Rep. Carol Ammons

Filed: 1/9/2021

 

 


 

 


 
10100SB0458ham002LRB101 04219 CMG 74707 a

1
AMENDMENT TO SENATE BILL 458

2    AMENDMENT NO. ______. Amend Senate Bill 458, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"Article 5.

 
6    Section 5-5. The School Code is amended by adding Section
72-3.64a-10 and by changing Section 27A-5 as follows:
 
8    (105 ILCS 5/2-3.64a-10 new)
9    Sec. 2-3.64a-10. Kindergarten assessment.
10    (a) For the purposes of this Section, "kindergarten"
11includes both full-day and half-day kindergarten programs.
12    (b) Beginning no later than the 2021-2022 school year, the
13State Board of Education shall annually assess all public
14school students entering kindergarten using a common
15assessment tool, unless the State Board determines that a

 

 

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1student is otherwise exempt. The common assessment tool must
2assess multiple developmental domains, including literacy,
3language, mathematics, and social and emotional development.
4The assessment must be valid, reliable, and developmentally
5appropriate to formatively assess a child's development and
6readiness for kindergarten.
7    (c) Results from the assessment may be used by the school
8to understand the child's development and readiness for
9kindergarten, to tailor instruction, and to measure the child's
10progress over time. Assessment results may also be used to
11identify a need for the professional development of teachers
12and early childhood educators and to inform State-level and
13district-level policies and resource allocation.
14    The school shall make the assessment results available to
15the child's parent or guardian.
16    The assessment results may not be used (i) to prevent a
17child from enrolling in kindergarten or (ii) as the sole
18measure used in determining the grade promotion or retention of
19a student.
20    (d) On an annual basis, the State Board shall report
21publicly, at a minimum, data from the assessment for the State
22overall and for each school district. The State Board's report
23must disaggregate data by race and ethnicity, household income,
24students who are English learners, and students who have an
25individualized education program.
26    (e) The State Superintendent of Education shall appoint a

 

 

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1committee of no more than 21 members, consisting of parents,
2teachers, school administrators, assessment experts, regional
3superintendents of schools, and citizens, to review, on an
4ongoing basis, the content and design of the assessment, the
5collective results of the assessment as measured against
6kindergarten-readiness standards, and other issues involving
7the assessment as identified by the committee.
8    The committee shall make periodic recommendations to the
9State Superintendent of Education and the General Assembly
10concerning the assessments.
11    (f) The State Board may adopt rules to implement and
12administer this Section.
 
13    (105 ILCS 5/27A-5)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. Beginning
23on April 16, 2003 (the effective date of Public Act 93-3), in
24all new applications to establish a charter school in a city
25having a population exceeding 500,000, operation of the charter

 

 

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1school shall be limited to one campus. The changes made to this
2Section by Public Act 93-3 do not apply to charter schools
3existing or approved on or before April 16, 2003 (the effective
4date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter school
22shall be subject to the Freedom of Information Act and the Open
23Meetings Act. No later than January 1, 2021 (one year after the
24effective date of Public Act 101-291) this amendatory Act of
25the 101st General Assembly, a charter school's board of
26directors or other governing body must include at least one

 

 

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1parent or guardian of a pupil currently enrolled in the charter
2school who may be selected through the charter school or a
3charter network election, appointment by the charter school's
4board of directors or other governing body, or by the charter
5school's Parent Teacher Organization or its equivalent.
6    (c-5) No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) this amendatory Act of
8the 101st General Assembly or within the first year of his or
9her first term, every voting member of a charter school's board
10of directors or other governing body shall complete a minimum
11of 4 hours of professional development leadership training to
12ensure that each member has sufficient familiarity with the
13board's or governing body's role and responsibilities,
14including financial oversight and accountability of the
15school, evaluating the principal's and school's performance,
16adherence to the Freedom of Information Act and the Open
17Meetings Act Acts, and compliance with education and labor law.
18In each subsequent year of his or her term, a voting member of
19a charter school's board of directors or other governing body
20shall complete a minimum of 2 hours of professional development
21training in these same areas. The training under this
22subsection may be provided or certified by a statewide charter
23school membership association or may be provided or certified
24by other qualified providers approved by the State Board of
25Education.
26    (d) For purposes of this subsection (d), "non-curricular

 

 

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1health and safety requirement" means any health and safety
2requirement created by statute or rule to provide, maintain,
3preserve, or safeguard safe or healthful conditions for
4students and school personnel or to eliminate, reduce, or
5prevent threats to the health and safety of students and school
6personnel. "Non-curricular health and safety requirement" does
7not include any course of study or specialized instructional
8requirement for which the State Board has established goals and
9learning standards or which is designed primarily to impart
10knowledge and skills for students to master and apply as an
11outcome of their education.
12    A charter school shall comply with all non-curricular
13health and safety requirements applicable to public schools
14under the laws of the State of Illinois. On or before September
151, 2015, the State Board shall promulgate and post on its
16Internet website a list of non-curricular health and safety
17requirements that a charter school must meet. The list shall be
18updated annually no later than September 1. Any charter
19contract between a charter school and its authorizer must
20contain a provision that requires the charter school to follow
21the list of all non-curricular health and safety requirements
22promulgated by the State Board and any non-curricular health
23and safety requirements added by the State Board to such list
24during the term of the charter. Nothing in this subsection (d)
25precludes an authorizer from including non-curricular health
26and safety requirements in a charter school contract that are

 

 

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1not contained in the list promulgated by the State Board,
2including non-curricular health and safety requirements of the
3authorizing local school board.
4    (e) Except as otherwise provided in the School Code, a
5charter school shall not charge tuition; provided that a
6charter school may charge reasonable fees for textbooks,
7instructional materials, and student activities.
8    (f) A charter school shall be responsible for the
9management and operation of its fiscal affairs including, but
10not limited to, the preparation of its budget. An audit of each
11charter school's finances shall be conducted annually by an
12outside, independent contractor retained by the charter
13school. To ensure financial accountability for the use of
14public funds, on or before December 1 of every year of
15operation, each charter school shall submit to its authorizer
16and the State Board a copy of its audit and a copy of the Form
17990 the charter school filed that year with the federal
18Internal Revenue Service. In addition, if deemed necessary for
19proper financial oversight of the charter school, an authorizer
20may require quarterly financial statements from each charter
21school.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act, all
24federal and State laws and rules applicable to public schools
25that pertain to special education and the instruction of
26English learners, and its charter. A charter school is exempt

 

 

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1from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
5    criminal history records checks and checks of the Statewide
6    Sex Offender Database and Statewide Murderer and Violent
7    Offender Against Youth Database of applicants for
8    employment;
9        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10    34-84a of this Code regarding discipline of students;
11        (3) the Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) the Abused and Neglected Child Reporting Act;
17        (5.5) subsection (b) of Section 10-23.12 and
18    subsection (b) of Section 34-18.6 of this Code;
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        (9) Section 27-23.7 of this Code regarding bullying
24    prevention;
25        (10) Section 2-3.162 of this Code regarding student
26    discipline reporting;

 

 

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1        (11) Sections 22-80 and 27-8.1 of this Code;
2        (12) Sections 10-20.60 and 34-18.53 of this Code;
3        (13) Sections 10-20.63 and 34-18.56 of this Code;
4        (14) Section 26-18 of this Code;
5        (15) Section 22-30 of this Code; and
6        (16) Sections 24-12 and 34-85 of this Code; .
7        (17) the (16) The Seizure Smart School Act; and .
8        (18) Section 2-3.64a-10 of this Code.
9    The change made by Public Act 96-104 to this subsection (g)
10is declaratory of existing law.
11    (h) A charter school may negotiate and contract with a
12school district, the governing body of a State college or
13university or public community college, or any other public or
14for-profit or nonprofit private entity for: (i) the use of a
15school building and grounds or any other real property or
16facilities that the charter school desires to use or convert
17for use as a charter school site, (ii) the operation and
18maintenance thereof, and (iii) the provision of any service,
19activity, or undertaking that the charter school is required to
20perform in order to carry out the terms of its charter.
21However, a charter school that is established on or after April
2216, 2003 (the effective date of Public Act 93-3) and that
23operates in a city having a population exceeding 500,000 may
24not contract with a for-profit entity to manage or operate the
25school during the period that commences on April 16, 2003 (the
26effective date of Public Act 93-3) and concludes at the end of

 

 

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1the 2004-2005 school year. Except as provided in subsection (i)
2of this Section, a school district may charge a charter school
3reasonable rent for the use of the district's buildings,
4grounds, and facilities. Any services for which a charter
5school contracts with a school district shall be provided by
6the district at cost. Any services for which a charter school
7contracts with a local school board or with the governing body
8of a State college or university or public community college
9shall be provided by the public entity at cost.
10    (i) In no event shall a charter school that is established
11by converting an existing school or attendance center to
12charter school status be required to pay rent for space that is
13deemed available, as negotiated and provided in the charter
14agreement, in school district facilities. However, all other
15costs for the operation and maintenance of school district
16facilities that are used by the charter school shall be subject
17to negotiation between the charter school and the local school
18board and shall be set forth in the charter.
19    (j) A charter school may limit student enrollment by age or
20grade level.
21    (k) If the charter school is approved by the State Board or
22Commission, then the charter school is its own local education
23agency.
24(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
25100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
266-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,

 

 

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1eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
2101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
3
Article 10.

 
4    Section 10-5. The Early Intervention Services System Act is
5amended by changing Section 11 as follows:
 
6    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
7    Sec. 11. Individualized Family Service Plans.
8    (a) Each eligible infant or toddler and that infant's or
9toddler's family shall receive:
10        (1) timely, comprehensive, multidisciplinary
11    assessment of the unique strengths and needs of each
12    eligible infant and toddler, and assessment of the concerns
13    and priorities of the families to appropriately assist them
14    in meeting their needs and identify supports and services
15    to meet those needs; and
16        (2) a written Individualized Family Service Plan
17    developed by a multidisciplinary team which includes the
18    parent or guardian. The individualized family service plan
19    shall be based on the multidisciplinary team's assessment
20    of the resources, priorities, and concerns of the family
21    and its identification of the supports and services
22    necessary to enhance the family's capacity to meet the
23    developmental needs of the infant or toddler, and shall

 

 

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1    include the identification of services appropriate to meet
2    those needs, including the frequency, intensity, and
3    method of delivering services. During and as part of the
4    initial development of the individualized family services
5    plan, and any periodic reviews of the plan, the
6    multidisciplinary team may seek consultation from the lead
7    agency's designated experts, if any, to help determine
8    appropriate services and the frequency and intensity of
9    those services. All services in the individualized family
10    services plan must be justified by the multidisciplinary
11    assessment of the unique strengths and needs of the infant
12    or toddler and must be appropriate to meet those needs. At
13    the periodic reviews, the team shall determine whether
14    modification or revision of the outcomes or services is
15    necessary.
16    (b) The Individualized Family Service Plan shall be
17evaluated once a year and the family shall be provided a review
18of the Plan at 6 month intervals or more often where
19appropriate based on infant or toddler and family needs. The
20lead agency shall create a quality review process regarding
21Individualized Family Service Plan development and changes
22thereto, to monitor and help assure that resources are being
23used to provide appropriate early intervention services.
24    (c) The initial evaluation and initial assessment and
25initial Plan meeting must be held within 45 days after the
26initial contact with the early intervention services system.

 

 

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1The 45-day timeline does not apply for any period when the
2child or parent is unavailable to complete the initial
3evaluation, the initial assessments of the child and family, or
4the initial Plan meeting, due to exceptional family
5circumstances that are documented in the child's early
6intervention records, or when the parent has not provided
7consent for the initial evaluation or the initial assessment of
8the child despite documented, repeated attempts to obtain
9parental consent. As soon as exceptional family circumstances
10no longer exist or parental consent has been obtained, the
11initial evaluation, the initial assessment, and the initial
12Plan meeting must be completed as soon as possible. With
13parental consent, early intervention services may commence
14before the completion of the comprehensive assessment and
15development of the Plan.
16    (d) Parents must be informed that early intervention
17services shall be provided to each eligible infant and toddler,
18to the maximum extent appropriate, in the natural environment,
19which may include the home or other community settings. Parents
20shall make the final decision to accept or decline early
21intervention services. A decision to decline such services
22shall not be a basis for administrative determination of
23parental fitness, or other findings or sanctions against the
24parents. Parameters of the Plan shall be set forth in rules.
25    (e) The regional intake offices shall explain to each
26family, orally and in writing, all of the following:

 

 

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1        (1) That the early intervention program will pay for
2    all early intervention services set forth in the
3    individualized family service plan that are not covered or
4    paid under the family's public or private insurance plan or
5    policy and not eligible for payment through any other third
6    party payor.
7        (2) That services will not be delayed due to any rules
8    or restrictions under the family's insurance plan or
9    policy.
10        (3) That the family may request, with appropriate
11    documentation supporting the request, a determination of
12    an exemption from private insurance use under Section
13    13.25.
14        (4) That responsibility for co-payments or
15    co-insurance under a family's private insurance plan or
16    policy will be transferred to the lead agency's central
17    billing office.
18        (5) That families will be responsible for payments of
19    family fees, which will be based on a sliding scale
20    according to the State's definition of ability to pay which
21    is comparing household size and income to the sliding scale
22    and considering out-of-pocket medical or disaster
23    expenses, and that these fees are payable to the central
24    billing office. Families who fail to provide income
25    information shall be charged the maximum amount on the
26    sliding scale.

 

 

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1    (f) The individualized family service plan must state
2whether the family has private insurance coverage and, if the
3family has such coverage, must have attached to it a copy of
4the family's insurance identification card or otherwise
5include all of the following information:
6        (1) The name, address, and telephone number of the
7    insurance carrier.
8        (2) The contract number and policy number of the
9    insurance plan.
10        (3) The name, address, and social security number of
11    the primary insured.
12        (4) The beginning date of the insurance benefit year.
13    (g) A copy of the individualized family service plan must
14be provided to each enrolled provider who is providing early
15intervention services to the child who is the subject of that
16plan.
17    (h) Children receiving services under this Act shall
18receive a smooth and effective transition by their third
19birthday consistent with federal regulations adopted pursuant
20to Sections 1431 through 1444 of Title 20 of the United States
21Code. Beginning July 1, 2022, children who receive early
22intervention services prior to their third birthday and are
23found eligible for an individualized education program under
24the Individuals with Disabilities Education Act, 20 U.S.C.
251414(d)(1)(A), and under Section 14-8.02 of the School Code and
26whose birthday falls between May 1 and August 31 may continue

 

 

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1to receive early intervention services until the beginning of
2the school year following their third birthday in order to
3minimize gaps in services, ensure better continuity of care,
4and align practices for the enrollment of preschool children
5with special needs to the enrollment practices of typically
6developing preschool children.
7(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
 
8
Article 15.

 
9    Section 15-1. Short title. This Article may be cited as the
10Equitable Early Childhood Education and Care Act. References in
11this Article to "this Act" mean this Article.
 
12    Section 15-5. Findings; policies.
13    (a) The General Assembly finds the following:
14        (1) Long-standing research shows that high-quality
15    early childhood experiences have an impact on children's
16    short-term and long-term outcomes, such as educational
17    attainment, health, and lifetime income, particularly for
18    children from low-income families.
19        (2) Early childhood education and care programs
20    provide child care so parents can maintain stable
21    employment, provide for themselves and their families, and
22    advance their career or educational goals.
23        (3) Illinois has a vigorous early childhood education

 

 

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1    and care industry composed of programs that serve children
2    under the age of 6, including preschool and child care in
3    schools, centers, and homes; these programs also include
4    home visiting and services for young children with special
5    needs.
6        (4) A significant portion of the early childhood
7    workforce and of family child care providers are Black and
8    Latinx women.
9        (5) Illinois was among the first states in the nation
10    to enact the Pre-K At-Risk program and services for infants
11    and toddlers in the 1980s and reaffirmed this commitment to
12    early childhood education in 2006 by creating Preschool for
13    All to offer State-funded, high-quality preschool to
14    3-year-olds and 4-year-olds.
15        (6) Illinois was one of the first states in the nation
16    to commit education funding to very young children and to
17    have a statutory commitment to grow funding for
18    infant-toddler services as it grows preschool services,
19    including prenatal supports like home visitors and doulas.
20        (7) Countless children and families have benefitted
21    from these services over these decades and have had the
22    opportunity to enter school ready to learn and succeed.
23        (8) Despite progress made by the State, too few
24    children, particularly those from Black, Latinx, and
25    low-income households and child care deserts, have access
26    to high-quality early childhood education and care

 

 

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1    services, due to both the availability and affordability of
2    quality services.
3        (9) In 2019, only 29% of all children in Illinois
4    entered kindergarten "ready"; only 21% of Black children,
5    17% of Latinx children, 14% of English Learners, 14% of
6    children with IEPs, and 20% of children on free and reduced
7    lunch demonstrated readiness, highlighting the critical
8    work Illinois must do to close gaps in opportunity and
9    outcomes.
10        (10) The State's early childhood education and care
11    programs are maintained across 3 state agencies, which
12    leads to inefficiencies, lack of alignment, challenges to
13    collecting comprehensive data around services and needs of
14    children and families, and obstacles for both children and
15    families and the early childhood education and care
16    providers to navigate the fragmented system and ensure
17    children receive high-quality services that meet their
18    needs.
19        (11) The State's current mechanisms for payment to
20    early childhood education and care providers may not
21    incentivize quality services and can lead to payment
22    delays, lack of stability of providers, and the inability
23    of providers to provide appropriate compensation to the
24    workforce and support quality programming.
25        (12) Illinois must advance a just system for early
26    childhood education and care that ensures racially and

 

 

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1    economically equitable opportunities and outcomes for all
2    children.
3        (13) In 2017, Illinois became a national leader in
4    passing the K-12 Evidence-Based Funding formula for public
5    schools, creating a mechanism to adequately fund and
6    equitably disburse resources throughout the State and
7    prioritize funding for school districts that need it most.
8    (b) The General Assembly supports the following goals of
9the Illinois Commission on Equitable Early Childhood Education
10and Care Funding:
11        (1) To create a more equitable, efficient, and
12    effective system and thereby increase access to
13    high-quality services, particularly to serve more Black
14    and Latinx children and populations of children where
15    children of color may be disproportionately represented,
16    such as children from low-income households, with
17    disabilities, experiencing homelessness, and participating
18    in the child welfare system.
19        (2) To ensure a more equitable system, we support the
20    Commission's goal of consolidating programs and services
21    into a single, adequately staffed State agency to align and
22    coordinate services, to decrease barriers to access for
23    families and make it easier for them to navigate the
24    system, and to better collect, use, and report
25    comprehensive data to ensure disparities in services are
26    addressed.

 

 

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1        (3) To ensure equitable and adequate funding to expand
2    access to high-quality services and increase compensation
3    of this vital workforce, a significant proportion of which
4    are Black and Latinx women. The General Assembly encourages
5    the State to commit to a multi-year plan designed to move
6    the State toward adequate funding over time.
7        (4) To redesign the mechanisms by which the State pays
8    providers of early childhood education and care services to
9    ensure provider stability, capacity, and quality and to
10    make sure providers and services are available to families
11    throughout the State, including in areas of child care
12    deserts and concentrated poverty.
13        (5) To ensure comprehensive data on children and
14    families' access to and participation in programs and
15    resulting outcomes, including, but not limited to,
16    kindergarten readiness, to understand and address the
17    degree to which the State is reaching children and families
18    and ensuring equitable opportunity and outcomes.
19    (c) The General Assembly encourages the State to create a
20planning process and timeline, with a designated body
21accountable for implementing the Commission's recommendations,
22that includes engagement of parents, providers, communities,
23experts, and other stakeholders and to regularly evaluate the
24impact of the implementation of the Commission's
25recommendations to ensure they impact children, families, and
26communities as intended and lead to a more equitable early

 

 

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1childhood education and care system for Illinois.
 
2
Article 20.

 
3    Section 20-1. Short title. This Article may be cited as the
4Data Governance and Organization to Support Equity and Racial
5Justice Act. References in this Article to "this Act" mean this
6Article.
 
7    Section 20-5. Findings. The General Assembly finds the
8following:
9    (1) The State of Illinois spends billions of dollars
10annually on grants and programs to ensure that all Illinoisans
11have the economic, health and safety, educational, and other
12opportunities to be successful, but it is still insufficient to
13serve all the needs of all Illinoisans.
14    (2) To be good fiscal stewards of State funds, it is
15necessary to ensure that the limited State funding is spent on
16the right services, at the right time, in the right dosages, to
17the right individuals, and in the most equitable manner.
18    (3) Historical equity gaps exist in the administration of
19programs across the State and understanding where these exist
20is necessary for adjusting program scopes and ensuring that
21gaps can be found and rectified quickly.
22    (4) Different subpopulations of individuals may have
23different needs and may experience different outcomes from

 

 

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1similar programs.
2    (5) Measuring average outcomes across an entire population
3is insufficient to understand the equity impacts of a program
4on specific subpopulations.
5    (6) Silos in information sharing exist across agencies and
6that measuring the outcomes and impacts of programs requires
7multiple agencies to share data.
8    (7) There is no existing mechanism for agencies to ensure
9they are collecting information on programs that can be easily
10matched to other agencies to understand program effectiveness,
11as well as equity and access gaps that may exist.
12    (8) The establishment of a system of data governance and
13improved analytic capability is critical to support equitable
14provision of services and the evaluation of equitable outcomes
15for the citizens of Illinois.
16    (9) Sound data collection, reporting, and analysis is
17necessary to ensure that practice and policy decisions and
18outcomes are driven by a culture of data use and actionable
19information that supports equity and engages stakeholders.
20    (10) Data governance and the classification of data is a
21critical component of improving the security and privacy of
22data.
23    (11) The P-20 Longitudinal Education Data System Act,
24enacted by Public Act 96-107, was created in 2009 to develop
25the capacity to match data across agencies and provide for
26improved data analytics across education agencies.

 

 

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1    (12) The P-20 Longitudinal Education Data System has
2expanded to include the incorporation of human services,
3workforce, and education agencies.
4    (13) The implementation of the P-20 Longitudinal Education
5Data System has allowed the State to improve its ability to
6manage and to bring together data across agencies.
7    (14) Merging data across agencies has highlighted the
8degree to which there are different approaches to capturing
9similar data across agencies, including how race and ethnicity
10data are captured.
11    (15) The State of Illinois needs to establish common
12processes and procedures for all of the following:
13        (A) Cataloging data.
14        (B) Managing data requests.
15        (C) Sharing data.
16        (D) Collecting data.
17        (E) Matching data across agencies.
18        (F) Developing research and analytic agendas.
19        (G) Reporting on program participation disaggregated
20    by race and ethnicity.
21        (H) Evaluating equitable outcomes for underserved
22    populations in Illinois.
23        (I) Defining common roles for data management across
24    agencies.
 
25    Section 20-10. Data Governance and Organization to Support

 

 

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1Equity and Racial Justice.
2     (a) Subject to appropriation, by no later than October 31,
32021, the Office of the Governor and the Department of
4Innovation and Technology shall jointly establish an
5organization and governance that is responsible for all of the
6following:
7        (1) Cataloging data supporting major programs across
8    all agencies.
9        (2) Working with agencies to identify similar fields in
10    each dataset.
11        (3) Improving data quality.
12        (4) Collecting race and ethnicity data.
13        (5) Developing common processes and legal approaches
14    for data sharing.
15        (6) Establishing common codes across datasets, in
16    particular for race and ethnicity.
17        (7) Supporting data requests across agencies.
18        (8) Defining common data roles across agencies.
19        (9) Supporting the development of reporting and
20    analytics that provide information on race and ethnicity
21    and inequities in State service provision with common
22    codes.
23        (10) Ensuring that all major programs, as defined by
24    rule, are able to report disaggregated data by race and
25    ethnicity.
26    (b) In order to develop a common research agenda across

 

 

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1agencies that evaluates and analyzes the capacity of the State
2to provide equitable services and promote equitable outcomes,
3by no later than December 31, 2021, the governance shall
4develop a plan for enrolled agencies for the implementation of
5the categories described under subsection (a). The governance
6shall define how the use of data will be used to improve
7service provision to improve equitable outcomes for the
8citizens of Illinois. The Department of Innovation and
9Technology shall outline how these efforts will support and
10align with the security and privacy of data for the State of
11Illinois. The implementation plan shall include a timeline for
12the inclusion of all agencies in data governance by no later
13than October 31, 2024.
14    (c) By no later than March 31, 2022, the Office of the
15Governor and the Department of Innovation and Technology shall
16provide a progress report to the General Assembly to disclose
17(i) which agencies in the State have enrolled, (ii) the
18programs and datasets that have been cataloged for which race
19and ethnicity has been standardized, and (iii) to the extent
20possible, the datasets and programs that are outstanding for
21each agency and the datasets that are planned for the upcoming
22year. On or before March 31, 2023, and each year thereafter,
23the Office of the Governor and the Department of Innovation and
24Technology shall provide an updated report to the General
25Assembly.
26    (d) All Departments subject to governance shall use the

 

 

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1same racial and ethnic classifications for each program, which
2shall include, but not be limited to, the following:
3        (1) American Indian and Alaska Native alone.
4        (2) Asian alone.
5        (3) Black or African American alone.
6        (4) Hispanic or Latino of any race.
7        (5) Native Hawaiian and Other Pacific Islander alone.
8        (6) White alone.
9        (7) Some other race alone.
10        (8) Two or more races.
11    Each Department may further define, by rule, the racial and
12ethnic classifications, including if necessary, a
13classification of "No Race Specified".
 
14    Section 20-15. Rules. The Department of Innovation and
15Technology may adopt any rules necessary to implement this Act.
 
16
Article 25.

 
17    Section 25-5. The School Code is amended by adding Section
1822-90 as follows:
 
19    (105 ILCS 5/22-90 new)
20    Sec. 22-90. Whole Child Task Force.
21    (a) The General Assembly makes all of the following
22findings:

 

 

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1        (1) The COVID-19 pandemic has exposed systemic
2    inequities in American society. Students, educators, and
3    families throughout this State have been deeply affected by
4    the pandemic, and the impact of the pandemic will be felt
5    for years to come. The negative consequences of the
6    pandemic have impacted students and communities
7    differently along the lines of race, income, language, and
8    special needs. However, students in this State faced
9    significant unmet physical health, mental health, and
10    social and emotional needs even prior to the pandemic.
11        (2) The path to recovery requires a commitment from
12    adults in this State to address our students cultural,
13    physical, emotional, and mental health needs and to provide
14    them with stronger and increased systemic support and
15    intervention.
16        (3) It is well documented that trauma and toxic stress
17    diminish a child's ability to thrive. Forms of childhood
18    trauma and toxic stress include adverse childhood
19    experiences, systemic racism, poverty, food and housing
20    insecurity, and gender-based violence. The COVID-19
21    pandemic has exacerbated these issues and brought them into
22    focus.
23        (4) It is estimated that, overall, approximately 40% of
24    children in this State have experienced at least one
25    adverse childhood experience and approximately 10% have
26    experienced 3 or more adverse childhood experiences.

 

 

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1    However, the number of adverse childhood experiences is
2    higher for Black and Hispanic children who are growing up
3    in poverty. The COVID-19 pandemic has amplified the number
4    of students who have experienced childhood trauma. Also,
5    the COVID-19 pandemic has highlighted preexisting
6    inequities in school disciplinary practices that
7    disproportionately impact Black and Brown students.
8    Research shows, for example, that girls of color are
9    disproportionately impacted by trauma, adversity, and
10    abuse, and instead of receiving the care and
11    trauma-informed support they may need, many Black girls in
12    particular face disproportionately harsh disciplinary
13    measures.
14        (5) The cumulative effects of trauma and toxic stress
15    adversely impact the physical health of students, as well
16    as their ability to learn, form relationships, and
17    self-regulate. If left unaddressed, these effects increase
18    a student's risk for depression, alcoholism, anxiety,
19    asthma, smoking, and suicide, all of which are risks that
20    disproportionately affect Black youth and may lead to a
21    host of medical diseases as an adult. Access to infant and
22    early childhood mental health services is critical to
23    ensure the social and emotional well-being of this State's
24    youngest children, particularly those children who have
25    experienced trauma.
26        (6) Although this State enacted measures through

 

 

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1    Public Act 100-105 to address the high rate of early care
2    and preschool expulsions of infants, toddlers, and
3    preschoolers and the disproportionately higher rate of
4    expulsion for Black and Hispanic children, a recent study
5    found a wide variation in the awareness, understanding, and
6    compliance with the law by providers of early childhood
7    care. Further work is needed to implement the law, which
8    includes providing training to early childhood care
9    providers to increase their understanding of the law,
10    increasing the availability and access to infant and early
11    childhood mental health services, and building aligned
12    data collection systems to better understand expulsion
13    rates and to allow for accurate reporting as required by
14    the law.
15        (7) Many educators and schools in this State have
16    embraced and implemented evidenced-based restorative
17    justice and trauma-responsive and culturally relevant
18    practices and interventions. However, the use of these
19    interventions on students is often isolated or is
20    implemented occasionally and only if the school has the
21    appropriate leadership, resources, and partners available
22    to engage seriously in this work. It would be malpractice
23    to deny our students access to these practices and
24    interventions, especially in the aftermath of a
25    once-in-a-century pandemic.
26    (b) The Whole Child Task Force is created for the purpose

 

 

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1of establishing an equitable, inclusive, safe, and supportive
2environment in all schools for every student in this State. The
3task force shall have all of the following goals, which means
4key steps have to be taken to ensure that every child in every
5school in this State has access to teachers, social workers,
6school leaders, support personnel, and others who have been
7trained in evidenced-based interventions and restorative
8practices:
9        (1) To create a common definition of a
10    trauma-responsive school, a trauma-responsive district,
11    and a trauma-responsive community.
12        (2) To outline the training and resources required to
13    create and sustain a system of support for
14    trauma-responsive schools, districts, and communities and
15    to identify this State's role in that work, including
16    recommendations concerning options for redirecting
17    resources from school resource officers to classroom-based
18    support.
19        (3) To identify or develop a process to conduct an
20    analysis of the organizations that provide training in
21    restorative practices, implicit bias, and
22    trauma-responsive systems, mental health services, and
23    social and emotional services to schools.
24        (4) To provide recommendations concerning the key data
25    to be collected and reported to ensure that this State has
26    a full and accurate understanding of the progress toward

 

 

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1    ensuring that all schools, including programs and
2    providers of care to pre-kindergarten children, employ
3    restorative, anti-racist, and trauma-responsive strategies
4    and practices. The data collected must include information
5    relating to the availability of trauma responsive support
6    structures in schools as well as disciplinary practices
7    employed on students in person or through other means,
8    including during remote or blended learning. It should also
9    include information on the use of, and funding for, school
10    resource officers and other similar police personnel in
11    school programs.
12        (5) To recommend an implementation timeline, including
13    the key roles, responsibilities, and resources to advance
14    this State toward a system in which every school, district,
15    and community is progressing toward becoming
16    trauma-responsive.
17        (6) To seek input and feedback from stakeholders,
18    including parents, students, and educators, who reflect
19    the diversity of this State.
20    (c) Members of the Whole Child Task Force shall be
21appointed by the State Superintendent of Education. Members of
22this task force must represent the diversity of this State and
23possess the expertise needed to perform the work required to
24meet the goals of the task force set forth under subsection
25(a). Members of the task force shall include all of the
26following:

 

 

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1        (1) One member of a statewide professional teachers'
2    organization.
3        (2) One member of another statewide professional
4    teachers' organization.
5        (3) One member who represents a school district serving
6    a community with a population of 500,000 or more.
7        (4) One member of a statewide organization
8    representing social workers.
9        (5) One member of an organization that has specific
10    expertise in trauma-responsive school practices and
11    experience in supporting schools in developing
12    trauma-responsive and restorative practices.
13        (6) One member of another organization that has
14    specific expertise in trauma-responsive school practices
15    and experience in supporting schools in developing
16    trauma-responsive and restorative practices.
17        (7) One member of a statewide organization that
18    represents school administrators.
19        (8) One member of a statewide policy organization that
20    works to build a healthy public education system that
21    prepares all students for a successful college, career, and
22    civic life.
23        (9) One member of a statewide organization that brings
24    teachers together to identify and address issues critical
25    to student success.
26        (10) One member of the General Assembly recommended by

 

 

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1    the President of the Senate.
2        (11) One member of the General Assembly recommended by
3    the Speaker of the House of Representatives.
4        (12) One member of the General Assembly recommended by
5    the Minority Leader of the Senate.
6        (13) One member of the General Assembly recommended by
7    the Minority Leader of the House of Representatives.
8        (14) One member of a civil rights organization that
9    works actively on issues regarding student support.
10        (15) One administrator from a school district that has
11    actively worked to develop a system of student support that
12    uses a trauma-informed lens.
13        (16) One educator from a school district that has
14    actively worked to develop a system of student support that
15    uses a trauma-informed lens.
16        (17) One member of a youth-led organization.
17        (18) One member of an organization that has
18    demonstrated expertise in restorative practices.
19        (19) One member of a coalition of mental health and
20    school practitioners who assist schools in developing and
21    implementing trauma-informed and restorative strategies
22    and systems.
23        (20) One member of an organization whose mission is to
24    promote the safety, health, and economic success of
25    children, youth, and families in this State.
26        (21) One member who works or has worked as a

 

 

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1    restorative justice coach or disciplinarian.
2        (22) One member who works or has worked as a social
3    worker.
4        (23) One member of the State Board of Education.
5        (24) One member who represents a statewide principals'
6    organization.
7        (25) One member who represents a statewide
8    organization of school boards.
9        (26) One member who has expertise in pre-kindergarten
10    education.
11        (27) One member who represents a school social worker
12    association.
13    (d) The Whole Child Task Force shall meet at the call of
14the State Superintendent of Education or his or her designee,
15who shall serve as as the chairperson. The State Board of
16Education shall provide administrative and other support to the
17task force. Members of the task force shall serve without
18compensation.
19    (e) The Whole Child Task Force shall submit a report of its
20findings and recommendations to the General Assembly, the
21Illinois Legislative Black Caucus, the State Board of
22Education, and the Governor on or before February 1, 2022. Upon
23submitting its report, the task force is dissolved.
24    (f) This Section is repealed on February 1, 2023.
 
25
Article 35.

 

 

 

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1    Section 35-1. Short title. This Article may be cited as the
2Infant/Early Childhood Mental Health Consultations Act.
3References in this Article to "this Act" mean this Article.
 
4    Section 35-5. Findings; policies.
5    (a) The General Assembly finds the following:
6        (1) Social and emotional development is a core
7    developmental domain in young children and is codified in
8    the Illinois Early Learning Standards.
9        (2) Fostering social and emotional development in
10    early childhood means both providing the supportive
11    settings and interactions to maximize healthy social and
12    emotional development for all children, as well as
13    providing communities, programs, and providers with
14    systems of tiered supports with training to respond to more
15    significant social and emotional challenges or where
16    experiences of trauma may be more prevalent.
17        (3) Early care and education programs and providers,
18    across a range of settings, have an important role to play
19    in supporting young children and families, especially
20    those who face greater challenges, such as trauma exposure,
21    social isolation, pervasive poverty, and toxic stress; if
22    programs, teaching staff, caregivers, and providers are
23    not provided with the support, services, and training
24    needed to accomplish these goals, it can lead to children

 

 

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1    and families being asked to leave programs, particularly
2    without connection to more appropriate services, thereby
3    creating a disruption in learning and social-emotional
4    development; investments in reflective supervision,
5    professional development specific to diversity, equity and
6    inclusion practice, culturally responsive training,
7    implicit bias training, and how trauma experienced during
8    the early years can manifest in challenging behaviors will
9    create systems for serving children that are informed in
10    developmentally appropriate and responsive supports.
11        (4) Studies have shown that the expulsion of infants,
12    toddlers, and young children in early care and education
13    settings is occurring at alarmingly high rates, more than 3
14    times that of students in K-12; further, expulsion occurs
15    more frequently for Black children and Latinx children and
16    more frequently for boys than for girls, with Black boys
17    being most frequently expelled; there is evidence to show
18    that the expulsion of Black girls is occurring with
19    increasing frequency.
20        (5) Illinois took its first steps toward addressing
21    this disparity through Public Act 100-105 to prohibit
22    expulsion due to child behavior in early care and education
23    settings, but further work is needed to implement this law,
24    including strengthening provider understanding of a
25    successful transition and beginning to identify strategies
26    to reduce "soft expulsions" and to ensure more young

 

 

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1    children and their teachers, providers, and caregivers, in
2    a range of early care and education settings, can benefit
3    from services, such as Infant/Early Childhood Mental
4    Health Consultations (I/ECMHC) and positive behavior
5    interventions and supports such as the Pyramid Model.
6        (6) I/ECMHC is a critical component needed to align
7    social-emotional well-being with the public health model
8    of promotion, prevention, and intervention across early
9    care and education systems.
10    (b) The General Assembly encourages that all of the
11following actions be taken by:
12        (1) the State to increase the availability of
13    Infant/Early Childhood Mental Health Consultations
14    (I/ECMHC) through increased funding in early childhood
15    programs and sustainable funding for coordination of
16    I/ECMHC and other social and emotional support at the State
17    level;
18        (2) the Department of Human Services (IDHS), the
19    Illinois State Board of Education (ISBE), the Governor's
20    Office of Early Childhood Development (GOECD), and other
21    relevant agencies to develop and promote
22    provider-accessible and parent-accessible materials on the
23    role and value of I/ECMHC, including targeted promotion in
24    underserved communities, and promote the use of existing
25    I/ECMHCs, the I/ECMHC consultant database, or other
26    existing services;

 

 

10100SB0458ham002- 38 -LRB101 04219 CMG 74707 a

1        (3) the State to increase funding to promote and
2    provide training and implementation support for systems of
3    tiered support, such as the Pyramid Model, across early
4    childhood settings and urge DHS, ISBE, GOECD, and other
5    relevant State agencies to coordinate efforts and develop
6    strategies to provide outreach to and support providers in
7    underserved communities and communities with fewer
8    programmatic resources; and
9        (4) ISBE and DCFS to provide the data required by
10    Public Act 100-105, even if the data is incomplete at the
11    time due to data system challenges.
 
