Rep. William Davis

Filed: 5/20/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1569

2    AMENDMENT NO. ______. Amend Senate Bill 1569, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Sections
61H-115, 2-3.64a-5, 2-3.71, 10-19, 10-19.05, 10-20.56, 17-2.11,
717-2A, 18-8.15, 21B-45, 24-11, 24-12, 24A-5, 27-3, 27-6.5,
827-8.1, 27-21, 27-22, 34-2.1, and 34-2.2 and by adding Sections
910-30, 21B-110, 21B-115, 22-89, and 34-18.66 as follows:
 
10    (105 ILCS 5/1H-115)
11    Sec. 1H-115. Abolition of Panel.
12    (a) Except as provided in subsections (b), (c), and (d),
13and (e) of this Section, the Panel shall be abolished 10 years
14after its creation.
15    (b) The State Board, upon recommendation of the Panel or
16petition of the school board, may abolish the Panel at any time

 

 

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1after the Panel has been in existence for 3 years if no
2obligations of the Panel are outstanding or remain undefeased
3and upon investigation and finding that:
4        (1) none of the factors specified in Section 1A-8 of
5    this Code remain applicable to the district; and
6        (2) there has been substantial achievement of the goals
7    and objectives established pursuant to the financial plan
8    and required under Section 1H-15 of this Code.
9    (c) The Panel of a district that otherwise meets all of the
10requirements for abolition of a Panel under subsection (b) of
11this Section, except for the fact that there are outstanding
12financial obligations of the Panel, may petition the State
13Board for reinstatement of all of the school board's powers and
14duties assumed by the Panel; and if approved by the State
15Board, then:
16        (1) the Panel shall continue in operation, but its
17    powers and duties shall be limited to those necessary to
18    manage and administer its outstanding obligations;
19        (2) the school board shall once again begin exercising
20    all of the powers and duties otherwise allowed by statute;
21    and
22        (3) the Panel shall be abolished as provided in
23    subsection (a) of this Section.
24    (d) If the Panel of a district otherwise meets all of the
25requirements for abolition of a Panel under subsection (b) of
26this Section, except for outstanding obligations of the Panel,

 

 

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1then the district may petition the State Board for abolition of
2the Panel if the district:
3        (1) establishes an irrevocable trust fund, the purpose
4    of which is to provide moneys to defease the outstanding
5    obligations of the Panel; and
6        (2) issues funding bonds pursuant to the provisions of
7    Sections 19-8 and 19-9 of this Code.
8    A district with a Panel that falls under this subsection
9(d) shall be abolished as provided in subsection (a) of this
10Section.
11    (e) The duration of a Panel may be continued for more than
1210 years after the date of its creation if the State Board
13extends the Panel's duration under paragraph (3) of subsection
14(e) of Section 18-8.15 of this Code.
15(Source: P.A. 97-429, eff. 8-16-11; 98-463, eff. 8-16-13.)
 
16    (105 ILCS 5/2-3.64a-5)
17    Sec. 2-3.64a-5. State goals and assessment.
18    (a) For the assessment and accountability purposes of this
19Section, "students" includes those students enrolled in a
20public or State-operated elementary school, secondary school,
21or cooperative or joint agreement with a governing body or
22board of control, a charter school operating in compliance with
23the Charter Schools Law, a school operated by a regional office
24of education under Section 13A-3 of this Code, or a public
25school administered by a local public agency or the Department

 

 

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

 

 

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1Board of Higher Education Act, for the purpose of student
2application or admissions consideration. The assessment
3administered by the State Board of Education for the purpose of
4student application to or admissions consideration by
5institutions of higher education must be administered on a
6school day during regular student attendance hours.
7    Students who do not take the State's final accountability
8assessment or its approved alternate assessment may not receive
9a regular high school diploma unless the student is exempted
10from taking the State assessments under subsection (d) of this
11Section because the student is enrolled in a program of adult
12and continuing education, as defined in the Adult Education
13Act, or the student is identified by the State Board of
14Education, through rules, as being exempt from the assessment.
15    The State Board of Education shall not assess students
16under this Section in subjects not required by this Section.
17    Districts shall inform their students of the timelines and
18procedures applicable to their participation in every yearly
19administration of the State assessments. The State Board of
20Education shall establish periods of time in each school year
21during which State assessments shall occur to meet the
22objectives of this Section.
23    The requirements of this subsection do not apply if the
24State Board of Education has received a waiver from the
25administration of assessments from the U.S. Department of
26Education.

 

 

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1    (d) Every individualized educational program as described
2in Article 14 shall identify if the State assessment or
3components thereof require accommodation for the student. The
4State Board of Education shall develop rules governing the
5administration of an alternate assessment that may be available
6to students for whom participation in this State's regular
7assessments is not appropriate, even with accommodations as
8allowed under this Section.
9    Students receiving special education services whose
10individualized educational programs identify them as eligible
11for the alternative State assessments nevertheless shall have
12the option of also taking this State's regular final
13accountability assessment, which shall be administered in
14accordance with the eligible accommodations appropriate for
15meeting these students' respective needs.
16    All students determined to be English learners shall
17participate in the State assessments. The scores of those
18students who have been enrolled in schools in the United States
19for less than 12 months may not be used for the purposes of
20accountability. Any student determined to be an English learner
21shall receive appropriate assessment accommodations, including
22language supports, which shall be established by rule. Approved
23assessment accommodations must be provided until the student's
24English language skills develop to the extent that the student
25is no longer considered to be an English learner, as
26demonstrated through a State-identified English language

 

 

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1proficiency assessment.
2    (e) The results or scores of each assessment taken under
3this Section shall be made available to the parents of each
4student.
5    In each school year, the scores attained by a student on
6the final accountability assessment must be placed in the
7student's permanent record pursuant to rules that the State
8Board of Education shall adopt for that purpose in accordance
9with Section 3 of the Illinois School Student Records Act. In
10each school year, the scores attained by a student on the State
11assessments administered in grades 3 through 8 must be placed
12in the student's temporary record.
13    (f) All schools shall administer the State's academic
14assessment of English language proficiency to all children
15determined to be English learners.
16    (g) All schools in this State that are part of the sample
17drawn by the National Center for Education Statistics, in
18collaboration with their school districts and the State Board
19of Education, shall administer the academic assessments under
20the National Assessment of Educational Progress carried out
21under Section 411(b)(2) of the federal National Education
22Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
23of Education pays the costs of administering the assessments.
24    (h) (Blank).
25    (i) For the purposes of this subsection (i), "academically
26based assessments" means assessments consisting of questions

 

 

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1and answers that are measurable and quantifiable to measure the
2knowledge, skills, and ability of students in the subject
3matters covered by the assessments. All assessments
4administered pursuant to this Section must be academically
5based assessments. The scoring of academically based
6assessments shall be reliable, valid, and fair and shall meet
7the guidelines for assessment development and use prescribed by
8the American Psychological Association, the National Council
9on Measurement in Education, and the American Educational
10Research Association.
11    The State Board of Education shall review the use of all
12assessment item types in order to ensure that they are valid
13and reliable indicators of student performance aligned to the
14learning standards being assessed and that the development,
15administration, and scoring of these item types are justifiable
16in terms of cost.
17    (j) The State Superintendent of Education shall appoint a
18committee of no more than 21 members, consisting of parents,
19teachers, school administrators, school board members,
20assessment experts, regional superintendents of schools, and
21citizens, to review the State assessments administered by the
22State Board of Education. The Committee shall select one of its
23members as its chairperson. The Committee shall meet on an
24ongoing basis to review the content and design of the
25assessments (including whether the requirements of subsection
26(i) of this Section have been met), the time and money expended

 

 

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1at the local and State levels to prepare for and administer the
2assessments, the collective results of the assessments as
3measured against the stated purpose of assessing student
4performance, and other issues involving the assessments
5identified by the Committee. The Committee shall make periodic
6recommendations to the State Superintendent of Education and
7the General Assembly concerning the assessments.
8    (k) The State Board of Education may adopt rules to
9implement this Section.
10(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
11eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
12100-863, eff. 8-14-18; 100-1046, eff. 8-23-18.)
 
13    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
14    Sec. 2-3.71. Grants for preschool educational programs.
15    (a) Preschool program.
16        (1) The State Board of Education shall implement and
17    administer a grant program under the provisions of this
18    subsection which shall consist of grants to public school
19    districts and other eligible entities, as defined by the
20    State Board of Education, to conduct voluntary preschool
21    educational programs for children ages 3 to 5 which include
22    a parent education component. A public school district
23    which receives grants under this subsection may
24    subcontract with other entities that are eligible to
25    conduct a preschool educational program. These grants must

 

 

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1    be used to supplement, not supplant, funds received from
2    any other source.
3        (2) (Blank).
4        (3) Except as otherwise provided under this subsection
5    (a), any teacher of preschool children in the program
6    authorized by this subsection shall hold a Professional
7    Educator License with an early childhood education
8    endorsement.
9        (3.5) Beginning with the 2018-2019 school year and
10    until the 2023-2024 school year, an individual may teach
11    preschool children in an early childhood program under this
12    Section if he or she holds a Professional Educator License
13    with an early childhood education endorsement or with
14    short-term approval for early childhood education or he or
15    she pursues a Professional Educator License and holds any
16    of the following:
17            (A) An ECE Credential Level of 5 awarded by the
18        Department of Human Services under the Gateways to
19        Opportunity Program developed under Section 10-70 of
20        the Department of Human Services Act.
21            (B) An Educator License with Stipulations with a
22        transitional bilingual educator endorsement and he or
23        she has (i) passed an early childhood education content
24        test or (ii) completed no less than 9 semester hours of
25        postsecondary coursework in the area of early
26        childhood education.

 

 

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1        (4) (Blank).
2        (4.5) The State Board of Education shall provide the
3    primary source of funding through appropriations for the
4    program. Such funds shall be distributed to achieve a goal
5    of "Preschool for All Children" for the benefit of all
6    children whose families choose to participate in the
7    program. Based on available appropriations, newly funded
8    programs shall be selected through a process giving first
9    priority to qualified programs serving primarily at-risk
10    children and second priority to qualified programs serving
11    primarily children with a family income of less than 4
12    times the poverty guidelines updated periodically in the
13    Federal Register by the U.S. Department of Health and Human
14    Services under the authority of 42 U.S.C. 9902(2). For
15    purposes of this paragraph (4.5), at-risk children are
16    those who because of their home and community environment
17    are subject to such language, cultural, economic and like
18    disadvantages to cause them to have been determined as a
19    result of screening procedures to be at risk of academic
20    failure. Such screening procedures shall be based on
21    criteria established by the State Board of Education.
22        Except as otherwise provided in this paragraph (4.5),
23    grantees under the program must enter into a memorandum of
24    understanding with the appropriate local Head Start
25    agency. This memorandum must be entered into no later than
26    3 months after the award of a grantee's grant under the

 

 

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1    program, except that, in the case of the 2009-2010 program
2    year, the memorandum must be entered into no later than the
3    deadline set by the State Board of Education for
4    applications to participate in the program in fiscal year
5    2011, and must address collaboration between the grantee's
6    program and the local Head Start agency on certain issues,
7    which shall include without limitation the following:
8            (A) educational activities, curricular objectives,
9        and instruction;
10            (B) public information dissemination and access to
11        programs for families contacting programs;
12            (C) service areas;
13            (D) selection priorities for eligible children to
14        be served by programs;
15            (E) maximizing the impact of federal and State
16        funding to benefit young children;
17            (F) staff training, including opportunities for
18        joint staff training;
19            (G) technical assistance;
20            (H) communication and parent outreach for smooth
21        transitions to kindergarten;
22            (I) provision and use of facilities,
23        transportation, and other program elements;
24            (J) facilitating each program's fulfillment of its
25        statutory and regulatory requirements;
26            (K) improving local planning and collaboration;

 

 

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1        and
2            (L) providing comprehensive services for the
3        neediest Illinois children and families.
4    If the appropriate local Head Start agency is unable or
5    unwilling to enter into a memorandum of understanding as
6    required under this paragraph (4.5), the memorandum of
7    understanding requirement shall not apply and the grantee
8    under the program must notify the State Board of Education
9    in writing of the Head Start agency's inability or
10    unwillingness. The State Board of Education shall compile
11    all such written notices and make them available to the
12    public.
13        (5) The State Board of Education shall develop and
14    provide evaluation tools, including tests, that school
15    districts and other eligible entities may use to evaluate
16    children for school readiness prior to age 5. The State
17    Board of Education shall require school districts and other
18    eligible entities to obtain consent from the parents or
19    guardians of children before any evaluations are
20    conducted. The State Board of Education shall encourage
21    local school districts and other eligible entities to
22    evaluate the population of preschool children in their
23    communities and provide preschool programs, pursuant to
24    this subsection, where appropriate.
25        (6) The State Board of Education shall report to the
26    General Assembly by November 1, 2018 and every 2 years

 

 

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1    thereafter on the results and progress of students who were
2    enrolled in preschool educational programs, including an
3    assessment of which programs have been most successful in
4    promoting academic excellence and alleviating academic
5    failure. The State Board of Education shall assess the
6    academic progress of all students who have been enrolled in
7    preschool educational programs.
8        On or before November 1 of each fiscal year in which
9    the General Assembly provides funding for new programs
10    under paragraph (4.5) of this Section, the State Board of
11    Education shall report to the General Assembly on what
12    percentage of new funding was provided to programs serving
13    primarily at-risk children, what percentage of new funding
14    was provided to programs serving primarily children with a
15    family income of less than 4 times the federal poverty
16    level, and what percentage of new funding was provided to
17    other programs.
18        (7) Due to evidence that expulsion practices in the
19    preschool years are linked to poor child outcomes and are
20    employed inconsistently across racial and gender groups,
21    early childhood programs receiving State funds under this
22    subsection (a) shall prohibit expulsions. Planned
23    transitions to settings that are able to better meet a
24    child's needs are not considered expulsion under this
25    paragraph (7).
26            (A) When persistent and serious challenging

 

 

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1        behaviors emerge, the early childhood program shall
2        document steps taken to ensure that the child can
3        participate safely in the program; including
4        observations of initial and ongoing challenging
5        behaviors, strategies for remediation and intervention
6        plans to address the behaviors, and communication with
7        the parent or legal guardian, including participation
8        of the parent or legal guardian in planning and
9        decision-making.
10            (B) The early childhood program shall, with
11        parental or legal guardian consent as required,
12        utilize a range of community resources, if available
13        and deemed necessary, including, but not limited to,
14        developmental screenings, referrals to programs and
15        services administered by a local educational agency or
16        early intervention agency under Parts B and C of the
17        federal Individual with Disabilities Education Act,
18        and consultation with infant and early childhood
19        mental health consultants and the child's health care
20        provider. The program shall document attempts to
21        engage these resources, including parent or legal
22        guardian participation and consent attempted and
23        obtained. Communication with the parent or legal
24        guardian shall take place in a culturally and
25        linguistically competent manner.
26            (C) If there is documented evidence that all

 

 

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1        available interventions and supports recommended by a
2        qualified professional have been exhausted and the
3        program determines in its professional judgment that
4        transitioning a child to another program is necessary
5        for the well-being of the child or his or her peers and
6        staff, with parent or legal guardian permission, both
7        the current and pending programs shall create a
8        transition plan designed to ensure continuity of
9        services and the comprehensive development of the
10        child. Communication with families shall occur in a
11        culturally and linguistically competent manner.
12            (D) Nothing in this paragraph (7) shall preclude a
13        parent's or legal guardian's right to voluntarily
14        withdraw his or her child from an early childhood
15        program. Early childhood programs shall request and
16        keep on file, when received, a written statement from
17        the parent or legal guardian stating the reason for his
18        or her decision to withdraw his or her child.
19            (E) In the case of the determination of a serious
20        safety threat to a child or others or in the case of
21        behaviors listed in subsection (d) of Section 10-22.6
22        of this Code, the temporary removal of a child from
23        attendance in group settings may be used. Temporary
24        removal of a child from attendance in a group setting
25        shall trigger the process detailed in subparagraphs
26        (A), (B), and (C) of this paragraph (7), with the child

 

 

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1        placed back in a group setting as quickly as possible.
2            (F) Early childhood programs may utilize and the
3        State Board of Education, the Department of Human
4        Services, and the Department of Children and Family
5        Services shall recommend training, technical support,
6        and professional development resources to improve the
7        ability of teachers, administrators, program
8        directors, and other staff to promote social-emotional
9        development and behavioral health, to address
10        challenging behaviors, and to understand trauma and
11        trauma-informed care, cultural competence, family
12        engagement with diverse populations, the impact of
13        implicit bias on adult behavior, and the use of
14        reflective practice techniques. Support shall include
15        the availability of resources to contract with infant
16        and early childhood mental health consultants.
17            (G) Beginning on July 1, 2018, early childhood
18        programs shall annually report to the State Board of
19        Education, and, beginning in fiscal year 2020, the
20        State Board of Education shall make available on a
21        biennial basis, in an existing report, all of the
22        following data for children from birth to age 5 who are
23        served by the program:
24                (i) Total number served over the course of the
25            program year and the total number of children who
26            left the program during the program year.

 

 

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1                (ii) Number of planned transitions to another
2            program due to children's behavior, by children's
3            race, gender, disability, language, class/group
4            size, teacher-child ratio, and length of program
5            day.
6                (iii) Number of temporary removals of a child
7            from attendance in group settings due to a serious
8            safety threat under subparagraph (E) of this
9            paragraph (7), by children's race, gender,
10            disability, language, class/group size,
11            teacher-child ratio, and length of program day.
12                (iv) Hours of infant and early childhood
13            mental health consultant contact with program
14            leaders, staff, and families over the program
15            year.
16            (H) Changes to services for children with an
17        individualized education program or individual family
18        service plan shall be construed in a manner consistent
19        with the federal Individuals with Disabilities
20        Education Act.
21        The State Board of Education, in consultation with the
22    Governor's Office of Early Childhood Development and the
23    Department of Children and Family Services, shall adopt
24    rules to administer this paragraph (7).
25    (b) (Blank).
26    (c) Notwithstanding any other provisions of this Section,

 

 

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1grantees may serve children ages 0 to 12 of essential workers
2if the Governor has declared a disaster due to a public health
3emergency pursuant to Section 7 of the Illinois Emergency
4Management Agency Act. For the purposes of this subsection,
5essential workers include those outlined in Executive Order
620-8 and school employees. The State Board of Education shall
7adopt rules to administer this subsection.
8(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18.)
 
9    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
10    Sec. 10-19. Length of school term - experimental programs.
11Each school board shall annually prepare a calendar for the
12school term, specifying the opening and closing dates and
13providing a minimum term of at least 185 days to insure 176
14days of actual pupil attendance, computable under Section
1510-19.05, except that for the 1980-1981 school year only 175
16days of actual pupil attendance shall be required because of
17the closing of schools pursuant to Section 24-2 on January 29,
181981 upon the appointment by the President of that day as a day
19of thanksgiving for the freedom of the Americans who had been
20held hostage in Iran. Any days allowed by law for teachers'
21institutes but not used as such or used as parental institutes
22as provided in Section 10-22.18d shall increase the minimum
23term by the school days not so used. Except as provided in
24Section 10-19.1, the board may not extend the school term
25beyond such closing date unless that extension of term is

 

 

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1necessary to provide the minimum number of computable days. In
2case of such necessary extension school employees shall be paid
3for such additional time on the basis of their regular
4contracts. A school board may specify a closing date earlier
5than that set on the annual calendar when the schools of the
6district have provided the minimum number of computable days
7under this Section. Nothing in this Section prevents the board
8from employing superintendents of schools, principals and
9other nonteaching personnel for a period of 12 months, or in
10the case of superintendents for a period in accordance with
11Section 10-23.8, or prevents the board from employing other
12personnel before or after the regular school term with payment
13of salary proportionate to that received for comparable work
14during the school term. Remote learning days and up to 5 remote
15learning planning days established under Section 10-30 shall be
16deemed pupil attendance days for calculation of the length of a
17school term under this Section.
18    A school board may make such changes in its calendar for
19the school term as may be required by any changes in the legal
20school holidays prescribed in Section 24-2. A school board may
21make changes in its calendar for the school term as may be
22necessary to reflect the utilization of teachers' institute
23days as parental institute days as provided in Section
2410-22.18d.
25    The calendar for the school term and any changes must be
26submitted to and approved by the regional superintendent of

 

 

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1schools before the calendar or changes may take effect.
2    With the prior approval of the State Board of Education and
3subject to review by the State Board of Education every 3
4years, any school board may, by resolution of its board and in
5agreement with affected exclusive collective bargaining
6agents, establish experimental educational programs, including
7but not limited to programs for e-learning days as authorized
8under Section 10-20.56 of this Code, self-directed learning, or
9outside of formal class periods, which programs when so
10approved shall be considered to comply with the requirements of
11this Section as respects numbers of days of actual pupil
12attendance and with the other requirements of this Act as
13respects courses of instruction.
14(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
 
15    (105 ILCS 5/10-19.05)
16    Sec. 10-19.05. Daily pupil attendance calculation.
17    (a) Except as otherwise provided in this Section, for a
18pupil of legal school age and in kindergarten or any of grades
191 through 12, a day of attendance shall be counted only for
20sessions of not less than 5 clock hours of school work per day
21under direct supervision of (i) teachers or (ii) non-teaching
22personnel or volunteer personnel when engaging in non-teaching
23duties and supervising in those instances specified in
24subsection (a) of Section 10-22.34 and paragraph 10 of Section
2534-18. Days of attendance by pupils through verified

 

 

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1participation in an e-learning program adopted by a school
2board and verified by the regional office of education or
3intermediate service center for the school district under
4Section 10-20.56 of this Code shall be considered as full days
5of attendance under this Section.
6    (b) A pupil regularly enrolled in a public school for only
7a part of the school day may be counted on the basis of
8one-sixth of a school day for every class hour of instruction
9of 40 minutes or more attended pursuant to such enrollment,
10unless a pupil is enrolled in a block-schedule format of 80
11minutes or more of instruction, in which case the pupil may be
12counted on the basis of the proportion of minutes of school
13work completed each day to the minimum number of minutes that
14school work is required to be held that day.
15    (c) A session of 4 or more clock hours may be counted as a
16day of attendance upon certification by the regional
17superintendent of schools and approval by the State
18Superintendent of Education to the extent that the district has
19been forced to use daily multiple sessions.
20    (d) A session of 3 or more clock hours may be counted as a
21day of attendance (1) when the remainder of the school day or
22at least 2 hours in the evening of that day is utilized for an
23in-service training program for teachers, up to a maximum of 10
24days per school year, provided that a district conducts an
25in-service training program for teachers in accordance with
26Section 10-22.39 of this Code, or, in lieu of 4 such days, 2

 

 

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1full days may be used, in which event each such day may be
2counted as a day required for a legal school calendar pursuant
3to Section 10-19 of this Code; (2) when, of the 5 days allowed
4under item (1), a maximum of 4 days are used for parent-teacher
5conferences, or, in lieu of 4 such days, 2 full days are used,
6in which case each such day may be counted as a calendar day
7required under Section 10-19 of this Code, provided that the
8full-day, parent-teacher conference consists of (i) a minimum
9of 5 clock hours of parent-teacher conferences, (ii) both a
10minimum of 2 clock hours of parent-teacher conferences held in
11the evening following a full day of student attendance and a
12minimum of 3 clock hours of parent-teacher conferences held on
13the day immediately following evening parent-teacher
14conferences, or (iii) multiple parent-teacher conferences held
15in the evenings following full days of student attendance in
16which the time used for the parent-teacher conferences is
17equivalent to a minimum of 5 clock hours; and (3) when days in
18addition to those provided in items (1) and (2) are scheduled
19by a school pursuant to its school improvement plan adopted
20under Article 34 or its revised or amended school improvement
21plan adopted under Article 2, provided that (i) such sessions
22of 3 or more clock hours are scheduled to occur at regular
23intervals, (ii) the remainder of the school days in which such
24sessions occur are utilized for in-service training programs or
25other staff development activities for teachers, and (iii) a
26sufficient number of minutes of school work under the direct

 

 

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1supervision of teachers are added to the school days between
2such regularly scheduled sessions to accumulate not less than
3the number of minutes by which such sessions of 3 or more clock
4hours fall short of 5 clock hours. Days scheduled for
5in-service training programs, staff development activities, or
6parent-teacher conferences may be scheduled separately for
7different grade levels and different attendance centers of the
8district.
9    (e) A session of not less than one clock hour of teaching
10hospitalized or homebound pupils on-site or by telephone to the
11classroom may be counted as a half day of attendance; however,
12these pupils must receive 4 or more clock hours of instruction
13to be counted for a full day of attendance.
14    (f) A session of at least 4 clock hours may be counted as a
15day of attendance for first grade pupils and pupils in full-day
16kindergartens, and a session of 2 or more hours may be counted
17as a half day of attendance by pupils in kindergartens that
18provide only half days of attendance.
19    (g) For children with disabilities who are below the age of
206 years and who cannot attend 2 or more clock hours because of
21their disability or immaturity, a session of not less than one
22clock hour may be counted as a half day of attendance; however,
23for such children whose educational needs require a session of
244 or more clock hours, a session of at least 4 clock hours may
25be counted as a full day of attendance.
26    (h) A recognized kindergarten that provides for only a half

 

 

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1day of attendance by each pupil shall not have more than one
2half day of attendance counted in any one day. However,
3kindergartens may count 2 and a half days of attendance in any
45 consecutive school days. When a pupil attends such a
5kindergarten for 2 half days on any one school day, the pupil
6shall have the following day as a day absent from school,
7unless the school district obtains permission in writing from
8the State Superintendent of Education. Attendance at
9kindergartens that provide for a full day of attendance by each
10pupil shall be counted the same as attendance by first grade
11pupils. Only the first year of attendance in one kindergarten
12shall be counted, except in the case of children who entered
13the kindergarten in their fifth year whose educational
14development requires a second year of kindergarten as
15determined under rules of the State Board of Education.
16    (i) On the days when the State's final accountability
17assessment is administered under subsection (c) of Section
182-3.64a-5 of this Code, the day of attendance for a pupil whose
19school day must be shortened to accommodate required testing
20procedures may be less than 5 clock hours and shall be counted
21toward the 176 days of actual pupil attendance required under
22Section 10-19 of this Code, provided that a sufficient number
23of minutes of school work in excess of 5 clock hours are first
24completed on other school days to compensate for the loss of
25school work on the examination days.
26    (j) Pupils enrolled in a remote educational program

 

 

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1established under Section 10-29 of this Code may be counted on
2the basis of a one-fifth day of attendance for every clock hour
3of instruction attended in the remote educational program,
4provided that, in any month, the school district may not claim
5for a student enrolled in a remote educational program more
6days of attendance than the maximum number of days of
7attendance the district can claim (i) for students enrolled in
8a building holding year-round classes if the student is
9classified as participating in the remote educational program
10on a year-round schedule or (ii) for students enrolled in a
11building not holding year-round classes if the student is not
12classified as participating in the remote educational program
13on a year-round schedule.
14    (j-5) The clock hour requirements of subsections (a)
15through (j) of this Section do not apply if the Governor has
16declared a disaster due to a public health emergency pursuant
17to Section 7 of the Illinois Emergency Management Agency Act.
18The State Superintendent of Education may establish minimum
19clock hour requirements under Section 10-30 if the Governor has
20declared a disaster due to a public health emergency pursuant
21to Section 7 of the Illinois Emergency Management Agency Act.
22    (k) Pupil participation in any of the following activities
23shall be counted toward the calculation of clock hours of
24school work per day:
25        (1) Instruction in a college course in which a student
26    is dually enrolled for both high school credit and college

 

 

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1    credit.
2        (2) Participation in a Supervised Career Development
3    Experience, as defined in Section 10 of the Postsecondary
4    and Workforce Readiness Act, in which student
5    participation and learning outcomes are supervised by an
6    educator licensed under Article 21B.
7        (3) Participation in a youth apprenticeship, as
8    jointly defined in rules of the State Board of Education
9    and Department of Commerce and Economic Opportunity, in
10    which student participation and outcomes are supervised by
11    an educator licensed under Article 21B.
12        (4) Participation in a blended learning program
13    approved by the school district in which course content,
14    student evaluation, and instructional methods are
15    supervised by an educator licensed under Article 21B.
16(Source: P.A. 101-12, eff. 7-1-19.)
 
