HB5407 103RD GENERAL ASSEMBLY

LRB103 37950 RJT 68082 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5407

Introduced 2/9/2024, by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-17a
105 ILCS 45/1-33 new
105 ILCS 45/1-50

Amends the Education for Homeless Children Act. Provides that by June 31, 2026, the Office of the Coordinator for the Education of Homeless Children and Youth shall create the School District Homeless Student Identification Performance Assessment and submit the Assessment to the State Board of Education for a school district with an enrollment greater than 100 students. Sets forth what information shall be included in the Assessment. Amends the School Code to provide that the information in the Assessment shall be included in the school report card. Further amends the Education for Homeless Children Act. In provisions concerning the Education of Homeless Children and Youth State Grant Program, provides that when awarding competitive grants under the Education of Homeless Children and Youth State Grant Program, grants shall be made to applicant school districts based on the percentage of students experiencing homelessness in the applicant school district in accordance with the Program (instead of to applicant school districts in accordance with the Program). Removes specified provisions concerning what factors the State Board of Education may use in awarding grants. Specifies other activities eligible for assistance. Provides that the State Board of Education may use up to 25% (instead 5%) of the funds appropriated for the purposes the Program for administrative costs. Makes other changes.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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 Section 10-17a as follows:

(105 ILCS 5/10-17a)

Sec. 10-17a. State, school district, and school report cards; Expanded High School Snapshot Report.

(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical means provide to each school district in this State, including special charter districts and districts subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31.

(2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following:

(A) school characteristics and student demographics, including average class size, average teaching experience, student racial/ethnic breakdown, and the percentage of students classified as low-income; the percentage of students classified as English learners, the number of students who graduate from a bilingual or English learner program, and the number of students who graduate from, transfer from, or otherwise leave bilingual programs; the percentage of students who have individualized education plans or 504 plans that provide for special education services; the number and the percentage of all students in grades kindergarten through 8, disaggregated by the student students demographics described in this paragraph (A), in each of the following categories: (i) those who have been assessed for placement in a gifted education program or accelerated placement, (ii) those who have enrolled in a gifted education program or in accelerated placement, and (iii) for each of categories (i) and (ii), those who received direct instruction from a teacher who holds a gifted education endorsement; the number and the percentage of all students in grades 9 through 12, disaggregated by the student demographics described in this paragraph (A), who have been enrolled in an advanced academic program; the percentage of students scoring at the "exceeds expectations" level on the assessments required under Section 2-3.64a-5 of this Code; the percentage of students who annually transferred in or out of the school district; average daily attendance; the per-pupil operating expenditure of the school district; and the per-pupil State average operating expenditure for the district type (elementary, high school, or unit);

(B) curriculum information, including, where applicable, Advanced Placement, International Baccalaureate or equivalent courses, dual credit courses, foreign language classes, computer science courses, school personnel resources (including Career Technical Education teachers), before and after school programs, extracurricular activities, subjects in which elective classes are offered, health and wellness initiatives (including the average number of days of Physical Education per week per student), approved programs of study, awards received, community partnerships, and special programs such as programming for the gifted and talented, students with disabilities, and work-study students;

(C) student outcomes, including, where applicable, the percentage of students deemed proficient on assessments of State standards, the percentage of students in the eighth grade who pass Algebra, the percentage of students who participated in workplace learning experiences, the percentage of students enrolled in post-secondary institutions (including colleges, universities, community colleges, trade/vocational schools, and training programs leading to career certification within 2 semesters of high school graduation), the percentage of students graduating from high school who are college and career ready, the percentage of graduates enrolled in community colleges, colleges, and universities who are in one or more courses that the community college, college, or university identifies as a developmental course, and the percentage of students with disabilities under the federal Individuals with Disabilities Education Act and Article 14 of this Code who have fulfilled the minimum State graduation requirements set forth in Section 27-22 of this Code and have been issued a regular high school diploma;

(D) student progress, including, where applicable, the percentage of students in the ninth grade who have earned 5 credits or more without failing more than one core class, a measure of students entering kindergarten ready to learn, a measure of growth, and the percentage of students who enter high school on track for college and career readiness;

