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90_HB1005sam002
LRB9004521KDksam
1 AMENDMENT TO HOUSE BILL 1005
2 AMENDMENT NO. . Amend House Bill 1005, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT relating to education, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The School Code is amended by changing
8 Sections 2-3.64, 2-3.117, 2-3.120 (as added by Public Act
9 90-463), 10-20.12b, 10-21.9, 14-15.01, 18-8, 22-23, 34-2.4b,
10 34-4.5, and 34-18.5 and adding Sections 2-3.109a, 2-3.122,
11 10-22.13a, 14-8.02b, 17-2.11b, and 27-20.6 as follows:
12 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
13 Sec. 2-3.64. State goals and assessment.
14 (a) Beginning in the 1992-93 school year, the State
15 Board of Education shall establish standards and annually,
16 through the 1997-1998 school year, assess the performance
17 of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th
18 grades in language arts (reading and writing) and
19 mathematics; and (ii) all pupils enrolled in the 4th, 7th,
20 and 11th grades in the biological, physical, and social
21 sciences. Beginning in the 1998-1999 1995-96 school year,
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1 the State Board of Education shall establish standards and
2 periodically, in collaboration with local school districts,
3 conduct, through the 1997-1998 school year, studies of
4 student performance in the learning areas of fine arts and
5 physical development/health. Beginning with the 1998-1999
6 school year, the State Board of Education shall annually
7 assess the performance of: (i) all pupils enrolled in the
8 3rd, and 5th, 8th, and 10th grades in English language arts
9 (reading and writing) the basic subjects of reading, writing,
10 and mathematics; and (ii) all pupils enrolled in the 4th,
11 7th, and 11th grades in the biological and physical sciences
12 and the social sciences. The State Board of Education shall
13 establish, in final form and within one year after the
14 effective date of this amendatory Act of 1996, the academic
15 standards that are to be applicable to pupils who are subject
16 to State assessment under this Section beginning with the
17 1998-1999 school year. However, the State Board of Education
18 shall not establish any such standards in final form without
19 first providing opportunities for public participation and
20 local input in the development of the final academic
21 standards. Those opportunities shall include a
22 well-publicized period of public comment, public hearings
23 throughout the State, and opportunities to file written
24 comments. Beginning with the 1998-99 school year and
25 thereafter, the State assessment will identify pupils in the
26 3rd grade or 5th grade who do not meet the State standards.
27 If, by performance on the State assessment tests or local
28 assessments or by teacher judgment, a student's performance
29 is determined to be judgement, demonstrate a proficiency
30 level comparable to the average pupil performance 2 or more
31 grades below current placement, the student shall be provided
32 a remediation program developed by the district in
33 consultation with a parent or guardian. Such remediation
34 programs may include, but shall not be limited to, increased
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1 or concentrated instructional time, a remedial summer school
2 program of not less than 90 hours, improved instructional
3 approaches, tutorial sessions, retention in grade, and
4 modifications to instructional materials. Each pupil for whom
5 a remediation program is developed under this subsection
6 shall be required to enroll in and attend whatever program
7 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
11 guardian of a student required to attend a remediation
12 program under this Section shall be given written notice of
13 that requirement by the school district a reasonable time
14 prior to commencement of the remediation program that the
15 student is to attend. The State shall be responsible for
16 providing school districts with the new and additional
17 funding, under Section 2-3.51.5 or by other or additional
18 means, that is required to enable the districts to operate
19 remediation programs for the pupils who are required to
20 enroll in and attend those programs under this Section. Every
21 individualized educational program as described in Article 14
22 shall identify if the State test or components thereof are
23 appropriate for that student. For those pupils for whom the
24 State test or components thereof are not appropriate, the
25 State Board of Education shall develop rules and regulations
26 governing the administration of alternative assessments
27 prescribed within each student's individualized educational
28 program which are appropriate to the disability of each
29 student. All pupils who are in a State approved transitional
30 bilingual education program or transitional program of
31 instruction shall participate in the State assessment. Any
32 student who has been enrolled in a State approved bilingual
33 education program less than 3 academic years shall be
34 exempted if the student's lack of English as determined by an
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1 English language proficiency test would keep the student from
2 understanding the test, and that student's district shall
3 have an alternative assessment program in place for that
4 student. The State Board of Education shall appoint a task
5 force of concerned parents, teachers, school administrators
6 and other professionals to assist in identifying such
7 alternative assessment programs. Reasonable accommodations as
8 prescribed by the State Board of Education shall be provided
9 for individual students in the assessment procedure. All
10 assessment procedures prescribed by the State Board of
11 Education shall require: (i) that each test used for State
12 and local student assessment testing under this Section
13 identify by name the pupil taking the test; (ii) that the
14 name of the pupil taking the test be placed on the test at
15 the time the test is taken; (iii) that the results or scores
16 of each test taken under this Section by a pupil of the
17 school district be reported to that district and identify by
18 name the pupil who received the reported results or of
19 scores; and (iv) that the results or scores of each test
20 taken under this Section be made available to the parents of
21 the pupil. In addition, beginning with the 1998-1999 school
22 year and in each school year thereafter, all scores received
23 by a student on the Illinois Goals and Assessment Program
24 tests administered in grades 10 and 11 by the State Board of
25 Education under this Section and, beginning with the
26 1999-2000 school year and in each school year thereafter, the
27 scores received by a student on the Prairie State Achievement
28 Examination administered under subsection (c) of this Section
29 shall become part of the student's permanent record and shall
30 be entered therein pursuant to regulations that the State
31 Board of Education shall promulgate for that purpose in
32 accordance with Section 3 and subsection (e) of Section 2 of
33 the Illinois School Student Records Act. Scores received by
34 students on the Illinois Goals and Assessment Program tests
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1 administered in other grades shall be placed into students'
2 temporary records. Except as provided in subsection (c) of
3 this Section, the State Board of Education shall establish a
4 common month in each school year for which State testing
5 shall occur to meet the objectives of this Section. However,
6 if the schools of a district are closed and classes are not
7 scheduled during any week that is established by the State
8 Board of Education as the week of the month when State
9 testing under this Section shall occur, the school district
10 may administer the required State testing at any time up to 2
11 weeks following the week established by the State Board of
12 Education for the testing, so long as the school district
13 gives the State Board of Education written notice of its
14 intention to deviate from the established schedule by January
15 2 of the year in which falls the week established by the
16 State Board of Education for the testing. The maximum time
17 allowed for all actual testing required under this subsection
18 during the school year shall not exceed 25 hours as allocated
19 among the required tests by the State Board of Education.
20 (a-5) The State Board of Education shall review the
21 current assessment testing schedule applicable under
22 subsection (a) on the effective date of this amendatory Act
23 of 1996 and submit a plan to the General Assembly, on or
24 before December 31, 1996, to increase the effectiveness of
25 the State assessment tests administered under that subsection
26 with respect to student diagnosis and to reduce the amount of
27 classroom time spent administering those tests. The General
28 Assembly may enact the recommendations made by the State
29 Board of Education to maximize effectiveness and minimize the
30 hours and grade levels of testing.
31 (b) It shall be the policy of the State to encourage
32 school districts to continuously assess pupil proficiency in
33 the fundamental learning areas in order to: (i) provide
34 timely information on individual students' performance
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1 relative to State standards that is adequate to guide
2 instructional strategies; (ii) improve future instruction;
3 and (iii) complement the information provided by the State
4 assessment system described in this Section. Each district's
5 school improvement plan must address specific activities the
6 district intends to implement to assist pupils who by teacher
7 judgment judgement and assessment results as prescribed in
8 subsection (a) of this Section demonstrate that they are not
9 meeting State goals or local objectives. Such activities may
10 include, but shall not be limited to, summer school, extended
11 school day, special homework, tutorial sessions, modified
12 instructional materials, other modifications in the
13 instructional program, reduced class size or retention in
14 grade. To assist school districts in assessing pupil
15 proficiency in reading in the primary grades, the State Board
16 shall make optional reading inventories for diagnostic
17 purposes available to each school district that requests such
18 assistance. Districts that administer the reading
19 inventories may develop remediation programs for students who
20 perform in the bottom half of the student population. Those
21 remediation programs may be funded by moneys provided under
22 the School Safety and Educational Improvement Block Grant
23 Program established under Section 2-3.51.5. Nothing in this
24 Section shall prevent school districts from implementing
25 testing and remediation policies for grades not required
26 under this Section.
27 (c) Beginning with the 1999-2000 school year, each
28 school district that operates a high school program for
29 students in grades 9 through 12 shall annually administer the
30 a Prairie State Achievement Examination established under
31 this subsection to its 12th grade students as set forth below
32 each year to its 12th grade students. The Prairie State
33 Achievement Examination shall be developed by the State Board
34 of Education to measure student performance in the 5
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1 fundamental academic areas of reading, writing, mathematics,
2 science, and social sciences studies. The State Board of
3 Education shall establish the academic standards that are to
4 apply in measuring student performance on the Prairie State
5 Achievement Examination in those 5 fundamental academic
6 areas, including the minimum composite examination score and
7 the minimum score in each area that, taken together, will
8 qualify a student to for purposes of this Section as a score
9 that is excellent. A student whose score on the Prairie State
10 Achievement Examination is determined to be excellent by the
11 State Board of Education shall receive the Prairie State
12 Achievement Award from the State in recognition of the
13 student's excellent performance. Each school district that is
14 subject to the requirements of this subsection (c) shall
15 afford a graduating student 2 opportunities to take the
16 Prairie State Achievement Examination during the semester in
17 which the student will graduate. The State Board of
18 Education shall annually notify districts of the weeks during
19 which these test administrations shall be required to occur.
20 Each 12th grade student, exclusive of a student whose
21 individualized educational program developed under Article 14
22 identifies does not identify the Prairie State Achievement
23 Examination as inappropriate appropriate for the student,
24 shall be required to take the examination in the final
25 semester before his or her graduation. Score reports for
26 each fundamental academic area shall indicate the score that
27 qualifies as an excellent score on that portion of the
28 examination. Any student who attains a satisfactory
29 composite score but who fails to earn a qualifying score in
30 any one or more of the fundamental academic areas on the
31 initial test administration for the semester during which the
32 student will graduate from high school shall be permitted to
33 retake such portion or portions of the examination during the
34 second test of that semester. Districts shall inform their
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1 students of the timelines and procedures applicable to their
2 optional participation in such additional administrations of
3 the Prairie State Achievement Examination., which each school
4 district shall administer to its 12th grade students in
5 January of each school year. The Prairie State Achievement
6 Examination shall be administered by each school district a
7 second time, in March of each school year, for those 12th
8 grade students who fail to receive a score on the January
9 examination that would qualify them to receive the Prairie
10 State Achievement Award and who elect to take the March
11 examination for the purpose of attempting to earn a score
12 that will qualify them to receive that award. Students who
13 will graduate from high school before entering grade 12 shall
14 take the Prairie State Achievement Examination during the
15 school year in which they will graduate from high school.
16 Students receiving special education services whose
17 individualized educational programs do not identify the
18 Prairie State Achievement Examination as inappropriate
19 appropriate for them nevertheless shall have the option of
20 taking the examination, which shall be administered to those
21 students in accordance with standards adopted by the State
22 Board of Education to accommodate the respective disabilities
23 of those students. A student who successfully completes all
24 other applicable high school graduation requirements but
25 fails to receive a score on the Prairie State Achievement
26 Examination that qualifies the student for receipt of the
27 Prairie State Achievement Award shall nevertheless qualify
28 for the receipt of a regular high school diploma.
29 (Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686,
30 eff. 1-24-95; 89-610, eff. 8-6-96.)
31 (105 ILCS 5/2-3.109a new)
32 Sec. 2-3.109a. Laboratory schools grant eligibility. A
33 laboratory school as defined in Section 18-8 may apply for
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1 and be eligible to receive, subject to the same restrictions
2 applicable to school districts, any grant administered by the
3 State Board of Education that is available for school
4 districts.
5 (105 ILCS 5/2-3.117)
6 Sec. 2-3.117. School Technology Program.
7 (a) The State Board of Education is authorized to
8 provide technology-based learning resources, including
9 matching grants, to school districts to improve educational
10 opportunities and student achievement throughout the State.
11 School districts may use grants for technology-related
12 investments, including computer hardware, software, optical
13 media networks, and related wiring, to educate staff to use
14 that equipment in a learning context, and for other items
15 defined under rules adopted by the State Board of Education.
16 (b) The State Board of Education is authorized, to the
17 extent funds are available, to establish a statewide support
18 system for information, professional development, technical
19 assistance, network design consultation, leadership,
20 technology planning consultation, and information exchange;
21 to expand school district connectivity; and to increase the
22 quantity and quality of student and educator access to
23 on-line resources, experts, and communications avenues from
24 moneys appropriated for the purposes of this Section.
25 (b-5) The State Board of Education may enter into
26 intergovernmental contracts or agreements with other State
27 agencies, public community colleges, public libraries, public
28 and private colleges and universities, museums on public
29 land, and other public agencies in the areas of technology,
30 telecommunications, and information access, under such terms
31 as the parties may agree, provided that those contracts and
32 agreements are in compliance with the Department of Central
33 Management Services' mandate to provide telecommunications
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1 services to all State agencies.
2 (c) The State Board of Education shall adopt all rules
3 necessary for the administration of the School Technology
4 Program, including but not limited to rules defining the
5 technology-related investments that qualify for funding, the
6 content of grant applications and reports, and the
7 requirements for the local match.
8 (d) The State Board of Education may establish by rule
9 provisions to waive the local matching requirement for school
10 districts determined unable to finance the local match.
