Full Text of SB2043 102nd General Assembly
SB2043enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sick Leave Bank Act is amended by changing | 5 | | Section 5.10 as follows:
| 6 | | (5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
| 7 | | Sec. 5.10.
"Agency" means any branch, department, board, | 8 | | committee or
commission of State government, but does not | 9 | | include units of local
government, school districts or boards | 10 | | of election commissioners , or the State Board of Education .
| 11 | | (Source: P.A. 87-822.)
| 12 | | Section 10. The School Code is amended by changing | 13 | | Sections 2-3.47a, 2-3.104, 2-3.161, 10-17a, 10-22.6, 21B-35, | 14 | | 26-19, 27-6.5, 29-5, and 34-18.43 as follows: | 15 | | (105 ILCS 5/2-3.47a) | 16 | | Sec. 2-3.47a. Strategic plan. | 17 | | (a) The State Board of Education shall develop and | 18 | | maintain a continuing 5-year comprehensive strategic plan for | 19 | | elementary and secondary education. The strategic plan shall | 20 | | address how the State Board of Education will focus its | 21 | | efforts to increase equity in all Illinois schools and shall |
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| 1 | | include , without limitation , all of the following topic areas: | 2 | | (1) Service and support to school districts to improve | 3 | | student performance. | 4 | | (2) Programs to improve equitable and strategic | 5 | | resource allocation in Equity, adequacy, and | 6 | | predictability of educational opportunities and resources | 7 | | for all schools. | 8 | | (3) Efforts to enhance the social-emotional well-being | 9 | | of Illinois students Program development and improvements, | 10 | | including financial planning and support services . | 11 | | (4) (Blank). Efficient means of delivering services to | 12 | | schools on a regional basis. | 13 | | (5) (Blank). Assistance to students at risk of | 14 | | academic failure and the use of proven support programs | 15 | | and services to close the achievement gap. | 16 | | (6) (Blank). Educational research and development and | 17 | | access and training in the use of a centralized student | 18 | | achievement data system. | 19 | | (7) (Blank). Recommendations for streamlining the | 20 | | School Code to eliminate laws that interfere with local | 21 | | control, taking into account those foundational standards | 22 | | that have already been established. | 23 | | (8) (Blank). Streamlining certification of teachers | 24 | | and administrators to provide quality personnel and | 25 | | ongoing professional development. | 26 | | (9) (Blank). Support services to enhance the capacity |
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| 1 | | of school districts to meet federal and State statutory | 2 | | standards. | 3 | | (10) (Blank). Enhanced technology for use in | 4 | | administration, classroom, and nontraditional educational | 5 | | settings. | 6 | | (11) (Blank). Recognition of successful, exemplary | 7 | | schools. | 8 | | (12) (Blank). The unique needs of rural school | 9 | | districts. | 10 | | (13) (Blank). School reorganization issues. | 11 | | (14) Attraction and retention of diverse and qualified | 12 | | teachers and leaders . | 13 | | (15) (Blank). Additional duties that should be | 14 | | assigned to regional offices of education and regional | 15 | | administrative service centers to support local control of | 16 | | school districts and eliminate any duplication and | 17 | | inefficiency.
| 18 | | The State Board of Education shall consult with the | 19 | | educational community, hold public hearings, and receive input | 20 | | from all interested groups in drafting the strategic plan. | 21 | | (b) To meet the requirements of this Section, the State | 22 | | Board of Education shall issue to the Governor and General | 23 | | Assembly a preliminary report within 6 months after the | 24 | | effective date of this amendatory Act of the 93rd General | 25 | | Assembly and a final 5-year strategic plan within one year | 26 | | after the effective date of this amendatory Act of the 93rd |
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| 1 | | General Assembly. Thereafter, the strategic plan shall be | 2 | | updated and issued to the Governor and General Assembly on or | 3 | | before July 1 of each year.
| 4 | | (Source: P.A. 93-1036, eff. 9-14-04.)
| 5 | | (105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
| 6 | | Sec. 2-3.104. State mandate reports. The State Board of | 7 | | Education shall
prepare an annual report listing all new State | 8 | | mandates applicable to the
common schools during the school | 9 | | year covered by the report, excluding only
those mandates that | 10 | | relate to school elections. The annual report shall
set forth | 11 | | for each listed mandate the date or approximate date that the
| 12 | | mandate became effective and the cost of implementing that | 13 | | mandate during
the school year covered by the report; provided | 14 | | that if the mandate has not
been in effect for the entire | 15 | | school year covered by the report, the
estimated annual cost | 16 | | of implementing that mandate shall be set forth in
that | 17 | | report, and provided that if the mandate exists because of a | 18 | | federal
law, rule or regulation, the report shall note that | 19 | | fact. The State Board
of Education shall highlight on each | 20 | | annual
report each mandate listed thereon that first became | 21 | | effective and
applicable to the common schools during the | 22 | | school year covered by the current
annual report. Each annual | 23 | | report prepared by the State Board of
Education shall be filed | 24 | | by the State Board of Education with the General
Assembly on or | 25 | | before March 1 of the calendar year, beginning with calendar
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| 1 | | year 1992, and shall cover only the school year ending during | 2 | | the calendar year
immediately preceding the calendar year in | 3 | | which the annual report is
required to be filed.
| 4 | | (Source: P.A. 87-632; 87-895.)
| 5 | | (105 ILCS 5/2-3.161) | 6 | | Sec. 2-3.161. Definition of dyslexia; reading instruction | 7 | | advisory group; handbook. | 8 | | (a) The State Board of Education shall incorporate, in | 9 | | both general education and special education, the following | 10 | | definition of dyslexia: | 11 | | Dyslexia is a specific learning disability that is | 12 | | neurobiological in origin.
Dyslexia is characterized by | 13 | | difficulties with accurate and/or fluent word
recognition | 14 | | and by poor spelling and decoding abilities. These | 15 | | difficulties
typically result from a deficit in the | 16 | | phonological component of language
that is often | 17 | | unexpected in relation to other cognitive abilities and | 18 | | the
provision of effective classroom instruction. | 19 | | Secondary consequences may
include problems in reading | 20 | | comprehension and reduced reading experience that
can | 21 | | impede growth of vocabulary and background knowledge. | 22 | | (b) (Blank). Subject to specific State appropriation or | 23 | | the availability of private donations, the State Board of | 24 | | Education shall establish an advisory group to develop a | 25 | | training module or training modules to provide education and |
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| 1 | | professional development to teachers, school administrators, | 2 | | and other education professionals regarding multi-sensory, | 3 | | systematic, and sequential instruction in reading. This | 4 | | advisory group shall complete its work before December 15, | 5 | | 2015 and is abolished on December 15, 2015. The State Board of | 6 | | Education shall reestablish the advisory group abolished on | 7 | | December 15, 2015 to complete the abolished group's work. The | 8 | | reestablished advisory group shall complete its work before | 9 | | December 31, 2016 and is abolished on December 31, 2016. The | 10 | | provisions of this subsection (b), other than this sentence, | 11 | | are inoperative after December 31, 2016.
| 12 | | (c) The State Board of Education shall develop and | 13 | | maintain a handbook to be made available on its Internet | 14 | | website that provides guidance for pupils, parents or | 15 | | guardians, and teachers on the subject of dyslexia. The | 16 | | handbook shall include, but is not limited to: | 17 | | (1) guidelines for teachers and parents or guardians | 18 | | on how to identify signs of dyslexia; | 19 | | (2) a description of educational strategies that have | 20 | | been shown to improve the academic performance of pupils | 21 | | with dyslexia; and | 22 | | (3) a description of resources and services available | 23 | | to pupils with dyslexia, parents or guardians of pupils | 24 | | with dyslexia, and teachers. | 25 | | The State Board shall review the handbook once every 4 | 26 | | years to update, if necessary, the guidelines, educational |
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| 1 | | strategies, or resources and services made available in the | 2 | | handbook. | 3 | | (Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15; | 4 | | 99-602, eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff. | 5 | | 8-18-17; 100-617, eff. 7-20-18.)
| 6 | | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| 7 | | Sec. 10-17a. State, school district, and school report | 8 | | cards.