17    (105 ILCS 5/10-20.56)
18    Sec. 10-20.56. E-learning days.
19    (a) The State Board of Education shall establish and
20maintain, for implementation in school districts, a program for
21use of electronic-learning (e-learning) days, as described in
22this Section. School districts may utilize a program approved
23under this Section for use during remote learning days under
24Section 10-30.
25    (b) The school board of a school district may, by

 

 

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1resolution, adopt a research-based program or research-based
2programs for e-learning days district-wide that shall permit
3student instruction to be received electronically while
4students are not physically present in lieu of the district's
5scheduled emergency days as required by Section 10-19 of this
6Code. The research-based program or programs may not exceed the
7minimum number of emergency days in the approved school
8calendar and must be verified by the regional office of
9education or intermediate service center for the school
10district on or before September 1st annually to ensure access
11for all students. The regional office of education or
12intermediate service center shall ensure that the specific
13needs of all students are met, including special education
14students and English learners, and that all mandates are still
15met using the proposed research-based program. The e-learning
16program may utilize the Internet, telephones, texts, chat
17rooms, or other similar means of electronic communication for
18instruction and interaction between teachers and students that
19meet the needs of all learners. The e-learning program shall
20address the school district's responsibility to ensure that all
21teachers and staff who may be involved in the provision of
22e-learning have access to any and all hardware and software
23that may be required for the program. If a proposed program
24does not address this responsibility, the school district must
25propose an alternate program.
26    (c) Before its adoption by a school board, the school board

 

 

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1must hold a public hearing on a school district's initial
2proposal for an e-learning program or for renewal of such a
3program, at a regular or special meeting of the school board,
4in which the terms of the proposal must be substantially
5presented and an opportunity for allowing public comments must
6be provided. Notice of such public hearing must be provided at
7least 10 days prior to the hearing by:
8        (1) publication in a newspaper of general circulation
9    in the school district;
10        (2) written or electronic notice designed to reach the
11    parents or guardians of all students enrolled in the school
12    district; and
13        (3) written or electronic notice designed to reach any
14    exclusive collective bargaining representatives of school
15    district employees and all those employees not in a
16    collective bargaining unit.
17    (d) The regional office of education or intermediate
18service center for the school district must timely verify that
19a proposal for an e-learning program has met the requirements
20specified in this Section and that the proposal contains
21provisions designed to reasonably and practicably accomplish
22the following:
23        (1) to ensure and verify at least 5 clock hours of
24    instruction or school work, as required under Section
25    10-19.05, for each student participating in an e-learning
26    day;

 

 

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1        (2) to ensure access from home or other appropriate
2    remote facility for all students participating, including
3    computers, the Internet, and other forms of electronic
4    communication that must be utilized in the proposed
5    program;
6        (2.5) to ensure that non-electronic materials are made
7    available to students participating in the program who do
8    not have access to the required technology or to
9    participating teachers or students who are prevented from
10    accessing the required technology;
11        (3) to ensure appropriate learning opportunities for
12    students with special needs;
13        (4) to monitor and verify each student's electronic
14    participation;
15        (5) to address the extent to which student
16    participation is within the student's control as to the
17    time, pace, and means of learning;
18        (6) to provide effective notice to students and their
19    parents or guardians of the use of particular days for
20    e-learning;
21        (7) to provide staff and students with adequate
22    training for e-learning days' participation;
23        (8) to ensure an opportunity for any collective
24    bargaining negotiations with representatives of the school
25    district's employees that would be legally required,
26    including all classifications of school district employees

 

 

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1    who are represented by collective bargaining agreements
2    and who would be affected in the event of an e-learning
3    day;
4        (9) to review and revise the program as implemented to
5    address difficulties confronted; and
6        (10) to ensure that the protocol regarding general
7    expectations and responsibilities of the program is
8    communicated to teachers, staff, and students at least 30
9    days prior to utilizing an e-learning day.
10    The school board's approval of a school district's initial
11e-learning program and renewal of the e-learning program shall
12be for a term of 3 years.
13    (e) The State Board of Education may adopt rules consistent
14with the provision of this Section.
15(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19.)
 
16    (105 ILCS 5/10-30 new)
17    Sec. 10-30. Remote learning. This Section applies if the
18Governor has declared a disaster due to a public health
19emergency pursuant to Section 7 of the Illinois Emergency
20Management Agency Act.
21        (1) If the Governor has declared a disaster due to a
22    public health emergency pursuant to Section 7 of the
23    Illinois Emergency Management Agency Act, the State
24    Superintendent of Education may declare a requirement to
25    use remote learning days for a school district, multiple

 

 

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1    school districts, a region, or the entire State. During
2    remote learning days, schools shall conduct instruction
3    remotely. Once declared, remote learning days shall be
4    implemented in grades pre-kindergarten through 12 as days
5    of attendance and shall be deemed pupil attendance days for
6    calculation of the length of a school term under Section
7    10-19.
8        (2) For purposes of this Section, a remote learning day
9    may be met through a district's implementation of an
10    e-learning program under Section 10-20.56.
11        (3) For any district that does not implement an
12    e-learning program under Section 10-20.56, the district
13    shall adopt a remote learning day plan approved by the
14    district superintendent. Each district may utilize remote
15    learning planning days, consecutively or in separate
16    increments, to develop, review, or amend its remote
17    learning day plan or provide professional development to
18    staff regarding remote education. Up to 5 remote learning
19    planning days may be deemed pupil attendance days for
20    calculation of the length of a school term under Section
21    10-19.
22        (4) Each remote learning day plan shall address the
23    following:
24            (i) accessibility of the remote instruction to all
25        students enrolled in the district;
26            (ii) if applicable, a requirement that the remote

 

 

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1        learning day activities reflect State learning
2        standards;
3            (iii) a means for students to confer with an
4        educator, as necessary;
5            (iv) the unique needs of students in special
6        populations, including, but not limited to, students
7        eligible for special education under Article 14,
8        students who are English learners as defined in Section
9        14C-2, and students experiencing homelessness under
10        the Education for Homeless Children Act, or vulnerable
11        student populations;
12            (v) how the district will take attendance and
13        monitor and verify each student's remote
14        participation; and
15            (vi) transitions from remote learning to on-site
16        learning upon the State Superintendent's declaration
17        that remote learning days are no longer deemed
18        necessary.
19        (5) The district superintendent shall periodically
20    review and amend the district's remote learning day plan,
21    as needed, to ensure the plan meets the needs of all
22    students.
23        (6) Each remote learning day plan shall be posted on
24    the district's Internet website where other policies,
25    rules, and standards of conduct are posted and shall be
26    provided to students and faculty.

 

 

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1        (7) This Section does not create any additional
2    employee bargaining rights and does not remove any employee
3    bargaining rights.
4        (8) Statutory and regulatory curricular mandates and
5    offerings may be administered via a district's remote
6    learning day plan, except that a district may not offer
7    individual behind-the-wheel instruction required by
8    Section 27-24.2 via a district's remote learning day plan.
9    This Section does not relieve schools and districts from
10    completing all statutory and regulatory curricular
11    mandates and offerings.
 
12    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
13    Sec. 17-2.11. School board power to levy a tax or to borrow
14money and issue bonds for fire prevention, safety, energy
15conservation, accessibility, school security, and specified
16repair purposes.
17    (a) Whenever, as a result of any lawful order of any
18agency, other than a school board, having authority to enforce
19any school building code applicable to any facility that houses
20students, or any law or regulation for the protection and
21safety of the environment, pursuant to the Environmental
22Protection Act, any school district having a population of less
23than 500,000 inhabitants is required to alter or reconstruct
24any school building or permanent, fixed equipment; the district
25may, by proper resolution, levy a tax for the purpose of making

 

 

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1such alteration or reconstruction, based on a survey report by
2an architect or engineer licensed in this State, upon all of
3the taxable property of the district at the value as assessed
4by the Department of Revenue and at a rate not to exceed 0.05%
5per year for a period sufficient to finance such alteration or
6reconstruction, upon the following conditions:
7        (1) When there are not sufficient funds available in
8    the operations and maintenance fund of the school district,
9    the school facility occupation tax fund of the district, or
10    the fire prevention and safety fund of the district, as
11    determined by the district on the basis of rules adopted by
12    the State Board of Education, to make such alteration or
13    reconstruction or to purchase and install such permanent,
14    fixed equipment so ordered or determined as necessary.
15    Appropriate school district records must be made available
16    to the State Superintendent of Education, upon request, to
17    confirm this insufficiency.
18        (2) When a certified estimate of an architect or
19    engineer licensed in this State stating the estimated
20    amount necessary to make the alteration or reconstruction
21    or to purchase and install the equipment so ordered has
22    been secured by the school district, and the estimate has
23    been approved by the regional superintendent of schools
24    having jurisdiction over the district and the State
25    Superintendent of Education. Approval must not be granted
26    for any work that has already started without the prior

 

 

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1    express authorization of the State Superintendent of
2    Education. If the estimate is not approved or is denied
3    approval by the regional superintendent of schools within 3
4    months after the date on which it is submitted to him or
5    her, the school board of the district may submit the
6    estimate directly to the State Superintendent of Education
7    for approval or denial.
8    In the case of an emergency situation, where the estimated
9cost to effectuate emergency repairs is less than the amount
10specified in Section 10-20.21 of this Code, the school district
11may proceed with such repairs prior to approval by the State
12Superintendent of Education, but shall comply with the
13provisions of subdivision (2) of this subsection (a) as soon
14thereafter as may be as well as Section 10-20.21 of this Code.
15If the estimated cost to effectuate emergency repairs is
16greater than the amount specified in Section 10-20.21 of this
17Code, then the school district shall proceed in conformity with
18Section 10-20.21 of this Code and with rules established by the
19State Board of Education to address such situations. The rules
20adopted by the State Board of Education to deal with these
21situations shall stipulate that emergency situations must be
22expedited and given priority consideration. For purposes of
23this paragraph, an emergency is a situation that presents an
24imminent and continuing threat to the health and safety of
25students or other occupants of a facility, requires complete or
26partial evacuation of a building or part of a building, or

 

 

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1consumes one or more of the 5 emergency days built into the
2adopted calendar of the school or schools or would otherwise be
3expected to cause such school or schools to fall short of the
4minimum school calendar requirements.
5    (b) Whenever any such district determines that it is
6necessary for energy conservation purposes that any school
7building or permanent, fixed equipment should be altered or
8reconstructed and that such alterations or reconstruction will
9be made with funds not necessary for the completion of approved
10and recommended projects contained in any safety survey report
11or amendments thereto authorized by Section 2-3.12 of this Act;
12the district may levy a tax or issue bonds as provided in
13subsection (a) of this Section.
14    (c) Whenever any such district determines that it is
15necessary for accessibility purposes and to comply with the
16school building code that any school building or equipment
17should be altered or reconstructed and that such alterations or
18reconstruction will be made with funds not necessary for the
19completion of approved and recommended projects contained in
20any safety survey report or amendments thereto authorized under
21Section 2-3.12 of this Act, the district may levy a tax or
22issue bonds as provided in subsection (a) of this Section.
23    (d) Whenever any such district determines that it is
24necessary for school security purposes and the related
25protection and safety of pupils and school personnel that any
26school building or property should be altered or reconstructed

 

 

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1or that security systems and equipment (including but not
2limited to intercom, early detection and warning, access
3control and television monitoring systems) should be purchased
4and installed, and that such alterations, reconstruction or
5purchase and installation of equipment will be made with funds
6not necessary for the completion of approved and recommended
7projects contained in any safety survey report or amendment
8thereto authorized by Section 2-3.12 of this Act and will deter
9and prevent unauthorized entry or activities upon school
10property by unknown or dangerous persons, assure early
11detection and advance warning of any such actual or attempted
12unauthorized entry or activities and help assure the continued
13safety of pupils and school staff if any such unauthorized
14entry or activity is attempted or occurs; the district may levy
15a tax or issue bonds as provided in subsection (a) of this
16Section.
17    If such a school district determines that it is necessary
18for school security purposes and the related protection and
19safety of pupils and school staff to hire a school resource
20officer or that personnel costs for school counselors, mental
21health experts, or school resource officers are necessary and
22the district determines that it does not need funds for any of
23the other purposes set forth in this Section, then the district
24may levy a tax or issue bonds as provided in subsection (a).
25    (e) If a school district does not need funds for other fire
26prevention and safety projects, including the completion of

 

 

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1approved and recommended projects contained in any safety
2survey report or amendments thereto authorized by Section
32-3.12 of this Act, and it is determined after a public hearing
4(which is preceded by at least one published notice (i)
5occurring at least 7 days prior to the hearing in a newspaper
6of general circulation within the school district and (ii)
7setting forth the time, date, place, and general subject matter
8of the hearing) that there is a substantial, immediate, and
9otherwise unavoidable threat to the health, safety, or welfare
10of pupils due to disrepair of school sidewalks, playgrounds,
11parking lots, or school bus turnarounds and repairs must be
12made; then the district may levy a tax or issue bonds as
13provided in subsection (a) of this Section.
14    (f) For purposes of this Section a school district may
15replace a school building or build additions to replace
16portions of a building when it is determined that the
17effectuation of the recommendations for the existing building
18will cost more than the replacement costs. Such determination
19shall be based on a comparison of estimated costs made by an
20architect or engineer licensed in the State of Illinois. The
21new building or addition shall be equivalent in area (square
22feet) and comparable in purpose and grades served and may be on
23the same site or another site. Such replacement may only be
24done upon order of the regional superintendent of schools and
25the approval of the State Superintendent of Education.
26    (g) The filing of a certified copy of the resolution

 

 

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1levying the tax when accompanied by the certificates of the
2regional superintendent of schools and State Superintendent of
3Education shall be the authority of the county clerk to extend
4such tax.
5    (h) The county clerk of the county in which any school
6district levying a tax under the authority of this Section is
7located, in reducing raised levies, shall not consider any such
8tax as a part of the general levy for school purposes and shall
9not include the same in the limitation of any other tax rate
10which may be extended.
11    Such tax shall be levied and collected in like manner as
12all other taxes of school districts, subject to the provisions
13contained in this Section.
14    (i) The tax rate limit specified in this Section may be
15increased to .10% upon the approval of a proposition to effect
16such increase by a majority of the electors voting on that
17proposition at a regular scheduled election. Such proposition
18may be initiated by resolution of the school board and shall be
19certified by the secretary to the proper election authorities
20for submission in accordance with the general election law.
21    (j) When taxes are levied by any school district for fire
22prevention, safety, energy conservation, and school security
23purposes as specified in this Section, and the purposes for
24which the taxes have been levied are accomplished and paid in
25full, and there remain funds on hand in the Fire Prevention and
26Safety Fund from the proceeds of the taxes levied, including

 

 

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1interest earnings thereon, the school board by resolution shall
2use such excess and other board restricted funds, excluding
3bond proceeds and earnings from such proceeds, as follows:
4        (1) for other authorized fire prevention, safety,
5    energy conservation, required safety inspections, school
6    security purposes, sampling for lead in drinking water in
7    schools, and for repair and mitigation due to lead levels
8    in the drinking water supply; or
9        (2) for transfer to the Operations and Maintenance Fund
10    for the purpose of abating an equal amount of operations
11    and maintenance purposes taxes.
12Notwithstanding subdivision (2) of this subsection (j) and
13subsection (k) of this Section, through June 30, 2021 2020, the
14school board may, by proper resolution following a public
15hearing set by the school board or the president of the school
16board (that is preceded (i) by at least one published notice
17over the name of the clerk or secretary of the board, occurring
18at least 7 days and not more than 30 days prior to the hearing,
19in a newspaper of general circulation within the school
20district and (ii) by posted notice over the name of the clerk
21or secretary of the board, at least 48 hours before the
22hearing, at the principal office of the school board or at the
23building where the hearing is to be held if a principal office
24does not exist, with both notices setting forth the time, date,
25place, and subject matter of the hearing), transfer surplus
26life safety taxes and interest earnings thereon to the

 

 

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1Operations and Maintenance Fund for building repair work.
2    (k) If any transfer is made to the Operation and
3Maintenance Fund, the secretary of the school board shall
4within 30 days notify the county clerk of the amount of that
5transfer and direct the clerk to abate the taxes to be extended
6for the purposes of operations and maintenance authorized under
7Section 17-2 of this Act by an amount equal to such transfer.
8    (l) If the proceeds from the tax levy authorized by this
9Section are insufficient to complete the work approved under
10this Section, the school board is authorized to sell bonds
11without referendum under the provisions of this Section in an
12amount that, when added to the proceeds of the tax levy
13authorized by this Section, will allow completion of the
14approved work.
15    (m) Any bonds issued pursuant to this Section shall bear
16interest at a rate not to exceed the maximum rate authorized by
17law at the time of the making of the contract, shall mature
18within 20 years from date, and shall be signed by the president
19of the school board and the treasurer of the school district.
20    (n) In order to authorize and issue such bonds, the school
21board shall adopt a resolution fixing the amount of bonds, the
22date thereof, the maturities thereof, rates of interest
23thereof, place of payment and denomination, which shall be in
24denominations of not less than $100 and not more than $5,000,
25and provide for the levy and collection of a direct annual tax
26upon all the taxable property in the school district sufficient

 

 

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1to pay the principal and interest on such bonds to maturity.
2Upon the filing in the office of the county clerk of the county
3in which the school district is located of a certified copy of
4the resolution, it is the duty of the county clerk to extend
5the tax therefor in addition to and in excess of all other
6taxes heretofore or hereafter authorized to be levied by such
7school district.
8    (o) After the time such bonds are issued as provided for by
9this Section, if additional alterations or reconstructions are
10required to be made because of surveys conducted by an
11architect or engineer licensed in the State of Illinois, the
12district may levy a tax at a rate not to exceed .05% per year
13upon all the taxable property of the district or issue
14additional bonds, whichever action shall be the most feasible.
15    (p) This Section is cumulative and constitutes complete
16authority for the issuance of bonds as provided in this Section
17notwithstanding any other statute or law to the contrary.
18    (q) With respect to instruments for the payment of money
19issued under this Section either before, on, or after the
20effective date of Public Act 86-004 (June 6, 1989), it is, and
21always has been, the intention of the General Assembly (i) that
22the Omnibus Bond Acts are, and always have been, supplementary
23grants of power to issue instruments in accordance with the
24Omnibus Bond Acts, regardless of any provision of this Act that
25may appear to be or to have been more restrictive than those
26Acts, (ii) that the provisions of this Section are not a

 

 

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1limitation on the supplementary authority granted by the
2Omnibus Bond Acts, and (iii) that instruments issued under this
3Section within the supplementary authority granted by the
4Omnibus Bond Acts are not invalid because of any provision of
5this Act that may appear to be or to have been more restrictive
6than those Acts.
7    (r) When the purposes for which the bonds are issued have
8been accomplished and paid for in full and there remain funds
9on hand from the proceeds of the bond sale and interest
10earnings therefrom, the board shall, by resolution, use such
11excess funds in accordance with the provisions of Section
1210-22.14 of this Act.
13    (s) Whenever any tax is levied or bonds issued for fire
14prevention, safety, energy conservation, and school security
15purposes, such proceeds shall be deposited and accounted for
16separately within the Fire Prevention and Safety Fund.
17(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19.)
 
18    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
19    Sec. 17-2A. Interfund transfers.
20    (a) The school board of any district having a population of
21less than 500,000 inhabitants may, by proper resolution
22following a public hearing set by the school board or the
23president of the school board (that is preceded (i) by at least
24one published notice over the name of the clerk or secretary of
25the board, occurring at least 7 days and not more than 30 days

 

 

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1prior to the hearing, in a newspaper of general circulation
2within the school district and (ii) by posted notice over the
3name of the clerk or secretary of the board, at least 48 hours
4before the hearing, at the principal office of the school board
5or at the building where the hearing is to be held if a
6principal office does not exist, with both notices setting
7forth the time, date, place, and subject matter of the
8hearing), transfer money from (1) the Educational Fund to the
9Operations and Maintenance Fund or the Transportation Fund, (2)
10the Operations and Maintenance Fund to the Educational Fund or
11the Transportation Fund, (3) the Transportation Fund to the
12Educational Fund or the Operations and Maintenance Fund, or (4)
13the Tort Immunity Fund to the Operations and Maintenance Fund
14of said district, provided that, except during the period from
15July 1, 2003 through June 30, 2021 2020, such transfer is made
16solely for the purpose of meeting one-time, non-recurring
17expenses. Except during the period from July 1, 2003 through
18June 30, 2021 2020 and except as otherwise provided in
19subsection (b) of this Section, any other permanent interfund
20transfers authorized by any provision or judicial
21interpretation of this Code for which the transferee fund is
22not precisely and specifically set forth in the provision of
23this Code authorizing such transfer shall be made to the fund
24of the school district most in need of the funds being
25transferred, as determined by resolution of the school board.
26    (b) (Blank).

 

 

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1    (c) Notwithstanding subsection (a) of this Section or any
2other provision of this Code to the contrary, the school board
3of any school district (i) that is subject to the Property Tax
4Extension Limitation Law, (ii) that is an elementary district
5servicing students in grades K through 8, (iii) whose territory
6is in one county, (iv) that is eligible for Section 7002
7Federal Impact Aid, and (v) that has no more than $81,000 in
8funds remaining from refinancing bonds that were refinanced a
9minimum of 5 years prior to January 20, 2017 (the effective
10date of Public Act 99-926) may make a one-time transfer of the
11funds remaining from the refinancing bonds to the Operations
12and Maintenance Fund of the district by proper resolution
13following a public hearing set by the school board or the
14president of the school board, with notice as provided in
15subsection (a) of this Section, so long as the district meets
16the qualifications set forth in this subsection (c) on January
1720, 2017 (the effective date of Public Act 99-926).
18    (d) Notwithstanding subsection (a) of this Section or any
19other provision of this Code to the contrary, the school board
20of any school district (i) that is subject to the Property Tax
21Extension Limitation Law, (ii) that is a community unit school
22district servicing students in grades K through 12, (iii) whose
23territory is in one county, (iv) that owns property designated
24by the United States as a Superfund site pursuant to the
25federal Comprehensive Environmental Response, Compensation and
26Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that

 

 

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1has an excess accumulation of funds in its bond fund, including
2funds accumulated prior to July 1, 2000, may make a one-time
3transfer of those excess funds accumulated prior to July 1,
42000 to the Operations and Maintenance Fund of the district by
5proper resolution following a public hearing set by the school
6board or the president of the school board, with notice as
7provided in subsection (a) of this Section, so long as the
8district meets the qualifications set forth in this subsection
9(d) on August 4, 2017 (the effective date of Public Act
10100-32).
11(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17;
1299-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff.
138-31-17; 100-863, eff. 8-14-18.)
 
14    (105 ILCS 5/18-8.15)
15    Sec. 18-8.15. Evidence-Based Funding Evidence-based
16funding for student success for the 2017-2018 and subsequent
17school years.
18    (a) General provisions.
19        (1) The purpose of this Section is to ensure that, by
20    June 30, 2027 and beyond, this State has a kindergarten
21    through grade 12 public education system with the capacity
22    to ensure the educational development of all persons to the
23    limits of their capacities in accordance with Section 1 of
24    Article X of the Constitution of the State of Illinois. To
25    accomplish that objective, this Section creates a method of

 

 

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1    funding public education that is evidence-based; is
2    sufficient to ensure every student receives a meaningful
3    opportunity to learn irrespective of race, ethnicity,
4    sexual orientation, gender, or community-income level; and
5    is sustainable and predictable. When fully funded under
6    this Section, every school shall have the resources, based
7    on what the evidence indicates is needed, to:
8            (A) provide all students with a high quality
9        education that offers the academic, enrichment, social
10        and emotional support, technical, and career-focused
11        programs that will allow them to become competitive
12        workers, responsible parents, productive citizens of
13        this State, and active members of our national
14        democracy;
15            (B) ensure all students receive the education they
16        need to graduate from high school with the skills
17        required to pursue post-secondary education and
18        training for a rewarding career;
19            (C) reduce, with a goal of eliminating, the
20        achievement gap between at-risk and non-at-risk
21        students by raising the performance of at-risk
22        students and not by reducing standards; and
23            (D) ensure this State satisfies its obligation to
24        assume the primary responsibility to fund public
25        education and simultaneously relieve the
26        disproportionate burden placed on local property taxes

 

 

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1        to fund schools.
2        (2) The Evidence-Based Funding evidence-based funding
3    formula under this Section shall be applied to all
4    Organizational Units in this State. The Evidence-Based
5    Funding evidence-based funding formula outlined in this
6    Act is based on the formula outlined in Senate Bill 1 of
7    the 100th General Assembly, as passed by both legislative
8    chambers. As further defined and described in this Section,
9    there are 4 major components of the Evidence-Based Funding
10    evidence-based funding model:
11            (A) First, the model calculates a unique Adequacy
12        Target adequacy target for each Organizational Unit in
13        this State that considers the costs to implement
14        research-based activities, the unit's student
15        demographics, and regional wage differences
16        difference.
17            (B) Second, the model calculates each
18        Organizational Unit's Local Capacity local capacity,
19        or the amount each Organizational Unit is assumed to
20        contribute toward towards its Adequacy Target adequacy
21        target from local resources.
22            (C) Third, the model calculates how much funding
23        the State currently contributes to the Organizational
24        Unit, and adds that to the unit's Local Capacity local
25        capacity to determine the unit's overall current
26        adequacy of funding.

 

 

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1            (D) Finally, the model's distribution method
2        allocates new State funding to those Organizational
3        Units that are least well-funded, considering both
4        Local Capacity local capacity and State funding, in
5        relation to their Adequacy Target adequacy target.
6        (3) An Organizational Unit receiving any funding under
7    this Section may apply those funds to any fund so received
8    for which that Organizational Unit is authorized to make
9    expenditures by law.
10        (4) As used in this Section, the following terms shall
11    have the meanings ascribed in this paragraph (4):
12        "Adequacy Target" is defined in paragraph (1) of
13    subsection (b) of this Section.
14        "Adjusted EAV" is defined in paragraph (4) of
15    subsection (d) of this Section.
16        "Adjusted Local Capacity Target" is defined in
17    paragraph (3) of subsection (c) of this Section.
18        "Adjusted Operating Tax Rate" means a tax rate for all
19    Organizational Units, for which the State Superintendent
20    shall calculate and subtract for the Operating Tax Rate a
21    transportation rate based on total expenses for
22    transportation services under this Code, as reported on the
23    most recent Annual Financial Report in Pupil
24    Transportation Services, function 2550 in both the
25    Education and Transportation funds and functions 4110 and
26    4120 in the Transportation fund, less any corresponding

 

 

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1    fiscal year State of Illinois scheduled payments excluding
2    net adjustments for prior years for regular, vocational, or
3    special education transportation reimbursement pursuant to
4    Section 29-5 or subsection (b) of Section 14-13.01 of this
5    Code divided by the Adjusted EAV. If an Organizational
6    Unit's corresponding fiscal year State of Illinois
7    scheduled payments excluding net adjustments for prior
8    years for regular, vocational, or special education
9    transportation reimbursement pursuant to Section 29-5 or
10    subsection (b) of Section 14-13.01 of this Code exceed the
11    total transportation expenses, as defined in this
12    paragraph, no transportation rate shall be subtracted from
13    the Operating Tax Rate.
14        "Allocation Rate" is defined in paragraph (3) of
15    subsection (g) of this Section.
16        "Alternative School" means a public school that is
17    created and operated by a regional superintendent of
18    schools and approved by the State Board.
19        "Applicable Tax Rate" is defined in paragraph (1) of
20    subsection (d) of this Section.
21        "Assessment" means any of those benchmark, progress
22    monitoring, formative, diagnostic, and other assessments,
23    in addition to the State accountability assessment, that
24    assist teachers' needs in understanding the skills and
25    meeting the needs of the students they serve.
26        "Assistant principal" means a school administrator

 

 

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1    duly endorsed to be employed as an assistant principal in
2    this State.
3        "At-risk student" means a student who is at risk of not
4    meeting the Illinois Learning Standards or not graduating
5    from elementary or high school and who demonstrates a need
6    for vocational support or social services beyond that
7    provided by the regular school program. All students
8    included in an Organizational Unit's Low-Income Count, as
9    well as all English learner and disabled students attending
10    the Organizational Unit, shall be considered at-risk
11    students under this Section.
12        "Average Student Enrollment" or "ASE" for fiscal year
13    2018 means, for an Organizational Unit, the greater of the
14    average number of students (grades K through 12) reported
15    to the State Board as enrolled in the Organizational Unit
16    on October 1 in the immediately preceding school year, plus
17    the pre-kindergarten students who receive special
18    education services of 2 or more hours a day as reported to
19    the State Board on December 1 in the immediately preceding
20    school year, or the average number of students (grades K
21    through 12) reported to the State Board as enrolled in the
22    Organizational Unit on October 1, plus the
23    pre-kindergarten students who receive special education
24    services of 2 or more hours a day as reported to the State
25    Board on December 1, for each of the immediately preceding
26    3 school years. For fiscal year 2019 and each subsequent

 

 

10100SB1569ham002- 53 -LRB101 09273 NHT 72142 a

1    fiscal year, "Average Student Enrollment" or "ASE" means,
2    for an Organizational Unit, the greater of the average
3    number of students (grades K through 12) reported to the
4    State Board as enrolled in the Organizational Unit on
5    October 1 and March 1 in the immediately preceding school
6    year, plus the pre-kindergarten students who receive
7    special education services as reported to the State Board
8    on October 1 and March 1 in the immediately preceding
9    school year, or the average number of students (grades K
10    through 12) reported to the State Board as enrolled in the
11    Organizational Unit on October 1 and March 1, plus the
12    pre-kindergarten students who receive special education
13    services as reported to the State Board on October 1 and
14    March 1, for each of the immediately preceding 3 school
15    years. For the purposes of this definition, "enrolled in
16    the Organizational Unit" means the number of students
17    reported to the State Board who are enrolled in schools
18    within the Organizational Unit that the student attends or
19    would attend if not placed or transferred to another school
20    or program to receive needed services. For the purposes of
21    calculating "ASE", all students, grades K through 12,
22    excluding those attending kindergarten for a half day and
23    students attending an alternative education program
24    operated by a regional office of education or intermediate
25    service center, shall be counted as 1.0. All students
26    attending kindergarten for a half day shall be counted as

 

 

