Illinois General Assembly - Full Text of HB5588
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Full Text of HB5588  100th General Assembly

HB5588eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative intent. It is the intent of the
5General Assembly that State assessments be rooted in classroom
6content and best practices and be used as an opportunity to
7demonstrate learning and feedback. It is also the intent of the
8General Assembly that assessments used for accountability
9should support learning opportunities that inform instruction.
 
10    Section 5. The School Code is amended by changing Sections
112-3.25a, 2-3.25n, 2-3.52A, 2-3.61a, 2-3.64a-5, 2-3.136,
122-3.153, 10-21.3a, 10-29, 34-1.1, 34-3.5, and 34-18.24 as
13follows:
 
14    (105 ILCS 5/2-3.25a)  (from Ch. 122, par. 2-3.25a)
15    Sec. 2-3.25a. "School district" defined; additional
16standards.
17    (a) For the purposes of State accountability in this
18Section and Sections 3.25b, 3.25c, 3.25d, 3.25e, and 3.25f of
19this Code, "school district" includes other public entities
20responsible for administering public schools, such as
21cooperatives, joint agreements, charter schools, special
22charter districts, regional offices of education, local

 

 

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1agencies, and the Department of Human Services.
2    (b) In addition to the standards established pursuant to
3Section 2-3.25, the State Board of Education shall develop
4recognition standards for student performance and school
5improvement for all school districts and their individual
6schools, which must be an outcomes-based, balanced
7accountability measure. The State Board of Education is
8prohibited from having separate performance standards for
9students based on race or ethnicity.
10    The accountability measure shall be outlined in the State
11Plan that the State Board of Education submits to the federal
12Department of Education pursuant to the federal Every Student
13Succeeds Act. If the federal Every Student Succeeds Act ceases
14to require a State Plan, the State Board of Education shall
15develop a written plan in consultation with the Balanced
16Accountability Committee created under subsection (b-5) of
17this Section.
18    Subject to the availability of federal, State, public, or
19private funds, the balanced accountability measure must be
20designed to focus on 2 components, student performance and
21professional practice. The student performance component shall
22count for 30% of the total balanced accountability measure, and
23the professional practice component shall count for 70% of the
24total balanced accountability measure. The student performance
25component shall focus on student outcomes and closing the
26achievement gaps within each school district and its individual

 

 

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1schools using a Multiple Measure Index and Annual Measurable
2Objectives, as set forth in Section 2-3.25d of this Code. The
3professional practice component shall focus on the degree to
4which a school district, as well as its individual schools, is
5implementing evidence-based, best professional practices and
6exhibiting continued improvement. Beginning with the 2015-2016
7school year, the balanced accountability measure shall consist
8of only the student performance component, which shall account
9for 100% of the total balanced accountability measure. From the
102017-2018 school year through the 2022-2023 school year, the
11State Board of Education and a Balanced Accountability Measure
12Committee shall identify a number of school districts per the
13designated school years to begin implementing the balanced
14accountability measure, which includes both the student
15performance and professional practice components. By the
162022-2023 school year, all school districts must be
17implementing the balanced accountability measure, which
18includes both components.
19    (b-5) The Balanced Accountability Measure Committee is
20created and shall consist of the following individuals: a
21representative of a statewide association representing
22regional superintendents of schools, a representative of a
23statewide association representing principals, a
24representative of an association representing principals in a
25city having a population exceeding 500,000, a representative of
26a statewide association representing school administrators, a

 

 

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1representative of a statewide professional teachers'
2organization, a representative of a different statewide
3professional teachers' organization, an additional
4representative from either statewide professional teachers'
5organization, a representative of a professional teachers'
6organization in a city having a population exceeding 500,000, a
7representative of a statewide association representing school
8boards, and a representative of a school district organized
9under Article 34 of this Code. The head of each association or
10entity listed in this paragraph shall appoint its respective
11representative. The State Superintendent of Education, in
12consultation with the Committee, may appoint no more than 2
13additional individuals to the Committee, which individuals
14shall serve in an advisory role and must not have voting or
15other decision-making rights. The Committee is abolished on
16June 1, 2023.
17    The Balanced Accountability Measure Committee shall meet
18no less than 4 times per year to discuss the accountability
19standards set forth in the State Plan pursuant to the federal
20Every Student Succeeds Act and to provide stakeholder feedback
21and recommendations to the State Board of Education with regard
22to the State Plan, which the State Board shall take into
23consideration. Upon completion of the 2019-2020 school year,
24the Balanced Accountability Measure Committee shall assess the
25implementation of the State Plan and, if necessary, make
26recommendations to the State Board for any changes. The

 

 

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1Committee shall consider accountability recommendations made
2by the Illinois P-20 Council established under Section 22-45 of
3this Code, the Illinois Early Learning Council created under
4the Illinois Early Learning Council Act, and any other
5stakeholder group established by the State Board in relation to
6the federal Every Student Succeeds Act. The State Board shall
7provide to the Committee an annual report with data and other
8information about the Committee collected from entities
9identified by the State Board as lead partners, including, but
10not limited to, data and information on the Committee's
11effectiveness, geographic distribution, and cost to serve as
12part of a comprehensive statewide system of support.
13    Using a Multiple Measure Index consistent with subsection
14(a) of Section 2-3.25d of this Code, the student performance
15component shall consist of the following subcategories, each of
16which must be valued at 10%:
17        (1) achievement status;
18        (2) achievement growth; and
19        (3) Annual Measurable Objectives, as set forth in
20    subsection (b) of Section 2-3.25d of this Code.
21Achievement status shall measure and assess college and career
22readiness, as well as the graduation rate. Achievement growth
23shall measure the school district's and its individual schools'
24student growth via this State's growth value tables. Annual
25Measurable Objectives shall measure the degree to which school
26districts, as well as their individual schools, are closing

