102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1719

 

Introduced 2/17/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.39
105 ILCS 5/10-27.1A
105 ILCS 5/18-8.15
105 ILCS 5/22-88
105 ILCS 5/27-23.7
105 ILCS 5/34-18.8  from Ch. 122, par. 34-18.8
105 ILCS 150/10
105 ILCS 302/20
705 ILCS 405/1-8  from Ch. 37, par. 801-8
705 ILCS 405/5-901
730 ILCS 152/121
730 ILCS 154/100

    Amends the School Code, the Seizure Smart School Act, the College and Career Success for All Students Act, the Juvenile Court Act of 1987, the Sex Offender Community Notification Law, and the Murderer and Violent Offender Against Youth Registration Act to replace the terms "school guidance counselor" and "guidance counselor" with the term "school counselor". Effective July 1, 2021.


LRB102 03832 CMG 13846 b

 

 

A BILL FOR

 

HB1719LRB102 03832 CMG 13846 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-22.39, 10-27.1A, 18-8.15, 27-23.7, and 34-18.8 and by
6renumbering and changing Section 22-85, as added by Public Act
7101-478, as follows:
 
8    (105 ILCS 5/10-22.39)
9    Sec. 10-22.39. In-service training programs.
10    (a) To conduct in-service training programs for teachers.
11    (b) In addition to other topics at in-service training
12programs, at least once every 2 years, licensed school
13personnel and administrators who work with pupils in
14kindergarten through grade 12 shall be trained to identify the
15warning signs of mental illness and suicidal behavior in youth
16and shall be taught appropriate intervention and referral
17techniques. A school district may utilize the Illinois Mental
18Health First Aid training program, established under the
19Illinois Mental Health First Aid Training Act and administered
20by certified instructors trained by a national association
21recognized as an authority in behavioral health, to provide
22the training and meet the requirements under this subsection.
23If licensed school personnel or an administrator obtains

 

 

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1mental health first aid training outside of an in-service
2training program, he or she may present a certificate of
3successful completion of the training to the school district
4to satisfy the requirements of this subsection.
5    (c) School guidance counselors, nurses, teachers and other
6school personnel who work with pupils may be trained to have a
7basic knowledge of matters relating to acquired
8immunodeficiency syndrome (AIDS), including the nature of the
9disease, its causes and effects, the means of detecting it and
10preventing its transmission, and the availability of
11appropriate sources of counseling and referral, and any other
12information that may be appropriate considering the age and
13grade level of such pupils. The School Board shall supervise
14such training. The State Board of Education and the Department
15of Public Health shall jointly develop standards for such
16training.
17    (d) In this subsection (d):
18    "Domestic violence" means abuse by a family or household
19member, as "abuse" and "family or household members" are
20defined in Section 103 of the Illinois Domestic Violence Act
21of 1986.
22    "Sexual violence" means sexual assault, abuse, or stalking
23of an adult or minor child proscribed in the Criminal Code of
241961 or the Criminal Code of 2012 in Sections 11-1.20,
2511-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
2612-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including

 

 

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1sexual violence committed by perpetrators who are strangers to
2the victim and sexual violence committed by perpetrators who
3are known or related by blood or marriage to the victim.
4    At least once every 2 years, an in-service training
5program for school personnel who work with pupils, including,
6but not limited to, school and school district administrators,
7teachers, school guidance counselors, school social workers,
8school counselors, school psychologists, and school nurses,
9must be conducted by persons with expertise in domestic and
10sexual violence and the needs of expectant and parenting youth
11and shall include training concerning (i) communicating with
12and listening to youth victims of domestic or sexual violence
13and expectant and parenting youth, (ii) connecting youth
14victims of domestic or sexual violence and expectant and
15parenting youth to appropriate in-school services and other
16agencies, programs, and services as needed, and (iii)
17implementing the school district's policies, procedures, and
18protocols with regard to such youth, including
19confidentiality. At a minimum, school personnel must be
20trained to understand, provide information and referrals, and
21address issues pertaining to youth who are parents, expectant
22parents, or victims of domestic or sexual violence.
23    (e) At least every 2 years, an in-service training program
24for school personnel who work with pupils must be conducted by
25persons with expertise in anaphylactic reactions and
26management.

 

 

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1    (f) At least once every 2 years, a school board shall
2conduct in-service training on educator ethics,
3teacher-student conduct, and school employee-student conduct
4for all personnel.
5(Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20.)
 
6    (105 ILCS 5/10-27.1A)
7    Sec. 10-27.1A. Firearms in schools.
8    (a) All school officials, including teachers, school
9guidance counselors, and support staff, shall immediately
10notify the office of the principal in the event that they
11observe any person in possession of a firearm on school
12grounds; provided that taking such immediate action to notify
13the office of the principal would not immediately endanger the
14health, safety, or welfare of students who are under the
15direct supervision of the school official or the school
16official. If the health, safety, or welfare of students under
17the direct supervision of the school official or of the school
18official is immediately endangered, the school official shall
19notify the office of the principal as soon as the students
20under his or her supervision and he or she are no longer under
21immediate danger. A report is not required by this Section
22when the school official knows that the person in possession
23of the firearm is a law enforcement official engaged in the
24conduct of his or her official duties. Any school official
25acting in good faith who makes such a report under this Section

 

 

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1shall have immunity from any civil or criminal liability that
2might otherwise be incurred as a result of making the report.
3The identity of the school official making such report shall
4not be disclosed except as expressly and specifically
5authorized by law. Knowingly and willfully failing to comply
6with this Section is a petty offense. A second or subsequent
7offense is a Class C misdemeanor.
8    (b) Upon receiving a report from any school official
9pursuant to this Section, or from any other person, the
10principal or his or her designee shall immediately notify a
11local law enforcement agency. If the person found to be in
12possession of a firearm on school grounds is a student, the
13principal or his or her designee shall also immediately notify
14that student's parent or guardian. Any principal or his or her
15designee acting in good faith who makes such reports under
16this Section shall have immunity from any civil or criminal
17liability that might otherwise be incurred or imposed as a
18result of making the reports. Knowingly and willfully failing
19to comply with this Section is a petty offense. A second or
20subsequent offense is a Class C misdemeanor. If the person
21found to be in possession of the firearm on school grounds is a
22minor, the law enforcement agency shall detain that minor
23until such time as the agency makes a determination pursuant
24to clause (a) of subsection (1) of Section 5-401 of the
25Juvenile Court Act of 1987, as to whether the agency
26reasonably believes that the minor is delinquent. If the law

 

 

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1enforcement agency determines that probable cause exists to
2believe that the minor committed a violation of item (4) of
3subsection (a) of Section 24-1 of the Criminal Code of 2012
4while on school grounds, the agency shall detain the minor for
5processing pursuant to Section 5-407 of the Juvenile Court Act
6of 1987.
7    (c) On or after January 1, 1997, upon receipt of any
8written, electronic, or verbal report from any school
9personnel regarding a verified incident involving a firearm in
10a school or on school owned or leased property, including any
11conveyance owned, leased, or used by the school for the
12transport of students or school personnel, the superintendent
13or his or her designee shall report all such firearm-related
14incidents occurring in a school or on school property to the
15local law enforcement authorities immediately and to the
16Department of State Police in a form, manner, and frequency as
17prescribed by the Department of State Police.
18    The State Board of Education shall receive an annual
19statistical compilation and related data associated with
20incidents involving firearms in schools from the Department of
21State Police. The State Board of Education shall compile this
22information by school district and make it available to the
23public.
24    (d) As used in this Section, the term "firearm" shall have
25the meaning ascribed to it in Section 1.1 of the Firearm Owners
26Identification Card Act.

 

 

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1    As used in this Section, the term "school" means any
2public or private elementary or secondary school.
3    As used in this Section, the term "school grounds"
4includes the real property comprising any school, any
5conveyance owned, leased, or contracted by a school to
6transport students to or from school or a school-related
7activity, or any public way within 1,000 feet of the real
8property comprising any school.
9(Source: P.A. 97-1150, eff. 1-25-13.)
 