11 (Source: P.A. 89-21, eff. 7-1-95; 90-388, eff. 8-15-97.)
12 (105 ILCS 5/2-3.120)
13 Sec. 2-3.120. Non-Public school students' access to
14 technology.
15 (a) The General Assembly finds and declares that the
16 Constitution of the State of Illinois provides that a
17 "fundamental goal of the People of the State is the
18 educational development of all persons to the limit of their
19 capacities", and that the educational development of every
20 elementary and secondary school student serves the public
21 purposes of the State. In order to enable Illinois students
22 to leave school with the basic skills and knowledge that will
23 enable them to find and hold jobs and otherwise function as
24 productive members of society in the 21st Century, all
25 students must have access to the vast educational resources
26 provided by computers. The provisions of this Section are in
27 the public interest, for the public benefit, and serve a
28 secular public purpose.
29 (b) The State Board of Education shall provide
30 non-public schools with ports to the Board's statewide
31 educational network, provided that this access does not
32 diminish the services available to public schools and
33 students. The State Board of Education shall charge for this
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1 access in an amount necessary to offset its cost. Amounts
2 received by the State Board of Education under this Section
3 shall be deposited in the School Technology Revolving Fund as
4 described in Section 2-3.121. The statewide network may be
5 used only for secular educational purposes.
6 (c) For purposes of this Section, a non-public school
7 means: (i) any non-profit, non-public college; or (ii) any
8 non-profit, non-home-based, non-public elementary or
9 secondary school that is in compliance with Title VI of the
10 Civil Rights Act of 1964, and attendance at which satisfies
11 the requirements of Section 26-1 of the School Code.
12 (Source: P.A. 90-463, eff. 8-17-97.)
13 (105 ILCS 5/2-3.122 new)
14 Sec. 2-3.122. Dissection alternatives. The State Board
15 of Education shall make available to school districts sources
16 of information concerning alternatives to the dissection of
17 animals. Such information may include, but need not be
18 limited to, names, addresses, and contact personnel of
19 organizations that offer free instructional and teaching
20 materials as alternatives to dissection.
21 (105 ILCS 5/10-20.12b)
22 Sec. 10-20.12b. Residency; payment of tuition; hearing;
23 criminal penalty.
24 (a) For purposes of this Section:
25 (1) The residence of a person who has legal custody
26 of a pupil is deemed to be the residence of the pupil.
27 (2) "Legal custody" means one of the following:
28 (i) Custody exercised by a natural or adoptive
29 parent with whom the pupil resides.
30 (ii) Custody granted by order of a court of
31 competent jurisdiction to a person with whom the
32 pupil resides for reasons other than to have access
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1 to the educational programs of the district.
2 (iii) Custody exercised under a statutory
3 short-term guardianship, provided that within 60
4 days of the pupil's enrollment a court order is
5 entered that establishes a permanent guardianship
6 and grants custody to a person with whom the pupil
7 resides for reasons other than to have access to the
8 educational programs of the district.
9 (iv) Custody exercised by an adult caretaker
10 relative who is receiving aid under the Illinois
11 Public Aid Code for the pupil who resides with that
12 adult caretaker relative for purposes other than to
13 have access to the educational programs of the
14 district.
15 (v) Custody exercised by an adult who
16 demonstrates that, in fact, he or she has assumed
17 and exercises legal responsibility for the pupil and
18 provides the pupil with a regular fixed night-time
19 abode for purposes other than to have access to the
20 educational programs of the district.
21 (b) Except as otherwise provided under Section 10-22.5a,
22 only resident pupils of a school district may attend the
23 schools of the district without payment of the tuition
24 required to be charged under Section 10-20.12a. However,
25 children for whom the Guardianship Administrator of the
26 Department of Children and Family Services has been appointed
27 temporary custodian or guardian of the person of a child
28 shall not be charged tuition as a nonresident pupil if the
29 child was placed by the Department of Children and Family
30 Services with a foster parent or placed in another type of
31 child care facility and the foster parent or child care
32 facility is located in a school district other than the
33 child's former school district and it is determined by the
34 Department of Children and Family Services to be in the
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1 child's best interest to maintain attendance at his or her
2 former school district.
3 (c) The provisions of this subsection do not apply in
4 school districts having a population of 500,000 or more. If a
5 school board in a school district with a population of less
6 than 500,000 determines that a pupil who is attending school
7 in the district on a tuition free basis is a nonresident of
8 the district for whom tuition is required to be charged under
9 Section 10-20.12a, the board shall notify the person who
10 enrolled the pupil of the amount of the tuition charged under
11 Section 10-20.12a that is due to the district for the
12 nonresident pupil's attendance in the district's schools.
13 The notice shall be given by certified mail, return receipt
14 requested. Within 10 days after receipt of the notice, the
15 person who enrolled the pupil may request a hearing to review
16 the determination of the school board. The request shall be
17 sent by certified mail, return receipt requested, to the
18 district superintendent. Within 10 days after receipt of the
19 request, the board shall notify, by certified mail, return
20 receipt requested, the person requesting the hearing of the
21 time and place of the hearing, which shall be held not less
22 than 10 nor more than 20 days after the notice of hearing is
23 given. The board or a hearing officer designated by the
24 board shall conduct the hearing. The board and the person
25 who enrolled the pupil may be represented at the hearing by
26 representatives of their choice. At the hearing, the person
27 who enrolled the pupil shall have the burden of going forward
28 with the evidence concerning the pupil's residency. If the
29 hearing is conducted by a hearing officer, the hearing
30 officer, within 5 days after the conclusion of the hearing,
31 shall send a written report of his or her findings by
32 certified mail, return receipt requested, to the school board
33 and to the person who enrolled the pupil. The person who
34 enrolled the pupil may, within 5 days after receiving the
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1 findings, file written objections to the findings with the
2 school board by sending the objections by certified mail,
3 return receipt requested, addressed to the district
4 superintendent. Whether the hearing is conducted by the
5 school board or a hearing officer, the school board shall,
6 within 15 days after the conclusion of the hearing, decide
7 whether or not the pupil is a resident of the district and
8 the amount of any tuition required to be charged under
9 Section 10-20.12a as a result of the pupil's attendance in
10 the schools of the district. The school board shall send a
11 copy of its decision to the person who enrolled the pupil,
12 and the decision of the school board shall be final.
13 (c-5) The provisions of this subsection apply only in
14 school districts having a population of 500,000 or more. If
15 the board of education of a school district with a population
16 of 500,000 or more determines that a pupil who is attending
17 school in the district on a tuition free basis is a
18 nonresident of the district for whom tuition is required to
19 be charged under Section 10-20.12a, the board shall notify
20 the person who enrolled the pupil of the amount of the
21 tuition charged under Section 10-20.12a that is due to the
22 district for the nonresident pupil's attendance in the
23 district's schools. The notice shall be given by certified
24 mail, return receipt requested. Within 10 days after receipt
25 of the notice, the person who enrolled the pupil may request
26 a hearing to review the determination of the school board.
27 The request shall be sent by certified mail, return receipt
28 requested, to the district superintendent. Within 30 days
29 after receipt of the request, the board shall notify, by
30 certified mail, return receipt requested, the person
31 requesting the hearing of the time and place of the hearing,
32 which shall be held not less than 10 nor more than 30 days
33 after the notice of hearing is given. The board or a hearing
34 officer designated by the board shall conduct the hearing.
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1 The board and the person who enrolled the pupil may each be
2 represented at the hearing by a representative of their
3 choice. At the hearing, the person who enrolled the pupil
4 shall have the burden of going forward with the evidence
5 concerning the pupil's residency. If the hearing is
6 conducted by a hearing officer, the hearing officer, within
7 20 days after the conclusion of the hearing, shall serve a
8 written report of his or her findings by personal service or
9 by certified mail, return receipt requested, to the school
10 board and to the person who enrolled the pupil. The person
11 who enrolled the pupil may, within 10 days after receiving
12 the findings, file written objections to the findings with
13 the board of education by sending the objections by certified
14 mail, return receipt requested, addressed to the general
15 superintendent of schools. If the hearing is conducted by
16 the board of education, the board shall, within 45 days after
17 the conclusion of the hearing, decide whether or not the
18 pupil is a resident of the district and the amount of any
19 tuition required to be charged under Section 10-20.12a as a
20 result of the pupil's attendance in the schools of the
21 district. If the hearing is conducted by a hearing officer,
22 the board of education shall, within 45 days after the
23 receipt of the hearing officer's findings, decide whether or
24 not the pupil is a resident of the district and the amount of
25 any tuition required to be charged under Section 10-20.12a as
26 a result of the pupil's attendance in the schools of the
27 district. The board of education shall send, by certified
28 mail, return receipt requested, a copy of its decision to the
29 person who enrolled the pupil, and the decision of the board
30 shall be final.
31 (d) If a hearing is requested under subsection (c) or
32 (c-5) to review the determination of the school board or
33 board of education board's determination that a nonresident
34 pupil is attending the schools of the district without
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1 payment of the tuition required to be charged under Section
2 10-20.12a, the pupil may, at the request of a person who
3 enrolled the pupil, continue attendance at the schools of the
4 district pending a final decision of the school board
5 following the hearing. However, attendance of that pupil in
6 the schools of the district as authorized by this subsection
7 (d) shall not relieve any person who enrolled the pupil of
8 the obligation to pay the tuition charged for that attendance
9 under Section 10-20.12a if the final decision of the school
10 board is that the pupil is a nonresident of the district. If
11 a pupil is determined to be a nonresident of the district for
12 whom tuition is required to be charged pursuant to this
13 Section, the school board shall refuse to permit the pupil to
14 continue attending the schools of the district unless the
15 required tuition is paid for the pupil.
16 (e) Except for a pupil referred to in subsection (b) of
17 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
18 or a pupil referred to in subsection (b) of this Section, a
19 person who knowingly enrolls or attempts to enroll in the
20 schools of a school district on a tuition free basis a pupil
21 known by that person to be a nonresident of the district
22 shall be guilty of a Class C misdemeanor.
23 (f) A person who knowingly or wilfully presents to any
24 school district any false information regarding the residency
25 of a pupil for the purpose of enabling that pupil to attend
26 any school in that district without the payment of a
27 nonresident tuition charge shall be guilty of a Class C
28 misdemeanor.
29 (g) The provisions of this Section are subject to the
30 provisions of the Education for Homeless Children Act.
31 Nothing in this Section shall be construed to apply to or
32 require the payment of tuition by a parent or guardian of a
33 "homeless child" (as that term is defined in Section 1-5 of
34 the Education for Homeless Children Act) in connection with
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1 or as a result of the homeless child's continued education or
2 enrollment in a school that is chosen in accordance with any
3 of the options provided in Section 1-10 of that Act.
4 (Source: P.A. 89-480, eff. 1-1-97.)
5 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
6 Sec. 10-21.9. Criminal background investigations.
7 (a) After August 1, 1985, certified and noncertified
8 applicants for employment with a school district, except
9 school bus driver applicants, are required as a condition of
10 employment to authorize an investigation to determine if such
11 applicants have been convicted of any of the enumerated
12 criminal or drug offenses in subsection (c) of this Section.
13 Authorization for the investigation shall be furnished by the
14 applicant to the school district, except that if the
15 applicant is a substitute teacher seeking employment in more
16 than one school district, a teacher seeking concurrent
17 part-time employment positions with more than one school
18 district (as a reading specialist, special education teacher
19 or otherwise), or an educational support personnel employee
20 seeking employment positions with more than one district, any
21 such district may require the applicant to furnish
22 authorization for the investigation to the regional
23 superintendent of the educational service region in which are
24 located the school districts in which the applicant is
25 seeking employment as a substitute or concurrent part-time
26 teacher or concurrent educational support personnel employee.
27 Upon receipt of this authorization, the school district or
28 the appropriate regional superintendent, as the case may be,
29 shall submit the applicant's name, sex, race, date of birth
30 and social security number to the Department of State Police
31 on forms prescribed by the Department. The regional
32 superintendent submitting the requisite information to the
33 Department of State Police shall promptly notify the school
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1 districts in which the applicant is seeking employment as a
2 substitute or concurrent part-time teacher or concurrent
3 educational support personnel employee that the investigation
4 of the applicant has been requested. The Department of State
5 Police shall conduct an investigation to ascertain if the
6 applicant being considered for employment has been convicted
7 of any of the enumerated criminal or drug offenses in
8 subsection (c). The Department shall charge the school
9 district or the appropriate regional superintendent a fee for
10 conducting such investigation, which fee shall be deposited
11 in the State Police Services Fund and shall not exceed the
12 cost of the inquiry; and the applicant shall not be charged a
13 fee for such investigation by the school district or by the
14 regional superintendent. The regional superintendent may
15 seek reimbursement from the State Board of Education or the
16 appropriate school district or districts for fees paid by the
17 regional superintendent to the Department for the criminal
18 background investigations required by this Section.
