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Public Act 096-1423 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
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:
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(105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
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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.
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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.
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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:
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(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 . ;
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(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 . ;
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(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,
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Transportation, and Working Cash Funds . ;
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(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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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financial plan required under this Section has been approved by | ||
the State
Board of Education.
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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
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inability or refusal of the State of Illinois to make timely
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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
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reimbursement formulas provided in this School Code.
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(Source: P.A. 96-668, eff. 8-25-09.)
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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.
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"Implementation date" has the meaning set forth in | ||
Section 24A-2.5 of this Code. | ||
"State Board" means the State Board of Education.
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(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
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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
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eligible applicant must notify in writing the affected | ||
exclusive collective
bargaining agent and those State | ||
legislators representing the eligible applicant's territory of
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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
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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.
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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.
|