Rep. William Davis

Filed: 5/21/2020

 

 


 

 


 
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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, 2-3.170, 10-19, 10-19.05, 10-20.56,
710-21.9, 14-8.02f, 14-8.02h, 17-2.11, 17-2A, 18-8.15, 21A-5,
821A-30, 21A-35, 21B-20, 21B-35, 21B-45, 21B-50, 24-11, 24-12,
924A-5, 27-3, 27-6.5, 27-8.1, 27-21, 27-22, 34-2.1, 34-2.2,
1034-18.5 and by adding Sections 10-30, 21B-110, 21B-115, 22-89,
11and 34-18.66 as follows:
 
12    (105 ILCS 5/1H-115)
13    Sec. 1H-115. Abolition of Panel.
14    (a) Except as provided in subsections (b), (c), and (d),
15and (e) of this Section, the Panel shall be abolished 10 years
16after its creation.

 

 

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

 

 

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1requirements for abolition of a Panel under subsection (b) of
2this Section, except for outstanding obligations of the Panel,
3then the district may petition the State Board for abolition of
4the Panel if the district:
5        (1) establishes an irrevocable trust fund, the purpose
6    of which is to provide moneys to defease the outstanding
7    obligations of the Panel; and
8        (2) issues funding bonds pursuant to the provisions of
9    Sections 19-8 and 19-9 of this Code.
10    A district with a Panel that falls under this subsection
11(d) shall be abolished as provided in subsection (a) of this
12Section.
13    (e) The duration of a Panel may be continued for more than
1410 years after the date of its creation if the State Board
15extends the Panel's duration under paragraph (3) of subsection
16(e) of Section 18-8.15 of this Code.
17(Source: P.A. 97-429, eff. 8-16-11; 98-463, eff. 8-16-13.)
 
18    (105 ILCS 5/2-3.64a-5)
19    Sec. 2-3.64a-5. State goals and assessment.
20    (a) For the assessment and accountability purposes of this
21Section, "students" includes those students enrolled in a
22public or State-operated elementary school, secondary school,
23or cooperative or joint agreement with a governing body or
24board of control, a charter school operating in compliance with
25the Charter Schools Law, a school operated by a regional office

 

 

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

 

 

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

 

 

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1administration of assessments from the U.S. Department of
2Education.
3    (d) Every individualized educational program as described
4in Article 14 shall identify if the State assessment or
5components thereof require accommodation for the student. The
6State Board of Education shall develop rules governing the
7administration of an alternate assessment that may be available
8to students for whom participation in this State's regular
9assessments is not appropriate, even with accommodations as
10allowed under this Section.
11    Students receiving special education services whose
12individualized educational programs identify them as eligible
13for the alternative State assessments nevertheless shall have
14the option of also taking this State's regular final
15accountability assessment, which shall be administered in
16accordance with the eligible accommodations appropriate for
17meeting these students' respective needs.
18    All students determined to be English learners shall
19participate in the State assessments. The scores of those
20students who have been enrolled in schools in the United States
21for less than 12 months may not be used for the purposes of
22accountability. Any student determined to be an English learner
23shall receive appropriate assessment accommodations, including
24language supports, which shall be established by rule. Approved
25assessment accommodations must be provided until the student's
26English language skills develop to the extent that the student

 

 

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1is no longer considered to be an English learner, as
2demonstrated through a State-identified English language
3proficiency assessment.
4    (e) The results or scores of each assessment taken under
5this Section shall be made available to the parents of each
6student.
7    In each school year, the scores attained by a student on
8the final accountability assessment must be placed in the
9student's permanent record pursuant to rules that the State
10Board of Education shall adopt for that purpose in accordance
11with Section 3 of the Illinois School Student Records Act. In
12each school year, the scores attained by a student on the State
13assessments administered in grades 3 through 8 must be placed
14in the student's temporary record.
15    (f) All schools shall administer the State's academic
16assessment of English language proficiency to all children
17determined to be English learners.
18    (g) All schools in this State that are part of the sample
19drawn by the National Center for Education Statistics, in
20collaboration with their school districts and the State Board
21of Education, shall administer the academic assessments under
22the National Assessment of Educational Progress carried out
23under Section 411(b)(2) of the federal National Education
24Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
25of Education pays the costs of administering the assessments.
26    (h) (Blank).

 

 

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

 

 

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1assessments (including whether the requirements of subsection
2(i) of this Section have been met), the time and money expended
3at the local and State levels to prepare for and administer the
4assessments, the collective results of the assessments as
5measured against the stated purpose of assessing student
6performance, and other issues involving the assessments
7identified by the Committee. The Committee shall make periodic
8recommendations to the State Superintendent of Education and
9the General Assembly concerning the assessments.
10    (k) The State Board of Education may adopt rules to
11implement this Section.
12(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
13eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
14100-863, eff. 8-14-18; 100-1046, eff. 8-23-18.)
 
15    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
16    Sec. 2-3.71. Grants for preschool educational programs.
17    (a) Preschool program.
18        (1) The State Board of Education shall implement and
19    administer a grant program under the provisions of this
20    subsection which shall consist of grants to public school
21    districts and other eligible entities, as defined by the
22    State Board of Education, to conduct voluntary preschool
23    educational programs for children ages 3 to 5 which include
24    a parent education component. A public school district
25    which receives grants under this subsection may

 

 

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

 

 

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1        postsecondary coursework in the area of early
2        childhood education.
3        (4) (Blank).
4        (4.5) The State Board of Education shall provide the
5    primary source of funding through appropriations for the
6    program. Such funds shall be distributed to achieve a goal
7    of "Preschool for All Children" for the benefit of all
8    children whose families choose to participate in the
9    program. Based on available appropriations, newly funded
10    programs shall be selected through a process giving first
11    priority to qualified programs serving primarily at-risk
12    children and second priority to qualified programs serving
13    primarily children with a family income of less than 4
14    times the poverty guidelines updated periodically in the
15    Federal Register by the U.S. Department of Health and Human
16    Services under the authority of 42 U.S.C. 9902(2). For
17    purposes of this paragraph (4.5), at-risk children are
18    those who because of their home and community environment
19    are subject to such language, cultural, economic and like
20    disadvantages to cause them to have been determined as a
21    result of screening procedures to be at risk of academic
22    failure. Such screening procedures shall be based on
23    criteria established by the State Board of Education.
24        Except as otherwise provided in this paragraph (4.5),
25    grantees under the program must enter into a memorandum of
26    understanding with the appropriate local Head Start

 

 

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

 

 

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

 

 

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1        (6) The State Board of Education shall report to the
2    General Assembly by November 1, 2018 and every 2 years
3    thereafter on the results and progress of students who were
4    enrolled in preschool educational programs, including an
5    assessment of which programs have been most successful in
6    promoting academic excellence and alleviating academic
7    failure. The State Board of Education shall assess the
8    academic progress of all students who have been enrolled in
9    preschool educational programs.
10        On or before November 1 of each fiscal year in which
11    the General Assembly provides funding for new programs
12    under paragraph (4.5) of this Section, the State Board of
13    Education shall report to the General Assembly on what
14    percentage of new funding was provided to programs serving
15    primarily at-risk children, what percentage of new funding
16    was provided to programs serving primarily children with a
17    family income of less than 4 times the federal poverty
18    level, and what percentage of new funding was provided to
19    other programs.
20        (7) Due to evidence that expulsion practices in the
21    preschool years are linked to poor child outcomes and are
22    employed inconsistently across racial and gender groups,
23    early childhood programs receiving State funds under this
24    subsection (a) shall prohibit expulsions. Planned
25    transitions to settings that are able to better meet a
26    child's needs are not considered expulsion under this

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (b) (Blank).
2    (c) Notwithstanding any other provisions of this Section,
3grantees may serve children ages 0 to 12 of essential workers
4if the Governor has declared a disaster due to a public health
5emergency pursuant to Section 7 of the Illinois Emergency
6Management Agency Act. For the purposes of this subsection,
7essential workers include those outlined in Executive Order
820-8 and school employees. The State Board of Education shall
9adopt rules to administer this subsection.
10(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18.)
 
11    (105 ILCS 5/2-3.170)
12    Sec. 2-3.170. Property tax relief pool grants.
13    (a) As used in this Section,
14    "EAV" means equalized assessed valuation as defined under
15Section 18-8.15 of this Code.
16    "Property tax multiplier" equals one minus the square of
17the school district's Local Capacity Percentage, as defined in
18Section 18-8.15 of this Code.
19    "Local capacity percentage multiplier" means one minus the
20school district's Local Capacity Percentage, as defined in
21Section 18-8.15.
22    "State Board" means the State Board of Education.
23    (b) Subject to appropriation, the State Board shall provide
24grants to eligible school districts that provide tax relief to
25the school district's residents, which may be no greater than

 

 

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11% of EAV for a unit district, 0.69% of EAV for an elementary
2school district, or 0.31% of EAV for a high school district, as
3provided in this Section.
4    (b-5) School districts may apply for property tax relief
5under this Section concurrently to setting their levy for the
6fiscal year. The intended relief may not be greater than 1% of
7the EAV for a unit district, 0.69% of the EAV for an elementary
8school district, or 0.31% of the EAV for a high school
9district, multiplied by the school district's local capacity
10percentage multiplier. The State Board shall process
11applications for relief, providing a grant to those districts
12with the highest operating tax rate, as determined by those
13districts with the highest percentage of the simple average
14operating tax rate of districts of the same type, either
15elementary, high school, or unit, first, in an amount equal to
16the intended relief multiplied by the property tax multiplier.
17The State Board shall provide grants to school districts in
18order of priority until the property tax relief pool is
19exhausted. If more school districts apply for relief under this
20subsection than there are funds available, the State Board must
21distribute the grants and prorate any remaining funds to the
22final school district that qualifies for grant relief. The
23abatement amount for that district must be equal to the grant
24amount divided by the property tax multiplier.
25    If a school district receives the State Board's approval of
26a grant under this Section by March 1 of the fiscal year, the

 

 

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1school district shall present a duly authorized and approved
2abatement resolution by March 30 of the fiscal year to the
3county clerk of each county in which the school files its levy,
4authorizing the county clerk to lower the school district's
5levy by the amount designated in its application to the State
6Board. When the preceding requisites are satisfied, the county
7clerk shall reduce the amount collected for the school district
8by the amount indicated in the school district's abatement
9resolution for that fiscal year.
10    (c) (Blank).
11    (d) School districts seeking grants under this Section
12shall apply to the State Board each year. All applications to
13the State Board for grants shall include the amount of the tax
14relief intended by the school district.
15    (e) Each year, based on the most recent available data
16provided by school districts pursuant to Section 18-8.15 of
17this Code, the State Board shall calculate the order of
18priority for grant eligibility under subsection (b-5) and
19publish a list of the school districts eligible for relief. The
20State Board shall provide grants in the manner provided under
21subsection (b-5).
22    (f) The State Board shall publish a final list of eligible
23grant recipients and provide payment of the grants by March 1
24of each year.
25    (g) If notice of eligibility from the State Board is
26received by a school district by March 1, then by March 30, the

 

 

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1school district shall file an abatement of its property tax
2levy in an amount equal to the grant received under this
3Section divided by the property tax multiplier. Payment of all
4grant amounts shall be made by June 1 each fiscal year. The
5State Superintendent of Education shall establish the timeline
6in such cases in which notice cannot be made by March 1.
7    (h) The total property tax relief allowable to a school
8district under this Section shall be calculated based on the
9total amount of reduction in the school district's aggregate
10extension. The total grant shall be equal to the reduction,
11multiplied by the property tax multiplier. The reduction shall
12be equal to 1% of a district's EAV for a unit school district,
130.69% for an elementary school district, or 0.31% for a high
14school district, multiplied by the school district's local
15capacity percentage multiplier.
16    (i) If the State Board does not expend all appropriations
17allocated pursuant to this Section, then any remaining funds
18shall be allocated pursuant to Section 18-8.15 of this Code.
19    (j) The State Board shall prioritize payments under Section
2018-8.15 of this Code over payments under this Section, if
21necessary.
22    (k) Any grants received by a school district shall be
23included in future calculations of that school district's Base
24Funding Minimum under Section 18-8.15 of this Code. Beginning
25with Fiscal Year 2020, if a school district receives a grant
26under this Section, the school district must present to the

 

 

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1county clerk a duly authorized and approved abatement
2resolution by March 30 for the year in which the school
3district receives the grant and the successive fiscal year
4following the receipt of the grant, authorizing the county
5clerk to lower the school district's levy by the amount
6designated in its original application to the State Board.
7After receiving a resolution, the county clerk must reduce the
8amount collected for the school district by the amount
9indicated in the school district's abatement resolution for
10that fiscal year. If a school district does not abate in this
11amount for the successive fiscal year, the grant amount may not
12be included in the school district's Base Funding Minimum under
13Section 18-8.15 in the fiscal year following the tax year in
14which the abatement is not authorized and in any future fiscal
15year thereafter, and the county clerk must notify the State
16Board of the increase no later 30 days after it occurs.
17    (l) In the immediate 2 consecutive tax years year following
18receipt of a Property Tax Pool Relief Grant, the aggregate
19extension base levy of any school district receiving a grant
20under this Section, for purposes of the Property Tax Extension
21Limitation Law, shall include the tax relief the school
22district provided in the previous taxable year under this
23Section.
24(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18;
25100-863, eff. 8-14-18; 101-17, eff. 6-14-19.)
 

 

 

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1    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
2    Sec. 10-19. Length of school term - experimental programs.
3Each school board shall annually prepare a calendar for the
4school term, specifying the opening and closing dates and
5providing a minimum term of at least 185 days to insure 176
6days of actual pupil attendance, computable under Section
710-19.05, except that for the 1980-1981 school year only 175
8days of actual pupil attendance shall be required because of
9the closing of schools pursuant to Section 24-2 on January 29,
101981 upon the appointment by the President of that day as a day
11of thanksgiving for the freedom of the Americans who had been
12held hostage in Iran. Any days allowed by law for teachers'
13institutes but not used as such or used as parental institutes
14as provided in Section 10-22.18d shall increase the minimum
15term by the school days not so used. Except as provided in
16Section 10-19.1, the board may not extend the school term
17beyond such closing date unless that extension of term is
18necessary to provide the minimum number of computable days. In
19case of such necessary extension school employees shall be paid
20for such additional time on the basis of their regular
21contracts. A school board may specify a closing date earlier
22than that set on the annual calendar when the schools of the
23district have provided the minimum number of computable days
24under this Section. Nothing in this Section prevents the board
25from employing superintendents of schools, principals and
26other nonteaching personnel for a period of 12 months, or in

 

 

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1the case of superintendents for a period in accordance with
2Section 10-23.8, or prevents the board from employing other
3personnel before or after the regular school term with payment
4of salary proportionate to that received for comparable work
5during the school term. Remote learning days, blended remote
6learning days, and up to 5 remote and blended remote learning
7planning days established under Section 10-30 or 34-18.66 shall
8be deemed pupil attendance days for calculation of the length
9of a school term under this Section.
10    A school board may make such changes in its calendar for
11the school term as may be required by any changes in the legal
12school holidays prescribed in Section 24-2. A school board may
13make changes in its calendar for the school term as may be
14necessary to reflect the utilization of teachers' institute
15days as parental institute days as provided in Section
1610-22.18d.
17    The calendar for the school term and any changes must be
18submitted to and approved by the regional superintendent of
19schools before the calendar or changes may take effect.
20    With the prior approval of the State Board of Education and
21subject to review by the State Board of Education every 3
22years, any school board may, by resolution of its board and in
23agreement with affected exclusive collective bargaining
24agents, establish experimental educational programs, including
25but not limited to programs for e-learning days as authorized
26under Section 10-20.56 of this Code, self-directed learning, or

 

 

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1outside of formal class periods, which programs when so
2approved shall be considered to comply with the requirements of
3this Section as respects numbers of days of actual pupil
4attendance and with the other requirements of this Act as
5respects courses of instruction.
6(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
 
7    (105 ILCS 5/10-19.05)
8    Sec. 10-19.05. Daily pupil attendance calculation.
9    (a) Except as otherwise provided in this Section, for a
10pupil of legal school age and in kindergarten or any of grades
111 through 12, a day of attendance shall be counted only for
12sessions of not less than 5 clock hours of school work per day
13under direct supervision of (i) teachers or (ii) non-teaching
14personnel or volunteer personnel when engaging in non-teaching
15duties and supervising in those instances specified in
16subsection (a) of Section 10-22.34 and paragraph 10 of Section
1734-18. Days of attendance by pupils through verified
18participation in an e-learning program adopted by a school
19board and verified by the regional office of education or
20intermediate service center for the school district under
21Section 10-20.56 of this Code shall be considered as full days
22of attendance under this Section.
23    (b) A pupil regularly enrolled in a public school for only
24a part of the school day may be counted on the basis of
25one-sixth of a school day for every class hour of instruction

 

 

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1of 40 minutes or more attended pursuant to such enrollment,
2unless a pupil is enrolled in a block-schedule format of 80
3minutes or more of instruction, in which case the pupil may be
4counted on the basis of the proportion of minutes of school
5work completed each day to the minimum number of minutes that
6school work is required to be held that day.
7    (c) A session of 4 or more clock hours may be counted as a
8day of attendance upon certification by the regional
9superintendent of schools and approval by the State
10Superintendent of Education to the extent that the district has
11been forced to use daily multiple sessions.
12    (d) A session of 3 or more clock hours may be counted as a
13day of attendance (1) when the remainder of the school day or
14at least 2 hours in the evening of that day is utilized for an
15in-service training program for teachers, up to a maximum of 10
16days per school year, provided that a district conducts an
17in-service training program for teachers in accordance with
18Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
19full days may be used, in which event each such day may be
20counted as a day required for a legal school calendar pursuant
21to Section 10-19 of this Code; (2) when, of the 5 days allowed
22under item (1), a maximum of 4 days are used for parent-teacher
23conferences, or, in lieu of 4 such days, 2 full days are used,
24in which case each such day may be counted as a calendar day
25required under Section 10-19 of this Code, provided that the
26full-day, parent-teacher conference consists of (i) a minimum

 

 

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1of 5 clock hours of parent-teacher conferences, (ii) both a
2minimum of 2 clock hours of parent-teacher conferences held in
3the evening following a full day of student attendance and a
4minimum of 3 clock hours of parent-teacher conferences held on
5the day immediately following evening parent-teacher
6conferences, or (iii) multiple parent-teacher conferences held
7in the evenings following full days of student attendance in
8which the time used for the parent-teacher conferences is
9equivalent to a minimum of 5 clock hours; and (3) when days in
10addition to those provided in items (1) and (2) are scheduled
11by a school pursuant to its school improvement plan adopted
12under Article 34 or its revised or amended school improvement
13plan adopted under Article 2, provided that (i) such sessions
14of 3 or more clock hours are scheduled to occur at regular
15intervals, (ii) the remainder of the school days in which such
16sessions occur are utilized for in-service training programs or
17other staff development activities for teachers, and (iii) a
18sufficient number of minutes of school work under the direct
19supervision of teachers are added to the school days between
20such regularly scheduled sessions to accumulate not less than
21the number of minutes by which such sessions of 3 or more clock
22hours fall short of 5 clock hours. Days scheduled for
23in-service training programs, staff development activities, or
24parent-teacher conferences may be scheduled separately for
25different grade levels and different attendance centers of the
26district.