(E) the school environment, including, where applicable, high school dropout rate by grade level, the percentage of students with less than 10 absences in a school year, the percentage of teachers with less than 10 absences in a school year for reasons other than professional development, leaves taken pursuant to the federal Family Medical Leave Act of 1993, long-term disability, or parental leaves, the 3-year average of the percentage of teachers returning to the school from the previous year, the number of different principals at the school in the last 6 years, the number of teachers who hold a gifted education endorsement, the process and criteria used by the district to determine whether a student is eligible for participation in a gifted education program or advanced academic program and the manner in which parents and guardians are made aware of the process and criteria, the number of teachers who are National Board Certified Teachers, disaggregated by race and ethnicity, 2 or more indicators from any school climate survey selected or approved by the State and administered pursuant to Section 2-3.153 of this Code, with the same or similar indicators included on school report cards for all surveys selected or approved by the State pursuant to Section 2-3.153 of this Code, the combined percentage of teachers rated as proficient or excellent in their most recent evaluation, and, beginning with the 2022-2023 school year, data on the number of incidents of violence that occurred on school grounds or during school-related activities and that resulted in an out-of-school suspension, expulsion, or removal to an alternative setting, as reported pursuant to Section 2-3.162;

(F) a school district's and its individual schools' balanced accountability measure, in accordance with Section 2-3.25a of this Code;

(G) the total and per pupil normal cost amount the State contributed to the Teachers' Retirement System of the State of Illinois in the prior fiscal year for the school's employees, which shall be reported to the State Board of Education by the Teachers' Retirement System of the State of Illinois;

(H) for a school district organized under Article 34 of this Code only, State contributions to the Public School Teachers' Pension and Retirement Fund of Chicago and State contributions for health care for employees of that school district;

(I) a school district's Final Percent of Adequacy, as defined in paragraph (4) of subsection (f) of Section 18-8.15 of this Code;

(J) a school district's Local Capacity Target, as defined in paragraph (2) of subsection (c) of Section 18-8.15 of this Code, displayed as a percentage amount;

(K) a school district's Real Receipts, as defined in paragraph (1) of subsection (d) of Section 18-8.15 of this Code, divided by a school district's Adequacy Target, as defined in paragraph (1) of subsection (b) of Section 18-8.15 of this Code, displayed as a percentage amount;

(L) a school district's administrative costs;

(M) whether or not the school has participated in the Illinois Youth Survey. In this paragraph (M), "Illinois Youth Survey" means a self-report survey, administered in school settings every 2 years, designed to gather information about health and social indicators, including substance abuse patterns and the attitudes of students in grades 8, 10, and 12;

(N) whether the school offered its students career and technical education opportunities; and

(O) beginning Beginning with the October 2024 report card, the total number of school counselors, school social workers, school nurses, and school psychologists by school, district, and State, the average number of students per school counselor in the school, district, and State, the average number of students per school social worker in the school, district, and State, the average number of students per school nurse in the school, district, and State, and the average number of students per school psychologist in the school, district, and State; and .

(P) beginning with the October 2026 report card, any information on the School District Homeless Student Identification Performance Assessment developed and provided by the Office of the Coordinator for the Education of Homeless Children and Youth under Section 1-33 of the Education for Homeless Children Act.

The school report card shall also provide information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.

As used in this subsection (2):

"Accelerated placement" has the meaning ascribed to that term in Section 14A-17 of this Code.

"Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district.

"Advanced academic program" means a course of study, including, but not limited to, accelerated placement, advanced placement coursework, International Baccalaureate coursework, dual credit, or any course designated as enriched or honors, that a student is enrolled in based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace.

"Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet.

"Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code.

For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school.

(2.5) For any school report card prepared after July 1, 2025, for all high school graduation completion rates that are reported on the school report card as required under this Section or by any other State or federal law, the State Superintendent of Education shall also report the percentage of students who did not meet the requirements of high school graduation completion for any reason and, of those students, the percentage that are classified as students who fulfill the requirements of Section 14-16 of this Code.

