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Public Act 102-0197 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
10-22.39, 10-27.1A, 18-8.15, 27-23.7, and 34-18.8 and by | ||||
renumbering and changing Section 22-85, as added by Public Act | ||||
101-478, as follows:
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(105 ILCS 5/10-22.39)
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Sec. 10-22.39. In-service training programs. | ||||
(a) To conduct in-service training programs for teachers. | ||||
(b) In addition to
other topics at in-service training
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programs, at least once every 2 years, licensed school | ||||
personnel and administrators who work with pupils in | ||||
kindergarten through grade 12 shall be
trained to identify the | ||||
warning signs of mental illness and suicidal behavior in youth | ||||
and shall be taught appropriate intervention and referral | ||||
techniques. A school district may utilize the Illinois Mental | ||||
Health First Aid training program, established under the | ||||
Illinois Mental Health First Aid Training Act and administered | ||||
by certified instructors trained by a national association | ||||
recognized as an authority in behavioral health, to provide | ||||
the training and meet the requirements under this subsection. | ||||
If licensed school personnel or an administrator obtains |
mental health first aid training outside of an in-service | ||
training program, he or she may present a certificate of | ||
successful completion of the training to the school district | ||
to satisfy the requirements of this subsection.
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(c) School guidance counselors, nurses, teachers and other | ||
school personnel
who work with pupils may be trained to have a | ||
basic knowledge of matters
relating to acquired | ||
immunodeficiency syndrome (AIDS), including the nature
of the | ||
disease, its causes and effects, the means of detecting it and
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preventing its transmission, and the availability of | ||
appropriate sources of
counseling and referral, and any other | ||
information that may be appropriate
considering the age and | ||
grade level of such pupils. The School Board shall
supervise | ||
such training. The State Board of Education and the Department
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of Public Health shall jointly develop standards for such | ||
training.
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(d) In this subsection (d): | ||
"Domestic violence" means abuse by a family or household | ||
member, as "abuse" and "family or household members" are | ||
defined in Section 103 of the Illinois Domestic Violence Act | ||
of 1986. | ||
"Sexual violence" means sexual assault, abuse, or stalking | ||
of an adult or minor child proscribed in the Criminal Code of | ||
1961 or the Criminal Code of 2012 in Sections 11-1.20, | ||
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, | ||
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including |
sexual violence committed by perpetrators who are strangers to | ||
the victim and sexual violence committed by perpetrators who | ||
are known or related by blood or marriage to the victim. | ||
At least once every 2 years, an in-service training | ||
program for school personnel who work with pupils, including, | ||
but not limited to, school and school district administrators, | ||
teachers, school guidance counselors, school social workers, | ||
school counselors, school psychologists, and school nurses, | ||
must be conducted by persons with expertise in domestic and | ||
sexual violence and the needs of expectant and parenting youth | ||
and shall include training concerning (i) communicating with | ||
and listening to youth victims of domestic or sexual violence | ||
and expectant and parenting youth, (ii) connecting youth | ||
victims of domestic or sexual violence and expectant and | ||
parenting youth to appropriate in-school services and other | ||
agencies, programs, and services as needed, and (iii) | ||
implementing the school district's policies, procedures, and | ||
protocols with regard to such youth, including | ||
confidentiality. At a minimum, school personnel must be | ||
trained to understand, provide information and referrals, and | ||
address issues pertaining to youth who are parents, expectant | ||
parents, or victims of domestic or sexual violence.
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(e) At least every 2 years, an in-service training program | ||
for school personnel who work with pupils must be conducted by | ||
persons with expertise in anaphylactic reactions and | ||
management.
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(f) At least once every 2 years, a school board shall | ||
conduct in-service training on educator ethics, | ||
teacher-student conduct, and school employee-student conduct | ||
for all personnel. | ||
(Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20 .)
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(105 ILCS 5/10-27.1A)
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Sec. 10-27.1A. Firearms in schools.
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(a) All school officials, including teachers, school | ||
guidance counselors, and
support staff, shall immediately | ||
notify the office of the principal in the
event that they | ||
observe any person in possession of a firearm on school
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grounds; provided that taking such immediate action to notify | ||
the office of the
principal would not immediately endanger the | ||
health, safety, or welfare of
students who are under the | ||
direct supervision of the school official or the
school | ||
official. If the health, safety, or welfare of students under | ||
the
direct supervision of the school official or of the school | ||
official is
immediately endangered, the school official shall | ||
notify the office of the
principal as soon as the students | ||
under his or her supervision and he or she
are no longer under | ||
immediate danger. A report is not required by this Section
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when the school official knows that the person in possession | ||
of the firearm is
a law enforcement official engaged in the | ||
conduct of his or her official
duties. Any school official | ||
acting in good faith who makes such a report under
this Section |
shall have immunity from any civil or criminal liability that
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might otherwise be incurred as a result of making the report. | ||
The identity of
the school official making such report shall | ||
not be disclosed except as
expressly and specifically | ||
authorized by law. Knowingly and willfully failing
to comply | ||
with this Section is a petty offense. A second or subsequent | ||
offense
is a Class C misdemeanor.
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(b) Upon receiving a report from any school official | ||
pursuant to this
Section, or from any other person, the | ||
principal or his or her designee shall
immediately notify a | ||
local law enforcement agency. If the person found to be
in | ||
possession of a firearm on school grounds is a student, the | ||
principal or
his or her designee shall also immediately notify | ||
that student's parent or
guardian. Any principal or his or her | ||
designee acting in good faith who makes
such reports under | ||
this Section shall have immunity from any civil or criminal
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liability that might otherwise be incurred or imposed as a | ||
result of making
the reports. Knowingly and willfully failing | ||
to comply with this Section is a
petty offense. A second or | ||
subsequent offense is a Class C misdemeanor. If
the person | ||
found to be in possession of the firearm on school grounds is a
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minor, the law enforcement agency shall detain that minor | ||
until such time as
the agency makes a determination pursuant | ||
to clause (a) of subsection (1) of
Section 5-401 of the | ||
Juvenile Court Act of 1987, as to whether the agency
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reasonably believes that the minor is delinquent. If the law |
enforcement
agency determines that probable cause exists to | ||
believe that the minor
committed a violation of item (4) of | ||
subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||
while on school grounds, the agency shall detain the
minor for | ||
processing pursuant to Section 5-407 of the Juvenile Court Act | ||
of
1987.
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(c) On or after January 1, 1997, upon receipt of any | ||
written,
electronic, or verbal report from any school | ||
personnel regarding a verified
incident involving a firearm in | ||
a school or on school owned or leased property,
including any | ||
conveyance owned,
leased, or used by the school for the | ||
transport of students or school
personnel, the superintendent | ||
or his or her designee shall report all such
firearm-related | ||
incidents occurring in a school or on school property to the
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local law enforcement authorities immediately and to the | ||
Department of State
Police in a form, manner, and frequency as | ||
prescribed by the Department of
State Police.
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The State Board of Education shall receive an annual | ||
statistical compilation
and related data associated with | ||
incidents involving firearms in schools from
the Department of | ||
State Police. The State Board of Education shall compile
this | ||
information by school district and make it available to the | ||
public.
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(d) As used in this Section, the term "firearm" shall have | ||
the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||
Identification Card Act.
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As used in this Section, the term "school" means any | ||
public or private
elementary or secondary school.
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As used in this Section, the term "school grounds" | ||
includes the real property
comprising any school, any | ||
conveyance owned, leased, or contracted by a school
to | ||
transport students to or from school or a school-related | ||
activity, or any
public way within 1,000 feet of the real | ||
property comprising any school.
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(Source: P.A. 97-1150, eff. 1-25-13.)
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(105 ILCS 5/18-8.15) | ||
Sec. 18-8.15. Evidence-Based Funding for student success | ||
for the 2017-2018 and subsequent school years. | ||
(a) General provisions. | ||
(1) The purpose of this Section is to ensure that, by | ||
June 30, 2027 and beyond, this State has a kindergarten | ||
through grade 12 public education system with the capacity | ||
to ensure the educational development of all persons to | ||
the limits of their capacities in accordance with Section | ||
1 of Article X of the Constitution of the State of | ||
Illinois. To accomplish that objective, this Section | ||
creates a method of funding public education that is | ||
evidence-based; is sufficient to ensure every student | ||
receives a meaningful opportunity to learn irrespective of | ||
race, ethnicity, sexual orientation, gender, or | ||
community-income level; and is sustainable and |
predictable. When fully funded under this Section, every | ||
school shall have the resources, based on what the | ||
evidence indicates is needed, to: | ||
(A) provide all students with a high quality | ||
education that offers the academic, enrichment, social | ||
and emotional support, technical, and career-focused | ||
programs that will allow them to become competitive | ||
workers, responsible parents, productive citizens of | ||
this State, and active members of our national | ||
democracy; | ||
(B) ensure all students receive the education they | ||
need to graduate from high school with the skills | ||
required to pursue post-secondary education and | ||
training for a rewarding career; | ||
(C) reduce, with a goal of eliminating, the | ||
achievement gap between at-risk and non-at-risk | ||
students by raising the performance of at-risk | ||
students and not by reducing standards; and | ||
(D) ensure this State satisfies its obligation to | ||
assume the primary responsibility to fund public | ||
education and simultaneously relieve the | ||
disproportionate burden placed on local property taxes | ||
to fund schools. | ||
(2) The Evidence-Based Funding formula under this | ||
Section shall be applied to all Organizational Units in | ||
this State. The Evidence-Based Funding formula outlined in |
this Act is based on the formula outlined in Senate Bill 1 | ||
of the 100th General Assembly, as passed by both | ||
legislative chambers. As further defined and described in | ||
this Section, there are 4 major components of the | ||
Evidence-Based Funding model: | ||
(A) First, the model calculates a unique Adequacy | ||
Target for each Organizational Unit in this State that | ||
considers the costs to implement research-based | ||
activities, the unit's student demographics, and | ||
regional wage differences. | ||
(B) Second, the model calculates each | ||
Organizational Unit's Local Capacity, or the amount | ||
each Organizational Unit is assumed to contribute | ||
toward its Adequacy Target from local resources. | ||
(C) Third, the model calculates how much funding | ||
the State currently contributes to the Organizational | ||
Unit and adds that to the unit's Local Capacity to | ||
determine the unit's overall current adequacy of | ||
funding. | ||
(D) Finally, the model's distribution method | ||
allocates new State funding to those Organizational | ||
Units that are least well-funded, considering both | ||
Local Capacity and State funding, in relation to their | ||
Adequacy Target. | ||
(3) An Organizational Unit receiving any funding under | ||
this Section may apply those funds to any fund so received |
for which that Organizational Unit is authorized to make | ||
expenditures by law. | ||
(4) As used in this Section, the following terms shall | ||
have the meanings ascribed in this paragraph (4): | ||
"Adequacy Target" is defined in paragraph (1) of | ||
subsection (b) of this Section. | ||
"Adjusted EAV" is defined in paragraph (4) of | ||
subsection (d) of this Section. | ||
"Adjusted Local Capacity Target" is defined in | ||
paragraph (3) of subsection (c) of this Section. | ||
"Adjusted Operating Tax Rate" means a tax rate for all | ||
Organizational Units, for which the State Superintendent | ||
shall calculate and subtract for the Operating Tax Rate a | ||
transportation rate based on total expenses for | ||
transportation services under this Code, as reported on | ||
the most recent Annual Financial Report in Pupil | ||
Transportation Services, function 2550 in both the | ||
Education and Transportation funds and functions 4110 and | ||
4120 in the Transportation fund, less any corresponding | ||
fiscal year State of Illinois scheduled payments excluding | ||
net adjustments for prior years for regular, vocational, | ||
or special education transportation reimbursement pursuant | ||
to Section 29-5 or subsection (b) of Section 14-13.01 of | ||
this Code divided by the Adjusted EAV. If an | ||
Organizational Unit's corresponding fiscal year State of | ||
Illinois scheduled payments excluding net adjustments for |
prior years for regular, vocational, or special education | ||
transportation reimbursement pursuant to Section 29-5 or | ||
subsection (b) of Section 14-13.01 of this Code exceed the | ||
total transportation expenses, as defined in this | ||
paragraph, no transportation rate shall be subtracted from | ||
the Operating Tax Rate. | ||
"Allocation Rate" is defined in paragraph (3) of | ||
subsection (g) of this Section. | ||
"Alternative School" means a public school that is | ||
created and operated by a regional superintendent of | ||
schools and approved by the State Board. | ||
"Applicable Tax Rate" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Assessment" means any of those benchmark, progress | ||
monitoring, formative, diagnostic, and other assessments, | ||
in addition to the State accountability assessment, that | ||
assist teachers' needs in understanding the skills and | ||
meeting the needs of the students they serve. | ||
"Assistant principal" means a school administrator | ||
duly endorsed to be employed as an assistant principal in | ||
this State. | ||
"At-risk student" means a student who is at risk of | ||
not meeting the Illinois Learning Standards or not | ||
graduating from elementary or high school and who | ||
demonstrates a need for vocational support or social | ||
services beyond that provided by the regular school |
program. All students included in an Organizational Unit's | ||
Low-Income Count, as well as all English learner and | ||
disabled students attending the Organizational Unit, shall | ||
be considered at-risk students under this Section. | ||
"Average Student Enrollment" or "ASE" for fiscal year | ||
2018 means, for an Organizational Unit, the greater of the | ||
average number of students (grades K through 12) reported | ||
to the State Board as enrolled in the Organizational Unit | ||
on October 1 in the immediately preceding school year, | ||
plus the pre-kindergarten students who receive special | ||
education services of 2 or more hours a day as reported to | ||
the State Board on December 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1, plus the | ||
pre-kindergarten students who receive special education | ||
services of 2 or more hours a day as reported to the State | ||
Board on December 1, for each of the immediately preceding | ||
3 school years. For fiscal year 2019 and each subsequent | ||
fiscal year, "Average Student Enrollment" or "ASE" means, | ||
for an Organizational Unit, the greater of the average | ||
number of students (grades K through 12) reported to the | ||
