Full Text of SB1156 095th General Assembly
SB1156 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1156
Introduced 2/8/2007, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Department of State Police Law of the Civil Administrative Code of Illinois, the School Code, the Illinois Health Statistics Act, the Minimum Wage Law, and the Victims' Economic Security and Safety Act. Removes provisions concerning the requirement that criminal history record checks of school district job applicants be fingerprint-based, the State Board of Education collecting certain school information, a district that has a school on academic early warning status preparing a revised school improvement plan, the development of a school restructuring plan, placing districts on academic early warning or watch status, school improvement plan peer review, authorizing the State Superintendent of Education to direct the reassignment or replacement of district personnel, prohibiting waivers from compliance with the No Child Left Behind Act of 2001, certain technical assistance from the State Board, State testing in certain subjects and grades beginning no later than the 2005-2006 school year, the compulsory school age extending until age 17, reporting on reenrolled students, a district ensuring that its graduation incentives program receives certain resources, requiring dental examinations and the collection of data relating to obesity, the teaching of history including the study of Asian Americans, increases in the minimum wage for school district employees after June 30, 2007, and defining "employer" to include school districts under the Victims' Economic Security and Safety Act. Makes other changes. Effective June 30, 2007.
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A BILL FOR
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SB1156 |
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LRB095 04610 NHT 24667 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-325 as follows: | 7 |
| (20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
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| Sec. 2605-325. Conviction information for school board or | 9 |
| regional
superintendent. On request of a school board or | 10 |
| regional
superintendent of schools,
to conduct a | 11 |
| fingerprint-based criminal history records check pursuant to | 12 |
| Section 10-21.9 or
34-18.5 of the School
Code. The Department | 13 |
| shall furnish the
conviction information to the president of | 14 |
| the school board of the school
district that has requested the | 15 |
| information or, if the
information was
requested by the | 16 |
| regional superintendent, to that regional superintendent.
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| (Source: P.A. 93-909, eff. 8-12-04.)
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| Section 10. The School Code is amended by changing Sections | 19 |
| 2-3.25b, 2-3.25d, 2-3.25f, 2-3.25g, 2-3.25h, 2-3.64, 10-21.9, | 20 |
| 26-1, 26-2, 26-14, 26-16, 27-8.1, 27-21, and 34-18.5 as | 21 |
| follows:
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| (105 ILCS 5/2-3.25b) (from Ch. 122, par. 2-3.25b)
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| Sec. 2-3.25b. Recognition levels. The State Board of | 3 |
| Education shall,
consistent with adopted recognition | 4 |
| standards, provide for levels of
recognition or | 5 |
| nonrecognition. The State Board of Education shall
promulgate | 6 |
| rules governing the procedures whereby school districts may
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| appeal a recognition level.
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| The State Board of
Education shall have the authority to | 9 |
| collect from
schools and school districts the information, | 10 |
| data, test results, student
performance
and school improvement | 11 |
| indicators as may be necessary to implement and
carry out the | 12 |
| purposes of this Act.
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| (Source: P.A. 93-470, eff. 8-8-03.)
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| (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
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| Sec. 2-3.25d. Academic early warning and watch status.
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| (a) Beginning with the 2005-2006 school year, unless the | 17 |
| federal government formally disapproves of such policy through | 18 |
| the submission and review process for the Illinois | 19 |
| Accountability Workbook, those
schools that do not meet | 20 |
| adequate yearly progress criteria for 2 consecutive annual
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| calculations in the same subgroup and in the same subject or in | 22 |
| their participation rate, attendance rate, or graduation rate
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| shall be placed on academic early warning status for the next | 24 |
| school year.
Schools on academic early warning status that do | 25 |
| not meet adequate yearly
progress criteria for a third annual |
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| calculation in the same subgroup and in the same subject or in | 2 |
| their participation rate, attendance rate, or graduation rate
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| shall remain on academic early
warning status. Schools on | 4 |
| academic early warning status that do not meet
adequate yearly | 5 |
| progress criteria for a fourth annual calculation in the same | 6 |
| subgroup and in the same subject or in their participation | 7 |
| rate, attendance rate, or graduation rate shall be
placed
on | 8 |
| initial academic watch status. Schools on academic watch status | 9 |
| that do not
meet adequate yearly progress criteria for a fifth | 10 |
| or subsequent annual
calculation in the same subgroup and in | 11 |
| the same subject or in their participation rate, attendance | 12 |
| rate, or graduation rate shall remain on academic watch status. | 13 |
| Schools on academic early
warning or academic watch status that | 14 |
| meet adequate yearly progress criteria
for
one annual | 15 |
| calculation
shall be considered as having
met
expectations and | 16 |
| shall be removed from any status designation.
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| The school district of a school placed on either academic | 18 |
| early warning
status or academic watch status may appeal the | 19 |
| status to the State Board of
Education in accordance with | 20 |
| Section 2-3.25m of this Code.
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| A school district that has one or more schools on academic | 22 |
| early warning
or academic watch status shall prepare a revised | 23 |
| School Improvement Plan or
amendments thereto setting forth the | 24 |
| district's expectations for removing each
school from academic | 25 |
| early warning or academic watch status and for improving
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| student performance in the affected school or schools. |
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| Districts operating
under
Article 34 of this Code may prepare | 2 |
| the School Improvement Plan required under
Section 34-2.4 of | 3 |
| this Code.
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| The revised School Improvement Plan for a school
that is | 5 |
| initially placed on academic early warning status
or that | 6 |
| remains on
academic early warning status after a third annual | 7 |
| calculation
must be approved by
the
school board (and by the | 8 |
| school's local school council in a district operating
under | 9 |
| Article 34 of this Code, unless the school is on probation | 10 |
| pursuant to
subsection (c) of Section
34-8.3 of this Code).
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| The revised School Improvement Plan for a school that is | 12 |
| initially placed on
academic watch status after a fourth annual | 13 |
| calculation must be approved by the
school board (and by the | 14 |
| school's local school council in a district operating
under | 15 |
| Article 34 of this Code, unless the school is on probation | 16 |
| pursuant to
subsection (c) of Section
34-8.3 of this Code).
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| The revised School Improvement Plan for a school that | 18 |
| remains on
academic watch status after a fifth annual | 19 |
| calculation must be approved by the
school board (and by the | 20 |
| school's local school council in a district operating
under | 21 |
| Article 34 of this Code, unless the school is on probation | 22 |
| pursuant to
subsection (c) of Section
34-8.3 of this Code).
In | 23 |
| addition, the district must develop a school restructuring plan | 24 |
| for the
school that
must
be approved by the school board (and | 25 |
| by the school's local school council in a
district operating | 26 |
| under Article 34 of this Code).
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| A school on academic watch status that does not meet | 2 |
| adequate yearly
progress criteria for a sixth annual | 3 |
| calculation shall implement its approved
school restructuring | 4 |
| plan beginning with the next school year, subject to the
State
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| interventions specified in Section 2-3.25f of this Code.
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| (b) (Blank).
Beginning with the 2005-2006 school year, | 7 |
| unless the federal government formally disapproves of such | 8 |
| policy through the submission and review process for the | 9 |
| Illinois Accountability Workbook, those
school districts that | 10 |
| do not meet adequate yearly progress
criteria for 2 consecutive
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| annual
calculations in the same subgroup and in the same | 12 |
| subject or in their participation rate, attendance rate, or | 13 |
| graduation rate shall be placed on academic early warning | 14 |
| status for the next
school year. Districts on academic early | 15 |
| warning status that do not meet
adequate yearly progress | 16 |
| criteria for a third annual calculation in the same subgroup | 17 |
| and in the same subject or in their participation rate, | 18 |
| attendance rate, or graduation rate
shall remain
on
academic | 19 |
| early warning status. Districts on academic early warning | 20 |
| status that
do not meet adequate yearly progress criteria for a | 21 |
| fourth annual calculation
in the same subgroup and in the same | 22 |
| subject or in their participation rate, attendance rate, or | 23 |
| graduation rate shall
be placed on initial academic watch | 24 |
| status. Districts on academic watch status
that do not meet | 25 |
| adequate yearly progress criteria for a fifth or subsequent
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| annual calculation in the same subgroup and in the same subject |
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| or in their participation rate, attendance rate, or graduation | 2 |
| rate shall remain on academic watch status. Districts on | 3 |
| academic
early warning or academic watch status that meet | 4 |
| adequate yearly progress
criteria for one annual calculation | 5 |
| shall be
considered
as having met expectations and shall be | 6 |
| removed from any status designation.
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| A district placed on either academic early warning status | 8 |
| or academic
watch status may appeal the status to the State | 9 |
| Board of Education in
accordance with Section 2-3.25m of this | 10 |
| Code.
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| Districts on academic early warning or academic watch | 12 |
| status shall
prepare a District Improvement Plan or amendments | 13 |
| thereto setting forth the
district's expectations for removing | 14 |
| the district from academic early warning
or
academic watch | 15 |
| status and for improving student performance in the district.
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| All
District Improvement Plans must be approved by the | 17 |
| school board.
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| (c) All revised School and District Improvement Plans shall | 19 |
| be developed
in collaboration with parents, staff in the | 20 |
| affected school or school district , and outside experts. All
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| revised
School and District Improvement Plans shall be | 22 |
| developed, submitted, and
monitored pursuant to rules adopted | 23 |
| by the State Board of Education. The
revised Improvement Plan | 24 |
| shall address measurable outcomes for improving
student | 25 |
| performance so that such performance meets adequate yearly | 26 |
| progress
criteria as specified by the State Board of Education. |
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| All school districts required to revise a School Improvement | 2 |
| Plan in accordance with this Section shall establish a peer | 3 |
| review process for the evaluation of School Improvement Plans.
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| (d) All federal requirements apply to schools and school | 5 |
| districts utilizing
federal funds under Title I, Part A of the | 6 |
| federal Elementary and Secondary
Education Act of 1965. | 7 |
| (e) The State Board of Education, from any moneys it may | 8 |
| have available for this purpose, must implement
and administer | 9 |
| a grant
program that provides 2-year grants to school districts | 10 |
| on the academic watch
list and other school districts that have | 11 |
| the lowest achieving students, as
determined by the State Board | 12 |
| of Education, to be
used to improve student achievement.
In | 13 |
| order
to receive a
grant under this program, a school district | 14 |
| must establish an accountability
program. The
accountability | 15 |
| program must involve the use of statewide testing standards and
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| local
evaluation measures. A grant shall be automatically | 17 |
| renewed when achievement
goals are met. The Board may adopt any | 18 |
| rules necessary to implement and
administer this grant program.
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| (Source: P.A. 93-470, eff. 8-8-03; 93-890, eff. 8-9-04; 94-666, | 20 |
| eff. 8-23-05; 94-875, eff. 7-1-06.)
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| (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
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| Sec. 2-3.25f. State interventions.
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| (a) The State Board of Education shall provide technical
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| assistance to assist with the development and implementation of | 25 |
| School and District Improvement Plans.
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| School
Schools or school districts that fail to make | 2 |
| reasonable efforts to
implement an
approved Improvement Plan | 3 |
| may suffer loss of State funds by school
district, attendance | 4 |
| center, or program as the State Board of Education
deems | 5 |
| appropriate.
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| (b) In addition, if after 3 years following its placement | 7 |
| on
academic
watch status a school district or school remains on
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| academic watch status, the
State Board of Education shall take | 9 |
| one of the following actions for the
district or
school:
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| (1) The State Board of Education may authorize the | 11 |
| State
Superintendent
of Education to direct the regional | 12 |
| superintendent of schools to remove
school board members | 13 |
| pursuant to Section 3-14.28 of this Code. Prior
to such | 14 |
| direction the State Board of Education shall permit members | 15 |
| of the
local board of education to present written and oral | 16 |
| comments to the State
Board of Education. The State Board | 17 |
| of Education may direct the State
Superintendent of | 18 |
| Education to appoint an Independent Authority that shall
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| exercise such powers and duties as may be necessary to | 20 |
| operate a school or
school district for purposes of | 21 |
| improving pupil performance and school
improvement. The | 22 |
| State Superintendent of Education shall designate one
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| member of the Independent Authority to serve as chairman. | 24 |
| The Independent
Authority shall serve for a period of time | 25 |
| specified by the State Board of
Education upon the | 26 |
| recommendation of the State Superintendent of
Education.
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| (2) The State Board of Education may (A)
change the | 2 |
| recognition status of the school district or school to
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| nonrecognized, or (B) authorize the State Superintendent
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| of Education to direct the reassignment of pupils
or direct | 5 |
| the reassignment or replacement of school district | 6 |
| personnel who
are relevant to the
failure
to
meet adequate | 7 |
| yearly progress criteria . If
a school district is | 8 |
| nonrecognized in its entirety, it shall automatically
be | 9 |
| dissolved on July 1 following that nonrecognition and its | 10 |
| territory
realigned with another school district or | 11 |
| districts by the regional board
of school trustees in | 12 |
| accordance with the procedures set forth in Section
7-11 of | 13 |
| the School Code. The effective date of the nonrecognition | 14 |
| of a school
shall be July 1 following the nonrecognition.
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| (c) All federal requirements apply to schools and school | 16 |
| districts
utilizing
federal funds under Title I, Part A of the | 17 |
| federal Elementary and Secondary
Education Act of 1965.
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| (Source: P.A. 93-470, eff. 8-8-03; 94-875, eff. 7-1-06.)
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| (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
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| Sec. 2-3.25g. Waiver or modification of mandates within the | 21 |
| School
Code and administrative rules and regulations. | 22 |
| (a) In this Section: | 23 |
| "Board" means a school board or the governing board or | 24 |
| administrative district, as the case may be, for a joint | 25 |
| agreement. |
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| "Eligible applicant" means a school district, joint | 2 |
| agreement made up of school districts, or regional | 3 |
| superintendent of schools on behalf of schools and programs | 4 |
| operated by the regional office of education.
