Public Act 93-0470

SB878 Enrolled                       LRB093 07224 NHT 07380 b

    AN ACT to implement the federal No Child Left Behind  Act
of 2001.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  School  Code  is  amended  by  changing
Sections   2-3.25a,   2-3.25b,   2-3.25c,  2-3.25d,  2-3.25e,
2-3.25f, 2-3.25g,  2-3.25h,  2-3.25i,  2-3.25j,  7-8,  7A-15,
11A-17, 11B-14, 11D-12, and 21-27 and adding Sections 2-3.25m
and 2-3.25n as follows:

    (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
    Sec.  2-3.25a.   "School  district"  defined;  additional
standards.
    (a)  For the purposes of this Section and Sections 3.25b,
3.25c,   3.25d,  3.25e,  and  3.25f  of  this  Code,  "school
district" includes  other  public  entities  responsible  for
administering  public  schools,  such  as cooperatives, joint
agreements,  charter  schools,  special  charter   districts,
regional  offices  of  education,  local  agencies,  and  the
Department of Human Services.
    (b)  In addition to the standards established pursuant to
Section  2-3.25,  the  State Board of Education shall develop
recognition standards  for  student  performance  and  school
improvement   in   all  public  schools  operated  by  school
districts.   The  indicators  to  determine  adequate  yearly
progress assess student performance  and  school  improvement
shall include but need not be limited to the State assessment
of  student  performance  in  reading  and mathematics, local
assessment  results,  student   attendance   rates   at   the
elementary  school  level,  retention rates, expulsion rates,
and  graduation  rates  at  the  high   school   level,   and
participation  rates  on  student assessments.  The standards
shall be designed to  permit  the  measurement  of  a  school
district   to   measure   student   performance   and  school
improvement by schools and school districts school  buildings
compared  to  student  performance and school improvement for
the preceding academic years.
    The  provisions  of  this  Section  are  subject  to  the
provisions of Section 2-3.25k.
(Source: P.A. 89-398, eff. 8-20-95.)

    (105 ILCS 5/2-3.25b) (from Ch. 122, par. 2-3.25b)
    Sec. 2-3.25b.  Recognition levels.  The  State  Board  of
Education   shall,   consistent   with   adopted  recognition
standards,   provide   for   levels   of    recognition    or
nonrecognition.    The   State   Board   of  Education  shall
promulgate rules  governing  the  procedures  whereby  school
districts may appeal a recognition level.
    Subject  to  the provisions of Section 2-3.25k, The State
Board of Education shall have the authority to  collect  from
schools  and  school  districts  the  information, data, test
results,   student   performance   and   school   improvement
indicators as may be necessary to implement and carry out the
purposes of this Act.
(Source: P.A. 89-398, eff. 8-20-95.)

    (105 ILCS 5/2-3.25c) (from Ch. 122, par. 2-3.25c)
    Sec. 2-3.25c.  Rewards and acknowledgements.   The  State
Board  of  Education  shall implement a system of rewards for
school districts, and the schools  themselves,  to  recognize
and  reward  schools  whose students and schools consistently
meet  adequate  yearly  progress  criteria  for  2  or   more
consecutive  years  and  a  system to acknowledge schools and
districts that meet adequate yearly progress  criteria  in  a
given  year  as  specified  in  Section  2-3.25d of this Code
perform at  high  levels  or  which  demonstrate  outstanding
improvement.
    If  a  school  or  school  district meets adequate yearly
progress criteria for 2 consecutive school years, that school
or district shall be exempt from review and approval  of  its
improvement plan for the next 2 succeeding school years.
(Source: P.A. 87-559.)