State Board as enrolled in the Organizational Unit on | ||
October 1 and March 1 in the immediately preceding school | ||
year, plus the pre-kindergarten students who receive | ||
special education services as reported to the State Board |
on October 1 and March 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1 and March 1, plus the | ||
pre-kindergarten students who receive special education | ||
services as reported to the State Board on October 1 and | ||
March 1, for each of the immediately preceding 3 school | ||
years. For the purposes of this definition, "enrolled in | ||
the Organizational Unit" means the number of students | ||
reported to the State Board who are enrolled in schools | ||
within the Organizational Unit that the student attends or | ||
would attend if not placed or transferred to another | ||
school or program to receive needed services. For the | ||
purposes of calculating "ASE", all students, grades K | ||
through 12, excluding those attending kindergarten for a | ||
half day and students attending an alternative education | ||
program operated by a regional office of education or | ||
intermediate service center, shall be counted as 1.0. All | ||
students attending kindergarten for a half day shall be | ||
counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||
subsequent years, the school district reports to the State | ||
Board of Education the intent to implement full-day | ||
kindergarten district-wide for all students, then all | ||
students attending kindergarten shall be counted as 1.0. | ||
Special education pre-kindergarten students shall be | ||
counted as 0.5 each. If the State Board does not collect or |
has not collected both an October 1 and March 1 enrollment | ||
count by grade or a December 1 collection of special | ||
education pre-kindergarten students as of August 31, 2017 | ||
(the effective date of Public Act 100-465), it shall | ||
establish such collection for all future years. For any | ||
year in which a count by grade level was collected only | ||
once, that count shall be used as the single count | ||
available for computing a 3-year average ASE. Funding for | ||
programs operated by a regional office of education or an | ||
intermediate service center must be calculated using the | ||
Evidence-Based Funding formula under this Section for the | ||
2019-2020 school year and each subsequent school year | ||
until separate adequacy formulas are developed and adopted | ||
for each type of program. ASE for a program operated by a | ||
regional office of education or an intermediate service | ||
center must be determined by the March 1 enrollment for | ||
the program. For the 2019-2020 school year, the ASE used | ||
in the calculation must be the first-year ASE and, in that | ||
year only, the assignment of students served by a regional | ||
office of education or intermediate service center shall | ||
not result in a reduction of the March enrollment for any | ||
school district. For the 2020-2021 school year, the ASE | ||
must be the greater of the current-year ASE or the 2-year | ||
average ASE. Beginning with the 2021-2022 school year, the | ||
ASE must be the greater of the current-year ASE or the | ||
3-year average ASE. School districts shall submit the data |
for the ASE calculation to the State Board within 45 days | ||
of the dates required in this Section for submission of | ||
enrollment data in order for it to be included in the ASE | ||
calculation. For fiscal year 2018 only, the ASE | ||
calculation shall include only enrollment taken on October | ||
1. | ||
"Base Funding Guarantee" is defined in paragraph (10) | ||
of subsection (g) of this Section. | ||
"Base Funding Minimum" is defined in subsection (e) of | ||
this Section. | ||
"Base Tax Year" means the property tax levy year used | ||
to calculate the Budget Year allocation of primary State | ||
aid. | ||
"Base Tax Year's Extension" means the product of the | ||
equalized assessed valuation utilized by the county clerk | ||
in the Base Tax Year multiplied by the limiting rate as | ||
calculated by the county clerk and defined in PTELL. | ||
"Bilingual Education Allocation" means the amount of | ||
an Organizational Unit's final Adequacy Target | ||
attributable to bilingual education divided by the | ||
Organizational Unit's final Adequacy Target, the product | ||
of which shall be multiplied by the amount of new funding | ||
received pursuant to this Section. An Organizational | ||
Unit's final Adequacy Target attributable to bilingual | ||
education shall include all additional investments in | ||
English learner students' adequacy elements. |
"Budget Year" means the school year for which primary | ||
State aid is calculated and awarded under this Section. | ||
"Central office" means individual administrators and | ||
support service personnel charged with managing the | ||
instructional programs, business and operations, and | ||
security of the Organizational Unit. | ||
"Comparable Wage Index" or "CWI" means a regional cost | ||
differentiation metric that measures systemic, regional | ||
variations in the salaries of college graduates who are | ||
not educators. The CWI utilized for this Section shall, | ||
for the first 3 years of Evidence-Based Funding | ||
implementation, be the CWI initially developed by the | ||
National Center for Education Statistics, as most recently | ||
updated by Texas A & M University. In the fourth and | ||
subsequent years of Evidence-Based Funding implementation, | ||
the State Superintendent shall re-determine the CWI using | ||
a similar methodology to that identified in the Texas A & M | ||
University study, with adjustments made no less frequently | ||
than once every 5 years. | ||
"Computer technology and equipment" means computers | ||
servers, notebooks, network equipment, copiers, printers, | ||
instructional software, security software, curriculum | ||
management courseware, and other similar materials and | ||
equipment. | ||
"Computer technology and equipment investment | ||
allocation" means the final Adequacy Target amount of an |
Organizational Unit assigned to Tier 1 or Tier 2 in the | ||
prior school year attributable to the additional $285.50 | ||
per student computer technology and equipment investment | ||
grant divided by the Organizational Unit's final Adequacy | ||
Target, the result of which shall be multiplied by the | ||
amount of new funding received pursuant to this Section. | ||
An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||
Adequacy Target attributable to the received computer | ||
technology and equipment investment grant shall include | ||
all additional investments in computer technology and | ||
equipment adequacy elements. | ||
"Core subject" means mathematics; science; reading, | ||
English, writing, and language arts; history and social | ||
studies; world languages; and subjects taught as Advanced | ||
Placement in high schools. | ||
"Core teacher" means a regular classroom teacher in | ||
elementary schools and teachers of a core subject in | ||
middle and high schools. | ||
"Core Intervention teacher (tutor)" means a licensed | ||
teacher providing one-on-one or small group tutoring to | ||
students struggling to meet proficiency in core subjects. | ||
"CPPRT" means corporate personal property replacement | ||
tax funds paid to an Organizational Unit during the | ||
calendar year one year before the calendar year in which a | ||
school year begins, pursuant to "An Act in relation to the | ||
abolition of ad valorem personal property tax and the |
replacement of revenues lost thereby, and amending and | ||
repealing certain Acts and parts of Acts in connection | ||
therewith", certified August 14, 1979, as amended (Public | ||
Act 81-1st S.S.-1). | ||
"EAV" means equalized assessed valuation as defined in | ||
paragraph (2) of subsection (d) of this Section and | ||
calculated in accordance with paragraph (3) of subsection | ||
(d) of this Section. | ||
"ECI" means the Bureau of Labor Statistics' national | ||
employment cost index for civilian workers in educational | ||
services in elementary and secondary schools on a | ||
cumulative basis for the 12-month calendar year preceding | ||
the fiscal year of the Evidence-Based Funding calculation. | ||
"EIS Data" means the employment information system | ||
data maintained by the State Board on educators within | ||
Organizational Units. | ||
"Employee benefits" means health, dental, and vision | ||
insurance offered to employees of an Organizational Unit, | ||
the costs associated with the statutorily required payment | ||
of the normal cost of the Organizational Unit's teacher | ||
pensions, Social Security employer contributions, and | ||
Illinois Municipal Retirement Fund employer contributions. | ||
"English learner" or "EL" means a child included in | ||
the definition of "English learners" under Section 14C-2 | ||
of this Code participating in a program of transitional | ||
bilingual education or a transitional program of |
instruction meeting the requirements and program | ||
application procedures of Article 14C of this Code. For | ||
the purposes of collecting the number of EL students | ||
enrolled, the same collection and calculation methodology | ||
as defined above for "ASE" shall apply to English | ||
learners, with the exception that EL student enrollment | ||
shall include students in grades pre-kindergarten through | ||
12. | ||
"Essential Elements" means those elements, resources, | ||
and educational programs that have been identified through | ||
academic research as necessary to improve student success, | ||
improve academic performance, close achievement gaps, and | ||
provide for other per student costs related to the | ||
delivery and leadership of the Organizational Unit, as | ||
well as the maintenance and operations of the unit, and | ||
which are specified in paragraph (2) of subsection (b) of | ||
this Section. | ||
"Evidence-Based Funding" means State funding provided | ||
to an Organizational Unit pursuant to this Section. | ||
"Extended day" means academic and enrichment programs | ||
provided to students outside the regular school day before | ||
and after school or during non-instructional times during | ||
the school day. | ||
"Extension Limitation Ratio" means a numerical ratio | ||
in which the numerator is the Base Tax Year's Extension | ||
and the denominator is the Preceding Tax Year's Extension. |
"Final Percent of Adequacy" is defined in paragraph | ||
(4) of subsection (f) of this Section. | ||
"Final Resources" is defined in paragraph (3) of | ||
subsection (f) of this Section. | ||
"Full-time equivalent" or "FTE" means the full-time | ||
equivalency compensation for staffing the relevant | ||
position at an Organizational Unit. | ||
"Funding Gap" is defined in paragraph (1) of | ||
subsection (g). | ||
"Guidance counselor" means a licensed guidance | ||
counselor who provides guidance and counseling support for | ||
students within an Organizational Unit. | ||
"Hybrid District" means a partial elementary unit | ||
district created pursuant to Article 11E of this Code. | ||
"Instructional assistant" means a core or special | ||
education, non-licensed employee who assists a teacher in | ||
the classroom and provides academic support to students. | ||
"Instructional facilitator" means a qualified teacher | ||
or licensed teacher leader who facilitates and coaches | ||
continuous improvement in classroom instruction; provides | ||
instructional support to teachers in the elements of | ||
research-based instruction or demonstrates the alignment | ||
of instruction with curriculum standards and assessment | ||
tools; develops or coordinates instructional programs or | ||
strategies; develops and implements training; chooses | ||
standards-based instructional materials; provides |
teachers with an understanding of current research; serves | ||
as a mentor, site coach, curriculum specialist, or lead | ||
teacher; or otherwise works with fellow teachers, in | ||
collaboration, to use data to improve instructional | ||
practice or develop model lessons. | ||
"Instructional materials" means relevant | ||
instructional materials for student instruction, | ||
including, but not limited to, textbooks, consumable | ||
workbooks, laboratory equipment, library books, and other | ||
similar materials. | ||
"Laboratory School" means a public school that is | ||
created and operated by a public university and approved | ||
by the State Board. | ||
"Librarian" means a teacher with an endorsement as a | ||
library information specialist or another individual whose | ||
primary responsibility is overseeing library resources | ||
within an Organizational Unit. | ||
"Limiting rate for Hybrid Districts" means the | ||
combined elementary school and high school limiting rates. | ||
"Local Capacity" is defined in paragraph (1) of | ||
subsection (c) of this Section. | ||
"Local Capacity Percentage" is defined in subparagraph | ||
(A) of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Ratio" is defined in subparagraph (B) | ||
of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Target" is defined in paragraph (2) of |
subsection (c) of this Section. | ||
"Low-Income Count" means, for an Organizational Unit | ||
in a fiscal year, the higher of the average number of | ||
students for the prior school year or the immediately | ||
preceding 3 school years who, as of July 1 of the | ||
immediately preceding fiscal year (as determined by the | ||
Department of Human Services), are eligible for at least | ||
one of the following low-income programs: Medicaid, the | ||
Children's Health Insurance Program, Temporary Assistance | ||
for Needy Families (TANF), or the Supplemental Nutrition | ||
Assistance Program, excluding pupils who are eligible for | ||
services provided by the Department of Children and Family | ||
Services. Until such time that grade level low-income | ||
populations become available, grade level low-income | ||
populations shall be determined by applying the low-income | ||
percentage to total student enrollments by grade level. | ||
The low-income percentage is determined by dividing the | ||
Low-Income Count by the Average Student Enrollment. The | ||
low-income percentage for programs operated by a regional | ||
office of education or an intermediate service center must | ||
be set to the weighted average of the low-income | ||
percentages of all of the school districts in the service | ||
region. The weighted low-income percentage is the result | ||
of multiplying the low-income percentage of each school | ||
district served by the regional office of education or | ||
intermediate service center by each school district's |
Average Student Enrollment, summarizing those products and | ||
dividing the total by the total Average Student Enrollment | ||
for the service region. | ||
"Maintenance and operations" means custodial services, | ||
facility and ground maintenance, facility operations, | ||
facility security, routine facility repairs, and other | ||
similar services and functions. | ||
"Minimum Funding Level" is defined in paragraph (9) of | ||
subsection (g) of this Section. | ||
"New Property Tax Relief Pool Funds" means, for any | ||
given fiscal year, all State funds appropriated under | ||
Section 2-3.170 of this the School Code. | ||
"New State Funds" means, for a given school year, all | ||
State funds appropriated for Evidence-Based Funding in | ||
excess of the amount needed to fund the Base Funding | ||
Minimum for all Organizational Units in that school year. | ||
"Net State Contribution Target" means, for a given | ||
school year, the amount of State funds that would be | ||
necessary to fully meet the Adequacy Target of an | ||
Operational Unit minus the Preliminary Resources available | ||
to each unit. | ||
"Nurse" means an individual licensed as a certified | ||
school nurse, in accordance with the rules established for | ||
nursing services by the State Board, who is an employee of | ||
and is available to provide health care-related services | ||
for students of an Organizational Unit. |
"Operating Tax Rate" means the rate utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
For Hybrid Districts, the Operating Tax Rate shall be the | ||
combined elementary and high school rates utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
"Organizational Unit" means a Laboratory School or any | ||
public school district that is recognized as such by the | ||
State Board and that contains elementary schools typically | ||
serving kindergarten through 5th grades, middle schools | ||
typically serving 6th through 8th grades, high schools | ||
typically serving 9th through 12th grades, a program | ||
established under Section 2-3.66 or 2-3.41, or a program | ||
operated by a regional office of education or an | ||
intermediate service center under Article 13A or 13B. The | ||
General Assembly acknowledges that the actual grade levels | ||
served by a particular Organizational Unit may vary | ||
slightly from what is typical. | ||
"Organizational Unit CWI" is determined by calculating | ||
the CWI in the region and original county in which an | ||
Organizational Unit's primary administrative office is | ||
located as set forth in this paragraph, provided that if | ||
the Organizational Unit CWI as calculated in accordance |
with this paragraph is less than 0.9, the Organizational | ||
Unit CWI shall be increased to 0.9. Each county's current | ||
CWI value shall be adjusted based on the CWI value of that | ||
county's neighboring Illinois counties, to create a | ||
"weighted adjusted index value". This shall be calculated | ||
by summing the CWI values of all of a county's adjacent | ||
Illinois counties and dividing by the number of adjacent | ||
Illinois counties, then taking the weighted value of the | ||
original county's CWI value and the adjacent Illinois | ||
county average. To calculate this weighted value, if the | ||
number of adjacent Illinois counties is greater than 2, | ||
the original county's CWI value will be weighted at 0.25 | ||
and the adjacent Illinois county average will be weighted | ||
at 0.75. If the number of adjacent Illinois counties is 2, | ||
the original county's CWI value will be weighted at 0.33 | ||