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| "State Board" means the State Board of Education.
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| (b) Notwithstanding any other
provisions of this School | 7 |
| Code or any other law of this State to the
contrary, eligible | 8 |
| applicants may petition the State Board of Education for the
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| waiver or modification of the mandates of this School Code or | 10 |
| of the
administrative rules and regulations promulgated by the | 11 |
| State Board of
Education. Waivers or modifications of | 12 |
| administrative rules and regulations
and modifications of | 13 |
| mandates of this School Code may be requested when an eligible | 14 |
| applicant demonstrates that it can address the intent of the | 15 |
| rule or
mandate in a more effective, efficient, or economical | 16 |
| manner or when necessary
to stimulate innovation or improve | 17 |
| student performance. Waivers of
mandates of
the School Code may | 18 |
| be requested when the waivers are necessary to stimulate
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| innovation or improve student performance. Waivers may not be | 20 |
| requested
from laws, rules, and regulations pertaining to | 21 |
| special education, teacher
certification, teacher tenure and | 22 |
| seniority, or Section 5-2.1 of this Code or from compliance | 23 |
| with the No
Child Left Behind Act of 2001 (Public Law 107-110) .
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| (c) Eligible applicants, as a matter of inherent managerial | 25 |
| policy, and any
Independent Authority established under | 26 |
| Section 2-3.25f may submit an
application for a waiver or |
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| modification authorized under this Section. Each
application | 2 |
| must include a written request by the eligible applicant or
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| Independent Authority and must demonstrate that the intent of | 4 |
| the mandate can
be addressed in a more effective, efficient, or | 5 |
| economical manner
or be based
upon a specific plan for improved | 6 |
| student performance and school improvement.
Any eligible | 7 |
| applicant requesting a waiver or modification for the reason | 8 |
| that intent
of the mandate can be addressed in a more | 9 |
| economical manner shall include in
the application a fiscal | 10 |
| analysis showing current expenditures on the mandate
and | 11 |
| projected savings resulting from the waiver
or modification. | 12 |
| Applications
and plans developed by eligible applicants must be | 13 |
| approved by the board or regional superintendent of schools | 14 |
| applying on behalf of schools or programs operated by the | 15 |
| regional office of education following a public hearing on the | 16 |
| application and plan and the
opportunity for the board or | 17 |
| regional superintendent to hear testimony from staff
directly | 18 |
| involved in
its implementation, parents, and students. The time | 19 |
| period for such testimony shall be separate from the time | 20 |
| period established by the eligible applicant for public comment | 21 |
| on other matters. If the applicant is a school district or | 22 |
| joint agreement requesting a waiver or modification of Section | 23 |
| 27-6 of this Code, the public hearing shall be held on a day | 24 |
| other than the day on which a regular meeting of the board is | 25 |
| held. If the applicant is a school district, the
public hearing | 26 |
| must be preceded
by at least one published notice occurring at |
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| least 7 days prior to the hearing
in a newspaper of general | 2 |
| circulation within the school district that sets
forth the | 3 |
| time, date, place, and general subject matter of the hearing. | 4 |
| If the applicant is a joint agreement or regional | 5 |
| superintendent, the public hearing must be preceded by at least | 6 |
| one published notice (setting forth the time, date, place, and | 7 |
| general subject matter of the hearing) occurring at least 7 | 8 |
| days prior to the hearing in a newspaper of general circulation | 9 |
| in each school district that is a member of the joint agreement | 10 |
| or that is served by the educational service region, provided | 11 |
| that a notice appearing in a newspaper generally circulated in | 12 |
| more than one school district shall be deemed to fulfill this | 13 |
| requirement with respect to all of the affected districts. The
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| eligible applicant must notify in writing the affected | 15 |
| exclusive collective
bargaining agent and those State | 16 |
| legislators representing the eligible applicant's territory of
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| its
intent to seek approval of a
waiver or
modification and of | 18 |
| the hearing to be held to take testimony from staff.
The | 19 |
| affected exclusive collective bargaining agents shall be | 20 |
| notified of such
public hearing at least 7 days prior to the | 21 |
| date of the hearing and shall be
allowed to attend
such public | 22 |
| hearing. The eligible applicant shall attest to compliance with | 23 |
| all of
the notification and procedural requirements set forth | 24 |
| in this Section.
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| (d) A request for a waiver or modification of | 26 |
| administrative rules and
regulations or for a modification of |
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| mandates contained in this School Code
shall be submitted to | 2 |
| the State Board of Education within 15 days after
approval by | 3 |
| the board or regional superintendent of schools. The | 4 |
| application as submitted to the
State Board of Education shall | 5 |
| include a description of the public hearing.
Following receipt | 6 |
| of the request, the
State Board shall have 45 days to review | 7 |
| the application and request. If the
State Board fails to | 8 |
| disapprove the application within that 45 day period, the
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| waiver or modification shall be deemed granted. The State Board
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| may disapprove
any request if it is not based upon sound | 11 |
| educational practices, endangers the
health or safety of | 12 |
| students or staff, compromises equal opportunities for
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| learning, or fails to demonstrate that the intent of the rule | 14 |
| or mandate can be
addressed in a more effective, efficient, or | 15 |
| economical manner or have improved
student performance as a | 16 |
| primary goal. Any request disapproved by the State
Board may be | 17 |
| appealed to the General Assembly by the eligible applicant
as | 18 |
| outlined in this Section.
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| A request for a waiver from mandates contained in this | 20 |
| School Code shall be
submitted to the State Board within 15 | 21 |
| days after approval by the board or regional superintendent of | 22 |
| schools.
The application as submitted to the State Board of | 23 |
| Education
shall include a description of the public hearing. | 24 |
| The description shall
include, but need not be limited to, the | 25 |
| means of notice, the number of people
in attendance, the number | 26 |
| of people who spoke as proponents or opponents of the
waiver, a |
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| brief description of their comments, and whether there were any
| 2 |
| written statements submitted.
The State Board shall review the | 3 |
| applications and requests for
completeness and shall compile | 4 |
| the requests in reports to be filed with the
General Assembly.
| 5 |
| The State Board shall file
reports outlining the waivers
| 6 |
| requested by eligible applicants
and appeals by eligible | 7 |
| applicants of requests
disapproved by the State Board with the | 8 |
| Senate and the House of
Representatives before each March 1 and
| 9 |
| October
1. The General Assembly may disapprove the report of | 10 |
| the State Board in whole
or in part within 60 calendar days | 11 |
| after each house of the General Assembly
next
convenes after | 12 |
| the report is filed by adoption of a resolution by a record | 13 |
| vote
of the majority of members elected in each house. If the | 14 |
| General Assembly
fails to disapprove any waiver request or | 15 |
| appealed request within such 60
day period, the waiver or | 16 |
| modification shall be deemed granted. Any resolution
adopted by | 17 |
| the General Assembly disapproving a report of the State Board | 18 |
| in
whole or in part shall be binding on the State Board.
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| (e) An approved waiver or modification may remain in effect | 20 |
| for a period not to
exceed 5 school years and may be renewed | 21 |
| upon application by the
eligible applicant. However, such | 22 |
| waiver or modification may be changed within that
5-year period | 23 |
| by a board or regional superintendent of schools applying on | 24 |
| behalf of schools or programs operated by the regional office | 25 |
| of education following the procedure as set
forth in this | 26 |
| Section for the initial waiver or modification request. If
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| neither the State Board of Education nor the General Assembly | 2 |
| disapproves, the
change is deemed granted.
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| (f) On or before February 1, 1998, and each year | 4 |
| thereafter, the State Board of
Education shall submit a | 5 |
| cumulative report summarizing all types of waivers of
mandates | 6 |
| and modifications of mandates granted by the State Board or the
| 7 |
| General Assembly. The report shall identify the topic of the | 8 |
| waiver along with
the number and percentage of eligible | 9 |
| applicants for which the waiver has been
granted. The report | 10 |
| shall also include any recommendations from the State
Board | 11 |
| regarding the repeal or modification of waived mandates.
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| (Source: P.A. 93-470, eff. 8-8-03; 93-557, eff. 8-20-03; | 13 |
| 93-707, eff. 7-9-04; 94-198, eff. 1-1-06; 94-432, eff. 8-2-05; | 14 |
| 94-875, eff. 7-1-06.)
| 15 |
| (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
| 16 |
| Sec. 2-3.25h. Technical assistance; State support | 17 |
| services. School
Schools, school districts, local
school | 18 |
| councils, school improvement panels, and any Independent
| 19 |
| Authority established under Section 2-3.25f may receive | 20 |
| technical
assistance through
that the State Board of Education | 21 |
| shall make
available . Such technical
assistance may
shall
| 22 |
| include without limitation assistance
in the areas of | 23 |
| curriculum evaluation, the instructional process,
student | 24 |
| performance, school environment, staff effectiveness,
school | 25 |
| and community relations, parental involvement, resource
|
|
|
|
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|
| 1 |
| management, and leadership , data analysis processes and tools, | 2 |
| school
improvement plan guidance and
feedback, information | 3 |
| regarding scientifically based research-proven curriculum
and | 4 |
| instruction, and professional development opportunities for | 5 |
| teachers and
administrators .
| 6 |
| (Source: P.A. 93-470, eff. 8-8-03.)
| 7 |
| (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
| 8 |
| Sec. 2-3.64. State goals and assessment.
| 9 |
| (a) Beginning in the 1998-1999 school year, the State Board | 10 |
| of Education
shall establish standards and periodically, in | 11 |
| collaboration with local school
districts, conduct studies of | 12 |
| student performance in the learning areas of fine
arts and | 13 |
| physical development/health.
| 14 |
| Beginning with the 1998-1999 school
year until the | 15 |
| 2004-2005 school year and beginning again with the 2007-2008 | 16 |
| school year , the State Board of
Education shall annually test: | 17 |
| (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in | 18 |
| English language arts (reading, writing, and
English grammar) | 19 |
| and mathematics; and (ii) all pupils enrolled in the 4th and
| 20 |
| 7th grades in the biological and physical sciences and the | 21 |
| social sciences
(history, geography, civics, economics, and | 22 |
| government).
Unless the testing required to be implemented no | 23 |
| later than the 2005-2006 school year under this subsection (a) | 24 |
| is implemented for the 2004-2005 school year, for the 2004-2005 | 25 |
| school year, the State Board of
Education shall test: (i) all |
|
|
|
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|
| 1 |
| pupils enrolled
in the 3rd, 5th, and 8th grades in English | 2 |
| language arts (reading and
English grammar) and mathematics and | 3 |
| (ii) all pupils enrolled in the 4th and
7th grades in the | 4 |
| biological and physical sciences. The maximum time allowed for | 5 |
| all actual testing required under this
paragraph shall not | 6 |
| exceed 25 hours, as allocated among the required
tests by the | 7 |
| State Board of Education, across all grades tested.
| 8 |
| Beginning no later than the 2005-2006 school year and until | 9 |
| the 2007-2008 school year , the State
Board of Education shall | 10 |
| annually test: (i) all pupils enrolled in the 3rd,
4th, 5th, | 11 |
| 6th, 7th, and 8th grades in reading and mathematics
and (ii) | 12 |
| all pupils
enrolled in the 4th and 7th grades in the biological | 13 |
| and physical
sciences. In addition, the State Board of | 14 |
| Education shall test (1) all pupils enrolled in the 5th and 8th | 15 |
| grades in writing during the 2006-2007 school year; (2) all | 16 |
| pupils enrolled in the 5th, 6th, and 8th grades in writing | 17 |
| during the 2007-2008 school year; and (3) all pupils enrolled | 18 |
| in the 3rd, 5th, 6th, and 8th grades in writing during the | 19 |
| 2008-2009 school year and each school year thereafter. After | 20 |
| the addition of grades and change in subjects as delineated in | 21 |
| this paragraph and including whatever other
tests that may be | 22 |
| approved from time to time no later than the
2005-2006 school | 23 |
| year, the maximum time allowed , through the 2006-2007 school | 24 |
| year, for all State testing in
grades 3 through 8 shall not | 25 |
| exceed 38 hours across those grades.
| 26 |
| Notwithstanding any other provision of this subsection |
|
|
|
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|
| 1 |
| (a), beginning
Beginning with the 2004-2005 school year, the | 2 |
| State Board of Education shall not test pupils under this | 3 |
| subsection (a) in physical development and health, fine arts, | 4 |
| and the social sciences (history, geography, civics, | 5 |
| economics, and government). The State Board of Education shall | 6 |
| not test pupils under this subsection (a) in writing during the | 7 |
| 2005-2006 school year.
| 8 |
| The State Board of
Education shall establish the academic | 9 |
| standards that are to be applicable to
pupils who are subject | 10 |
| to State tests under this Section beginning with the
1998-1999 | 11 |
| school year. However, the State Board of Education shall not
| 12 |
| establish any such standards in final form without first | 13 |
| providing
opportunities for public participation and local | 14 |
| input in the development
of the final academic standards. Those | 15 |
| opportunities shall include a
well-publicized period of public | 16 |
| comment, public hearings throughout the State,
and | 17 |
| opportunities to file written comments. Beginning with the | 18 |
| 1998-99 school
year and thereafter, the State tests will | 19 |
| identify pupils in the 3rd grade or
5th grade who do not meet | 20 |
| the State standards.