12
Article 40.

 
13    Section 40-5. The Illinois Public Aid Code is amended by
14adding Section 5-39 as follows:
 
15    (305 ILCS 5/5-39 new)
16    Sec. 5-39. Behavioral health services for children;
17diagnostic assessment system. Beginning on July 1, 2022, if it
18is necessary to provide a diagnostic code for behavioral health
19services for children ages 5 and under, providers shall utilize
20a developmentally appropriate and age-appropriate diagnostic
21assessment system, such as the Diagnostic Classification of
22Mental Health and Developmental Disorders of Infancy and Early
23Childhood-Revised (DC:0-5), for diagnosis and treatment

 

 

10100SB0458ham002- 39 -LRB101 04219 CMG 74707 a

1planning. If necessary for billing purposes, the provider,
2managed care organization, or Department shall utilize the
3existing crosswalk tool to convert the developmentally
4appropriate and age-appropriate diagnosis code to the relevant
5code available in the State system.
6    By no later than January 1, 2022, the Department shall make
7recommendations to the General Assembly on the resources needed
8to integrate developmentally appropriate and age-appropriate
9diagnostic codes into the State system.
 
10
Article 45.

 
11    Section 45-1. Short title. This Article may be cited as the
12Early Childhood Workforce Act. References in this Article to
13"this Act" mean this Article.
 
14    Section 45-5. Findings; policies.
15    (a) The General Assembly finds the following:
16        (1) Research shows that early childhood teacher
17    effectiveness is a predictor for positive developmental
18    and academic outcomes for children.
19        (2) The work of early childhood educators is
20    sophisticated and central to the healthy learning and
21    development of young children and takes place in a range of
22    settings, including schools, community-based centers, and
23    homes.

 

 

10100SB0458ham002- 40 -LRB101 04219 CMG 74707 a

1        (3) It is critically important for children's outcomes
2    to have educators that reflect the diversity of the
3    families and communities they serve.
4        (4) The early childhood workforce is more racially
5    diverse than the K-12 workforce, and its members hold
6    degrees, have earned credentials, and have years of
7    experience in the field.
8        (5) The early childhood workforce, particularly those
9    working in community-based settings and those working with
10    infants and toddlers, often are not paid wages aligned to
11    the sophistication of their work and level of education.
12        (6) All regions and settings have difficulty finding
13    qualified teachers.
14        (7) A disproportionate number of Black and Latinx women
15    serve in essential, frontline positions but are
16    underrepresented as lead teachers and in program
17    leadership where credentials and degrees are required.
18        (8) The early childhood workforce faces multiple
19    barriers to additional credential and degree attainment
20    that lead to career advancement and higher levels of
21    compensation.
22    (b) The General Assembly encourages all of the following:
23        (1) The Department of Human Services to undertake an
24    analysis of teacher data in the Gateways Registry to
25    determine those individuals who are close to their next
26    credential or degree, including information where

 

 

10100SB0458ham002- 41 -LRB101 04219 CMG 74707 a

1    available in the Registry such as their geographic
2    location, demographics, work setting, and age groups of
3    children for whom they are responsible.
4        (2) The Department of Human Services to conduct
5    outreach and provide targeted coaching and access to
6    financial supports, including, but not limited to,
7    scholarships and debt relief, in a way that prioritizes
8    increasing the diversity of the teacher pipeline, regions
9    of the State with the highest need, and children in age
10    groups with the greatest teacher shortages.
11        (3) The State Board of Education to provide additional
12    financial support to candidates and provide this support to
13    all candidates regardless of the setting in which they work
14    and the credentials they are currently seeking,
15    prioritizing those by greatest need in the early childhood
16    field.
17        (4) The Department of Human Services to provide annual
18    reports on who receives these and other scholarships or
19    other financial support administered by the Department or
20    the State Board of Education by geographic location,
21    demographics, work setting, age groups of children served,
22    and credential/degree attainment as available.
23        (5) The Board of Higher Education, in the course of
24    their strategic planning process, to review the barriers
25    experienced by the early childhood workforce and by
26    teachers of color, in particular in accessing and

 

 

10100SB0458ham002- 42 -LRB101 04219 CMG 74707 a

1    completing the needed coursework to attain additional
2    credentials and degrees, and to recommend policy or
3    practice changes to better meet the needs of this
4    workforce, which is largely comprised of non-traditional
5    students and women of color.
6        (6) The State Board of Education and the Department of
7    Human Services to prioritize reducing compensation
8    disparities between the early childhood workforce and
9    their K-12 counterparts and disparities within the early
10    childhood workforce between setting and age groups in which
11    they work, as funding becomes available.
 
12
Article 50.

 
13    Section 50-5. The School Code is amended by adding Section
142-3.183 and by changing Section 27-22 as follows:
 
15    (105 ILCS 5/2-3.183 new)
16    Sec. 2-3.183. Review of university admission coursework.
17    (a) The State Board of Education shall make the review
18compiled under Section 9.40 of the Board of Higher Education
19Act available to the public on its Internet website.
20    (b) To ensure that every public high school student
21understands the course expectations for admission into a public
22university in this State, a school district must make available
23to students in grades 8 through 12 and their parents or

 

 

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1guardians the review compiled under Section 9.40 of the Board
2of Higher Education Act before the student's course schedule is
3finalized for the student's particular grade level.
4    (c) To ensure that a public high school student is not
5excluded from enrolling in a public university in this State
6because of a lack of access to required or recommended
7coursework, beginning with the 2022-2023 school year and each
8school year thereafter, every public high school must provide
9access to each course identified in the review compiled under
10Section 9.40 of the Board of Higher Education Act to any of its
11students who request to enroll in the course. If the public
12high school is unable to offer the course through the school
13district, the public high school must find an alternative way
14to offer the course to the student, which may include
15partnering with another school district, a community college
16district, an institution of higher education, or some other
17course provider. No student shall be excluded from
18participation in a course identified in the review due to
19financial reasons. Any course offered pursuant to this Section
20as a dual credit course shall be developed and offered in
21accordance with the Dual Credit Quality Act.
 
22    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
23    Sec. 27-22. Required high school courses.
24    (a) (Blank).
25    (b) (Blank).

 

 

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1    (c) (Blank).
2    (d) (Blank).
3    (e) Through the 2023-2024 school year, as As a prerequisite
4to receiving a high school diploma, each pupil entering the 9th
5grade must, in addition to other course requirements,
6successfully complete all of the following courses:
7        (1) Four years of language arts.
8        (2) Two years of writing intensive courses, one of
9    which must be English and the other of which may be English
10    or any other subject. When applicable, writing-intensive
11    courses may be counted towards the fulfillment of other
12    graduation requirements.
13        (3) Three years of mathematics, one of which must be
14    Algebra I, one of which must include geometry content, and
15    one of which may be an Advanced Placement computer science
16    course. A mathematics course that includes geometry
17    content may be offered as an integrated, applied,
18    interdisciplinary, or career and technical education
19    course that prepares a student for a career readiness path.
20        (4) Two years of science.
21        (5) Two years of social studies, of which at least one
22    year must be history of the United States or a combination
23    of history of the United States and American government
24    and, beginning with pupils entering the 9th grade in the
25    2016-2017 school year and each school year thereafter, at
26    least one semester must be civics, which shall help young

 

 

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1    people acquire and learn to use the skills, knowledge, and
2    attitudes that will prepare them to be competent and
3    responsible citizens throughout their lives. Civics course
4    content shall focus on government institutions, the
5    discussion of current and controversial issues, service
6    learning, and simulations of the democratic process.
7    School districts may utilize private funding available for
8    the purposes of offering civics education.
9        (6) One year chosen from (A) music, (B) art, (C)
10    foreign language, which shall be deemed to include American
11    Sign Language, or (D) vocational education.
12    (e-5) Beginning with the 2024-2025 school year, as a
13prerequisite to receiving a high school diploma, each pupil
14entering the 9th grade must, in addition to other course
15requirements, successfully complete all of the following
16courses:
17        (1) Four years of language arts.
18        (2) Two years of writing intensive courses, one of
19    which must be English and the other of which may be English
20    or any other subject. If applicable, writing-intensive
21    courses may be counted toward the fulfillment of other
22    graduation requirements.
23        (3) Three years of mathematics, one of which must be
24    Algebra I, one of which must include geometry content, and
25    one of which may be an Advanced Placement computer science
26    course. A mathematics course that includes geometry

 

 

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1    content may be offered as an integrated, applied,
2    interdisciplinary, or career and technical education
3    course that prepares a student for a career readiness path.
4        (4) Two years of laboratory science.
5        (5) Two years of social studies, of which at least one
6    year must be history of the United States or a combination
7    of history of the United States and American government and
8    at least one semester must be civics, which shall help
9    young people acquire and learn to use the skills,
10    knowledge, and attitudes that will prepare them to be
11    competent and responsible citizens throughout their lives.
12    Civics course content shall focus on government
13    institutions, the discussion of current and controversial
14    issues, service learning, and simulations of the
15    democratic process. School districts may utilize private
16    funding available for the purposes of offering civics
17    education.
18        (6) One year chosen from (A) music, (B) art, (C)
19    foreign language, which shall be deemed to include American
20    Sign Language, or (D) vocational education.
21    (e-10) Beginning with the 2028-2029 school year, as a
22prerequisite to receiving a high school diploma, each pupil
23entering the 9th grade must, in addition to other course
24requirements, successfully complete 2 years of foreign
25language courses, which may include American Sign Language. A
26pupil may choose a third year of foreign language to satisfy

 

 

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1the requirement under paragraph (6) of subsection (e-5).
2    (f) The State Board of Education shall develop and inform
3school districts of standards for writing-intensive
4coursework.
5    (f-5) If a school district offers an Advanced Placement
6computer science course to high school students, then the
7school board must designate that course as equivalent to a high
8school mathematics course and must denote on the student's
9transcript that the Advanced Placement computer science course
10qualifies as a mathematics-based, quantitative course for
11students in accordance with subdivision (3) of subsection (e)
12of this Section.
13    (g) This amendatory Act of 1983 does not apply to pupils
14entering the 9th grade in 1983-1984 school year and prior
15school years or to students with disabilities whose course of
16study is determined by an individualized education program.
17    This amendatory Act of the 94th General Assembly does not
18apply to pupils entering the 9th grade in the 2004-2005 school
19year or a prior school year or to students with disabilities
20whose course of study is determined by an individualized
21education program.
22    Subsection (e-5) does not apply to pupils entering the 9th
23grade in the 2023-2024 school year or a prior school year or to
24students with disabilities whose course of study is determined
25by an individualized education program. Subsection (e-10) does
26not apply to pupils entering the 9th grade in the 2027-2028

 

 

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1school year or a prior school year or to students with
2disabilities whose course of study is determined by an
3individualized education program.
4    (h) The provisions of this Section are subject to the
5provisions of Section 27-22.05 of this Code and the
6Postsecondary and Workforce Readiness Act.
7    (i) The State Board of Education may adopt rules to modify
8the requirements of this Section for any students enrolled in
9grades 9 through 12 if the Governor has declared a disaster due
10to a public health emergency pursuant to Section 7 of the
11Illinois Emergency Management Agency Act.
12(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20;
13101-643, eff. 6-18-20.)
 
14    Section 50-10. The Board of Higher Education Act is amended
15by adding Section 9.40 as follows:
 
16    (110 ILCS 205/9.40 new)
17    Sec. 9.40. Review of university admission coursework.
18    (a) On or before May 1, 2021 and as needed thereafter, the
19Board of Higher Education shall compile a review that
20identifies, for each public university in this State, all
21courses the university will require or recommend a high school
22student take to be admitted to the university as an
23undergraduate student for the following school year. The review
24shall also include any required coursework or recommended

 

 

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1coursework for a undergraduate admission into a specific
2academic major, college, or department of the university for
3the following school year. In order to allow public school
4districts sufficient time to fulfill their obligations under
5subsection (c) of Section 2-3.183 of the School Code, the
6review must also identify any new courses that each public
7university in this State will add to the review the following
8year. No new required or recommended coursework may be added to
9a review that has not been identified in the previous year's
10review.
11    (b) The Board of Higher Education shall make the review
12compiled under subsection (a) available to the public on its
13Internet website.
14    (c) The Board of Higher Education may adopt any rules
15necessary to implement this Section.
 
16
Article 60.

 
17    Section 60-5. The School Code is amended by adding Sections
182-3.185, 10-20.73, and 27-23.15 and by changing Sections 10-17a
19and 27-22 as follows:
 
20    (105 ILCS 5/2-3.185 new)
21    Sec. 2-3.185. Computer science standards and courses. On or
22before December 1, 2021, the State Board of Education shall:
23        (1) develop or adopt rigorous learning standards in the

 

 

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1    area of computer science; and
2        (2) analyze and revise, if appropriate, existing
3    course titles dedicated to computer science or develop a
4    short list of existing course titles that are recommended
5    for computer science courses.
 
6    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
7    Sec. 10-17a. State, school district, and school report
8cards.
9    (1) By October 31, 2013 and October 31 of each subsequent
10school year, the State Board of Education, through the State
11Superintendent of Education, shall prepare a State report card,
12school district report cards, and school report cards, and
13shall by the most economic means provide to each school
14district in this State, including special charter districts and
15districts subject to the provisions of Article 34, the report
16cards for the school district and each of its schools.
17    (2) In addition to any information required by federal law,
18the State Superintendent shall determine the indicators and
19presentation of the school report card, which must include, at
20a minimum, the most current data collected and maintained by
21the State Board of Education related to the following:
22        (A) school characteristics and student demographics,
23    including average class size, average teaching experience,
24    student racial/ethnic breakdown, and the percentage of
25    students classified as low-income; the percentage of

 

 

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1    students classified as English learners; the percentage of
2    students who have individualized education plans or 504
3    plans that provide for special education services; the
4    number and percentage of all students who have been
5    assessed for placement in a gifted education or advanced
6    academic program and, of those students: (i) the racial and
7    ethnic breakdown, (ii) the percentage who are classified as
8    low-income, and (iii) the number and percentage of students
9    who received direct instruction from a teacher who holds a
10    gifted education endorsement and, of those students, the
11    percentage who are classified as low-income; the
12    percentage of students scoring at the "exceeds
13    expectations" level on the assessments required under
14    Section 2-3.64a-5 of this Code; the percentage of students
15    who annually transferred in or out of the school district;
16    average daily attendance; the per-pupil operating
17    expenditure of the school district; and the per-pupil State
18    average operating expenditure for the district type
19    (elementary, high school, or unit);
20        (B) curriculum information, including, where
21    applicable, Advanced Placement, International
22    Baccalaureate or equivalent courses, dual enrollment
23    courses, foreign language classes, computer science
24    courses, school personnel resources (including Career
25    Technical Education teachers), before and after school
26    programs, extracurricular activities, subjects in which

 

 

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1    elective classes are offered, health and wellness
2    initiatives (including the average number of days of
3    Physical Education per week per student), approved
4    programs of study, awards received, community
5    partnerships, and special programs such as programming for
6    the gifted and talented, students with disabilities, and
7    work-study students;
8        (C) student outcomes, including, where applicable, the
9    percentage of students deemed proficient on assessments of
10    State standards, the percentage of students in the eighth
11    grade who pass Algebra, the percentage of students who
12    participated in workplace learning experiences, the
13    percentage of students enrolled in post-secondary
14    institutions (including colleges, universities, community
15    colleges, trade/vocational schools, and training programs
16    leading to career certification within 2 semesters of high
17    school graduation), the percentage of students graduating
18    from high school who are college and career ready, and the
19    percentage of graduates enrolled in community colleges,
20    colleges, and universities who are in one or more courses
21    that the community college, college, or university
22    identifies as a developmental course;
23        (D) student progress, including, where applicable, the
24    percentage of students in the ninth grade who have earned 5
25    credits or more without failing more than one core class, a
26    measure of students entering kindergarten ready to learn, a

 

 

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1    measure of growth, and the percentage of students who enter
2    high school on track for college and career readiness;
3        (E) the school environment, including, where
4    applicable, the percentage of students with less than 10
5    absences in a school year, the percentage of teachers with
6    less than 10 absences in a school year for reasons other
7    than professional development, leaves taken pursuant to
8    the federal Family Medical Leave Act of 1993, long-term
9    disability, or parental leaves, the 3-year average of the
10    percentage of teachers returning to the school from the
11    previous year, the number of different principals at the
12    school in the last 6 years, the number of teachers who hold
13    a gifted education endorsement, the process and criteria
14    used by the district to determine whether a student is
15    eligible for participation in a gifted education program or
16    advanced academic program and the manner in which parents
17    and guardians are made aware of the process and criteria, 2
18    or more indicators from any school climate survey selected
19    or approved by the State and administered pursuant to
20    Section 2-3.153 of this Code, with the same or similar
21    indicators included on school report cards for all surveys
22    selected or approved by the State pursuant to Section
23    2-3.153 of this Code, and the combined percentage of
24    teachers rated as proficient or excellent in their most
25    recent evaluation;
26        (F) a school district's and its individual schools'

 

 

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1    balanced accountability measure, in accordance with
2    Section 2-3.25a of this Code;
3        (G) the total and per pupil normal cost amount the
4    State contributed to the Teachers' Retirement System of the
5    State of Illinois in the prior fiscal year for the school's
6    employees, which shall be reported to the State Board of
7    Education by the Teachers' Retirement System of the State
8    of Illinois;
9        (H) for a school district organized under Article 34 of
10    this Code only, State contributions to the Public School
11    Teachers' Pension and Retirement Fund of Chicago and State
12    contributions for health care for employees of that school
13    district;
14        (I) a school district's Final Percent of Adequacy, as
15    defined in paragraph (4) of subsection (f) of Section
16    18-8.15 of this Code;
17        (J) a school district's Local Capacity Target, as
18    defined in paragraph (2) of subsection (c) of Section
19    18-8.15 of this Code, displayed as a percentage amount;
20        (K) a school district's Real Receipts, as defined in
21    paragraph (1) of subsection (d) of Section 18-8.15 of this
22    Code, divided by a school district's Adequacy Target, as
23    defined in paragraph (1) of subsection (b) of Section
24    18-8.15 of this Code, displayed as a percentage amount;
25        (L) a school district's administrative costs; and
26        (M) whether or not the school has participated in the

 

 

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1    Illinois Youth Survey. In this paragraph (M), "Illinois
2    Youth Survey" means a self-report survey, administered in
3    school settings every 2 years, designed to gather
4    information about health and social indicators, including
5    substance abuse patterns and the attitudes of students in
6    grades 8, 10, and 12; and
7        (N) whether the school offered its students career and
8    technical education opportunities.
9    The school report card shall also provide information that
10allows for comparing the current outcome, progress, and
11environment data to the State average, to the school data from
12the past 5 years, and to the outcomes, progress, and
13environment of similar schools based on the type of school and
14enrollment of low-income students, special education students,
15and English learners.
16    As used in this subsection (2):
17    "Administrative costs" means costs associated with
18executive, administrative, or managerial functions within the
19school district that involve planning, organizing, managing,
20or directing the school district.
21    "Advanced academic program" means a course of study to
22which students are assigned based on advanced cognitive ability
23or advanced academic achievement compared to local age peers
24and in which the curriculum is substantially differentiated
25from the general curriculum to provide appropriate challenge
26and pace.

 

 

10100SB0458ham002- 56 -LRB101 04219 CMG 74707 a

1    "Computer science" means the study of computers and
2algorithms, including their principles, their hardware and
3software designs, their implementation, and their impact on
4society. "Computer science" does not include the study of
5everyday uses of computers and computer applications, such as
6keyboarding or accessing the Internet.
7    "Gifted education" means educational services, including
8differentiated curricula and instructional methods, designed
9to meet the needs of gifted children as defined in Article 14A
10of this Code.
11    For the purposes of paragraph (A) of this subsection (2),
12"average daily attendance" means the average of the actual
13number of attendance days during the previous school year for
14any enrolled student who is subject to compulsory attendance by
15Section 26-1 of this Code at each school and charter school.
16    (3) At the discretion of the State Superintendent, the
17school district report card shall include a subset of the
18information identified in paragraphs (A) through (E) of
19subsection (2) of this Section, as well as information relating
20to the operating expense per pupil and other finances of the
21school district, and the State report card shall include a
22subset of the information identified in paragraphs (A) through
23(E) and paragraph (N) of subsection (2) of this Section. The
24school district report card shall include the average daily
25attendance, as that term is defined in subsection (2) of this
26Section, of students who have individualized education

 

 

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1programs and students who have 504 plans that provide for
2special education services within the school district.
3    (4) Notwithstanding anything to the contrary in this
4Section, in consultation with key education stakeholders, the
5State Superintendent shall at any time have the discretion to
6amend or update any and all metrics on the school, district, or
7State report card.
8    (5) Annually, no more than 30 calendar days after receipt
9of the school district and school report cards from the State
10Superintendent of Education, each school district, including
11special charter districts and districts subject to the
12provisions of Article 34, shall present such report cards at a
13regular school board meeting subject to applicable notice
14requirements, post the report cards on the school district's
15Internet web site, if the district maintains an Internet web
16site, make the report cards available to a newspaper of general
17circulation serving the district, and, upon request, send the
18report cards home to a parent (unless the district does not
19maintain an Internet web site, in which case the report card
20shall be sent home to parents without request). If the district
21posts the report card on its Internet web site, the district
22shall send a written notice home to parents stating (i) that
23the report card is available on the web site, (ii) the address
24of the web site, (iii) that a printed copy of the report card
25will be sent to parents upon request, and (iv) the telephone
26number that parents may call to request a printed copy of the

 

 

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1report card.
2    (6) Nothing contained in Public Act 98-648 repeals,
3supersedes, invalidates, or nullifies final decisions in
4lawsuits pending on July 1, 2014 (the effective date of Public
5Act 98-648) in Illinois courts involving the interpretation of
6Public Act 97-8.
7(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
8100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
98-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
10eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
 
11    (105 ILCS 5/10-20.73 new)
12    Sec. 10-20.73. Computer literacy skills. All school
13districts shall ensure that students receive developmentally
14appropriate opportunities to gain computer literacy skills
15beginning in elementary school.
 
16    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
17    Sec. 27-22. Required high school courses.
18    (a) (Blank).
19    (b) (Blank).
20    (c) (Blank).
21    (d) (Blank).
22    (e) As a prerequisite to receiving a high school diploma,
23each pupil entering the 9th grade must, in addition to other
24course requirements, successfully complete all of the

 

 

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1following courses:
2        (1) Four years of language arts.
3        (2) Two years of writing intensive courses, one of
4    which must be English and the other of which may be English
5    or any other subject. When applicable, writing-intensive
6    courses may be counted towards the fulfillment of other
7    graduation requirements.
8        (3) Three years of mathematics, one of which must be
9    Algebra I, one of which must include geometry content, and
10    one of which may be an Advanced Placement computer science
11    course. A mathematics course that includes geometry
12    content may be offered as an integrated, applied,
13    interdisciplinary, or career and technical education
14    course that prepares a student for a career readiness path.
15        (3.5) For pupils entering the 9th grade in the
16    2022-2023 school year and each school year thereafter, one
17    year of a course that includes intensive instruction in
18    computer literacy, which may be English, social studies, or
19    any other subject and which may be counted toward the
20    fulfillment of other graduation requirements.
21        (4) Two years of science.
22        (5) Two years of social studies, of which at least one
23    year must be history of the United States or a combination
24    of history of the United States and American government
25    and, beginning with pupils entering the 9th grade in the
26    2016-2017 school year and each school year thereafter, at

 

 

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1    least one semester must be civics, which shall help young
2    people acquire and learn to use the skills, knowledge, and
3    attitudes that will prepare them to be competent and
4    responsible citizens throughout their lives. Civics course
5    content shall focus on government institutions, the
6    discussion of current and controversial issues, service
7    learning, and simulations of the democratic process.
8    School districts may utilize private funding available for
9    the purposes of offering civics education.
10        (6) One year chosen from (A) music, (B) art, (C)
11    foreign language, which shall be deemed to include American
12    Sign Language, or (D) vocational education.
13    (f) The State Board of Education shall develop and inform
14school districts of standards for writing-intensive
15coursework.
16    (f-5) If a school district offers an Advanced Placement
17computer science course to high school students, then the
18school board must designate that course as equivalent to a high
19school mathematics course and must denote on the student's
20transcript that the Advanced Placement computer science course
21qualifies as a mathematics-based, quantitative course for
22students in accordance with subdivision (3) of subsection (e)
23of this Section.
24    (g) This amendatory Act of 1983 does not apply to pupils
25entering the 9th grade in 1983-1984 school year and prior
26school years or to students with disabilities whose course of

 

 

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1study is determined by an individualized education program.
2    This amendatory Act of the 94th General Assembly does not
3apply to pupils entering the 9th grade in the 2004-2005 school
4year or a prior school year or to students with disabilities
5whose course of study is determined by an individualized
6education program.
7    This amendatory Act of the 101st General Assembly does not
8apply to pupils entering the 9th grade in the 2021-2022 school
9year or a prior school year or to students with disabilities
10whose course of study is determined by an individualized
11education program.
12    (h) The provisions of this Section are subject to the
13provisions of Section 27-22.05 of this Code and the
14Postsecondary and Workforce Readiness Act.
15    (i) The State Board of Education may adopt rules to modify
16the requirements of this Section for any students enrolled in
17grades 9 through 12 if the Governor has declared a disaster due
18to a public health emergency pursuant to Section 7 of the
19Illinois Emergency Management Agency Act.
20(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20;
21101-643, eff. 6-18-20.)
 
22    (105 ILCS 5/27-23.15 new)
23    Sec. 27-23.15. Computer science.
24    (a) In this Section, "computer science" means the study of
25computers and algorithms, including their principles, their

 

 

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1hardware and software designs, their implementation, and their
2impact on society. "Computer science" does not include the
3study of everyday uses of computers and computer applications,
4such as keyboarding or accessing the Internet.
5    (b) Beginning with the 2023-2024 school year, the school
6board of a school district that maintains any of grades 9
7through 12 shall provide an opportunity for every high school
8student to take at least one computer science course aligned to
9rigorous learning standards of the State Board of Education.
 
10
Article 65.

 
11    Section 65-5. The School Code is amended by changing
12Sections 14A-10 and 14A-32 as follows:
 
13    (105 ILCS 5/14A-10)
14    Sec. 14A-10. Legislative findings. The General Assembly
15finds the following:
16        (1) that gifted and talented children (i) exhibit high
17    performance capabilities in intellectual, creative, and
18    artistic areas, (ii) possess an exceptional leadership
19    potential, (iii) excel in specific academic fields, and
20    (iv) have the potential to be influential in business,
21    government, health care, the arts, and other critical
22    sectors of our economic and cultural environment;
23        (2) that gifted and talented children require services

 

 

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1    and activities that are not ordinarily provided by schools;
2    and
3        (3) that outstanding talents are present in children
4    and youth from all cultural groups, across all economic
5    strata, and in all areas of human endeavor; and .
6        (4) that inequitable access to advanced coursework and
7    enrollment in accelerated placement programs exists
8    between children enrolled in different school districts
9    and even within the same school district and more must be
10    done to eliminate the barriers to access to advanced
11    coursework and enrollment in accelerated placement
12    programs for all children.
13(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)
 
14    (105 ILCS 5/14A-32)
15    Sec. 14A-32. Accelerated placement; school district
16responsibilities.
17    (a) Each school district shall have a policy that allows
18for accelerated placement that includes or incorporates by
19reference the following components:
20        (1) a provision that provides that participation in
21    accelerated placement is not limited to those children who
22    have been identified as gifted and talented, but rather is
23    open to all children who demonstrate high ability and who
24    may benefit from accelerated placement;
25        (2) a fair and equitable decision-making process that

 

 

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1    involves multiple persons and includes a student's parents
2    or guardians;
3        (3) procedures for notifying parents or guardians of a
4    child of a decision affecting that child's participation in
5    an accelerated placement program; and
6        (4) an assessment process that includes multiple
7    valid, reliable indicators.
8    (a-5) By no later than the beginning of the 2023-2024
9school year, a school district's accelerated placement policy
10shall allow for the automatic enrollment, in the following
11school term, of a student into the next most rigorous level of
12advanced coursework offered by the high school if the student
13meets or exceeds State standards in English language arts,
14mathematics, or science on a State assessment administered
15under Section 2-3.64a-5 as follows:
16        (1) A student who meets or exceeds State standards in
17    English language arts shall be automatically enrolled into
18    the next most rigorous level of advanced coursework in
19    English, social studies, humanities, or related subjects.
20        (2) A student who meets or exceeds State standards in
21    mathematics shall be automatically enrolled into the next
22    most rigorous level of advanced coursework in mathematics.
23        (3) A student who meets or exceeds State standards in
24    science shall be automatically enrolled into the next most
25    rigorous level of advanced coursework in science.
26    For a student entering grade 12, the next most rigorous

 

 

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1level of advanced coursework under this subsection (a-5) shall
2be a dual credit course, as defined in the Dual Credit Quality
3Act. For other high school grades, the next most rigorous level
4of advanced coursework may include a dual credit course. For
5elementary students, the next most rigorous level of advanced
6coursework may be an honors class, enrichment opportunity,
7gifted program, or another program offered by the district.
8    A school district may use the student's most recent State
9assessment results to determine whether a student meets or
10exceeds State standards. For a student entering grade 9,
11results from the State assessment taken in grades 6 through 8
12may be used. For other high school grades, the results from a
13locally selected, nationally normed assessment may be used
14instead of the State assessment if those results are the most
15recent.
16    A school district must provide the parent or guardian of a
17student eligible for automatic enrollment under this
18subsection (a-5) with the option to instead have the student
19enroll in alternative coursework that better aligns with the
20student's postsecondary education or career goals.
21    Nothing in this subsection (a-5) may be interpreted to
22preclude other students from enrolling in advanced coursework
23per the policy of a school district.
24    (b) Further, a school district's accelerated placement
25policy may include or incorporate by reference, but need not be
26limited to, the following components:

 

 

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1        (1) procedures for annually informing the community
2    at-large, including parents or guardians, community-based
3    organizations, and providers of out-of-school programs,
4    about the accelerated placement program and the methods
5    used for the identification of children eligible for
6    accelerated placement, including strategies to reach
7    groups of students and families who have been historically
8    underrepresented in accelerated placement programs and
9    advanced coursework;
10        (2) a process for referral that allows for multiple
11    referrers, including a child's parents or guardians; other
12    referrers may include licensed education professionals,
13    the child, with the written consent of a parent or
14    guardian, a peer, through a licensed education
15    professional who has knowledge of the referred child's
16    abilities, or, in case of possible early entrance, a
17    preschool educator, pediatrician, or psychologist who
18    knows the child; and
19        (3) a provision that provides that children
20    participating in an accelerated placement program and
21    their parents or guardians will be provided a written plan
22    detailing the type of acceleration the child will receive
23    and strategies to support the child; .
24        (4) procedures to provide support and promote success
25    for students who are newly enrolled in an accelerated
26    placement program; and

 

 

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1        (5) a process for the school district to review and
2    utilize disaggregated data on participation in an
3    accelerated placement program to address gaps among
4    demographic groups in accelerated placement opportunities.
5    (c) The State Board of Education shall adopt rules to
6determine data to be collected and disaggregated by demographic
7group regarding accelerated placement, including the rates of
8students who participate in and successfully complete advanced
9coursework, and a method of making the information available to
10the public.
11    (d) On or before November 1, 2022, following a review of
12disaggregated data on the participation and successful
13completion rates of students enrolled in an accelerated
14placement program, each school district shall develop a plan to
15expand access to its accelerated placement program and to
16ensure the teaching capacity necessary to meet the increased
17demand.
18(Source: P.A. 100-421, eff. 7-1-18.)
 
19
Article 70.

 
20    Section 70-5. The School Code is amended by changing
21Section 22-45 as follows:
 
22    (105 ILCS 5/22-45)
23    Sec. 22-45. Illinois P-20 Council.