 

 

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1    (e) A session of not less than one clock hour of teaching
2hospitalized or homebound pupils on-site or by telephone to the
3classroom may be counted as a half day of attendance; however,
4these pupils must receive 4 or more clock hours of instruction
5to be counted for a full day of attendance.
6    (f) A session of at least 4 clock hours may be counted as a
7day of attendance for first grade pupils and pupils in full-day
8kindergartens, and a session of 2 or more hours may be counted
9as a half day of attendance by pupils in kindergartens that
10provide only half days of attendance.
11    (g) For children with disabilities who are below the age of
126 years and who cannot attend 2 or more clock hours because of
13their disability or immaturity, a session of not less than one
14clock hour may be counted as a half day of attendance; however,
15for such children whose educational needs require a session of
164 or more clock hours, a session of at least 4 clock hours may
17be counted as a full day of attendance.
18    (h) A recognized kindergarten that provides for only a half
19day of attendance by each pupil shall not have more than one
20half day of attendance counted in any one day. However,
21kindergartens may count 2 and a half days of attendance in any
225 consecutive school days. When a pupil attends such a
23kindergarten for 2 half days on any one school day, the pupil
24shall have the following day as a day absent from school,
25unless the school district obtains permission in writing from
26the State Superintendent of Education. Attendance at

 

 

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1kindergartens that provide for a full day of attendance by each
2pupil shall be counted the same as attendance by first grade
3pupils. Only the first year of attendance in one kindergarten
4shall be counted, except in the case of children who entered
5the kindergarten in their fifth year whose educational
6development requires a second year of kindergarten as
7determined under rules of the State Board of Education.
8    (i) On the days when the State's final accountability
9assessment is administered under subsection (c) of Section
102-3.64a-5 of this Code, the day of attendance for a pupil whose
11school day must be shortened to accommodate required testing
12procedures may be less than 5 clock hours and shall be counted
13toward the 176 days of actual pupil attendance required under
14Section 10-19 of this Code, provided that a sufficient number
15of minutes of school work in excess of 5 clock hours are first
16completed on other school days to compensate for the loss of
17school work on the examination days.
18    (j) Pupils enrolled in a remote educational program
19established under Section 10-29 of this Code may be counted on
20the basis of a one-fifth day of attendance for every clock hour
21of instruction attended in the remote educational program,
22provided that, in any month, the school district may not claim
23for a student enrolled in a remote educational program more
24days of attendance than the maximum number of days of
25attendance the district can claim (i) for students enrolled in
26a building holding year-round classes if the student is

 

 

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1classified as participating in the remote educational program
2on a year-round schedule or (ii) for students enrolled in a
3building not holding year-round classes if the student is not
4classified as participating in the remote educational program
5on a year-round schedule.
6    (j-5) The clock hour requirements of subsections (a)
7through (j) of this Section do not apply if the Governor has
8declared a disaster due to a public health emergency pursuant
9to Section 7 of the Illinois Emergency Management Agency Act.
10The State Superintendent of Education may establish minimum
11clock hour requirements under Sections 10-30 and 34-18.66 if
12the Governor has declared a disaster due to a public health
13emergency pursuant to Section 7 of the Illinois Emergency
14Management Agency Act.
15    (k) Pupil participation in any of the following activities
16shall be counted toward the calculation of clock hours of
17school work per day:
18        (1) Instruction in a college course in which a student
19    is dually enrolled for both high school credit and college
20    credit.
21        (2) Participation in a Supervised Career Development
22    Experience, as defined in Section 10 of the Postsecondary
23    and Workforce Readiness Act, in which student
24    participation and learning outcomes are supervised by an
25    educator licensed under Article 21B.
26        (3) Participation in a youth apprenticeship, as

 

 

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1    jointly defined in rules of the State Board of Education
2    and Department of Commerce and Economic Opportunity, in
3    which student participation and outcomes are supervised by
4    an educator licensed under Article 21B.
5        (4) Participation in a blended learning program
6    approved by the school district in which course content,
7    student evaluation, and instructional methods are
8    supervised by an educator licensed under Article 21B.
9(Source: P.A. 101-12, eff. 7-1-19.)
 
10    (105 ILCS 5/10-20.56)
11    Sec. 10-20.56. E-learning days.
12    (a) The State Board of Education shall establish and
13maintain, for implementation in school districts, a program for
14use of electronic-learning (e-learning) days, as described in
15this Section. School districts may utilize a program approved
16under this Section for use during remote learning days and
17blended remote learning days under Section 10-30 or 34-18.66.
18    (b) The school board of a school district may, by
19resolution, adopt a research-based program or research-based
20programs for e-learning days district-wide that shall permit
21student instruction to be received electronically while
22students are not physically present in lieu of the district's
23scheduled emergency days as required by Section 10-19 of this
24Code. The research-based program or programs may not exceed the
25minimum number of emergency days in the approved school

 

 

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1calendar and must be verified by the regional office of
2education or intermediate service center for the school
3district on or before September 1st annually to ensure access
4for all students. The regional office of education or
5intermediate service center shall ensure that the specific
6needs of all students are met, including special education
7students and English learners, and that all mandates are still
8met using the proposed research-based program. The e-learning
9program may utilize the Internet, telephones, texts, chat
10rooms, or other similar means of electronic communication for
11instruction and interaction between teachers and students that
12meet the needs of all learners. The e-learning program shall
13address the school district's responsibility to ensure that all
14teachers and staff who may be involved in the provision of
15e-learning have access to any and all hardware and software
16that may be required for the program. If a proposed program
17does not address this responsibility, the school district must
18propose an alternate program.
19    (c) Before its adoption by a school board, the school board
20must hold a public hearing on a school district's initial
21proposal for an e-learning program or for renewal of such a
22program, at a regular or special meeting of the school board,
23in which the terms of the proposal must be substantially
24presented and an opportunity for allowing public comments must
25be provided. Notice of such public hearing must be provided at
26least 10 days prior to the hearing by:

 

 

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1        (1) publication in a newspaper of general circulation
2    in the school district;
3        (2) written or electronic notice designed to reach the
4    parents or guardians of all students enrolled in the school
5    district; and
6        (3) written or electronic notice designed to reach any
7    exclusive collective bargaining representatives of school
8    district employees and all those employees not in a
9    collective bargaining unit.
10    (d) The regional office of education or intermediate
11service center for the school district must timely verify that
12a proposal for an e-learning program has met the requirements
13specified in this Section and that the proposal contains
14provisions designed to reasonably and practicably accomplish
15the following:
16        (1) to ensure and verify at least 5 clock hours of
17    instruction or school work, as required under Section
18    10-19.05, for each student participating in an e-learning
19    day;
20        (2) to ensure access from home or other appropriate
21    remote facility for all students participating, including
22    computers, the Internet, and other forms of electronic
23    communication that must be utilized in the proposed
24    program;
25        (2.5) to ensure that non-electronic materials are made
26    available to students participating in the program who do

 

 

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1    not have access to the required technology or to
2    participating teachers or students who are prevented from
3    accessing the required technology;
4        (3) to ensure appropriate learning opportunities for
5    students with special needs;
6        (4) to monitor and verify each student's electronic
7    participation;
8        (5) to address the extent to which student
9    participation is within the student's control as to the
10    time, pace, and means of learning;
11        (6) to provide effective notice to students and their
12    parents or guardians of the use of particular days for
13    e-learning;
14        (7) to provide staff and students with adequate
15    training for e-learning days' participation;
16        (8) to ensure an opportunity for any collective
17    bargaining negotiations with representatives of the school
18    district's employees that would be legally required,
19    including all classifications of school district employees
20    who are represented by collective bargaining agreements
21    and who would be affected in the event of an e-learning
22    day;
23        (9) to review and revise the program as implemented to
24    address difficulties confronted; and
25        (10) to ensure that the protocol regarding general
26    expectations and responsibilities of the program is

 

 

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1    communicated to teachers, staff, and students at least 30
2    days prior to utilizing an e-learning day.
3    The school board's approval of a school district's initial
4e-learning program and renewal of the e-learning program shall
5be for a term of 3 years.
6    (e) The State Board of Education may adopt rules consistent
7with the provision of this Section.
8(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19.)
 
9    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
10    Sec. 10-21.9. Criminal history records checks and checks of
11the Statewide Sex Offender Database and Statewide Murderer and
12Violent Offender Against Youth Database.
13    (a) Licensed and nonlicensed applicants for employment
14with a school district, except school bus driver applicants,
15are required as a condition of employment to authorize a
16fingerprint-based criminal history records check to determine
17if such applicants have been convicted of any disqualifying,
18enumerated criminal or drug offenses in subsection (c) of this
19Section or have been convicted, within 7 years of the
20application for employment with the school district, of any
21other felony under the laws of this State or of any offense
22committed or attempted in any other state or against the laws
23of the United States that, if committed or attempted in this
24State, would have been punishable as a felony under the laws of
25this State. Authorization for the check shall be furnished by

 

 

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1the applicant to the school district, except that if the
2applicant is a substitute teacher seeking employment in more
3than one school district, a teacher seeking concurrent
4part-time employment positions with more than one school
5district (as a reading specialist, special education teacher or
6otherwise), or an educational support personnel employee
7seeking employment positions with more than one district, any
8such district may require the applicant to furnish
9authorization for the check to the regional superintendent of
10the educational service region in which are located the school
11districts in which the applicant is seeking employment as a
12substitute or concurrent part-time teacher or concurrent
13educational support personnel employee. Upon receipt of this
14authorization, the school district or the appropriate regional
15superintendent, as the case may be, shall submit the
16applicant's name, sex, race, date of birth, social security
17number, fingerprint images, and other identifiers, as
18prescribed by the Department of State Police, to the
19Department. The regional superintendent submitting the
20requisite information to the Department of State Police shall
21promptly notify the school districts in which the applicant is
22seeking employment as a substitute or concurrent part-time
23teacher or concurrent educational support personnel employee
24that the check of the applicant has been requested. The
25Department of State Police and the Federal Bureau of
26Investigation shall furnish, pursuant to a fingerprint-based

 

 

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1criminal history records check, records of convictions,
2forever and hereinafter, until expunged, to the president of
3the school board for the school district that requested the
4check, or to the regional superintendent who requested the
5check. The Department shall charge the school district or the
6appropriate regional superintendent a fee for conducting such
7check, which fee shall be deposited in the State Police
8Services Fund and shall not exceed the cost of the inquiry; and
9the applicant shall not be charged a fee for such check by the
10school district or by the regional superintendent, except that
11those applicants seeking employment as a substitute teacher
12with a school district may be charged a fee not to exceed the
13cost of the inquiry. Subject to appropriations for these
14purposes, the State Superintendent of Education shall
15reimburse school districts and regional superintendents for
16fees paid to obtain criminal history records checks under this
17Section.
18    (a-5) The school district or regional superintendent shall
19further perform a check of the Statewide Sex Offender Database,
20as authorized by the Sex Offender Community Notification Law,
21for each applicant. The check of the Statewide Sex Offender
22Database must be conducted by the school district or regional
23superintendent once for every 5 years that an applicant remains
24employed by the school district.
25    (a-6) The school district or regional superintendent shall
26further perform a check of the Statewide Murderer and Violent

 

 

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1Offender Against Youth Database, as authorized by the Murderer
2and Violent Offender Against Youth Community Notification Law,
3for each applicant. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the school
5district or regional superintendent once for every 5 years that
6an applicant remains employed by the school district.
7    (b) Any information concerning the record of convictions
8obtained by the president of the school board or the regional
9superintendent shall be confidential and may only be
10transmitted to the superintendent of the school district or his
11designee, the appropriate regional superintendent if the check
12was requested by the school district, the presidents of the
13appropriate school boards if the check was requested from the
14Department of State Police by the regional superintendent, the
15State Board of Education and a school district as authorized
16under subsection (b-5), the State Superintendent of Education,
17the State Educator Preparation and Licensure Board, any other
18person necessary to the decision of hiring the applicant for
19employment, or for clarification purposes the Department of
20State Police or Statewide Sex Offender Database, or both. A
21copy of the record of convictions obtained from the Department
22of State Police shall be provided to the applicant for
23employment. Upon the check of the Statewide Sex Offender
24Database or Statewide Murderer and Violent Offender Against
25Youth Database, the school district or regional superintendent
26shall notify an applicant as to whether or not the applicant

 

 

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1has been identified in the Database. If a check of an applicant
2for employment as a substitute or concurrent part-time teacher
3or concurrent educational support personnel employee in more
4than one school district was requested by the regional
5superintendent, and the Department of State Police upon a check
6ascertains that the applicant has not been convicted of any of
7the enumerated criminal or drug offenses in subsection (c) of
8this Section or has not been convicted, within 7 years of the
9application for employment with the school district, of any
10other felony under the laws of this State or of any offense
11committed or attempted in any other state or against the laws
12of the United States that, if committed or attempted in this
13State, would have been punishable as a felony under the laws of
14this State and so notifies the regional superintendent and if
15the regional superintendent upon a check ascertains that the
16applicant has not been identified in the Sex Offender Database
17or Statewide Murderer and Violent Offender Against Youth
18Database, then the regional superintendent shall issue to the
19applicant a certificate evidencing that as of the date
20specified by the Department of State Police the applicant has
21not been convicted of any of the enumerated criminal or drug
22offenses in subsection (c) of this Section or has not been
23convicted, within 7 years of the application for employment
24with the school district, of any other felony under the laws of
25this State or of any offense committed or attempted in any
26other state or against the laws of the United States that, if

 

 

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1committed or attempted in this State, would have been
2punishable as a felony under the laws of this State and
3evidencing that as of the date that the regional superintendent
4conducted a check of the Statewide Sex Offender Database or
5Statewide Murderer and Violent Offender Against Youth
6Database, the applicant has not been identified in the
7Database. The school board of any school district may rely on
8the certificate issued by any regional superintendent to that
9substitute teacher, concurrent part-time teacher, or
10concurrent educational support personnel employee or may
11initiate its own criminal history records check of the
12applicant through the Department of State Police and its own
13check of the Statewide Sex Offender Database or Statewide
14Murderer and Violent Offender Against Youth Database as
15provided in this Section. Any unauthorized release of
16confidential information may be a violation of Section 7 of the
17Criminal Identification Act.
18    (b-5) If a criminal history records check or check of the
19Statewide Sex Offender Database or Statewide Murderer and
20Violent Offender Against Youth Database is performed by a
21regional superintendent for an applicant seeking employment as
22a substitute teacher with a school district, the regional
23superintendent may disclose to the State Board of Education
24whether the applicant has been issued a certificate under
25subsection (b) based on those checks. If the State Board
26receives information on an applicant under this subsection,

 

 

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1then it must indicate in the Educator Licensure Information
2System for a 90-day period that the applicant has been issued
3or has not been issued a certificate.
4    (c) No school board shall knowingly employ a person who has
5been convicted of any offense that would subject him or her to
6license suspension or revocation pursuant to Section 21B-80 of
7this Code, except as provided under subsection (b) of Section
821B-80. Further, no school board shall knowingly employ a
9person who has been found to be the perpetrator of sexual or
10physical abuse of any minor under 18 years of age pursuant to
11proceedings under Article II of the Juvenile Court Act of 1987.
12As a condition of employment, each school board must consider
13the status of a person who has been issued an indicated finding
14of abuse or neglect of a child by the Department of Children
15and Family Services under the Abused and Neglected Child
16Reporting Act or by a child welfare agency of another
17jurisdiction.
18    (d) No school board shall knowingly employ a person for
19whom a criminal history records check and a Statewide Sex
20Offender Database check have has not been initiated.
21    (e) Within 10 days after a superintendent, regional office
22of education, or entity that provides background checks of
23license holders to public schools receives information of a
24pending criminal charge against a license holder for an offense
25set forth in Section 21B-80 of this Code, the superintendent,
26regional office of education, or entity must notify the State

 

 

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1Superintendent of Education of the pending criminal charge.
2    If permissible by federal or State law, no later than 15
3business days after receipt of a record of conviction or of
4checking the Statewide Murderer and Violent Offender Against
5Youth Database or the Statewide Sex Offender Database and
6finding a registration, the superintendent of the employing
7school board or the applicable regional superintendent shall,
8in writing, notify the State Superintendent of Education of any
9license holder who has been convicted of a crime set forth in
10Section 21B-80 of this Code. Upon receipt of the record of a
11conviction of or a finding of child abuse by a holder of any
12license issued pursuant to Article 21B or Section 34-8.1 or
1334-83 of the School Code, the State Superintendent of Education
14may initiate licensure suspension and revocation proceedings
15as authorized by law. If the receipt of the record of
16conviction or finding of child abuse is received within 6
17months after the initial grant of or renewal of a license, the
18State Superintendent of Education may rescind the license
19holder's license.
20    (e-5) The superintendent of the employing school board
21shall, in writing, notify the State Superintendent of Education
22and the applicable regional superintendent of schools of any
23license holder whom he or she has reasonable cause to believe
24has committed an intentional act of abuse or neglect with the
25result of making a child an abused child or a neglected child,
26as defined in Section 3 of the Abused and Neglected Child

 

 

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1Reporting Act, and that act resulted in the license holder's
2dismissal or resignation from the school district. This
3notification must be submitted within 30 days after the
4dismissal or resignation. The license holder must also be
5contemporaneously sent a copy of the notice by the
6superintendent. All correspondence, documentation, and other
7information so received by the regional superintendent of
8schools, the State Superintendent of Education, the State Board
9of Education, or the State Educator Preparation and Licensure
10Board under this subsection (e-5) is confidential and must not
11be disclosed to third parties, except (i) as necessary for the
12State Superintendent of Education or his or her designee to
13investigate and prosecute pursuant to Article 21B of this Code,
14(ii) pursuant to a court order, (iii) for disclosure to the
15license holder or his or her representative, or (iv) as
16otherwise provided in this Article and provided that any such
17information admitted into evidence in a hearing is exempt from
18this confidentiality and non-disclosure requirement. Except
19for an act of willful or wanton misconduct, any superintendent
20who provides notification as required in this subsection (e-5)
21shall have immunity from any liability, whether civil or
22criminal or that otherwise might result by reason of such
23action.
24    (f) After January 1, 1990 the provisions of this Section
25shall apply to all employees of persons or firms holding
26contracts with any school district including, but not limited

 

 

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1to, food service workers, school bus drivers and other
2transportation employees, who have direct, daily contact with
3the pupils of any school in such district. For purposes of
4criminal history records checks and checks of the Statewide Sex
5Offender Database on employees of persons or firms holding
6contracts with more than one school district and assigned to
7more than one school district, the regional superintendent of
8the educational service region in which the contracting school
9districts are located may, at the request of any such school
10district, be responsible for receiving the authorization for a
11criminal history records check prepared by each such employee
12and submitting the same to the Department of State Police and
13for conducting a check of the Statewide Sex Offender Database
14for each employee. Any information concerning the record of
15conviction and identification as a sex offender of any such
16employee obtained by the regional superintendent shall be
17promptly reported to the president of the appropriate school
18board or school boards.
19    (f-5) Upon request of a school or school district, any
20information obtained by a school district pursuant to
21subsection (f) of this Section within the last year must be
22made available to the requesting school or school district.
23    (g) Prior to the commencement of any student teaching
24experience or required internship (which is referred to as
25student teaching in this Section) in the public schools, a
26student teacher is required to authorize a fingerprint-based

 

 

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1criminal history records check. Authorization for and payment
2of the costs of the check must be furnished by the student
3teacher to the school district where the student teaching is to
4be completed. Upon receipt of this authorization and payment,
5the school district shall submit the student teacher's name,
6sex, race, date of birth, social security number, fingerprint
7images, and other identifiers, as prescribed by the Department
8of State Police, to the Department of State Police. The
9Department of State Police and the Federal Bureau of
10Investigation shall furnish, pursuant to a fingerprint-based
11criminal history records check, records of convictions,
12forever and hereinafter, until expunged, to the president of
13the school board for the school district that requested the
14check. The Department shall charge the school district a fee
15for conducting the check, which fee must not exceed the cost of
16the inquiry and must be deposited into the State Police
17Services Fund. The school district shall further perform a
18check of the Statewide Sex Offender Database, as authorized by
19the Sex Offender Community Notification Law, and of the
20Statewide Murderer and Violent Offender Against Youth
21Database, as authorized by the Murderer and Violent Offender
22Against Youth Registration Act, for each student teacher. No
23school board may knowingly allow a person to student teach for
24whom a criminal history records check, a Statewide Sex Offender
25Database check, and a Statewide Murderer and Violent Offender
26Against Youth Database check have not been completed and

 

 

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1reviewed by the district.
2    A copy of the record of convictions obtained from the
3Department of State Police must be provided to the student
4teacher. Any information concerning the record of convictions
5obtained by the president of the school board is confidential
6and may only be transmitted to the superintendent of the school
7district or his or her designee, the State Superintendent of
8Education, the State Educator Preparation and Licensure Board,
9or, for clarification purposes, the Department of State Police
10or the Statewide Sex Offender Database or Statewide Murderer
11and Violent Offender Against Youth Database. Any unauthorized
12release of confidential information may be a violation of
13Section 7 of the Criminal Identification Act.
14    No school board shall knowingly allow a person to student
15teach who has been convicted of any offense that would subject
16him or her to license suspension or revocation pursuant to
17subsection (c) of Section 21B-80 of this Code, except as
18provided under subsection (b) of Section 21B-80. Further, no
19school board shall allow a person to student teach if he or she
20has been found to be the perpetrator of sexual or physical
21abuse of a minor under 18 years of age pursuant to proceedings
22under Article II of the Juvenile Court Act of 1987. Each school
23board must consider the status of a person to student teach who
24has been issued an indicated finding of abuse or neglect of a
25child by the Department of Children and Family Services under
26the Abused and Neglected Child Reporting Act or by a child

 

 

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1welfare agency of another jurisdiction.
2    (h) (Blank).
3(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
4revised 12-3-19.)
 