| 9 | | (1) By October 31, 2013 and October 31 of each subsequent | 10 | | school year, the State Board of Education, through the State | 11 | | Superintendent of Education, shall prepare a State report | 12 | | card, school district report cards, and school report cards, | 13 | | and shall by the most economic means provide to each school
| 14 | | district in this State, including special charter districts | 15 | | and districts
subject to the provisions of Article 34, the | 16 | | report cards for the school district and each of its schools. | 17 | | During a school year in which the Governor has declared a | 18 | | disaster due to a public health emergency pursuant to Section | 19 | | 7 of the Illinois Emergency Management Agency Act, the report | 20 | | cards for the school districts and each of its schools shall be | 21 | | prepared by December 31. | 22 | | (2) In addition to any information required by federal | 23 | | law, the State Superintendent shall determine the indicators | 24 | | and presentation of the school report card, which must | 25 | | include, at a minimum, the most current data collected and |
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| 1 | | maintained by the State Board of Education related to the | 2 | | following: | 3 | | (A) school characteristics and student demographics, | 4 | | including average class size, average teaching experience, | 5 | | student racial/ethnic breakdown, and the percentage of | 6 | | students classified as low-income; the percentage of | 7 | | students classified as English learners , the number of | 8 | | students who graduate from a bilingual or English learner | 9 | | program, and the number of students who graduate from, | 10 | | transfer from, or otherwise leave bilingual programs ; the | 11 | | percentage of students who have individualized education | 12 | | plans or 504 plans that provide for special education | 13 | | services; the number and percentage of all students who | 14 | | have been assessed for placement in a gifted education or | 15 | | advanced academic program and, of those students: (i) the | 16 | | racial and ethnic breakdown, (ii) the percentage who are | 17 | | classified as low-income, and (iii) the number and | 18 | | percentage of students who received direct instruction | 19 | | from a teacher who holds a gifted education endorsement | 20 | | and, of those students, the percentage who are classified | 21 | | as low-income; the percentage of students scoring at the | 22 | | "exceeds expectations" level on the assessments required | 23 | | under Section 2-3.64a-5 of this Code; the percentage of | 24 | | students who annually transferred in or out of the school | 25 | | district; average daily attendance; the per-pupil | 26 | | operating expenditure of the school district; and the |
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| 1 | | per-pupil State average operating expenditure for the | 2 | | district type (elementary, high school, or unit); | 3 | | (B) curriculum information, including, where | 4 | | applicable, Advanced Placement, International | 5 | | Baccalaureate or equivalent courses, dual enrollment | 6 | | courses, foreign language classes, school personnel | 7 | | resources (including Career Technical Education teachers), | 8 | | before and after school programs, extracurricular | 9 | | activities, subjects in which elective classes are | 10 | | offered, health and wellness initiatives (including the | 11 | | average number of days of Physical Education per week per | 12 | | student), approved programs of study, awards received, | 13 | | community partnerships, and special programs such as | 14 | | programming for the gifted and talented, students with | 15 | | disabilities, and work-study students; | 16 | | (C) student outcomes, including, where applicable, the | 17 | | percentage of students deemed proficient on assessments of | 18 | | State standards, the percentage of students in the eighth | 19 | | grade who pass Algebra, the percentage of students who | 20 | | participated in workplace learning experiences, the | 21 | | percentage of students enrolled in post-secondary | 22 | | institutions (including colleges, universities, community | 23 | | colleges, trade/vocational schools, and training programs | 24 | | leading to career certification within 2 semesters of high | 25 | | school graduation), the percentage of students graduating | 26 | | from high school who are college and career ready, and the |
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| 1 | | percentage of graduates enrolled in community colleges, | 2 | | colleges, and universities who are in one or more courses | 3 | | that the community college, college, or university | 4 | | identifies as a developmental course; | 5 | | (D) student progress, including, where applicable, the | 6 | | percentage of students in the ninth grade who have earned | 7 | | 5 credits or more without failing more than one core | 8 | | class, a measure of students entering kindergarten ready | 9 | | to learn, a measure of growth, and the percentage of | 10 | | students who enter high school on track for college and | 11 | | career readiness; | 12 | | (E) the school environment, including, where | 13 | | applicable, high school dropout rate by grade level, the | 14 | | percentage of students with less than 10 absences in a | 15 | | school year, the percentage of teachers with less than 10 | 16 | | absences in a school year for reasons other than | 17 | | professional development, leaves taken pursuant to the | 18 | | federal Family Medical Leave Act of 1993, long-term | 19 | | disability, or parental leaves, the 3-year average of the | 20 | | percentage of teachers returning to the school from the | 21 | | previous year, the number of different principals at the | 22 | | school in the last 6 years, the number of teachers who hold | 23 | | a gifted education endorsement, the process and criteria | 24 | | used by the district to determine whether a student is | 25 | | eligible for participation in a gifted education program | 26 | | or advanced academic program and the manner in which |
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| 1 | | parents and guardians are made aware of the process and | 2 | | criteria, 2 or more indicators from any school climate | 3 | | survey selected or approved by the State and administered | 4 | | pursuant to Section 2-3.153 of this Code, with the same or | 5 | | similar indicators included on school report cards for all | 6 | | surveys selected or approved by the State pursuant to | 7 | | Section 2-3.153 of this Code, and the combined percentage | 8 | | of teachers rated as proficient or excellent in their most | 9 | | recent evaluation; | 10 | | (F) a school district's and its individual schools' | 11 | | balanced accountability measure, in accordance with | 12 | | Section 2-3.25a of this Code; | 13 | | (G) the total and per pupil normal cost amount the | 14 | | State contributed to the Teachers' Retirement System of | 15 | | the State of Illinois in the prior fiscal year for the | 16 | | school's employees, which shall be reported to the State | 17 | | Board of Education by the Teachers' Retirement System of | 18 | | the State of Illinois; | 19 | | (H) for a school district organized under Article 34 | 20 | | of this Code only, State contributions to the Public | 21 | | School Teachers' Pension and Retirement Fund of Chicago | 22 | | and State contributions for health care for employees of | 23 | | that school district; | 24 | | (I) a school district's Final Percent of Adequacy, as | 25 | | defined in paragraph (4) of subsection (f) of Section | 26 | | 18-8.15 of this Code; |
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| 1 | | (J) a school district's Local Capacity Target, as | 2 | | defined in paragraph (2) of subsection (c) of Section | 3 | | 18-8.15 of this Code, displayed as a percentage amount; | 4 | | (K) a school district's Real Receipts, as defined in | 5 | | paragraph (1) of subsection (d) of Section 18-8.15 of this | 6 | | Code, divided by a school district's Adequacy Target, as | 7 | | defined in paragraph (1) of subsection (b) of Section | 8 | | 18-8.15 of this Code, displayed as a percentage amount; | 9 | | (L) a school district's administrative costs; and | 10 | | (M) whether or not the school has participated in the | 11 | | Illinois Youth Survey. In this paragraph (M), "Illinois | 12 | | Youth Survey" means a self-report survey, administered in | 13 | | school settings every 2 years, designed to gather | 14 | | information about health and social indicators, including | 15 | | substance abuse patterns and the attitudes of students in | 16 | | grades 8, 10, and 12; and | 17 | | (N) whether the school offered its students career and | 18 | | technical education opportunities. | 19 | | The school report card shall also provide
information that | 20 | | allows for comparing the current outcome, progress, and | 21 | | environment data to the State average, to the school data from | 22 | | the past 5 years, and to the outcomes, progress, and | 23 | | environment of similar schools based on the type of school and | 24 | | enrollment of low-income students, special education students, | 25 | | and English learners.
| 26 | | As used in this subsection (2): |
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| 1 | | "Administrative costs" means costs associated with | 2 | | executive, administrative, or managerial functions within the | 3 | | school district that involve planning, organizing, managing, | 4 | | or directing the school district. | 5 | | "Advanced academic program" means a course of study to | 6 | | which students are assigned based on advanced cognitive | 7 | | ability or advanced academic achievement compared to local age | 8 | | peers and in which the curriculum is substantially | 9 | | differentiated from the general curriculum to provide | 10 | | appropriate challenge and pace. | 11 | | "Gifted education" means educational services, including | 12 | | differentiated curricula and instructional methods, designed | 13 | | to meet the needs of gifted children as defined in Article 14A | 14 | | of this Code. | 15 | | For the purposes of paragraph (A) of this subsection (2), | 16 | | "average daily attendance" means the average of the actual | 17 | | number of attendance days during the previous school year for | 18 | | any enrolled student who is subject to compulsory attendance | 19 | | by Section 26-1 of this Code at each school and charter school. | 20 | | (3) At the discretion of the State Superintendent, the | 21 | | school district report card shall include a subset of the | 22 | | information identified in paragraphs (A) through (E) of | 23 | | subsection (2) of this Section, as well as information | 24 | | relating to the operating expense per pupil and other finances | 25 | | of the school district, and the State report card shall | 26 | | include a subset of the information identified in paragraphs |
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| 1 | | (A) through (E) and paragraph (N) of subsection (2) of this | 2 | | Section. The school district report card shall include the | 3 | | average daily attendance, as that term is defined in | 4 | | subsection (2) of this Section, of students who have | 5 | | individualized education programs and students who have 504 | 6 | | plans that provide for special education services within the | 7 | | school district. | 8 | | (4) Notwithstanding anything to the contrary in this | 9 | | Section, in consultation with key education stakeholders, the | 10 | | State Superintendent shall at any time have the discretion to | 11 | | amend or update any and all metrics on the school, district, or | 12 | | State report card. | 13 | | (5) Annually, no more than 30 calendar days after receipt | 14 | | of the school district and school report cards from the State | 15 | | Superintendent of Education, each school district, including | 16 | | special charter districts and districts subject to the | 17 | | provisions of Article 34, shall present such report
cards at a | 18 | | regular school board meeting subject to
applicable notice | 19 | | requirements, post the report cards
on the
school district's | 20 | | Internet web site, if the district maintains an Internet web
| 21 | | site, make the report cards
available
to a newspaper of | 22 | | general circulation serving the district, and, upon
request, | 23 | | send the report cards
home to a parent (unless the district | 24 | | does not maintain an Internet web site,
in which case
the | 25 | | report card shall be sent home to parents without request). If | 26 | | the
district posts the report card on its Internet web
site, |
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| 1 | | the district
shall send a
written notice home to parents | 2 | | stating (i) that the report card is available on
the web site,
| 3 | | (ii) the address of the web site, (iii) that a printed copy of | 4 | | the report card
will be sent to
parents upon request, and (iv) | 5 | | the telephone number that parents may
call to
request a | 6 | | printed copy of the report card.