and the adjacent Illinois county average will be weighted | ||
at 0.66. The greater of the county's current CWI value and | ||
its weighted adjusted index value shall be used as the | ||
Organizational Unit CWI. | ||
"Preceding Tax Year" means the property tax levy year | ||
immediately preceding the Base Tax Year. | ||
"Preceding Tax Year's Extension" means the product of | ||
the equalized assessed valuation utilized by the county | ||
clerk in the Preceding Tax Year multiplied by the | ||
Operating Tax Rate. | ||
"Preliminary Percent of Adequacy" is defined in |
paragraph (2) of subsection (f) of this Section. | ||
"Preliminary Resources" is defined in paragraph (2) of | ||
subsection (f) of this Section. | ||
"Principal" means a school administrator duly endorsed | ||
to be employed as a principal in this State. | ||
"Professional development" means training programs for | ||
licensed staff in schools, including, but not limited to, | ||
programs that assist in implementing new curriculum | ||
programs, provide data focused or academic assessment data | ||
training to help staff identify a student's weaknesses and | ||
strengths, target interventions, improve instruction, | ||
encompass instructional strategies for English learner, | ||
gifted, or at-risk students, address inclusivity, cultural | ||
sensitivity, or implicit bias, or otherwise provide | ||
professional support for licensed staff. | ||
"Prototypical" means 450 special education | ||
pre-kindergarten and kindergarten through grade 5 students | ||
for an elementary school, 450 grade 6 through 8 students | ||
for a middle school, and 600 grade 9 through 12 students | ||
for a high school. | ||
"PTELL" means the Property Tax Extension Limitation | ||
Law. | ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
(d) of this Section. | ||
"Pupil support staff" means a nurse, psychologist, | ||
social worker, family liaison personnel, or other staff |
member who provides support to at-risk or struggling | ||
students. | ||
"Real Receipts" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Regionalization Factor" means, for a particular | ||
Organizational Unit, the figure derived by dividing the | ||
Organizational Unit CWI by the Statewide Weighted CWI. | ||
"School counselor" means a licensed school counselor | ||
who provides guidance and counseling support for students | ||
within an Organizational Unit. | ||
"School site staff" means the primary school secretary | ||
and any additional clerical personnel assigned to a | ||
school. | ||
"Special education" means special educational | ||
facilities and services, as defined in Section 14-1.08 of | ||
this Code. | ||
"Special Education Allocation" means the amount of an | ||
Organizational Unit's final Adequacy Target attributable | ||
to special education divided by the Organizational Unit's | ||
final Adequacy Target, the product of which shall be | ||
multiplied by the amount of new funding received pursuant | ||
to this Section. An Organizational Unit's final Adequacy | ||
Target attributable to special education shall include all | ||
special education investment adequacy elements. | ||
"Specialist teacher" means a teacher who provides | ||
instruction in subject areas not included in core |
subjects, including, but not limited to, art, music, | ||
physical education, health, driver education, | ||
career-technical education, and such other subject areas | ||
as may be mandated by State law or provided by an | ||
Organizational Unit. | ||
"Specially Funded Unit" means an Alternative School, | ||
safe school, Department of Juvenile Justice school, | ||
special education cooperative or entity recognized by the | ||
State Board as a special education cooperative, | ||
State-approved charter school, or alternative learning | ||
opportunities program that received direct funding from | ||
the State Board during the 2016-2017 school year through | ||
any of the funding sources included within the calculation | ||
of the Base Funding Minimum or Glenwood Academy. | ||
"Supplemental Grant Funding" means supplemental | ||
general State aid funding received by an Organizational | ||
Unit during the 2016-2017 school year pursuant to | ||
subsection (H) of Section 18-8.05 of this Code (now | ||
repealed). | ||
"State Adequacy Level" is the sum of the Adequacy | ||
Targets of all Organizational Units. | ||
"State Board" means the State Board of Education. | ||
"State Superintendent" means the State Superintendent | ||
of Education. | ||
"Statewide Weighted CWI" means a figure determined by | ||
multiplying each Organizational Unit CWI times the ASE for |
that Organizational Unit creating a weighted value, | ||
summing all Organizational Units' weighted values, and | ||
dividing by the total ASE of all Organizational Units, | ||
thereby creating an average weighted index. | ||
"Student activities" means non-credit producing | ||
after-school programs, including, but not limited to, | ||
clubs, bands, sports, and other activities authorized by | ||
the school board of the Organizational Unit. | ||
"Substitute teacher" means an individual teacher or | ||
teaching assistant who is employed by an Organizational | ||
Unit and is temporarily serving the Organizational Unit on | ||
a per diem or per period-assignment basis to replace | ||
another staff member. | ||
"Summer school" means academic and enrichment programs | ||
provided to students during the summer months outside of | ||
the regular school year. | ||
"Supervisory aide" means a non-licensed staff member | ||
who helps in supervising students of an Organizational | ||
Unit, but does so outside of the classroom, in situations | ||
such as, but not limited to, monitoring hallways and | ||
playgrounds, supervising lunchrooms, or supervising | ||
students when being transported in buses serving the | ||
Organizational Unit. | ||
"Target Ratio" is defined in paragraph (4) of | ||
subsection (g). | ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
in paragraph (3) of subsection (g). | ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||
Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||
Aggregate Funding" are defined in paragraph (1) of | ||
subsection (g). | ||
(b) Adequacy Target calculation. | ||
(1) Each Organizational Unit's Adequacy Target is the | ||
sum of the Organizational Unit's cost of providing | ||
Essential Elements, as calculated in accordance with this | ||
subsection (b), with the salary amounts in the Essential | ||
Elements multiplied by a Regionalization Factor calculated | ||
pursuant to paragraph (3) of this subsection (b). | ||
(2) The Essential Elements are attributable on a pro | ||
rata basis related to defined subgroups of the ASE of each | ||
Organizational Unit as specified in this paragraph (2), | ||
with investments and FTE positions pro rata funded based | ||
on ASE counts in excess of or less than the thresholds set | ||
forth in this paragraph (2). The method for calculating | ||
attributable pro rata costs and the defined subgroups | ||
thereto are as follows: | ||
(A) Core class size investments. Each | ||
Organizational Unit shall receive the funding required | ||
to support that number of FTE core teacher positions | ||
as is needed to keep the respective class sizes of the | ||
Organizational Unit to the following maximum numbers: | ||
(i) For grades kindergarten through 3, the |
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
15 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 20 | ||
non-Low-Income Count students in those grades. | ||
(ii) For grades 4 through 12, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
20 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 25 | ||
non-Low-Income Count students in those grades. | ||
The number of non-Low-Income Count students in a | ||
grade shall be determined by subtracting the | ||
Low-Income students in that grade from the ASE of the | ||
Organizational Unit for that grade. | ||
(B) Specialist teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover that number of FTE specialist teacher | ||
positions that correspond to the following | ||
percentages: | ||
(i) if the Organizational Unit operates an | ||
elementary or middle school, then 20.00% of the | ||
number of the Organizational Unit's core teachers, | ||
as determined under subparagraph (A) of this | ||
paragraph (2); and | ||
(ii) if such Organizational Unit operates a |
high school, then 33.33% of the number of the | ||
Organizational Unit's core teachers. | ||
(C) Instructional facilitator investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE instructional facilitator position | ||
for every 200 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students of the Organizational Unit. | ||
(D) Core intervention teacher (tutor) investments. | ||
Each Organizational Unit shall receive the funding | ||
needed to cover one FTE teacher position for each | ||
prototypical elementary, middle, and high school. | ||
(E) Substitute teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover substitute teacher costs that is equal to | ||
5.70% of the minimum pupil attendance days required | ||
under Section 10-19 of this Code for all full-time | ||
equivalent core, specialist, and intervention | ||
teachers, school nurses, special education teachers | ||
and instructional assistants, instructional | ||
facilitators, and summer school and extended day | ||
teacher positions, as determined under this paragraph | ||
(2), at a salary rate of 33.33% of the average salary | ||
for grade K through 12 teachers and 33.33% of the | ||
average salary of each instructional assistant | ||
position. |
(F) Core school guidance counselor investments. | ||
Each Organizational Unit shall receive the funding | ||
needed to cover one FTE school guidance counselor for | ||
each 450 combined ASE of pre-kindergarten children | ||
with disabilities and all kindergarten through grade 5 | ||
students, plus one FTE school guidance counselor for | ||
each 250 grades 6 through 8 ASE middle school | ||
students, plus one FTE school guidance counselor for | ||
each 250 grades 9 through 12 ASE high school students. | ||
(G) Nurse investments. Each Organizational Unit | ||
shall receive the funding needed to cover one FTE | ||
nurse for each 750 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students across all grade levels it | ||
serves. | ||
(H) Supervisory aide investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE for each 225 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE | ||
for each 225 ASE middle school students, plus one FTE | ||
for each 200 ASE high school students. | ||
(I) Librarian investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
librarian for each prototypical elementary school, | ||
middle school, and high school and one FTE aide or |
media technician for every 300 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students. | ||
(J) Principal investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
principal position for each prototypical elementary | ||
school, plus one FTE principal position for each | ||
prototypical middle school, plus one FTE principal | ||
position for each prototypical high school. | ||
(K) Assistant principal investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE assistant principal position for each | ||
prototypical elementary school, plus one FTE assistant | ||
principal position for each prototypical middle | ||
school, plus one FTE assistant principal position for | ||
each prototypical high school. | ||
(L) School site staff investments. Each | ||
Organizational Unit shall receive the funding needed | ||
for one FTE position for each 225 ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE | ||
position for each 225 ASE middle school students, plus | ||
one FTE position for each 200 ASE high school | ||
students. | ||
(M) Gifted investments. Each Organizational Unit | ||
shall receive $40 per kindergarten through grade 12 |
ASE. | ||
(N) Professional development investments. Each | ||
Organizational Unit shall receive $125 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for trainers and other professional | ||
development-related expenses for supplies and | ||
materials. | ||
(O) Instructional material investments. Each | ||
Organizational Unit shall receive $190 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover instructional material costs. | ||
(P) Assessment investments. Each Organizational | ||
Unit shall receive $25 per student of the combined ASE | ||
of pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students to cover | ||
assessment costs. | ||
(Q) Computer technology and equipment investments. | ||
Each Organizational Unit shall receive $285.50 per | ||
student of the combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students to cover computer technology | ||
and equipment costs. For the 2018-2019 school year and | ||
subsequent school years, Organizational Units assigned | ||
to Tier 1 and Tier 2 in the prior school year shall |
receive an additional $285.50 per student of the | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover computer technology and equipment | ||
costs in the Organizational Unit's Adequacy Target. | ||
The State Board may establish additional requirements | ||
for Organizational Unit expenditures of funds received | ||
pursuant to this subparagraph (Q), including a | ||
requirement that funds received pursuant to this | ||
subparagraph (Q) may be used only for serving the | ||
technology needs of the district. It is the intent of | ||
Public Act 100-465 that all Tier 1 and Tier 2 districts | ||
receive the addition to their Adequacy Target in the | ||
following year, subject to compliance with the | ||
requirements of the State Board. | ||
(R) Student activities investments. Each | ||
Organizational Unit shall receive the following | ||
funding amounts to cover student activities: $100 per | ||
kindergarten through grade 5 ASE student in elementary | ||
school, plus $200 per ASE student in middle school, | ||
plus $675 per ASE student in high school. | ||
(S) Maintenance and operations investments. Each | ||
Organizational Unit shall receive $1,038 per student | ||
of the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for day-to-day maintenance and operations |
expenditures, including salary, supplies, and | ||
materials, as well as purchased services, but | ||
excluding employee benefits. The proportion of salary | ||
for the application of a Regionalization Factor and | ||
the calculation of benefits is equal to $352.92. | ||
(T) Central office investments. Each | ||
Organizational Unit shall receive $742 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover central office operations, including | ||
administrators and classified personnel charged with | ||
managing the instructional programs, business and | ||
operations of the school district, and security | ||
personnel. The proportion of salary for the | ||
application of a Regionalization Factor and the | ||
calculation of benefits is equal to $368.48. | ||
(U) Employee benefit investments. Each | ||
Organizational Unit shall receive 30% of the total of | ||
all salary-calculated elements of the Adequacy Target, | ||
excluding substitute teachers and student activities | ||
investments, to cover benefit costs. For central | ||
office and maintenance and operations investments, the | ||
benefit calculation shall be based upon the salary | ||
proportion of each investment. If at any time the | ||
responsibility for funding the employer normal cost of | ||
teacher pensions is assigned to school districts, then |
that amount certified by the Teachers' Retirement | ||
System of the State of Illinois to be paid by the | ||
Organizational Unit for the preceding school year | ||
shall be added to the benefit investment. For any | ||
fiscal year in which a school district organized under | ||
Article 34 of this Code is responsible for paying the | ||
employer normal cost of teacher pensions, then that | ||
amount of its employer normal cost plus the amount for | ||
retiree health insurance as certified by the Public | ||
School Teachers' Pension and Retirement Fund of | ||
Chicago to be paid by the school district for the | ||
preceding school year that is statutorily required to | ||
cover employer normal costs and the amount for retiree | ||
health insurance shall be added to the 30% specified | ||
in this subparagraph (U). The Teachers' Retirement | ||
System of the State of Illinois and the Public School | ||
Teachers' Pension and Retirement Fund of Chicago shall | ||
submit such information as the State Superintendent | ||
may require for the calculations set forth in this | ||
subparagraph (U). | ||
(V) Additional investments in low-income students. | ||
In addition to and not in lieu of all other funding | ||
under this paragraph (2), each Organizational Unit | ||
shall receive funding based on the average teacher | ||
salary for grades K through 12 to cover the costs of: | ||
(i) one FTE intervention teacher (tutor) |
position for every 125 Low-Income Count students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 Low-Income Count students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 Low-Income Count students; and | ||
(iv) one FTE summer school teacher position | ||
for every 120 Low-Income Count students. | ||
(W) Additional investments in English learner | ||
students. In addition to and not in lieu of all other | ||
funding under this paragraph (2), each Organizational | ||
Unit shall receive funding based on the average | ||
teacher salary for grades K through 12 to cover the | ||
costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 English learner students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 English learner students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 English learner students; | ||
(iv) one FTE summer school teacher position | ||
for every 120 English learner students; and | ||
(v) one FTE core teacher position for every | ||
100 English learner students. | ||
(X) Special education investments. Each | ||
Organizational Unit shall receive funding based on the | ||
average teacher salary for grades K through 12 to |
cover special education as follows: | ||