19 (b) The Department shall furnish, pursuant to positive
20 identification, records of convictions, until expunged, to
21 the president of the school board for the school district
22 which requested the investigation, or to the regional
23 superintendent who requested the investigation. Any
24 information concerning the record of convictions obtained by
25 the president of the school board or the regional
26 superintendent shall be confidential and may only be
27 transmitted to the superintendent of the school district or
28 his designee, the appropriate regional superintendent if the
29 investigation was requested by the school district, the
30 presidents of the appropriate school boards if the
31 investigation was requested from the Department of State
32 Police by the regional superintendent, the State
33 Superintendent of Education, the State Teacher Certification
34 Board or any other person necessary to the decision of hiring
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1 the applicant for employment. A copy of the record of
2 convictions obtained from the Department of State Police
3 shall be provided to the applicant for employment. If an
4 investigation of an applicant for employment as a substitute
5 or concurrent part-time teacher or concurrent educational
6 support personnel employee in more than one school district
7 was requested by the regional superintendent, and the
8 Department of State Police upon investigation ascertains that
9 the applicant has not been convicted of any of the enumerated
10 criminal or drug offenses in subsection (c) and so notifies
11 the regional superintendent, then the regional superintendent
12 shall issue to the applicant a certificate evidencing that as
13 of the date specified by the Department of State Police the
14 applicant has not been convicted of any of the enumerated
15 criminal or drug offenses in subsection (c). The school
16 board of any school district located in the educational
17 service region served by the regional superintendent who
18 issues such a certificate to an applicant for employment as a
19 substitute teacher in more than one such district may rely on
20 the certificate issued by the regional superintendent to that
21 applicant, or may initiate its own investigation of the
22 applicant through the Department of State Police as provided
23 in subsection (a). Any person who releases any confidential
24 information concerning any criminal convictions of an
25 applicant for employment shall be guilty of a Class A
26 misdemeanor, unless the release of such information is
27 authorized by this Section.
28 (c) No school board shall knowingly employ a person who
29 has been convicted for committing attempted first degree
30 murder or for committing or attempting to commit first degree
31 murder or a Class X felony or any one or more of the
32 following offenses: (i) those defined in Sections 11-6, 11-9,
33 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
34 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
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1 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
2 in the "Cannabis Control Act" except those defined in
3 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
4 in the "Illinois Controlled Substances Act"; and (iv) any
5 offense committed or attempted in any other state or against
6 the laws of the United States, which if committed or
7 attempted in this State, would have been punishable as one or
8 more of the foregoing offenses. Further, no school board
9 shall knowingly employ a person who has been found to be the
10 perpetrator of sexual or physical abuse of any minor under 18
11 years of age pursuant to proceedings under Article II of the
12 Juvenile Court Act of 1987.
13 (d) No school board shall knowingly employ a person for
14 whom a criminal background investigation has not been
15 initiated.
16 (e) Upon receipt of the record of a conviction of or a
17 finding of child abuse by a holder of any certificate issued
18 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
19 School Code, the appropriate regional superintendent of
20 schools or the State Superintendent of Education shall
21 initiate the certificate suspension and revocation
22 proceedings authorized by law.
23 (f) After January 1, 1990 the provisions of this Section
24 shall apply to all employees of persons or firms holding
25 contracts with any school district including, but not limited
26 to, food service workers, school bus drivers and other
27 transportation employees, who have direct, daily contact with
28 the pupils of any school in such district. For purposes of
29 criminal background investigations on employees of persons or
30 firms holding contracts with more than one school district
31 and assigned to more than one school district, the regional
32 superintendent of the educational service region in which the
33 contracting school districts are located may, at the request
34 of any such school district, be responsible for receiving the
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1 authorization for investigation prepared by each such
2 employee and submitting the same to the Department of State
3 Police. Any information concerning the record of conviction
4 of any such employee obtained by the regional superintendent
5 shall be promptly reported to the president of the
6 appropriate school board or school boards.
7 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
8 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
9 (105 ILCS 5/10-22.13a new)
10 Sec. 10-22.13a. Zoning changes, variations, and special
11 uses for school district property. To seek zoning changes,
12 variations, or special uses for property held or controlled
13 by the school district.
14 (105 ILCS 5/14-8.02b new)
15 Sec. 14-8.02b. Expedited Hearings. Unless otherwise
16 provided by this Section, the provisions of Section 14-8.02a
17 are applicable to this Section. The State Board of
18 Education shall provide for the conduct of expedited hearings
19 in accordance with the Individuals with Disabilities
20 Education Act, Public Law 105-17, 20 USC Sections 1400 et
21 seq. (hereafter IDEA).
22 An expedited hearing may be requested by:
23 (i) a parent or guardian or student if the student
24 is at least 18 years of age or emancipated, if there is a
25 disagreement with regard to a determination that the
26 student's behavior was not a manifestation of the
27 student's disability, or if there is a disagreement
28 regarding the district's decision to move the student to
29 an interim alternative educational setting for a weapon
30 and drug violation as defined by IDEA pursuant to Section
31 615 (k)(1)(A)(ii); and
32 (ii) a school district, if school personnel maintain
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1 that it is dangerous for the student to be in the current
2 placement (i.e. placement prior to removal to the interim
3 alternative education setting) during the pendency of a
4 due process hearing pursuant to Section 615(K)(F) of
5 IDEA.
6 A school district shall make a request in writing to the
7 State Board of Education and promptly mail a copy of the
8 request to the parents or guardian of the student at the last
9 known address of the parents or guardian. A request made by
10 the parent, guardian, or student shall be made in writing to
11 the superintendent of the school district in which the
12 student resides, who shall forward the request to the State
13 Board of Education within one day of receipt of the request.
14 Upon receipt of the request, the State Board of Education
15 shall appoint a due process hearing officer using a rotating
16 appointment system and shall notify the hearing officer of
17 his or her appointment.
18 A request for an expedited hearing initiated by a
19 district for the sole purpose of moving a student from his or
20 her current placement to an interim alternative educational
21 setting because of dangerous misconduct must be accompanied
22 by all documentation that substantiates the district's
23 position that maintaining the student in his or her current
24 placement is substantially likely to result in injury to the
25 student or to others. Also, the documentation shall include
26 (1) whether the district is represented by legal counsel or
27 intends to retain legal counsel; (2) the matters the
28 district believes to be in dispute in the case and the
29 specific relief being sought; and (3) the names of all
30 witnesses the district intends to call to testify at the
31 hearing.
32 An expedited hearing requested by the student's parent or
33 guardian to challenge the removal of the student from his or
34 her current placement to an interim alternative educational
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1 setting or a manifestation determination made by the district
2 as described in IDEA shall include a written statement as to
3 the reason the parent or guardian believes that the action
4 taken by the district is not supported by substantial
5 evidence and all relevant documentation in the parent's or
6 guardian's possession. Also, the documentation shall include
7 (1) whether the parent or guardian is represented by legal
8 counsel or intends to retain legal counsel; (2) the matters
9 the parent or guardian believes to be in dispute in the case
10 and the specific relief being sought; and (3) the names of
11 all witnesses the parent or guardian intends to call to
12 testify at the hearing.
13 The hearing officer shall not initiate or participate in
14 any ex parte communications with the parties, except to
15 arrange the date, time, and location of the expedited
16 hearing. The hearing officer shall contact the parties one
17 day after appointment and set a hearing date which shall be
18 no later than 4 days after contacting parties. The hearing
19 officer shall disclose and provide to each party any evidence
20 which is intended to be submitted into the hearing record no
21 later than 2 days before the hearing. The length of the
22 hearing shall not exceed 2 days unless good cause is shown.
23 Any party to the hearing shall have the right to (1) be
24 represented by counsel and be accompanied and advised by
25 individuals with special knowledge or training with respect
26 to the problems of children with disabilities, at the party's
27 own expense; (2) present evidence and confront and
28 cross-examine witnesses; (3) move for the exclusion of
29 witnesses from the hearing until they are called to testify,
30 provided, however, that this provision may not be invoked to
31 exclude the individual designated by a party to assist that
32 party or its representative in the presentation of the case;
33 (4) in accord with the provisions of subsection (g) of
34 Section 14-8.02a, obtain a written or electronic verbatim
-24- LRB9004521KDksam
1 record of the proceedings; and (5) obtain a written decision,
2 including findings of fact and conclusions of law, within 2
3 days after the conclusion of the hearing.
4 The State Board of Education and the school district
5 shall share equally the costs of providing a written or
6 electronic verbatim record of the proceedings. Any party may
7 request that the hearing officer issue a subpoena to compel
8 the testimony of witnesses or the production of documents
9 relevant to the resolution of the hearing. Whenever a person
10 refuses to comply with any subpoena issued under this
11 Section, the circuit court of the county in which that
12 hearing is pending, on application of the impartial hearing
13 officer or the party requesting the issuance of the subpoena,
14 may compel compliance through the contempt powers of the
15 court in the same manner as if the requirements of a subpoena
16 issued by the court had been disobeyed.
17 The impartial hearing officer shall issue a final written
18 decision, including findings of fact and conclusions of law,
19 within 2 days after the conclusion of the hearing and mail a
20 copy of the decision to the parents, guardian, or student (if
21 the student requests the hearing), the school district, the
22 director of special education, legal representatives of the
23 parties, and the State Board of Education.
24 The hearing officer presiding over the expedited hearing
25 shall hear only that issue or issues identified by IDEA as
26 proper for expedited hearings, leaving all other issues to be
27 heard under a separate request to be initiated and processed
28 in accordance with the hearing procedures provided for in
29 this Article and in accordance with the implementing
30 regulations.
31 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
32 Sec. 14-15.01. Community and Residential Services
33 Authority.
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1 (a) (1) The Community and Residential Services Authority
2 for Behavior Disturbed and Severe Emotionally Disturbed
3 Individuals is hereby created and shall consist of the
4 following members:
5 A representative of the State Board of Education;
6 Three representatives of the Department of Human
7 Services;
8 A representative of the Department of Children and Family
9 Services;
10 A representative of the Department of Public Health;
11 A representative of the Department of Corrections;
12 A representative of the Department of Public Aid;
13 A representative of the Attorney General's Disability
14 Rights Advocacy Division;
15 The Chairperson and Minority Spokesperson of the House
16 and Senate Committees on Elementary and Secondary Education
17 or their designees; and
18 Six persons appointed by the Governor. Five of such
19 appointees shall be experienced or knowledgeable relative to
20 provision of services for individuals with a who are behavior
21 disorder disturbed or a severe emotional disturbance
22 emotionally disturbed students and shall include
23 representatives of both the private and public sectors,
24 except that no more than 2 of those 5 appointees may be from
25 the public sector and at least 2 must be or have been
26 directly involved in provision of services to such
27 individuals. The remaining member appointed by the Governor
28 shall be or shall have been a parent of an individual with a
29 behavior disorder disturbed or a severe emotional disturbance
30 emotionally disturbed child or adolescent, and that appointee
31 may be from either the private or the public sector.
32 (2) Members appointed by the Governor shall be appointed
33 for terms of 4 years and shall continue to serve until their
34 respective successors are appointed; provided that the terms
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1 of the original appointees shall expire on August 1, 1990,
2 and the term of the additional member appointed under this
3 amendatory Act of 1992 shall commence upon the appointment
4 and expire August 1, 1994. Any vacancy in the office of a
5 member appointed by the Governor shall be filled by
6 appointment of the Governor for the remainder of the term.
7 A vacancy in the office of a member appointed by the
8 Governor exists when one or more of the following events
9 occur:
10 (i) An appointee dies;
11 (ii) An appointee files a written resignation with
12 the Governor;
13 (iii) An appointee ceases to be a legal resident of
14 the State of Illinois; or
15 (iv) An appointee fails to attend a majority of
16 regularly scheduled Authority meetings in a fiscal year.
17 Members who are representatives of an agency shall serve
18 at the will of the agency head. Membership on the Authority
19 shall cease immediately upon cessation of their affiliation
20 with the agency. If such a vacancy occurs, the appropriate
21 agency head shall appoint another person to represent the
22 agency.
23 If a legislative member of the Authority ceases to be
24 Chairperson or Minority Spokesperson of the designated
25 Committees, they shall automatically be replaced on the
26 Authority by the person who assumes the position of
27 Chairperson or Minority Spokesperson.
28 (b) The Community and Residential Services Authority
29 shall have the following powers and duties:
30 (1) To conduct surveys to determine the extent of
31 need, the degree to which documented need is currently
32 being met and feasible alternatives for matching need
33 with resources.
34 (2) To develop policy statements for interagency
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1 cooperation to cover all aspects of service delivery,
2 including laws, regulations and procedures, and clear
3 guidelines for determining responsibility at all times.
4 (3) To recommend policy statements and provide
5 information regarding effective programs for delivery of
6 services to all individuals with a who are behavior
7 disorder or a disturbed and severe emotional disturbance
8 emotionally disturbed of all ages in public or private
9 situations.
10 (4) To review the criteria for service eligibility,
11 provision and availability established by the
12 governmental agencies represented on this Authority, and
13 to recommend changes, additions or deletions to such
14 criteria.
15 (5) To develop and submit to the Governor, the
16 General Assembly, the Directors of the agencies
17 represented on the Authority, and the State Board of
18 Education a master plan for individuals with a who are
19 behavior disorder or a disturbed and severe emotional
20 disturbance emotionally disturbed, including detailed
21 plans of service for day schools and residential schools
22 ranging from the least to the most restrictive placement
23 options; and to assist local communities, upon request,
24 in developing or strengthening collaborative interagency
25 networks.
26 (6) To develop a process for making determinations
27 in situations where there is a dispute relative to a plan
28 of service for placements of individuals or funding for a
29 plan of service services for individual placements.
30 (7) To provide technical assistance to parents,
31 service consumers, and providers, and member agency
32 personnel regarding statutory responsibilities of human
33 service and educational agencies, and to provide such
34 assistance as deemed necessary to appropriately access
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1 needed services.
2 (c) (1) The members of the Authority shall receive no
3 compensation for their services but shall be entitled to
4 reimbursement of reasonable expenses incurred while
5 performing their duties.
6 (2) The Authority may appoint special study groups to
7 operate under the direction of the Authority and persons
8 appointed to such groups shall receive only reimbursement of
9 reasonable expenses incurred in the performance of their
10 duties.
11 (3) The Authority shall elect from its membership a
12 chairperson, vice-chairperson and secretary.