5    (105 ILCS 5/10-30 new)
6    Sec. 10-30. Remote and blended remote learning. This
7Section applies if the Governor has declared a disaster due to
8a public health emergency pursuant to Section 7 of the Illinois
9Emergency Management Agency Act.
10        (1) If the Governor has declared a disaster due to a
11    public health emergency pursuant to Section 7 of the
12    Illinois Emergency Management Agency Act, the State
13    Superintendent of Education may declare a requirement to
14    use remote learning days or blended remote learning days
15    for a school district, multiple school districts, a region,
16    or the entire State. During remote learning days, schools
17    shall conduct instruction remotely. During blended remote
18    learning days, schools may utilize hybrid models of
19    in-person and remote instruction. Once declared, remote
20    learning days or blended remote learning days shall be
21    implemented in grades pre-kindergarten through 12 as days
22    of attendance and shall be deemed pupil attendance days for
23    calculation of the length of a school term under Section
24    10-19.
25        (2) For purposes of this Section, a remote learning day

 

 

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1    or blended remote learning day may be met through a
2    district's implementation of an e-learning program under
3    Section 10-20.56.
4        (3) For any district that does not implement an
5    e-learning program under Section 10-20.56, the district
6    shall adopt a remote and blended remote learning day plan
7    approved by the district superintendent. Each district may
8    utilize remote and blended remote learning planning days,
9    consecutively or in separate increments, to develop,
10    review, or amend its remote and blended remote learning day
11    plan or provide professional development to staff
12    regarding remote education. Up to 5 remote and blended
13    remote learning planning days may be deemed pupil
14    attendance days for calculation of the length of a school
15    term under Section 10-19.
16        (4) Each remote and blended remote learning day plan
17    shall address the following:
18            (i) accessibility of the remote instruction to all
19        students enrolled in the district;
20            (ii) if applicable, a requirement that the remote
21        learning day and blended remote learning day
22        activities reflect State learning standards;
23            (iii) a means for students to confer with an
24        educator, as necessary;
25            (iv) the unique needs of students in special
26        populations, including, but not limited to, students

 

 

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1        eligible for special education under Article 14,
2        students who are English learners as defined in Section
3        14C-2, and students experiencing homelessness under
4        the Education for Homeless Children Act, or vulnerable
5        student populations;
6            (v) how the district will take attendance and
7        monitor and verify each student's remote
8        participation; and
9            (vi) transitions from remote learning to on-site
10        learning upon the State Superintendent's declaration
11        that remote learning days or blended remote learning
12        days are no longer deemed necessary.
13        (5) The district superintendent shall periodically
14    review and amend the district's remote and blended remote
15    learning day plan, as needed, to ensure the plan meets the
16    needs of all students.
17        (6) Each remote and blended remote learning day plan
18    shall be posted on the district's Internet website where
19    other policies, rules, and standards of conduct are posted
20    and shall be provided to students and faculty.
21        (7) This Section does not create any additional
22    employee bargaining rights and does not remove any employee
23    bargaining rights.
24        (8) Statutory and regulatory curricular mandates and
25    offerings may be administered via a district's remote and
26    blended remote learning day plan, except that a district

 

 

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1    may not offer individual behind-the-wheel instruction
2    required by Section 27-24.2 via a district's remote and
3    blended remote learning day plan. This Section does not
4    relieve schools and districts from completing all
5    statutory and regulatory curricular mandates and
6    offerings.
 
7    (105 ILCS 5/14-8.02f)
8    Sec. 14-8.02f. Individualized education program meeting
9protections.
10    (a) (Blank).
11    (b) This subsection (b) applies only to a school district
12organized under Article 34. No later than 10 calendar days
13prior to a child's individualized education program meeting or
14as soon as possible if a meeting is scheduled within 10
15calendar days with written parental consent, the school board
16or school personnel must provide the child's parent or guardian
17with a written notification of the services that require a
18specific data collection procedure from the school district for
19services related to the child's individualized education
20program. The notification must indicate, with a checkbox,
21whether specific data has been collected for the child's
22individualized education program services. For purposes of
23this subsection (b), individualized education program services
24must include, but are not limited to, paraprofessional support,
25an extended school year, transportation, therapeutic day

 

 

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1school, and services for specific learning disabilities.
2    (c) Beginning on July 1, 2020, no later than 3 school days
3prior to a child's individualized education program
4eligibility meeting or meeting to determine a child's
5eligibility for special education and related services or to
6review a child's individualized education program, or as soon
7as possible if an individualized education program meeting is
8scheduled within 3 school days with the written consent of the
9child's parent or guardian, the local education agency must
10provide the child's parent or guardian with copies of all
11written material that will be considered by the individualized
12education program team at the meeting so that the parent or
13guardian may participate in the meeting as a fully-informed
14team member. The parent or guardian shall have the option of
15choosing from the available methods of delivery, which must
16include regular mail and picking up the materials at school.
17For a meeting to determine the child's eligibility for special
18education, the The written material must include, but is not
19limited to, all evaluations and collected data that will be
20considered at the meeting. For and, for a child who is already
21eligible for special education and related services has an
22individualized education program, the written material must
23include a copy of all individualized education program
24components that will be discussed by the individualized
25education program team, other than the components related to
26the educational and related service minutes proposed for the

 

 

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1child and the child's educational placement. Parents shall also
2be informed of their right to review and copy their child's
3school student records prior to any special education
4eligibility or individualized education program review
5meeting, subject to the requirements of applicable federal and
6State law.
7    (d) Local education agencies must make related service logs
8that record the delivery type of related services administered
9under the child's individualized education program and the
10minutes of each type of related service that has been
11administered available to the child's parent or guardian at the
12annual review of the child's individualized education program
13and must also provide a copy of the related service logs at any
14time upon request of the child's parent or guardian. For
15purposes of this subsection (d), related services for which a
16log must be made are: speech and language services,
17occupational therapy services, physical therapy services,
18school social work services, school counseling services,
19school psychology services, and school nursing services. The
20local education agency must inform the child's parent or
21guardian within 20 school days from the beginning of the school
22year or upon establishment of an individualized education
23program of his or her ability to request those related service
24logs.
25    (d-5) If, at a meeting to develop or revise a child's
26individualized education program, the individualized education

 

 

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1program team determines that a certain service is services are
2required in order for the child to receive a free, appropriate
3public education and that service is those services are not
4implemented administered within 10 school days after the
5service was to be initiated as a date or frequency set forth by
6the child's individualized education program, then the local
7education agency shall provide the child's parent or guardian
8with written notification that the service has those services
9have not yet been implemented administered to the child. The
10notification must be provided to the child's parent or guardian
11within 3 school days of the local education agency's
12non-compliance with the child's individualized education
13program and must inform include information on the parent or
14guardian about the school district's procedures for requesting
15parent's or guardian's ability to request compensatory
16services. In this subsection (d-5) (d), "school days" does not
17include days where a child is absent from school for reasons
18unrelated to a lack of individualized education program
19services or when the service is available, but the child is
20unavailable.
21    (e) The State Board of Education may create a telephone
22hotline to address complaints regarding the special education
23services or lack of special education services of a school
24district subject to this Section. If a hotline is created, it
25must be available to all students enrolled in the school
26district, parents or guardians of those students, and school

 

 

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1personnel. If a hotline is created, any complaints received
2through the hotline must be registered and recorded with the
3State Board's monitor of special education policies. No
4student, parent or guardian, or member of school personnel may
5be retaliated against for submitting a complaint through a
6telephone hotline created by the State Board under this
7subsection (e).
8    (f) A school district subject to this Section may not use
9any measure that would prevent or delay an individualized
10education program team from adding a service to the program or
11create a time restriction in which a service is prohibited from
12being added to the program. The school district may not build
13functions into its computer software that would remove any
14services from a student's individualized education program
15without the approval of the program team and may not prohibit
16the program team from adding a service to the program.
17(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19;
18101-598, eff. 12-6-19.)
 
19    (105 ILCS 5/14-8.02h)
20    Sec. 14-8.02h. Response to scientific, research-based
21intervention.
22    (a) In this Section, "response to scientific,
23research-based intervention" or "multi-tiered system systems
24of support" means a tiered process of appropriate instruction
25and support school support that utilizes differentiated

 

 

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1instructional strategies for students, provides students with
2an evidence-based curriculum and scientific, research-based
3interventions aligned with State standards, continuously
4monitors student performance using scientific scientifically,
5research-based progress monitoring instruments, and makes
6data-driven educational decisions based on a student's
7response to the interventions. Response to scientific,
8research-based intervention or a multi-tiered system systems
9of support uses use a problem-solving method to define the
10problem, analyzes analyze the problem using data to determine
11why there is a discrepancy between what is expected and what is
12occurring, establishes establish one or more student
13performance goals, develops develop an intervention plan to
14address the performance goals, and delineates delineate how the
15student's progress will be monitored and how implementation
16integrity will be ensured.
17    (b) (Blank). A school district may utilize response to
18scientific, research-based intervention or multi-tiered
19systems of support as part of an evaluation procedure to
20determine if a child is eligible for special education services
21due to a specific learning disability. A school district may
22utilize the data generated during the response to scientific,
23research-based intervention or multi-tiered systems of support
24process in an evaluation to determine if a child is eligible
25for special education services due to any category of
26disability.

 

 

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1    (c) The response to scientific, research-based
2intervention or a multi-tiered system systems of support
3process should use must involve a collaborative team approach
4and include the engagement of and regular communication with
5the child's parent or guardian , with the parent or guardian of
6a student being part of the collaborative team. The parent or
7guardian of a child shall be provided with written notice of
8the school district's use of scientific, research-based
9intervention or a multi-tiered system of support for the child
10and may be part of the collaborative team approach at the
11discretion of the school district student must be involved in
12the data sharing and decision-making processes of support under
13this Section. The parent or guardian shall be provided all data
14collected and reviewed by the school district with regard to
15the child in the scientific, research-based intervention or
16multi-tiered system of support process. The State Board of
17Education may provide guidance to a school districts district
18and identify available resources related to facilitating
19parent parental or guardian engagement participation in the
20response to scientific, research-based intervention or a
21multi-tiered system systems of support process.
22    (d) Nothing in this Section affects the responsibility of a
23school district to identify, locate, and evaluate children with
24disabilities who are in need of special education services in
25accordance with the federal Individuals with Disabilities
26Education Improvement Act of 2004, this Code, or any applicable

 

 

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1federal or State rules.
2(Source: P.A. 101-515, eff. 8-23-19; 101-598, eff. 12-6-19.)
 
3    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
4    Sec. 17-2.11. School board power to levy a tax or to borrow
5money and issue bonds for fire prevention, safety, energy
6conservation, accessibility, school security, and specified
7repair purposes.
8    (a) Whenever, as a result of any lawful order of any
9agency, other than a school board, having authority to enforce
10any school building code applicable to any facility that houses
11students, or any law or regulation for the protection and
12safety of the environment, pursuant to the Environmental
13Protection Act, any school district having a population of less
14than 500,000 inhabitants is required to alter or reconstruct
15any school building or permanent, fixed equipment; the district
16may, by proper resolution, levy a tax for the purpose of making
17such alteration or reconstruction, based on a survey report by
18an architect or engineer licensed in this State, upon all of
19the taxable property of the district at the value as assessed
20by the Department of Revenue and at a rate not to exceed 0.05%
21per year for a period sufficient to finance such alteration or
22reconstruction, upon the following conditions:
23        (1) When there are not sufficient funds available in
24    the operations and maintenance fund of the school district,
25    the school facility occupation tax fund of the district, or

 

 

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1    the fire prevention and safety fund of the district, as
2    determined by the district on the basis of rules adopted by
3    the State Board of Education, to make such alteration or
4    reconstruction or to purchase and install such permanent,
5    fixed equipment so ordered or determined as necessary.
6    Appropriate school district records must be made available
7    to the State Superintendent of Education, upon request, to
8    confirm this insufficiency.
9        (2) When a certified estimate of an architect or
10    engineer licensed in this State stating the estimated
11    amount necessary to make the alteration or reconstruction
12    or to purchase and install the equipment so ordered has
13    been secured by the school district, and the estimate has
14    been approved by the regional superintendent of schools
15    having jurisdiction over the district and the State
16    Superintendent of Education. Approval must not be granted
17    for any work that has already started without the prior
18    express authorization of the State Superintendent of
19    Education. If the estimate is not approved or is denied
20    approval by the regional superintendent of schools within 3
21    months after the date on which it is submitted to him or
22    her, the school board of the district may submit the
23    estimate directly to the State Superintendent of Education
24    for approval or denial.
25    In the case of an emergency situation, where the estimated
26cost to effectuate emergency repairs is less than the amount

 

 

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1specified in Section 10-20.21 of this Code, the school district
2may proceed with such repairs prior to approval by the State
3Superintendent of Education, but shall comply with the
4provisions of subdivision (2) of this subsection (a) as soon
5thereafter as may be as well as Section 10-20.21 of this Code.
6If the estimated cost to effectuate emergency repairs is
7greater than the amount specified in Section 10-20.21 of this
8Code, then the school district shall proceed in conformity with
9Section 10-20.21 of this Code and with rules established by the
10State Board of Education to address such situations. The rules
11adopted by the State Board of Education to deal with these
12situations shall stipulate that emergency situations must be
13expedited and given priority consideration. For purposes of
14this paragraph, an emergency is a situation that presents an
15imminent and continuing threat to the health and safety of
16students or other occupants of a facility, requires complete or
17partial evacuation of a building or part of a building, or
18consumes one or more of the 5 emergency days built into the
19adopted calendar of the school or schools or would otherwise be
20expected to cause such school or schools to fall short of the
21minimum school calendar requirements.
22    (b) Whenever any such district determines that it is
23necessary for energy conservation purposes that any school
24building or permanent, fixed equipment should be altered or
25reconstructed and that such alterations or reconstruction will
26be made with funds not necessary for the completion of approved

 

 

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1and recommended projects contained in any safety survey report
2or amendments thereto authorized by Section 2-3.12 of this Act;
3the district may levy a tax or issue bonds as provided in
4subsection (a) of this Section.
5    (c) Whenever any such district determines that it is
6necessary for accessibility purposes and to comply with the
7school building code that any school building or equipment
8should be altered or reconstructed and that such alterations or
9reconstruction will be made with funds not necessary for the
10completion of approved and recommended projects contained in
11any safety survey report or amendments thereto authorized under
12Section 2-3.12 of this Act, the district may levy a tax or
13issue bonds as provided in subsection (a) of this Section.
14    (d) Whenever any such district determines that it is
15necessary for school security purposes and the related
16protection and safety of pupils and school personnel that any
17school building or property should be altered or reconstructed
18or that security systems and equipment (including but not
19limited to intercom, early detection and warning, access
20control and television monitoring systems) should be purchased
21and installed, and that such alterations, reconstruction or
22purchase and installation of equipment will be made with funds
23not necessary for the completion of approved and recommended
24projects contained in any safety survey report or amendment
25thereto authorized by Section 2-3.12 of this Act and will deter
26and prevent unauthorized entry or activities upon school

 

 

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1property by unknown or dangerous persons, assure early
2detection and advance warning of any such actual or attempted
3unauthorized entry or activities and help assure the continued
4safety of pupils and school staff if any such unauthorized
5entry or activity is attempted or occurs; the district may levy
6a tax or issue bonds as provided in subsection (a) of this
7Section.
8    If such a school district determines that it is necessary
9for school security purposes and the related protection and
10safety of pupils and school staff to hire a school resource
11officer or that personnel costs for school counselors, mental
12health experts, or school resource officers are necessary and
13the district determines that it does not need funds for any of
14the other purposes set forth in this Section, then the district
15may levy a tax or issue bonds as provided in subsection (a).
16    (e) If a school district does not need funds for other fire
17prevention and safety projects, including the completion of
18approved and recommended projects contained in any safety
19survey report or amendments thereto authorized by Section
202-3.12 of this Act, and it is determined after a public hearing
21(which is preceded by at least one published notice (i)
22occurring at least 7 days prior to the hearing in a newspaper
23of general circulation within the school district and (ii)
24setting forth the time, date, place, and general subject matter
25of the hearing) that there is a substantial, immediate, and
26otherwise unavoidable threat to the health, safety, or welfare

 

 

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1of pupils due to disrepair of school sidewalks, playgrounds,
2parking lots, or school bus turnarounds and repairs must be
3made; then the district may levy a tax or issue bonds as
4provided in subsection (a) of this Section.
5    (f) For purposes of this Section a school district may
6replace a school building or build additions to replace
7portions of a building when it is determined that the
8effectuation of the recommendations for the existing building
9will cost more than the replacement costs. Such determination
10shall be based on a comparison of estimated costs made by an
11architect or engineer licensed in the State of Illinois. The
12new building or addition shall be equivalent in area (square
13feet) and comparable in purpose and grades served and may be on
14the same site or another site. Such replacement may only be
15done upon order of the regional superintendent of schools and
16the approval of the State Superintendent of Education.
17    (g) The filing of a certified copy of the resolution
18levying the tax when accompanied by the certificates of the
19regional superintendent of schools and State Superintendent of
20Education shall be the authority of the county clerk to extend
21such tax.
22    (h) The county clerk of the county in which any school
23district levying a tax under the authority of this Section is
24located, in reducing raised levies, shall not consider any such
25tax as a part of the general levy for school purposes and shall
26not include the same in the limitation of any other tax rate

 

 

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1which may be extended.
2    Such tax shall be levied and collected in like manner as
3all other taxes of school districts, subject to the provisions
4contained in this Section.
5    (i) The tax rate limit specified in this Section may be
6increased to .10% upon the approval of a proposition to effect
7such increase by a majority of the electors voting on that
8proposition at a regular scheduled election. Such proposition
9may be initiated by resolution of the school board and shall be
10certified by the secretary to the proper election authorities
11for submission in accordance with the general election law.
12    (j) When taxes are levied by any school district for fire
13prevention, safety, energy conservation, and school security
14purposes as specified in this Section, and the purposes for
15which the taxes have been levied are accomplished and paid in
16full, and there remain funds on hand in the Fire Prevention and
17Safety Fund from the proceeds of the taxes levied, including
18interest earnings thereon, the school board by resolution shall
19use such excess and other board restricted funds, excluding
20bond proceeds and earnings from such proceeds, as follows:
21        (1) for other authorized fire prevention, safety,
22    energy conservation, required safety inspections, school
23    security purposes, sampling for lead in drinking water in
24    schools, and for repair and mitigation due to lead levels
25    in the drinking water supply; or
26        (2) for transfer to the Operations and Maintenance Fund

 

 

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1    for the purpose of abating an equal amount of operations
2    and maintenance purposes taxes.
3Notwithstanding subdivision (2) of this subsection (j) and
4subsection (k) of this Section, through June 30, 2021 2020, the
5school board may, by proper resolution following a public
6hearing set by the school board or the president of the school
7board (that is preceded (i) by at least one published notice
8over the name of the clerk or secretary of the board, occurring
9at least 7 days and not more than 30 days prior to the hearing,
10in a newspaper of general circulation within the school
11district and (ii) by posted notice over the name of the clerk
12or secretary of the board, at least 48 hours before the
13hearing, at the principal office of the school board or at the
14building where the hearing is to be held if a principal office
15does not exist, with both notices setting forth the time, date,
16place, and subject matter of the hearing), transfer surplus
17life safety taxes and interest earnings thereon to the
18Operations and Maintenance Fund for building repair work.
19    (k) If any transfer is made to the Operation and
20Maintenance Fund, the secretary of the school board shall
21within 30 days notify the county clerk of the amount of that
22transfer and direct the clerk to abate the taxes to be extended
23for the purposes of operations and maintenance authorized under
24Section 17-2 of this Act by an amount equal to such transfer.
25    (l) If the proceeds from the tax levy authorized by this
26Section are insufficient to complete the work approved under

 

 

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1this Section, the school board is authorized to sell bonds
2without referendum under the provisions of this Section in an
3amount that, when added to the proceeds of the tax levy
4authorized by this Section, will allow completion of the
5approved work.
6    (m) Any bonds issued pursuant to this Section shall bear
7interest at a rate not to exceed the maximum rate authorized by
8law at the time of the making of the contract, shall mature
9within 20 years from date, and shall be signed by the president
10of the school board and the treasurer of the school district.
11    (n) In order to authorize and issue such bonds, the school
12board shall adopt a resolution fixing the amount of bonds, the
13date thereof, the maturities thereof, rates of interest
14thereof, place of payment and denomination, which shall be in
15denominations of not less than $100 and not more than $5,000,
16and provide for the levy and collection of a direct annual tax
17upon all the taxable property in the school district sufficient
18to pay the principal and interest on such bonds to maturity.
19Upon the filing in the office of the county clerk of the county
20in which the school district is located of a certified copy of
21the resolution, it is the duty of the county clerk to extend
22the tax therefor in addition to and in excess of all other
23taxes heretofore or hereafter authorized to be levied by such
24school district.
25    (o) After the time such bonds are issued as provided for by
26this Section, if additional alterations or reconstructions are

 

 

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1required to be made because of surveys conducted by an
2architect or engineer licensed in the State of Illinois, the
3district may levy a tax at a rate not to exceed .05% per year
4upon all the taxable property of the district or issue
5additional bonds, whichever action shall be the most feasible.
6    (p) This Section is cumulative and constitutes complete
7authority for the issuance of bonds as provided in this Section
8notwithstanding any other statute or law to the contrary.
9    (q) With respect to instruments for the payment of money
10issued under this Section either before, on, or after the
11effective date of Public Act 86-004 (June 6, 1989), it is, and
12always has been, the intention of the General Assembly (i) that
13the Omnibus Bond Acts are, and always have been, supplementary
14grants of power to issue instruments in accordance with the
15Omnibus Bond Acts, regardless of any provision of this Act that
16may appear to be or to have been more restrictive than those
17Acts, (ii) that the provisions of this Section are not a
18limitation on the supplementary authority granted by the
19Omnibus Bond Acts, and (iii) that instruments issued under this
20Section within the supplementary authority granted by the
21Omnibus Bond Acts are not invalid because of any provision of
22this Act that may appear to be or to have been more restrictive
23than those Acts.
24    (r) When the purposes for which the bonds are issued have
25been accomplished and paid for in full and there remain funds
26on hand from the proceeds of the bond sale and interest

 

 

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1earnings therefrom, the board shall, by resolution, use such
2excess funds in accordance with the provisions of Section
310-22.14 of this Act.
4    (s) Whenever any tax is levied or bonds issued for fire
5prevention, safety, energy conservation, and school security
6purposes, such proceeds shall be deposited and accounted for
7separately within the Fire Prevention and Safety Fund.
8(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19.)
 