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1    0.5, unless in 2017 by June 15 or by March 1 in subsequent
2    years, the school district reports to the State Board of
3    Education the intent to implement full-day kindergarten
4    district-wide for all students, then all students
5    attending kindergarten shall be counted as 1.0. Special
6    education pre-kindergarten students shall be counted as
7    0.5 each. If the State Board does not collect or has not
8    collected both an October 1 and March 1 enrollment count by
9    grade or a December 1 collection of special education
10    pre-kindergarten students as of August 31, 2017 (the
11    effective date of Public Act 100-465) this amendatory Act
12    of the 100th General Assembly, it shall establish such
13    collection for all future years. For any year in which
14    where a count by grade level was collected only once, that
15    count shall be used as the single count available for
16    computing a 3-year average ASE. Funding for programs
17    operated by a regional office of education or an
18    intermediate service center must be calculated using the
19    Evidence-Based Funding evidence-based funding formula
20    under this Section for the 2019-2020 school year and each
21    subsequent school year until separate adequacy formulas
22    are developed and adopted for each type of program. ASE for
23    a program operated by a regional office of education or an
24    intermediate service center must be determined by the March
25    1 enrollment for the program. For the 2019-2020 school
26    year, the ASE used in the calculation must be the

 

 

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1    first-year ASE and, in that year only, the assignment of
2    students served by a regional office of education or
3    intermediate service center shall not result in a reduction
4    of the March enrollment for any school district. For the
5    2020-2021 school year, the ASE must be the greater of the
6    current-year ASE or the 2-year average ASE. Beginning with
7    the 2021-2022 school year, the ASE must be the greater of
8    the current-year ASE or the 3-year average ASE. School
9    districts shall submit the data for the ASE calculation to
10    the State Board within 45 days of the dates required in
11    this Section for submission of enrollment data in order for
12    it to be included in the ASE calculation. For fiscal year
13    2018 only, the ASE calculation shall include only
14    enrollment taken on October 1.
15        "Base Funding Guarantee" is defined in paragraph (10)
16    of subsection (g) of this Section.
17        "Base Funding Minimum" is defined in subsection (e) of
18    this Section.
19        "Base Tax Year" means the property tax levy year used
20    to calculate the Budget Year allocation of primary State
21    aid.
22        "Base Tax Year's Extension" means the product of the
23    equalized assessed valuation utilized by the county clerk
24    in the Base Tax Year multiplied by the limiting rate as
25    calculated by the county clerk and defined in PTELL.
26        "Bilingual Education Allocation" means the amount of

 

 

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1    an Organizational Unit's final Adequacy Target
2    attributable to bilingual education divided by the
3    Organizational Unit's final Adequacy Target, the product
4    of which shall be multiplied by the amount of new funding
5    received pursuant to this Section. An Organizational
6    Unit's final Adequacy Target attributable to bilingual
7    education shall include all additional investments in
8    English learner students' adequacy elements.
9        "Budget Year" means the school year for which primary
10    State aid is calculated and awarded under this Section.
11        "Central office" means individual administrators and
12    support service personnel charged with managing the
13    instructional programs, business and operations, and
14    security of the Organizational Unit.
15        "Comparable Wage Index" or "CWI" means a regional cost
16    differentiation metric that measures systemic, regional
17    variations in the salaries of college graduates who are not
18    educators. The CWI utilized for this Section shall, for the
19    first 3 years of Evidence-Based Funding implementation, be
20    the CWI initially developed by the National Center for
21    Education Statistics, as most recently updated by Texas A &
22    M University. In the fourth and subsequent years of
23    Evidence-Based Funding implementation, the State
24    Superintendent shall re-determine the CWI using a similar
25    methodology to that identified in the Texas A & M
26    University study, with adjustments made no less frequently

 

 

10100SB1569ham002- 57 -LRB101 09273 NHT 72142 a

1    than once every 5 years.
2        "Computer technology and equipment" means computers
3    servers, notebooks, network equipment, copiers, printers,
4    instructional software, security software, curriculum
5    management courseware, and other similar materials and
6    equipment.
7        "Computer technology and equipment investment
8    allocation" means the final Adequacy Target amount of an
9    Organizational Unit assigned to Tier 1 or Tier 2 in the
10    prior school year attributable to the additional $285.50
11    per student computer technology and equipment investment
12    grant divided by the Organizational Unit's final Adequacy
13    Target, the result of which shall be multiplied by the
14    amount of new funding received pursuant to this Section. An
15    Organizational Unit assigned to a Tier 1 or Tier 2 final
16    Adequacy Target attributable to the received computer
17    technology and equipment investment grant shall include
18    all additional investments in computer technology and
19    equipment adequacy elements.
20        "Core subject" means mathematics; science; reading,
21    English, writing, and language arts; history and social
22    studies; world languages; and subjects taught as Advanced
23    Placement in high schools.
24        "Core teacher" means a regular classroom teacher in
25    elementary schools and teachers of a core subject in middle
26    and high schools.

 

 

10100SB1569ham002- 58 -LRB101 09273 NHT 72142 a

1        "Core Intervention teacher (tutor)" means a licensed
2    teacher providing one-on-one or small group tutoring to
3    students struggling to meet proficiency in core subjects.
4        "CPPRT" means corporate personal property replacement
5    tax funds paid to an Organizational Unit during the
6    calendar year one year before the calendar year in which a
7    school year begins, pursuant to "An Act in relation to the
8    abolition of ad valorem personal property tax and the
9    replacement of revenues lost thereby, and amending and
10    repealing certain Acts and parts of Acts in connection
11    therewith", certified August 14, 1979, as amended (Public
12    Act 81-1st S.S.-1).
13        "EAV" means equalized assessed valuation as defined in
14    paragraph (2) of subsection (d) of this Section and
15    calculated in accordance with paragraph (3) of subsection
16    (d) of this Section.
17        "ECI" means the Bureau of Labor Statistics' national
18    employment cost index for civilian workers in educational
19    services in elementary and secondary schools on a
20    cumulative basis for the 12-month calendar year preceding
21    the fiscal year of the Evidence-Based Funding calculation.
22        "EIS Data" means the employment information system
23    data maintained by the State Board on educators within
24    Organizational Units.
25        "Employee benefits" means health, dental, and vision
26    insurance offered to employees of an Organizational Unit,

 

 

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1    the costs associated with the statutorily required payment
2    of the normal cost of the Organizational Unit's teacher
3    pensions, Social Security employer contributions, and
4    Illinois Municipal Retirement Fund employer contributions.
5        "English learner" or "EL" means a child included in the
6    definition of "English learners" under Section 14C-2 of
7    this Code participating in a program of transitional
8    bilingual education or a transitional program of
9    instruction meeting the requirements and program
10    application procedures of Article 14C of this Code. For the
11    purposes of collecting the number of EL students enrolled,
12    the same collection and calculation methodology as defined
13    above for "ASE" shall apply to English learners, with the
14    exception that EL student enrollment shall include
15    students in grades pre-kindergarten through 12.
16        "Essential Elements" means those elements, resources,
17    and educational programs that have been identified through
18    academic research as necessary to improve student success,
19    improve academic performance, close achievement gaps, and
20    provide for other per student costs related to the delivery
21    and leadership of the Organizational Unit, as well as the
22    maintenance and operations of the unit, and which are
23    specified in paragraph (2) of subsection (b) of this
24    Section.
25        "Evidence-Based Funding" means State funding provided
26    to an Organizational Unit pursuant to this Section.

 

 

10100SB1569ham002- 60 -LRB101 09273 NHT 72142 a

1        "Extended day" means academic and enrichment programs
2    provided to students outside the regular school day before
3    and after school or during non-instructional times during
4    the school day.
5        "Extension Limitation Ratio" means a numerical ratio
6    in which the numerator is the Base Tax Year's Extension and
7    the denominator is the Preceding Tax Year's Extension.
8        "Final Percent of Adequacy" is defined in paragraph (4)
9    of subsection (f) of this Section.
10        "Final Resources" is defined in paragraph (3) of
11    subsection (f) of this Section.
12        "Full-time equivalent" or "FTE" means the full-time
13    equivalency compensation for staffing the relevant
14    position at an Organizational Unit.
15        "Funding Gap" is defined in paragraph (1) of subsection
16    (g).
17        "Guidance counselor" means a licensed guidance
18    counselor who provides guidance and counseling support for
19    students within an Organizational Unit.
20        "Hybrid District" means a partial elementary unit
21    district created pursuant to Article 11E of this Code.
22        "Instructional assistant" means a core or special
23    education, non-licensed employee who assists a teacher in
24    the classroom and provides academic support to students.
25        "Instructional facilitator" means a qualified teacher
26    or licensed teacher leader who facilitates and coaches

 

 

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1    continuous improvement in classroom instruction; provides
2    instructional support to teachers in the elements of
3    research-based instruction or demonstrates the alignment
4    of instruction with curriculum standards and assessment
5    tools; develops or coordinates instructional programs or
6    strategies; develops and implements training; chooses
7    standards-based instructional materials; provides teachers
8    with an understanding of current research; serves as a
9    mentor, site coach, curriculum specialist, or lead
10    teacher; or otherwise works with fellow teachers, in
11    collaboration, to use data to improve instructional
12    practice or develop model lessons.
13        "Instructional materials" means relevant instructional
14    materials for student instruction, including, but not
15    limited to, textbooks, consumable workbooks, laboratory
16    equipment, library books, and other similar materials.
17        "Laboratory School" means a public school that is
18    created and operated by a public university and approved by
19    the State Board.
20        "Librarian" means a teacher with an endorsement as a
21    library information specialist or another individual whose
22    primary responsibility is overseeing library resources
23    within an Organizational Unit.
24        "Limiting rate for Hybrid Districts" means the
25    combined elementary school and high school limiting
26    limited rates.

 

 

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1        "Local Capacity" is defined in paragraph (1) of
2    subsection (c) of this Section.
3        "Local Capacity Percentage" is defined in subparagraph
4    (A) of paragraph (2) of subsection (c) of this Section.
5        "Local Capacity Ratio" is defined in subparagraph (B)
6    of paragraph (2) of subsection (c) of this Section.
7        "Local Capacity Target" is defined in paragraph (2) of
8    subsection (c) of this Section.
9        "Low-Income Count" means, for an Organizational Unit
10    in a fiscal year, the higher of the average number of
11    students for the prior school year or the immediately
12    preceding 3 school years who, as of July 1 of the
13    immediately preceding fiscal year (as determined by the
14    Department of Human Services), are eligible for at least
15    one of the following low-income low income programs:
16    Medicaid, the Children's Health Insurance Program,
17    Temporary Assistance for Needy Families (TANF), or the
18    Supplemental Nutrition Assistance Program, excluding
19    pupils who are eligible for services provided by the
20    Department of Children and Family Services. Until such time
21    that grade level low-income populations become available,
22    grade level low-income populations shall be determined by
23    applying the low-income percentage to total student
24    enrollments by grade level. The low-income percentage is
25    determined by dividing the Low-Income Count by the Average
26    Student Enrollment. The low-income percentage for programs

 

 

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1    operated by a regional office of education or an
2    intermediate service center must be set to the weighted
3    average of the low-income percentages of all of the school
4    districts in the service region. The weighted low-income
5    percentage is the result of multiplying the low-income
6    percentage of each school district served by the regional
7    office of education or intermediate service center by each
8    school district's Average Student Enrollment, summarizing
9    those products and dividing the total by the total Average
10    Student Enrollment for the service region.
11        "Maintenance and operations" means custodial services,
12    facility and ground maintenance, facility operations,
13    facility security, routine facility repairs, and other
14    similar services and functions.
15        "Minimum Funding Level" is defined in paragraph (9) of
16    subsection (g) of this Section.
17        "New Property Tax Relief Pool Funds" means, for any
18    given fiscal year, all State funds appropriated under
19    Section 2-3.170 of the School Code.
20        "New State Funds" means, for a given school year, all
21    State funds appropriated for Evidence-Based Funding in
22    excess of the amount needed to fund the Base Funding
23    Minimum for all Organizational Units in that school year.
24        "Net State Contribution Target" means, for a given
25    school year, the amount of State funds that would be
26    necessary to fully meet the Adequacy Target of an

 

 

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1    Operational Unit minus the Preliminary Resources available
2    to each unit.
3        "Nurse" means an individual licensed as a certified
4    school nurse, in accordance with the rules established for
5    nursing services by the State Board, who is an employee of
6    and is available to provide health care-related services
7    for students of an Organizational Unit.
8        "Operating Tax Rate" means the rate utilized in the
9    previous year to extend property taxes for all purposes,
10    except, Bond and Interest, Summer School, Rent, Capital
11    Improvement, and Vocational Education Building purposes.
12    For Hybrid Districts, the Operating Tax Rate shall be the
13    combined elementary and high school rates utilized in the
14    previous year to extend property taxes for all purposes,
15    except, Bond and Interest, Summer School, Rent, Capital
16    Improvement, and Vocational Education Building purposes.
17        "Organizational Unit" means a Laboratory School or any
18    public school district that is recognized as such by the
19    State Board and that contains elementary schools typically
20    serving kindergarten through 5th grades, middle schools
21    typically serving 6th through 8th grades, high schools
22    typically serving 9th through 12th grades, a program
23    established under Section 2-3.66 or 2-3.41, or a program
24    operated by a regional office of education or an
25    intermediate service center under Article 13A or 13B. The
26    General Assembly acknowledges that the actual grade levels

 

 

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1    served by a particular Organizational Unit may vary
2    slightly from what is typical.
3        "Organizational Unit CWI" is determined by calculating
4    the CWI in the region and original county in which an
5    Organizational Unit's primary administrative office is
6    located as set forth in this paragraph, provided that if
7    the Organizational Unit CWI as calculated in accordance
8    with this paragraph is less than 0.9, the Organizational
9    Unit CWI shall be increased to 0.9. Each county's current
10    CWI value shall be adjusted based on the CWI value of that
11    county's neighboring Illinois counties, to create a
12    "weighted adjusted index value". This shall be calculated
13    by summing the CWI values of all of a county's adjacent
14    Illinois counties and dividing by the number of adjacent
15    Illinois counties, then taking the weighted value of the
16    original county's CWI value and the adjacent Illinois
17    county average. To calculate this weighted value, if the
18    number of adjacent Illinois counties is greater than 2, the
19    original county's CWI value will be weighted at 0.25 and
20    the adjacent Illinois county average will be weighted at
21    0.75. If the number of adjacent Illinois counties is 2, the
22    original county's CWI value will be weighted at 0.33 and
23    the adjacent Illinois county average will be weighted at
24    0.66. The greater of the county's current CWI value and its
25    weighted adjusted index value shall be used as the
26    Organizational Unit CWI.

 

 

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1        "Preceding Tax Year" means the property tax levy year
2    immediately preceding the Base Tax Year.
3        "Preceding Tax Year's Extension" means the product of
4    the equalized assessed valuation utilized by the county
5    clerk in the Preceding Tax Year multiplied by the Operating
6    Tax Rate.
7        "Preliminary Percent of Adequacy" is defined in
8    paragraph (2) of subsection (f) of this Section.
9        "Preliminary Resources" is defined in paragraph (2) of
10    subsection (f) of this Section.
11        "Principal" means a school administrator duly endorsed
12    to be employed as a principal in this State.
13        "Professional development" means training programs for
14    licensed staff in schools, including, but not limited to,
15    programs that assist in implementing new curriculum
16    programs, provide data focused or academic assessment data
17    training to help staff identify a student's weaknesses and
18    strengths, target interventions, improve instruction,
19    encompass instructional strategies for English learner,
20    gifted, or at-risk students, address inclusivity, cultural
21    sensitivity, or implicit bias, or otherwise provide
22    professional support for licensed staff.
23        "Prototypical" means 450 special education
24    pre-kindergarten and kindergarten through grade 5 students
25    for an elementary school, 450 grade 6 through 8 students
26    for a middle school, and 600 grade 9 through 12 students

 

 

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1    for a high school.
2        "PTELL" means the Property Tax Extension Limitation
3    Law.
4        "PTELL EAV" is defined in paragraph (4) of subsection
5    (d) of this Section.
6        "Pupil support staff" means a nurse, psychologist,
7    social worker, family liaison personnel, or other staff
8    member who provides support to at-risk or struggling
9    students.
10        "Real Receipts" is defined in paragraph (1) of
11    subsection (d) of this Section.
12        "Regionalization Factor" means, for a particular
13    Organizational Unit, the figure derived by dividing the
14    Organizational Unit CWI by the Statewide Weighted CWI.
15        "School site staff" means the primary school secretary
16    and any additional clerical personnel assigned to a school.
17        "Special education" means special educational
18    facilities and services, as defined in Section 14-1.08 of
19    this Code.
20        "Special Education Allocation" means the amount of an
21    Organizational Unit's final Adequacy Target attributable
22    to special education divided by the Organizational Unit's
23    final Adequacy Target, the product of which shall be
24    multiplied by the amount of new funding received pursuant
25    to this Section. An Organizational Unit's final Adequacy
26    Target attributable to special education shall include all

 

 

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1    special education investment adequacy elements.
2        "Specialist teacher" means a teacher who provides
3    instruction in subject areas not included in core subjects,
4    including, but not limited to, art, music, physical
5    education, health, driver education, career-technical
6    education, and such other subject areas as may be mandated
7    by State law or provided by an Organizational Unit.
8        "Specially Funded Unit" means an Alternative School,
9    safe school, Department of Juvenile Justice school,
10    special education cooperative or entity recognized by the
11    State Board as a special education cooperative,
12    State-approved charter school, or alternative learning
13    opportunities program that received direct funding from
14    the State Board during the 2016-2017 school year through
15    any of the funding sources included within the calculation
16    of the Base Funding Minimum or Glenwood Academy.
17        "Supplemental Grant Funding" means supplemental
18    general State aid funding received by an Organizational
19    Organization Unit during the 2016-2017 school year
20    pursuant to subsection (H) of Section 18-8.05 of this Code
21    (now repealed).
22        "State Adequacy Level" is the sum of the Adequacy
23    Targets of all Organizational Units.
24        "State Board" means the State Board of Education.
25        "State Superintendent" means the State Superintendent
26    of Education.

 

 

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1        "Statewide Weighted CWI" means a figure determined by
2    multiplying each Organizational Unit CWI times the ASE for
3    that Organizational Unit creating a weighted value,
4    summing all Organizational Units' Unit's weighted values,
5    and dividing by the total ASE of all Organizational Units,
6    thereby creating an average weighted index.
7        "Student activities" means non-credit producing
8    after-school programs, including, but not limited to,
9    clubs, bands, sports, and other activities authorized by
10    the school board of the Organizational Unit.
11        "Substitute teacher" means an individual teacher or
12    teaching assistant who is employed by an Organizational
13    Unit and is temporarily serving the Organizational Unit on
14    a per diem or per period-assignment basis to replace
15    replacing another staff member.
16        "Summer school" means academic and enrichment programs
17    provided to students during the summer months outside of
18    the regular school year.
19        "Supervisory aide" means a non-licensed staff member
20    who helps in supervising students of an Organizational
21    Unit, but does so outside of the classroom, in situations
22    such as, but not limited to, monitoring hallways and
23    playgrounds, supervising lunchrooms, or supervising
24    students when being transported in buses serving the
25    Organizational Unit.
26        "Target Ratio" is defined in paragraph (4) of

 

 

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1    subsection (g).
2        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
3    in paragraph (3) of subsection (g).
4        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
5    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
6    Funding" are defined in paragraph (1) of subsection (g).
7    (b) Adequacy Target calculation.
8        (1) Each Organizational Unit's Adequacy Target is the
9    sum of the Organizational Unit's cost of providing
10    Essential Elements, as calculated in accordance with this
11    subsection (b), with the salary amounts in the Essential
12    Elements multiplied by a Regionalization Factor calculated
13    pursuant to paragraph (3) of this subsection (b).
14        (2) The Essential Elements are attributable on a pro
15    rata basis related to defined subgroups of the ASE of each
16    Organizational Unit as specified in this paragraph (2),
17    with investments and FTE positions pro rata funded based on
18    ASE counts in excess or less than the thresholds set forth
19    in this paragraph (2). The method for calculating
20    attributable pro rata costs and the defined subgroups
21    thereto are as follows:
22            (A) Core class size investments. Each
23        Organizational Unit shall receive the funding required
24        to support that number of FTE core teacher positions as
25        is needed to keep the respective class sizes of the
26        Organizational Unit to the following maximum numbers:

 

 

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1                (i) For grades kindergarten through 3, the
2            Organizational Unit shall receive funding required
3            to support one FTE core teacher position for every
4            15 Low-Income Count students in those grades and
5            one FTE core teacher position for every 20
6            non-Low-Income Count students in those grades.
7                (ii) For grades 4 through 12, the
8            Organizational Unit shall receive funding required
9            to support one FTE core teacher position for every
10            20 Low-Income Count students in those grades and
11            one FTE core teacher position for every 25
12            non-Low-Income Count students in those grades.
13            The number of non-Low-Income Count students in a
14        grade shall be determined by subtracting the
15        Low-Income students in that grade from the ASE of the
16        Organizational Unit for that grade.
17            (B) Specialist teacher investments. Each
18        Organizational Unit shall receive the funding needed
19        to cover that number of FTE specialist teacher
20        positions that correspond to the following
21        percentages:
22                (i) if the Organizational Unit operates an
23            elementary or middle school, then 20.00% of the
24            number of the Organizational Unit's core teachers,
25            as determined under subparagraph (A) of this
26            paragraph (2); and

 

 

10100SB1569ham002- 72 -LRB101 09273 NHT 72142 a

1                (ii) if such Organizational Unit operates a
2            high school, then 33.33% of the number of the
3            Organizational Unit's core teachers.
4            (C) Instructional facilitator investments. Each
5        Organizational Unit shall receive the funding needed
6        to cover one FTE instructional facilitator position
7        for every 200 combined ASE of pre-kindergarten
8        children with disabilities and all kindergarten
9        through grade 12 students of the Organizational Unit.
10            (D) Core intervention teacher (tutor) investments.
11        Each Organizational Unit shall receive the funding
12        needed to cover one FTE teacher position for each
13        prototypical elementary, middle, and high school.
14            (E) Substitute teacher investments. Each
15        Organizational Unit shall receive the funding needed
16        to cover substitute teacher costs that is equal to
17        5.70% of the minimum pupil attendance days required
18        under Section 10-19 of this Code for all full-time
19        equivalent core, specialist, and intervention
20        teachers, school nurses, special education teachers
21        and instructional assistants, instructional
22        facilitators, and summer school and extended day
23        extended-day teacher positions, as determined under
24        this paragraph (2), at a salary rate of 33.33% of the
25        average salary for grade K through 12 teachers and
26        33.33% of the average salary of each instructional

 

 

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1        assistant position.
2            (F) Core guidance counselor investments. Each
3        Organizational Unit shall receive the funding needed
4        to cover one FTE guidance counselor for each 450
5        combined ASE of pre-kindergarten children with
6        disabilities and all kindergarten through grade 5
7        students, plus one FTE guidance counselor for each 250
8        grades 6 through 8 ASE middle school students, plus one
9        FTE guidance counselor for each 250 grades 9 through 12
10        ASE high school students.
11            (G) Nurse investments. Each Organizational Unit
12        shall receive the funding needed to cover one FTE nurse
13        for each 750 combined ASE of pre-kindergarten children
14        with disabilities and all kindergarten through grade
15        12 students across all grade levels it serves.
16            (H) Supervisory aide investments. Each
17        Organizational Unit shall receive the funding needed
18        to cover one FTE for each 225 combined ASE of
19        pre-kindergarten children with disabilities and all
20        kindergarten through grade 5 students, plus one FTE for
21        each 225 ASE middle school students, plus one FTE for
22        each 200 ASE high school students.
23            (I) Librarian investments. Each Organizational
24        Unit shall receive the funding needed to cover one FTE
25        librarian for each prototypical elementary school,
26        middle school, and high school and one FTE aide or

 

 

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1        media technician for every 300 combined ASE of
2        pre-kindergarten children with disabilities and all
3        kindergarten through grade 12 students.
4            (J) Principal investments. Each Organizational
5        Unit shall receive the funding needed to cover one FTE
6        principal position for each prototypical elementary
7        school, plus one FTE principal position for each
8        prototypical middle school, plus one FTE principal
9        position for each prototypical high school.
10            (K) Assistant principal investments. Each
11        Organizational Unit shall receive the funding needed
12        to cover one FTE assistant principal position for each
13        prototypical elementary school, plus one FTE assistant
14        principal position for each prototypical middle
15        school, plus one FTE assistant principal position for
16        each prototypical high school.
17            (L) School site staff investments. Each
18        Organizational Unit shall receive the funding needed
19        for one FTE position for each 225 ASE of
20        pre-kindergarten children with disabilities and all
21        kindergarten through grade 5 students, plus one FTE
22        position for each 225 ASE middle school students, plus
23        one FTE position for each 200 ASE high school students.
24            (M) Gifted investments. Each Organizational Unit
25        shall receive $40 per kindergarten through grade 12
26        ASE.

 

 

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1            (N) Professional development investments. Each
2        Organizational Unit shall receive $125 per student of
3        the combined ASE of pre-kindergarten children with
4        disabilities and all kindergarten through grade 12
5        students for trainers and other professional
6        development-related expenses for supplies and
7        materials.
8            (O) Instructional material investments. Each
9        Organizational Unit shall receive $190 per student of
10        the combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 12
12        students to cover instructional material costs.
13            (P) Assessment investments. Each Organizational
14        Unit shall receive $25 per student of the combined ASE
15        of pre-kindergarten children with disabilities and all
16        kindergarten through grade 12 students student to
17        cover assessment costs.
18            (Q) Computer technology and equipment investments.
19        Each Organizational Unit shall receive $285.50 per
20        student of the combined ASE of pre-kindergarten
21        children with disabilities and all kindergarten
22        through grade 12 students to cover computer technology
23        and equipment costs. For the 2018-2019 school year and
24        subsequent school years, Organizational Units assigned
25        to Tier 1 and Tier 2 in the prior school year shall
26        receive an additional $285.50 per student of the

 

 

10100SB1569ham002- 76 -LRB101 09273 NHT 72142 a

1        combined ASE of pre-kindergarten children with
2        disabilities and all kindergarten through grade 12
3        students to cover computer technology and equipment
4        costs in the Organizational Organization Unit's
5        Adequacy Target. The State Board may establish
6        additional requirements for Organizational Unit
7        expenditures of funds received pursuant to this
8        subparagraph (Q), including a requirement that funds
9        received pursuant to this subparagraph (Q) may be used
10        only for serving the technology needs of the district.
11        It is the intent of Public Act 100-465 this amendatory
12        Act of the 100th General Assembly that all Tier 1 and
13        Tier 2 districts receive the addition to their Adequacy
14        Target in the following year, subject to compliance
15        with the requirements of the State Board.
16            (R) Student activities investments. Each
17        Organizational Unit shall receive the following
18        funding amounts to cover student activities: $100 per
19        kindergarten through grade 5 ASE student in elementary
20        school, plus $200 per ASE student in middle school,
21        plus $675 per ASE student in high school.
22            (S) Maintenance and operations investments. Each
23        Organizational Unit shall receive $1,038 per student
24        of the combined ASE of pre-kindergarten children with
25        disabilities and all kindergarten through grade 12
26        students for day-to-day maintenance and operations

 

 

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1        expenditures, including salary, supplies, and
2        materials, as well as purchased services, but
3        excluding employee benefits. The proportion of salary
4        for the application of a Regionalization Factor and the
5        calculation of benefits is equal to $352.92.
6            (T) Central office investments. Each
7        Organizational Unit shall receive $742 per student of
8        the combined ASE of pre-kindergarten children with
9        disabilities and all kindergarten through grade 12
10        students to cover central office operations, including
11        administrators and classified personnel charged with
12        managing the instructional programs, business and
13        operations of the school district, and security
14        personnel. The proportion of salary for the
15        application of a Regionalization Factor and the
16        calculation of benefits is equal to $368.48.
17            (U) Employee benefit investments. Each
18        Organizational Unit shall receive 30% of the total of
19        all salary-calculated elements of the Adequacy Target,
20        excluding substitute teachers and student activities
21        investments, to cover benefit costs. For central
22        office and maintenance and operations investments, the
23        benefit calculation shall be based upon the salary
24        proportion of each investment. If at any time the
25        responsibility for funding the employer normal cost of
26        teacher pensions is assigned to school districts, then

 

 

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1        that amount certified by the Teachers' Retirement
2        System of the State of Illinois to be paid by the
3        Organizational Unit for the preceding school year
4        shall be added to the benefit investment. For any
5        fiscal year in which a school district organized under
6        Article 34 of this Code is responsible for paying the
7        employer normal cost of teacher pensions, then that
8        amount of its employer normal cost plus the amount for
9        retiree health insurance as certified by the Public
10        School Teachers' Pension and Retirement Fund of
11        Chicago to be paid by the school district for the
12        preceding school year that is statutorily required to
13        cover employer normal costs and the amount for retiree
14        health insurance shall be added to the 30% specified in
15        this subparagraph (U). The Teachers' Retirement System
16        of the State of Illinois and the Public School
17        Teachers' Pension and Retirement Fund of Chicago shall
18        submit such information as the State Superintendent
19        may require for the calculations set forth in this
20        subparagraph (U).
21            (V) Additional investments in low-income students.
22        In addition to and not in lieu of all other funding
23        under this paragraph (2), each Organizational Unit
24        shall receive funding based on the average teacher
25        salary for grades K through 12 to cover the costs of:
26                (i) one FTE intervention teacher (tutor)

 

 

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1            position for every 125 Low-Income Count students;
2                (ii) one FTE pupil support staff position for
3            every 125 Low-Income Count students;
4                (iii) one FTE extended day teacher position
5            for every 120 Low-Income Count students; and
6                (iv) one FTE summer school teacher position
7            for every 120 Low-Income Count students.
8            (W) Additional investments in English learner
9        students. In addition to and not in lieu of all other
10        funding under this paragraph (2), each Organizational
11        Unit shall receive funding based on the average teacher
12        salary for grades K through 12 to cover the costs of:
13                (i) one FTE intervention teacher (tutor)
14            position for every 125 English learner students;
15                (ii) one FTE pupil support staff position for
16            every 125 English learner students;
17                (iii) one FTE extended day teacher position
18            for every 120 English learner students;
19                (iv) one FTE summer school teacher position
20            for every 120 English learner students; and
21                (v) one FTE core teacher position for every 100
22            English learner students.
23            (X) Special education investments. Each
24        Organizational Unit shall receive funding based on the
25        average teacher salary for grades K through 12 to cover
26        special education as follows:

 

 

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1                (i) one FTE teacher position for every 141
2            combined ASE of pre-kindergarten children with
3            disabilities and all kindergarten through grade 12
4            students;
5                (ii) one FTE instructional assistant for every
6            141 combined ASE of pre-kindergarten children with
7            disabilities and all kindergarten through grade 12
8            students; and
9                (iii) one FTE psychologist position for every
10            1,000 combined ASE of pre-kindergarten children
11            with disabilities and all kindergarten through
12            grade 12 students.
13        (3) For calculating the salaries included within the
14    Essential Elements, the State Superintendent shall
15    annually calculate average salaries to the nearest dollar
16    using the employment information system data maintained by
17    the State Board, limited to public schools only and
18    excluding special education and vocational cooperatives,
19    schools operated by the Department of Juvenile Justice, and
20    charter schools, for the following positions:
21            (A) Teacher for grades K through 8.
22            (B) Teacher for grades 9 through 12.
23            (C) Teacher for grades K through 12.
24            (D) Guidance counselor for grades K through 8.
25            (E) Guidance counselor for grades 9 through 12.
26            (F) Guidance counselor for grades K through 12.