| 7 | | (6) Nothing contained in Public Act 98-648 repeals, | 8 | | supersedes, invalidates, or nullifies final decisions in | 9 | | lawsuits pending on July 1, 2014 (the effective date of Public | 10 | | Act 98-648) in Illinois courts involving the interpretation of | 11 | | Public Act 97-8. | 12 | | (Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18; | 13 | | 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff. | 14 | | 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68, | 15 | | eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
| 16 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 17 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 18 | | searches.
| 19 | | (a) To expel pupils guilty of gross disobedience or | 20 | | misconduct, including gross disobedience or misconduct | 21 | | perpetuated by electronic means, pursuant to subsection (b-20) | 22 | | of this Section, and
no action shall lie against them for such | 23 | | expulsion. Expulsion shall
take place only after the parents | 24 | | have been requested to appear at a
meeting of the board, or | 25 | | with a hearing officer appointed by it, to
discuss their |
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| 1 | | child's behavior. Such request shall be made by registered
or | 2 | | certified mail and shall state the time, place and purpose of | 3 | | the
meeting. The board, or a hearing officer appointed by it, | 4 | | at such
meeting shall state the reasons for dismissal and the | 5 | | date on which the
expulsion is to become effective. If a | 6 | | hearing officer is appointed by
the board, he shall report to | 7 | | the board a written summary of the evidence
heard at the | 8 | | meeting and the board may take such action thereon as it
finds | 9 | | appropriate. If the board acts to expel a pupil, the written | 10 | | expulsion decision shall detail the specific reasons why | 11 | | removing the pupil from the learning environment is in the | 12 | | best interest of the school. The expulsion decision shall also | 13 | | include a rationale as to the specific duration of the | 14 | | expulsion. An expelled pupil may be immediately transferred to | 15 | | an alternative program in the manner provided in Article 13A | 16 | | or 13B of this Code. A pupil must not be denied transfer | 17 | | because of the expulsion, except in cases in which such | 18 | | transfer is deemed to cause a threat to the safety of students | 19 | | or staff in the alternative program.
| 20 | | (b) To suspend or by policy to authorize the | 21 | | superintendent of
the district or the principal, assistant | 22 | | principal, or dean of students
of any school to suspend pupils | 23 | | guilty of gross disobedience or misconduct, or
to suspend | 24 | | pupils guilty of gross disobedience or misconduct on the | 25 | | school bus
from riding the school bus, pursuant to subsections | 26 | | (b-15) and (b-20) of this Section, and no action
shall lie |
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| 1 | | against them for such suspension. The board may by policy
| 2 | | authorize the superintendent of the district or the principal, | 3 | | assistant
principal, or dean of students of any
school to | 4 | | suspend pupils guilty of such acts for a period not to exceed
| 5 | | 10 school days. If a pupil is suspended due to gross | 6 | | disobedience or misconduct
on a school bus, the board may | 7 | | suspend the pupil in excess of 10
school
days for safety | 8 | | reasons. | 9 | | Any suspension shall be reported immediately to the
| 10 | | parents or guardian of a pupil along with a full statement of | 11 | | the
reasons for such suspension and a notice of their right to | 12 | | a review. The school board must be given a summary of the | 13 | | notice, including the reason for the suspension and the | 14 | | suspension length. Upon request of the
parents or guardian, | 15 | | the school board or a hearing officer appointed by
it shall | 16 | | review such action of the superintendent or principal, | 17 | | assistant
principal, or dean of students. At such
review, the | 18 | | parents or guardian of the pupil may appear and discuss the
| 19 | | suspension with the board or its hearing officer. If a hearing | 20 | | officer
is appointed by the board, he shall report to the board | 21 | | a written summary
of the evidence heard at the meeting. After | 22 | | its hearing or upon receipt
of the written report of its | 23 | | hearing officer, the board may take such
action as it finds | 24 | | appropriate. If a student is suspended pursuant to this | 25 | | subsection (b), the board shall, in the written suspension | 26 | | decision, detail the specific act of gross disobedience or |
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| 1 | | misconduct resulting in the decision to suspend. The | 2 | | suspension decision shall also include a rationale as to the | 3 | | specific duration of the suspension. A pupil who is suspended | 4 | | in excess of 20 school days may be immediately transferred to | 5 | | an alternative program in the manner provided in Article 13A | 6 | | or 13B of this Code. A pupil must not be denied transfer | 7 | | because of the suspension, except in cases in which such | 8 | | transfer is deemed to cause a threat to the safety of students | 9 | | or staff in the alternative program.
| 10 | | (b-5) Among the many possible disciplinary interventions | 11 | | and consequences available to school officials, school | 12 | | exclusions, such as out-of-school suspensions and expulsions, | 13 | | are the most serious. School officials shall limit the number | 14 | | and duration of expulsions and suspensions to the greatest | 15 | | extent practicable, and it is recommended that they use them | 16 | | only for legitimate educational purposes. To ensure that | 17 | | students are not excluded from school unnecessarily, it is | 18 | | recommended that school officials consider forms of | 19 | | non-exclusionary discipline prior to using out-of-school | 20 | | suspensions or expulsions. | 21 | | (b-10) Unless otherwise required by federal law or this | 22 | | Code, school boards may not institute zero-tolerance policies | 23 | | by which school administrators are required to suspend or | 24 | | expel students for particular behaviors. | 25 | | (b-15) Out-of-school suspensions of 3 days or less may be | 26 | | used only if the student's continuing presence in school would |
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| 1 | | pose a threat to school safety or a disruption to other | 2 | | students' learning opportunities. For purposes of this | 3 | | subsection (b-15), "threat to school safety or a disruption to | 4 | | other students' learning opportunities" shall be determined on | 5 | | a case-by-case basis by the school board or its designee. | 6 | | School officials shall make all reasonable efforts to resolve | 7 | | such threats, address such disruptions, and minimize the | 8 | | length of suspensions to the greatest extent practicable. | 9 | | (b-20) Unless otherwise required by this Code, | 10 | | out-of-school suspensions of longer than 3 days, expulsions, | 11 | | and disciplinary removals to alternative schools may be used | 12 | | only if other appropriate and available behavioral and | 13 | | disciplinary interventions have been exhausted and the | 14 | | student's continuing presence in school would either (i) pose | 15 | | a
threat to the safety of other students, staff, or members of
| 16 | | the school community or (ii) substantially disrupt, impede, or
| 17 | | interfere with the operation of the school. For purposes of | 18 | | this subsection (b-20), "threat to the safety of other | 19 | | students, staff, or members of the school community" and | 20 | | "substantially disrupt, impede, or interfere with the | 21 | | operation of the school" shall be determined on a case-by-case | 22 | | basis by school officials. For purposes of this subsection | 23 | | (b-20), the determination of whether "appropriate and | 24 | | available behavioral and disciplinary interventions have been | 25 | | exhausted" shall be made by school officials. School officials | 26 | | shall make all reasonable efforts to resolve such threats, |
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| 1 | | address such disruptions, and minimize the length of student | 2 | | exclusions to the greatest extent practicable. Within the | 3 | | suspension decision described in subsection (b) of this | 4 | | Section or the expulsion decision described in subsection (a) | 5 | | of this Section, it shall be documented whether other | 6 | | interventions were attempted or whether it was determined that | 7 | | there were no other appropriate and available interventions. | 8 | | (b-25) Students who are suspended out-of-school for longer | 9 | | than 4 school days shall be provided appropriate and available | 10 | | support services during the period of their suspension. For | 11 | | purposes of this subsection (b-25), "appropriate and available | 12 | | support services" shall be determined by school authorities. | 13 | | Within the suspension decision described in subsection (b) of | 14 | | this Section, it shall be documented whether such services are | 15 | | to be provided or whether it was determined that there are no | 16 | | such appropriate and available services. | 17 | | A school district may refer students who are expelled to | 18 | | appropriate and available support services. | 19 | | A school district shall create a policy to facilitate the | 20 | | re-engagement of students who are suspended out-of-school, | 21 | | expelled, or returning from an alternative school setting. | 22 | | (b-30) A school district shall create a policy by which | 23 | | suspended pupils, including those pupils suspended from the | 24 | | school bus who do not have alternate transportation to school, | 25 | | shall have the opportunity to make up work for equivalent | 26 | | academic credit. It shall be the responsibility of a pupil's |
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| 1 | | parent or guardian to notify school officials that a pupil | 2 | | suspended from the school bus does not have alternate | 3 | | transportation to school. | 4 | | (c) A school board must invite a representative from a | 5 | | local mental health agency to consult with the board at the | 6 | | meeting whenever there is evidence that mental illness may be | 7 | | the cause of a student's expulsion or suspension. The | 8 | | Department of Human Services
shall be invited to send a | 9 | | representative to consult with the board at
such meeting | 10 | | whenever there is evidence that mental illness may be the
| 11 | | cause for expulsion or suspension.
| 12 | | (c-5) School districts shall make reasonable efforts to | 13 | | provide ongoing professional development to teachers, | 14 | | administrators, school board members, school resource | 15 | | officers, and staff on the adverse consequences of school | 16 | | exclusion and justice-system involvement, effective classroom | 17 | | management strategies, culturally responsive discipline, the | 18 | | appropriate and available supportive services for the | 19 | | promotion of student attendance and engagement, and | 20 | | developmentally appropriate disciplinary methods that promote | 21 | | positive and healthy school climates. | 22 | | (d) The board may expel a student for a definite period of | 23 | | time not to
exceed 2 calendar years, as determined on a | 24 | | case-by-case basis.