9    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
10    Sec. 17-2A. Interfund transfers.
11    (a) The school board of any district having a population of
12less than 500,000 inhabitants may, by proper resolution
13following a public hearing set by the school board or the
14president of the school board (that is preceded (i) by at least
15one published notice over the name of the clerk or secretary of
16the board, occurring at least 7 days and not more than 30 days
17prior to the hearing, in a newspaper of general circulation
18within the school district and (ii) by posted notice over the
19name of the clerk or secretary of the board, at least 48 hours
20before the hearing, at the principal office of the school board
21or at the building where the hearing is to be held if a
22principal office does not exist, with both notices setting
23forth the time, date, place, and subject matter of the
24hearing), transfer money from (1) the Educational Fund to the
25Operations and Maintenance Fund or the Transportation Fund, (2)

 

 

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1the Operations and Maintenance Fund to the Educational Fund or
2the Transportation Fund, (3) the Transportation Fund to the
3Educational Fund or the Operations and Maintenance Fund, or (4)
4the Tort Immunity Fund to the Operations and Maintenance Fund
5of said district, provided that, except during the period from
6July 1, 2003 through June 30, 2021 2020, such transfer is made
7solely for the purpose of meeting one-time, non-recurring
8expenses. Except during the period from July 1, 2003 through
9June 30, 2021 2020 and except as otherwise provided in
10subsection (b) of this Section, any other permanent interfund
11transfers authorized by any provision or judicial
12interpretation of this Code for which the transferee fund is
13not precisely and specifically set forth in the provision of
14this Code authorizing such transfer shall be made to the fund
15of the school district most in need of the funds being
16transferred, as determined by resolution of the school board.
17    (b) (Blank).
18    (c) 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 an elementary district
22servicing students in grades K through 8, (iii) whose territory
23is in one county, (iv) that is eligible for Section 7002
24Federal Impact Aid, and (v) that has no more than $81,000 in
25funds remaining from refinancing bonds that were refinanced a
26minimum of 5 years prior to January 20, 2017 (the effective

 

 

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1date of Public Act 99-926) may make a one-time transfer of the
2funds remaining from the refinancing bonds to the Operations
3and Maintenance Fund of the district by proper resolution
4following a public hearing set by the school board or the
5president of the school board, with notice as provided in
6subsection (a) of this Section, so long as the district meets
7the qualifications set forth in this subsection (c) on January
820, 2017 (the effective date of Public Act 99-926).
9    (d) Notwithstanding subsection (a) of this Section or any
10other provision of this Code to the contrary, the school board
11of any school district (i) that is subject to the Property Tax
12Extension Limitation Law, (ii) that is a community unit school
13district servicing students in grades K through 12, (iii) whose
14territory is in one county, (iv) that owns property designated
15by the United States as a Superfund site pursuant to the
16federal Comprehensive Environmental Response, Compensation and
17Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that
18has an excess accumulation of funds in its bond fund, including
19funds accumulated prior to July 1, 2000, may make a one-time
20transfer of those excess funds accumulated prior to July 1,
212000 to the Operations and Maintenance Fund of the district by
22proper resolution following a public hearing set by the school
23board or the president of the school board, with notice as
24provided in subsection (a) of this Section, so long as the
25district meets the qualifications set forth in this subsection
26(d) on August 4, 2017 (the effective date of Public Act

 

 

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1100-32).
2(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17;
399-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff.
48-31-17; 100-863, eff. 8-14-18.)
 
5    (105 ILCS 5/18-8.15)
6    Sec. 18-8.15. Evidence-Based Funding Evidence-based
7funding for student success for the 2017-2018 and subsequent
8school years.
9    (a) General provisions.
10        (1) The purpose of this Section is to ensure that, by
11    June 30, 2027 and beyond, this State has a kindergarten
12    through grade 12 public education system with the capacity
13    to ensure the educational development of all persons to the
14    limits of their capacities in accordance with Section 1 of
15    Article X of the Constitution of the State of Illinois. To
16    accomplish that objective, this Section creates a method of
17    funding public education that is evidence-based; is
18    sufficient to ensure every student receives a meaningful
19    opportunity to learn irrespective of race, ethnicity,
20    sexual orientation, gender, or community-income level; and
21    is sustainable and predictable. When fully funded under
22    this Section, every school shall have the resources, based
23    on what the evidence indicates is needed, to:
24            (A) provide all students with a high quality
25        education that offers the academic, enrichment, social

 

 

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

 

 

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

 

 

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

 

 

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1    subsection (b) of Section 14-13.01 of this Code exceed the
2    total transportation expenses, as defined in this
3    paragraph, no transportation rate shall be subtracted from
4    the Operating Tax Rate.
5        "Allocation Rate" is defined in paragraph (3) of
6    subsection (g) of this Section.
7        "Alternative School" means a public school that is
8    created and operated by a regional superintendent of
9    schools and approved by the State Board.
10        "Applicable Tax Rate" is defined in paragraph (1) of
11    subsection (d) of this Section.
12        "Assessment" means any of those benchmark, progress
13    monitoring, formative, diagnostic, and other assessments,
14    in addition to the State accountability assessment, that
15    assist teachers' needs in understanding the skills and
16    meeting the needs of the students they serve.
17        "Assistant principal" means a school administrator
18    duly endorsed to be employed as an assistant principal in
19    this State.
20        "At-risk student" means a student who is at risk of not
21    meeting the Illinois Learning Standards or not graduating
22    from elementary or high school and who demonstrates a need
23    for vocational support or social services beyond that
24    provided by the regular school program. All students
25    included in an Organizational Unit's Low-Income Count, as
26    well as all English learner and disabled students attending

 

 

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

 

 

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

 

 

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1    pre-kindergarten students as of August 31, 2017 (the
2    effective date of Public Act 100-465) this amendatory Act
3    of the 100th General Assembly, it shall establish such
4    collection for all future years. For any year in which
5    where a count by grade level was collected only once, that
6    count shall be used as the single count available for
7    computing a 3-year average ASE. Funding for programs
8    operated by a regional office of education or an
9    intermediate service center must be calculated using the
10    Evidence-Based Funding evidence-based funding formula
11    under this Section for the 2019-2020 school year and each
12    subsequent school year until separate adequacy formulas
13    are developed and adopted for each type of program. ASE for
14    a program operated by a regional office of education or an
15    intermediate service center must be determined by the March
16    1 enrollment for the program. For the 2019-2020 school
17    year, the ASE used in the calculation must be the
18    first-year ASE and, in that year only, the assignment of
19    students served by a regional office of education or
20    intermediate service center shall not result in a reduction
21    of the March enrollment for any school district. For the
22    2020-2021 school year, the ASE must be the greater of the
23    current-year ASE or the 2-year average ASE. Beginning with
24    the 2021-2022 school year, the ASE must be the greater of
25    the current-year ASE or the 3-year average ASE. School
26    districts shall submit the data for the ASE calculation to

 

 

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1    the State Board within 45 days of the dates required in
2    this Section for submission of enrollment data in order for
3    it to be included in the ASE calculation. For fiscal year
4    2018 only, the ASE calculation shall include only
5    enrollment taken on October 1.
6        "Base Funding Guarantee" is defined in paragraph (10)
7    of subsection (g) of this Section.
8        "Base Funding Minimum" is defined in subsection (e) of
9    this Section.
10        "Base Tax Year" means the property tax levy year used
11    to calculate the Budget Year allocation of primary State
12    aid.
13        "Base Tax Year's Extension" means the product of the
14    equalized assessed valuation utilized by the county clerk
15    in the Base Tax Year multiplied by the limiting rate as
16    calculated by the county clerk and defined in PTELL.
17        "Bilingual Education Allocation" means the amount of
18    an Organizational Unit's final Adequacy Target
19    attributable to bilingual education divided by the
20    Organizational Unit's final Adequacy Target, the product
21    of which shall be multiplied by the amount of new funding
22    received pursuant to this Section. An Organizational
23    Unit's final Adequacy Target attributable to bilingual
24    education shall include all additional investments in
25    English learner students' adequacy elements.
26        "Budget Year" means the school year for which primary

 

 

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

 

 

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1    prior school year attributable to the additional $285.50
2    per student computer technology and equipment investment
3    grant divided by the Organizational Unit's final Adequacy
4    Target, the result of which shall be multiplied by the
5    amount of new funding received pursuant to this Section. An
6    Organizational Unit assigned to a Tier 1 or Tier 2 final
7    Adequacy Target attributable to the received computer
8    technology and equipment investment grant shall include
9    all additional investments in computer technology and
10    equipment adequacy elements.
11        "Core subject" means mathematics; science; reading,
12    English, writing, and language arts; history and social
13    studies; world languages; and subjects taught as Advanced
14    Placement in high schools.
15        "Core teacher" means a regular classroom teacher in
16    elementary schools and teachers of a core subject in middle
17    and high schools.
18        "Core Intervention teacher (tutor)" means a licensed
19    teacher providing one-on-one or small group tutoring to
20    students struggling to meet proficiency in core subjects.
21        "CPPRT" means corporate personal property replacement
22    tax funds paid to an Organizational Unit during the
23    calendar year one year before the calendar year in which a
24    school year begins, pursuant to "An Act in relation to the
25    abolition of ad valorem personal property tax and the
26    replacement of revenues lost thereby, and amending and

 

 

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1    repealing certain Acts and parts of Acts in connection
2    therewith", certified August 14, 1979, as amended (Public
3    Act 81-1st S.S.-1).
4        "EAV" means equalized assessed valuation as defined in
5    paragraph (2) of subsection (d) of this Section and
6    calculated in accordance with paragraph (3) of subsection
7    (d) of this Section.
8        "ECI" means the Bureau of Labor Statistics' national
9    employment cost index for civilian workers in educational
10    services in elementary and secondary schools on a
11    cumulative basis for the 12-month calendar year preceding
12    the fiscal year of the Evidence-Based Funding calculation.
13        "EIS Data" means the employment information system
14    data maintained by the State Board on educators within
15    Organizational Units.
16        "Employee benefits" means health, dental, and vision
17    insurance offered to employees of an Organizational Unit,
18    the costs associated with the statutorily required payment
19    of the normal cost of the Organizational Unit's teacher
20    pensions, Social Security employer contributions, and
21    Illinois Municipal Retirement Fund employer contributions.
22        "English learner" or "EL" means a child included in the
23    definition of "English learners" under Section 14C-2 of
24    this Code participating in a program of transitional
25    bilingual education or a transitional program of
26    instruction meeting the requirements and program

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10100SB1569ham004- 96 -LRB101 09273 NHT 72327 a

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

 

 

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1        ASE high school students.
2            (G) Nurse investments. Each Organizational Unit
3        shall receive the funding needed to cover one FTE nurse
4        for each 750 combined ASE of pre-kindergarten children
5        with disabilities and all kindergarten through grade
6        12 students across all grade levels it serves.
7            (H) Supervisory aide investments. Each
8        Organizational Unit shall receive the funding needed
9        to cover one FTE for each 225 combined ASE of
10        pre-kindergarten children with disabilities and all
11        kindergarten through grade 5 students, plus one FTE for
12        each 225 ASE middle school students, plus one FTE for
13        each 200 ASE high school students.
14            (I) Librarian investments. Each Organizational
15        Unit shall receive the funding needed to cover one FTE
16        librarian for each prototypical elementary school,
17        middle school, and high school and one FTE aide or
18        media technician for every 300 combined ASE of
19        pre-kindergarten children with disabilities and all
20        kindergarten through grade 12 students.
21            (J) Principal investments. Each Organizational
22        Unit shall receive the funding needed to cover one FTE
23        principal position for each prototypical elementary
24        school, plus one FTE principal position for each
25        prototypical middle school, plus one FTE principal
26        position for each prototypical high school.

 

 

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

 

 

10100SB1569ham004- 99 -LRB101 09273 NHT 72327 a

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

 

 

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1        only for serving the technology needs of the district.
2        It is the intent of Public Act 100-465 this amendatory
3        Act of the 100th General Assembly that all Tier 1 and
4        Tier 2 districts receive the addition to their Adequacy
5        Target in the following year, subject to compliance
6        with the requirements of the State Board.
7            (R) Student activities investments. Each
8        Organizational Unit shall receive the following
9        funding amounts to cover student activities: $100 per
10        kindergarten through grade 5 ASE student in elementary
11        school, plus $200 per ASE student in middle school,
12        plus $675 per ASE student in high school.
13            (S) Maintenance and operations investments. Each
14        Organizational Unit shall receive $1,038 per student
15        of the combined ASE of pre-kindergarten children with
16        disabilities and all kindergarten through grade 12
17        students for day-to-day maintenance and operations
18        expenditures, including salary, supplies, and
19        materials, as well as purchased services, but
20        excluding employee benefits. The proportion of salary
21        for the application of a Regionalization Factor and the
22        calculation of benefits is equal to $352.92.
23            (T) Central office investments. Each
24        Organizational Unit shall receive $742 per student of
25        the combined ASE of pre-kindergarten children with
26        disabilities and all kindergarten through grade 12

 

 

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

 

 

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1        School Teachers' Pension and Retirement Fund of
2        Chicago to be paid by the school district for the
3        preceding school year that is statutorily required to
4        cover employer normal costs and the amount for retiree
5        health insurance shall be added to the 30% specified in
6        this subparagraph (U). The Teachers' Retirement System
7        of the State of Illinois and the Public School
8        Teachers' Pension and Retirement Fund of Chicago shall
9        submit such information as the State Superintendent
10        may require for the calculations set forth in this
11        subparagraph (U).
12            (V) Additional investments in low-income students.
13        In addition to and not in lieu of all other funding
14        under this paragraph (2), each Organizational Unit
15        shall receive funding based on the average teacher
16        salary for grades K through 12 to cover the costs of:
17                (i) one FTE intervention teacher (tutor)
18            position for every 125 Low-Income Count students;
19                (ii) one FTE pupil support staff position for
20            every 125 Low-Income Count students;
21                (iii) one FTE extended day teacher position
22            for every 120 Low-Income Count students; and
23                (iv) one FTE summer school teacher position
24            for every 120 Low-Income Count students.
25            (W) Additional investments in English learner
26        students. In addition to and not in lieu of all other

 

 

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

 

 

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1            1,000 combined ASE of pre-kindergarten children
2            with disabilities and all kindergarten through
3            grade 12 students.
4        (3) For calculating the salaries included within the
5    Essential Elements, the State Superintendent shall
6    annually calculate average salaries to the nearest dollar
7    using the employment information system data maintained by
8    the State Board, limited to public schools only and
9    excluding special education and vocational cooperatives,
10    schools operated by the Department of Juvenile Justice, and
11    charter schools, for the following positions:
12            (A) Teacher for grades K through 8.
13            (B) Teacher for grades 9 through 12.
14            (C) Teacher for grades K through 12.
15            (D) Guidance counselor for grades K through 8.
16            (E) Guidance counselor for grades 9 through 12.
17            (F) Guidance counselor for grades K through 12.
18            (G) Social worker.
19            (H) Psychologist.
20            (I) Librarian.
21            (J) Nurse.
22            (K) Principal.
23            (L) Assistant principal.
24        For the purposes of this paragraph (3), "teacher"
25    includes core teachers, specialist and elective teachers,
26    instructional facilitators, tutors, special education

 

 

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1    teachers, pupil support staff teachers, English learner
2    teachers, extended day extended-day teachers, and summer
3    school teachers. Where specific grade data is not required
4    for the Essential Elements, the average salary for
5    corresponding positions shall apply. For substitute
6    teachers, the average teacher salary for grades K through
7    12 shall apply.
8        For calculating the salaries included within the
9    Essential Elements for positions not included within EIS
10    Data, the following salaries shall be used in the first
11    year of implementation of Evidence-Based Funding:
12            (i) school site staff, $30,000; and
13            (ii) non-instructional assistant, instructional
14        assistant, library aide, library media tech, or
15        supervisory aide: $25,000.
16        In the second and subsequent years of implementation of
17    Evidence-Based Funding, the amounts in items (i) and (ii)
18    of this paragraph (3) shall annually increase by the ECI.
19        The salary amounts for the Essential Elements
20    determined pursuant to subparagraphs (A) through (L), (S)
21    and (T), and (V) through (X) of paragraph (2) of subsection
22    (b) of this Section shall be multiplied by a
23    Regionalization Factor.
24    (c) Local Capacity capacity calculation.
25        (1) Each Organizational Unit's Local Capacity
26    represents an amount of funding it is assumed to contribute

 

 

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1    toward its Adequacy Target for purposes of the
2    Evidence-Based Funding formula calculation. "Local
3    Capacity" means either (i) the Organizational Unit's Local
4    Capacity Target as calculated in accordance with paragraph
5    (2) of this subsection (c) if its Real Receipts are equal
6    to or less than its Local Capacity Target or (ii) the
7    Organizational Unit's Adjusted Local Capacity, as
8    calculated in accordance with paragraph (3) of this
9    subsection (c) if Real Receipts are more than its Local
10    Capacity Target.
11        (2) "Local Capacity Target" means, for an
12    Organizational Unit, that dollar amount that is obtained by
13    multiplying its Adequacy Target by its Local Capacity
14    Ratio.
15            (A) An Organizational Unit's Local Capacity
16        Percentage is the conversion of the Organizational
17        Unit's Local Capacity Ratio, as such ratio is
18        determined in accordance with subparagraph (B) of this
19        paragraph (2), into a cumulative distribution
20        resulting in a percentile ranking to determine each
21        Organizational Unit's relative position to all other
22        Organizational Units in this State. The calculation of
23        Local Capacity Percentage is described in subparagraph
24        (C) of this paragraph (2).
25            (B) An Organizational Unit's Local Capacity Ratio
26        in a given year is the percentage obtained by dividing

 

 

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

 

 

10100SB1569ham004- 108 -LRB101 09273 NHT 72327 a

1        be calculated using the standard normal distribution
2        of the score in relation to the weighted mean and
3        weighted standard deviation and Local Capacity Ratios
4        of all Organizational Units. If the value assigned to
5        any Organizational Unit is in excess of 90%, the value
6        shall be adjusted to 90%. For Laboratory Schools, the
7        Local Capacity Percentage shall be set at 10% in
8        recognition of the absence of EAV and resources from
9        the public university that are allocated to the
10        Laboratory School. For programs operated by a regional
11        office of education or an intermediate service center,
12        the Local Capacity Percentage must be set at 10% in
13        recognition of the absence of EAV and resources from
14        school districts that are allocated to the regional
15        office of education or intermediate service center.
16        The weighted mean for the Local Capacity Percentage
17        shall be determined by multiplying each Organizational
18        Unit's Local Capacity Ratio times the ASE for the unit
19        creating a weighted value, summing the weighted values
20        of all Organizational Units, and dividing by the total
21        ASE of all Organizational Units. The weighted standard
22        deviation shall be determined by taking the square root
23        of the weighted variance of all Organizational Units'
24        Local Capacity Ratio, where the variance is calculated
25        by squaring the difference between each unit's Local
26        Capacity Ratio and the weighted mean, then multiplying

 

 