13 (4) The Authority may employ and fix the compensation of
14 such employees and technical assistants as it deems necessary
15 to carry out its powers and duties under this Act. Staff
16 assistance for the Authority shall be provided by the State
17 Board of Education.
18 (5) Funds for the ordinary and contingent expenses of
19 the Authority shall be appropriated to the State Board of
20 Education in a separate line item.
21 (d) (1) The Authority shall have power to promulgate
22 rules and regulations to carry out its powers and duties
23 under this Act.
24 (2) The Authority may accept monetary gifts or grants
25 from the federal government or any agency thereof, from any
26 charitable foundation or professional association or from any
27 other reputable source for implementation of any program
28 necessary or desirable to the carrying out of the general
29 purposes of the Authority. Such gifts and grants may be held
30 in trust by the Authority and expended in the exercise of its
31 powers and performance of its duties as prescribed by law.
32 (3) The Authority shall submit an annual report of its
33 activities and expenditures to the Governor, the General
34 Assembly, the directors of agencies represented on the
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1 Authority, and the State Superintendent of Education.
2 (Source: P.A. 88-386; 89-21, eff. 7-1-95; 89-507, eff.
3 7-1-97.)
4 (105 ILCS 5/17-2.11b new)
5 Sec. 17-2.11b. Validation. Whenever prior to the
6 effective date of this amendatory Act of 1997, a community
7 unit school district having a 1995-96 enrollment of fewer
8 than 450 and a 1995 equalized assessed valuation of less than
9 $12,000,000 has levied and the county clerk has extended
10 taxes for the purposes described in Section 17-2.11 without
11 the certificates of the regional superintendent of schools
12 and the State Superintendent of Education required by that
13 Section, the tax levies and extensions and the expenditures
14 by the school district of the extended amounts are hereby
15 validated for all purposes to the same extent as if the
16 district had received and filed the necessary certifications
17 prior to the tax levies and extensions and had expended the
18 funds in full compliance with Section 17-2.11.
19 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
20 Sec. 18-8. Basis for apportionment to districts,
21 laboratory schools and alternative schools.
22 A. The amounts to be apportioned shall be determined for
23 each educational service region by school districts, as
24 follows:
25 1. General Provisions.
26 (a) In the computation of the amounts to be apportioned,
27 the average daily attendance of all pupils in grades 9
28 through 12 shall be multiplied by 1.25. The average daily
29 attendance of all pupils in grades 7 and 8 shall be
30 multiplied by 1.05.
31 (b) The actual number of pupils in average daily
32 attendance shall be computed in a one-teacher school district
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1 by dividing the total aggregate days of pupil attendance by
2 the actual number of days school is in session but not more
3 than 30 such pupils shall be accredited for such type of
4 district; and in districts of 2 or more teachers, or in
5 districts where records of attendance are kept by session
6 teachers, by taking the sum of the respective averages of the
7 units composing the group.
8 (c) Pupils in average daily attendance shall be computed
9 upon the average of the best 3 months of pupils attendance of
10 the current school year except as district claims may be
11 later amended as provided hereinafter in this Section.
12 However, for any school district maintaining grades
13 kindergarten through 12, the "average daily attendance" shall
14 be computed on the average of the best 3 months of pupils
15 attendance of the current year in grades kindergarten through
16 8, added together with the average of the best 3 months of
17 pupils attendance of the current year in grades 9 through 12,
18 except as district claims may be later amended as provided in
19 this Section. Days of attendance shall be kept by regular
20 calendar months, except any days of attendance in August
21 shall be added to the month of September and any days of
22 attendance in June shall be added to the month of May.
23 Except as otherwise provided in this Section, days of
24 attendance by pupils shall be counted only for sessions of
25 not less than 5 clock hours of school work per day under
26 direct supervision of: (i) teachers, or (ii) non-teaching
27 personnel or volunteer personnel when engaging in
28 non-teaching duties and supervising in those instances
29 specified in subsection (a) of Section 10-22.34 and paragraph
30 10 of Section 34-18, with pupils of legal school age and in
31 kindergarten and grades 1 through 12.
32 (d) Pupils regularly enrolled in a public school for
33 only a part of the school day may be counted on the basis of
34 1/6 day for every class hour of instruction of 40 minutes or
-31- LRB9004521KDksam
1 more attended pursuant to such enrollment.
2 (e) Days of attendance may be less than 5 clock hours on
3 the opening and closing of the school term, and upon the
4 first day of pupil attendance, if preceded by a day or days
5 utilized as an institute or teachers' workshop.
6 (f) A session of 4 or more clock hours may be counted as
7 a day of attendance upon certification by the regional
8 superintendent, and approved by the State Superintendent of
9 Education to the extent that the district has been forced to
10 use daily multiple sessions.
11 (g) A session of 3 or more clock hours may be counted as
12 a day of attendance (1) when the remainder of the school day
13 or at least 2 hours in the evening of that day is utilized
14 for an in-service training program for teachers, up to a
15 maximum of 5 days per school year of which a maximum of 4
16 days of such 5 days may be used for parent-teacher
17 conferences, provided a district conducts an in-service
18 training program for teachers which has been approved by the
19 State Superintendent of Education; or, in lieu of 4 such
20 days, 2 full days may be used, in which event each such day
21 may be counted as a day of attendance; and (2) when days in
22 addition to those provided in item (1) are scheduled by a
23 school pursuant to its school improvement plan adopted under
24 Article 34 or its revised or amended school improvement plan
25 adopted under Article 2, provided that (i) such sessions of 3
26 or more clock hours are scheduled to occur at regular
27 intervals, (ii) the remainder of the school days in which
28 such sessions occur are utilized for in-service training
29 programs or other staff development activities for teachers,
30 and (iii) a sufficient number of minutes of school work under
31 the direct supervision of teachers are added to the school
32 days between such regularly scheduled sessions to accumulate
33 not less than the number of minutes by which such sessions of
34 3 or more clock hours fall short of 5 clock hours. Any full
-32- LRB9004521KDksam
1 days used for the purposes of this paragraph shall not be
2 considered for computing average daily attendance. Days
3 scheduled for in-service training programs, staff development
4 activities, or parent-teacher conferences may be scheduled
5 separately for different grade levels and different
6 attendance centers of the district.
7 (h) A session of not less than one clock hour teaching
8 of hospitalized or homebound pupils on-site or by telephone
9 to the classroom may be counted as 1/2 day of attendance,
10 however these pupils must receive 4 or more clock hours of
11 instruction to be counted for a full day of attendance.
12 (i) A session of at least 4 clock hours may be counted
13 as a day of attendance for first grade pupils, and pupils in
14 full day kindergartens, and a session of 2 or more hours may
15 be counted as 1/2 day of attendance by pupils in
16 kindergartens which provide only 1/2 day of attendance.
17 (j) For children with disabilities who are below the age
18 of 6 years and who cannot attend two or more clock hours
19 because of their disability or immaturity, a session of not
20 less than one clock hour may be counted as 1/2 day of
21 attendance; however for such children whose educational needs
22 so require a session of 4 or more clock hours may be counted
23 as a full day of attendance.
24 (k) A recognized kindergarten which provides for only
25 1/2 day of attendance by each pupil shall not have more than
26 1/2 day of attendance counted in any 1 day. However,
27 kindergartens may count 2 1/2 days of attendance in any 5
28 consecutive school days. Where a pupil attends such a
29 kindergarten for 2 half days on any one school day, such
30 pupil shall have the following day as a day absent from
31 school, unless the school district obtains permission in
32 writing from the State Superintendent of Education.
33 Attendance at kindergartens which provide for a full day of
34 attendance by each pupil shall be counted the same as
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1 attendance by first grade pupils. Only the first year of
2 attendance in one kindergarten shall be counted except in
3 case of children who entered the kindergarten in their fifth
4 year whose educational development requires a second year of
5 kindergarten as determined under the rules and regulations of
6 the State Board of Education.
7 (l) Days of attendance by tuition pupils shall be
8 accredited only to the districts that pay the tuition to a
9 recognized school.
10 (m) The greater of the immediately preceding year's
11 weighted average daily attendance or the average of the
12 weighted average daily attendance of the immediately
13 preceding year and the previous 2 years shall be used.
14 For any school year beginning July 1, 1986 or thereafter,
15 if the weighted average daily attendance in either grades
16 kindergarten through 8 or grades 9 through 12 of a district
17 as computed for the first calendar month of the current
18 school year exceeds by more than 5%, but not less than 25
19 pupils, the district's weighted average daily attendance for
20 the first calendar month of the immediately preceding year
21 in, respectively, grades kindergarten through 8 or grades 9
22 through 12, a supplementary payment shall be made to the
23 district equal to the difference in the amount of aid the
24 district would be paid under this Section using the weighted
25 average daily attendance in the district as computed for the
26 first calendar month of the current school year and the
27 amount of aid the district would be paid using the weighted
28 average daily attendance in the district for the first
29 calendar month of the immediately preceding year. Such
30 supplementary State aid payment shall be paid to the district
31 as provided in Section 18-8.4 and shall be treated as
32 separate from all other payments made pursuant to this
33 Section 18-8.
34 (n) The number of low income eligible pupils in a
-34- LRB9004521KDksam
1 district shall result in an increase in the weighted average
2 daily attendance calculated as follows: The number of low
3 income pupils shall increase the weighted ADA by .53 for each
4 student adjusted by dividing the percent of low income
5 eligible pupils in the district by the ratio of eligible low
6 income pupils in the State to the best 3 months' weighted
7 average daily attendance in the State. In no case may the
8 adjustment under this paragraph result in a greater weighting
9 than .625 for each eligible low income student. The number
10 of low income eligible pupils in a district shall be the
11 low-income eligible count from the most recently available
12 federal census and the weighted average daily attendance
13 shall be calculated in accordance with the other provisions
14 of this paragraph.
15 (o) Any school district which fails for any given school
16 year to maintain school as required by law, or to maintain a
17 recognized school is not eligible to file for such school
18 year any claim upon the common school fund. In case of
19 nonrecognition of one or more attendance centers in a school
20 district otherwise operating recognized schools, the claim of
21 the district shall be reduced in the proportion which the
22 average daily attendance in the attendance center or centers
23 bear to the average daily attendance in the school district.
24 A "recognized school" means any public school which meets the
25 standards as established for recognition by the State Board
26 of Education. A school district or attendance center not
27 having recognition status at the end of a school term is
28 entitled to receive State aid payments due upon a legal claim
29 which was filed while it was recognized.
30 (p) School district claims filed under this Section are
31 subject to Sections 18-9, 18-10 and 18-12, except as herein
32 otherwise provided.
33 (q) The State Board of Education shall secure from the
34 Department of Revenue the value as equalized or assessed by
-35- LRB9004521KDksam
1 the Department of Revenue of all taxable property of every
2 school district together with the applicable tax rate used in
3 extending taxes for the funds of the district as of September
4 30 of the previous year. The Department of Revenue shall add
5 to the equalized assessed value of all taxable property of
6 each school district situated entirely or partially within a
7 county with 2,000,000 or more inhabitants an amount equal to
8 the total amount by which the homestead exemptions allowed
9 under Sections 15-170 and 15-175 of the Property Tax Code for
10 real property situated in that school district exceeds the
11 total amount that would have been allowed in that school
12 district as homestead exemptions under those Sections if the
13 maximum reduction under Section 15-170 of the Property Tax
14 Code was $2,000 and the maximum reduction under Section
15 15-175 of the Property Tax Code was $3,500. The county clerk
16 of any county with 2,000,000 or more inhabitants shall
17 annually calculate and certify to the Department for each
18 school district all homestead exemption amounts required by
19 this amendatory Act of 1992. In a new district which has not
20 had any tax rates yet determined for extension of taxes, a
21 leveled uniform rate shall be computed from the latest amount
22 of the fund taxes extended on the several areas within such
23 new district.
24 (r) If a school district operates a full year school
25 under Section 10-19.1, the general state aid to the school
26 district shall be determined by the State Board of Education
27 in accordance with this Section as near as may be applicable.
28 2. New or recomputed claim. The general State aid
29 entitlement for a newly created school district or a district
30 which has annexed an entire school district shall be computed
31 using attendance, compensatory pupil counts, equalized
32 assessed valuation, and tax rate data which would have been
33 used had the district been in existence for 3 years. General
34 State aid entitlements shall not be recomputed except as
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1 permitted herein.
2 3. Impaction. Impaction payments shall be made as
3 provided for in Section 18-4.2.
4 4. Summer school. Summer school payments shall be made
5 as provided in Section 18-4.3.
6 5. Computation of State aid. The State grant shall be
7 determined as follows:
8 (a) The State shall guarantee the amount of money that a
9 district's operating tax rate as limited in other Sections of
10 this Act would produce if every district maintaining grades
11 kindergarten through 12 had an equalized assessed valuation
12 equal to $74,791 per weighted ADA pupil; every district
13 maintaining grades kindergarten through 8 had an equalized
14 assessed valuation of $108,644 per weighted ADA pupil; and
15 every district maintaining grades 9 through 12 had an
16 equalized assessed valuation of $187,657 per weighted ADA
17 pupil. The State Board of Education shall adjust the
18 equalized assessed valuation amounts stated in this
19 paragraph, if necessary, to conform to the amount of the
20 appropriation approved for any fiscal year.
21 (b) The operating tax rate to be used shall consist of
22 all district taxes extended for all purposes except community
23 college educational purposes for the payment of tuition under
24 Section 6-1 of the Public Community College Act, Bond and
25 Interest, Summer School, Rent, Capital Improvement and
26 Vocational Education Building. Any district may elect to
27 exclude Transportation from the calculation of its operating
28 tax rate. Districts may include taxes extended for the
29 payment of principal and interest on bonds issued under the
30 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
31 per year for each purpose or the actual rate extended,
32 whichever is less.