 

 

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1their achievement gaps among their student population and
2subgroups.
3    The professional practice component shall consist of the
4following subcategories:
5        (A) compliance;
6        (B) evidence-based best practices; and
7        (C) contextual improvement.
8Compliance, which shall count for 10%, shall measure the degree
9to which a school district and its individual schools meet the
10current State compliance requirements. Evidence-based best
11practices, which shall count for 30%, shall measure the degree
12to which school districts and their individual schools are
13adhering to a set of evidence-based quality standards and best
14practice for effective schools that include (i) continuous
15improvement, (ii) culture and climate, (iii) shared
16leadership, (iv) governance, (v) education and employee
17quality, (vi) family and community connections, and (vii)
18student and learning development and are further developed in
19consultation with the State Board of Education and the Balanced
20Accountability Measure Committee set forth in this subsection
21(b). Contextual improvement, which shall count for 30%, shall
22provide school districts and their individual schools the
23opportunity to demonstrate improved outcomes through local
24data, including without limitation school climate, unique
25characteristics, and barriers that impact the educational
26environment and hinder the development and implementation of

 

 

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1action plans to address areas of school district and individual
2school improvement. Each school district, in good faith
3cooperation with its teachers or, where applicable, the
4exclusive bargaining representatives of its teachers, shall
5develop 2 measurable objectives to demonstrate contextual
6improvement, each of which must be equally weighted. Each
7school district shall begin such good faith cooperative
8development of these objectives no later than 6 months prior to
9the beginning of the school year in which the school district
10is to implement the professional practice component of the
11balanced accountability measure. The professional practice
12component must be scored using trained peer review teams that
13observe and verify school district practices using an
14evidence-based framework.
15    The balanced accountability measure shall combine the
16student performance and professional practice components into
17one summative score based on 100 points at the school district
18and individual-school level. A school district shall be
19designated as "Exceeds Standards - Exemplar" if the overall
20score is 100 to 90, "Meets Standards - Proficient" if the
21overall score is 89 to 75, "Approaching Standards - Needs
22Improvement" if the overall score is 74 to 60, and "Below
23Standards - Unsatisfactory" if the overall score is 59 to 0.
24The balanced accountability measure shall also detail both
25incentives that reward school districts for continued improved
26performance, as provided in Section 2-3.25c of this Code, and

 

 

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1consequences for school districts that fail to provide evidence
2of continued improved performance, which may include
3presentation of a barrier analysis, additional school board and
4administrator training, or additional State assistance. Based
5on its summative score, a school district may be exempt from
6the balanced accountability measure for one or more school
7years. The State Board of Education, in collaboration with the
8Balanced Accountability Measure Committee set forth in this
9subsection (b-5) (b), shall adopt rules that further
10implementation in accordance with the requirements of this
11Section.
12(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; 99-642,
13eff. 7-28-16; 99-657, eff. 7-28-16.)
 
14    (105 ILCS 5/2-3.25n)
15    Sec. 2-3.25n. Every Student Succeeds No Child Left Behind
16Act; requirements and construction.
17    (a) The changes in the State accountability system made by
18this amendatory Act of the 93rd General Assembly are a direct
19result of the federal Every Student Succeeds Act No Child Left
20Behind Act of 2001 (Public Law 107-110), which requires that
21each state develop and implement a single, statewide
22accountability system applicable to all schools and school
23districts.
24    (b) As provided in the federal Every Student Succeeds Act
25No Child Left Behind Act of 2001 (Public Law 107-110), nothing

 

 

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1in this amendatory Act of the 93rd General Assembly shall be
2construed to alter or otherwise affect the rights, remedies,
3and procedures afforded school district or school employees
4under federal, State, or local law (including applicable rules,
5regulations, or court orders) or under the terms of collective
6bargaining agreements, memoranda of understanding, or other
7agreements between such employees and their employers.
8    (c) The State Board of Education may identify a school
9district as eligible for targeted and comprehensive services
10under the federal Every Student Succeeds Act.
11(Source: P.A. 93-470, eff. 8-8-03.)
 
12    (105 ILCS 5/2-3.52A)  (from Ch. 122, par. 2-3.52A)
13    Sec. 2-3.52A. Pilot programs. To improve the quality of
14teaching as a profession the State Board of Education may,
15pursuant to the federal Every Student Succeeds Act and
16appropriations for such purposes, establish entrance educator
17preparation programs, encourage collaboration between schools
18of educator preparation and high-need districts, establish
19projects to recruit, select, prepare, and provide professional
20development for teachers or school leaders, and establish
21initiatives that focus on funding performance-based programs
22or human capital management systems pilot programs for teachers
23relating to clinical schools, restructuring the teaching
24workplace, and providing special assistance and support to
25beginning teachers. Such programs shall be conducted in

 

 

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1accordance with rules adopted by the State Board of Education.
2Such rules shall provide for, but not be limited to, advisory
3councils and annual reports on the progress of the pilot
4programs.
5(Source: P.A. 85-322.)
 
