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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51A-10, 1C-4, 2-3.12, 2-3.25o, 2-3.39, 2-3.62, 2-3.64a-5, 3-1,
63-2.5, 3-11, 3-15.6, 3-15.10, 3-15.17, 10-17a, 14-8.02,
714-9.01, 14C-1, 14C-2, 14C-3, 14C-5, 14C-7, 14C-9, 14C-11,
827A-5, 34-2.4, and 34-8.17 and by renumbering and changing
9Section 2-3.160 as follows:
 
10    (105 ILCS 5/1A-10)
11    Sec. 1A-10. Divisions of Board. The State Board of
12Education shall have, without limitation, the following ,
13before April 1, 2005, create divisions within the Board,
14including without limitation the following:
15        (1) Educator Effectiveness Teaching and Learning
16    Services for All Children.
17        (2) Improvement and Innovation School Support Services
18    for All Schools.
19        (3) Fiscal Support Services.
20        (4) (Blank).
21        (5) Internal Auditor.
22        (6) Human Resources.
23        (7) Legal.

 

 

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1        (8) Specialized Instruction, Nutrition, and Wellness.
2        (9) Language and Early Childhood Development.
3The State Board of Education may, after consultation with the
4General Assembly, add any divisions or functions to the Board
5that it deems appropriate and consistent with Illinois law.
6(Source: P.A. 95-793, eff. 1-1-09.)
 
7    (105 ILCS 5/1C-4)
8    Sec. 1C-4. Reports. The State Superintendent of Education,
9in cooperation with the school districts participating under
10this Article, shall annually report to the leadership of the
11General Assembly on the progress made in implementing this
12Article. By February 1, 1997, the State Board of Education
13shall submit to the Governor and General Assembly a
14comprehensive plan for Illinois school districts, including
15the school district that has been organized under Article 34
16and is under the jurisdiction of the Chicago Board of
17Education, to establish and implement a block grant funding
18system for educational programs that are currently funded
19through single-program grants. Before submitting its plan to
20establish and implement a block grant funding system to the
21Governor and General Assembly as required by this Section, the
22State Board of Education shall give appropriate notice of and
23hold statewide public hearings on the subject of funding
24educational programs through block grants. The plan shall be
25designed to relieve school districts of the administrative

 

 

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1burdens that impede efficiency and accompany single-program
2funding. A school district that receives an Early Childhood
3Education Block Grant shall report to the State Board of
4Education on its use of the block grant in such form and detail
5as the State Board of Education may specify. In addition, the
6report must include the following description for the district,
7which must also be reported to the General Assembly: block
8grant allocation and expenditures by program; population and
9service levels by program; and administrative expenditures by
10program. The State Board of Education shall ensure that the
11reporting requirements for a district organized under Article
1234 of this Code are the same as for all other school districts
13in this State.
14(Source: P.A. 97-238, eff. 8-2-11.)
 
15    (105 ILCS 5/2-3.12)  (from Ch. 122, par. 2-3.12)
16    Sec. 2-3.12. School building code.
17    (a) To prepare for school boards with the advice of the
18Department of Public Health, the Capital Development Board, and
19the State Fire Marshal a school building code that will
20conserve the health and safety and general welfare of the
21pupils and school personnel and others who use public school
22facilities.
23    (b) Within 2 years after September 23, 1983, and every 10
24years thereafter, or at such other times as the State Board of
25Education deems necessary or the regional superintendent so

 

 

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1orders, each school board subject to the provisions of this
2Section shall again survey its school buildings and effectuate
3any recommendations in accordance with the procedures set forth
4herein.
5        (1) An architect or engineer licensed in the State of
6    Illinois is required to conduct the surveys under the
7    provisions of this Section and shall make a report of the
8    findings of the survey titled "safety survey report" to the
9    school board.
10        (2) The school board shall approve the safety survey
11    report, including any recommendations to effectuate
12    compliance with the code, and submit it to the Regional
13    Superintendent.
14        (3) The Regional Superintendent shall render a
15    decision regarding approval or denial and submit the safety
16    survey report to the State Superintendent of Education.
17        (4) The State Superintendent of Education shall
18    approve or deny the report including recommendations to
19    effectuate compliance with the code and, if approved, issue
20    a certificate of approval.
21        (5) Upon receipt of the certificate of approval, the
22    Regional Superintendent shall issue an order to effect any
23    approved recommendations included in the report. The
24    report shall meet all of the following requirements:
25            (A) Items in the report shall be prioritized.
26            (B) Urgent items shall be considered as those items

 

 

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1        related to life safety problems that present an
2        immediate hazard to the safety of students.
3            (C) Required items shall be considered as those
4        items that are necessary for a safe environment but
5        present less of an immediate hazard to the safety of
6        students.
7            (D) Urgent and required items shall reference a
8        specific rule in the code authorized by this Section
9        that is currently being violated or will be violated
10        within the next 12 months if the violation is not
11        remedied.
12        (6) The school board of each district so surveyed and
13    receiving a report of needed recommendations to be made to
14    maintain standards of safety and health of the pupils
15    enrolled shall effectuate the correction of urgent items as
16    soon as achievable to ensure the safety of the students,
17    but in no case more than one year after the date of the
18    State Superintendent of Education's approval of the
19    recommendation.
20        (7) Required items shall be corrected in a timely
21    manner, but in no case more than 5 years from the date of
22    the State Superintendent of Education's approval of the
23    recommendation.
24        (8) Once each year the school board shall submit a
25    report of progress on completion of any recommendations to
26    effectuate compliance with the code.

 

 

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1    (c) As soon as practicable, but not later than 2 years
2after January 1, 1993, the State Board of Education shall
3combine the document known as "Efficient and Adequate Standards
4for the Construction of Schools" with the document known as
5"Building Specifications for Health and Safety in Public
6Schools" together with any modifications or additions that may
7be deemed necessary. The combined document shall be known as
8the "Health/Life Safety Code for Public Schools" and shall be
9the governing code for all facilities that house public school
10students or are otherwise used for public school purposes,
11whether such facilities are permanent or temporary and whether
12they are owned, leased, rented, or otherwise used by the
13district. Facilities owned by a school district but that are
14not used to house public school students or are not used for
15public school purposes shall be governed by separate provisions
16within the code authorized by this Section.
17    (d) The 10 year survey cycle specified in this Section
18shall continue to apply based upon the standards contained in
19the "Health/Life Safety Code for Public Schools", which shall
20specify building standards for buildings that are constructed
21prior to January 1, 1993 and for buildings that are constructed
22after that date.
23    (e) The "Health/Life Safety Code for Public Schools" shall
24be the governing code for public schools; however, the
25provisions of this Section shall not preclude inspection of
26school premises and buildings pursuant to Section 9 of the Fire

 

 

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1Investigation Act, provided that the provisions of the
2"Health/Life Safety Code for Public Schools", or such
3predecessor document authorized by this Section as may be
4applicable are used, and provided that those inspections are
5coordinated with the Regional Superintendent having
6jurisdiction over the public school facility.
7    (e-5) After the effective date of this amendatory Act of
8the 98th General Assembly, all new school building construction
9governed by the "Health/Life Safety Code for Public Schools"
10must include in its design and construction a storm shelter
11that meets the minimum requirements of the ICC/NSSA Standard
12for the Design and Construction of Storm Shelters (ICC-500),
13published jointly by the International Code Council and the
14National Storm Shelter Association. Nothing in this subsection
15(e-5) precludes the design engineers, architects, or school
16district from applying a higher life safety standard than the
17ICC-500 for storm shelters.
18    (f) Nothing in this Section shall be construed to prohibit
19the State Fire Marshal or a qualified fire official to whom the
20State Fire Marshal has delegated his or her authority from
21conducting a fire safety check in a public school.
22    (g) The Regional Superintendent shall address any
23violations that are not corrected in a timely manner pursuant
24to subsection (b) of Section 3-14.21 of this Code.
25    (h) Any agency having jurisdiction beyond the scope of the
26applicable document authorized by this Section may issue a

 

 

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1lawful order to a school board to effectuate recommendations,
2and the school board receiving the order shall certify to the
3Regional Superintendent and the State Superintendent of
4Education when it has complied with the order.
5    (i) The State Board of Education is authorized to adopt any
6rules that are necessary relating to the administration and
7enforcement of the provisions of this Section.
8    (j) The code authorized by this Section shall apply only to
9those school districts having a population of less than 500,000
10inhabitants.
11    (k) In this Section, a "qualified fire official" means an
12individual that meets the requirements of rules adopted by the
13State Fire Marshal in cooperation with the State Board of
14Education to administer this Section. These rules shall be
15based on recommendations made by the task force established
16under Section 2-3.137 (now repealed) of this Code.
17(Source: P.A. 98-883, eff. 1-1-15.)
 
18    (105 ILCS 5/2-3.25o)
19    Sec. 2-3.25o. Registration and recognition of non-public
20elementary and secondary schools.
21    (a) Findings. The General Assembly finds and declares (i)
22that the Constitution of the State of Illinois provides that a
23"fundamental goal of the People of the State is the educational
24development of all persons to the limits of their capacities"
25and (ii) that the educational development of every school

 

 

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1student serves the public purposes of the State. In order to
2ensure that all Illinois students and teachers have the
3opportunity to enroll and work in State-approved educational
4institutions and programs, the State Board of Education shall
5provide for the voluntary registration and recognition of
6non-public elementary and secondary schools.
7    (b) Registration. All non-public elementary and secondary
8schools in the State of Illinois may voluntarily register with
9the State Board of Education on an annual basis. Registration
10shall be completed in conformance with procedures prescribed by
11the State Board of Education. Information required for
12registration shall include assurances of compliance (i) with
13federal and State laws regarding health examination and
14immunization, attendance, length of term, and
15nondiscrimination and (ii) with applicable fire and health
16safety requirements.
17    (c) Recognition. All non-public elementary and secondary
18schools in the State of Illinois may voluntarily seek the
19status of "Non-public School Recognition" from the State Board
20of Education. This status may be obtained by compliance with
21administrative guidelines and review procedures as prescribed
22by the State Board of Education. The guidelines and procedures
23must recognize that some of the aims and the financial bases of
24non-public schools are different from public schools and will
25not be identical to those for public schools, nor will they be
26more burdensome. The guidelines and procedures must also

 

 

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1recognize the diversity of non-public schools and shall not
2impinge upon the noneducational relationships between those
3schools and their clientele.
4    (c-5) Prohibition against recognition. A non-public
5elementary or secondary school may not obtain "Non-public
6School Recognition" status unless the school requires all
7certified and non-certified applicants for employment with the
8school, after July 1, 2007, to authorize a fingerprint-based
9criminal history records check as a condition of employment to
10determine if such applicants have been convicted of any of the
11enumerated criminal or drug offenses set forth in Section
1221B-80 21-23a of this Code or have been convicted, within 7
13years of the application for employment, of any other felony
14under the laws of this State or of any offense committed or
15attempted in any other state or against the laws of the United
16States that, if committed or attempted in this State, would
17have been punishable as a felony under the laws of this State.
18    Authorization for the check shall be furnished by the
19applicant to the school, except that if the applicant is a
20substitute teacher seeking employment in more than one
21non-public school, a teacher seeking concurrent part-time
22employment positions with more than one non-public school (as a
23reading specialist, special education teacher, or otherwise),
24or an educational support personnel employee seeking
25employment positions with more than one non-public school, then
26only one of the non-public schools employing the individual

 

 