(i) one FTE teacher position for every 141 | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; | ||
(ii) one FTE instructional assistant for every | ||
141 combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; and | ||
(iii) one FTE psychologist position for every | ||
1,000 combined ASE of pre-kindergarten children | ||
with disabilities and all kindergarten through | ||
grade 12 students. | ||
(3) For calculating the salaries included within the | ||
Essential Elements, the State Superintendent shall | ||
annually calculate average salaries to the nearest dollar | ||
using the employment information system data maintained by | ||
the State Board, limited to public schools only and | ||
excluding special education and vocational cooperatives, | ||
schools operated by the Department of Juvenile Justice, | ||
and charter schools, for the following positions: | ||
(A) Teacher for grades K through 8. | ||
(B) Teacher for grades 9 through 12. | ||
(C) Teacher for grades K through 12. | ||
(D) School Guidance counselor for grades K through | ||
8. |
(E) School Guidance counselor for grades 9 through | ||
12. | ||
(F) School Guidance counselor for grades K through | ||
12. | ||
(G) Social worker. | ||
(H) Psychologist. | ||
(I) Librarian. | ||
(J) Nurse. | ||
(K) Principal. | ||
(L) Assistant principal. | ||
For the purposes of this paragraph (3), "teacher" | ||
includes core teachers, specialist and elective teachers, | ||
instructional facilitators, tutors, special education | ||
teachers, pupil support staff teachers, English learner | ||
teachers, extended day teachers, and summer school | ||
teachers. Where specific grade data is not required for | ||
the Essential Elements, the average salary for | ||
corresponding positions shall apply. For substitute | ||
teachers, the average teacher salary for grades K through | ||
12 shall apply. | ||
For calculating the salaries included within the | ||
Essential Elements for positions not included within EIS | ||
Data, the following salaries shall be used in the first | ||
year of implementation of Evidence-Based Funding: | ||
(i) school site staff, $30,000; and | ||
(ii) non-instructional assistant, instructional |
assistant, library aide, library media tech, or | ||
supervisory aide: $25,000. | ||
In the second and subsequent years of implementation | ||
of Evidence-Based Funding, the amounts in items (i) and | ||
(ii) of this paragraph (3) shall annually increase by the | ||
ECI. | ||
The salary amounts for the Essential Elements | ||
determined pursuant to subparagraphs (A) through (L), (S) | ||
and (T), and (V) through (X) of paragraph (2) of | ||
subsection (b) of this Section shall be multiplied by a | ||
Regionalization Factor. | ||
(c) Local Capacity calculation. | ||
(1) Each Organizational Unit's Local Capacity | ||
represents an amount of funding it is assumed to | ||
contribute toward its Adequacy Target for purposes of the | ||
Evidence-Based Funding formula calculation. "Local | ||
Capacity" means either (i) the Organizational Unit's Local | ||
Capacity Target as calculated in accordance with paragraph | ||
(2) of this subsection (c) if its Real Receipts are equal | ||
to or less than its Local Capacity Target or (ii) the | ||
Organizational Unit's Adjusted Local Capacity, as | ||
calculated in accordance with paragraph (3) of this | ||
subsection (c) if Real Receipts are more than its Local | ||
Capacity Target. | ||
(2) "Local Capacity Target" means, for an | ||
Organizational Unit, that dollar amount that is obtained |
by multiplying its Adequacy Target by its Local Capacity | ||
Ratio. | ||
(A) An Organizational Unit's Local Capacity | ||
Percentage is the conversion of the Organizational | ||
Unit's Local Capacity Ratio, as such ratio is | ||
determined in accordance with subparagraph (B) of this | ||
paragraph (2), into a cumulative distribution | ||
resulting in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The calculation of | ||
Local Capacity Percentage is described in subparagraph | ||
(C) of this paragraph (2). | ||
(B) An Organizational Unit's Local Capacity Ratio | ||
in a given year is the percentage obtained by dividing | ||
its Adjusted EAV or PTELL EAV, whichever is less, by | ||
its Adequacy Target, with the resulting ratio further | ||
adjusted as follows: | ||
(i) for Organizational Units serving grades | ||
kindergarten through 12 and Hybrid Districts, no | ||
further adjustments shall be made; | ||
(ii) for Organizational Units serving grades | ||
kindergarten through 8, the ratio shall be | ||
multiplied by 9/13; | ||
(iii) for Organizational Units serving grades | ||
9 through 12, the Local Capacity Ratio shall be | ||
multiplied by 4/13; and |
(iv) for an Organizational Unit with a | ||
different grade configuration than those specified | ||
in items (i) through (iii) of this subparagraph | ||
(B), the State Superintendent shall determine a | ||
comparable adjustment based on the grades served. | ||
(C) The Local Capacity Percentage is equal to the | ||
percentile ranking of the district. Local Capacity | ||
Percentage converts each Organizational Unit's Local | ||
Capacity Ratio to a cumulative distribution resulting | ||
in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The Local Capacity | ||
Percentage cumulative distribution resulting in a | ||
percentile ranking for each Organizational Unit shall | ||
be calculated using the standard normal distribution | ||
of the score in relation to the weighted mean and | ||
weighted standard deviation and Local Capacity Ratios | ||
of all Organizational Units. If the value assigned to | ||
any Organizational Unit is in excess of 90%, the value | ||
shall be adjusted to 90%. For Laboratory Schools, the | ||
Local Capacity Percentage shall be set at 10% in
| ||
recognition of the absence of EAV and resources from | ||
the public university that are allocated to
the | ||
Laboratory School. For programs operated by a regional | ||
office of education or an intermediate service center, | ||
the Local Capacity Percentage must be set at 10% in |
recognition of the absence of EAV and resources from | ||
school districts that are allocated to the regional | ||
office of education or intermediate service center. | ||
The weighted mean for the Local Capacity Percentage | ||
shall be determined by multiplying each Organizational | ||
Unit's Local Capacity Ratio times the ASE for the unit | ||
creating a weighted value, summing the weighted values | ||
of all Organizational Units, and dividing by the total | ||
ASE of all Organizational Units. The weighted standard | ||
deviation shall be determined by taking the square | ||
root of the weighted variance of all Organizational | ||
Units' Local Capacity Ratio, where the variance is | ||
calculated by squaring the difference between each | ||
unit's Local Capacity Ratio and the weighted mean, | ||
then multiplying the variance for each unit times the | ||
ASE for the unit to create a weighted variance for each | ||
unit, then summing all units' weighted variance and | ||
dividing by the total ASE of all units. | ||
(D) For any Organizational Unit, the | ||
Organizational Unit's Adjusted Local Capacity Target | ||
shall be reduced by either (i) the school board's | ||
remaining contribution pursuant to paragraph (ii) of | ||
subsection (b-4) of Section 16-158 of the Illinois | ||
Pension Code in a given year or (ii) the board of | ||
education's remaining contribution pursuant to | ||
paragraph (iv) of subsection (b) of Section 17-129 of |
the Illinois Pension Code absent the employer normal | ||
cost portion of the required contribution and amount | ||
allowed pursuant to subdivision (3) of Section | ||
17-142.1 of the Illinois Pension Code in a given year. | ||
In the preceding sentence, item (i) shall be certified | ||
to the State Board of Education by the Teachers' | ||
Retirement System of the State of Illinois and item | ||
(ii) shall be certified to the State Board of | ||
Education by the Public School Teachers' Pension and | ||
Retirement Fund of the City of Chicago. | ||
(3) If an Organizational Unit's Real Receipts are more | ||
than its Local Capacity Target, then its Local Capacity | ||
shall equal an Adjusted Local Capacity Target as | ||
calculated in accordance with this paragraph (3). The | ||
Adjusted Local Capacity Target is calculated as the sum of | ||
the Organizational Unit's Local Capacity Target and its | ||
Real Receipts Adjustment. The Real Receipts Adjustment | ||
equals the Organizational Unit's Real Receipts less its | ||
Local Capacity Target, with the resulting figure | ||
multiplied by the Local Capacity Percentage. | ||
As used in this paragraph (3), "Real Percent of | ||
Adequacy" means the sum of an Organizational Unit's Real | ||
Receipts, CPPRT, and Base Funding Minimum, with the | ||
resulting figure divided by the Organizational Unit's | ||
Adequacy Target. | ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV |
for purposes of the Local Capacity calculation. | ||
(1) An Organizational Unit's Real Receipts are the | ||
product of its Applicable Tax Rate and its Adjusted EAV. | ||
An Organizational Unit's Applicable Tax Rate is its | ||
Adjusted Operating Tax Rate for property within the | ||
Organizational Unit. | ||
(2) The State Superintendent shall calculate the | ||
equalized assessed valuation, or EAV, of all taxable | ||
property of each Organizational Unit as of September 30 of | ||
the previous year in accordance with paragraph (3) of this | ||
subsection (d). The State Superintendent shall then | ||
determine the Adjusted EAV of each Organizational Unit in | ||
accordance with paragraph (4) of this subsection (d), | ||
which Adjusted EAV figure shall be used for the purposes | ||
of calculating Local Capacity. | ||
(3) To calculate Real Receipts and EAV, the Department | ||
of Revenue shall supply to the State Superintendent the | ||
value as equalized or assessed by the Department of | ||
Revenue of all taxable property of every Organizational | ||
Unit, together with (i) the applicable tax rate used in | ||
extending taxes for the funds of the Organizational Unit | ||
as of September 30 of the previous year and (ii) the | ||
limiting rate for all Organizational Units subject to | ||
property tax extension limitations as imposed under PTELL. | ||
(A) The Department of Revenue shall add to the | ||
equalized assessed value of all taxable property of |
each Organizational Unit situated entirely or | ||
partially within a county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code (i) an amount equal to the total amount by | ||
which the homestead exemption allowed under Section | ||
15-176 or 15-177 of the Property Tax Code for real | ||
property situated in that Organizational Unit exceeds | ||
the total amount that would have been allowed in that | ||
Organizational Unit if the maximum reduction under | ||
Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||
in all other counties in tax year 2003 or (II) $5,000 | ||
in all counties in tax year 2004 and thereafter and | ||
(ii) an amount equal to the aggregate amount for the | ||
taxable year of all additional exemptions under | ||
Section 15-175 of the Property Tax Code for owners | ||
with a household income of $30,000 or less. The county | ||
clerk of any county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code shall annually calculate and certify to the | ||
Department of Revenue for each Organizational Unit all | ||
homestead exemption amounts under Section 15-176 or | ||
15-177 of the Property Tax Code and all amounts of | ||
additional exemptions under Section 15-175 of the | ||
Property Tax Code for owners with a household income | ||
of $30,000 or less. It is the intent of this | ||
subparagraph (A) that if the general homestead |
exemption for a parcel of property is determined under | ||
Section 15-176 or 15-177 of the Property Tax Code | ||
rather than Section 15-175, then the calculation of | ||
EAV shall not be affected by the difference, if any, | ||
between the amount of the general homestead exemption | ||
allowed for that parcel of property under Section | ||
15-176 or 15-177 of the Property Tax Code and the | ||
amount that would have been allowed had the general | ||
homestead exemption for that parcel of property been | ||
determined under Section 15-175 of the Property Tax | ||
Code. It is further the intent of this subparagraph | ||
(A) that if additional exemptions are allowed under | ||
Section 15-175 of the Property Tax Code for owners | ||
with a household income of less than $30,000, then the | ||
calculation of EAV shall not be affected by the | ||
difference, if any, because of those additional | ||
exemptions. | ||
(B) With respect to any part of an Organizational | ||
Unit within a redevelopment project area in respect to | ||
which a municipality has adopted tax increment | ||
allocation financing pursuant to the Tax Increment | ||
Allocation Redevelopment Act, Division 74.4 of Article | ||
11 of the Illinois Municipal Code, or the Industrial | ||
Jobs Recovery Law, Division 74.6 of Article 11 of the | ||
Illinois Municipal Code, no part of the current EAV of | ||
real property located in any such project area that is |
attributable to an increase above the total initial | ||
EAV of such property shall be used as part of the EAV | ||
of the Organizational Unit, until such time as all | ||
redevelopment project costs have been paid, as | ||
provided in Section 11-74.4-8 of the Tax Increment | ||
Allocation Redevelopment Act or in Section 11-74.6-35 | ||
of the Industrial Jobs Recovery Law. For the purpose | ||
of the EAV of the Organizational Unit, the total | ||
initial EAV or the current EAV, whichever is lower, | ||
shall be used until such time as all redevelopment | ||
project costs have been paid. | ||
(B-5) The real property equalized assessed | ||
valuation for a school district shall be adjusted by | ||
subtracting from the real property value, as equalized | ||
or assessed by the Department of Revenue, for the | ||
district an amount computed by dividing the amount of | ||
any abatement of taxes under Section 18-170 of the | ||
Property Tax Code by 3.00% for a district maintaining | ||
grades kindergarten through 12, by 2.30% for a | ||
district maintaining grades kindergarten through 8, or | ||
by 1.05% for a district maintaining grades 9 through | ||
12 and adjusted by an amount computed by dividing the | ||
amount of any abatement of taxes under subsection (a) | ||
of Section 18-165 of the Property Tax Code by the same | ||
percentage rates for district type as specified in | ||
this subparagraph (B-5). |
(C) For Organizational Units that are Hybrid | ||
Districts, the State Superintendent shall use the | ||
lesser of the adjusted equalized assessed valuation | ||
for property within the partial elementary unit | ||
district for elementary purposes, as defined in | ||
Article 11E of this Code, or the adjusted equalized | ||
assessed valuation for property within the partial | ||
elementary unit district for high school purposes, as | ||
defined in Article 11E of this Code. | ||
(4) An Organizational Unit's Adjusted EAV shall be the | ||
average of its EAV over the immediately preceding 3 years | ||
or its EAV in the immediately preceding year if the EAV in | ||
the immediately preceding year has declined by 10% or more | ||
compared to the 3-year average. In the event of | ||
Organizational Unit reorganization, consolidation, or | ||
annexation, the Organizational Unit's Adjusted EAV for the | ||
first 3 years after such change shall be as follows: the | ||
most current EAV shall be used in the first year, the | ||
average of a 2-year EAV or its EAV in the immediately | ||
preceding year if the EAV declines by 10% or more compared | ||
to the 2-year average for the second year, and a 3-year | ||
average EAV or its EAV in the immediately preceding year | ||
if the Adjusted EAV declines by 10% or more compared to the | ||
3-year average for the third year. For any school district | ||
whose EAV in the immediately preceding year is used in | ||
calculations, in the following year, the Adjusted EAV |
shall be the average of its EAV over the immediately | ||
preceding 2 years or the immediately preceding year if | ||
that year represents a decline of 10% or more compared to | ||
the 2-year average. | ||
"PTELL EAV" means a figure calculated by the State | ||
Board for Organizational Units subject to PTELL as | ||
described in this paragraph (4) for the purposes of | ||
calculating an Organizational Unit's Local Capacity Ratio. | ||
Except as otherwise provided in this paragraph (4), the | ||
PTELL EAV of an Organizational Unit shall be equal to the | ||
product of the equalized assessed valuation last used in | ||
the calculation of general State aid under Section 18-8.05 | ||
of this Code (now repealed) or Evidence-Based Funding | ||
under this Section and the Organizational Unit's Extension | ||
Limitation Ratio. If an Organizational Unit has approved | ||
or does approve an increase in its limiting rate, pursuant | ||
to Section 18-190 of the Property Tax Code, affecting the | ||
Base Tax Year, the PTELL EAV shall be equal to the product | ||
of the equalized assessed valuation last used in the | ||
calculation of general State aid under Section 18-8.05 of | ||
this Code (now repealed) or Evidence-Based Funding under | ||
this Section multiplied by an amount equal to one plus the | ||
percentage increase, if any, in the Consumer Price Index | ||
for All Urban Consumers for all items published by the | ||
United States Department of Labor for the 12-month | ||
calendar year preceding the Base Tax Year, plus the |
equalized assessed valuation of new property, annexed | ||
property, and recovered tax increment value and minus the | ||
equalized assessed valuation of disconnected property. | ||
As used in this paragraph (4), "new property" and | ||
"recovered tax increment value" shall have the meanings | ||
set forth in the Property Tax Extension Limitation Law. | ||
(e) Base Funding Minimum calculation. | ||
(1) For the 2017-2018 school year, the Base Funding | ||
Minimum of an Organizational Unit or a Specially Funded | ||
Unit shall be the amount of State funds distributed to the | ||
Organizational Unit or Specially Funded Unit during the | ||