 

 

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1    (a) The General Assembly finds that preparing Illinoisans
2for success in school and the workplace requires a continuum of
3quality education from preschool through graduate school. This
4State needs a framework to guide education policy and integrate
5education at every level. A statewide coordinating council to
6study and make recommendations concerning education at all
7levels can avoid fragmentation of policies, promote improved
8teaching and learning, and continue to cultivate and
9demonstrate strong accountability and efficiency. Establishing
10an Illinois P-20 Council will develop a statewide agenda that
11will move the State towards the common goals of improving
12academic achievement, increasing college access and success,
13improving use of existing data and measurements, developing
14improved accountability, fostering innovative approaches to
15education, promoting lifelong learning, easing the transition
16to college, and reducing remediation. A pre-kindergarten
17through grade 20 agenda will strengthen this State's economic
18competitiveness by producing a highly-skilled workforce. In
19addition, lifelong learning plans will enhance this State's
20ability to leverage funding.
21    (b) There is created the Illinois P-20 Council. The
22Illinois P-20 Council shall include all of the following
23members:
24        (1) The Governor or his or her designee, to serve as
25    chairperson.
26        (2) Four members of the General Assembly, one appointed

 

 

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1    by the Speaker of the House of Representatives, one
2    appointed by the Minority Leader of the House of
3    Representatives, one appointed by the President of the
4    Senate, and one appointed by the Minority Leader of the
5    Senate.
6        (3) Six at-large members appointed by the Governor as
7    follows, with 2 members being from the City of Chicago, 2
8    members being from Lake County, McHenry County, Kane
9    County, DuPage County, Will County, or that part of Cook
10    County outside of the City of Chicago, and 2 members being
11    from the remainder of the State:
12            (A) one representative of civic leaders;
13            (B) one representative of local government;
14            (C) one representative of trade unions;
15            (D) one representative of nonprofit organizations
16        or foundations;
17            (E) one representative of parents' organizations;
18        and
19            (F) one education research expert.
20        (4) Five members appointed by statewide business
21    organizations and business trade associations.
22        (5) Six members appointed by statewide professional
23    organizations and associations representing
24    pre-kindergarten through grade 20 teachers, community
25    college faculty, and public university faculty.
26        (6) Two members appointed by associations representing

 

 

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1    local school administrators and school board members. One
2    of these members must be a special education administrator.
3        (7) One member representing community colleges,
4    appointed by the Illinois Council of Community College
5    Presidents.
6        (8) One member representing 4-year independent
7    colleges and universities, appointed by a statewide
8    organization representing private institutions of higher
9    learning.
10        (9) One member representing public 4-year
11    universities, appointed jointly by the university
12    presidents and chancellors.
13        (10) Ex-officio members as follows:
14            (A) The State Superintendent of Education or his or
15        her designee.
16            (B) The Executive Director of the Board of Higher
17        Education or his or her designee.
18            (C) The Executive Director of the Illinois
19        Community College Board or his or her designee.
20            (D) The Executive Director of the Illinois Student
21        Assistance Commission or his or her designee.
22            (E) The Co-chairpersons of the Illinois Workforce
23        Investment Board or their designee.
24            (F) The Director of Commerce and Economic
25        Opportunity or his or her designee.
26            (G) The Chairperson of the Illinois Early Learning

 

 

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1        Council or his or her designee.
2            (H) The President of the Illinois Mathematics and
3        Science Academy or his or her designee.
4            (I) The president of an association representing
5        educators of adult learners or his or her designee.
6Ex-officio members shall have no vote on the Illinois P-20
7Council.
8    Appointed members shall serve for staggered terms expiring
9on July 1 of the first, second, or third calendar year
10following their appointments or until their successors are
11appointed and have qualified. Staggered terms shall be
12determined by lot at the organizing meeting of the Illinois
13P-20 Council.
14    Vacancies shall be filled in the same manner as original
15appointments, and any member so appointed shall serve during
16the remainder of the term for which the vacancy occurred.
17    (c) The Illinois P-20 Council shall be funded through State
18appropriations to support staff activities, research,
19data-collection, and dissemination. The Illinois P-20 Council
20shall be staffed by the Office of the Governor, in coordination
21with relevant State agencies, boards, and commissions. The
22Illinois Education Research Council shall provide research and
23coordinate research collection activities for the Illinois
24P-20 Council.
25    (d) The Illinois P-20 Council shall have all of the
26following duties:

 

 

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1        (1) To make recommendations to do all of the following:
2            (A) Coordinate pre-kindergarten through grade 20
3        (graduate school) education in this State through
4        working at the intersections of educational systems to
5        promote collaborative infrastructure.
6            (B) Coordinate and leverage strategies, actions,
7        legislation, policies, and resources of all
8        stakeholders to support fundamental and lasting
9        improvement in this State's public schools, community
10        colleges, and universities.
11            (C) Better align the high school curriculum with
12        postsecondary expectations.
13            (D) Better align assessments across all levels of
14        education.
15            (E) Reduce the need for students entering
16        institutions of higher education to take remedial
17        courses.
18            (F) Smooth the transition from high school to
19        college.
20            (G) Improve high school and college graduation
21        rates.
22            (H) Improve the rigor and relevance of academic
23        standards for college and workforce readiness.
24            (I) Better align college and university teaching
25        programs with the needs of Illinois schools.
26        (2) To advise the Governor, the General Assembly, the

 

 

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1    State's education and higher education agencies, and the
2    State's workforce and economic development boards and
3    agencies on policies related to lifelong learning for
4    Illinois students and families.
5        (3) To articulate a framework for systemic educational
6    improvement and innovation that will enable every student
7    to meet or exceed Illinois learning standards and be
8    well-prepared to succeed in the workforce and community.
9        (4) To provide an estimated fiscal impact for
10    implementation of all Council recommendations.
11        (5) To make recommendations for short-term and
12    long-term learning recovery actions for public school
13    students in this State in the wake of the COVID-19
14    pandemic. The Illinois P-20 Council shall submit a report
15    with its recommendations for a multi-year recovery plan by
16    December 31, 2021 to the Governor, the State Board of
17    Education, the Board of Higher Education, the Illinois
18    Community College Board, and the General Assembly that
19    addresses all of the following:
20            (A) Closing the digital divide for all students,
21        including access to devices, Internet connectivity,
22        and ensuring that educators have the necessary support
23        and training to provide high quality remote and blended
24        learning to students.
25            (B) Evaluating the academic growth and proficiency
26        of students in order to understand the impact of school

 

 

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1        closures and remote and blended remote learning
2        conditions on student academic outcomes, including
3        disaggregating data by race, income, diverse learners,
4        and English learners, in ways that balance the need to
5        understand that impact with the need to support student
6        well-being and also take into consideration the
7        logistical constraints facing schools and districts.
8            (C) Establishing a system for the collection and
9        review of student data at the State level, including
10        data about prekindergarten through higher education
11        student attendance, engagement and participation,
12        discipline, and social-emotional and mental health
13        inputs and outcomes, in order to better understand the
14        full impact of disrupted learning.
15            (D) Providing students with resources and programs
16        for academic support, such as enrichment
17        opportunities, tutoring corps, summer bridge programs,
18        youth leadership and development programs, youth and
19        community-led restorative and transformative justice
20        programs, and youth internship and apprenticeship
21        programs.
22            (E) Providing students with resources and support
23        to ensure access to social-emotional learning, mental
24        health services, and trauma responsive, restorative
25        justice and anti-racist practices in order to support
26        the growth of the whole child, such as investing in

 

 

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1        community schools and providing comprehensive
2        year-round services and support for both students and
3        their families.
4            (F) Ensuring more time for students' academic,
5        social-emotional, and mental health needs by
6        considering such strategies as: (i) extending planning
7        time for teachers, (ii) extending the school day and
8        school year, and (iii) transitioning to year-round
9        schooling.
10            (G) Strengthening the transition from secondary
11        education to postsecondary education in the wake of
12        threats to alignment and affordability created by the
13        pandemic and related conditions.
14    (e) The chairperson of the Illinois P-20 Council may
15authorize the creation of working groups focusing on areas of
16interest to Illinois educational and workforce development,
17including without limitation the following areas:
18        (1) Preparation, recruitment, and certification of
19    highly qualified teachers.
20        (2) Mentoring and induction of highly qualified
21    teachers.
22        (3) The diversity of highly qualified teachers.
23        (4) Funding for highly qualified teachers, including
24    developing a strategic and collaborative plan to seek
25    federal and private grants to support initiatives
26    targeting teacher preparation and its impact on student

 

 

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1    achievement.
2        (5) Highly effective administrators.
3        (6) Illinois birth through age 3 education,
4    pre-kindergarten, and early childhood education.
5        (7) The assessment, alignment, outreach, and network
6    of college and workforce readiness efforts.
7        (8) Alternative routes to college access.
8        (9) Research data and accountability.
9        (10) Community schools, community participation, and
10    other innovative approaches to education that foster
11    community partnerships.
12        (11) Tuition, financial aid, and other issues related
13    to keeping postsecondary education affordable for Illinois
14    residents.
15        (12) Learning recovery in the wake of the COVID-19
16    pandemic.
17    The chairperson of the Illinois P-20 Council may designate
18Council members to serve as working group chairpersons. Working
19groups may invite organizations and individuals representing
20pre-kindergarten through grade 20 interests to participate in
21discussions, data collection, and dissemination.
22(Source: P.A. 98-463, eff. 8-16-13; 98-719, eff. 1-1-15;
2399-643, eff. 1-1-17.)
 
24
Article 75.

 

 

 

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1    Section 75-5. The State Finance Act is amended by adding
2Section 5.935 as follows:
 
3    (30 ILCS 105/5.935 new)
4    Sec. 5.935. The Freedom Schools Fund.
 
5    Section 75-10. The School Code is amended by adding Section
62-3.186 as follows:
 
7    (105 ILCS 5/2-3.186 new)
8    Sec. 2-3.186. Freedom Schools; grant program.
9    (a) The General Assembly recognizes and values the
10contributions that Freedom Schools make to enhance the lives of
11Black students. The General Assembly makes all of the following
12findings:
13        (1) The fundamental goal of the Freedom Schools of the
14    1960s was to create Black political power to defend the
15    interests of the disempowered. The curriculum of Freedom
16    Schools allowed students of all ages to experience a new
17    and liberating form of education that directly related to
18    the imperatives of their lives, their communities, and the
19    Freedom Movement.
20        (2) Freedom Schools continue to demonstrate the proven
21    benefits of race modeling and intergenerational effects by
22    providing Black students with quality instruction that
23    fosters student confidence, resiliency, and social and

 

 

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1    emotional development.
2        (3) Freedom Schools offer culturally relevant learning
3    opportunities with the academic and social supports that
4    Black children need by utilizing quality teaching,
5    challenging and engaging curricula, wrap-around supports,
6    a positive school climate, and strong ties to family and
7    community. Freedom Schools have a clear focus on results.
8        (4) Public schools serve a foundational role in the
9    education of over 2,000,000 students in this State.
10    (b) The State Board of Education shall establish Freedom
11Schools to supplement the learning taking place in public
12schools by expanding the teaching of Black history, developing
13leadership skills, and providing an understanding of the tenets
14of the civil rights movement. The teachers in Freedom Schools
15must be college students or recent high school graduates from
16the local community, with an emphasis on Black youth, so that
17(i) these individuals have access to summer jobs and teaching
18experiences that serve as a long-term pipeline to educational
19careers and the hiring of Black educators in public schools,
20(ii) these individuals are elevated as content experts and
21community leaders, and (iii) Freedom School students have
22access to both role models and education.
23    (c) A Freedom School shall intentionally and imaginatively
24implement strategies that focus on all of the following:
25        (1) Racial justice and equity.
26        (2) Transparency and building trusting relationships.

 

 

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1        (3) Self-determination and governance.
2        (4) Building on community strengths and community
3    wisdom.
4        (5) Utilizing current data, best practices, and
5    evidence.
6        (6) Shared leadership and collaboration.
7        (7) A reflective learning culture.
8        (8) A whole-child approach to education.
9        (9) Literacy.
10    (d) The State Board of Education, in the establishment of
11Freedom Schools, shall strive for authentic parent and
12community engagement during the development of Freedom Schools
13and their curriculum. Authentic parent and community
14engagement includes all of the following:
15        (1) A shared responsibility that values equal
16    partnerships between families and professionals.
17        (2) Ensuring that students and families who are
18    directly impacted by Freedom School policies and practices
19    are the decision-makers in the creation, design,
20    implementation, and assessment of those policies and
21    practices.
22        (3) Genuine respect for the culture and diversity of
23    families.
24        (4) Relationships that center around the goal of
25    supporting family well-being and children's development
26    and learning.

 

 

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1    (e) Subject to appropriation, the State Board of Education
2shall establish and implement a grant program to provide grants
3to public schools, public community colleges, and
4not-for-profit, community-based organizations to facilitate
5improved educational outcomes for Black students in grades
6pre-kindergarten through 12. Grant recipients under the
7program may include, but are not limited to, entities that
8offer established programs with proven results and outcomes.
9The State Board of Education shall award grants to eligible
10entities that demonstrate a likelihood of reasonable success in
11achieving the goals identified in the grant application,
12including, but not limited to, all of the following:
13        (1) Engaging, culturally relevant, and challenging
14    curricula.
15        (2) High-quality teaching.
16        (3) Wrap-around supports and opportunities.
17        (4) Positive discipline practices, such as restorative
18    justice.
19        (5) Inclusive leadership.
20    (f) The Freedom Schools Fund is created as a special fund
21in the State treasury. The Fund shall consist of appropriations
22from the General Revenue Fund, grant funds from the federal
23government, and donations from educational and private
24foundations. All money in the Fund shall be used, subject to
25appropriation, by the State Board of Education for the purposes
26of this Section and to support related activities.

 

 

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1    (g) The State Board of Education may adopt any rules
2necessary to implement this Section.
 
3
Article 85.

 
4    Section 85-5. The School Code is amended by changing
5Section 18-8.15 as follows:
 
6    (105 ILCS 5/18-8.15)
7    Sec. 18-8.15. Evidence-Based Funding for student success
8for the 2017-2018 and subsequent school years.
9    (a) General provisions.
10        (1) The purpose of this Section is to ensure that, by
11    June 30, 2027 and beyond, this State has a kindergarten
12    through grade 12 public education system with the capacity
13    to ensure the educational development of all persons to the
14    limits of their capacities in accordance with Section 1 of
15    Article X of the Constitution of the State of Illinois. To
16    accomplish that objective, this Section creates a method of
17    funding public education that is evidence-based; is
18    sufficient to ensure every student receives a meaningful
19    opportunity to learn irrespective of race, ethnicity,
20    sexual orientation, gender, or community-income level; and
21    is sustainable and predictable. When fully funded under
22    this Section, every school shall have the resources, based
23    on what the evidence indicates is needed, to:

 

 

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1            (A) provide all students with a high quality
2        education that offers the academic, enrichment, social
3        and emotional support, technical, and career-focused
4        programs that will allow them to become competitive
5        workers, responsible parents, productive citizens of
6        this State, and active members of our national
7        democracy;
8            (B) ensure all students receive the education they
9        need to graduate from high school with the skills
10        required to pursue post-secondary education and
11        training for a rewarding career;
12            (C) reduce, with a goal of eliminating, the
13        achievement gap between at-risk and non-at-risk
14        students by raising the performance of at-risk
15        students and not by reducing standards; and
16            (D) ensure this State satisfies its obligation to
17        assume the primary responsibility to fund public
18        education and simultaneously relieve the
19        disproportionate burden placed on local property taxes
20        to fund schools.
21        (2) The Evidence-Based Funding formula under this
22    Section shall be applied to all Organizational Units in
23    this State. The Evidence-Based Funding formula outlined in
24    this Act is based on the formula outlined in Senate Bill 1
25    of the 100th General Assembly, as passed by both
26    legislative chambers. As further defined and described in

 

 

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1    this Section, there are 4 major components of the
2    Evidence-Based Funding model:
3            (A) First, the model calculates a unique Adequacy
4        Target for each Organizational Unit in this State that
5        considers the costs to implement research-based
6        activities, the unit's student demographics, and
7        regional wage differences.
8            (B) Second, the model calculates each
9        Organizational Unit's Local Capacity, or the amount
10        each Organizational Unit is assumed to contribute
11        toward its Adequacy Target from local resources.
12            (C) Third, the model calculates how much funding
13        the State currently contributes to the Organizational
14        Unit and adds that to the unit's Local Capacity to
15        determine the unit's overall current adequacy of
16        funding.
17            (D) Finally, the model's distribution method
18        allocates new State funding to those Organizational
19        Units that are least well-funded, considering both
20        Local Capacity and State funding, in relation to their
21        Adequacy Target.
22        (3) An Organizational Unit receiving any funding under
23    this Section may apply those funds to any fund so received
24    for which that Organizational Unit is authorized to make
25    expenditures by law.
26        (4) As used in this Section, the following terms shall

 

 

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1    have the meanings ascribed in this paragraph (4):
2        "Adequacy Target" is defined in paragraph (1) of
3    subsection (b) of this Section.
4        "Adjusted EAV" is defined in paragraph (4) of
5    subsection (d) of this Section.
6        "Adjusted Local Capacity Target" is defined in
7    paragraph (3) of subsection (c) of this Section.
8        "Adjusted Operating Tax Rate" means a tax rate for all
9    Organizational Units, for which the State Superintendent
10    shall calculate and subtract for the Operating Tax Rate a
11    transportation rate based on total expenses for
12    transportation services under this Code, as reported on the
13    most recent Annual Financial Report in Pupil
14    Transportation Services, function 2550 in both the
15    Education and Transportation funds and functions 4110 and
16    4120 in the Transportation fund, less any corresponding
17    fiscal year State of Illinois scheduled payments excluding
18    net adjustments for prior years for regular, vocational, or
19    special education transportation reimbursement pursuant to
20    Section 29-5 or subsection (b) of Section 14-13.01 of this
21    Code divided by the Adjusted EAV. If an Organizational
22    Unit's corresponding fiscal year State of Illinois
23    scheduled payments excluding net adjustments for prior
24    years for regular, vocational, or special education
25    transportation reimbursement pursuant to Section 29-5 or
26    subsection (b) of Section 14-13.01 of this Code exceed the

 

 

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1    total transportation expenses, as defined in this
2    paragraph, no transportation rate shall be subtracted from
3    the Operating Tax Rate.
4        "Allocation Rate" is defined in paragraph (3) of
5    subsection (g) of this Section.
6        "Alternative School" means a public school that is
7    created and operated by a regional superintendent of
8    schools and approved by the State Board.
9        "Applicable Tax Rate" is defined in paragraph (1) of
10    subsection (d) of this Section.
11        "Assessment" means any of those benchmark, progress
12    monitoring, formative, diagnostic, and other assessments,
13    in addition to the State accountability assessment, that
14    assist teachers' needs in understanding the skills and
15    meeting the needs of the students they serve.
16        "Assistant principal" means a school administrator
17    duly endorsed to be employed as an assistant principal in
18    this State.
19        "At-risk student" means a student who is at risk of not
20    meeting the Illinois Learning Standards or not graduating
21    from elementary or high school and who demonstrates a need
22    for vocational support or social services beyond that
23    provided by the regular school program. All students
24    included in an Organizational Unit's Low-Income Count, as
25    well as all English learner and disabled students attending
26    the Organizational Unit, shall be considered at-risk

 

 

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1    students under this Section.
2        "Average Student Enrollment" or "ASE" for fiscal year
3    2018 means, for an Organizational Unit, the greater of the
4    average number of students (grades K through 12) reported
5    to the State Board as enrolled in the Organizational Unit
6    on October 1 in the immediately preceding school year, plus
7    the pre-kindergarten students who receive special
8    education services of 2 or more hours a day as reported to
9    the State Board on December 1 in the immediately preceding
10    school year, or the average number of students (grades K
11    through 12) reported to the State Board as enrolled in the
12    Organizational Unit on October 1, plus the
13    pre-kindergarten students who receive special education
14    services of 2 or more hours a day as reported to the State
15    Board on December 1, for each of the immediately preceding
16    3 school years. For fiscal year 2019 and each subsequent
17    fiscal year, "Average Student Enrollment" or "ASE" means,
18    for an Organizational Unit, the greater of the average
19    number of students (grades K through 12) reported to the
20    State Board as enrolled in the Organizational Unit on
21    October 1 and March 1 in the immediately preceding school
22    year, plus the pre-kindergarten students who receive
23    special education services as reported to the State Board
24    on October 1 and March 1 in the immediately preceding
25    school year, or the average number of students (grades K
26    through 12) reported to the State Board as enrolled in the

 

 

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1    Organizational Unit on October 1 and March 1, plus the
2    pre-kindergarten students who receive special education
3    services as reported to the State Board on October 1 and
4    March 1, for each of the immediately preceding 3 school
5    years. For the purposes of this definition, "enrolled in
6    the Organizational Unit" means the number of students
7    reported to the State Board who are enrolled in schools
8    within the Organizational Unit that the student attends or
9    would attend if not placed or transferred to another school
10    or program to receive needed services. For the purposes of
11    calculating "ASE", all students, grades K through 12,
12    excluding those attending kindergarten for a half day and
13    students attending an alternative education program
14    operated by a regional office of education or intermediate
15    service center, shall be counted as 1.0. All students
16    attending kindergarten for a half day shall be counted as
17    0.5, unless in 2017 by June 15 or by March 1 in subsequent
18    years, the school district reports to the State Board of
19    Education the intent to implement full-day kindergarten
20    district-wide for all students, then all students
21    attending kindergarten shall be counted as 1.0. Special
22    education pre-kindergarten students shall be counted as
23    0.5 each. If the State Board does not collect or has not
24    collected both an October 1 and March 1 enrollment count by
25    grade or a December 1 collection of special education
26    pre-kindergarten students as of August 31, 2017 (the

 

 

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1    effective date of Public Act 100-465), it shall establish
2    such collection for all future years. For any year in which
3    a count by grade level was collected only once, that count
4    shall be used as the single count available for computing a
5    3-year average ASE. Funding for programs operated by a
6    regional office of education or an intermediate service
7    center must be calculated using the Evidence-Based Funding
8    formula under this Section for the 2019-2020 school year
9    and each subsequent school year until separate adequacy
10    formulas are developed and adopted for each type of
11    program. ASE for a program operated by a regional office of
12    education or an intermediate service center must be
13    determined by the March 1 enrollment for the program. For
14    the 2019-2020 school year, the ASE used in the calculation
15    must be the first-year ASE and, in that year only, the
16    assignment of students served by a regional office of
17    education or intermediate service center shall not result
18    in a reduction of the March enrollment for any school
19    district. For the 2020-2021 school year, the ASE must be
20    the greater of the current-year ASE or the 2-year average
21    ASE. Beginning with the 2021-2022 school year, the ASE must
22    be the greater of the current-year ASE or the 3-year
23    average ASE. School districts shall submit the data for the
24    ASE calculation to the State Board within 45 days of the
25    dates required in this Section for submission of enrollment
26    data in order for it to be included in the ASE calculation.

 

 

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1    For fiscal year 2018 only, the ASE calculation shall
2    include only enrollment taken on October 1.
3        "Base Funding Guarantee" is defined in paragraph (10)
4    of subsection (g) of this Section.
5        "Base Funding Minimum" is defined in subsection (e) of
6    this Section.
7        "Base Tax Year" means the property tax levy year used
8    to calculate the Budget Year allocation of primary State
9    aid.
10        "Base Tax Year's Extension" means the product of the
11    equalized assessed valuation utilized by the county clerk
12    in the Base Tax Year multiplied by the limiting rate as
13    calculated by the county clerk and defined in PTELL.
14        "Bilingual Education Allocation" means the amount of
15    an Organizational Unit's final Adequacy Target
16    attributable to bilingual education divided by the
17    Organizational Unit's final Adequacy Target, the product
18    of which shall be multiplied by the amount of new funding
19    received pursuant to this Section. An Organizational
20    Unit's final Adequacy Target attributable to bilingual
21    education shall include all additional investments in
22    English learner students' adequacy elements.
23        "Budget Year" means the school year for which primary
24    State aid is calculated and awarded under this Section.
25        "Central office" means individual administrators and
26    support service personnel charged with managing the

 

 

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1    instructional programs, business and operations, and
2    security of the Organizational Unit.
3        "Comparable Wage Index" or "CWI" means a regional cost
4    differentiation metric that measures systemic, regional
5    variations in the salaries of college graduates who are not
6    educators. The CWI utilized for this Section shall, for the
7    first 3 years of Evidence-Based Funding implementation, be
8    the CWI initially developed by the National Center for
9    Education Statistics, as most recently updated by Texas A &
10    M University. In the fourth and subsequent years of
11    Evidence-Based Funding implementation, the State
12    Superintendent shall re-determine the CWI using a similar
13    methodology to that identified in the Texas A & M
14    University study, with adjustments made no less frequently
15    than once every 5 years.
16        "Computer technology and equipment" means computers
17    servers, notebooks, network equipment, copiers, printers,
18    instructional software, security software, curriculum
19    management courseware, and other similar materials and
20    equipment.
21        "Computer technology and equipment investment
22    allocation" means the final Adequacy Target amount of an
23    Organizational Unit assigned to Tier 1 or Tier 2 in the
24    prior school year attributable to the additional $285.50
25    per student computer technology and equipment investment
26    grant divided by the Organizational Unit's final Adequacy

 

 

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1    Target, the result of which shall be multiplied by the
2    amount of new funding received pursuant to this Section. An
3    Organizational Unit assigned to a Tier 1 or Tier 2 final
4    Adequacy Target attributable to the received computer
5    technology and equipment investment grant shall include
6    all additional investments in computer technology and
7    equipment adequacy elements.
8        "Core subject" means mathematics; science; reading,
9    English, writing, and language arts; history and social
10    studies; world languages; and subjects taught as Advanced
11    Placement in high schools.
12        "Core teacher" means a regular classroom teacher in
13    elementary schools and teachers of a core subject in middle
14    and high schools.
15        "Core Intervention teacher (tutor)" means a licensed
16    teacher providing one-on-one or small group tutoring to
17    students struggling to meet proficiency in core subjects.
18        "CPPRT" means corporate personal property replacement
19    tax funds paid to an Organizational Unit during the
20    calendar year one year before the calendar year in which a
21    school year begins, pursuant to "An Act in relation to the
22    abolition of ad valorem personal property tax and the
23    replacement of revenues lost thereby, and amending and
24    repealing certain Acts and parts of Acts in connection
25    therewith", certified August 14, 1979, as amended (Public
26    Act 81-1st S.S.-1).

 

 

10100SB0458ham002- 92 -LRB101 04219 CMG 74707 a

1        "EAV" means equalized assessed valuation as defined in
2    paragraph (2) of subsection (d) of this Section and
3    calculated in accordance with paragraph (3) of subsection
4    (d) of this Section.
5        "ECI" means the Bureau of Labor Statistics' national
6    employment cost index for civilian workers in educational
7    services in elementary and secondary schools on a
8    cumulative basis for the 12-month calendar year preceding
9    the fiscal year of the Evidence-Based Funding calculation.
10        "EIS Data" means the employment information system
11    data maintained by the State Board on educators within
12    Organizational Units.
13        "Employee benefits" means health, dental, and vision
14    insurance offered to employees of an Organizational Unit,
15    the costs associated with the statutorily required payment
16    of the normal cost of the Organizational Unit's teacher
17    pensions, Social Security employer contributions, and
18    Illinois Municipal Retirement Fund employer contributions.
19        "English learner" or "EL" means a child included in the
20    definition of "English learners" under Section 14C-2 of
21    this Code participating in a program of transitional
22    bilingual education or a transitional program of
23    instruction meeting the requirements and program
24    application procedures of Article 14C of this Code. For the
25    purposes of collecting the number of EL students enrolled,
26    the same collection and calculation methodology as defined

 

 

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1    above for "ASE" shall apply to English learners, with the
2    exception that EL student enrollment shall include
3    students in grades pre-kindergarten through 12.
4        "Essential Elements" means those elements, resources,
5    and educational programs that have been identified through
6    academic research as necessary to improve student success,
7    improve academic performance, close achievement gaps, and
8    provide for other per student costs related to the delivery
9    and leadership of the Organizational Unit, as well as the
10    maintenance and operations of the unit, and which are
11    specified in paragraph (2) of subsection (b) of this
12    Section.
13        "Evidence-Based Funding" means State funding provided
14    to an Organizational Unit pursuant to this Section.
15        "Extended day" means academic and enrichment programs
16    provided to students outside the regular school day before
17    and after school or during non-instructional times during
18    the school day.
19        "Extension Limitation Ratio" means a numerical ratio
20    in which the numerator is the Base Tax Year's Extension and
21    the denominator is the Preceding Tax Year's Extension.
22        "Final Percent of Adequacy" is defined in paragraph (4)
23    of subsection (f) of this Section.
24        "Final Resources" is defined in paragraph (3) of
25    subsection (f) of this Section.
26        "Full-time equivalent" or "FTE" means the full-time

 

 

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1    equivalency compensation for staffing the relevant
2    position at an Organizational Unit.
3        "Funding Gap" is defined in paragraph (1) of subsection
4    (g).
5        "Guidance counselor" means a licensed guidance
6    counselor who provides guidance and counseling support for
7    students within an Organizational Unit.
8        "Hybrid District" means a partial elementary unit
9    district created pursuant to Article 11E of this Code.
10        "Instructional assistant" means a core or special
11    education, non-licensed employee who assists a teacher in
12    the classroom and provides academic support to students.
13        "Instructional facilitator" means a qualified teacher
14    or licensed teacher leader who facilitates and coaches
15    continuous improvement in classroom instruction; provides
16    instructional support to teachers in the elements of
17    research-based instruction or demonstrates the alignment
18    of instruction with curriculum standards and assessment
19    tools; develops or coordinates instructional programs or
20    strategies; develops and implements training; chooses
21    standards-based instructional materials; provides teachers
22    with an understanding of current research; serves as a
23    mentor, site coach, curriculum specialist, or lead
24    teacher; or otherwise works with fellow teachers, in
25    collaboration, to use data to improve instructional
26    practice or develop model lessons.

 

 

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1        "Instructional materials" means relevant instructional
2    materials for student instruction, including, but not
3    limited to, textbooks, consumable workbooks, laboratory
4    equipment, library books, and other similar materials.
5        "Laboratory School" means a public school that is
6    created and operated by a public university and approved by
7    the State Board.
8        "Librarian" means a teacher with an endorsement as a
9    library information specialist or another individual whose
10    primary responsibility is overseeing library resources
11    within an Organizational Unit.
12        "Limiting rate for Hybrid Districts" means the
13    combined elementary school and high school limiting rates.
14        "Local Capacity" is defined in paragraph (1) of
15    subsection (c) of this Section.
16        "Local Capacity Percentage" is defined in subparagraph
17    (A) of paragraph (2) of subsection (c) of this Section.
18        "Local Capacity Ratio" is defined in subparagraph (B)
19    of paragraph (2) of subsection (c) of this Section.
20        "Local Capacity Target" is defined in paragraph (2) of
21    subsection (c) of this Section.
22        "Low-Income Count" means, for an Organizational Unit
23    in a fiscal year, the higher of the average number of
24    students for the prior school year or the immediately
25    preceding 3 school years who, as of July 1 of the
26    immediately preceding fiscal year (as determined by the

 

 

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1    Department of Human Services), are eligible for at least
2    one of the following low-income programs: Medicaid, the
3    Children's Health Insurance Program, Temporary Assistance
4    for Needy Families (TANF), or the Supplemental Nutrition
5    Assistance Program, excluding pupils who are eligible for
6    services provided by the Department of Children and Family
7    Services. Until such time that grade level low-income
8    populations become available, grade level low-income
9    populations shall be determined by applying the low-income
10    percentage to total student enrollments by grade level. The
11    low-income percentage is determined by dividing the
12    Low-Income Count by the Average Student Enrollment. The
13    low-income percentage for programs operated by a regional
14    office of education or an intermediate service center must
15    be set to the weighted average of the low-income
16    percentages of all of the school districts in the service
17    region. The weighted low-income percentage is the result of
18    multiplying the low-income percentage of each school
19    district served by the regional office of education or
20    intermediate service center by each school district's
21    Average Student Enrollment, summarizing those products and
22    dividing the total by the total Average Student Enrollment
23    for the service region.
24        "Maintenance and operations" means custodial services,
25    facility and ground maintenance, facility operations,
26    facility security, routine facility repairs, and other

 

 

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1    similar services and functions.
2        "Minimum Funding Level" is defined in paragraph (9) of
3    subsection (g) of this Section.
4        "New Property Tax Relief Pool Funds" means, for any
5    given fiscal year, all State funds appropriated under
6    Section 2-3.170 of this the School Code.
7        "New State Funds" means, for a given school year, all
8    State funds appropriated for Evidence-Based Funding in
9    excess of the amount needed to fund the Base Funding
10    Minimum for all Organizational Units in that school year.
11        "Net State Contribution Target" means, for a given
12    school year, the amount of State funds that would be
13    necessary to fully meet the Adequacy Target of an
14    Operational Unit minus the Preliminary Resources available
15    to each unit.
16        "Nurse" means an individual licensed as a certified
17    school nurse, in accordance with the rules established for
18    nursing services by the State Board, who is an employee of
19    and is available to provide health care-related services
20    for students of an Organizational Unit.
21        "Operating Tax Rate" means the rate utilized in the
22    previous year to extend property taxes for all purposes,
23    except Bond and Interest, Summer School, Rent, Capital
24    Improvement, and Vocational Education Building purposes.
25    For Hybrid Districts, the Operating Tax Rate shall be the
26    combined elementary and high school rates utilized in the

 

 

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1    previous year to extend property taxes for all purposes,
2    except Bond and Interest, Summer School, Rent, Capital
3    Improvement, and Vocational Education Building purposes.
4        "Organizational Unit" means a Laboratory School or any
5    public school district that is recognized as such by the
6    State Board and that contains elementary schools typically
7    serving kindergarten through 5th grades, middle schools
8    typically serving 6th through 8th grades, high schools
9    typically serving 9th through 12th grades, a program
10    established under Section 2-3.66 or 2-3.41, or a program
11    operated by a regional office of education or an
12    intermediate service center under Article 13A or 13B. The
13    General Assembly acknowledges that the actual grade levels
14    served by a particular Organizational Unit may vary
15    slightly from what is typical.
16        "Organizational Unit CWI" is determined by calculating
17    the CWI in the region and original county in which an
18    Organizational Unit's primary administrative office is
19    located as set forth in this paragraph, provided that if
20    the Organizational Unit CWI as calculated in accordance
21    with this paragraph is less than 0.9, the Organizational
22    Unit CWI shall be increased to 0.9. Each county's current
23    CWI value shall be adjusted based on the CWI value of that
24    county's neighboring Illinois counties, to create a
25    "weighted adjusted index value". This shall be calculated
26    by summing the CWI values of all of a county's adjacent

 

 

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1    Illinois counties and dividing by the number of adjacent
2    Illinois counties, then taking the weighted value of the
3    original county's CWI value and the adjacent Illinois
4    county average. To calculate this weighted value, if the
5    number of adjacent Illinois counties is greater than 2, the
6    original county's CWI value will be weighted at 0.25 and
7    the adjacent Illinois county average will be weighted at
8    0.75. If the number of adjacent Illinois counties is 2, the
9    original county's CWI value will be weighted at 0.33 and
10    the adjacent Illinois county average will be weighted at
11    0.66. The greater of the county's current CWI value and its
12    weighted adjusted index value shall be used as the
13    Organizational Unit CWI.
14        "Preceding Tax Year" means the property tax levy year
15    immediately preceding the Base Tax Year.
16        "Preceding Tax Year's Extension" means the product of
17    the equalized assessed valuation utilized by the county
18    clerk in the Preceding Tax Year multiplied by the Operating
19    Tax Rate.
20        "Preliminary Percent of Adequacy" is defined in
21    paragraph (2) of subsection (f) of this Section.
22        "Preliminary Resources" is defined in paragraph (2) of
23    subsection (f) of this Section.
24        "Principal" means a school administrator duly endorsed
25    to be employed as a principal in this State.
26        "Professional development" means training programs for

 

 

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1    licensed staff in schools, including, but not limited to,
2    programs that assist in implementing new curriculum
3    programs, provide data focused or academic assessment data
4    training to help staff identify a student's weaknesses and
5    strengths, target interventions, improve instruction,
6    encompass instructional strategies for English learner,
7    gifted, or at-risk students, address inclusivity, cultural
8    sensitivity, or implicit bias, or otherwise provide
9    professional support for licensed staff.
10        "Prototypical" means 450 special education
11    pre-kindergarten and kindergarten through grade 5 students
12    for an elementary school, 450 grade 6 through 8 students
13    for a middle school, and 600 grade 9 through 12 students
14    for a high school.
15        "PTELL" means the Property Tax Extension Limitation
16    Law.
17        "PTELL EAV" is defined in paragraph (4) of subsection
18    (d) of this Section.
19        "Pupil support staff" means a nurse, psychologist,
20    social worker, family liaison personnel, or other staff
21    member who provides support to at-risk or struggling
22    students.
23        "Real Receipts" is defined in paragraph (1) of
24    subsection (d) of this Section.
25        "Regionalization Factor" means, for a particular
26    Organizational Unit, the figure derived by dividing the

 

 

10100SB0458ham002- 101 -LRB101 04219 CMG 74707 a

1    Organizational Unit CWI by the Statewide Weighted CWI.
2        "School site staff" means the primary school secretary
3    and any additional clerical personnel assigned to a school.
4        "Special education" means special educational
5    facilities and services, as defined in Section 14-1.08 of
6    this Code.
7        "Special Education Allocation" means the amount of an
8    Organizational Unit's final Adequacy Target attributable
9    to special education divided by the Organizational Unit's
10    final Adequacy Target, the product of which shall be
11    multiplied by the amount of new funding received pursuant
12    to this Section. An Organizational Unit's final Adequacy
13    Target attributable to special education shall include all
14    special education investment adequacy elements.
15        "Specialist teacher" means a teacher who provides
16    instruction in subject areas not included in core subjects,
17    including, but not limited to, art, music, physical
18    education, health, driver education, career-technical
19    education, and such other subject areas as may be mandated
20    by State law or provided by an Organizational Unit.
21        "Specially Funded Unit" means an Alternative School,
22    safe school, Department of Juvenile Justice school,
23    special education cooperative or entity recognized by the
24    State Board as a special education cooperative,
25    State-approved charter school, or alternative learning
26    opportunities program that received direct funding from

 

 

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1    the State Board during the 2016-2017 school year through
2    any of the funding sources included within the calculation
3    of the Base Funding Minimum or Glenwood Academy.
4        "Supplemental Grant Funding" means supplemental
5    general State aid funding received by an Organizational
6    Unit during the 2016-2017 school year pursuant to
7    subsection (H) of Section 18-8.05 of this Code (now
8    repealed).
9        "State Adequacy Level" is the sum of the Adequacy
10    Targets of all Organizational Units.
11        "State Board" means the State Board of Education.
12        "State Superintendent" means the State Superintendent
13    of Education.
14        "Statewide Weighted CWI" means a figure determined by
15    multiplying each Organizational Unit CWI times the ASE for
16    that Organizational Unit creating a weighted value,
17    summing all Organizational Units' weighted values, and
18    dividing by the total ASE of all Organizational Units,
19    thereby creating an average weighted index.
20        "Student activities" means non-credit producing
21    after-school programs, including, but not limited to,
22    clubs, bands, sports, and other activities authorized by
23    the school board of the Organizational Unit.
24        "Substitute teacher" means an individual teacher or
25    teaching assistant who is employed by an Organizational
26    Unit and is temporarily serving the Organizational Unit on

 

 

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1    a per diem or per period-assignment basis to replace
2    another staff member.
3        "Summer school" means academic and enrichment programs
4    provided to students during the summer months outside of
5    the regular school year.
6        "Supervisory aide" means a non-licensed staff member
7    who helps in supervising students of an Organizational
8    Unit, but does so outside of the classroom, in situations
9    such as, but not limited to, monitoring hallways and
10    playgrounds, supervising lunchrooms, or supervising
11    students when being transported in buses serving the
12    Organizational Unit.
13        "Target Ratio" is defined in paragraph (4) of
14    subsection (g).
15        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
16    in paragraph (3) of subsection (g).
17        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
18    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
19    Funding" are defined in paragraph (1) of subsection (g).
20    (b) Adequacy Target calculation.
21        (1) Each Organizational Unit's Adequacy Target is the
22    sum of the Organizational Unit's cost of providing
23    Essential Elements, as calculated in accordance with this
24    subsection (b), with the salary amounts in the Essential
25    Elements multiplied by a Regionalization Factor calculated
26    pursuant to paragraph (3) of this subsection (b).