10100SB1569ham004- 109 -LRB101 09273 NHT 72327 a

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

 

 

10100SB1569ham004- 110 -LRB101 09273 NHT 72327 a

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

 

 

10100SB1569ham004- 111 -LRB101 09273 NHT 72327 a

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

 

 

10100SB1569ham004- 112 -LRB101 09273 NHT 72327 a

1        Section 15-175 of the Property Tax Code for owners with
2        a household income of $30,000 or less. The county clerk
3        of any county that is or was subject to the provisions
4        of Section 15-176 or 15-177 of the Property Tax Code
5        shall annually calculate and certify to the Department
6        of Revenue for each Organizational Unit all homestead
7        exemption amounts under Section 15-176 or 15-177 of the
8        Property Tax Code and all amounts of additional
9        exemptions under Section 15-175 of the Property Tax
10        Code for owners with a household income of $30,000 or
11        less. It is the intent of this subparagraph (A) that if
12        the general homestead exemption for a parcel of
13        property is determined under Section 15-176 or 15-177
14        of the Property Tax Code rather than Section 15-175,
15        then the calculation of EAV shall not be affected by
16        the difference, if any, between the amount of the
17        general homestead exemption allowed for that parcel of
18        property under Section 15-176 or 15-177 of the Property
19        Tax Code and the amount that would have been allowed
20        had the general homestead exemption for that parcel of
21        property been determined under Section 15-175 of the
22        Property Tax Code. It is further the intent of this
23        subparagraph (A) that if additional exemptions are
24        allowed under Section 15-175 of the Property Tax Code
25        for owners with a household income of less than
26        $30,000, then the calculation of EAV shall not be

 

 

10100SB1569ham004- 113 -LRB101 09273 NHT 72327 a

1        affected by the difference, if any, because of those
2        additional exemptions.
3            (B) With respect to any part of an Organizational
4        Unit within a redevelopment project area in respect to
5        which a municipality has adopted tax increment
6        allocation financing pursuant to the Tax Increment
7        Allocation Redevelopment Act, Division 74.4 of Article
8        11 of the Illinois Municipal Code, or the Industrial
9        Jobs Recovery Law, Division 74.6 of Article 11 of the
10        Illinois Municipal Code, no part of the current EAV of
11        real property located in any such project area that
12        which is attributable to an increase above the total
13        initial EAV of such property shall be used as part of
14        the EAV of the Organizational Unit, until such time as
15        all redevelopment project costs have been paid, as
16        provided in Section 11-74.4-8 of the Tax Increment
17        Allocation Redevelopment Act or in Section 11-74.6-35
18        of the Industrial Jobs Recovery Law. For the purpose of
19        the EAV of the Organizational Unit, the total initial
20        EAV or the current EAV, whichever is lower, shall be
21        used until such time as all redevelopment project costs
22        have been paid.
23            (B-5) The real property equalized assessed
24        valuation for a school district shall be adjusted by
25        subtracting from the real property value, as equalized
26        or assessed by the Department of Revenue, for the

 

 

10100SB1569ham004- 114 -LRB101 09273 NHT 72327 a

1        district an amount computed by dividing the amount of
2        any abatement of taxes under Section 18-170 of the
3        Property Tax Code by 3.00% for a district maintaining
4        grades kindergarten through 12, by 2.30% for a district
5        maintaining grades kindergarten through 8, or by 1.05%
6        for a district maintaining grades 9 through 12 and
7        adjusted by an amount computed by dividing the amount
8        of any abatement of taxes under subsection (a) of
9        Section 18-165 of the Property Tax Code by the same
10        percentage rates for district type as specified in this
11        subparagraph (B-5).
12            (C) For Organizational Units that are Hybrid
13        Districts, the State Superintendent shall use the
14        lesser of the adjusted equalized assessed valuation
15        for property within the partial elementary unit
16        district for elementary purposes, as defined in
17        Article 11E of this Code, or the adjusted equalized
18        assessed valuation for property within the partial
19        elementary unit district for high school purposes, as
20        defined in Article 11E of this Code.
21        (4) An Organizational Unit's Adjusted EAV shall be the
22    average of its EAV over the immediately preceding 3 years
23    or its EAV in the immediately preceding year if the EAV in
24    the immediately preceding year has declined by 10% or more
25    compared to the 3-year average. In the event of
26    Organizational Unit reorganization, consolidation, or

 

 

10100SB1569ham004- 115 -LRB101 09273 NHT 72327 a

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

 

 

10100SB1569ham004- 116 -LRB101 09273 NHT 72327 a

1    does approve an increase in its limiting rate, pursuant to
2    Section 18-190 of the Property Tax Code, affecting the Base
3    Tax Year, the PTELL EAV shall be equal to the product of
4    the equalized assessed valuation last used in the
5    calculation of general State aid under Section 18-8.05 of
6    this Code (now repealed) or Evidence-Based Funding under
7    this Section multiplied by an amount equal to one plus the
8    percentage increase, if any, in the Consumer Price Index
9    for All Urban Consumers for all items published by the
10    United States Department of Labor for the 12-month calendar
11    year preceding the Base Tax Year, plus the equalized
12    assessed valuation of new property, annexed property, and
13    recovered tax increment value and minus the equalized
14    assessed valuation of disconnected property.
15        As used in this paragraph (4), "new property" and
16    "recovered tax increment value" shall have the meanings set
17    forth in the Property Tax Extension Limitation Law.
18    (e) Base Funding Minimum calculation.
19        (1) For the 2017-2018 school year, the Base Funding
20    Minimum of an Organizational Unit or a Specially Funded
21    Unit shall be the amount of State funds distributed to the
22    Organizational Unit or Specially Funded Unit during the
23    2016-2017 school year prior to any adjustments and
24    specified appropriation amounts described in this
25    paragraph (1) from the following Sections, as calculated by
26    the State Superintendent: Section 18-8.05 of this Code (now

 

 

10100SB1569ham004- 117 -LRB101 09273 NHT 72327 a

1    repealed); Section 5 of Article 224 of Public Act 99-524
2    (equity grants); Section 14-7.02b of this Code (funding for
3    children requiring special education services); Section
4    14-13.01 of this Code (special education facilities and
5    staffing), except for reimbursement of the cost of
6    transportation pursuant to Section 14-13.01; Section
7    14C-12 of this Code (English learners); and Section 18-4.3
8    of this Code (summer school), based on an appropriation
9    level of $13,121,600. For a school district organized under
10    Article 34 of this Code, the Base Funding Minimum also
11    includes (i) the funds allocated to the school district
12    pursuant to Section 1D-1 of this Code attributable to
13    funding programs authorized by the Sections of this Code
14    listed in the preceding sentence; and (ii) the difference
15    between (I) the funds allocated to the school district
16    pursuant to Section 1D-1 of this Code attributable to the
17    funding programs authorized by Section 14-7.02 (non-public
18    special education reimbursement), subsection (b) of
19    Section 14-13.01 (special education transportation),
20    Section 29-5 (transportation), Section 2-3.80
21    (agricultural education), Section 2-3.66 (truants'
22    alternative education), Section 2-3.62 (educational
23    service centers), and Section 14-7.03 (special education -
24    orphanage) of this Code and Section 15 of the Childhood
25    Hunger Relief Act (free breakfast program) and (II) the
26    school district's actual expenditures for its non-public

 

 

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1    special education, special education transportation,
2    transportation programs, agricultural education, truants'
3    alternative education, services that would otherwise be
4    performed by a regional office of education, special
5    education orphanage expenditures, and free breakfast, as
6    most recently calculated and reported pursuant to
7    subsection (f) of Section 1D-1 of this Code. The Base
8    Funding Minimum for Glenwood Academy shall be $625,500. For
9    programs operated by a regional office of education or an
10    intermediate service center, the Base Funding Minimum must
11    be the total amount of State funds allocated to those
12    programs in the 2018-2019 school year and amounts provided
13    pursuant to Article 34 of Public Act 100-586 and Section
14    3-16 of this Code. All programs established after June 5,
15    2019 (the effective date of Public Act 101-10) this
16    amendatory Act of the 101st General Assembly and
17    administered by a regional office of education or an
18    intermediate service center must have an initial Base
19    Funding Minimum set to an amount equal to the first-year
20    ASE multiplied by the amount of per pupil funding received
21    in the previous school year by the lowest funded similar
22    existing program type. If the enrollment for a program
23    operated by a regional office of education or an
24    intermediate service center is zero, then it may not
25    receive Base Funding Minimum funds for that program in the
26    next fiscal year, and those funds must be distributed to

 

 

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1    Organizational Units under subsection (g).
2        (2) For the 2018-2019 and subsequent school years, the
3    Base Funding Minimum of Organizational Units and Specially
4    Funded Units shall be the sum of (i) the amount of
5    Evidence-Based Funding for the prior school year, (ii) the
6    Base Funding Minimum for the prior school year, and (iii)
7    any amount received by a school district pursuant to
8    Section 7 of Article 97 of Public Act 100-21.
9        (3) Subject to approval by the General Assembly as
10    provided in this paragraph (3), an Organizational Unit that
11    meets all of the following criteria, as determined by the
12    State Board, shall have District Intervention Money added
13    to its Base Funding Minimum at the time the Base Funding
14    Minimum is calculated by the State Board:
15            (A) The Organizational Unit is operating under an
16        Independent Authority under Section 2-3.25f-5 of this
17        Code for a minimum of 4 school years or is subject to
18        the control of the State Board pursuant to a court
19        order for a minimum of 4 school years.
20            (B) The Organizational Unit was designated as a
21        Tier 1 or Tier 2 Organizational Unit in the previous
22        school year under paragraph (3) of subsection (g) of
23        this Section.
24            (C) The Organizational Unit demonstrates
25        sustainability through a 5-year financial and
26        strategic plan.

 

 

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1            (D) The Organizational Unit has made sufficient
2        progress and achieved sufficient stability in the
3        areas of governance, academic growth, and finances.
4        As part of its determination under this paragraph (3),
5    the State Board may consider the Organizational Unit's
6    summative designation, any accreditations of the
7    Organizational Unit, or the Organizational Unit's
8    financial profile, as calculated by the State Board.
9        If the State Board determines that an Organizational
10    Unit has met the criteria set forth in this paragraph (3),
11    it must submit a report to the General Assembly, no later
12    than January 2 of the fiscal year in which the State Board
13    makes it determination, on the amount of District
14    Intervention Money to add to the Organizational Unit's Base
15    Funding Minimum. The General Assembly must review the State
16    Board's report and may approve or disapprove, by joint
17    resolution, the addition of District Intervention Money.
18    If the General Assembly fails to act on the report within
19    40 calendar days from the receipt of the report, the
20    addition of District Intervention Money is deemed
21    approved. If the General Assembly approves the amount of
22    District Intervention Money to be added to the
23    Organizational Unit's Base Funding Minimum, the District
24    Intervention Money must be added to the Base Funding
25    Minimum annually thereafter.
26        For the first 4 years following the initial year that

 

 

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1    the State Board determines that an Organizational Unit has
2    met the criteria set forth in this paragraph (3) and has
3    received funding under this Section, the Organizational
4    Unit must annually submit to the State Board, on or before
5    November 30, a progress report regarding its financial and
6    strategic plan under subparagraph (C) of this paragraph
7    (3). The plan shall include the financial data from the
8    past 4 annual financial reports or financial audits that
9    must be presented to the State Board by November 15 of each
10    year and the approved budget financial data for the current
11    year. The plan shall be developed according to the
12    guidelines presented to the Organizational Unit by the
13    State Board. The plan shall further include financial
14    projections for the next 3 fiscal years and include a
15    discussion and financial summary of the Organizational
16    Unit's facility needs. If the Organizational Unit does not
17    demonstrate sufficient progress toward its 5-year plan or
18    if it has failed to file an annual financial report, an
19    annual budget, a financial plan, a deficit reduction plan,
20    or other financial information as required by law, the
21    State Board may establish a Financial Oversight Panel under
22    Article 1H of this Code. However, if the Organizational
23    Unit already has a Financial Oversight Panel, the State
24    Board may extend the duration of the Panel.
25    (f) Percent of Adequacy and Final Resources calculation.
26        (1) The Evidence-Based Funding formula establishes a

 

 

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

 

 

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

 

 

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

 

 

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1    Organizational Unit's ASE. Each Tier 2 Organizational
2    Unit's Tier 2 funding allocation shall be multiplied by the
3    percentage calculated by dividing the original Tier 2
4    Aggregate Funding by the sum of all Tier 2 Organizational
5    Units' Unit's Tier 2 funding allocation after adjusting
6    districts' funding below Tier 3 levels.
7        (3) Organizational Units are placed into one of 4 tiers
8    as follows:
9            (A) Tier 1 consists of all Organizational Units,
10        except for Specially Funded Units, with a Percent of
11        Adequacy less than the Tier 1 Target Ratio. The Tier 1
12        Target Ratio is the ratio level that allows for Tier 1
13        Aggregate Funding to be distributed, with the Tier 1
14        Allocation Rate determined pursuant to paragraph (4)
15        of this subsection (g).
16            (B) Tier 2 consists of all Tier 1 Units and all
17        other Organizational Units, except for Specially
18        Funded Units, with a Percent of Adequacy of less than
19        0.90.
20            (C) Tier 3 consists of all Organizational Units,
21        except for Specially Funded Units, with a Percent of
22        Adequacy of at least 0.90 and less than 1.0.
23            (D) Tier 4 consists of all Organizational Units
24        with a Percent of Adequacy of at least 1.0.
25        (4) The Allocation Rates for Tiers 1 through 4 are is
26    determined as follows:

 

 

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1            (A) The Tier 1 Allocation Rate is 30%.
2            (B) The Tier 2 Allocation Rate is the result of the
3        following equation: Tier 2 Aggregate Funding, divided
4        by the sum of the Funding Gaps for all Tier 2
5        Organizational Units, unless the result of such
6        equation is higher than 1.0. If the result of such
7        equation is higher than 1.0, then the Tier 2 Allocation
8        Rate is 1.0.
9            (C) The Tier 3 Allocation Rate is the result of the
10        following equation: Tier 3 Aggregate Funding, divided
11        by the sum of the Adequacy Targets of all Tier 3
12        Organizational Units.
13            (D) The Tier 4 Allocation Rate is the result of the
14        following equation: Tier 4 Aggregate Funding, divided
15        by the sum of the Adequacy Targets of all Tier 4
16        Organizational Units.
17        (5) A tier's Target Ratio is determined as follows:
18            (A) The Tier 1 Target Ratio is the ratio level that
19        allows for Tier 1 Aggregate Funding to be distributed
20        with the Tier 1 Allocation Rate.
21            (B) The Tier 2 Target Ratio is 0.90.
22            (C) The Tier 3 Target Ratio is 1.0.
23        (6) If, at any point, the Tier 1 Target Ratio is
24    greater than 90%, than all Tier 1 funding shall be
25    allocated to Tier 2 and no Tier 1 Organizational Unit's
26    funding may be identified.

 

 

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1        (7) In the event that all Tier 2 Organizational Units
2    receive funding at the Tier 2 Target Ratio level, any
3    remaining New State Funds shall be allocated to Tier 3 and
4    Tier 4 Organizational Units.
5        (8) If any Specially Funded Units, excluding Glenwood
6    Academy, recognized by the State Board do not qualify for
7    direct funding following the implementation of Public Act
8    100-465 this amendatory Act of the 100th General Assembly
9    from any of the funding sources included within the
10    definition of Base Funding Minimum, the unqualified
11    portion of the Base Funding Minimum shall be transferred to
12    one or more appropriate Organizational Units as determined
13    by the State Superintendent based on the prior year ASE of
14    the Organizational Units.
15        (8.5) If a school district withdraws from a special
16    education cooperative, the portion of the Base Funding
17    Minimum that is attributable to the school district may be
18    redistributed to the school district upon withdrawal. The
19    school district and the cooperative must include the amount
20    of the Base Funding Minimum that is to be reapportioned
21    re-apportioned in their withdrawal agreement and notify
22    the State Board of the change with a copy of the agreement
23    upon withdrawal.
24        (9) The Minimum Funding Level is intended to establish
25    a target for State funding that will keep pace with
26    inflation and continue to advance equity through the

 

 

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1    Evidence-Based Funding formula. The target for State
2    funding of New Property Tax Relief Pool Funds is
3    $50,000,000 for State fiscal year 2019 and subsequent State
4    fiscal years. The Minimum Funding Level is equal to
5    $350,000,000. In addition to any New State Funds, no more
6    than $50,000,000 New Property Tax Relief Pool Funds may be
7    counted toward towards the Minimum Funding Level. If the
8    sum of New State Funds and applicable New Property Tax
9    Relief Pool Funds are less than the Minimum Funding Level,
10    than funding for tiers shall be reduced in the following
11    manner:
12            (A) First, Tier 4 funding shall be reduced by an
13        amount equal to the difference between the Minimum
14        Funding Level and New State Funds until such time as
15        Tier 4 funding is exhausted.
16            (B) Next, Tier 3 funding shall be reduced by an
17        amount equal to the difference between the Minimum
18        Funding Level and New State Funds and the reduction in
19        Tier 4 funding until such time as Tier 3 funding is
20        exhausted.
21            (C) Next, Tier 2 funding shall be reduced by an
22        amount equal to the difference between the Minimum
23        Funding Level level and New new State Funds and the
24        reduction in Tier 4 and Tier 3.
25            (D) Finally, Tier 1 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 2, 3, and 4 funding. In addition, the Allocation
3        Rate for Tier 1 shall be reduced to a percentage equal
4        to the Tier 1 Allocation Rate allocation rate set by
5        paragraph (4) of this subsection (g), multiplied by the
6        result of New State Funds divided by the Minimum
7        Funding Level.
8        (9.5) For State fiscal year 2019 and subsequent State
9    fiscal years, if New State Funds exceed $300,000,000, then
10    any amount in excess of $300,000,000 shall be dedicated for
11    purposes of Section 2-3.170 of this Code up to a maximum of
12    $50,000,000.
13        (10) In the event of a decrease in the amount of the
14    appropriation for this Section in any fiscal year after
15    implementation of this Section, the Organizational Units
16    receiving Tier 1 and Tier 2 funding, as determined under
17    paragraph (3) of this subsection (g), shall be held
18    harmless by establishing a Base Funding Guarantee equal to
19    the per pupil kindergarten through grade 12 funding
20    received in accordance with this Section in the prior
21    fiscal year. Reductions shall be made to the Base Funding
22    Minimum of Organizational Units in Tier 3 and Tier 4 on a
23    per pupil basis equivalent to the total number of the ASE
24    in Tier 3-funded and Tier 4-funded Organizational Units
25    divided by the total reduction in State funding. The Base
26    Funding Minimum as reduced shall continue to be applied to

 

 

10100SB1569ham004- 130 -LRB101 09273 NHT 72327 a

1    Tier 3 and Tier 4 Organizational Units and adjusted by the
2    relative formula when increases in appropriations for this
3    Section resume. In no event may State funding reductions to
4    Organizational Units in Tier 3 or Tier 4 exceed an amount
5    that would be less than the Base Funding Minimum
6    established in the first year of implementation of this
7    Section. If additional reductions are required, all school
8    districts shall receive a reduction by a per pupil amount
9    equal to the aggregate additional appropriation reduction
10    divided by the total ASE of all Organizational Units.
11        (11) The State Superintendent shall make minor
12    adjustments to the distribution formula set forth in this
13    subsection (g) to account for the rounding of percentages
14    to the nearest tenth of a percentage and dollar amounts to
15    the nearest whole dollar.
16    (h) State Superintendent administration of funding and
17district submission requirements.
18        (1) The State Superintendent shall, in accordance with
19    appropriations made by the General Assembly, meet the
20    funding obligations created under this Section.
21        (2) The State Superintendent shall calculate the
22    Adequacy Target for each Organizational Unit and Net State
23    Contribution Target for each Organizational Unit under
24    this Section. No Evidence-Based Funding shall be
25    distributed within an Organizational Unit without the
26    approval of the unit's school board.