| 21 |
| If, by performance on the State
tests or local assessments | 22 |
| or by teacher judgment, a student's performance is
determined | 23 |
| to be 2 or more grades below current placement, the student | 24 |
| shall be
provided a remediation program developed by the | 25 |
| district in consultation with a
parent or guardian. Such | 26 |
| remediation programs may include, but shall not be
limited to, |
|
|
|
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|
| 1 |
| increased or concentrated instructional time, a remedial | 2 |
| summer
school program of not less than 90 hours, improved | 3 |
| instructional approaches,
tutorial sessions, retention in | 4 |
| grade, and modifications to instructional
materials. Each | 5 |
| pupil for whom a remediation program is developed under this
| 6 |
| subsection shall be required to enroll in and attend whatever | 7 |
| program the
district determines is appropriate for the pupil. | 8 |
| Districts may combine
students in remediation programs where | 9 |
| appropriate and may cooperate with other
districts in the | 10 |
| design and delivery of those programs. The parent or guardian
| 11 |
| of a student required to attend a remediation program under | 12 |
| this Section shall
be given written notice of that requirement | 13 |
| by the school district a reasonable
time prior to commencement | 14 |
| of the remediation program that the student is to
attend. The | 15 |
| State shall be responsible for providing school districts with | 16 |
| the
new and additional funding, under Section 2-3.51.5 or by | 17 |
| other or additional
means, that is required to enable the | 18 |
| districts to operate remediation programs
for the pupils who | 19 |
| are required to enroll in and attend those programs under
this | 20 |
| Section. Every individualized educational program as described | 21 |
| in Article
14 shall identify if the State test or components | 22 |
| thereof are appropriate for
that student. The State Board of | 23 |
| Education shall develop rules and
regulations governing the | 24 |
| administration of alternative tests prescribed within
each | 25 |
| student's individualized educational program which are | 26 |
| appropriate to the
disability of each student.
|
|
|
|
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|
| 1 |
| All pupils who are in a State approved
transitional | 2 |
| bilingual education program or transitional program of | 3 |
| instruction
shall participate in the State
tests. The time | 4 |
| allotted to take the State tests, however, may be extended as
| 5 |
| determined by the State Board of Education by rule. Any student | 6 |
| who has been enrolled in a
State approved bilingual education | 7 |
| program less than 3 cumulative academic
years may take an | 8 |
| accommodated Limited English Proficient student academic | 9 |
| content assessment, as determined by the State Board of | 10 |
| Education, if the student's lack of English as determined by an | 11 |
| English
language
proficiency test would keep the student from | 12 |
| understanding the regular
State test. If the
school district | 13 |
| determines, on a case-by-case individual basis,
that a Limited | 14 |
| English Proficient student academic content assessment would | 15 |
| likely yield more accurate and reliable information on
what the | 16 |
| student knows and can do, the school district may make a
| 17 |
| determination to assess the student using a Limited English | 18 |
| Proficient student academic content assessment for a period | 19 |
| that does
not exceed 2 additional consecutive years, provided | 20 |
| that the student has
not yet reached a level of English | 21 |
| language proficiency sufficient to yield
valid and reliable | 22 |
| information on what the student knows and can do on
the regular | 23 |
| State test.
| 24 |
| Reasonable accommodations as prescribed by
the State Board | 25 |
| of Education shall be provided for individual students in the
| 26 |
| testing procedure. All test procedures prescribed by the State |
|
|
|
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|
| 1 |
| Board of
Education shall require: (i) that each test used for | 2 |
| State and local student
testing under this Section identify by | 3 |
| name the pupil taking the test; (ii)
that the name of the pupil | 4 |
| taking the test be placed on the test at the time
the test is | 5 |
| taken; (iii) that the results or scores of each test taken | 6 |
| under
this Section by a pupil of the school district be | 7 |
| reported to that district and
identify by name the pupil who | 8 |
| received the reported results or scores; and
(iv) that the | 9 |
| results or scores of each test taken under this Section be made
| 10 |
| available to the parents of the pupil. In addition, in each | 11 |
| school year the highest
scores
attained by
a student on the | 12 |
| Prairie State Achievement
Examination administered under | 13 |
| subsection (c) of this Section and any Prairie
State | 14 |
| Achievement Awards received by the student shall become part
of | 15 |
| the student's permanent record and shall be entered on the | 16 |
| student's
transcript pursuant to regulations that the State | 17 |
| Board of Education shall
promulgate for that purpose in | 18 |
| accordance with Section 3 and subsection (e) of
Section 2 of | 19 |
| the Illinois School Student Records Act. Beginning with the
| 20 |
| 1998-1999 school year and in every school year thereafter, | 21 |
| scores received by
students on the State assessment tests | 22 |
| administered in grades 3 through 8 shall
be placed into | 23 |
| students' temporary records.
| 24 |
| The State Board of Education shall
establish a
period of | 25 |
| time, to be referred to as the State test window, in each | 26 |
| school year for which State
testing shall occur to meet the |
|
|
|
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|
| 1 |
| objectives of this Section. However, if the
schools of a | 2 |
| district are closed and classes are not scheduled during any | 3 |
| week
that is established by the State Board of Education as the | 4 |
| State test
window, the school district may
(at the discretion | 5 |
| of the State Board of Education) move its State test
window one | 6 |
| week earlier or one week later than the established State test
| 7 |
| window, so long as
the school district gives the State Board of | 8 |
| Education written notice of its
intention to deviate from the | 9 |
| established schedule by December 1 of the school
year in which | 10 |
| falls the State test window established by the State
Board of | 11 |
| Education for
the testing.
| 12 |
| (a-5) All tests administered pursuant to this Section shall | 13 |
| be academically
based. For the purposes of this Section | 14 |
| "academically based tests" shall mean
tests consisting of | 15 |
| questions and answers that are measurable and quantifiable
to | 16 |
| measure the knowledge, skill, and ability of students in the | 17 |
| subject matters
covered by tests. The scoring of academically | 18 |
| based tests shall be reliable,
valid, unbiased and shall meet | 19 |
| the guidelines for test development and use
prescribed by the | 20 |
| American Psychological Association, the National Council of
| 21 |
| Measurement and Evaluation, and the American Educational | 22 |
| Research Association.
Academically based tests shall not | 23 |
| include assessments or evaluations of
attitudes, values, or | 24 |
| beliefs, or testing of personality, self-esteem, or
| 25 |
| self-concept. Nothing in this amendatory Act is intended, nor | 26 |
| shall it be
construed, to nullify, supersede, or contradict the |
|
|
|
SB1156 |
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|
| 1 |
| legislative intent on
academic testing expressed during the | 2 |
| passage of HB 1005/P.A. 90-296.
Nothing in this Section is | 3 |
| intended, nor shall it be construed, to nullify,
supersede, or | 4 |
| contradict the legislative intent on academic testing
| 5 |
| expressed in the preamble of this amendatory Act of the 93rd | 6 |
| General
Assembly.
| 7 |
| The State Board of Education shall monitor the use of
short | 8 |
| answer
questions in the math
and reading assessments or in | 9 |
| other assessments in order to demonstrate that the use of short
| 10 |
| answer questions results in a statistically significant | 11 |
| improvement in student
achievement as measured on the State | 12 |
| assessments for math and reading or on
other State assessments | 13 |
| and is
justifiable in terms of cost and student performance.
| 14 |
| (b) It shall be the policy of the State to encourage school | 15 |
| districts
to continuously test pupil proficiency in the | 16 |
| fundamental learning areas in
order to: (i) provide timely | 17 |
| information on individual students' performance
relative to | 18 |
| State standards that is adequate to guide instructional | 19 |
| strategies;
(ii) improve future instruction; and (iii) | 20 |
| complement the information provided
by the State testing system | 21 |
| described in this Section. To assist
school districts in | 22 |
| testing pupil proficiency in reading in the primary grades,
the | 23 |
| State Board shall make optional reading inventories for | 24 |
| diagnostic purposes
available to each school district that | 25 |
| requests such assistance. Districts
that administer the | 26 |
| reading inventories may develop remediation programs for
|
|
|
|
SB1156 |
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LRB095 04610 NHT 24667 b |
|
| 1 |
| students who perform in the bottom half of the student | 2 |
| population. Those
remediation programs may be funded by moneys | 3 |
| provided under the School Safety
and Educational Improvement | 4 |
| Block Grant Program established under Section
2-3.51.5.
| 5 |
| (c) Beginning with the 2000-2001 school year, each school | 6 |
| district that
operates a high school program for students in | 7 |
| grades 9 through 12 shall
annually administer the Prairie State | 8 |
| Achievement Examination
established under this subsection to | 9 |
| its students as set forth
below. The Prairie State Achievement | 10 |
| Examination shall be developed by
the State Board of Education | 11 |
| to measure student performance in the academic
areas of | 12 |
| reading, writing, mathematics, science, and social sciences. | 13 |
| Beginning with the 2004-2005 school year, however, the State | 14 |
| Board of Education shall not test a student in the social | 15 |
| sciences (history, geography, civics, economics, and | 16 |
| government) as part of the Prairie State Achievement | 17 |
| Examination unless the student is retaking the Prairie State | 18 |
| Achievement Examination in the fall of 2004. In addition, the | 19 |
| State Board of Education shall not test a student in writing as | 20 |
| part of the Prairie State Achievement Examination during the | 21 |
| 2005-2006 school year. The
State Board of Education shall | 22 |
| establish the academic standards that are to
apply in measuring | 23 |
| student performance on the Prairie State Achievement
| 24 |
| Examination including the minimum examination score in each | 25 |
| area that will
qualify a student to receive a Prairie State | 26 |
| Achievement Award from the State
in recognition of the |
|
|
|
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|
| 1 |
| student's excellent performance. Each school district
that is | 2 |
| subject to the requirements of this subsection (c) shall afford | 3 |
| all
students 2 opportunities to take the Prairie State | 4 |
| Achievement Examination
beginning as late as practical during | 5 |
| the second semester of grade 11, but in
no event before March | 6 |
| 1. The State Board of Education shall annually notify
districts | 7 |
| of the weeks during which these test administrations shall be
| 8 |
| required to occur. Every individualized educational program as | 9 |
| described in
Article 14 shall identify if the Prairie State | 10 |
| Achievement Examination or
components thereof are appropriate | 11 |
| for that student. Each student, exclusive of
a student whose | 12 |
| individualized educational program developed under Article 14
| 13 |
| identifies the Prairie State Achievement Examination as | 14 |
| inappropriate for the
student, shall be required to take the | 15 |
| examination in grade 11. For each
academic area the State Board | 16 |
| of Education shall establish the score that
qualifies for the | 17 |
| Prairie State Achievement Award on that portion of the
| 18 |
| examination. Any student who fails to earn a qualifying score | 19 |
| for a Prairie
State Achievement Award in any one or more of the | 20 |
| academic areas on the initial
test administration or who wishes | 21 |
| to improve his or her score on any portion of
the examination | 22 |
| shall be permitted to retake such portion or portions of the
| 23 |
| examination during grade 12. Districts shall inform their | 24 |
| students of the
timelines and procedures applicable to their | 25 |
| participation in every yearly
administration of the Prairie | 26 |
| State Achievement Examination. Students
receiving special |
|
|
|
SB1156 |
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LRB095 04610 NHT 24667 b |
|
| 1 |
| education services whose individualized educational programs
| 2 |
| identify the Prairie State Achievement Examination as | 3 |
| inappropriate for them
nevertheless shall have the option of | 4 |
| taking the examination, which shall be
administered to those | 5 |
| students in accordance with standards adopted by the
State | 6 |
| Board of Education to accommodate the respective disabilities | 7 |
| of those
students. A student who successfully completes all | 8 |
| other applicable high
school graduation requirements but fails | 9 |
| to receive a score on the Prairie
State Achievement Examination | 10 |
| that qualifies the student for receipt of a
Prairie State | 11 |
| Achievement Award shall nevertheless qualify for the receipt
of | 12 |
| a regular high school diploma. In no case, however, shall a | 13 |
| student receive a regular high school diploma without taking | 14 |
| the Prairie State Achievement Examination, unless the student | 15 |
| is exempted from taking the Prairie State Achievement | 16 |
| Examination under this subsection (c) because (i) the student's | 17 |
| individualized educational program developed under Article 14 | 18 |
| of this Code identifies the Prairie State Achievement | 19 |
| Examination as inappropriate for the student, (ii) the student | 20 |
| is exempt due to the student's lack of English language | 21 |
| proficiency under subsection (a) of this Section, or (iii) the | 22 |
| student is enrolled in a program of Adult and Continuing | 23 |
| Education as defined in the Adult Education Act.
| 24 |
| (d) Beginning with the 2002-2003 school year, all schools | 25 |
| in this
State that are part of the sample drawn by the National | 26 |
| Center for
Education Statistics, in collaboration with their |
|
|
|
SB1156 |
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LRB095 04610 NHT 24667 b |
|
| 1 |
| school districts and the
State Board of Education, shall | 2 |
| administer the biennial State academic
assessments of 4th and | 3 |
| 8th grade reading and mathematics under the
National Assessment | 4 |
| of Educational Progress carried out under Section
m11(b)(2) of | 5 |
| the National Education Statistics Act of 1994 (20 U.S.C.