 

 

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1            (G) Social worker.
2            (H) Psychologist.
3            (I) Librarian.
4            (J) Nurse.
5            (K) Principal.
6            (L) Assistant principal.
7        For the purposes of this paragraph (3), "teacher"
8    includes core teachers, specialist and elective teachers,
9    instructional facilitators, tutors, special education
10    teachers, pupil support staff teachers, English learner
11    teachers, extended day extended-day teachers, and summer
12    school teachers. Where specific grade data is not required
13    for the Essential Elements, the average salary for
14    corresponding positions shall apply. For substitute
15    teachers, the average teacher salary for grades K through
16    12 shall apply.
17        For calculating the salaries included within the
18    Essential Elements for positions not included within EIS
19    Data, the following salaries shall be used in the first
20    year of implementation of Evidence-Based Funding:
21            (i) school site staff, $30,000; and
22            (ii) non-instructional assistant, instructional
23        assistant, library aide, library media tech, or
24        supervisory aide: $25,000.
25        In the second and subsequent years of implementation of
26    Evidence-Based Funding, the amounts in items (i) and (ii)

 

 

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1    of this paragraph (3) shall annually increase by the ECI.
2        The salary amounts for the Essential Elements
3    determined pursuant to subparagraphs (A) through (L), (S)
4    and (T), and (V) through (X) of paragraph (2) of subsection
5    (b) of this Section shall be multiplied by a
6    Regionalization Factor.
7    (c) Local Capacity capacity calculation.
8        (1) Each Organizational Unit's Local Capacity
9    represents an amount of funding it is assumed to contribute
10    toward its Adequacy Target for purposes of the
11    Evidence-Based Funding formula calculation. "Local
12    Capacity" means either (i) the Organizational Unit's Local
13    Capacity Target as calculated in accordance with paragraph
14    (2) of this subsection (c) if its Real Receipts are equal
15    to or less than its Local Capacity Target or (ii) the
16    Organizational Unit's Adjusted Local Capacity, as
17    calculated in accordance with paragraph (3) of this
18    subsection (c) if Real Receipts are more than its Local
19    Capacity Target.
20        (2) "Local Capacity Target" means, for an
21    Organizational Unit, that dollar amount that is obtained by
22    multiplying its Adequacy Target by its Local Capacity
23    Ratio.
24            (A) An Organizational Unit's Local Capacity
25        Percentage is the conversion of the Organizational
26        Unit's Local Capacity Ratio, as such ratio is

 

 

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1        determined in accordance with subparagraph (B) of this
2        paragraph (2), into a cumulative distribution
3        resulting in a percentile ranking to determine each
4        Organizational Unit's relative position to all other
5        Organizational Units in this State. The calculation of
6        Local Capacity Percentage is described in subparagraph
7        (C) of this paragraph (2).
8            (B) An Organizational Unit's Local Capacity Ratio
9        in a given year is the percentage obtained by dividing
10        its Adjusted EAV or PTELL EAV, whichever is less, by
11        its Adequacy Target, with the resulting ratio further
12        adjusted as follows:
13                (i) for Organizational Units serving grades
14            kindergarten through 12 and Hybrid Districts, no
15            further adjustments shall be made;
16                (ii) for Organizational Units serving grades
17            kindergarten through 8, the ratio shall be
18            multiplied by 9/13;
19                (iii) for Organizational Units serving grades
20            9 through 12, the Local Capacity Ratio shall be
21            multiplied by 4/13; and
22                (iv) for an Organizational Unit with a
23            different grade configuration than those specified
24            in items (i) through (iii) of this subparagraph
25            (B), the State Superintendent shall determine a
26            comparable adjustment based on the grades served.

 

 

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1            (C) The Local Capacity Percentage is equal to the
2        percentile ranking of the district. Local Capacity
3        Percentage converts each Organizational Unit's Local
4        Capacity Ratio to a cumulative distribution resulting
5        in a percentile ranking to determine each
6        Organizational Unit's relative position to all other
7        Organizational Units in this State. The Local Capacity
8        Percentage cumulative distribution resulting in a
9        percentile ranking for each Organizational Unit shall
10        be calculated using the standard normal distribution
11        of the score in relation to the weighted mean and
12        weighted standard deviation and Local Capacity Ratios
13        of all Organizational Units. If the value assigned to
14        any Organizational Unit is in excess of 90%, the value
15        shall be adjusted to 90%. For Laboratory Schools, the
16        Local Capacity Percentage shall be set at 10% in
17        recognition of the absence of EAV and resources from
18        the public university that are allocated to the
19        Laboratory School. For programs operated by a regional
20        office of education or an intermediate service center,
21        the Local Capacity Percentage must be set at 10% in
22        recognition of the absence of EAV and resources from
23        school districts that are allocated to the regional
24        office of education or intermediate service center.
25        The weighted mean for the Local Capacity Percentage
26        shall be determined by multiplying each Organizational

 

 

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1        Unit's Local Capacity Ratio times the ASE for the unit
2        creating a weighted value, summing the weighted values
3        of all Organizational Units, and dividing by the total
4        ASE of all Organizational Units. The weighted standard
5        deviation shall be determined by taking the square root
6        of the weighted variance of all Organizational Units'
7        Local Capacity Ratio, where the variance is calculated
8        by squaring the difference between each unit's Local
9        Capacity Ratio and the weighted mean, then multiplying
10        the variance for each unit times the ASE for the unit
11        to create a weighted variance for each unit, then
12        summing all units' weighted variance and dividing by
13        the total ASE of all units.
14            (D) For any Organizational Unit, the
15        Organizational Unit's Adjusted Local Capacity Target
16        shall be reduced by either (i) the school board's
17        remaining contribution pursuant to paragraph (ii) of
18        subsection (b-4) of Section 16-158 of the Illinois
19        Pension Code in a given year, or (ii) the board of
20        education's remaining contribution pursuant to
21        paragraph (iv) of subsection (b) of Section 17-129 of
22        the Illinois Pension Code absent the employer normal
23        cost portion of the required contribution and amount
24        allowed pursuant to subdivision (3) of Section
25        17-142.1 of the Illinois Pension Code in a given year.
26        In the preceding sentence, item (i) shall be certified

 

 

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1        to the State Board of Education by the Teachers'
2        Retirement System of the State of Illinois and item
3        (ii) shall be certified to the State Board of Education
4        by the Public School Teachers' Pension and Retirement
5        Fund of the City of Chicago.
6        (3) If an Organizational Unit's Real Receipts are more
7    than its Local Capacity Target, then its Local Capacity
8    shall equal an Adjusted Local Capacity Target as calculated
9    in accordance with this paragraph (3). The Adjusted Local
10    Capacity Target is calculated as the sum of the
11    Organizational Unit's Local Capacity Target and its Real
12    Receipts Adjustment. The Real Receipts Adjustment equals
13    the Organizational Unit's Real Receipts less its Local
14    Capacity Target, with the resulting figure multiplied by
15    the Local Capacity Percentage.
16        As used in this paragraph (3), "Real Percent of
17    Adequacy" means the sum of an Organizational Unit's Real
18    Receipts, CPPRT, and Base Funding Minimum, with the
19    resulting figure divided by the Organizational Unit's
20    Adequacy Target.
21    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
22purposes of the Local Capacity calculation.
23        (1) An Organizational Unit's Real Receipts are the
24    product of its Applicable Tax Rate and its Adjusted EAV. An
25    Organizational Unit's Applicable Tax Rate is its Adjusted
26    Operating Tax Rate for property within the Organizational

 

 

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1    Unit.
2        (2) The State Superintendent shall calculate the
3    equalized assessed valuation Equalized Assessed Valuation,
4    or EAV, of all taxable property of each Organizational Unit
5    as of September 30 of the previous year in accordance with
6    paragraph (3) of this subsection (d). The State
7    Superintendent shall then determine the Adjusted EAV of
8    each Organizational Unit in accordance with paragraph (4)
9    of this subsection (d), which Adjusted EAV figure shall be
10    used for the purposes of calculating Local Capacity.
11        (3) To calculate Real Receipts and EAV, the Department
12    of Revenue shall supply to the State Superintendent the
13    value as equalized or assessed by the Department of Revenue
14    of all taxable property of every Organizational Unit,
15    together with (i) the applicable tax rate used in extending
16    taxes for the funds of the Organizational Unit as of
17    September 30 of the previous year and (ii) the limiting
18    rate for all Organizational Units subject to property tax
19    extension limitations as imposed under PTELL.
20            (A) The Department of Revenue shall add to the
21        equalized assessed value of all taxable property of
22        each Organizational Unit situated entirely or
23        partially within a county that is or was subject to the
24        provisions of Section 15-176 or 15-177 of the Property
25        Tax Code (i) an amount equal to the total amount by
26        which the homestead exemption allowed under Section

 

 

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1        15-176 or 15-177 of the Property Tax Code for real
2        property situated in that Organizational Unit exceeds
3        the total amount that would have been allowed in that
4        Organizational Unit if the maximum reduction under
5        Section 15-176 was (I) $4,500 in Cook County or $3,500
6        in all other counties in tax year 2003 or (II) $5,000
7        in all counties in tax year 2004 and thereafter and
8        (ii) an amount equal to the aggregate amount for the
9        taxable year of all additional exemptions under
10        Section 15-175 of the Property Tax Code for owners with
11        a household income of $30,000 or less. The county clerk
12        of any county that is or was subject to the provisions
13        of Section 15-176 or 15-177 of the Property Tax Code
14        shall annually calculate and certify to the Department
15        of Revenue for each Organizational Unit all homestead
16        exemption amounts under Section 15-176 or 15-177 of the
17        Property Tax Code and all amounts of additional
18        exemptions under Section 15-175 of the Property Tax
19        Code for owners with a household income of $30,000 or
20        less. It is the intent of this subparagraph (A) that if
21        the general homestead exemption for a parcel of
22        property is determined under Section 15-176 or 15-177
23        of the Property Tax Code rather than Section 15-175,
24        then the calculation of EAV shall not be affected by
25        the difference, if any, between the amount of the
26        general homestead exemption allowed for that parcel of

 

 

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1        property under Section 15-176 or 15-177 of the Property
2        Tax Code and the amount that would have been allowed
3        had the general homestead exemption for that parcel of
4        property been determined under Section 15-175 of the
5        Property Tax Code. It is further the intent of this
6        subparagraph (A) that if additional exemptions are
7        allowed under Section 15-175 of the Property Tax Code
8        for owners with a household income of less than
9        $30,000, then the calculation of EAV shall not be
10        affected by the difference, if any, because of those
11        additional exemptions.
12            (B) With respect to any part of an Organizational
13        Unit within a redevelopment project area in respect to
14        which a municipality has adopted tax increment
15        allocation financing pursuant to the Tax Increment
16        Allocation Redevelopment Act, Division 74.4 of Article
17        11 of the Illinois Municipal Code, or the Industrial
18        Jobs Recovery Law, Division 74.6 of Article 11 of the
19        Illinois Municipal Code, no part of the current EAV of
20        real property located in any such project area that
21        which is attributable to an increase above the total
22        initial EAV of such property shall be used as part of
23        the EAV of the Organizational Unit, until such time as
24        all redevelopment project costs have been paid, as
25        provided in Section 11-74.4-8 of the Tax Increment
26        Allocation Redevelopment Act or in Section 11-74.6-35

 

 

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1        of the Industrial Jobs Recovery Law. For the purpose of
2        the EAV of the Organizational Unit, the total initial
3        EAV or the current EAV, whichever is lower, shall be
4        used until such time as all redevelopment project costs
5        have been paid.
6            (B-5) The real property equalized assessed
7        valuation for a school district shall be adjusted by
8        subtracting from the real property value, as equalized
9        or assessed by the Department of Revenue, for the
10        district an amount computed by dividing the amount of
11        any abatement of taxes under Section 18-170 of the
12        Property Tax Code by 3.00% for a district maintaining
13        grades kindergarten through 12, by 2.30% for a district
14        maintaining grades kindergarten through 8, or by 1.05%
15        for a district maintaining grades 9 through 12 and
16        adjusted by an amount computed by dividing the amount
17        of any abatement of taxes under subsection (a) of
18        Section 18-165 of the Property Tax Code by the same
19        percentage rates for district type as specified in this
20        subparagraph (B-5).
21            (C) For Organizational Units that are Hybrid
22        Districts, the State Superintendent shall use the
23        lesser of the adjusted equalized assessed valuation
24        for property within the partial elementary unit
25        district for elementary purposes, as defined in
26        Article 11E of this Code, or the adjusted equalized

 

 

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1        assessed valuation for property within the partial
2        elementary unit district for high school purposes, as
3        defined in Article 11E of this Code.
4        (4) An Organizational Unit's Adjusted EAV shall be the
5    average of its EAV over the immediately preceding 3 years
6    or its EAV in the immediately preceding year if the EAV in
7    the immediately preceding year has declined by 10% or more
8    compared to the 3-year average. In the event of
9    Organizational Unit reorganization, consolidation, or
10    annexation, the Organizational Unit's Adjusted EAV for the
11    first 3 years after such change shall be as follows: the
12    most current EAV shall be used in the first year, the
13    average of a 2-year EAV or its EAV in the immediately
14    preceding year if the EAV declines by 10% or more compared
15    to the 2-year average for the second year, and a 3-year
16    average EAV or its EAV in the immediately preceding year if
17    the Adjusted adjusted EAV declines by 10% or more compared
18    to the 3-year average for the third year. For any school
19    district whose EAV in the immediately preceding year is
20    used in calculations, in the following year, the Adjusted
21    EAV shall be the average of its EAV over the immediately
22    preceding 2 years or the immediately preceding year if that
23    year represents a decline of 10% or more compared to the
24    2-year average.
25        "PTELL EAV" means a figure calculated by the State
26    Board for Organizational Units subject to PTELL as

 

 

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1    described in this paragraph (4) for the purposes of
2    calculating an Organizational Unit's Local Capacity Ratio.
3    Except as otherwise provided in this paragraph (4), the
4    PTELL EAV of an Organizational Unit shall be equal to the
5    product of the equalized assessed valuation last used in
6    the calculation of general State aid under Section 18-8.05
7    of this Code (now repealed) or Evidence-Based Funding under
8    this Section and the Organizational Unit's Extension
9    Limitation Ratio. If an Organizational Unit has approved or
10    does approve an increase in its limiting rate, pursuant to
11    Section 18-190 of the Property Tax Code, affecting the Base
12    Tax Year, the PTELL EAV shall be equal to the product of
13    the equalized assessed valuation last used in the
14    calculation of general State aid under Section 18-8.05 of
15    this Code (now repealed) or Evidence-Based Funding under
16    this Section multiplied by an amount equal to one plus the
17    percentage increase, if any, in the Consumer Price Index
18    for All Urban Consumers for all items published by the
19    United States Department of Labor for the 12-month calendar
20    year preceding the Base Tax Year, plus the equalized
21    assessed valuation of new property, annexed property, and
22    recovered tax increment value and minus the equalized
23    assessed valuation of disconnected property.
24        As used in this paragraph (4), "new property" and
25    "recovered tax increment value" shall have the meanings set
26    forth in the Property Tax Extension Limitation Law.

 

 

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1    (e) Base Funding Minimum calculation.
2        (1) For the 2017-2018 school year, the Base Funding
3    Minimum of an Organizational Unit or a Specially Funded
4    Unit shall be the amount of State funds distributed to the
5    Organizational Unit or Specially Funded Unit during the
6    2016-2017 school year prior to any adjustments and
7    specified appropriation amounts described in this
8    paragraph (1) from the following Sections, as calculated by
9    the State Superintendent: Section 18-8.05 of this Code (now
10    repealed); Section 5 of Article 224 of Public Act 99-524
11    (equity grants); Section 14-7.02b of this Code (funding for
12    children requiring special education services); Section
13    14-13.01 of this Code (special education facilities and
14    staffing), except for reimbursement of the cost of
15    transportation pursuant to Section 14-13.01; Section
16    14C-12 of this Code (English learners); and Section 18-4.3
17    of this Code (summer school), based on an appropriation
18    level of $13,121,600. For a school district organized under
19    Article 34 of this Code, the Base Funding Minimum also
20    includes (i) the funds allocated to the school district
21    pursuant to Section 1D-1 of this Code attributable to
22    funding programs authorized by the Sections of this Code
23    listed in the preceding sentence; and (ii) the difference
24    between (I) the funds allocated to the school district
25    pursuant to Section 1D-1 of this Code attributable to the
26    funding programs authorized by Section 14-7.02 (non-public

 

 

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1    special education reimbursement), subsection (b) of
2    Section 14-13.01 (special education transportation),
3    Section 29-5 (transportation), Section 2-3.80
4    (agricultural education), Section 2-3.66 (truants'
5    alternative education), Section 2-3.62 (educational
6    service centers), and Section 14-7.03 (special education -
7    orphanage) of this Code and Section 15 of the Childhood
8    Hunger Relief Act (free breakfast program) and (II) the
9    school district's actual expenditures for its non-public
10    special education, special education transportation,
11    transportation programs, agricultural education, truants'
12    alternative education, services that would otherwise be
13    performed by a regional office of education, special
14    education orphanage expenditures, and free breakfast, as
15    most recently calculated and reported pursuant to
16    subsection (f) of Section 1D-1 of this Code. The Base
17    Funding Minimum for Glenwood Academy shall be $625,500. For
18    programs operated by a regional office of education or an
19    intermediate service center, the Base Funding Minimum must
20    be the total amount of State funds allocated to those
21    programs in the 2018-2019 school year and amounts provided
22    pursuant to Article 34 of Public Act 100-586 and Section
23    3-16 of this Code. All programs established after June 5,
24    2019 (the effective date of Public Act 101-10) this
25    amendatory Act of the 101st General Assembly and
26    administered by a regional office of education or an

 

 

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1    intermediate service center must have an initial Base
2    Funding Minimum set to an amount equal to the first-year
3    ASE multiplied by the amount of per pupil funding received
4    in the previous school year by the lowest funded similar
5    existing program type. If the enrollment for a program
6    operated by a regional office of education or an
7    intermediate service center is zero, then it may not
8    receive Base Funding Minimum funds for that program in the
9    next fiscal year, and those funds must be distributed to
10    Organizational Units under subsection (g).
11        (2) For the 2018-2019 and subsequent school years, the
12    Base Funding Minimum of Organizational Units and Specially
13    Funded Units shall be the sum of (i) the amount of
14    Evidence-Based Funding for the prior school year, (ii) the
15    Base Funding Minimum for the prior school year, and (iii)
16    any amount received by a school district pursuant to
17    Section 7 of Article 97 of Public Act 100-21.
18        (3) Subject to approval by the General Assembly as
19    provided in this paragraph (3), an Organizational Unit that
20    meets all of the following criteria, as determined by the
21    State Board, shall have District Intervention Money added
22    to its Base Funding Minimum at the time the Base Funding
23    Minimum is calculated by the State Board:
24            (A) The Organizational Unit is operating under an
25        Independent Authority under Section 2-3.25f-5 of this
26        Code for a minimum of 4 school years or is subject to

 

 

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1        the control of the State Board pursuant to a court
2        order for a minimum of 4 school years.
3            (B) The Organizational Unit was designated as a
4        Tier 1 or Tier 2 Organizational Unit in the previous
5        school year under paragraph (3) of subsection (g) of
6        this Section.
7            (C) The Organizational Unit demonstrates
8        sustainability through a 5-year financial and
9        strategic plan.
10            (D) The Organizational Unit has made sufficient
11        progress and achieved sufficient stability in the
12        areas of governance, academic growth, and finances.
13        As part of its determination under this paragraph (3),
14    the State Board may consider the Organizational Unit's
15    summative designation, any accreditations of the
16    Organizational Unit, or the Organizational Unit's
17    financial profile, as calculated by the State Board.
18        If the State Board determines that an Organizational
19    Unit has met the criteria set forth in this paragraph (3),
20    it must submit a report to the General Assembly, no later
21    than January 2 of the fiscal year in which the State Board
22    makes it determination, on the amount of District
23    Intervention Money to add to the Organizational Unit's Base
24    Funding Minimum. The General Assembly must review the State
25    Board's report and may approve or disapprove, by joint
26    resolution, the addition of District Intervention Money.

 

 

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1    If the General Assembly fails to act on the report within
2    40 calendar days from the receipt of the report, the
3    addition of District Intervention Money is deemed
4    approved. If the General Assembly approves the amount of
5    District Intervention Money to be added to the
6    Organizational Unit's Base Funding Minimum, the District
7    Intervention Money must be added to the Base Funding
8    Minimum annually thereafter.
9        For the first 4 years following the initial year that
10    the State Board determines that an Organizational Unit has
11    met the criteria set forth in this paragraph (3) and has
12    received funding under this Section, the Organizational
13    Unit must annually submit to the State Board, on or before
14    November 30, a progress report regarding its financial and
15    strategic plan under subparagraph (C) of this paragraph
16    (3). The plan shall include the financial data from the
17    past 4 annual financial reports or financial audits that
18    must be presented to the State Board by November 15 of each
19    year and the approved budget financial data for the current
20    year. The plan shall be developed according to the
21    guidelines presented to the Organizational Unit by the
22    State Board. The plan shall further include financial
23    projections for the next 3 fiscal years and include a
24    discussion and financial summary of the Organizational
25    Unit's facility needs. If the Organizational Unit does not
26    demonstrate sufficient progress toward its 5-year plan or

 

 

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1    if it has failed to file an annual financial report, an
2    annual budget, a financial plan, a deficit reduction plan,
3    or other financial information as required by law, the
4    State Board may establish a Financial Oversight Panel under
5    Article 1H of this Code. However, if the Organizational
6    Unit already has a Financial Oversight Panel, the State
7    Board may extend the duration of the Panel.
8    (f) Percent of Adequacy and Final Resources calculation.
9        (1) The Evidence-Based Funding formula establishes a
10    Percent of Adequacy for each Organizational Unit in order
11    to place such units into tiers for the purposes of the
12    funding distribution system described in subsection (g) of
13    this Section. Initially, an Organizational Unit's
14    Preliminary Resources and Preliminary Percent of Adequacy
15    are calculated pursuant to paragraph (2) of this subsection
16    (f). Then, an Organizational Unit's Final Resources and
17    Final Percent of Adequacy are calculated to account for the
18    Organizational Unit's poverty concentration levels
19    pursuant to paragraphs (3) and (4) of this subsection (f).
20        (2) An Organizational Unit's Preliminary Resources are
21    equal to the sum of its Local Capacity Target, CPPRT, and
22    Base Funding Minimum. An Organizational Unit's Preliminary
23    Percent of Adequacy is the lesser of (i) its Preliminary
24    Resources divided by its Adequacy Target or (ii) 100%.
25        (3) Except for Specially Funded Units, an
26    Organizational Unit's Final Resources are equal the sum of

 

 

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1    its Local Capacity, CPPRT, and Adjusted Base Funding
2    Minimum. The Base Funding Minimum of each Specially Funded
3    Unit shall serve as its Final Resources, except that the
4    Base Funding Minimum for State-approved charter schools
5    shall not include any portion of general State aid
6    allocated in the prior year based on the per capita tuition
7    charge times the charter school enrollment.
8        (4) An Organizational Unit's Final Percent of Adequacy
9    is its Final Resources divided by its Adequacy Target. An
10    Organizational Unit's Adjusted Base Funding Minimum is
11    equal to its Base Funding Minimum less its Supplemental
12    Grant Funding, with the resulting figure added to the
13    product of its Supplemental Grant Funding and Preliminary
14    Percent of Adequacy.
15    (g) Evidence-Based Funding formula distribution system.
16        (1) In each school year under the Evidence-Based
17    Funding formula, each Organizational Unit receives funding
18    equal to the sum of its Base Funding Minimum and the unit's
19    allocation of New State Funds determined pursuant to this
20    subsection (g). To allocate New State Funds, the
21    Evidence-Based Funding formula distribution system first
22    places all Organizational Units into one of 4 tiers in
23    accordance with paragraph (3) of this subsection (g), based
24    on the Organizational Unit's Final Percent of Adequacy. New
25    State Funds are allocated to each of the 4 tiers as
26    follows: Tier 1 Aggregate Funding equals 50% of all New

 

 

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1    State Funds, Tier 2 Aggregate Funding equals 49% of all New
2    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
3    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
4    of all New State Funds. Each Organizational Unit within
5    Tier 1 or Tier 2 receives an allocation of New State Funds
6    equal to its tier Funding Gap, as defined in the following
7    sentence, multiplied by the tier's Allocation Rate
8    determined pursuant to paragraph (4) of this subsection
9    (g). For Tier 1, an Organizational Unit's Funding Gap
10    equals the tier's Target Ratio, as specified in paragraph
11    (5) of this subsection (g), multiplied by the
12    Organizational Unit's Adequacy Target, with the resulting
13    amount reduced by the Organizational Unit's Final
14    Resources. For Tier 2, an Organizational Unit's Funding Gap
15    equals the tier's Target Ratio, as described in paragraph
16    (5) of this subsection (g), multiplied by the
17    Organizational Unit's Adequacy Target, with the resulting
18    amount reduced by the Organizational Unit's Final
19    Resources and its Tier 1 funding allocation. To determine
20    the Organizational Unit's Funding Gap, the resulting
21    amount is then multiplied by a factor equal to one minus
22    the Organizational Unit's Local Capacity Target
23    percentage. Each Organizational Unit within Tier 3 or Tier
24    4 receives an allocation of New State Funds equal to the
25    product of its Adequacy Target and the tier's Allocation
26    Rate, as specified in paragraph (4) of this subsection (g).