10    (105 ILCS 5/18-8.15)
11    Sec. 18-8.15. Evidence-Based Funding for student success
12for the 2017-2018 and subsequent school years.
13    (a) General provisions.
14        (1) The purpose of this Section is to ensure that, by
15    June 30, 2027 and beyond, this State has a kindergarten
16    through grade 12 public education system with the capacity
17    to ensure the educational development of all persons to
18    the limits of their capacities in accordance with Section
19    1 of Article X of the Constitution of the State of
20    Illinois. To accomplish that objective, this Section
21    creates a method of funding public education that is
22    evidence-based; is sufficient to ensure every student
23    receives a meaningful opportunity to learn irrespective of
24    race, ethnicity, sexual orientation, gender, or
25    community-income level; and is sustainable and

 

 

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

 

 

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1    this Act is based on the formula outlined in Senate Bill 1
2    of the 100th General Assembly, as passed by both
3    legislative chambers. As further defined and described in
4    this Section, there are 4 major components of the
5    Evidence-Based Funding model:
6            (A) First, the model calculates a unique Adequacy
7        Target for each Organizational Unit in this State that
8        considers the costs to implement research-based
9        activities, the unit's student demographics, and
10        regional wage differences.
11            (B) Second, the model calculates each
12        Organizational Unit's Local Capacity, or the amount
13        each Organizational Unit is assumed to contribute
14        toward its Adequacy Target from local resources.
15            (C) Third, the model calculates how much funding
16        the State currently contributes to the Organizational
17        Unit and adds that to the unit's Local Capacity to
18        determine the unit's overall current adequacy of
19        funding.
20            (D) Finally, the model's distribution method
21        allocates new State funding to those Organizational
22        Units that are least well-funded, considering both
23        Local Capacity and State funding, in relation to their
24        Adequacy Target.
25        (3) An Organizational Unit receiving any funding under
26    this Section may apply those funds to any fund so received

 

 

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

 

 

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1    prior years for regular, vocational, or special education
2    transportation reimbursement pursuant to Section 29-5 or
3    subsection (b) of Section 14-13.01 of this Code exceed the
4    total transportation expenses, as defined in this
5    paragraph, no transportation rate shall be subtracted from
6    the Operating Tax Rate.
7        "Allocation Rate" is defined in paragraph (3) of
8    subsection (g) of this Section.
9        "Alternative School" means a public school that is
10    created and operated by a regional superintendent of
11    schools and approved by the State Board.
12        "Applicable Tax Rate" is defined in paragraph (1) of
13    subsection (d) of this Section.
14        "Assessment" means any of those benchmark, progress
15    monitoring, formative, diagnostic, and other assessments,
16    in addition to the State accountability assessment, that
17    assist teachers' needs in understanding the skills and
18    meeting the needs of the students they serve.
19        "Assistant principal" means a school administrator
20    duly endorsed to be employed as an assistant principal in
21    this State.
22        "At-risk student" means a student who is at risk of
23    not meeting the Illinois Learning Standards or not
24    graduating from elementary or high school and who
25    demonstrates a need for vocational support or social
26    services beyond that provided by the regular school

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    with this paragraph is less than 0.9, the Organizational
2    Unit CWI shall be increased to 0.9. Each county's current
3    CWI value shall be adjusted based on the CWI value of that
4    county's neighboring Illinois counties, to create a
5    "weighted adjusted index value". This shall be calculated
6    by summing the CWI values of all of a county's adjacent
7    Illinois counties and dividing by the number of adjacent
8    Illinois counties, then taking the weighted value of the
9    original county's CWI value and the adjacent Illinois
10    county average. To calculate this weighted value, if the
11    number of adjacent Illinois counties is greater than 2,
12    the original county's CWI value will be weighted at 0.25
13    and the adjacent Illinois county average will be weighted
14    at 0.75. If the number of adjacent Illinois counties is 2,
15    the original county's CWI value will be weighted at 0.33
16    and the adjacent Illinois county average will be weighted
17    at 0.66. The greater of the county's current CWI value and
18    its weighted adjusted index value shall be used as the
19    Organizational Unit CWI.
20        "Preceding Tax Year" means the property tax levy year
21    immediately preceding the Base Tax Year.
22        "Preceding Tax Year's Extension" means the product of
23    the equalized assessed valuation utilized by the county
24    clerk in the Preceding Tax Year multiplied by the
25    Operating Tax Rate.
26        "Preliminary Percent of Adequacy" is defined in

 

 

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

 

 

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1    member who provides support to at-risk or struggling
2    students.
3        "Real Receipts" is defined in paragraph (1) of
4    subsection (d) of this Section.
5        "Regionalization Factor" means, for a particular
6    Organizational Unit, the figure derived by dividing the
7    Organizational Unit CWI by the Statewide Weighted CWI.
8        "School counselor" means a licensed school counselor
9    who provides guidance and counseling support for students
10    within an Organizational Unit.
11        "School site staff" means the primary school secretary
12    and any additional clerical personnel assigned to a
13    school.
14        "Special education" means special educational
15    facilities and services, as defined in Section 14-1.08 of
16    this Code.
17        "Special Education Allocation" means the amount of an
18    Organizational Unit's final Adequacy Target attributable
19    to special education divided by the Organizational Unit's
20    final Adequacy Target, the product of which shall be
21    multiplied by the amount of new funding received pursuant
22    to this Section. An Organizational Unit's final Adequacy
23    Target attributable to special education shall include all
24    special education investment adequacy elements.
25        "Specialist teacher" means a teacher who provides
26    instruction in subject areas not included in core

 

 

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

 

 

HB1719- 29 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 30 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 31 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 32 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 33 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 34 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 35 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 36 -LRB102 03832 CMG 13846 b

1        receive an additional $285.50 per student of the
2        combined ASE of pre-kindergarten children with
3        disabilities and all kindergarten through grade 12
4        students to cover computer technology and equipment
5        costs in the Organizational Unit's Adequacy Target.
6        The State Board may establish additional requirements
7        for Organizational Unit expenditures of funds received
8        pursuant to this subparagraph (Q), including a
9        requirement that funds received pursuant to this
10        subparagraph (Q) may be used only for serving the
11        technology needs of the district. It is the intent of
12        Public Act 100-465 that all Tier 1 and Tier 2 districts
13        receive the addition to their Adequacy Target in the
14        following year, subject to compliance with the
15        requirements of the State Board.
16            (R) Student activities investments. Each
17        Organizational Unit shall receive the following
18        funding amounts to cover student activities: $100 per
19        kindergarten through grade 5 ASE student in elementary
20        school, plus $200 per ASE student in middle school,
21        plus $675 per ASE student in high school.
22            (S) Maintenance and operations investments. Each
23        Organizational Unit shall receive $1,038 per student
24        of the combined ASE of pre-kindergarten children with
25        disabilities and all kindergarten through grade 12
26        students for day-to-day maintenance and operations

 

 

HB1719- 37 -LRB102 03832 CMG 13846 b

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

 

 

HB1719- 38 -LRB102 03832 CMG 13846 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        recognition of the absence of EAV and resources from
2        school districts that are allocated to the regional
3        office of education or intermediate service center.
4        The weighted mean for the Local Capacity Percentage
5        shall be determined by multiplying each Organizational
6        Unit's Local Capacity Ratio times the ASE for the unit
7        creating a weighted value, summing the weighted values
8        of all Organizational Units, and dividing by the total
9        ASE of all Organizational Units. The weighted standard
10        deviation shall be determined by taking the square
11        root of the weighted variance of all Organizational
12        Units' Local Capacity Ratio, where the variance is
13        calculated by squaring the difference between each
14        unit's Local Capacity Ratio and the weighted mean,
15        then multiplying the variance for each unit times the
16        ASE for the unit to create a weighted variance for each
17        unit, then summing all units' weighted variance and
18        dividing by the total ASE of all units.
19            (D) For any Organizational Unit, the
20        Organizational Unit's Adjusted Local Capacity Target
21        shall be reduced by either (i) the school board's
22        remaining contribution pursuant to paragraph (ii) of
23        subsection (b-4) of Section 16-158 of the Illinois
24        Pension Code in a given year or (ii) the board of
25        education's remaining contribution pursuant to
26        paragraph (iv) of subsection (b) of Section 17-129 of

 

 

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

 

 