    (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
    Sec.  2-3.25d.   Academic  early warning and watch status
list.
    (a)  Those schools  that  do  not  meet  adequate  yearly
progress  criteria,  as  specified  by  the  State  Board  of
Education,  for  2  consecutive annual calculations, shall be
placed on academic early warning status for the  next  school
year.  Schools  on  academic early warning status that do not
meet adequate yearly progress criteria  for  a  third  annual
calculation  shall  remain  on academic early warning status.
Schools on academic early warning status  that  do  not  meet
adequate   yearly  progress  criteria  for  a  fourth  annual
calculation shall be placed on initial academic watch status.
Schools on academic watch status that do  not  meet  adequate
yearly  progress  criteria  for  a fifth or subsequent annual
calculation shall remain on academic watch status. Schools on
academic early warning or academic  watch  status  that  meet
adequate  yearly progress criteria for one annual calculation
shall  be  acknowledged  for  making  improvement  and  shall
maintain their current statuses for  the  next  school  year.
Schools  on  academic  early warning or academic watch status
that meet adequate yearly progress criteria for 2 consecutive
annual  calculations  shall  be  considered  as  having   met
expectations   and   shall   be   removed   from  any  status
designation.
    The school district of a school placed on either academic
early warning status or academic watch status may appeal  the
status  to  the  State  Board of Education in accordance with
Section 2-3.25m of this Code.
    A school  district  that  has  one  or  more  schools  on
academic early warning or academic watch status shall prepare
a  revised  School  Improvement  Plan  or  amendments thereto
setting forth the district's expectations for  removing  each
school  from  academic early warning or academic watch status
and for improving student performance in the affected  school
or schools. Districts operating under Article 34 of this Code
may  prepare  the  School  Improvement  Plan  required  under
Section 34-2.4 of this Code.
    The  revised School Improvement Plan for a school that is
initially placed on academic early  warning  status  or  that
remains on academic early warning status after a third annual
calculation  must be approved by the school board (and by the
school's local school council in a district  operating  under
Article  34  of  this Code, unless the school is on probation
pursuant to subsection (c) of Section 34-8.3 of this Code).
    The revised School Improvement Plan for a  school  placed
on  initial  academic  watch  status  after  a  fourth annual
calculation must be approved by the school board (and by  the
school's  local  school council in a district operating under
Article 34 of this Code, unless the school  is  on  probation
pursuant  to  subsection  (c) of Section 34-8.3 of this Code)
and the State Superintendent of Education.
    The revised School Improvement Plan  for  a  school  that
remains  on  academic  watch  status  after  a  fifth  annual
calculation  must be approved by the school board (and by the
school's local school council in a district  operating  under
Article  34  of  this Code, unless the school is on probation
pursuant to subsection (c) of Section 34-8.3  of  this  Code)
and  the  State Superintendent of Education. In addition, the
district must develop a school  restructuring  plan  for  the
school  that must be approved by the school board (and by the
school's local school council in a district  operating  under
Article  34  of  this  Code) and subsequently approved by the
State Superintendent of Education.
    A school on academic watch  status  that  does  not  meet
adequate   yearly   progress  criteria  for  a  sixth  annual
calculation shall implement its approved school restructuring
plan beginning with the next  school  year,  subject  to  the
State  interventions  specified  in  Section  2-3.25f of this
Code.
    (b)  Those school districts that  do  not  meet  adequate
yearly  progress criteria, as specified by the State Board of
Education, for 2 consecutive annual  calculations,  shall  be
placed  on  academic early warning status for the next school
year. Districts on academic early warning status that do  not
meet  adequate  yearly  progress  criteria for a third annual
calculation shall remain on academic  early  warning  status.
Districts  on  academic early warning status that do not meet
adequate  yearly  progress  criteria  for  a  fourth   annual
calculation shall be placed on initial academic watch status.
Districts  on academic watch status that do not meet adequate
yearly progress criteria for a  fifth  or  subsequent  annual
calculation  shall remain on academic watch status. Districts
on academic early warning or academic watch status that  meet
adequate  yearly progress criteria for one annual calculation
shall  be  acknowledged  for  making  improvement  and  shall
maintain their current statuses for  the  next  school  year.
Districts  on academic early warning or academic watch status
that meet adequate yearly progress criteria for 2 consecutive
annual  calculations  shall  be  considered  as  having   met
expectations   and   shall   be   removed   from  any  status
designation.
    A district placed on either academic early warning status
or academic watch status may appeal the status to  the  State
Board of Education in accordance with Section 2-3.25m of this
Code.
    Districts  on  academic  early  warning or academic watch
status  shall  prepare  a  District   Improvement   Plan   or
amendments  thereto setting forth the district's expectations
for removing the district  from  academic  early  warning  or
academic  watch  status and for improving student performance
in the district.
    The District Improvement Plan  for  a  district  that  is
initially  placed  on  academic  early warning status must be
approved by the school board.
    The revised District Improvement Plan for a district that
remains on academic early warning status after a third annual
calculation must be approved by the school board.
    The revised District Improvement Plan for a  district  on
initial   academic   watch   status  after  a  fourth  annual
calculation must be approved by  the  school  board  and  the
State Superintendent of Education.
    The revised District Improvement Plan for a district that
remains  on  academic  watch  status  after  a  fifth  annual
calculation  must  be  approved  by  the school board and the
State Superintendent of Education. In addition, the  district
must  develop  a  district  restructuring  plan  that must be
approved by the school board and the State Superintendent  of
Education.
    A  district  on  academic watch status that does not meet
adequate  yearly  progress  criteria  for  a   sixth   annual
calculation    shall    implement   its   approved   district
restructuring plan  beginning  with  the  next  school  year,
subject  to  the  State  interventions  specified  in Section
2-3.25f of this Code.
    (c)  All revised School and  District  Improvement  Plans
shall  be  developed  in  collaboration  with  staff  in  the
affected  school  or  school district. All revised School and
District Improvement Plans shall be developed, submitted, and
approved pursuant to rules adopted  by  the  State  Board  of
Education.   The   revised  Improvement  Plan  shall  address
measurable outcomes for improving student performance so that
such performance meets adequate yearly progress  criteria  as
specified by the State Board of Education.
    (d)  All federal requirements apply to schools and school
districts  utilizing  federal  funds under Title I, Part A of
the federal Elementary and Secondary Education Act  of  1965.
Those  schools that are not meeting the standards of academic
performance measured  by  the  State  assessment  of  student
performance  as specified by the State Board of Education may
be placed on an academic watch list established by the  State
Superintendent  of Education after serving for 2 years on the
State Board of Education  Early  Academic  Warning  List  and
shall  be  subject  to  an  on-site  visitation  to determine
whether extenuating circumstances exist as to why a school or
schools should not be placed on an academic watch list by the
State Superintendent of Education.
    A school district that has one or  more  schools  on  the
academic watch list shall submit a revised School Improvement
Plan  or  amendments  thereto  setting  forth  the district's
expectations for removing each school in  the  district  from
the academic watch list and for improving student performance
in  that  school. Districts operating under Article 34 of The
School Code may submit the School Improvement  Plan  required
under  Section  34-2.4.   If  any  district  submits a School
Improvement Plan which exceeds 2 years in duration, the  Plan
shall  contain provisions for evaluation and determination as
to  the  improvement  of  student   performance   or   school
improvement  after  no later than 2 years. The revised School
Improvement Plan or amendments thereto shall be developed  in
consultation  with  the staff of the affected school and must
be approved by the local board of education and the  school's
local school council for districts operating under Article 34
of  the School Code. Revised School Improvement Plans must be
submitted  for  approval  to  the  State  Superintendent   of
Education  pursuant  to  rules and regulations promulgated by
the State Board of Education.  The revised School Improvement
Plan  shall  address  specific,   measurable   outcomes   for
improving student performance so that such performance equals
or exceeds standards set for the school by the State Board of
Education.
    A  school  or  schools shall remain on the academic watch
list for at  least  one  full  academic  year.   During  each
academic  year  for  which  a school is on the academic watch
list it shall continue to be evaluated and  assessed  by  the
State Board of Education as to whether it is meeting outcomes
identified in its revised School Improvement Plan.
    The  provisions  of  this  Section  are  subject  to  the
provisions of Section 2-3.25k.
(Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