 

 

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1        (2) To ensure equitable distribution of dollars for all
2    Tier 2 Organizational Units, no Tier 2 Organizational Unit
3    shall receive fewer dollars per ASE than any Tier 3
4    Organizational Unit. Each Tier 2 and Tier 3 Organizational
5    Unit shall have its funding allocation divided by its ASE.
6    Any Tier 2 Organizational Unit with a funding allocation
7    per ASE below the greatest Tier 3 allocation per ASE shall
8    get a funding allocation equal to the greatest Tier 3
9    funding allocation per ASE multiplied by the
10    Organizational Unit's ASE. Each Tier 2 Organizational
11    Unit's Tier 2 funding allocation shall be multiplied by the
12    percentage calculated by dividing the original Tier 2
13    Aggregate Funding by the sum of all Tier 2 Organizational
14    Units' Unit's Tier 2 funding allocation after adjusting
15    districts' funding below Tier 3 levels.
16        (3) Organizational Units are placed into one of 4 tiers
17    as follows:
18            (A) Tier 1 consists of all Organizational Units,
19        except for Specially Funded Units, with a Percent of
20        Adequacy less than the Tier 1 Target Ratio. The Tier 1
21        Target Ratio is the ratio level that allows for Tier 1
22        Aggregate Funding to be distributed, with the Tier 1
23        Allocation Rate determined pursuant to paragraph (4)
24        of this subsection (g).
25            (B) Tier 2 consists of all Tier 1 Units and all
26        other Organizational Units, except for Specially

 

 

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

 

 

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1            (A) The Tier 1 Target Ratio is the ratio level that
2        allows for Tier 1 Aggregate Funding to be distributed
3        with the Tier 1 Allocation Rate.
4            (B) The Tier 2 Target Ratio is 0.90.
5            (C) The Tier 3 Target Ratio is 1.0.
6        (6) If, at any point, the Tier 1 Target Ratio is
7    greater than 90%, than all Tier 1 funding shall be
8    allocated to Tier 2 and no Tier 1 Organizational Unit's
9    funding may be identified.
10        (7) In the event that all Tier 2 Organizational Units
11    receive funding at the Tier 2 Target Ratio level, any
12    remaining New State Funds shall be allocated to Tier 3 and
13    Tier 4 Organizational Units.
14        (8) If any Specially Funded Units, excluding Glenwood
15    Academy, recognized by the State Board do not qualify for
16    direct funding following the implementation of Public Act
17    100-465 this amendatory Act of the 100th General Assembly
18    from any of the funding sources included within the
19    definition of Base Funding Minimum, the unqualified
20    portion of the Base Funding Minimum shall be transferred to
21    one or more appropriate Organizational Units as determined
22    by the State Superintendent based on the prior year ASE of
23    the Organizational Units.
24        (8.5) If a school district withdraws from a special
25    education cooperative, the portion of the Base Funding
26    Minimum that is attributable to the school district may be

 

 

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1    redistributed to the school district upon withdrawal. The
2    school district and the cooperative must include the amount
3    of the Base Funding Minimum that is to be reapportioned
4    re-apportioned in their withdrawal agreement and notify
5    the State Board of the change with a copy of the agreement
6    upon withdrawal.
7        (9) The Minimum Funding Level is intended to establish
8    a target for State funding that will keep pace with
9    inflation and continue to advance equity through the
10    Evidence-Based Funding formula. The target for State
11    funding of New Property Tax Relief Pool Funds is
12    $50,000,000 for State fiscal year 2019 and subsequent State
13    fiscal years. The Minimum Funding Level is equal to
14    $350,000,000. In addition to any New State Funds, no more
15    than $50,000,000 New Property Tax Relief Pool Funds may be
16    counted toward towards the Minimum Funding Level. If the
17    sum of New State Funds and applicable New Property Tax
18    Relief Pool Funds are less than the Minimum Funding Level,
19    than funding for tiers shall be reduced in the following
20    manner:
21            (A) First, Tier 4 funding shall be reduced by an
22        amount equal to the difference between the Minimum
23        Funding Level and New State Funds until such time as
24        Tier 4 funding is exhausted.
25            (B) Next, Tier 3 funding shall be reduced by an
26        amount equal to the difference between the Minimum

 

 

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1        Funding Level and New State Funds and the reduction in
2        Tier 4 funding until such time as Tier 3 funding is
3        exhausted.
4            (C) Next, Tier 2 funding shall be reduced by an
5        amount equal to the difference between the Minimum
6        Funding Level level and New new State Funds and the
7        reduction in Tier 4 and Tier 3.
8            (D) Finally, Tier 1 funding shall be reduced by an
9        amount equal to the difference between the Minimum
10        Funding level and New State Funds and the reduction in
11        Tier 2, 3, and 4 funding. In addition, the Allocation
12        Rate for Tier 1 shall be reduced to a percentage equal
13        to the Tier 1 Allocation Rate allocation rate set by
14        paragraph (4) of this subsection (g), multiplied by the
15        result of New State Funds divided by the Minimum
16        Funding Level.
17        (9.5) For State fiscal year 2019 and subsequent State
18    fiscal years, if New State Funds exceed $300,000,000, then
19    any amount in excess of $300,000,000 shall be dedicated for
20    purposes of Section 2-3.170 of this Code up to a maximum of
21    $50,000,000.
22        (10) In the event of a decrease in the amount of the
23    appropriation for this Section in any fiscal year after
24    implementation of this Section, the Organizational Units
25    receiving Tier 1 and Tier 2 funding, as determined under
26    paragraph (3) of this subsection (g), shall be held

 

 

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

 

 

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1        (1) The State Superintendent shall, in accordance with
2    appropriations made by the General Assembly, meet the
3    funding obligations created under this Section.
4        (2) The State Superintendent shall calculate the
5    Adequacy Target for each Organizational Unit and Net State
6    Contribution Target for each Organizational Unit under
7    this Section. No Evidence-Based Funding shall be
8    distributed within an Organizational Unit without the
9    approval of the unit's school board.
10        (3) Annually, the State Superintendent shall calculate
11    and report to each Organizational Unit the unit's aggregate
12    financial adequacy amount, which shall be the sum of the
13    Adequacy Target for each Organizational Unit. The State
14    Superintendent shall calculate and report separately for
15    each Organizational Unit the unit's total State funds
16    allocated for its students with disabilities. The State
17    Superintendent shall calculate and report separately for
18    each Organizational Unit the amount of funding and
19    applicable FTE calculated for each Essential Element of the
20    unit's Adequacy Target.
21        (4) Annually, the State Superintendent shall calculate
22    and report to each Organizational Unit the amount the unit
23    must expend on special education and bilingual education
24    and computer technology and equipment for Organizational
25    Units assigned to Tier 1 or Tier 2 that received an
26    additional $285.50 per student computer technology and

 

 

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1    equipment investment grant to their Adequacy Target
2    pursuant to the unit's Base Funding Minimum, Special
3    Education Allocation, Bilingual Education Allocation, and
4    computer technology and equipment investment allocation.
5        (5) Moneys distributed under this Section shall be
6    calculated on a school year basis, but paid on a fiscal
7    year basis, with payments beginning in August and extending
8    through June. Unless otherwise provided, the moneys
9    appropriated for each fiscal year shall be distributed in
10    22 equal payments at least 2 times monthly to each
11    Organizational Unit. If moneys appropriated for any fiscal
12    year are distributed other than monthly, the distribution
13    shall be on the same basis for each Organizational Unit.
14        (6) Any school district that fails, for any given
15    school year, to maintain school as required by law or to
16    maintain a recognized school is not eligible to receive
17    Evidence-Based Funding. In case of non-recognition of one
18    or more attendance centers in a school district otherwise
19    operating recognized schools, the claim of the district
20    shall be reduced in the proportion that the enrollment in
21    the attendance center or centers bears to the enrollment of
22    the school district. "Recognized school" means any public
23    school that meets the standards for recognition by the
24    State Board. A school district or attendance center not
25    having recognition status at the end of a school term is
26    entitled to receive State aid payments due upon a legal

 

 

10100SB1569ham002- 109 -LRB101 09273 NHT 72142 a

1    claim that was filed while it was recognized.
2        (7) School district claims filed under this Section are
3    subject to Sections 18-9 and 18-12 of this Code, except as
4    otherwise provided in this Section.
5        (8) Each fiscal year, the State Superintendent shall
6    calculate for each Organizational Unit an amount of its
7    Base Funding Minimum and Evidence-Based Funding that shall
8    be deemed attributable to the provision of special
9    educational facilities and services, as defined in Section
10    14-1.08 of this Code, in a manner that ensures compliance
11    with maintenance of State financial support requirements
12    under the federal Individuals with Disabilities Education
13    Act. An Organizational Unit must use such funds only for
14    the provision of special educational facilities and
15    services, as defined in Section 14-1.08 of this Code, and
16    must comply with any expenditure verification procedures
17    adopted by the State Board.
18        (9) All Organizational Units in this State must submit
19    annual spending plans by the end of September of each year
20    to the State Board as part of the annual budget process,
21    which shall describe how each Organizational Unit will
22    utilize the Base Funding Minimum Funding and
23    Evidence-Based Funding funding it receives from this State
24    under this Section with specific identification of the
25    intended utilization of Low-Income, English learner, and
26    special education resources. Additionally, the annual

 

 

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1    spending plans of each Organizational Unit shall describe
2    how the Organizational Unit expects to achieve student
3    growth and how the Organizational Unit will achieve State
4    education goals, as defined by the State Board. The State
5    Superintendent may, from time to time, identify additional
6    requisites for Organizational Units to satisfy when
7    compiling the annual spending plans required under this
8    subsection (h). The format and scope of annual spending
9    plans shall be developed by the State Superintendent and
10    the State Board of Education. School districts that serve
11    students under Article 14C of this Code shall continue to
12    submit information as required under Section 14C-12 of this
13    Code.
14        (10) No later than January 1, 2018, the State
15    Superintendent shall develop a 5-year strategic plan for
16    all Organizational Units to help in planning for adequacy
17    funding under this Section. The State Superintendent shall
18    submit the plan to the Governor and the General Assembly,
19    as provided in Section 3.1 of the General Assembly
20    Organization Act. The plan shall include recommendations
21    for:
22            (A) a framework for collaborative, professional,
23        innovative, and 21st century learning environments
24        using the Evidence-Based Funding model;
25            (B) ways to prepare and support this State's
26        educators for successful instructional careers;

 

 

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

 

 

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

 

 

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1        organization that represents school business
2        officials.
3            (D) Two appointees that represent school
4        principals, recommended by a statewide organization
5        that represents school principals.
6            (E) Two appointees that represent teachers,
7        recommended by a statewide organization that
8        represents teachers.
9            (F) Two appointees that represent teachers,
10        recommended by another statewide organization that
11        represents teachers.
12            (G) Two appointees that represent regional
13        superintendents of schools, recommended by
14        organizations that represent regional superintendents.
15            (H) Two independent experts selected solely by the
16        State Superintendent.
17            (I) Two independent experts recommended by public
18        universities in this State.
19            (J) One member recommended by a statewide
20        organization that represents parents.
21            (K) Two representatives recommended by collective
22        impact organizations that represent major metropolitan
23        areas or geographic areas in Illinois.
24            (L) One member from a statewide organization
25        focused on research-based education policy to support
26        a school system that prepares all students for college,

 

 

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1        a career, and democratic citizenship.
2            (M) One representative from a school district
3        organized under Article 34 of this Code.
4        The State Superintendent shall ensure that the
5    membership of the Panel includes representatives from
6    school districts and communities reflecting the
7    geographic, socio-economic, racial, and ethnic diversity
8    of this State. The State Superintendent shall additionally
9    ensure that the membership of the Panel includes
10    representatives with expertise in bilingual education and
11    special education. Staff from the State Board shall staff
12    the Panel.
13        (2) In addition to those Panel members appointed by the
14    State Superintendent, 4 members of the General Assembly
15    shall be appointed as follows: one member of the House of
16    Representatives appointed by the Speaker of the House of
17    Representatives, one member of the Senate appointed by the
18    President of the Senate, one member of the House of
19    Representatives appointed by the Minority Leader of the
20    House of Representatives, and one member of the Senate
21    appointed by the Minority Leader of the Senate. There shall
22    be one additional member appointed by the Governor. All
23    members appointed by legislative leaders or the Governor
24    shall be non-voting, ex officio members.
25        (3) The Panel must study topics at the direction of the
26    General Assembly or State Board of Education, as provided

 

 

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1    under paragraph (1). The Panel may also study the following
2    topics at the direction of the chairperson: (4)
3            (A) The format and scope of annual spending plans
4        referenced in paragraph (9) of subsection (h) of this
5        Section.
6            (B) The Comparable Wage Index under this Section.
7            (C) Maintenance and operations, including capital
8        maintenance and construction costs.
9            (D) "At-risk student" definition.
10            (E) Benefits.
11            (F) Technology.
12            (G) Local Capacity Target.
13            (H) Funding for Alternative Schools, Laboratory
14        Schools, safe schools, and alternative learning
15        opportunities programs.
16            (I) Funding for college and career acceleration
17        strategies.
18            (J) Special education investments.
19            (K) Early childhood investments, in collaboration
20        with the Illinois Early Learning Council.
21        (4) (Blank).
22        (5) Within 5 years after the implementation of this
23    Section, and every 5 years thereafter, the Panel shall
24    complete an evaluative study of the entire Evidence-Based
25    Funding model, including an assessment of whether or not
26    the formula is achieving State goals. The Panel shall

 

 

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1    report to the State Board, the General Assembly, and the
2    Governor on the findings of the study.
3        (6) (Blank).
4    (j) References. Beginning July 1, 2017, references in other
5laws to general State aid funds or calculations under Section
618-8.05 of this Code (now repealed) shall be deemed to be
7references to evidence-based model formula funds or
8calculations under this Section.
9(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
10100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
116-14-19; revised 7-1-19.)
 
12    (105 ILCS 5/21B-45)
13    Sec. 21B-45. Professional Educator License renewal.
14    (a) Individuals holding a Professional Educator License
15are required to complete the licensure renewal requirements as
16specified in this Section, unless otherwise provided in this
17Code.
18    Individuals holding a Professional Educator License shall
19meet the renewal requirements set forth in this Section, unless
20otherwise provided in this Code. If an individual holds a
21license endorsed in more than one area that has different
22renewal requirements, that individual shall follow the renewal
23requirements for the position for which he or she spends the
24majority of his or her time working.
25    (b) All Professional Educator Licenses not renewed as

 

 

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1provided in this Section shall lapse on September 1 of that
2year. Notwithstanding any other provisions of this Section, if
3a license holder's electronic mail address is available, the
4State Board of Education shall send him or her notification
5electronically that his or her license will lapse if not
6renewed, to be sent no more than 6 months prior to the license
7lapsing. Lapsed licenses may be immediately reinstated upon (i)
8payment by the applicant of a $500 penalty to the State Board
9of Education or (ii) the demonstration of proficiency by
10completing 9 semester hours of coursework from a regionally
11accredited institution of higher education in the content area
12that most aligns with one or more of the educator's endorsement
13areas. Any and all back fees, including without limitation
14registration fees owed from the time of expiration of the
15license until the date of reinstatement, shall be paid and kept
16in accordance with the provisions in Article 3 of this Code
17concerning an institute fund and the provisions in Article 21B
18of this Code concerning fees and requirements for registration.
19Licenses not registered in accordance with Section 21B-40 of
20this Code shall lapse after a period of 6 months from the
21expiration of the last year of registration or on January 1 of
22the fiscal year following initial issuance of the license. An
23unregistered license is invalid after September 1 for
24employment and performance of services in an Illinois public or
25State-operated school or cooperative and in a charter school.
26Any license or endorsement may be voluntarily surrendered by

 

 

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1the license holder. A voluntarily surrendered license shall be
2treated as a revoked license. An Educator License with
3Stipulations with only a paraprofessional endorsement does not
4lapse.
5    (c) From July 1, 2013 through June 30, 2014, in order to
6satisfy the requirements for licensure renewal provided for in
7this Section, each professional educator licensee with an
8administrative endorsement who is working in a position
9requiring such endorsement shall complete one Illinois
10Administrators' Academy course, as described in Article 2 of
11this Code, per fiscal year.
12    (c-5) All licenses issued by the State Board of Education
13under this Article that expire on June 30, 2020 and have not
14been renewed by the end of the 2020 renewal period shall be
15extended for one year and shall expire on June 30, 2021.
16    (d) Beginning July 1, 2014, in order to satisfy the
17requirements for licensure renewal provided for in this
18Section, each professional educator licensee may create a
19professional development plan each year. The plan shall address
20one or more of the endorsements that are required of his or her
21educator position if the licensee is employed and performing
22services in an Illinois public or State-operated school or
23cooperative. If the licensee is employed in a charter school,
24the plan shall address that endorsement or those endorsements
25most closely related to his or her educator position. Licensees
26employed and performing services in any other Illinois schools

 

 

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1may participate in the renewal requirements by adhering to the
2same process.
3    Except as otherwise provided in this Section, the
4licensee's professional development activities shall align
5with one or more of the following criteria:
6        (1) activities are of a type that engage participants
7    over a sustained period of time allowing for analysis,
8    discovery, and application as they relate to student
9    learning, social or emotional achievement, or well-being;
10        (2) professional development aligns to the licensee's
11    performance;
12        (3) outcomes for the activities must relate to student
13    growth or district improvement;
14        (4) activities align to State-approved standards; and
15        (5) higher education coursework.
16    (e) For each renewal cycle, each professional educator
17licensee shall engage in professional development activities.
18Prior to renewal, the licensee shall enter electronically into
19the Educator Licensure Information System (ELIS) the name,
20date, and location of the activity, the number of professional
21development hours, and the provider's name. The following
22provisions shall apply concerning professional development
23activities:
24        (1) Each licensee shall complete a total of 120 hours
25    of professional development per 5-year renewal cycle in
26    order to renew the license, except as otherwise provided in

 

 

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1    this Section.
2        (2) Beginning with his or her first full 5-year cycle,
3    any licensee with an administrative endorsement who is not
4    working in a position requiring such endorsement is not
5    required to complete Illinois Administrators' Academy
6    courses, as described in Article 2 of this Code. Such
7    licensees must complete one Illinois Administrators'
8    Academy course within one year after returning to a
9    position that requires the administrative endorsement.
10        (3) Any licensee with an administrative endorsement
11    who is working in a position requiring such endorsement or
12    an individual with a Teacher Leader endorsement serving in
13    an administrative capacity at least 50% of the day shall
14    complete one Illinois Administrators' Academy course, as
15    described in Article 2 of this Code, each fiscal year in
16    addition to 100 hours of professional development per
17    5-year renewal cycle in accordance with this Code.
18        (4) Any licensee holding a current National Board for
19    Professional Teaching Standards (NBPTS) master teacher
20    designation shall complete a total of 60 hours of
21    professional development per 5-year renewal cycle in order
22    to renew the license.
23        (5) Licensees working in a position that does not
24    require educator licensure or working in a position for
25    less than 50% for any particular year are considered to be
26    exempt and shall be required to pay only the registration

 

 

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1    fee in order to renew and maintain the validity of the
2    license.
3        (6) Licensees who are retired and qualify for benefits
4    from a State of Illinois retirement system shall notify the
5    State Board of Education using ELIS, and the license shall
6    be maintained in retired status. For any renewal cycle in
7    which a licensee retires during the renewal cycle, the
8    licensee must complete professional development activities
9    on a prorated basis depending on the number of years during
10    the renewal cycle the educator held an active license. If a
11    licensee retires during a renewal cycle, the licensee must
12    notify the State Board of Education using ELIS that the
13    licensee wishes to maintain the license in retired status
14    and must show proof of completion of professional
15    development activities on a prorated basis for all years of
16    that renewal cycle for which the license was active. An
17    individual with a license in retired status shall not be
18    required to complete professional development activities
19    or pay registration fees until returning to a position that
20    requires educator licensure. Upon returning to work in a
21    position that requires the Professional Educator License,
22    the licensee shall immediately pay a registration fee and
23    complete renewal requirements for that year. A license in
24    retired status cannot lapse. Beginning on January 6, 2017
25    (the effective date of Public Act 99-920) through December
26    31, 2017, any licensee who has retired and whose license

 

 

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1    has lapsed for failure to renew as provided in this Section
2    may reinstate that license and maintain it in retired
3    status upon providing proof to the State Board of Education
4    using ELIS that the licensee is retired and is not working
5    in a position that requires a Professional Educator
6    License.
7        (7) For any renewal cycle in which professional
8    development hours were required, but not fulfilled, the
9    licensee shall complete any missed hours to total the
10    minimum professional development hours required in this
11    Section prior to September 1 of that year. Professional
12    development hours used to fulfill the minimum required
13    hours for a renewal cycle may be used for only one renewal
14    cycle. For any fiscal year or renewal cycle in which an
15    Illinois Administrators' Academy course was required but
16    not completed, the licensee shall complete any missed
17    Illinois Administrators' Academy courses prior to
18    September 1 of that year. The licensee may complete all
19    deficient hours and Illinois Administrators' Academy
20    courses while continuing to work in a position that
21    requires that license until September 1 of that year.
22        (8) Any licensee who has not fulfilled the professional
23    development renewal requirements set forth in this Section
24    at the end of any 5-year renewal cycle is ineligible to
25    register his or her license and may submit an appeal to the
26    State Superintendent of Education for reinstatement of the

 

 

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1    license.
2        (9) If professional development opportunities were
3    unavailable to a licensee, proof that opportunities were
4    unavailable and request for an extension of time beyond
5    August 31 to complete the renewal requirements may be
6    submitted from April 1 through June 30 of that year to the
7    State Educator Preparation and Licensure Board. If an
8    extension is approved, the license shall remain valid
9    during the extension period.
10        (10) Individuals who hold exempt licenses prior to
11    December 27, 2013 (the effective date of Public Act 98-610)
12    shall commence the annual renewal process with the first
13    scheduled registration due after December 27, 2013 (the
14    effective date of Public Act 98-610).
15        (11) Notwithstanding any other provision of this
16    subsection (e), if a licensee earns more than the required
17    number of professional development hours during a renewal
18    cycle, then the licensee may carry over any hours earned
19    from April 1 through June 30 of the last year of the
20    renewal cycle. Any hours carried over in this manner must
21    be applied to the next renewal cycle. Illinois
22    Administrators' Academy courses or hours earned in those
23    courses may not be carried over.
24    (f) At the time of renewal, each licensee shall respond to
25the required questions under penalty of perjury.
26    (f-5) The State Board of Education shall conduct random

 

 

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1audits of licensees to verify a licensee's fulfillment of the
2professional development hours required under this Section.
3Upon completion of a random audit, if it is determined by the
4State Board of Education that the licensee did not complete the
5required number of professional development hours or did not
6provide sufficient proof of completion, the licensee shall be
7notified that his or her license has lapsed. A license that has
8lapsed under this subsection may be reinstated as provided in
9subsection (b).
10    (g) The following entities shall be designated as approved
11to provide professional development activities for the renewal
12of Professional Educator Licenses:
13        (1) The State Board of Education.
14        (2) Regional offices of education and intermediate
15    service centers.
16        (3) Illinois professional associations representing
17    the following groups that are approved by the State
18    Superintendent of Education:
19            (A) school administrators;
20            (B) principals;
21            (C) school business officials;
22            (D) teachers, including special education
23        teachers;
24            (E) school boards;
25            (F) school districts;
26            (G) parents; and

 

 

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1            (H) school service personnel.
2        (4) Regionally accredited institutions of higher
3    education that offer Illinois-approved educator
4    preparation programs and public community colleges subject
5    to the Public Community College Act.
6        (5) Illinois public school districts, charter schools
7    authorized under Article 27A of this Code, and joint
8    educational programs authorized under Article 10 of this
9    Code for the purposes of providing career and technical
10    education or special education services.
11        (6) A not-for-profit organization that, as of December
12    31, 2014 (the effective date of Public Act 98-1147), has
13    had or has a grant from or a contract with the State Board
14    of Education to provide professional development services
15    in the area of English Learning to Illinois school
16    districts, teachers, or administrators.
17        (7) State agencies, State boards, and State
18    commissions.
19        (8) Museums as defined in Section 10 of the Museum
20    Disposition of Property Act.
21    (h) Approved providers under subsection (g) of this Section
22shall make available professional development opportunities
23that satisfy at least one of the following:
24        (1) increase the knowledge and skills of school and
25    district leaders who guide continuous professional
26    development;

 

 

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1        (2) improve the learning of students;
2        (3) organize adults into learning communities whose
3    goals are aligned with those of the school and district;
4        (4) deepen educator's content knowledge;
5        (5) provide educators with research-based
6    instructional strategies to assist students in meeting
7    rigorous academic standards;
8        (6) prepare educators to appropriately use various
9    types of classroom assessments;
10        (7) use learning strategies appropriate to the
11    intended goals;
12        (8) provide educators with the knowledge and skills to
13    collaborate;
14        (9) prepare educators to apply research to decision
15    making decision-making; or
16        (10) provide educators with training on inclusive
17    practices in the classroom that examines instructional and
18    behavioral strategies that improve academic and
19    social-emotional outcomes for all students, with or
20    without disabilities, in a general education setting.
21    (i) Approved providers under subsection (g) of this Section
22shall do the following:
23        (1) align professional development activities to the
24    State-approved national standards for professional
25    learning;
26        (2) meet the professional development criteria for

 

 

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1    Illinois licensure renewal;
2        (3) produce a rationale for the activity that explains
3    how it aligns to State standards and identify the
4    assessment for determining the expected impact on student
5    learning or school improvement;
6        (4) maintain original documentation for completion of
7    activities;
8        (5) provide license holders with evidence of
9    completion of activities;
10        (6) request an Illinois Educator Identification Number
11    (IEIN) for each educator during each professional
12    development activity; and
13        (7) beginning on July 1, 2019, register annually with
14    the State Board of Education prior to offering any
15    professional development opportunities in the current
16    fiscal year.
17    (j) The State Board of Education shall conduct annual
18audits of a subset of approved providers, except for school
19districts, which shall be audited by regional offices of
20education and intermediate service centers. The State Board of
21Education shall ensure that each approved provider, except for
22a school district, is audited at least once every 5 years. The
23State Board of Education may conduct more frequent audits of
24providers if evidence suggests the requirements of this Section
25or administrative rules are not being met.
26        (1) (Blank).

 

 

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1        (2) Approved providers shall comply with the
2    requirements in subsections (h) and (i) of this Section by
3    annually submitting data to the State Board of Education
4    demonstrating how the professional development activities
5    impacted one or more of the following:
6            (A) educator and student growth in regards to
7        content knowledge or skills, or both;
8            (B) educator and student social and emotional
9        growth; or
10            (C) alignment to district or school improvement
11        plans.
12        (3) The State Superintendent of Education shall review
13    the annual data collected by the State Board of Education,
14    regional offices of education, and intermediate service
15    centers in audits to determine if the approved provider has
16    met the criteria and should continue to be an approved
17    provider or if further action should be taken as provided
18    in rules.
19    (k) Registration fees shall be paid for the next renewal
20cycle between April 1 and June 30 in the last year of each
215-year renewal cycle using ELIS. If all required professional
22development hours for the renewal cycle have been completed and
23entered by the licensee, the licensee shall pay the
24registration fees for the next cycle using a form of credit or
25debit card.
26    (l) Any professional educator licensee endorsed for school

 

 

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1support personnel who is employed and performing services in
2Illinois public schools and who holds an active and current
3professional license issued by the Department of Financial and
4Professional Regulation or a national certification board, as
5approved by the State Board of Education, related to the
6endorsement areas on the Professional Educator License shall be
7deemed to have satisfied the continuing professional
8development requirements provided for in this Section. Such
9individuals shall be required to pay only registration fees to
10renew the Professional Educator License. An individual who does
11not hold a license issued by the Department of Financial and
12Professional Regulation shall complete professional
13development requirements for the renewal of a Professional
14Educator License provided for in this Section.
15    (m) Appeals to the State Educator Preparation and Licensure
16Board must be made within 30 days after receipt of notice from
17the State Superintendent of Education that a license will not
18be renewed based upon failure to complete the requirements of
19this Section. A licensee may appeal that decision to the State
20Educator Preparation and Licensure Board in a manner prescribed
21by rule.
22        (1) Each appeal shall state the reasons why the State
23    Superintendent's decision should be reversed and shall be
24    sent by certified mail, return receipt requested, to the
25    State Board of Education.
26        (2) The State Educator Preparation and Licensure Board

 

 

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1    shall review each appeal regarding renewal of a license
2    within 90 days after receiving the appeal in order to
3    determine whether the licensee has met the requirements of
4    this Section. The State Educator Preparation and Licensure
5    Board may hold an appeal hearing or may make its
6    determination based upon the record of review, which shall
7    consist of the following:
8            (A) the regional superintendent of education's
9        rationale for recommending nonrenewal of the license,
10        if applicable;
11            (B) any evidence submitted to the State
12        Superintendent along with the individual's electronic
13        statement of assurance for renewal; and
14            (C) the State Superintendent's rationale for
15        nonrenewal of the license.
16        (3) The State Educator Preparation and Licensure Board
17    shall notify the licensee of its decision regarding license
18    renewal by certified mail, return receipt requested, no
19    later than 30 days after reaching a decision. Upon receipt
20    of notification of renewal, the licensee, using ELIS, shall
21    pay the applicable registration fee for the next cycle
22    using a form of credit or debit card.
23    (n) The State Board of Education may adopt rules as may be
24necessary to implement this Section.
25(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
26100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.

 

 

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11-1-20; 101-531, eff. 8-23-19; revised 9-19-19.)
 
2    (105 ILCS 5/21B-110 new)
3    Sec. 21B-110. Public health emergency declaration.
4    (a) This Section applies only during any time in which the
5Governor has declared a public health emergency under Section 7
6of the Illinois Emergency Management Agency Act.
7    (b) Notwithstanding any other requirements under this
8Article, the requirements under subsection (f) of Section
921B-30 are waived for an applicant seeking an educator license.
10    (c) Notwithstanding any other requirements under this
11Article, during the implementation of remote learning days
12under Section 10-30, a candidate seeking an educator license
13may:
14        (1) complete his or her required student teaching or
15    equivalent experience remotely; or
16        (2) complete his or her required school business
17    management internship remotely.
 
18    (105 ILCS 5/21B-115 new)
19    Sec. 21B-115. Spring 2020 student teaching or internship.
20Notwithstanding any other requirements under this Article, for
21the spring 2020 semester only, a candidate's requirement to
22complete student teaching or its equivalent or a school
23business management internship is waived.
 

 

 

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1    (105 ILCS 5/22-89 new)
2    Sec. 22-89. Graduates during the 2019-2020 school year.
3Notwithstanding any other provision of this Code, any diploma
4conferred during the 2019-2020 school year, including during
5the summer of 2020, under graduation requirements that were
6modified by an executive order, emergency rulemaking, or school
7board policy prompted by a gubernatorial disaster proclamation
8as a result of COVID-19 is deemed valid and is not subject to
9challenge or review due to a failure to meet minimum
10requirements otherwise required by this Code, administrative
11rule, or school board policy.
 