2016-2017 school year prior to any adjustments and | ||
specified appropriation amounts described in this | ||
paragraph (1) from the following Sections, as calculated | ||
by the State Superintendent: Section 18-8.05 of this Code | ||
(now repealed); Section 5 of Article 224 of Public Act | ||
99-524 (equity grants); Section 14-7.02b of this Code | ||
(funding for children requiring special education | ||
services); Section 14-13.01 of this Code (special | ||
education facilities and staffing), except for | ||
reimbursement of the cost of transportation pursuant to | ||
Section 14-13.01; Section 14C-12 of this Code (English | ||
learners); and Section 18-4.3 of this Code (summer | ||
school), based on an appropriation level of $13,121,600. | ||
For a school district organized under Article 34 of this | ||
Code, the Base Funding Minimum also includes (i) the funds |
allocated to the school district pursuant to Section 1D-1 | ||
of this Code attributable to funding programs authorized | ||
by the Sections of this Code listed in the preceding | ||
sentence and (ii) the difference between (I) the funds | ||
allocated to the school district pursuant to Section 1D-1 | ||
of this Code attributable to the funding programs | ||
authorized by Section 14-7.02 (non-public special | ||
education reimbursement), subsection (b) of Section | ||
14-13.01 (special education transportation), Section 29-5 | ||
(transportation), Section 2-3.80 (agricultural | ||
education), Section 2-3.66 (truants' alternative | ||
education), Section 2-3.62 (educational service centers), | ||
and Section 14-7.03 (special education - orphanage) of | ||
this Code and Section 15 of the Childhood Hunger Relief | ||
Act (free breakfast program) and (II) the school | ||
district's actual expenditures for its non-public special | ||
education, special education transportation, | ||
transportation programs, agricultural education, truants' | ||
alternative education, services that would otherwise be | ||
performed by a regional office of education, special | ||
education orphanage expenditures, and free breakfast, as | ||
most recently calculated and reported pursuant to | ||
subsection (f) of Section 1D-1 of this Code. The Base | ||
Funding Minimum for Glenwood Academy shall be $625,500. | ||
For programs operated by a regional office of education or | ||
an intermediate service center, the Base Funding Minimum |
must be the total amount of State funds allocated to those | ||
programs in the 2018-2019 school year and amounts provided | ||
pursuant to Article 34 of Public Act 100-586 and Section | ||
3-16 of this Code. All programs established after June 5, | ||
2019 (the effective date of Public Act 101-10) and | ||
administered by a regional office of education or an | ||
intermediate service center must have an initial Base | ||
Funding Minimum set to an amount equal to the first-year | ||
ASE multiplied by the amount of per pupil funding received | ||
in the previous school year by the lowest funded similar | ||
existing program type. If the enrollment for a program | ||
operated by a regional office of education or an | ||
intermediate service center is zero, then it may not | ||
receive Base Funding Minimum funds for that program in the | ||
next fiscal year, and those funds must be distributed to | ||
Organizational Units under subsection (g). | ||
(2) For the 2018-2019 and subsequent school years, the | ||
Base Funding Minimum of Organizational Units and Specially | ||
Funded Units shall be the sum of (i) the amount of | ||
Evidence-Based Funding for the prior school year, (ii) the | ||
Base Funding Minimum for the prior school year, and (iii) | ||
any amount received by a school district pursuant to | ||
Section 7 of Article 97 of Public Act 100-21. | ||
(3) Subject to approval by the General Assembly as | ||
provided in this paragraph (3), an Organizational Unit | ||
that meets all of the following criteria, as determined by |
the State Board, shall have District Intervention Money | ||
added to its Base Funding Minimum at the time the Base | ||
Funding Minimum is calculated by the State Board: | ||
(A) The Organizational Unit is operating under an | ||
Independent Authority under Section 2-3.25f-5 of this | ||
Code for a minimum of 4 school years or is subject to | ||
the control of the State Board pursuant to a court | ||
order for a minimum of 4 school years. | ||
(B) The Organizational Unit was designated as a | ||
Tier 1 or Tier 2 Organizational Unit in the previous | ||
school year under paragraph (3) of subsection (g) of | ||
this Section. | ||
(C) The Organizational Unit demonstrates | ||
sustainability through a 5-year financial and | ||
strategic plan. | ||
(D) The Organizational Unit has made sufficient | ||
progress and achieved sufficient stability in the | ||
areas of governance, academic growth, and finances. | ||
As part of its determination under this paragraph (3), | ||
the State Board may consider the Organizational Unit's | ||
summative designation, any accreditations of the | ||
Organizational Unit, or the Organizational Unit's | ||
financial profile, as calculated by the State Board. | ||
If the State Board determines that an Organizational | ||
Unit has met the criteria set forth in this paragraph (3), | ||
it must submit a report to the General Assembly, no later |
than January 2 of the fiscal year in which the State Board | ||
makes it determination, on the amount of District | ||
Intervention Money to add to the Organizational Unit's | ||
Base Funding Minimum. The General Assembly must review the | ||
State Board's report and may approve or disapprove, by | ||
joint resolution, the addition of District Intervention | ||
Money. If the General Assembly fails to act on the report | ||
within 40 calendar days from the receipt of the report, | ||
the addition of District Intervention Money is deemed | ||
approved. If the General Assembly approves the amount of | ||
District Intervention Money to be added to the | ||
Organizational Unit's Base Funding Minimum, the District | ||
Intervention Money must be added to the Base Funding | ||
Minimum annually thereafter. | ||
For the first 4 years following the initial year that | ||
the State Board determines that an Organizational Unit has | ||
met the criteria set forth in this paragraph (3) and has | ||
received funding under this Section, the Organizational | ||
Unit must annually submit to the State Board, on or before | ||
November 30, a progress report regarding its financial and | ||
strategic plan under subparagraph (C) of this paragraph | ||
(3). The plan shall include the financial data from the | ||
past 4 annual financial reports or financial audits that | ||
must be presented to the State Board by November 15 of each | ||
year and the approved budget financial data for the | ||
current year. The plan shall be developed according to the |
guidelines presented to the Organizational Unit by the | ||
State Board. The plan shall further include financial | ||
projections for the next 3 fiscal years and include a | ||
discussion and financial summary of the Organizational | ||
Unit's facility needs. If the Organizational Unit does not | ||
demonstrate sufficient progress toward its 5-year plan or | ||
if it has failed to file an annual financial report, an | ||
annual budget, a financial plan, a deficit reduction plan, | ||
or other financial information as required by law, the | ||
State Board may establish a Financial Oversight Panel | ||
under Article 1H of this Code. However, if the | ||
Organizational Unit already has a Financial Oversight | ||
Panel, the State Board may extend the duration of the | ||
Panel. | ||
(f) Percent of Adequacy and Final Resources calculation. | ||
(1) The Evidence-Based Funding formula establishes a | ||
Percent of Adequacy for each Organizational Unit in order | ||
to place such units into tiers for the purposes of the | ||
funding distribution system described in subsection (g) of | ||
this Section. Initially, an Organizational Unit's | ||
Preliminary Resources and Preliminary Percent of Adequacy | ||
are calculated pursuant to paragraph (2) of this | ||
subsection (f). Then, an Organizational Unit's Final | ||
Resources and Final Percent of Adequacy are calculated to | ||
account for the Organizational Unit's poverty | ||
concentration levels pursuant to paragraphs (3) and (4) of |
this subsection (f). | ||
(2) An Organizational Unit's Preliminary Resources are | ||
equal to the sum of its Local Capacity Target, CPPRT, and | ||
Base Funding Minimum. An Organizational Unit's Preliminary | ||
Percent of Adequacy is the lesser of (i) its Preliminary | ||
Resources divided by its Adequacy Target or (ii) 100%. | ||
(3) Except for Specially Funded Units, an | ||
Organizational Unit's Final Resources are equal to the sum | ||
of its Local Capacity, CPPRT, and Adjusted Base Funding | ||
Minimum. The Base Funding Minimum of each Specially Funded | ||
Unit shall serve as its Final Resources, except that the | ||
Base Funding Minimum for State-approved charter schools | ||
shall not include any portion of general State aid | ||
allocated in the prior year based on the per capita | ||
tuition charge times the charter school enrollment. | ||
(4) An Organizational Unit's Final Percent of Adequacy | ||
is its Final Resources divided by its Adequacy Target. An | ||
Organizational Unit's Adjusted Base Funding Minimum is | ||
equal to its Base Funding Minimum less its Supplemental | ||
Grant Funding, with the resulting figure added to the | ||
product of its Supplemental Grant Funding and Preliminary | ||
Percent of Adequacy. | ||
(g) Evidence-Based Funding formula distribution system. | ||
(1) In each school year under the Evidence-Based | ||
Funding formula, each Organizational Unit receives funding | ||
equal to the sum of its Base Funding Minimum and the unit's |
allocation of New State Funds determined pursuant to this | ||
subsection (g). To allocate New State Funds, the | ||
Evidence-Based Funding formula distribution system first | ||
places all Organizational Units into one of 4 tiers in | ||
accordance with paragraph (3) of this subsection (g), | ||
based on the Organizational Unit's Final Percent of | ||
Adequacy. New State Funds are allocated to each of the 4 | ||
tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||
all New State Funds, Tier 2 Aggregate Funding equals 49% | ||
of all New State Funds, Tier 3 Aggregate Funding equals | ||
0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||
equals 0.1% of all New State Funds. Each Organizational | ||
Unit within Tier 1 or Tier 2 receives an allocation of New | ||
State Funds equal to its tier Funding Gap, as defined in | ||
the following sentence, multiplied by the tier's | ||
Allocation Rate determined pursuant to paragraph (4) of | ||
this subsection (g). For Tier 1, an Organizational Unit's | ||
Funding Gap equals the tier's Target Ratio, as specified | ||
in paragraph (5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final | ||
Resources. For Tier 2, an Organizational Unit's Funding | ||
Gap equals the tier's Target Ratio, as described in | ||
paragraph (5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final |
Resources and its Tier 1 funding allocation. To determine | ||
the Organizational Unit's Funding Gap, the resulting | ||
amount is then multiplied by a factor equal to one minus | ||
the Organizational Unit's Local Capacity Target | ||
percentage. Each Organizational Unit within Tier 3 or Tier | ||
4 receives an allocation of New State Funds equal to the | ||
product of its Adequacy Target and the tier's Allocation | ||
Rate, as specified in paragraph (4) of this subsection | ||
(g). | ||
(2) To ensure equitable distribution of dollars for | ||
all Tier 2 Organizational Units, no Tier 2 Organizational | ||
Unit shall receive fewer dollars per ASE than any Tier 3 | ||
Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||
Unit shall have its funding allocation divided by its ASE. | ||
Any Tier 2 Organizational Unit with a funding allocation | ||
per ASE below the greatest Tier 3 allocation per ASE shall | ||
get a funding allocation equal to the greatest Tier 3 | ||
funding allocation per ASE multiplied by the | ||
Organizational Unit's ASE. Each Tier 2 Organizational | ||
Unit's Tier 2 funding allocation shall be multiplied by | ||
the percentage calculated by dividing the original Tier 2 | ||
Aggregate Funding by the sum of all Tier 2 Organizational | ||
Units' Tier 2 funding allocation after adjusting | ||
districts' funding below Tier 3 levels. | ||
(3) Organizational Units are placed into one of 4 | ||
tiers as follows: |
(A) Tier 1 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||
Target Ratio is the ratio level that allows for Tier 1 | ||
Aggregate Funding to be distributed, with the Tier 1 | ||
Allocation Rate determined pursuant to paragraph (4) | ||
of this subsection (g). | ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
other Organizational Units, except for Specially | ||
Funded Units, with a Percent of Adequacy of less than | ||
0.90. | ||
(C) Tier 3 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy of at least 0.90 and less than 1.0. | ||
(D) Tier 4 consists of all Organizational Units | ||
with a Percent of Adequacy of at least 1.0. | ||
(4) The Allocation Rates for Tiers 1 through 4 are | ||
determined as follows: | ||
(A) The Tier 1 Allocation Rate is 30%. | ||
(B) The Tier 2 Allocation Rate is the result of the | ||
following equation: Tier 2 Aggregate Funding, divided | ||
by the sum of the Funding Gaps for all Tier 2 | ||
Organizational Units, unless the result of such | ||
equation is higher than 1.0. If the result of such | ||
equation is higher than 1.0, then the Tier 2 | ||
Allocation Rate is 1.0. |
(C) The Tier 3 Allocation Rate is the result of the | ||
following equation: Tier 3
Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 3 | ||
Organizational
Units. | ||
(D) The Tier 4 Allocation Rate is the result of the | ||
following equation: Tier 4
Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 4 | ||
Organizational
Units. | ||
(5) A tier's Target Ratio is determined as follows: | ||
(A) The Tier 1 Target Ratio is the ratio level that | ||
allows for Tier 1 Aggregate Funding to be distributed | ||
with the Tier 1 Allocation Rate. | ||
(B) The Tier 2 Target Ratio is 0.90. | ||
(C) The Tier 3 Target Ratio is 1.0. | ||
(6) If, at any point, the Tier 1 Target Ratio is | ||
greater than 90%, then than all Tier 1 funding shall be | ||
allocated to Tier 2 and no Tier 1 Organizational Unit's | ||
funding may be identified. | ||
(7) In the event that all Tier 2 Organizational Units | ||
receive funding at the Tier 2 Target Ratio level, any | ||
remaining New State Funds shall be allocated to Tier 3 and | ||
Tier 4 Organizational Units. | ||
(8) If any Specially Funded Units, excluding Glenwood | ||
Academy, recognized by the State Board do not qualify for | ||
direct funding following the implementation of Public Act | ||
100-465 from any of the funding sources included within |
the definition of Base Funding Minimum, the unqualified | ||
portion of the Base Funding Minimum shall be transferred | ||
to one or more appropriate Organizational Units as | ||
determined by the State Superintendent based on the prior | ||
year ASE of the Organizational Units. | ||
(8.5) If a school district withdraws from a special | ||
education cooperative, the portion of the Base Funding | ||
Minimum that is attributable to the school district may be | ||
redistributed to the school district upon withdrawal. The | ||
school district and the cooperative must include the | ||
amount of the Base Funding Minimum that is to be | ||
reapportioned in their withdrawal agreement and notify the | ||
State Board of the change with a copy of the agreement upon | ||
withdrawal. | ||
(9) The Minimum Funding Level is intended to establish | ||
a target for State funding that will keep pace with | ||
inflation and continue to advance equity through the | ||
Evidence-Based Funding formula. The target for State | ||
funding of New Property Tax Relief Pool Funds is | ||
$50,000,000 for State fiscal year 2019 and subsequent | ||
State fiscal years. The Minimum Funding Level is equal to | ||
$350,000,000. In addition to any New State Funds, no more | ||
than $50,000,000 New Property Tax Relief Pool Funds may be | ||
counted toward the Minimum Funding Level. If the sum of | ||
New State Funds and applicable New Property Tax Relief | ||
Pool Funds are less than the Minimum Funding Level, than |
funding for tiers shall be reduced in the following | ||
manner: | ||
(A) First, Tier 4 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds until such time as | ||
Tier 4 funding is exhausted. | ||
(B) Next, Tier 3 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 funding until such time as Tier 3 funding is | ||
exhausted. | ||
(C) Next, Tier 2 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 and Tier 3. | ||
(D) Finally, Tier 1 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding level and New State Funds and the reduction in | ||
Tier 2, 3, and 4 funding. In addition, the Allocation | ||
Rate for Tier 1 shall be reduced to a percentage equal | ||
to the Tier 1 Allocation Rate set by paragraph (4) of | ||
this subsection (g), multiplied by the result of New | ||
State Funds divided by the Minimum Funding Level. | ||
(9.5) For State fiscal year 2019 and subsequent State | ||
fiscal years, if New State Funds exceed $300,000,000, then | ||
any amount in excess of $300,000,000 shall be dedicated |
for purposes of Section 2-3.170 of this Code up to a | ||
maximum of $50,000,000. | ||
(10) In the event of a decrease in the amount of the | ||
appropriation for this Section in any fiscal year after | ||
implementation of this Section, the Organizational Units | ||
receiving Tier 1 and Tier 2 funding, as determined under | ||
paragraph (3) of this subsection (g), shall be held | ||
harmless by establishing a Base Funding Guarantee equal to | ||
the per pupil kindergarten through grade 12 funding | ||
received in accordance with this Section in the prior | ||
fiscal year. Reductions shall be
made to the Base Funding | ||
Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||
per pupil basis equivalent to the total number of the ASE | ||