The State Superintendent shall ensure that for the 2023-2024 school year there is a specific code for districts to report students who fulfill the requirements of Section 14-16 of this Code to ensure accurate reporting under this Section.

All reporting requirements under this subsection (2.5) shall be included on the school report card where high school graduation completion rates are reported, along with a brief explanation of how fulfilling the requirements of Section 14-16 of this Code is different from receiving a regular high school diploma.

(3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district.

(4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card.

(5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report cards at a regular school board meeting subject to applicable notice requirements, post the report cards on the school district's Internet web site, if the district maintains an Internet web site, make the report cards available to a newspaper of general circulation serving the district, and, upon request, send the report cards home to a parent (unless the district does not maintain an Internet web site, in which case the report card shall be sent home to parents without request). If the district posts the report card on its Internet web site, the district shall send a written notice home to parents stating (i) that the report card is available on the web site, (ii) the address of the web site, (iii) that a printed copy of the report card will be sent to parents upon request, and (iv) the telephone number that parents may call to request a printed copy of the report card.

(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8.

(7) As used in this subsection (7):

"Advanced-track coursework or programs" means any high school courses, sequence of courses, or class or grouping of students organized to provide more rigorous, enriched, advanced, accelerated, gifted, or above grade-level instruction. This may include, but is not limited to, Advanced Placement courses, International Baccalaureate courses, honors, weighted, advanced, or enriched courses, or gifted or accelerated programs, classrooms, or courses.

"Course" means any high school class or course offered by a school that is assigned a school course code by the State Board of Education.

"English learner coursework or English learner program" means a high school English learner course or program designated to serve English learners, who may be designated as English language learners or limited English proficiency learners.

"Standard coursework or programs" means any high school courses or classes other than advanced-track coursework or programs, English learner coursework or programs, or special education coursework or programs.

By October 31, 2027 and by October 31 of each subsequent year, the State Board of Education, through the State Superintendent of Education, shall prepare a stand-alone report covering high schools, to be referred to as the Expanded High School Snapshot Report. The State Board shall post the Report on the State Board's Internet website. Each school district with a high school shall include on the school district's Internet website, if the district maintains an Internet website, a hyperlink to the Report on the State Board's Internet website titled "Expanded High School Snapshot Report". Hyperlinks under this subsection (7) shall be displayed in a manner that is easily accessible to the public.

The Expanded High School Snapshot Report shall include:

(A) a listing of all standard coursework or programs offered by a high school;

(B) a listing of all advanced-track coursework or programs offered by a high school;

(C) a listing of all English learner coursework or programs offered by a high school;

(D) a listing of all special education coursework or programs offered by a high school;

(E) data tables and graphs comparing advanced-track coursework or programs with standard coursework or programs according to the following parameters:

(i) the average years of experience of all teachers in a high school who are assigned to teach advanced-track coursework or programs compared with the average years of experience of all teachers in the high school who are assigned to teach standard coursework or programs;

(ii) the average years of experience of all teachers in a high school who are assigned to teach special education coursework or programs compared with the average years of experience of all teachers in the high school who are assigned to teach standard coursework or programs;

(iii) the average years of experience of all teachers in a high school who are assigned to teach English learner coursework or programs compared with the average years of experience of all teachers in the high school who are assigned to teach standard coursework or programs;

(iv) the number of high school teachers who possess bachelor's, master's, or doctorate degrees and who are assigned to teach advanced-track courses or programs compared with the number of teachers who possess bachelor's, master's, or doctorate degrees and who are assigned to teach standard coursework or programs;

(v) the number of high school teachers who possess bachelor's, master's, or doctorate degrees and who are assigned to teach special education coursework or programs compared with the number of teachers who possess bachelor's, master's, or doctorate degrees and who are assigned to teach standard coursework or programs;

(vi) the number of high school teachers who possess bachelor's, master's, or doctorate degrees and who are assigned to teach English learner coursework or programs compared with the number of teachers who possess bachelor's, master's, or doctorate degrees and who are assigned to teach standard coursework or programs;

(vii) the average student enrollment and class size of advanced-track coursework or programs offered in a high school compared with the average student enrollment and class size of standard coursework or programs;

