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| they believe can provide their children with a quality |
2 |
| education.
Sometimes this inability is due to the parents' lack |
3 |
| of standing to influence
the educational policies and |
4 |
| procedures of schools their children attend or
lack of funds to |
5 |
| pay for a quality education. Businesses cite the
unavailability |
6 |
| of quality schools to which their employees can send their
|
7 |
| children as a reason for locating elsewhere.
|
8 |
| (5) Adopting a pilot educational choice program would |
9 |
| enable parents to
select
schools they believe will provide a |
10 |
| quality education for their children,
empower them to influence |
11 |
| the educational policies and procedures of the
schools their |
12 |
| children attend, and provide them with at least a portion of |
13 |
| the
funds necessary to pay for a quality education. Such a |
14 |
| program would begin to
help alleviate the crisis in Illinois |
15 |
| elementary and secondary education and
assist more Illinois |
16 |
| children to become productive members of our society. It
would |
17 |
| also encourage businesses to locate in Illinois and promote |
18 |
| employment.
|
19 |
| (6) The provisions of this Act are in the public interest, |
20 |
| for the public
benefit, and serve a secular public purpose.
|
21 |
| Section 10. Definitions. As used in this Act:
|
22 |
| "Custodian" means, with respect to a qualifying pupil, an |
23 |
| Illinois
resident who is the parent or legal guardian of such |
24 |
| qualifying
pupil.
|
25 |
| "Qualified education expenses" means costs reasonably |
26 |
| incurred by a
custodian on behalf of a qualifying pupil for |
27 |
| services at the qualifying school
in which the pupil is |
28 |
| enrolled during the regular school year. Qualified
education |
29 |
| expenses shall not include costs incurred for supplies or
|
30 |
| extra-curricular
activities.
|
31 |
| "Qualifying pupil" means an individual who:
|
32 |
| (1) resides within a
school district organized under |
33 |
| Article 34 of the School Code;
|
34 |
| (2) is under age 21 at the close of the school year for |
35 |
| which the voucher
is sought;
|
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|
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| (3) during the school year for which the voucher is sought, |
2 |
| is a
full-time
pupil enrolled in a 1st through 12th grade |
3 |
| education program at any qualifying
school as defined in this |
4 |
| Act; and
|
5 |
| (4) is a member of a family that has a total family income |
6 |
| that does not
exceed an amount equal to 1.5 times the family |
7 |
| income level necessary to
qualify for free meals under the |
8 |
| National School Lunch Act.
|
9 |
| "Qualifying school" means any public or non-home based, |
10 |
| nonpublic
elementary or secondary school located within a |
11 |
| school district
organized under Article 34 of the School Code |
12 |
| that is in compliance with Title VI of the Civil Rights Act
of |
13 |
| 1964 and attendance at which satisfies the requirements of |
14 |
| Section 26-1 of
the School Code, except that nothing in Section |
15 |
| 26-1 shall be construed as to
require a child to attend any |
16 |
| particular public or nonpublic school.
|
17 |
| "Voucher" means a written instrument with which a custodian |
18 |
| of a
qualifying
pupil may pay a qualifying school a sum certain |
19 |
| for qualified education
expenses incurred on behalf of such |
20 |
| qualifying pupil at the school. The
voucher shall require the |
21 |
| State Board of Education to reimburse the qualifying
school |
22 |
| within a designated time period for a sum that is the least of |
23 |
| the
following: (i) the qualified education expenses incurred by |
24 |
| a qualifying pupil
at the school in which the pupil is |
25 |
| enrolled, or (ii) the foundation level of support specified in |
26 |
| subsection (B) of Section 18-8.05 of the School Code.
|
27 |
| Section 15. Educational choice program. Beginning with the |
28 |
| 2007-2008 school
year, a custodian of a qualifying pupil shall |
29 |
| be entitled, subject to subdivision (2) of Section
45, to a |
30 |
| voucher for
payment of qualified education expenses incurred on |
31 |
| behalf of a qualifying
pupil at any qualified school in which |
32 |
| such pupil is enrolled.
|
33 |
| Section 20. Request for a voucher. A custodian who applies |
34 |
| in accordance
with procedures established by the State Board of |
|
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| Education shall receive a
voucher with the dollar limits set |
2 |
| out in this Act. Such procedures shall
require application for |
3 |
| the voucher, with documentation as to eligibility, no
later |
4 |
| than October 1 of the year of attendance.
|
5 |
| Section 25. Issuance and payment of voucher. The State |
6 |
| Board of Education
shall establish procedures for the issuance |
7 |
| of the voucher to a custodian who
has made proper application, |
8 |
| the presentation of the voucher by the custodian
to the |
9 |
| qualifying school, and the presentation of the voucher for |
10 |
| payment by
the qualifying school. Such procedures shall require |
11 |
| that:
|
12 |
| (1) the voucher be issued to the custodian no later |
13 |
| than November 15 of the
school year of attendance;
|
14 |
| (2) the custodian present the voucher to the qualifying |
15 |
| school no later than
November 30 of the year of attendance;
|
16 |
| (3) the qualifying school present the voucher to the |
17 |
| State Board of
Education
for
payment no later than December |
18 |
| 15 of the school year of attendance; and
|
19 |
| (4) the State Board of Education pay the voucher no |
20 |
| later than February 1 of
the school year of attendance.