in Tier 3-funded and Tier 4-funded Organizational Units | ||
divided by the total reduction in State funding. The Base
| ||
Funding Minimum as reduced shall continue to be applied to | ||
Tier 3 and Tier 4
Organizational Units and adjusted by the | ||
relative formula when increases in
appropriations for this | ||
Section resume. In no event may State funding reductions | ||
to
Organizational Units in Tier 3 or Tier 4 exceed an | ||
amount that would be less than the
Base Funding Minimum | ||
established in the first year of implementation of this
| ||
Section. If additional reductions are required, all school | ||
districts shall receive a
reduction by a per pupil amount | ||
equal to the aggregate additional appropriation
reduction | ||
divided by the total ASE of all Organizational Units. |
(11) The State Superintendent shall make minor | ||
adjustments to the distribution formula set forth in this | ||
subsection (g) to account for the rounding of percentages | ||
to the nearest tenth of a percentage and dollar amounts to | ||
the nearest whole dollar. | ||
(h) State Superintendent administration of funding and | ||
district submission requirements. | ||
(1) The State Superintendent shall, in accordance with | ||
appropriations made by the General Assembly, meet the | ||
funding obligations created under this Section. | ||
(2) The State Superintendent shall calculate the | ||
Adequacy Target for each Organizational Unit and Net State | ||
Contribution Target for each Organizational Unit under | ||
this Section. No Evidence-Based Funding shall be | ||
distributed within an Organizational Unit without the | ||
approval of the unit's school board. | ||
(3) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the unit's | ||
aggregate financial adequacy amount, which shall be the | ||
sum of the Adequacy Target for each Organizational Unit. | ||
The State Superintendent shall calculate and report | ||
separately for each Organizational Unit the unit's total | ||
State funds allocated for its students with disabilities. | ||
The State Superintendent shall calculate and report | ||
separately for each Organizational Unit the amount of | ||
funding and applicable FTE calculated for each Essential |
Element of the unit's Adequacy Target. | ||
(4) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the amount the unit | ||
must expend on special education and bilingual education | ||
and computer technology and equipment for Organizational | ||
Units assigned to Tier 1 or Tier 2 that received an | ||
additional $285.50 per student computer technology and | ||
equipment investment grant to their Adequacy Target | ||
pursuant to the unit's Base Funding Minimum, Special | ||
Education Allocation, Bilingual Education Allocation, and | ||
computer technology and equipment investment allocation. | ||
(5) Moneys distributed under this Section shall be | ||
calculated on a school year basis, but paid on a fiscal | ||
year basis, with payments beginning in August and | ||
extending through June. Unless otherwise provided, the | ||
moneys appropriated for each fiscal year shall be | ||
distributed in 22 equal payments at least 2 times monthly | ||
to each Organizational Unit. If moneys appropriated for | ||
any fiscal year are distributed other than monthly, the | ||
distribution shall be on the same basis for each | ||
Organizational Unit. | ||
(6) Any school district that fails, for any given | ||
school year, to maintain school as required by law or to | ||
maintain a recognized school is not eligible to receive | ||
Evidence-Based Funding. In case of non-recognition of one | ||
or more attendance centers in a school district otherwise |
operating recognized schools, the claim of the district | ||
shall be reduced in the proportion that the enrollment in | ||
the attendance center or centers bears to the enrollment | ||
of the school district. "Recognized school" means any | ||
public school that meets the standards for recognition by | ||
the State Board. A school district or attendance center | ||
not having recognition status at the end of a school term | ||
is entitled to receive State aid payments due upon a legal | ||
claim that was filed while it was recognized. | ||
(7) School district claims filed under this Section | ||
are subject to Sections 18-9 and 18-12 of this Code, | ||
except as otherwise provided in this Section. | ||
(8) Each fiscal year, the State Superintendent shall | ||
calculate for each Organizational Unit an amount of its | ||
Base Funding Minimum and Evidence-Based Funding that shall | ||
be deemed attributable to the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, in a manner that ensures compliance | ||
with maintenance of State financial support requirements | ||
under the federal Individuals with Disabilities Education | ||
Act. An Organizational Unit must use such funds only for | ||
the provision of special educational facilities and | ||
services, as defined in Section 14-1.08 of this Code, and | ||
must comply with any expenditure verification procedures | ||
adopted by the State Board. | ||
(9) All Organizational Units in this State must submit |
annual spending plans by the end of September of each year | ||
to the State Board as part of the annual budget process, | ||
which shall describe how each Organizational Unit will | ||
utilize the Base Funding Minimum and Evidence-Based | ||
Funding it receives from this State under this Section | ||
with specific identification of the intended utilization | ||
of Low-Income, English learner, and special education | ||
resources. Additionally, the annual spending plans of each | ||
Organizational Unit shall describe how the Organizational | ||
Unit expects to achieve student growth and how the | ||
Organizational Unit will achieve State education goals, as | ||
defined by the State Board. The State Superintendent may, | ||
from time to time, identify additional requisites for | ||
Organizational Units to satisfy when compiling the annual | ||
spending plans required under this subsection (h). The | ||
format and scope of annual spending plans shall be | ||
developed by the State Superintendent and the State Board | ||
of Education. School districts that serve students under | ||
Article 14C of this Code shall continue to submit | ||
information as required under Section 14C-12 of this Code. | ||
(10) No later than January 1, 2018, the State | ||
Superintendent shall develop a 5-year strategic plan for | ||
all Organizational Units to help in planning for adequacy | ||
funding under this Section. The State Superintendent shall | ||
submit the plan to the Governor and the General Assembly, | ||
as provided in Section 3.1 of the General Assembly |
Organization Act. The plan shall include recommendations | ||
for: | ||
(A) a framework for collaborative, professional, | ||
innovative, and 21st century learning environments | ||
using the Evidence-Based Funding model; | ||
(B) ways to prepare and support this State's | ||
educators for successful instructional careers; | ||
(C) application and enhancement of the current | ||
financial accountability measures, the approved State | ||
plan to comply with the federal Every Student Succeeds | ||
Act, and the Illinois Balanced Accountability Measures | ||
in relation to student growth and elements of the | ||
Evidence-Based Funding model; and | ||
(D) implementation of an effective school adequacy | ||
funding system based on projected and recommended | ||
funding levels from the General Assembly. | ||
(11) On an annual basis, the State Superintendent
must | ||
recalibrate all of the following per pupil elements of the | ||
Adequacy Target and applied to the formulas, based on the | ||
study of average expenses and as reported in the most | ||
recent annual financial report: | ||
(A) Gifted under subparagraph (M) of paragraph
(2) | ||
of subsection (b). | ||
(B) Instructional materials under subparagraph
(O) | ||
of paragraph (2) of subsection (b). | ||
(C) Assessment under subparagraph (P) of
paragraph |
(2) of subsection (b). | ||
(D) Student activities under subparagraph (R) of
| ||
paragraph (2) of subsection (b). | ||
(E) Maintenance and operations under subparagraph
| ||
(S) of paragraph (2) of subsection (b). | ||
(F) Central office under subparagraph (T) of
| ||
paragraph (2) of subsection (b). | ||
(i) Professional Review Panel. | ||
(1) A Professional Review Panel is created to study | ||
and review topics related to the implementation and effect | ||
of Evidence-Based Funding, as assigned by a joint | ||
resolution or Public Act of the General Assembly or a | ||
motion passed by the State Board of Education. The Panel | ||
must provide recommendations to and serve the Governor, | ||
the General Assembly, and the State Board. The State | ||
Superintendent or his or her designee must serve as a | ||
voting member and chairperson of the Panel. The State | ||
Superintendent must appoint a vice chairperson from the | ||
membership of the Panel. The Panel must advance | ||
recommendations based on a three-fifths majority vote of | ||
Panel members present and voting. A minority opinion may | ||
also accompany any recommendation of the Panel. The Panel | ||
shall be appointed by the State Superintendent, except as | ||
otherwise provided in paragraph (2) of this subsection (i) | ||
and include the following members: | ||
(A) Two appointees that represent district |
superintendents, recommended by a statewide | ||
organization that represents district superintendents. | ||
(B) Two appointees that represent school boards, | ||
recommended by a statewide organization that | ||
represents school boards. | ||
(C) Two appointees from districts that represent | ||
school business officials, recommended by a statewide | ||
organization that represents school business | ||
officials. | ||
(D) Two appointees that represent school | ||
principals, recommended by a statewide organization | ||
that represents school principals. | ||
(E) Two appointees that represent teachers, | ||
recommended by a statewide organization that | ||
represents teachers. | ||
(F) Two appointees that represent teachers, | ||
recommended by another statewide organization that | ||
represents teachers. | ||
(G) Two appointees that represent regional | ||
superintendents of schools, recommended by | ||
organizations that represent regional superintendents. | ||
(H) Two independent experts selected solely by the | ||
State Superintendent. | ||
(I) Two independent experts recommended by public | ||
universities in this State. | ||
(J) One member recommended by a statewide |
organization that represents parents. | ||
(K) Two representatives recommended by collective | ||
impact organizations that represent major metropolitan | ||
areas or geographic areas in Illinois. | ||
(L) One member from a statewide organization | ||
focused on research-based education policy to support | ||
a school system that prepares all students for | ||
college, a career, and democratic citizenship. | ||
(M) One representative from a school district | ||
organized under Article 34 of this Code. | ||
The State Superintendent shall ensure that the | ||
membership of the Panel includes representatives from | ||
school districts and communities reflecting the | ||
geographic, socio-economic, racial, and ethnic diversity | ||
of this State. The State Superintendent shall additionally | ||
ensure that the membership of the Panel includes | ||
representatives with expertise in bilingual education and | ||
special education. Staff from the State Board shall staff | ||
the Panel. | ||
(2) In addition to those Panel members appointed by | ||
the State Superintendent, 4 members of the General | ||
Assembly shall be appointed as follows: one member of the | ||
House of Representatives appointed by the Speaker of the | ||
House of Representatives, one member of the Senate | ||
appointed by the President of the Senate, one member of | ||
the House of Representatives appointed by the Minority |
Leader of the House of Representatives, and one member of | ||
the Senate appointed by the Minority Leader of the Senate. | ||
There shall be one additional member appointed by the | ||
Governor. All members appointed by legislative leaders or | ||
the Governor shall be non-voting, ex officio members. | ||
(3) The Panel must study topics at the direction of | ||
the General Assembly or State Board of Education, as | ||
provided under paragraph (1). The Panel may also study the | ||
following topics at the direction of the chairperson: | ||
(A) The format and scope of annual spending plans | ||
referenced in paragraph (9) of subsection (h) of this | ||
Section. | ||
(B) The Comparable Wage Index under this Section. | ||
(C) Maintenance and operations, including capital | ||
maintenance and construction costs. | ||
(D) "At-risk student" definition. | ||
(E) Benefits. | ||
(F) Technology. | ||
(G) Local Capacity Target. | ||
(H) Funding for Alternative Schools, Laboratory | ||
Schools, safe schools, and alternative learning | ||
opportunities programs. | ||
(I) Funding for college and career acceleration | ||
strategies. | ||
(J) Special education investments. | ||
(K) Early childhood investments, in collaboration |
with the Illinois Early Learning Council. | ||
(4) (Blank). | ||
(5) Within 5 years after the implementation of this | ||
Section, and every 5 years thereafter, the Panel shall | ||
complete an evaluative study of the entire Evidence-Based | ||
Funding model, including an assessment of whether or not | ||
the formula is achieving State goals. The Panel shall | ||
report to the State Board, the General Assembly, and the | ||
Governor on the findings of the study. | ||
(6) (Blank). | ||
(j) References. Beginning July 1, 2017, references in | ||
other laws to general State aid funds or calculations under | ||
Section 18-8.05 of this Code (now repealed) shall be deemed to | ||
be references to evidence-based model formula funds or | ||
calculations under this Section.
| ||
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | ||
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff. | ||
6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.) | ||
(105 ILCS 5/22-88) | ||
Sec. 22-88 22-85 . Parental notification of law enforcement | ||
detainment and questioning on school grounds. | ||
(a) In this Section, "school grounds" means the real | ||
property comprising an active and operational elementary or | ||
secondary school during the regular hours in which school is | ||
in session and when students are present. |
(b) Before detaining and questioning a student on school | ||
grounds who is under 18 years of age and who is suspected of | ||
committing a criminal act, a law enforcement officer, a school | ||
resource officer, or other school security personnel must do | ||
all of the following: | ||
(1) Ensure that notification or attempted notification | ||
of the student's parent or guardian is made. | ||
(2) Document the time and manner in which the | ||
notification or attempted notification under paragraph (1) | ||
occurred. | ||
(3) Make reasonable efforts to ensure that the | ||
student's parent or guardian is present during the | ||
questioning or, if the parent or guardian is not present, | ||
ensure that school personnel, including, but not limited | ||
to, a school social worker, a school psychologist, a | ||
school nurse, a school guidance counselor, or any other | ||
mental health professional, are present during the | ||
questioning. | ||
(4) If practicable, make reasonable efforts to ensure | ||
that a law enforcement officer trained in promoting safe | ||
interactions and communications with youth is present | ||
during the questioning. An officer who received training | ||
in youth investigations approved or certified by his or | ||
her law enforcement agency or under Section 10.22 of the | ||
Police Training Act or a juvenile police officer, as | ||
defined under Section 1-3 of the Juvenile Court Act of |
1987, satisfies the requirement under this paragraph. | ||
(c) This Section does not limit the authority of a law | ||
enforcement officer to make an arrest on school grounds. This | ||
Section does not apply to circumstances that would cause a | ||
reasonable person to believe that urgent and immediate action | ||
is necessary to do any of the following: | ||
(1) Prevent bodily harm or injury to the student or | ||
any other person. | ||
(2) Apprehend an armed or fleeing suspect. | ||
(3) Prevent the destruction of evidence. | ||
(4) Address an emergency or other dangerous situation.
| ||
(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.) | ||
(105 ILCS 5/27-23.7) | ||
Sec. 27-23.7. Bullying prevention. | ||
(a) The General Assembly finds that a safe and civil | ||
school environment is necessary for students to learn and | ||
achieve and that bullying causes physical, psychological, and | ||
emotional harm to students and interferes with students' | ||
ability to learn and participate in school activities. The | ||
General Assembly further finds that bullying has been linked | ||
to other forms of antisocial behavior, such as vandalism, | ||
shoplifting, skipping and dropping out of school, fighting, | ||
using drugs and alcohol, sexual harassment, and sexual | ||
violence. Because of the negative outcomes associated with | ||
bullying in schools, the General Assembly finds that school |
districts, charter schools, and non-public, non-sectarian | ||
elementary and secondary schools should educate students, | ||
parents, and school district, charter school, or non-public, | ||
non-sectarian elementary or secondary school personnel about | ||
what behaviors constitute prohibited bullying. | ||
Bullying on the basis of actual or perceived race, color, | ||
religion, sex, national origin, ancestry, age, marital status, | ||
physical or mental disability, military status, sexual | ||
orientation, gender-related identity or expression, | ||
unfavorable discharge from military service, association with | ||
a person or group with one or more of the aforementioned actual | ||
or perceived characteristics, or any other distinguishing | ||
characteristic is prohibited in all school districts, charter | ||
schools, and non-public, non-sectarian elementary and | ||
secondary schools.