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1shall request the authorization. Upon receipt of this
2authorization, the non-public school shall submit the
3applicant's name, sex, race, date of birth, social security
4number, fingerprint images, and other identifiers, as
5prescribed by the Department of State Police, to the Department
6of State Police.
7    The Department of State Police and Federal Bureau of
8Investigation shall furnish, pursuant to a fingerprint-based
9criminal history records check, records of convictions,
10forever and hereafter, until expunged, to the president or
11principal of the non-public school that requested the check.
12The Department of State Police shall charge that school a fee
13for conducting such check, which fee must be deposited into the
14State Police Services Fund and must not exceed the cost of the
15inquiry. Subject to appropriations for these purposes, the
16State Superintendent of Education shall reimburse non-public
17schools for fees paid to obtain criminal history records checks
18under this Section.
19    A non-public school may not obtain recognition status
20unless the school also performs a check of the Statewide Sex
21Offender Database, as authorized by the Sex Offender Community
22Notification Law, for each applicant for employment, after July
231, 2007, to determine whether the applicant has been
24adjudicated a sex offender.
25    Any information concerning the record of convictions
26obtained by a non-public school's president or principal under

 

 

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1this Section is confidential and may be disseminated only to
2the governing body of the non-public school or any other person
3necessary to the decision of hiring the applicant for
4employment. A copy of the record of convictions obtained from
5the Department of State Police shall be provided to the
6applicant for employment. Upon a check of the Statewide Sex
7Offender Database, the non-public school shall notify the
8applicant as to whether or not the applicant has been
9identified in the Sex Offender Database as a sex offender. Any
10information concerning the records of conviction obtained by
11the non-public school's president or principal under this
12Section for a substitute teacher seeking employment in more
13than one non-public school, a teacher seeking concurrent
14part-time employment positions with more than one non-public
15school (as a reading specialist, special education teacher, or
16otherwise), or an educational support personnel employee
17seeking employment positions with more than one non-public
18school may be shared with another non-public school's principal
19or president to which the applicant seeks employment. Any
20person who releases any criminal history record information
21concerning an applicant for employment is guilty of a Class A
22misdemeanor and may be subject to prosecution under federal
23law, unless the release of such information is authorized by
24this Section.
25    No non-public school may obtain recognition status that
26knowingly employs a person, hired after July 1, 2007, for whom

 

 

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1a Department of State Police and Federal Bureau of
2Investigation fingerprint-based criminal history records check
3and a Statewide Sex Offender Database check has not been
4initiated or who has been convicted of any offense enumerated
5in Section 21B-80 of this Code or any offense committed or
6attempted in any other state or against the laws of the United
7States that, if committed or attempted in this State, would
8have been punishable as one or more of those offenses. No
9non-public school may obtain recognition status under this
10Section that knowingly employs a person who has been found to
11be the perpetrator of sexual or physical abuse of a minor under
1218 years of age pursuant to proceedings under Article II of the
13Juvenile Court Act of 1987.
14    In order to obtain recognition status under this Section, a
15non-public school must require compliance with the provisions
16of this subsection (c-5) from all employees of persons or firms
17holding contracts with the school, including, but not limited
18to, food service workers, school bus drivers, and other
19transportation employees, who have direct, daily contact with
20pupils. Any information concerning the records of conviction or
21identification as a sex offender of any such employee obtained
22by the non-public school principal or president must be
23promptly reported to the school's governing body.
24    (d) Public purposes. The provisions of this Section are in
25the public interest, for the public benefit, and serve secular
26public purposes.

 

 

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1    (e) Definition. For purposes of this Section, a non-public
2school means any non-profit, non-home-based, and non-public
3elementary or secondary school that is in compliance with Title
4VI of the Civil Rights Act of 1964 and attendance at which
5satisfies the requirements of Section 26-1 of this Code.
6(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
 
7    (105 ILCS 5/2-3.39)  (from Ch. 122, par. 2-3.39)
8    Sec. 2-3.39. Department of Transitional Bilingual
9Education. To establish a Department of Transitional Bilingual
10Education. In selecting staff for the Department of
11Transitional Bilingual Education the State Board of Education
12shall give preference to persons who are natives of foreign
13countries where languages to be used in transitional bilingual
14education programs are the predominant languages. The
15Department of Transitional Bilingual Education has the power
16and duty to:
17    (1) Administer and enforce the provisions of Article 14C of
18this Code including the power to promulgate any necessary rules
19and regulations.
20    (2) Study, review, and evaluate all available resources and
21programs that, in whole or in part, are or could be directed
22towards meeting the language capability needs of child English
23learners and adult English learners children and adults of
24limited English-speaking ability residing in the State.
25    (3) Gather information about the theory and practice of

 

 

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1bilingual education in this State and elsewhere, and encourage
2experimentation and innovation in the field of bilingual
3education.
4    (4) Provide for the maximum practical involvement of
5parents of bilingual children, transitional bilingual
6education teachers, representatives of community groups,
7educators, and laymen knowledgeable in the field of bilingual
8education in the formulation of policy and procedures relating
9to the administration of Article 14C of this Code.
10    (5) Consult with other public departments and agencies,
11including but not limited to the Department of Community
12Affairs, the Department of Public Welfare, the Division of
13Employment Security, the Commission Against Discrimination,
14and the United States Department of Health, Education, and
15Welfare in connection with the administration of Article 14C of
16this Code.
17    (6) Make recommendations in the areas of preservice and
18in-service training for transitional bilingual education
19teachers, curriculum development, testing and testing
20mechanisms, and the development of materials for transitional
21bilingual education programs.
22    (7) Undertake any further activities which may assist in
23the full implementation of Article 14C of this Code and to make
24an annual report to the General Assembly to include an
25evaluation of the program, the need for continuing such a
26program, and recommendations for improvement.

 

 

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1    The requirement for reporting to the General Assembly shall
2be satisfied by filing copies of the report with the Speaker,
3the Minority Leader and the Clerk of the House of
4Representatives and the President, the Minority Leader and the
5Secretary of the Senate and the Legislative Research Unit, as
6required by Section 3.1 of "An Act to revise the law in
7relation to the General Assembly", approved February 25, 1874,
8as amended, and filing such additional copies with the State
9Government Report Distribution Center for the General Assembly
10as is required under paragraph (t) of Section 7 of the State
11Library Act.
12(Source: P.A. 84-1438.)
 
13    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
14    Sec. 2-3.62. Educational service centers.
15    (a) A regional network of educational service centers shall
16be established by the State Board of Education to coordinate
17and combine existing services in a manner which is practical
18and efficient and to provide new services to schools as
19provided in this Section. Services to be made available by such
20centers shall include the planning, implementation and
21evaluation of:
22        (1) (blank);
23        (2) computer technology education;
24        (3) mathematics, science and reading resources for
25    teachers including continuing education, inservice

 

 

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1    training and staff development.
2    The centers may provide training, technical assistance,
3coordination and planning in other program areas such as school
4improvement, school accountability, financial planning,
5consultation, and services, career guidance, early childhood
6education, alcohol/drug education and prevention, family life -
7 sex education, electronic transmission of data from school
8districts to the State, alternative education and regional
9special education, and telecommunications systems that provide
10distance learning. Such telecommunications systems may be
11obtained through the Department of Central Management Services
12pursuant to Section 405-270 of the Department of Central
13Management Services Law (20 ILCS 405/405-270). The programs and
14services of educational service centers may be offered to
15private school teachers and private school students within each
16service center area provided public schools have already been
17afforded adequate access to such programs and services.
18    Upon the abolition of the office, removal from office,
19disqualification for office, resignation from office, or
20expiration of the current term of office of the regional
21superintendent of schools, whichever is earlier, the chief
22administrative officer of the centers serving that portion of a
23Class II county school unit outside of a city of 500,000 or
24more inhabitants shall have and exercise, in and with respect
25to each educational service region having a population of
262,000,000 or more inhabitants and in and with respect to each

 

 

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1school district located in any such educational service region,
2all of the rights, powers, duties, and responsibilities
3theretofore vested by law in and exercised and performed by the
4regional superintendent of schools for that area under the
5provisions of this Code or any other laws of this State.
6    The State Board of Education shall promulgate rules and
7regulations necessary to implement this Section. The rules
8shall include detailed standards which delineate the scope and
9specific content of programs to be provided by each Educational
10Service Center, as well as the specific planning,
11implementation and evaluation services to be provided by each
12Center relative to its programs. The Board shall also provide
13the standards by which it will evaluate the programs provided
14by each Center.
15    (b) Centers serving Class 1 county school units shall be
16governed by an 11-member board, 3 members of which shall be
17public school teachers nominated by the local bargaining
18representatives to the appropriate regional superintendent for
19appointment and no more than 3 members of which shall be from
20each of the following categories, including but not limited to
21superintendents, regional superintendents, school board
22members and a representative of an institution of higher
23education. The members of the board shall be appointed by the
24regional superintendents whose school districts are served by
25the educational service center. The composition of the board
26will reflect the revisions of this amendatory Act of 1989 as

 

 

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1the terms of office of current members expire.
2    (c) The centers shall be of sufficient size and number to
3assure delivery of services to all local school districts in
4the State.
5    (d) From monies appropriated for this program the State
6Board of Education shall provide grants paid from the Personal
7Property Tax Replacement Fund to qualifying Educational
8Service Centers applying for such grants in accordance with
9rules and regulations promulgated by the State Board of
10Education to implement this Section.
11    (e) The governing authority of each of the 18 regional
12educational service centers shall appoint a family life - sex
13education advisory board consisting of 2 parents, 2 teachers, 2
14school administrators, 2 school board members, 2 health care
15professionals, one library system representative, and the
16director of the regional educational service center who shall
17serve as chairperson of the advisory board so appointed.
18Members of the family life - sex education advisory boards
19shall serve without compensation. Each of the advisory boards
20appointed pursuant to this subsection shall develop a plan for
21regional teacher-parent family life - sex education training
22sessions and shall file a written report of such plan with the
23governing board of their regional educational service center.
24The directors of each of the regional educational service
25centers shall thereupon meet, review each of the reports
26submitted by the advisory boards and combine those reports into

 

 

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1a single written report which they shall file with the Citizens
2Council on School Problems prior to the end of the regular
3school term of the 1987-1988 school year.
4    (f) The 14 educational service centers serving Class I
5county school units shall be disbanded on the first Monday of
6August, 1995, and their statutory responsibilities and
7programs shall be assumed by the regional offices of education,
8subject to rules and regulations developed by the State Board
9of Education. The regional superintendents of schools elected
10by the voters residing in all Class I counties shall serve as
11the chief administrators for these programs and services. By
12rule of the State Board of Education, the 10 educational
13service regions of lowest population shall provide such
14services under cooperative agreements with larger regions.
15(Source: P.A. 97-619, eff. 11-14-11; 98-24, eff. 6-19-13;
1698-647, eff. 6-13-14.)
 
17    (105 ILCS 5/2-3.64a-5)
18    Sec. 2-3.64a-5. State goals and assessment.
19    (a) For the assessment and accountability purposes of this
20Section, "students" includes those students enrolled in a
21public or State-operated elementary school, secondary school,
22or cooperative or joint agreement with a governing body or
23board of control, a charter school operating in compliance with
24the Charter Schools Law, a school operated by a regional office
25of education under Section 13A-3 of this Code, or a public

 

 

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1school administered by a local public agency or the Department
2of Human Services.
3    (b) The State Board of Education shall establish the
4academic standards that are to be applicable to students who
5are subject to State assessments under this Section. The State
6Board of Education shall not establish any such standards in
7final form without first providing opportunities for public
8participation and local input in the development of the final
9academic standards. Those opportunities shall include a
10well-publicized period of public comment and opportunities to
11file written comments.
12    (c) Beginning no later than the 2014-2015 school year, the
13State Board of Education shall annually assess all students
14enrolled in grades 3 through 8 in English language arts and
15mathematics.
16    Beginning no later than the 2017-2018 school year, the
17State Board of Education shall annually assess all students in
18science at one grade in grades 3 through 5, at one grade in
19grades 6 through 8, and at one grade in grades 9 through 12.
20    The State Board of Education shall annually assess schools
21that operate a secondary education program, as defined in
22Section 22-22 of this Code, in English language arts and
23mathematics. The State Board of Education shall administer no
24more than 3 assessments, per student, of English language arts
25and mathematics for students in a secondary education program.
26One of these assessments shall include a college and career

 

 

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1ready determination.
2    Students who are not assessed for college and career ready
3determinations may not receive a regular high school diploma
4unless the student is exempted from taking State assessments
5under subsection (d) of this Section because (i) the student's
6individualized educational program developed under Article 14
7of this Code identifies the State assessment as inappropriate
8for the student, (ii) the student is enrolled in a program of
9adult and continuing education, as defined in the Adult
10Education Act, (iii) the school district is not required to
11assess the individual student for purposes of accountability
12under federal No Child Left Behind Act of 2001 requirements,
13(iv) the student has been determined to be an English language
14learner, referred to in this Code as a student with limited
15English proficiency, and has been enrolled in schools in the
16United States for less than 12 months, or (v) the student is
17otherwise identified by the State Board of Education, through
18rules, as being exempt from the assessment.
19    The State Board of Education shall not assess students
20under this Section in subjects not required by this Section.
21    Districts shall inform their students of the timelines and
22procedures applicable to their participation in every yearly
23administration of the State assessments. The State Board of
24Education shall establish periods of time in each school year
25during which State assessments shall occur to meet the
26objectives of this Section.