 

 

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1        (2) The Essential Elements are attributable on a pro
2    rata basis related to defined subgroups of the ASE of each
3    Organizational Unit as specified in this paragraph (2),
4    with investments and FTE positions pro rata funded based on
5    ASE counts in excess of or less than the thresholds set
6    forth in this paragraph (2). The method for calculating
7    attributable pro rata costs and the defined subgroups
8    thereto are as follows:
9            (A) Core class size investments. Each
10        Organizational Unit shall receive the funding required
11        to support that number of FTE core teacher positions as
12        is needed to keep the respective class sizes of the
13        Organizational Unit to the following maximum numbers:
14                (i) For grades kindergarten through 3, the
15            Organizational Unit shall receive funding required
16            to support one FTE core teacher position for every
17            15 Low-Income Count students in those grades and
18            one FTE core teacher position for every 20
19            non-Low-Income Count students in those grades.
20                (ii) For grades 4 through 12, the
21            Organizational Unit shall receive funding required
22            to support one FTE core teacher position for every
23            20 Low-Income Count students in those grades and
24            one FTE core teacher position for every 25
25            non-Low-Income Count students in those grades.
26            The number of non-Low-Income Count students in a

 

 

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1        grade shall be determined by subtracting the
2        Low-Income students in that grade from the ASE of the
3        Organizational Unit for that grade.
4            (B) Specialist teacher investments. Each
5        Organizational Unit shall receive the funding needed
6        to cover that number of FTE specialist teacher
7        positions that correspond to the following
8        percentages:
9                (i) if the Organizational Unit operates an
10            elementary or middle school, then 20.00% of the
11            number of the Organizational Unit's core teachers,
12            as determined under subparagraph (A) of this
13            paragraph (2); and
14                (ii) if such Organizational Unit operates a
15            high school, then 33.33% of the number of the
16            Organizational Unit's core teachers.
17            (C) Instructional facilitator investments. Each
18        Organizational Unit shall receive the funding needed
19        to cover one FTE instructional facilitator position
20        for every 200 combined ASE of pre-kindergarten
21        children with disabilities and all kindergarten
22        through grade 12 students of the Organizational Unit.
23            (D) Core intervention teacher (tutor) investments.
24        Each Organizational Unit shall receive the funding
25        needed to cover one FTE teacher position for each
26        prototypical elementary, middle, and high school.

 

 

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1            (E) Substitute teacher investments. Each
2        Organizational Unit shall receive the funding needed
3        to cover substitute teacher costs that is equal to
4        5.70% of the minimum pupil attendance days required
5        under Section 10-19 of this Code for all full-time
6        equivalent core, specialist, and intervention
7        teachers, school nurses, special education teachers
8        and instructional assistants, instructional
9        facilitators, and summer school and extended day
10        teacher positions, as determined under this paragraph
11        (2), at a salary rate of 33.33% of the average salary
12        for grade K through 12 teachers and 33.33% of the
13        average salary of each instructional assistant
14        position.
15            (F) Core guidance counselor investments. Each
16        Organizational Unit shall receive the funding needed
17        to cover one FTE guidance counselor for each 450
18        combined ASE of pre-kindergarten children with
19        disabilities and all kindergarten through grade 5
20        students, plus one FTE guidance counselor for each 250
21        grades 6 through 8 ASE middle school students, plus one
22        FTE guidance counselor for each 250 grades 9 through 12
23        ASE high school students.
24            (G) Nurse investments. Each Organizational Unit
25        shall receive the funding needed to cover one FTE nurse
26        for each 750 combined ASE of pre-kindergarten children

 

 

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1        with disabilities and all kindergarten through grade
2        12 students across all grade levels it serves.
3            (H) Supervisory aide investments. Each
4        Organizational Unit shall receive the funding needed
5        to cover one FTE for each 225 combined ASE of
6        pre-kindergarten children with disabilities and all
7        kindergarten through grade 5 students, plus one FTE for
8        each 225 ASE middle school students, plus one FTE for
9        each 200 ASE high school students.
10            (I) Librarian investments. Each Organizational
11        Unit shall receive the funding needed to cover one FTE
12        librarian for each prototypical elementary school,
13        middle school, and high school and one FTE aide or
14        media technician for every 300 combined ASE of
15        pre-kindergarten children with disabilities and all
16        kindergarten through grade 12 students.
17            (J) Principal investments. Each Organizational
18        Unit shall receive the funding needed to cover one FTE
19        principal position for each prototypical elementary
20        school, plus one FTE principal position for each
21        prototypical middle school, plus one FTE principal
22        position for each prototypical high school.
23            (K) Assistant principal investments. Each
24        Organizational Unit shall receive the funding needed
25        to cover one FTE assistant principal position for each
26        prototypical elementary school, plus one FTE assistant

 

 

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1        principal position for each prototypical middle
2        school, plus one FTE assistant principal position for
3        each prototypical high school.
4            (L) School site staff investments. Each
5        Organizational Unit shall receive the funding needed
6        for one FTE position for each 225 ASE of
7        pre-kindergarten children with disabilities and all
8        kindergarten through grade 5 students, plus one FTE
9        position for each 225 ASE middle school students, plus
10        one FTE position for each 200 ASE high school students.
11            (M) Gifted investments. Each Organizational Unit
12        shall receive $40 per kindergarten through grade 12
13        ASE.
14            (N) Professional development investments. Each
15        Organizational Unit shall receive $125 per student of
16        the combined ASE of pre-kindergarten children with
17        disabilities and all kindergarten through grade 12
18        students for trainers and other professional
19        development-related expenses for supplies and
20        materials.
21            (O) Instructional material investments. Each
22        Organizational Unit shall receive $190 per student of
23        the combined ASE of pre-kindergarten children with
24        disabilities and all kindergarten through grade 12
25        students to cover instructional material costs.
26            (P) Assessment investments. Each Organizational

 

 

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1        Unit shall receive $25 per student of the combined ASE
2        of pre-kindergarten children with disabilities and all
3        kindergarten through grade 12 students to cover
4        assessment costs.
5            (Q) Computer technology and equipment investments.
6        Each Organizational Unit shall receive $285.50 per
7        student of the combined ASE of pre-kindergarten
8        children with disabilities and all kindergarten
9        through grade 12 students to cover computer technology
10        and equipment costs. For the 2018-2019 school year and
11        subsequent school years, Organizational Units assigned
12        to Tier 1 and Tier 2 in the prior school year shall
13        receive an additional $285.50 per student of the
14        combined ASE of pre-kindergarten children with
15        disabilities and all kindergarten through grade 12
16        students to cover computer technology and equipment
17        costs in the Organizational Unit's Adequacy Target.
18        The State Board may establish additional requirements
19        for Organizational Unit expenditures of funds received
20        pursuant to this subparagraph (Q), including a
21        requirement that funds received pursuant to this
22        subparagraph (Q) may be used only for serving the
23        technology needs of the district. It is the intent of
24        Public Act 100-465 that all Tier 1 and Tier 2 districts
25        receive the addition to their Adequacy Target in the
26        following year, subject to compliance with the

 

 

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1        requirements of the State Board.
2            (R) Student activities investments. Each
3        Organizational Unit shall receive the following
4        funding amounts to cover student activities: $100 per
5        kindergarten through grade 5 ASE student in elementary
6        school, plus $200 per ASE student in middle school,
7        plus $675 per ASE student in high school.
8            (S) Maintenance and operations investments. Each
9        Organizational Unit shall receive $1,038 per student
10        of the combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 12
12        students for day-to-day maintenance and operations
13        expenditures, including salary, supplies, and
14        materials, as well as purchased services, but
15        excluding employee benefits. The proportion of salary
16        for the application of a Regionalization Factor and the
17        calculation of benefits is equal to $352.92.
18            (T) Central office investments. Each
19        Organizational Unit shall receive $742 per student of
20        the combined ASE of pre-kindergarten children with
21        disabilities and all kindergarten through grade 12
22        students to cover central office operations, including
23        administrators and classified personnel charged with
24        managing the instructional programs, business and
25        operations of the school district, and security
26        personnel. The proportion of salary for the

 

 

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1        application of a Regionalization Factor and the
2        calculation of benefits is equal to $368.48.
3            (U) Employee benefit investments. Each
4        Organizational Unit shall receive 30% of the total of
5        all salary-calculated elements of the Adequacy Target,
6        excluding substitute teachers and student activities
7        investments, to cover benefit costs. For central
8        office and maintenance and operations investments, the
9        benefit calculation shall be based upon the salary
10        proportion of each investment. If at any time the
11        responsibility for funding the employer normal cost of
12        teacher pensions is assigned to school districts, then
13        that amount certified by the Teachers' Retirement
14        System of the State of Illinois to be paid by the
15        Organizational Unit for the preceding school year
16        shall be added to the benefit investment. For any
17        fiscal year in which a school district organized under
18        Article 34 of this Code is responsible for paying the
19        employer normal cost of teacher pensions, then that
20        amount of its employer normal cost plus the amount for
21        retiree health insurance as certified by the Public
22        School Teachers' Pension and Retirement Fund of
23        Chicago to be paid by the school district for the
24        preceding school year that is statutorily required to
25        cover employer normal costs and the amount for retiree
26        health insurance shall be added to the 30% specified in

 

 

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1        this subparagraph (U). The Teachers' Retirement System
2        of the State of Illinois and the Public School
3        Teachers' Pension and Retirement Fund of Chicago shall
4        submit such information as the State Superintendent
5        may require for the calculations set forth in this
6        subparagraph (U).
7            (V) Additional investments in low-income students.
8        In addition to and not in lieu of all other funding
9        under this paragraph (2), each Organizational Unit
10        shall receive funding based on the average teacher
11        salary for grades K through 12 to cover the costs of:
12                (i) one FTE intervention teacher (tutor)
13            position for every 125 Low-Income Count students;
14                (ii) one FTE pupil support staff position for
15            every 125 Low-Income Count students;
16                (iii) one FTE extended day teacher position
17            for every 120 Low-Income Count students; and
18                (iv) one FTE summer school teacher position
19            for every 120 Low-Income Count students.
20            (W) Additional investments in English learner
21        students. In addition to and not in lieu of all other
22        funding under this paragraph (2), each Organizational
23        Unit shall receive funding based on the average teacher
24        salary for grades K through 12 to cover the costs of:
25                (i) one FTE intervention teacher (tutor)
26            position for every 125 English learner students;

 

 

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1                (ii) one FTE pupil support staff position for
2            every 125 English learner students;
3                (iii) one FTE extended day teacher position
4            for every 120 English learner students;
5                (iv) one FTE summer school teacher position
6            for every 120 English learner students; and
7                (v) one FTE core teacher position for every 100
8            English learner students.
9            (X) Special education investments. Each
10        Organizational Unit shall receive funding based on the
11        average teacher salary for grades K through 12 to cover
12        special education as follows:
13                (i) one FTE teacher position for every 141
14            combined ASE of pre-kindergarten children with
15            disabilities and all kindergarten through grade 12
16            students;
17                (ii) one FTE instructional assistant for every
18            141 combined ASE of pre-kindergarten children with
19            disabilities and all kindergarten through grade 12
20            students; and
21                (iii) one FTE psychologist position for every
22            1,000 combined ASE of pre-kindergarten children
23            with disabilities and all kindergarten through
24            grade 12 students.
25        (3) For calculating the salaries included within the
26    Essential Elements, the State Superintendent shall

 

 

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1    annually calculate average salaries to the nearest dollar
2    using the employment information system data maintained by
3    the State Board, limited to public schools only and
4    excluding special education and vocational cooperatives,
5    schools operated by the Department of Juvenile Justice, and
6    charter schools, for the following positions:
7            (A) Teacher for grades K through 8.
8            (B) Teacher for grades 9 through 12.
9            (C) Teacher for grades K through 12.
10            (D) Guidance counselor for grades K through 8.
11            (E) Guidance counselor for grades 9 through 12.
12            (F) Guidance counselor for grades K through 12.
13            (G) Social worker.
14            (H) Psychologist.
15            (I) Librarian.
16            (J) Nurse.
17            (K) Principal.
18            (L) Assistant principal.
19        For the purposes of this paragraph (3), "teacher"
20    includes core teachers, specialist and elective teachers,
21    instructional facilitators, tutors, special education
22    teachers, pupil support staff teachers, English learner
23    teachers, extended day teachers, and summer school
24    teachers. Where specific grade data is not required for the
25    Essential Elements, the average salary for corresponding
26    positions shall apply. For substitute teachers, the

 

 

10100SB0458ham002- 115 -LRB101 04219 CMG 74707 a

1    average teacher salary for grades K through 12 shall apply.
2        For calculating the salaries included within the
3    Essential Elements for positions not included within EIS
4    Data, the following salaries shall be used in the first
5    year of implementation of Evidence-Based Funding:
6            (i) school site staff, $30,000; and
7            (ii) non-instructional assistant, instructional
8        assistant, library aide, library media tech, or
9        supervisory aide: $25,000.
10        In the second and subsequent years of implementation of
11    Evidence-Based Funding, the amounts in items (i) and (ii)
12    of this paragraph (3) shall annually increase by the ECI.
13        The salary amounts for the Essential Elements
14    determined pursuant to subparagraphs (A) through (L), (S)
15    and (T), and (V) through (X) of paragraph (2) of subsection
16    (b) of this Section shall be multiplied by a
17    Regionalization Factor.
18    (c) Local Capacity calculation.
19        (1) Each Organizational Unit's Local Capacity
20    represents an amount of funding it is assumed to contribute
21    toward its Adequacy Target for purposes of the
22    Evidence-Based Funding formula calculation. "Local
23    Capacity" means either (i) the Organizational Unit's Local
24    Capacity Target as calculated in accordance with paragraph
25    (2) of this subsection (c) if its Real Receipts are equal
26    to or less than its Local Capacity Target or (ii) the

 

 

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1    Organizational Unit's Adjusted Local Capacity, as
2    calculated in accordance with paragraph (3) of this
3    subsection (c) if Real Receipts are more than its Local
4    Capacity Target.
5        (2) "Local Capacity Target" means, for an
6    Organizational Unit, that dollar amount that is obtained by
7    multiplying its Adequacy Target by its Local Capacity
8    Ratio.
9            (A) An Organizational Unit's Local Capacity
10        Percentage is the conversion of the Organizational
11        Unit's Local Capacity Ratio, as such ratio is
12        determined in accordance with subparagraph (B) of this
13        paragraph (2), into a cumulative distribution
14        resulting in a percentile ranking to determine each
15        Organizational Unit's relative position to all other
16        Organizational Units in this State. The calculation of
17        Local Capacity Percentage is described in subparagraph
18        (C) of this paragraph (2).
19            (B) An Organizational Unit's Local Capacity Ratio
20        in a given year is the percentage obtained by dividing
21        its Adjusted EAV or PTELL EAV, whichever is less, by
22        its Adequacy Target, with the resulting ratio further
23        adjusted as follows:
24                (i) for Organizational Units serving grades
25            kindergarten through 12 and Hybrid Districts, no
26            further adjustments shall be made;

 

 

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1                (ii) for Organizational Units serving grades
2            kindergarten through 8, the ratio shall be
3            multiplied by 9/13;
4                (iii) for Organizational Units serving grades
5            9 through 12, the Local Capacity Ratio shall be
6            multiplied by 4/13; and
7                (iv) for an Organizational Unit with a
8            different grade configuration than those specified
9            in items (i) through (iii) of this subparagraph
10            (B), the State Superintendent shall determine a
11            comparable adjustment based on the grades served.
12            (C) The Local Capacity Percentage is equal to the
13        percentile ranking of the district. Local Capacity
14        Percentage converts each Organizational Unit's Local
15        Capacity Ratio to a cumulative distribution resulting
16        in a percentile ranking to determine each
17        Organizational Unit's relative position to all other
18        Organizational Units in this State. The Local Capacity
19        Percentage cumulative distribution resulting in a
20        percentile ranking for each Organizational Unit shall
21        be calculated using the standard normal distribution
22        of the score in relation to the weighted mean and
23        weighted standard deviation and Local Capacity Ratios
24        of all Organizational Units. If the value assigned to
25        any Organizational Unit is in excess of 90%, the value
26        shall be adjusted to 90%. For Laboratory Schools, the

 

 

10100SB0458ham002- 118 -LRB101 04219 CMG 74707 a

1        Local Capacity Percentage shall be set at 10% in
2        recognition of the absence of EAV and resources from
3        the public university that are allocated to the
4        Laboratory School. For programs operated by a regional
5        office of education or an intermediate service center,
6        the Local Capacity Percentage must be set at 10% in
7        recognition of the absence of EAV and resources from
8        school districts that are allocated to the regional
9        office of education or intermediate service center.
10        The weighted mean for the Local Capacity Percentage
11        shall be determined by multiplying each Organizational
12        Unit's Local Capacity Ratio times the ASE for the unit
13        creating a weighted value, summing the weighted values
14        of all Organizational Units, and dividing by the total
15        ASE of all Organizational Units. The weighted standard
16        deviation shall be determined by taking the square root
17        of the weighted variance of all Organizational Units'
18        Local Capacity Ratio, where the variance is calculated
19        by squaring the difference between each unit's Local
20        Capacity Ratio and the weighted mean, then multiplying
21        the variance for each unit times the ASE for the unit
22        to create a weighted variance for each unit, then
23        summing all units' weighted variance and dividing by
24        the total ASE of all units.
25            (D) For any Organizational Unit, the
26        Organizational Unit's Adjusted Local Capacity Target

 

 

10100SB0458ham002- 119 -LRB101 04219 CMG 74707 a

1        shall be reduced by either (i) the school board's
2        remaining contribution pursuant to paragraph (ii) of
3        subsection (b-4) of Section 16-158 of the Illinois
4        Pension Code in a given year or (ii) the board of
5        education's remaining contribution pursuant to
6        paragraph (iv) of subsection (b) of Section 17-129 of
7        the Illinois Pension Code absent the employer normal
8        cost portion of the required contribution and amount
9        allowed pursuant to subdivision (3) of Section
10        17-142.1 of the Illinois Pension Code in a given year.
11        In the preceding sentence, item (i) shall be certified
12        to the State Board of Education by the Teachers'
13        Retirement System of the State of Illinois and item
14        (ii) shall be certified to the State Board of Education
15        by the Public School Teachers' Pension and Retirement
16        Fund of the City of Chicago.
17        (3) If an Organizational Unit's Real Receipts are more
18    than its Local Capacity Target, then its Local Capacity
19    shall equal an Adjusted Local Capacity Target as calculated
20    in accordance with this paragraph (3). The Adjusted Local
21    Capacity Target is calculated as the sum of the
22    Organizational Unit's Local Capacity Target and its Real
23    Receipts Adjustment. The Real Receipts Adjustment equals
24    the Organizational Unit's Real Receipts less its Local
25    Capacity Target, with the resulting figure multiplied by
26    the Local Capacity Percentage.

 

 

10100SB0458ham002- 120 -LRB101 04219 CMG 74707 a

1        As used in this paragraph (3), "Real Percent of
2    Adequacy" means the sum of an Organizational Unit's Real
3    Receipts, CPPRT, and Base Funding Minimum, with the
4    resulting figure divided by the Organizational Unit's
5    Adequacy Target.
6    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
7purposes of the Local Capacity calculation.
8        (1) An Organizational Unit's Real Receipts are the
9    product of its Applicable Tax Rate and its Adjusted EAV. An
10    Organizational Unit's Applicable Tax Rate is its Adjusted
11    Operating Tax Rate for property within the Organizational
12    Unit.
13        (2) The State Superintendent shall calculate the
14    equalized assessed valuation, or EAV, of all taxable
15    property of each Organizational Unit as of September 30 of
16    the previous year in accordance with paragraph (3) of this
17    subsection (d). The State Superintendent shall then
18    determine the Adjusted EAV of each Organizational Unit in
19    accordance with paragraph (4) of this subsection (d), which
20    Adjusted EAV figure shall be used for the purposes of
21    calculating Local Capacity.
22        (3) To calculate Real Receipts and EAV, the Department
23    of Revenue shall supply to the State Superintendent the
24    value as equalized or assessed by the Department of Revenue
25    of all taxable property of every Organizational Unit,
26    together with (i) the applicable tax rate used in extending

 

 

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1    taxes for the funds of the Organizational Unit as of
2    September 30 of the previous year and (ii) the limiting
3    rate for all Organizational Units subject to property tax
4    extension limitations as imposed under PTELL.
5            (A) The Department of Revenue shall add to the
6        equalized assessed value of all taxable property of
7        each Organizational Unit situated entirely or
8        partially within a county that is or was subject to the
9        provisions of Section 15-176 or 15-177 of the Property
10        Tax Code (i) an amount equal to the total amount by
11        which the homestead exemption allowed under Section
12        15-176 or 15-177 of the Property Tax Code for real
13        property situated in that Organizational Unit exceeds
14        the total amount that would have been allowed in that
15        Organizational Unit if the maximum reduction under
16        Section 15-176 was (I) $4,500 in Cook County or $3,500
17        in all other counties in tax year 2003 or (II) $5,000
18        in all counties in tax year 2004 and thereafter and
19        (ii) an amount equal to the aggregate amount for the
20        taxable year of all additional exemptions under
21        Section 15-175 of the Property Tax Code for owners with
22        a household income of $30,000 or less. The county clerk
23        of any county that is or was subject to the provisions
24        of Section 15-176 or 15-177 of the Property Tax Code
25        shall annually calculate and certify to the Department
26        of Revenue for each Organizational Unit all homestead

 

 

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1        exemption amounts under Section 15-176 or 15-177 of the
2        Property Tax Code and all amounts of additional
3        exemptions under Section 15-175 of the Property Tax
4        Code for owners with a household income of $30,000 or
5        less. It is the intent of this subparagraph (A) that if
6        the general homestead exemption for a parcel of
7        property is determined under Section 15-176 or 15-177
8        of the Property Tax Code rather than Section 15-175,
9        then the calculation of EAV shall not be affected by
10        the difference, if any, between the amount of the
11        general homestead exemption allowed for that parcel of
12        property under Section 15-176 or 15-177 of the Property
13        Tax Code and the amount that would have been allowed
14        had the general homestead exemption for that parcel of
15        property been determined under Section 15-175 of the
16        Property Tax Code. It is further the intent of this
17        subparagraph (A) that if additional exemptions are
18        allowed under Section 15-175 of the Property Tax Code
19        for owners with a household income of less than
20        $30,000, then the calculation of EAV shall not be
21        affected by the difference, if any, because of those
22        additional exemptions.
23            (B) With respect to any part of an Organizational
24        Unit within a redevelopment project area in respect to
25        which a municipality has adopted tax increment
26        allocation financing pursuant to the Tax Increment

 

 

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1        Allocation Redevelopment Act, Division 74.4 of Article
2        11 of the Illinois Municipal Code, or the Industrial
3        Jobs Recovery Law, Division 74.6 of Article 11 of the
4        Illinois Municipal Code, no part of the current EAV of
5        real property located in any such project area that is
6        attributable to an increase above the total initial EAV
7        of such property shall be used as part of the EAV of
8        the Organizational Unit, until such time as all
9        redevelopment project costs have been paid, as
10        provided in Section 11-74.4-8 of the Tax Increment
11        Allocation Redevelopment Act or in Section 11-74.6-35
12        of the Industrial Jobs Recovery Law. For the purpose of
13        the EAV of the Organizational Unit, the total initial
14        EAV or the current EAV, whichever is lower, shall be
15        used until such time as all redevelopment project costs
16        have been paid.
17            (B-5) The real property equalized assessed
18        valuation for a school district shall be adjusted by
19        subtracting from the real property value, as equalized
20        or assessed by the Department of Revenue, for the
21        district an amount computed by dividing the amount of
22        any abatement of taxes under Section 18-170 of the
23        Property Tax Code by 3.00% for a district maintaining
24        grades kindergarten through 12, by 2.30% for a district
25        maintaining grades kindergarten through 8, or by 1.05%
26        for a district maintaining grades 9 through 12 and

 

 

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1        adjusted by an amount computed by dividing the amount
2        of any abatement of taxes under subsection (a) of
3        Section 18-165 of the Property Tax Code by the same
4        percentage rates for district type as specified in this
5        subparagraph (B-5).
6            (C) For Organizational Units that are Hybrid
7        Districts, the State Superintendent shall use the
8        lesser of the adjusted equalized assessed valuation
9        for property within the partial elementary unit
10        district for elementary purposes, as defined in
11        Article 11E of this Code, or the adjusted equalized
12        assessed valuation for property within the partial
13        elementary unit district for high school purposes, as
14        defined in Article 11E of this Code.
15        (4) An Organizational Unit's Adjusted EAV shall be the
16    average of its EAV over the immediately preceding 3 years
17    or its EAV in the immediately preceding year if the EAV in
18    the immediately preceding year has declined by 10% or more
19    compared to the 3-year average. In the event of
20    Organizational Unit reorganization, consolidation, or
21    annexation, the Organizational Unit's Adjusted EAV for the
22    first 3 years after such change shall be as follows: the
23    most current EAV shall be used in the first year, the
24    average of a 2-year EAV or its EAV in the immediately
25    preceding year if the EAV declines by 10% or more compared
26    to the 2-year average for the second year, and a 3-year

 

 

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1    average EAV or its EAV in the immediately preceding year if
2    the Adjusted EAV declines by 10% or more compared to the
3    3-year average for the third year. For any school district
4    whose EAV in the immediately preceding year is used in
5    calculations, in the following year, the Adjusted EAV shall
6    be the average of its EAV over the immediately preceding 2
7    years or the immediately preceding year if that year
8    represents a decline of 10% or more compared to the 2-year
9    average.
10        "PTELL EAV" means a figure calculated by the State
11    Board for Organizational Units subject to PTELL as
12    described in this paragraph (4) for the purposes of
13    calculating an Organizational Unit's Local Capacity Ratio.
14    Except as otherwise provided in this paragraph (4), the
15    PTELL EAV of an Organizational Unit shall be equal to the
16    product of the equalized assessed valuation last used in
17    the calculation of general State aid under Section 18-8.05
18    of this Code (now repealed) or Evidence-Based Funding under
19    this Section and the Organizational Unit's Extension
20    Limitation Ratio. If an Organizational Unit has approved or
21    does approve an increase in its limiting rate, pursuant to
22    Section 18-190 of the Property Tax Code, affecting the Base
23    Tax Year, the PTELL EAV shall be equal to the product of
24    the equalized assessed valuation last used in the
25    calculation of general State aid under Section 18-8.05 of
26    this Code (now repealed) or Evidence-Based Funding under

 

 

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1    this Section multiplied by an amount equal to one plus the
2    percentage increase, if any, in the Consumer Price Index
3    for All Urban Consumers for all items published by the
4    United States Department of Labor for the 12-month calendar
5    year preceding the Base Tax Year, plus the equalized
6    assessed valuation of new property, annexed property, and
7    recovered tax increment value and minus the equalized
8    assessed valuation of disconnected property.
9        As used in this paragraph (4), "new property" and
10    "recovered tax increment value" shall have the meanings set
11    forth in the Property Tax Extension Limitation Law.
12    (e) Base Funding Minimum calculation.
13        (1) For the 2017-2018 school year, the Base Funding
14    Minimum of an Organizational Unit or a Specially Funded
15    Unit shall be the amount of State funds distributed to the
16    Organizational Unit or Specially Funded Unit during the
17    2016-2017 school year prior to any adjustments and
18    specified appropriation amounts described in this
19    paragraph (1) from the following Sections, as calculated by
20    the State Superintendent: Section 18-8.05 of this Code (now
21    repealed); Section 5 of Article 224 of Public Act 99-524
22    (equity grants); Section 14-7.02b of this Code (funding for
23    children requiring special education services); Section
24    14-13.01 of this Code (special education facilities and
25    staffing), except for reimbursement of the cost of
26    transportation pursuant to Section 14-13.01; Section

 

 

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1    14C-12 of this Code (English learners); and Section 18-4.3
2    of this Code (summer school), based on an appropriation
3    level of $13,121,600. For a school district organized under
4    Article 34 of this Code, the Base Funding Minimum also
5    includes (i) the funds allocated to the school district
6    pursuant to Section 1D-1 of this Code attributable to
7    funding programs authorized by the Sections of this Code
8    listed in the preceding sentence and (ii) the difference
9    between (I) the funds allocated to the school district
10    pursuant to Section 1D-1 of this Code attributable to the
11    funding programs authorized by Section 14-7.02 (non-public
12    special education reimbursement), subsection (b) of
13    Section 14-13.01 (special education transportation),
14    Section 29-5 (transportation), Section 2-3.80
15    (agricultural education), Section 2-3.66 (truants'
16    alternative education), Section 2-3.62 (educational
17    service centers), and Section 14-7.03 (special education -
18    orphanage) of this Code and Section 15 of the Childhood
19    Hunger Relief Act (free breakfast program) and (II) the
20    school district's actual expenditures for its non-public
21    special education, special education transportation,
22    transportation programs, agricultural education, truants'
23    alternative education, services that would otherwise be
24    performed by a regional office of education, special
25    education orphanage expenditures, and free breakfast, as
26    most recently calculated and reported pursuant to

 

 

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1    subsection (f) of Section 1D-1 of this Code. The Base
2    Funding Minimum for Glenwood Academy shall be $625,500. For
3    programs operated by a regional office of education or an
4    intermediate service center, the Base Funding Minimum must
5    be the total amount of State funds allocated to those
6    programs in the 2018-2019 school year and amounts provided
7    pursuant to Article 34 of Public Act 100-586 and Section
8    3-16 of this Code. All programs established after June 5,
9    2019 (the effective date of Public Act 101-10) and
10    administered by a regional office of education or an
11    intermediate service center must have an initial Base
12    Funding Minimum set to an amount equal to the first-year
13    ASE multiplied by the amount of per pupil funding received
14    in the previous school year by the lowest funded similar
15    existing program type. If the enrollment for a program
16    operated by a regional office of education or an
17    intermediate service center is zero, then it may not
18    receive Base Funding Minimum funds for that program in the
19    next fiscal year, and those funds must be distributed to
20    Organizational Units under subsection (g).
21        (2) For the 2018-2019 and subsequent school years, the
22    Base Funding Minimum of Organizational Units and Specially
23    Funded Units shall be the sum of (i) the amount of
24    Evidence-Based Funding for the prior school year, (ii) the
25    Base Funding Minimum for the prior school year, and (iii)
26    any amount received by a school district pursuant to

 

 

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1    Section 7 of Article 97 of Public Act 100-21.
2        (3) Subject to approval by the General Assembly as
3    provided in this paragraph (3), an Organizational Unit that
4    meets all of the following criteria, as determined by the
5    State Board, shall have District Intervention Money added
6    to its Base Funding Minimum at the time the Base Funding
7    Minimum is calculated by the State Board:
8            (A) The Organizational Unit is operating under an
9        Independent Authority under Section 2-3.25f-5 of this
10        Code for a minimum of 4 school years or is subject to
11        the control of the State Board pursuant to a court
12        order for a minimum of 4 school years.
13            (B) The Organizational Unit was designated as a
14        Tier 1 or Tier 2 Organizational Unit in the previous
15        school year under paragraph (3) of subsection (g) of
16        this Section.
17            (C) The Organizational Unit demonstrates
18        sustainability through a 5-year financial and
19        strategic plan.
20            (D) The Organizational Unit has made sufficient
21        progress and achieved sufficient stability in the
22        areas of governance, academic growth, and finances.
23        As part of its determination under this paragraph (3),
24    the State Board may consider the Organizational Unit's
25    summative designation, any accreditations of the
26    Organizational Unit, or the Organizational Unit's

 

 

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1    financial profile, as calculated by the State Board.
2        If the State Board determines that an Organizational
3    Unit has met the criteria set forth in this paragraph (3),
4    it must submit a report to the General Assembly, no later
5    than January 2 of the fiscal year in which the State Board
6    makes it determination, on the amount of District
7    Intervention Money to add to the Organizational Unit's Base
8    Funding Minimum. The General Assembly must review the State
9    Board's report and may approve or disapprove, by joint
10    resolution, the addition of District Intervention Money.
11    If the General Assembly fails to act on the report within
12    40 calendar days from the receipt of the report, the
13    addition of District Intervention Money is deemed
14    approved. If the General Assembly approves the amount of
15    District Intervention Money to be added to the
16    Organizational Unit's Base Funding Minimum, the District
17    Intervention Money must be added to the Base Funding
18    Minimum annually thereafter.
19        For the first 4 years following the initial year that
20    the State Board determines that an Organizational Unit has
21    met the criteria set forth in this paragraph (3) and has
22    received funding under this Section, the Organizational
23    Unit must annually submit to the State Board, on or before
24    November 30, a progress report regarding its financial and
25    strategic plan under subparagraph (C) of this paragraph
26    (3). The plan shall include the financial data from the

 

 

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1    past 4 annual financial reports or financial audits that
2    must be presented to the State Board by November 15 of each
3    year and the approved budget financial data for the current
4    year. The plan shall be developed according to the
5    guidelines presented to the Organizational Unit by the
6    State Board. The plan shall further include financial
7    projections for the next 3 fiscal years and include a
8    discussion and financial summary of the Organizational
9    Unit's facility needs. If the Organizational Unit does not
10    demonstrate sufficient progress toward its 5-year plan or
11    if it has failed to file an annual financial report, an
12    annual budget, a financial plan, a deficit reduction plan,
13    or other financial information as required by law, the
14    State Board may establish a Financial Oversight Panel under
15    Article 1H of this Code. However, if the Organizational
16    Unit already has a Financial Oversight Panel, the State
17    Board may extend the duration of the Panel.
18    (f) Percent of Adequacy and Final Resources calculation.
19        (1) The Evidence-Based Funding formula establishes a
20    Percent of Adequacy for each Organizational Unit in order
21    to place such units into tiers for the purposes of the
22    funding distribution system described in subsection (g) of
23    this Section. Initially, an Organizational Unit's
24    Preliminary Resources and Preliminary Percent of Adequacy
25    are calculated pursuant to paragraph (2) of this subsection
26    (f). Then, an Organizational Unit's Final Resources and

 

 

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1    Final Percent of Adequacy are calculated to account for the
2    Organizational Unit's poverty concentration levels
3    pursuant to paragraphs (3) and (4) of this subsection (f).
4        (2) An Organizational Unit's Preliminary Resources are
5    equal to the sum of its Local Capacity Target, CPPRT, and
6    Base Funding Minimum. An Organizational Unit's Preliminary
7    Percent of Adequacy is the lesser of (i) its Preliminary
8    Resources divided by its Adequacy Target or (ii) 100%.
9        (3) Except for Specially Funded Units, an
10    Organizational Unit's Final Resources are equal to the sum
11    of its Local Capacity, CPPRT, and Adjusted Base Funding
12    Minimum. The Base Funding Minimum of each Specially Funded
13    Unit shall serve as its Final Resources, except that the
14    Base Funding Minimum for State-approved charter schools
15    shall not include any portion of general State aid
16    allocated in the prior year based on the per capita tuition
17    charge times the charter school enrollment.
18        (4) An Organizational Unit's Final Percent of Adequacy
19    is its Final Resources divided by its Adequacy Target. An
20    Organizational Unit's Adjusted Base Funding Minimum is
21    equal to its Base Funding Minimum less its Supplemental
22    Grant Funding, with the resulting figure added to the
23    product of its Supplemental Grant Funding and Preliminary
24    Percent of Adequacy.
25    (g) Evidence-Based Funding formula distribution system.
26        (1) In each school year under the Evidence-Based

 

 

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1    Funding formula, each Organizational Unit receives funding
2    equal to the sum of its Base Funding Minimum and the unit's
3    allocation of New State Funds determined pursuant to this
4    subsection (g). To allocate New State Funds, the
5    Evidence-Based Funding formula distribution system first
6    places all Organizational Units into one of 4 tiers in
7    accordance with paragraph (3) of this subsection (g), based
8    on the Organizational Unit's Final Percent of Adequacy. New
9    State Funds are allocated to each of the 4 tiers as
10    follows: Tier 1 Aggregate Funding equals 50% of all New
11    State Funds, Tier 2 Aggregate Funding equals 49% of all New
12    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
13    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
14    of all New State Funds. Each Organizational Unit within
15    Tier 1 or Tier 2 receives an allocation of New State Funds
16    equal to its tier Funding Gap, as defined in the following
17    sentence, multiplied by the tier's Allocation Rate
18    determined pursuant to paragraph (4) of this subsection
19    (g). For Tier 1, an Organizational Unit's Funding Gap
20    equals the tier's Target Ratio, as specified in paragraph
21    (5) of this subsection (g), multiplied by the
22    Organizational Unit's Adequacy Target, with the resulting
23    amount reduced by the Organizational Unit's Final
24    Resources. For Tier 2, an Organizational Unit's Funding Gap
25    equals the tier's Target Ratio, as described in paragraph
26    (5) of this subsection (g), multiplied by the

 

 

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1    Organizational Unit's Adequacy Target, with the resulting
2    amount reduced by the Organizational Unit's Final
3    Resources and its Tier 1 funding allocation. To determine
4    the Organizational Unit's Funding Gap, the resulting
5    amount is then multiplied by a factor equal to one minus
6    the Organizational Unit's Local Capacity Target
7    percentage. Each Organizational Unit within Tier 3 or Tier
8    4 receives an allocation of New State Funds equal to the
9    product of its Adequacy Target and the tier's Allocation
10    Rate, as specified in paragraph (4) of this subsection (g).
11        (2) To ensure equitable distribution of dollars for all
12    Tier 2 Organizational Units, no Tier 2 Organizational Unit
13    shall receive fewer dollars per ASE than any Tier 3
14    Organizational Unit. Each Tier 2 and Tier 3 Organizational
15    Unit shall have its funding allocation divided by its ASE.
16    Any Tier 2 Organizational Unit with a funding allocation
17    per ASE below the greatest Tier 3 allocation per ASE shall
18    get a funding allocation equal to the greatest Tier 3
19    funding allocation per ASE multiplied by the
20    Organizational Unit's ASE. Each Tier 2 Organizational
21    Unit's Tier 2 funding allocation shall be multiplied by the
22    percentage calculated by dividing the original Tier 2
23    Aggregate Funding by the sum of all Tier 2 Organizational
24    Units' Tier 2 funding allocation after adjusting
25    districts' funding below Tier 3 levels.
26        (3) Organizational Units are placed into one of 4 tiers