6    (105 ILCS 5/2-3.61a)
7    Sec. 2-3.61a. 21st Century Community Learning Center Grant
8Program.
9    (a) The State Board of Education shall be the designated
10agency responsible for the administration of programs under
11Part I of Subchapter X of Chapter 70 of the federal Elementary
12and Secondary Education Act of 1965.
13    (b) The State Board of Education shall establish and
14implement a 21st Century Community Learning Center Grant
15Program, in accordance with federal guidelines, to provide
16grants to support whole child-focused academically focused
17after-school programs that are aligned with the regular
18academic programs of a school and the academic needs of
19students. These grants shall be used to help those students who
20attend high-poverty, low-performing schools meet State and
21local performance standards in core academic subjects and, if
22applicable, increase school day attendance and improve
23social-emotional skills for students who attend high-poverty,
24low-performing schools. These grants shall be used to help
25those students who attend high-poverty, low-performing schools

 

 

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1meet State and local performance standards in core academic
2subjects and to offer opportunities for families of
3participating students to have meaningful engagement in their
4children's education that are linked to learning and healthy
5development outcomes opportunities for improved literacy and
6related educational development. If appropriate, external
7stakeholder feedback shall be gathered and used to inform the
8grant application.
9    The State Board of Education shall award grants to eligible
10applicants that are of sufficient size and scope to implement
11support high-quality, effective after-school programs, to
12ensure reasonable success of achieving the goals identified in
13the grant application, and to offer those activities that are
14necessary to achieve these goals and performance indicators and
15measures with a direct link to student achievement.
16    (c) Using State funds, subject to appropriation, and any
17federal funds received for this purpose, the State Board of
18Education may establish any other grant programs that are
19necessary to establish high-quality, academically based,
20after-school programs that include family-centered education
21activities.
22    (d) The State Board of Education may adopt any rules
23necessary to implement this Section.
24(Source: P.A. 93-374, eff. 7-24-03.)
 
25    (105 ILCS 5/2-3.64a-5)

 

 

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1    Sec. 2-3.64a-5. State goals and assessment.
2    (a) For the assessment and accountability purposes of this
3Section, "students" includes those students enrolled in a
4public or State-operated elementary school, secondary school,
5or cooperative or joint agreement with a governing body or
6board of control, a charter school operating in compliance with
7the Charter Schools Law, a school operated by a regional office
8of education under Section 13A-3 of this Code, or a public
9school administered by a local public agency or the Department
10of Human Services.
11    (b) The State Board of Education shall establish the
12academic standards that are to be applicable to students who
13are subject to State assessments under this Section. The State
14Board of Education shall not establish any such standards in
15final form without first providing opportunities for public
16participation and local input in the development of the final
17academic standards. Those opportunities shall include a
18well-publicized period of public comment and opportunities to
19file written comments.
20    (c) Beginning no later than the 2014-2015 school year, the
21State Board of Education shall annually assess all students
22enrolled in grades 3 through 8 in English language arts and
23mathematics.
24    Beginning no later than the 2017-2018 school year, the
25State Board of Education shall annually assess all students in
26science at one grade in grades 3 through 5, at one grade in

 

 

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1grades 6 through 8, and at one grade in grades 9 through 12.
2    The State Board of Education shall annually assess schools
3that operate a secondary education program, as defined in
4Section 22-22 of this Code, in English language arts and
5mathematics. The State Board of Education shall administer no
6more than 3 assessments, per student, of English language arts
7and mathematics for students in a secondary education program.
8One of these assessments shall include a college and career
9ready determination that shall be recognized accepted by this
10State's public institutions of higher education, as defined in
11the Board of Higher Education Act, for the purpose of student
12application or admissions consideration. The assessment
13administered by the State Board of Education for the purpose of
14student application to or admissions consideration by
15institutions of higher education must be administered on a
16school day during regular student attendance hours.
17    Students who do are not take the State's final
18accountability assessment or its approved alternate assessment
19assessed for college and career ready determinations may not
20receive a regular high school diploma unless the student is
21exempted from taking the State assessments under subsection (d)
22of this Section because (i) the student's individualized
23educational program developed under Article 14 of this Code
24identifies the State assessment as inappropriate for the
25student, (ii) the student is enrolled in a program of adult and
26continuing education, as defined in the Adult Education Act,

 

 

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1(iii) the school district is not required to assess the
2individual student for purposes of accountability under
3federal No Child Left Behind Act of 2001 requirements, (iv) the
4student has been determined to be an English learner and has
5been enrolled in schools in the United States for less than 12
6months, or (v) the student is otherwise identified by the State
7Board of Education, through rules, as being exempt from the
8assessment.
9    The State Board of Education shall not assess students
10under this Section in subjects not required by this Section.
11    Districts shall inform their students of the timelines and
12procedures applicable to their participation in every yearly
13administration of the State assessments. The State Board of
14Education shall establish periods of time in each school year
15during which State assessments shall occur to meet the
16objectives of this Section.
17    (d) Every individualized educational program as described
18in Article 14 shall identify if the State assessment or
19components thereof require accommodation are appropriate for
20the student. The State Board of Education shall develop rules
21governing the administration of an alternate assessment that
22may be available to students for whom participation in this
23State's regular assessments is not appropriate, even with
24accommodations as allowed under this Section.
25    Students receiving special education services whose
26individualized educational programs identify them as eligible

 

 