(viii) the percentages of students delineated by gender who are enrolled in advanced-track coursework or programs in a high school compared with the gender of students enrolled in standard coursework or programs;

(ix) the percentages of students delineated by gender who are enrolled in special education coursework or programs in a high school compared with the percentages of students enrolled in standard coursework or programs;

(x) the percentages of students delineated by gender who are enrolled in English learner coursework or programs in a high school compared with the gender of students enrolled in standard coursework or programs;

(xi) the percentages of high school students in each individual race and ethnicity category, as defined in the most recent federal decennial census, who are enrolled in advanced-track coursework or programs compared with the percentages of students in each individual race and ethnicity category enrolled in standard coursework or programs;

(xii) the percentages of high school students in each of the race and ethnicity categories, as defined in the most recent federal decennial census, who are enrolled in special education coursework or programs compared with the percentages of students in each of the race and ethnicity categories who are enrolled in standard coursework or programs;

(xiii) the percentages of high school students in each of the race and ethnicity categories, as defined in the most recent federal decennial census, who are enrolled in English learner coursework or programs in a high school compared with the percentages of high school students in each of the race and ethnicity categories who are enrolled in standard coursework or programs;

(xiv) the percentage of high school students who reach proficiency (the equivalent of a C grade or higher on a grade A through F scale) in advanced-track coursework or programs compared with the percentage of students who earn proficiency (the equivalent of a C grade or higher on a grade A through F scale) in standard coursework or programs;

(xv) the percentage of high school students who reach proficiency (the equivalent of a C grade or higher on a grade A through F scale) in special education coursework or programs compared with the percentage of high school students who earn proficiency (the equivalent of a C grade or higher on a grade A through F scale) in standard coursework or programs; and

(xvi) the percentage of high school students who reach proficiency (the equivalent of a C grade or higher on a grade A through F scale) in English learner coursework or programs compared with the percentage of high school students who earn proficiency (the equivalent of a C grade or higher on a grade A through F scale) in standard coursework or programs; and

(F) data tables and graphs for each race and ethnicity category, as defined in the most recent federal decennial census, and gender category, as defined in the most recent federal decennial census, describing:

(i) the total number of Advanced Placement courses taken by race and ethnicity category and gender category, as defined in the most recent federal decennial census;

(ii) the total number of International Baccalaureate courses taken by race and ethnicity category and gender category, as defined in the most recent federal decennial census;

(iii) for each race and ethnicity category and gender category, as defined in the most recent federal decennial census, the percentage of high school students enrolled in Advanced Placement courses;

(iv) for each race and ethnicity category and gender category, as defined in the most recent federal decennial census, the percentage of high school students enrolled in International Baccalaureate courses; and

(v) for each race and ethnicity category, as defined in the most recent federal decennial census, the total number and percentage of high school students who earn a score of 3 or higher on the Advanced Placement exam associated with an Advanced Placement course.

For data on teacher experience and education under this subsection (7), a teacher who teaches a combination of courses designated as advanced-track coursework or programs, English learner coursework or programs, or standard coursework or programs shall be included in all relevant categories and the teacher's level of experience shall be added to the categories.

(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263, eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24; revised 9-12-23.)

Section 10. The Education for Homeless Children Act is amended by changing Section 1-50 and by adding Section 1-33 as follows:

(105 ILCS 45/1-33 new)

Sec. 1-33. Student Identification Performance Assessment.

(a) By June 31, 2026, and before October 31 of each year thereafter, the Office of the Coordinator for the Education of Homeless Children and Youth shall create the School District Homeless Student Identification Performance Assessment and submit the Assessment to the State Board of Education for a school district with an enrollment greater than 100 students.

(b) The School District Homeless Student Identification Performance Assessment shall include all of the following for each school district examined:

(1) The percentage of homeless students out of total enrollment.

(2) A finding by the Office of the Coordinator whether the school district is at risk of under-identifying its homeless student population and the methodology used by the Office of the Coordinator to make the finding.

(3) The total number of school districts found to be at risk and not at risk.

(4) Any other criteria as the State Board determines is appropriate.