 

 

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1    as follows:
2            (A) Tier 1 consists of all Organizational Units,
3        except for Specially Funded Units, with a Percent of
4        Adequacy less than the Tier 1 Target Ratio. The Tier 1
5        Target Ratio is the ratio level that allows for Tier 1
6        Aggregate Funding to be distributed, with the Tier 1
7        Allocation Rate determined pursuant to paragraph (4)
8        of this subsection (g).
9            (B) Tier 2 consists of all Tier 1 Units and all
10        other Organizational Units, except for Specially
11        Funded Units, with a Percent of Adequacy of less than
12        0.90.
13            (C) Tier 3 consists of all Organizational Units,
14        except for Specially Funded Units, with a Percent of
15        Adequacy of at least 0.90 and less than 1.0.
16            (D) Tier 4 consists of all Organizational Units
17        with a Percent of Adequacy of at least 1.0.
18        (4) The Allocation Rates for Tiers 1 through 4 are
19    determined as follows:
20            (A) The Tier 1 Allocation Rate is 30%.
21            (B) The Tier 2 Allocation Rate is the result of the
22        following equation: Tier 2 Aggregate Funding, divided
23        by the sum of the Funding Gaps for all Tier 2
24        Organizational Units, unless the result of such
25        equation is higher than 1.0. If the result of such
26        equation is higher than 1.0, then the Tier 2 Allocation

 

 

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1        Rate is 1.0.
2            (C) The Tier 3 Allocation Rate is the result of the
3        following equation: Tier 3 Aggregate Funding, divided
4        by the sum of the Adequacy Targets of all Tier 3
5        Organizational Units.
6            (D) The Tier 4 Allocation Rate is the result of the
7        following equation: Tier 4 Aggregate Funding, divided
8        by the sum of the Adequacy Targets of all Tier 4
9        Organizational Units.
10        (5) A tier's Target Ratio is determined as follows:
11            (A) The Tier 1 Target Ratio is the ratio level that
12        allows for Tier 1 Aggregate Funding to be distributed
13        with the Tier 1 Allocation Rate.
14            (B) The Tier 2 Target Ratio is 0.90.
15            (C) The Tier 3 Target Ratio is 1.0.
16        (6) If, at any point, the Tier 1 Target Ratio is
17    greater than 90%, then than all Tier 1 funding shall be
18    allocated to Tier 2 and no Tier 1 Organizational Unit's
19    funding may be identified.
20        (7) In the event that all Tier 2 Organizational Units
21    receive funding at the Tier 2 Target Ratio level, any
22    remaining New State Funds shall be allocated to Tier 3 and
23    Tier 4 Organizational Units.
24        (8) If any Specially Funded Units, excluding Glenwood
25    Academy, recognized by the State Board do not qualify for
26    direct funding following the implementation of Public Act

 

 

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1    100-465 from any of the funding sources included within the
2    definition of Base Funding Minimum, the unqualified
3    portion of the Base Funding Minimum shall be transferred to
4    one or more appropriate Organizational Units as determined
5    by the State Superintendent based on the prior year ASE of
6    the Organizational Units.
7        (8.5) If a school district withdraws from a special
8    education cooperative, the portion of the Base Funding
9    Minimum that is attributable to the school district may be
10    redistributed to the school district upon withdrawal. The
11    school district and the cooperative must include the amount
12    of the Base Funding Minimum that is to be reapportioned in
13    their withdrawal agreement and notify the State Board of
14    the change with a copy of the agreement upon withdrawal.
15        (9) The Minimum Funding Level is intended to establish
16    a target for State funding that will keep pace with
17    inflation and continue to advance equity through the
18    Evidence-Based Funding formula. The target for State
19    funding of New Property Tax Relief Pool Funds is
20    $50,000,000 for State fiscal year 2019 and subsequent State
21    fiscal years. The Minimum Funding Level is equal to
22    $350,000,000. In addition to any New State Funds, no more
23    than $50,000,000 New Property Tax Relief Pool Funds may be
24    counted toward the Minimum Funding Level. If the sum of New
25    State Funds and applicable New Property Tax Relief Pool
26    Funds are less than the Minimum Funding Level, than funding

 

 

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1    for tiers shall be reduced in the following manner:
2            (A) First, Tier 4 funding shall be reduced by an
3        amount equal to the difference between the Minimum
4        Funding Level and New State Funds until such time as
5        Tier 4 funding is exhausted.
6            (B) Next, Tier 3 funding shall be reduced by an
7        amount equal to the difference between the Minimum
8        Funding Level and New State Funds and the reduction in
9        Tier 4 funding until such time as Tier 3 funding is
10        exhausted.
11            (C) Next, Tier 2 funding shall be reduced by an
12        amount equal to the difference between the Minimum
13        Funding Level and New State Funds and the reduction in
14        Tier 4 and Tier 3.
15            (D) Finally, Tier 1 funding shall be reduced by an
16        amount equal to the difference between the Minimum
17        Funding level and New State Funds and the reduction in
18        Tier 2, 3, and 4 funding. In addition, the Allocation
19        Rate for Tier 1 shall be reduced to a percentage equal
20        to the Tier 1 Allocation Rate set by paragraph (4) of
21        this subsection (g), multiplied by the result of New
22        State Funds divided by the Minimum Funding Level.
23        (9.5) For State fiscal year 2019 and subsequent State
24    fiscal years, if New State Funds exceed $300,000,000, then
25    any amount in excess of $300,000,000 shall be dedicated for
26    purposes of Section 2-3.170 of this Code up to a maximum of

 

 

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1    $50,000,000.
2        (10) In the event of a decrease in the amount of the
3    appropriation for this Section in any fiscal year after
4    implementation of this Section, the Organizational Units
5    receiving Tier 1 and Tier 2 funding, as determined under
6    paragraph (3) of this subsection (g), shall be held
7    harmless by establishing a Base Funding Guarantee equal to
8    the per pupil kindergarten through grade 12 funding
9    received in accordance with this Section in the prior
10    fiscal year. Reductions shall be made to the Base Funding
11    Minimum of Organizational Units in Tier 3 and Tier 4 on a
12    per pupil basis equivalent to the total number of the ASE
13    in Tier 3-funded and Tier 4-funded Organizational Units
14    divided by the total reduction in State funding. The Base
15    Funding Minimum as reduced shall continue to be applied to
16    Tier 3 and Tier 4 Organizational Units and adjusted by the
17    relative formula when increases in appropriations for this
18    Section resume. In no event may State funding reductions to
19    Organizational Units in Tier 3 or Tier 4 exceed an amount
20    that would be less than the Base Funding Minimum
21    established in the first year of implementation of this
22    Section. If additional reductions are required, all school
23    districts shall receive a reduction by a per pupil amount
24    equal to the aggregate additional appropriation reduction
25    divided by the total ASE of all Organizational Units.
26        (11) The State Superintendent shall make minor

 

 

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1    adjustments to the distribution formula set forth in this
2    subsection (g) to account for the rounding of percentages
3    to the nearest tenth of a percentage and dollar amounts to
4    the nearest whole dollar.
5    (h) State Superintendent administration of funding and
6district submission requirements.
7        (1) The State Superintendent shall, in accordance with
8    appropriations made by the General Assembly, meet the
9    funding obligations created under this Section.
10        (2) The State Superintendent shall calculate the
11    Adequacy Target for each Organizational Unit and Net State
12    Contribution Target for each Organizational Unit under
13    this Section. No Evidence-Based Funding shall be
14    distributed within an Organizational Unit without the
15    approval of the unit's school board.
16        (3) Annually, the State Superintendent shall calculate
17    and report to each Organizational Unit the unit's aggregate
18    financial adequacy amount, which shall be the sum of the
19    Adequacy Target for each Organizational Unit. The State
20    Superintendent shall calculate and report separately for
21    each Organizational Unit the unit's total State funds
22    allocated for its students with disabilities. The State
23    Superintendent shall calculate and report separately for
24    each Organizational Unit the amount of funding and
25    applicable FTE calculated for each Essential Element of the
26    unit's Adequacy Target.

 

 

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1        (4) Annually, the State Superintendent shall calculate
2    and report to each Organizational Unit the amount the unit
3    must expend on special education and bilingual education
4    and computer technology and equipment for Organizational
5    Units assigned to Tier 1 or Tier 2 that received an
6    additional $285.50 per student computer technology and
7    equipment investment grant to their Adequacy Target
8    pursuant to the unit's Base Funding Minimum, Special
9    Education Allocation, Bilingual Education Allocation, and
10    computer technology and equipment investment allocation.
11        (5) Moneys distributed under this Section shall be
12    calculated on a school year basis, but paid on a fiscal
13    year basis, with payments beginning in August and extending
14    through June. Unless otherwise provided, the moneys
15    appropriated for each fiscal year shall be distributed in
16    22 equal payments at least 2 times monthly to each
17    Organizational Unit. If moneys appropriated for any fiscal
18    year are distributed other than monthly, the distribution
19    shall be on the same basis for each Organizational Unit.
20        (6) Any school district that fails, for any given
21    school year, to maintain school as required by law or to
22    maintain a recognized school is not eligible to receive
23    Evidence-Based Funding. In case of non-recognition of one
24    or more attendance centers in a school district otherwise
25    operating recognized schools, the claim of the district
26    shall be reduced in the proportion that the enrollment in

 

 

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1    the attendance center or centers bears to the enrollment of
2    the school district. "Recognized school" means any public
3    school that meets the standards for recognition by the
4    State Board. A school district or attendance center not
5    having recognition status at the end of a school term is
6    entitled to receive State aid payments due upon a legal
7    claim that was filed while it was recognized.
8        (7) School district claims filed under this Section are
9    subject to Sections 18-9 and 18-12 of this Code, except as
10    otherwise provided in this Section.
11        (8) Each fiscal year, the State Superintendent shall
12    calculate for each Organizational Unit an amount of its
13    Base Funding Minimum and Evidence-Based Funding that shall
14    be deemed attributable to the provision of special
15    educational facilities and services, as defined in Section
16    14-1.08 of this Code, in a manner that ensures compliance
17    with maintenance of State financial support requirements
18    under the federal Individuals with Disabilities Education
19    Act. An Organizational Unit must use such funds only for
20    the provision of special educational facilities and
21    services, as defined in Section 14-1.08 of this Code, and
22    must comply with any expenditure verification procedures
23    adopted by the State Board.
24        (9) All Organizational Units in this State must submit
25    annual spending plans by the end of September of each year
26    to the State Board as part of the annual budget process,

 

 

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1    which shall describe how each Organizational Unit will
2    utilize the Base Funding Minimum and Evidence-Based
3    Funding it receives from this State under this Section with
4    specific identification of the intended utilization of
5    Low-Income, English learner, and special education
6    resources. Additionally, the annual spending plans of each
7    Organizational Unit shall describe how the Organizational
8    Unit expects to achieve student growth and how the
9    Organizational Unit will achieve State education goals, as
10    defined by the State Board. The State Superintendent may,
11    from time to time, identify additional requisites for
12    Organizational Units to satisfy when compiling the annual
13    spending plans required under this subsection (h). The
14    format and scope of annual spending plans shall be
15    developed by the State Superintendent and the State Board
16    of Education. School districts that serve students under
17    Article 14C of this Code shall continue to submit
18    information as required under Section 14C-12 of this Code.
19        (10) No later than January 1, 2018, the State
20    Superintendent shall develop a 5-year strategic plan for
21    all Organizational Units to help in planning for adequacy
22    funding under this Section. The State Superintendent shall
23    submit the plan to the Governor and the General Assembly,
24    as provided in Section 3.1 of the General Assembly
25    Organization Act. The plan shall include recommendations
26    for:

 

 

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1            (A) a framework for collaborative, professional,
2        innovative, and 21st century learning environments
3        using the Evidence-Based Funding model;
4            (B) ways to prepare and support this State's
5        educators for successful instructional careers;
6            (C) application and enhancement of the current
7        financial accountability measures, the approved State
8        plan to comply with the federal Every Student Succeeds
9        Act, and the Illinois Balanced Accountability Measures
10        in relation to student growth and elements of the
11        Evidence-Based Funding model; and
12            (D) implementation of an effective school adequacy
13        funding system based on projected and recommended
14        funding levels from the General Assembly.
15        (11) On an annual basis, the State Superintendent must
16    recalibrate all of the following per pupil elements of the
17    Adequacy Target and applied to the formulas, based on the
18    study of average expenses and as reported in the most
19    recent annual financial report:
20            (A) Gifted under subparagraph (M) of paragraph (2)
21        of subsection (b).
22            (B) Instructional materials under subparagraph (O)
23        of paragraph (2) of subsection (b).
24            (C) Assessment under subparagraph (P) of paragraph
25        (2) of subsection (b).
26            (D) Student activities under subparagraph (R) of

 

 

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1        paragraph (2) of subsection (b).
2            (E) Maintenance and operations under subparagraph
3        (S) of paragraph (2) of subsection (b).
4            (F) Central office under subparagraph (T) of
5        paragraph (2) of subsection (b).
6    (i) Professional Review Panel.
7        (1) A Professional Review Panel is created to study and
8    review topics related to the implementation and effect of
9    Evidence-Based Funding, as assigned by a joint resolution
10    or Public Act of the General Assembly or a motion passed by
11    the State Board of Education. The Panel must provide
12    recommendations to and serve the Governor, the General
13    Assembly, and the State Board. The State Superintendent or
14    his or her designee must serve as a voting member and
15    chairperson of the Panel. The State Superintendent must
16    appoint a vice chairperson from the membership of the
17    Panel. The Panel must advance recommendations based on a
18    three-fifths majority vote of Panel members present and
19    voting. A minority opinion may also accompany any
20    recommendation of the Panel. The Panel shall be appointed
21    by the State Superintendent, except as otherwise provided
22    in paragraph (2) of this subsection (i) and include the
23    following members:
24            (A) Two appointees that represent district
25        superintendents, recommended by a statewide
26        organization that represents district superintendents.

 

 

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1            (B) Two appointees that represent school boards,
2        recommended by a statewide organization that
3        represents school boards.
4            (C) Two appointees from districts that represent
5        school business officials, recommended by a statewide
6        organization that represents school business
7        officials.
8            (D) Two appointees that represent school
9        principals, recommended by a statewide organization
10        that represents school principals.
11            (E) Two appointees that represent teachers,
12        recommended by a statewide organization that
13        represents teachers.
14            (F) Two appointees that represent teachers,
15        recommended by another statewide organization that
16        represents teachers.
17            (G) Two appointees that represent regional
18        superintendents of schools, recommended by
19        organizations that represent regional superintendents.
20            (H) Two independent experts selected solely by the
21        State Superintendent.
22            (I) Two independent experts recommended by public
23        universities in this State.
24            (J) One member recommended by a statewide
25        organization that represents parents.
26            (K) Two representatives recommended by collective

 

 

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1        impact organizations that represent major metropolitan
2        areas or geographic areas in Illinois.
3            (L) One member from a statewide organization
4        focused on research-based education policy to support
5        a school system that prepares all students for college,
6        a career, and democratic citizenship.
7            (M) One representative from a school district
8        organized under Article 34 of this Code.
9        The State Superintendent shall ensure that the
10    membership of the Panel includes representatives from
11    school districts and communities reflecting the
12    geographic, socio-economic, racial, and ethnic diversity
13    of this State. The State Superintendent shall additionally
14    ensure that the membership of the Panel includes
15    representatives with expertise in bilingual education and
16    special education. Staff from the State Board shall staff
17    the Panel.
18        (2) In addition to those Panel members appointed by the
19    State Superintendent, 4 members of the General Assembly
20    shall be appointed as follows: one member of the House of
21    Representatives appointed by the Speaker of the House of
22    Representatives, one member of the Senate appointed by the
23    President of the Senate, one member of the House of
24    Representatives appointed by the Minority Leader of the
25    House of Representatives, and one member of the Senate
26    appointed by the Minority Leader of the Senate. There shall

 

 

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1    be one additional member appointed by the Governor. All
2    members appointed by legislative leaders or the Governor
3    shall be non-voting, ex officio members.
4        (3) The Panel must study topics at the direction of the
5    General Assembly or State Board of Education, as provided
6    under paragraph (1). The Panel may also study the following
7    topics at the direction of the chairperson:
8            (A) The format and scope of annual spending plans
9        referenced in paragraph (9) of subsection (h) of this
10        Section.
11            (B) The Comparable Wage Index under this Section.
12            (C) Maintenance and operations, including capital
13        maintenance and construction costs.
14            (D) "At-risk student" definition.
15            (E) Benefits.
16            (F) Technology.
17            (G) Local Capacity Target.
18            (H) Funding for Alternative Schools, Laboratory
19        Schools, safe schools, and alternative learning
20        opportunities programs.
21            (I) Funding for college and career acceleration
22        strategies.
23            (J) Special education investments.
24            (K) Early childhood investments, in collaboration
25        with the Illinois Early Learning Council.
26        (4) (Blank).

 

 

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1        (5) Within 5 years after the implementation of this
2    Section, and every 5 years thereafter, the Panel shall
3    complete an evaluative study of the entire Evidence-Based
4    Funding model, including an assessment of whether or not
5    the formula is achieving State goals. The Panel shall
6    report to the State Board, the General Assembly, and the
7    Governor on the findings of the study.
8        (6) (Blank).
9        (7) To ensure that (i) the Adequacy Target calculation
10    under subsection (b) accurately reflects the needs of
11    students living in poverty or attending schools located in
12    areas of high poverty, (ii) racial equity within the
13    Evidence-Based Funding formula is explicitly explored and
14    advanced, and (iii) the funding goals of the formula
15    distribution system established under this Section are
16    sufficient to provide adequate funding for every student
17    and to fully fund every school in this State, the Panel
18    shall review the Essential Elements under paragraph (2) of
19    subsection (b). The Panel shall consider all of the
20    following in its review:
21            (A) The financial ability of school districts to
22        provide instruction in a foreign language to every
23        student and whether an additional Essential Element
24        should be added to the formula to ensure that every
25        student has access to instruction in a foreign
26        language.

 

 

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1            (B) The adult-to-student ratio for each Essential
2        Element in which a ratio is identified. The Panel shall
3        consider whether the ratio accurately reflects the
4        staffing needed to support students living in poverty
5        or who have traumatic backgrounds.
6            (C) Changes to the Essential Elements that may be
7        required to better promote racial equity and eliminate
8        structural racism within schools.
9            (D) The impact of investing $350,000,000 in
10        additional funds each year under this Section and an
11        estimate of when the school system will become fully
12        funded under this level of appropriation.
13            (E) Provide an overview of alternative funding
14        structures that would enable the State to become fully
15        funded at an earlier date.
16            (F) The potential to increase efficiency and to
17        find cost savings within the school system to expedite
18        the journey to a fully funded system.
19            (G) The appropriate levels for reenrolling and
20        graduating high-risk high school students who have
21        been previously out of school. These outcomes shall
22        include enrollment, attendance, skill gains, credit
23        gains, graduation or promotion to the next grade level,
24        and the transition to college, training, or
25        employment, with an emphasis on progressively
26        increasing the overall attendance.

 

 

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1            (H) The evidence-based or research-based practices
2        that are shown to reduce the gaps and disparities
3        experienced by African American students in academic
4        achievement and educational performance, including
5        practices that have been shown to reduce parities in
6        disciplinary rates, drop-out rates, graduation rates,
7        college matriculation rates, and college completion
8        rates.
9        On or before December 31, 2021, the Panel shall report
10    to the State Board, the General Assembly, and the Governor
11    on the findings of its review. This paragraph (7) is
12    inoperative on and after July 1, 2022.
13    (j) References. Beginning July 1, 2017, references in other
14laws to general State aid funds or calculations under Section
1518-8.05 of this Code (now repealed) shall be deemed to be
16references to evidence-based model formula funds or
17calculations under this Section.
18(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
19100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
206-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
 
21
Article 95.

 
22    Section 95-1. Short title. This Article may be cited as the
23Equity in Higher Education Act. References in this Article to
24"this Act" mean this Article.
 

 

 

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1    Section 95-5. Findings; policies.
2    (a) The General Assembly finds the following:
3        (1) Historic and continuous systemic racism has
4    created significant disparities in college access,
5    affordability, and completion for Black, Latinx,
6    low-income, and other underrepresented and historically
7    underserved students.
8        (2) Higher education is examining its role as a
9    contributor to systemic racism, while recognizing its
10    place in providing opportunity and upward mobility, and its
11    role as a powerful actor in dismantling systemic racism.
12        (3) Chicago State University has created the Equity
13    Working Group, which includes statewide representation of
14    private, community, and public sector stakeholders, to
15    create an action plan for employers, the secondary and
16    postsecondary education systems, philanthropic
17    organizations, community-based organizations, and our
18    executive and legislative bodies to improve college
19    access, completion, and post-graduation outcomes for Black
20    college students in Illinois.
21        (4) Despite similar numbers of Black high school
22    graduates, Illinois saw about 25,000 fewer Black enrollees
23    in Illinois higher education in 2018 compared to 2008.
24        (5) Illinois must address wide disparities in degree
25    completion at Illinois community colleges, which currently

 

 

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1    graduate Black and Latinx students at a rate of 14% and 26%
2    respectively compared to the rate of 38% for White
3    students, as well as at public universities, which
4    currently graduate Black and Latinx students at a rate of
5    34% and 49% respectively compared to 66% of White students,
6    within 6 years.
7        (6) The State of Illinois benefits from a diverse
8    public higher education system that includes universities
9    and community colleges with different missions and scopes
10    that maximize college enrollment, persistence, and
11    completion of underrepresented and historically
12    underserved students, including Black and Latinx students
13    and students from low-income families.
14        (7) Illinois has a moral obligation and an economic
15    interest in dismantling and reforming structures that
16    create or exacerbate racial and socioeconomic inequities
17    in K-12 and higher education.
18        (8) The Board of Higher Education has a statutory
19    obligation to create a strategic plan for higher education
20    and has adopted core principles to guide this plan.
21        (9) The Board of Higher Education has included among
22    its core principles designed to guide the strategic plan
23    the assumption that excellence coupled with equity should
24    drive the higher education system and that the higher
25    education system will make equity-driven decisions,
26    elevating the voices of those who have been underserved,

 

 

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1    and actively identify and remove systemic barriers that
2    have prevented students of color, first generation college
3    students, low-income students, adult learners, and rural
4    students from accessing and succeeding in higher
5    education; access and affordability as well as high quality
6    are embedded in the definition of equity.
7    (b) The General Assembly supports all of the following work
8and goals of the Board of Higher Education:
9        (1) Its work on the strategic plan for higher education
10    and the vision it has set forth that over the next 10 years
11    Illinois will have an equitable, accessible, innovative,
12    nimble, and aligned higher education ecosystem that
13    ensures individuals, families, and communities across the
14    state thrive.
15        (2) Its goal to close equity gaps in higher education
16    in Illinois and that the strategic plan will identify
17    multiple strategies to achieve this goal.
18        (3) Its goal to increase postsecondary
19    credential/degree attainment and develop talent to drive
20    the economy of Illinois and that the strategic plan will
21    identify strategies to achieve this goal, including
22    embedding equity in the State's attainment goal.
23        (4) Its goal to improve higher education
24    affordability, increase access, and manage costs and the
25    expectation that the strategic plan will identify
26    strategies for stakeholders to achieve these goals,

 

 

10100SB0458ham002- 155 -LRB101 04219 CMG 74707 a

1    including opportunities to improve efficiency and
2    principles for equitable and adequate ways to fund higher
3    education.
4    (c) The General Assembly encourages the Board of Higher
5Education to prepare an array of policy, practice, and proposed
6legislative changes required to implement the strategic plan,
7along with an implementation process and timeline by May 1,
82021 and to regularly evaluate the impact of the implementation
9of the strategic plan and publicly report the evaluation to
10ensure that the goals are achieved as intended and lead to a
11high-quality, equitable, and diverse higher education system
12in Illinois.
 
13
Article 100.

 
14    Section 100-1. Short title. This Act may be cited as the
15Developmental Education Reform Act. References in this Article
16to "this Act" mean this Article.
 
17    Section 100-5. Findings. The General Assembly makes all of
18the following findings:
19        (1) Nearly 50% of this State's high school graduates
20    who enroll full-time in a community college are placed in
21    developmental education coursework in at least one
22    subject. Community colleges place nearly 71% of Black
23    students in developmental education courses compared to

 

 

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1    42% of white students.
2        (2) Traditional developmental education courses cost
3    students' time and money and expend their financial aid
4    because a student does not receive college credit for the
5    successful completion of a traditional developmental
6    education course. This can be a barrier to enrollment,
7    persistence, and certificate or degree completion.
8        (3) Developmental education courses can exacerbate
9    inequities in higher education. Community colleges
10    graduate Black students who are placed in developmental
11    education courses at a rate of approximately 8% compared to
12    a graduation rate of 26% for white students who are placed
13    in developmental education courses.
14        (4) A history of inconsistent and inadequate
15    approaches to student placement in community college
16    coursework, such as the reliance on standardized test
17    scores, has resulted in too many students being placed in
18    developmental education coursework who could otherwise
19    succeed in introductory college-level coursework or
20    introductory college-level coursework with concurrent
21    support.
22        (5) Public institutions of higher education and State
23    agencies have undertaken voluntary efforts and committed
24    resources to improve placement and to address disparities
25    in the successful completion of introductory college-level
26    coursework.

 

 

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1        (6) The Illinois Council of Community College
2    Presidents, the Illinois Community College Chief Academic
3    Officers Commission, the Illinois Community College Chief
4    Student Services Officers Commission, and the Illinois
5    Mathematics Association of Community Colleges have already
6    developed and approved a more equitable, multiple measures
7    framework for placement in coursework that is currently
8    implemented at many but not all community colleges.
9        (7) In 2019, members of the General Assembly, faculty
10    and administrators from public institutions of higher
11    education, board trustees from community college
12    districts, representatives from the Board of Higher
13    Education, the Illinois Community College Board, and other
14    appointed stakeholders convened a task force to inventory
15    and study developmental education models employed by
16    public community colleges and universities in this State
17    and to submit a detailed plan for scaling developmental
18    education reforms in which all students who are placed in
19    developmental education coursework are enrolled in an
20    evidence-based developmental education model that
21    maximizes a student's likelihood of completing an
22    introductory college-level course within his or her first 2
23    semesters at an institution of higher education. The data
24    released by the task force indicates all of the following:
25            (A) Despite more effective developmental education
26        models, community colleges and universities use the

 

 

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1        traditional developmental education model for 77% of
2        students who place in a developmental education
3        mathematics course and for 67% of students who place in
4        a developmental English language course.
5            (B) Improved policies, programs, and practices are
6        essential to address the systemic inequities that
7        exist in postsecondary education in this State, such as
8        the disproportionate enrollment of Black students in
9        developmental education courses.
 
10    Section 100-10. Definitions. In this Act:
11    "College-level English language or mathematics course" or
12"college-level English language or mathematics coursework"
13means a course that bears credit and fulfills English language
14or mathematics credit requirements for a baccalaureate degree,
15a certificate, or an associate degree from a postsecondary
16educational institution.
17    "Community college" means a public community college in
18this State.
19    "Developmental education" means instruction through which
20a high school graduate who applies to a college credit program
21may attain the communication and computation skills necessary
22to successfully complete college-level coursework.
23    "Developmental education course" or "developmental
24education coursework" means a course or a category of courses
25in which students are placed based on an institution's finding

 

 

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1that a student does not have the proficiency necessary to
2succeed in an introductory college-level English language or
3mathematics course.
4    "Institution of higher education" or "institution" means a
5public community college or university in this State.
6    "University" means a public university in this State.
 
7    Section 100-15. Placement measures.
8    (a) On or before May 1, 2022, a community college shall use
9each of the following measures, as appropriate, to determine
10the placement of a student in introductory college-level
11English language or mathematics coursework and shall use the
12scores set forth in recommendations approved by the Illinois
13Council of Community College Presidents on June 1, 2018:
14        (1) A student's cumulative high school grade point
15    average.
16        (2) A student's successful completion of an
17    appropriate high school transition course in mathematics
18    or English.
19        (3) A student's successful completion of an
20    appropriate developmental education or introductory
21    college-level English language or mathematics course at
22    another regionally accredited postsecondary educational
23    institution.
24    (b) In determining the placement of a student in
25introductory college-level English language or mathematics

 

 

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1coursework, a community college shall consider the
2standardized test scores provided by the student for placement
3in an introductory college-level English language or
4mathematics course.
5    In addition, a community college is encouraged to use the
6scores set forth in recommendations approved by the Illinois
7Council of Community College Presidents on June 1, 2018 and
8should also consider other individual measures for placement in
9an introductory college-level English language or mathematics
10course, as set forth in recommendations approved by the
11Illinois Council of Community College Presidents on June 1,
122018, and the scores set forth in those recommendations.
13    In its discretion, a community college may accept a lower
14score on individual placement measures or accept lower scores
15in combination with other placement measures than those set
16forth in the recommendations.
17    (c) If a student qualifies for placement in an introductory
18college-level English language or mathematics course using a
19single measure under subsection (a) or (b), no additional
20measures need to be considered for placement of the student in
21the introductory college-level English language or mathematics
22course.
 
23    Section 100-20. Recommendations of Illinois Council of
24Community College Presidents recommendation revisions; math
25pathways.

 

 

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1    (a) If the Illinois Council of Community College Presidents
2approves any revised recommendations for determining the
3placement of students in introductory college-level English
4language or mathematics courses in response to changes in
5scoring systems, the introduction and use of additional
6measures, or evidence that demonstrates the inaccuracy in the
7use of scores in previous recommendations, then, within one
8year after the date of the adoption of those revised
9recommendations, references in this Act to recommendations
10approved by the Illinois Council of Community College
11Presidents on June 1, 2018 shall mean the revised
12recommendations. The General Assembly may request that the
13Illinois Council of Community College Presidents provide to the
14General Assembly the rationale and supporting evidence for any
15revision to the Council's recommendations.
16    (b) Beginning no later than December 1, 2021, the Illinois
17Board of Higher Education shall convene stakeholders to
18consider a multiple measures framework for placement into
19college-level coursework for Illinois public universities with
20considerations for math pathways and major requirements.
 
21    Section 100-25. Placement policy; report.
22    (a) Each institution of higher education shall publicly
23post its placement policy in a manner that is easily accessible
24to both students and prospective students.
25    (b) On or before July 1, 2023, the Illinois Community

 

 

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1College Board shall issue a report, which shall be made
2available to the public on its Internet website, concerning
3each community college's developmental education and
4college-level coursework placement policy and the policy's
5outcomes. The data disclosed in the report must be consistent
6with the Illinois Community College Board's requirements for
7data collection and must be disaggregated by developmental
8education course model, as defined by the Illinois Community
9College Board, and by gender, race and ethnicity, and federal
10Pell Grant status.
 
11    Section 100-30. Institutional plans; report.
12    (a) On or before May 1, 2022, each university shall submit
13to the Board of Higher Education and each community college
14shall submit to the Illinois Community College Board its
15institutional plan for scaling evidence-based developmental
16education reforms to maximize the probability that a student
17will be placed in and successfully complete introductory
18college-level English language or mathematics coursework
19within 2 semesters at the institution. At a minimum, a plan
20submitted by an institution shall include all of the following:
21        (1) A description of the current developmental
22    education models offered by the institution. If the
23    institution does not currently offer developmental
24    education coursework, it must provide details regarding
25    its decision not to offer developmental education

 

 

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1    coursework and the pathways that are available to students
2    deemed to be insufficiently prepared for introductory
3    college-level English language or mathematics coursework.
4        (2) A description of the developmental education
5    models that will be implemented and scaled and the basis of
6    the evidence and associated data that the institution
7    considered in making the decision to scale each model.
8        (3) Baseline data and benchmarks for progress,
9    including, but not limited to, (i) enrollment in
10    credit-bearing English language or mathematics courses,
11    (ii) rates of successful completion of introductory
12    college-level English language or mathematics courses, and
13    (iii) college-credit accumulation.
14        (4) Detailed plans for scaling reforms and improving
15    outcomes for all students placed in traditional
16    developmental education models or models with comparable
17    introductory college-level course completion rates. The
18    plan shall provide details about the expected improvements
19    in educational outcomes for Black students as result of the
20    proposed reforms.
21    (b) On or before January 1, 2023 and each year thereafter,
22the Board of Higher Education and Illinois Community College
23Board shall collect data and report to the General Assembly and
24the public the status of developmental education reforms at
25institutions. The report must include data on the progress of
26the developmental education reforms, including, but not

 

 

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1limited to, (i) enrollment in credit-bearing English language
2or mathematics courses, (ii) rates of successful completion of
3introductory college-level English language or mathematics
4courses, and (iii) college-credit accumulation. The data must
5be disaggregated by gender, race and ethnicity, federal Pell
6Grant status, and other variables of interest to the Board of
7Higher Education and the Illinois Community College Board.
8    (c) On or before January 1, 2024 and each year thereafter,
9the Board of Higher Education and Illinois Community College
10Board, in consultation with institutions of higher education
11and other stakeholders, shall consider additional data
12reporting requirements to facilitate the rigorous and
13continuous evaluation of each institution's implementation
14plan and its impact on improving outcomes for students in
15developmental education, particularly for Black students.
 
16    Section 100-90. Family Educational Rights and Privacy Act
17of 1974. Nothing in this Act supersedes the federal Family
18Educational Rights and Privacy Act of 1974 or rules adopted
19pursuant to the federal Family Educational Rights and Privacy
20Act of 1974.
 
21
Article 105.

 
22    Section 105-5. The Illinois Administrative Procedure Act
23is amended by adding Section 5-45.8 as follows:
 

 

 

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1    (5 ILCS 100/5-45.8 new)
2    Sec. 5-45.8. Emergency rulemaking. To provide for the
3expeditious and timely implementation of this amendatory Act of
4the 101st General Assembly, emergency rules implementing this
5amendatory Act of the 101st General Assembly may be adopted in
6accordance with Section 5-45 to implement this amendatory Act
7of the 101st General Assembly. The adoption of emergency rules
8authorized by Section 5-45 and this Section is deemed to be
9necessary for the public interest, safety, and welfare.
10    This Section is repealed on January 1, 2026.
 
11    Section 105-10. The Invest in Kids Act is amended by
12changing Sections 5, 10, 40, and 45 and by adding Section 7.5
13as follows:
 
14    (35 ILCS 40/5)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 5. Definitions. As used in this Act:
17    "Authorized contribution" means the contribution amount
18that is listed on the contribution authorization certificate
19issued to the taxpayer.
20    "Board" means the State Board of Education.
21    "Contribution" means a donation made by the taxpayer during
22the taxable year for providing scholarships as provided in this
23Act.

 

 

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1    "Custodian" means, with respect to eligible students, an
2Illinois resident who is a parent or legal guardian of the
3eligible student or students.
4    "Department" means the Department of Revenue.
5    "Eligible student" means a child who:
6        (1) is a member of a household whose federal adjusted
7    gross income the year before he or she initially receives a
8    scholarship under this program, as determined by the
9    Department, does not exceed 300% of the federal poverty
10    level and, once the child receives a scholarship, does not
11    exceed 400% of the federal poverty level;
12        (2) is eligible to attend a public elementary school or
13    high school in Illinois in the semester immediately
14    preceding the semester for which he or she first receives a
15    scholarship or is starting school in Illinois for the first
16    time when he or she first receives a scholarship; and
17        (3) resides in Illinois while receiving a scholarship.
18    "Family member" means a parent, child, or sibling, whether
19by whole blood, half blood, or adoption; spouse; or stepchild.
20    "Focus district" means a school district which has a school
21that is either (i) a school that has one or more subgroups in
22which the average student performance is at or below the State
23average for the lowest 10% of student performance in that
24subgroup or (ii) a school with an average graduation rate of
25less than 60% and not identified for priority.
26    "Jointly-administered CTE program" means a program or set

 

 

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1of programs within a non-public school located in Illinois, as
2determined by the Department of Labor pursuant to Section 7.5
3of this Act.
4    "Necessary costs and fees" includes the customary charge
5for instruction and use of facilities in general and the
6additional fixed fees charged for specified purposes that are
7required generally of non-scholarship recipients for each
8academic period for which the scholarship applicant actually
9enrolls, including costs associated with student assessments,
10but does not include fees payable only once and other
11contingent deposits that are refundable in whole or in part.
12The Board may prescribe, by rules consistent with this Act,
13detailed provisions concerning the computation of necessary
14costs and fees.
15    "Scholarship granting organization" means an entity that:
16        (1) is exempt from taxation under Section 501(c)(3) of
17    the Internal Revenue Code;
18        (2) uses at least 95% of the qualified contributions
19    received during a taxable year for scholarships;
20        (3) provides scholarships to students according to the
21    guidelines of this Act;
22        (4) deposits and holds qualified contributions and any
23    income derived from qualified contributions in an account
24    that is separate from the organization's operating fund or
25    other funds until such qualified contributions or income
26    are withdrawn for use; and

 

 

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1        (5) is approved to issue certificates of receipt.
2    "Qualified contribution" means the authorized contribution
3made by a taxpayer to a scholarship granting organization for
4which the taxpayer has received a certificate of receipt from
5such organization.
6    "Qualified school" means a non-public school located in
7Illinois and recognized by the Board pursuant to Section
82-3.25o of the School Code.
9    "Scholarship" means an educational scholarship awarded to
10an eligible student to attend a qualified school of their
11custodians' choice in an amount not exceeding the necessary
12costs and fees to attend that school.
13    "Taxpayer" means any individual, corporation, partnership,
14trust, or other entity subject to the Illinois income tax. For
15the purposes of this Act, 2 individuals filing a joint return
16shall be considered one taxpayer.
17    "Technical academy" means a non-public school located in
18Illinois that (i) registers with the Board pursuant to Section
192-3.25o of the School Code and (ii) operates or will operate a
20jointly-administered CTE program as the primary focus of the
21school. To maintain its status as a technical academy, the
22non-public school must obtain recognition from the Board
23pursuant to Section 2-3.25o of the School Code within 2
24calendar years of its registration with the Board.
25(Source: P.A. 100-465, eff. 8-31-17.)
 