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1for the alternative State assessments nevertheless shall have
2the option of also taking this State's regular final
3accountability assessment that includes a college and career
4ready determination, which shall be administered in accordance
5with the eligible accommodations appropriate for meeting these
6students' respective needs.
7    All students determined to be English learners shall
8participate in the State assessments. The scores of , excepting
9those students who have been enrolled in schools in the United
10States for less than 12 months may not be used for the purposes
11of accountability. Such students may be exempted from
12participation in one annual administration of the English
13language arts assessment. Any student determined to be an
14English learner shall receive appropriate assessment
15accommodations, including language supports, which shall be
16established by rule. Approved assessment accommodations must
17be provided until the student's English language skills develop
18to the extent that the student is no longer considered to be an
19English learner, as demonstrated through a State-identified
20English language proficiency assessment.
21    (e) The results or scores of each assessment taken under
22this Section shall be made available to the parents of each
23student.
24    In each school year, the scores attained by a student on
25the final accountability State assessment that includes a
26college and career ready determination must be placed in the

 

 

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

 

 

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

 

 

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1(i) of this Section have been met), the time and money expended
2at the local and State levels to prepare for and administer the
3assessments, the collective results of the assessments as
4measured against the stated purpose of assessing student
5performance, and other issues involving the assessments
6identified by the Committee. The Committee shall make periodic
7recommendations to the State Superintendent of Education and
8the General Assembly concerning the assessments.
9    (k) The State Board of Education may adopt rules to
10implement this Section.
11(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
12eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
13revised 9-22-17.)
 
14    (105 ILCS 5/2-3.136)
15    Sec. 2-3.136. Funding for class Class size reduction grant
16programs.
17    (a) Class size reduction funding shall assist A K-3 class
18size reduction grant program is created. The program shall be
19implemented and administered by the State Board of Education.
20From appropriations made for purposes of this Section, the
21State Board shall award grants to schools that meet the
22criteria established by this Section subsection (a) for the
23award of funds those grants.
24    (a-5) Funds Grants shall be awarded pursuant to
25application. The form and manner of applications and the

 

 

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1criteria for the award of funds grants shall be prescribed by
2the State Board of Education. The grant criteria as so
3prescribed, however, shall provide that only those schools that
4are identified as priority schools under Section 2-3.25d-5 of
5this Code and that maintain grades kindergarten through 3 are
6grant eligible.
7    Funding Grants awarded to eligible schools under this
8Section subsection (a) shall be used and applied by the schools
9to defray the costs and expenses of reducing class size to a
10level that is evidence-based. If a school's facilities are
11inadequate to allow for the specified class size, then funding
12may be used for, but is not limited to, support for
13professional learning. operating and maintaining classes in
14grades kindergarten through 3 with an average class size within
15a specific grade of no more than 20 pupils. If a school's
16facilities are inadequate to allow for this specified class
17size, then a school may use the grant funds for teacher aides
18instead.
19    (b) (Blank). A K-3 pilot class size reduction grant program
20is created. The program shall be implemented and administered
21by the State Board of Education. From appropriations made for
22purposes of this subsection (b), the State Board shall award
23grants to schools that meet the criteria established by this
24Section for the award of those grants.
25    Grants shall be awarded pursuant to application. The form
26and manner of application and the criteria for the award of

 

 

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1grants shall be prescribed by the State Board of Education.
2    Grants awarded to eligible schools under this subsection
3(b) shall be used and applied by the schools to defray the
4costs and expenses of operating and maintaining classes in
5grades kindergarten through 3 of no more than 15 pupils per
6teacher per class. A teacher aide may not be used to meet this
7requirement.
8    (c) (Blank). If a school board determines that a school is
9using funds awarded under this Section for purposes not
10authorized by this Section, then the school board, rather than
11the school, shall determine how the funds are used.
12    (d) The State Board of Education shall adopt any rules,
13consistent with the requirements of this Section, that are
14necessary to implement and administer this Section the class
15size reduction grant programs.
16(Source: P.A. 99-193, eff. 7-30-15.)
 
17    (105 ILCS 5/2-3.153)
18    Sec. 2-3.153. Survey of learning conditions.
19    (a) The State Board of Education shall administer a climate
20survey, identified by and paid for by the State Board of
21Education, select for statewide administration an instrument
22to provide feedback from, at a minimum, students in grades 4 6
23through 12 and teachers on the instructional environment within
24a school. Each after giving consideration to the
25recommendations of the Performance Evaluation Advisory Council

 

 

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1made pursuant to subdivision (6) of subsection (a) of Section
224A-20 of this Code. Subject to appropriation to the State
3Board of Education for the State's cost of development and
4administration and, subject to subsections (b) and (c) of this
5Section, each school district shall annually administer, at
6least biennially, the climate survey instrument in every public
7school attendance center by a date specified by the State
8Superintendent of Education, and data resulting from the
9instrument's administration must be provided to the State Board
10of Education. The survey component that requires completion by
11the teachers must be administered during teacher meetings or
12professional development days or at other times that would not
13interfere with the teachers' regular classroom and direct
14instructional duties. The State Superintendent, following
15consultation with teachers, principals, and other appropriate
16stakeholders, shall publicly report on the survey selected
17indicators of learning conditions resulting from
18administration of the instrument at the individual school,
19district, and State levels and shall identify whether the
20indicators result from an anonymous administration of the
21instrument. If in any year the appropriation to the State Board
22of Education is insufficient for the State's costs associated
23with statewide administration of the instrument, the State
24Board of Education shall give priority to districts with
25low-performing schools and a representative sample of other
26districts.