(c) The State Board of Education shall post the Student Identification Performance Assessment on its Internet website.

(d) The State Board of Education shall use the School District Homeless Student Identification Performance Assessment to prioritize monitoring, training, and technical support.

(e) The State Board of Education may adopt rules to implement this Section.

(105 ILCS 45/1-50)

Sec. 1-50. Education of Homeless Children and Youth State Grant Program.

(a) It is the purpose and intent of this Section to establish a State grant program that parallels and supplements, but operates independently of, the federal grant program allocating funds for assistance under Subtitle B of Title VII of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) and to establish a State grant program to support school districts throughout this State in facilitating the enrollment, attendance, and success of homeless children and youth.

(b) Subject to appropriation, the State Board of Education shall award competitive grants under an Education of Homeless Children and Youth State Grant Program to applicant school districts based on the percentage of students experiencing homelessness in the applicant school district in accordance with this Section. Services provided by school districts through the use of grant funds may not replace the regular academic program and must be designed to expand upon or improve services provided for homeless students as part of the school's regular academic program.

(c) A school district that desires to receive a grant under this Section shall submit an application to the State Board of Education at such time, in such manner, and containing or accompanied by such information as the State Board of Education may reasonably require.

(d) To award grants Grants must be awarded on the basis of the need of the school district for assistance under this Section, the State Board of Education may consider all of the following: and the quality of the applications submitted.

(1) In determining need under this subsection (d), the State Board of Education may consider the number of homeless children and youths enrolled in preschool, elementary school, and secondary school within the school district and shall consider the needs of such children and youths and the ability of the district to meet such needs. The State Board of Education may also consider the following:

(A) (Blank). The extent to which the proposed use of funds will facilitate the enrollment, retention, and educational success of homeless children and youths.

(B) (Blank). The extent to which the application (i) reflects coordination with other local and State agencies that serve homeless children and youths and (ii) describes how the applicant will meet the requirements of this Act and the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001.

(C) The extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youths.

(D) Such other criteria as the State Board determines is appropriate.

(2) In determining the quality of applications under this subsection (d), the State Board of Education shall consider the following:

(A) The applicant's assessment of needs and the likelihood that the services presented in the application will meet such needs.

(B) The types, intensity, and coordination of the services to be provided.

(C) The involvement of parents or guardians of homeless children or youths in the education of these children.

(D) The extent to which homeless children and youths are effectively integrated within the regular education program.

(E) The quality of the applicant's evaluation plan for the services.

(F) The extent to which services provided will be coordinated with other services available to homeless children and youths and their families.

(G) Such other measures as the State Board considers indicative of high-quality services, such as the extent to which the school district will provide case management or related services to unaccompanied youths.

(e) Grants awarded under this Section shall be for terms not to exceed 3 years, but are subject to annual appropriation for the Education of Homeless Children and Youth State Grant Program. School districts shall use funds awarded under this Section only for those activities set forth in Section 723(d) of Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act of 1987 (42 U.S.C. 11433(d)).

Activities eligible for assistance under this Section may include, but are not limited to, all of the following:

(1) Rental assistance, which shall include utilities, security and utility deposits, first and last month's rent, rental application fees, moving expenses, and any other eligible expenses to be determined by the State Board.

(2) Transportation assistance, including school bus transportation, public transportation passes, and gasoline assistance for a student or family with a vehicle or to a family member with a vehicle who can transport the student.

(3) Emergency shelter, including temporary hotel stays.

(4) Housing stability case management and housing locator services.

(5) Other collaborative housing strategies, including prevention and strength-based safety and housing approaches, including, but not limited to, school supplies, clothing, academic enrichment, tutoring, and parental involvement programs.

(f) The State Board of Education may use up to 25% 5% of the funds appropriated for the purposes of this Section for administrative costs, including the hiring of positions for the implementation and administration of the grant program, provided that if no appropriation is made to the State Board of Education for a given fiscal year for the purposes of the grant program, then the State Board of Education is not required to make any expenditures in support of the program during that fiscal year.

(Source: P.A. 96-1229, eff. 1-1-11.)