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1for purposes of the Local Capacity calculation.
2        (1) An Organizational Unit's Real Receipts are the
3    product of its Applicable Tax Rate and its Adjusted EAV.
4    An Organizational Unit's Applicable Tax Rate is its
5    Adjusted Operating Tax Rate for property within the
6    Organizational Unit.
7        (2) The State Superintendent shall calculate the
8    equalized assessed valuation, or EAV, of all taxable
9    property of each Organizational Unit as of September 30 of
10    the previous year in accordance with paragraph (3) of this
11    subsection (d). The State Superintendent shall then
12    determine the Adjusted EAV of each Organizational Unit in
13    accordance with paragraph (4) of this subsection (d),
14    which Adjusted EAV figure shall be used for the purposes
15    of calculating Local Capacity.
16        (3) To calculate Real Receipts and EAV, the Department
17    of Revenue shall supply to the State Superintendent the
18    value as equalized or assessed by the Department of
19    Revenue of all taxable property of every Organizational
20    Unit, together with (i) the applicable tax rate used in
21    extending taxes for the funds of the Organizational Unit
22    as of September 30 of the previous year and (ii) the
23    limiting rate for all Organizational Units subject to
24    property tax extension limitations as imposed under PTELL.
25            (A) The Department of Revenue shall add to the
26        equalized assessed value of all taxable property of

 

 

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

 

 

HB1719- 49 -LRB102 03832 CMG 13846 b

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

 

 

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1        attributable to an increase above the total initial
2        EAV of such property shall be used as part of the EAV
3        of the Organizational Unit, until such time as all
4        redevelopment project costs have been paid, as
5        provided in Section 11-74.4-8 of the Tax Increment
6        Allocation Redevelopment Act or in Section 11-74.6-35
7        of the Industrial Jobs Recovery Law. For the purpose
8        of the EAV of the Organizational Unit, the total
9        initial EAV or the current EAV, whichever is lower,
10        shall be used until such time as all redevelopment
11        project costs have been paid.
12            (B-5) The real property equalized assessed
13        valuation for a school district shall be adjusted by
14        subtracting from the real property value, as equalized
15        or assessed by the Department of Revenue, for the
16        district an amount computed by dividing the amount of
17        any abatement of taxes under Section 18-170 of the
18        Property Tax Code by 3.00% for a district maintaining
19        grades kindergarten through 12, by 2.30% for a
20        district maintaining grades kindergarten through 8, or
21        by 1.05% for a district maintaining grades 9 through
22        12 and adjusted by an amount computed by dividing the
23        amount of any abatement of taxes under subsection (a)
24        of Section 18-165 of the Property Tax Code by the same
25        percentage rates for district type as specified in
26        this subparagraph (B-5).

 

 

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

 

 

HB1719- 52 -LRB102 03832 CMG 13846 b

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

 

 

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1    equalized assessed valuation of new property, annexed
2    property, and recovered tax increment value and minus the
3    equalized assessed valuation of disconnected property.
4        As used in this paragraph (4), "new property" and
5    "recovered tax increment value" shall have the meanings
6    set forth in the Property Tax Extension Limitation Law.
7    (e) Base Funding Minimum calculation.
8        (1) For the 2017-2018 school year, the Base Funding
9    Minimum of an Organizational Unit or a Specially Funded
10    Unit shall be the amount of State funds distributed to the
11    Organizational Unit or Specially Funded Unit during the
12    2016-2017 school year prior to any adjustments and
13    specified appropriation amounts described in this
14    paragraph (1) from the following Sections, as calculated
15    by the State Superintendent: Section 18-8.05 of this Code
16    (now repealed); Section 5 of Article 224 of Public Act
17    99-524 (equity grants); Section 14-7.02b of this Code
18    (funding for children requiring special education
19    services); Section 14-13.01 of this Code (special
20    education facilities and staffing), except for
21    reimbursement of the cost of transportation pursuant to
22    Section 14-13.01; Section 14C-12 of this Code (English
23    learners); and Section 18-4.3 of this Code (summer
24    school), based on an appropriation level of $13,121,600.
25    For a school district organized under Article 34 of this
26    Code, the Base Funding Minimum also includes (i) the funds

 

 

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1    allocated to the school district pursuant to Section 1D-1
2    of this Code attributable to funding programs authorized
3    by the Sections of this Code listed in the preceding
4    sentence and (ii) the difference between (I) the funds
5    allocated to the school district pursuant to Section 1D-1
6    of this Code attributable to the funding programs
7    authorized by Section 14-7.02 (non-public special
8    education reimbursement), subsection (b) of Section
9    14-13.01 (special education transportation), Section 29-5
10    (transportation), Section 2-3.80 (agricultural
11    education), Section 2-3.66 (truants' alternative
12    education), Section 2-3.62 (educational service centers),
13    and Section 14-7.03 (special education - orphanage) of
14    this Code and Section 15 of the Childhood Hunger Relief
15    Act (free breakfast program) and (II) the school
16    district's actual expenditures for its non-public special
17    education, special education transportation,
18    transportation programs, agricultural education, truants'
19    alternative education, services that would otherwise be
20    performed by a regional office of education, special
21    education orphanage expenditures, and free breakfast, as
22    most recently calculated and reported pursuant to
23    subsection (f) of Section 1D-1 of this Code. The Base
24    Funding Minimum for Glenwood Academy shall be $625,500.
25    For programs operated by a regional office of education or
26    an intermediate service center, the Base Funding Minimum

 

 

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1    must be the total amount of State funds allocated to those
2    programs in the 2018-2019 school year and amounts provided
3    pursuant to Article 34 of Public Act 100-586 and Section
4    3-16 of this Code. All programs established after June 5,
5    2019 (the effective date of Public Act 101-10) and
6    administered by a regional office of education or an
7    intermediate service center must have an initial Base
8    Funding Minimum set to an amount equal to the first-year
9    ASE multiplied by the amount of per pupil funding received
10    in the previous school year by the lowest funded similar
11    existing program type. If the enrollment for a program
12    operated by a regional office of education or an
13    intermediate service center is zero, then it may not
14    receive Base Funding Minimum funds for that program in the
15    next fiscal year, and those funds must be distributed to
16    Organizational Units under subsection (g).
17        (2) For the 2018-2019 and subsequent school years, the
18    Base Funding Minimum of Organizational Units and Specially
19    Funded Units shall be the sum of (i) the amount of
20    Evidence-Based Funding for the prior school year, (ii) the
21    Base Funding Minimum for the prior school year, and (iii)
22    any amount received by a school district pursuant to
23    Section 7 of Article 97 of Public Act 100-21.
24        (3) Subject to approval by the General Assembly as
25    provided in this paragraph (3), an Organizational Unit
26    that meets all of the following criteria, as determined by

 

 

HB1719- 56 -LRB102 03832 CMG 13846 b

1    the State Board, shall have District Intervention Money
2    added to its Base Funding Minimum at the time the Base
3    Funding Minimum is calculated by the State Board:
4            (A) The Organizational Unit is operating under an
5        Independent Authority under Section 2-3.25f-5 of this
6        Code for a minimum of 4 school years or is subject to
7        the control of the State Board pursuant to a court
8        order for a minimum of 4 school years.
9            (B) The Organizational Unit was designated as a
10        Tier 1 or Tier 2 Organizational Unit in the previous
11        school year under paragraph (3) of subsection (g) of
12        this Section.
13            (C) The Organizational Unit demonstrates
14        sustainability through a 5-year financial and
15        strategic plan.
16            (D) The Organizational Unit has made sufficient
17        progress and achieved sufficient stability in the
18        areas of governance, academic growth, and finances.
19        As part of its determination under this paragraph (3),
20    the State Board may consider the Organizational Unit's
21    summative designation, any accreditations of the
22    Organizational Unit, or the Organizational Unit's
23    financial profile, as calculated by the State Board.
24        If the State Board determines that an Organizational
25    Unit has met the criteria set forth in this paragraph (3),
26    it must submit a report to the General Assembly, no later

 

 