12    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
13    Sec. 24-11. Boards of Education - Boards of School
14Inspectors - Contractual continued service.
15    (a) As used in this and the succeeding Sections of this
16Article:
17    "Teacher" means any or all school district employees
18regularly required to be certified under laws relating to the
19certification of teachers.
20    "Board" means board of directors, board of education, or
21board of school inspectors, as the case may be.
22    "School term" means that portion of the school year, July 1
23to the following June 30, when school is in actual session.
24    "Program" means a program of a special education joint
25agreement.

 

 

10100SB1569ham002- 133 -LRB101 09273 NHT 72142 a

1    "Program of a special education joint agreement" means
2instructional, consultative, supervisory, administrative,
3diagnostic, and related services that are managed by a special
4educational joint agreement designed to service 2 or more
5school districts that are members of the joint agreement.
6    "PERA implementation date" means the implementation date
7of an evaluation system for teachers as specified by Section
824A-2.5 of this Code for all schools within a school district
9or all programs of a special education joint agreement.
10    (b) This Section and Sections 24-12 through 24-16 of this
11Article apply only to school districts having less than 500,000
12inhabitants.
13    (c) Any teacher who is first employed as a full-time
14teacher in a school district or program prior to the PERA
15implementation date and who is employed in that district or
16program for a probationary period of 4 consecutive school terms
17shall enter upon contractual continued service in the district
18or in all of the programs that the teacher is legally qualified
19to hold, unless the teacher is given written notice of
20dismissal by certified mail, return receipt requested, by the
21employing board at least 45 days before the end of any school
22term within such period.
23    (d) For any teacher who is first employed as a full-time
24teacher in a school district or program on or after the PERA
25implementation date, the probationary period shall be one of
26the following periods, based upon the teacher's school terms of

 

 

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1service and performance, before the teacher shall enter upon
2contractual continued service in the district or in all of the
3programs that the teacher is legally qualified to hold, unless
4the teacher is given written notice of dismissal by certified
5mail, return receipt requested, by the employing board at least
645 days before the end of any school term within such period:
7        (1) 4 consecutive school terms of service in which the
8    teacher receives overall annual evaluation ratings of at
9    least "Proficient" in the last school term and at least
10    "Proficient" in either the second or third school term;
11        (2) 3 consecutive school terms of service in which the
12    teacher receives 3 overall annual evaluations of
13    "Excellent"; or
14        (3) 2 consecutive school terms of service in which the
15    teacher receives 2 overall annual evaluations of
16    "Excellent" service, but only if the teacher (i) previously
17    attained contractual continued service in a different
18    school district or program in this State, (ii) voluntarily
19    departed or was honorably dismissed from that school
20    district or program in the school term immediately prior to
21    the teacher's first school term of service applicable to
22    the attainment of contractual continued service under this
23    subdivision (3), and (iii) received, in his or her 2 most
24    recent overall annual or biennial evaluations from the
25    prior school district or program, ratings of at least
26    "Proficient", with both such ratings occurring after the

 

 

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1    school district's or program's PERA implementation date.
2    For a teacher to attain contractual continued service under
3    this subdivision (3), the teacher shall provide official
4    copies of his or her 2 most recent overall annual or
5    biennial evaluations from the prior school district or
6    program to the new school district or program within 60
7    days from the teacher's first day of service with the new
8    school district or program. The prior school district or
9    program must provide the teacher with official copies of
10    his or her 2 most recent overall annual or biennial
11    evaluations within 14 days after the teacher's request. If
12    a teacher has requested such official copies prior to 45
13    days after the teacher's first day of service with the new
14    school district or program and the teacher's prior school
15    district or program fails to provide the teacher with the
16    official copies required under this subdivision (3), then
17    the time period for the teacher to submit the official
18    copies to his or her new school district or program must be
19    extended until 14 days after receipt of such copies from
20    the prior school district or program. If the prior school
21    district or program fails to provide the teacher with the
22    official copies required under this subdivision (3) within
23    90 days from the teacher's first day of service with the
24    new school district or program, then the new school
25    district or program shall rely upon the teacher's own
26    copies of his or her evaluations for purposes of this

 

 

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1    subdivision (3).
2    If the teacher does not receive overall annual evaluations
3of "Excellent" in the school terms necessary for eligibility to
4achieve accelerated contractual continued service in
5subdivisions (2) and (3) of this subsection (d), the teacher
6shall be eligible for contractual continued service pursuant to
7subdivision (1) of this subsection (d). If, at the conclusion
8of 4 consecutive school terms of service that count toward
9attainment of contractual continued service, the teacher's
10performance does not qualify the teacher for contractual
11continued service under subdivision (1) of this subsection (d),
12then the teacher shall not enter upon contractual continued
13service and shall be dismissed. If a performance evaluation is
14not conducted for any school term when such evaluation is
15required to be conducted under Section 24A-5 of this Code, then
16the teacher's performance evaluation rating for such school
17term for purposes of determining the attainment of contractual
18continued service shall be deemed "Proficient", except that,
19during any time in which the Governor has declared a disaster
20due to a public health emergency pursuant to Section 7 of the
21Illinois Emergency Management Agency Act, this default to
22"Proficient" does not apply to any teacher who has entered into
23contractual continued service and who was deemed "Excellent" on
24his or her most recent evaluation. During any time in which the
25Governor has declared a disaster due to a public health
26emergency pursuant to Section 7 of the Illinois Emergency

 

 

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1Management Agency Act and unless the school board and any
2exclusive bargaining representative have completed the
3performance rating for teachers or mutually agreed to an
4alternate performance rating, any teacher who has entered into
5contractual continued service, whose most recent evaluation
6was deemed "Excellent", and whose performance evaluation is not
7conducted when the evaluation is required to be conducted shall
8receive a teacher's performance rating deemed "Excellent". A
9school board and any exclusive bargaining representative may
10mutually agree to an alternate performance rating for teachers
11not in contractual continued service during any time in which
12the Governor has declared a disaster due to a public health
13emergency pursuant to Section 7 of the Illinois Emergency
14Management Agency Act, as long as the agreement is in writing.
15    (e) For the purposes of determining contractual continued
16service, a school term shall be counted only toward attainment
17of contractual continued service if the teacher actually
18teaches or is otherwise present and participating in the
19district's or program's educational program for 120 days or
20more, provided that the days of leave under the federal Family
21Medical Leave Act that the teacher is required to take until
22the end of the school term shall be considered days of teaching
23or participation in the district's or program's educational
24program. A school term that is not counted toward attainment of
25contractual continued service shall not be considered a break
26in service for purposes of determining whether a teacher has

 

 

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1been employed for 4 consecutive school terms, provided that the
2teacher actually teaches or is otherwise present and
3participating in the district's or program's educational
4program in the following school term.
5    (f) If the employing board determines to dismiss the
6teacher in the last year of the probationary period as provided
7in subsection (c) of this Section or subdivision (1) or (2) of
8subsection (d) of this Section, but not subdivision (3) of
9subsection (d) of this Section, the written notice of dismissal
10provided by the employing board must contain specific reasons
11for dismissal. Any full-time teacher who does not receive
12written notice from the employing board at least 45 days before
13the end of any school term as provided in this Section and
14whose performance does not require dismissal after the fourth
15probationary year pursuant to subsection (d) of this Section
16shall be re-employed for the following school term.
17    (g) Contractual continued service shall continue in effect
18the terms and provisions of the contract with the teacher
19during the last school term of the probationary period, subject
20to this Act and the lawful regulations of the employing board.
21This Section and succeeding Sections do not modify any existing
22power of the board except with respect to the procedure of the
23discharge of a teacher and reductions in salary as hereinafter
24provided. Contractual continued service status shall not
25restrict the power of the board to transfer a teacher to a
26position which the teacher is qualified to fill or to make such

 

 

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1salary adjustments as it deems desirable, but unless reductions
2in salary are uniform or based upon some reasonable
3classification, any teacher whose salary is reduced shall be
4entitled to a notice and a hearing as hereinafter provided in
5the case of certain dismissals or removals.
6    (h) If, by reason of any change in the boundaries of school
7districts or by reason of the creation of a new school
8district, the position held by any teacher having a contractual
9continued service status is transferred from one board to the
10control of a new or different board, then the contractual
11continued service status of the teacher is not thereby lost,
12and such new or different board is subject to this Code with
13respect to the teacher in the same manner as if the teacher
14were its employee and had been its employee during the time the
15teacher was actually employed by the board from whose control
16the position was transferred.
17    (i) The employment of any teacher in a program of a special
18education joint agreement established under Section 3-15.14,
1910-22.31 or 10-22.31a shall be governed by this and succeeding
20Sections of this Article. For purposes of attaining and
21maintaining contractual continued service and computing length
22of continuing service as referred to in this Section and
23Section 24-12, employment in a special educational joint
24program shall be deemed a continuation of all previous
25certificated employment of such teacher for such joint
26agreement whether the employer of the teacher was the joint

 

 

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1agreement, the regional superintendent, or one of the
2participating districts in the joint agreement.
3    (j) For any teacher employed after July 1, 1987 as a
4full-time teacher in a program of a special education joint
5agreement, whether the program is operated by the joint
6agreement or a member district on behalf of the joint
7agreement, in the event of a reduction in the number of
8programs or positions in the joint agreement in which the
9notice of dismissal is provided on or before the end of the
102010-2011 school term, the teacher in contractual continued
11service is eligible for employment in the joint agreement
12programs for which the teacher is legally qualified in order of
13greater length of continuing service in the joint agreement,
14unless an alternative method of determining the sequence of
15dismissal is established in a collective bargaining agreement.
16For any teacher employed after July 1, 1987 as a full-time
17teacher in a program of a special education joint agreement,
18whether the program is operated by the joint agreement or a
19member district on behalf of the joint agreement, in the event
20of a reduction in the number of programs or positions in the
21joint agreement in which the notice of dismissal is provided
22during the 2011-2012 school term or a subsequent school term,
23the teacher shall be included on the honorable dismissal lists
24of all joint agreement programs for positions for which the
25teacher is qualified and is eligible for employment in such
26programs in accordance with subsections (b) and (c) of Section

 

 

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124-12 of this Code and the applicable honorable dismissal
2policies of the joint agreement.
3    (k) For any teacher employed after July 1, 1987 as a
4full-time teacher in a program of a special education joint
5agreement, whether the program is operated by the joint
6agreement or a member district on behalf of the joint
7agreement, in the event of the dissolution of a joint
8agreement, in which the notice to teachers of the dissolution
9is provided during the 2010-2011 school term, the teacher in
10contractual continued service who is legally qualified shall be
11assigned to any comparable position in a member district
12currently held by a teacher who has not entered upon
13contractual continued service or held by a teacher who has
14entered upon contractual continued service with a shorter
15length of contractual continued service. Any teacher employed
16after July 1, 1987 as a full-time teacher in a program of a
17special education joint agreement, whether the program is
18operated by the joint agreement or a member district on behalf
19of the joint agreement, in the event of the dissolution of a
20joint agreement in which the notice to teachers of the
21dissolution is provided during the 2011-2012 school term or a
22subsequent school term, the teacher who is qualified shall be
23included on the order of honorable dismissal lists of each
24member district and shall be assigned to any comparable
25position in any such district in accordance with subsections
26(b) and (c) of Section 24-12 of this Code and the applicable

 

 

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1honorable dismissal policies of each member district.
2    (l) The governing board of the joint agreement, or the
3administrative district, if so authorized by the articles of
4agreement of the joint agreement, rather than the board of
5education of a school district, may carry out employment and
6termination actions including dismissals under this Section
7and Section 24-12.
8    (m) The employment of any teacher in a special education
9program authorized by Section 14-1.01 through 14-14.01, or a
10joint educational program established under Section 10-22.31a,
11shall be under this and the succeeding Sections of this
12Article, and such employment shall be deemed a continuation of
13the previous employment of such teacher in any of the
14participating districts, regardless of the participation of
15other districts in the program.
16    (n) Any teacher employed as a full-time teacher in a
17special education program prior to September 23, 1987 in which
182 or more school districts participate for a probationary
19period of 2 consecutive years shall enter upon contractual
20continued service in each of the participating districts,
21subject to this and the succeeding Sections of this Article,
22and, notwithstanding Section 24-1.5 of this Code, in the event
23of the termination of the program shall be eligible for any
24vacant position in any of such districts for which such teacher
25is qualified.
26(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 

 

 

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1    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
2    Sec. 24-12. Removal or dismissal of teachers in contractual
3continued service.
4    (a) This subsection (a) applies only to honorable
5dismissals and recalls in which the notice of dismissal is
6provided on or before the end of the 2010-2011 school term. If
7a teacher in contractual continued service is removed or
8dismissed as a result of a decision of the board to decrease
9the number of teachers employed by the board or to discontinue
10some particular type of teaching service, written notice shall
11be mailed to the teacher and also given the teacher either by
12certified mail, return receipt requested or personal delivery
13with receipt at least 60 days before the end of the school
14term, together with a statement of honorable dismissal and the
15reason therefor, and in all such cases the board shall first
16remove or dismiss all teachers who have not entered upon
17contractual continued service before removing or dismissing
18any teacher who has entered upon contractual continued service
19and who is legally qualified to hold a position currently held
20by a teacher who has not entered upon contractual continued
21service.
22    As between teachers who have entered upon contractual
23continued service, the teacher or teachers with the shorter
24length of continuing service with the district shall be
25dismissed first unless an alternative method of determining the

 

 

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1sequence of dismissal is established in a collective bargaining
2agreement or contract between the board and a professional
3faculty members' organization and except that this provision
4shall not impair the operation of any affirmative action
5program in the district, regardless of whether it exists by
6operation of law or is conducted on a voluntary basis by the
7board. Any teacher dismissed as a result of such decrease or
8discontinuance shall be paid all earned compensation on or
9before the third business day following the last day of pupil
10attendance in the regular school term.
11    If the board has any vacancies for the following school
12term or within one calendar year from the beginning of the
13following school term, the positions thereby becoming
14available shall be tendered to the teachers so removed or
15dismissed so far as they are legally qualified to hold such
16positions; provided, however, that if the number of honorable
17dismissal notices based on economic necessity exceeds 15% of
18the number of full-time equivalent positions filled by
19certified employees (excluding principals and administrative
20personnel) during the preceding school year, then if the board
21has any vacancies for the following school term or within 2
22calendar years from the beginning of the following school term,
23the positions so becoming available shall be tendered to the
24teachers who were so notified and removed or dismissed whenever
25they are legally qualified to hold such positions. Each board
26shall, in consultation with any exclusive employee

 

 

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1representatives, each year establish a list, categorized by
2positions, showing the length of continuing service of each
3teacher who is qualified to hold any such positions, unless an
4alternative method of determining a sequence of dismissal is
5established as provided for in this Section, in which case a
6list shall be made in accordance with the alternative method.
7Copies of the list shall be distributed to the exclusive
8employee representative on or before February 1 of each year.
9Whenever the number of honorable dismissal notices based upon
10economic necessity exceeds 5, or 150% of the average number of
11teachers honorably dismissed in the preceding 3 years,
12whichever is more, then the board also shall hold a public
13hearing on the question of the dismissals. Following the
14hearing and board review, the action to approve any such
15reduction shall require a majority vote of the board members.
16    (b) This subsection (b) applies only to honorable
17dismissals and recalls in which the notice of dismissal is
18provided during the 2011-2012 school term or a subsequent
19school term. If any teacher, whether or not in contractual
20continued service, is removed or dismissed as a result of a
21decision of a school board to decrease the number of teachers
22employed by the board, a decision of a school board to
23discontinue some particular type of teaching service, or a
24reduction in the number of programs or positions in a special
25education joint agreement, then written notice must be mailed
26to the teacher and also given to the teacher either by

 

 

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1electronic mail, certified mail, return receipt requested, or
2personal delivery with receipt at least 45 days before the end
3of the school term, together with a statement of honorable
4dismissal and the reason therefor, and in all such cases the
5sequence of dismissal shall occur in accordance with this
6subsection (b); except that this subsection (b) shall not
7impair the operation of any affirmative action program in the
8school district, regardless of whether it exists by operation
9of law or is conducted on a voluntary basis by the board.
10    Each teacher must be categorized into one or more positions
11for which the teacher is qualified to hold, based upon legal
12qualifications and any other qualifications established in a
13district or joint agreement job description, on or before the
14May 10 prior to the school year during which the sequence of
15dismissal is determined. Within each position and subject to
16agreements made by the joint committee on honorable dismissals
17that are authorized by subsection (c) of this Section, the
18school district or joint agreement must establish 4 groupings
19of teachers qualified to hold the position as follows:
20        (1) Grouping one shall consist of each teacher who is
21    not in contractual continued service and who (i) has not
22    received a performance evaluation rating, (ii) is employed
23    for one school term or less to replace a teacher on leave,
24    or (iii) is employed on a part-time basis. "Part-time
25    basis" for the purposes of this subsection (b) means a
26    teacher who is employed to teach less than a full-day,

 

 

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1    teacher workload or less than 5 days of the normal student
2    attendance week, unless otherwise provided for in a
3    collective bargaining agreement between the district and
4    the exclusive representative of the district's teachers.
5    For the purposes of this Section, a teacher (A) who is
6    employed as a full-time teacher but who actually teaches or
7    is otherwise present and participating in the district's
8    educational program for less than a school term or (B) who,
9    in the immediately previous school term, was employed on a
10    full-time basis and actually taught or was otherwise
11    present and participated in the district's educational
12    program for 120 days or more is not considered employed on
13    a part-time basis.
14        (2) Grouping 2 shall consist of each teacher with a
15    Needs Improvement or Unsatisfactory performance evaluation
16    rating on either of the teacher's last 2 performance
17    evaluation ratings.
18        (3) Grouping 3 shall consist of each teacher with a
19    performance evaluation rating of at least Satisfactory or
20    Proficient on both of the teacher's last 2 performance
21    evaluation ratings, if 2 ratings are available, or on the
22    teacher's last performance evaluation rating, if only one
23    rating is available, unless the teacher qualifies for
24    placement into grouping 4.
25        (4) Grouping 4 shall consist of each teacher whose last
26    2 performance evaluation ratings are Excellent and each

 

 

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1    teacher with 2 Excellent performance evaluation ratings
2    out of the teacher's last 3 performance evaluation ratings
3    with a third rating of Satisfactory or Proficient.
4    Among teachers qualified to hold a position, teachers must
5be dismissed in the order of their groupings, with teachers in
6grouping one dismissed first and teachers in grouping 4
7dismissed last.
8    Within grouping one, the sequence of dismissal must be at
9the discretion of the school district or joint agreement.
10Within grouping 2, the sequence of dismissal must be based upon
11average performance evaluation ratings, with the teacher or
12teachers with the lowest average performance evaluation rating
13dismissed first. A teacher's average performance evaluation
14rating must be calculated using the average of the teacher's
15last 2 performance evaluation ratings, if 2 ratings are
16available, or the teacher's last performance evaluation
17rating, if only one rating is available, using the following
18numerical values: 4 for Excellent; 3 for Proficient or
19Satisfactory; 2 for Needs Improvement; and 1 for
20Unsatisfactory. As between or among teachers in grouping 2 with
21the same average performance evaluation rating and within each
22of groupings 3 and 4, the teacher or teachers with the shorter
23length of continuing service with the school district or joint
24agreement must be dismissed first unless an alternative method
25of determining the sequence of dismissal is established in a
26collective bargaining agreement or contract between the board

 

 

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1and a professional faculty members' organization.
2    Each board, including the governing board of a joint
3agreement, shall, in consultation with any exclusive employee
4representatives, each year establish a sequence of honorable
5dismissal list categorized by positions and the groupings
6defined in this subsection (b). Copies of the list showing each
7teacher by name and categorized by positions and the groupings
8defined in this subsection (b) must be distributed to the
9exclusive bargaining representative at least 75 days before the
10end of the school term, provided that the school district or
11joint agreement may, with notice to any exclusive employee
12representatives, move teachers from grouping one into another
13grouping during the period of time from 75 days until 45 days
14before the end of the school term. Each year, each board shall
15also establish, in consultation with any exclusive employee
16representatives, a list showing the length of continuing
17service of each teacher who is qualified to hold any such
18positions, unless an alternative method of determining a
19sequence of dismissal is established as provided for in this
20Section, in which case a list must be made in accordance with
21the alternative method. Copies of the list must be distributed
22to the exclusive employee representative at least 75 days
23before the end of the school term.
24    Any teacher dismissed as a result of such decrease or
25discontinuance must be paid all earned compensation on or
26before the third business day following the last day of pupil

 

 

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1attendance in the regular school term.
2    If the board or joint agreement has any vacancies for the
3following school term or within one calendar year from the
4beginning of the following school term, the positions thereby
5becoming available must be tendered to the teachers so removed
6or dismissed who were in grouping groupings 3 or 4 of the
7sequence of dismissal and are qualified to hold the positions,
8based upon legal qualifications and any other qualifications
9established in a district or joint agreement job description,
10on or before the May 10 prior to the date of the positions
11becoming available, provided that if the number of honorable
12dismissal notices based on economic necessity exceeds 15% of
13the number of full-time equivalent positions filled by
14certified employees (excluding principals and administrative
15personnel) during the preceding school year, then the recall
16period is for the following school term or within 2 calendar
17years from the beginning of the following school term. If the
18board or joint agreement has any vacancies within the period
19from the beginning of the following school term through
20February 1 of the following school term (unless a date later
21than February 1, but no later than 6 months from the beginning
22of the following school term, is established in a collective
23bargaining agreement), the positions thereby becoming
24available must be tendered to the teachers so removed or
25dismissed who were in grouping 2 of the sequence of dismissal
26due to one "needs improvement" rating on either of the

 

 

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1teacher's last 2 performance evaluation ratings, provided
2that, if 2 ratings are available, the other performance
3evaluation rating used for grouping purposes is
4"satisfactory", "proficient", or "excellent", and are
5qualified to hold the positions, based upon legal
6qualifications and any other qualifications established in a
7district or joint agreement job description, on or before the
8May 10 prior to the date of the positions becoming available.
9On and after July 1, 2014 (the effective date of Public Act
1098-648), the preceding sentence shall apply to teachers removed
11or dismissed by honorable dismissal, even if notice of
12honorable dismissal occurred during the 2013-2014 school year.
13Among teachers eligible for recall pursuant to the preceding
14sentence, the order of recall must be in inverse order of
15dismissal, unless an alternative order of recall is established
16in a collective bargaining agreement or contract between the
17board and a professional faculty members' organization.
18Whenever the number of honorable dismissal notices based upon
19economic necessity exceeds 5 notices or 150% of the average
20number of teachers honorably dismissed in the preceding 3
21years, whichever is more, then the school board or governing
22board of a joint agreement, as applicable, shall also hold a
23public hearing on the question of the dismissals. Following the
24hearing and board review, the action to approve any such
25reduction shall require a majority vote of the board members.
26    For purposes of this subsection (b), subject to agreement

 

 

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1on an alternative definition reached by the joint committee
2described in subsection (c) of this Section, a teacher's
3performance evaluation rating means the overall performance
4evaluation rating resulting from an annual or biennial
5performance evaluation conducted pursuant to Article 24A of
6this Code by the school district or joint agreement determining
7the sequence of dismissal, not including any performance
8evaluation conducted during or at the end of a remediation
9period. No more than one evaluation rating each school term
10shall be one of the evaluation ratings used for the purpose of
11determining the sequence of dismissal. Except as otherwise
12provided in this subsection for any performance evaluations
13conducted during or at the end of a remediation period, if
14multiple performance evaluations are conducted in a school
15term, only the rating from the last evaluation conducted prior
16to establishing the sequence of honorable dismissal list in
17such school term shall be the one evaluation rating from that
18school term used for the purpose of determining the sequence of
19dismissal. Averaging ratings from multiple evaluations is not
20permitted unless otherwise agreed to in a collective bargaining
21agreement or contract between the board and a professional
22faculty members' organization. The preceding 3 sentences are
23not a legislative declaration that existing law does or does
24not already require that only one performance evaluation each
25school term shall be used for the purpose of determining the
26sequence of dismissal. For performance evaluation ratings

 

 

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1determined prior to September 1, 2012, any school district or
2joint agreement with a performance evaluation rating system
3that does not use either of the rating category systems
4specified in subsection (d) of Section 24A-5 of this Code for
5all teachers must establish a basis for assigning each teacher
6a rating that complies with subsection (d) of Section 24A-5 of
7this Code for all of the performance evaluation ratings that
8are to be used to determine the sequence of dismissal. A
9teacher's grouping and ranking on a sequence of honorable
10dismissal shall be deemed a part of the teacher's performance
11evaluation, and that information shall be disclosed to the
12exclusive bargaining representative as part of a sequence of
13honorable dismissal list, notwithstanding any laws prohibiting
14disclosure of such information. A performance evaluation
15rating may be used to determine the sequence of dismissal,
16notwithstanding the pendency of any grievance resolution or
17arbitration procedures relating to the performance evaluation.
18If a teacher has received at least one performance evaluation
19rating conducted by the school district or joint agreement
20determining the sequence of dismissal and a subsequent
21performance evaluation is not conducted in any school year in
22which such evaluation is required to be conducted under Section
2324A-5 of this Code, the teacher's performance evaluation rating
24for that school year for purposes of determining the sequence
25of dismissal is deemed Proficient, except that, during any time
26in which the Governor has declared a disaster due to a public

 

 

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1health emergency pursuant to Section 7 of the Illinois
2Emergency Management Agency Act, this default to Proficient
3does not apply to any teacher who has entered into contractual
4continued service and who was deemed Excellent on his or her
5most recent evaluation. During any time in which the Governor
6has declared a disaster due to a public health emergency
7pursuant to Section 7 of the Illinois Emergency Management
8Agency Act and unless the school board and any exclusive
9bargaining representative have completed the performance
10rating for teachers or have mutually agreed to an alternate
11performance rating, any teacher who has entered into
12contractual continued service, whose most recent evaluation
13was deemed Excellent, and whose performance evaluation is not
14conducted when the evaluation is required to be conducted shall
15receive a teacher's performance rating deemed Excellent. A
16school board and any exclusive bargaining representative may
17mutually agree to an alternate performance rating for teachers
18not in contractual continued service during any time in which
19the Governor has declared a disaster due to a public health
20emergency pursuant to Section 7 of the Illinois Emergency
21Management Agency Act, as long as the agreement is in writing.
22If a performance evaluation rating is nullified as the result
23of an arbitration, administrative agency, or court
24determination, then the school district or joint agreement is
25deemed to have conducted a performance evaluation for that
26school year, but the performance evaluation rating may not be

 

 

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1used in determining the sequence of dismissal.
2    Nothing in this subsection (b) shall be construed as
3limiting the right of a school board or governing board of a
4joint agreement to dismiss a teacher not in contractual
5continued service in accordance with Section 24-11 of this
6Code.
7    Any provisions regarding the sequence of honorable
8dismissals and recall of honorably dismissed teachers in a
9collective bargaining agreement entered into on or before
10January 1, 2011 and in effect on June 13, 2011 (the effective
11date of Public Act 97-8) that may conflict with Public Act 97-8
12shall remain in effect through the expiration of such agreement
13or June 30, 2013, whichever is earlier.
14    (c) Each school district and special education joint
15agreement must use a joint committee composed of equal
16representation selected by the school board and its teachers
17or, if applicable, the exclusive bargaining representative of
18its teachers, to address the matters described in paragraphs
19(1) through (5) of this subsection (c) pertaining to honorable
20dismissals under subsection (b) of this Section.
21        (1) The joint committee must consider and may agree to
22    criteria for excluding from grouping 2 and placing into
23    grouping 3 a teacher whose last 2 performance evaluations
24    include a Needs Improvement and either a Proficient or
25    Excellent.
26        (2) The joint committee must consider and may agree to

 

 

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1    an alternative definition for grouping 4, which definition
2    must take into account prior performance evaluation
3    ratings and may take into account other factors that relate
4    to the school district's or program's educational
5    objectives. An alternative definition for grouping 4 may
6    not permit the inclusion of a teacher in the grouping with
7    a Needs Improvement or Unsatisfactory performance
8    evaluation rating on either of the teacher's last 2
9    performance evaluation ratings.
10        (3) The joint committee may agree to including within
11    the definition of a performance evaluation rating a
12    performance evaluation rating administered by a school
13    district or joint agreement other than the school district
14    or joint agreement determining the sequence of dismissal.
15        (4) For each school district or joint agreement that
16    administers performance evaluation ratings that are
17    inconsistent with either of the rating category systems
18    specified in subsection (d) of Section 24A-5 of this Code,
19    the school district or joint agreement must consult with
20    the joint committee on the basis for assigning a rating
21    that complies with subsection (d) of Section 24A-5 of this
22    Code to each performance evaluation rating that will be
23    used in a sequence of dismissal.
24        (5) Upon request by a joint committee member submitted
25    to the employing board by no later than 10 days after the
26    distribution of the sequence of honorable dismissal list, a

 

 

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1    representative of the employing board shall, within 5 days
2    after the request, provide to members of the joint
3    committee a list showing the most recent and prior
4    performance evaluation ratings of each teacher identified
5    only by length of continuing service in the district or
6    joint agreement and not by name. If, after review of this
7    list, a member of the joint committee has a good faith
8    belief that a disproportionate number of teachers with
9    greater length of continuing service with the district or
10    joint agreement have received a recent performance
11    evaluation rating lower than the prior rating, the member
12    may request that the joint committee review the list to
13    assess whether such a trend may exist. Following the joint
14    committee's review, but by no later than the end of the
15    applicable school term, the joint committee or any member
16    or members of the joint committee may submit a report of
17    the review to the employing board and exclusive bargaining
18    representative, if any. Nothing in this paragraph (5) shall
19    impact the order of honorable dismissal or a school
20    district's or joint agreement's authority to carry out a
21    dismissal in accordance with subsection (b) of this
22    Section.
23    Agreement by the joint committee as to a matter requires
24the majority vote of all committee members, and if the joint
25committee does not reach agreement on a matter, then the
26otherwise applicable requirements of subsection (b) of this

 

 

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1Section shall apply. Except as explicitly set forth in this
2subsection (c), a joint committee has no authority to agree to
3any further modifications to the requirements for honorable
4dismissals set forth in subsection (b) of this Section. The
5joint committee must be established, and the first meeting of
6the joint committee each school year must occur on or before
7December 1.
8    The joint committee must reach agreement on a matter on or
9before February 1 of a school year in order for the agreement
10of the joint committee to apply to the sequence of dismissal
11determined during that school year. Subject to the February 1
12deadline for agreements, the agreement of a joint committee on
13a matter shall apply to the sequence of dismissal until the
14agreement is amended or terminated by the joint committee.
15    The provisions of the Open Meetings Act shall not apply to
16meetings of a joint committee created under this subsection
17(c).
18    (d) Notwithstanding anything to the contrary in this
19subsection (d), the requirements and dismissal procedures of
20Section 24-16.5 of this Code shall apply to any dismissal
21sought under Section 24-16.5 of this Code.
22        (1) If a dismissal of a teacher in contractual
23    continued service is sought for any reason or cause other
24    than an honorable dismissal under subsections (a) or (b) of
25    this Section or a dismissal sought under Section 24-16.5 of
26    this Code, including those under Section 10-22.4, the board

 

 

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1    must first approve a motion containing specific charges by
2    a majority vote of all its members. Written notice of such
3    charges, including a bill of particulars and the teacher's
4    right to request a hearing, must be mailed to the teacher
5    and also given to the teacher either by electronic mail,
6    certified mail, return receipt requested, or personal
7    delivery with receipt within 5 days of the adoption of the
8    motion. Any written notice sent on or after July 1, 2012
9    shall inform the teacher of the right to request a hearing
10    before a mutually selected hearing officer, with the cost
11    of the hearing officer split equally between the teacher
12    and the board, or a hearing before a board-selected hearing
13    officer, with the cost of the hearing officer paid by the
14    board.
15        Before setting a hearing on charges stemming from
16    causes that are considered remediable, a board must give
17    the teacher reasonable warning in writing, stating
18    specifically the causes that, if not removed, may result in
19    charges; however, no such written warning is required if
20    the causes have been the subject of a remediation plan
21    pursuant to Article 24A of this Code.
22        If, in the opinion of the board, the interests of the
23    school require it, the board may suspend the teacher
24    without pay, pending the hearing, but if the board's
25    dismissal or removal is not sustained, the teacher shall
26    not suffer the loss of any salary or benefits by reason of

 

 

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1    the suspension.
2        (2) No hearing upon the charges is required unless the
3    teacher within 17 days after receiving notice requests in
4    writing of the board that a hearing be scheduled before a
5    mutually selected hearing officer or a hearing officer
6    selected by the board. The secretary of the school board
7    shall forward a copy of the notice to the State Board of
8    Education.
9        (3) Within 5 business days after receiving a notice of
10    hearing in which either notice to the teacher was sent
11    before July 1, 2012 or, if the notice was sent on or after
12    July 1, 2012, the teacher has requested a hearing before a
13    mutually selected hearing officer, the State Board of
14    Education shall provide a list of 5 prospective, impartial
15    hearing officers from the master list of qualified,
16    impartial hearing officers maintained by the State Board of
17    Education. Each person on the master list must (i) be
18    accredited by a national arbitration organization and have
19    had a minimum of 5 years of experience directly related to
20    labor and employment relations matters between employers
21    and employees or their exclusive bargaining
22    representatives and (ii) beginning September 1, 2012, have
23    participated in training provided or approved by the State
24    Board of Education for teacher dismissal hearing officers
25    so that he or she is familiar with issues generally
26    involved in evaluative and non-evaluative dismissals.