 

 

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1    (d) Every individualized educational program as described
2in Article 14 shall identify if the State assessment or
3components thereof are appropriate for the student. The State
4Board of Education shall develop rules governing the
5administration of an alternate assessment that may be available
6to students for whom participation in this State's regular
7assessments is not appropriate, even with accommodations as
8allowed under this Section.
9    Students receiving special education services whose
10individualized educational programs identify them as eligible
11for the alternative State assessments nevertheless shall have
12the option of taking this State's regular assessment that
13includes a college and career ready determination, which shall
14be administered in accordance with the eligible accommodations
15appropriate for meeting these students' respective needs.
16    All students determined to be an English learners language
17learner, referred to in this Code as a student with limited
18English proficiency, shall participate in the State
19assessments, excepting those students who have been enrolled in
20schools in the United States for less than 12 months. Such
21students may be exempted from participation in one annual
22administration of the English language arts assessment. Any
23student determined to be an English language learner, referred
24to in this Code as a student with limited English proficiency,
25shall receive appropriate assessment accommodations, including
26language supports, which shall be established by rule. Approved

 

 

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1assessment accommodations must be provided until the student's
2English language skills develop to the extent that the student
3is no longer considered to be an English language learner,
4referred to in this Code as a student with limited English
5proficiency, as demonstrated through a State-identified
6English language proficiency assessment.
7    (e) The results or scores of each assessment taken under
8this Section shall be made available to the parents of each
9student.
10    In each school year, the scores attained by a student on
11the State assessment that includes a college and career ready
12determination must be placed in the student's permanent record
13and must be entered on the student's transcript pursuant to
14rules that the State Board of Education shall adopt for that
15purpose in accordance with Section 3 of the Illinois School
16Student Records Act. In each school year, the scores attained
17by a student on the State assessments administered in grades 3
18through 8 must be placed in the student's temporary record.
19    (f) All schools shall administer an academic assessment of
20English language proficiency in oral language (listening and
21speaking) and reading and writing skills to all children
22determined to be English language learners, referred to in
23Section 14C-3 of this Code as children with limited
24English-speaking ability.
25    (g) All schools in this State that are part of the sample
26drawn by the National Center for Education Statistics, in

 

 

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1collaboration with their school districts and the State Board
2of Education, shall administer the biennial academic
3assessments under the National Assessment of Educational
4Progress carried out under Section 411(b)(2) of the federal
5National Education Statistics Act of 1994 (20 U.S.C. 9010) if
6the U.S. Secretary of Education pays the costs of administering
7the assessments.
8    (h) Subject to available funds to this State for the
9purpose of student assessment, the State Board of Education
10shall provide additional assessments and assessment resources
11that may be used by school districts for local assessment
12purposes. The State Board of Education shall annually
13distribute a listing of these additional resources.
14    (i) For the purposes of this subsection (i), "academically
15based assessments" means assessments consisting of questions
16and answers that are measurable and quantifiable to measure the
17knowledge, skills, and ability of students in the subject
18matters covered by the assessments. All assessments
19administered pursuant to this Section must be academically
20based assessments. The scoring of academically based
21assessments shall be reliable, valid, and fair and shall meet
22the guidelines for assessment development and use prescribed by
23the American Psychological Association, the National Council
24on Measurement in Education, and the American Educational
25Research Association.
26    The State Board of Education shall review the use of all

 

 

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1assessment item types in order to ensure that they are valid
2and reliable indicators of student performance aligned to the
3learning standards being assessed and that the development,
4administration, and scoring of these item types are justifiable
5in terms of cost.
6    (j) The State Superintendent of Education shall appoint a
7committee of no more than 21 members, consisting of parents,
8teachers, school administrators, school board members,
9assessment experts, regional superintendents of schools, and
10citizens, to review the State assessments administered by the
11State Board of Education. The Committee shall select one of its
12members as its chairperson. The Committee shall meet on an
13ongoing basis to review the content and design of the
14assessments (including whether the requirements of subsection
15(i) of this Section have been met), the time and money expended
16at the local and State levels to prepare for and administer the
17assessments, the collective results of the assessments as
18measured against the stated purpose of assessing student
19performance, and other issues involving the assessments
20identified by the Committee. The Committee shall make periodic
21recommendations to the State Superintendent of Education and
22the General Assembly concerning the assessments.
23    (k) The State Board of Education may adopt rules to
24implement this Section.
25(Source: P.A. 98-972, eff. 8-15-14.)
 

 

 

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1    (105 ILCS 5/2-3.162)
2    Sec. 2-3.162 2-3.160. Student discipline report; school
3discipline improvement plan.
4    (a) On or before October 31, 2015 and on or before October
531 of each subsequent year, the State Board of Education,
6through the State Superintendent of Education, shall prepare a
7report on student discipline in all school districts in this
8State, including State-authorized charter schools. This report
9shall include data from all public schools within school
10districts, including district-authorized charter schools. This
11report must be posted on the Internet website of the State
12Board of Education. The report shall include data on the
13issuance of out-of-school suspensions, expulsions, and
14removals to alternative settings in lieu of another
15disciplinary action, disaggregated by race and ethnicity,
16gender, age, grade level, whether a student is an English
17learner limited English proficiency, incident type, and
18discipline duration.
19    (b) The State Board of Education shall analyze the data
20under subsection (a) of this Section on an annual basis and
21determine the top 20% of school districts for the following
22metrics:
23        (1) Total number of out-of-school suspensions divided
24    by the total district enrollment by the last school day in
25    September for the year in which the data was collected,
26    multiplied by 100.

 

 

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1        (2) Total number of out-of-school expulsions divided
2    by the total district enrollment by the last school day in
3    September for the year in which the data was collected,
4    multiplied by 100.
5        (3) Racial disproportionality, defined as the
6    overrepresentation of students of color or white students
7    in comparison to the total number of students of color or
8    white students on October 1st of the school year in which
9    data are collected, with respect to the use of
10    out-of-school suspensions and expulsions, which must be
11    calculated using the same method as the U.S. Department of
12    Education's Office for Civil Rights uses.
13    The analysis must be based on data collected over 3
14consecutive school years, beginning with the 2014-2015 school
15year.
16    Beginning with the 2017-2018 school year, the State Board
17of Education shall require each of the school districts that
18are identified in the top 20% of any of the metrics described
19in this subsection (b) for 3 consecutive years to submit a plan
20identifying the strategies the school district will implement
21to reduce the use of exclusionary disciplinary practices or
22racial disproportionality or both, if applicable. School
23districts that no longer meet the criteria described in any of
24the metrics described in this subsection (b) for 3 consecutive
25years shall no longer be required to submit a plan.
26    This plan may be combined with any other improvement plans

 

 

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1required under federal or State law.
2    The calculation of the top 20% of any of the metrics
3described in this subsection (b) shall exclude all school
4districts, State-authorized charter schools, and special
5charter districts that issued fewer than a total of 10
6out-of-school suspensions or expulsions, whichever is
7applicable, during the school year. The calculation of the top
820% of metric described in subdivision (3) of this subsection
9(b) shall exclude all school districts with an enrollment of
10fewer than 50 white students or fewer than 50 students of
11color.
12    The plan must be approved at a public school board meeting
13and posted on the school district's Internet website. Within
14one year after being identified, the school district shall
15submit to the State Board of Education and post on the
16district's Internet website a progress report describing the
17implementation of the plan and the results achieved.
18(Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)
 
19    (105 ILCS 5/3-1)  (from Ch. 122, par. 3-1)
20    Sec. 3-1. Election; eligibility. Quadrennially there shall
21be elected in every county, except those which have been
22consolidated into a multicounty educational service region
23under Article 3A and except those having a population of
242,000,000 or more inhabitants, a regional superintendent of
25schools, who shall enter upon the discharge of his duties on

 

 

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1the first Monday of August next after his election; provided,
2however, that the term of office of each regional
3superintendent of schools in office on June 30, 2003 is
4terminated on July 1, 2003, except that an incumbent regional
5superintendent of schools shall continue to serve until his
6successor is elected and qualified, and each regional
7superintendent of schools elected at the general election in
82002 and every four years thereafter shall assume office on the
9first day of July next after his election. No one is eligible
10to file his petition at any primary election for the nomination
11as candidate for the office of regional superintendent of
12schools nor to enter upon the duties of such office either by
13election or appointment unless he possesses the following
14qualifications: (1) he is of good character, (2) he has a
15master's degree, (3) he has earned at least 20 semester hours
16of credit in professional education at the graduate level, (4)
17he holds a valid all grade supervisory license, certificate or
18a valid State state limited supervisory license certificate, or
19a valid state life supervisory license certificate, or a valid
20administrative license certificate, (5) he has had at least 4
21years experience in teaching, and (6) he was engaged for at
22least 2 years of the 4 previous years in full time teaching or
23supervising in the common public schools or serving as a county
24superintendent of schools or regional superintendent of
25schools for an educational service region in the State of
26Illinois.

 

 

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1    No petition of any candidate for nomination for the office
2of regional superintendent of schools may be filed and no such
3candidate's name may be placed on a primary or general election
4ballot, unless such candidate files as part of his petition a
5certificate from the State Board of Education certifying that
6from the records of its office such candidate has the
7qualifications required by this Section; however, any
8incumbent filing his petition for nomination for a succeeding
9term of office shall not be required to attach such certificate
10to his petition of candidacy.
11    Nomination papers filed under this Section are not valid
12unless the candidate named therein files with the county clerk
13or State Board of Elections a statement of economic interests
14as required by the Illinois Governmental Ethics Act. Such
15receipt shall be so filed either previously during the calendar
16year in which his nomination papers were filed or within the
17period for the filing of nomination papers in accordance with
18the general election law.
19    The changes in qualifications made by Public Act 76-1563 do
20not affect the right of an incumbent to seek reelection.
21    On and after July 1, 1994, the provisions of this Section
22shall have no application in any educational service region
23having a population of 2,000,000 or more inhabitants; provided
24further that no election shall be held in November of 1994 or
25at any other time after July 1, 1992 for the office of regional
26superintendent of schools in any county or educational service

 

 

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1region having a population of 2,000,000 or more inhabitants.
2(Source: P.A. 96-893, eff. 7-1-10.)
 