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1    than January 2 of the fiscal year in which the State Board
2    makes it determination, on the amount of District
3    Intervention Money to add to the Organizational Unit's
4    Base Funding Minimum. The General Assembly must review the
5    State Board's report and may approve or disapprove, by
6    joint resolution, the addition of District Intervention
7    Money. If the General Assembly fails to act on the report
8    within 40 calendar days from the receipt of the report,
9    the addition of District Intervention Money is deemed
10    approved. If the General Assembly approves the amount of
11    District Intervention Money to be added to the
12    Organizational Unit's Base Funding Minimum, the District
13    Intervention Money must be added to the Base Funding
14    Minimum annually thereafter.
15        For the first 4 years following the initial year that
16    the State Board determines that an Organizational Unit has
17    met the criteria set forth in this paragraph (3) and has
18    received funding under this Section, the Organizational
19    Unit must annually submit to the State Board, on or before
20    November 30, a progress report regarding its financial and
21    strategic plan under subparagraph (C) of this paragraph
22    (3). The plan shall include the financial data from the
23    past 4 annual financial reports or financial audits that
24    must be presented to the State Board by November 15 of each
25    year and the approved budget financial data for the
26    current year. The plan shall be developed according to the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (C) The Tier 3 Allocation Rate is the result of the
2        following equation: Tier 3 Aggregate Funding, divided
3        by the sum of the Adequacy Targets of all Tier 3
4        Organizational Units.
5            (D) The Tier 4 Allocation Rate is the result of the
6        following equation: Tier 4 Aggregate Funding, divided
7        by the sum of the Adequacy Targets of all Tier 4
8        Organizational Units.
9        (5) A tier's Target Ratio is determined as follows:
10            (A) The Tier 1 Target Ratio is the ratio level that
11        allows for Tier 1 Aggregate Funding to be distributed
12        with the Tier 1 Allocation Rate.
13            (B) The Tier 2 Target Ratio is 0.90.
14            (C) The Tier 3 Target Ratio is 1.0.
15        (6) If, at any point, the Tier 1 Target Ratio is
16    greater than 90%, then than all Tier 1 funding shall be
17    allocated to Tier 2 and no Tier 1 Organizational Unit's
18    funding may be identified.
19        (7) In the event that all Tier 2 Organizational Units
20    receive funding at the Tier 2 Target Ratio level, any
21    remaining New State Funds shall be allocated to Tier 3 and
22    Tier 4 Organizational Units.
23        (8) If any Specially Funded Units, excluding Glenwood
24    Academy, recognized by the State Board do not qualify for
25    direct funding following the implementation of Public Act
26    100-465 from any of the funding sources included within

 

 

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

 

 

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

 

 

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1    for purposes of Section 2-3.170 of this Code up to a
2    maximum of $50,000,000.
3        (10) In the event of a decrease in the amount of the
4    appropriation for this Section in any fiscal year after
5    implementation of this Section, the Organizational Units
6    receiving Tier 1 and Tier 2 funding, as determined under
7    paragraph (3) of this subsection (g), shall be held
8    harmless by establishing a Base Funding Guarantee equal to
9    the per pupil kindergarten through grade 12 funding
10    received in accordance with this Section in the prior
11    fiscal year. Reductions shall be made to the Base Funding
12    Minimum of Organizational Units in Tier 3 and Tier 4 on a
13    per pupil basis equivalent to the total number of the ASE
14    in Tier 3-funded and Tier 4-funded Organizational Units
15    divided by the total reduction in State funding. The Base
16    Funding Minimum as reduced shall continue to be applied to
17    Tier 3 and Tier 4 Organizational Units and adjusted by the
18    relative formula when increases in appropriations for this
19    Section resume. In no event may State funding reductions
20    to Organizational Units in Tier 3 or Tier 4 exceed an
21    amount that would be less than the Base Funding Minimum
22    established in the first year of implementation of this
23    Section. If additional reductions are required, all school
24    districts shall receive a reduction by a per pupil amount
25    equal to the aggregate additional appropriation reduction
26    divided by the total ASE of all Organizational Units.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        with the Illinois Early Learning Council.
2        (4) (Blank).
3        (5) Within 5 years after the implementation of this
4    Section, and every 5 years thereafter, the Panel shall
5    complete an evaluative study of the entire Evidence-Based
6    Funding model, including an assessment of whether or not
7    the formula is achieving State goals. The Panel shall
8    report to the State Board, the General Assembly, and the
9    Governor on the findings of the study.
10        (6) (Blank).
11    (j) References. Beginning July 1, 2017, references in
12other laws to general State aid funds or calculations under
13Section 18-8.05 of this Code (now repealed) shall be deemed to
14be references to evidence-based model formula funds or
15calculations under this Section.
16(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
17100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
186-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
 
19    (105 ILCS 5/22-88)
20    Sec. 22-88 22-85. Parental notification of law enforcement
21detainment and questioning on school grounds.
22    (a) In this Section, "school grounds" means the real
23property comprising an active and operational elementary or
24secondary school during the regular hours in which school is
25in session and when students are present.

 

 

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1    (b) Before detaining and questioning a student on school
2grounds who is under 18 years of age and who is suspected of
3committing a criminal act, a law enforcement officer, a school
4resource officer, or other school security personnel must do
5all of the following:
6        (1) Ensure that notification or attempted notification
7    of the student's parent or guardian is made.
8        (2) Document the time and manner in which the
9    notification or attempted notification under paragraph (1)
10    occurred.
11        (3) Make reasonable efforts to ensure that the
12    student's parent or guardian is present during the
13    questioning or, if the parent or guardian is not present,
14    ensure that school personnel, including, but not limited
15    to, a school social worker, a school psychologist, a
16    school nurse, a school guidance counselor, or any other
17    mental health professional, are present during the
18    questioning.
19        (4) If practicable, make reasonable efforts to ensure
20    that a law enforcement officer trained in promoting safe
21    interactions and communications with youth is present
22    during the questioning. An officer who received training
23    in youth investigations approved or certified by his or
24    her law enforcement agency or under Section 10.22 of the
25    Police Training Act or a juvenile police officer, as
26    defined under Section 1-3 of the Juvenile Court Act of

 

 

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1    1987, satisfies the requirement under this paragraph.
2    (c) This Section does not limit the authority of a law
3enforcement officer to make an arrest on school grounds. This
4Section does not apply to circumstances that would cause a
5reasonable person to believe that urgent and immediate action
6is necessary to do any of the following:
7        (1) Prevent bodily harm or injury to the student or
8    any other person.
9        (2) Apprehend an armed or fleeing suspect.
10        (3) Prevent the destruction of evidence.
11        (4) Address an emergency or other dangerous situation.
12(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
 
13    (105 ILCS 5/27-23.7)
14    Sec. 27-23.7. Bullying prevention.
15    (a) The General Assembly finds that a safe and civil
16school environment is necessary for students to learn and
17achieve and that bullying causes physical, psychological, and
18emotional harm to students and interferes with students'
19ability to learn and participate in school activities. The
20General Assembly further finds that bullying has been linked
21to other forms of antisocial behavior, such as vandalism,
22shoplifting, skipping and dropping out of school, fighting,
23using drugs and alcohol, sexual harassment, and sexual
24violence. Because of the negative outcomes associated with
25bullying in schools, the General Assembly finds that school

 

 

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1districts, charter schools, and non-public, non-sectarian
2elementary and secondary schools should educate students,
3parents, and school district, charter school, or non-public,
4non-sectarian elementary or secondary school personnel about
5what behaviors constitute prohibited bullying.
6    Bullying on the basis of actual or perceived race, color,
7religion, sex, national origin, ancestry, age, marital status,
8physical or mental disability, military status, sexual
9orientation, gender-related identity or expression,
10unfavorable discharge from military service, association with
11a person or group with one or more of the aforementioned actual
12or perceived characteristics, or any other distinguishing
13characteristic is prohibited in all school districts, charter
14schools, and non-public, non-sectarian elementary and
15secondary schools. No student shall be subjected to bullying:
16        (1) during any school-sponsored education program or
17    activity;
18        (2) while in school, on school property, on school
19    buses or other school vehicles, at designated school bus
20    stops waiting for the school bus, or at school-sponsored
21    or school-sanctioned events or activities;
22        (3) through the transmission of information from a
23    school computer, a school computer network, or other
24    similar electronic school equipment; or
25        (4) through the transmission of information from a
26    computer that is accessed at a nonschool-related location,

 

 