 

 

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1    (35 ILCS 40/7.5 new)
2    Sec. 7.5. Determination of jointly-administered CTE
3programs.
4    (a) Upon its own motion, or petition from a qualified
5school or technical academy, the State Board of Education shall
6determine whether a program or set of programs offered or
7proposed by a qualified school or technical academy provides
8coursework and training in career and technical education
9pathways aligned to industry-recognized certifications and
10credentials. The State Board of Education shall make that
11determination based upon whether the industry-recognized
12certifications or credentials that are the focus of a qualified
13school or technical academy's coursework and training program
14or set of programs (i) are associated with an occupation
15determined to fall under the LEADING or EMERGING priority
16sectors as determined through Illinois' Workforce Innovation
17and Opportunity Act Unified State Plan, and (ii) provide wages
18that are at least 70% of the average annual wage in the State
19as determined by the United States Bureau of Labor Statistics.
20    The State Board of Education shall publish a list of
21approved jointly-administered programs on its website and
22otherwise make such list available to the public.
23    (b) A qualified school or technical academy may petition
24the State Board of Education to obtain a determination that a
25proposed program or set of programs that it seeks to offer
26qualifies as a jointly-administered CTE program under

 

 

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1subsection (a) of this Section. A petitioner shall file one
2original petition in the format provided by the State Board of
3Education and in the manner specified by the State Board of
4Education. The petitioner may withdraw his or her petition by
5submitting a written statement to the State Board of Education
6indicating withdrawal. The State Board of Education shall
7approve or deny a petition within 180 days of its submission,
8and, upon approval, shall proceed to add the program or set of
9programs to the list of approved jointly-administered CTE
10programs. The approval or denial of any petition is a final
11decision of the Department, subject to judicial review under
12the Administrative Review Law. Jurisdiction and venue are
13vested in the circuit court.
14    (c) The State Board of Education shall evaluate the
15approved jointly-administered CTE programs under this Section
16once every 5 years. At this time, the State Board of Education
17shall determine whether these programs continue to meet the
18requirements set forth in subsection (a) of this Section.
 
19    (35 ILCS 40/10)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 10. Credit awards.
22    (a) The Department shall award credits against the tax
23imposed under subsections (a) and (b) of Section 201 of the
24Illinois Income Tax Act to taxpayers who make qualified
25contributions. For contributions made under this Act, the

 

 

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1credit shall be equal to 75% of the total amount of qualified
2contributions made by the taxpayer during a taxable year, not
3to exceed a credit of $1,000,000 per taxpayer.
4    (b) The aggregate amount of all credits the Department may
5award under this Act in any calendar year may not exceed
6$75,000,000.
7    (c) Contributions made by corporations (including
8Subchapter S corporations), partnerships, and trusts under
9this Act may not be directed to a particular subset of schools
10or , a particular school, but may not be directed to a
11particular group of students, or a particular student.
12Contributions made by individuals under this Act may be
13directed to a particular subset of schools or a particular
14school but may not be directed to a particular group of
15students or a particular student.
16    (d) No credit shall be taken under this Act for any
17qualified contribution for which the taxpayer claims a federal
18income tax deduction.
19    (e) Credits shall be awarded in a manner, as determined by
20the Department, that is geographically proportionate to
21enrollment in recognized non-public schools in Illinois. If the
22cap on the aggregate credits that may be awarded by the
23Department is not reached by April 1 June 1 of a given year,
24the Department shall award remaining credits on a first-come,
25first-served basis, without regard to the limitation of this
26subsection.

 

 

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1    (f) Credits awarded for donations made to a technical
2academy shall be awarded without regard to subsection (e), but
3shall not exceed 15% of the annual statewide program cap. For
4the purposes of this subsection, "technical academy" means a
5technical academy that is registered with the Board within 30
6days after the effective date of this amendatory Act of the
7101st General Assembly.
8(Source: P.A. 100-465, eff. 8-31-17.)
 
9    (35 ILCS 40/40)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 40. Scholarship granting organization
12responsibilities.
13    (a) Before granting a scholarship for an academic year, all
14scholarship granting organizations shall assess and document
15each student's eligibility for the academic year.
16    (b) A scholarship granting organization shall grant
17scholarships only to eligible students.
18    (c) A scholarship granting organization shall allow an
19eligible student to attend any qualified school of the
20student's choosing, subject to the availability of funds.
21    (d) In granting scholarships, beginning in the 2022-2023
22school year and each school year thereafter, a scholarship
23granting organization shall give first priority to eligible
24students who received a scholarship from a scholarship granting
25organization during the previous school year. Second priority

 

 

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1shall be given to the following priority groups:
2        (1) (blank); eligible students who received a
3    scholarship from a scholarship granting organization
4    during the previous school year;
5        (2) eligible students who are members of a household
6    whose previous year's total annual income does not exceed
7    185% of the federal poverty level;
8        (3) eligible students who reside within a focus
9    district; and
10        (4) eligible students who are siblings of students
11    currently receiving a scholarship.
12    (d-5) A scholarship granting organization shall begin
13granting scholarships no later than February 1 preceding the
14school year for which the scholarship is sought. Each The
15priority group groups identified in subsection (d) of this
16Section shall be eligible to receive scholarships on a
17first-come, first-served basis until the April 1 immediately
18preceding the school year for which the scholarship is sought
19starting with the first priority group identified in subsection
20(d) of this Section. Applications for scholarships for eligible
21students meeting the qualifications of one or more priority
22groups that are received before April 1 must be either approved
23or denied within 10 business days after receipt. Beginning
24April 1, all eligible students shall be eligible to receive
25scholarships without regard to the priority groups identified
26in subsection (d) of this Section.

 

 

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1    (e) Except as provided in subsection (e-5) of this Section,
2scholarships shall not exceed the lesser of (i) the statewide
3average operational expense per student among public schools or
4(ii) the necessary costs and fees for attendance at the
5qualified school. Scholarships shall be prorated as follows:
6        (1) for eligible students whose household income is
7    less than 185% of the federal poverty level, the
8    scholarship shall be 100% of the amount determined pursuant
9    to this subsection (e) and subsection (e-5) of this
10    Section;
11        (2) for eligible students whose household income is
12    185% or more of the federal poverty level but less than
13    250% of the federal poverty level, the average of
14    scholarships shall be 75% of the amount determined pursuant
15    to this subsection (e) and subsection (e-5) of this
16    Section; and
17        (3) for eligible students whose household income is
18    250% or more of the federal poverty level, the average of
19    scholarships shall be 50% of the amount determined pursuant
20    to this subsection (e) and subsection (e-5) of this
21    Section.
22    (e-5) The statewide average operational expense per
23student among public schools shall be multiplied by the
24following factors:
25        (1) for students determined eligible to receive
26    services under the federal Individuals with Disabilities

 

 

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1    Education Act, 2;
2        (2) for students who are English learners, as defined
3    in subsection (d) of Section 14C-2 of the School Code, 1.2;
4    and
5        (3) for students who are gifted and talented children,
6    as defined in Section 14A-20 of the School Code, 1.1; and .
7        (4) for students enrolled in a jointly-administered
8    CTE program, 1.5.
9    (f) A scholarship granting organization shall distribute
10scholarship payments to the participating school where the
11student is enrolled.
12    (g) Beginning in For the 2018-2019 school year through the
132021-2022 school year, each scholarship granting organization
14shall expend no less than 75% of the qualified contributions
15received during the calendar year in which the qualified
16contributions were received. No more than 25% of the qualified
17contributions may be carried forward to the following calendar
18year.
19    (h) In determining compliance with subsection (g), a
20scholarship granting organization may exempt a portion of
21donations directed to a technical academy operating in the
22first two calendar years in which the school is eligible to
23receive donations. For purposes of determining compliance with
24subsection (g) the sum of exempted donations per technical
25academy shall not exceed $3,000,000 over the 2-calendar year
26period. Not more than one scholarship granting organization

 

 

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1shall exempt a portion of directed donations per technical
2academy. For the 2022-2023 school year, each scholarship
3granting organization shall expend all qualified contributions
4received during the calendar year in which the qualified
5contributions were received. No qualified contributions may be
6carried forward to the following calendar year.
7    (i) A scholarship granting organization shall allow an
8eligible student to transfer a scholarship during a school year
9to any other participating school of the custodian's choice.
10Such scholarships shall be prorated.
11    (j) With the prior approval of the Department, a
12scholarship granting organization may transfer funds to
13another scholarship granting organization if additional funds
14are required to meet scholarship demands at the receiving
15scholarship granting organization. All transferred funds must
16be deposited by the receiving scholarship granting
17organization into its scholarship accounts. All transferred
18amounts received by any scholarship granting organization must
19be separately disclosed to the Department.
20    (k) If the approval of a scholarship granting organization
21is revoked as provided in Section 20 of this Act or the
22scholarship granting organization is dissolved, all remaining
23qualified contributions of the scholarship granting
24organization shall be transferred to another scholarship
25granting organization. All transferred funds must be deposited
26by the receiving scholarship granting organization into its

 

 

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1scholarship accounts.
2    (l) Scholarship granting organizations shall make
3reasonable efforts to advertise the availability of
4scholarships to eligible students.
5(Source: P.A. 100-465, eff. 8-31-17.)
 
6    (35 ILCS 40/45)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 45. State Board responsibilities.
9    (a) Beginning in the 2019-2020 school year, students who
10have been granted a scholarship under this Act shall be
11annually assessed at the qualified school where the student
12attends school in the same manner in which students that attend
13public schools are annually assessed pursuant to Section
142-3.64a-5 of the School Code. Such qualified school shall pay
15costs associated with this requirement.
16    (b) The Board shall select an independent research
17organization, which may be a public or private entity or
18university, to which participating qualified schools must
19report the scores of students who are receiving scholarships
20and are assessed pursuant to subsection (a) of this Section.
21Costs associated with the independent research organization
22shall be paid by the scholarship granting organizations on a
23per-pupil basis or by gifts, grants, or donations received by
24the Board under subsection (d) of this Section, as determined
25by the Board. The independent research organization must

 

 

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1annually report to the Board on the year-to-year learning gains
2of students receiving scholarships on a statewide basis. The
3report shall also include, to the extent possible, a comparison
4of these learning gains to the statewide learning gains of
5public school students with socioeconomic backgrounds similar
6to those of students receiving scholarships. The annual report
7shall be delivered to the Board and published on its website.
8    (c) Beginning within 120 days after the Board first
9receives the annual report by the independent research
10organization as provided in subsection (b) of this Section and
11on an annual basis thereafter, the Board shall submit a written
12report to the Governor, the President of the Senate, the
13Speaker of the House of Representatives, the Minority Leader of
14the Senate, and the Minority Leader of the House of
15Representatives regarding this Act. Such report shall include
16an evaluation of the academic performance of students receiving
17scholarships and recommendations for improving student
18performance.
19    (d) Subject to the State Officials and Employees Ethics
20Act, the Board may receive and expend gifts, grants, and
21donations of any kind from any public or private entity to
22carry out the purposes of this Section, subject to the terms
23and conditions under which the gifts are given, provided that
24all such terms and conditions are permissible under law.
25    (e) The sharing and reporting of student assessment
26learning gain data under this Section must be in accordance

 

 

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1with requirements of the Family Educational Rights and Privacy
2Act and the Illinois School Student Records Act. All parties
3must preserve the confidentiality of such information as
4required by law. The annual report must not disaggregate data
5to a level that will disclose the academic level of individual
6students.
7(Source: P.A. 100-465, eff. 8-31-17.)
 
8    (35 ILCS 40/995 rep.)
9    Section 105-15. The Invest in Kids Act is amended by
10repealing Section 995.
 
11
Article 115.

 
12    Section 115-5. The School Code is amended by changing
13Section 21B-50 as follows:
 
14    (105 ILCS 5/21B-50)
15    Sec. 21B-50. Alternative Educator Licensure Program.
16    (a) There is established an alternative educator licensure
17program, to be known as the Alternative Educator Licensure
18Program for Teachers.
19    (b) The Alternative Educator Licensure Program for
20Teachers may be offered by a recognized institution approved to
21offer educator preparation programs by the State Board of
22Education, in consultation with the State Educator Preparation

 

 

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1and Licensure Board.
2    The program shall be comprised of 4 phases:
3        (1) A course of study that at a minimum includes
4    instructional planning; instructional strategies,
5    including special education, reading, and English language
6    learning; classroom management; and the assessment of
7    students and use of data to drive instruction.
8        (2) A year of residency, which is a candidate's
9    assignment to a full-time teaching position or as a
10    co-teacher for one full school year. An individual must
11    hold an Educator License with Stipulations with an
12    alternative provisional educator endorsement in order to
13    enter the residency and must complete additional program
14    requirements that address required State and national
15    standards, pass the State Board's teacher performance
16    assessment no later than the end of the first semester of
17    the second year of residency, as required under phase (3)
18    of this subsection (b), and be recommended by the principal
19    or qualified equivalent of a principal, as required under
20    subsection (d) of this Section, and the program coordinator
21    to continue with the second year of the residency.
22        (3) A second year of residency, which shall include the
23    candidate's assignment to a full-time teaching position
24    for one school year. The candidate must be assigned an
25    experienced teacher to act as a mentor and coach the
26    candidate through the second year of residency.

 

 

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1        (4) A comprehensive assessment of the candidate's
2    teaching effectiveness, as evaluated by the principal or
3    qualified equivalent of a principal, as required under
4    subsection (d) of this Section, and the program
5    coordinator, at the end of the second year of residency. If
6    there is disagreement between the 2 evaluators about the
7    candidate's teaching effectiveness, the candidate may
8    complete one additional year of residency teaching under a
9    professional development plan developed by the principal
10    or qualified equivalent and the preparation program. At the
11    completion of the third year, a candidate must have
12    positive evaluations and a recommendation for full
13    licensure from both the principal or qualified equivalent
14    and the program coordinator or no Professional Educator
15    License shall be issued.
16    Successful completion of the program shall be deemed to
17satisfy any other practice or student teaching and content
18matter requirements established by law.
19    (c) An alternative provisional educator endorsement on an
20Educator License with Stipulations is valid for 2 years of
21teaching in the public schools, including without limitation a
22preschool educational program under Section 2-3.71 of this Code
23or charter school, or in a State-recognized nonpublic school in
24which the chief administrator is required to have the licensure
25necessary to be a principal in a public school in this State
26and in which a majority of the teachers are required to have

 

 

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1the licensure necessary to be instructors in a public school in
2this State, but may be renewed for a third year if needed to
3complete the Alternative Educator Licensure Program for
4Teachers. The endorsement shall be issued only once to an
5individual who meets all of the following requirements:
6        (1) Has graduated from a regionally accredited college
7    or university with a bachelor's degree or higher.
8        (2) (Blank). Has a cumulative grade point average of
9    3.0 or greater on a 4.0 scale or its equivalent on another
10    scale.
11        (3) Has completed a major in the content area if
12    seeking a middle or secondary level endorsement or, if
13    seeking an early childhood, elementary, or special
14    education endorsement, has completed a major in the content
15    area of reading, English/language arts, mathematics, or
16    one of the sciences. If the individual does not have a
17    major in a content area for any level of teaching, he or
18    she must submit transcripts to the State Board of Education
19    to be reviewed for equivalency.
20        (4) Has successfully completed phase (1) of subsection
21    (b) of this Section.
22        (5) Has passed a content area test required for the
23    specific endorsement for admission into the program, as
24    required under Section 21B-30 of this Code.
25    A candidate possessing the alternative provisional
26educator endorsement may receive a salary, benefits, and any

 

 

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1other terms of employment offered to teachers in the school who
2are members of an exclusive bargaining representative, if any,
3but a school is not required to provide these benefits during
4the years of residency if the candidate is serving only as a
5co-teacher. If the candidate is serving as the teacher of
6record, the candidate must receive a salary, benefits, and any
7other terms of employment. Residency experiences must not be
8counted towards tenure.
9    (d) The recognized institution offering the Alternative
10Educator Licensure Program for Teachers must partner with a
11school district, including without limitation a preschool
12educational program under Section 2-3.71 of this Code or
13charter school, or a State-recognized, nonpublic school in this
14State in which the chief administrator is required to have the
15licensure necessary to be a principal in a public school in
16this State and in which a majority of the teachers are required
17to have the licensure necessary to be instructors in a public
18school in this State. A recognized institution that partners
19with a public school district administering a preschool
20educational program under Section 2-3.71 of this Code must
21require a principal to recommend or evaluate candidates in the
22program. A recognized institution that partners with an
23eligible entity administering a preschool educational program
24under Section 2-3.71 of this Code and that is not a public
25school district must require a principal or qualified
26equivalent of a principal to recommend or evaluate candidates

 

 

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1in the program. The program presented for approval by the State
2Board of Education must demonstrate the supports that are to be
3provided to assist the provisional teacher during the 2-year
4residency period. These supports must provide additional
5contact hours with mentors during the first year of residency.
6    (e) Upon completion of the 4 phases outlined in subsection
7(b) of this Section and all assessments required under Section
821B-30 of this Code, an individual shall receive a Professional
9Educator License.
10    (f) The State Board of Education, in consultation with the
11State Educator Preparation and Licensure Board, may adopt such
12rules as may be necessary to establish and implement the
13Alternative Educator Licensure Program for Teachers.
14(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
15101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
166-18-20.)
 
17
Article 120.

 
18    Section 120-5. The Higher Education Student Assistance Act
19is amended by changing Section 50 as follows:
 
20    (110 ILCS 947/50)
21    Sec. 50. Minority Teachers of Illinois scholarship
22program.
23    (a) As used in this Section:

 

 

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1        "Eligible applicant" means a minority student who has
2    graduated from high school or has received a high school
3    equivalency certificate and has maintained a cumulative
4    grade point average of no less than 2.5 on a 4.0 scale, and
5    who by reason thereof is entitled to apply for scholarships
6    to be awarded under this Section.
7        "Minority student" means a student who is any of the
8    following:
9            (1) American Indian or Alaska Native (a person
10        having origins in any of the original peoples of North
11        and South America, including Central America, and who
12        maintains tribal affiliation or community attachment).
13            (2) Asian (a person having origins in any of the
14        original peoples of the Far East, Southeast Asia, or
15        the Indian subcontinent, including, but not limited
16        to, Cambodia, China, India, Japan, Korea, Malaysia,
17        Pakistan, the Philippine Islands, Thailand, and
18        Vietnam).
19            (3) Black or African American (a person having
20        origins in any of the black racial groups of Africa).
21        Terms such as "Haitian" or "Negro" can be used in
22        addition to "Black or African American".
23            (4) Hispanic or Latino (a person of Cuban, Mexican,
24        Puerto Rican, South or Central American, or other
25        Spanish culture or origin, regardless of race).
26            (5) Native Hawaiian or Other Pacific Islander (a

 

 

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1        person having origins in any of the original peoples of
2        Hawaii, Guam, Samoa, or other Pacific Islands).
3        "Qualified bilingual minority applicant" means a
4    qualified student who demonstrates proficiency in a
5    language other than English by (i) receiving a State Seal
6    of Biliteracy from the State Board of Education or (ii)
7    receiving a passing score on an educator licensure target
8    language proficiency test.
9        "Qualified student" means a person (i) who is a
10    resident of this State and a citizen or permanent resident
11    of the United States; (ii) who is a minority student, as
12    defined in this Section; (iii) who, as an eligible
13    applicant, has made a timely application for a minority
14    teaching scholarship under this Section; (iv) who is
15    enrolled on at least a half-time basis at a qualified
16    Illinois institution of higher learning; (v) who is
17    enrolled in a course of study leading to teacher licensure,
18    including alternative teacher licensure, or, if the
19    student is already licensed to teach, in a course of study
20    leading to an additional teaching endorsement or a master's
21    degree in an academic field in which he or she is teaching
22    or plans to teach or who has received one or more College
23    and Career Pathway Endorsements pursuant to Section 80 of
24    the Postsecondary and Workforce Readiness Act and commits
25    to enrolling in a course of study leading to teacher
26    licensure, including alternative teacher licensure; (vi)

 

 

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1    who maintains a grade point average of no less than 2.5 on
2    a 4.0 scale; and (vii) who continues to advance
3    satisfactorily toward the attainment of a degree.
4    (b) In order to encourage academically talented Illinois
5minority students to pursue teaching careers at the preschool
6or elementary or secondary school level and to address and
7alleviate the teacher shortage crisis in this State described
8under the provisions of the Transitions in Education Act, each
9qualified student shall be awarded a minority teacher
10scholarship to any qualified Illinois institution of higher
11learning. However, preference may be given to qualified
12applicants enrolled at or above the junior level.
13    (c) Each minority teacher scholarship awarded under this
14Section shall be in an amount sufficient to pay the tuition and
15fees and room and board costs of the qualified Illinois
16institution of higher learning at which the recipient is
17enrolled, up to an annual maximum of $5,000; except that in the
18case of a recipient who does not reside on-campus at the
19institution at which he or she is enrolled, the amount of the
20scholarship shall be sufficient to pay tuition and fee expenses
21and a commuter allowance, up to an annual maximum of $5,000.
22However, if at least $2,850,000 is appropriated in a given
23fiscal year for the Minority Teachers of Illinois scholarship
24program, then, in each fiscal year thereafter, each scholarship
25awarded under this Section shall be in an amount sufficient to
26pay the tuition and fees and room and board costs of the

 

 

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1qualified Illinois institution of higher learning at which the
2recipient is enrolled, up to an annual maximum of $7,500;
3except that in the case of a recipient who does not reside
4on-campus at the institution at which he or she is enrolled,
5the amount of the scholarship shall be sufficient to pay
6tuition and fee expenses and a commuter allowance, up to an
7annual maximum of $7,500.
8    (d) The total amount of minority teacher scholarship
9assistance awarded by the Commission under this Section to an
10individual in any given fiscal year, when added to other
11financial assistance awarded to that individual for that year,
12shall not exceed the cost of attendance at the institution at
13which the student is enrolled. If the amount of minority
14teacher scholarship to be awarded to a qualified student as
15provided in subsection (c) of this Section exceeds the cost of
16attendance at the institution at which the student is enrolled,
17the minority teacher scholarship shall be reduced by an amount
18equal to the amount by which the combined financial assistance
19available to the student exceeds the cost of attendance.
20    (e) The maximum number of academic terms for which a
21qualified student can receive minority teacher scholarship
22assistance shall be 8 semesters or 12 quarters.
23    (f) In any academic year for which an eligible applicant
24under this Section accepts financial assistance through the
25Paul Douglas Teacher Scholarship Program, as authorized by
26Section 551 et seq. of the Higher Education Act of 1965, the

 

 

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1applicant shall not be eligible for scholarship assistance
2awarded under this Section.
3    (g) All applications for minority teacher scholarships to
4be awarded under this Section shall be made to the Commission
5on forms which the Commission shall provide for eligible
6applicants. The form of applications and the information
7required to be set forth therein shall be determined by the
8Commission, and the Commission shall require eligible
9applicants to submit with their applications such supporting
10documents or recommendations as the Commission deems
11necessary.
12    (h) Subject to a separate appropriation for such purposes,
13payment of any minority teacher scholarship awarded under this
14Section shall be determined by the Commission. All scholarship
15funds distributed in accordance with this subsection shall be
16paid to the institution and used only for payment of the
17tuition and fee and room and board expenses incurred by the
18student in connection with his or her attendance at a qualified
19Illinois institution of higher learning. Any minority teacher
20scholarship awarded under this Section shall be applicable to 2
21semesters or 3 quarters of enrollment. If a qualified student
22withdraws from enrollment prior to completion of the first
23semester or quarter for which the minority teacher scholarship
24is applicable, the school shall refund to the Commission the
25full amount of the minority teacher scholarship.
26    (i) The Commission shall administer the minority teacher

 

 

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1scholarship aid program established by this Section and shall
2make all necessary and proper rules not inconsistent with this
3Section for its effective implementation.
4    (j) When an appropriation to the Commission for a given
5fiscal year is insufficient to provide scholarships to all
6qualified students, the Commission shall allocate the
7appropriation in accordance with this subsection. If funds are
8insufficient to provide all qualified students with a
9scholarship as authorized by this Section, the Commission shall
10allocate the available scholarship funds for that fiscal year
11to qualified students who submit a complete application form on
12or before a date specified by the Commission based on the
13following order of priority:
14        (1) To students who received a scholarship under this
15    Section in the prior academic year and who remain eligible
16    for a minority teacher scholarship under this Section.
17        (2) Except as otherwise provided in subsection (k), to
18    students who demonstrate financial need, as determined by
19    the Commission. on the basis of the date the Commission
20    receives a complete application form.
21    (k) Notwithstanding paragraph (2) of the provisions of
22subsection (j) or any other provision of this Section, at least
2335% 30% of the funds appropriated for scholarships awarded
24under this Section in each fiscal year shall be reserved for
25qualified male minority applicants, with priority being given
26to qualified Black male applicants beginning with fiscal year

 

 

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12023. If the Commission does not receive enough applications
2from qualified male minorities on or before January 1 of each
3fiscal year to award 35% 30% of the funds appropriated for
4these scholarships to qualified male minority applicants, then
5the Commission may award a portion of the reserved funds to
6qualified female minority applicants in accordance with
7subsection (j).
8    Beginning with fiscal year 2023, if at least $2,850,000 but
9less than $4,200,000 is appropriated in a given fiscal year for
10scholarships awarded under this Section, then at least 10% of
11the funds appropriated shall be reserved for qualified
12bilingual minority applicants, with priority being given to
13qualified bilingual minority applicants who are enrolled in an
14educator preparation program with a concentration in
15bilingual, bicultural education. Beginning with fiscal year
162023, if at least $4,200,000 is appropriated in a given fiscal
17year for the Minority Teachers of Illinois scholarship program,
18then at least 30% of the funds appropriated shall be reserved
19for qualified bilingual minority applicants, with priority
20being given to qualified bilingual minority applicants who are
21enrolled in an educator preparation program with a
22concentration in bilingual, bicultural education. Beginning
23with fiscal year 2023, if at least $2,850,000 is appropriated
24in a given fiscal year for scholarships awarded under this
25Section but the Commission does not receive enough applications
26from qualified bilingual minority applicants on or before

 

 

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1January 1 of that fiscal year to award at least 10% of the
2funds appropriated to qualified bilingual minority applicants,
3then the Commission may, in its discretion, award a portion of
4the reserved funds to other qualified students in accordance
5with subsection (j).
6    (l) Prior to receiving scholarship assistance for any
7academic year, each recipient of a minority teacher scholarship
8awarded under this Section shall be required by the Commission
9to sign an agreement under which the recipient pledges that,
10within the one-year period following the termination of the
11program for which the recipient was awarded a minority teacher
12scholarship, the recipient (i) shall begin teaching for a
13period of not less than one year for each year of scholarship
14assistance he or she was awarded under this Section; and (ii)
15shall fulfill this teaching obligation at a nonprofit Illinois
16public, private, or parochial preschool, elementary school, or
17secondary school at which no less than 30% of the enrolled
18students are minority students in the year during which the
19recipient begins teaching at the school or may instead, if the
20recipient received a scholarship as a qualified bilingual
21minority applicant, fulfill this teaching obligation in a
22program in transitional bilingual education pursuant to
23Article 14C of the School Code or in a school in which 20 or
24more English learner students in the same language
25classification are enrolled; and (iii) shall, upon request by
26the Commission, provide the Commission with evidence that he or

 

 

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1she is fulfilling or has fulfilled the terms of the teaching
2agreement provided for in this subsection.
3    (m) If a recipient of a minority teacher scholarship
4awarded under this Section fails to fulfill the teaching
5obligation set forth in subsection (l) of this Section, the
6Commission shall require the recipient to repay the amount of
7the scholarships received, prorated according to the fraction
8of the teaching obligation not completed, at a rate of interest
9equal to 5%, and, if applicable, reasonable collection fees.
10The Commission is authorized to establish rules relating to its
11collection activities for repayment of scholarships under this
12Section. All repayments collected under this Section shall be
13forwarded to the State Comptroller for deposit into the State's
14General Revenue Fund.
15    (n) A recipient of minority teacher scholarship shall not
16be considered in violation of the agreement entered into
17pursuant to subsection (l) if the recipient (i) enrolls on a
18full time basis as a graduate student in a course of study
19related to the field of teaching at a qualified Illinois
20institution of higher learning; (ii) is serving, not in excess
21of 3 years, as a member of the armed services of the United
22States; (iii) is a person with a temporary total disability for
23a period of time not to exceed 3 years as established by sworn
24affidavit of a qualified physician; (iv) is seeking and unable
25to find full time employment as a teacher at an Illinois
26public, private, or parochial preschool or elementary or

 

 

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1secondary school that satisfies the criteria set forth in
2subsection (l) of this Section and is able to provide evidence
3of that fact; (v) becomes a person with a permanent total
4disability as established by sworn affidavit of a qualified
5physician; (vi) is taking additional courses, on at least a
6half-time basis, needed to obtain licensure as a teacher in
7Illinois; or (vii) is fulfilling teaching requirements
8associated with other programs administered by the Commission
9and cannot concurrently fulfill them under this Section in a
10period of time equal to the length of the teaching obligation.
11    (o) Scholarship recipients under this Section who withdraw
12from a program of teacher education but remain enrolled in
13school to continue their postsecondary studies in another
14academic discipline shall not be required to commence repayment
15of their Minority Teachers of Illinois scholarship so long as
16they remain enrolled in school on a full-time basis or if they
17can document for the Commission special circumstances that
18warrant extension of repayment.
19    (p) If the Minority Teachers of Illinois scholarship
20program does not expend at least 90% of the amount appropriated
21for the program in a given fiscal year for 3 consecutive fiscal
22years and the Commission does not receive enough applications
23from the groups identified in subsection (k) on or before
24January 1 in each of those fiscal years to meet the percentage
25reserved for those groups under subsection (k), then up to 3%
26of amount appropriated for the program for each of next 3

 

 

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1fiscal years shall be allocated to increasing awareness of the
2program and for the recruitment of Black male applicants. The
3Commission shall make a recommendation to the General Assembly
4by January 1 of the year immediately following the end of that
5third fiscal year regarding whether the amount allocated to
6increasing awareness and recruitment should continue.
7    (q) Each qualified Illinois institution of higher learning
8that receives funds from the Minority Teachers of Illinois
9scholarship program shall host an annual information session at
10the institution about the program for teacher candidates of
11color in accordance with rules adopted by the Commission.
12Additionally, the institution shall ensure that each
13scholarship recipient enrolled at the institution meets with an
14academic advisor at least once per academic year to facilitate
15on-time completion of the recipient's educator preparation
16program.
17(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
 
18
Article 125.

 
19    Section 125-5. The Higher Education Student Assistance Act
20is amended by changing Section 65.100 as follows:
 
21    (110 ILCS 947/65.100)
22    (Section scheduled to be repealed on October 1, 2024)
23    Sec. 65.100. AIM HIGH Grant Pilot Program.

 

 

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1    (a) The General Assembly makes all of the following
2findings:
3        (1) Both access and affordability are important
4    aspects of the Illinois Public Agenda for College and
5    Career Success report.
6        (2) This State is in the top quartile with respect to
7    the percentage of family income needed to pay for college.
8        (3) Research suggests that as loan amounts increase,
9    rather than an increase in grant amounts, the probability
10    of college attendance decreases.
11        (4) There is further research indicating that
12    socioeconomic status may affect the willingness of
13    students to use loans to attend college.
14        (5) Strategic use of tuition discounting can decrease
15    the amount of loans that students must use to pay for
16    tuition.
17        (6) A modest, individually tailored tuition discount
18    can make the difference in a student choosing to attend
19    college and enhance college access for low-income and
20    middle-income families.
21        (7) Even if the federally calculated financial need for
22    college attendance is met, the federally determined
23    Expected Family Contribution can still be a daunting
24    amount.
25        (8) This State is the second largest exporter of
26    students in the country.