A student who
is determined to have | 25 | | brought one of the following objects to school, any | 26 | | school-sponsored activity
or event, or any activity or event |
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| 1 | | that bears a reasonable relationship to school shall be | 2 | | expelled for a period of not less than
one year: | 3 | | (1) A firearm. For the purposes of this Section, | 4 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 5 | | by Section 921 of Title 18 of the United States Code, | 6 | | firearm as defined in Section 1.1 of the Firearm Owners | 7 | | Identification Card Act, or firearm as defined in Section | 8 | | 24-1 of the Criminal Code of 2012. The expulsion period | 9 | | under this subdivision (1) may be modified by the | 10 | | superintendent, and the superintendent's determination may | 11 | | be modified by the board on a case-by-case basis. | 12 | | (2) A knife, brass knuckles or other knuckle weapon | 13 | | regardless of its composition, a billy club, or any other | 14 | | object if used or attempted to be used to cause bodily | 15 | | harm, including "look alikes" of any firearm as defined in | 16 | | subdivision (1) of this subsection (d). The expulsion | 17 | | requirement under this subdivision (2) may be modified by | 18 | | the superintendent, and the superintendent's determination | 19 | | may be modified by the board on a case-by-case basis. | 20 | | Expulsion
or suspension
shall be construed in a
manner | 21 | | consistent with the federal Individuals with Disabilities | 22 | | Education
Act. A student who is subject to suspension or | 23 | | expulsion as provided in this
Section may be eligible for a | 24 | | transfer to an alternative school program in
accordance with | 25 | | Article 13A of the School Code.
| 26 | | (d-5) The board may suspend or by regulation
authorize the |
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| 1 | | superintendent of the district or the principal, assistant
| 2 | | principal, or dean of students of any
school to suspend a | 3 | | student for a period not to exceed
10 school days or may expel | 4 | | a student for a definite period of time not to
exceed 2 | 5 | | calendar years, as determined on a case-by-case basis, if (i) | 6 | | that student has been determined to have made an explicit | 7 | | threat on an Internet website against a school employee, a | 8 | | student, or any school-related personnel, (ii) the Internet | 9 | | website through which the threat was made is a site that was | 10 | | accessible within the school at the time the threat was made or | 11 | | was available to third parties who worked or studied within | 12 | | the school grounds at the time the threat was made, and (iii) | 13 | | the threat could be reasonably interpreted as threatening to | 14 | | the safety and security of the threatened individual because | 15 | | of his or her duties or employment status or status as a | 16 | | student inside the school.
| 17 | | (e) To maintain order and security in the schools, school | 18 | | authorities may
inspect and search places and areas such as | 19 | | lockers, desks, parking lots, and
other school property and | 20 | | equipment owned or controlled by the school, as well
as | 21 | | personal effects left in those places and areas by students, | 22 | | without notice
to or the consent of the student, and without a | 23 | | search warrant. As a matter of
public policy, the General | 24 | | Assembly finds that students have no reasonable
expectation of | 25 | | privacy in these places and areas or in their personal effects
| 26 | | left in these places and areas. School authorities may request |
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| 1 | | the assistance
of law enforcement officials for the purpose of | 2 | | conducting inspections and
searches of lockers, desks, parking | 3 | | lots, and other school property and
equipment owned or | 4 | | controlled by the school for illegal drugs, weapons, or
other
| 5 | | illegal or dangerous substances or materials, including | 6 | | searches conducted
through the use of specially trained dogs. | 7 | | If a search conducted in accordance
with this Section produces | 8 | | evidence that the student has violated or is
violating either | 9 | | the law, local ordinance, or the school's policies or rules,
| 10 | | such evidence may be seized by school authorities, and | 11 | | disciplinary action may
be taken. School authorities may also | 12 | | turn over such evidence to law
enforcement authorities.
| 13 | | (f) Suspension or expulsion may include suspension or | 14 | | expulsion from
school and all school activities and a | 15 | | prohibition from being present on school
grounds.
| 16 | | (g) A school district may adopt a policy providing that if | 17 | | a student
is suspended or expelled for any reason from any | 18 | | public or private school
in this or any other state, the | 19 | | student must complete the entire term of
the suspension or | 20 | | expulsion in an alternative school program under Article 13A | 21 | | of this Code or an alternative learning opportunities program | 22 | | under Article 13B of this Code before being admitted into the | 23 | | school
district if there is no threat to the safety of students | 24 | | or staff in the alternative program.
| 25 | | (h) School officials shall not advise or encourage | 26 | | students to drop out voluntarily due to behavioral or academic |
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| 1 | | difficulties. | 2 | | (i) A student may not be issued a monetary fine or fee as a | 3 | | disciplinary consequence, though this shall not preclude | 4 | | requiring a student to provide restitution for lost, stolen, | 5 | | or damaged property. | 6 | | (j) Subsections (a) through (i) of this Section shall | 7 | | apply to elementary and secondary schools, charter schools, | 8 | | special charter districts, and school districts organized | 9 | | under Article 34 of this Code. | 10 | | (k) The expulsion of children enrolled in programs funded | 11 | | under Section 1C-2 of this Code is subject to the requirements | 12 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 13 | | this Code. | 14 | | (l) Beginning with the 2018-2019 school year, an in-school | 15 | | suspension program provided by a school district for any | 16 | | students in kindergarten through grade 12 may focus on | 17 | | promoting non-violent conflict resolution and positive | 18 | | interaction with other students and school personnel. A school | 19 | | district may employ a school social worker or a licensed | 20 | | mental health professional to oversee an in-school suspension | 21 | | program in kindergarten through grade 12. | 22 | | (Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19; | 23 | | 100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff. | 24 | | 7-12-19.)