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1    activity, function, or program or from the use of
2    technology or an electronic device that is not owned,
3    leased, or used by a school district or school if the
4    bullying causes a substantial disruption to the
5    educational process or orderly operation of a school. This
6    item (4) applies only in cases in which a school
7    administrator or teacher receives a report that bullying
8    through this means has occurred and does not require a
9    district or school to staff or monitor any
10    nonschool-related activity, function, or program.
11    (a-5) Nothing in this Section is intended to infringe upon
12any right to exercise free expression or the free exercise of
13religion or religiously based views protected under the First
14Amendment to the United States Constitution or under Section 3
15of Article I of the Illinois Constitution.
16    (b) In this Section:
17    "Bullying" includes "cyber-bullying" and means any severe
18or pervasive physical or verbal act or conduct, including
19communications made in writing or electronically, directed
20toward a student or students that has or can be reasonably
21predicted to have the effect of one or more of the following:
22        (1) placing the student or students in reasonable fear
23    of harm to the student's or students' person or property;
24        (2) causing a substantially detrimental effect on the
25    student's or students' physical or mental health;
26        (3) substantially interfering with the student's or

 

 

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1    students' academic performance; or
2        (4) substantially interfering with the student's or
3    students' ability to participate in or benefit from the
4    services, activities, or privileges provided by a school.
5    Bullying, as defined in this subsection (b), may take
6various forms, including without limitation one or more of the
7following: harassment, threats, intimidation, stalking,
8physical violence, sexual harassment, sexual violence, theft,
9public humiliation, destruction of property, or retaliation
10for asserting or alleging an act of bullying. This list is
11meant to be illustrative and non-exhaustive.
12    "Cyber-bullying" means bullying through the use of
13technology or any electronic communication, including without
14limitation any transfer of signs, signals, writing, images,
15sounds, data, or intelligence of any nature transmitted in
16whole or in part by a wire, radio, electromagnetic system,
17photoelectronic system, or photooptical system, including
18without limitation electronic mail, Internet communications,
19instant messages, or facsimile communications.
20"Cyber-bullying" includes the creation of a webpage or weblog
21in which the creator assumes the identity of another person or
22the knowing impersonation of another person as the author of
23posted content or messages if the creation or impersonation
24creates any of the effects enumerated in the definition of
25bullying in this Section. "Cyber-bullying" also includes the
26distribution by electronic means of a communication to more

 

 

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1than one person or the posting of material on an electronic
2medium that may be accessed by one or more persons if the
3distribution or posting creates any of the effects enumerated
4in the definition of bullying in this Section.
5    "Policy on bullying" means a bullying prevention policy
6that meets the following criteria:
7        (1) Includes the bullying definition provided in this
8    Section.
9        (2) Includes a statement that bullying is contrary to
10    State law and the policy of the school district, charter
11    school, or non-public, non-sectarian elementary or
12    secondary school and is consistent with subsection (a-5)
13    of this Section.
14        (3) Includes procedures for promptly reporting
15    bullying, including, but not limited to, identifying and
16    providing the school e-mail address (if applicable) and
17    school telephone number for the staff person or persons
18    responsible for receiving such reports and a procedure for
19    anonymous reporting; however, this shall not be construed
20    to permit formal disciplinary action solely on the basis
21    of an anonymous report.
22        (4) Consistent with federal and State laws and rules
23    governing student privacy rights, includes procedures for
24    promptly informing parents or guardians of all students
25    involved in the alleged incident of bullying and
26    discussing, as appropriate, the availability of social

 

 

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1    work services, counseling, school psychological services,
2    other interventions, and restorative measures.
3        (5) Contains procedures for promptly investigating and
4    addressing reports of bullying, including the following:
5            (A) Making all reasonable efforts to complete the
6        investigation within 10 school days after the date the
7        report of the incident of bullying was received and
8        taking into consideration additional relevant
9        information received during the course of the
10        investigation about the reported incident of bullying.
11            (B) Involving appropriate school support personnel
12        and other staff persons with knowledge, experience,
13        and training on bullying prevention, as deemed
14        appropriate, in the investigation process.
15            (C) Notifying the principal or school
16        administrator or his or her designee of the report of
17        the incident of bullying as soon as possible after the
18        report is received.
19            (D) Consistent with federal and State laws and
20        rules governing student privacy rights, providing
21        parents and guardians of the students who are parties
22        to the investigation information about the
23        investigation and an opportunity to meet with the
24        principal or school administrator or his or her
25        designee to discuss the investigation, the findings of
26        the investigation, and the actions taken to address

 

 

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1        the reported incident of bullying.
2        (6) Includes the interventions that can be taken to
3    address bullying, which may include, but are not limited
4    to, school social work services, restorative measures,
5    social-emotional skill building, counseling, school
6    psychological services, and community-based services.
7        (7) Includes a statement prohibiting reprisal or
8    retaliation against any person who reports an act of
9    bullying and the consequences and appropriate remedial
10    actions for a person who engages in reprisal or
11    retaliation.
12        (8) Includes consequences and appropriate remedial
13    actions for a person found to have falsely accused another
14    of bullying as a means of retaliation or as a means of
15    bullying.
16        (9) Is based on the engagement of a range of school
17    stakeholders, including students and parents or guardians.
18        (10) Is posted on the school district's, charter
19    school's, or non-public, non-sectarian elementary or
20    secondary school's existing Internet website, is included
21    in the student handbook, and, where applicable, posted
22    where other policies, rules, and standards of conduct are
23    currently posted in the school and provided periodically
24    throughout the school year to students and faculty, and is
25    distributed annually to parents, guardians, students, and
26    school personnel, including new employees when hired.

 

 

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1        (11) As part of the process of reviewing and
2    re-evaluating the policy under subsection (d) of this
3    Section, contains a policy evaluation process to assess
4    the outcomes and effectiveness of the policy that
5    includes, but is not limited to, factors such as the
6    frequency of victimization; student, staff, and family
7    observations of safety at a school; identification of
8    areas of a school where bullying occurs; the types of
9    bullying utilized; and bystander intervention or
10    participation. The school district, charter school, or
11    non-public, non-sectarian elementary or secondary school
12    may use relevant data and information it already collects
13    for other purposes in the policy evaluation. The
14    information developed as a result of the policy evaluation
15    must be made available on the Internet website of the
16    school district, charter school, or non-public,
17    non-sectarian elementary or secondary school. If an
18    Internet website is not available, the information must be
19    provided to school administrators, school board members,
20    school personnel, parents, guardians, and students.
21        (12) Is consistent with the policies of the school
22    board, charter school, or non-public, non-sectarian
23    elementary or secondary school.
24    "Restorative measures" means a continuum of school-based
25alternatives to exclusionary discipline, such as suspensions
26and expulsions, that: (i) are adapted to the particular needs

 

 

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1of the school and community, (ii) contribute to maintaining
2school safety, (iii) protect the integrity of a positive and
3productive learning climate, (iv) teach students the personal
4and interpersonal skills they will need to be successful in
5school and society, (v) serve to build and restore
6relationships among students, families, schools, and
7communities, and (vi) reduce the likelihood of future
8disruption by balancing accountability with an understanding
9of students' behavioral health needs in order to keep students
10in school.
11    "School personnel" means persons employed by, on contract
12with, or who volunteer in a school district, charter school,
13or non-public, non-sectarian elementary or secondary school,
14including without limitation school and school district
15administrators, teachers, school guidance counselors, school
16social workers, school counselors, school psychologists,
17school nurses, cafeteria workers, custodians, bus drivers,
18school resource officers, and security guards.
19    (c) (Blank).
20    (d) Each school district, charter school, and non-public,
21non-sectarian elementary or secondary school shall create,
22maintain, and implement a policy on bullying, which policy
23must be filed with the State Board of Education. The policy or
24implementing procedure shall include a process to investigate
25whether a reported act of bullying is within the permissible
26scope of the district's or school's jurisdiction and shall

 

 

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1require that the district or school provide the victim with
2information regarding services that are available within the
3district and community, such as counseling, support services,
4and other programs. School personnel available for help with a
5bully or to make a report about bullying shall be made known to
6parents or legal guardians, students, and school personnel.
7Every 2 years, each school district, charter school, and
8non-public, non-sectarian elementary or secondary school shall
9conduct a review and re-evaluation of its policy and make any
10necessary and appropriate revisions. The policy must be filed
11with the State Board of Education after being updated. The
12State Board of Education shall monitor and provide technical
13support for the implementation of policies created under this
14subsection (d).
15    (e) This Section shall not be interpreted to prevent a
16victim from seeking redress under any other available civil or
17criminal law.
18(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
 
19    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
20    Sec. 34-18.8. AIDS training. School guidance counselors,
21nurses, teachers and other school personnel who work with
22pupils may be trained to have a basic knowledge of matters
23relating to acquired immunodeficiency syndrome (AIDS),
24including the nature of the disease, its causes and effects,
25the means of detecting it and preventing its transmission, the

 

 

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1availability of appropriate sources of counseling and
2referral, and any other information that may be appropriate
3considering the age and grade level of such pupils. The Board
4of Education shall supervise such training. The State Board of
5Education and the Department of Public Health shall jointly
6develop standards for such training.
7(Source: P.A. 86-900.)
 