 

 

10100SB1569ham004- 131 -LRB101 09273 NHT 72327 a

1        (3) Annually, the State Superintendent shall calculate
2    and report to each Organizational Unit the unit's aggregate
3    financial adequacy amount, which shall be the sum of the
4    Adequacy Target for each Organizational Unit. The State
5    Superintendent shall calculate and report separately for
6    each Organizational Unit the unit's total State funds
7    allocated for its students with disabilities. The State
8    Superintendent shall calculate and report separately for
9    each Organizational Unit the amount of funding and
10    applicable FTE calculated for each Essential Element of the
11    unit's Adequacy Target.
12        (4) Annually, the State Superintendent shall calculate
13    and report to each Organizational Unit the amount the unit
14    must expend on special education and bilingual education
15    and computer technology and equipment for Organizational
16    Units assigned to Tier 1 or Tier 2 that received an
17    additional $285.50 per student computer technology and
18    equipment investment grant to their Adequacy Target
19    pursuant to the unit's Base Funding Minimum, Special
20    Education Allocation, Bilingual Education Allocation, and
21    computer technology and equipment investment allocation.
22        (5) Moneys distributed under this Section shall be
23    calculated on a school year basis, but paid on a fiscal
24    year basis, with payments beginning in August and extending
25    through June. Unless otherwise provided, the moneys
26    appropriated for each fiscal year shall be distributed in

 

 

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1    22 equal payments at least 2 times monthly to each
2    Organizational Unit. If moneys appropriated for any fiscal
3    year are distributed other than monthly, the distribution
4    shall be on the same basis for each Organizational Unit.
5        (6) Any school district that fails, for any given
6    school year, to maintain school as required by law or to
7    maintain a recognized school is not eligible to receive
8    Evidence-Based Funding. In case of non-recognition of one
9    or more attendance centers in a school district otherwise
10    operating recognized schools, the claim of the district
11    shall be reduced in the proportion that the enrollment in
12    the attendance center or centers bears to the enrollment of
13    the school district. "Recognized school" means any public
14    school that meets the standards for recognition by the
15    State Board. A school district or attendance center not
16    having recognition status at the end of a school term is
17    entitled to receive State aid payments due upon a legal
18    claim that was filed while it was recognized.
19        (7) School district claims filed under this Section are
20    subject to Sections 18-9 and 18-12 of this Code, except as
21    otherwise provided in this Section.
22        (8) Each fiscal year, the State Superintendent shall
23    calculate for each Organizational Unit an amount of its
24    Base Funding Minimum and Evidence-Based Funding that shall
25    be deemed attributable to the provision of special
26    educational facilities and services, as defined in Section

 

 

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1    14-1.08 of this Code, in a manner that ensures compliance
2    with maintenance of State financial support requirements
3    under the federal Individuals with Disabilities Education
4    Act. An Organizational Unit must use such funds only for
5    the provision of special educational facilities and
6    services, as defined in Section 14-1.08 of this Code, and
7    must comply with any expenditure verification procedures
8    adopted by the State Board.
9        (9) All Organizational Units in this State must submit
10    annual spending plans by the end of September of each year
11    to the State Board as part of the annual budget process,
12    which shall describe how each Organizational Unit will
13    utilize the Base Funding Minimum Funding and
14    Evidence-Based Funding funding it receives from this State
15    under this Section with specific identification of the
16    intended utilization of Low-Income, English learner, and
17    special education resources. Additionally, the annual
18    spending plans of each Organizational Unit shall describe
19    how the Organizational Unit expects to achieve student
20    growth and how the Organizational Unit will achieve State
21    education goals, as defined by the State Board. The State
22    Superintendent may, from time to time, identify additional
23    requisites for Organizational Units to satisfy when
24    compiling the annual spending plans required under this
25    subsection (h). The format and scope of annual spending
26    plans shall be developed by the State Superintendent and

 

 

10100SB1569ham004- 134 -LRB101 09273 NHT 72327 a

1    the State Board of Education. School districts that serve
2    students under Article 14C of this Code shall continue to
3    submit information as required under Section 14C-12 of this
4    Code.
5        (10) No later than January 1, 2018, the State
6    Superintendent shall develop a 5-year strategic plan for
7    all Organizational Units to help in planning for adequacy
8    funding under this Section. The State Superintendent shall
9    submit the plan to the Governor and the General Assembly,
10    as provided in Section 3.1 of the General Assembly
11    Organization Act. The plan shall include recommendations
12    for:
13            (A) a framework for collaborative, professional,
14        innovative, and 21st century learning environments
15        using the Evidence-Based Funding model;
16            (B) ways to prepare and support this State's
17        educators for successful instructional careers;
18            (C) application and enhancement of the current
19        financial accountability measures, the approved State
20        plan to comply with the federal Every Student Succeeds
21        Act, and the Illinois Balanced Accountability Measures
22        in relation to student growth and elements of the
23        Evidence-Based Funding model; and
24            (D) implementation of an effective school adequacy
25        funding system based on projected and recommended
26        funding levels from the General Assembly.

 

 

10100SB1569ham004- 135 -LRB101 09273 NHT 72327 a

1        (11) On an annual basis, the State Superintendent must
2    recalibrate all of the following per pupil elements of the
3    Adequacy Target and applied to the formulas, based on the
4    study of average expenses and as reported in the most
5    recent annual financial report:
6            (A) Gifted under subparagraph (M) of paragraph (2)
7        of subsection (b).
8            (B) Instructional materials under subparagraph (O)
9        of paragraph (2) of subsection (b).
10            (C) Assessment under subparagraph (P) of paragraph
11        (2) of subsection (b).
12            (D) Student activities under subparagraph (R) of
13        paragraph (2) of subsection (b).
14            (E) Maintenance and operations under subparagraph
15        (S) of paragraph (2) of subsection (b).
16            (F) Central office under subparagraph (T) of
17        paragraph (2) of subsection (b).
18    (i) Professional Review Panel.
19        (1) A Professional Review Panel is created to study and
20    review topics related to the implementation and effect of
21    Evidence-Based Funding, as assigned by a joint resolution
22    or Public Act of the General Assembly or a motion passed by
23    the State Board of Education. The Panel must provide
24    recommendations to and serve the Governor, the General
25    Assembly, and the State Board. The State Superintendent or
26    his or her designee must serve as a voting member and

 

 

10100SB1569ham004- 136 -LRB101 09273 NHT 72327 a

1    chairperson of the Panel. The State Superintendent must
2    appoint a vice chairperson from the membership of the
3    Panel. The Panel must advance recommendations based on a
4    three-fifths majority vote of Panel panel members present
5    and voting. A minority opinion may also accompany any
6    recommendation of the Panel. The Panel shall be appointed
7    by the State Superintendent, except as otherwise provided
8    in paragraph (2) of this subsection (i) and include the
9    following members:
10            (A) Two appointees that represent district
11        superintendents, recommended by a statewide
12        organization that represents district superintendents.
13            (B) Two appointees that represent school boards,
14        recommended by a statewide organization that
15        represents school boards.
16            (C) Two appointees from districts that represent
17        school business officials, recommended by a statewide
18        organization that represents school business
19        officials.
20            (D) Two appointees that represent school
21        principals, recommended by a statewide organization
22        that represents school principals.
23            (E) Two appointees that represent teachers,
24        recommended by a statewide organization that
25        represents teachers.
26            (F) Two appointees that represent teachers,

 

 

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1        recommended by another statewide organization that
2        represents teachers.
3            (G) Two appointees that represent regional
4        superintendents of schools, recommended by
5        organizations that represent regional superintendents.
6            (H) Two independent experts selected solely by the
7        State Superintendent.
8            (I) Two independent experts recommended by public
9        universities in this State.
10            (J) One member recommended by a statewide
11        organization that represents parents.
12            (K) Two representatives recommended by collective
13        impact organizations that represent major metropolitan
14        areas or geographic areas in Illinois.
15            (L) One member from a statewide organization
16        focused on research-based education policy to support
17        a school system that prepares all students for college,
18        a career, and democratic citizenship.
19            (M) One representative from a school district
20        organized under Article 34 of this Code.
21        The State Superintendent shall ensure that the
22    membership of the Panel includes representatives from
23    school districts and communities reflecting the
24    geographic, socio-economic, racial, and ethnic diversity
25    of this State. The State Superintendent shall additionally
26    ensure that the membership of the Panel includes

 

 

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1    representatives with expertise in bilingual education and
2    special education. Staff from the State Board shall staff
3    the Panel.
4        (2) In addition to those Panel members appointed by the
5    State Superintendent, 4 members of the General Assembly
6    shall be appointed as follows: one member of the House of
7    Representatives appointed by the Speaker of the House of
8    Representatives, one member of the Senate appointed by the
9    President of the Senate, one member of the House of
10    Representatives appointed by the Minority Leader of the
11    House of Representatives, and one member of the Senate
12    appointed by the Minority Leader of the Senate. There shall
13    be one additional member appointed by the Governor. All
14    members appointed by legislative leaders or the Governor
15    shall be non-voting, ex officio members.
16        (3) The Panel must study topics at the direction of the
17    General Assembly or State Board of Education, as provided
18    under paragraph (1). The Panel may also study the following
19    topics at the direction of the chairperson: (4)
20            (A) The format and scope of annual spending plans
21        referenced in paragraph (9) of subsection (h) of this
22        Section.
23            (B) The Comparable Wage Index under this Section.
24            (C) Maintenance and operations, including capital
25        maintenance and construction costs.
26            (D) "At-risk student" definition.

 

 

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1            (E) Benefits.
2            (F) Technology.
3            (G) Local Capacity Target.
4            (H) Funding for Alternative Schools, Laboratory
5        Schools, safe schools, and alternative learning
6        opportunities programs.
7            (I) Funding for college and career acceleration
8        strategies.
9            (J) Special education investments.
10            (K) Early childhood investments, in collaboration
11        with the Illinois Early Learning Council.
12        (4) (Blank).
13        (5) Within 5 years after the implementation of this
14    Section, and every 5 years thereafter, the Panel shall
15    complete an evaluative study of the entire Evidence-Based
16    Funding model, including an assessment of whether or not
17    the formula is achieving State goals. The Panel shall
18    report to the State Board, the General Assembly, and the
19    Governor on the findings of the study.
20        (6) (Blank).
21    (j) References. Beginning July 1, 2017, references in other
22laws to general State aid funds or calculations under Section
2318-8.05 of this Code (now repealed) shall be deemed to be
24references to evidence-based model formula funds or
25calculations under this Section.
26(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;

 

 

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1100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
26-14-19; revised 7-1-19.)
 
3    (105 ILCS 5/21A-5)
4    Sec. 21A-5. Definitions. In this Article:
5    "New teacher" means the holder of a professional educator
6license an Initial Teaching Certificate, as set forth in
7Section 21B-20 21-2 of this Code, who is employed by a public
8school and who has not previously participated in a new teacher
9induction and mentoring program required by this Article,
10except as provided in Section 21A-25 of this Code.
11    "Public school" means any school operating pursuant to the
12authority of this Code, including without limitation a school
13district, a charter school, a cooperative or joint agreement
14with a governing body or board of control, and a school
15operated by a regional office of education or State agency.
16(Source: P.A. 93-355, eff. 1-1-04.)
 
17    (105 ILCS 5/21A-30)
18    Sec. 21A-30. Evaluation of programs. The State Board of
19Education and the State Educator Preparation and Licensure
20Teacher Certification Board shall jointly contract with an
21independent party to conduct a comprehensive evaluation of new
22teacher induction and mentoring programs established pursuant
23to this Article. The first report of this evaluation shall be
24presented to the General Assembly on or before January 1, 2009.

 

 

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1Subsequent evaluations shall be conducted and reports
2presented to the General Assembly on or before January 1 of
3every third year thereafter.
4(Source: P.A. 93-355, eff. 1-1-04.)
 
5    (105 ILCS 5/21A-35)
6    Sec. 21A-35. Rules. The State Board of Education, in
7consultation with the State Educator Preparation and Licensure
8Teacher Certification Board, shall adopt rules for the
9implementation of this Article.
10(Source: P.A. 93-355, eff. 1-1-04.)
 
11    (105 ILCS 5/21B-20)
12    Sec. 21B-20. Types of licenses. The State Board of
13Education shall implement a system of educator licensure,
14whereby individuals employed in school districts who are
15required to be licensed must have one of the following
16licenses: (i) a professional educator license; (ii) an educator
17license with stipulations; (iii) a substitute teaching
18license; or (iv) until June 30, 2023, a short-term substitute
19teaching license. References in law regarding individuals
20certified or certificated or required to be certified or
21certificated under Article 21 of this Code shall also include
22individuals licensed or required to be licensed under this
23Article. The first year of all licenses ends on June 30
24following one full year of the license being issued.

 

 

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1    The State Board of Education, in consultation with the
2State Educator Preparation and Licensure Board, may adopt such
3rules as may be necessary to govern the requirements for
4licenses and endorsements under this Section.
5        (1) Professional Educator License. Persons who (i)
6    have successfully completed an approved educator
7    preparation program and are recommended for licensure by
8    the Illinois institution offering the educator preparation
9    program, (ii) have successfully completed the required
10    testing under Section 21B-30 of this Code, (iii) have
11    successfully completed coursework on the psychology of,
12    the identification of, and the methods of instruction for
13    the exceptional child, including without limitation
14    children with learning disabilities, (iv) have
15    successfully completed coursework in methods of reading
16    and reading in the content area, and (v) have met all other
17    criteria established by rule of the State Board of
18    Education shall be issued a Professional Educator License.
19    All Professional Educator Licenses are valid until June 30
20    immediately following 5 years of the license being issued.
21    The Professional Educator License shall be endorsed with
22    specific areas and grade levels in which the individual is
23    eligible to practice. For an early childhood education
24    endorsement, an individual may satisfy the student
25    teaching requirement of his or her early childhood teacher
26    preparation program through placement in a setting with

 

 

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1    children from birth through grade 2, and the individual may
2    be paid and receive credit while student teaching. The
3    student teaching experience must meet the requirements of
4    and be approved by the individual's early childhood teacher
5    preparation program.
6        Individuals can receive subsequent endorsements on the
7    Professional Educator License. Subsequent endorsements
8    shall require a minimum of 24 semester hours of coursework
9    in the endorsement area and passage of the applicable
10    content area test, unless otherwise specified by rule.
11        (2) Educator License with Stipulations. An Educator
12    License with Stipulations shall be issued an endorsement
13    that limits the license holder to one particular position
14    or does not require completion of an approved educator
15    program or both.
16        An individual with an Educator License with
17    Stipulations must not be employed by a school district or
18    any other entity to replace any presently employed teacher
19    who otherwise would not be replaced for any reason.
20        An Educator License with Stipulations may be issued
21    with the following endorsements:
22            (A) (Blank).
23            (B) Alternative provisional educator. An
24        alternative provisional educator endorsement on an
25        Educator License with Stipulations may be issued to an
26        applicant who, at the time of applying for the

 

 

10100SB1569ham004- 144 -LRB101 09273 NHT 72327 a

1        endorsement, has done all of the following:
2                (i) Graduated from a regionally accredited
3            college or university with a minimum of a
4            bachelor's degree.
5                (ii) Successfully completed the first phase of
6            the Alternative Educator Licensure Program for
7            Teachers, as described in Section 21B-50 of this
8            Code.
9                (iii) Passed a content area test, as required
10            under Section 21B-30 of this Code.
11        The alternative provisional educator endorsement is
12    valid for 2 years of teaching and may be renewed for a
13    third year by an individual meeting the requirements set
14    forth in Section 21B-50 of this Code.
15            (C) Alternative provisional superintendent. An
16        alternative provisional superintendent endorsement on
17        an Educator License with Stipulations entitles the
18        holder to serve only as a superintendent or assistant
19        superintendent in a school district's central office.
20        This endorsement may only be issued to an applicant
21        who, at the time of applying for the endorsement, has
22        done all of the following:
23                (i) Graduated from a regionally accredited
24            college or university with a minimum of a master's
25            degree in a management field other than education.
26                (ii) Been employed for a period of at least 5

 

 

10100SB1569ham004- 145 -LRB101 09273 NHT 72327 a

1            years in a management level position in a field
2            other than education.
3                (iii) Successfully completed the first phase
4            of an alternative route to superintendent
5            endorsement program, as provided in Section 21B-55
6            of this Code.
7                (iv) Passed a content area test required under
8            Section 21B-30 of this Code.
9            The endorsement is valid for 2 fiscal years in
10        order to complete one full year of serving as a
11        superintendent or assistant superintendent.
12            (D) (Blank).
13            (E) Career and technical educator. A career and
14        technical educator endorsement on an Educator License
15        with Stipulations may be issued to an applicant who has
16        a minimum of 60 semester hours of coursework from a
17        regionally accredited institution of higher education
18        or an accredited trade and technical institution and
19        has a minimum of 2,000 hours of experience outside of
20        education in each area to be taught.
21            The career and technical educator endorsement on
22        an Educator License with Stipulations is valid until
23        June 30 immediately following 5 years of the
24        endorsement being issued and may be renewed. For
25        individuals who were issued the career and technical
26        educator endorsement on an Educator License with

 

 

10100SB1569ham004- 146 -LRB101 09273 NHT 72327 a

1        Stipulations on or after January 1, 2015, the license
2        may be renewed if the individual passes a test of work
3        proficiency, as required under Section 21B-30 of this
4        Code.
5            An individual who holds a valid career and
6        technical educator endorsement on an Educator License
7        with Stipulations but does not hold a bachelor's degree
8        may substitute teach in career and technical education
9        classrooms.
10            (F) Part-time provisional career and technical
11        educator or provisional career and technical educator.
12        A part-time provisional career and technical educator
13        endorsement or a provisional career and technical
14        educator endorsement on an Educator License with
15        Stipulations may be issued to an applicant who has a
16        minimum of 8,000 hours of work experience in the skill
17        for which the applicant is seeking the endorsement. It
18        is the responsibility of each employing school board
19        and regional office of education to provide
20        verification, in writing, to the State Superintendent
21        of Education at the time the application is submitted
22        that no qualified teacher holding a Professional
23        Educator License or an Educator License with
24        Stipulations with a career and technical educator
25        endorsement is available and that actual circumstances
26        require such issuance.

 

 

10100SB1569ham004- 147 -LRB101 09273 NHT 72327 a

1            The provisional career and technical educator
2        endorsement on an Educator License with Stipulations
3        is valid until June 30 immediately following 5 years of
4        the endorsement being issued and may be renewed for 5
5        years. For individuals who were issued the provisional
6        career and technical educator endorsement on an
7        Educator License with Stipulations on or after January
8        1, 2015, the license may be renewed if the individual
9        passes a test of work proficiency, as required under
10        Section 21B-30 of this Code.
11            A part-time provisional career and technical
12        educator endorsement on an Educator License with
13        Stipulations may be issued for teaching no more than 2
14        courses of study for grades 6 through 12. The part-time
15        provisional career and technical educator endorsement
16        on an Educator License with Stipulations is valid until
17        June 30 immediately following 5 years of the
18        endorsement being issued and may be renewed for 5 years
19        if the individual makes application for renewal.
20            An individual who holds a provisional or part-time
21        provisional career and technical educator endorsement
22        on an Educator License with Stipulations but does not
23        hold a bachelor's degree may substitute teach in career
24        and technical education classrooms.
25            (G) Transitional bilingual educator. A
26        transitional bilingual educator endorsement on an

 

 

10100SB1569ham004- 148 -LRB101 09273 NHT 72327 a

1        Educator License with Stipulations may be issued for
2        the purpose of providing instruction in accordance
3        with Article 14C of this Code to an applicant who
4        provides satisfactory evidence that he or she meets all
5        of the following requirements:
6                (i) Possesses adequate speaking, reading, and
7            writing ability in the language other than English
8            in which transitional bilingual education is
9            offered.
10                (ii) Has the ability to successfully
11            communicate in English.
12                (iii) Either possessed, within 5 years
13            previous to his or her applying for a transitional
14            bilingual educator endorsement, a valid and
15            comparable teaching certificate or comparable
16            authorization issued by a foreign country or holds
17            a degree from an institution of higher learning in
18            a foreign country that the State Educator
19            Preparation and Licensure Board determines to be
20            the equivalent of a bachelor's degree from a
21            regionally accredited institution of higher
22            learning in the United States.
23            A transitional bilingual educator endorsement
24        shall be valid for prekindergarten through grade 12, is
25        valid until June 30 immediately following 5 years of
26        the endorsement being issued, and shall not be renewed.