 

 

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1    (b) A school district may elect to use, on a district-wide
2basis and at the school district's sole cost and expense, an
3alternate climate survey of learning conditions instrument
4pre-approved by the State Superintendent under subsection (c)
5of this Section in lieu of the State-adopted climate survey
6statewide survey instrument selected under subsection (a) of
7this Section, provided that:
8        (1) the school district notifies the State Board of
9    Education, on a form provided by the State Superintendent,
10    of its intent to administer an alternate climate survey
11    instrument on or before a date established by the State
12    Superintendent for the 2014-2015 school year and August 1
13    of each subsequent school year during which the instrument
14    will be administered;
15        (2) the notification submitted to the State Board under
16    paragraph (1) of this subsection (b) must be accompanied by
17    a certification signed by the president of the local
18    teachers' exclusive bargaining representative and
19    president of the school board indicating that the alternate
20    survey has been agreed to by the teachers' exclusive
21    bargaining representative and the school board;
22        (3) the school district's administration of the
23    alternate instrument, including providing to the State
24    Board of Education data and reports suitable to be
25    published on school report cards and the State School
26    Report Card Internet website, is performed in accordance

 

 

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1    with the requirements of subsection (a) of this Section;
2    and
3        (4) the alternate instrument is administered each
4    school year that the statewide survey instrument is
5    administered; if the statewide survey is not administrated
6    in a given school year, the school district is not required
7    to provide the alternative instrument in that given school
8    year.
9    (c) The State Superintendent, in consultation with
10teachers, principals, superintendents, and other appropriate
11stakeholders, shall administer an approval process through
12which at least 2, but not more than 3, alternate survey of
13learning conditions instruments will be approved by the State
14Superintendent following a determination by the State
15Superintendent that each approved instrument:
16        (1) meets all requirements of subsection (a) of this
17    Section;
18        (2) provides a summation of indicator results of the
19    alternative survey by a date established by the State
20    Superintendent in a manner that allows the indicator
21    results to be included on school report cards pursuant to
22    Section 10-17a of this Code by October 31 of the school
23    year following the instrument's administration;
24        (3) provides summary reports for each district and
25    attendance center intended for parents and community
26    stakeholders;

 

 

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1        (4) meets scale reliability requirements using
2    accepted testing measures;
3        (5) provides research-based evidence linking
4    instrument content to one or more improved student
5    outcomes; and
6        (6) has undergone and documented testing to prove
7    validity and reliability.
8The State Superintendent shall periodically review and update
9the list of approved alternate survey instruments, provided
10that at least 2, but no more than 3, alternate survey
11instruments shall be approved for use during any school year.
12    (d) Nothing contained in this amendatory Act of the 98th
13General Assembly repeals, supersedes, invalidates, or
14nullifies final decisions in lawsuits pending on the effective
15date of this amendatory Act of the 98th General Assembly in
16Illinois courts involving the interpretation of Public Act
1797-8.
18(Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12; 98-648,
19eff. 7-1-14.)
 
20    (105 ILCS 5/10-21.3a)
21    Sec. 10-21.3a. Transfer of students.
22    (a) Each school board shall establish and implement a
23policy governing the transfer of a student from one attendance
24center to another within the school district upon the request
25of the student's parent or guardian. Any request by a parent or

 

 

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1guardian to transfer his or her child from one attendance
2center to another within the school district pursuant to
3Section 1116 of the federal Elementary and Secondary Education
4Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30
5days after the parent or guardian receives notice of the right
6to transfer pursuant to that law. A student may not transfer to
7any of the following attendance centers, except by change in
8residence if the policy authorizes enrollment based on
9residence in an attendance area or unless approved by the board
10on an individual basis:
11        (1) An attendance center that exceeds or as a result of
12    the transfer would exceed its attendance capacity.
13        (2) An attendance center for which the board has
14    established academic criteria for enrollment if the
15    student does not meet the criteria, provided that the
16    transfer must be permitted if the attendance center is the
17    only attendance center serving the student's grade that has
18    not been identified for school improvement, corrective
19    action, or restructuring under Section 1116 of the federal
20    Elementary and Secondary Education Act of 1965 (20 U.S.C.
21    Sec. 6316).
22        (3) Any attendance center if the transfer would prevent
23    the school district from meeting its obligations under a
24    State or federal law, court order, or consent decree
25    applicable to the school district.
26    (b) Each school board shall establish and implement a

 

 

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1policy governing the transfer of students within a school
2district from a persistently dangerous school to another public
3school in that district that is not deemed to be persistently
4dangerous. In order to be considered a persistently dangerous
5school, the school must meet all of the following criteria for
62 consecutive years:
7        (1) Have greater than 3% of the students enrolled in
8    the school expelled for violence-related conduct.
9        (2) Have one or more students expelled for bringing a
10    firearm to school as defined in 18 U.S.C. 921.
11        (3) Have at least 3% of the students enrolled in the
12    school exercise the individual option to transfer schools
13    pursuant to subsection (c) of this Section.
14    (c) A student may transfer from one public school to
15another public school in that district if the student is a
16victim of a violent crime as defined in Section 3 of the Rights
17of Crime Victims and Witnesses Act. The violent crime must have
18occurred on school grounds during regular school hours or
19during a school-sponsored event.
20    (d) (Blank). Transfers made pursuant to subsections (b) and
21(c) of this Section shall be made in compliance with the
22federal No Child Left Behind Act of 2001 (Public Law 107-110).
23(Source: P.A. 96-328, eff. 8-11-09.)
 
24    (105 ILCS 5/10-29)
25    Sec. 10-29. Remote educational programs.