3    (105 ILCS 5/3-2.5)
4    Sec. 3-2.5. Salaries.
5    (a) Except as otherwise provided in this Section, the
6regional superintendents of schools shall receive for their
7services an annual salary according to the population, as
8determined by the last preceding federal census, of the region
9they serve, as set out in the following schedule:
10SALARIES OF REGIONAL SUPERINTENDENTS OF
11SCHOOLS
12    POPULATION OF REGION                 ANNUAL SALARY
13    Less than 48,000                     $73,500
14    61,000 48,000 to 99,999               $78,000
15    100,000 to 999,999                   $81,500
16    1,000,000 and over                   $83,500
17    The changes made by Public Act 86-98 in the annual salary
18that the regional superintendents of schools shall receive for
19their services shall apply to the annual salary received by the
20regional superintendents of schools during each of their
21elected terms of office that commence after July 26, 1989 and
22before the first Monday of August, 1995.
23    The changes made by Public Act 89-225 in the annual salary
24that regional superintendents of schools shall receive for
25their services shall apply to the annual salary received by the

 

 

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1regional superintendents of schools during their elected terms
2of office that commence after August 4, 1995 and end on August
31, 1999.
4    The changes made by this amendatory Act of the 91st General
5Assembly in the annual salary that the regional superintendents
6of schools shall receive for their services shall apply to the
7annual salary received by the regional superintendents of
8schools during each of their elected terms of office that
9commence on or after August 2, 1999.
10    Beginning July 1, 2000, the salary that the regional
11superintendent of schools receives for his or her services
12shall be adjusted annually to reflect the percentage increase,
13if any, in the most recent Consumer Price Index, as defined and
14officially reported by the United States Department of Labor,
15Bureau of Labor Statistics, except that no annual increment may
16exceed 2.9%. If the percentage of change in the Consumer Price
17Index is a percentage decrease, the salary that the regional
18superintendent of schools receives shall not be adjusted for
19that year.
20    When regional superintendents are authorized by the School
21Code to appoint assistant regional superintendents, the
22assistant regional superintendent shall receive an annual
23salary based on his or her qualifications and computed as a
24percentage of the salary of the regional superintendent to whom
25he or she is assistant, as set out in the following schedule:

 

 

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1SALARIES OF ASSISTANT REGIONAL
2SUPERINTENDENTS
3    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
4    ASSISTANT REGIONAL                   OF REGIONAL
5    SUPERINTENDENT                       SUPERINTENDENT
6    No Bachelor's degree, but State
7    certificate valid for teaching
8    and supervising.                     70%    
9    Bachelor's degree plus
10    State license certificate valid
11    for supervising.                     75%    
12    Master's degree plus
13    State license certificate valid
14    for supervising.                     90%    
15    However, in any region in which the appointment of more
16than one assistant regional superintendent is authorized,
17whether by Section 3-15.10 of this Code or otherwise, not more
18than one assistant may be compensated at the 90% rate and any
19other assistant shall be paid at not exceeding the 75% rate, in
20each case depending on the qualifications of the assistant.
21    The salaries provided in this Section plus an amount for
22other employment-related compensation or benefits for regional
23superintendents and assistant regional superintendents are
24payable monthly by the State Board of Education out of the
25Personal Property Tax Replacement Fund through a specific
26appropriation to that effect in the State Board of Education

 

 

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1budget. The State Comptroller in making his or her warrant to
2any county for the amount due it from the Personal Property Tax
3Replacement Fund shall deduct from it the several amounts for
4which warrants have been issued to the regional superintendent,
5and any assistant regional superintendent, of the educational
6service region encompassing the county since the preceding
7apportionment from the Personal Property Tax Replacement Fund.
8    County boards may provide for additional compensation for
9the regional superintendent or the assistant regional
10superintendents, or for each of them, to be paid quarterly from
11the county treasury.
12    (b) Upon abolition of the office of regional superintendent
13of schools in educational service regions containing 2,000,000
14or more inhabitants as provided in Section 3-0.01 of this Code,
15the funds provided under subsection (a) of this Section shall
16continue to be appropriated and reallocated, as provided for
17pursuant to subsection (b) of Section 3-0.01 of this Code, to
18the educational service centers established pursuant to
19Section 2-3.62 of this Code for an educational service region
20containing 2,000,000 or more inhabitants.
21    (c) If the State pays all or any portion of the employee
22contributions required under Section 16-152 of the Illinois
23Pension Code for employees of the State Board of Education, it
24shall also, subject to appropriation in the State Board of
25Education budget for such payments to Regional Superintendents
26and Assistant Regional Superintendents, pay the employee

 

 

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1contributions required of regional superintendents of schools
2and assistant regional superintendents of schools on the same
3basis, but excluding any contributions based on compensation
4that is paid by the county rather than the State.
5    This subsection (c) applies to contributions based on
6payments of salary earned after the effective date of this
7amendatory Act of the 91st General Assembly, except that in the
8case of an elected regional superintendent of schools, this
9subsection does not apply to contributions based on payments of
10salary earned during a term of office that commenced before the
11effective date of this amendatory Act.
12(Source: P.A. 97-333, eff. 8-12-11; 97-619, eff. 11-14-11;
1397-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
14    (105 ILCS 5/3-11)  (from Ch. 122, par. 3-11)
15    Sec. 3-11. Institutes or inservice training workshops. In
16counties of less than 2,000,000 inhabitants, the regional
17superintendent may arrange for or conduct district, regional,
18or county institutes, or equivalent professional educational
19experiences, not more than 4 days annually. Of those 4 days, 2
20days may be used as a teacher's and educational support
21personnel workshop, when approved by the regional
22superintendent, up to 2 days may be used for conducting
23parent-teacher conferences, or up to 2 days may be utilized as
24parental institute days as provided in Section 10-22.18d.
25Educational support personnel may be exempt from a workshop if

 

 

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1the workshop is not relevant to the work they do. A school
2district may use one of its 4 institute days on the last day of
3the school term. "Institute" or "Professional educational
4experiences" means any educational gathering, demonstration of
5methods of instruction, visitation of schools or other
6institutions or facilities, sexual abuse and sexual assault
7awareness seminar, or training in First Aid (which may include
8cardiopulmonary resuscitation or defibrillator training) held
9or approved by the regional superintendent and declared by him
10to be an institute day, or parent-teacher conferences. With the
11concurrence of the State Superintendent of Education, he or she
12may employ such assistance as is necessary to conduct the
13institute. Two or more adjoining counties may jointly hold an
14institute. Institute instruction shall be free to holders of
15licenses certificates good in the county or counties holding
16the institute, and to those who have paid an examination fee
17and failed to receive a license certificate.
18    In counties of 2,000,000 or more inhabitants, the regional
19superintendent may arrange for or conduct district, regional,
20or county inservice training workshops, or equivalent
21professional educational experiences, not more than 4 days
22annually. Of those 4 days, 2 days may be used as a teacher's
23and educational support personnel workshop, when approved by
24the regional superintendent, up to 2 days may be used for
25conducting parent-teacher conferences, or up to 2 days may be
26utilized as parental institute days as provided in Section

 

 

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110-22.18d. Educational support personnel may be exempt from a
2workshop if the workshop is not relevant to the work they do. A
3school district may use one of those 4 days on the last day of
4the school term. "Inservice Training Workshops" or
5"Professional educational experiences" means any educational
6gathering, demonstration of methods of instruction, visitation
7of schools or other institutions or facilities, sexual abuse
8and sexual assault awareness seminar, or training in First Aid
9(which may include cardiopulmonary resuscitation or
10defibrillator training) held or approved by the regional
11superintendent and declared by him to be an inservice training
12workshop, or parent-teacher conferences. With the concurrence
13of the State Superintendent of Education, he may employ such
14assistance as is necessary to conduct the inservice training
15workshop. With the approval of the regional superintendent, 2
16or more adjoining districts may jointly hold an inservice
17training workshop. In addition, with the approval of the
18regional superintendent, one district may conduct its own
19inservice training workshop with subject matter consultants
20requested from the county, State or any State institution of
21higher learning.
22    Such teachers institutes as referred to in this Section may
23be held on consecutive or separate days at the option of the
24regional superintendent having jurisdiction thereof.
25    Whenever reference is made in this Act to "teachers
26institute", it shall be construed to include the inservice

 

 

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1training workshops or equivalent professional educational
2experiences provided for in this Section.
3    Any institute advisory committee existing on April 1, 1995,
4is dissolved and the duties and responsibilities of the
5institute advisory committee are assumed by the regional office
6of education advisory board.
7    Districts providing inservice training programs shall
8constitute inservice committees, 1/2 of which shall be
9teachers, 1/4 school service personnel and 1/4 administrators
10to establish program content and schedules.
11    The teachers institutes shall include teacher training
12committed to (i) peer counseling programs and other
13anti-violence and conflict resolution programs, including
14without limitation programs for preventing at risk students
15from committing violent acts, and (ii) educator ethics and
16teacher-student conduct. Beginning with the 2009-2010 school
17year, the teachers institutes shall include instruction on
18prevalent student chronic health conditions.
19(Source: P.A. 96-431, eff. 8-13-09; 97-525, eff. 1-1-12.)
 
20    (105 ILCS 5/3-15.6)  (from Ch. 122, par. 3-15.6)
21    Sec. 3-15.6. Additional employees. To employ, with the
22approval of the county board, such additional employees as are
23needed for the discharge of the duties of the office. The
24non-clerical employees shall be persons versed in the
25principles and methods of education, familiar with public

 

 

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1school work, competent to visit schools, and licensed
2certificated pursuant to this Code if their duties are
3comparable to those for which licensure certification is
4required by this Code.
5    On and after July 1, 1994, the provisions of this Section
6shall have no application in any educational service region
7having a population of 2,000,000 or more inhabitants.
8(Source: P.A. 86-361; 87-654; 87-1251.)
 
9    (105 ILCS 5/3-15.10)  (from Ch. 122, par. 3-15.10)
10    Sec. 3-15.10. Assistant Regional Superintendent. To
11employ, in counties or regions of 2,000,000 inhabitants or
12less, in addition to any assistants authorized to be employed
13with the approval of the county board, an assistant regional
14superintendent of schools, who shall be a person of good
15attainment, versed in the principles and methods of education,
16and qualified to teach and supervise schools under Article 21B
17of this Code 21 of this Act; to fix the term of such assistant;
18and to direct his work and define his duties. On the effective
19date of this amendatory Act of the 96th General Assembly, in
20regions established within that portion of a Class II county
21school unit outside of a city of 500,000 or more inhabitants,
22the employment of all persons serving as assistant county or
23regional superintendents of schools is terminated, the
24position of assistant regional superintendent of schools in
25each such region is abolished, and this Section shall,

 

 

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1beginning on the effective date of this amendatory Act of the
296th General Assembly, have no further application in the
3educational service region. Assistant regional superintendents
4shall each be a person of good attainment, versed in the
5principles and methods of education, and qualified to teach and
6supervise schools under Article 21B of this Code 21 of this
7Act. The work of such assistant regional superintendent shall
8be so arranged and directed that the county or regional
9superintendent and assistant superintendent, together, shall
10devote an amount of time during the school year, equal to at
11least the full time of one individual, to the supervision of
12schools and of teaching in the schools of the county.
13    A regional superintendent of schools shall not employ his
14or her spouse, child, stepchild, or relative as an assistant
15regional superintendent of schools. By September 1 each year, a
16regional superintendent shall certify to the State Board of
17Education that he or she has complied with this paragraph. If
18the State Board of Education becomes aware of the fact that a
19regional superintendent is employing his or her spouse, child,
20stepchild, or relative as an assistant regional
21superintendent, the State Board of Education shall report this
22information to the Governor and the Comptroller, and the State
23Board of Education shall not request for payment from the State
24Comptroller any warrants for the payment of the assistant
25regional superintendent's salary or other employment-related
26compensation or benefits. In this paragraph, "relative" means a

 

 

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1grandparent, parent, aunt, uncle, sibling, first cousin,
2nephew, niece, grandchild, or spouse of one of these persons.
3This paragraph applies only to contracts for employment entered
4into on or after the effective date of this amendatory Act of
5the 91st General Assembly.
6(Source: P.A. 96-893, eff. 7-1-10; 97-619, eff. 11-14-11.)
 