No student shall be subjected to bullying: | ||
(1) during any school-sponsored education program or | ||
activity; | ||
(2) while in school, on school property, on school | ||
buses or other school vehicles, at designated school bus | ||
stops waiting for the school bus, or at school-sponsored | ||
or school-sanctioned events or activities; | ||
(3) through the transmission of information from a | ||
school computer, a school computer network, or other | ||
similar electronic school equipment; or | ||
(4) through the transmission of information from a | ||
computer that is accessed at a nonschool-related location, |
activity, function, or program or from the use of | ||
technology or an electronic device that is not owned, | ||
leased, or used by a school district or school if the | ||
bullying causes a substantial disruption to the | ||
educational process or orderly operation of a school. This | ||
item (4) applies only in cases in which a school | ||
administrator or teacher receives a report that bullying | ||
through this means has occurred and does not require a | ||
district or school to staff or monitor any | ||
nonschool-related activity, function, or program. | ||
(a-5) Nothing in this Section is intended to infringe upon | ||
any right to exercise free expression or the free exercise of | ||
religion or religiously based views protected under the First | ||
Amendment to the United States Constitution or under Section 3 | ||
of Article I of the Illinois Constitution. | ||
(b) In this Section:
| ||
"Bullying" includes "cyber-bullying" and means any severe | ||
or pervasive physical or verbal act or conduct, including | ||
communications made in writing or electronically, directed | ||
toward a student or students that has or can be reasonably | ||
predicted to have the effect of one or more of the following: | ||
(1) placing the student or students in reasonable fear | ||
of harm to the student's or students' person or property; | ||
(2) causing a substantially detrimental effect on the | ||
student's or students' physical or mental health; | ||
(3) substantially interfering with the student's or |
students' academic performance; or | ||
(4) substantially interfering with the student's or | ||
students' ability to participate in or benefit from the | ||
services, activities, or privileges provided by a school. | ||
Bullying, as defined in this subsection (b), may take | ||
various forms, including without limitation one or more of the | ||
following: harassment, threats, intimidation, stalking, | ||
physical violence, sexual harassment, sexual violence, theft, | ||
public humiliation, destruction of property, or retaliation | ||
for asserting or alleging an act of bullying. This list is | ||
meant to be illustrative and non-exhaustive. | ||
"Cyber-bullying" means bullying through the use of | ||
technology or any electronic communication, including without | ||
limitation any transfer of signs, signals, writing, images, | ||
sounds, data, or intelligence of any nature transmitted in | ||
whole or in part by a wire, radio, electromagnetic system, | ||
photoelectronic system, or photooptical system, including | ||
without limitation electronic mail, Internet communications, | ||
instant messages, or facsimile communications. | ||
"Cyber-bullying" includes the creation of a webpage or weblog | ||
in which the creator assumes the identity of another person or | ||
the knowing impersonation of another person as the author of | ||
posted content or messages if the creation or impersonation | ||
creates any of the effects enumerated in the definition of | ||
bullying in this Section. "Cyber-bullying" also includes the | ||
distribution by electronic means of a communication to more |
than one person or the posting of material on an electronic | ||
medium that may be accessed by one or more persons if the | ||
distribution or posting creates any of the effects enumerated | ||
in the definition of bullying in this Section. | ||
"Policy on bullying" means a bullying prevention policy | ||
that meets the following criteria: | ||
(1) Includes the bullying definition provided in this | ||
Section. | ||
(2) Includes a statement that bullying is contrary to | ||
State law and the policy of the school district, charter | ||
school, or non-public, non-sectarian elementary or | ||
secondary school and is consistent with subsection (a-5) | ||
of this Section. | ||
(3) Includes procedures for promptly reporting | ||
bullying, including, but not limited to, identifying and | ||
providing the school e-mail address (if applicable) and | ||
school telephone number for the staff person or persons | ||
responsible for receiving such reports and a procedure for | ||
anonymous reporting; however, this shall not be construed | ||
to permit formal disciplinary action solely on the basis | ||
of an anonymous report. | ||
(4) Consistent with federal and State laws and rules | ||
governing student privacy rights, includes procedures for | ||
promptly informing parents or guardians of all students | ||
involved in the alleged incident of bullying and | ||
discussing, as appropriate, the availability of social |
work services, counseling, school psychological services, | ||
other interventions, and restorative measures. | ||
(5) Contains procedures for promptly investigating and | ||
addressing reports of bullying, including the following: | ||
(A) Making all reasonable efforts to complete the | ||
investigation within 10 school days after the date the | ||
report of the incident of bullying was received and | ||
taking into consideration additional relevant | ||
information received during the course of the | ||
investigation about the reported incident of bullying. | ||
(B) Involving appropriate school support personnel | ||
and other staff persons with knowledge, experience, | ||
and training on bullying prevention, as deemed | ||
appropriate, in the investigation process. | ||
(C) Notifying the principal or school | ||
administrator or his or her designee of the report of | ||
the incident of bullying as soon as possible after the | ||
report is received. | ||
(D) Consistent with federal and State laws and | ||
rules governing student privacy rights, providing | ||
parents and guardians of the students who are parties | ||
to the investigation information about the | ||
investigation and an opportunity to meet with the | ||
principal or school administrator or his or her | ||
designee to discuss the investigation, the findings of | ||
the investigation, and the actions taken to address |
the reported incident of bullying. | ||
(6) Includes the interventions that can be taken to | ||
address bullying, which may include, but are not limited | ||
to, school social work services, restorative measures, | ||
social-emotional skill building, counseling, school | ||
psychological services, and community-based services. | ||
(7) Includes a statement prohibiting reprisal or | ||
retaliation against any person who reports an act of | ||
bullying and the consequences and appropriate remedial | ||
actions for a person who engages in reprisal or | ||
retaliation. | ||
(8) Includes consequences and appropriate remedial | ||
actions for a person found to have falsely accused another | ||
of bullying as a means of retaliation or as a means of | ||
bullying. | ||
(9) Is based on the engagement of a range of school | ||
stakeholders, including students and parents or guardians. | ||
(10) Is posted on the school district's, charter
| ||
school's, or non-public, non-sectarian elementary or
| ||
secondary school's existing Internet website, is
included | ||
in the student handbook, and, where applicable,
posted | ||
where other policies, rules, and standards of
conduct are | ||
currently posted in the school and provided periodically | ||
throughout the school year to students and faculty, and is
| ||
distributed annually to parents, guardians, students, and
| ||
school personnel, including new employees when hired. |
(11) As part of the process of reviewing and | ||
re-evaluating the policy under subsection (d) of this | ||
Section, contains a policy evaluation process to assess | ||
the outcomes and effectiveness of the policy that | ||
includes, but is not limited to, factors such as the | ||
frequency of victimization; student, staff, and family | ||
observations of safety at a school; identification of | ||
areas of a school where bullying occurs; the types of | ||
bullying utilized; and bystander intervention or | ||
participation. The school district, charter school, or | ||
non-public, non-sectarian elementary or secondary school | ||
may use relevant data and information it already collects | ||
for other purposes in the policy evaluation. The | ||
information developed as a result of the policy evaluation | ||
must be made available on the Internet website of the | ||
school district, charter school, or non-public, | ||
non-sectarian elementary or secondary school. If an | ||
Internet website is not available, the information must be | ||
provided to school administrators, school board members, | ||
school personnel, parents, guardians, and students. | ||
(12) Is consistent with the policies of the school | ||
board, charter school, or non-public, non-sectarian | ||
elementary or secondary school. | ||
"Restorative measures" means a continuum of school-based | ||
alternatives to exclusionary discipline, such as suspensions | ||
and expulsions, that: (i) are adapted to the particular needs |
of the school and community, (ii) contribute to maintaining | ||
school safety, (iii) protect the integrity of a positive and | ||
productive learning climate, (iv) teach students the personal | ||
and interpersonal skills they will need to be successful in | ||
school and society, (v) serve to build and restore | ||
relationships among students, families, schools, and | ||
communities, and (vi) reduce the likelihood of future | ||
disruption by balancing accountability with an understanding | ||
of students' behavioral health needs in order to keep students | ||
in school. | ||
"School personnel" means persons employed by, on contract | ||
with, or who volunteer in a school district, charter school, | ||
or non-public, non-sectarian elementary or secondary school, | ||
including without limitation school and school district | ||
administrators, teachers, school guidance counselors, school | ||
social workers, school counselors, school psychologists, | ||
school nurses, cafeteria workers, custodians, bus drivers, | ||
school resource officers, and security guards. | ||
(c) (Blank).
| ||
(d) Each school district, charter school, and non-public, | ||
non-sectarian elementary or secondary school shall create, | ||
maintain, and implement a policy on bullying, which policy | ||
must be filed with the State Board of Education. The policy or | ||
implementing procedure shall include a process to investigate | ||
whether a reported act of bullying is within the permissible | ||
scope of the district's or school's jurisdiction and shall |
require that the district or school provide the victim with | ||
information regarding services that are available within the | ||
district and community, such as counseling, support services, | ||
and other programs. School personnel available for help with a | ||
bully or to make a report about bullying shall be made known to | ||
parents or legal guardians, students, and school personnel. | ||
Every 2 years, each school district, charter school, and | ||
non-public, non-sectarian elementary or secondary school shall | ||
conduct a review and re-evaluation of its policy and make any | ||
necessary and appropriate revisions. The policy must be filed | ||
with the State Board of Education after being updated. The | ||
State Board of Education shall monitor and provide technical | ||
support for the implementation of policies created under this | ||
subsection (d). | ||
(e) This Section shall not be interpreted to prevent a | ||
victim from seeking redress under any other available civil or | ||
criminal law.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
| ||
(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| ||
Sec. 34-18.8. AIDS training. School guidance counselors, | ||
nurses,
teachers and other school personnel who work with | ||
pupils
may be trained to have a basic knowledge of matters | ||
relating
to acquired immunodeficiency syndrome (AIDS), | ||
including the nature of the
disease, its causes and effects, | ||
the means of detecting it and preventing
its transmission, the |
availability of appropriate sources of counseling and
| ||
referral, and any other information that may be appropriate | ||
considering the
age and grade level of such pupils. The Board | ||
of Education shall supervise
such training. The State Board of | ||
Education and the Department of Public
Health shall jointly | ||
develop standards for such training.
| ||
(Source: P.A. 86-900.)
| ||
Section 10. The Seizure Smart School Act is amended by | ||
changing Section 10 as follows: | ||
(105 ILCS 150/10)
| ||
Sec. 10. Definitions. In this Act: | ||
"Delegated care aide" means a school employee or | ||
paraprofessional who has agreed to receive training in | ||
epilepsy and assist a student in implementing his or her | ||
seizure action plan and who has entered into an agreement with | ||
a parent or guardian of that student. | ||
"School" means any primary or secondary public, charter, | ||
or nonpublic school located in this State. | ||
"School employee" means a person who is employed by a | ||
school district or school as a nurse, principal, | ||
administrator, school guidance counselor, or teacher, a person | ||
who is employed by a local health department and assigned to a | ||
school, or a person who contracts with a school or school | ||
district to perform services in connection with a student's |
seizure action plan. This definition may not be interpreted to | ||
require a school district, charter school, or nonpublic school | ||
to hire additional personnel for the sole purpose of the | ||
personnel to serve as a delegated care aide. | ||
"Seizure action plan" means a document that specifies the | ||
services needed by a student with epilepsy at school and at | ||
school-sponsored activities and delegates to a delegated care | ||
aide the authority to provide and supervise these services.
| ||
(Source: P.A. 101-50, eff. 7-1-20 .) | ||
Section 15. The College and Career Success for All | ||
Students Act is amended by changing Section 20 as follows: | ||
(105 ILCS 302/20)
| ||
Sec. 20. Duties of the State Board. | ||
(a) In order to fulfill the purposes of this Act, the State | ||
Board of Education shall encourage school districts to offer | ||
rigorous courses in grades 6 through 11 that prepare students | ||
for the demands of Advanced Placement course work. The State | ||
Board of Education shall also encourage school districts to | ||
make it a goal that all 10th graders take the Preliminary | ||
SAT/National Merit Scholars Qualifying Test (PSAT/NMSQT) so | ||
that test results will provide each high school with a | ||
database of student assessment data that school guidance | ||
counselors and teachers will be able to use to identify | ||
students who are prepared or who need additional work to be |
prepared to enroll and be successful in Advanced Placement | ||
courses, using a research-based Advanced Placement | ||
identification program provided by the College Board. | ||
(b) The State Board of Education shall do all of the | ||
following: | ||
(1) Seek federal funding through the Advanced | ||
Placement Incentive Program and the Math-Science | ||
Partnership Program and use it to support Advanced | ||
Placement and Pre-Advanced Placement teacher professional | ||
development and to support the implementation of an | ||
integrated instructional program for students in grades 6 | ||
through 12 in reading, writing, and mathematics that | ||
prepares all students for enrollment and success in | ||
Advanced Placement courses and in college. | ||
(2) Focus State and federal funding with the intent to | ||
carry out activities that target school districts serving | ||
high concentrations of low-income students. | ||
(3) Subject to appropriation, provide a plan of | ||
communication that includes without limitation | ||
disseminating to parents materials that emphasize the | ||
importance of Advanced Placement or other advanced courses | ||
to a student's ability to gain access to and to succeed in | ||
postsecondary education and materials that emphasize the | ||
importance of the PSAT/NMSQT, which provides diagnostic | ||
feedback on skills and relates student scores to the | ||
probability of success in Advanced Placement courses and |
examinations, and disseminating this information to | ||
students, teachers, counselors, administrators, school | ||
districts, public community colleges, and State | ||
universities. | ||
(4) Subject to appropriation, annually evaluate the | ||
impact of this Act on rates of student enrollment and | ||
success in Advanced Placement courses, on high school | ||
graduation rates, and on college enrollment rates.
| ||
(Source: P.A. 94-534, eff. 1-1-06.) | ||
Section 20. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-8 and 5-901 as follows:
| ||
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||
Sec. 1-8. Confidentiality and accessibility of juvenile | ||
court records.
| ||
(A) A juvenile adjudication shall never be considered a | ||
conviction nor shall an adjudicated individual be considered a | ||
criminal. Unless expressly allowed by law, a juvenile | ||
adjudication shall not operate to impose upon the individual | ||
any of the civil disabilities ordinarily imposed by or | ||
resulting from conviction. Unless expressly allowed by law, | ||
adjudications shall not prejudice or disqualify the individual | ||
in any civil service application or appointment, from holding | ||
public office, or from receiving any license granted by public | ||
authority. All juvenile court records which have not been |
expunged are sealed and may never be disclosed to the general | ||
public or otherwise made widely available. Sealed juvenile | ||
court records may be obtained only under this Section and | ||
Section 1-7 and Part 9 of Article V of this Act, when their use | ||
is needed for good cause and with an order from the juvenile | ||
court. Inspection and copying of juvenile court records | ||
relating to a minor
who is the subject of a proceeding under | ||
this Act shall be restricted to the
following:
| ||
(1) The minor who is the subject of record, his or her | ||
parents, guardian,
and counsel.
| ||
(2) Law enforcement officers and law enforcement | ||
agencies when such
information is essential to executing | ||
an arrest or search warrant or other
compulsory process, | ||
or to conducting an ongoing investigation
or relating to a | ||
minor who
has been adjudicated delinquent and there has | ||
been a previous finding that
the act which constitutes the | ||
previous offense was committed in furtherance
of criminal | ||
activities by a criminal street gang.
| ||
Before July 1, 1994, for the purposes of this Section, | ||
"criminal street
gang" means any ongoing
organization, | ||
association, or group of 3 or more persons, whether formal | ||
or
informal, having as one of its primary activities the | ||
commission of one or
more criminal acts and that has a | ||
common name or common identifying sign,
symbol or specific | ||
color apparel displayed, and whose members individually
or | ||
collectively engage in or have engaged in a pattern of |
criminal activity.
| ||
Beginning July 1, 1994, for purposes of this Section, | ||
"criminal street
gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act.
| ||
(3) Judges, hearing officers, prosecutors, public | ||
defenders, probation officers, social
workers, or other
| ||
individuals assigned by the court to conduct a | ||
pre-adjudication or pre-disposition
investigation, and | ||
individuals responsible for supervising
or providing | ||
temporary or permanent care and custody for minors under | ||
the order of the juvenile court when essential to | ||
performing their
responsibilities.
| ||
(4) Judges, federal, State, and local prosecutors, | ||
public defenders, probation officers, and designated | ||
staff:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805;
| ||
(b) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
proceeding to
determine the amount of | ||
bail;
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
pre-trial
investigation, pre-sentence |
investigation or fitness hearing, or
proceedings on an | ||
application for probation; or
| ||
(d) when a minor becomes 18 years of age or older, | ||
and is the subject
of criminal proceedings, including | ||
a hearing to determine the amount of
bail, a pre-trial | ||
investigation, a pre-sentence investigation, a fitness
| ||
hearing, or proceedings on an application for | ||
probation.
| ||
(5) Adult and Juvenile Prisoner Review Boards.
| ||
(6) Authorized military personnel.
| ||
(6.5) Employees of the federal government authorized | ||
by law. | ||
(7) Victims, their subrogees and legal | ||
representatives; however, such
persons shall have access | ||
only to the name and address of the minor and
information | ||
pertaining to the disposition or alternative adjustment | ||
plan
of the juvenile court.
| ||
(8) Persons engaged in bona fide research, with the | ||
permission of the
presiding judge of the juvenile court | ||
and the chief executive of the agency
that prepared the | ||
particular records; provided that publication of such
| ||
research results in no disclosure of a minor's identity | ||
and protects the
confidentiality of the record.
| ||
(9) The Secretary of State to whom the Clerk of the | ||
Court shall report
the disposition of all cases, as | ||
required in Section 6-204 of the Illinois
Vehicle Code. |
However, information reported relative to these offenses | ||
shall
be privileged and available only to the Secretary of | ||
State, courts, and police
officers.
| ||
(10) The administrator of a bonafide substance abuse | ||
student
assistance program with the permission of the | ||
presiding judge of the
juvenile court.