9010) | 6 |
| if the Secretary of Education pays the costs of administering | 7 |
| the
assessments.
| 8 |
| (e) Beginning no later than the 2005-2006 school year, | 9 |
| subject to
available federal funds to this State for the | 10 |
| purpose of student
assessment, the State Board of Education | 11 |
| shall provide additional tests
and assessment resources that | 12 |
| may be used by school districts for local
diagnostic purposes. | 13 |
| These tests and resources shall include without
limitation | 14 |
| additional high school writing, physical development and
| 15 |
| health, and fine arts assessments. The State Board of Education | 16 |
| shall
annually distribute a listing of these additional tests | 17 |
| and resources,
using funds available from appropriations made | 18 |
| for student assessment
purposes.
| 19 |
| (f) For the assessment and accountability purposes of this | 20 |
| Section,
"all pupils" includes those pupils enrolled in a | 21 |
| public or
State-operated elementary school, secondary school, | 22 |
| or cooperative or
joint agreement with a governing body or | 23 |
| board of control, a charter
school operating in compliance with | 24 |
| the Charter Schools Law, a school
operated by a regional office | 25 |
| of education under Section 13A-3 of this
Code, or a public | 26 |
| school administered by a local public agency or the
Department |
|
|
|
SB1156 |
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LRB095 04610 NHT 24667 b |
|
| 1 |
| of Human Services.
| 2 |
| (Source: P.A. 93-426, eff. 8-5-03; 93-838, eff. 7-30-04; | 3 |
| 93-857, eff. 8-3-04; 94-69, eff. 7-1-05; 94-642, eff. 1-1-06; | 4 |
| 94-875, eff. 7-1-06.)
| 5 |
| (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 6 |
| Sec. 10-21.9. Criminal history records checks and checks of | 7 |
| the Statewide Sex Offender Database and Statewide Child | 8 |
| Murderer and Violent Offender Against Youth Database .
| 9 |
| (a) Certified and noncertified applicants for employment | 10 |
| with a school
district, except school bus driver applicants, | 11 |
| are required as a condition
of employment to authorize a | 12 |
| fingerprint-based criminal history records check to determine | 13 |
| if such applicants have been convicted of any of
the enumerated | 14 |
| criminal or drug offenses in subsection (c) of this Section or
| 15 |
| have been convicted, within 7 years of the application for | 16 |
| employment with
the
school district, of any other felony under | 17 |
| the laws of this State or of any
offense committed or attempted | 18 |
| in any other state or against the laws of
the United States | 19 |
| that, if committed or attempted in this State, would
have been | 20 |
| punishable as a felony under the laws of this State.
| 21 |
| Authorization for
the check shall be furnished by the applicant | 22 |
| to
the school district, except that if the applicant is a | 23 |
| substitute teacher
seeking employment in more than one school | 24 |
| district, a teacher seeking
concurrent part-time employment | 25 |
| positions with more than one school
district (as a reading |
|
|
|
SB1156 |
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LRB095 04610 NHT 24667 b |
|
| 1 |
| specialist, special education teacher or otherwise),
or an | 2 |
| educational support personnel employee seeking employment | 3 |
| positions
with more than one district, any such district may | 4 |
| require the applicant to
furnish authorization for
the check to | 5 |
| the regional superintendent
of the educational service region | 6 |
| in which are located the school districts
in which the | 7 |
| applicant is seeking employment as a substitute or concurrent
| 8 |
| part-time teacher or concurrent educational support personnel | 9 |
| employee.
Upon receipt of this authorization, the school | 10 |
| district or the appropriate
regional superintendent, as the | 11 |
| case may be, shall submit the applicant's
name, sex, race, date | 12 |
| of birth, and social security number , fingerprint images, and | 13 |
| other identifiers , as prescribed by the Department
of State | 14 |
| Police, to the Department. The regional
superintendent | 15 |
| submitting the requisite information to the Department of
State | 16 |
| Police shall promptly notify the school districts in which the
| 17 |
| applicant is seeking employment as a substitute or concurrent | 18 |
| part-time
teacher or concurrent educational support personnel | 19 |
| employee that
the
check of the applicant has been requested. | 20 |
| The Department of State Police and the Federal Bureau of | 21 |
| Investigation shall furnish, pursuant to a fingerprint-based
| 22 |
| criminal history records check, records of convictions, until | 23 |
| expunged, to the president of the school board for the school | 24 |
| district that requested the check, or to the regional | 25 |
| superintendent who requested the check.
The
Department shall | 26 |
| charge
the school district
or the appropriate regional |
|
|
|
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LRB095 04610 NHT 24667 b |
|
| 1 |
| superintendent a fee for
conducting
such check, which fee shall | 2 |
| be deposited in the State
Police Services Fund and shall not | 3 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 4 |
| charged a fee for
such check by the school
district or by the | 5 |
| regional superintendent. Subject to appropriations for these | 6 |
| purposes, the State Superintendent of Education shall | 7 |
| reimburse school districts and regional superintendents for | 8 |
| fees paid to obtain criminal history records checks under this | 9 |
| Section.
| 10 |
| (a-5) The school district or regional superintendent shall | 11 |
| further perform a check of the Statewide Sex Offender Database, | 12 |
| as authorized by the Sex Offender Community Notification Law, | 13 |
| for each applicant.
| 14 |
| (a-6) The school district or regional superintendent shall | 15 |
| further perform a check of the Statewide Child Murderer and | 16 |
| Violent Offender Against Youth Database, as authorized by the | 17 |
| Child Murderer and Violent Offender Against Youth Community | 18 |
| Notification Law, for each applicant.
| 19 |
| (b)
Any information
concerning the record of convictions | 20 |
| obtained by the president of the
school board or the regional | 21 |
| superintendent shall be confidential and may
only be | 22 |
| transmitted to the superintendent of the school district or his
| 23 |
| designee, the appropriate regional superintendent if
the check | 24 |
| was
requested by the school district, the presidents of the | 25 |
| appropriate school
boards if
the check was requested from the | 26 |
| Department of State
Police by the regional superintendent, the |
|
|
|
SB1156 |
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LRB095 04610 NHT 24667 b |
|
| 1 |
| State Superintendent of
Education, the State Teacher | 2 |
| Certification Board or any other person
necessary to the | 3 |
| decision of hiring the applicant for employment. A copy
of the | 4 |
| record of convictions obtained from the Department of State | 5 |
| Police
shall be provided to the applicant for employment. Upon | 6 |
| the check of the Statewide Sex Offender Database, the school | 7 |
| district or regional superintendent shall notify an applicant | 8 |
| as to whether or not the applicant has been identified in the | 9 |
| Database as a sex offender. If a check of
an applicant for | 10 |
| employment as a substitute or concurrent part-time teacher
or | 11 |
| concurrent educational support personnel employee in more than | 12 |
| one
school district was requested by the regional | 13 |
| superintendent, and the
Department of State Police upon a check | 14 |
| ascertains that the applicant
has not been convicted of any of | 15 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 16 |
| has not been convicted, within 7 years of the
application for
| 17 |
| employment with the
school district, of any other felony under | 18 |
| the laws of this State or of any
offense committed or attempted | 19 |
| in any other state or against the laws of
the United States | 20 |
| that, if committed or attempted in this State, would
have been | 21 |
| punishable as a felony under the laws of this State
and so | 22 |
| notifies the regional
superintendent and if the regional | 23 |
| superintendent upon a check ascertains that the applicant has | 24 |
| not been identified in the Sex Offender Database as a sex | 25 |
| offender, then the
regional superintendent shall issue to the | 26 |
| applicant a certificate
evidencing that as of the date |
|
|
|
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| 1 |
| specified by the Department of State Police
the applicant has | 2 |
| not been convicted of any of the enumerated criminal or
drug | 3 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 4 |
| years of the application for employment with the
school | 5 |
| district, of any other felony under the laws of this State or | 6 |
| of any
offense committed or attempted in any other state or | 7 |
| against the laws of
the United States that, if committed or | 8 |
| attempted in this State, would
have been punishable as a felony | 9 |
| under the laws of this State and evidencing that as of the date | 10 |
| that the regional superintendent conducted a check of the | 11 |
| Statewide Sex Offender Database, the applicant has not been | 12 |
| identified in the Database as a sex offender. The school
board | 13 |
| of
any
school district
may rely on the
certificate issued by | 14 |
| any regional superintendent to that substitute teacher, | 15 |
| concurrent part-time teacher, or concurrent educational | 16 |
| support personnel employee or may
initiate its own criminal | 17 |
| history records check of the applicant through the Department | 18 |
| of
State Police and its own check of the Statewide Sex Offender | 19 |
| Database as provided in subsection (a). Any person who releases | 20 |
| any
confidential information concerning any criminal | 21 |
| convictions of an
applicant for employment shall be guilty of a | 22 |
| Class A misdemeanor, unless
the release of such information is | 23 |
| authorized by this Section.
| 24 |
| (c) No school board shall knowingly employ a person who has | 25 |
| been
convicted for committing attempted first degree murder or | 26 |
| for committing or
attempting to commit first degree murder or a |
|
|
|
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| 1 |
| Class X felony or any one or
more of the
following offenses: | 2 |
| (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| 3 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | 4 |
| 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | 5 |
| Criminal Code of 1961; (ii)
those defined in the Cannabis | 6 |
| Control Act except those defined in Sections
4(a), 4(b) and | 7 |
| 5(a) of that Act; (iii) those defined in the Illinois
| 8 |
| Controlled Substances Act; (iv) those defined in the | 9 |
| Methamphetamine Control and Community Protection Act; and (v) | 10 |
| any
offense committed or attempted in
any other state or | 11 |
| against the laws of the United States, which if
committed or | 12 |
| attempted in this State, would have been punishable as one or
| 13 |
| more of the foregoing offenses.
Further, no school board shall | 14 |
| knowingly employ a person who has been found
to be the | 15 |
| perpetrator of sexual or physical abuse of any minor under 18 | 16 |
| years
of age pursuant to proceedings under Article II of the | 17 |
| Juvenile Court Act of
1987.
| 18 |
| (d) No school board shall knowingly employ a person for | 19 |
| whom a criminal
history records check and a Statewide Sex | 20 |
| Offender Database check has not been initiated.
| 21 |
| (e) Upon receipt of the record of a conviction of or a | 22 |
| finding of child
abuse by a holder of any
certificate issued | 23 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 24 |
| Code, the appropriate regional superintendent of schools or the
| 25 |
| State Superintendent of Education shall initiate the | 26 |
| certificate suspension
and revocation proceedings authorized |
|
|
|
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|
| 1 |
| by law.
| 2 |
| (f) After January 1, 1990 the provisions of this Section | 3 |
| shall apply
to all employees of persons or firms holding | 4 |
| contracts with any school
district including, but not limited | 5 |
| to, food service workers, school bus
drivers and other | 6 |
| transportation employees, who have direct, daily contact
with | 7 |
| the pupils of any school in such district. For purposes of | 8 |
| criminal
history records checks and checks of the Statewide Sex | 9 |
| Offender Database on employees of persons or firms holding
| 10 |
| contracts with more than one school district and assigned to | 11 |
| more than one
school district, the regional superintendent of | 12 |
| the educational service
region in which the contracting school | 13 |
| districts are located may, at the
request of any such school | 14 |
| district, be responsible for receiving the
authorization for
a | 15 |
| criminal history records check prepared by each such employee | 16 |
| and
submitting the same to the Department of State Police and | 17 |
| for conducting a check of the Statewide Sex Offender Database | 18 |
| for each employee. Any information
concerning the record of | 19 |
| conviction and identification as a sex offender of any such | 20 |
| employee obtained by the
regional superintendent shall be | 21 |
| promptly reported to the president of the
appropriate school | 22 |
| board or school boards.
| 23 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 24 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; 94-875, eff. | 25 |
| 7-1-06; 94-945, eff. 6-27-06; revised 8-3-06.)
|
|
|
|
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|
| 1 |
| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| 2 |
| Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 3 |
| custody or control of any child between the ages of 7 and 16
17
| 4 |
| years (unless the child has already graduated from high school)
| 5 |
| shall cause such child to attend some public school in the | 6 |
| district
wherein the child resides the entire time it is in | 7 |
| session during the
regular school term, except as provided in | 8 |
| Section 10-19.1, and during a
required summer school program | 9 |
| established under Section 10-22.33B; provided,
that
the | 10 |
| following children shall not be required to attend the public | 11 |
| schools:
| 12 |
| 1. Any child attending a private or a parochial school | 13 |
| where children
are taught the branches of education taught | 14 |
| to children of corresponding
age and grade in the public | 15 |
| schools, and where the instruction of the child
in the | 16 |
| branches of education is in the English language;
| 17 |
| 2. Any child who is physically or mentally unable to | 18 |
| attend school, such
disability being certified to the | 19 |
| county or district truant officer by a
competent physician | 20 |
| licensed in Illinois to practice medicine and surgery in | 21 |
| all its branches, an advanced practice nurse who has a | 22 |
| written collaborative agreement with a collaborating | 23 |
| physician that authorizes the advanced practice nurse to | 24 |
| perform health examinations, a physician assistant who has | 25 |
| been delegated the authority to perform health | 26 |
| examinations by his or her supervising physician, or a |
|
|
|
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|
| 1 |
| Christian Science practitioner residing in this
State and | 2 |
| listed in the Christian Science Journal; or who is excused | 3 |
| for
temporary absence for cause by
the principal or teacher | 4 |
| of the school which the child attends; the exemptions
in | 5 |
| this paragraph (2) do not apply to any female who is | 6 |
| pregnant or the
mother of one or more children, except | 7 |
| where a female is unable to attend
school due to a | 8 |
| complication arising from her pregnancy and the existence
| 9 |
| of such complication is certified to the county or district | 10 |
| truant officer
by a competent physician;
| 11 |
| 3. Any child necessarily and lawfully employed | 12 |
| according to the
provisions of the law regulating child | 13 |
| labor may be excused from attendance
at school by the | 14 |
| county superintendent of schools or the superintendent of
| 15 |
| the public school which the child should be attending, on | 16 |
| certification of
the facts by and the recommendation of the | 17 |
| school board of the public
school district in which the | 18 |
| child resides. In districts having part time
continuation | 19 |
| schools, children so excused shall attend such schools at
| 20 |
| least 8 hours each week;
| 21 |
| 4. Any child over 12 and under 14 years of age while in | 22 |
| attendance at
confirmation classes;
| 23 |
| 5. Any child absent from a public school on a | 24 |
| particular day or days
or at a particular time of day for | 25 |
| the reason that he is unable to attend
classes or to | 26 |
| participate in any examination, study or work requirements |
|
|
|
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|
| 1 |
| on
a particular day or days or at a particular time of day, | 2 |
| because the tenets
of his religion forbid secular activity | 3 |
| on a particular day or days or at a
particular time of day. | 4 |
| Each school board shall prescribe rules and
regulations | 5 |
| relative to absences for religious holidays including, but | 6 |
| not
limited to, a list of religious holidays on which it | 7 |
| shall be mandatory to
excuse a child; but nothing in this | 8 |
| paragraph 5 shall be construed to limit
the right of any | 9 |
| school board, at its discretion, to excuse an absence on
| 10 |
| any other day by reason of the observance of a religious | 11 |
| holiday. A school
board may require the parent or guardian | 12 |
| of a child who is to be excused
from attending school due | 13 |
| to the observance of a religious holiday to give
notice, | 14 |
| not exceeding 5 days, of the child's absence to the school
| 15 |
| principal or other school personnel. Any child excused from | 16 |
| attending
school under this paragraph 5 shall not be | 17 |
| required to submit a written
excuse for such absence after | 18 |
| returning to school; and | 19 |
| 6. (Blank).