8    Section 10. The Seizure Smart School Act is amended by
9changing Section 10 as follows:
 
10    (105 ILCS 150/10)
11    Sec. 10. Definitions. In this Act:
12    "Delegated care aide" means a school employee or
13paraprofessional who has agreed to receive training in
14epilepsy and assist a student in implementing his or her
15seizure action plan and who has entered into an agreement with
16a parent or guardian of that student.
17    "School" means any primary or secondary public, charter,
18or nonpublic school located in this State.
19    "School employee" means a person who is employed by a
20school district or school as a nurse, principal,
21administrator, school guidance counselor, or teacher, a person
22who is employed by a local health department and assigned to a
23school, or a person who contracts with a school or school
24district to perform services in connection with a student's

 

 

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1seizure action plan. This definition may not be interpreted to
2require a school district, charter school, or nonpublic school
3to hire additional personnel for the sole purpose of the
4personnel to serve as a delegated care aide.
5    "Seizure action plan" means a document that specifies the
6services needed by a student with epilepsy at school and at
7school-sponsored activities and delegates to a delegated care
8aide the authority to provide and supervise these services.
9(Source: P.A. 101-50, eff. 7-1-20.)
 
10    Section 15. The College and Career Success for All
11Students Act is amended by changing Section 20 as follows:
 
12    (105 ILCS 302/20)
13    Sec. 20. Duties of the State Board.
14    (a) In order to fulfill the purposes of this Act, the State
15Board of Education shall encourage school districts to offer
16rigorous courses in grades 6 through 11 that prepare students
17for the demands of Advanced Placement course work. The State
18Board of Education shall also encourage school districts to
19make it a goal that all 10th graders take the Preliminary
20SAT/National Merit Scholars Qualifying Test (PSAT/NMSQT) so
21that test results will provide each high school with a
22database of student assessment data that school guidance
23counselors and teachers will be able to use to identify
24students who are prepared or who need additional work to be

 

 

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1prepared to enroll and be successful in Advanced Placement
2courses, using a research-based Advanced Placement
3identification program provided by the College Board.
4    (b) The State Board of Education shall do all of the
5following:
6        (1) Seek federal funding through the Advanced
7    Placement Incentive Program and the Math-Science
8    Partnership Program and use it to support Advanced
9    Placement and Pre-Advanced Placement teacher professional
10    development and to support the implementation of an
11    integrated instructional program for students in grades 6
12    through 12 in reading, writing, and mathematics that
13    prepares all students for enrollment and success in
14    Advanced Placement courses and in college.
15        (2) Focus State and federal funding with the intent to
16    carry out activities that target school districts serving
17    high concentrations of low-income students.
18        (3) Subject to appropriation, provide a plan of
19    communication that includes without limitation
20    disseminating to parents materials that emphasize the
21    importance of Advanced Placement or other advanced courses
22    to a student's ability to gain access to and to succeed in
23    postsecondary education and materials that emphasize the
24    importance of the PSAT/NMSQT, which provides diagnostic
25    feedback on skills and relates student scores to the
26    probability of success in Advanced Placement courses and

 

 

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1    examinations, and disseminating this information to
2    students, teachers, counselors, administrators, school
3    districts, public community colleges, and State
4    universities.
5        (4) Subject to appropriation, annually evaluate the
6    impact of this Act on rates of student enrollment and
7    success in Advanced Placement courses, on high school
8    graduation rates, and on college enrollment rates.
9(Source: P.A. 94-534, eff. 1-1-06.)
 
10    Section 20. The Juvenile Court Act of 1987 is amended by
11changing Sections 1-8 and 5-901 as follows:
 
12    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
13    Sec. 1-8. Confidentiality and accessibility of juvenile
14court records.
15    (A) A juvenile adjudication shall never be considered a
16conviction nor shall an adjudicated individual be considered a
17criminal. Unless expressly allowed by law, a juvenile
18adjudication shall not operate to impose upon the individual
19any of the civil disabilities ordinarily imposed by or
20resulting from conviction. Unless expressly allowed by law,
21adjudications shall not prejudice or disqualify the individual
22in any civil service application or appointment, from holding
23public office, or from receiving any license granted by public
24authority. All juvenile court records which have not been

 

 

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1expunged are sealed and may never be disclosed to the general
2public or otherwise made widely available. Sealed juvenile
3court records may be obtained only under this Section and
4Section 1-7 and Part 9 of Article V of this Act, when their use
5is needed for good cause and with an order from the juvenile
6court. Inspection and copying of juvenile court records
7relating to a minor who is the subject of a proceeding under
8this Act shall be restricted to the following:
9        (1) The minor who is the subject of record, his or her
10    parents, guardian, and counsel.
11        (2) Law enforcement officers and law enforcement
12    agencies when such information is essential to executing
13    an arrest or search warrant or other compulsory process,
14    or to conducting an ongoing investigation or relating to a
15    minor who has been adjudicated delinquent and there has
16    been a previous finding that the act which constitutes the
17    previous offense was committed in furtherance of criminal
18    activities by a criminal street gang.
19        Before July 1, 1994, for the purposes of this Section,
20    "criminal street gang" means any ongoing organization,
21    association, or group of 3 or more persons, whether formal
22    or informal, having as one of its primary activities the
23    commission of one or more criminal acts and that has a
24    common name or common identifying sign, symbol or specific
25    color apparel displayed, and whose members individually or
26    collectively engage in or have engaged in a pattern of

 

 

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1    criminal activity.
2        Beginning July 1, 1994, for purposes of this Section,
3    "criminal street gang" has the meaning ascribed to it in
4    Section 10 of the Illinois Streetgang Terrorism Omnibus
5    Prevention Act.
6        (3) Judges, hearing officers, prosecutors, public
7    defenders, probation officers, social workers, or other
8    individuals assigned by the court to conduct a
9    pre-adjudication or pre-disposition investigation, and
10    individuals responsible for supervising or providing
11    temporary or permanent care and custody for minors under
12    the order of the juvenile court when essential to
13    performing their responsibilities.
14        (4) Judges, federal, State, and local prosecutors,
15    public defenders, probation officers, and designated
16    staff:
17            (a) in the course of a trial when institution of
18        criminal proceedings has been permitted or required
19        under Section 5-805;
20            (b) when criminal proceedings have been permitted
21        or required under Section 5-805 and a minor is the
22        subject of a proceeding to determine the amount of
23        bail;
24            (c) when criminal proceedings have been permitted
25        or required under Section 5-805 and a minor is the
26        subject of a pre-trial investigation, pre-sentence

 

 

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1        investigation or fitness hearing, or proceedings on an
2        application for probation; or
3            (d) when a minor becomes 18 years of age or older,
4        and is the subject of criminal proceedings, including
5        a hearing to determine the amount of bail, a pre-trial
6        investigation, a pre-sentence investigation, a fitness
7        hearing, or proceedings on an application for
8        probation.
9        (5) Adult and Juvenile Prisoner Review Boards.
10        (6) Authorized military personnel.
11        (6.5) Employees of the federal government authorized
12    by law.
13        (7) Victims, their subrogees and legal
14    representatives; however, such persons shall have access
15    only to the name and address of the minor and information
16    pertaining to the disposition or alternative adjustment
17    plan of the juvenile court.
18        (8) Persons engaged in bona fide research, with the
19    permission of the presiding judge of the juvenile court
20    and the chief executive of the agency that prepared the
21    particular records; provided that publication of such
22    research results in no disclosure of a minor's identity
23    and protects the confidentiality of the record.
24        (9) The Secretary of State to whom the Clerk of the
25    Court shall report the disposition of all cases, as
26    required in Section 6-204 of the Illinois Vehicle Code.