7    (105 ILCS 5/3-15.17)
8    Sec. 3-15.17. Civic education advancement.
9    (a) The General Assembly finds that civic education and
10participation are fundamental elements of a healthy democracy,
11and schools are in need of support to identify civic learning
12opportunities and to implement new strategies to prepare and
13sustain high quality citizenship among their student body.
14    (b) Subject to appropriation, funding for civic education
15professional development for high school teachers must be
16provided by line item appropriation made to the State Board of
17Education for that purpose. When appropriated, the State Board
18of Education must provide this funding to each regional
19superintendent of schools based on high school enrollment as
20reported on the State Board of Education's most recent fall
21enrollment and housing report, except that 20% of each annual
22appropriation must be reserved for a school district organized
23under Article 34 of this Code.
24    (c) In order to establish eligibility for one or more of
25its schools to receive funding under this Section, a school

 

 

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1district shall submit to its regional superintendent of schools
2an application, accompanied by a completed civic audit, for
3each school. A regional superintendent shall award funds to a
4district based on the number of teachers identified by the
5district to receive professional development multiplied by
6$250. A district must not be awarded more than $3,000 in any
7year, unless additional funds remain available after all
8eligible applicants have received funding. A district may not
9use funds authorized under this Section in any school more than
10once every 2 years. Funds provided under this Section must be
11used exclusively for professional development provided by
12entities that are approved providers for purposes of license
13certificate renewal under Section 21B-45 21-14 of this Code.
14    (d) The civic audit form and its content must be designed
15and updated as deemed necessary by the Illinois Civic Mission
16Coalition. Data from completed civic audits must be processed
17by the Illinois Civic Mission Coalition. The civic audit must
18be made available by the Illinois Civic Mission Coalition and
19must be designed to provide teachers and principals with a
20blueprint to better understand how current curriculum, service
21learning, and extracurricular activities are providing civic
22learning experiences for their students.
23(Source: P.A. 95-225, eff. 8-16-07.)
 
24    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
25    Sec. 10-17a. State, school district, and school report

 

 

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1cards.
2    (1) By October 31, 2013 and October 31 of each subsequent
3school year, the State Board of Education, through the State
4Superintendent of Education, shall prepare a State report card,
5school district report cards, and school report cards, and
6shall by the most economic means provide to each school
7district in this State, including special charter districts and
8districts subject to the provisions of Article 34, the report
9cards for the school district and each of its schools.
10    (2) In addition to any information required by federal law,
11the State Superintendent shall determine the indicators and
12presentation of the school report card, which must include, at
13a minimum, the most current data possessed by the State Board
14of Education related to the following:
15        (A) school characteristics and student demographics,
16    including average class size, average teaching experience,
17    student racial/ethnic breakdown, and the percentage of
18    students classified as low-income; the percentage of
19    students classified as limited English learners
20    proficiency; the percentage of students who have
21    individualized education plans or 504 plans that provide
22    for special education services; the percentage of students
23    who annually transferred in or out of the school district;
24    the per-pupil operating expenditure of the school
25    district; and the per-pupil State average operating
26    expenditure for the district type (elementary, high

 

 

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1    school, or unit);
2        (B) curriculum information, including, where
3    applicable, Advanced Placement, International
4    Baccalaureate or equivalent courses, dual enrollment
5    courses, foreign language classes, school personnel
6    resources (including Career Technical Education teachers),
7    before and after school programs, extracurricular
8    activities, subjects in which elective classes are
9    offered, health and wellness initiatives (including the
10    average number of days of Physical Education per week per
11    student), approved programs of study, awards received,
12    community partnerships, and special programs such as
13    programming for the gifted and talented, students with
14    disabilities, and work-study students;
15        (C) student outcomes, including, where applicable, the
16    percentage of students meeting as well as exceeding State
17    standards on assessments, the percentage of students in the
18    eighth grade who pass Algebra, the percentage of students
19    enrolled in post-secondary institutions (including
20    colleges, universities, community colleges,
21    trade/vocational schools, and training programs leading to
22    career certification within 2 semesters of high school
23    graduation), the percentage of students graduating from
24    high school who are college ready, the percentage of
25    students graduating from high school who are career ready,
26    and the percentage of graduates enrolled in community

 

 

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1    colleges, colleges, and universities who are in one or more
2    courses that the community college, college, or university
3    identifies as a remedial course;
4        (D) student progress, including, where applicable, the
5    percentage of students in the ninth grade who have earned 5
6    credits or more without failing more than one core class, a
7    measure of students entering kindergarten ready to learn, a
8    measure of growth, and the percentage of students who enter
9    high school on track for college and career readiness; and
10        (E) the school environment, including, where
11    applicable, the percentage of students with less than 10
12    absences in a school year, the percentage of teachers with
13    less than 10 absences in a school year for reasons other
14    than professional development, leaves taken pursuant to
15    the federal Family Medical Leave Act of 1993, long-term
16    disability, or parental leaves, the 3-year average of the
17    percentage of teachers returning to the school from the
18    previous year, the number of different principals at the
19    school in the last 6 years, 2 or more indicators from any
20    school climate survey selected or approved by the State and
21    administered pursuant to Section 2-3.153 of this Code, with
22    the same or similar indicators included on school report
23    cards for all surveys selected or approved by the State
24    pursuant to Section 2-3.153 of this Code, and the combined
25    percentage of teachers rated as proficient or excellent in
26    their most recent evaluation.

 

 

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1    The school report card shall also provide information that
2allows for comparing the current outcome, progress, and
3environment data to the State average, to the school data from
4the past 5 years, and to the outcomes, progress, and
5environment of similar schools based on the type of school and
6enrollment of low-income students, special education students,
7and limited English learners proficiency students.
8    (3) At the discretion of the State Superintendent, the
9school district report card shall include a subset of the
10information identified in paragraphs (A) through (E) of
11subsection (2) of this Section, as well as information relating
12to the operating expense per pupil and other finances of the
13school district, and the State report card shall include a
14subset of the information identified in paragraphs (A) through
15(E) of subsection (2) of this Section.
16    (4) Notwithstanding anything to the contrary in this
17Section, in consultation with key education stakeholders, the
18State Superintendent shall at any time have the discretion to
19amend or update any and all metrics on the school, district, or
20State report card.
21    (5) Annually, no more than 30 calendar days after receipt
22of the school district and school report cards from the State
23Superintendent of Education, each school district, including
24special charter districts and districts subject to the
25provisions of Article 34, shall present such report cards at a
26regular school board meeting subject to applicable notice

 

 

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1requirements, post the report cards on the school district's
2Internet web site, if the district maintains an Internet web
3site, make the report cards available to a newspaper of general
4circulation serving the district, and, upon request, send the
5report cards home to a parent (unless the district does not
6maintain an Internet web site, in which case the report card
7shall be sent home to parents without request). If the district
8posts the report card on its Internet web site, the district
9shall send a written notice home to parents stating (i) that
10the report card is available on the web site, (ii) the address
11of the web site, (iii) that a printed copy of the report card
12will be sent to parents upon request, and (iv) the telephone
13number that parents may call to request a printed copy of the
14report card.
15    (6) Nothing contained in this amendatory Act of the 98th
16General Assembly repeals, supersedes, invalidates, or
17nullifies final decisions in lawsuits pending on the effective
18date of this amendatory Act of the 98th General Assembly in
19Illinois courts involving the interpretation of Public Act
2097-8.
21(Source: P.A. 97-671, eff. 1-24-12; 98-463, eff. 8-16-13;
2298-648, eff. 7-1-14.)
 
23    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
24    Sec. 14-8.02. Identification, Evaluation and Placement of
25Children.

 

 

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1    (a) The State Board of Education shall make rules under
2which local school boards shall determine the eligibility of
3children to receive special education. Such rules shall ensure
4that a free appropriate public education be available to all
5children with disabilities as defined in Section 14-1.02. The
6State Board of Education shall require local school districts
7to administer non-discriminatory procedures or tests to
8limited English learners proficiency students coming from
9homes in which a language other than English is used to
10determine their eligibility to receive special education. The
11placement of low English proficiency students in special
12education programs and facilities shall be made in accordance
13with the test results reflecting the student's linguistic,
14cultural and special education needs. For purposes of
15determining the eligibility of children the State Board of
16Education shall include in the rules definitions of "case
17study", "staff conference", "individualized educational
18program", and "qualified specialist" appropriate to each
19category of children with disabilities as defined in this
20Article. For purposes of determining the eligibility of
21children from homes in which a language other than English is
22used, the State Board of Education shall include in the rules
23definitions for "qualified bilingual specialists" and
24"linguistically and culturally appropriate individualized
25educational programs". For purposes of this Section, as well as
26Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,

 

 

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1"parent" means a parent as defined in the federal Individuals
2with Disabilities Education Act (20 U.S.C. 1401(23)).
3    (b) No child shall be eligible for special education
4facilities except with a carefully completed case study fully
5reviewed by professional personnel in a multidisciplinary
6staff conference and only upon the recommendation of qualified
7specialists or a qualified bilingual specialist, if available.
8At the conclusion of the multidisciplinary staff conference,
9the parent of the child shall be given a copy of the
10multidisciplinary conference summary report and
11recommendations, which includes options considered, and be
12informed of their right to obtain an independent educational
13evaluation if they disagree with the evaluation findings
14conducted or obtained by the school district. If the school
15district's evaluation is shown to be inappropriate, the school
16district shall reimburse the parent for the cost of the
17independent evaluation. The State Board of Education shall,
18with advice from the State Advisory Council on Education of
19Children with Disabilities on the inclusion of specific
20independent educational evaluators, prepare a list of
21suggested independent educational evaluators. The State Board
22of Education shall include on the list clinical psychologists
23licensed pursuant to the Clinical Psychologist Licensing Act.
24Such psychologists shall not be paid fees in excess of the
25amount that would be received by a school psychologist for
26performing the same services. The State Board of Education

 

 

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1shall supply school districts with such list and make the list
2available to parents at their request. School districts shall
3make the list available to parents at the time they are
4informed of their right to obtain an independent educational
5evaluation. However, the school district may initiate an
6impartial due process hearing under this Section within 5 days
7of any written parent request for an independent educational
8evaluation to show that its evaluation is appropriate. If the
9final decision is that the evaluation is appropriate, the
10parent still has a right to an independent educational
11evaluation, but not at public expense. An independent
12educational evaluation at public expense must be completed
13within 30 days of a parent written request unless the school
14district initiates an impartial due process hearing or the
15parent or school district offers reasonable grounds to show
16that such 30 day time period should be extended. If the due
17process hearing decision indicates that the parent is entitled
18to an independent educational evaluation, it must be completed
19within 30 days of the decision unless the parent or the school
20district offers reasonable grounds to show that such 30 day
21period should be extended. If a parent disagrees with the
22summary report or recommendations of the multidisciplinary
23conference or the findings of any educational evaluation which
24results therefrom, the school district shall not proceed with a
25placement based upon such evaluation and the child shall remain
26in his or her regular classroom setting. No child shall be

 

 

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1eligible for admission to a special class for the educable
2mentally disabled or for the trainable mentally disabled except
3with a psychological evaluation and recommendation by a school
4psychologist. Consent shall be obtained from the parent of a
5child before any evaluation is conducted. If consent is not
6given by the parent or if the parent disagrees with the
7findings of the evaluation, then the school district may
8initiate an impartial due process hearing under this Section.
9The school district may evaluate the child if that is the
10decision resulting from the impartial due process hearing and
11the decision is not appealed or if the decision is affirmed on
12appeal. The determination of eligibility shall be made and the
13IEP meeting shall be completed within 60 school days from the
14date of written parental consent. In those instances when
15written parental consent is obtained with fewer than 60 pupil
16attendance days left in the school year, the eligibility
17determination shall be made and the IEP meeting shall be
18completed prior to the first day of the following school year.
19Special education and related services must be provided in
20accordance with the student's IEP no later than 10 school
21attendance days after notice is provided to the parents
22pursuant to Section 300.503 of Title 34 of the Code of Federal
23Regulations and implementing rules adopted by the State Board
24of Education. The appropriate program pursuant to the
25individualized educational program of students whose native
26tongue is a language other than English shall reflect the

 

 