Any child 16 years of age or older who (i) | 20 |
| submits to a school district evidence of necessary and | 21 |
| lawful employment pursuant to paragraph 3 of this Section | 22 |
| and (ii) is enrolled in a graduation incentives program | 23 |
| pursuant to Section 26-16 of this Code or an alternative | 24 |
| learning opportunities program established pursuant to | 25 |
| Article 13B of this Code.
| 26 |
| (Source: P.A. 93-858, eff. 1-1-05; 94-350, eff. 7-28-05.)
|
|
|
|
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|
| 1 |
| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 2 |
| Sec. 26-2. Enrolled pupils below 7 or over 16
17 .
| 3 |
| (a) Any person having custody or
control of a child who is | 4 |
| below the age of 7 years or is 16
17 years of age or above
and | 5 |
| who is enrolled in any of grades 1 through 12
in the public | 6 |
| school shall
cause him to attend the public school in the | 7 |
| district wherein he resides when
it is in session during the | 8 |
| regular school term, unless he is excused under
paragraph 2, 3, | 9 |
| 4, or 5 , or 6 of Section 26-1.
| 10 |
| (b) A school district shall deny reenrollment in its | 11 |
| secondary schools
to any
child 19 years of age or above who has | 12 |
| dropped out of school
and who could
not, because of age and | 13 |
| lack of credits, attend classes during the normal
school year | 14 |
| and graduate before his or her twenty-first birthday.
A | 15 |
| district may, however, enroll the child in a graduation | 16 |
| incentives program under Section 26-16 of this Code or an | 17 |
| alternative learning
opportunities program established
under | 18 |
| Article 13B.
No
child shall be denied reenrollment for the | 19 |
| above reasons
unless the school district first offers the child
| 20 |
| due process as required in cases of expulsion under Section
| 21 |
| 10-22.6. If a child is denied reenrollment after being provided | 22 |
| with due
process, the school district must provide counseling | 23 |
| to that child and
must direct that child to
alternative | 24 |
| educational
programs, including adult education programs, that | 25 |
| lead to graduation or
receipt of a GED diploma.
|
|
|
|
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|
| 1 |
| (c) A school or school district may deny enrollment to a | 2 |
| student 16
17 years
of age
or older for one semester for | 3 |
| failure to meet minimum academic standards if all
of the
| 4 |
| following conditions are met:
| 5 |
| (1) The student achieved a grade point average of less | 6 |
| than "D" (or its
equivalent)
in the semester immediately | 7 |
| prior to the current semester.
| 8 |
| (2) The student and the student's parent or guardian | 9 |
| are given written
notice
warning that the student is | 10 |
| failing academically and is subject to denial from
| 11 |
| enrollment for one semester unless a "D" average (or its | 12 |
| equivalent) or better
is attained in the
current
semester.
| 13 |
| (3) The parent or guardian is provided with the right | 14 |
| to appeal the
notice, as
determined by the State Board of | 15 |
| Education in accordance with due process.
| 16 |
| (4) The student is provided with an academic | 17 |
| improvement plan and academic
remediation services.
| 18 |
| (5) The student fails to achieve a "D" average (or its | 19 |
| equivalent) or
better in the current
semester.
| 20 |
| A school or school district may deny enrollment to a | 21 |
| student 16
17 years of age
or
older for one semester for | 22 |
| failure to meet minimum attendance standards if all
of the
| 23 |
| following conditions are met:
| 24 |
| (1) The student was absent without valid cause for 20% | 25 |
| or more of the
attendance
days in the semester immediately | 26 |
| prior to the current semester.
|
|
|
|
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|
| 1 |
| (2) The student and the student's parent or guardian | 2 |
| are given written
notice
warning that the student is | 3 |
| subject to denial from enrollment for one
semester
unless | 4 |
| the student is absent without valid cause less than 20% of | 5 |
| the
attendance days
in the current semester.
| 6 |
| (3) The student's parent or guardian is provided with | 7 |
| the right to appeal
the
notice, as determined by the State | 8 |
| Board of Education in accordance with due
process.
| 9 |
| (4) The student is provided with attendance | 10 |
| remediation services,
including
without limitation | 11 |
| assessment, counseling, and support services.
| 12 |
| (5) The student is absent without valid cause for 20% | 13 |
| or more of the
attendance
days in the current semester.
| 14 |
| A school or school district may not deny enrollment to a | 15 |
| student (or
reenrollment
to a dropout) who is at least 16
17
| 16 |
| years of age or older but below 19
years for more
than one | 17 |
| consecutive semester for failure to meet academic or attendance
| 18 |
| standards.
| 19 |
| (d) No child may be denied enrollment or reenrollment under | 20 |
| this
Section in violation
of the Individuals with Disabilities | 21 |
| Education Act or the Americans with
Disabilities Act.
| 22 |
| (e) In this subsection (e), "reenrolled student" means a | 23 |
| dropout who has
reenrolled
full-time in a public school. Each | 24 |
| school district shall identify, track, and
report on the
| 25 |
| educational progress and outcomes of reenrolled students as a | 26 |
| subset of the
district's
required reporting on all enrollments.
|
|
|
|
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|
| 1 |
| A reenrolled student who again drops out must not be counted | 2 |
| again
against a district's dropout rate performance measure.
| 3 |
| The State
Board of Education shall set performance standards | 4 |
| for programs serving
reenrolled
students.
| 5 |
| (f) The State Board of Education shall adopt any rules | 6 |
| necessary to
implement the
changes to this Section made by | 7 |
| Public Act 93-803.
| 8 |
| (Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04; 93-858, | 9 |
| eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 10 |
| (105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
| 11 |
| Sec. 26-14. Truancy programs for dropouts. Any dropout, as | 12 |
| defined in
Section 26-2a, who is 16 or 17 years of age
may | 13 |
| apply to a school district
for status as a truant, and the | 14 |
| school district shall permit such person to
participate in the | 15 |
| district's various programs and resources for truants.
At the | 16 |
| time of the person's application, the district may request
| 17 |
| documentation of his dropout status for the previous 6 months.
| 18 |
| (Source: P.A. 93-858, eff. 1-1-05.)
| 19 |
| (105 ILCS 5/26-16) | 20 |
| Sec. 26-16. Graduation incentives program.
| 21 |
| (a) The General Assembly finds that it is critical to | 22 |
| provide options for children to succeed in school. The purpose | 23 |
| of this Section is to provide incentives for and encourage all | 24 |
| Illinois students who have experienced or are experiencing |
|
|
|
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|
| 1 |
| difficulty in the traditional education system to enroll in | 2 |
| alternative programs. | 3 |
| (b) Any student who is below the age of 20 years is | 4 |
| eligible to enroll in a graduation incentives program if he or | 5 |
| she: | 6 |
| (1) is considered a dropout pursuant to Section 26-2a | 7 |
| of this Code; | 8 |
| (2) has been suspended or expelled pursuant to Section | 9 |
| 10-22.6 or 34-19 of
this Code; | 10 |
| (3) is pregnant or is a parent; | 11 |
| (4) has been assessed as chemically dependent; or | 12 |
| (5) is enrolled in a bilingual education or LEP | 13 |
| program. | 14 |
| (c) The following programs qualify as graduation | 15 |
| incentives programs for students meeting the criteria | 16 |
| established in this Section: | 17 |
| (1) Any public elementary or secondary education | 18 |
| graduation incentives program established by a school | 19 |
| district or by a regional office of education. | 20 |
| (2) Any alternative learning opportunities program | 21 |
| established pursuant to Article 13B of this Code. | 22 |
| (3) Vocational or job training courses approved by the | 23 |
| State Superintendent of Education that are available | 24 |
| through the Illinois public community college system. | 25 |
| Students may apply for reimbursement of 50% of tuition | 26 |
| costs for one course per semester or a maximum of 3 courses |
|
|
|
SB1156 |
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|
| 1 |
| per school year. Subject to available funds, students may | 2 |
| apply for reimbursement of up to 100% of tuition costs upon | 3 |
| a showing of employment within 6 months after completion of | 4 |
| a vocational or job training program. The qualifications | 5 |
| for reimbursement shall be established by the State | 6 |
| Superintendent of Education by rule. | 7 |
| (4) Job and career programs approved by the State | 8 |
| Superintendent of Education that are available through | 9 |
| Illinois-accredited private business and vocational | 10 |
| schools. Subject to available funds, pupils may apply for | 11 |
| reimbursement of up to 100% of tuition costs upon a showing | 12 |
| of employment within 6 months after completion of a job or | 13 |
| career program. The State Superintendent of Education | 14 |
| shall establish, by rule, the qualifications for | 15 |
| reimbursement, criteria for determining reimbursement | 16 |
| amounts, and limits on reimbursement. | 17 |
| (5) Adult education courses that offer preparation for | 18 |
| the General Educational Development Test. | 19 |
| (d) Graduation incentives programs established by school | 20 |
| districts are entitled to claim general State aid, subject to | 21 |
| Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. | 22 |
| Graduation incentives programs operated by regional offices of | 23 |
| education are entitled to receive general State aid at the | 24 |
| foundation level of support per pupil enrolled. A school | 25 |
| district must ensure that its graduation incentives program | 26 |
| receives supplemental general State aid, transportation |
|
|
|
SB1156 |
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|
| 1 |
| reimbursements, and special education resources, if | 2 |
| appropriate, for students enrolled in the program.
| 3 |
| (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 4 |
| (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
| 5 |
| Sec. 27-8.1. Health examinations and immunizations.
| 6 |
| (1) In compliance with rules and regulations which the | 7 |
| Department of Public
Health shall promulgate, and except as | 8 |
| hereinafter provided, all children in
Illinois shall have a | 9 |
| health examination as follows: within one year prior to
| 10 |
| entering kindergarten or the first grade of any public, | 11 |
| private, or parochial
elementary school; upon entering the | 12 |
| fifth and ninth grades of any public,
private, or parochial | 13 |
| school; prior to entrance into any public, private, or
| 14 |
| parochial nursery school; and, irrespective of grade, | 15 |
| immediately prior to or
upon entrance into any public, private, | 16 |
| or parochial school or nursery school,
each child shall present | 17 |
| proof of having been examined in accordance with this
Section | 18 |
| and the rules and regulations promulgated hereunder.
| 19 |
| A tuberculosis skin test screening shall be included as a | 20 |
| required part of
each health examination included under this | 21 |
| Section if the child resides in an
area designated by the | 22 |
| Department of Public Health as having a high incidence
of | 23 |
| tuberculosis. Additional health examinations of pupils, | 24 |
| including dental and vision examinations, may be required when | 25 |
| deemed necessary by school
authorities. Parents are encouraged |
|
|
|
SB1156 |
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|
| 1 |
| to have their children undergo dental and vision examinations | 2 |
| at the same points in time required for health
examinations.
| 3 |
| (1.5) (Blank).
In compliance with rules adopted by the | 4 |
| Department of Public Health and except as otherwise provided in | 5 |
| this Section, all children in kindergarten and the second and | 6 |
| sixth grades of any public, private, or parochial school shall | 7 |
| have a dental examination. Each of these children shall present | 8 |
| proof of having been examined by a dentist in accordance with | 9 |
| this Section and rules adopted under this Section before May | 10 |
| 15th of the school year. If a child in the second or sixth | 11 |
| grade fails to present proof by May 15th, the school may hold | 12 |
| the child's report card until one of the following occurs: (i) | 13 |
| the child presents proof of a completed dental examination or | 14 |
| (ii) the child presents proof that a dental examination will | 15 |
| take place within 60 days after May 15th. The Department of | 16 |
| Public Health shall establish, by rule, a waiver for children | 17 |
| who show an undue burden or a lack of access to a dentist. Each | 18 |
| public, private, and parochial school must give notice of this | 19 |
| dental examination requirement to the parents and guardians of | 20 |
| students at least 60 days before May 15th of each school year.
| 21 |
| (2) The Department of Public Health shall promulgate rules | 22 |
| and regulations
specifying the examinations and procedures | 23 |
| that constitute a health examination , which shall include the | 24 |
| collection of data relating to obesity,
including at a minimum, | 25 |
| date of birth, gender, height, weight, blood pressure, and date | 26 |
| of exam,
and a dental examination and may recommend by rule |
|
|
|
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|
| 1 |
| that certain additional examinations be performed.
The rules | 2 |
| and regulations of the Department of Public Health shall | 3 |
| specify that
a tuberculosis skin test screening shall be | 4 |
| included as a required part of each
health examination included | 5 |
| under this Section if the child resides in an area
designated | 6 |
| by the Department of Public Health as having a high incidence | 7 |
| of
tuberculosis.
The Department of Public Health shall specify | 8 |
| that a diabetes
screening as defined by rule shall be included | 9 |
| as a required part of each
health examination.
Diabetes testing | 10 |
| is not required.
| 11 |
| Physicians licensed to practice medicine in all of its | 12 |
| branches, advanced
practice nurses who have a written | 13 |
| collaborative agreement with
a collaborating physician which | 14 |
| authorizes them to perform health
examinations, or physician | 15 |
| assistants who have been delegated the
performance of health | 16 |
| examinations by their supervising physician
shall be
| 17 |
| responsible for the performance of the health examinations, | 18 |
| other than dental
examinations and vision and hearing | 19 |
| screening, and shall sign all report forms
required by | 20 |
| subsection (4) of this Section that pertain to those portions | 21 |
| of
the health examination for which the physician, advanced | 22 |
| practice nurse, or
physician assistant is responsible.