|
21 |
| Section 30. Funding. The cost of the educational choice |
22 |
| program established
by this Act shall be paid from a separate |
23 |
| appropriation made by the General
Assembly for the purposes of |
24 |
| this Act. In no year may the total amount of the
appropriation |
25 |
| exceed $45,000,000. The State Board of Education shall ensure |
26 |
| that the State
aid payable to all other school districts is |
27 |
| neither reduced or increased as a
result of the appropriations |
28 |
| made for this program.
|
29 |
| Section 35. Not gross income. The amount of any voucher |
30 |
| redeemed under this
Act shall not be considered gross income |
31 |
| and shall not be taxable for Illinois
income tax purposes.
|
32 |
| Section 40. Penalties. It shall be a Class 3 felony to use |
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| or attempt to use
a voucher for any purpose other than those |
2 |
| permitted by this Act. It shall be
a
Class 3 felony to, with |
3 |
| intent to defraud, knowingly forge, alter, or
misrepresent |
4 |
| information on a voucher or on any documents submitted in
|
5 |
| application for a voucher, to issue or deliver any such |
6 |
| document knowing it to
have been thus forged, altered, or based |
7 |
| on misrepresentation, or to possess,
with intent to issue or |
8 |
| deliver, any such document knowing it to have been
forged, |
9 |
| altered, or based on misrepresentation.
|
10 |
| Section 45. Council of Advisers. There is created a |
11 |
| Council of Advisers to
consist of 15 members appointed as |
12 |
| follows: the Governor, the President of the
Senate, the |
13 |
| Minority Leader of the Senate, the Speaker of the House of |
14 |
| Representatives, and the
Minority Leader of the House of |
15 |
| Representatives shall each appoint one representative of |
16 |
| public
schools, one representative of nonpublic schools, and |
17 |
| one representative of the
general public. The term of each |
18 |
| member shall commence upon appointment and
shall expire on July |
19 |
| 1, 2011. Vacancies on the Council shall be filled by the
|
20 |
| respective appointing authority. If a legislative leader fails |
21 |
| to make his or
her appointment to the Council, within 60 days |
22 |
| after the effective date of this
Act or 30 days after a vacancy |
23 |
| on the Council, the appointment shall be made by
the Governor. |
24 |
| Members of the Council shall select a chairperson and such |
25 |
| other
officers as it deems necessary.
|
26 |
| The Council shall advise the State Board of Education on |
27 |
| the operation of
this Act and shall have such other powers and |
28 |
| duties as follows:
|
29 |
| (1) If the amount needed to fund vouchers for all |
30 |
| qualifying pupils exceeds
the amount appropriated in any |
31 |
| year, the Council shall determine an equitable
way to
|
32 |
| allocate the appropriated amount among the qualifying |
33 |
| pupils consistent with
the stated
purpose and policy of |
34 |
| this Act.
|
35 |
| (2) The Council shall arrange to have conducted an |
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| independent evaluation of
the effectiveness of this |
2 |
| program. The evaluation shall be updated annually
and a |
3 |
| comprehensive review and evaluation shall be completed |
4 |
| after the end of
the 2010-2011 school year.
|
5 |
| Section 50. Rules. The State Board of Education shall, |
6 |
| upon
recommendation of the Council of Advisers, promulgate the |
7 |
| rules
necessary to implement the Act. The State Board shall |
8 |
| promulgate such rules
only to the extent necessary to |
9 |
| facilitate the operation of this program and
shall not use this |
10 |
| Act to create further substantive educational requirements
on |
11 |
| any school, provided that rules may be promulgated to safeguard
|
12 |
| against qualifying schools increasing qualified education |
13 |
| expenses for the
sole purpose of gaining access to increased |
14 |
| voucher amounts.
|
15 |
| Section 55. Notification. Beginning with the 2007-2008 |
16 |
| school year, at the
start of each school year, the chief |
17 |
| administrative officer of each school
within a school district |
18 |
| organized under Article 34 of the School Code shall notify |
19 |
| custodians of qualifying
pupils
that vouchers are available.
|
20 |
| Section 60. Repeal. This Act is repealed on July 1, 2011.
|
21 |
| Section 100. The School Code is amended by changing Section |
22 |
| 2-3.64 and by adding Sections 17-1.10 and 34-43.5 as follows:
|
23 |
| (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
|
24 |
| Sec. 2-3.64. State goals and assessment.
|
25 |
| (a) Beginning in the 1998-1999 school year, the State Board |
26 |
| of Education
shall establish standards and periodically, in |
27 |
| collaboration with local school
districts, conduct studies of |
28 |
| student performance in the learning areas of fine
arts and |
29 |
| physical development/health.
|
30 |
| Beginning with the 1998-1999 school
year until the |
31 |
| 2004-2005 school year, the State Board of
Education shall |
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| annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th |
2 |
| grades in English language arts (reading, writing, and
English |
3 |
| grammar) and mathematics; and (ii) all pupils enrolled in the |
4 |
| 4th and
7th grades in the biological and physical sciences and |
5 |
| the social sciences
(history, geography, civics, economics, |
6 |
| and government).