| ||
(11) Mental health professionals on behalf of the | ||
Department of
Corrections or the Department of Human | ||
Services or prosecutors who are
evaluating, prosecuting, | ||
or investigating a potential or actual petition
brought
| ||
under the Sexually Violent Persons Commitment Act relating | ||
to a person who is the
subject of
juvenile court records or | ||
the respondent to a petition brought under
the
Sexually | ||
Violent Persons Commitment Act, who is the subject of | ||
juvenile
court records
sought. Any records and any | ||
information obtained from those records under this
| ||
paragraph (11) may be used only in sexually violent | ||
persons commitment
proceedings.
| ||
(12) Collection agencies, contracted or otherwise | ||
engaged by a governmental entity, to collect any debts due | ||
and owing to the governmental entity. | ||
(A-1) Findings and exclusions of paternity entered in | ||
proceedings occurring under Article II of this Act shall be | ||
disclosed, in a manner and form approved by the Presiding | ||
Judge of the Juvenile Court, to the Department of Healthcare | ||
and Family Services when necessary to discharge the duties of |
the Department of Healthcare and Family Services under Article | ||
X of the Illinois Public Aid Code. | ||
(B) A minor who is the victim in a juvenile proceeding | ||
shall be
provided the same confidentiality regarding | ||
disclosure of identity as the
minor who is the subject of | ||
record.
| ||
(C)(0.1) In cases where the records concern a pending | ||
juvenile court case, the requesting party seeking to inspect | ||
the juvenile court records shall provide actual notice to the | ||
attorney or guardian ad litem of the minor whose records are | ||
sought. | ||
(0.2) In cases where the juvenile court records concern a | ||
juvenile court case that is no longer pending, the requesting | ||
party seeking to inspect the juvenile court records shall | ||
provide actual notice to the minor or the minor's parent or | ||
legal guardian, and the matter shall be referred to the chief | ||
judge presiding over matters pursuant to this Act. | ||
(0.3) In determining whether juvenile court records should | ||
be made available for inspection and whether inspection should | ||
be limited to certain parts of the file, the court shall | ||
consider the minor's interest in confidentiality and | ||
rehabilitation over the requesting party's interest in | ||
obtaining the information. The State's Attorney, the minor, | ||
and the minor's parents, guardian, and counsel shall at all | ||
times have the right to examine court files and records. | ||
(0.4) Any records obtained in violation of this Section |
shall not be admissible in any criminal or civil proceeding, | ||
or operate to disqualify a minor from subsequently holding | ||
public office, or operate as a forfeiture of any public | ||
benefit, right, privilege, or right to receive any license | ||
granted by public authority.
| ||
(D) Pending or following any adjudication of delinquency | ||
for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||
12-13 through 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012,
the victim of any such offense shall | ||
receive the
rights set out in Sections 4 and 6 of the Bill of
| ||
Rights for Victims and Witnesses of Violent Crime Act; and the
| ||
juvenile who is the subject of the adjudication, | ||
notwithstanding any other
provision of this Act, shall be | ||
treated
as an adult for the purpose of affording such rights to | ||
the victim.
| ||
(E) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority of the | ||
federal government, or any state, county, or municipality
| ||
examining the character and fitness of
an applicant for | ||
employment with a law enforcement
agency, correctional | ||
institution, or fire department to
ascertain
whether that | ||
applicant was ever adjudicated to be a delinquent minor and,
| ||
if so, to examine the records of disposition or evidence which | ||
were made in
proceedings under this Act.
| ||
(F) Following any adjudication of delinquency for a crime | ||
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section | ||
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the State's Attorney shall ascertain
| ||
whether the minor respondent is enrolled in school and, if so, | ||
shall provide
a copy of the dispositional order to the | ||
principal or chief administrative
officer of the school. | ||
Access to the dispositional order shall be limited
to the | ||
principal or chief administrative officer of the school and | ||
any school guidance
counselor designated by him or her.
| ||
(G) Nothing contained in this Act prevents the sharing or
| ||
disclosure of information or records relating or pertaining to | ||
juveniles
subject to the provisions of the Serious Habitual | ||
Offender Comprehensive
Action Program when that information is | ||
used to assist in the early
identification and treatment of | ||
habitual juvenile offenders.
| ||
(H) When a court hearing a proceeding under Article II of | ||
this Act becomes
aware that an earlier proceeding under | ||
Article II had been heard in a different
county, that court | ||
shall request, and the court in which the earlier
proceedings | ||
were initiated shall transmit, an authenticated copy of the | ||
juvenile court
record, including all documents, petitions, and | ||
orders filed and the
minute orders, transcript of proceedings, | ||
and docket entries of the court.
| ||
(I) The Clerk of the Circuit Court shall report to the | ||
Department of
State
Police, in the form and manner required by | ||
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or | ||
her 18th birthday for those offenses required to be reported
| ||
under Section 5 of the Criminal Identification Act. | ||
Information reported to
the Department under this Section may | ||
be maintained with records that the
Department files under | ||
Section 2.1 of the Criminal Identification Act.
| ||
(J) The changes made to this Section by Public Act 98-61 | ||
apply to juvenile law enforcement records of a minor who has | ||
been arrested or taken into custody on or after January 1, 2014 | ||
(the effective date of Public Act 98-61). | ||
(K) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (K) shall not apply to the person who is the | ||
subject of the record. | ||
(L) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; | ||
100-1162, eff. 12-20-18.)
| ||
(705 ILCS 405/5-901)
| ||
Sec. 5-901. Court file.
| ||
(1) The Court file with respect to proceedings under this
| ||
Article shall consist of the petitions, pleadings, victim | ||
impact statements,
process,
service of process, orders, writs | ||
and docket entries reflecting hearings held
and judgments and |
decrees entered by the court. The court file shall be
kept | ||
separate from other records of the court.
| ||
(a) The file, including information identifying the | ||
victim or alleged
victim of any sex
offense, shall be | ||
disclosed only to the following parties when necessary for
| ||
discharge of their official duties:
| ||
(i) A judge of the circuit court and members of the | ||
staff of the court
designated by the judge;
| ||
(ii) Parties to the proceedings and their | ||
attorneys;
| ||
(iii) Victims and their attorneys, except in cases | ||
of multiple victims
of
sex offenses in which case the | ||
information identifying the nonrequesting
victims | ||
shall be redacted;
| ||
(iv) Probation officers, law enforcement officers | ||
or prosecutors or
their
staff;
| ||
(v) Adult and juvenile Prisoner Review Boards.
| ||
(b) The Court file redacted to remove any information | ||
identifying the
victim or alleged victim of any sex | ||
offense shall be disclosed only to the
following parties | ||
when necessary for discharge of their official duties:
| ||
(i) Authorized military personnel;
| ||
(ii) Persons engaged in bona fide research, with | ||
the permission of the
judge of the juvenile court and | ||
the chief executive of the agency that prepared
the
| ||
particular recording: provided that publication of |
such research results in no
disclosure of a minor's | ||
identity and protects the confidentiality of the
| ||
record;
| ||
(iii) The Secretary of State to whom the Clerk of | ||
the Court shall report
the disposition of all cases, | ||
as required in Section 6-204 or Section 6-205.1
of the | ||
Illinois
Vehicle Code. However, information reported | ||
relative to these offenses shall
be privileged and | ||
available only to the Secretary of State, courts, and | ||
police
officers;
| ||
(iv) The administrator of a bonafide substance | ||
abuse student
assistance program with the permission | ||
of the presiding judge of the
juvenile court;
| ||
(v) Any individual, or any public or private | ||
agency or institution,
having
custody of the juvenile | ||
under court order or providing educational, medical or
| ||
mental health services to the juvenile or a | ||
court-approved advocate for the
juvenile or any | ||
placement provider or potential placement provider as
| ||
determined by the court.
| ||
(3) A minor who is the victim or alleged victim in a | ||
juvenile proceeding
shall be
provided the same confidentiality | ||
regarding disclosure of identity as the
minor who is the | ||
subject of record.
Information identifying victims and alleged | ||
victims of sex offenses,
shall not be disclosed or open to | ||
public inspection under any circumstances.
Nothing in this |
Section shall prohibit the victim or alleged victim of any sex
| ||
offense from voluntarily disclosing his or her identity.
| ||
(4) Relevant information, reports and records shall be | ||
made available to the
Department of
Juvenile Justice when a | ||
juvenile offender has been placed in the custody of the
| ||
Department of Juvenile Justice.
| ||
(5) Except as otherwise provided in this subsection (5), | ||
juvenile court
records shall not be made available to the | ||
general public
but may be inspected by representatives of | ||
agencies, associations and news
media or other properly | ||
interested persons by general or special order of
the court. | ||
The State's Attorney, the minor, his or her parents, guardian | ||
and
counsel
shall at all times have the right to examine court | ||
files and records.
| ||
(a) The
court shall allow the general public to have | ||
access to the name, address, and
offense of a minor
who is | ||
adjudicated a delinquent minor under this Act under either | ||
of the
following circumstances:
| ||
(i) The
adjudication of
delinquency was based upon | ||
the
minor's
commission of first degree murder, attempt | ||
to commit first degree
murder, aggravated criminal | ||
sexual assault, or criminal sexual assault; or
| ||
(ii) The court has made a finding that the minor | ||
was at least 13 years
of
age
at the time the act was | ||
committed and the adjudication of delinquency was | ||
based
upon the minor's commission of: (A)
an act in |
furtherance of the commission of a felony as a member | ||
of or on
behalf of a criminal street
gang, (B) an act | ||
involving the use of a firearm in the commission of a
| ||
felony, (C) an act that would be a Class X felony | ||
offense
under or
the minor's second or subsequent
| ||
Class 2 or greater felony offense under the Cannabis | ||
Control Act if committed
by an adult,
(D) an act that | ||
would be a second or subsequent offense under Section | ||
402 of
the Illinois Controlled Substances Act if | ||
committed by an adult, (E) an act
that would be an | ||
offense under Section 401 of the Illinois Controlled
| ||
Substances Act if committed by an adult, or (F) an act | ||
that would be an offense under the Methamphetamine | ||
Control and Community Protection Act if committed by | ||
an adult.
| ||
(b) The court
shall allow the general public to have | ||
access to the name, address, and offense
of a minor who is | ||
at least 13 years of age at
the time the offense
is | ||
committed and who is convicted, in criminal proceedings
| ||
permitted or required under Section 5-805, under either of
| ||
the following
circumstances:
| ||
(i) The minor has been convicted of first degree | ||
murder, attempt
to commit first degree
murder, | ||
aggravated criminal sexual
assault, or criminal sexual | ||
assault,
| ||
(ii) The court has made a finding that the minor |
was at least 13 years
of age
at the time the offense | ||
was committed and the conviction was based upon the
| ||
minor's commission of: (A)
an offense in
furtherance | ||
of the commission of a felony as a member of or on | ||
behalf of a
criminal street gang, (B) an offense
| ||
involving the use of a firearm in the commission of a | ||
felony, (C)
a Class X felony offense under the | ||
Cannabis Control Act or a second or
subsequent Class 2 | ||
or
greater felony offense under the Cannabis Control | ||
Act, (D) a
second or subsequent offense under Section | ||
402 of the Illinois
Controlled Substances Act, (E) an | ||
offense under Section 401 of the Illinois
Controlled | ||
Substances Act, or (F) an offense under the | ||
Methamphetamine Control and Community Protection Act.
| ||
(6) Nothing in this Section shall be construed to limit | ||
the use of a
adjudication of delinquency as
evidence in any | ||
juvenile or criminal proceeding, where it would otherwise be
| ||
admissible under the rules of evidence, including but not | ||
limited to, use as
impeachment evidence against any witness, | ||
including the minor if he or she
testifies.
| ||
(7) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority examining the | ||
character and fitness of
an applicant for a position as a law | ||
enforcement officer to ascertain
whether that applicant was | ||
ever adjudicated to be a delinquent minor and,
if so, to | ||
examine the records or evidence which were made in
proceedings |
under this Act.
| ||
(8) Following any adjudication of delinquency for a crime | ||
which would be
a felony if committed by an adult, or following | ||
any adjudication of delinquency
for a violation of Section | ||
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the State's Attorney shall ascertain
| ||
whether the minor respondent is enrolled in school and, if so, | ||
shall provide
a copy of the sentencing order to the principal | ||
or chief administrative
officer of the school. Access to such | ||
juvenile records shall be limited
to the principal or chief | ||
administrative officer of the school and any school guidance
| ||
counselor designated by him or her.
| ||
(9) Nothing contained in this Act prevents the sharing or
| ||
disclosure of information or records relating or pertaining to | ||
juveniles
subject to the provisions of the Serious Habitual | ||
Offender Comprehensive
Action Program when that information is | ||
used to assist in the early
identification and treatment of | ||
habitual juvenile offenders.
| ||
(11) The Clerk of the Circuit Court shall report to the | ||
Department of
State
Police, in the form and manner required by | ||
the Department of State Police, the
final disposition of each | ||
minor who has been arrested or taken into custody
before his or | ||
her 18th birthday for those offenses required to be reported
| ||
under Section 5 of the Criminal Identification Act. | ||
Information reported to
the Department under this Section may | ||
be maintained with records that the
Department files under |
Section 2.1 of the Criminal Identification Act.
| ||
(12) Information or records may be disclosed to the | ||
general public when the
court is conducting hearings under | ||
Section 5-805 or 5-810.
| ||
(13) The changes made to this Section by Public Act 98-61 | ||
apply to juvenile court records of a minor who has been | ||
arrested or taken into custody on or after January 1, 2014 (the | ||
effective date of Public Act 98-61). | ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||
98-756, eff. 7-16-14.)
| ||
Section 25. The Sex Offender Community Notification Law is | ||
amended by changing Section 121 as follows: | ||
(730 ILCS 152/121) | ||
Sec. 121. Notification regarding juvenile offenders. | ||
(a) The Department of State Police and any law enforcement | ||
agency having
jurisdiction may, in the Department's or | ||
agency's discretion, only provide
the
information specified in | ||
subsection (b) of Section 120 of this Act, with respect to an | ||
adjudicated
juvenile delinquent, to any person when that | ||
person's safety may be compromised
for some
reason related to | ||
the juvenile sex offender. | ||
(b) The local law enforcement agency having jurisdiction | ||
to register the juvenile sex offender shall ascertain from the | ||
juvenile sex offender whether the juvenile sex offender is |
enrolled in school; and if so, shall provide a copy of the sex | ||
offender registration form only to the principal or chief | ||
administrative officer of the school and any school guidance | ||
counselor designated by him or her. The registration form | ||
shall be kept separately from any and all school records | ||
maintained on behalf of the juvenile sex offender.
| ||
(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.) | ||
Section 30. The Murderer and Violent Offender Against | ||
Youth Registration Act is amended by changing Section 100 as | ||
follows: | ||
(730 ILCS 154/100)
| ||
Sec. 100. Notification regarding juvenile offenders. | ||
(a) The Department of State Police and any law enforcement | ||
agency having
jurisdiction may, in the Department's or | ||
agency's discretion, only provide
the
information specified in | ||
subsection (b) of Section 95, with respect to an adjudicated
| ||
juvenile delinquent, to any person when that person's safety | ||
may be compromised
for some
reason related to the juvenile | ||
violent offender against youth. | ||
(b) The local law enforcement agency having jurisdiction | ||
to register the juvenile violent offender against youth shall | ||
ascertain from the juvenile violent offender against youth | ||
whether the juvenile violent offender against youth is | ||
enrolled in school; and if so, shall provide a copy of the |
violent offender against youth registration form only to the | ||
principal or chief administrative officer of the school and | ||
any school guidance counselor designated by him or her. The | ||
registration form shall be kept separately from any and all | ||
school records maintained on behalf of the juvenile violent | ||
offender against youth.
| ||
(Source: P.A. 94-945, eff. 6-27-06.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2021.
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