance and who is absent without valid
cause from such attendance for a school day or portion thereof.
    "Valid cause" for absence shall be illness, observance of a
religious holiday, death in the immediate family, family
emergency, and shall include such other situations beyond the
control of the student as determined by the board of education
in each district, or such other circumstances which cause
reasonable concern to the parent for the safety or health of
the student.
    "Chronic or habitual truant" shall be defined as a child
subject to compulsory school attendance and who is absent
without valid cause from such attendance for 10% or more of the
previous 180 regular attendance days.
    "Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9 1
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's his
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program of
studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
    "Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
 
    Section 10. The School Breakfast and Lunch Program Act is
amended by changing Section 4 as follows:
 
    (105 ILCS 125/4)  (from Ch. 122, par. 712.4)
    Sec. 4. Accounts; copies of menus served; free lunch
program required; report. School boards and welfare centers
shall keep an accurate, detailed and separate account of all
moneys expended for school breakfast programs, school lunch
programs, free breakfast programs, free lunch programs, and
summer food service programs, and of the amounts for which they
are reimbursed by any governmental agency, moneys received from
students and from any other contributors to the program. School
boards and welfare centers shall also keep on file a copy of
all menus served under the programs, which together with all
records of receipts and disbursements, shall be made available
to representatives of the State Board of Education at any time.
    Every public school must have a free lunch program.
    In 2010 and in each subsequent year, the State Board of
Education shall provide to the Governor and the General
Assembly, by a date not later than April 1, a report that
provides all of the following:
        (1) A list by school district of (i) all schools
    participating in the school breakfast program, (ii) all
    schools' total student enrollment, (iii) all schools'
    number of children eligible for free, reduced price, and
    paid breakfasts and lunches, (iv) all schools' incentive
    moneys received, and (v) all schools' participation in
    Provision Two or Provision Three under the Child Nutrition
    Act of 1966 (42 U.S.C. 1771 et seq.).
        (2) (Blank).
        (3) A list of schools that have dropped a school
    breakfast program during the past year and the reason or
    reasons why.
        (3.5) A list of school districts and schools granted an
    exemption from a regional superintendent of schools for
    operating a school breakfast program in the next year and
    the reason or reasons why.
(Source: P.A. 96-158, eff. 8-7-09.)
 
    Section 13. The School Construction Law is amended by
changing Section 5-200 as follows:
 
    (105 ILCS 230/5-200)
    Sec. 5-200. School energy efficiency grants.
    (a) The State Board of Education is authorized to make
grants to school districts, without regard to enrollment, for
school energy efficiency projects. These grants shall be paid
out of moneys appropriated for that purpose from the School
Infrastructure Fund. No grant under this Section for one fiscal
year shall exceed $250,000, but a school district may receive
grants for more than one project during one fiscal year. A
school district must provide local matching funds in an amount
equal to the amount of the grant under this Section. A school
district has no entitlement to a grant under this Section.
    (b) The State Board of Education shall adopt rules to
implement this Section. These rules need not be the same as the
rules for school construction project grants or school
maintenance project grants. The rules may specify:
        (1) the manner of applying for grants;
        (2) project eligibility requirements;
        (3) restrictions on the use of grant moneys;
        (4) the manner in which school districts must account
    for the use of grant moneys; and
        (5) any other provision that the State Board determines
    to be necessary or useful for the administration of this
    Section.
    (c) In each school year in which school energy efficiency
project grants are awarded, 20% of the total amount awarded
shall be awarded to a school district in a city with a
population of more than 500,000, provided that the school
district complies with the requirements of this Section and the
rules adopted under this Section.
(Source: P.A. 96-37, eff. 7-13-09.)
 
    (105 ILCS 5/2-3.97 rep.)
    Section 15. The School Code is amended by repealing Section
2-3.97.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.