 

 

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1        (9) When talented Illinois students attend
2    universities in this State, the State and those
3    universities benefit.
4        (10) State universities in other states have adopted
5    pricing and incentives that allow many Illinois residents
6    to pay less to attend an out-of-state university than to
7    remain in this State for college.
8        (11) Supporting Illinois student attendance at
9    Illinois public universities can assist in State efforts to
10    maintain and educate a highly trained workforce.
11        (12) Modest tuition discounts that are individually
12    targeted and tailored can result in enhanced revenue for
13    public universities.
14        (13) By increasing a public university's capacity to
15    strategically use tuition discounting, the public
16    university will be capable of creating enhanced tuition
17    revenue by increasing enrollment yields.
18    (b) In this Section:
19    "Eligible applicant" means a student from any high school
20in this State, whether or not recognized by the State Board of
21Education, who is engaged in a program of study that in due
22course will be completed by the end of the school year and who
23meets all of the qualifications and requirements under this
24Section.
25    "Tuition and other necessary fees" includes the customary
26charge for instruction and use of facilities in general and the

 

 

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1additional fixed fees charged for specified purposes that are
2required generally of non-grant recipients for each academic
3period for which the grant applicant actually enrolls, but does
4not include fees payable only once or breakage fees and other
5contingent deposits that are refundable in whole or in part.
6The Commission may adopt, by rule not inconsistent with this
7Section, detailed provisions concerning the computation of
8tuition and other necessary fees.
9    (c) Beginning with the 2019-2020 academic year, each public
10university may establish a merit-based scholarship pilot
11program known as the AIM HIGH Grant Pilot Program. Each year,
12the Commission shall receive and consider applications from
13public universities under this Section. Subject to
14appropriation and any tuition waiver limitation established by
15the Board of Higher Education, a public university campus may
16award a grant to a student under this Section if it finds that
17the applicant meets all of the following criteria:
18        (1) He or she is a resident of this State and a citizen
19    or eligible noncitizen of the United States.
20        (2) He or she files a Free Application for Federal
21    Student Aid and demonstrates financial need with a
22    household income no greater than 6 times the poverty
23    guidelines updated periodically in the Federal Register by
24    the U.S. Department of Health and Human Services under the
25    authority of 42 U.S.C. 9902(2). The household income of the
26    applicant at the time of initial application shall be

 

 

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1    deemed to be the household income of the applicant for the
2    duration of the pilot program.
3        (3) He or she meets the minimum cumulative grade point
4    average or ACT or SAT college admissions test score, as
5    determined by the public university campus.
6        (4) He or she is enrolled in a public university as an
7    undergraduate student on a full-time basis.
8        (5) He or she has not yet received a baccalaureate
9    degree or the equivalent of 135 semester credit hours.
10        (6) He or she is not incarcerated.
11        (7) He or she is not in default on any student loan or
12    does not owe a refund or repayment on any State or federal
13    grant or scholarship.
14        (8) Any other reasonable criteria, as determined by the
15    public university campus.
16    (d) Each public university campus shall determine grant
17renewal criteria consistent with the requirements under this
18Section.
19    (e) Each participating public university campus shall post
20on its Internet website criteria and eligibility requirements
21for receiving awards that use funds under this Section that
22include a range in the sizes of these individual awards. The
23criteria and amounts must also be reported to the Commission
24and the Board of Higher Education, who shall post the
25information on their respective Internet websites.
26    (f) After enactment of an appropriation for this Program,

 

 

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1the Commission shall determine an allocation of funds to each
2public university in an amount proportionate to the number of
3undergraduate students who are residents of this State and
4citizens or eligible noncitizens of the United States and who
5were enrolled at each public university campus in the previous
6academic year. All applications must be made to the Commission
7on or before a date determined by the Commission and on forms
8that the Commission shall provide to each public university
9campus. The form of the application and the information
10required shall be determined by the Commission and shall
11include, without limitation, the total public university
12campus funds used to match funds received from the Commission
13in the previous academic year under this Section, if any, the
14total enrollment of undergraduate students who are residents of
15this State from the previous academic year, and any supporting
16documents as the Commission deems necessary. Each public
17university campus shall match the amount of funds received by
18the Commission with financial aid for eligible students.
19    A public university that has reported to the Commission for
20the most recent academic year for which data are available,
21that at least 49% of its student body received financial aid
22under the federal Pell Grant program, shall match 20% of the
23amount of funds awarded in a given academic year with non-loan
24financial aid for eligible students.
25    A public university that has reported to the Commission for
26the most recent academic year for which data are available,

 

 

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1that less than 49% of its student body received financial aid
2under the federal Pell Grant program for the previous academic
3year shall match 60% of the amount of funds awarded in a given
4academic year and received from the Commission with non-loan
5financial aid for eligible students.
6    A public university campus is not required to claim its
7entire allocation. The Commission shall make available to all
8public universities, on a date determined by the Commission,
9any unclaimed funds and the funds must be made available to
10those public university campuses in the proportion determined
11under this subsection (f), excluding from the calculation those
12public university campuses not claiming their full
13allocations.
14    Each public university campus may determine the award
15amounts for eligible students on an individual or broad basis,
16but, subject to renewal eligibility, each renewed award may not
17be less than the amount awarded to the eligible student in his
18or her first year attending the public university campus.
19Notwithstanding this limitation, a renewal grant may be reduced
20due to changes in the student's cost of attendance, including,
21but not limited to, if a student reduces the number of credit
22hours in which he or she is enrolled, but remains a full-time
23student, or switches to a course of study with a lower tuition
24rate.
25    An eligible applicant awarded grant assistance under this
26Section is eligible to receive other financial aid. Total grant

 

 

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1aid to the student from all sources may not exceed the total
2cost of attendance at the public university campus.
3    (g) All money allocated to a public university campus under
4this Section may be used only for financial aid purposes for
5students attending the public university campus during the
6academic year, not including summer terms. Notwithstanding any
7other provision of law to the contrary, any funds received by a
8public university campus under this Section that are not
9granted to students in the academic year for which the funds
10are received may be retained by the public university campus
11for expenditure on students participating in the Program or
12students eligible to participate in the Program.
13    (h) Each public university campus that establishes a
14Program under this Section must annually report to the
15Commission, on or before a date determined by the Commission,
16the number of undergraduate students enrolled at that campus
17who are residents of this State.
18    (i) Each public university campus must report to the
19Commission the total non-loan financial aid amount given by the
20public university campus to undergraduate students in the
212017-2018 academic year, not including the summer term. To be
22eligible to receive funds under the Program, a public
23university campus may not decrease the total amount of non-loan
24financial aid it gives to undergraduate students, not including
25any funds received from the Commission under this Section or
26any funds used to match grant awards under this Section, to an

 

 

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1amount lower than the reported amount for the 2017-2018
2academic year, not including the summer term.
3    (j) On or before a date determined by the Commission, each
4public university campus that participates in the Program under
5this Section shall annually submit a report to the Commission
6with all of the following information:
7        (1) The Program's impact on tuition revenue and
8    enrollment goals and increase in access and affordability
9    at the public university campus.
10        (2) Total funds received by the public university
11    campus under the Program.
12        (3) Total non-loan financial aid awarded to
13    undergraduate students attending the public university
14    campus.
15        (4) Total amount of funds matched by the public
16    university campus.
17        (5) Total amount of claimed and unexpended funds
18    retained by the public university campus.
19        (6) The percentage of total financial aid distributed
20    under the Program by the public university campus.
21        (7) The total number of students receiving grants from
22    the public university campus under the Program and those
23    students' grade level, race, gender, income level, family
24    size, Monetary Award Program eligibility, Pell Grant
25    eligibility, and zip code of residence and the amount of
26    each grant award. This information shall include unit

 

 

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1    record data on those students regarding variables
2    associated with the parameters of the public university's
3    Program, including, but not limited to, a student's ACT or
4    SAT college admissions test score, high school or
5    university cumulative grade point average, or program of
6    study.
7    On or before October 1, 2020 and annually on or before
8October 1 thereafter, the Commission shall submit a report with
9the findings under this subsection (j) and any other
10information regarding the AIM HIGH Grant Pilot Program to (i)
11the Governor, (ii) the Speaker of the House of Representatives,
12(iii) the Minority Leader of the House of Representatives, (iv)
13the President of the Senate, and (v) the Minority Leader of the
14Senate. The reports to the General Assembly shall be filed with
15the Clerk of the House of Representatives and the Secretary of
16the Senate in electronic form only, in the manner that the
17Clerk and the Secretary shall direct. The Commission's report
18may not disaggregate data to a level that may disclose
19personally identifying information of individual students.
20    The sharing and reporting of student data under this
21subsection (j) must be in accordance with the requirements
22under the federal Family Educational Rights and Privacy Act of
231974 and the Illinois School Student Records Act. All parties
24must preserve the confidentiality of the information as
25required by law. The names of the grant recipients under this
26Section are not subject to disclosure under the Freedom of

 

 

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1Information Act.
2    Public university campuses that fail to submit a report
3under this subsection (j) or that fail to adhere to any other
4requirements under this Section may not be eligible for
5distribution of funds under the Program for the next academic
6year, but may be eligible for distribution of funds for each
7academic year thereafter.
8    (k) The Commission shall adopt rules to implement this
9Section.
10    (l) This Section is repealed on October 1, 2024.
11(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18;
12100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff.
136-1-20; 101-643, eff. 6-18-20.)
 
14
Article 130.

 
15    Section 130-1. Short title. This Article may be cited as
16the Transitions in Education Act. References in this Article to
17"this Act" mean this Article.
 
18    Section 130-5. Findings; policies.
19    (a) The General Assembly finds the following:
20        (1) Teachers are the single most important in-school
21    factor in supporting student outcomes and success; yet,
22    Illinois is suffering from a profound teacher shortage
23    across the State.

 

 

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1        (2) To reverse this shortage, Illinois needs to develop
2    and invest in a robust and diverse educator pipeline,
3    addressing any barriers or gaps that limit high quality
4    candidates, particularly candidates of color, from
5    becoming teachers.
6        (3) Illinois loses many high quality, diverse educator
7    candidates in postsecondary programs due to confusion or
8    lack of course transfer credits and course articulation
9    from Illinois's 2-year to 4-year institutions.
10        (4) Lack of alignment and transferability of course
11    credits may often force candidates to spend additional time
12    and money to earn a degree or lead to an inability to
13    complete a degree.
14        (5) In 1993, the Board of Higher Education, the
15    Illinois Community College Board, and the Transfer
16    Coordinators of Illinois Colleges and Universities brought
17    together faculty from public and independent, associate,
18    and baccalaureate degree-granting institutions across the
19    State to develop the Illinois Articulation Initiative
20    (IAI).
21        (6) The goal of IAI is to facilitate the transfer of
22    courses from one participating college or university to
23    another in order to complete a baccalaureate degree.
24        (7) The Student Transfer Achievement Reform (STAR)
25    Act, as mandated by subsection (b) of Section 25 of the
26    Act, is designed to facilitate transfer among Illinois

 

 

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1    public institutions, particularly for students with a
2    completed Associate of Arts or an Associate of Science
3    degree.
4        (8) While Illinois is a leading state for college
5    completion rates for adult learners and transfer students
6    from community colleges, it needs to increase the number of
7    high-quality postsecondary teaching credentials to meet
8    the demands of our schools and education workforce.
9        (9) With the rising costs of higher education for
10    Illinois students and families, the State needs to ensure
11    to the maximize extent possible that community college
12    courses will transfer with full credit for the student and
13    be accepted at an Illinois public or private institution as
14    they pursue a baccalaureate degree in education.
15        (10) Illinois can do this by improving transitions all
16    along the education pipeline; for postsecondary education,
17    this means strengthening articulation through stable
18    funding and the expansion of transfer tools, such as
19    Transferology and the IAI through development of an
20    objective measure of transfer and acceptance of credits in
21    education degrees.
22        (11) The IAI Education Pathway can be modeled off of
23    existing IAI major pathways like Early Childhood Education
24    and Criminal Justice.
25    (b) The General Assembly encourages the Board of Higher
26Education, the State Board of Education, and the Illinois

 

 

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1Community College Board, as part of the IAI, to do the
2following:
3        (1) The Board of Higher Education, the State Board of
4    Education, and the Illinois Community College Board are
5    encouraged to jointly establish a task force for a Major
6    Panel in Education and identify respective recommended
7    major courses that would be accepted as credit toward the
8    education major at the receiving institutions.
9        (2) As part of the report on the status of the Illinois
10    Articulation Initiative pursuant to Section 25 of the
11    Illinois Articulation Initiative Act, the Board of Higher
12    Education and the Illinois Community College Board are
13    encouraged to include in the annual report to the General
14    Assembly, the Governor, and the Illinois P-20 Council the
15    progress made on the task force on the Education Major
16    Panel.
17        (3) The Board of Higher Education, the State Board of
18    Education, and the Illinois Community College Board are
19    encouraged to further promote and encourage the enrollment
20    of minority students into educator preparation programs,
21    such as the annual information session about the Minority
22    Teachers of Illinois scholarship program pursuant to
23    subsection (q) of Section 50 of the Higher Education
24    Student Assistance Act.
 
25
Article 135.

 

 

 

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1    Section 135-5. The School Code is amended by changing
2Sections 2-3.25 and 27-20.4 and by adding Section 2-3.187 as
3follows:
 
4    (105 ILCS 5/2-3.25)  (from Ch. 122, par. 2-3.25)
5    Sec. 2-3.25. Standards for schools.
6    (a) To determine for all types of schools conducted under
7this Act efficient and adequate standards for the physical
8plant, heating, lighting, ventilation, sanitation, safety,
9equipment and supplies, instruction and teaching, curriculum,
10library, operation, maintenance, administration and
11supervision, and to issue, refuse to issue or revoke
12certificates of recognition for schools or school districts
13pursuant to standards established hereunder; to determine and
14establish efficient and adequate standards for approval of
15credit for courses given and conducted by schools outside of
16the regular school term.
17    (a-5) On or before July 1, 2021, the State Board of
18Education must adopt revised social science learning standards
19that are inclusive and reflective of all individuals in this
20country.
21    (b) Whenever it appears that a secondary or unit school
22district may be unable to offer courses enabling students in
23grades 9 through 12 to meet the minimum preparation and
24admission requirements for public colleges and universities

 

 

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1adopted by the Board of Higher Education, the State Board of
2Education shall assist the district in reviewing and analyzing
3its existing curriculum with particular reference to the
4educational needs of all pupils of the district and the
5sufficiency of existing and future revenues and payments
6available to the district for development of a curriculum which
7will provide maximum educational opportunity to pupils of the
8district. The review and analysis may consider achievement of
9this goal not only through implementation of traditional
10classroom methods but also through development of and
11participation in joint educational programs with other school
12districts or institutions of higher education, or alternative
13programs employing modern technological methods including but
14not limited to the use of television, telephones, computers,
15radio and other electronic devices.
16(Source: P.A. 87-559.)
 
17    (105 ILCS 5/2-3.187 new)
18    Sec. 2-3.187. Inclusive American History Commission.
19    (a) The Inclusive American History Commission is created to
20provide assistance to the State Board of Education in revising
21its social science learning standards under subsection (a-5) of
22Section 2-3.25.
23    (b) The State Board of Education shall convene the
24Inclusive American History Commission to do all of the
25following:

 

 

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1        (1) Review available resources for use in school
2    districts that reflect the racial and ethnic diversity of
3    this State and country. The resources identified by the
4    Commission may be posted on the State Board of Education's
5    Internet website.
6        (2) Provide guidance for each learning standard
7    developed for educators on how to ensure that instruction
8    and content are not biased to value specific cultures, time
9    periods, and experiences over other cultures, time
10    periods, and experiences.
11        (3) Develop guidance, tools, and support for
12    professional learning on how to locate and utilize
13    resources for non-dominant cultural narratives and sources
14    of historical information.
15    (c) The Commission shall consist of all of the following
16members:
17        (1) One Representative appointed by the Speaker of the
18    House of Representatives.
19        (2) One Representative appointed by the Minority
20    Leader of the House of Representatives.
21        (3) One Senator appointed by the President of the
22    Senate.
23        (4) One Senator appointed by the Minority Leader of the
24    Senate.
25        (5) Two members who are history scholars appointed by
26    the State Superintendent of Education.

 

 

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1        (6) Eight members who are teachers at schools in this
2    State recommended by professional teachers' organizations
3    and appointed by the State Superintendent of Education.
4        (7) One representative of the State Board of Education
5    appointed by the State Superintendent of Education who
6    shall serve as chairperson.
7        (8) One member who represents a statewide organization
8    that represents south suburban school districts appointed
9    by the State Superintendent of Education.
10        (9) One member who represents a west suburban school
11    district appointed by the State Superintendent of
12    Education.
13        (10) One member who represents a school district
14    organized under Article 34 appointed by the State
15    Superintendent of Education.
16        (11) One member who represents a statewide
17    organization that represents school librarians appointed
18    by the State Superintendent of Education.
19        (12) One member who represents a statewide
20    organization that represents principals appointed by the
21    State Superintendent of Education.
22        (13) One member who represents a statewide
23    organization that represents superintendents appointed by
24    the State Superintendent of Education.
25        (14) One member who represents a statewide
26    organization that represents school boards appointed by

 

 

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1    the State Superintendent of Education.
2    Members appointed to the Commission must reflect the
3racial, ethnic, and geographic diversity of this State.
4    (d) Members of the Commission shall serve without
5compensation but may be reimbursed for reasonable expenses from
6funds appropriated to the State Board of Education for that
7purpose, including travel, subject to the rules of the
8appropriate travel control board.
9    (e) The State Board of Education shall provide
10administrative and other support to the Commission.
11    (f) The Commission must submit a report about its work to
12the State Board of Education, the Governor, and the General
13Assembly on or before December 31, 2021. The Commission is
14dissolved upon the submission of its report.
15    (g) This Section is repealed on January 1, 2023.
 
16    (105 ILCS 5/27-20.4)  (from Ch. 122, par. 27-20.4)
17    Sec. 27-20.4. Black History study. Every public elementary
18school and high school shall include in its curriculum a unit
19of instruction studying the events of Black History, including
20the history of the pre-enslavement of Black people from 3,000
21BCE to AD 1619, the African slave trade, slavery in America,
22the study of the reasons why Black people came to be enslaved,
23and the vestiges of slavery in this country, and the study of
24the American civil rights renaissance. These events shall
25include not only the contributions made by individual

 

 

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1African-Americans in government and in the arts, humanities and
2sciences to the economic, cultural and political development of
3the United States and Africa, but also the socio-economic
4struggle which African-Americans experienced collectively in
5striving to achieve fair and equal treatment under the laws of
6this nation. The studying of this material shall constitute an
7affirmation by students of their commitment to respect the
8dignity of all races and peoples and to forever eschew every
9form of discrimination in their lives and careers.
10    The State Superintendent of Education may prepare and make
11available to all school boards instructional materials,
12including those established by the Amistad Commission, which
13may be used as guidelines for development of a unit of
14instruction under this Section; provided, however, that each
15school board shall itself determine the minimum amount of
16instruction time which shall qualify as a unit of instruction
17satisfying the requirements of this Section.
18    A school may meet the requirements of this Section through
19an online program or course.
20(Source: P.A. 100-634, eff. 1-1-19.)
 
21
Article 145.

 
22    Section 145-1. Short title. This Article may be cited as
23the Early Education Act. References in this Article to "this
24Act" means this Article.
 

 

 

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1    Section 145-5. Findings; policies.
2    (a) The General Assembly finds the following:
3        (1) Part C of the federal Individuals with Disabilities
4    Education Act and the Early Intervention Services System
5    Act provide that all eligible infants and toddlers and
6    their families are entitled to receive a broad range of
7    developmental, social, and emotional services designed to
8    maximize their development, including speech and language,
9    developmental, occupational, and physical therapies and
10    social work services.
11        (2) The General Assembly finds that early intervention
12    services as outlined in Part C of the federal Individuals
13    with Disabilities Education Act (IDEA) are cost-effective
14    and effectively serve the developmental needs of eligible
15    infants and toddlers and their families.
16        (3) Early intervention services to young children who
17    have or are at risk for developmental delays have been
18    shown to positively impact outcomes across developmental
19    domains, including language and communication, cognitive
20    development, and social and emotional development.
21        (4) Families benefit by being able to better meet their
22    child's developmental needs from an early age and
23    throughout their lives.
24        (5) Benefits to society include reducing the economic
25    burden through a decreased need for special education.

 

 

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1        (6) Data shows that early intervention services in
2    Illinois are at least two and a half times less costly
3    annually than special education services in preschool and
4    elementary years.
5        (7) Nationwide, nearly 70% of children in early
6    intervention programs exhibit growth greater than
7    expected; this includes acquiring skills at a faster rate
8    even after they leave the program.
9        (8) Nationwide, nearly half of children leave early
10    intervention programs functioning at age level and do not
11    need special education at kindergarten age.
12        (9) Early intervention services are underutilized in
13    Illinois and nationally with only 4% of Illinois infants
14    and toddlers currently receiving services, while the
15    research shows that about 13% of Illinois children are
16    eligible.
17        (10) In Illinois and nationally, only approximately 1%
18    of infants are enrolled in early intervention, which is far
19    below the percentage of children who should be receiving
20    these services; this is of concern because intervention at
21    the earliest possible point improves children's outcomes,
22    and children born with low or very low birth weights or
23    otherwise leaving the NICU too often do not receive the
24    needed connection to early intervention services,
25    particularly those children on Medicaid.
26        (11) Data indicates that early intervention services

 

 

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1    in Illinois are underutilized in the medical diagnosis and
2    environmental factors with substantial risk of delay
3    categories; these are the 2 eligibility areas in which
4    infants and toddlers are automatically eligible.
5        (12) Experts conclude that early intervention
6    eligibility needs to be clearly understood and documented
7    so that children and families who meet eligibility
8    requirements can be appropriately referred, served, and
9    supported.
10        (13) The Early Intervention Services System Act
11    requires the State to provide a comprehensive,
12    coordinated, interagency, and interdisciplinary early
13    intervention services system for eligible infants and
14    toddlers and their families by enhancing the capacity to
15    provide quality early intervention services, expanding and
16    improving existing services, and facilitating coordination
17    of payments for early intervention services from various
18    public and private sources.
19        (14) Black and Latinx children in Illinois are more
20    likely to be on a waiting list for services. This is due to
21    a number of reasons, including the reluctance to provide
22    services in certain neighborhoods due to the perception of
23    safety issues and in cases in which families experience
24    multiple challenges, such as child welfare involvement or
25    families experiencing homelessness, which are all
26    predictive factors of children that could benefit from

 

 

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1    early intervention services.
2        (15) Inequitable access to appropriate early
3    intervention services is disproportionately more likely to
4    be experienced by Black and Latinx families.
5    (b) The General Assembly encourages the Department of Human
6Services, in consultation with advocates and experts in the
7field, including the Interagency Council on Early
8Intervention, to take all of the following actions:
9        (1) to re-examine the definition of "at-risk" and also
10    the diagnosed medical conditions that typically result in
11    delay to ensure that they effectively increase eligibility
12    and access to early intervention services;
13        (2) to charge the Early Intervention Training Program,
14    in collaboration with experts and beneficiaries, to create
15    and execute a plan for designing and disseminating
16    affirmative outreach through multiple modalities to
17    primary referral services as defined by statute,
18    providers, and families;
19        (3) to include explanations and provide examples in the
20    affirmative outreach plan about how the medical conditions
21    resulting in high probability of developmental delay and
22    at-risk of developmental delay categories do not require
23    the child to have any present delay;
24        (4) to present to the General Assembly a report that
25    includes the affirmative outreach plan and plans for
26    disseminating that information, including data on the

 

 

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1    all-children-served eligibility category, services
2    provided, and information on race and geographic area to
3    the General Assembly no later than June 30, 2022;
4        (5) to develop a plan for the State to launch early
5    intervention specialized teams that can address the
6    complex needs that families face; the General Assembly
7    urges recommendations for the plan to be developed by a
8    public-private early intervention specialized teams work
9    group and to include the participation of at least 2 Child
10    Family Connection Providers in an early intervention
11    specialized team pilot; this plan should build on work by
12    the Illinois Interagency Council on Early Intervention and
13    should specifically address modifications to billing and
14    other policies to support new teaming structure, budget
15    implications for pilot execution, corresponding
16    professional development opportunities for early
17    intervention providers, a prearranged mechanism to collect
18    feedback from both families and providers, a mechanism for
19    tracking outcomes, and ways to refine the approach for
20    scale; the General Assembly urges this plan to be developed
21    and launched by January 1, 2022; and
22        (6) to work in a public-private partnership to
23    establish demonstration projects with at least 2 hospital
24    neo-natal intensive care departments, in-patient and
25    out-patient, with the goal of better coordination and
26    timely connections to early intervention services; the

 

 

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1    General Assembly encourages this implementation to be
2    underway no later than January 1, 2022.
 
3
Article 150.

 
4    Section 150-5. The Statute on Statutes is amended by adding
5Section 1.43 as follows:
 
6    (5 ILCS 70/1.43 new)
7    Sec. 1.43. Department of Commerce and Economic
8Opportunity. On or after the effective date of this amendatory
9Act of the 101st General Assembly, references to the Department
10of Commerce and Economic Opportunity or the Department of
11Commerce and Community Affairs with respect to the
12administration of the federal Workforce Investment Act of 1998,
13the federal Illinois Trade Adjustment Assistance Program and
14the Illinois Worker Adjustment and Retraining Notification Act
15shall be construed as references to the Department of
16Employment Security. On or after the effective date of this
17amendatory Act of the 101st General Assembly, all references to
18the Director of Commerce and Economic Opportunity or the
19Department of Commerce and Community Affairs with respect to
20the administration of the federal Workforce Investment Act of
211998, the federal Illinois Trade Adjustment Assistance Program
22and the Illinois Worker Adjustment and Retraining Notification
23Act shall be construed as references to the Director of

 

 

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1Employment Security.
 
2    Section 150-10. The Department of Commerce and Economic
3Opportunity Law of the Civil Administrative Code of Illinois is
4amended by changing Sections 605-807, 605-815, and 605-850 as
5follows:
 
6    (20 ILCS 605/605-807)
7    Sec. 605-807. Federal Workforce Training Fund.
8    (a) The Federal Workforce Training Fund is created as a
9special fund in the State treasury. The Department may accept
10gifts, grants, awards, matching contributions, interest
11income, appropriations, and cost sharings from individuals,
12businesses, governments, and other third party sources, on
13terms that the Director deems advisable. Moneys received under
14this Section may be expended for purposes consistent with the
15conditions under which those moneys are received, subject to
16appropriations made by the General Assembly for those purposes.
17    (b) Beginning on the effective date of this amendatory Act
18of the 93rd General Assembly, all moneys received by the State
19pursuant to the federal Workforce Investment Act or Section
20403(a)(5) of the federal Social Security Act, and any moneys
21received pursuant to the federal Workforce Investment Act and
22necessary to pay liabilities incurred in connection with that
23Act on or after January 1, 2022, shall be deposited into the
24Federal Workforce Training Fund, to be used for purposes

 

 

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1consistent with the conditions under which those moneys are
2received by the State, except that any moneys received pursuant
3to the federal Workforce Investment Act and necessary to pay
4liabilities incurred in connection with that Act and
5outstanding as of June 30, 2003, or any moneys received
6pursuant to Section 403(a)(5) of the federal Social Security
7Act and necessary to pay liabilities incurred in connection
8with that Act and outstanding as of June 30, 2003, shall be
9deposited into the Title III Social Security and Employment
10Fund.
11    On September 1, 2003, or as soon thereafter as may be
12reasonably practical, the State Comptroller shall transfer all
13unobligated moneys received by the State pursuant to the
14federal Workforce Investment Act or Section 403(a)(5) of the
15federal Social Security Act from the Title III Social Security
16and Employment Fund to the Federal Workforce Training Fund. The
17moneys transferred pursuant to this Amendatory Act of the 93rd
18General Assembly may be used or expended for purposes
19consistent with the conditions under which those moneys were
20received by the State.
21    (c) Beginning on the effective date of this amendatory Act
22of the 93rd General Assembly, all moneys received by the State
23pursuant to the federal Illinois Trade Adjustment Assistance
24Program, and any moneys received pursuant to the federal
25Workforce Investment Act and necessary to pay liabilities
26incurred in connection with that Act on or after January 1,

 

 

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12022, shall be deposited into the Federal Workforce Training
2Fund, to be used for purposes consistent with the conditions
3under which those moneys are received by the State, except that
4any moneys received pursuant to the federal Illinois Trade
5Adjustment Assistance Program and necessary to pay liabilities
6incurred in connection with that program and outstanding as of
7June 30, 2003, shall be deposited into the Title III Social
8Security and Employment Fund.
9    On July 1, 2003 or as soon thereafter as may be reasonably
10practical, the State Comptroller shall make one or more
11transfers of all moneys received by the State pursuant to the
12federal Illinois Trade Adjustment Assistance Program in excess
13of those necessary to pay liabilities in connection with that
14program and outstanding as of June 30, 2003 from the Title III
15Social Security and Employment Fund to the Federal Workforce
16Training Fund. The moneys transferred pursuant to this
17amendatory Act of the 93rd General Assembly may be used or
18expended for purposes consistent with the conditions under
19which those moneys were received by the State.
20    (d) On and after the effective date of this amendatory Act
21of the 101st General Assembly, funds in the Federal Workforce
22Training Fund may only be paid to the Department of Employment
23Security.
24(Source: P.A. 93-25, eff. 6-20-03.)
 
25    Section 150-15. The Department of Employment Security Law

 

 

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1of the Civil Administrative Code of Illinois is amended by
2adding Section 1005-170 as follows:
 
3    (20 ILCS 1005/1005-170 new)
4    Sec. 1005-170. Transfer from Department of Commerce and
5Economic Opportunity.
6    (a) Notwithstanding any provision of law to the contrary,
7all the powers, duties, rights and responsibilities vested in
8the Department of Commerce and Economic Opportunity with
9respect to the administration of the federal Workforce
10Investment Act of 1998, the federal Illinois Trade Adjustment
11Assistance Program and the Illinois Worker Adjustment and
12Retraining Notification Act, including any liabilities arising
13therefrom, are transferred to the Department of Employment
14Security.
15    (b) Personnel in the Department of Commerce and Economic
16Opportunity who are assigned directly or indirectly to the
17administration of the Acts listed in subsection (a) transferred
18by this amendatory Act of the 101st General Assembly shall be
19transferred to the Department of Employment Security pursuant
20to the direction of the Director of Employment Security. The
21rights of the employees and the State of Illinois and its
22agencies under the Personnel Code and applicable collective
23bargaining agreements or under any pension, retirement, or
24annuity plan shall not be affected by this amendatory Act of
25the 101st General Assembly.

 

 

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1    (c) All books, records, papers, documents, property (real
2and personal), and pending business pertaining to the rights,
3responsibilities, powers, and duties transferred by this
4amendatory Act of the 101st General Assembly from the
5Department of Commerce and Economic Opportunity to the
6Department of Employment Security, including but not limited to
7material in electronic or magnetic format and necessary
8computer hardware and software, shall be delivered to the
9Department of Employment Security pursuant to the direction of
10the Director of Employment Security.
11    (d) All unexpended appropriations and balances and other
12funds available for use by the Department of Commerce and
13Economic Opportunity for the exercise of the powers, duties,
14rights, and responsibilities transferred herein shall be
15transferred for use by the Department of Employment Security
16pursuant to the direction of the Director of Employment
17Security. Unexpended balances so transferred shall be expended
18only for the purpose for which the appropriations were
19originally made.
20    (e) The powers, duties, rights, and responsibilities
21transferred from the Department of Commerce and Economic
22Opportunity by this amendatory Act of the 101st General
23Assembly shall be vested in and shall be exercised by the
24Department of Employment Security.
25    (f) Whenever reports or notices are now required to be made
26or given or papers or documents furnished or served by any

 

 

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1person to or upon the Department of Commerce and Economic
2Opportunity in connection with any of the powers, duties,
3rights, and responsibilities transferred by this amendatory
4Act of the 101st General Assembly, the same shall be made,
5given, furnished, or served in the same manner to or upon the
6Department of Employment Security.
7    (g) This amendatory Act of the 101st General Assembly does
8not affect any act done, ratified, or canceled or any right
9occurring or established or any action or proceeding had or
10commenced in an administrative, civil, or criminal cause by the
11Department of Commerce and Economic Opportunity before this
12amendatory Act of the 101st General Assembly takes effect; such
13actions or proceedings may be prosecuted and continued by the
14Department of Employment Security.
15    (h) Any rules of the Department of Commerce and Economic
16Opportunity that relate to the powers, duties, rights, and
17responsibilities transferred from the Department of Commerce
18and Economic Opportunity by this amendatory Act of the 101st
19General Assembly, and that are in full force on the effective
20date of this amendatory Act of the 101st General Assembly,
21shall become the rules of the Department of Employment
22Security. This amendatory Act of the 101st General Assembly
23does not affect the legality of any such rules in the Illinois
24Administrative Code.
25    Any proposed rules filed with the Secretary of State by the
26Department of Commerce and Economic Opportunity that are

 

 

10100SB0458ham002- 227 -LRB101 04219 CMG 74707 a

1pending in the rulemaking process on the effective date of this
2amendatory Act of the 101st General Assembly and pertain to the
3powers, duties, rights, and responsibilities transferred,
4shall be deemed to have been filed by the Department of
5Employment Security. As soon as practicable hereafter, the
6Department of Employment Security shall revise and clarify the
7rules transferred to it under this amendatory Act of the 101st
8General Assembly to reflect the reorganization of powers,
9duties, rights, and responsibilities affected by this
10amendatory Act of the 101st General Assembly, using the
11procedures for recodification of rules available under the
12Illinois Administrative Procedure Act, except that existing
13title, part, and section numbering for the affected rules may
14be retained. The Department of Employment Security may propose
15and adopt under the Illinois Administrative Procedure Act such
16other rules of the Department of Commerce and Economic
17Opportunity that will now be administered by the Department of
18Employment Security.
19    (i) Every person, corporation, or unit of government shall
20be subject to the same obligations and duties and any
21penalties, civil or criminal, arising therefrom, and shall have
22the same rights arising from the exercise of rights,
23responsibilities, powers, and duties as had been exercised by
24the Department of Commerce and Economic Opportunity, as they
25pertain to the administration of the Acts listed in subsection
26(a) transferred by this amendatory Act of the 101st General

 

 

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1Assembly.
2    (j) The Department must comply with the Internet posting
3requirements set forth in Section 7.2 of the Illinois Workforce
4Investment Board Act. The information must be posted on the
5Department's Internet website no later than 30 days after the
6Department receives the information from the Illinois
7Workforce Investment Board.
8    (k) The Office of the Governor shall provide to the General
9Assembly in written form, prior to April 1, 2021, a list of any
10other workforce development programs that are completely or
11partially funded by Titles I, III, IV, and V, and could be
12consolidated under the Department of Employment Security.
 
13    Section 150-20. The Illinois Workforce Investment Board
14Act is amended by changing Section 7.2 as follows:
 
15    (20 ILCS 3975/7.2)
16    Sec. 7.2. Posting requirements; Department of Employment
17Security's Commerce and Economic Opportunity's website. On and
18after the effective date of this amendatory Act of the 101st
1997th General Assembly, the Illinois Workforce Innovation Board
20must annually submit to the Department of Employment Security
21Commerce and Economic Opportunity the following information to
22be posted on the Department's official Internet website:
23        (1) All agendas and meeting minutes for meetings of the
24    Illinois Workforce Innovation Board.

 

 

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1        (2) All line-item budgets for the local workforce
2    investment areas located within the State.
3        (3) A listing of all contracts and contract values for
4    all workforce development training and service providers.
5    The information required under this Section must be posted
6on the Department of Employment Security's Commerce and
7Economic Opportunity's Internet website no later than 30 days
8after the Department receives the information from the Illinois
9Workforce Innovation Board.
10(Source: P.A. 100-477, eff. 9-8-17.)
 
11    Section 150-25. The School Code is amended by changing
12Section 22-45 as follows:
 
13    (105 ILCS 5/22-45)
14    Sec. 22-45. Illinois P-20 Council.
15    (a) The General Assembly finds that preparing Illinoisans
16for success in school and the workplace requires a continuum of
17quality education from preschool through graduate school. This
18State needs a framework to guide education policy and integrate
19education at every level. A statewide coordinating council to
20study and make recommendations concerning education at all
21levels can avoid fragmentation of policies, promote improved
22teaching and learning, and continue to cultivate and
23demonstrate strong accountability and efficiency. Establishing
24an Illinois P-20 Council will develop a statewide agenda that

 

 

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1will move the State towards the common goals of improving
2academic achievement, increasing college access and success,
3improving use of existing data and measurements, developing
4improved accountability, fostering innovative approaches to
5education, promoting lifelong learning, easing the transition
6to college, and reducing remediation. A pre-kindergarten
7through grade 20 agenda will strengthen this State's economic
8competitiveness by producing a highly-skilled workforce. In
9addition, lifelong learning plans will enhance this State's
10ability to leverage funding.
11    (b) There is created the Illinois P-20 Council. The
12Illinois P-20 Council shall include all of the following
13members:
14        (1) The Governor or his or her designee, to serve as
15    chairperson.
16        (2) Four members of the General Assembly, one appointed
17    by the Speaker of the House of Representatives, one
18    appointed by the Minority Leader of the House of
19    Representatives, one appointed by the President of the
20    Senate, and one appointed by the Minority Leader of the
21    Senate.
22        (3) Six at-large members appointed by the Governor as
23    follows, with 2 members being from the City of Chicago, 2
24    members being from Lake County, McHenry County, Kane
25    County, DuPage County, Will County, or that part of Cook
26    County outside of the City of Chicago, and 2 members being

 

 

10100SB0458ham002- 231 -LRB101 04219 CMG 74707 a

1    from the remainder of the State:
2            (A) one representative of civic leaders;
3            (B) one representative of local government;
4            (C) one representative of trade unions;
5            (D) one representative of nonprofit organizations
6        or foundations;
7            (E) one representative of parents' organizations;
8        and
9            (F) one education research expert.
10        (4) Five members appointed by statewide business
11    organizations and business trade associations.
12        (5) Six members appointed by statewide professional
13    organizations and associations representing
14    pre-kindergarten through grade 20 teachers, community
15    college faculty, and public university faculty.
16        (6) Two members appointed by associations representing
17    local school administrators and school board members. One
18    of these members must be a special education administrator.
19        (7) One member representing community colleges,
20    appointed by the Illinois Council of Community College
21    Presidents.
22        (8) One member representing 4-year independent
23    colleges and universities, appointed by a statewide
24    organization representing private institutions of higher
25    learning.
26        (9) One member representing public 4-year

 

 

10100SB0458ham002- 232 -LRB101 04219 CMG 74707 a

1    universities, appointed jointly by the university
2    presidents and chancellors.
3        (10) Ex-officio members as follows:
4            (A) The State Superintendent of Education or his or
5        her designee.
6            (B) The Executive Director of the Board of Higher
7        Education or his or her designee.
8            (C) The Executive Director of the Illinois
9        Community College Board or his or her designee.
10            (D) The Executive Director of the Illinois Student
11        Assistance Commission or his or her designee.
12            (E) The Co-chairpersons of the Illinois Workforce
13        Investment Board or their designee.
14            (F) The Director of Commerce and Economic
15        Opportunity or his or her designee.
16            (G) The Chairperson of the Illinois Early Learning
17        Council or his or her designee.
18            (H) The President of the Illinois Mathematics and
19        Science Academy or his or her designee.
20            (I) The president of an association representing
21        educators of adult learners or his or her designee.
22            (J) The Director of Employment Security or his or
23        her designee.
24Ex-officio members shall have no vote on the Illinois P-20
25Council.
26    Appointed members shall serve for staggered terms expiring

 

 

10100SB0458ham002- 233 -LRB101 04219 CMG 74707 a

1on July 1 of the first, second, or third calendar year
2following their appointments or until their successors are
3appointed and have qualified. Staggered terms shall be
4determined by lot at the organizing meeting of the Illinois
5P-20 Council.
6    Vacancies shall be filled in the same manner as original
7appointments, and any member so appointed shall serve during
8the remainder of the term for which the vacancy occurred.
9    (c) The Illinois P-20 Council shall be funded through State
10appropriations to support staff activities, research,
11data-collection, and dissemination. The Illinois P-20 Council
12shall be staffed by the Office of the Governor, in coordination
13with relevant State agencies, boards, and commissions. The
14Illinois Education Research Council shall provide research and
15coordinate research collection activities for the Illinois
16P-20 Council.
17    (d) The Illinois P-20 Council shall have all of the
18following duties:
19        (1) To make recommendations to do all of the following:
20            (A) Coordinate pre-kindergarten through grade 20
21        (graduate school) education in this State through
22        working at the intersections of educational systems to
23        promote collaborative infrastructure.
24            (B) Coordinate and leverage strategies, actions,
25        legislation, policies, and resources of all
26        stakeholders to support fundamental and lasting

 

 

10100SB0458ham002- 234 -LRB101 04219 CMG 74707 a

1        improvement in this State's public schools, community
2        colleges, and universities.
3            (C) Better align the high school curriculum with
4        postsecondary expectations.
5            (D) Better align assessments across all levels of
6        education.
7            (E) Reduce the need for students entering
8        institutions of higher education to take remedial
9        courses.
10            (F) Smooth the transition from high school to
11        college.
12            (G) Improve high school and college graduation
13        rates.
14            (H) Improve the rigor and relevance of academic
15        standards for college and workforce readiness.
16            (I) Better align college and university teaching
17        programs with the needs of Illinois schools.
18        (2) To advise the Governor, the General Assembly, the
19    State's education and higher education agencies, and the
20    State's workforce and economic development boards and
21    agencies on policies related to lifelong learning for
22    Illinois students and families.
23        (3) To articulate a framework for systemic educational
24    improvement and innovation that will enable every student
25    to meet or exceed Illinois learning standards and be
26    well-prepared to succeed in the workforce and community.