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1special education, cultural and linguistic needs. No later than
2September 1, 1993, the State Board of Education shall establish
3standards for the development, implementation and monitoring
4of appropriate bilingual special individualized educational
5programs. The State Board of Education shall further
6incorporate appropriate monitoring procedures to verify
7implementation of these standards. The district shall indicate
8to the parent and the State Board of Education the nature of
9the services the child will receive for the regular school term
10while waiting placement in the appropriate special education
11class.
12    If the child is deaf, hard of hearing, blind, or visually
13impaired and he or she might be eligible to receive services
14from the Illinois School for the Deaf or the Illinois School
15for the Visually Impaired, the school district shall notify the
16parents, in writing, of the existence of these schools and the
17services they provide and shall make a reasonable effort to
18inform the parents of the existence of other, local schools
19that provide similar services and the services that these other
20schools provide. This notification shall include without
21limitation information on school services, school admissions
22criteria, and school contact information.
23    In the development of the individualized education program
24for a student who has a disability on the autism spectrum
25(which includes autistic disorder, Asperger's disorder,
26pervasive developmental disorder not otherwise specified,

 

 

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1childhood disintegrative disorder, and Rett Syndrome, as
2defined in the Diagnostic and Statistical Manual of Mental
3Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
4consider all of the following factors:
5        (1) The verbal and nonverbal communication needs of the
6    child.
7        (2) The need to develop social interaction skills and
8    proficiencies.
9        (3) The needs resulting from the child's unusual
10    responses to sensory experiences.
11        (4) The needs resulting from resistance to
12    environmental change or change in daily routines.
13        (5) The needs resulting from engagement in repetitive
14    activities and stereotyped movements.
15        (6) The need for any positive behavioral
16    interventions, strategies, and supports to address any
17    behavioral difficulties resulting from autism spectrum
18    disorder.
19        (7) Other needs resulting from the child's disability
20    that impact progress in the general curriculum, including
21    social and emotional development.
22Public Act 95-257 does not create any new entitlement to a
23service, program, or benefit, but must not affect any
24entitlement to a service, program, or benefit created by any
25other law.
26    If the student may be eligible to participate in the

 

 

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1Home-Based Support Services Program for Mentally Disabled
2Adults authorized under the Developmental Disability and
3Mental Disability Services Act upon becoming an adult, the
4student's individualized education program shall include plans
5for (i) determining the student's eligibility for those
6home-based services, (ii) enrolling the student in the program
7of home-based services, and (iii) developing a plan for the
8student's most effective use of the home-based services after
9the student becomes an adult and no longer receives special
10educational services under this Article. The plans developed
11under this paragraph shall include specific actions to be taken
12by specified individuals, agencies, or officials.
13    (c) In the development of the individualized education
14program for a student who is functionally blind, it shall be
15presumed that proficiency in Braille reading and writing is
16essential for the student's satisfactory educational progress.
17For purposes of this subsection, the State Board of Education
18shall determine the criteria for a student to be classified as
19functionally blind. Students who are not currently identified
20as functionally blind who are also entitled to Braille
21instruction include: (i) those whose vision loss is so severe
22that they are unable to read and write at a level comparable to
23their peers solely through the use of vision, and (ii) those
24who show evidence of progressive vision loss that may result in
25functional blindness. Each student who is functionally blind
26shall be entitled to Braille reading and writing instruction

 

 

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1that is sufficient to enable the student to communicate with
2the same level of proficiency as other students of comparable
3ability. Instruction should be provided to the extent that the
4student is physically and cognitively able to use Braille.
5Braille instruction may be used in combination with other
6special education services appropriate to the student's
7educational needs. The assessment of each student who is
8functionally blind for the purpose of developing the student's
9individualized education program shall include documentation
10of the student's strengths and weaknesses in Braille skills.
11Each person assisting in the development of the individualized
12education program for a student who is functionally blind shall
13receive information describing the benefits of Braille
14instruction. The individualized education program for each
15student who is functionally blind shall specify the appropriate
16learning medium or media based on the assessment report.
17    (d) To the maximum extent appropriate, the placement shall
18provide the child with the opportunity to be educated with
19children who are not disabled; provided that children with
20disabilities who are recommended to be placed into regular
21education classrooms are provided with supplementary services
22to assist the children with disabilities to benefit from the
23regular classroom instruction and are included on the teacher's
24regular education class register. Subject to the limitation of
25the preceding sentence, placement in special classes, separate
26schools or other removal of the disabled child from the regular

 

 

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1educational environment shall occur only when the nature of the
2severity of the disability is such that education in the
3regular classes with the use of supplementary aids and services
4cannot be achieved satisfactorily. The placement of limited
5English learners proficiency students with disabilities shall
6be in non-restrictive environments which provide for
7integration with non-disabled peers in bilingual classrooms.
8Annually, each January, school districts shall report data on
9students from non-English speaking backgrounds receiving
10special education and related services in public and private
11facilities as prescribed in Section 2-3.30. If there is a
12disagreement between parties involved regarding the special
13education placement of any child, either in-state or
14out-of-state, the placement is subject to impartial due process
15procedures described in Article 10 of the Rules and Regulations
16to Govern the Administration and Operation of Special
17Education.
18    (e) No child who comes from a home in which a language
19other than English is the principal language used may be
20assigned to any class or program under this Article until he
21has been given, in the principal language used by the child and
22used in his home, tests reasonably related to his cultural
23environment. All testing and evaluation materials and
24procedures utilized for evaluation and placement shall not be
25linguistically, racially or culturally discriminatory.
26    (f) Nothing in this Article shall be construed to require

 

 

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1any child to undergo any physical examination or medical
2treatment whose parents object thereto on the grounds that such
3examination or treatment conflicts with his religious beliefs.
4    (g) School boards or their designee shall provide to the
5parents of a child prior written notice of any decision (a)
6proposing to initiate or change, or (b) refusing to initiate or
7change, the identification, evaluation, or educational
8placement of the child or the provision of a free appropriate
9public education to their child, and the reasons therefor. Such
10written notification shall also inform the parent of the
11opportunity to present complaints with respect to any matter
12relating to the educational placement of the student, or the
13provision of a free appropriate public education and to have an
14impartial due process hearing on the complaint. The notice
15shall inform the parents in the parents' native language,
16unless it is clearly not feasible to do so, of their rights and
17all procedures available pursuant to this Act and the federal
18Individuals with Disabilities Education Improvement Act of
192004 (Public Law 108-446); it shall be the responsibility of
20the State Superintendent to develop uniform notices setting
21forth the procedures available under this Act and the federal
22Individuals with Disabilities Education Improvement Act of
232004 (Public Law 108-446) to be used by all school boards. The
24notice shall also inform the parents of the availability upon
25request of a list of free or low-cost legal and other relevant
26services available locally to assist parents in initiating an

 

 

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1impartial due process hearing. Any parent who is deaf, or does
2not normally communicate using spoken English, who
3participates in a meeting with a representative of a local
4educational agency for the purposes of developing an
5individualized educational program shall be entitled to the
6services of an interpreter.
7    (g-5) For purposes of this subsection (g-5), "qualified
8professional" means an individual who holds credentials to
9evaluate the child in the domain or domains for which an
10evaluation is sought or an intern working under the direct
11supervision of a qualified professional, including a master's
12or doctoral degree candidate.
13    To ensure that a parent can participate fully and
14effectively with school personnel in the development of
15appropriate educational and related services for his or her
16child, the parent, an independent educational evaluator, or a
17qualified professional retained by or on behalf of a parent or
18child must be afforded reasonable access to educational
19facilities, personnel, classrooms, and buildings and to the
20child as provided in this subsection (g-5). The requirements of
21this subsection (g-5) apply to any public school facility,
22building, or program and to any facility, building, or program
23supported in whole or in part by public funds. Prior to
24visiting a school, school building, or school facility, the
25parent, independent educational evaluator, or qualified
26professional may be required by the school district to inform

 

 

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1the building principal or supervisor in writing of the proposed
2visit, the purpose of the visit, and the approximate duration
3of the visit. The visitor and the school district shall arrange
4the visit or visits at times that are mutually agreeable.
5Visitors shall comply with school safety, security, and
6visitation policies at all times. School district visitation
7policies must not conflict with this subsection (g-5). Visitors
8shall be required to comply with the requirements of applicable
9privacy laws, including those laws protecting the
10confidentiality of education records such as the federal Family
11Educational Rights and Privacy Act and the Illinois School
12Student Records Act. The visitor shall not disrupt the
13educational process.
14        (1) A parent must be afforded reasonable access of
15    sufficient duration and scope for the purpose of observing
16    his or her child in the child's current educational
17    placement, services, or program or for the purpose of
18    visiting an educational placement or program proposed for
19    the child.
20        (2) An independent educational evaluator or a
21    qualified professional retained by or on behalf of a parent
22    or child must be afforded reasonable access of sufficient
23    duration and scope for the purpose of conducting an
24    evaluation of the child, the child's performance, the
25    child's current educational program, placement, services,
26    or environment, or any educational program, placement,

 

 

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1    services, or environment proposed for the child, including
2    interviews of educational personnel, child observations,
3    assessments, tests or assessments of the child's
4    educational program, services, or placement or of any
5    proposed educational program, services, or placement. If
6    one or more interviews of school personnel are part of the
7    evaluation, the interviews must be conducted at a mutually
8    agreed upon time, date, and place that do not interfere
9    with the school employee's school duties. The school
10    district may limit interviews to personnel having
11    information relevant to the child's current educational
12    services, program, or placement or to a proposed
13    educational service, program, or placement.
14    (h) (Blank).
15    (i) (Blank).
16    (j) (Blank).
17    (k) (Blank).
18    (l) (Blank).
19    (m) (Blank).
20    (n) (Blank).
21    (o) (Blank).
22(Source: P.A. 98-219, eff. 8-9-13.)
 
23    (105 ILCS 5/14-9.01)  (from Ch. 122, par. 14-9.01)
24    Sec. 14-9.01. Qualifications of teachers, other
25professional personnel and necessary workers. No person shall

 

 

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1be employed to teach any class or program authorized by this
2Article who does not hold a valid teacher's license certificate
3as provided by law and unless he has had such special training
4as the State Board of Education may require. No special license
5certificate or endorsement to a special license certificate
6issued under Section 21B-30 of this Code Section 21-4 on or
7after July 1, 1994, shall be valid for teaching students with
8visual disabilities unless the person to whom the license
9certificate or endorsement is issued has attained satisfactory
10performance on an examination that is designed to assess
11competency in Braille reading and writing skills according to
12standards that the State Board of Education may adopt. Evidence
13of successfully completing the examination of Braille reading
14and writing skills must be submitted to the State Board of
15Education prior to an applicant's taking examination of the
16content area subject matter knowledge test required under
17Section 21B-30 of this Code Section 21-1a. In Beginning July 1,
181995, in addition to other requirements, a candidate for a
19teaching license certification in the area of the deaf and hard
20of hearing granted by the Illinois State Board of Education for
21teaching deaf and hard of hearing students in grades pre-school
22through grade 12 must demonstrate a minimum proficiency in sign
23language as determined by the Illinois State Board of
24Education. All other professional personnel employed in any
25class, service, or program authorized by this Article shall
26hold such licenses certificates and shall have had such special

 

 

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1training as the State Board of Education may require; provided
2that in a school district organized under Article 34, the
3school district may employ speech and language pathologists who
4are licensed under the Illinois Speech-Language Pathology and
5Audiology Practice Act but who do not hold a license
6certificate issued under this the School Code if the district
7certifies that a chronic shortage of certified personnel
8exists. Nothing contained in this Act prohibits the school
9board from employing necessary workers to assist the teacher
10with the special educational facilities, except that all such
11necessary workers must have had such training as the State
12Board of Education may require.
13    No later than January 1, 1993, the State Board of Education
14shall develop, in consultation with the Advisory Council on the
15Education of Children with Disabilities and the Advisory
16Council on Bilingual Education, rules governing the
17qualifications for certification of teachers and school
18service personnel providing services to limited English
19learners proficient students receiving special education and
20related services.
21    The employment of any teacher in a special education
22program provided for in Sections 14-1.01 to 14-14.01,
23inclusive, shall be subject to the provisions of Sections 24-11
24to 24-16, inclusive. Any teacher employed in a special
25education program, prior to the effective date of this
26amendatory Act of 1987, in which 2 or more districts

 

 

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1participate shall enter upon contractual continued service in
2each of the participating districts subject to the provisions
3of Sections 24-11 to 24-16, inclusive.
4(Source: P.A. 92-651, eff. 7-11-02.)
 