If a | 23 |
| registered
nurse performs any part of a health examination, | 24 |
| then a physician licensed to
practice medicine in all of its | 25 |
| branches must review and sign all required
report forms. | 26 |
| Licensed dentists shall perform all dental examinations and
|
|
|
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| shall sign all report forms required by subsection (4) of this | 2 |
| Section that
pertain to the dental examinations. Physicians | 3 |
| licensed to practice medicine
in all its branches, or licensed | 4 |
| optometrists, shall perform all vision exams
required by school | 5 |
| authorities and shall sign all report forms required by
| 6 |
| subsection (4) of this Section that pertain to the vision exam. | 7 |
| Vision and
hearing screening tests, which shall not be | 8 |
| considered examinations as that
term is used in this Section, | 9 |
| shall be conducted in accordance with rules and
regulations of | 10 |
| the Department of Public Health, and by individuals whom the
| 11 |
| Department of Public Health has certified.
In these rules and | 12 |
| regulations, the Department of Public Health shall
require that | 13 |
| individuals conducting vision screening tests give a child's
| 14 |
| parent or guardian written notification, before the vision | 15 |
| screening is
conducted, that states, "Vision screening is not a | 16 |
| substitute for a
complete eye and vision evaluation by an eye | 17 |
| doctor. Your child is not
required to undergo this vision | 18 |
| screening if an optometrist or
ophthalmologist has completed | 19 |
| and signed a report form indicating that
an examination has | 20 |
| been administered within the previous 12 months."
| 21 |
| (3) Every child shall, at or about the same time as he or | 22 |
| she receives
a health examination required by subsection (1) of | 23 |
| this Section, present
to the local school proof of having | 24 |
| received such immunizations against
preventable communicable | 25 |
| diseases as the Department of Public Health shall
require by | 26 |
| rules and regulations promulgated pursuant to this Section and |
|
|
|
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| 1 |
| the
Communicable Disease Prevention Act.
| 2 |
| (4) The individuals conducting the health examination or | 3 |
| dental examination shall record the
fact of having conducted | 4 |
| the examination, and such additional information as
required, | 5 |
| including data relating to obesity,
including at a minimum, | 6 |
| date of birth, gender, height, weight, blood pressure, and date | 7 |
| of exam, on uniform forms which the Department of Public Health | 8 |
| and the State
Board of Education shall prescribe for statewide | 9 |
| use. The examiner shall
summarize on the report form any | 10 |
| condition that he or she suspects indicates a
need for special | 11 |
| services , including factors relating to obesity . The | 12 |
| individuals confirming the administration of
required | 13 |
| immunizations shall record as indicated on the form that the
| 14 |
| immunizations were administered.
| 15 |
| (5) If a child does not submit proof of having had either | 16 |
| the health
examination or the immunization as required, then | 17 |
| the child shall be examined
or receive the immunization, as the | 18 |
| case may be, and present proof by October
15 of the current | 19 |
| school year, or by an earlier date of the current school year
| 20 |
| established by a school district. To establish a date before | 21 |
| October 15 of the
current school year for the health | 22 |
| examination or immunization as required, a
school district must | 23 |
| give notice of the requirements of this Section 60 days
prior | 24 |
| to the earlier established date. If for medical reasons one or | 25 |
| more of
the required immunizations must be given after October | 26 |
| 15 of the current school
year, or after an earlier established |
|
|
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| date of the current school year, then
the child shall present, | 2 |
| by October 15, or by the earlier established date, a
schedule | 3 |
| for the administration of the immunizations and a statement of | 4 |
| the
medical reasons causing the delay, both the schedule and | 5 |
| the statement being
issued by the physician, advanced practice | 6 |
| nurse, physician assistant,
registered nurse, or local health | 7 |
| department that will
be responsible for administration of the | 8 |
| remaining required immunizations. If
a child does not comply by | 9 |
| October 15, or by the earlier established date of
the current | 10 |
| school year, with the requirements of this subsection, then the
| 11 |
| local school authority shall exclude that child from school | 12 |
| until such time as
the child presents proof of having had the | 13 |
| health examination as required and
presents proof of having | 14 |
| received those required immunizations which are
medically | 15 |
| possible to receive immediately. During a child's exclusion | 16 |
| from
school for noncompliance with this subsection, the child's | 17 |
| parents or legal
guardian shall be considered in violation of | 18 |
| Section 26-1 and subject to any
penalty imposed by Section | 19 |
| 26-10. This subsection (5) does not apply to dental | 20 |
| examinations.
| 21 |
| (6) Every school shall report to the State Board of | 22 |
| Education by November
15, in the manner which that agency shall | 23 |
| require, the number of children who
have received the necessary | 24 |
| immunizations and the health examination (other than a dental | 25 |
| examination) as
required, indicating, of those who have not | 26 |
| received the immunizations and
examination as required, the |
|
|
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| number of children who are exempt from health
examination and | 2 |
| immunization requirements on religious or medical grounds as
| 3 |
| provided in subsection (8). Every school shall report to the | 4 |
| State Board of Education by June 30, in the manner that the | 5 |
| State Board requires, the number of children who have received | 6 |
| the required dental examination, indicating, of those who have | 7 |
| not received the required dental examination, the number of | 8 |
| children who are exempt from the dental examination on | 9 |
| religious grounds as provided in subsection (8) of this Section | 10 |
| and the number of children who have received a waiver under | 11 |
| subsection (1.5) of this Section. This reported information | 12 |
| shall be provided to the
Department of Public Health by the | 13 |
| State Board of Education.
| 14 |
| (7) Upon determining that the number of pupils who are | 15 |
| required to be in
compliance with subsection (5) of this | 16 |
| Section is below 90% of the number of
pupils enrolled in the | 17 |
| school district, 10% of each State aid payment made
pursuant to | 18 |
| Section 18-8.05 to the school district for such year shall be | 19 |
| withheld
by the regional superintendent until the number of | 20 |
| students in compliance with
subsection (5) is the applicable | 21 |
| specified percentage or higher.
| 22 |
| (8) Parents or legal guardians who object to health
or | 23 |
| dental examinations or any part thereof, or to immunizations, | 24 |
| on religious grounds
shall not be required to submit their | 25 |
| children or wards to the examinations
or immunizations to which | 26 |
| they so object if such parents or legal guardians
present to |
|
|
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| the appropriate local school authority a signed statement of
| 2 |
| objection, detailing the grounds for the objection. If the | 3 |
| physical condition
of the child is such that any one or more of | 4 |
| the immunizing agents should not
be administered, the examining | 5 |
| physician, advanced practice nurse, or
physician assistant | 6 |
| responsible for the performance of the
health examination shall | 7 |
| endorse that fact upon the health examination form.
Exempting a | 8 |
| child from the health or dental examination does not exempt the | 9 |
| child from
participation in the program of physical education | 10 |
| training provided in
Sections 27-5 through 27-7 of this Code.
| 11 |
| (9) For the purposes of this Section, "nursery schools" | 12 |
| means those nursery
schools operated by elementary school | 13 |
| systems or secondary level school units
or institutions of | 14 |
| higher learning.
| 15 |
| (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | 16 |
| 93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05; | 17 |
| revised 12-1-05.)
| 18 |
| (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
| 19 |
| Sec. 27-21. History of United States. History of the United | 20 |
| States shall be taught in all public schools and
in all other | 21 |
| educational institutions in this State supported or
| 22 |
| maintained, in whole or in part, by public funds. The teaching | 23 |
| of history
shall have as one of its objectives the imparting to | 24 |
| pupils of a
comprehensive idea of our democratic form of | 25 |
| government and the principles
for which our government stands |
|
|
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| as regards other nations, including the
studying of the place | 2 |
| of our government in world-wide movements and the
leaders | 3 |
| thereof, with particular stress upon the basic principles and
| 4 |
| ideals of our representative form of government. The teaching | 5 |
| of history
shall include a study of the role and contributions | 6 |
| of African Americans and
other ethnic groups including but not | 7 |
| restricted to Polish, Lithuanian, German,
Hungarian, Irish, | 8 |
| Bohemian, Russian, Albanian, Italian, Czech, Slovak,
French, | 9 |
| Scots, Hispanics, Asian Americans, etc., in the history of this
| 10 |
| country and this
State. The teaching of history also shall | 11 |
| include a study of the
role of labor unions and their | 12 |
| interaction with government in achieving the
goals of a mixed | 13 |
| free enterprise system. No pupils shall be graduated
from the | 14 |
| eighth grade of any
public school unless he has received such | 15 |
| instruction in the history of the
United States and gives | 16 |
| evidence of having a comprehensive knowledge
thereof.
| 17 |
| (Source: P.A. 92-27, eff. 7-1-01; 93-406, eff. 1-1-04.)
| 18 |
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| 19 |
| Sec. 34-18.5. Criminal history records checks and checks of | 20 |
| the Statewide Sex Offender Database and Statewide Child | 21 |
| Murderer and Violent Offender Against Youth Database .
| 22 |
| (a) Certified and noncertified applicants for
employment | 23 |
| with the school district are required as a condition of
| 24 |
| employment to authorize a fingerprint-based criminal history | 25 |
| records check to determine if such applicants
have been |
|
|
|
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| convicted of any of the enumerated criminal or drug offenses in
| 2 |
| subsection (c) of this Section or have been
convicted, within 7 | 3 |
| years of the application for employment with the
school | 4 |
| district, of any other felony under the laws of this State or | 5 |
| of any
offense committed or attempted in any other state or | 6 |
| against the laws of
the United States that, if committed or | 7 |
| attempted in this State, would
have been punishable as a felony | 8 |
| under the laws of this State. Authorization
for
the
check shall
| 9 |
| be furnished by the applicant to the school district, except | 10 |
| that if the
applicant is a substitute teacher seeking | 11 |
| employment in more than one
school district, or a teacher | 12 |
| seeking concurrent part-time employment
positions with more | 13 |
| than one school district (as a reading specialist,
special | 14 |
| education teacher or otherwise), or an educational support
| 15 |
| personnel employee seeking employment positions with more than | 16 |
| one
district, any such district may require the applicant to | 17 |
| furnish
authorization for
the check to the regional | 18 |
| superintendent of the
educational service region in which are | 19 |
| located the school districts in
which the applicant is seeking | 20 |
| employment as a substitute or concurrent
part-time teacher or | 21 |
| concurrent educational support personnel employee.
Upon | 22 |
| receipt of this authorization, the school district or the | 23 |
| appropriate
regional superintendent, as the case may be, shall | 24 |
| submit the applicant's
name, sex, race, date of birth, and
| 25 |
| social security number , fingerprint images, and other | 26 |
| identifiers , as prescribed by the Department
of State Police, |
|
|
|
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| 1 |
| to the Department. The regional
superintendent submitting the | 2 |
| requisite information to the Department of
State Police shall | 3 |
| promptly notify the school districts in which the
applicant is | 4 |
| seeking employment as a substitute or concurrent part-time
| 5 |
| teacher or concurrent educational support personnel employee | 6 |
| that
the
check of the applicant has been requested. The | 7 |
| Department of State
Police and the Federal Bureau of | 8 |
| Investigation shall furnish, pursuant to a fingerprint-based
| 9 |
| criminal history records check, records of convictions, until | 10 |
| expunged, to the president of the school board for the school | 11 |
| district that requested the check, or to the regional | 12 |
| superintendent who requested the check. The
Department shall | 13 |
| charge
the school district
or the appropriate regional | 14 |
| superintendent a fee for
conducting
such check, which fee shall | 15 |
| be deposited in the State
Police Services Fund and shall not | 16 |
| exceed the cost of the inquiry; and the
applicant shall not be | 17 |
| charged a fee for
such check by the school
district or by the | 18 |
| regional superintendent. Subject to appropriations for these | 19 |
| purposes, the State Superintendent of Education shall | 20 |
| reimburse the school district and regional superintendent for | 21 |
| fees paid to obtain criminal history records checks under this | 22 |
| Section.