    (105 ILCS 5/2-3.25e) (from Ch. 122, par. 2-3.25e)
    Sec.  2-3.25e.   School  and  district improvement panels
panel. A school or school district that has a school  on  the
academic  watch  status  list shall have a school or district
improvement panel appointed by the  State  Superintendent  of
Education.  Members appointed to the panel shall include, but
not   be  limited  to,  individuals  who  are  familiar  with
educational issues.  The State  Superintendent  of  Education
shall designate one member of the panel to serve as chairman.
Any panel appointed for a school operated under Article 34 of
the  School  Code  shall include one or more members selected
from the school's subdistrict council and one or more members
from the  school's  local  school  council.   The  school  or
district  improvement  panel  shall  (1) assist the school or
district in the development and implementation of  a  revised
School  Improvement Plan and amendments thereto and, (2) make
progress reports and comments to the State Superintendent  of
Education pursuant to rules promulgated by the State Board of
Education,  and  (3) have the authority to review and approve
or disapprove all actions of  the  board  of  education  that
pertain  to  implementation of the revised School Improvement
Plan.  The revised School Improvement Plan must be  developed
in  consultation  with  the  staff of the affected school and
approved by  the  appropriate  board  of  education  and  for
districts  operated  under  Article 34 of the School Code the
school's local school council. Following that  approval,  the
plan  shall  be  submitted  to  the  State  Superintendent of
Education for approval.
    The  provisions  of  this  Section  are  subject  to  the
provisions of Section 2-3.25k.
(Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