5    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
6    Sec. 14C-1. The General Assembly finds that there are large
7numbers of children in this State who come from environments
8where the primary language is other than English. Experience
9has shown that public school classes in which instruction is
10given only in English are often inadequate for the education of
11children whose native tongue is another language. The General
12Assembly believes that a program of transitional bilingual
13education can meet the needs of these children and facilitate
14their integration into the regular public school curriculum.
15Therefore, pursuant to the policy of this State to ensure
16insure equal educational opportunity to every child, and in
17recognition of the educational needs of English learners
18children of limited English-speaking ability, it is the purpose
19of this Act to provide for the establishment of transitional
20bilingual education programs in the public schools, to provide
21supplemental financial assistance to help local school
22districts meet the extra costs of such programs, and to allow
23this State to directly or indirectly provide technical
24assistance and professional development to support
25transitional bilingual education programs statewide.

 

 

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1(Source: P.A. 96-1423, eff. 8-3-10.)
 
2    (105 ILCS 5/14C-2)  (from Ch. 122, par. 14C-2)
3    Sec. 14C-2. Definitions. Unless the context indicates
4otherwise, the terms used in this Article have the following
5meanings:
6    (a) "State Board" means the State Board of Education.
7    (b) "Certification Board" means the State Teacher
8Certification Board.
9    (c) "School District" means any school district
10established under this Code.
11    (d) "English learners" "Children of limited
12English-speaking ability" means (1) all children in grades
13pre-K through 12 who were not born in the United States, whose
14native tongue is a language other than English, and who are
15incapable of performing ordinary classwork in English; and (2)
16all children in grades pre-K through 12 who were born in the
17United States of parents possessing no or limited
18English-speaking ability and who are incapable of performing
19ordinary classwork in English.
20    (e) "Teacher of transitional bilingual education" means a
21teacher with a speaking and reading ability in a language other
22than English in which transitional bilingual education is
23offered and with communicative skills in English.
24    (f) "Program in transitional bilingual education" means a
25full-time program of instruction (1) in all those courses or

 

 

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1subjects which a child is required by law to receive and which
2are required by the child's school district, which shall be
3given in the native language of English learners the children
4of limited English-speaking ability who are enrolled in the
5program and also in English, (2) in the reading and writing of
6the native language of English learners the children of limited
7English-speaking ability who are enrolled in the program and in
8the oral language (listening and speaking), reading, and
9writing of English, and (3) in the history and culture of the
10country, territory, or geographic area which is the native land
11of the parents of English learners children of limited
12English-speaking ability who are enrolled in the program and in
13the history and culture of the United States; or a part-time
14program of instruction based on the educational needs of those
15English learners children of limited English-speaking ability
16who do not need a full-time program of instruction.
17(Source: P.A. 98-972, eff. 8-15-14.)
 
18    (105 ILCS 5/14C-3)  (from Ch. 122, par. 14C-3)
19    Sec. 14C-3. Language classification of children;
20establishment of program; period of participation;
21examination. Each school district shall ascertain, not later
22than the first day of March, under regulations prescribed by
23the State Board, the number of English learners children of
24limited English-speaking ability within the school district,
25and shall classify them according to the language of which they

 

 

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1possess a primary speaking ability, and their grade level, age
2or achievement level.
3    When, at the beginning of any school year, there is within
4an attendance center of a school district, not including
5children who are enrolled in existing private school systems,
620 or more English learners children of limited
7English-speaking ability in any such language classification,
8the school district shall establish, for each classification, a
9program in transitional bilingual education for the children
10therein. A school district may establish a program in
11transitional bilingual education with respect to any
12classification with less than 20 children therein, but should a
13school district decide not to establish such a program, the
14school district shall provide a locally determined
15transitional program of instruction which, based upon an
16individual student language assessment, provides content area
17instruction in a language other than English to the extent
18necessary to ensure that each student can benefit from
19educational instruction and achieve an early and effective
20transition into the regular school curriculum.
21    Every school-age English learner child of limited
22English-speaking ability not enrolled in existing private
23school systems shall be enrolled and participate in the program
24in transitional bilingual education established for the
25classification to which he belongs by the school district in
26which he resides for a period of 3 years or until such time as

 

 

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1he achieves a level of English language skills which will
2enable him to perform successfully in classes in which
3instruction is given only in English, whichever shall first
4occur.
5    An English learner A child of limited English-speaking
6ability enrolled in a program in transitional bilingual
7education may, in the discretion of the school district and
8subject to the approval of the child's parent or legal
9guardian, continue in that program for a period longer than 3
10years.
11    An examination in the oral language (listening and
12speaking), reading, and writing of English, as prescribed by
13the State Board, shall be administered annually to all English
14learners children of limited English-speaking ability enrolled
15and participating in a program in transitional bilingual
16education. No school district shall transfer an English learner
17a child of limited English-speaking ability out of a program in
18transitional bilingual education prior to his third year of
19enrollment therein unless the parents of the child approve the
20transfer in writing, and unless the child has received a score
21on said examination which, in the determination of the State
22Board, reflects a level of English language skills appropriate
23to his or her grade level.
24    If later evidence suggests that a child so transferred is
25still disabled by an inadequate command of English, he may be
26re-enrolled in the program for a length of time equal to that

 

 

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1which remained at the time he was transferred.
2(Source: P.A. 98-972, eff. 8-15-14.)
 
3    (105 ILCS 5/14C-5)  (from Ch. 122, par. 14C-5)
4    Sec. 14C-5. Nonresident children; enrollment and tuition;
5joint programs. A school district may allow a nonresident
6English learner child of limited English-speaking ability to
7enroll in or attend its program in transitional bilingual
8education, and the tuition for such a child shall be paid by
9the district in which he resides.
10    Any school district may join with any other school district
11or districts to provide the programs in transitional bilingual
12education required or permitted by this Article.
13(Source: P.A. 78-727.)
 
14    (105 ILCS 5/14C-7)  (from Ch. 122, par. 14C-7)
15    Sec. 14C-7. Participation in extracurricular activities of
16public schools. Instruction in courses of subjects included in
17a program of transitional bilingual education which are not
18mandatory may be given in a language other than English. In
19those courses or subjects in which verbalization is not
20essential to an understanding of the subject matter, including
21but not necessarily limited to art, music and physical
22education, English learners children of limited
23English-speaking ability shall participate fully with their
24English-speaking contemporaries in the regular public school

 

 

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1classes provided for said subjects. Each school district shall
2ensure to children enrolled in a program in transitional
3bilingual education practical and meaningful opportunity to
4participate fully in the extracurricular activities of the
5regular public schools in the district.
6(Source: P.A. 78-727.)
 
7    (105 ILCS 5/14C-9)  (from Ch. 122, par. 14C-9)
8    Sec. 14C-9. Tenure; minimum salaries. Any person employed
9as a teacher of transitional bilingual education whose teaching
10certificate was issued pursuant to Section 14C-8 (now repealed)
11of this Code Article shall have such employment credited to him
12or her for the purposes of determining under the provisions of
13this Code eligibility to enter upon contractual continued
14service; provided that such employment immediately precedes
15and is consecutive with the year in which such person becomes
16certified under Article 21 of this Code or licensed under
17Article 21B of this Code.
18    For the purposes of determining the minimum salaries
19payable to persons certified under Section 14C-8 (now repealed)
20of this Code Article, such persons shall be deemed to have been
21trained at a recognized institution of higher learning.
22(Source: P.A. 82-597.)
 
23    (105 ILCS 5/14C-11)  (from Ch. 122, par. 14C-11)
24    Sec. 14C-11. Preschool or summer school programs. A school

 

 

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1district may establish, on a full or part-time basis, preschool
2or summer school programs in transitional bilingual education
3for English learners children of limited English-speaking
4ability or join with the other school districts in establishing
5such preschool or summer programs. Preschool or summer programs
6in transitional bilingual education shall not substitute for
7programs in transitional bilingual education required to be
8provided during the regular school year.
9(Source: P.A. 78-727.)
 
10    (105 ILCS 5/27A-5)
11    Sec. 27A-5. Charter school; legal entity; requirements.
12    (a) A charter school shall be a public, nonsectarian,
13nonreligious, non-home based, and non-profit school. A charter
14school shall be organized and operated as a nonprofit
15corporation or other discrete, legal, nonprofit entity
16authorized under the laws of the State of Illinois.
17    (b) A charter school may be established under this Article
18by creating a new school or by converting an existing public
19school or attendance center to charter school status. Beginning
20on the effective date of this amendatory Act of the 93rd
21General Assembly, in all new applications to establish a
22charter school in a city having a population exceeding 500,000,
23operation of the charter school shall be limited to one campus.
24The changes made to this Section by this amendatory Act of the
2593rd General Assembly do not apply to charter schools existing

 

 

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1or approved on or before the effective date of this amendatory
2Act.
3    (b-5) In this subsection (b-5), "virtual-schooling" means
4a cyber school where students engage in online curriculum and
5instruction via the Internet and electronic communication with
6their teachers at remote locations and with students
7participating at different times.
8    From April 1, 2013 through December 31, 2016, there is a
9moratorium on the establishment of charter schools with
10virtual-schooling components in school districts other than a
11school district organized under Article 34 of this Code. This
12moratorium does not apply to a charter school with
13virtual-schooling components existing or approved prior to
14April 1, 2013 or to the renewal of the charter of a charter
15school with virtual-schooling components already approved
16prior to April 1, 2013.
17    On or before March 1, 2014, the Commission shall submit to
18the General Assembly a report on the effect of
19virtual-schooling, including without limitation the effect on
20student performance, the costs associated with
21virtual-schooling, and issues with oversight. The report shall
22include policy recommendations for virtual-schooling.
23    (c) A charter school shall be administered and governed by
24its board of directors or other governing body in the manner
25provided in its charter. The governing body of a charter school
26shall be subject to the Freedom of Information Act and the Open

 

 

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1Meetings Act.
2    (d) A charter school shall comply with all applicable
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois.
5    (e) Except as otherwise provided in the School Code, a
6charter school shall not charge tuition; provided that a
7charter school may charge reasonable fees for textbooks,
8instructional materials, and student activities.
9    (f) A charter school shall be responsible for the
10management and operation of its fiscal affairs including, but
11not limited to, the preparation of its budget. An audit of each
12charter school's finances shall be conducted annually by an
13outside, independent contractor retained by the charter
14school. To ensure financial accountability for the use of
15public funds, on or before December 1 of every year of
16operation, each charter school shall submit to its authorizer
17and the State Board a copy of its audit and a copy of the Form
18990 the charter school filed that year with the federal
19Internal Revenue Service. In addition, if deemed necessary for
20proper financial oversight of the charter school, an authorizer
21may require quarterly financial statements from each charter
22school.
23    (g) A charter school shall comply with all provisions of
24this Article, ; the Illinois Educational Labor Relations Act, ;
25all federal and State laws and rules applicable to public
26schools that pertain to special education and the instruction

 

 

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1of English language learners, referred to in this Code as
2"children of limited English-speaking ability"; and its
3charter. A charter school is exempt from all other State laws
4and regulations in this Code governing public schools and local
5school board policies, except the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
7    criminal history records checks and checks of the Statewide
8    Sex Offender Database and Statewide Murderer and Violent
9    Offender Against Youth Database of applicants for
10    employment;
11        (2) Sections 24-24 and 34-84A of this Code regarding
12    discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (6) the Illinois School Student Records Act;
20        (7) Section 10-17a of this Code regarding school report
21    cards;
22        (8) the P-20 Longitudinal Education Data System Act;
23    and
24        (9) Section 27-23.7 of this Code regarding bullying
25    prevention; and .
26        (10) (9) Section 2-3.162 2-3.160 of this the School

 

 

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1    Code regarding student discipline reporting.
2    The change made by Public Act 96-104 to this subsection (g)
3is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required to
13perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after the
15effective date of this amendatory Act of the 93rd General
16Assembly and that operates in a city having a population
17exceeding 500,000 may not contract with a for-profit entity to
18manage or operate the school during the period that commences
19on the effective date of this amendatory Act of the 93rd
20General Assembly and concludes at the end of the 2004-2005
21school year. Except as provided in subsection (i) of this
22Section, a school district may charge a charter school
23reasonable rent for the use of the district's buildings,
24grounds, and facilities. Any services for which a charter
25school contracts with a school district shall be provided by
26the district at cost. Any services for which a charter school

 

 

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1contracts with a local school board or with the governing body
2of a State college or university or public community college
3shall be provided by the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be subject
11to negotiation between the charter school and the local school
12board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age or
14grade level.
15    (k) If the charter school is approved by the Commission,
16then the Commission charter school is its own local education
17agency.
18(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
1997-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
2098-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
211-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
2210-14-14.)
 