| 23 |
| (a-5) The school district or regional superintendent shall | 24 |
| further perform a check of the Statewide Sex Offender Database, | 25 |
| as authorized by the Sex Offender Community Notification Law, | 26 |
| for each applicant. |
|
|
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| 1 |
| (a-6) The school district or regional superintendent shall | 2 |
| further perform a check of the Statewide Child Murderer and | 3 |
| Violent Offender Against Youth Database, as authorized by the | 4 |
| Child Murderer and Violent Offender Against Youth Community | 5 |
| Notification Law, for each applicant. | 6 |
| (b) Any
information concerning the record of convictions | 7 |
| obtained by the president
of the board of education or the | 8 |
| regional superintendent shall be
confidential and may only be | 9 |
| transmitted to the general superintendent of
the school | 10 |
| district or his designee, the appropriate regional
| 11 |
| superintendent if
the check was requested by the board of | 12 |
| education
for the school district, the presidents of the | 13 |
| appropriate board of
education or school boards if
the check | 14 |
| was requested from the
Department of State Police by the | 15 |
| regional superintendent, the State
Superintendent of | 16 |
| Education, the State Teacher Certification Board or any
other | 17 |
| person necessary to the decision of hiring the applicant for
| 18 |
| employment. A copy of the record of convictions obtained from | 19 |
| the
Department of State Police shall be provided to the | 20 |
| applicant for
employment. Upon the check of the Statewide Sex | 21 |
| Offender Database, the school district or regional | 22 |
| superintendent shall notify an applicant as to whether or not | 23 |
| the applicant has been identified in the Database as a sex | 24 |
| offender. If a check of an applicant for employment as a
| 25 |
| substitute or concurrent part-time teacher or concurrent | 26 |
| educational
support personnel employee in more than one school |
|
|
|
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| district was requested
by the regional superintendent, and the | 2 |
| Department of State Police upon
a check ascertains that the | 3 |
| applicant has not been convicted of any
of the enumerated | 4 |
| criminal or drug offenses in subsection (c)
or has not been
| 5 |
| convicted,
within 7 years of the application for employment | 6 |
| with the
school district, of any other felony under the laws of | 7 |
| this State or of any
offense committed or attempted in any | 8 |
| other state or against the laws of
the United States that, if | 9 |
| committed or attempted in this State, would
have been | 10 |
| punishable as a felony under the laws of this State and so
| 11 |
| notifies the regional superintendent and if the regional | 12 |
| superintendent upon a check ascertains that the applicant has | 13 |
| not been identified in the Sex Offender Database as a sex | 14 |
| offender, then the regional superintendent
shall issue to the | 15 |
| applicant a certificate evidencing that as of the date
| 16 |
| specified by the Department of State Police the applicant has | 17 |
| not been
convicted of any of the enumerated criminal or drug | 18 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 19 |
| years of the application for employment with the
school | 20 |
| district, of any other felony under the laws of this State or | 21 |
| of any
offense committed or attempted in any other state or | 22 |
| against the laws of
the United States that, if committed or | 23 |
| attempted in this State, would
have been punishable as a felony | 24 |
| under the laws of this State and evidencing that as of the date | 25 |
| that the regional superintendent conducted a check of the | 26 |
| Statewide Sex Offender Database, the applicant has not been |
|
|
|
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| identified in the Database as a sex offender. The school
board | 2 |
| of any school district may rely on the certificate issued by | 3 |
| any regional
superintendent to that substitute teacher, | 4 |
| concurrent part-time teacher, or concurrent educational | 5 |
| support personnel employee
or may initiate its own criminal | 6 |
| history records check of
the applicant through the Department | 7 |
| of State Police and its own check of the Statewide Sex Offender | 8 |
| Database as provided in
subsection (a). Any person who releases | 9 |
| any confidential information
concerning any criminal | 10 |
| convictions of an applicant for employment shall be
guilty of a | 11 |
| Class A misdemeanor, unless the release of such information is
| 12 |
| authorized by this Section.
| 13 |
| (c) The board of education shall not knowingly employ a | 14 |
| person who has
been convicted for committing attempted first | 15 |
| degree murder or for
committing or attempting to commit first | 16 |
| degree murder or a Class X felony
or any one or more of the
| 17 |
| following offenses: (i) those defined in Sections 11-6, 11-9, | 18 |
| 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | 19 |
| 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15
| 20 |
| and 12-16 of the Criminal Code of
1961; (ii) those defined in | 21 |
| the Cannabis Control Act,
except those defined in Sections | 22 |
| 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | 23 |
| Illinois Controlled Substances Act;
(iv) those defined in the | 24 |
| Methamphetamine Control and Community Protection Act; and (v) | 25 |
| any
offense committed or attempted in any other state or | 26 |
| against the laws of
the United States, which if committed or |
|
|
|
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| attempted in this State, would
have been punishable as one or | 2 |
| more of the foregoing offenses.
Further, the board of education | 3 |
| shall not knowingly employ a person who has
been found to be | 4 |
| the perpetrator of sexual or physical abuse of any minor under
| 5 |
| 18 years of age pursuant to proceedings under Article II of the | 6 |
| Juvenile Court
Act of 1987.
| 7 |
| (d) The board of education shall not knowingly employ a | 8 |
| person for whom
a criminal history records check and a | 9 |
| Statewide Sex Offender Database check has not been initiated.
| 10 |
| (e) Upon receipt of the record of a conviction of or a | 11 |
| finding of child
abuse by a holder of any
certificate issued | 12 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 13 |
| Code, the board of education or the State Superintendent of
| 14 |
| Education shall initiate the certificate suspension and | 15 |
| revocation
proceedings authorized by law.
| 16 |
| (f) After March 19, 1990, the provisions of this Section | 17 |
| shall apply to
all employees of persons or firms holding | 18 |
| contracts with any school district
including, but not limited | 19 |
| to, food service workers, school bus drivers and
other | 20 |
| transportation employees, who have direct, daily contact with | 21 |
| the
pupils of any school in such district. For purposes of | 22 |
| criminal history records checks and checks of the Statewide Sex | 23 |
| Offender Database on employees of persons or firms holding | 24 |
| contracts with more
than one school district and assigned to | 25 |
| more than one school district, the
regional superintendent of | 26 |
| the educational service region in which the
contracting school |
|
|
|
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| 1 |
| districts are located may, at the request of any such
school | 2 |
| district, be responsible for receiving the authorization for
a | 3 |
| criminal history records check prepared by each such employee | 4 |
| and submitting the same to the
Department of State Police and | 5 |
| for conducting a check of the Statewide Sex Offender Database | 6 |
| for each employee. Any information concerning the record of
| 7 |
| conviction and identification as a sex offender of any such | 8 |
| employee obtained by the regional superintendent
shall be | 9 |
| promptly reported to the president of the appropriate school | 10 |
| board
or school boards.
| 11 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 12 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; 94-875, eff. | 13 |
| 7-1-06; 94-945, eff. 6-27-06; revised 8-3-06.)
| 14 |
| Section 15. The Illinois Health Statistics Act is amended | 15 |
| by changing Section 4 as follows:
| 16 |
| (410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
| 17 |
| Sec. 4. (a) In carrying out the purposes of this Act, the | 18 |
| Department may:
| 19 |
| (1) Collect and maintain health data on:
| 20 |
| (i) The extent, nature, and impact of illness, | 21 |
| including factors relating to obesity and disability | 22 |
| on the population
of the State;
| 23 |
| (ii) The determinants of health and health hazards | 24 |
| including obesity;
|
|
|
|
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| 1 |
| (iii) Health resources, including the extent of | 2 |
| available manpower and resources;
| 3 |
| (iv) Utilization of health care;
| 4 |
| (v) Health care costs and financing; and
| 5 |
| (vi) Other health or health-related matters.
| 6 |
| (2) Undertake and support research, demonstrations, | 7 |
| and evaluations respecting
new or improved methods for | 8 |
| obtaining current data on the matters referred
to in | 9 |
| subparagraph (1).
| 10 |
| (b) The Department may collect health data under authority | 11 |
| granted by
any unit of local government and on behalf of other | 12 |
| governmental or not-for-profit
organizations , including data | 13 |
| collected by local schools and the State Board of Education | 14 |
| relating to obesity on the health examination form required | 15 |
| pursuant to Section 27-8.1 of the School Code . The data shall | 16 |
| be de-identified and aggregated pursuant to rules promulgated | 17 |
| by the Department to prevent disclosure of personal identifying | 18 |
| information.
| 19 |
| (c) The Department shall collect data only on a voluntary | 20 |
| basis from individuals
and organizations, except when there is | 21 |
| specific legal authority to compel
the mandatory reporting of | 22 |
| the health data so requested. In making any collection
of | 23 |
| health data from an individual or organization the Department | 24 |
| must give
to such individual or organization a written | 25 |
| statement which states:
| 26 |
| (1) Whether the individual or organization is required |
|
|
|
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| 1 |
| to respond, and
any sanctions for noncompliance;
| 2 |
| (2) The purposes for which the health data are being | 3 |
| collected; and
| 4 |
| (3) In the case of any disclosure of identifiable | 5 |
| health data for other
than research and statistical | 6 |
| purposes, the items to be disclosed, to whom
the data are | 7 |
| to be disclosed and the purposes for which the data are to | 8 |
| be disclosed.
| 9 |
| (d) Except as provided in Section 5, no health data | 10 |
| obtained in the course
of activities undertaken or supported | 11 |
| under this Act may be used for any purpose
other than the | 12 |
| purpose for which they were supplied or for which the | 13 |
| individual
or organization described in the data has otherwise | 14 |
| consented.
| 15 |
| (e) The Department shall take such actions as may be | 16 |
| necessary to assure
that statistics developed under this Act | 17 |
| are of high quality, timely, comprehensive,
as well as | 18 |
| specific, standardized and adequately analyzed and indexed.
| 19 |
| (f) The Department shall take such action as is appropriate | 20 |
| to effect
the coordination of health data activities , including | 21 |
| health data specifically relating to obesity collected | 22 |
| pursuant to Section 27-8.1 of the School Code, within the State | 23 |
| to eliminate
unnecessary duplication of data collection and | 24 |
| maximize the usefulness of
data collected.
| 25 |
| (g) The Department shall (1) participate with state, local | 26 |
| and federal
agencies in the design and implementation of a |
|
|
|
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|
| 1 |
| cooperative system for producing
comparable and uniform health | 2 |
| information and statistics at the federal,
state, and local | 3 |
| levels; and (2) undertake and support research, development,
| 4 |
| demonstrations, and evaluations respecting such cooperative | 5 |
| system.
| 6 |
| (Source: P.A. 93-966, eff. 1-1-05.)
| 7 |
| Section 20. The Minimum Wage Law is amended by changing | 8 |
| Section 4 as follows:
| 9 |
| (820 ILCS 105/4) (from Ch. 48, par. 1004)
| 10 |
| (Text of Section before amendment by P.A. 94-1072 )
| 11 |
| Sec. 4. (a) Every employer shall pay to each of his | 12 |
| employees in every
occupation wages of not less than $2.30 per | 13 |
| hour or in the case of
employees under 18 years of age wages of | 14 |
| not less than $1.95 per hour,
except as provided in Sections 5 | 15 |
| and 6 of this Act, and on and after
January 1, 1984, every | 16 |
| employer shall pay to each of his employees in every
occupation | 17 |
| wages of not less than $2.65 per hour or in the case of
| 18 |
| employees under 18 years of age wages of not less than $2.25 | 19 |
| per hour, and
on and after October 1, 1984 every employer shall | 20 |
| pay to each of his
employees in every occupation wages of not | 21 |
| less than $3.00 per hour or in
the case of employees under 18 | 22 |
| years of age wages of not less than $2.55
per hour, and on or | 23 |
| after July 1, 1985 every employer shall pay to each of
his | 24 |
| employees in every occupation wages of not less than $3.35 per |
|
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| hour or
in the case of employees under 18 years of age wages of | 2 |
| not less than $2.85
per hour,
and from January 1, 2004 through | 3 |
| December 31, 2004 every employer shall pay
to
each of his or | 4 |
| her employees who is 18 years of age or older in every
| 5 |
| occupation wages of not less than $5.50 per hour, and on and | 6 |
| after January 1,
2005 every employer shall pay to each of his | 7 |
| or her employees who is 18 years
of age or older in every | 8 |
| occupation wages of not less than $6.50 per hour.
| 9 |
| At no time
shall the wages paid to any employee under 18 | 10 |
| years of age be more than 50˘
less than the wage required to be | 11 |
| paid to employees who are at least 18 years
of age.
| 12 |
| (b) No employer shall discriminate between employees on the | 13 |
| basis of sex
or mental or physical handicap, except as | 14 |
| otherwise provided in this Act by
paying wages to employees at | 15 |
| a rate less than the rate at which he pays
wages to employees | 16 |
| for the same or substantially
similar work on jobs the | 17 |
| performance of which requires equal skill, effort,
and | 18 |
| responsibility, and which are performed under similar working
| 19 |
| conditions, except where such payment is made pursuant to (1) a | 20 |
| seniority
system; (2) a merit system; (3) a system which | 21 |
| measures earnings by
quantity or quality of production; or (4) | 22 |
| a differential based on any other
factor other than sex or | 23 |
| mental or physical handicap, except as otherwise
provided in | 24 |
| this Act.
| 25 |
| (c) Every employer of an employee engaged in an
occupation | 26 |
| in which gratuities have customarily and usually constituted |
|
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| and
have been recognized as part of the remuneration for hire | 2 |
| purposes is
entitled to an allowance for gratuities as part of | 3 |
| the hourly wage rate
provided in Section 4, subsection (a) in | 4 |
| an amount not to exceed 40% of the
applicable minimum wage | 5 |
| rate. The Director shall require each employer
desiring an | 6 |
| allowance for gratuities to provide substantial evidence that
| 7 |
| the amount claimed, which may not exceed 40% of the applicable | 8 |
| minimum wage
rate, was received by the employee in the period | 9 |
| for which the claim of
exemption is made, and no part thereof | 10 |
| was returned to the employer.
| 11 |
| (d) No camp counselor who resides on the premises of a | 12 |
| seasonal camp of
an organized not-for-profit corporation shall | 13 |
| be subject to the adult minimum
wage if the camp counselor (1) | 14 |
| works 40 or more hours per week, and (2)
receives a total | 15 |
| weekly salary of not less than the adult minimum
wage for a | 16 |
| 40-hour week. If the counselor works less than 40 hours per
| 17 |
| week, the counselor shall be paid the minimum hourly wage for | 18 |
| each hour
worked. Every employer of a camp counselor under this | 19 |
| subsection is entitled
to an allowance for meals and lodging as | 20 |
| part of the hourly wage rate provided
in Section 4, subsection | 21 |
| (a), in an amount not to exceed 25% of the
minimum wage rate.
| 22 |
| (e) A camp counselor employed at a day camp of an organized
| 23 |
| not-for-profit corporation is not subject to the adult minimum | 24 |
| wage if the
camp counselor is paid a stipend on a onetime or | 25 |
| periodic basis and, if
the camp counselor is a minor, the | 26 |
| minor's parent, guardian or other
custodian has consented in |
|
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| writing to the terms of payment before the
commencement of such | 2 |
| employment.
| 3 |
| (Source: P.A. 93-581, eff. 1-1-04.)