    (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
    Sec. 2-3.25f.  State interventions.
    (a)  A school or school district must submit the required
revised Improvement Plan pursuant to  rules  adopted  by  the
State  Board of Education. The State Board of Education shall
provide technical assistance to assist with  the  development
and  implementation of the improvement plan. School districts
that fail to submit required School Improvement Plans or fail
to obtain approval of such plans pursuant to rules adopted by
the State Board of Education may have  State  funds  withheld
until such plans are submitted.
    Schools  or school districts that fail to make reasonable
efforts to implement an approved School Improvement Plan  may
suffer  loss  of  State  funds by school district, attendance
center, or program as the  State  Board  of  Education  deems
appropriate.
    The   provisions  of  this  subsection  (a)  relating  to
submission and  approval  of  School  Improvement  Plans  are
subject to the provisions of Section 2-3.25k.
    (b)  In  addition,  if  after  3  2  years  following its
placement on the academic watch status list a school district
or school remains on the  academic  watch  status  list,  the
State  Board  of  Education  shall  take one of the following
actions for the district or school:
         (1) 1.  The State Board of Education  may  authorize
    the  State  Superintendent  of  Education  to  direct the
    regional superintendent of schools to remove school board
    members pursuant to Section 3-14.28 of this  Code.  Prior
    to  such  direction  the  State  Board of Education shall
    permit members of the local board of education to present
    written  and  oral  comments  to  the  State   Board   of
    Education.  The  State  Board of Education may direct the
    State  Superintendent  of   Education   to   appoint   an
    Independent Authority that shall exercise such powers and
    duties  as may be necessary to operate a school or school
    district for purposes of improving pupil performance  and
    school   improvement.    The   State   Superintendent  of
    Education shall designate one member of  the  Independent
    Authority to serve as chairman. The Independent Authority
    shall  serve  for a period of time specified by the State
    Board of Education upon the recommendation of  the  State
    Superintendent of Education.; or
         (2)  2.  The State Board of Education may (A) change
    the recognition status of the school district  or  school
    to  nonrecognized (a) nonrecognize the school district or
    school, or (B) (b) may authorize the State Superintendent
    of Education to direct  the  reassignment  of  pupils  or
    direct the reassignment or replacement of school district
    personnel  who  are  relevant  to  the  failure  to  meet
    adequate  yearly  progress  criteria  and  administrative
    staff.   If  a  school  district  is nonrecognized in its
    entirety, it shall automatically be dissolved on  July  1
    following that nonrecognition and its territory realigned
    with another school district or districts by the regional
    board   of   school   trustees  in  accordance  with  the
    procedures set forth in Section 7-11 of the School  Code.
    The  effective  date  of  the  nonrecognition of a school
    shall be July 1 following the nonrecognition.
    (c)  All federal requirements apply to schools and school
districts utilizing federal funds under Title I,  Part  A  of
the federal Elementary and Secondary Education Act of 1965.
(Source: P.A. 89-398, eff. 8-20-95; 89-698, eff. 1-14-97.)