 

 

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1    (a) For purposes of this Section, "remote educational
2program" means an educational program delivered to students in
3the home or other location outside of a school building that
4meets all of the following criteria:
5        (1) A student may participate in the program only after
6    the school district, pursuant to adopted school board
7    policy, and a person authorized to enroll the student under
8    Section 10-20.12b of this Code determine that a remote
9    educational program will best serve the student's
10    individual learning needs. The adopted school board policy
11    shall include, but not be limited to, all of the following:
12            (A) Criteria for determining that a remote
13        educational program will best serve a student's
14        individual learning needs. The criteria must include
15        consideration of, at a minimum, a student's prior
16        attendance, disciplinary record, and academic history.
17            (B) Any limitations on the number of students or
18        grade levels that may participate in a remote
19        educational program.
20            (C) A description of the process that the school
21        district will use to approve participation in the
22        remote educational program. The process must include
23        without limitation a requirement that, for any student
24        who qualifies to receive services pursuant to the
25        federal Individuals with Disabilities Education
26        Improvement Act of 2004, the student's participation

 

 

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1        in a remote educational program receive prior approval
2        from the student's individualized education program
3        team.
4            (D) A description of the process the school
5        district will use to develop and approve a written
6        remote educational plan that meets the requirements of
7        subdivision (5) of this subsection (a).
8            (E) A description of the system the school district
9        will establish to determine student participation
10        calculate the number of clock hours a student is
11        participating in instruction in accordance with the
12        remote educational program.
13            (F) A description of the process for renewing a
14        remote educational program at the expiration of its
15        term.
16            (G) Such other terms and provisions as the school
17        district deems necessary to provide for the
18        establishment and delivery of a remote educational
19        program.
20        (2) The school district has determined that the remote
21    educational program's curriculum is aligned to State
22    learning standards and that the program offers instruction
23    and educational experiences consistent with those given to
24    students at the same grade level in the district.
25        (3) The remote educational program is delivered by
26    instructors that meet the following qualifications:

 

 

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1            (A) they are certificated under Article 21 of this
2        Code;
3            (B) (blank); and they meet applicable highly
4        qualified criteria under the federal No Child Left
5        Behind Act of 2001; and
6            (C) they have responsibility for all of the
7        following elements of the program: planning
8        instruction, diagnosing learning needs, prescribing
9        content delivery through class activities, assessing
10        learning, reporting outcomes to administrators and
11        parents and guardians, and evaluating the effects of
12        instruction.
13        (4) During the period of time from and including the
14    opening date to the closing date of the regular school term
15    of the school district established pursuant to Section
16    10-19 of this Code, participation in a remote educational
17    program may be claimed for general State aid purposes under
18    Section 18-8.05 of this Code or evidence-based funding
19    purposes under Section 18-8.15 of this Code on any calendar
20    day, notwithstanding whether the day is a day of pupil
21    attendance or institute day on the school district's
22    calendar or any other provision of law restricting
23    instruction on that day. If the district holds year-round
24    classes in some buildings, the district shall classify each
25    student's participation in a remote educational program as
26    either on a year-round or a non-year-round schedule for

 

 

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1    purposes of claiming general State aid or evidence-based
2    funding. Outside of the regular school term of the
3    district, the remote educational program may be offered as
4    part of any summer school program authorized by this Code.
5        (5) Each student participating in a remote educational
6    program must have a written remote educational plan that
7    has been approved by the school district and a person
8    authorized to enroll the student under Section 10-20.12b of
9    this Code. The school district and a person authorized to
10    enroll the student under Section 10-20.12b of this Code
11    must approve any amendment to a remote educational plan.
12    The remote educational plan must include, but is not
13    limited to, all of the following:
14            (A) Specific achievement goals for the student
15        aligned to State learning standards.
16            (B) A description of all assessments that will be
17        used to measure student progress, which description
18        shall indicate the assessments that will be
19        administered at an attendance center within the school
20        district.
21            (C) A description of the progress reports that will
22        be provided to the school district and the person or
23        persons authorized to enroll the student under Section
24        10-20.12b of this Code.
25            (D) Expectations, processes, and schedules for
26        interaction between a teacher and student.

 

 

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1            (E) A description of the specific responsibilities
2        of the student's family and the school district with
3        respect to equipment, materials, phone and Internet
4        service, and any other requirements applicable to the
5        home or other location outside of a school building
6        necessary for the delivery of the remote educational
7        program.
8            (F) If applicable, a description of how the remote
9        educational program will be delivered in a manner
10        consistent with the student's individualized education
11        program required by Section 614(d) of the federal
12        Individuals with Disabilities Education Improvement
13        Act of 2004 or plan to ensure compliance with Section
14        504 of the federal Rehabilitation Act of 1973.
15            (G) A description of the procedures and
16        opportunities for participation in academic and
17        extra-curricular activities and programs within the
18        school district.
19            (H) The identification of a parent, guardian, or
20        other responsible adult who will provide direct
21        supervision of the program. The plan must include an
22        acknowledgment by the parent, guardian, or other
23        responsible adult that he or she may engage only in
24        non-teaching duties not requiring instructional
25        judgment or the evaluation of a student. The plan shall
26        designate the parent, guardian, or other responsible

 

 

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1        adult as non-teaching personnel or volunteer personnel
2        under subsection (a) of Section 10-22.34 of this Code.
3            (I) The identification of a school district
4        administrator who will oversee the remote educational
5        program on behalf of the school district and who may be
6        contacted by the student's parents with respect to any
7        issues or concerns with the program.
8            (J) The term of the student's participation in the
9        remote educational program, which may not extend for
10        longer than 12 months, unless the term is renewed by
11        the district in accordance with subdivision (7) of this
12        subsection (a).
13            (K) A description of the specific location or
14        locations in which the program will be delivered. If
15        the remote educational program is to be delivered to a
16        student in any location other than the student's home,
17        the plan must include a written determination by the
18        school district that the location will provide a
19        learning environment appropriate for the delivery of
20        the program. The location or locations in which the
21        program will be delivered shall be deemed a long
22        distance teaching reception area under subsection (a)
23        of Section 10-22.34 of this Code.
24            (L) Certification by the school district that the
25        plan meets all other requirements of this Section.
26        (6) Students participating in a remote educational