| 25 | | (105 ILCS 5/21B-35) |
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| 1 | | Sec. 21B-35. Minimum requirements for educators trained in | 2 | | other states or countries. | 3 | | (a) Any applicant who has not been entitled by an | 4 | | Illinois-approved educator preparation program at an Illinois | 5 | | institution of higher education applying for a Professional | 6 | | Educator License endorsed in a teaching field or school | 7 | | support personnel area must meet the following requirements: | 8 | | (1) the applicant must: | 9 | | (A) hold a comparable and valid educator license | 10 | | or certificate, as defined by rule, with similar grade | 11 | | level and content area credentials from another state, | 12 | | with the State Board of Education having the authority | 13 | | to determine what constitutes similar grade level and | 14 | | content area credentials from another state; | 15 | | (B) have a bachelor's degree from a regionally | 16 | | accredited institution of higher education; and | 17 | | (C) (blank); or have demonstrated proficiency in | 18 | | the English language by either passing the English | 19 | | language proficiency test required by the State Board | 20 | | of Education or providing evidence of completing a | 21 | | postsecondary degree at an institution in which the | 22 | | mode of instruction was English; or | 23 | | (2) the applicant must: | 24 | | (A) have completed a state-approved program for | 25 | | the licensure area sought, including coursework | 26 | | concerning methods of instruction of the exceptional |
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| 1 | | child, methods of reading and reading in the content | 2 | | area, and instructional strategies for English | 3 | | learners; | 4 | | (B) have a bachelor's degree from a regionally | 5 | | accredited institution of higher education; | 6 | | (C) have successfully met all Illinois examination | 7 | | requirements, except that: | 8 | | (i) (blank); | 9 | | (ii) an applicant who has successfully | 10 | | completed a test of content, as defined by rules, | 11 | | at the time of initial licensure in another state | 12 | | is not required to complete a test of content; and | 13 | | (iii) an applicant for a teaching endorsement | 14 | | who has successfully completed an evidence-based | 15 | | assessment of teacher effectiveness, as defined by | 16 | | rules, at the time of initial licensure in another | 17 | | state is not required to complete an | 18 | | evidence-based assessment of teacher | 19 | | effectiveness; and | 20 | | (D) for an applicant for a teaching endorsement, | 21 | | have completed student teaching or an equivalent | 22 | | experience or, for an applicant for a school service | 23 | | personnel endorsement, have completed an internship or | 24 | | an equivalent experience. | 25 | | (b) In order to receive a Professional Educator License | 26 | | endorsed in a teaching field or school support personnel area, |
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| 1 | | applicants trained in another country must meet all of the | 2 | | following requirements: | 3 | | (1) Have completed a comparable education program in | 4 | | another country. | 5 | | (2) Have had transcripts evaluated by an evaluation | 6 | | service approved by the State Superintendent of Education. | 7 | | (3) Have a degree comparable to a degree from a | 8 | | regionally accredited institution of higher education. | 9 | | (4) Have completed coursework aligned to standards | 10 | | concerning methods of instruction of the exceptional | 11 | | child, methods of reading and reading in the content area, | 12 | | and instructional strategies for English learners. | 13 | | (5) (Blank). | 14 | | (6) (Blank). | 15 | | (7) Have successfully met all State licensure | 16 | | examination requirements. Applicants who have successfully | 17 | | completed a test of content, as defined by rules, at the | 18 | | time of initial licensure in another country shall not be | 19 | | required to complete a test of content. Applicants for a | 20 | | teaching endorsement who have successfully completed an | 21 | | evidence-based assessment of teacher effectiveness, as | 22 | | defined by rules, at the time of initial licensure in | 23 | | another country shall not be required to complete an | 24 | | evidence-based assessment of teacher effectiveness. | 25 | | (8) Have completed student teaching or an equivalent | 26 | | experience. |
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| 1 | | (9) (Blank). Have demonstrated proficiency in the | 2 | | English language by either passing the English language | 3 | | proficiency test required by the State Board of Education | 4 | | or providing evidence of completing a postsecondary degree | 5 | | at an institution in which the mode of instruction was | 6 | | English. | 7 | | (b-5) All applicants who have not been entitled by an | 8 | | Illinois-approved educator preparation program at an Illinois | 9 | | institution of higher education and applicants trained in | 10 | | another country applying for a Professional Educator License | 11 | | endorsed for principal or superintendent must hold a master's | 12 | | degree from a regionally accredited institution of higher | 13 | | education , pass the English language proficiency test required | 14 | | by the State Board of Education, and hold a comparable and | 15 | | valid educator license or certificate with similar grade level | 16 | | and subject matter credentials, with the State Board of | 17 | | Education having the authority to determine what constitutes | 18 | | similar grade level and subject matter credentials from | 19 | | another state, or must meet all of the following requirements: | 20 | | (1) Have completed an educator preparation program | 21 | | approved by another state or comparable educator program | 22 | | in another country leading to the receipt of a license or | 23 | | certificate for the Illinois endorsement sought. | 24 | | (2) Have successfully met all State licensure | 25 | | examination requirements, as required by Section 21B-30 of | 26 | | this Code. Applicants who have successfully completed a |
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| 1 | | test of content, as defined by rules, at the time of | 2 | | initial licensure in another state or country shall not be | 3 | | required to complete a test of content. | 4 | | (2.5) Have completed an internship, as defined by | 5 | | rule. | 6 | | (3) (Blank). | 7 | | (4) Have completed coursework aligned to standards | 8 | | concerning methods of instruction of the exceptional | 9 | | child, methods of reading and reading in the content area, | 10 | | and instructional strategies for English learners. | 11 | | (4.5) (Blank). Have demonstrated proficiency in the | 12 | | English language by either passing the English language | 13 | | proficiency test required by the State Board of Education | 14 | | or providing evidence of completing a postsecondary degree | 15 | | at an institution in which the mode of instruction was | 16 | | English. | 17 | | (5) Have completed a master's degree. | 18 | | (6) Have successfully completed teaching, school | 19 | | support, or administrative experience as defined by rule. | 20 | | (b-7) All applicants who have not been entitled by an | 21 | | Illinois-approved educator preparation program at an Illinois | 22 | | institution of higher education applying for a Professional | 23 | | Educator License endorsed for Director of Special Education | 24 | | must hold a master's degree from a regionally accredited | 25 | | institution of higher education and must hold a comparable and | 26 | | valid educator license or certificate with similar grade level |
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| 1 | | and subject matter credentials, with the State Board of | 2 | | Education having the authority to determine what constitutes | 3 | | similar grade level and subject matter credentials from | 4 | | another state, or must meet all of the following requirements: | 5 | | (1) Have completed a master's degree. | 6 | | (2) Have 2 years of full-time experience providing | 7 | | special education services. | 8 | | (3) Have successfully completed all examination | 9 | | requirements, as required by Section 21B-30 of this Code. | 10 | | Applicants who have successfully completed a test of | 11 | | content, as identified by rules, at the time of initial | 12 | | licensure in another state or country shall not be | 13 | | required to complete a test of content. | 14 | | (4) Have completed coursework aligned to standards | 15 | | concerning methods of instruction of the exceptional | 16 | | child, methods of reading and reading in the content area, | 17 | | and instructional strategies for English learners. | 18 | | (b-10) All applicants who have not been entitled by an | 19 | | Illinois-approved educator preparation program at an Illinois | 20 | | institution of higher education applying for a Professional | 21 | | Educator License endorsed for chief school business official | 22 | | must hold a master's degree from a regionally accredited | 23 | | institution of higher education and must hold a comparable and | 24 | | valid educator license or certificate with similar grade level | 25 | | and subject matter credentials, with the State Board of | 26 | | Education having the authority to determine what constitutes |
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| 1 | | similar grade level and subject matter credentials from | 2 | | another state, or must meet all of the following requirements: | 3 | | (1) Have completed a master's degree in school | 4 | | business management, finance, or accounting. | 5 | | (2) Have successfully completed an internship in | 6 | | school business management or have 2 years of experience | 7 | | as a school business administrator. | 8 | | (3) Have successfully met all State examination | 9 | | requirements, as required by Section 21B-30 of this Code. | 10 | | Applicants who have successfully completed a test of | 11 | | content, as identified by rules, at the time of initial | 12 | | licensure in another state or country shall not be | 13 | | required to complete a test of content. | 14 | | (4) Have completed modules aligned to standards | 15 | | concerning methods of instruction of the exceptional | 16 | | child, methods of reading and reading in the content area, | 17 | | and instructional strategies for English learners. | 18 | | (c) The State Board of Education, in consultation with the | 19 | | State Educator Preparation and Licensure Board, may adopt such | 20 | | rules as may be necessary to implement this Section.
| 21 | | (Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18; | 22 | | 100-596, eff. 7-1-18; 101-220, eff. 8-7-19; 101-643, eff. | 23 | | 6-18-20.) | 24 | | (105 ILCS 5/26-19) | 25 | | Sec. 26-19. Chronic absenteeism in preschool children. |
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| 1 | | (a) In this Section, "chronic absence" has the meaning | 2 | | ascribed to that term in Section 26-18 of this Code. | 3 | | (b) The General Assembly makes all of the following | 4 | | findings: | 5 | | (1) The early years are an extremely important period | 6 | | in a child's learning and development. | 7 | | (2) Missed learning opportunities in the early years | 8 | | make it difficult for a child to enter kindergarten ready | 9 | | for success. | 10 | | (3) Attendance patterns in the early years serve as | 11 | | predictors of chronic absenteeism and reduced educational | 12 | | outcomes in later school years. Therefore, it is crucial | 13 | | that the implications of chronic absence be understood and | 14 | | reviewed regularly under the Preschool for All Program and | 15 | | Preschool for All Expansion Program in all publicly funded | 16 | | early childhood programs receiving State funds under | 17 | | Section 2-3.71 of this Code. | 18 | | (c) The Preschool for All Program and Preschool for All | 19 | | Expansion Program Beginning July 1, 2019, any publicly funded | 20 | | early childhood program receiving State funds under Section | 21 | | 2-3.71 of this Code shall collect and review its chronic | 22 | | absence data and determine what support and resources are | 23 | | needed to positively engage chronically absent students and | 24 | | their families to encourage the habit of daily attendance and | 25 | | promote success. | 26 | | (d) The Preschool for All Program and Preschool for All |
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| 1 | | Expansion Program Publicly funded early childhood programs | 2 | | receiving State funds under Section 2-3.71 of this Code are | 3 | | encouraged to do all of the following: | 4 | | (1) Provide support to students who are at risk of | 5 | | reaching or exceeding chronic absence levels. | 6 | | (2) Make resources available to families, such as | 7 | | those available through the State Board of Education's | 8 | | Family Engagement Framework, to support and encourage | 9 | | families to ensure their children's daily program | 10 | | attendance. | 11 | | (3) Include information about chronic absenteeism as | 12 | | part of their preschool to kindergarten transition | 13 | | resources. | 14 | | (e) On or before July 1, 2020, and annually thereafter, | 15 | | the Preschool for All Program and Preschool for All Expansion | 16 | | Program an early childhood program shall report all data | 17 | | collected under subsection (c) of this Section to the State | 18 | | Board of Education, which shall make the report publicly | 19 | | available via the Illinois Early Childhood Asset Map Internet | 20 | | website and the Preschool for All Program or Preschool for All | 21 | | Expansion Program triennial report.