 

 

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1        If notice to the teacher was sent before July 1, 2012
2    or, if the notice was sent on or after July 1, 2012, the
3    teacher has requested a hearing before a mutually selected
4    hearing officer, the board and the teacher or their legal
5    representatives within 3 business days shall alternately
6    strike one name from the list provided by the State Board
7    of Education until only one name remains. Unless waived by
8    the teacher, the teacher shall have the right to proceed
9    first with the striking. Within 3 business days of receipt
10    of the list provided by the State Board of Education, the
11    board and the teacher or their legal representatives shall
12    each have the right to reject all prospective hearing
13    officers named on the list and notify the State Board of
14    Education of such rejection. Within 3 business days after
15    receiving this notification, the State Board of Education
16    shall appoint a qualified person from the master list who
17    did not appear on the list sent to the parties to serve as
18    the hearing officer, unless the parties notify it that they
19    have chosen to alternatively select a hearing officer under
20    paragraph (4) of this subsection (d).
21        If the teacher has requested a hearing before a hearing
22    officer selected by the board, the board shall select one
23    name from the master list of qualified impartial hearing
24    officers maintained by the State Board of Education within
25    3 business days after receipt and shall notify the State
26    Board of Education of its selection.

 

 

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1        A hearing officer mutually selected by the parties,
2    selected by the board, or selected through an alternative
3    selection process under paragraph (4) of this subsection
4    (d) (A) must not be a resident of the school district, (B)
5    must be available to commence the hearing within 75 days
6    and conclude the hearing within 120 days after being
7    selected as the hearing officer, and (C) must issue a
8    decision as to whether the teacher must be dismissed and
9    give a copy of that decision to both the teacher and the
10    board within 30 days from the conclusion of the hearing or
11    closure of the record, whichever is later.
12        If the Governor has declared a disaster due to a public
13    health emergency pursuant to Section 7 of the Illinois
14    Emergency Management Agency Act and except if the parties
15    mutually agree otherwise and the agreement is in writing,
16    the requirements of this Section pertaining to prehearings
17    and hearings are paused and do not begin to toll until the
18    proclamation is no longer in effect. If mutually agreed to
19    and reduced to writing, the parties may proceed with the
20    prehearing and hearing requirements of this Section and may
21    also agree to extend the timelines of this Section
22    connected to the appointment and selection of a hearing
23    officer and those connected to commencing and concluding a
24    hearing. Any hearing convened during a public health
25    emergency pursuant to Section 7 of the Illinois Emergency
26    Management Agency Act may be convened remotely. Any hearing

 

 

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1    officer for a hearing convened during a public health
2    emergency pursuant to Section 7 of the Illinois Emergency
3    Management Agency Act may voluntarily withdraw from the
4    hearing and another hearing officer shall be selected or
5    appointed pursuant to this Section.
6        (4) In the alternative to selecting a hearing officer
7    from the list received from the State Board of Education or
8    accepting the appointment of a hearing officer by the State
9    Board of Education or if the State Board of Education
10    cannot provide a list or appoint a hearing officer that
11    meets the foregoing requirements, the board and the teacher
12    or their legal representatives may mutually agree to select
13    an impartial hearing officer who is not on the master list
14    either by direct appointment by the parties or by using
15    procedures for the appointment of an arbitrator
16    established by the Federal Mediation and Conciliation
17    Service or the American Arbitration Association. The
18    parties shall notify the State Board of Education of their
19    intent to select a hearing officer using an alternative
20    procedure within 3 business days of receipt of a list of
21    prospective hearing officers provided by the State Board of
22    Education, notice of appointment of a hearing officer by
23    the State Board of Education, or receipt of notice from the
24    State Board of Education that it cannot provide a list that
25    meets the foregoing requirements, whichever is later.
26        (5) If the notice of dismissal was sent to the teacher

 

 

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1    before July 1, 2012, the fees and costs for the hearing
2    officer must be paid by the State Board of Education. If
3    the notice of dismissal was sent to the teacher on or after
4    July 1, 2012, the hearing officer's fees and costs must be
5    paid as follows in this paragraph (5). The fees and
6    permissible costs for the hearing officer must be
7    determined by the State Board of Education. If the board
8    and the teacher or their legal representatives mutually
9    agree to select an impartial hearing officer who is not on
10    a list received from the State Board of Education, they may
11    agree to supplement the fees determined by the State Board
12    to the hearing officer, at a rate consistent with the
13    hearing officer's published professional fees. If the
14    hearing officer is mutually selected by the parties, then
15    the board and the teacher or their legal representatives
16    shall each pay 50% of the fees and costs and any
17    supplemental allowance to which they agree. If the hearing
18    officer is selected by the board, then the board shall pay
19    100% of the hearing officer's fees and costs. The fees and
20    costs must be paid to the hearing officer within 14 days
21    after the board and the teacher or their legal
22    representatives receive the hearing officer's decision set
23    forth in paragraph (7) of this subsection (d).
24        (6) The teacher is required to answer the bill of
25    particulars and aver affirmative matters in his or her
26    defense, and the time for initially doing so and the time

 

 

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1    for updating such answer and defenses after pre-hearing
2    discovery must be set by the hearing officer. The State
3    Board of Education shall promulgate rules so that each
4    party has a fair opportunity to present its case and to
5    ensure that the dismissal process proceeds in a fair and
6    expeditious manner. These rules shall address, without
7    limitation, discovery and hearing scheduling conferences;
8    the teacher's initial answer and affirmative defenses to
9    the bill of particulars and the updating of that
10    information after pre-hearing discovery; provision for
11    written interrogatories and requests for production of
12    documents; the requirement that each party initially
13    disclose to the other party and then update the disclosure
14    no later than 10 calendar days prior to the commencement of
15    the hearing, the names and addresses of persons who may be
16    called as witnesses at the hearing, a summary of the facts
17    or opinions each witness will testify to, and all other
18    documents and materials, including information maintained
19    electronically, relevant to its own as well as the other
20    party's case (the hearing officer may exclude witnesses and
21    exhibits not identified and shared, except those offered in
22    rebuttal for which the party could not reasonably have
23    anticipated prior to the hearing); pre-hearing discovery
24    and preparation, including provision for written
25    interrogatories and requests for production of documents,
26    provided that discovery depositions are prohibited; the

 

 

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1    conduct of the hearing; the right of each party to be
2    represented by counsel, the offer of evidence and witnesses
3    and the cross-examination of witnesses; the authority of
4    the hearing officer to issue subpoenas and subpoenas duces
5    tecum, provided that the hearing officer may limit the
6    number of witnesses to be subpoenaed on behalf of each
7    party to no more than 7; the length of post-hearing briefs;
8    and the form, length, and content of hearing officers'
9    decisions. The hearing officer shall hold a hearing and
10    render a final decision for dismissal pursuant to Article
11    24A of this Code or shall report to the school board
12    findings of fact and a recommendation as to whether or not
13    the teacher must be dismissed for conduct. The hearing
14    officer shall commence the hearing within 75 days and
15    conclude the hearing within 120 days after being selected
16    as the hearing officer, provided that the hearing officer
17    may modify these timelines upon the showing of good cause
18    or mutual agreement of the parties. Good cause for the
19    purpose of this subsection (d) shall mean the illness or
20    otherwise unavoidable emergency of the teacher, district
21    representative, their legal representatives, the hearing
22    officer, or an essential witness as indicated in each
23    party's pre-hearing submission. In a dismissal hearing
24    pursuant to Article 24A of this Code in which a witness is
25    a student or is under the age of 18, the hearing officer
26    must make accommodations for the witness, as provided under

 

 

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1    paragraph (6.5) of this subsection. The hearing officer
2    shall consider and give weight to all of the teacher's
3    evaluations written pursuant to Article 24A that are
4    relevant to the issues in the hearing.
5        Each party shall have no more than 3 days to present
6    its case, unless extended by the hearing officer to enable
7    a party to present adequate evidence and testimony,
8    including due to the other party's cross-examination of the
9    party's witnesses, for good cause or by mutual agreement of
10    the parties. The State Board of Education shall define in
11    rules the meaning of "day" for such purposes. All testimony
12    at the hearing shall be taken under oath administered by
13    the hearing officer. The hearing officer shall cause a
14    record of the proceedings to be kept and shall employ a
15    competent reporter to take stenographic or stenotype notes
16    of all the testimony. The costs of the reporter's
17    attendance and services at the hearing shall be paid by the
18    party or parties who are responsible for paying the fees
19    and costs of the hearing officer. Either party desiring a
20    transcript of the hearing shall pay for the cost thereof.
21    Any post-hearing briefs must be submitted by the parties by
22    no later than 21 days after a party's receipt of the
23    transcript of the hearing, unless extended by the hearing
24    officer for good cause or by mutual agreement of the
25    parties.
26        (6.5) In the case of charges involving sexual abuse or

 

 

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1    severe physical abuse of a student or a person under the
2    age of 18, the hearing officer shall make alternative
3    hearing procedures to protect a witness who is a student or
4    who is under the age of 18 from being intimidated or
5    traumatized. Alternative hearing procedures may include,
6    but are not limited to: (i) testimony made via a
7    telecommunication device in a location other than the
8    hearing room and outside the physical presence of the
9    teacher and other hearing participants, (ii) testimony
10    outside the physical presence of the teacher, or (iii)
11    non-public testimony. During a testimony described under
12    this subsection, each party must be permitted to ask a
13    witness who is a student or who is under 18 years of age
14    all relevant questions and follow-up questions. All
15    questions must exclude evidence of the witness' sexual
16    behavior or predisposition, unless the evidence is offered
17    to prove that someone other than the teacher subject to the
18    dismissal hearing engaged in the charge at issue.
19        (7) The hearing officer shall, within 30 days from the
20    conclusion of the hearing or closure of the record,
21    whichever is later, make a decision as to whether or not
22    the teacher shall be dismissed pursuant to Article 24A of
23    this Code or report to the school board findings of fact
24    and a recommendation as to whether or not the teacher shall
25    be dismissed for cause and shall give a copy of the
26    decision or findings of fact and recommendation to both the

 

 

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1    teacher and the school board. If a hearing officer fails
2    without good cause, specifically provided in writing to
3    both parties and the State Board of Education, to render a
4    decision or findings of fact and recommendation within 30
5    days after the hearing is concluded or the record is
6    closed, whichever is later, the parties may mutually agree
7    to select a hearing officer pursuant to the alternative
8    procedure, as provided in this Section, to rehear the
9    charges heard by the hearing officer who failed to render a
10    decision or findings of fact and recommendation or to
11    review the record and render a decision. If any hearing
12    officer fails without good cause, specifically provided in
13    writing to both parties and the State Board of Education,
14    to render a decision or findings of fact and recommendation
15    within 30 days after the hearing is concluded or the record
16    is closed, whichever is later, the hearing officer shall be
17    removed from the master list of hearing officers maintained
18    by the State Board of Education for not more than 24
19    months. The parties and the State Board of Education may
20    also take such other actions as it deems appropriate,
21    including recovering, reducing, or withholding any fees
22    paid or to be paid to the hearing officer. If any hearing
23    officer repeats such failure, he or she must be permanently
24    removed from the master list maintained by the State Board
25    of Education and may not be selected by parties through the
26    alternative selection process under this paragraph (7) or

 

 

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1    paragraph (4) of this subsection (d). The board shall not
2    lose jurisdiction to discharge a teacher if the hearing
3    officer fails to render a decision or findings of fact and
4    recommendation within the time specified in this Section.
5    If the decision of the hearing officer for dismissal
6    pursuant to Article 24A of this Code or of the school board
7    for dismissal for cause is in favor of the teacher, then
8    the hearing officer or school board shall order
9    reinstatement to the same or substantially equivalent
10    position and shall determine the amount for which the
11    school board is liable, including, but not limited to, loss
12    of income and benefits.
13        (8) The school board, within 45 days after receipt of
14    the hearing officer's findings of fact and recommendation
15    as to whether (i) the conduct at issue occurred, (ii) the
16    conduct that did occur was remediable, and (iii) the
17    proposed dismissal should be sustained, shall issue a
18    written order as to whether the teacher must be retained or
19    dismissed for cause from its employ. The school board's
20    written order shall incorporate the hearing officer's
21    findings of fact, except that the school board may modify
22    or supplement the findings of fact if, in its opinion, the
23    findings of fact are against the manifest weight of the
24    evidence.
25        If the school board dismisses the teacher
26    notwithstanding the hearing officer's findings of fact and

 

 

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1    recommendation, the school board shall make a conclusion in
2    its written order, giving its reasons therefor, and such
3    conclusion and reasons must be included in its written
4    order. The failure of the school board to strictly adhere
5    to the timelines contained in this Section shall not render
6    it without jurisdiction to dismiss the teacher. The school
7    board shall not lose jurisdiction to discharge the teacher
8    for cause if the hearing officer fails to render a
9    recommendation within the time specified in this Section.
10    The decision of the school board is final, unless reviewed
11    as provided in paragraph (9) of this subsection (d).
12        If the school board retains the teacher, the school
13    board shall enter a written order stating the amount of
14    back pay and lost benefits, less mitigation, to be paid to
15    the teacher, within 45 days after its retention order.
16    Should the teacher object to the amount of the back pay and
17    lost benefits or amount mitigated, the teacher shall give
18    written objections to the amount within 21 days. If the
19    parties fail to reach resolution within 7 days, the dispute
20    shall be referred to the hearing officer, who shall
21    consider the school board's written order and teacher's
22    written objection and determine the amount to which the
23    school board is liable. The costs of the hearing officer's
24    review and determination must be paid by the board.
25        (9) The decision of the hearing officer pursuant to
26    Article 24A of this Code or of the school board's decision

 

 

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1    to dismiss for cause is final unless reviewed as provided
2    in Section 24-16 of this Code. If the school board's
3    decision to dismiss for cause is contrary to the hearing
4    officer's recommendation, the court on review shall give
5    consideration to the school board's decision and its
6    supplemental findings of fact, if applicable, and the
7    hearing officer's findings of fact and recommendation in
8    making its decision. In the event such review is
9    instituted, the school board shall be responsible for
10    preparing and filing the record of proceedings, and such
11    costs associated therewith must be divided equally between
12    the parties.
13        (10) If a decision of the hearing officer for dismissal
14    pursuant to Article 24A of this Code or of the school board
15    for dismissal for cause is adjudicated upon review or
16    appeal in favor of the teacher, then the trial court shall
17    order reinstatement and shall remand the matter to the
18    school board with direction for entry of an order setting
19    the amount of back pay, lost benefits, and costs, less
20    mitigation. The teacher may challenge the school board's
21    order setting the amount of back pay, lost benefits, and
22    costs, less mitigation, through an expedited arbitration
23    procedure, with the costs of the arbitrator borne by the
24    school board.
25        Any teacher who is reinstated by any hearing or
26    adjudication brought under this Section shall be assigned

 

 

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1    by the board to a position substantially similar to the one
2    which that teacher held prior to that teacher's suspension
3    or dismissal.
4        (11) Subject to any later effective date referenced in
5    this Section for a specific aspect of the dismissal
6    process, the changes made by Public Act 97-8 shall apply to
7    dismissals instituted on or after September 1, 2011. Any
8    dismissal instituted prior to September 1, 2011 must be
9    carried out in accordance with the requirements of this
10    Section prior to amendment by Public Act 97-8.
11    (e) Nothing contained in Public Act 98-648 repeals,
12supersedes, invalidates, or nullifies final decisions in
13lawsuits pending on July 1, 2014 (the effective date of Public
14Act 98-648) in Illinois courts involving the interpretation of
15Public Act 97-8.
16(Source: P.A. 100-768, eff. 1-1-19; 101-81, eff. 7-12-19;
17101-531, eff. 8-23-19; revised 12-3-19.)
 
18    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
19    Sec. 24A-5. Content of evaluation plans. This Section does
20not apply to teachers assigned to schools identified in an
21agreement entered into between the board of a school district
22operating under Article 34 of this Code and the exclusive
23representative of the district's teachers in accordance with
24Section 34-85c of this Code.
25    Each school district to which this Article applies shall

 

 

10100SB1569ham002- 174 -LRB101 09273 NHT 72142 a

1establish a teacher evaluation plan which ensures that each
2teacher in contractual continued service is evaluated at least
3once in the course of every 2 school years.
4    By no later than September 1, 2012, each school district
5shall establish a teacher evaluation plan that ensures that:
6        (1) each teacher not in contractual continued service
7    is evaluated at least once every school year; and
8        (2) each teacher in contractual continued service is
9    evaluated at least once in the course of every 2 school
10    years. However, any teacher in contractual continued
11    service whose performance is rated as either "needs
12    improvement" or "unsatisfactory" must be evaluated at
13    least once in the school year following the receipt of such
14    rating.
15    Notwithstanding anything to the contrary in this Section or
16any other Section of the School Code, a principal shall not be
17prohibited from evaluating any teachers within a school during
18his or her first year as principal of such school. If a
19first-year principal exercises this option in a school district
20where the evaluation plan provides for a teacher in contractual
21continued service to be evaluated once in the course of every 2
22school years, then a new 2-year evaluation plan must be
23established.
24    The evaluation plan shall comply with the requirements of
25this Section and of any rules adopted by the State Board of
26Education pursuant to this Section.

 

 

10100SB1569ham002- 175 -LRB101 09273 NHT 72142 a

1    The plan shall include a description of each teacher's
2duties and responsibilities and of the standards to which that
3teacher is expected to conform, and shall include at least the
4following components:
5        (a) personal observation of the teacher in the
6    classroom by the evaluator, unless the teacher has no
7    classroom duties.
8        (b) consideration of the teacher's attendance,
9    planning, instructional methods, classroom management,
10    where relevant, and competency in the subject matter
11    taught.
12        (c) by no later than the applicable implementation
13    date, consideration of student growth as a significant
14    factor in the rating of the teacher's performance.
15        (d) prior to September 1, 2012, rating of the
16    performance of teachers in contractual continued service
17    as either:
18            (i) "excellent", "satisfactory" or
19        "unsatisfactory"; or
20            (ii) "excellent", "proficient", "needs
21        improvement" or "unsatisfactory".
22        (e) on and after September 1, 2012, rating of the
23    performance of all teachers as "excellent", "proficient",
24    "needs improvement" or "unsatisfactory".
25        (f) specification as to the teacher's strengths and
26    weaknesses, with supporting reasons for the comments made.

 

 

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1        (g) inclusion of a copy of the evaluation in the
2    teacher's personnel file and provision of a copy to the
3    teacher.
4        (h) within 30 school days after the completion of an
5    evaluation rating a teacher in contractual continued
6    service as "needs improvement", development by the
7    evaluator, in consultation with the teacher, and taking
8    into account the teacher's on-going professional
9    responsibilities including his or her regular teaching
10    assignments, of a professional development plan directed
11    to the areas that need improvement and any supports that
12    the district will provide to address the areas identified
13    as needing improvement.
14        (i) within 30 school days after completion of an
15    evaluation rating a teacher in contractual continued
16    service as "unsatisfactory", development and commencement
17    by the district of a remediation plan designed to correct
18    deficiencies cited, provided the deficiencies are deemed
19    remediable. In all school districts the remediation plan
20    for unsatisfactory, tenured teachers shall provide for 90
21    school days of remediation within the classroom, unless an
22    applicable collective bargaining agreement provides for a
23    shorter duration. In all school districts evaluations
24    issued pursuant to this Section shall be issued within 10
25    days after the conclusion of the respective remediation
26    plan. However, the school board or other governing

 

 

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1    authority of the district shall not lose jurisdiction to
2    discharge a teacher in the event the evaluation is not
3    issued within 10 days after the conclusion of the
4    respective remediation plan.
5        (j) participation in the remediation plan by the
6    teacher in contractual continued service rated
7    "unsatisfactory", an evaluator and a consulting teacher
8    selected by the evaluator of the teacher who was rated
9    "unsatisfactory", which consulting teacher is an
10    educational employee as defined in the Educational Labor
11    Relations Act, has at least 5 years' teaching experience,
12    and a reasonable familiarity with the assignment of the
13    teacher being evaluated, and who received an "excellent"
14    rating on his or her most recent evaluation. Where no
15    teachers who meet these criteria are available within the
16    district, the district shall request and the applicable
17    regional office of education shall supply, to participate
18    in the remediation process, an individual who meets these
19    criteria.
20        In a district having a population of less than 500,000
21    with an exclusive bargaining agent, the bargaining agent
22    may, if it so chooses, supply a roster of qualified
23    teachers from whom the consulting teacher is to be
24    selected. That roster shall, however, contain the names of
25    at least 5 teachers, each of whom meets the criteria for
26    consulting teacher with regard to the teacher being

 

 

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1    evaluated, or the names of all teachers so qualified if
2    that number is less than 5. In the event of a dispute as to
3    qualification, the State Board shall determine
4    qualification.
5        (k) a mid-point and final evaluation by an evaluator
6    during and at the end of the remediation period,
7    immediately following receipt of a remediation plan
8    provided for under subsections (i) and (j) of this Section.
9    Each evaluation shall assess the teacher's performance
10    during the time period since the prior evaluation; provided
11    that the last evaluation shall also include an overall
12    evaluation of the teacher's performance during the
13    remediation period. A written copy of the evaluations and
14    ratings, in which any deficiencies in performance and
15    recommendations for correction are identified, shall be
16    provided to and discussed with the teacher within 10 school
17    days after the date of the evaluation, unless an applicable
18    collective bargaining agreement provides to the contrary.
19    These subsequent evaluations shall be conducted by an
20    evaluator. The consulting teacher shall provide advice to
21    the teacher rated "unsatisfactory" on how to improve
22    teaching skills and to successfully complete the
23    remediation plan. The consulting teacher shall participate
24    in developing the remediation plan, but the final decision
25    as to the evaluation shall be done solely by the evaluator,
26    unless an applicable collective bargaining agreement

 

 

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1    provides to the contrary. Evaluations at the conclusion of
2    the remediation process shall be separate and distinct from
3    the required annual evaluations of teachers and shall not
4    be subject to the guidelines and procedures relating to
5    those annual evaluations. The evaluator may but is not
6    required to use the forms provided for the annual
7    evaluation of teachers in the district's evaluation plan.
8        (l) reinstatement to the evaluation schedule set forth
9    in the district's evaluation plan for any teacher in
10    contractual continued service who achieves a rating equal
11    to or better than "satisfactory" or "proficient" in the
12    school year following a rating of "needs improvement" or
13    "unsatisfactory".
14        (m) dismissal in accordance with subsection (d) of
15    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
16    any teacher who fails to complete any applicable
17    remediation plan with a rating equal to or better than a
18    "satisfactory" or "proficient" rating. Districts and
19    teachers subject to dismissal hearings are precluded from
20    compelling the testimony of consulting teachers at such
21    hearings under subsection (d) of Section 24-12 or Section
22    24-16.5 or 34-85 of this Code, either as to the rating
23    process or for opinions of performances by teachers under
24    remediation.
25        (n) After the implementation date of an evaluation
26    system for teachers in a district as specified in Section

 

 

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1    24A-2.5 of this Code, if a teacher in contractual continued
2    service successfully completes a remediation plan
3    following a rating of "unsatisfactory" in an annual or
4    biennial overall performance evaluation received after the
5    foregoing implementation date and receives a subsequent
6    rating of "unsatisfactory" in any of the teacher's annual
7    or biennial overall performance evaluation ratings
8    received during the 36-month period following the
9    teacher's completion of the remediation plan, then the
10    school district may forego remediation and seek dismissal
11    in accordance with subsection (d) of Section 24-12 or
12    Section 34-85 of this Code.
13    Nothing in this Section or Section 24A-4 shall be construed
14as preventing immediate dismissal of a teacher for deficiencies
15which are deemed irremediable or for actions which are
16injurious to or endanger the health or person of students in
17the classroom or school, or preventing the dismissal or
18non-renewal of teachers not in contractual continued service
19for any reason not prohibited by applicable employment, labor,
20and civil rights laws. Failure to strictly comply with the time
21requirements contained in Section 24A-5 shall not invalidate
22the results of the remediation plan.
23    Nothing contained in this amendatory Act of the 98th
24General Assembly repeals, supersedes, invalidates, or
25nullifies final decisions in lawsuits pending on the effective
26date of this amendatory Act of the 98th General Assembly in

 

 

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1Illinois courts involving the interpretation of Public Act
297-8.
3    If the Governor has declared a disaster due to a public
4health emergency pursuant to Section 7 of the Illinois
5Emergency Management Agency Act that suspends in-person
6instruction, the timelines in this Section connected to the
7commencement and completion of any remediation plan are waived.
8Except if the parties mutually agree otherwise and the
9agreement is in writing, any remediation plan that had been in
10place for more than 45 days prior to the suspension of
11in-person instruction shall resume when in-person instruction
12resumes and any remediation plan that had been in place for
13fewer than 45 days prior to the suspension of in-person
14instruction shall be discontinued and a new remediation period
15shall begin when in-person instruction resumes. The
16requirements of this paragraph apply regardless of whether they
17are included in a school district's teacher evaluation plan.
18(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
19eff. 7-1-14.)
 