 

 

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1    program must be enrolled in a school district attendance
2    center pursuant to the school district's enrollment policy
3    or policies. A student participating in a remote
4    educational program must be tested as part of all
5    assessments administered by the school district pursuant
6    to Section 2-3.64a-5 of this Code at the attendance center
7    in which the student is enrolled and in accordance with the
8    attendance center's assessment policies and schedule. The
9    student must be included within all accountability
10    determinations for the school district and attendance
11    center under State and federal law.
12        (7) The term of a student's participation in a remote
13    educational program may not extend for longer than 12
14    months, unless the term is renewed by the school district.
15    The district may only renew a student's participation in a
16    remote educational program following an evaluation of the
17    student's progress in the program, a determination that the
18    student's continuation in the program will best serve the
19    student's individual learning needs, and an amendment to
20    the student's written remote educational plan addressing
21    any changes for the upcoming term of the program.
22    For purposes of this Section, a remote educational program
23does not include instruction delivered to students through an
24e-learning program approved under Section 10-20.56 of this
25Code.
26    (b) A school district may, by resolution of its school

 

 

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1board, establish a remote educational program.
2    (c) (Blank). Clock hours of instruction by students in a
3remote educational program meeting the requirements of this
4Section may be claimed by the school district and shall be
5counted as school work for general State aid purposes in
6accordance with and subject to the limitations of Section
718-8.05 of this Code or evidence-based funding purposes in
8accordance with and subject to the limitations of Section
918-8.15 of this Code.
10    (d) The impact of remote educational programs on wages,
11hours, and terms and conditions of employment of educational
12employees within the school district shall be subject to local
13collective bargaining agreements.
14    (e) The use of a home or other location outside of a school
15building for a remote educational program shall not cause the
16home or other location to be deemed a public school facility.
17    (f) A remote educational program may be used, but is not
18required, for instruction delivered to a student in the home or
19other location outside of a school building that is not claimed
20for general State aid purposes under Section 18-8.05 of this
21Code or evidence-based funding purposes under Section 18-8.15
22of this Code.
23    (g) School districts that, pursuant to this Section, adopt
24a policy for a remote educational program must submit to the
25State Board of Education a copy of the policy and any
26amendments thereto, as well as data on student participation in

 

 

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1a format specified by the State Board of Education. The State
2Board of Education may perform or contract with an outside
3entity to perform an evaluation of remote educational programs
4in this State.
5    (h) The State Board of Education may adopt any rules
6necessary to ensure compliance by remote educational programs
7with the requirements of this Section and other applicable
8legal requirements.
9(Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15;
1099-642, eff. 7-28-16; 100-465, eff. 8-31-17.)
 
11    (105 ILCS 5/34-1.1)  (from Ch. 122, par. 34-1.1)
12    Sec. 34-1.1. Definitions. As used in this Article:
13    "Academic Accountability Council" means the Chicago
14Schools Academic Accountability Council created under Section
1534-3.4.
16    "Local School Council" means a local school council
17established under Section 34-2.1.
18    "School" and "attendance center" are used interchangeably
19to mean any attendance center operated pursuant to this Article
20and under the direction of one principal.
21    "Secondary Attendance Center" means a school which has
22students enrolled in grades 9 through 12 (although it may also
23have students enrolled in grades below grade 9).
24    "Local Attendance Area School" means a school which has a
25local attendance area established by the board.

 

 

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1    "Multi-area school" means a school other than a local
2attendance area school.
3    "Contract school" means an attendance center managed and
4operated by a for-profit or not-for-profit private entity
5retained by the board to provide instructional and other
6services to a majority of the pupils enrolled in the attendance
7center.
8    "Contract turnaround school" means an experimental
9contract school created by the board to implement alternative
10governance in an attendance center subject to restructuring or
11similar intervention under federal law that has not made
12adequate yearly progress for 5 consecutive years or a time
13period set forth in federal law.
14    "Parent" means a parent or legal guardian of an enrolled
15student of an attendance center.
16    "Community resident" means a person, 18 years of age or
17older, residing within an attendance area served by a school,
18excluding any person who is a parent of a student enrolled in
19that school; provided that with respect to any multi-area
20school, community resident means any person, 18 years of age or
21older, residing within the voting district established for that
22school pursuant to Section 34-2.1c, excluding any person who is
23a parent of a student enrolled in that school.
24    "School staff" means all certificated and uncertificated
25school personnel, including all teaching and administrative
26staff (other than the principal) and including all custodial,

 

 

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1food service and other civil service employees, who are
2employed at and assigned to perform the majority of their
3employment duties at one attendance center served by the same
4local school council.
5    "Regular meetings" means the meeting dates established by
6the local school council at its annual organizational meeting.
7(Source: P.A. 96-105, eff. 7-30-09.)
 