    (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
    Sec.  2-3.25g.  Waiver or modification of mandates within
the School Code and  administrative  rules  and  regulations.
Notwithstanding  any  other provisions of this School Code or
any other law of this State to the contrary, school districts
may petition the State Board of Education for the  waiver  or
modification  of  the  mandates of this School Code or of the
administrative rules and regulations promulgated by the State
Board   of   Education.    Waivers   or   modifications    of
administrative  rules  and  regulations  and modifications of
mandates of this School Code may be requested when  a  school
district  demonstrates  that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation  or  improve
student  performance.  Waivers of mandates of the School Code
may be requested when the waivers are necessary to  stimulate
innovation  or  improve student performance.  Waivers may not
be requested from laws, rules, and regulations pertaining  to
special  education,  teacher certification, or teacher tenure
and seniority or from  compliance  with  the  No  Child  Left
Behind Act of 2001 (Public Law 107-110).
    School  districts,  as  a  matter  of inherent managerial
policy,  and  any  Independent  Authority  established  under
Section 2-3.25f may submit an application  for  a  waiver  or
modification authorized under this Section.  Each application
must  include  a  written  request  by the school district or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective,  efficient,
or  economical  manner  or  be based upon a specific plan for
improved student performance and  school  improvement.    Any
district  requesting  a waiver or modification for the reason
that intent of  the  mandate  can  be  addressed  in  a  more
economical  manner  shall include in the application a fiscal
analysis showing current  expenditures  on  the  mandate  and
projected  savings resulting from the waiver or modification.
Applications and plans developed by school districts must  be
approved  by  each  board  of  education  following  a public
hearing on the application and plan and the  opportunity  for
the  board to hear testimony from educators directly involved
in its implementation,  parents,  and  students.  The  public
hearing  must  be  preceded  by at least one published notice
occurring at least 7 days prior to the hearing in a newspaper
of general circulation within the school district  that  sets
forth  the  time,  date, place, and general subject matter of
the hearing.  The school district must notify in writing  the
affected   exclusive   collective  bargaining  agent  of  the
district's  intent  to  seek  approval   of   a   waiver   or
modification  and of the hearing to be held to take testimony
from educators.  The affected exclusive collective bargaining
agents shall be notified of such public hearing  at  least  7
days prior to the date of the hearing and shall be allowed to
attend such public hearing.
    A  request for a waiver or modification of administrative
rules and regulations  or  for  a  modification  of  mandates
contained in this School Code shall be submitted to the State
Board of Education within 15 days after approval by the board
of  education.   Following  receipt of the request, the State
Board shall have  45  days  to  review  the  application  and
request.    If  the  State  Board  fails  to  disapprove  the
application  within  that  45  day  period,  the  waiver   or
modification  shall  be  deemed granted.  The State Board may
disapprove  any  request  if  it  is  not  based  upon  sound
educational practices, endangers  the  health  or  safety  of
students   or  staff,  compromises  equal  opportunities  for
learning, or fails to demonstrate that the intent of the rule
or mandate can be addressed in a more  effective,  efficient,
or  economical manner or have improved student performance as
a primary goal.  Any request disapproved by the  State  Board
may  be  appealed  to  the General Assembly by the requesting
school district as outlined in this Section.
    A request for a waiver from mandates  contained  in  this
School  Code  shall be submitted to the State Board within 15
days after approval by the board  of  education.   The  State
Board   shall   review  the  applications  and  requests  for
completeness and shall compile the requests in reports to  be
filed  with  the General Assembly. The State Board shall file
reports outlining the waivers requested by  school  districts
and  appeals  by  school districts of requests disapproved by
the  State  Board  with  the  Senate   and   the   House   of
Representatives before each May 1 and October 1.  The General
Assembly  may  disapprove  the  report  of the State Board in
whole or in part within 30 calendar days after each house  of
the  General Assembly next convenes after the report is filed
by adoption of a resolution by a record vote of the  majority
of  members  elected  in each house.  If the General Assembly
fails to disapprove any waiver request  or  appealed  request
within  such  30 day period, the waiver or modification shall
be deemed granted.  Any resolution  adopted  by  the  General
Assembly disapproving a report of the State Board in whole or
in part shall be binding on the State Board.
    An  approved  waiver or modification may remain in effect
for a period not to exceed 5 school years and may be  renewed
upon application by the school district. However, such waiver
or modification may be changed within that 5-year period by a
local  school  district  board following the procedure as set
forth in this Section for the initial waiver or  modification
request.   If  neither  the  State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
    On or before February 1, 1998, and each year  thereafter,
the State Board of Education shall submit a cumulative report
summarizing all types of waiver mandates and modifications of
mandates  granted by the State Board or the General Assembly.
The report shall identify the topic of the waiver along  with
the  number  and percentage of school districts for which the
waiver has been granted.  The report shall also  include  any
recommendations  from the State Board regarding the repeal or
modification of waived mandates.
(Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)

    (105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
    Sec.  2-3.25h.   Technical  assistance;   State   support
services.   Schools, school districts, local school councils,
school improvement  panels,  and  any  Independent  Authority
established  under  Section  2-3.25f  may  receive  technical
assistance  that  through  the State Board of Education shall
make available.  Such technical assistance shall may  include
without  limitation,  but shall not be limited to, assistance
in the areas  of  curriculum  evaluation,  the  instructional
process,   student  performance,  school  environment,  staff
effectiveness,  school  and  community  relations,   parental
involvement,   resource   management,  and  leadership,  data
analysis  processes  and  tools,  school   improvement   plan
guidance  and  feedback, information regarding scientifically
based  research-proven  curriculum   and   instruction,   and
professional   development  opportunities  for  teachers  and
administrators.
(Source: P.A. 87-559.)