33 (c) For calculation of aid under this Act a district
34 shall use the combined authorized tax rates of all funds not
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1 exempt in (b) above, not to exceed 2.76% of the value of all
2 its taxable property as equalized or assessed by the
3 Department of Revenue for districts maintaining grades
4 kindergarten through 12; 1.90% of the value of all its
5 taxable property as equalized or assessed by the Department
6 of Revenue for districts maintaining grades kindergarten
7 through 8 only; 1.10% of the value of all its taxable
8 property as equalized or assessed by the Department of
9 Revenue for districts maintaining grades 9 through 12 only.
10 A district may, however, as provided in Article 17, increase
11 its operating tax rate above the maximum rate provided in
12 this subsection without affecting the amount of State aid to
13 which it is entitled under this Act.
14 (d) (1) For districts maintaining grades kindergarten
15 through 12 with an operating tax rate as described in
16 subsections 5(b) and (c) of less than 2.18%, and districts
17 maintaining grades kindergarten through 8 with an operating
18 tax rate of less than 1.28%, State aid shall be computed by
19 multiplying the difference between the guaranteed equalized
20 assessed valuation per weighted ADA pupil in subsection 5(a)
21 and the equalized assessed valuation per weighted ADA pupil
22 in the district by the operating tax rate, multiplied by the
23 weighted average daily attendance of the district; provided,
24 however, that for the 1989-1990 school year only, a school
25 district maintaining grades kindergarten through 8 whose
26 operating tax rate with reference to which its general State
27 aid for the 1989-1990 school year is determined is less than
28 1.28% and more than 1.090%, and which had an operating tax
29 rate of 1.28% or more for the previous year, shall have its
30 general State aid computed according to the provisions of
31 subsection 5(d)(2).
32 (2) For districts maintaining grades kindergarten
33 through 12 with an operating tax rate as described in
34 subsection 5(b) and (c) of 2.18% and above, the State aid
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1 shall be computed as provided in subsection (d) (1) but as
2 though the district had an operating tax rate of 2.76%; in
3 K-8 districts with an operating tax rate of 1.28% and above,
4 the State aid shall be computed as provided in subsection (d)
5 (1) but as though the district had an operating tax rate of
6 1.90%; and in 9-12 districts, the State aid shall be computed
7 by multiplying the difference between the guaranteed
8 equalized assessed valuation per weighted average daily
9 attendance pupil in subsection 5(a) and the equalized
10 assessed valuation per weighted average daily attendance
11 pupil in the district by the operating tax rate, not to
12 exceed 1.10%, multiplied by the weighted average daily
13 attendance of the district. State aid computed under the
14 provisions of this subsection (d) (2) shall be treated as
15 separate from all other payments made pursuant to this
16 Section. The State Comptroller and State Treasurer shall
17 transfer from the General Revenue Fund to the Common School
18 Fund the amounts necessary to permit these claims to be paid
19 in equal installments along with other State aid payments
20 remaining to be made for the 1983-1984 school year under this
21 Section.
22 (3) For any school district whose 1995 equalized
23 assessed valuation is at least 6% less than its 1994
24 equalized assessed valuation as the result of a reduction in
25 the equalized assessed valuation of the taxable property
26 within such district of any one taxpayer whose taxable
27 property within the district has a 1994 equalized assessed
28 valuation constituting at least 20% of the 1994 equalized
29 assessed valuation of all taxable property within the
30 district, the 1996-97 State aid of such district shall be
31 computed using its 1995 equalized assessed valuation.
32 (4) For any school district whose 1988 equalized
33 assessed valuation is 55% or less of its 1981 equalized
34 assessed valuation, the 1990-91 State aid of such district
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1 shall be computed by multiplying the 1988 equalized assessed
2 valuation by a factor of .8. Any such school district which
3 is reorganized effective for the 1991-92 school year shall
4 use the formula provided in this subparagraph for purposes of
5 the calculation made pursuant to subsection (m) of this
6 Section.
7 (e) The amount of State aid shall be computed under the
8 provisions of subsections 5(a) through 5(d) provided the
9 equalized assessed valuation per weighted ADA pupil is less
10 than .87 of the amounts in subsection 5(a). If the equalized
11 assessed valuation per weighted ADA pupil is equal to or
12 greater than .87 of the amounts in subsection 5(a), the State
13 aid shall be computed under the provisions of subsection
14 5(f).
15 (f) If the equalized assessed valuation per weighted ADA
16 pupil is equal to or greater than .87 of the amounts in
17 subsection 5(a), the State aid per weighted ADA pupil shall
18 be computed by multiplying the product of .13 times the
19 maximum per pupil amount computed under the provisions of
20 subsections 5(a) through 5(d) by an amount equal to the
21 quotient of .87 times the equalized assessed valuation per
22 weighted ADA pupil in subsection 5(a) for that type of
23 district divided by the district equalized valuation per
24 weighted ADA pupil except in no case shall the district
25 receive State aid per weighted ADA pupil of less than .07
26 times the maximum per pupil amount computed under the
27 provisions of subsections 5(a) through 5(d).
28 (g) In addition to the above grants, summer school
29 grants shall be made based upon the calculation as provided
30 in subsection 4 of this Section.
31 (h) The board of any district receiving any of the
32 grants provided for in this Section may apply those funds to
33 any fund so received for which that board is authorized to
34 make expenditures by law.
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1 (i) (1) (a) In school districts with an average daily
2 attendance of 50,000 or more, the amount which is provided
3 under subsection 1(n) of this Section by the application of a
4 base Chapter 1 weighting factor of .375 shall be distributed
5 to the attendance centers within the district in proportion
6 to the number of pupils enrolled at each attendance center
7 who are eligible to receive free or reduced-price lunches or
8 breakfasts under the federal Child Nutrition Act of 1966 and
9 under the National School Lunch Act during the immediately
10 preceding school year. The amount of State aid provided
11 under subsection 1(n) of this Section by the application of
12 the Chapter 1 weighting factor in excess of .375 shall be
13 distributed to the attendance centers within the district in
14 proportion to the total enrollment at each attendance center.
15 Beginning with school year 1989-90, and each school year
16 thereafter, all funds provided under subsection 1 (n) of this
17 Section by the application of the Chapter 1 weighting factor
18 which are in excess of the level of non-targeted Chapter 1
19 funds in school year 1988-89 shall be distributed to
20 attendance centers, and only to attendance centers, within
21 the district in proportion to the number of pupils enrolled
22 at each attendance center who are eligible to receive free or
23 reduced price lunches or breakfasts under the Federal Child
24 Nutrition Act and under the National School Lunch Act during
25 the immediately preceding school year. Beginning in school
26 year 1989-90, 25% of the previously non-targeted Chapter 1
27 funds as established for school year 1988-89 shall also be
28 distributed to the attendance centers, and only to attendance
29 centers, in the district in proportion to the number of
30 pupils enrolled at each attendance center who are eligible to
31 receive free or reduced price lunches or breakfasts under the
32 Federal Child Nutrition Act and under the National School
33 Lunch Act during the immediately preceding school year; in
34 school year 1990-91, 50% of the previously non-targeted
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1 Chapter 1 funds as established for school year 1988-89 shall
2 be distributed to attendance centers, and only to attendance
3 centers, in the district in proportion to the number of
4 pupils enrolled at each attendance center who are eligible to
5 receive such free or reduced price lunches or breakfasts
6 during the immediately preceding school year; in school year
7 1991-92, 75% of the previously non-targeted Chapter 1 funds
8 as established for school year 1988-89 shall be distributed
9 to attendance centers, and only to attendance centers, in the
10 district in proportion to the number of pupils enrolled at
11 each attendance center who are eligible to receive such free
12 or reduced price lunches or breakfasts during the immediately
13 preceding school year; in school year 1992-93 and thereafter,
14 all funds provided under subsection 1 (n) of this Section by
15 the application of the Chapter 1 weighting factor shall be
16 distributed to attendance centers, and only to attendance
17 centers, in the district in proportion to the number of
18 pupils enrolled at each attendance center who are eligible to
19 receive free or reduced price lunches or breakfasts under the
20 Federal Child Nutrition Act and under the National School
21 Lunch Act during the immediately preceding school year;
22 provided, however, that the distribution formula in effect
23 beginning with school year 1989-90 shall not be applicable to
24 such portion of State aid provided under subsection 1 (n) of
25 this Section by the application of the Chapter 1 weighting
26 formula as is set aside and appropriated by the school
27 district for the purpose of providing desegregation programs
28 and related transportation to students (which portion shall
29 not exceed 5% of the total amount of State aid which is
30 provided under subsection 1 (n) of this Section by
31 application of the Chapter 1 weighting formula), and the
32 relevant percentages shall be applied to the remaining
33 portion of such State aid. The distribution of these
34 portions of general State aid among attendance centers
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1 according to these requirements shall not be compensated for
2 or contravened by adjustments of the total of other funds
3 appropriated to any attendance centers. (b) The Board of
4 Education shall utilize funding from one or several sources
5 in order to fully implement this provision annually prior to
6 the opening of school. The Board of Education shall apply
7 savings from reduced administrative costs required under
8 Section 34-43.1 and growth in non-Chapter 1 State and local
9 funds to assure that all attendance centers receive funding
10 to replace losses due to redistribution of Chapter 1 funding.
11 The distribution formula and funding to replace losses due to
12 the distribution formula shall occur, in full, using any and
13 all sources available, including, if necessary, revenue from
14 administrative reductions beyond those required in Section
15 34-43.1, in order to provide the necessary funds. (c) Each
16 attendance center shall be provided by the school district a
17 distribution of noncategorical funds and other categorical
18 funds to which an attendance center is entitled under law in
19 order that the State aid provided by application of the
20 Chapter 1 weighting factor and required to be distributed
21 among attendance centers according to the requirements of
22 this paragraph supplements rather than supplants the
23 noncategorical funds and other categorical funds provided by
24 the school district to the attendance centers.
25 Notwithstanding the foregoing provisions of this subsection
26 5(i)(1) or any other law to the contrary, beginning with the
27 1995-1996 school year and for each school year thereafter,
28 the board of a school district to which the provisions of
29 this subsection apply shall be required to allocate or
30 provide to attendance centers of the district in any such
31 school year, from the State aid provided for the district
32 under this Section by application of the Chapter 1 weighting
33 factor, an aggregate amount of not less than $261,000,000 of
34 State Chapter 1 funds. Any State Chapter 1 funds that by
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1 reason of the provisions of this paragraph are not required
2 to be allocated and provided to attendance centers may be
3 used and appropriated by the board of the district for any
4 lawful school purpose. Chapter 1 funds received by an
5 attendance center (except those funds set aside for
6 desegregation programs and related transportation to
7 students) shall be used on the schedule cited in this Section
8 at the attendance center at the discretion of the principal
9 and local school council for programs to improve educational
10 opportunities at qualifying schools through the following
11 programs and services: early childhood education, reduced
12 class size or improved adult to student classroom ratio,
13 enrichment programs, remedial assistance, attendance
14 improvement and other educationally beneficial expenditures
15 which supplement the regular and basic programs as determined
16 by the State Board of Education. Chapter 1 funds shall not
17 be expended for any political or lobbying purposes as defined
18 by board rule. (d) Each district subject to the provisions of
19 this paragraph shall submit an acceptable plan to meet the
20 educational needs of disadvantaged children, in compliance
21 with the requirements of this paragraph, to the State Board
22 of Education prior to July 15 of each year. This plan shall
23 be consistent with the decisions of local school councils
24 concerning the school expenditure plans developed in
25 accordance with part 4 of Section 34-2.3. The State Board
26 shall approve or reject the plan within 60 days after its
27 submission. If the plan is rejected the district shall give
28 written notice of intent to modify the plan within 15 days of
29 the notification of rejection and then submit a modified plan
30 within 30 days after the date of the written notice of intent
31 to modify. Districts may amend approved plans pursuant to
32 rules promulgated by the State Board of Education.
33 Upon notification by the State Board of Education that
34 the district has not submitted a plan prior to July 15 or a
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1 modified plan within the time period specified herein, the
2 State aid funds affected by said plan or modified plan shall
3 be withheld by the State Board of Education until a plan or
4 modified plan is submitted.
5 If the district fails to distribute State aid to
6 attendance centers in accordance with an approved plan, the
7 plan for the following year shall allocate funds, in addition
8 to the funds otherwise required by this subparagraph, to
9 those attendance centers which were underfunded during the
10 previous year in amounts equal to such underfunding.
11 For purposes of determining compliance with this
12 subsection in relation to Chapter 1 expenditures, each
13 district subject to the provisions of this subsection shall
14 submit as a separate document by December 1 of each year a
15 report of Chapter 1 expenditure data for the prior year in
16 addition to any modification of its current plan. If it is
17 determined that there has been a failure to comply with the
18 expenditure provisions of this subsection regarding
19 contravention or supplanting, the State Superintendent of
20 Education shall, within 60 days of receipt of the report,
21 notify the district and any affected local school council.
22 The district shall within 45 days of receipt of that
23 notification inform the State Superintendent of Education of
24 the remedial or corrective action to be taken, whether by
25 amendment of the current plan, if feasible, or by adjustment
26 in the plan for the following year. Failure to provide the
27 expenditure report or the notification of remedial or
28 corrective action in a timely manner shall result in a
29 withholding of the affected funds.