20    (105 ILCS 5/27-3)  (from Ch. 122, par. 27-3)
21    Sec. 27-3. Patriotism and principles of representative
22government - Proper use of flag - Method of voting - Pledge of
23Allegiance. American patriotism and the principles of
24representative government, as enunciated in the American
25Declaration of Independence, the Constitution of the United

 

 

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1States of America and the Constitution of the State of
2Illinois, and the proper use and display of the American flag,
3shall be taught in all public schools and other educational
4institutions supported or maintained in whole or in part by
5public funds. No student shall receive a certificate of
6graduation without passing a satisfactory examination upon
7such subjects, which may be administered remotely.
8    Instruction shall be given in all such schools and
9institutions in the method of voting at elections by means of
10the Australian Ballot system and the method of the counting of
11votes for candidates.
12    The Pledge of Allegiance shall be recited each school day
13by pupils in elementary and secondary educational institutions
14supported or maintained in whole or in part by public funds.
15(Source: P.A. 92-612, eff. 7-3-02.)
 
16    (105 ILCS 5/27-6.5)
17    Sec. 27-6.5. Physical fitness assessments in schools.
18    (a) As used in this Section, "physical fitness assessment"
19means a series of assessments to measure aerobic capacity, body
20composition, muscular strength, muscular endurance, and
21flexibility.
22    (b) To measure the effectiveness of State Goal 20 of the
23Illinois Learning Standards for Physical Development and
24Health, beginning with the 2016-2017 school year and every
25school year thereafter, the State Board of Education shall

 

 

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1require all public schools to use a scientifically-based,
2health-related physical fitness assessment for grades 3
3through 12 and periodically report fitness information to the
4State Board of Education, as set forth in subsections (c) and
5(e) of this Section, to assess student fitness indicators.
6    Public schools shall integrate health-related fitness
7testing into the curriculum as an instructional tool, except in
8grades before the 3rd grade. Fitness tests must be appropriate
9to students' developmental levels and physical abilities. The
10testing must be used to teach students how to assess their
11fitness levels, set goals for improvement, and monitor progress
12in reaching their goals. Fitness scores shall not be used for
13grading students or evaluating teachers.
14    (c) On or before October 1, 2014, the State Superintendent
15of Education shall appoint a 15-member stakeholder and expert
16task force, including members representing organizations that
17represent physical education teachers, school officials,
18principals, health promotion and disease prevention advocates
19and experts, school health advocates and experts, and other
20experts with operational and academic expertise in the
21measurement of fitness. The task force shall make
22recommendations to the State Board of Education on the
23following:
24        (1) methods for ensuring the validity and uniformity of
25    reported physical fitness assessment scores, including
26    assessment administration protocols and professional

 

 

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1    development approaches for physical education teachers;
2        (2) how often physical fitness assessment scores
3    should be reported to the State Board of Education;
4        (3) the grade levels within elementary, middle, and
5    high school categories for which physical fitness
6    assessment scores should be reported to the State Board of
7    Education;
8        (4) the minimum fitness indicators that should be
9    reported to the State Board of Education, including, but
10    not limited to, a score for aerobic capacity (for grades 4
11    through 12); muscular strength; endurance; and
12    flexibility;
13        (5) the demographic information that should accompany
14    the scores, including, but not limited to, grade and
15    gender;
16        (6) the development of protocols regarding the
17    protection of students' confidentiality and individual
18    information and identifiers; and
19        (7) how physical fitness assessment data should be
20    reported by the State Board of Education to the public,
21    including potential correlations with student academic
22    achievement, attendance, and discipline data and other
23    recommended uses of the reported data.
24    The State Board of Education shall provide administrative
25and other support to the task force.
26    The task force shall submit its recommendations on physical

 

 

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1fitness assessments on or before April 1, 2015. The task force
2may also recommend methods for assessing student progress on
3State Goals 19 and 21 through 24 of the Illinois Learning
4Standards for Physical Development and Health. The task force
5is dissolved on April 30, 2015.
6    The provisions of this subsection (c), other than this
7sentence, are inoperative after March 31, 2016.
8    (d) On or before December 31, 2015, the State Board of
9Education shall use the recommendations of the task force under
10subsection (c) of this Section to adopt rules for the
11implementation of physical fitness assessments by each public
12school for the 2016-2017 school year and every school year
13thereafter. The requirements of this Section do not apply if
14the Governor has declared a disaster due to a public health
15emergency pursuant to Section 7 of the Illinois Emergency
16Management Agency Act.
17    (e) On or before September 1, 2016, the State Board of
18Education shall adopt rules for data submission by school
19districts and develop a system for collecting and reporting the
20aggregated fitness information from the physical fitness
21assessments. This system shall also support the collection of
22data from school districts that use a fitness testing software
23program.
24    (f) School districts may report the aggregate findings of
25physical fitness assessments by grade level and school to
26parents and members of the community through typical

 

 

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1communication channels, such as Internet websites, school
2newsletters, school board reports, and presentations.
3Districts may also provide individual fitness assessment
4reports to students' parents.
5    (g) Nothing in this Section precludes schools from
6implementing a physical fitness assessment before the
72016-2017 school year or from implementing more robust forms of
8a physical fitness assessment.
9(Source: P.A. 98-859, eff. 8-4-14.)
 
10    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
11    Sec. 27-8.1. Health examinations and immunizations.
12    (1) In compliance with rules and regulations which the
13Department of Public Health shall promulgate, and except as
14hereinafter provided, all children in Illinois shall have a
15health examination as follows: within one year prior to
16entering kindergarten or the first grade of any public,
17private, or parochial elementary school; upon entering the
18sixth and ninth grades of any public, private, or parochial
19school; prior to entrance into any public, private, or
20parochial nursery school; and, irrespective of grade,
21immediately prior to or upon entrance into any public, private,
22or parochial school or nursery school, each child shall present
23proof of having been examined in accordance with this Section
24and the rules and regulations promulgated hereunder. Any child
25who received a health examination within one year prior to

 

 

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1entering the fifth grade for the 2007-2008 school year is not
2required to receive an additional health examination in order
3to comply with the provisions of Public Act 95-422 when he or
4she attends school for the 2008-2009 school year, unless the
5child is attending school for the first time as provided in
6this paragraph.
7    A tuberculosis skin test screening shall be included as a
8required part of each health examination included under this
9Section if the child resides in an area designated by the
10Department of Public Health as having a high incidence of
11tuberculosis. Additional health examinations of pupils,
12including eye examinations, may be required when deemed
13necessary by school authorities. Parents are encouraged to have
14their children undergo eye examinations at the same points in
15time required for health examinations.
16    (1.5) In compliance with rules adopted by the Department of
17Public Health and except as otherwise provided in this Section,
18all children in kindergarten and the second, sixth, and ninth
19grades of any public, private, or parochial school shall have a
20dental examination. Each of these children shall present proof
21of having been examined by a dentist in accordance with this
22Section and rules adopted under this Section before May 15th of
23the school year. If a child in the second, sixth, or ninth
24grade fails to present proof by May 15th, the school may hold
25the child's report card until one of the following occurs: (i)
26the child presents proof of a completed dental examination or

 

 

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1(ii) the child presents proof that a dental examination will
2take place within 60 days after May 15th. A school may not
3withhold a child's report card during a school year in which
4the Governor has declared a disaster due to a public health
5emergency pursuant to Section 7 of the Illinois Emergency
6Management Agency Act. The Department of Public Health shall
7establish, by rule, a waiver for children who show an undue
8burden or a lack of access to a dentist. Each public, private,
9and parochial school must give notice of this dental
10examination requirement to the parents and guardians of
11students at least 60 days before May 15th of each school year.
12    (1.10) Except as otherwise provided in this Section, all
13children enrolling in kindergarten in a public, private, or
14parochial school on or after January 1, 2008 (the effective
15date of Public Act 95-671) and any student enrolling for the
16first time in a public, private, or parochial school on or
17after January 1, 2008 (the effective date of Public Act 95-671)
18shall have an eye examination. Each of these children shall
19present proof of having been examined by a physician licensed
20to practice medicine in all of its branches or a licensed
21optometrist within the previous year, in accordance with this
22Section and rules adopted under this Section, before October
2315th of the school year. If the child fails to present proof by
24October 15th, the school may hold the child's report card until
25one of the following occurs: (i) the child presents proof of a
26completed eye examination or (ii) the child presents proof that

 

 

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1an eye examination will take place within 60 days after October
215th. A school may not withhold a child's report card during a
3school year in which the Governor has declared a disaster due
4to a public health emergency pursuant to Section 7 of the
5Illinois Emergency Management Agency Act. The Department of
6Public Health shall establish, by rule, a waiver for children
7who show an undue burden or a lack of access to a physician
8licensed to practice medicine in all of its branches who
9provides eye examinations or to a licensed optometrist. Each
10public, private, and parochial school must give notice of this
11eye examination requirement to the parents and guardians of
12students in compliance with rules of the Department of Public
13Health. Nothing in this Section shall be construed to allow a
14school to exclude a child from attending because of a parent's
15or guardian's failure to obtain an eye examination for the
16child.
17    (2) The Department of Public Health shall promulgate rules
18and regulations specifying the examinations and procedures
19that constitute a health examination, which shall include an
20age-appropriate developmental screening, an age-appropriate
21social and emotional screening, and the collection of data
22relating to asthma and obesity (including at a minimum, date of
23birth, gender, height, weight, blood pressure, and date of
24exam), and a dental examination and may recommend by rule that
25certain additional examinations be performed. The rules and
26regulations of the Department of Public Health shall specify

 

 

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1that a tuberculosis skin test screening shall be included as a
2required part of each health examination included under this
3Section if the child resides in an area designated by the
4Department of Public Health as having a high incidence of
5tuberculosis. With respect to the developmental screening and
6the social and emotional screening, the Department of Public
7Health must, no later than January 1, 2019, develop rules and
8appropriate revisions to the Child Health Examination form in
9conjunction with a statewide organization representing school
10boards; a statewide organization representing pediatricians;
11statewide organizations representing individuals holding
12Illinois educator licenses with school support personnel
13endorsements, including school social workers, school
14psychologists, and school nurses; a statewide organization
15representing children's mental health experts; a statewide
16organization representing school principals; the Director of
17Healthcare and Family Services or his or her designee, the
18State Superintendent of Education or his or her designee; and
19representatives of other appropriate State agencies and, at a
20minimum, must recommend the use of validated screening tools
21appropriate to the child's age or grade, and, with regard to
22the social and emotional screening, require recording only
23whether or not the screening was completed. The rules shall
24take into consideration the screening recommendations of the
25American Academy of Pediatrics and must be consistent with the
26State Board of Education's social and emotional learning

 

 

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1standards. The Department of Public Health shall specify that a
2diabetes screening as defined by rule shall be included as a
3required part of each health examination. Diabetes testing is
4not required.
5    Physicians licensed to practice medicine in all of its
6branches, licensed advanced practice registered nurses, or
7licensed physician assistants shall be responsible for the
8performance of the health examinations, other than dental
9examinations, eye examinations, and vision and hearing
10screening, and shall sign all report forms required by
11subsection (4) of this Section that pertain to those portions
12of the health examination for which the physician, advanced
13practice registered nurse, or physician assistant is
14responsible. If a registered nurse performs any part of a
15health examination, then a physician licensed to practice
16medicine in all of its branches must review and sign all
17required report forms. Licensed dentists shall perform all
18dental examinations and shall sign all report forms required by
19subsection (4) of this Section that pertain to the dental
20examinations. Physicians licensed to practice medicine in all
21its branches or licensed optometrists shall perform all eye
22examinations required by this Section and shall sign all report
23forms required by subsection (4) of this Section that pertain
24to the eye examination. For purposes of this Section, an eye
25examination shall at a minimum include history, visual acuity,
26subjective refraction to best visual acuity near and far,

 

 

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1internal and external examination, and a glaucoma evaluation,
2as well as any other tests or observations that in the
3professional judgment of the doctor are necessary. Vision and
4hearing screening tests, which shall not be considered
5examinations as that term is used in this Section, shall be
6conducted in accordance with rules and regulations of the
7Department of Public Health, and by individuals whom the
8Department of Public Health has certified. In these rules and
9regulations, the Department of Public Health shall require that
10individuals conducting vision screening tests give a child's
11parent or guardian written notification, before the vision
12screening is conducted, that states, "Vision screening is not a
13substitute for a complete eye and vision evaluation by an eye
14doctor. Your child is not required to undergo this vision
15screening if an optometrist or ophthalmologist has completed
16and signed a report form indicating that an examination has
17been administered within the previous 12 months.".
18    (2.5) With respect to the developmental screening and the
19social and emotional screening portion of the health
20examination, each child may present proof of having been
21screened in accordance with this Section and the rules adopted
22under this Section before October 15th of the school year. With
23regard to the social and emotional screening only, the
24examining health care provider shall only record whether or not
25the screening was completed. If the child fails to present
26proof of the developmental screening or the social and

 

 

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1emotional screening portions of the health examination by
2October 15th of the school year, qualified school support
3personnel may, with a parent's or guardian's consent, offer the
4developmental screening or the social and emotional screening
5to the child. Each public, private, and parochial school must
6give notice of the developmental screening and social and
7emotional screening requirements to the parents and guardians
8of students in compliance with the rules of the Department of
9Public Health. Nothing in this Section shall be construed to
10allow a school to exclude a child from attending because of a
11parent's or guardian's failure to obtain a developmental
12screening or a social and emotional screening for the child.
13Once a developmental screening or a social and emotional
14screening is completed and proof has been presented to the
15school, the school may, with a parent's or guardian's consent,
16make available appropriate school personnel to work with the
17parent or guardian, the child, and the provider who signed the
18screening form to obtain any appropriate evaluations and
19services as indicated on the form and in other information and
20documentation provided by the parents, guardians, or provider.
21    (3) Every child shall, at or about the same time as he or
22she receives a health examination required by subsection (1) of
23this Section, present to the local school proof of having
24received such immunizations against preventable communicable
25diseases as the Department of Public Health shall require by
26rules and regulations promulgated pursuant to this Section and

 

 

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1the Communicable Disease Prevention Act.
2    (4) The individuals conducting the health examination,
3dental examination, or eye examination shall record the fact of
4having conducted the examination, and such additional
5information as required, including for a health examination
6data relating to asthma and obesity (including at a minimum,
7date of birth, gender, height, weight, blood pressure, and date
8of exam), on uniform forms which the Department of Public
9Health and the State Board of Education shall prescribe for
10statewide use. The examiner shall summarize on the report form
11any condition that he or she suspects indicates a need for
12special services, including for a health examination factors
13relating to asthma or obesity. The duty to summarize on the
14report form does not apply to social and emotional screenings.
15The confidentiality of the information and records relating to
16the developmental screening and the social and emotional
17screening shall be determined by the statutes, rules, and
18professional ethics governing the type of provider conducting
19the screening. The individuals confirming the administration
20of required immunizations shall record as indicated on the form
21that the immunizations were administered.
22    (5) If a child does not submit proof of having had either
23the health examination or the immunization as required, then
24the child shall be examined or receive the immunization, as the
25case may be, and present proof by October 15 of the current
26school year, or by an earlier date of the current school year

 

 

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1established by a school district. To establish a date before
2October 15 of the current school year for the health
3examination or immunization as required, a school district must
4give notice of the requirements of this Section 60 days prior
5to the earlier established date. If for medical reasons one or
6more of the required immunizations must be given after October
715 of the current school year, or after an earlier established
8date of the current school year, then the child shall present,
9by October 15, or by the earlier established date, a schedule
10for the administration of the immunizations and a statement of
11the medical reasons causing the delay, both the schedule and
12the statement being issued by the physician, advanced practice
13registered nurse, physician assistant, registered nurse, or
14local health department that will be responsible for
15administration of the remaining required immunizations. If a
16child does not comply by October 15, or by the earlier
17established date of the current school year, with the
18requirements of this subsection, then the local school
19authority shall exclude that child from school until such time
20as the child presents proof of having had the health
21examination as required and presents proof of having received
22those required immunizations which are medically possible to
23receive immediately. During a child's exclusion from school for
24noncompliance with this subsection, the child's parents or
25legal guardian shall be considered in violation of Section 26-1
26and subject to any penalty imposed by Section 26-10. This

 

 

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1subsection (5) does not apply to dental examinations, eye
2examinations, and the developmental screening and the social
3and emotional screening portions of the health examination. If
4the student is an out-of-state transfer student and does not
5have the proof required under this subsection (5) before
6October 15 of the current year or whatever date is set by the
7school district, then he or she may only attend classes (i) if
8he or she has proof that an appointment for the required
9vaccinations has been scheduled with a party authorized to
10submit proof of the required vaccinations. If the proof of
11vaccination required under this subsection (5) is not submitted
12within 30 days after the student is permitted to attend
13classes, then the student is not to be permitted to attend
14classes until proof of the vaccinations has been properly
15submitted. No school district or employee of a school district
16shall be held liable for any injury or illness to another
17person that results from admitting an out-of-state transfer
18student to class that has an appointment scheduled pursuant to
19this subsection (5).
20    (6) Every school shall report to the State Board of
21Education by November 15, in the manner which that agency shall
22require, the number of children who have received the necessary
23immunizations and the health examination (other than a dental
24examination or eye examination) as required, indicating, of
25those who have not received the immunizations and examination
26as required, the number of children who are exempt from health

 

 

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1examination and immunization requirements on religious or
2medical grounds as provided in subsection (8). On or before
3December 1 of each year, every public school district and
4registered nonpublic school shall make publicly available the
5immunization data they are required to submit to the State
6Board of Education by November 15. The immunization data made
7publicly available must be identical to the data the school
8district or school has reported to the State Board of
9Education.
10    Every school shall report to the State Board of Education
11by June 30, in the manner that the State Board requires, the
12number of children who have received the required dental
13examination, indicating, of those who have not received the
14required dental examination, the number of children who are
15exempt from the dental examination on religious grounds as
16provided in subsection (8) of this Section and the number of
17children who have received a waiver under subsection (1.5) of
18this Section.
19    Every school shall report to the State Board of Education
20by June 30, in the manner that the State Board requires, the
21number of children who have received the required eye
22examination, indicating, of those who have not received the
23required eye examination, the number of children who are exempt
24from the eye examination as provided in subsection (8) of this
25Section, the number of children who have received a waiver
26under subsection (1.10) of this Section, and the total number

 

 

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1of children in noncompliance with the eye examination
2requirement.
3    The reported information under this subsection (6) shall be
4provided to the Department of Public Health by the State Board
5of Education.
6    (7) Upon determining that the number of pupils who are
7required to be in compliance with subsection (5) of this
8Section is below 90% of the number of pupils enrolled in the
9school district, 10% of each State aid payment made pursuant to
10Section 18-8.05 or 18-8.15 to the school district for such year
11may be withheld by the State Board of Education until the
12number of students in compliance with subsection (5) is the
13applicable specified percentage or higher.
14    (8) Children of parents or legal guardians who object to
15health, dental, or eye examinations or any part thereof, to
16immunizations, or to vision and hearing screening tests on
17religious grounds shall not be required to undergo the
18examinations, tests, or immunizations to which they so object
19if such parents or legal guardians present to the appropriate
20local school authority a signed Certificate of Religious
21Exemption detailing the grounds for objection and the specific
22immunizations, tests, or examinations to which they object. The
23grounds for objection must set forth the specific religious
24belief that conflicts with the examination, test,
25immunization, or other medical intervention. The signed
26certificate shall also reflect the parent's or legal guardian's

 

 

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1understanding of the school's exclusion policies in the case of
2a vaccine-preventable disease outbreak or exposure. The
3certificate must also be signed by the authorized examining
4health care provider responsible for the performance of the
5child's health examination confirming that the provider
6provided education to the parent or legal guardian on the
7benefits of immunization and the health risks to the student
8and to the community of the communicable diseases for which
9immunization is required in this State. However, the health
10care provider's signature on the certificate reflects only that
11education was provided and does not allow a health care
12provider grounds to determine a religious exemption. Those
13receiving immunizations required under this Code shall be
14provided with the relevant vaccine information statements that
15are required to be disseminated by the federal National
16Childhood Vaccine Injury Act of 1986, which may contain
17information on circumstances when a vaccine should not be
18administered, prior to administering a vaccine. A healthcare
19provider may consider including without limitation the
20nationally accepted recommendations from federal agencies such
21as the Advisory Committee on Immunization Practices, the
22information outlined in the relevant vaccine information
23statement, and vaccine package inserts, along with the
24healthcare provider's clinical judgment, to determine whether
25any child may be more susceptible to experiencing an adverse
26vaccine reaction than the general population, and, if so, the

 

 

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1healthcare provider may exempt the child from an immunization
2or adopt an individualized immunization schedule. The
3Certificate of Religious Exemption shall be created by the
4Department of Public Health and shall be made available and
5used by parents and legal guardians by the beginning of the
62015-2016 school year. Parents or legal guardians must submit
7the Certificate of Religious Exemption to their local school
8authority prior to entering kindergarten, sixth grade, and
9ninth grade for each child for which they are requesting an
10exemption. The religious objection stated need not be directed
11by the tenets of an established religious organization.
12However, general philosophical or moral reluctance to allow
13physical examinations, eye examinations, immunizations, vision
14and hearing screenings, or dental examinations does not provide
15a sufficient basis for an exception to statutory requirements.
16The local school authority is responsible for determining if
17the content of the Certificate of Religious Exemption
18constitutes a valid religious objection. The local school
19authority shall inform the parent or legal guardian of
20exclusion procedures, in accordance with the Department's
21rules under Part 690 of Title 77 of the Illinois Administrative
22Code, at the time the objection is presented.
23    If the physical condition of the child is such that any one
24or more of the immunizing agents should not be administered,
25the examining physician, advanced practice registered nurse,
26or physician assistant responsible for the performance of the

 

 

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1health examination shall endorse that fact upon the health
2examination form.
3    Exempting a child from the health, dental, or eye
4examination does not exempt the child from participation in the
5program of physical education training provided in Sections
627-5 through 27-7 of this Code.
7    (8.5) The school board of a school district shall include
8informational materials regarding influenza and influenza
9vaccinations and meningococcal disease and meningococcal
10vaccinations developed, provided, or approved by the
11Department of Public Health under Section 2310-700 of the
12Department of Public Health Powers and Duties Law of the Civil
13Administrative Code of Illinois when the board provides
14information on immunizations, infectious diseases,
15medications, or other school health issues to the parents or
16guardians of students.
17    (9) For the purposes of this Section, "nursery schools"
18means those nursery schools operated by elementary school
19systems or secondary level school units or institutions of
20higher learning.
21(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
22100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
238-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
24eff. 7-12-19.)
 
25    (105 ILCS 5/27-21)  (from Ch. 122, par. 27-21)

 

 

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1    (Text of Section before amendment by P.A. 101-227)
2    Sec. 27-21. History of United States. History of the United
3States shall be taught in all public schools and in all other
4educational institutions in this State supported or
5maintained, in whole or in part, by public funds. The teaching
6of history shall have as one of its objectives the imparting to
7pupils of a comprehensive idea of our democratic form of
8government and the principles for which our government stands
9as regards other nations, including the studying of the place
10of our government in world-wide movements and the leaders
11thereof, with particular stress upon the basic principles and
12ideals of our representative form of government. The teaching
13of history shall include a study of the role and contributions
14of African Americans and other ethnic groups, including, but
15not restricted to, Polish, Lithuanian, German, Hungarian,
16Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
17French, Scots, Hispanics, Asian Americans, etc., in the history
18of this country and this State. To reinforce the study of the
19role and contributions of Hispanics, such curriculum shall
20include the study of the events related to the forceful removal
21and illegal deportation of Mexican-American U.S. citizens
22during the Great Depression. The teaching of history also shall
23include a study of the role of labor unions and their
24interaction with government in achieving the goals of a mixed
25free enterprise system. Beginning with the 2020-2021 school
26year, the teaching of history must also include instruction on

 

 

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1the history of Illinois. No pupils shall be graduated from the
2eighth grade of any public school unless he has received such
3instruction in the history of the United States and gives
4evidence of having a comprehensive knowledge thereof, which may
5be administered remotely.
6(Source: P.A. 101-341, eff. 1-1-20; revised 9-19-19.)
 
7    (Text of Section after amendment by P.A. 101-227)
8    Sec. 27-21. History of United States. History of the United
9States shall be taught in all public schools and in all other
10educational institutions in this State supported or
11maintained, in whole or in part, by public funds. The teaching
12of history shall have as one of its objectives the imparting to
13pupils of a comprehensive idea of our democratic form of
14government and the principles for which our government stands
15as regards other nations, including the studying of the place
16of our government in world-wide movements and the leaders
17thereof, with particular stress upon the basic principles and
18ideals of our representative form of government. The teaching
19of history shall include a study of the role and contributions
20of African Americans and other ethnic groups, including, but
21not restricted to, Polish, Lithuanian, German, Hungarian,
22Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
23French, Scots, Hispanics, Asian Americans, etc., in the history
24of this country and this State. To reinforce the study of the
25role and contributions of Hispanics, such curriculum shall

 

 

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1include the study of the events related to the forceful removal
2and illegal deportation of Mexican-American U.S. citizens
3during the Great Depression. In public schools only, the
4teaching of history shall include a study of the roles and
5contributions of lesbian, gay, bisexual, and transgender
6people in the history of this country and this State. The
7teaching of history also shall include a study of the role of
8labor unions and their interaction with government in achieving
9the goals of a mixed free enterprise system. Beginning with the
102020-2021 school year, the teaching of history must also
11include instruction on the history of Illinois. No pupils shall
12be graduated from the eighth grade of any public school unless
13he or she has received such instruction in the history of the
14United States and gives evidence of having a comprehensive
15knowledge thereof, which may be administered remotely.
16(Source: P.A. 101-227, eff. 7-1-20; 101-341, eff. 1-1-20;
17revised 9-19-19.)
 
18    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
19    Sec. 27-22. Required high school courses.
20    (a) (Blank).
21    (b) (Blank).
22    (c) (Blank).
23    (d) (Blank).
24    (e) As a prerequisite to receiving a high school diploma,
25each pupil entering the 9th grade must, in addition to other

 

 

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1course requirements, successfully complete all of the
2following courses:
3        (1) Four years of language arts.
4        (2) Two years of writing intensive courses, one of
5    which must be English and the other of which may be English
6    or any other subject. When applicable, writing-intensive
7    courses may be counted towards the fulfillment of other
8    graduation requirements.
9        (3) Three years of mathematics, one of which must be
10    Algebra I, one of which must include geometry content, and
11    one of which may be an Advanced Placement computer science
12    course. A mathematics course that includes geometry
13    content may be offered as an integrated, applied,
14    interdisciplinary, or career and technical education
15    course that prepares a student for a career readiness path.
16        (4) Two years of science.
17        (5) Two years of social studies, of which at least one
18    year must be history of the United States or a combination
19    of history of the United States and American government
20    and, beginning with pupils entering the 9th grade in the
21    2016-2017 school year and each school year thereafter, at
22    least one semester must be civics, which shall help young
23    people acquire and learn to use the skills, knowledge, and
24    attitudes that will prepare them to be competent and
25    responsible citizens throughout their lives. Civics course
26    content shall focus on government institutions, the

 

 

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1    discussion of current and controversial issues, service
2    learning, and simulations of the democratic process.
3    School districts may utilize private funding available for
4    the purposes of offering civics education.
5        (6) One year chosen from (A) music, (B) art, (C)
6    foreign language, which shall be deemed to include American
7    Sign Language, or (D) vocational education.
8    (f) The State Board of Education shall develop and inform
9school districts of standards for writing-intensive
10coursework.
11    (f-5) If a school district offers an Advanced Placement
12computer science course to high school students, then the
13school board must designate that course as equivalent to a high
14school mathematics course and must denote on the student's
15transcript that the Advanced Placement computer science course
16qualifies as a mathematics-based, quantitative course for
17students in accordance with subdivision (3) of subsection (e)
18of this Section.
19    (g) This amendatory Act of 1983 does not apply to pupils
20entering the 9th grade in 1983-1984 school year and prior
21school years or to students with disabilities whose course of
22study is determined by an individualized education program.
23    This amendatory Act of the 94th General Assembly does not
24apply to pupils entering the 9th grade in the 2004-2005 school
25year or a prior school year or to students with disabilities
26whose course of study is determined by an individualized

 

 

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1education program.
2    (h) The provisions of this Section are subject to the
3provisions of Section 27-22.05 of this Code and the
4Postsecondary and Workforce Readiness Act.
5    (i) The State Board of Education may adopt rules to modify
6the requirements of this Section for any students enrolled in
7grades 9 through 12 if the Governor has declared a disaster due
8to a public health emergency pursuant to Section 7 of the
9Illinois Emergency Management Agency Act.
10(Source: P.A. 100-443, eff. 8-25-17; 101-464, eff. 1-1-20.)
 
11    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
12    Sec. 34-2.1. Local School Councils - Composition -
13Voter-Eligibility - Elections - Terms.
14    (a) A local school council shall be established for each
15attendance center within the school district. Each local school
16council shall consist of the following 12 voting members: the
17principal of the attendance center, 2 teachers employed and
18assigned to perform the majority of their employment duties at
19the attendance center, 6 parents of students currently enrolled
20at the attendance center, one employee of the school district
21employed and assigned to perform the majority of his or her
22employment duties at the attendance center who is not a
23teacher, and 2 community residents. Neither the parents nor the
24community residents who serve as members of the local school
25council shall be employees of the Board of Education. In each

 

 

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1secondary attendance center, the local school council shall
2consist of 13 voting members -- the 12 voting members described
3above and one full-time student member, appointed as provided
4in subsection (m) below. In the event that the chief executive
5officer of the Chicago School Reform Board of Trustees
6determines that a local school council is not carrying out its
7financial duties effectively, the chief executive officer is
8authorized to appoint a representative of the business
9community with experience in finance and management to serve as
10an advisor to the local school council for the purpose of