| 22 | | (Source: P.A. 100-819, eff. 7-1-19 .) | 23 | | (105 ILCS 5/27-6.5) | 24 | | Sec. 27-6.5. Physical fitness assessments in schools. | 25 | | (a) As used in this Section, "physical fitness assessment" |
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| 1 | | means a series of assessments to measure aerobic capacity, | 2 | | body composition, muscular strength, muscular endurance, and | 3 | | flexibility. | 4 | | (b) To measure the effectiveness of State Goal 20 of the | 5 | | Illinois Learning Standards for Physical Development and | 6 | | Health, beginning with the 2016-2017 school year and every | 7 | | school year thereafter, the State Board of Education shall | 8 | | require all public schools to use a scientifically-based, | 9 | | health-related physical fitness assessment for grades 3 | 10 | | through 12 and periodically report fitness information to the | 11 | | State Board of Education, as set forth in subsections (c) and | 12 | | (e) of this Section, to assess student fitness indicators. | 13 | | Public schools shall integrate health-related fitness | 14 | | testing into the curriculum as an instructional tool, except | 15 | | in grades before the 3rd grade. Fitness tests must be | 16 | | appropriate to students' developmental levels and physical | 17 | | abilities. The testing must be used to teach students how to | 18 | | assess their fitness levels, set goals for improvement, and | 19 | | monitor progress in reaching their goals. Fitness scores shall | 20 | | not be used for grading students or evaluating teachers. | 21 | | (c) (Blank). On or before October 1, 2014, the State | 22 | | Superintendent of Education shall appoint a 15-member | 23 | | stakeholder and expert task force, including members | 24 | | representing organizations that represent physical education | 25 | | teachers, school officials, principals, health promotion and | 26 | | disease prevention advocates and experts, school health |
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| 1 | | advocates and experts, and other experts with operational and | 2 | | academic expertise in the measurement of fitness. The task | 3 | | force shall make recommendations to the State Board of | 4 | | Education on the following: | 5 | | (1) methods for ensuring the validity and uniformity | 6 | | of reported physical fitness assessment scores, including | 7 | | assessment administration protocols and professional | 8 | | development approaches for physical education teachers; | 9 | | (2) how often physical fitness assessment scores | 10 | | should be reported to the State Board of Education; | 11 | | (3) the grade levels within elementary, middle, and | 12 | | high school categories for which physical fitness | 13 | | assessment scores should be reported to the State Board of | 14 | | Education; | 15 | | (4) the minimum fitness indicators that should be | 16 | | reported to the State Board of Education, including, but | 17 | | not limited to, a score for aerobic capacity (for grades 4 | 18 | | through 12); muscular strength; endurance; and | 19 | | flexibility; | 20 | | (5) the demographic information that should accompany | 21 | | the scores, including, but not limited to, grade and | 22 | | gender; | 23 | | (6) the development of protocols regarding the | 24 | | protection of students' confidentiality and individual | 25 | | information and identifiers; and | 26 | | (7) how physical fitness assessment data should be
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| 1 | | reported by the State Board of Education to the public, | 2 | | including potential correlations
with student academic | 3 | | achievement, attendance, and
discipline data and other | 4 | | recommended uses of the reported data. | 5 | | The State Board of Education shall provide administrative | 6 | | and other support to the task force. | 7 | | The task force shall submit its recommendations on | 8 | | physical fitness assessments on or before April 1, 2015. The | 9 | | task force may also recommend methods for assessing student | 10 | | progress on State Goals 19 and 21 through 24 of the Illinois | 11 | | Learning Standards for Physical Development and Health. The | 12 | | task force is dissolved on April 30, 2015. | 13 | | The provisions of this subsection (c), other than this | 14 | | sentence, are inoperative after March 31, 2016. | 15 | | (d) The State Board of Education must On or before | 16 | | December 31, 2015, the State Board of Education shall use the | 17 | | recommendations of the task force under subsection (c) of this | 18 | | Section to adopt rules for the implementation of physical | 19 | | fitness assessments under this Section by each public school | 20 | | for the 2016-2017 school year and every school year | 21 | | thereafter . The requirements of this Section do not apply if | 22 | | the Governor has declared a disaster due to a public health | 23 | | emergency pursuant to Section 7 of the Illinois Emergency | 24 | | Management Agency Act. | 25 | | (e) The On or before September 1, 2016, the State Board of | 26 | | Education shall adopt rules for data submission by school |
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| 1 | | districts and develop a system for collecting and reporting | 2 | | the aggregated fitness information from the physical fitness | 3 | | assessments. This system shall also support the collection of | 4 | | data from school districts that use a fitness testing software | 5 | | program. | 6 | | (f) School districts may report the aggregate findings of | 7 | | physical fitness assessments by grade level and school to | 8 | | parents and members of the community through typical | 9 | | communication channels, such as Internet websites, school | 10 | | newsletters, school board reports, and presentations. | 11 | | Districts may also provide individual fitness assessment | 12 | | reports to students' parents. | 13 | | (g) Nothing in this Section precludes schools from | 14 | | implementing a physical fitness assessment before the | 15 | | 2016-2017 school year or from implementing more robust forms | 16 | | of a physical fitness assessment.
| 17 | | (Source: P.A. 101-643, eff. 6-18-20.) | 18 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | 19 | | Sec. 29-5. Reimbursement by State for transportation. Any | 20 | | school
district, maintaining a school, transporting resident | 21 | | pupils to another
school district's vocational program, | 22 | | offered through a joint agreement
approved by the State Board | 23 | | of Education, as provided in Section
10-22.22 or transporting | 24 | | its resident pupils to a school which meets the
standards for | 25 | | recognition as established by the State Board of Education
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| 1 | | which provides transportation meeting the standards of safety, | 2 | | comfort,
convenience, efficiency and operation prescribed by | 3 | | the State Board of
Education for resident pupils in | 4 | | kindergarten or any of grades 1 through
12 who: (a) reside at | 5 | | least 1 1/2 miles as measured by the customary route of
travel, | 6 | | from the school attended; or (b) reside in areas where | 7 | | conditions are
such that walking constitutes a hazard to the | 8 | | safety of the child when
determined under Section 29-3; and | 9 | | (c) are transported to the school attended
from pick-up points | 10 | | at the beginning of the school day and back again at the
close | 11 | | of the school day or transported to and from their assigned | 12 | | attendance
centers during the school day, shall be reimbursed | 13 | | by the State as hereinafter
provided in this Section.
| 14 | | The State will pay the prorated allowable cost of | 15 | | transporting eligible pupils less the real equalized assessed | 16 | | valuation as computed under paragraph (3) of subsection (d) of | 17 | | Section 18-8.15 prior year
assessed valuation in a dual school | 18 | | district maintaining secondary
grades 9 to 12 inclusive times | 19 | | a qualifying rate of .05%; in elementary
school districts | 20 | | maintaining grades K to 8 times a qualifying rate of
.06%; and | 21 | | in unit districts maintaining grades K to 12, including | 22 | | partial elementary unit districts formed pursuant to Article | 23 | | 11E optional elementary unit districts and combined high | 24 | | school - unit districts , times a qualifying
rate of .07% ; | 25 | | provided that for optional elementary unit districts and | 26 | | combined high school - unit districts, prior year assessed |
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| 1 | | valuation for high school purposes, as defined in Article 11E | 2 | | of this Code, must be used . To be eligible to receive | 3 | | reimbursement in excess of 4/5
of the cost to transport | 4 | | eligible pupils, a school district or partial elementary unit | 5 | | district formed pursuant to Article 11E shall have a
| 6 | | Transportation Fund tax rate of at least .12%. The | 7 | | Transportation Fund tax rate for a partial elementary unit | 8 | | district formed pursuant Article 11E shall be the combined | 9 | | elementary and high school rates pursuant to paragraph (4) of | 10 | | subsection (a) of Section 18-8.15. If a school district or | 11 | | partial elementary unit district formed pursuant to Article | 12 | | 11E
does not have a .12% Transportation Fund tax rate, the | 13 | | amount of its
claim in excess of 4/5 of the cost of | 14 | | transporting pupils shall be
reduced by the sum arrived at by | 15 | | subtracting the Transportation Fund tax
rate from .12% and | 16 | | multiplying that amount by the district's real equalized | 17 | | assessed valuation as computed under paragraph (3) of | 18 | | subsection (d) of Section 18-8.15 prior year equalized or
| 19 | | assessed valuation , provided , that in no case shall said | 20 | | reduction
result in reimbursement of less than 4/5 of the cost | 21 | | to transport
eligible pupils.
| 22 | | The minimum amount to be received by a district is $16 | 23 | | times the
number of eligible pupils transported.
| 24 | | When calculating the reimbursement for transportation | 25 | | costs, the State Board of Education may not deduct the number | 26 | | of pupils enrolled in early education programs from the number |
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| 1 | | of pupils eligible for reimbursement if the pupils enrolled in | 2 | | the early education programs are transported at the same time | 3 | | as other eligible pupils.
| 4 | | Any such district transporting resident pupils during the | 5 | | school day
to an area vocational school or another school | 6 | | district's vocational
program more than 1 1/2 miles from the | 7 | | school attended, as provided in
Sections 10-22.20a and | 8 | | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | 9 | | of transporting eligible pupils.
| 10 | | School day means that period of time during which the | 11 | | pupil is required to be
in attendance for instructional | 12 | | purposes.
| 13 | | If a pupil is at a location within the school district | 14 | | other than his
residence for child care purposes at the time | 15 | | for transportation to school,
that location may be considered | 16 | | for purposes of determining the 1 1/2 miles
from the school | 17 | | attended.