8    (105 ILCS 5/34-3.5)
9    Sec. 34-3.5. Partnership agreement on advancing student
10achievement; Every Student Succeeds Act No Child Left Behind
11Act of 2001.
12    (a) The General Assembly finds that the Chicago Teachers
13Union, the Chicago Board of Education, and the district's chief
14executive officer have a common responsibility beyond their
15statutory collective bargaining relationship to institute
16purposeful education reforms in the Chicago Public Schools that
17maximize the number of students in the Chicago Public Schools
18who reach or exceed proficiency with regard to State academic
19standards and assessments. The General Assembly further finds
20that education reform in the Chicago Public Schools must be
21premised on a commitment by all stakeholders to redefine
22relationships, develop, implement, and evaluate programs, seek
23new and additional resources, improve the value of educational
24programs to students, accelerate the quality of teacher
25training, improve instructional excellence, and develop and

 

 

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1implement strategies to comply with the federal Every Student
2Succeeds Act No Child Left Behind Act of 2001 (Public Law
3107-110).
4    The Chicago Board of Education and the district's chief
5executive officer shall enter into a partnership agreement with
6the Chicago Teachers Union to allow the parties to work
7together to advance the Chicago Public Schools to the next
8level of education reform. This agreement must be entered into
9and take effect within 90 days after the effective date of this
10amendatory Act of the 93rd General Assembly. As part of this
11agreement, the Chicago Teachers Union, the Chicago Board of
12Education, and the district's chief executive officer shall
13jointly file a report with the General Assembly at the end of
14each school year with respect to the nature of the reforms that
15the parties have instituted, the effect of these reforms on
16student achievement, and any other matters that the parties
17deem relevant to evaluating the effectiveness of the agreement.
18    (b) Decisions concerning matters of inherent managerial
19policy necessary to comply with the federal Every Student
20Succeeds Act No Child Left Behind Act of 2001 (Public Law
21107-110), including such areas of discretion or policy as the
22functions of the employer, the standards and delivery of
23educational services and programs, the district's overall
24budget, the district's organizational structure, student
25assignment, school choice, and the selection of new employees
26and direction of employees, and the impact of these decisions

 

 

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1on individual employees or the bargaining unit shall be
2permissive subjects of bargaining between the educational
3employer and the exclusive bargaining representative and are
4within the sole discretion of the educational employer to
5decide to bargain. This subsection (b) is exclusive of the
6parties' obligations and responsibilities under Section 4.5 of
7the Illinois Educational Labor Relations Act (provided that any
8dispute or impasse that may arise under this subsection (b)
9shall be resolved exclusively as set forth in subsection (b) of
10Section 12 of the Illinois Educational Labor Relations Act in
11lieu of a strike under Section 13 of the Illinois Educational
12Labor Relations Act).
13(Source: P.A. 93-3, eff. 4-16-03.)
 
14    (105 ILCS 5/34-18.24)
15    Sec. 34-18.24. Transfer of students.
16    (a) The board shall establish and implement a policy
17governing the transfer of a student from one attendance center
18to another within the school district upon the request of the
19student's parent or guardian. Any request by a parent or
20guardian to transfer his or her child from one attendance
21center to another within the school district pursuant to
22Section 1116 of the federal Elementary and Secondary Education
23Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30
24days after the parent or guardian receives notice of the right
25to transfer pursuant to that law. A student may not transfer to

 

 

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1any of the following attendance centers, except by change in
2residence if the policy authorizes enrollment based on
3residence in an attendance area or unless approved by the board
4on an individual basis:
5        (1) An attendance center that exceeds or as a result of
6    the transfer would exceed its attendance capacity.
7        (2) An attendance center for which the board has
8    established academic criteria for enrollment if the
9    student does not meet the criteria, provided that the
10    transfer must be permitted if the attendance center is the
11    only attendance center serving the student's grade that has
12    not been identified for school improvement, corrective
13    action, or restructuring under Section 1116 of the federal
14    Elementary and Secondary Education Act of 1965 (20 U.S.C.
15    Sec. 6317).
16        (3) Any attendance center if the transfer would prevent
17    the school district from meeting its obligations under a
18    State or federal law, court order, or consent decree
19    applicable to the school district.
20(b) The board shall establish and implement a policy governing
21the transfer of students within the school district from a
22persistently dangerous attendance center to another attendance
23center in that district that is not deemed to be persistently
24dangerous. In order to be considered a persistently dangerous
25attendance center, the attendance center must meet all of the
26following criteria for 2 consecutive years:

 

 

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1        (1) Have greater than 3% of the students enrolled in
2    the attendance center expelled for violence-related
3    conduct.
4        (2) Have one or more students expelled for bringing a
5    firearm to school as defined in 18 U.S.C. 921.
6        (3) Have at least 3% of the students enrolled in the
7    attendance center exercise the individual option to
8    transfer attendance centers pursuant to subsection (c) of
9    this Section.
10    (c) A student may transfer from one attendance center to
11another attendance center within the district if the student is
12a victim of a violent crime as defined in Section 3 of the
13Rights of Crime Victims and Witnesses Act. The violent crime
14must have occurred on school grounds during regular school
15hours or during a school-sponsored event.
16    (d) (Blank). Transfers made pursuant to subsections (b) and
17(c) of this Section shall be made in compliance with the
18federal No Child Left Behind Act of 2001 (Public Law 107-110).
19(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
 
20    (105 ILCS 5/2-3.25d rep.)
21    (105 ILCS 5/10-20.39 rep.)
22    (105 ILCS 5/21B-200 rep.)
23    (105 ILCS 5/34-18.31 rep.)
24    Section 10. The School Code is amended by repealing
25Sections 2-3.25d, 10-20.39, 21B-200, and 34-18.31.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.