 

 

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1    However, information reported relative to these offenses
2    shall be privileged and available only to the Secretary of
3    State, courts, and police officers.
4        (10) The administrator of a bonafide substance abuse
5    student assistance program with the permission of the
6    presiding judge of the juvenile court.
7        (11) Mental health professionals on behalf of the
8    Department of Corrections or the Department of Human
9    Services or prosecutors who are evaluating, prosecuting,
10    or investigating a potential or actual petition brought
11    under the Sexually Violent Persons Commitment Act relating
12    to a person who is the subject of juvenile court records or
13    the respondent to a petition brought under the Sexually
14    Violent Persons Commitment Act, who is the subject of
15    juvenile court records sought. Any records and any
16    information obtained from those records under this
17    paragraph (11) may be used only in sexually violent
18    persons commitment proceedings.
19        (12) Collection agencies, contracted or otherwise
20    engaged by a governmental entity, to collect any debts due
21    and owing to the governmental entity.
22    (A-1) Findings and exclusions of paternity entered in
23proceedings occurring under Article II of this Act shall be
24disclosed, in a manner and form approved by the Presiding
25Judge of the Juvenile Court, to the Department of Healthcare
26and Family Services when necessary to discharge the duties of

 

 

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1the Department of Healthcare and Family Services under Article
2X of the Illinois Public Aid Code.
3    (B) A minor who is the victim in a juvenile proceeding
4shall be provided the same confidentiality regarding
5disclosure of identity as the minor who is the subject of
6record.
7    (C)(0.1) In cases where the records concern a pending
8juvenile court case, the requesting party seeking to inspect
9the juvenile court records shall provide actual notice to the
10attorney or guardian ad litem of the minor whose records are
11sought.
12    (0.2) In cases where the juvenile court records concern a
13juvenile court case that is no longer pending, the requesting
14party seeking to inspect the juvenile court records shall
15provide actual notice to the minor or the minor's parent or
16legal guardian, and the matter shall be referred to the chief
17judge presiding over matters pursuant to this Act.
18    (0.3) In determining whether juvenile court records should
19be made available for inspection and whether inspection should
20be limited to certain parts of the file, the court shall
21consider the minor's interest in confidentiality and
22rehabilitation over the requesting party's interest in
23obtaining the information. The State's Attorney, the minor,
24and the minor's parents, guardian, and counsel shall at all
25times have the right to examine court files and records.
26    (0.4) Any records obtained in violation of this Section

 

 

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1shall not be admissible in any criminal or civil proceeding,
2or operate to disqualify a minor from subsequently holding
3public office, or operate as a forfeiture of any public
4benefit, right, privilege, or right to receive any license
5granted by public authority.
6    (D) Pending or following any adjudication of delinquency
7for any offense defined in Sections 11-1.20 through 11-1.60 or
812-13 through 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the victim of any such offense shall
10receive the rights set out in Sections 4 and 6 of the Bill of
11Rights for Victims and Witnesses of Violent Crime Act; and the
12juvenile who is the subject of the adjudication,
13notwithstanding any other provision of this Act, shall be
14treated as an adult for the purpose of affording such rights to
15the victim.
16    (E) Nothing in this Section shall affect the right of a
17Civil Service Commission or appointing authority of the
18federal government, or any state, county, or municipality
19examining the character and fitness of an applicant for
20employment with a law enforcement agency, correctional
21institution, or fire department to ascertain whether that
22applicant was ever adjudicated to be a delinquent minor and,
23if so, to examine the records of disposition or evidence which
24were made in proceedings under this Act.
25    (F) Following any adjudication of delinquency for a crime
26which would be a felony if committed by an adult, or following

 

 

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1any adjudication of delinquency for a violation of Section
224-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
3Criminal Code of 2012, the State's Attorney shall ascertain
4whether the minor respondent is enrolled in school and, if so,
5shall provide a copy of the dispositional order to the
6principal or chief administrative officer of the school.
7Access to the dispositional order shall be limited to the
8principal or chief administrative officer of the school and
9any school guidance counselor designated by him or her.
10    (G) Nothing contained in this Act prevents the sharing or
11disclosure of information or records relating or pertaining to
12juveniles subject to the provisions of the Serious Habitual
13Offender Comprehensive Action Program when that information is
14used to assist in the early identification and treatment of
15habitual juvenile offenders.
16    (H) When a court hearing a proceeding under Article II of
17this Act becomes aware that an earlier proceeding under
18Article II had been heard in a different county, that court
19shall request, and the court in which the earlier proceedings
20were initiated shall transmit, an authenticated copy of the
21juvenile court record, including all documents, petitions, and
22orders filed and the minute orders, transcript of proceedings,
23and docket entries of the court.
24    (I) The Clerk of the Circuit Court shall report to the
25Department of State Police, in the form and manner required by
26the Department of State Police, the final disposition of each

 

 

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1minor who has been arrested or taken into custody before his or
2her 18th birthday for those offenses required to be reported
3under Section 5 of the Criminal Identification Act.
4Information reported to the Department under this Section may
5be maintained with records that the Department files under
6Section 2.1 of the Criminal Identification Act.
7    (J) The changes made to this Section by Public Act 98-61
8apply to juvenile law enforcement records of a minor who has
9been arrested or taken into custody on or after January 1, 2014
10(the effective date of Public Act 98-61).
11    (K) Willful violation of this Section is a Class C
12misdemeanor and each violation is subject to a fine of $1,000.
13This subsection (K) shall not apply to the person who is the
14subject of the record.
15    (L) A person convicted of violating this Section is liable
16for damages in the amount of $1,000 or actual damages,
17whichever is greater.
18(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
19100-1162, eff. 12-20-18.)
 
20    (705 ILCS 405/5-901)
21    Sec. 5-901. Court file.
22    (1) The Court file with respect to proceedings under this
23Article shall consist of the petitions, pleadings, victim
24impact statements, process, service of process, orders, writs
25and docket entries reflecting hearings held and judgments and

 

 

HB1719- 100 -LRB102 03832 CMG 13846 b

1decrees entered by the court. The court file shall be kept
2separate from other records of the court.
3        (a) The file, including information identifying the
4    victim or alleged victim of any sex offense, shall be
5    disclosed only to the following parties when necessary for
6    discharge of their official duties:
7            (i) A judge of the circuit court and members of the
8        staff of the court designated by the judge;
9            (ii) Parties to the proceedings and their
10        attorneys;
11            (iii) Victims and their attorneys, except in cases
12        of multiple victims of sex offenses in which case the
13        information identifying the nonrequesting victims
14        shall be redacted;
15            (iv) Probation officers, law enforcement officers
16        or prosecutors or their staff;
17            (v) Adult and juvenile Prisoner Review Boards.
18        (b) The Court file redacted to remove any information
19    identifying the victim or alleged victim of any sex
20    offense shall be disclosed only to the following parties
21    when necessary for discharge of their official duties:
22            (i) Authorized military personnel;
23            (ii) Persons engaged in bona fide research, with
24        the permission of the judge of the juvenile court and
25        the chief executive of the agency that prepared the
26        particular recording: provided that publication of

 

 

HB1719- 101 -LRB102 03832 CMG 13846 b

1        such research results in no disclosure of a minor's
2        identity and protects the confidentiality of the
3        record;
4            (iii) The Secretary of State to whom the Clerk of
5        the Court shall report the disposition of all cases,
6        as required in Section 6-204 or Section 6-205.1 of the
7        Illinois Vehicle Code. However, information reported
8        relative to these offenses shall be privileged and
9        available only to the Secretary of State, courts, and
10        police officers;
11            (iv) The administrator of a bonafide substance
12        abuse student assistance program with the permission
13        of the presiding judge of the juvenile court;
14            (v) Any individual, or any public or private
15        agency or institution, having custody of the juvenile
16        under court order or providing educational, medical or
17        mental health services to the juvenile or a
18        court-approved advocate for the juvenile or any
19        placement provider or potential placement provider as
20        determined by the court.
21    (3) A minor who is the victim or alleged victim in a
22juvenile proceeding shall be provided the same confidentiality
23regarding disclosure of identity as the minor who is the
24subject of record. Information identifying victims and alleged
25victims of sex offenses, shall not be disclosed or open to
26public inspection under any circumstances. Nothing in this