30 The State Board of Education shall promulgate rules and
31 regulations to implement the provisions of this subsection
32 5(i)(1). No funds shall be released under subsection 1(n) of
33 this Section or under this subsection 5(i)(1) to any district
34 which has not submitted a plan which has been approved by the
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1 State Board of Education.
2 (2) School districts with an average daily attendance of
3 more than 1,000 and less than 50,000 and having a low income
4 pupil weighting factor in excess of .53 shall submit a plan
5 to the State Board of Education prior to October 30 of each
6 year for the use of the funds resulting from the application
7 of subsection 1(n) of this Section for the improvement of
8 instruction in which priority is given to meeting the
9 education needs of disadvantaged children. Such plan shall
10 be submitted in accordance with rules and regulations
11 promulgated by the State Board of Education.
12 (j) For the purposes of calculating State aid under this
13 Section, with respect to any part of a school district within
14 a redevelopment project area in respect to which a
15 municipality has adopted tax increment allocation financing
16 pursuant to the Tax Increment Allocation Redevelopment Act,
17 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
18 Municipal Code or the Industrial Jobs Recovery Law, Sections
19 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
20 no part of the current equalized assessed valuation of real
21 property located in any such project area which is
22 attributable to an increase above the total initial equalized
23 assessed valuation of such property shall be used in
24 computing the equalized assessed valuation per weighted ADA
25 pupil in the district, until such time as all redevelopment
26 project costs have been paid, as provided in Section
27 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
28 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
29 For the purpose of computing the equalized assessed valuation
30 per weighted ADA pupil in the district the total initial
31 equalized assessed valuation or the current equalized
32 assessed valuation, whichever is lower, shall be used until
33 such time as all redevelopment project costs have been paid.
34 (k) For a school district operating under the financial
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1 supervision of an Authority created under Article 34A, the
2 State aid otherwise payable to that district under this
3 Section, other than State aid attributable to Chapter 1
4 students, shall be reduced by an amount equal to the budget
5 for the operations of the Authority as certified by the
6 Authority to the State Board of Education, and an amount
7 equal to such reduction shall be paid to the Authority
8 created for such district for its operating expenses in the
9 manner provided in Section 18-11. The remainder of State
10 school aid for any such district shall be paid in accordance
11 with Article 34A when that Article provides for a disposition
12 other than that provided by this Article.
13 (l) For purposes of calculating State aid under this
14 Section, the equalized assessed valuation for a school
15 district used to compute State aid shall be determined by
16 adding to the real property equalized assessed valuation for
17 the district an amount computed by dividing the amount of
18 money received by the district under the provisions of "An
19 Act in relation to the abolition of ad valorem personal
20 property tax and the replacement of revenues lost thereby",
21 certified August 14, 1979, by the total tax rate for the
22 district. For purposes of this subsection 1976 tax rates
23 shall be used for school districts in the county of Cook and
24 1977 tax rates shall be used for school districts in all
25 other counties.
26 (m) (1) For a new school district formed by combining
27 property included totally within 2 or more previously
28 existing school districts, for its first year of existence or
29 if the new district was formed after October 31, 1982 and
30 prior to September 23, 1985, for the year immediately
31 following September 23, 1985, the State aid calculated under
32 this Section shall be computed for the new district and for
33 the previously existing districts for which property is
34 totally included within the new district. If the computation
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1 on the basis of the previously existing districts is greater,
2 a supplementary payment equal to the difference shall be made
3 for the first 3 years of existence of the new district or if
4 the new district was formed after October 31, 1982 and prior
5 to September 23, 1985, for the 3 years immediately following
6 September 23, 1985.
7 (2) For a school district which annexes all of the
8 territory of one or more entire other school districts, for
9 the first year during which the change of boundaries
10 attributable to such annexation becomes effective for all
11 purposes as determined under Section 7-9 or 7A-8, the State
12 aid calculated under this Section shall be computed for the
13 annexing district as constituted after the annexation and for
14 the annexing and each annexed district as constituted prior
15 to the annexation; and if the computation on the basis of the
16 annexing and annexed districts as constituted prior to the
17 annexation is greater, a supplementary payment equal to the
18 difference shall be made for the first 3 years of existence
19 of the annexing school district as constituted upon such
20 annexation.
21 (3) For 2 or more school districts which annex all of
22 the territory of one or more entire other school districts,
23 and for 2 or more community unit districts which result upon
24 the division (pursuant to petition under Section 11A-2) of
25 one or more other unit school districts into 2 or more parts
26 and which together include all of the parts into which such
27 other unit school district or districts are so divided, for
28 the first year during which the change of boundaries
29 attributable to such annexation or division becomes effective
30 for all purposes as determined under Section 7-9 or 11A-10,
31 as the case may be, the State aid calculated under this
32 Section shall be computed for each annexing or resulting
33 district as constituted after the annexation or division and
34 for each annexing and annexed district, or for each resulting
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1 and divided district, as constituted prior to the annexation
2 or division; and if the aggregate of the State aid as so
3 computed for the annexing or resulting districts as
4 constituted after the annexation or division is less than the
5 aggregate of the State aid as so computed for the annexing
6 and annexed districts, or for the resulting and divided
7 districts, as constituted prior to the annexation or
8 division, then a supplementary payment equal to the
9 difference shall be made and allocated between or among the
10 annexing or resulting districts, as constituted upon such
11 annexation or division, for the first 3 years of their
12 existence. The total difference payment shall be allocated
13 between or among the annexing or resulting districts in the
14 same ratio as the pupil enrollment from that portion of the
15 annexed or divided district or districts which is annexed to
16 or included in each such annexing or resulting district bears
17 to the total pupil enrollment from the entire annexed or
18 divided district or districts, as such pupil enrollment is
19 determined for the school year last ending prior to the date
20 when the change of boundaries attributable to the annexation
21 or division becomes effective for all purposes. The amount
22 of the total difference payment and the amount thereof to be
23 allocated to the annexing or resulting districts shall be
24 computed by the State Board of Education on the basis of
25 pupil enrollment and other data which shall be certified to
26 the State Board of Education, on forms which it shall provide
27 for that purpose, by the regional superintendent of schools
28 for each educational service region in which the annexing and
29 annexed districts, or resulting and divided districts are
30 located.
31 (4) If a unit school district annexes all the territory
32 of another unit school district effective for all purposes
33 pursuant to Section 7-9 on July 1, 1988, and if part of the
34 annexed territory is detached within 90 days after July 1,
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1 1988, then the detachment shall be disregarded in computing
2 the supplementary State aid payments under this paragraph (m)
3 for the entire 3 year period and the supplementary State aid
4 payments shall not be diminished because of the detachment.
5 (5) Any supplementary State aid payment made under this
6 paragraph (m) shall be treated as separate from all other
7 payments made pursuant to this Section.
8 (n) For the purposes of calculating State aid under this
9 Section, the real property equalized assessed valuation for a
10 school district used to compute State aid shall be determined
11 by subtracting from the real property value as equalized or
12 assessed by the Department of Revenue for the district an
13 amount computed by dividing the amount of any abatement of
14 taxes under Section 18-170 of the Property Tax Code by the
15 maximum operating tax rates specified in subsection 5(c) of
16 this Section and an amount computed by dividing the amount of
17 any abatement of taxes under subsection (a) of Section 18-165
18 of the Property Tax Code by the maximum operating tax rates
19 specified in subsection 5(c) of this Section.
20 (o) Notwithstanding any other provisions of this
21 Section, for the 1996-1997 school year the amount of the
22 aggregate general State aid entitlement that is received
23 under this Section by each school district for that school
24 year shall be not less than the amount of the aggregate
25 general State aid entitlement that was received by the
26 district under this Section for the 1995-1996 school year.
27 If a school district is to receive an aggregate general State
28 aid entitlement under this Section for the 1996-1997 school
29 year that is less than the amount of the aggregate general
30 State aid entitlement that the district received under this
31 Section for the 1995-1996 school year, the school district
32 shall also receive, from a separate appropriation made for
33 purposes of this paragraph (o), a supplementary payment that
34 is equal to the amount by which the general State aid
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1 entitlement received by the district under this Section for
2 the 1995-1996 school year exceeds the general State aid
3 entitlement that the district is to receive under this
4 Section for the 1996-1997 school year.
5 Notwithstanding any other provisions of this Section, for
6 the 1997-1998 school year the amount of the aggregate general
7 State aid entitlement that is received under this Section by
8 each school district for that school year shall be not less
9 than the amount of the aggregate general State aid
10 entitlement that was received by the district under this
11 Section for the 1996-1997 school year. If a school district
12 is to receive an aggregate general State aid entitlement
13 under this Section for the 1997-1998 school year that is less
14 than the amount of the aggregate general State aid
15 entitlement that the district received under this Section for
16 the 1996-1997 school year, the school district shall also
17 receive, from a separate appropriation made for purposes of
18 this paragraph (o), a supplementary payment that is equal to
19 the amount by which the general State aid entitlement
20 received by the district under this Section for the 1996-1997
21 school year exceeds the general State aid entitlement that
22 the district is to receive under this Section for the
23 1997-1998 school year.
24 If the amount appropriated for supplementary payments to
25 school districts under this paragraph (o) is insufficient for
26 that purpose, the supplementary payments that districts are
27 to receive under this paragraph shall be prorated according
28 to the aggregate amount of the appropriation made for
29 purposes of this paragraph.
30 (p) For the 1997-1998 school year, a supplemental
31 general State aid grant shall be provided for school
32 districts as follows:
33 (i) The general State aid received by a school
34 district under this Section for the 1997-1998 school year
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1 shall be added to the sum of (A) the result obtained by
2 multiplying the 1995 equalized valuation of all taxable
3 property in the district by the fixed calculation tax
4 rates of 3.0% for unit districts, 2.0% for elementary
5 districts and 1.0% for high school districts plus (B) the
6 aggregate corporate personal property replacement
7 revenues received by the district during the 1996-1997
8 school year;
9 (ii) The aggregate amount determined under item (i)
10 of this subsection 5(p) shall be divided by the average
11 of the best 3 months of pupil attendance in the district
12 for the 1996-1997 school year; and
13 (iii) If the result obtained by dividing the
14 aggregate amount determined under item (i) of this
15 subsection 5(p) by the average of the best 3 months of
16 pupil attendance in the district as provided in item (ii)
17 of this subsection 5(p) is less than $3,600, the
18 supplemental general State aid grant that the district
19 shall receive under this subsection 5(p) for the
20 1997-1998 school year shall be equal to the amount
21 determined by subtracting from $3,600 the result obtained
22 by dividing the aggregate amount determined under item
23 (i) of this subsection by the average of the best 3
24 months of pupil attendance in the district as provided in
25 item (ii) of this subsection, and by multiplying that
26 difference by the average of the best 3 months of pupil
27 attendance in the district for the 1996-1997 school year.
28 If the moneys appropriated in a separate line item by the
29 General Assembly to the State Board of Education for
30 supplementary payments required to be made and distributed to
31 school districts for any school year under this subsection
32 5(p) are insufficient, the amount of the supplementary
33 payments required to be made and distributed to those school
34 districts under this subsection 5(p) for that school year
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1 shall abate proportionately.
2 B. In calculating the amount to be paid to the governing
3 board of a public university that operates a laboratory
4 school under this Section or to any alternative school that
5 is operated by a regional superintendent of schools, the
6 State Board of Education shall require by rule such reporting
7 requirements as it deems necessary.
8 As used in this Section, "laboratory school" means a
9 public school which is created and operated by a public
10 university and approved by the State Board of Education. The
11 governing board of a public university which receives funds
12 from the State Board under this subsection B may not increase
13 the number of students enrolled in its laboratory school from
14 a single district, if that district is already sending 50 or
15 more students, except under a mutual agreement between the
16 school board of a student's district of residence and the
17 university which operates the laboratory school. A
18 laboratory school may not have more than 1,000 students,
19 excluding students with disabilities in a special education
20 program.
21 As used in this Section, "alternative school" means a
22 public school which is created and operated by a regional
23 superintendent of schools and approved by the State Board of
24 Education. Such alternative schools may offer courses of
25 instruction for which credit is given in regular school
26 programs, courses to prepare students for the high school
27 equivalency testing program or vocational and occupational
28 training. A regional superintendent of schools may contract
29 with a school district or a public community college district
30 to operate an alternative school. An alternative school
31 serving more than one educational service region may be
32 operated under such terms as the regional superintendents of
33 schools of those educational service regions may agree.
34 Each laboratory and alternative school shall file, on
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1 forms provided by the State Superintendent of Education, an
2 annual State aid claim which states the average daily
3 attendance of the school's students by month. The best 3
4 months' average daily attendance shall be computed for each
5 school. The weighted average daily attendance shall be
6 computed and the weighted average daily attendance for the
7 school's most recent 3 year average shall be compared to the
8 most recent weighted average daily attendance, and the
9 greater of the 2 shall be used for the calculation under this
10 subsection B. The general State aid entitlement shall be
11 computed by multiplying the school's student count by the
12 foundation level as determined under this Section.
13 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
14 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
15 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
16 7-1-97; 90-14, eff. 7-1-97.)
17 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
18 Sec. 22-23. Sprinkler systems.
19 (a) The provisions of this Section apply to the school
20 board, board of education, board of school directors, board
21 of school inspectors or other governing body of each school
22 district in this State, including special charter districts
23 and districts organized under Article 34.
24 (b) As used in this Section, the term "school
25 construction" means (1) the construction of a new school
26 building, or addition to an existing building, within any
27 period of 30 months, having 7,200 or more square feet the
28 construction of an addition to a school building, and (2) any
29 alteration, as defined in 71 Illinois Administrative Code,
30 Section 400.210, within any period of 30 months, remodeling,
31 renovation or reconstruction project affecting one or more
32 areas of a school building which cumulatively are equal to
33 50% or more of the square footage of the school building.