| 18 | | Claims for reimbursement that include children who attend | 19 | | any school
other than a public school shall show the number of | 20 | | such children
transported.
| 21 | | Claims for reimbursement under this Section shall not be | 22 | | paid for the
transportation of pupils for whom transportation | 23 | | costs are claimed for
payment under other Sections of this | 24 | | Act.
| 25 | | The allowable direct cost of transporting pupils for | 26 | | regular, vocational,
and special education pupil |
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| 1 | | transportation shall be limited to the sum of
the cost of | 2 | | physical examinations required for employment as a school bus
| 3 | | driver; the salaries of full-time or part-time drivers and | 4 | | school bus maintenance
personnel; employee benefits excluding | 5 | | Illinois municipal retirement
payments, social security | 6 | | payments, unemployment insurance payments and
workers' | 7 | | compensation insurance premiums; expenditures to independent
| 8 | | carriers who operate school buses; payments to other school | 9 | | districts for
pupil transportation services; pre-approved | 10 | | contractual expenditures for
computerized bus scheduling; | 11 | | expenditures for housing assistance and homeless prevention | 12 | | under Sections 1-17 and 1-18 of the Education for Homeless | 13 | | Children Act that are not in excess of the school district's | 14 | | actual costs for providing transportation services and are not | 15 | | otherwise claimed in another State or federal grant that | 16 | | permits those costs to a parent, a legal guardian, any other | 17 | | person who enrolled a pupil, or a homeless assistance agency | 18 | | that is part of the federal McKinney-Vento Homeless Assistance | 19 | | Act's continuum of care for the area in which the district is | 20 | | located; the cost of gasoline, oil, tires, and other
supplies | 21 | | necessary for the operation of school buses; the cost of
| 22 | | converting buses' gasoline engines to more fuel efficient | 23 | | engines or to
engines which use alternative energy sources; | 24 | | the cost of travel to
meetings and workshops conducted by the | 25 | | regional superintendent or the
State Superintendent of | 26 | | Education pursuant to the standards established by
the |
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| 1 | | Secretary of State under Section 6-106 of the Illinois Vehicle | 2 | | Code to improve the driving skills of
school bus drivers; the | 3 | | cost of maintenance of school buses including parts
and | 4 | | materials used; expenditures for leasing transportation | 5 | | vehicles,
except interest and service charges; the cost of | 6 | | insurance and licenses for
transportation vehicles; | 7 | | expenditures for the rental of transportation
equipment; plus | 8 | | a depreciation allowance of 20% for 5 years for school
buses | 9 | | and vehicles approved for transporting pupils to and from | 10 | | school and
a depreciation allowance of 10% for 10 years for | 11 | | other transportation
equipment so used.
Each school year, if a | 12 | | school district has made expenditures to the
Regional | 13 | | Transportation Authority or any of its service boards, a mass
| 14 | | transit district, or an urban transportation district under an
| 15 | | intergovernmental agreement with the district to provide for | 16 | | the
transportation of pupils and if the public transit carrier | 17 | | received direct
payment for services or passes from a school | 18 | | district within its service
area during the 2000-2001 school | 19 | | year, then the allowable direct cost of
transporting pupils | 20 | | for regular, vocational, and special education pupil
| 21 | | transportation shall also include the expenditures that the | 22 | | district has
made to the public transit carrier.
In addition | 23 | | to the above allowable costs school
districts shall also claim | 24 | | all transportation supervisory salary costs,
including | 25 | | Illinois municipal retirement payments, and all transportation
| 26 | | related building and building maintenance costs without |
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| 1 | | limitation.
| 2 | | Special education allowable costs shall also include | 3 | | expenditures for the
salaries of attendants or aides for that | 4 | | portion of the time they assist
special education pupils while | 5 | | in transit and expenditures for parents and
public carriers | 6 | | for transporting special education pupils when pre-approved
by | 7 | | the State Superintendent of Education.
| 8 | | Indirect costs shall be included in the reimbursement | 9 | | claim for districts
which own and operate their own school | 10 | | buses. Such indirect costs shall
include administrative costs, | 11 | | or any costs attributable to transporting
pupils from their | 12 | | attendance centers to another school building for
| 13 | | instructional purposes. No school district which owns and | 14 | | operates its own
school buses may claim reimbursement for | 15 | | indirect costs which exceed 5% of
the total allowable direct | 16 | | costs for pupil transportation.
| 17 | | The State Board of Education shall prescribe uniform | 18 | | regulations for
determining the above standards and shall | 19 | | prescribe forms of cost
accounting and standards of | 20 | | determining reasonable depreciation. Such
depreciation shall | 21 | | include the cost of equipping school buses with the
safety | 22 | | features required by law or by the rules, regulations and | 23 | | standards
promulgated by the State Board of Education, and the | 24 | | Department of
Transportation for the safety and construction | 25 | | of school buses provided,
however, any equipment cost | 26 | | reimbursed by the Department of Transportation
for equipping |
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| 1 | | school buses with such safety equipment shall be deducted
from | 2 | | the allowable cost in the computation of reimbursement under | 3 | | this
Section in the same percentage as the cost of the | 4 | | equipment is depreciated.
| 5 | | On or before August 15, annually, the chief school | 6 | | administrator for
the district shall certify to the State | 7 | | Superintendent of Education the
district's claim for | 8 | | reimbursement for the school year ending on June 30
next | 9 | | preceding. The State Superintendent of Education shall check | 10 | | and
approve the claims and prepare the vouchers showing the | 11 | | amounts due for
district reimbursement claims. Each fiscal | 12 | | year, the State
Superintendent of Education shall prepare and | 13 | | transmit the first 3
vouchers to the Comptroller on the 30th | 14 | | day of September, December and
March, respectively, and the | 15 | | final voucher, no later than June 20.
| 16 | | If the amount appropriated for transportation | 17 | | reimbursement is insufficient
to fund total claims for any | 18 | | fiscal year, the State Board of Education shall
reduce each | 19 | | school district's allowable costs and flat grant amount
| 20 | | proportionately to make total adjusted claims equal the total | 21 | | amount
appropriated.
| 22 | | For purposes of calculating claims for reimbursement under | 23 | | this Section for any school year beginning July 1, 2016, the | 24 | | equalized assessed valuation for a school district or partial | 25 | | elementary unit district formed pursuant to Article 11E used | 26 | | to compute reimbursement shall be the real equalized assessed |
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| 1 | | valuation as computed under paragraph (3) of subsection (d) of | 2 | | Section 18-8.15. For purposes of calculating claims for | 3 | | reimbursement under this Section
for any school year beginning | 4 | | July 1, 1998, or thereafter, the
equalized
assessed valuation | 5 | | for a school district used to compute reimbursement
shall be | 6 | | computed in the same manner as it is computed under paragraph | 7 | | (2) of
subsection (G) of Section 18-8.05.
| 8 | | All reimbursements received from the State shall be | 9 | | deposited into the
district's transportation fund or into the | 10 | | fund from which the allowable
expenditures were made.
| 11 | | Notwithstanding any other provision of law, any school | 12 | | district receiving
a payment under this Section or under | 13 | | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | 14 | | classify all or a portion of the funds that it
receives in a | 15 | | particular fiscal year or from general State aid pursuant to
| 16 | | Section 18-8.15 18-8.05 of this Code
as funds received in | 17 | | connection with any funding program for which it is
entitled | 18 | | to receive funds from the State in that fiscal year | 19 | | (including,
without limitation, any funding program referenced | 20 | | in this Section),
regardless of the source or timing of the | 21 | | receipt. The district may not
classify more funds as funds | 22 | | received in connection with the funding
program than the | 23 | | district is entitled to receive in that fiscal year for that
| 24 | | program. Any
classification by a district must be made by a | 25 | | resolution of its board of
education. The resolution must | 26 | | identify the amount of any payments or
general State aid to be |
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| 1 | | classified under this paragraph and must specify
the funding | 2 | | program to which the funds are to be treated as received in
| 3 | | connection therewith. This resolution is controlling as to the
| 4 | | classification of funds referenced therein. A certified copy | 5 | | of the
resolution must be sent to the State Superintendent of | 6 | | Education.
The resolution shall still take effect even though | 7 | | a copy of the resolution has
not been sent to the State
| 8 | | Superintendent of Education in a timely manner.
No
| 9 | | classification under this paragraph by a district shall affect | 10 | | the total amount
or timing of money the district is entitled to | 11 | | receive under this Code.