23    (105 ILCS 5/34-2.4)  (from Ch. 122, par. 34-2.4)
24    Sec. 34-2.4. School improvement plan. A 3 year local school
25improvement plan shall be developed and implemented at each

 

 

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1attendance center. This plan shall reflect the overriding
2purpose of the attendance center to improve educational
3quality. The local school principal shall develop a school
4improvement plan in consultation with the local school council,
5all categories of school staff, parents and community
6residents. Once the plan is developed, reviewed by the
7professional personnel leadership committee, and approved by
8the local school council, the principal shall be responsible
9for directing implementation of the plan, and the local school
10council shall monitor its implementation. After the
11termination of the initial 3 year plan, a new 3 year plan shall
12be developed and modified as appropriate on an annual basis.
13    The school improvement plan shall be designed to achieve
14priority goals including but not limited to:
15        (a) assuring that students show significant progress
16    toward meeting and exceeding State performance standards
17    in State mandated learning areas, including the mastery of
18    higher order thinking skills in these areas;
19        (b) assuring that students attend school regularly and
20    graduate from school at such rates that the district
21    average equals or surpasses national norms;
22        (c) assuring that students are adequately prepared for
23    and aided in making a successful transition to further
24    education and life experience;
25        (d) assuring that students are adequately prepared for
26    and aided in making a successful transition to employment;

 

 

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1    and
2        (e) assuring that students are, to the maximum extent
3    possible, provided with a common learning experience that
4    is of high academic quality and that reflects high
5    expectations for all students' capacities to learn.
6    With respect to these priority goals, the school
7improvement plan shall include but not be limited to the
8following:
9        (a) an analysis of data collected in the attendance
10    center and community indicating the specific strengths and
11    weaknesses of the attendance center in light of the goals
12    specified above, including data and analysis specified by
13    the State Board of Education pertaining to specific
14    measurable outcomes for student performance, the
15    attendance centers, and their instructional programs;
16        (b) a description of specific annual objectives the
17    attendance center will pursue in achieving the goals
18    specified above;
19        (c) a description of the specific activities the
20    attendance center will undertake to achieve its
21    objectives;
22        (d) an analysis of the attendance center's staffing
23    pattern and material resources, and an explanation of how
24    the attendance center's planned staffing pattern, the
25    deployment of staff, and the use of material resources
26    furthers the objectives of the plan;

 

 

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1        (e) a description of the key assumptions and directions
2    of the school's curriculum and the academic and
3    non-academic programs of the attendance center, and an
4    explanation of how this curriculum and these programs
5    further the goals and objectives of the plan;
6        (f) a description of the steps that will be taken to
7    enhance educational opportunities for all students,
8    regardless of gender, including limited English learners
9    proficient students, disabled students, low-income
10    students and minority students;
11        (g) a description of any steps which may be taken by
12    the attendance center to educate parents as to how they can
13    assist children at home in preparing their children to
14    learn effectively;
15        (h) a description of the steps the attendance center
16    will take to coordinate its efforts with, and to gain the
17    participation and support of, community residents,
18    business organizations, and other local institutions and
19    individuals;
20        (i) a description of any staff development program for
21    all school staff and volunteers tied to the priority goals,
22    objectives, and activities specified in the plan;
23        (j) a description of the steps the local school council
24    will undertake to monitor implementation of the plan on an
25    ongoing basis;
26        (k) a description of the steps the attendance center

 

 

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1    will take to ensure that teachers have working conditions
2    that provide a professional environment conducive to
3    fulfilling their responsibilities;
4        (l) a description of the steps the attendance center
5    will take to ensure teachers the time and opportunity to
6    incorporate new ideas and techniques, both in subject
7    matter and teaching skills, into their own work;
8        (m) a description of the steps the attendance center
9    will take to encourage pride and positive identification
10    with the attendance center through various athletic
11    activities; and
12        (n) a description of the student need for and provision
13    of services to special populations, beyond the standard
14    school programs provided for students in grades K through
15    12 and those enumerated in the categorical programs cited
16    in item d of part 4 of Section 34-2.3, including financial
17    costs of providing same and a timeline for implementing the
18    necessary services, including but not limited, when
19    applicable, to ensuring the provisions of educational
20    services to all eligible children aged 4 years for the
21    1990-91 school year and thereafter, reducing class size to
22    State averages in grades K-3 for the 1991-92 school year
23    and thereafter and in all grades for the 1993-94 school
24    year and thereafter, and providing sufficient staff and
25    facility resources for students not served in the regular
26    classroom setting.

 

 

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1    Based on the analysis of data collected indicating specific
2strengths and weaknesses of the attendance center, the school
3improvement plan may place greater emphasis from year to year
4on particular priority goals, objectives, and activities.
5(Source: P.A. 93-48, eff. 7-1-03.)
 
6    (105 ILCS 5/34-8.17)
7    Sec. 34-8.17. Lump-sum allocation; key centralized
8functions. Final designation as a Learning Zone under this Law
9shall entitle the participating attendance centers to receive
10funds in lump-sum allocations, to budget and spend those funds,
11and to operate in accordance with the designation and this Law.
12Lump-sum allocations shall be based on the number of enrolled
13regular and special needs students and shall include all
14operating funds for compensation, supplies, equipment,
15repairs, energy, maintenance, transportation, and professional
16services, and all special funds that follow special
17populations, including desegregation, special education,
18bilingual, federal, and State Chapter 1 funds. A sum equal to
193.2% of operating funds shall be deducted by the board to
20provide key centralized functions, unless a designated
21Learning Zone obtains one or more of those functions elsewhere,
22in which case the sum shall be appropriately adjusted. As used
23in this Law, key centralized functions shall mean:
24        (1) Equity assurance staff to ensure that services are
25    maintained for students with disabilities, limited English

 

 

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1    learners proficient students, low-income students, and any
2    other special need students as required by federal law;
3        (2) Payroll services and background and credential
4    checks;
5        (3) Budget and treasury services to levy and collect
6    taxes and distribute lump-sum funding;
7        (4) Central computer systems providing information
8    distribution and networking;
9        (5) On-line data collection and analysis centers for
10    student and school data;
11        (6) Emergency pool funding; and
12        (7) Legal and labor departmental services for
13    system-wide litigation and collective bargaining
14    negotiations.
15(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
 
16    Section 10. The Critical Health Problems and Comprehensive
17Health Education Act is amended by changing Section 5 as
18follows:
 
19    (105 ILCS 110/5)  (from Ch. 122, par. 865)
20    Sec. 5. Advisory Committee. An advisory committee
21consisting of 11 members is hereby established as follows: the
22Director of Public Health or his or her designee, the Secretary
23of Human Services or his or her designee, and an additional
24person representing the Department of Human Services

 

 

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1designated by the Secretary, the Director of Children and
2Family Services or his or her designee, the Chairman of the
3Illinois Joint Committee on School Health or his or her
4designee, and 7 6 members to be appointed by the State Board of
5Education to be chosen, insofar as is possible, from the
6following groups: colleges and universities, voluntary health
7agencies, medicine, dentistry, professional health
8associations, teachers, administrators, members of local
9boards of education, and lay citizens. The original public
10members shall, upon their appointment, serve until July 1,
111973, and, thereafter, new appointments of public members shall
12be made in like manner and such members shall serve for 4 year
13terms commencing on July 1, 1973, and until their successors
14are appointed and qualified. Vacancies in the terms of public
15members shall be filled in like manner as original appointments
16for the balance of the unexpired terms. The members of the
17advisory committee shall receive no compensation but shall be
18reimbursed for actual and necessary expenses incurred in the
19performance of their duties. Such committee shall select a
20chairman and establish rules and procedures for its proceedings
21not inconsistent with the provisions of this Act. Such
22committee shall advise the State Board of Education on all
23matters relating to the implementation of the provisions of
24this Act. They shall assist in presenting advice and
25interpretation concerning a comprehensive health education
26program to the Illinois public, especially as related to

 

 

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1critical health problems. They shall also assist in
2establishing a sound understanding and sympathetic
3relationship between such comprehensive health education
4program and the public health, welfare and educational programs
5of other agencies in the community.
6(Source: P.A. 90-372, eff. 7-1-98; 91-61, eff. 6-30-99.)
 
7    (105 ILCS 5/2-3.60 rep.)
8    (105 ILCS 5/2-3.64b rep.)
9    (105 ILCS 5/2-3.120 rep.)
10    (105 ILCS 5/2-3.137 rep.)
11    (105 ILCS 5/2-3.147 rep.)
12    (105 ILCS 5/3-11.5 rep.)
13    (105 ILCS 5/22-65 rep.)
14    (105 ILCS 5/22-75 rep.)
15    Section 15. The School Code is amended by repealing
16Sections 2-3.60, 2-3.64b, 2-3.120, 2-3.137, 2-3.147, 3-11.5,
1722-65, and 22-75.
 
18    Section 99. Effective date. This Act takes effect July 1,
192015.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/1A-10
4    105 ILCS 5/1C-4
5    105 ILCS 5/2-3.12from Ch. 122, par. 2-3.12
6    105 ILCS 5/2-3.39from Ch. 122, par. 2-3.39
7    105 ILCS 5/2-3.62from Ch. 122, par. 2-3.62
8    105 ILCS 5/2-3.64a-5
9    105 ILCS 5/2-3.162
10    105 ILCS 5/3-1from Ch. 122, par. 3-1
11    105 ILCS 5/3-2.5
12    105 ILCS 5/3-11from Ch. 122, par. 3-11
13    105 ILCS 5/3-15.6from Ch. 122, par. 3-15.6
14    105 ILCS 5/3-15.10from Ch. 122, par. 3-15.10
15    105 ILCS 5/3-15.17
16    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
17    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
18    105 ILCS 5/14-9.01from Ch. 122, par. 14-9.01
19    105 ILCS 5/14C-1from Ch. 122, par. 14C-1
20    105 ILCS 5/14C-2from Ch. 122, par. 14C-2
21    105 ILCS 5/14C-3from Ch. 122, par. 14C-3
22    105 ILCS 5/14C-5from Ch. 122, par. 14C-5
23    105 ILCS 5/14C-7from Ch. 122, par. 14C-7
24    105 ILCS 5/14C-9from Ch. 122, par. 14C-9
25    105 ILCS 5/14C-11from Ch. 122, par. 14C-11

 

 

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1    105 ILCS 5/27A-5
2    105 ILCS 5/34-2.4from Ch. 122, par. 34-2.4
3    105 ILCS 5/34-8.17
4    105 ILCS 110/5from Ch. 122, par. 865
5    105 ILCS 5/2-3.60 rep.
6    105 ILCS 5/2-3.64b rep.
7    105 ILCS 5/2-3.120 rep.
8    105 ILCS 5/2-3.137 rep.
9    105 ILCS 5/2-3.147 rep.
10    105 ILCS 5/3-11.5 rep.
11    105 ILCS 5/22-65 rep.
12    105 ILCS 5/22-75 rep.