    (105 ILCS 5/2-3.25i) (from Ch. 122, par. 2-3.25i)
    Sec. 2-3.25i.  Rules.  The State Board of Education shall
promulgate rules and regulations necessary to  implement  the
provisions  of  Public  Act 87-559 and this amendatory Act of
the 93rd General Assembly 1991.  The State Board of Education
may waive any of its rules or regulations which conflict with
Public Act 87-559 or this amendatory Act of the 93rd  General
Assembly  except those requirements for special education and
teacher certification.
(Source: P.A. 87-559.)

    (105 ILCS 5/2-3.25j) (from Ch. 122, par. 2-3.25j)
    Sec.  2-3.25j.   Implementation.  Commencing   with   the
1992-93  school  year  and  thereafter the provisions of this
amendatory Act and  any  rules  adopted  hereunder  shall  be
implemented  on  a  schedule identified by the State Board of
Education  and  incorporated  as  an  integral  part  of  the
recognition process of the State  Board  of  Education.   The
provisions  of  this  Section  and the authority of the State
Board of Education to adopt rules as provided in this Section
are subject to the provisions of Section 2-3.25k.
(Source: P.A. 89-398, eff. 8-20-95.)

    (105 ILCS 5/2-3.25m new)
    Sec. 2-3.25m.  Appeals. The appeals process  outlined  in
this  Section  applies  to  all appeals from school districts
pertaining to school or district status  levels,  recognition
levels,  or  corrective action.  The State Board of Education
shall provide notice and an opportunity for  hearing  to  the
affected  school  district.  The hearing shall take place not
later than 30 calendar days following receipt of the  written
appeal.  The  appeals advisory committee created as specified
in  this  Section  may  extend  the  hearing  under   special
circumstances,  in consultation with the State Superintendent
of Education.  The State Board of  Education  may  take  into
account exceptional or uncontrollable circumstances.
    The  State  Board  of  Education shall process school and
district appeals through an appeals advisory  committee.  The
committee  shall  be  composed  of 9 members appointed by the
State Superintendent of Education as follows:
         (1)  One representative of each  of  2  professional
    teachers' organizations.
         (2)  Two   school  administrators  employed  in  the
    public schools of this State who have been  nominated  by
    an administrator organization.
         (3)  One  member  of an organization that represents
    school principals.
         (4)  One member of an organization  that  represents
    both parents and teachers.
         (5)  One representative of the business community of
    this State who has been nominated by a statewide business
    organization.
         (6)  One  representative  of  City of Chicago School
    District 299.
         (7)  One member of the public.
Five members of the committee shall  serve  for  terms  of  2
years,  and  4  members shall serve for terms of 3 years. The
State  Superintendent  of  Education  shall  appoint  initial
members on or  before  July  1,  2003.  The  committee  shall
annually elect one member as chairperson.
    The  committee shall hear appeals and, within 30 calendar
days after a hearing, make recommendations for action to  the
State   Superintendent  of  Education.  The  committee  shall
recommend action to the State Superintendent of Education  on
all  appeals.  The  State  Board  of Education shall make all
final determinations.

    (105 ILCS 5/2-3.25n new)
    Sec. 2-3.25n.  No Child Left Behind Act; requirements and
construction.
    (a)  The changes in the State accountability system  made
by  this  amendatory  Act  of the 93rd General Assembly are a
direct result of the federal No Child Left Behind Act of 2001
(Public Law 107-110), which requires that each state  develop
and  implement  a  single,  statewide  accountability  system
applicable to all schools and school districts.
    (b)  As  provided in the federal No Child Left Behind Act
of 2001 (Public Law 107-110), nothing in this amendatory  Act
of  the  93rd General Assembly shall be construed to alter or
otherwise  affect  the  rights,  remedies,   and   procedures
afforded  school  district or school employees under federal,
State, or local law (including applicable rules, regulations,
or court orders) or under the terms of collective  bargaining
agreements,  memoranda  of understanding, or other agreements
between such employees and their employers.