 

 

HB1719- 102 -LRB102 03832 CMG 13846 b

1Section shall prohibit the victim or alleged victim of any sex
2offense from voluntarily disclosing his or her identity.
3    (4) Relevant information, reports and records shall be
4made available to the Department of Juvenile Justice when a
5juvenile offender has been placed in the custody of the
6Department of Juvenile Justice.
7    (5) Except as otherwise provided in this subsection (5),
8juvenile court records shall not be made available to the
9general public but may be inspected by representatives of
10agencies, associations and news media or other properly
11interested persons by general or special order of the court.
12The State's Attorney, the minor, his or her parents, guardian
13and counsel shall at all times have the right to examine court
14files and records.
15        (a) The court shall allow the general public to have
16    access to the name, address, and offense of a minor who is
17    adjudicated a delinquent minor under this Act under either
18    of the following circumstances:
19            (i) The adjudication of delinquency was based upon
20        the minor's commission of first degree murder, attempt
21        to commit first degree murder, aggravated criminal
22        sexual assault, or criminal sexual assault; or
23            (ii) The court has made a finding that the minor
24        was at least 13 years of age at the time the act was
25        committed and the adjudication of delinquency was
26        based upon the minor's commission of: (A) an act in

 

 

HB1719- 103 -LRB102 03832 CMG 13846 b

1        furtherance of the commission of a felony as a member
2        of or on behalf of a criminal street gang, (B) an act
3        involving the use of a firearm in the commission of a
4        felony, (C) an act that would be a Class X felony
5        offense under or the minor's second or subsequent
6        Class 2 or greater felony offense under the Cannabis
7        Control Act if committed by an adult, (D) an act that
8        would be a second or subsequent offense under Section
9        402 of the Illinois Controlled Substances Act if
10        committed by an adult, (E) an act that would be an
11        offense under Section 401 of the Illinois Controlled
12        Substances Act if committed by an adult, or (F) an act
13        that would be an offense under the Methamphetamine
14        Control and Community Protection Act if committed by
15        an adult.
16        (b) The court shall allow the general public to have
17    access to the name, address, and offense of a minor who is
18    at least 13 years of age at the time the offense is
19    committed and who is convicted, in criminal proceedings
20    permitted or required under Section 5-805, under either of
21    the following circumstances:
22            (i) The minor has been convicted of first degree
23        murder, attempt to commit first degree murder,
24        aggravated criminal sexual assault, or criminal sexual
25        assault,
26            (ii) The court has made a finding that the minor

 

 

HB1719- 104 -LRB102 03832 CMG 13846 b

1        was at least 13 years of age at the time the offense
2        was committed and the conviction was based upon the
3        minor's commission of: (A) an offense in furtherance
4        of the commission of a felony as a member of or on
5        behalf of a criminal street gang, (B) an offense
6        involving the use of a firearm in the commission of a
7        felony, (C) a Class X felony offense under the
8        Cannabis Control Act or a second or subsequent Class 2
9        or greater felony offense under the Cannabis Control
10        Act, (D) a second or subsequent offense under Section
11        402 of the Illinois Controlled Substances Act, (E) an
12        offense under Section 401 of the Illinois Controlled
13        Substances Act, or (F) an offense under the
14        Methamphetamine Control and Community Protection Act.
15    (6) Nothing in this Section shall be construed to limit
16the use of a adjudication of delinquency as evidence in any
17juvenile or criminal proceeding, where it would otherwise be
18admissible under the rules of evidence, including but not
19limited to, use as impeachment evidence against any witness,
20including the minor if he or she testifies.
21    (7) Nothing in this Section shall affect the right of a
22Civil Service Commission or appointing authority examining the
23character and fitness of an applicant for a position as a law
24enforcement officer to ascertain whether that applicant was
25ever adjudicated to be a delinquent minor and, if so, to
26examine the records or evidence which were made in proceedings

 

 

HB1719- 105 -LRB102 03832 CMG 13846 b

1under this Act.
2    (8) Following any adjudication of delinquency for a crime
3which would be a felony if committed by an adult, or following
4any adjudication of delinquency for a violation of Section
524-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
6Criminal Code of 2012, the State's Attorney shall ascertain
7whether the minor respondent is enrolled in school and, if so,
8shall provide a copy of the sentencing order to the principal
9or chief administrative officer of the school. Access to such
10juvenile records shall be limited to the principal or chief
11administrative officer of the school and any school guidance
12counselor designated by him or her.
13    (9) Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15juveniles subject to the provisions of the Serious Habitual
16Offender Comprehensive Action Program when that information is
17used to assist in the early identification and treatment of
18habitual juvenile offenders.
19    (11) The Clerk of the Circuit Court shall report to the
20Department of State Police, in the form and manner required by
21the Department of State Police, the final disposition of each
22minor who has been arrested or taken into custody before his or
23her 18th birthday for those offenses required to be reported
24under Section 5 of the Criminal Identification Act.
25Information reported to the Department under this Section may
26be maintained with records that the Department files under

 

 

HB1719- 106 -LRB102 03832 CMG 13846 b

1Section 2.1 of the Criminal Identification Act.
2    (12) Information or records may be disclosed to the
3general public when the court is conducting hearings under
4Section 5-805 or 5-810.
5    (13) The changes made to this Section by Public Act 98-61
6apply to juvenile court records of a minor who has been
7arrested or taken into custody on or after January 1, 2014 (the
8effective date of Public Act 98-61).
9(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
1098-756, eff. 7-16-14.)
 
11    Section 25. The Sex Offender Community Notification Law is
12amended by changing Section 121 as follows:
 
13    (730 ILCS 152/121)
14    Sec. 121. Notification regarding juvenile offenders.
15    (a) The Department of State Police and any law enforcement
16agency having jurisdiction may, in the Department's or
17agency's discretion, only provide the information specified in
18subsection (b) of Section 120 of this Act, with respect to an
19adjudicated juvenile delinquent, to any person when that
20person's safety may be compromised for some reason related to
21the juvenile sex offender.
22    (b) The local law enforcement agency having jurisdiction
23to register the juvenile sex offender shall ascertain from the
24juvenile sex offender whether the juvenile sex offender is

 

 

HB1719- 107 -LRB102 03832 CMG 13846 b

1enrolled in school; and if so, shall provide a copy of the sex
2offender registration form only to the principal or chief
3administrative officer of the school and any school guidance
4counselor designated by him or her. The registration form
5shall be kept separately from any and all school records
6maintained on behalf of the juvenile sex offender.
7(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
8    Section 30. The Murderer and Violent Offender Against
9Youth Registration Act is amended by changing Section 100 as
10follows:
 
11    (730 ILCS 154/100)
12    Sec. 100. Notification regarding juvenile offenders.
13    (a) The Department of State Police and any law enforcement
14agency having jurisdiction may, in the Department's or
15agency's discretion, only provide the information specified in
16subsection (b) of Section 95, with respect to an adjudicated
17juvenile delinquent, to any person when that person's safety
18may be compromised for some reason related to the juvenile
19violent offender against youth.
20    (b) The local law enforcement agency having jurisdiction
21to register the juvenile violent offender against youth shall
22ascertain from the juvenile violent offender against youth
23whether the juvenile violent offender against youth is
24enrolled in school; and if so, shall provide a copy of the

 

 

HB1719- 108 -LRB102 03832 CMG 13846 b

1violent offender against youth registration form only to the
2principal or chief administrative officer of the school and
3any school guidance counselor designated by him or her. The
4registration form shall be kept separately from any and all
5school records maintained on behalf of the juvenile violent
6offender against youth.
7(Source: P.A. 94-945, eff. 6-27-06.)
 
8    Section 99. Effective date. This Act takes effect July 1,
92021.