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1 (c) New areas or uses of buildings not required to be
2 sprinklered under this Section shall be protected with the
3 installation of an automatic fire detection system.
4 (d) (c) Notwithstanding any other provisions of this
5 Act, no school construction shall be commenced in any school
6 district on or after the effective date of this amendatory
7 Act of 1991 unless sprinkler systems are required by, and are
8 installed in accordance with approved plans and
9 specifications in the school building, addition or project
10 areas which constitute school construction as defined in
11 subsection (b). Plans and specifications shall comply with
12 rules and regulations established by the State Board of
13 Education, and such rules and regulations shall be consistent
14 so far as practicable with nationally recognized standards
15 such as those established by the National Fire Protection
16 Association.
17 (d) Prior to the award of any contract for, or
18 commencement of any school construction, the school board or
19 other governing body of the school district shall submit
20 plans and specifications for installation of sprinkler
21 systems as required by this Section to the appropriate
22 regional superintendent of schools, who shall forward the
23 plans and specifications to the State Board of Education for
24 review and approval.
25 (Source: P.A. 87-652.)
26 (105 ILCS 5/27-20.6 new)
27 Sec. 27-20.6 "Irish Famine" Study. Every public
28 elementary school and high school may include in its
29 curriculum a unit of instruction studying the causes and
30 effects of mass starvation in mid-19th century Ireland. This
31 period in world history is known as the "Irish Famine", in
32 which millions of Irish died or emigrated. The study of this
33 material is a reaffirmation of the commitment of free people
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1 of all nations to eradicate the causes of famine that exist
2 in the modern world.
3 The State Superintendent of Education may prepare and
4 make available to all school boards instructional materials
5 that may be used as guidelines for development of a unit of
6 instruction under this Section; provided, however, that each
7 school board shall itself determine the minimum amount of
8 instruction time that shall qualify as a unit of instruction
9 satisfying the requirements of this Section.
10 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
11 Sec. 34-2.4b. Limitation upon applicability. The
12 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
13 34-2.4 and 34-8.3, and those provisions of paragraph 1 of
14 Section 34-18 and paragraph (c) of Section 34A-201a relating
15 to the allocation or application -- by formula or otherwise
16 -- of lump sum amounts and other funds to attendance centers,
17 shall not apply to attendance centers that have applied for
18 and been designated as a "Small School" by the Board, the
19 Cook County Juvenile Detention Center and Cook County Jail
20 schools, nor to the district's alternative schools for
21 pregnant girls, nor to alternative schools established under
22 Article 13A, nor to Washburne Trade School, the Industrial
23 Skills Center or Michael R. Durso School, Jackson Adult
24 Center, Hillard Adult Center, or the Alternative Transitional
25 School; and the board of education shall have and exercise
26 with respect to those schools and with respect to the
27 conduct, operation, affairs and budgets of those schools, and
28 with respect to the principals, teachers and other school
29 staff there employed, the same powers which are exercisable
30 by local school councils with respect to the other attendance
31 centers, principals, teachers and school staff within the
32 district, together with all powers and duties generally
33 exercisable by the board of education with respect to all
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1 attendance centers within the district. The board of
2 education shall develop appropriate alternative methods for
3 involving parents, community members and school staff to the
4 maximum extent possible in all of the activities of those
5 schools, and may delegate to the parents, community members
6 and school staff so involved the same powers which are
7 exercisable by local school councils with respect to other
8 attendance centers.
9 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96.)
10 (105 ILCS 5/34-4.5)
11 Sec. 34-4.5. Chronic truants.
12 (a) Office of Chronic Truant Adjudication. The board
13 shall establish and implement an Office of Chronic Truant
14 Adjudication, which shall be responsible for administratively
15 adjudicating cases of chronic truancy and imposing
16 appropriate sanctions. The board shall appoint or employ
17 hearing officers to perform the adjudicatory functions of
18 that Office. Principals and other appropriate personnel may
19 refer pupils suspected of being chronic truants, as defined
20 in Section 26-2a of this Code, to the Office of Chronic
21 Truant Adjudication.
22 (b) Notices. Before any hearing may be held under
23 subsection (c), the principal of the school attended by the
24 pupil or the principal's designee shall notify the pupil's
25 parent or guardian by personal visit, letter, or telephone of
26 each unexcused absence of the pupil. After giving the parent
27 or guardian notice of the tenth unexcused absence of the
28 pupil, the principal or the principal's designee shall send
29 the pupil's parent or guardian a letter, by certified mail,
30 return receipt requested, notifying the parent or guardian
31 that he or she is subjecting himself or herself to a hearing
32 procedure as provided under subsection (c) and clearly
33 describing any and all possible penalties that may be imposed
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1 as provided for in subsections (d) and (e) of this Section.
2 (c) Hearing. Once a pupil has been referred to the
3 Office of Chronic Truant Adjudication, a hearing shall be
4 scheduled before an appointed hearing officer, and the pupil
5 and the pupil's parents or guardian shall be notified by
6 certified mail, return receipt requested stating the time,
7 place, and purpose of the hearing. The hearing officer shall
8 hold a hearing and render a written decision within 14 days
9 determining whether the pupil is a chronic truant as defined
10 in Section 26-2a of this Code and whether the parent or
11 guardian took reasonable steps to assure the pupil's
12 attendance at school. The hearing shall be private unless a
13 public hearing is requested by the pupil's parent or
14 guardian, and the pupil may be present at the hearing with a
15 representative in addition to the pupil's parent or guardian.
16 The board shall present evidence of the pupil's truancy, and
17 the pupil and the parent or guardian or representative of the
18 pupil may cross examine witnesses, present witnesses and
19 evidence, and present defenses to the charges. All testimony
20 at the hearing shall be taken under oath administered by the
21 hearing officer. The decision of the hearing officer shall
22 constitute an "administrative decision" for purposes of
23 judicial review under the Administrative Review Law.
24 (d) Penalties. The hearing officer may require the
25 pupil or the pupil's parent or guardian or both the pupil and
26 the pupil's parent or guardian to do any or all of the
27 following: perform reasonable school or community services
28 for a period not to exceed 30 days; complete a parenting
29 education program; obtain counseling or other supportive
30 services; and comply with an individualized educational plan
31 or service plan as provided by appropriate school officials.
32 If the parent or guardian of the chronic truant shows that he
33 or she took reasonable steps to insure attendance of the
34 pupil at school, he or she shall not be required to perform
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1 services.
2 (e) Non-compliance with sanctions. If a pupil
3 determined by a hearing officer to be a chronic truant or the
4 parent or guardian of the pupil fails to comply with the
5 sanctions ordered by the hearing officer under subsection (c)
6 of this Section, the Office of Chronic Truant Adjudication
7 may refer the matter to the State's Attorney for prosecution
8 under Section 3-33 of the Juvenile Court Act of 1987.
9 (f) Limitation on applicability. Nothing in this
10 Section shall be construed to apply to a parent or guardian
11 of a pupil not required to attend a public school pursuant to
12 Section 26-1 in a valid home school program.
13 (Source: P.A. 90-143, eff. 7-23-97.)
14 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
15 Sec. 34-18.5. Criminal background investigations.
16 (a) After August 1, 1985, certified and noncertified
17 applicants for employment with the school district are
18 required as a condition of employment to authorize an
19 investigation to determine if such applicants have been
20 convicted of any of the enumerated criminal or drug offenses
21 in subsection (c) of this Section. Authorization for the
22 investigation shall be furnished by the applicant to the
23 school district, except that if the applicant is a substitute
24 teacher seeking employment in more than one school district,
25 or a teacher seeking concurrent part-time employment
26 positions with more than one school district (as a reading
27 specialist, special education teacher or otherwise), or an
28 educational support personnel employee seeking employment
29 positions with more than one district, any such district may
30 require the applicant to furnish authorization for the
31 investigation to the regional superintendent of the
32 educational service region in which are located the school
33 districts in which the applicant is seeking employment as a
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1 substitute or concurrent part-time teacher or concurrent
2 educational support personnel employee. Upon receipt of this
3 authorization, the school district or the appropriate
4 regional superintendent, as the case may be, shall submit the
5 applicant's name, sex, race, date of birth and social
6 security number to the Department of State Police on forms
7 prescribed by the Department. The regional superintendent
8 submitting the requisite information to the Department of
9 State Police shall promptly notify the school districts in
10 which the applicant is seeking employment as a substitute or
11 concurrent part-time teacher or concurrent educational
12 support personnel employee that the investigation of the
13 applicant has been requested. The Department of State Police
14 shall conduct an investigation to ascertain if the applicant
15 being considered for employment has been convicted of any of
16 the enumerated criminal or drug offenses in subsection (c).
17 The Department shall charge the school district or the
18 appropriate regional superintendent a fee for conducting such
19 investigation, which fee shall be deposited in the State
20 Police Services Fund and shall not exceed the cost of the
21 inquiry; and the applicant shall not be charged a fee for
22 such investigation by the school district or by the regional
23 superintendent. The regional superintendent may seek
24 reimbursement from the State Board of Education or the
25 appropriate school district or districts for fees paid by the
26 regional superintendent to the Department for the criminal
27 background investigations required by this Section.
28 (b) The Department shall furnish, pursuant to positive
29 identification, records of convictions, until expunged, to
30 the president of the board of education for the school
31 district which requested the investigation, or to the
32 regional superintendent who requested the investigation. Any
33 information concerning the record of convictions obtained by
34 the president of the board of education or the regional
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1 superintendent shall be confidential and may only be
2 transmitted to the general superintendent of the school
3 district or his designee, the appropriate regional
4 superintendent if the investigation was requested by the
5 board of education for the school district, the presidents of
6 the appropriate board of education or school boards if the
7 investigation was requested from the Department of State
8 Police by the regional superintendent, the State
9 Superintendent of Education, the State Teacher Certification
10 Board or any other person necessary to the decision of hiring
11 the applicant for employment. A copy of the record of
12 convictions obtained from the Department of State Police
13 shall be provided to the applicant for employment. If an
14 investigation of an applicant for employment as a substitute
15 or concurrent part-time teacher or concurrent educational
16 support personnel employee in more than one school district
17 was requested by the regional superintendent, and the
18 Department of State Police upon investigation ascertains that
19 the applicant has not been convicted of any of the enumerated
20 criminal or drug offenses in subsection (c) and so notifies
21 the regional superintendent, then the regional superintendent
22 shall issue to the applicant a certificate evidencing that as
23 of the date specified by the Department of State Police the
24 applicant has not been convicted of any of the enumerated
25 criminal or drug offenses in subsection (c). The school
26 board of any school district located in the educational
27 service region served by the regional superintendent who
28 issues such a certificate to an applicant for employment as a
29 substitute or concurrent part-time teacher or concurrent
30 educational support personnel employee in more than one such
31 district may rely on the certificate issued by the regional
32 superintendent to that applicant, or may initiate its own
33 investigation of the applicant through the Department of
34 State Police as provided in subsection (a). Any person who
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1 releases any confidential information concerning any criminal
2 convictions of an applicant for employment shall be guilty of
3 a Class A misdemeanor, unless the release of such information
4 is authorized by this Section.
5 (c) The board of education shall not knowingly employ a
6 person who has been convicted for committing attempted first
7 degree murder or for committing or attempting to commit first
8 degree murder or a Class X felony or any one or more of the
9 following offenses: (i) those defined in Sections 11-6,
10 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
13 those defined in the Cannabis Control Act, except those
14 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
15 those defined in the Illinois Controlled Substances Act; and
16 (iv) any offense committed or attempted in any other state or
17 against the laws of the United States, which if committed or
18 attempted in this State, would have been punishable as one or
19 more of the foregoing offenses. Further, the board of
20 education shall not knowingly employ a person who has been
21 found to be the perpetrator of sexual or physical abuse of
22 any minor under 18 years of age pursuant to proceedings under
23 Article II of the Juvenile Court Act of 1987.
24 (d) The board of education shall not knowingly employ a
25 person for whom a criminal background investigation has not
26 been initiated.
27 (e) Upon receipt of the record of a conviction of or a
28 finding of child abuse by a holder of any certificate issued
29 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
30 School Code, the board of education or the State
31 Superintendent of Education shall initiate the certificate
32 suspension and revocation proceedings authorized by law.
33 (f) After March 19, 1990, the provisions of this Section
34 shall apply to all employees of persons or firms holding
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1 contracts with any school district including, but not limited
2 to, food service workers, school bus drivers and other
3 transportation employees, who have direct, daily contact with
4 the pupils of any school in such district. For purposes of
5 criminal background investigations on employees of persons or
6 firms holding contracts with more than one school district
7 and assigned to more than one school district, the regional
8 superintendent of the educational service region in which the
9 contracting school districts are located may, at the request
10 of any such school district, be responsible for receiving the
11 authorization for investigation prepared by each such
12 employee and submitting the same to the Department of State
13 Police. Any information concerning the record of conviction
14 of any such employee obtained by the regional superintendent
15 shall be promptly reported to the president of the
16 appropriate school board or school boards.
17 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
18 89-610, eff. 8-6-96.)