No classification under this | 12 | | paragraph by a district shall
in any way relieve the district | 13 | | from or affect any
requirements that otherwise would apply | 14 | | with respect to
that funding program, including any
accounting | 15 | | of funds by source, reporting expenditures by
original source | 16 | | and purpose,
reporting requirements,
or requirements of | 17 | | providing services.
| 18 | | Any school district with a population of not more than | 19 | | 500,000
must deposit all funds received under this Article | 20 | | into the transportation
fund and use those funds for the | 21 | | provision of transportation services.
| 22 | | (Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17; | 23 | | 100-863, eff. 8-14-18.)
| 24 | | (105 ILCS 5/34-18.43) | 25 | | Sec. 34-18.43. Establishing an equitable and effective |
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| 1 | | school facility development process. | 2 | | (a) The General Assembly finds all of the following: | 3 | | (1) The Illinois Constitution recognizes that a | 4 | | "fundamental goal of the People of the State is the | 5 | | educational development of all persons to the limits of | 6 | | their capacities". | 7 | | (2) Quality educational facilities are essential for | 8 | | fostering the maximum educational development of all | 9 | | persons through their educational experience from | 10 | | pre-kindergarten through high school. | 11 | | (3) The public school is a major institution in our | 12 | | communities. Public schools offer resources and | 13 | | opportunities for the children of this State who seek and | 14 | | deserve quality education, but also benefit the entire | 15 | | community that seeks improvement through access to | 16 | | education. | 17 | | (4) The equitable and efficient use of available | 18 | | facilities-related resources among different schools and | 19 | | among racial, ethnic, income, and disability groups is | 20 | | essential to maximize the development of quality public | 21 | | educational facilities for all children, youth, and | 22 | | adults. The factors that impact the equitable and | 23 | | efficient use of facility-related resources vary according | 24 | | to the needs of each school community. Therefore, | 25 | | decisions that impact school facilities should include the | 26 | | input of the school community to the greatest extent |
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| 1 | | possible. | 2 | | (5) School openings, school closings, school | 3 | | consolidations, school turnarounds, school phase-outs, | 4 | | school construction, school repairs, school | 5 | | modernizations, school boundary changes, and other related | 6 | | school facility decisions often have a profound impact on | 7 | | education in a community. In order to minimize the | 8 | | negative impact of school facility decisions on the | 9 | | community, these decisions should be implemented according | 10 | | to a clear system-wide criteria and with the significant | 11 | | involvement of local school councils, parents, educators, | 12 | | and the community in decision-making. | 13 | | (6) The General Assembly has previously stated that it | 14 | | intended to make the individual school in the City of | 15 | | Chicago the essential unit for educational governance and | 16 | | improvement and to place the primary responsibility for | 17 | | school governance and improvement in the hands of parents, | 18 | | teachers, and community residents at each school. A school | 19 | | facility policy must be consistent with these principles. | 20 | | (b) In order to ensure that school facility-related | 21 | | decisions are made with the input of the community and reflect | 22 | | educationally sound and fiscally responsible criteria, a | 23 | | Chicago Educational Facilities Task Force shall be established | 24 | | within 15 days after the effective date of this amendatory Act | 25 | | of the 96th General Assembly. | 26 | | (c) The Chicago Educational Facilities Task Force shall |
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| 1 | | consist of all of the following members: | 2 | | (1) Two members of the House of Representatives | 3 | | appointed by the Speaker of the House, at least one of whom | 4 | | shall be a member of the Elementary & Secondary Education | 5 | | Committee. | 6 | | (2) Two members of the House of Representatives | 7 | | appointed by the Minority Leader of the House, at least | 8 | | one of whom shall be a member of the Elementary & Secondary | 9 | | Education Committee. | 10 | | (3) Two members of the Senate appointed by the | 11 | | President of the Senate, at least one of whom shall be a | 12 | | member of the Education Committee. | 13 | | (4) Two members of the Senate appointed by the | 14 | | Minority Leader of the Senate, at least one of whom shall | 15 | | be a member of the
Education Committee. | 16 | | (5) Two representatives of school community | 17 | | organizations with past involvement in school facility | 18 | | issues appointed by the Speaker of the House. | 19 | | (6) Two representatives of school community | 20 | | organizations with past involvement in school facility | 21 | | issues appointed by the President of the Senate. | 22 | | (7) The chief executive officer of the school district | 23 | | or his or her designee. | 24 | | (8) The president of the union representing teachers | 25 | | in the schools of the district or his or her designee. | 26 | | (9) The president of the association representing |
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| 1 | | principals in the schools of the district or his or her | 2 | | designee. | 3 | | (d) The Speaker of the House shall appoint one of the | 4 | | appointed House members as a co-chairperson of the Chicago | 5 | | Educational Facilities Task Force. The President of the Senate | 6 | | shall appoint one of the appointed Senate members as a | 7 | | co-chairperson of the Chicago Educational Facilities Task | 8 | | Force. Members appointed by the legislative leaders shall be | 9 | | appointed for the duration of the Chicago Educational | 10 | | Facilities Task Force; in the event of a vacancy, the | 11 | | appointment to fill the vacancy shall be made by the | 12 | | legislative leader of the same chamber and party as the leader | 13 | | who made the original appointment. | 14 | | (e) The Chicago Educational Facilities Task Force shall | 15 | | call on independent experts, as needed, to gather and analyze | 16 | | pertinent information on a pro bono basis, provided that these | 17 | | experts have no previous or on-going financial interest in | 18 | | school facility issues related to the school district. The | 19 | | Chicago Educational Facilities Task Force shall secure pro | 20 | | bono expert assistance within 15 days after the establishment | 21 | | of the Chicago Educational Facilities Task Force. | 22 | | (f) The Chicago Educational Facilities Task Force shall be | 23 | | empowered to gather further evidence in the form of testimony | 24 | | or documents or other materials. | 25 | | (g) The Chicago Educational Facilities Task Force, with | 26 | | the help of the independent experts, shall analyze past |
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| 1 | | Chicago experiences and data with respect to school openings, | 2 | | school closings, school consolidations, school turnarounds, | 3 | | school phase-outs, school construction, school repairs, school | 4 | | modernizations, school boundary changes, and other related | 5 | | school facility decisions on students. The Chicago Educational | 6 | | Facilities Task Force shall consult widely with stakeholders, | 7 | | including public officials, about these facility issues and | 8 | | their related costs and shall examine relevant best practices | 9 | | from other school systems for dealing with these issues | 10 | | systematically and equitably. These initial investigations | 11 | | shall include opportunities for input from local stakeholders | 12 | | through hearings, focus groups, and interviews. | 13 | | (h) The Chicago Educational Facilities Task Force shall | 14 | | prepare recommendations describing how the issues set forth in | 15 | | subsection (g) of this Section can be addressed effectively | 16 | | based upon educationally sound and fiscally responsible | 17 | | practices. | 18 | | (i) The Chicago Educational Facilities Task Force shall | 19 | | hold hearings in separate areas of the school district at | 20 | | times that shall maximize school community participation to | 21 | | obtain comments on draft recommendations. The final hearing | 22 | | shall take place no later than 15 days prior to the completion | 23 | | of the final recommendations. | 24 | | (j) The Chicago Educational Facilities Task Force shall | 25 | | prepare final proposed policy and legislative recommendations | 26 | | for the General Assembly, the Governor, and the school |
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| 1 | | district. The recommendations may address issues, standards, | 2 | | and procedures set forth in this Section. The final | 3 | | recommendations shall be made available to the public through | 4 | | posting on the school district's Internet website and other | 5 | | forms of publication and distribution in the school district | 6 | | at least 7 days before the recommendations are submitted to | 7 | | the General Assembly, the Governor, and the school district. | 8 | | (k) The recommendations may address issues of system-wide | 9 | | criteria for ensuring clear priorities, equity, and | 10 | | efficiency. | 11 | | Without limitation, the final recommendations may propose | 12 | | significant decision-making roles for key stakeholders, | 13 | | including the individual school and community; recommend clear | 14 | | criteria or processes for establishing criteria for making | 15 | | school facility decisions; and include clear criteria for | 16 | | setting priorities with respect to school openings, school | 17 | | closings, school consolidations, school turnarounds, school | 18 | | phase-outs, school construction, school repairs, school | 19 | | modernizations, school boundary changes, and other related | 20 | | school facility decisions, including the encouragement of | 21 | | multiple community uses for school space. | 22 | | Without limitation, the recommendations may propose | 23 | | criteria for student mobility; the transferring of students to | 24 | | lower performing schools; teacher mobility; insufficient | 25 | | notice to and the lack of inclusion in decision-making of | 26 | | local school councils, parents, and community members about |
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| 1 | | school facility decisions; and costly facilities-related | 2 | | expenditures due to poor educational and facilities planning. | 3 | | (l) The State Board of Education and the school district | 4 | | shall provide administrative support to the Chicago | 5 | | Educational Facilities Task Force.
| 6 | | (m) After recommendations have been issued, the Chicago | 7 | | Educational Facilities Task Force shall meet at least once | 8 | | annually, upon the call of the chairs, for the purpose of | 9 | | reviewing Chicago public schools' compliance with the | 10 | | provisions of Sections 34-200 through 34-235 of this Code | 11 | | concerning school action and facility master planning. The | 12 | | Task Force shall prepare a report to the General Assembly, the | 13 | | Governor's Office, the Mayor of the City of Chicago, and the | 14 | | Chicago Board of Education indicating how the district has met | 15 | | the requirements of the provisions of Sections 34-200 through | 16 | | 34-235 of this Code concerning school action and facility | 17 | | master planning. | 18 | | (Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11; | 19 | | 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
| 20 | | (105 ILCS 5/2-3.11 rep.) | 21 | | Section 15. The School Code is amended by repealing | 22 | | Section 2-3.11. | 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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