| 4 |
| (Text of Section after amendment by P.A. 94-1072 )
| 5 |
| Sec. 4. (a)(1) Every employer shall pay to each of his | 6 |
| employees in every
occupation wages of not less than $2.30 per | 7 |
| hour or in the case of
employees under 18 years of age wages of | 8 |
| not less than $1.95 per hour,
except as provided in Sections 5 | 9 |
| and 6 of this Act, and on and after
January 1, 1984, every | 10 |
| employer shall pay to each of his employees in every
occupation | 11 |
| wages of not less than $2.65 per hour or in the case of
| 12 |
| employees under 18 years of age wages of not less than $2.25 | 13 |
| per hour, and
on and after October 1, 1984 every employer shall | 14 |
| pay to each of his
employees in every occupation wages of not | 15 |
| less than $3.00 per hour or in
the case of employees under 18 | 16 |
| years of age wages of not less than $2.55
per hour, and on or | 17 |
| after July 1, 1985 every employer shall pay to each of
his | 18 |
| employees in every occupation wages of not less than $3.35 per | 19 |
| hour or
in the case of employees under 18 years of age wages of | 20 |
| not less than $2.85
per hour,
and from January 1, 2004 through | 21 |
| December 31, 2004 every employer shall pay
to
each of his or | 22 |
| her employees who is 18 years of age or older in every
| 23 |
| occupation wages of not less than $5.50 per hour, and from | 24 |
| January 1,
2005 through June 30, 2007 every employer (other | 25 |
| than a school district) shall pay to each of his or her |
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| employees who is 18 years
of age or older in every occupation | 2 |
| wages of not less than $6.50 per hour, and on and after July 1, | 3 |
| 2007, a school district shall pay to each of its employees who | 4 |
| is 18 years of age or older in every occupation wages of not | 5 |
| less than $6.50 per hour, and from July 1, 2007 through June | 6 |
| 30, 2008 every employer (other than a school district) shall | 7 |
| pay to each of his or her employees who is 18 years
of age or | 8 |
| older in every occupation wages of not less than $7.50 per | 9 |
| hour, and from July 1, 2008 through June 30, 2009 every | 10 |
| employer (other than a school district) shall pay to each of | 11 |
| his or her employees who is 18 years
of age or older in every | 12 |
| occupation wages of not less than $7.75 per hour, and from July | 13 |
| 1, 2009 through June 30, 2010 every employer (other than a | 14 |
| school district) shall pay to each of his or her employees who | 15 |
| is 18 years
of age or older in every occupation wages of not | 16 |
| less than $8.00 per hour, and on and after July 1, 2010 every | 17 |
| employer (other than a school district) shall pay to each of | 18 |
| his or her employees who is 18 years of age or older in every | 19 |
| occupation wages of not less than $8.25 per hour.
| 20 |
| (2) Unless an employee's wages are reduced under Section 6, | 21 |
| then in lieu of the rate prescribed in item (1) of this | 22 |
| subsection (a), an employer may pay an employee who is 18 years | 23 |
| of age or older, during the first 90 consecutive calendar days | 24 |
| after the employee is initially employed by the employer, a | 25 |
| wage that is not more than 50˘
less than the wage prescribed in | 26 |
| item (1) of this subsection (a). |
|
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| (3) At no time
shall the wages paid to any employee under | 2 |
| 18 years of age be more than 50˘
less than the wage required to | 3 |
| be paid to employees who are at least 18 years
of age under | 4 |
| item (1) of this subsection (a).
| 5 |
| (b) No employer shall discriminate between employees on the | 6 |
| basis of sex
or mental or physical handicap, except as | 7 |
| otherwise provided in this Act by
paying wages to employees at | 8 |
| a rate less than the rate at which he pays
wages to employees | 9 |
| for the same or substantially
similar work on jobs the | 10 |
| performance of which requires equal skill, effort,
and | 11 |
| responsibility, and which are performed under similar working
| 12 |
| conditions, except where such payment is made pursuant to (1) a | 13 |
| seniority
system; (2) a merit system; (3) a system which | 14 |
| measures earnings by
quantity or quality of production; or (4) | 15 |
| a differential based on any other
factor other than sex or | 16 |
| mental or physical handicap, except as otherwise
provided in | 17 |
| this Act.
| 18 |
| (c) Every employer of an employee engaged in an
occupation | 19 |
| in which gratuities have customarily and usually constituted | 20 |
| and
have been recognized as part of the remuneration for hire | 21 |
| purposes is
entitled to an allowance for gratuities as part of | 22 |
| the hourly wage rate
provided in Section 4, subsection (a) in | 23 |
| an amount not to exceed 40% of the
applicable minimum wage | 24 |
| rate. The Director shall require each employer
desiring an | 25 |
| allowance for gratuities to provide substantial evidence that
| 26 |
| the amount claimed, which may not exceed 40% of the applicable |
|
|
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| 1 |
| minimum wage
rate, was received by the employee in the period | 2 |
| for which the claim of
exemption is made, and no part thereof | 3 |
| was returned to the employer.
| 4 |
| (d) No camp counselor who resides on the premises of a | 5 |
| seasonal camp of
an organized not-for-profit corporation shall | 6 |
| be subject to the adult minimum
wage if the camp counselor (1) | 7 |
| works 40 or more hours per week, and (2)
receives a total | 8 |
| weekly salary of not less than the adult minimum
wage for a | 9 |
| 40-hour week. If the counselor works less than 40 hours per
| 10 |
| week, the counselor shall be paid the minimum hourly wage for | 11 |
| each hour
worked. Every employer of a camp counselor under this | 12 |
| subsection is entitled
to an allowance for meals and lodging as | 13 |
| part of the hourly wage rate provided
in Section 4, subsection | 14 |
| (a), in an amount not to exceed 25% of the
minimum wage rate.
| 15 |
| (e) A camp counselor employed at a day camp of an organized
| 16 |
| not-for-profit corporation is not subject to the adult minimum | 17 |
| wage if the
camp counselor is paid a stipend on a onetime or | 18 |
| periodic basis and, if
the camp counselor is a minor, the | 19 |
| minor's parent, guardian or other
custodian has consented in | 20 |
| writing to the terms of payment before the
commencement of such | 21 |
| employment.
| 22 |
| (Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07.)
| 23 |
| Section 25. The Victims' Economic Security and Safety Act | 24 |
| is amended by changing Section 10 as follows:
|
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| 1 |
| (820 ILCS 180/10)
| 2 |
| Sec. 10. Definitions. In this Act, except as otherwise | 3 |
| expressly provided:
| 4 |
| (1) "Commerce" includes trade, traffic, commerce,
| 5 |
| transportation, or communication; and "industry or | 6 |
| activity
affecting commerce" means any activity, business, | 7 |
| or industry in
commerce or in which a labor dispute would | 8 |
| hinder or obstruct
commerce or the free flow of commerce, | 9 |
| and includes "commerce" and
any "industry affecting | 10 |
| commerce".
| 11 |
| (2) "Course of conduct" means a course of repeatedly | 12 |
| maintaining
a visual or physical proximity to a person or | 13 |
| conveying oral or
written threats, including threats | 14 |
| conveyed through electronic
communications, or threats | 15 |
| implied by conduct.
| 16 |
| (3) "Department" means the Department of Labor.
| 17 |
| (4) "Director" means the Director of Labor.
| 18 |
| (5) "Domestic or sexual violence" means domestic | 19 |
| violence, sexual
assault, or stalking.
| 20 |
| (6) "Domestic violence" includes acts or threats of | 21 |
| violence, not
including acts of self defense, as defined in | 22 |
| subdivision (3) of
Section 103 of the Illinois Domestic | 23 |
| Violence Act of 1986, sexual assault, or
death to the | 24 |
| person, or the person's family or household member,
if the | 25 |
| conduct causes the specific person to have such distress
or | 26 |
| fear.
|
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| (7) "Electronic communications" includes | 2 |
| communications via
telephone, mobile phone, computer, | 3 |
| e-mail, video recorder, fax
machine, telex, or pager.
| 4 |
| (8) "Employ" includes to suffer or permit to work.
| 5 |
| (9) Employee.
| 6 |
| (A) In general. "Employee" means any person | 7 |
| employed by an employer.
| 8 |
| (B) Basis. "Employee" includes a person employed | 9 |
| as described in
subparagraph (A) on a full or part-time | 10 |
| basis,
or as a participant in a work
assignment as a | 11 |
| condition of receipt of federal or State
income-based | 12 |
| public assistance.
| 13 |
| (10) "Employer" means any of the following: (A) the | 14 |
| State or any agency
of the
State; (B) any unit of local | 15 |
| government or school district ; or (C) any person
that | 16 |
| employs
at least 50 employees. "Employer" does not include | 17 |
| a school district.
| 18 |
| (11) "Employment benefits" means all benefits provided | 19 |
| or made
available to employees by an employer, including | 20 |
| group life
insurance, health insurance, disability | 21 |
| insurance, sick leave,
annual leave, educational benefits, | 22 |
| and pensions, regardless of
whether such benefits are | 23 |
| provided by a practice or written
policy of an employer or | 24 |
| through an "employee benefit plan".
"Employee benefit | 25 |
| plan" or "plan" means an employee welfare
benefit plan or | 26 |
| an employee pension benefit plan or a plan which
is both an |
|
|
|
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| employee welfare benefit plan and an employee pension
| 2 |
| benefit plan.
| 3 |
| (12) "Family or household member" means a spouse,
| 4 |
| parent, son, daughter, and persons jointly residing
in the | 5 |
| same household.
| 6 |
| (13) "Parent" means the biological parent of an | 7 |
| employee or an
individual who stood in loco parentis to an | 8 |
| employee when the
employee was a son or daughter. "Son or | 9 |
| daughter" means
a biological, adopted, or foster child, a | 10 |
| stepchild, a legal
ward, or a child of a person standing in | 11 |
| loco parentis, who is
under 18 years of age, or is 18 years | 12 |
| of age or older and incapable
of self-care because of a | 13 |
| mental or physical disability.
| 14 |
| (14) "Perpetrator" means an individual who commits or | 15 |
| is alleged
to have committed any act or threat of domestic | 16 |
| or sexual
violence.
| 17 |
| (15) "Person" means an individual, partnership, | 18 |
| association,
corporation, business trust, legal | 19 |
| representative, or any
organized group of persons.
| 20 |
| (16) "Public agency" means the Government of the State | 21 |
| or
political subdivision thereof; any agency of the State, | 22 |
| or of a
political subdivision of the State; or any | 23 |
| governmental agency.
| 24 |
| (17) "Public assistance" includes cash, food stamps, | 25 |
| medical
assistance, housing assistance, and other benefits | 26 |
| provided on
the basis of income by a public agency or |
|
|
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| public employer.
| 2 |
| (18) "Reduced work schedule" means a work schedule that | 3 |
| reduces
the usual number of hours per workweek, or hours | 4 |
| per workday, of
an employee.
| 5 |
| (19) "Repeatedly" means on 2 or more occasions.
| 6 |
| (20) "Sexual assault" means any conduct proscribed by | 7 |
| the
Criminal Code of 1961 in Sections 12-13, 12-14, | 8 |
| 12-14.1,
12-15, and 12-16.
| 9 |
| (21) "Stalking" means any conduct proscribed by the | 10 |
| Criminal
Code of 1961 in Sections 12-7.3 and 12-7.4.
| 11 |
| (22) "Victim" or "survivor" means an individual who has
| 12 |
| been subjected to domestic or sexual violence.
| 13 |
| (23) "Victim services organization" means a nonprofit,
| 14 |
| nongovernmental organization that provides assistance to | 15 |
| victims
of domestic or sexual violence or to advocates for | 16 |
| such victims,
including a rape crisis center, an | 17 |
| organization carrying out a
domestic violence program, an | 18 |
| organization operating a shelter or
providing counseling | 19 |
| services, or a legal services organization
or other | 20 |
| organization providing assistance through the legal
| 21 |
| process.
| 22 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 23 |
| Section 95. No acceleration or delay. Where this Act makes | 24 |
| changes in a statute that is represented in this Act by text | 25 |
| that is not yet or no longer in effect (for example, a Section |
|
|
|
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| represented by multiple versions), the use of that text does | 2 |
| not accelerate or delay the taking effect of (i) the changes | 3 |
| made by this Act or (ii) provisions derived from any other | 4 |
| Public Act. | 5 |
| Section 99. Effective date. This Act takes effect June 30, | 6 |
| 2007.
|
|
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 20 ILCS 2605/2605-325 |
was 20 ILCS 2605/55a in part |
| 4 |
| 105 ILCS 5/2-3.25b |
from Ch. 122, par. 2-3.25b |
| 5 |
| 105 ILCS 5/2-3.25d |
from Ch. 122, par. 2-3.25d |
| 6 |
| 105 ILCS 5/2-3.25f |
from Ch. 122, par. 2-3.25f |
| 7 |
| 105 ILCS 5/2-3.25g |
from Ch. 122, par. 2-3.25g |
| 8 |
| 105 ILCS 5/2-3.25h |
from Ch. 122, par. 2-3.25h |
| 9 |
| 105 ILCS 5/2-3.64 |
from Ch. 122, par. 2-3.64 |
| 10 |
| 105 ILCS 5/10-21.9 |
from Ch. 122, par. 10-21.9 |
| 11 |
| 105 ILCS 5/26-1 |
from Ch. 122, par. 26-1 |
| 12 |
| 105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
| 13 |
| 105 ILCS 5/26-14 |
from Ch. 122, par. 26-14 |
| 14 |
| 105 ILCS 5/26-16 |
|
| 15 |
| 105 ILCS 5/27-8.1 |
from Ch. 122, par. 27-8.1 |
| 16 |
| 105 ILCS 5/27-21 |
from Ch. 122, par. 27-21 |
| 17 |
| 105 ILCS 5/34-18.5 |
from Ch. 122, par. 34-18.5 |
| 18 |
| 410 ILCS 520/4 |
from Ch. 111 1/2, par. 5604 |
| 19 |
| 820 ILCS 105/4 |
from Ch. 48, par. 1004 |
| 20 |
| 820 ILCS 180/10 |
|
| |
|