19 Section 7. The Illinois School Student Records Act is
20 amended by changing Section 6 as follows:
21 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
22 Sec. 6. (a) No school student records or information
23 contained therein may be released, transferred, disclosed or
24 otherwise disseminated, except as follows:
25 (1) To a parent or student or person specifically
26 designated as a representative by a parent, as provided in
27 paragraph (a) of Section 5;
28 (2) To an employee or official of the school or school
29 district or State Board with current demonstrable educational
30 or administrative interest in the student, in furtherance of
31 such interest;
32 (3) To the official records custodian of another school
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1 within Illinois or an official with similar responsibilities
2 of a school outside Illinois, in which the student has
3 enrolled, or intends to enroll, upon the request of such
4 official or student;
5 (4) To any person for the purpose of research,
6 statistical reporting or planning, provided that no student
7 or parent can be identified from the information released and
8 the person to whom the information is released signs an
9 affidavit agreeing to comply with all applicable statutes and
10 rules pertaining to school student records;
11 (5) Pursuant to a court order, provided that the parent
12 shall be given prompt written notice upon receipt of such
13 order of the terms of the order, the nature and substance of
14 the information proposed to be released in compliance with
15 such order and an opportunity to inspect and copy the school
16 student records and to challenge their contents pursuant to
17 Section 7;
18 (6) To any person as specifically required by State or
19 federal law;
20 (7) Subject to regulations of the State Board, in
21 connection with an emergency, to appropriate persons if the
22 knowledge of such information is necessary to protect the
23 health or safety of the student or other persons; or
24 (8) To any person, with the prior specific dated written
25 consent of the parent designating the person to whom the
26 records may be released, provided that at the time any such
27 consent is requested or obtained, the parent shall be advised
28 in writing that he has the right to inspect and copy such
29 records in accordance with Section 5, to challenge their
30 contents in accordance with Section 7 and to limit any such
31 consent to designated records or designated portions of the
32 information contained therein; or
33 (9) To a governmental agency, or social service agency
34 contracted by a governmental agency, in furtherance of an
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1 investigation of a student's school attendance pursuant to
2 the compulsory student attendance laws of this State,
3 provided that the records are released to the employee or
4 agent designated by the agency.
5 (b) No information may be released pursuant to
6 subparagraphs (3) or (6) of paragraph (a) of this Section 6
7 unless the parent receives prior written notice of the nature
8 and substance of the information proposed to be released, and
9 an opportunity to inspect and copy such records in accordance
10 with Section 5 and to challenge their contents in accordance
11 with Section 7. Provided, however, that such notice shall be
12 sufficient if published in a local newspaper of general
13 circulation or other publication directed generally to the
14 parents involved where the proposed release of information is
15 pursuant to subparagraph 6 of paragraph (a) in this Section 6
16 and relates to more than 25 students.
17 (c) A record of any release of information pursuant to
18 this Section must be made and kept as a part of the school
19 student record and subject to the access granted by Section
20 5. Such record of release shall be maintained for the life of
21 the school student records and shall be available only to the
22 parent and the official records custodian. Each record of
23 release shall also include:
24 (1) The nature and substance of the information
25 released;
26 (2) The name and signature of the official records
27 custodian releasing such information;
28 (3) The name of the person requesting such information,
29 the capacity in which such a request has been made, and the
30 purpose of such request;
31 (4) The date of the release; and
32 (5) A copy of any consent to such release.
33 (d) Except for the student and his parents, no person to
34 whom information is released pursuant to this Section and no
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1 person specifically designated as a representative by a
2 parent may permit any other person to have access to such
3 information without a prior consent of the parent obtained in
4 accordance with the requirements of subparagraph (8) of
5 paragraph (a) of this Section.
6 (e) Nothing contained in this Act shall prohibit the
7 publication of student directories which list student names,
8 addresses and other identifying information and similar
9 publications which comply with regulations issued by the
10 State Board.
11 (Source: P.A. 86-1028.)
12 Section 8. The Critical Health Problems and
13 Comprehensive Health Education Act is amended by changing
14 Section 3 as follows:
15 (105 ILCS 110/3) (from Ch. 122, par. 863)
16 Sec. 3. Comprehensive Health Education Program. The
17 program established under this Act shall include, but not be
18 limited to, the following major educational areas as a basis
19 for curricula in all elementary and secondary schools in this
20 State: human ecology and health, human growth and
21 development, the emotional, psychological, physiological,
22 hygienic and social responsibilities of family life,
23 including sexual abstinence until marriage, prevention and
24 control of disease, including instruction in grades 6 through
25 12 on the prevention, transmission and spread of AIDS, public
26 and environmental health, consumer health, safety education
27 and disaster survival, mental health and illness, personal
28 health habits, alcohol, drug use, and abuse including the
29 medical and legal ramifications of alcohol, drug, and tobacco
30 use, abuse during pregnancy, sexual abstinence until
31 marriage, tobacco, nutrition, and dental health.
32 Notwithstanding the above educational areas, the following
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1 areas may also be included as a basis for curricula in all
2 elementary and secondary schools in this State: basic first
3 aid (including, but not limited to, cardiopulmonary
4 resuscitation and the Heimlich maneuver), early prevention
5 and detection of cancer, heart disease, diabetes, stroke, and
6 the prevention of child abuse, neglect, and suicide. The
7 school board of each public elementary and secondary school
8 in the State is encouraged to have in its employ, or on its
9 volunteer staff, at least one person who is certified, by the
10 American Red Cross or by another qualified certifying agency,
11 as qualified to administer first aid and cardiopulmonary
12 resuscitation. In addition, each school board is authorized
13 to allocate appropriate portions of its institute or
14 inservice days to conduct training programs for teachers and
15 other school personnel who have expressed an interest in
16 becoming qualified to administer emergency first aid or
17 cardiopulmonary resuscitation. School boards are urged to
18 encourage their teachers and other school personnel who coach
19 school athletic programs and other extra curricular school
20 activities to acquire, develop, and maintain the knowledge
21 and skills necessary to properly administer first aid and
22 cardiopulmonary resuscitation in accordance with standards
23 and requirements established by the American Red Cross or
24 another qualified certifying agency. However, No pupil shall
25 be required to take or participate in any class or course on
26 AIDS or family life instruction if his parent or guardian
27 submits written objection thereto, and refusal to take or
28 participate in the course or program shall not be reason for
29 suspension or expulsion of the pupil.
30 Curricula developed under programs established in
31 accordance with this Act in the major educational area of
32 alcohol and drug use and abuse shall include classroom
33 instruction in grades 5 through 12. The instruction, which
34 shall include matters relating to both the physical and legal
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1 effects and ramifications of drug and substance abuse, shall
2 be integrated into existing curricula; and the State Board of
3 Education shall develop and make available to all elementary
4 and secondary schools in this State instructional materials
5 and guidelines which will assist the schools in incorporating
6 the instruction into their existing curricula. In addition,
7 school districts may offer, as part of existing curricula
8 during the school day or as part of an after school program,
9 support services and instruction for pupils or pupils whose
10 parent, parents, or guardians are chemically dependent. 76f
11 (Source: P.A. 86-878; 86-941; 86-1028; 87-584; 87-1095.)
12 Section 10. The Juvenile Court Act of 1987 is amended by
13 changing Section 2-21 as follows:
14 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
15 (Text of Section before amendment by P.A. 89-704, 90-27,
16 and 90-28)
17 Sec. 2-21. Findings and adjudication.
18 (1) After hearing the evidence the court shall determine
19 whether or not the minor is abused, neglected, or dependent.
20 If it finds that the minor is not such a person, the court
21 shall order the petition dismissed and the minor discharged.
22 The court's determination of whether the minor is abused,
23 neglected, or dependent shall be stated in writing with the
24 factual basis supporting that determination.
25 If the court finds that the minor is abused, neglected,
26 or dependent, the court shall then determine and put in
27 writing the factual basis supporting the determination of
28 whether the abuse, neglect, or dependency is the result of
29 physical abuse to the minor inflicted by a parent, guardian,
30 or legal custodian. That finding shall appear in the order
31 of the court.
32 If the court determines that a person has inflicted
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1 physical or sexual abuse upon a minor, the court shall report
2 that determination to the Department of State Police, which
3 shall include that information in its report to the President
4 of the school board for a school district that requests a
5 criminal background investigation of that person as required
6 under Section 10-21.9 or 34-18.5 of the School Code.
7 (2) If the court determines and puts in writing the
8 factual basis supporting the determination that the minor is
9 either abused or neglected or dependent, the court shall then
10 set a time not later than 30 days after the entry of the
11 finding for a dispositional hearing to be conducted under
12 Section 2-22 at which hearing the court shall determine
13 whether it is in the best interests of the minor and the
14 public that he be made a ward of the court. To assist the
15 court in making this and other determinations at the
16 dispositional hearing, the court may order that an
17 investigation be conducted and a dispositional report be
18 prepared concerning the minor's physical and mental history
19 and condition, family situation and background, economic
20 status, education, occupation, history of delinquency or
21 criminality, personal habits, and any other information that
22 may be helpful to the court. The dispositional hearing may
23 be continued once for a period not to exceed 30 days if the
24 court finds that such continuance is necessary to complete
25 the dispositional report.
26 (3) The time limits of this Section may be waived only
27 by consent of all parties and approval by the court, as
28 determined to be in the best interests of the minor.
29 (4) For all cases adjudicated prior to July 1, 1991, for
30 which no dispositional hearing has been held prior to that
31 date, a dispositional hearing under Section 2-22 shall be
32 held within 90 days of July 1, 1991.
33 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
34 12-2-94; 90-443, eff. 8-16-97.)
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1 (Text of Section after amendment by P.A. 89-704, 90-27,
2 and 90-28)
3 Sec. 2-21. Findings and adjudication.
4 (1) The court shall state for the record the manner in
5 which the parties received service of process and shall note
6 whether the return or returns of service, postal return
7 receipt or receipts for notice by certified mail, or
8 certificate or certificates of publication have been filed in
9 the court record. The court shall enter any appropriate
10 orders of default against any parent who has been properly
11 served in any manner and fails to appear.
12 No further service of process as defined in Sections 2-15
13 and 2-16 is required in any subsequent proceeding for a
14 parent who was properly served in any manner, except as
15 required by Supreme Court Rule 11.
16 The caseworker shall testify about the diligent search
17 conducted for the parent.
18 After hearing the evidence the court shall determine
19 whether or not the minor is abused, neglected, or dependent.
20 If it finds that the minor is not such a person, the court
21 shall order the petition dismissed and the minor discharged.
22 The court's determination of whether the minor is abused,
23 neglected, or dependent shall be stated in writing with the
24 factual basis supporting that determination.
25 If the court finds that the minor is abused, neglected,
26 or dependent, the court shall then determine and put in
27 writing the factual basis supporting the determination of
28 whether the abuse, neglect, or dependency is the result of
29 physical abuse to the minor inflicted by a parent, guardian,
30 or legal custodian. That finding shall appear in the order
31 of the court.
32 If the court finds that the child has been abused,
33 neglected or dependent, the court shall admonish the parents
34 that they must cooperate with the Department of Children and
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1 Family Services, comply with the terms of the service plan,
2 and correct the conditions that require the child to be in
3 care, or risk termination of parental rights.
4 If the court determines that a person has inflicted
5 physical or sexual abuse upon a minor, the court shall report
6 that determination to the Department of State Police, which
7 shall include that information in its report to the President
8 of the school board for a school district that requests a
9 criminal background investigation of that person as required
10 under Section 10-21.9 or 34-18.5 of the School Code.
11 (2) If the court determines and puts in writing the
12 factual basis supporting the determination that the minor is
13 either abused or neglected or dependent, the court shall then
14 set a time not later than 30 days after the entry of the
15 finding for a dispositional hearing to be conducted under
16 Section 2-22 at which hearing the court shall determine
17 whether it is consistent with the health, safety and best
18 interests of the minor and the public that he be made a ward
19 of the court. To assist the court in making this and other
20 determinations at the dispositional hearing, the court may
21 order that an investigation be conducted and a dispositional
22 report be prepared concerning the minor's physical and mental
23 history and condition, family situation and background,
24 economic status, education, occupation, history of
25 delinquency or criminality, personal habits, and any other
26 information that may be helpful to the court. The
27 dispositional hearing may be continued once for a period not
28 to exceed 30 days if the court finds that such continuance is
29 necessary to complete the dispositional report.
30 (3) The time limits of this Section may be waived only
31 by consent of all parties and approval by the court, as
32 determined to be consistent with the health, safety and best
33 interests of the minor.
34 (4) For all cases adjudicated prior to July 1, 1991, for
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1 which no dispositional hearing has been held prior to that
2 date, a dispositional hearing under Section 2-22 shall be
3 held within 90 days of July 1, 1991.
4 (5) The court may terminate the parental rights of a
5 parent at the initial dispositional hearing if all of the
6 following conditions are met:
7 (i) the original or amended petition contains a
8 request for termination of parental rights and
9 appointment of a guardian with power to consent to
10 adoption; and
11 (ii) the court has found by a preponderance of
12 evidence, introduced or stipulated to at an adjudicatory
13 hearing, that the child comes under the jurisdiction of
14 the court as an abused, neglected, or dependent minor
15 under Section 2-18; and
16 (iii) the court finds, on the basis of clear and
17 convincing evidence admitted at the adjudicatory hearing
18 that the parent is an unfit person under subdivision D of
19 Section 1 of the Adoption Act; and
20 (iv) the court determines in accordance with the
21 rules of evidence for dispositional proceedings, that:
22 (A) it is in the best interest of the minor
23 and public that the child be made a ward of the
24 court;
25 (A-5) reasonable efforts under subsection
26 (l-1) of Section 5 of the Children and Family
27 Services Act are inappropriate or such efforts were
28 made and were unsuccessful; and
29 (B) termination of parental rights and
30 appointment of a guardian with power to consent to
31 adoption is in the best interest of the child
32 pursuant to Section 2-29.
33 (Source: P.A. 89-704, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
34 eff. 1-1-98; 90-443, eff. 8-16-97.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".