 

 

10100SB0458ham002- 235 -LRB101 04219 CMG 74707 a

1        (4) To provide an estimated fiscal impact for
2    implementation of all Council recommendations.
3    (e) The chairperson of the Illinois P-20 Council may
4authorize the creation of working groups focusing on areas of
5interest to Illinois educational and workforce development,
6including without limitation the following areas:
7        (1) Preparation, recruitment, and certification of
8    highly qualified teachers.
9        (2) Mentoring and induction of highly qualified
10    teachers.
11        (3) The diversity of highly qualified teachers.
12        (4) Funding for highly qualified teachers, including
13    developing a strategic and collaborative plan to seek
14    federal and private grants to support initiatives
15    targeting teacher preparation and its impact on student
16    achievement.
17        (5) Highly effective administrators.
18        (6) Illinois birth through age 3 education,
19    pre-kindergarten, and early childhood education.
20        (7) The assessment, alignment, outreach, and network
21    of college and workforce readiness efforts.
22        (8) Alternative routes to college access.
23        (9) Research data and accountability.
24        (10) Community schools, community participation, and
25    other innovative approaches to education that foster
26    community partnerships.

 

 

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1        (11) Tuition, financial aid, and other issues related
2    to keeping postsecondary education affordable for Illinois
3    residents.
4    The chairperson of the Illinois P-20 Council may designate
5Council members to serve as working group chairpersons. Working
6groups may invite organizations and individuals representing
7pre-kindergarten through grade 20 interests to participate in
8discussions, data collection, and dissemination.
9(Source: P.A. 98-463, eff. 8-16-13; 98-719, eff. 1-1-15;
1099-643, eff. 1-1-17.)
 
11    Section 150-30. The Illinois Human Rights Act is amended by
12changing Section 2-105 as follows:
 
13    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
14    Sec. 2-105. Equal Employment Opportunities; Affirmative
15Action.
16    (A) Public Contracts. Every party to a public contract and
17every eligible bidder shall:
18        (1) Refrain from unlawful discrimination and
19    discrimination based on citizenship status in employment
20    and undertake affirmative action to assure equality of
21    employment opportunity and eliminate the effects of past
22    discrimination;
23        (2) Comply with the procedures and requirements of the
24    Department's regulations concerning equal employment

 

 

10100SB0458ham002- 237 -LRB101 04219 CMG 74707 a

1    opportunities and affirmative action;
2        (3) Provide such information, with respect to its
3    employees and applicants for employment, and assistance as
4    the Department may reasonably request;
5        (4) Have written sexual harassment policies that shall
6    include, at a minimum, the following information: (i) the
7    illegality of sexual harassment; (ii) the definition of
8    sexual harassment under State law; (iii) a description of
9    sexual harassment, utilizing examples; (iv) the vendor's
10    internal complaint process including penalties; (v) the
11    legal recourse, investigative and complaint process
12    available through the Department and the Commission; (vi)
13    directions on how to contact the Department and Commission;
14    and (vii) protection against retaliation as provided by
15    Section 6-101 of this Act. A copy of the policies shall be
16    provided to the Department upon request. Additionally,
17    each bidder who submits a bid or offer for a State contract
18    under the Illinois Procurement Code shall have a written
19    copy of the bidder's sexual harassment policy as required
20    under this paragraph (4). A copy of the policy shall be
21    provided to the State agency entering into the contract
22    upon request.
23    (B) State Agencies. Every State executive department,
24State agency, board, commission, and instrumentality shall:
25        (1) Comply with the procedures and requirements of the
26    Department's regulations concerning equal employment

 

 

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1    opportunities and affirmative action;
2        (2) Provide such information and assistance as the
3    Department may request.
4        (3) Establish, maintain, and carry out a continuing
5    affirmative action plan consistent with this Act and the
6    regulations of the Department designed to promote equal
7    opportunity for all State residents in every aspect of
8    agency personnel policy and practice. For purposes of these
9    affirmative action plans, the race and national origin
10    categories to be included in the plans are: American Indian
11    or Alaska Native, Asian, Black or African American,
12    Hispanic or Latino, Native Hawaiian or Other Pacific
13    Islander.
14        This plan shall include a current detailed status
15    report:
16            (a) indicating, by each position in State service,
17        the number, percentage, and average salary of
18        individuals employed by race, national origin, sex and
19        disability, and any other category that the Department
20        may require by rule;
21            (b) identifying all positions in which the
22        percentage of the people employed by race, national
23        origin, sex and disability, and any other category that
24        the Department may require by rule, is less than
25        four-fifths of the percentage of each of those
26        components in the State work force;

 

 

10100SB0458ham002- 239 -LRB101 04219 CMG 74707 a

1            (c) specifying the goals and methods for
2        increasing the percentage by race, national origin,
3        sex and disability, and any other category that the
4        Department may require by rule, in State positions;
5            (d) indicating progress and problems toward
6        meeting equal employment opportunity goals, including,
7        if applicable, but not limited to, Department of
8        Central Management Services recruitment efforts,
9        publicity, promotions, and use of options designating
10        positions by linguistic abilities;
11            (e) establishing a numerical hiring goal for the
12        employment of qualified persons with disabilities in
13        the agency as a whole, to be based on the proportion of
14        people with work disabilities in the Illinois labor
15        force as reflected in the most recent employment data
16        made available by the United States Census Bureau.
17        (4) If the agency has 1000 or more employees, appoint a
18    full-time Equal Employment Opportunity officer, subject to
19    the Department's approval, whose duties shall include:
20            (a) Advising the head of the particular State
21        agency with respect to the preparation of equal
22        employment opportunity programs, procedures,
23        regulations, reports, and the agency's affirmative
24        action plan.
25            (b) Evaluating in writing each fiscal year the
26        sufficiency of the total agency program for equal

 

 

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1        employment opportunity and reporting thereon to the
2        head of the agency with recommendations as to any
3        improvement or correction in recruiting, hiring or
4        promotion needed, including remedial or disciplinary
5        action with respect to managerial or supervisory
6        employees who have failed to cooperate fully or who are
7        in violation of the program.
8            (c) Making changes in recruitment, training and
9        promotion programs and in hiring and promotion
10        procedures designed to eliminate discriminatory
11        practices when authorized.
12            (d) Evaluating tests, employment policies,
13        practices and qualifications and reporting to the head
14        of the agency and to the Department any policies,
15        practices and qualifications that have unequal impact
16        by race, national origin as required by Department
17        rule, sex or disability or any other category that the
18        Department may require by rule, and to assist in the
19        recruitment of people in underrepresented
20        classifications. This function shall be performed in
21        cooperation with the State Department of Central
22        Management Services.
23            (e) Making any aggrieved employee or applicant for
24        employment aware of his or her remedies under this Act.
25            In any meeting, investigation, negotiation,
26        conference, or other proceeding between a State

 

 

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1        employee and an Equal Employment Opportunity officer,
2        a State employee (1) who is not covered by a collective
3        bargaining agreement and (2) who is the complaining
4        party or the subject of such proceeding may be
5        accompanied, advised and represented by (1) an
6        attorney licensed to practice law in the State of
7        Illinois or (2) a representative of an employee
8        organization whose membership is composed of employees
9        of the State and of which the employee is a member. A
10        representative of an employee, other than an attorney,
11        may observe but may not actively participate, or advise
12        the State employee during the course of such meeting,
13        investigation, negotiation, conference or other
14        proceeding. Nothing in this Section shall be construed
15        to permit any person who is not licensed to practice
16        law in Illinois to deliver any legal services or
17        otherwise engage in any activities that would
18        constitute the unauthorized practice of law. Any
19        representative of an employee who is present with the
20        consent of the employee, shall not, during or after
21        termination of the relationship permitted by this
22        Section with the State employee, use or reveal any
23        information obtained during the course of the meeting,
24        investigation, negotiation, conference or other
25        proceeding without the consent of the complaining
26        party and any State employee who is the subject of the

 

 

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1        proceeding and pursuant to rules and regulations
2        governing confidentiality of such information as
3        promulgated by the appropriate State agency.
4        Intentional or reckless disclosure of information in
5        violation of these confidentiality requirements shall
6        constitute a Class B misdemeanor.
7        (5) Establish, maintain and carry out a continuing
8    sexual harassment program that shall include the
9    following:
10            (a) Develop a written sexual harassment policy
11        that includes at a minimum the following information:
12        (i) the illegality of sexual harassment; (ii) the
13        definition of sexual harassment under State law; (iii)
14        a description of sexual harassment, utilizing
15        examples; (iv) the agency's internal complaint process
16        including penalties; (v) the legal recourse,
17        investigative and complaint process available through
18        the Department and the Commission; (vi) directions on
19        how to contact the Department and Commission; and (vii)
20        protection against retaliation as provided by Section
21        6-101 of this Act. The policy shall be reviewed
22        annually.
23            (b) Post in a prominent and accessible location and
24        distribute in a manner to assure notice to all agency
25        employees without exception the agency's sexual
26        harassment policy. Such documents may meet, but shall

 

 

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1        not exceed, the 6th grade literacy level. Distribution
2        shall be effectuated within 90 days of the effective
3        date of this amendatory Act of 1992 and shall occur
4        annually thereafter.
5            (c) Provide training on sexual harassment
6        prevention and the agency's sexual harassment policy
7        as a component of all ongoing or new employee training
8        programs.
9        (6) Notify the Department 30 days before effecting any
10    layoff. Once notice is given, the following shall occur:
11            (a) No layoff may be effective earlier than 10
12        working days after notice to the Department, unless an
13        emergency layoff situation exists.
14            (b) The State executive department, State agency,
15        board, commission, or instrumentality in which the
16        layoffs are to occur must notify each employee targeted
17        for layoff, the employee's union representative (if
18        applicable), and the State Dislocated Worker Unit at
19        the Department of Commerce and Economic Opportunity.
20            (c) The State executive department, State agency,
21        board, commission, or instrumentality in which the
22        layoffs are to occur must conform to applicable
23        collective bargaining agreements.
24            (d) The State executive department, State agency,
25        board, commission, or instrumentality in which the
26        layoffs are to occur should notify each employee

 

 

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1        targeted for layoff that transitional assistance may
2        be available to him or her under the Economic
3        Dislocation and Worker Adjustment Assistance Act
4        administered by the Department of Employment Security
5        Commerce and Economic Opportunity. Failure to give
6        such notice shall not invalidate the layoff or postpone
7        its effective date.
8     As used in this subsection (B), "disability" shall be
9defined in rules promulgated under the Illinois Administrative
10Procedure Act.
11    (C) Civil Rights Violations. It is a civil rights violation
12for any public contractor or eligible bidder to:
13        (1) fail to comply with the public contractor's or
14    eligible bidder's duty to refrain from unlawful
15    discrimination and discrimination based on citizenship
16    status in employment under subsection (A)(1) of this
17    Section; or
18        (2) fail to comply with the public contractor's or
19    eligible bidder's duties of affirmative action under
20    subsection (A) of this Section, provided however, that the
21    Department has notified the public contractor or eligible
22    bidder in writing by certified mail that the public
23    contractor or eligible bidder may not be in compliance with
24    affirmative action requirements of subsection (A). A
25    minimum of 60 days to comply with the requirements shall be
26    afforded to the public contractor or eligible bidder before

 

 

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1    the Department may issue formal notice of non-compliance.
2    (D) As used in this Section:
3        (1) "American Indian or Alaska Native" means a person
4    having origins in any of the original peoples of North and
5    South America, including Central America, and who
6    maintains tribal affiliation or community attachment.
7        (2) "Asian" means a person having origins in any of the
8    original peoples of the Far East, Southeast Asia, or the
9    Indian subcontinent, including, but not limited to,
10    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
11    the Philippine Islands, Thailand, and Vietnam.
12        (3) "Black or African American" means a person having
13    origins in any of the black racial groups of Africa. Terms
14    such as "Haitian" or "Negro" can be used in addition to
15    "Black or African American".
16        (4) "Hispanic or Latino" means a person of Cuban,
17    Mexican, Puerto Rican, South or Central American, or other
18    Spanish culture or origin, regardless of race.
19        (5) "Native Hawaiian or Other Pacific Islander" means a
20    person having origins in any of the original peoples of
21    Hawaii, Guam, Samoa, or other Pacific Islands.
22(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)
 
23    Section 150-35. The Illinois Worker Adjustment and
24Retraining Notification Act is amended by changing Sections 10
25and 45, as follows:
 

 

 

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1    (820 ILCS 65/10)
2    Sec. 10. Notice.
3    (a) An employer may not order a mass layoff, relocation, or
4employment loss unless, 60 days before the order takes effect,
5the employer gives written notice of the order to the
6following:
7        (1) affected employees and representatives of affected
8    employees; and
9        (2) the Department of Employment Security Commerce and
10    Economic Opportunity and the chief elected official of each
11    municipal and county government within which the
12    employment loss, relocation, or mass layoff occurs.
13    (b) An employer required to give notice of any mass layoff,
14relocation, or employment loss under this Act shall include in
15its notice the elements required by the federal Worker
16Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
17seq.).
18    (c) Notwithstanding the requirements of subsection (a), an
19employer is not required to provide notice if a mass layoff,
20relocation, or employment loss is necessitated by a physical
21calamity or an act of terrorism or war.
22    (d) The mailing of notice to an employee's last known
23address or inclusion of notice in the employee's paycheck shall
24be considered acceptable methods for fulfillment of the
25employer's obligation to give notice to each affected employee

 

 

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1under this Act.
2    (e) In the case of a sale of part or all of an employer's
3business, the seller shall be responsible for providing notice
4for any plant closing or mass layoff in accordance with this
5Section, up to and including the effective date of the sale.
6After the effective date of the sale of part or all of an
7employer's business, the purchaser shall be responsible for
8providing notice for any plant closing or mass layoff in
9accordance with this Section. Notwithstanding any other
10provision of this Act, any person who is an employee of the
11seller (other than a part-time employee) as of the effective
12date of the sale shall be considered an employee of the
13purchaser immediately after the effective date of the sale.
14    (f) An employer which is receiving State or local economic
15development incentives for doing or continuing to do business
16in this State may be required to provide additional notice
17pursuant to Section 15 of the Business Economic Support Act.
18    (g) The rights and remedies provided to employees by this
19Act are in addition to, and not in lieu of, any other
20contractual or statutory rights and remedies of the employees,
21and are not intended to alter or affect such rights and
22remedies, except that the period of notification required by
23this Act shall run concurrently with any period of notification
24required by contract or by any other law.
25    (h) It is the sense of the General Assembly that an
26employer who is not required to comply with the notice

 

 

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1requirements of this Section should, to the extent possible,
2provide notice to its employees about a proposal to close a
3plant or permanently reduce its workforce.
4(Source: P.A. 93-915, eff. 1-1-05.)
 
5    (820 ILCS 65/45)
6    Sec. 45. Advisory notice from Department of Employment
7Security Commerce and Economic Opportunity. Before September
830 of each year, the Department of Employment Security Commerce
9and Economic Opportunity, with the cooperation of the
10Department of Employment Security, must issue a written notice
11to each employer that reported to the Department of Employment
12Security that the employer paid wages to 75 or more individuals
13with respect to any quarter in the immediately preceding
14calendar year. The notice must indicate that the employer may
15be subject to this Act and must generally advise the employer
16about the requirements of this Act and the remedies provided
17for violations of this Act.
18(Source: P.A. 93-915, eff. 1-1-05.)
 
19    Section 150-40. The Unemployment Insurance Act is amended
20by changing Section 2103 as follows:
 
21    (820 ILCS 405/2103)  (from Ch. 48, par. 663)
22    Sec. 2103. Unemployment compensation administration and
23other workforce development costs. All moneys received by the

 

 

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1State or by the Department from any source for the financing of
2the cost of administration of this Act, including all federal
3moneys allotted or apportioned to the State or to the
4Department for that purpose, including moneys received
5directly or indirectly from the federal government under the
6Job Training Partnership Act, and including moneys received
7from the Railroad Retirement Board as compensation for services
8or facilities supplied to said Board, or any moneys made
9available by this State or its political subdivisions and
10matched by moneys granted to this State pursuant to the
11provisions of the Wagner-Peyser Act, shall be received and held
12by the State Treasurer as ex-officio custodian thereof,
13separate and apart from all other State moneys, in the Title
14III Social Security and Employment Fund, and such funds shall
15be distributed or expended upon the direction of the Director
16and, except money received pursuant to the last paragraph of
17Section 2100B, shall be distributed or expended solely for the
18purposes and in the amounts found necessary by the Secretary of
19Labor of the United States of America, or other appropriate
20federal agency, for the proper and efficient administration of
21this Act. Notwithstanding any provision of this Section, all
22money requisitioned and deposited with the State Treasurer
23pursuant to the last paragraph of Section 2100B shall remain
24part of the unemployment trust fund and shall be used only in
25accordance with the conditions specified in the last paragraph
26of Section 2100B.

 

 

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1    If any moneys received from the Secretary of Labor, or
2other appropriate federal agency, under Title III of the Social
3Security Act, or any moneys granted to this State pursuant to
4the provisions of the Wagner-Peyser Act, or any moneys made
5available by this State or its political subdivisions and
6matched by moneys granted to this State pursuant to the
7provisions of the Wagner-Peyser Act, are found by the Secretary
8of Labor, or other appropriate Federal agency, because of any
9action or contingency, to have been lost or expended for
10purposes other than, or in amounts in excess of, those found
11necessary, by the Secretary of Labor, or other appropriate
12Federal agency, for the proper administration of this Act, it
13is the policy of this State that such moneys shall be replaced
14by moneys appropriated for such purpose from the general funds
15of this State for expenditure as provided in the first
16paragraph of this Section. The Director shall report to the
17Governor's Office of Management and Budget, in the same manner
18as is provided generally for the submission by State
19Departments of financial requirements for the ensuing fiscal
20year, and the Governor shall include in his budget report to
21the next regular session of the General Assembly, the amount
22required for such replacement.
23    Moneys in the Title III Social Security and Employment Fund
24shall not be commingled with other State funds, but they shall
25be deposited as required by law and maintained in a separate
26account on the books of a savings and loan association or bank.

 

 

10100SB0458ham002- 251 -LRB101 04219 CMG 74707 a

1    The State Treasurer shall be liable on his general official
2bond for the faithful performance of his duties as custodian of
3all moneys in the Title III Social Security and Employment
4Fund. Such liability on his official bond shall exist in
5addition to the liability upon any separate bond given by him.
6All sums recovered for losses sustained by the fund herein
7described shall be deposited therein.
8    Upon the effective date of this amendatory Act of 1987
9(January 1, 1988), the Comptroller shall transfer all
10unobligated funds from the Job Training Fund into the Title III
11Social Security and Employment Fund.
12    On September 1, 2000, or as soon thereafter as may be
13reasonably practicable, the State Comptroller shall transfer
14all unobligated moneys from the Job Training Partnership Fund
15into the Title III Social Security and Employment Fund. The
16moneys transferred pursuant to this amendatory Act may be used
17or expended for purposes consistent with the conditions under
18which those moneys were received by the State.
19    Beginning on the effective date of this amendatory Act of
20the 91st General Assembly, all moneys that would otherwise be
21deposited into the Job Training Partnership Fund shall instead
22be deposited into the Title III Social Security and Employment
23Fund, to be used for purposes consistent with the conditions
24under which those moneys are received by the State, except that
25any moneys that may be necessary to pay liabilities outstanding
26as of June 30, 2000 shall be deposited into the Job Training

 

 

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1Partnership Fund.
2    On September 1, 2021, or as soon thereafter as may be
3reasonably practicable, the State Comptroller shall certify
4and the State Treasurer shall transfer all unobligated moneys
5in the Federal Workforce Training Fund to the Title III Social
6Security and Employment Fund. The moneys transferred pursuant
7to this paragraph may be used for purposes consistent with the
8conditions under which those moneys were received by the State.
9    On and after January 1, 2022 all moneys that would
10otherwise be deposited into the Federal Workforce Training Fund
11shall be deposited into the Title III Social Security and
12Employment Fund, to be used for purposes consistent with the
13conditions under which those moneys were received by the State,
14except that any moneys that may be necessary to pay liabilities
15outstanding as of January 1, 2022 that would otherwise be
16payable from the Federal Workforce Training Fund shall be
17deposited into the Federal Workforce Training Fund.
18(Source: P.A. 97-791, eff. 1-1-13.)
 
19    (20 ILCS 605/605-750 rep.)
20    Section 150-45. The Department of Commerce and Economic
21Opportunity Law of the Civil Administrative Code of Illinois is
22amended by repealing Section 605-750.
 
23    Section 150-97. Severability. The provisions of this Act
24are severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1
Article 155.

 
2    Section 155-5. The School Code is amended by changing
3Section 21B-70 as follows:
 
4    (105 ILCS 5/21B-70)
5    Sec. 21B-70. Illinois Teaching Excellence Program.
6    (a) As used in this Section:
7    "Diverse candidate" means a candidate who identifies with
8any of the ethnicities reported on the Illinois Report Card
9other than White.
10    "National Board certified teacher candidate cohort
11facilitator" means a National Board certified teacher who
12collaborates to advance the goal of supporting all other
13candidate cohorts other than diverse candidate cohorts through
14the Illinois National Board for Professional Teaching
15Standards Comprehensive Support System.
16    "National Board certified teacher diverse candidate cohort
17facilitator" means a National Board certified teacher who
18collaborates to advance the goal of supporting racially and
19ethnically diverse candidates through the Illinois National
20Board for Professional Teaching Standards Comprehensive
21Support System.
22    "National Board certified teacher diverse liaison" means
23an individual or entity that supports the National Board

 

 

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1certified teacher leading a diverse candidate cohort.
2    "National Board certified teacher liaison" means an
3individual or entity that supports the National Board certified
4teacher leading candidate cohorts other than diverse candidate
5cohorts.
6    "National Board certified teacher rural or remote or
7distant candidate cohort facilitator" means a National Board
8certified teacher who collaborates to advance the goal of
9supporting rural or remote candidates through the Illinois
10National Board for Professional Teaching Standards
11Comprehensive Support System.
12    "National Board certified teacher rural or remote or
13distant liaison" means an individual or entity that who
14supports the National Board certified teacher leading a rural
15or remote candidate cohort.
16    "Qualified educator" means a teacher or school counselor
17currently employed in a school district who is in the process
18of obtaining certification through the National Board for
19Professional Teaching Standards or who has completed
20certification and holds a current Professional Educator
21License with a National Board for Professional Teaching
22Standards designation or a retired teacher or school counselor
23who holds a Professional Educator License with a National Board
24for Professional Teaching Standards designation.
25    "Rural or remote" or "rural or remote or distant" means
26local codes 32, 33, 41, 42, and 43 of the New Urban-Centric

 

 

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1Locale Codes, as defined by the National Center for Education
2Statistics.
3    "Tier 1" has the meaning given to that term under Section
418-8.15.
5    "Tier 2" has the meaning given to that term under Section
618-8.15.
7    (b) Any funds appropriated for the Illinois Teaching
8Excellence Program must be used to provide monetary assistance
9and incentives for qualified educators who are employed by or
10retired from school districts and who have or are in the
11process of obtaining licensure through the National Board for
12Professional Teaching Standards. The goal of the program is to
13improve instruction and student performance.
14    The State Board of Education shall allocate an amount as
15annually appropriated by the General Assembly for the Illinois
16Teaching Excellence Program for (i) application or re-take fees
17for each qualified educator seeking to complete certification
18through the National Board for Professional Teaching
19Standards, to be paid directly to the National Board for
20Professional Teaching Standards, and (ii) incentives under
21paragraphs (1), (2), and (3) of subsection (c) for each
22qualified educator, to be distributed to the respective school
23district, and incentives under paragraph (5) of subsection (c),
24to be distributed to the respective school district or directly
25to the qualified educator. The school district shall distribute
26this payment to each eligible teacher or school counselor as a

 

 

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1single payment.
2    The State Board of Education's annual budget must set out
3by separate line item the appropriation for the program. Unless
4otherwise provided by appropriation, qualified educators are
5eligible for monetary assistance and incentives outlined in
6subsections (c) and (d) of this Section.
7    (c) When there are adequate funds available, monetary
8assistance and incentives shall include the following:
9        (1) A maximum of $2,000 towards the application or
10    re-take fee for teachers or school counselors in a Tier 1
11    school district who apply on a first-come, first-serve
12    basis for National Board certification.
13        (2) A maximum of $2,000 towards the application or
14    re-take fee for teachers or school counselors in a school
15    district other than a Tier 1 school district who apply on a
16    first-come, first-serve basis for National Board
17    certification.
18        (3) A maximum of $1,000 towards the National Board for
19    Professional Teaching Standards' renewal application fee.
20        (4) (Blank).
21        (5) An annual incentive of no more than equal to $1,500
22    prorated at $50 per hour, which shall be paid to each
23    qualified educator currently employed in a school district
24    who holds both a National Board for Professional Teaching
25    Standards designation and a current corresponding
26    certificate issued by the National Board for Professional

 

 

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1    Teaching Standards and who agrees, in writing, to provide
2    up to at least 30 hours of mentoring or National Board for
3    Professional Teaching Standards professional development
4    or both during the school year to classroom teachers or
5    school counselors, as applicable. Funds must be disbursed
6    on a first-come, first-serve basis, with priority given to
7    Tier 1 school districts. Mentoring shall include, either
8    singly or in combination, the following:
9            (A) National Board for Professional Teaching
10        Standards certification candidates.
11            (B) National Board for Professional Teaching
12        Standards re-take candidates.
13            (C) National Board for Professional Teaching
14        Standards renewal candidates.
15            (D) (Blank).
16    Funds may also be used for instructional leadership
17training for qualified educators interested in supporting
18implementation of the Illinois Learning Standards or teaching
19and learning priorities of the State Board of Education or
20both.
21    (d) In addition to the monetary assistance and incentives
22provided under subsection (c), if adequate funds are available,
23incentives shall include the following incentives for the
24program in rural or remote schools or school districts or for
25programs working with diverse candidates, to be distributed to
26the respective school district or directly to the qualified

 

 

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1educator or entity:
2        (1) A one-time incentive of $3,000 payable to National
3    Board certified teachers teaching in Tier 1 or Tier 2 rural
4    or remote school districts or rural or remote schools in
5    Tier 1 or Tier 2 school districts, with priority given to
6    teachers teaching in Tier 1 rural or remote school
7    districts or rural or remote schools in Tier 1 school
8    districts.
9        (2) An annual incentive of $3,200 for National Board
10    certified teacher rural or remote or distant candidate
11    cohort facilitators, diverse candidate cohort
12    facilitators, and candidate cohort facilitators. Priority
13    shall be given to rural or remote candidate cohort
14    facilitators and diverse candidate cohort facilitators.
15        (3) An annual incentive of $2,500 for National Board
16    certified teacher rural or remote or distant liaisons,
17    diverse liaisons, and liaisons. Priority shall be given to
18    rural or remote liaisons and diverse liaisons.
19(Source: P.A. 100-201, eff. 8-18-17; 101-333, eff. 1-1-20.)
 
20
Article 160.

 
21    Section 160-1. Short title. This Act may be cited as the
22Developmental Education Reform Act.
 
23    Section 160-5. Findings. The General Assembly makes all of

 

 

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1the following findings:
2        (1) Nearly 50% of this State's high school graduates
3    who enroll full-time in a community college are placed in
4    developmental education coursework in at least one
5    subject. Community colleges place nearly 71% of Black
6    students in developmental education courses compared to
7    42% of white students.
8        (2) Traditional developmental education courses cost
9    students' time and money and expend their financial aid
10    because a student does not receive college credit for the
11    successful completion of a traditional developmental
12    education course. This can be a barrier to enrollment,
13    persistence, and certificate or degree completion.
14        (3) Developmental education courses can exacerbate
15    inequities in higher education. Community colleges
16    graduate Black students who are placed in developmental
17    education courses at a rate of approximately 8% compared to
18    a graduation rate of 26% for white students who are placed
19    in developmental education courses.
20        (4) A history of inconsistent and inadequate
21    approaches to student placement in community college
22    coursework, such as the reliance on standardized test
23    scores, has resulted in too many students being placed in
24    developmental education coursework who could otherwise
25    succeed in introductory college-level coursework or
26    introductory college-level coursework with concurrent

 

 

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1    support.
2        (5) Public institutions of higher education and State
3    agencies have undertaken voluntary efforts and committed
4    resources to improve placement and to address disparities
5    in the successful completion of introductory college-level
6    coursework.
7        (6) The Illinois Council of Community College
8    Presidents, the Illinois Community College Chief Academic
9    Officers Commission, the Illinois Community College Chief
10    Student Services Officers Commission, and the Illinois
11    Mathematics Association of Community Colleges have already
12    developed and approved a more equitable, multiple measures
13    framework for placement in coursework that is currently
14    implemented at many but not all community colleges.
15        (7) In 2019, members of the General Assembly, faculty
16    and administrators from public institutions of higher
17    education, board trustees from community college
18    districts, representatives from the Board of Higher
19    Education, the Illinois Community College Board, and other
20    appointed stakeholders convened a task force to inventory
21    and study developmental education models employed by
22    public community colleges and universities in this State
23    and to submit a detailed plan for scaling developmental
24    education reforms in which all students who are placed in
25    developmental education coursework are enrolled in an
26    evidence-based developmental education model that

 

 

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1    maximizes a student's likelihood of completing an
2    introductory college-level course within his or her first 2
3    semesters at an institution of higher education. The data
4    released by the task force indicates all of the following:
5            (A) Despite more effective developmental education
6        models, community colleges and universities use the
7        traditional developmental education model for 77% of
8        students who place in a developmental education
9        mathematics course and for 67% of students who place in
10        a developmental English language course.
11            (B) In a 2017 cohort study, only 25% of the
12        students who were placed in traditional developmental
13        education mathematics courses and only 42% of students
14        who were placed in traditional developmental English
15        language courses completed the developmental education
16        courses and introductory college-level courses with a
17        grade of "C" or better within 2 years compared to the
18        completion rate of 65% of students who were placed
19        directly in introductory college-level mathematics
20        courses with concurrent support and 75% of students who
21        were placed directly in introductory college-level
22        English language courses with concurrent support.
23            (C) Improved policies, programs, and practices are
24        essential to address the systemic inequities that
25        exist in postsecondary education in this State, such as
26        the disproportionate enrollment of Black students in

 

 

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1        developmental education courses.
 
2    Section 160-10. Definitions. In this Act:
3    "College-level English language or mathematics course" or
4"college-level English language or mathematics coursework"
5means a course that bears credit and fulfills English language
6or mathematics credit requirements for a baccalaureate degree,
7a certificate, or an associate degree from a postsecondary
8educational institution.
9    "Community college" means a public community college in
10this State.
11    "Developmental education" means instruction through which
12a high school graduate who applies to a college credit program
13may attain the communication and computation skills necessary
14to successfully complete college-level coursework.
15    "Developmental education course" or "developmental
16education coursework" means a course or a category of courses
17in which students are placed based on an institution's finding
18that a student does not have the proficiency necessary to
19succeed in an introductory college-level English language or
20mathematics course.
21    "Institution of higher education" or "institution" means a
22public community college or university in this State.
23    "University" means a public university in this State.
 
24    Section 160-15. Placement measures.

 

 

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1    (a) On or before May 1, 2022, a community college shall use
2each of the following measures, as appropriate, to determine
3the placement of a student in introductory college-level
4English language or mathematics coursework and shall use the
5scores set forth in recommendations approved by the Illinois
6Council of Community College Presidents on June 1, 2018:
7        (1) A student's cumulative high school grade point
8    average.
9        (2) A student's successful completion of an
10    appropriate high school transition course in mathematics
11    or English.
12        (3) A student's successful completion of an
13    appropriate developmental education or introductory
14    college-level English language or mathematics course at
15    another regionally accredited postsecondary educational
16    institution.
17    (b) In determining the placement of a student in
18introductory college-level English language or mathematics
19coursework, a community college shall consider the
20standardized test scores provided by the student for placement
21in an introductory college-level English language or
22mathematics course.
23    In addition, a community college is encouraged to use the
24scores set forth in recommendations approved by the Illinois
25Council of Community College Presidents on June 1, 2018 and
26should also consider other individual measures for placement in

 

 

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1an introductory college-level English language or mathematics
2course, as set forth in recommendations approved by the
3Illinois Council of Community College Presidents on June 1,
42018, and the scores set forth in those recommendations.
5    In its discretion, a community college may accept a lower
6score on individual placement measures or accept lower scores
7in combination with other placement measures than those set
8forth in the recommendations.
9    (c) If a student qualifies for placement in an introductory
10college-level English language or mathematics course using a
11single measure under subsection (a) or (b), no additional
12measures need to be considered for placement of the student in
13the introductory college-level English language or mathematics
14course.
 
15    Section 160-20. Recommendations of Illinois Council of
16Community College Presidents; revisions. If the Illinois
17Council of Community College Presidents approves any revised
18recommendations for determining the placement of students in
19introductory college-level English language or mathematics
20courses in response to changes in scoring systems, the
21introduction and use of additional measures, or evidence that
22demonstrates the inaccuracy in the use of scores in previous
23recommendations, then, within one year after the date of the
24adoption of those revised recommendations, references in this
25Act to recommendations approved by the Illinois Council of

 

 

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1Community College Presidents on June 1, 2018 shall mean the
2revised recommendations. The General Assembly may request that
3the Illinois Council of Community College Presidents provide to
4the General Assembly the rationale and supporting evidence for
5any revision to the Council's recommendations.
 
6    Section 160-25. Placement policy; report.
7    (a) Each institution of higher education shall publicly
8post its placement policy in a manner that is easily accessible
9to both students and prospective students.
10    (b) On or before July 1, 2023, the Illinois Community
11College Board shall issue a report, which shall be made
12available to the public on its Internet website, concerning
13each community college's developmental education and
14college-level coursework placement policy and the policy's
15outcomes. The data disclosed in the report must be consistent
16with the Illinois Community College Board's requirements for
17data collection and must be disaggregated by developmental
18education course model, as defined by the Illinois Community
19College Board, and by gender, race and ethnicity, and federal
20Pell Grant status.
 
21    Section 160-30. Institutional plans; report.
22    (a) On or before January 1, 2022, each university shall
23submit to the Board of Higher Education and each community
24college shall submit to the Illinois Community College Board

 

 

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1its institutional plan for scaling evidence-based
2developmental education reforms to maximize the probability
3that a student will be placed in and successfully complete
4introductory college-level English language or mathematics
5coursework within 2 semesters at the institution. At a minimum,
6a plan submitted by an institution shall include all of the
7following:
8        (1) A description of the current developmental
9    education models offered by the institution. If the
10    institution does not currently offer developmental
11    education coursework, it must provide details regarding
12    its decision not to offer developmental education
13    coursework and the pathways that are available to students
14    deemed to be insufficiently prepared for introductory
15    college-level English language or mathematics coursework.
16        (2) A description of the developmental education
17    models that will be implemented and scaled and the basis of
18    the evidence and associated data that the institution
19    considered in making the decision to scale each model.
20        (3) Baseline data and benchmarks for progress,
21    including, but not limited to, (i) enrollment in
22    credit-bearing English language or mathematics courses,
23    (ii) rates of successful completion of introductory
24    college-level English language or mathematics courses, and
25    (iii) college-credit accumulation.
26        (4) Detailed plans for scaling reforms and improving

 

 

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1    outcomes for all students placed in traditional
2    developmental education models or models with comparable
3    introductory college-level course completion rates. The
4    plan shall provide details about the expected improvements
5    in educational outcomes for Black students as result of the
6    proposed reforms.
7    (b) On or before January 1, 2023 and each year thereafter,
8the Board of Higher Education and Illinois Community College
9Board shall collect data and report to the General Assembly and
10the public the status of developmental education reforms at
11institutions. The report must include data on the progress of
12the developmental education reforms, including, but not
13limited to, (i) enrollment in credit-bearing English language
14or mathematics courses, (ii) rates of successful completion of
15introductory college-level English language or mathematics
16courses, and (iii) college-credit accumulation. The data must
17be disaggregated by gender, race and ethnicity, federal Pell
18Grant status, and other variables of interest to the Board of
19Higher Education and the Illinois Community College Board.
20    (c) On or before January 1, 2024 and each year thereafter,
21the Board of Higher Education and Illinois Community College
22Board, in consultation with institutions of higher education
23and other stakeholders, shall consider additional data
24reporting requirements to facilitate the rigorous and
25continuous evaluation of each institution's implementation
26plan and its impact on improving outcomes for students in

 

 

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1developmental education, particularly for Black students.
 
2    Section 160-90. Family Educational Rights and Privacy Act
3of 1974. Nothing in this Act supersedes the federal Family
4Educational Rights and Privacy Act of 1974 or rules adopted
5pursuant to the federal Family Educational Rights and Privacy
6Act of 1974.
 
7
Article 999.

 
8    Section 999-999. Effective date. This Act takes effect upon
9becoming law.".