 

 

10100SB1569ham004- 149 -LRB101 09273 NHT 72327 a

1            Persons holding a transitional bilingual educator
2        endorsement shall not be employed to replace any
3        presently employed teacher who otherwise would not be
4        replaced for any reason.
5            (H) Language endorsement. In an effort to
6        alleviate the shortage of teachers speaking a language
7        other than English in the public schools, an individual
8        who holds an Educator License with Stipulations may
9        also apply for a language endorsement, provided that
10        the applicant provides satisfactory evidence that he
11        or she meets all of the following requirements:
12                (i) Holds a transitional bilingual
13            endorsement.
14                (ii) Has demonstrated proficiency in the
15            language for which the endorsement is to be issued
16            by passing the applicable language content test
17            required by the State Board of Education.
18                (iii) Holds a bachelor's degree or higher from
19            a regionally accredited institution of higher
20            education or, for individuals educated in a
21            country other than the United States, holds a
22            degree from an institution of higher learning in a
23            foreign country that the State Educator
24            Preparation and Licensure Board determines to be
25            the equivalent of a bachelor's degree from a
26            regionally accredited institution of higher

 

 

10100SB1569ham004- 150 -LRB101 09273 NHT 72327 a

1            learning in the United States.
2                (iv) (Blank).
3            A language endorsement on an Educator License with
4        Stipulations is valid for prekindergarten through
5        grade 12 for the same validity period as the
6        individual's transitional bilingual educator
7        endorsement on the Educator License with Stipulations
8        and shall not be renewed.
9            (I) Visiting international educator. A visiting
10        international educator endorsement on an Educator
11        License with Stipulations may be issued to an
12        individual who is being recruited by a particular
13        school district that conducts formal recruitment
14        programs outside of the United States to secure the
15        services of qualified teachers and who meets all of the
16        following requirements:
17                (i) Holds the equivalent of a minimum of a
18            bachelor's degree issued in the United States.
19                (ii) Has been prepared as a teacher at the
20            grade level for which he or she will be employed.
21                (iii) Has adequate content knowledge in the
22            subject to be taught.
23                (iv) Has an adequate command of the English
24            language.
25            A holder of a visiting international educator
26        endorsement on an Educator License with Stipulations

 

 

10100SB1569ham004- 151 -LRB101 09273 NHT 72327 a

1        shall be permitted to teach in bilingual education
2        programs in the language that was the medium of
3        instruction in his or her teacher preparation program,
4        provided that he or she passes the English Language
5        Proficiency Examination or another test of writing
6        skills in English identified by the State Board of
7        Education, in consultation with the State Educator
8        Preparation and Licensure Board.
9            A visiting international educator endorsement on
10        an Educator License with Stipulations is valid for 5 3
11        years and shall not be renewed.
12            (J) Paraprofessional educator. A paraprofessional
13        educator endorsement on an Educator License with
14        Stipulations may be issued to an applicant who holds a
15        high school diploma or its recognized equivalent and
16        either holds an associate's degree or a minimum of 60
17        semester hours of credit from a regionally accredited
18        institution of higher education or has passed a
19        paraprofessional competency test under subsection
20        (c-5) of Section 21B-30. The paraprofessional educator
21        endorsement is valid until June 30 immediately
22        following 5 years of the endorsement being issued and
23        may be renewed through application and payment of the
24        appropriate fee, as required under Section 21B-40 of
25        this Code. An individual who holds only a
26        paraprofessional educator endorsement is not subject

 

 

10100SB1569ham004- 152 -LRB101 09273 NHT 72327 a

1        to additional requirements in order to renew the
2        endorsement.
3            (K) Chief school business official. A chief school
4        business official endorsement on an Educator License
5        with Stipulations may be issued to an applicant who
6        qualifies by having a master's degree or higher, 2
7        years of full-time administrative experience in school
8        business management or 2 years of university-approved
9        practical experience, and a minimum of 24 semester
10        hours of graduate credit in a program approved by the
11        State Board of Education for the preparation of school
12        business administrators and by passage of the
13        applicable State tests, including an applicable
14        content area test.
15            The chief school business official endorsement may
16        also be affixed to the Educator License with
17        Stipulations of any holder who qualifies by having a
18        master's degree in business administration, finance,
19        accounting, or public administration and who completes
20        an additional 6 semester hours of internship in school
21        business management from a regionally accredited
22        institution of higher education and passes the
23        applicable State tests, including an applicable
24        content area test. This endorsement shall be required
25        for any individual employed as a chief school business
26        official.

 

 

10100SB1569ham004- 153 -LRB101 09273 NHT 72327 a

1            The chief school business official endorsement on
2        an Educator License with Stipulations is valid until
3        June 30 immediately following 5 years of the
4        endorsement being issued and may be renewed if the
5        license holder completes renewal requirements as
6        required for individuals who hold a Professional
7        Educator License endorsed for chief school business
8        official under Section 21B-45 of this Code and such
9        rules as may be adopted by the State Board of
10        Education.
11            The State Board of Education shall adopt any rules
12        necessary to implement Public Act 100-288.
13            (L) Provisional in-state educator. A provisional
14        in-state educator endorsement on an Educator License
15        with Stipulations may be issued to a candidate who has
16        completed an Illinois-approved educator preparation
17        program at an Illinois institution of higher education
18        and who has not successfully completed an
19        evidence-based assessment of teacher effectiveness but
20        who meets all of the following requirements:
21                (i) Holds at least a bachelor's degree.
22                (ii) Has completed an approved educator
23            preparation program at an Illinois institution.
24                (iii) Has passed an applicable content area
25            test, as required by Section 21B-30 of this Code.
26                (iv) Has attempted an evidence-based

 

 

10100SB1569ham004- 154 -LRB101 09273 NHT 72327 a

1            assessment of teacher effectiveness and received a
2            minimum score on that assessment, as established
3            by the State Board of Education in consultation
4            with the State Educator Preparation and Licensure
5            Board.
6            A provisional in-state educator endorsement on an
7        Educator License with Stipulations is valid for one
8        full fiscal year after the date of issuance and may not
9        be renewed.
10            (M) (Blank). School support personnel intern. A
11        school support personnel intern endorsement on an
12        Educator License with Stipulations may be issued as
13        specified by rule.
14            (N) Specialized services Special education area. A
15        specialized services special education area
16        endorsement on an Educator License with Stipulations
17        may be issued as defined and specified by rule.
18        (3) Substitute Teaching License. A Substitute Teaching
19    License may be issued to qualified applicants for
20    substitute teaching in all grades of the public schools,
21    prekindergarten through grade 12. Substitute Teaching
22    Licenses are not eligible for endorsements. Applicants for
23    a Substitute Teaching License must hold a bachelor's degree
24    or higher from a regionally accredited institution of
25    higher education.
26        Substitute Teaching Licenses are valid for 5 years.

 

 

10100SB1569ham004- 155 -LRB101 09273 NHT 72327 a

1        Substitute Teaching Licenses are valid for substitute
2    teaching in every county of this State. If an individual
3    has had his or her Professional Educator License or
4    Educator License with Stipulations suspended or revoked,
5    then that individual is not eligible to obtain a Substitute
6    Teaching License.
7        A substitute teacher may only teach in the place of a
8    licensed teacher who is under contract with the employing
9    board. If, however, there is no licensed teacher under
10    contract because of an emergency situation, then a district
11    may employ a substitute teacher for no longer than 30
12    calendar days per each vacant position in the district if
13    the district notifies the appropriate regional office of
14    education within 5 business days after the employment of
15    the substitute teacher in the emergency situation. An
16    emergency situation is one in which an unforeseen vacancy
17    has occurred and (i) a teacher is unable to fulfill his or
18    her contractual duties or (ii) teacher capacity needs of
19    the district exceed previous indications, and the district
20    is actively engaged in advertising to hire a fully licensed
21    teacher for the vacant position.
22        There is no limit on the number of days that a
23    substitute teacher may teach in a single school district,
24    provided that no substitute teacher may teach for longer
25    than 90 school days for any one licensed teacher under
26    contract in the same school year. A substitute teacher who

 

 

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1    holds a Professional Educator License or Educator License
2    with Stipulations shall not teach for more than 120 school
3    days for any one licensed teacher under contract in the
4    same school year. The limitations in this paragraph (3) on
5    the number of days a substitute teacher may be employed do
6    not apply to any school district operating under Article 34
7    of this Code.
8        A school district may not require an individual who
9    holds a valid Professional Educator License or Educator
10    License with Stipulations to seek or hold a Substitute
11    Teaching License to teach as a substitute teacher.
12        (4) Short-Term Substitute Teaching License. Beginning
13    on July 1, 2018 and until June 30, 2023, the State Board of
14    Education may issue a Short-Term Substitute Teaching
15    License. A Short-Term Substitute Teaching License may be
16    issued to a qualified applicant for substitute teaching in
17    all grades of the public schools, prekindergarten through
18    grade 12. Short-Term Substitute Teaching Licenses are not
19    eligible for endorsements. Applicants for a Short-Term
20    Substitute Teaching License must hold an associate's
21    degree or have completed at least 60 credit hours from a
22    regionally accredited institution of higher education.
23        Short-Term Substitute Teaching Licenses are valid for
24    substitute teaching in every county of this State. If an
25    individual has had his or her Professional Educator License
26    or Educator License with Stipulations suspended or

 

 

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1    revoked, then that individual is not eligible to obtain a
2    Short-Term Substitute Teaching License.
3        The provisions of Sections 10-21.9 and 34-18.5 of this
4    Code apply to short-term substitute teachers.
5        An individual holding a Short-Term Substitute Teaching
6    License may teach no more than 5 consecutive days per
7    licensed teacher who is under contract. For teacher
8    absences lasting 6 or more days per licensed teacher who is
9    under contract, a school district may not hire an
10    individual holding a Short-Term Substitute Teaching
11    License. An individual holding a Short-Term Substitute
12    Teaching License must complete the training program under
13    Section 10-20.67 or 34-18.60 of this Code to be eligible to
14    teach at a public school. This paragraph (4) is inoperative
15    on and after July 1, 2023.
16(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288,
17eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18;
18100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff.
198-7-19; 101-594, eff. 12-5-19.)
 
20    (105 ILCS 5/21B-35)
21    Sec. 21B-35. Minimum requirements for educators trained in
22other states or countries.
23    (a) Any applicant who has not been entitled by an
24Illinois-approved educator preparation program at an Illinois
25institution of higher education applying for a Professional

 

 

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1Educator License endorsed in a teaching field or school support
2personnel area must meet the following requirements:
3        (1) the applicant must:
4            (A) hold a comparable and valid educator license or
5        certificate, as defined by rule, with similar grade
6        level and content area credentials from another state,
7        with the State Board of Education having the authority
8        to determine what constitutes similar grade level and
9        content area credentials from another state; and
10            (B) have a bachelor's degree from a regionally
11        accredited institution of higher education; and or
12            (C) have demonstrated proficiency in the English
13        language by either passing the English language
14        proficiency test required by the State Board of
15        Education or providing evidence of completing a
16        postsecondary degree at an institution in which the
17        mode of instruction was English; or
18        (2) the applicant must:
19            (A) have completed a state-approved program for
20        the licensure area sought, including coursework
21        concerning methods of instruction of the exceptional
22        child, methods of reading and reading in the content
23        area, and instructional strategies for English
24        learners;
25            (B) have a bachelor's degree from a regionally
26        accredited institution of higher education;

 

 

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1            (C) have successfully met all Illinois examination
2        requirements, except that:
3                (i) (blank);
4                (ii) an applicant who has successfully
5            completed a test of content, as defined by rules,
6            at the time of initial licensure in another state
7            is not required to complete a test of content; and
8                (iii) an applicant for a teaching endorsement
9            who has successfully completed an evidence-based
10            assessment of teacher effectiveness, as defined by
11            rules, at the time of initial licensure in another
12            state is not required to complete an
13            evidence-based assessment of teacher
14            effectiveness; and
15            (D) for an applicant for a teaching endorsement,
16        have completed student teaching or an equivalent
17        experience or, for an applicant for a school service
18        personnel endorsement, have completed an internship or
19        an equivalent experience.
20    (b) In order to receive a Professional Educator License
21endorsed in a teaching field or school support personnel area,
22applicants trained in another country must meet all of the
23following requirements:
24        (1) Have completed a comparable education program in
25    another country.
26        (2) Have had transcripts evaluated by an evaluation

 

 

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1    service approved by the State Superintendent of Education.
2        (3) Have a degree comparable to a degree from a
3    regionally accredited institution of higher education.
4        (4) Have completed coursework aligned to standards
5    concerning methods of instruction of the exceptional
6    child, methods of reading and reading in the content area,
7    and instructional strategies for English learners.
8        (5) (Blank).
9        (6) (Blank).
10        (7) Have successfully met all State licensure
11    examination requirements. Applicants who have successfully
12    completed a test of content, as defined by rules, at the
13    time of initial licensure in another country shall not be
14    required to complete a test of content. Applicants for a
15    teaching endorsement who have successfully completed an
16    evidence-based assessment of teacher effectiveness, as
17    defined by rules, at the time of initial licensure in
18    another country shall not be required to complete an
19    evidence-based assessment of teacher effectiveness.
20        (8) Have completed student teaching or an equivalent
21    experience.
22        (9) Have demonstrated proficiency in the English
23    language by either passing the English language
24    proficiency test required by the State Board of Education
25    or providing evidence of completing a postsecondary degree
26    at an institution in which the mode of instruction was

 

 

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1    English.
2    (b-5) All applicants who have not been entitled by an
3Illinois-approved educator preparation program at an Illinois
4institution of higher education and applicants trained in
5another country applying for a Professional Educator License
6endorsed for principal or superintendent must hold a master's
7degree from a regionally accredited institution of higher
8education, pass the English language proficiency test required
9by the State Board of Education, and must hold a comparable and
10valid educator license or certificate with similar grade level
11and subject matter credentials, with the State Board of
12Education having the authority to determine what constitutes
13similar grade level and subject matter credentials from another
14state, or must meet all of the following requirements:
15        (1) Have completed an educator preparation program
16    approved by another state or comparable educator program in
17    another country leading to the receipt of a license or
18    certificate for the Illinois endorsement sought.
19        (2) Have successfully met all State licensure
20    examination requirements, as required by Section 21B-30 of
21    this Code. Applicants who have successfully completed a
22    test of content, as defined by rules, at the time of
23    initial licensure in another state or country shall not be
24    required to complete a test of content.
25        (2.5) Have completed an internship, as defined by rule.
26        (3) (Blank).

 

 

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1        (4) Have completed coursework aligned to standards
2    concerning methods of instruction of the exceptional
3    child, methods of reading and reading in the content area,
4    and instructional strategies for English learners.
5        (4.5) Have demonstrated proficiency in the English
6    language by either passing the English language
7    proficiency test required by the State Board of Education
8    or providing evidence of completing a postsecondary degree
9    at an institution in which the mode of instruction was
10    English.
11        (5) Have completed a master's degree.
12        (6) Have successfully completed teaching, school
13    support, or administrative experience as defined by rule.
14    (b-7) All applicants who have not been entitled by an
15Illinois-approved educator preparation program at an Illinois
16institution of higher education applying for a Professional
17Educator License endorsed for Director of Special Education
18must hold a master's degree from a regionally accredited
19institution of higher education and must hold a comparable and
20valid educator license or certificate with similar grade level
21and subject matter credentials, with the State Board of
22Education having the authority to determine what constitutes
23similar grade level and subject matter credentials from another
24state, or must meet all of the following requirements:
25        (1) Have completed a master's degree.
26        (2) Have 2 years of full-time experience providing

 

 

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1    special education services.
2        (3) Have successfully completed all examination
3    requirements, as required by Section 21B-30 of this Code.
4    Applicants who have successfully completed a test of
5    content, as identified by rules, at the time of initial
6    licensure in another state or country shall not be required
7    to complete a test of content.
8        (4) Have completed coursework aligned to standards
9    concerning methods of instruction of the exceptional
10    child, methods of reading and reading in the content area,
11    and instructional strategies for English learners.
12    (b-10) All applicants who have not been entitled by an
13Illinois-approved educator preparation program at an Illinois
14institution of higher education applying for a Professional
15Educator License endorsed for chief school business official
16must hold a master's degree from a regionally accredited
17institution of higher education and must hold a comparable and
18valid educator license or certificate with similar grade level
19and subject matter credentials, with the State Board of
20Education having the authority to determine what constitutes
21similar grade level and subject matter credentials from another
22state, or must meet all of the following requirements:
23        (1) Have completed a master's degree in school business
24    management, finance, or accounting.
25        (2) Have successfully completed an internship in
26    school business management or have 2 years of experience as

 

 

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1    a school business administrator.
2        (3) Have successfully met all State examination
3    requirements, as required by Section 21B-30 of this Code.
4    Applicants who have successfully completed a test of
5    content, as identified by rules, at the time of initial
6    licensure in another state or country shall not be required
7    to complete a test of content.
8        (4) Have completed modules aligned to standards
9    concerning methods of instruction of the exceptional
10    child, methods of reading and reading in the content area,
11    and instructional strategies for English learners.
12    (c) The State Board of Education, in consultation with the
13State Educator Preparation and Licensure Board, may adopt such
14rules as may be necessary to implement this Section.
15(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18;
16100-596, eff. 7-1-18; 101-220, eff. 8-7-19.)
 
17    (105 ILCS 5/21B-45)
18    Sec. 21B-45. Professional Educator License renewal.
19    (a) Individuals holding a Professional Educator License
20are required to complete the licensure renewal requirements as
21specified in this Section, unless otherwise provided in this
22Code.
23    Individuals holding a Professional Educator License shall
24meet the renewal requirements set forth in this Section, unless
25otherwise provided in this Code. If an individual holds a

 

 

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

 

 

10100SB1569ham004- 166 -LRB101 09273 NHT 72327 a

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

 

 

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1services in an Illinois public or State-operated school or
2cooperative. If the licensee is employed in a charter school,
3the plan shall address that endorsement or those endorsements
4most closely related to his or her educator position. Licensees
5employed and performing services in any other Illinois schools
6may participate in the renewal requirements by adhering to the
7same process.
8    Except as otherwise provided in this Section, the
9licensee's professional development activities shall align
10with one or more of the following criteria:
11        (1) activities are of a type that engage participants
12    over a sustained period of time allowing for analysis,
13    discovery, and application as they relate to student
14    learning, social or emotional achievement, or well-being;
15        (2) professional development aligns to the licensee's
16    performance;
17        (3) outcomes for the activities must relate to student
18    growth or district improvement;
19        (4) activities align to State-approved standards; and
20        (5) higher education coursework.
21    (e) For each renewal cycle, each professional educator
22licensee shall engage in professional development activities.
23Prior to renewal, the licensee shall enter electronically into
24the Educator Licensure Information System (ELIS) the name,
25date, and location of the activity, the number of professional
26development hours, and the provider's name. The following

 

 

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1provisions shall apply concerning professional development
2activities:
3        (1) Each licensee shall complete a total of 120 hours
4    of professional development per 5-year renewal cycle in
5    order to renew the license, except as otherwise provided in
6    this Section.
7        (2) Beginning with his or her first full 5-year cycle,
8    any licensee with an administrative endorsement who is not
9    working in a position requiring such endorsement is not
10    required to complete Illinois Administrators' Academy
11    courses, as described in Article 2 of this Code. Such
12    licensees must complete one Illinois Administrators'
13    Academy course within one year after returning to a
14    position that requires the administrative endorsement.
15        (3) Any licensee with an administrative endorsement
16    who is working in a position requiring such endorsement or
17    an individual with a Teacher Leader endorsement serving in
18    an administrative capacity at least 50% of the day shall
19    complete one Illinois Administrators' Academy course, as
20    described in Article 2 of this Code, each fiscal year in
21    addition to 100 hours of professional development per
22    5-year renewal cycle in accordance with this Code.
23        (4) Any licensee holding a current National Board for
24    Professional Teaching Standards (NBPTS) master teacher
25    designation shall complete a total of 60 hours of
26    professional development per 5-year renewal cycle in order

 

 

10100SB1569ham004- 169 -LRB101 09273 NHT 72327 a

1    to renew the license.
2        (5) Licensees working in a position that does not
3    require educator licensure or working in a position for
4    less than 50% for any particular year are considered to be
5    exempt and shall be required to pay only the registration
6    fee in order to renew and maintain the validity of the
7    license.
8        (6) Licensees who are retired and qualify for benefits
9    from a State of Illinois retirement system shall notify the
10    State Board of Education using ELIS, and the license shall
11    be maintained in retired status. For any renewal cycle in
12    which a licensee retires during the renewal cycle, the
13    licensee must complete professional development activities
14    on a prorated basis depending on the number of years during
15    the renewal cycle the educator held an active license. If a
16    licensee retires during a renewal cycle, the licensee must
17    notify the State Board of Education using ELIS that the
18    licensee wishes to maintain the license in retired status
19    and must show proof of completion of professional
20    development activities on a prorated basis for all years of
21    that renewal cycle for which the license was active. An
22    individual with a license in retired status shall not be
23    required to complete professional development activities
24    or pay registration fees until returning to a position that
25    requires educator licensure. Upon returning to work in a
26    position that requires the Professional Educator License,

 

 

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1    the licensee shall immediately pay a registration fee and
2    complete renewal requirements for that year. A license in
3    retired status cannot lapse. Beginning on January 6, 2017
4    (the effective date of Public Act 99-920) through December
5    31, 2017, any licensee who has retired and whose license
6    has lapsed for failure to renew as provided in this Section
7    may reinstate that license and maintain it in retired
8    status upon providing proof to the State Board of Education
9    using ELIS that the licensee is retired and is not working
10    in a position that requires a Professional Educator
11    License.
12        (7) For any renewal cycle in which professional
13    development hours were required, but not fulfilled, the
14    licensee shall complete any missed hours to total the
15    minimum professional development hours required in this
16    Section prior to September 1 of that year. Professional
17    development hours used to fulfill the minimum required
18    hours for a renewal cycle may be used for only one renewal
19    cycle. For any fiscal year or renewal cycle in which an
20    Illinois Administrators' Academy course was required but
21    not completed, the licensee shall complete any missed
22    Illinois Administrators' Academy courses prior to
23    September 1 of that year. The licensee may complete all
24    deficient hours and Illinois Administrators' Academy
25    courses while continuing to work in a position that
26    requires that license until September 1 of that year.