    (105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
    Sec.  7-8.  Limitation  on  successive   petitions.    No
territory,  nor  any  part  thereof, which is involved in any
proceeding to change the boundaries of a school  district  by
detachment from or annexation to such school district of such
territory, and which is not so detached nor annexed, shall be
again  involved  in  proceedings  to change the boundaries of
such school district for  at  least  two  years  after  final
determination  of  such first proceeding unless during that 2
year period a petition filed is substantially different  than
any  other  previously  filed  petition during the previous 2
years or if a school district involved is placed on the State
Board of  Education's  academic  watch  status  list  or  the
financial  watch  list  by the State Board of Education or is
certified as being in financial difficulty during that 2 year
period or  if  such  first  proceeding  involved  a  petition
brought under Section 7-2b of this Article 7.
(Source: P.A. 87-1139; 88-386.)

    (105 ILCS 5/7A-15) (from Ch. 122, par. 7A-15)
    Sec. 7A-15.  Limitation on successive petitions.  No unit
school district that is involved in any proceeding under this
Article  to  be  dissolved  and  converted into an elementary
school district (with all territory within  the  unit  school
district  proposed  to  be  so  dissolved  to be concurrently
annexed to a contiguous high school district), and  which  is
not  so  dissolved  or  converted  into  an elementary school
district, shall be again involved in proceedings  under  this
Article  to  dissolve  and  convert into an elementary school
district for at least two years after final determination  of
such  first  proceeding  unless  during  that 2 year period a
petition filed is  substantially  different  than  any  other
previously filed petition during the previous 2 years or if a
school  district  involved  is  placed  on the State Board of
Education's academic watch status list or the financial watch
list by the State Board of Education or is certified as being
in financial difficulty during that 2 year period.
(Source: P.A. 87-1139.)

    (105 ILCS 5/11A-17)
    Sec. 11A-17.  Limitation  on  successive  petitions.   No
territory or any part thereof that is not included within any
unit  school  district  and  that is involved in a proceeding
under this Article to be  organized  into  a  community  unit
school district, and that is not by that proceeding organized
into  a  community  unit  school  district,  shall  be  again
involved  in  proceedings  under this Article to be organized
into a community unit school district for at least two  years
after  final  determination  of  such first proceeding unless
during that 2 year period a petition filed  is  substantially
different than any other previously filed petition during the
previous  2  years or if a school district involved is placed
on the State Board of Education's academic watch status  list
or  the  financial watch list by the State Board of Education
or is certified as being in financial difficulty during  that
2 year period.
    No   unit   school  district  that  is  involved  in  any
proceeding under this Article to be organized along with  any
other  unit  school district or districts or territory into a
community unit school  district  and  that  is  not  by  that
proceeding   so   organized  into  a  community  unit  school
district, and no  unit  district  that  is  involved  in  any
proceeding  under  this  Article to be divided into 2 or more
parts and as divided included in 2  or  more  community  unit
school  districts  and  that  is  not  by  that proceeding so
divided  and  included  in  other   community   unit   school
districts,  shall be again involved in proceedings under this
Article to be organized into a community unit school district
or divided  and  included  in  other  community  unit  school
districts for at least two years after final determination of
such  first  proceeding  unless  during  that 2 year period a
petition filed is  substantially  different  than  any  other
previously filed petition during the previous 2 years or if a
school  district  involved  is  placed  on the State Board of
Education's academic watch status list or the financial watch
list by the State Board of Education or is certified as being
in financial difficulty during that 2 year period.
(Source: P.A. 87-1139; 88-45; 88-555, eff. 7-27-94.)

    (105 ILCS 5/11B-14) (from Ch. 122, par. 11B-14)
    Sec. 11B-14.  Limitation  on  successive  petitions.   No
elementary  or  high  school district that is involved in any
proceeding under this Article to be formed into and  included
as  part  of  a combined school district to be established in
that proceeding, and that is not so formed into and  included
as  part  of  a  combined school district in that proceeding,
shall be again involved in proceedings under this Article for
at least two years after final determination  of  such  first
proceeding  unless during that 2 year period a petition filed
is substantially different than any  other  previously  filed
petition  during the previous 2 years or if a school district
involved is placed on the State Board of Education's academic
watch status list or the financial watch list  by  the  State
Board  of  Education  or  is  certified as being in financial
difficulty during that 2 year period.
(Source: P.A. 87-1139.)