 

 

10100SB1569ham004- 171 -LRB101 09273 NHT 72327 a

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

 

 

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

 

 

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

 

 

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

 

 

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1shall do the following:
2        (1) align professional development activities to the
3    State-approved national standards for professional
4    learning;
5        (2) meet the professional development criteria for
6    Illinois licensure renewal;
7        (3) produce a rationale for the activity that explains
8    how it aligns to State standards and identify the
9    assessment for determining the expected impact on student
10    learning or school improvement;
11        (4) maintain original documentation for completion of
12    activities;
13        (5) provide license holders with evidence of
14    completion of activities;
15        (6) request an Illinois Educator Identification Number
16    (IEIN) for each educator during each professional
17    development activity; and
18        (7) beginning on July 1, 2019, register annually with
19    the State Board of Education prior to offering any
20    professional development opportunities in the current
21    fiscal year.
22    (j) The State Board of Education shall conduct annual
23audits of a subset of approved providers, except for school
24districts, which shall be audited by regional offices of
25education and intermediate service centers. The State Board of
26Education shall ensure that each approved provider, except for

 

 

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1a school district, is audited at least once every 5 years. The
2State Board of Education may conduct more frequent audits of
3providers if evidence suggests the requirements of this Section
4or administrative rules are not being met.
5        (1) (Blank).
6        (2) Approved providers shall comply with the
7    requirements in subsections (h) and (i) of this Section by
8    annually submitting data to the State Board of Education
9    demonstrating how the professional development activities
10    impacted one or more of the following:
11            (A) educator and student growth in regards to
12        content knowledge or skills, or both;
13            (B) educator and student social and emotional
14        growth; or
15            (C) alignment to district or school improvement
16        plans.
17        (3) The State Superintendent of Education shall review
18    the annual data collected by the State Board of Education,
19    regional offices of education, and intermediate service
20    centers in audits to determine if the approved provider has
21    met the criteria and should continue to be an approved
22    provider or if further action should be taken as provided
23    in rules.
24    (k) Registration fees shall be paid for the next renewal
25cycle between April 1 and June 30 in the last year of each
265-year renewal cycle using ELIS. If all required professional

 

 

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

 

 

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

 

 

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1    using a form of credit or debit card.
2    (n) The State Board of Education may adopt rules as may be
3necessary to implement this Section.
4(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
5100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
61-1-20; 101-531, eff. 8-23-19; revised 9-19-19.)
 
7    (105 ILCS 5/21B-50)
8    Sec. 21B-50. Alternative Educator Licensure Program.
9    (a) There is established an alternative educator licensure
10program, to be known as the Alternative Educator Licensure
11Program for Teachers.
12    (b) The Alternative Educator Licensure Program for
13Teachers may be offered by a recognized institution approved to
14offer educator preparation programs by the State Board of
15Education, in consultation with the State Educator Preparation
16and Licensure Board.
17    The program shall be comprised of 4 phases:
18        (1) A course of study that at a minimum includes
19    instructional planning; instructional strategies,
20    including special education, reading, and English language
21    learning; classroom management; and the assessment of
22    students and use of data to drive instruction.
23        (2) A year of residency, which is a candidate's
24    assignment to a full-time teaching position or as a
25    co-teacher for one full school year. An individual must

 

 

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1    hold an Educator License with Stipulations with an
2    alternative provisional educator endorsement in order to
3    enter the residency and must complete additional program
4    requirements that address required State and national
5    standards, pass the State Board's teacher performance
6    assessment no later than the end of the first semester of
7    the second year of residency before entering the second
8    residency year, as required under phase (3) of this
9    subsection (b), and be recommended by the principal or
10    qualified equivalent of a principal, as required under
11    subsection (d) of this Section, and the program coordinator
12    to continue with the second year of the residency.
13        (3) A second year of residency, which shall include the
14    candidate's assignment to a full-time teaching position
15    for one school year. The candidate must be assigned an
16    experienced teacher to act as a mentor and coach the
17    candidate through the second year of residency.
18        (4) A comprehensive assessment of the candidate's
19    teaching effectiveness, as evaluated by the principal or
20    qualified equivalent of a principal, as required under
21    subsection (d) of this Section, and the program
22    coordinator, at the end of the second year of residency. If
23    there is disagreement between the 2 evaluators about the
24    candidate's teaching effectiveness, the candidate may
25    complete one additional year of residency teaching under a
26    professional development plan developed by the principal

 

 

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1    or qualified equivalent and the preparation program. At the
2    completion of the third year, a candidate must have
3    positive evaluations and a recommendation for full
4    licensure from both the principal or qualified equivalent
5    and the program coordinator or no Professional Educator
6    License shall be issued.
7    Successful completion of the program shall be deemed to
8satisfy any other practice or student teaching and content
9matter requirements established by law.
10    (c) An alternative provisional educator endorsement on an
11Educator License with Stipulations is valid for 2 years of
12teaching in the public schools, including without limitation a
13preschool educational program under Section 2-3.71 of this Code
14or charter school, or in a State-recognized nonpublic school in
15which the chief administrator is required to have the licensure
16necessary to be a principal in a public school in this State
17and in which a majority of the teachers are required to have
18the licensure necessary to be instructors in a public school in
19this State, but may be renewed for a third year if needed to
20complete the Alternative Educator Licensure Program for
21Teachers. The endorsement shall be issued only once to an
22individual who meets all of the following requirements:
23        (1) Has graduated from a regionally accredited college
24    or university with a bachelor's degree or higher.
25        (2) Has a cumulative grade point average of 3.0 or
26    greater on a 4.0 scale or its equivalent on another scale.

 

 

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1        (3) Has completed a major in the content area if
2    seeking a middle or secondary level endorsement or, if
3    seeking an early childhood, elementary, or special
4    education endorsement, has completed a major in the content
5    area of reading, English/language arts, mathematics, or
6    one of the sciences. If the individual does not have a
7    major in a content area for any level of teaching, he or
8    she must submit transcripts to the State Board of Education
9    to be reviewed for equivalency.
10        (4) Has successfully completed phase (1) of subsection
11    (b) of this Section.
12        (5) Has passed a content area test required for the
13    specific endorsement for admission into the program, as
14    required under Section 21B-30 of this Code.
15    A candidate possessing the alternative provisional
16educator endorsement may receive a salary, benefits, and any
17other terms of employment offered to teachers in the school who
18are members of an exclusive bargaining representative, if any,
19but a school is not required to provide these benefits during
20the years of residency if the candidate is serving only as a
21co-teacher. If the candidate is serving as the teacher of
22record, the candidate must receive a salary, benefits, and any
23other terms of employment. Residency experiences must not be
24counted towards tenure.
25    (d) The recognized institution offering the Alternative
26Educator Licensure Program for Teachers must partner with a

 

 

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1school district, including without limitation a preschool
2educational program under Section 2-3.71 of this Code or
3charter school, or a State-recognized, nonpublic school in this
4State in which the chief administrator is required to have the
5licensure necessary to be a principal in a public school in
6this State and in which a majority of the teachers are required
7to have the licensure necessary to be instructors in a public
8school in this State. A recognized institution that partners
9with a public school district administering a preschool
10educational program under Section 2-3.71 of this Code must
11require a principal to recommend or evaluate candidates in the
12program. A recognized institution that partners with an
13eligible entity administering a preschool educational program
14under Section 2-3.71 of this Code and that is not a public
15school district must require a principal or qualified
16equivalent of a principal to recommend or evaluate candidates
17in the program. The program presented for approval by the State
18Board of Education must demonstrate the supports that are to be
19provided to assist the provisional teacher during the 2-year
20residency period. These supports must provide additional
21contact hours with mentors during the first year of residency.
22    (e) Upon completion of the 4 phases outlined in subsection
23(b) of this Section and all assessments required under Section
2421B-30 of this Code, an individual shall receive a Professional
25Educator License.
26    (f) The State Board of Education, in consultation with the

 

 

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1State Educator Preparation and Licensure Board, may adopt such
2rules as may be necessary to establish and implement the
3Alternative Educator Licensure Program for Teachers.
4(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
5101-220, eff. 8-7-19; 101-570, eff. 8-23-19; revised 9-19-19.)
 
6    (105 ILCS 5/21B-110 new)
7    Sec. 21B-110. Public health emergency declaration.
8    (a) This Section applies only during any time in which the
9Governor has declared a public health emergency under Section 7
10of the Illinois Emergency Management Agency Act.
11    (b) Notwithstanding any other requirements under this
12Article, the requirements under subsection (f) of Section
1321B-30 are waived for an applicant seeking an educator license.
14    (c) Notwithstanding any other requirements under this
15Article, during the implementation of remote learning days
16under Section 10-30, a candidate seeking an educator license
17may:
18        (1) complete his or her required student teaching or
19    equivalent experience remotely; or
20        (2) complete his or her required school business
21    management internship remotely.
 
22    (105 ILCS 5/21B-115 new)
23    Sec. 21B-115. Spring 2020 student teaching or internship.
24Notwithstanding any other requirements under this Article, for

 

 

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

 

 

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1    "School term" means that portion of the school year, July 1
2to the following June 30, when school is in actual session.
3    "Program" means a program of a special education joint
4agreement.
5    "Program of a special education joint agreement" means
6instructional, consultative, supervisory, administrative,
7diagnostic, and related services that are managed by a special
8educational joint agreement designed to service 2 or more
9school districts that are members of the joint agreement.
10    "PERA implementation date" means the implementation date
11of an evaluation system for teachers as specified by Section
1224A-2.5 of this Code for all schools within a school district
13or all programs of a special education joint agreement.
14    (b) This Section and Sections 24-12 through 24-16 of this
15Article apply only to school districts having less than 500,000
16inhabitants.
17    (c) Any teacher who is first employed as a full-time
18teacher in a school district or program prior to the PERA
19implementation date and who is employed in that district or
20program for a probationary period of 4 consecutive school terms
21shall enter upon contractual continued service in the district
22or in all of the programs that the teacher is legally qualified
23to hold, unless the teacher is given written notice of
24dismissal by certified mail, return receipt requested, by the
25employing board at least 45 days before the end of any school
26term within such period.

 

 

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1    (d) For any teacher who is first employed as a full-time
2teacher in a school district or program on or after the PERA
3implementation date, the probationary period shall be one of
4the following periods, based upon the teacher's school terms of
5service and performance, before the teacher shall enter upon
6contractual continued service in the district or in all of the
7programs that the teacher is legally qualified to hold, unless
8the teacher is given written notice of dismissal by certified
9mail, return receipt requested, by the employing board at least
1045 days before the end of any school term within such period:
11        (1) 4 consecutive school terms of service in which the
12    teacher receives overall annual evaluation ratings of at
13    least "Proficient" in the last school term and at least
14    "Proficient" in either the second or third school term;
15        (2) 3 consecutive school terms of service in which the
16    teacher receives 3 overall annual evaluations of
17    "Excellent"; or
18        (3) 2 consecutive school terms of service in which the
19    teacher receives 2 overall annual evaluations of
20    "Excellent" service, but only if the teacher (i) previously
21    attained contractual continued service in a different
22    school district or program in this State, (ii) voluntarily
23    departed or was honorably dismissed from that school
24    district or program in the school term immediately prior to
25    the teacher's first school term of service applicable to
26    the attainment of contractual continued service under this

 

 

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

 

 

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1    90 days from the teacher's first day of service with the
2    new school district or program, then the new school
3    district or program shall rely upon the teacher's own
4    copies of his or her evaluations for purposes of this
5    subdivision (3).
6    If the teacher does not receive overall annual evaluations
7of "Excellent" in the school terms necessary for eligibility to
8achieve accelerated contractual continued service in
9subdivisions (2) and (3) of this subsection (d), the teacher
10shall be eligible for contractual continued service pursuant to
11subdivision (1) of this subsection (d). If, at the conclusion
12of 4 consecutive school terms of service that count toward
13attainment of contractual continued service, the teacher's
14performance does not qualify the teacher for contractual
15continued service under subdivision (1) of this subsection (d),
16then the teacher shall not enter upon contractual continued
17service and shall be dismissed. If a performance evaluation is
18not conducted for any school term when such evaluation is
19required to be conducted under Section 24A-5 of this Code, then
20the teacher's performance evaluation rating for such school
21term for purposes of determining the attainment of contractual
22continued service shall be deemed "Proficient", except that,
23during any time in which the Governor has declared a disaster
24due to a public health emergency pursuant to Section 7 of the
25Illinois Emergency Management Agency Act, this default to
26"Proficient" does not apply to any teacher who has entered into

 

 

10100SB1569ham004- 190 -LRB101 09273 NHT 72327 a

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

 

 

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

 

 

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1discharge of a teacher and reductions in salary as hereinafter
2provided. Contractual continued service status shall not
3restrict the power of the board to transfer a teacher to a
4position which the teacher is qualified to fill or to make such
5salary adjustments as it deems desirable, but unless reductions
6in salary are uniform or based upon some reasonable
7classification, any teacher whose salary is reduced shall be
8entitled to a notice and a hearing as hereinafter provided in
9the case of certain dismissals or removals.
10    (h) If, by reason of any change in the boundaries of school
11districts or by reason of the creation of a new school
12district, the position held by any teacher having a contractual
13continued service status is transferred from one board to the
14control of a new or different board, then the contractual
15continued service status of the teacher is not thereby lost,
16and such new or different board is subject to this Code with
17respect to the teacher in the same manner as if the teacher
18were its employee and had been its employee during the time the
19teacher was actually employed by the board from whose control
20the position was transferred.
21    (i) The employment of any teacher in a program of a special
22education joint agreement established under Section 3-15.14,
2310-22.31 or 10-22.31a shall be governed by this and succeeding
24Sections of this Article. For purposes of attaining and
25maintaining contractual continued service and computing length
26of continuing service as referred to in this Section and

 

 

10100SB1569ham004- 193 -LRB101 09273 NHT 72327 a

1Section 24-12, employment in a special educational joint
2program shall be deemed a continuation of all previous
3certificated employment of such teacher for such joint
4agreement whether the employer of the teacher was the joint
5agreement, the regional superintendent, or one of the
6participating districts in the joint agreement.
7    (j) For any teacher employed after July 1, 1987 as a
8full-time teacher in a program of a special education joint
9agreement, whether the program is operated by the joint
10agreement or a member district on behalf of the joint
11agreement, in the event of a reduction in the number of
12programs or positions in the joint agreement in which the
13notice of dismissal is provided on or before the end of the
142010-2011 school term, the teacher in contractual continued
15service is eligible for employment in the joint agreement
16programs for which the teacher is legally qualified in order of
17greater length of continuing service in the joint agreement,
18unless an alternative method of determining the sequence of
19dismissal is established in a collective bargaining agreement.
20For any teacher employed after July 1, 1987 as a full-time
21teacher in a program of a special education joint agreement,
22whether the program is operated by the joint agreement or a
23member district on behalf of the joint agreement, in the event
24of a reduction in the number of programs or positions in the
25joint agreement in which the notice of dismissal is provided
26during the 2011-2012 school term or a subsequent school term,

 

 

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1the teacher shall be included on the honorable dismissal lists
2of all joint agreement programs for positions for which the
3teacher is qualified and is eligible for employment in such
4programs in accordance with subsections (b) and (c) of Section
524-12 of this Code and the applicable honorable dismissal
6policies of the joint agreement.
7    (k) For any teacher employed after July 1, 1987 as a
8full-time teacher in a program of a special education joint
9agreement, whether the program is operated by the joint
10agreement or a member district on behalf of the joint
11agreement, in the event of the dissolution of a joint
12agreement, in which the notice to teachers of the dissolution
13is provided during the 2010-2011 school term, the teacher in
14contractual continued service who is legally qualified shall be
15assigned to any comparable position in a member district
16currently held by a teacher who has not entered upon
17contractual continued service or held by a teacher who has
18entered upon contractual continued service with a shorter
19length of contractual continued service. Any teacher employed
20after July 1, 1987 as a full-time teacher in a program of a
21special education joint agreement, whether the program is
22operated by the joint agreement or a member district on behalf
23of the joint agreement, in the event of the dissolution of a
24joint agreement in which the notice to teachers of the
25dissolution is provided during the 2011-2012 school term or a
26subsequent school term, the teacher who is qualified shall be

 

 

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1included on the order of honorable dismissal lists of each
2member district and shall be assigned to any comparable
3position in any such district in accordance with subsections
4(b) and (c) of Section 24-12 of this Code and the applicable
5honorable dismissal policies of each member district.
6    (l) The governing board of the joint agreement, or the
7administrative district, if so authorized by the articles of
8agreement of the joint agreement, rather than the board of
9education of a school district, may carry out employment and
10termination actions including dismissals under this Section
11and Section 24-12.
12    (m) The employment of any teacher in a special education
13program authorized by Section 14-1.01 through 14-14.01, or a
14joint educational program established under Section 10-22.31a,
15shall be under this and the succeeding Sections of this
16Article, and such employment shall be deemed a continuation of
17the previous employment of such teacher in any of the
18participating districts, regardless of the participation of
19other districts in the program.
20    (n) Any teacher employed as a full-time teacher in a
21special education program prior to September 23, 1987 in which
222 or more school districts participate for a probationary
23period of 2 consecutive years shall enter upon contractual
24continued service in each of the participating districts,
25subject to this and the succeeding Sections of this Article,
26and, notwithstanding Section 24-1.5 of this Code, in the event

 

 

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1of the termination of the program shall be eligible for any
2vacant position in any of such districts for which such teacher
3is qualified.
4(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
5    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
6    Sec. 24-12. Removal or dismissal of teachers in contractual
7continued service.
8    (a) This subsection (a) applies only to honorable
9dismissals and recalls in which the notice of dismissal is
10provided on or before the end of the 2010-2011 school term. If
11a teacher in contractual continued service is removed or
12dismissed as a result of a decision of the board to decrease
13the number of teachers employed by the board or to discontinue
14some particular type of teaching service, written notice shall
15be mailed to the teacher and also given the teacher either by
16certified mail, return receipt requested or personal delivery
17with receipt at least 60 days before the end of the school
18term, together with a statement of honorable dismissal and the
19reason therefor, and in all such cases the board shall first
20remove or dismiss all teachers who have not entered upon
21contractual continued service before removing or dismissing
22any teacher who has entered upon contractual continued service
23and who is legally qualified to hold a position currently held
24by a teacher who has not entered upon contractual continued
25service.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1bargaining agreement), the positions thereby becoming
2available must be tendered to the teachers so removed or
3dismissed who were in grouping 2 of the sequence of dismissal
4due to one "needs improvement" rating on either of the
5teacher's last 2 performance evaluation ratings, provided
6that, if 2 ratings are available, the other performance
7evaluation rating used for grouping purposes is
8"satisfactory", "proficient", or "excellent", and are
9qualified to hold the positions, based upon legal
10qualifications and any other qualifications established in a
11district or joint agreement job description, on or before the
12May 10 prior to the date of the positions becoming available.
13On and after July 1, 2014 (the effective date of Public Act
1498-648), the preceding sentence shall apply to teachers removed
15or dismissed by honorable dismissal, even if notice of
16honorable dismissal occurred during the 2013-2014 school year.
17Among teachers eligible for recall pursuant to the preceding
18sentence, the order of recall must be in inverse order of
19dismissal, unless an alternative order of recall is established
20in a collective bargaining agreement or contract between the
21board and a professional faculty members' organization.
22Whenever the number of honorable dismissal notices based upon
23economic necessity exceeds 5 notices or 150% of the average
24number of teachers honorably dismissed in the preceding 3
25years, whichever is more, then the school board or governing
26board of a joint agreement, as applicable, shall also hold a

 

 

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1public hearing on the question of the dismissals. Following the
2hearing and board review, the action to approve any such
3reduction shall require a majority vote of the board members.
4    For purposes of this subsection (b), subject to agreement
5on an alternative definition reached by the joint committee
6described in subsection (c) of this Section, a teacher's
7performance evaluation rating means the overall performance
8evaluation rating resulting from an annual or biennial
9performance evaluation conducted pursuant to Article 24A of
10this Code by the school district or joint agreement determining
11the sequence of dismissal, not