    (105 ILCS 5/11D-12) (from Ch. 122, par. 11D-12)
    Sec. 11D-12.  Limitation  on  successive  petitions.   No
unit  or  high  school  district  that  is  involved  in  any
proceeding under this Article to be dissolved and formed into
a   new  high  school  district  and  new  elementary  school
districts, and that is not by those proceedings so  dissolved
and formed into a new high school district and new elementary
school  districts,  shall  be  again  involved in proceedings
under this Article to be dissolved and formed into a new high
school district and new elementary school  districts  for  at
least  two  years  after  final  determination  of such first
proceeding unless during that 2 year period a petition  filed
is  substantially  different  than any other previously filed
petition during the previous 2 years or if a school  district
involved is placed on the State Board of Education's academic
watch  status  list  or the financial watch list by the State
Board of Education or is  certified  as  being  in  financial
difficulty during that 2 year period.
(Source: P.A. 87-1139; 88-45.)

    (105 ILCS 5/21-27)
    Sec.  21-27.   The  Illinois Teaching Excellence Program.
The  Illinois   Teaching   Excellence   Program   is   hereby
established  to  provide  categorical  funding  for  monetary
incentives  and  bonuses  for  teachers  who  are employed by
school districts and who  hold  a  Master  Certificate.   The
State  Board  of  Education  shall allocate and distribute to
each school district an amount as  annually  appropriated  by
the  General  Assembly  from  federal  funds for the Illinois
Teaching Excellence Program.  Unless  otherwise  provided  by
appropriation, each school district's annual allocation shall
be the sum of the amounts earned for the following incentives
and bonuses:
         (1)  An  annual payment of $3,000 to be paid to each
    teacher who successfully completes the program leading to
    and who receives a Master Certificate and is employed  as
    a  teacher  by  a  school  district.  The school district
    shall distribute this payment to each eligible teacher as
    a single payment or in not more than 3 payments.
         (2)  An annual incentive equal to  $1,000  shall  be
    paid  to each teacher who holds a Master Certificate, who
    is employed as a teacher by a school  district,  and  who
    agrees,  in  writing,  to  provide  60 hours of mentoring
    during that year to classroom teachers.   This  mentoring
    may   include,  either  singly  or  in  combination,  (i)
    providing high quality professional development  for  new
    and  experienced  teachers,  and  (ii) assisting National
    Board  for  Professional   Teaching   Standards   (NBPTS)
    candidates  through the NBPTS certification process.  The
    school district  shall  distribute  50%  of  each  annual
    incentive  payment  upon  completion  of  30 hours of the
    required mentoring and the remaining 50% of the incentive
    upon completion of the required 60  hours  of  mentoring.
    Credit  may  not  be  granted  by  a  school district for
    mentoring or related services provided during  a  regular
    school day or during the total number of days of required
    service for the school year.
         (3)  An  annual  incentive  equal to $3,000 shall be
    paid to each teacher who holds a Master Certificate,  who
    is  employed  as  a teacher by a school district, and who
    agrees, in writing, to  provide  60  hours  of  mentoring
    during  that year to classroom teachers in schools on the
    academic early warning status List or in schools in which
    50% or more of the students receive free or reduced price
    lunches, or both. The school  district  shall  distribute
    50%  of  each annual incentive payment upon completion of
    30 hours of the required mentoring and the remaining  50%
    of the incentive upon completion of the required 60 hours
    of  mentoring.   Credit  may  not  be granted by a school
    district  for  mentoring  or  related  services  provided
    during a regular school day or during the total number of
    days of required service for the school year.
    Each regional superintendent  of  schools  shall  provide
information  about  the  Master  Certificate  Program  of the
National Board for Professional  Teaching  Standards  (NBPTS)
and  this amendatory Act of the 91st General Assembly to each
individual seeking to register or renew a  certificate  under
Section 21-14 of this Code.
(Source: P.A. 91-606, eff. 8-16-99; 92-796, eff. 8-10-02.)

    (105 ILCS 5/2-3.25k rep.)
    Section  10.  The  School  Code  is  amended by repealing
Section 2-3.25k.

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