Unless the testing required to be implemented |
7 |
| no later than the 2005-2006 school year under this subsection |
8 |
| (a) is implemented for the 2004-2005 school year, for the |
9 |
| 2004-2005 school year, the State Board of
Education shall test: |
10 |
| (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in |
11 |
| English language arts (reading and
English grammar) and |
12 |
| mathematics and (ii) all pupils enrolled in the 4th and
7th |
13 |
| grades in the biological and physical sciences. The maximum |
14 |
| time allowed for all actual testing required under this
|
15 |
| paragraph shall not exceed 25 hours, as allocated among the |
16 |
| required
tests by the State Board of Education, across all |
17 |
| grades tested.
|
18 |
| Beginning no later than the 2005-2006 school year, the |
19 |
| State
Board of Education shall annually test: (i) all pupils |
20 |
| enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in |
21 |
| reading and mathematics
and (ii) all pupils
enrolled in the 4th |
22 |
| and 7th grades in the biological and physical
sciences. In |
23 |
| addition, the State Board of Education shall test (1) all |
24 |
| pupils enrolled in the 5th and 8th grades in writing during the |
25 |
| 2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, |
26 |
| and 8th grades in writing during the 2007-2008 school year; and |
27 |
| (3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in |
28 |
| writing during the 2008-2009 school year and each school year |
29 |
| thereafter. After the addition of grades and change in subjects |
30 |
| as delineated in this paragraph and including whatever other
|
31 |
| tests that may be approved from time to time no later than the
|
32 |
| 2005-2006 school year, the maximum time allowed for all State |
33 |
| testing in
grades 3 through 8 shall not exceed 38 hours across |
34 |
| those grades.
|
35 |
| Beginning with the 2004-2005 school year, the State Board |
36 |
| of Education shall not test pupils under this subsection (a) in |
|
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| physical development and health, fine arts, and the social |
2 |
| sciences (history, geography, civics, economics, and |
3 |
| government). The State Board of Education shall not test pupils |
4 |
| under this subsection (a) in writing during the 2005-2006 |
5 |
| school year.
|
6 |
| The State Board of
Education shall establish the academic |
7 |
| standards that are to be applicable to
pupils who are subject |
8 |
| to State tests under this Section beginning with the
1998-1999 |
9 |
| school year. However, the State Board of Education shall not
|
10 |
| establish any such standards in final form without first |
11 |
| providing
opportunities for public participation and local |
12 |
| input in the development
of the final academic standards. Those |
13 |
| opportunities shall include a
well-publicized period of public |
14 |
| comment, public hearings throughout the State,
and |
15 |
| opportunities to file written comments. Beginning with the |
16 |
| 1998-99 school
year and thereafter, the State tests will |
17 |
| identify pupils in the 3rd grade or
5th grade who do not meet |
18 |
| the State standards. The State Board of Education shall develop |
19 |
| unique student identifiers for test takers that allow teachers |
20 |
| to have the information needed to teach to the ability of the |
21 |
| student.
|
22 |
| If, by performance on the State
tests or local assessments |
23 |
| or by teacher judgment, a student's performance is
determined |
24 |
| to be 2 or more grades below current placement, the student |
25 |
| shall be
provided a remediation program developed by the |
26 |
| district in consultation with a
parent or guardian. Such |
27 |
| remediation programs may include, but shall not be
limited to, |
28 |
| increased or concentrated instructional time, a remedial |
29 |
| summer
school program of not less than 90 hours, improved |
30 |
| instructional approaches,
tutorial sessions, retention in |
31 |
| grade, and modifications to instructional
materials. Each |
32 |
| pupil for whom a remediation program is developed under this
|
33 |
| subsection shall be required to enroll in and attend whatever |
34 |
| program the
district determines is appropriate for the pupil. |
35 |
| Districts may combine
students in remediation programs where |
36 |
| appropriate and may cooperate with other
districts in the |
|
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LRB094 19030 NHT 54525 b |
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| design and delivery of those programs. The parent or guardian
|
2 |
| of a student required to attend a remediation program under |
3 |
| this Section shall
be given written notice of that requirement |
4 |
| by the school district a reasonable
time prior to commencement |
5 |
| of the remediation program that the student is to
attend. The |
6 |
| State shall be responsible for providing school districts with |
7 |
| the
new and additional funding, under Section 2-3.51.5 or by |
8 |
| other or additional
means, that is required to enable the |
9 |
| districts to operate remediation programs
for the pupils who |
10 |
| are required to enroll in and attend those programs under
this |
11 |
| Section. Every individualized educational program as described |
12 |
| in Article
14 shall identify if the State test or components |
13 |
| thereof are appropriate for
that student. The State Board of |
14 |
| Education shall develop rules and
regulations governing the |
15 |
| administration of alternative tests prescribed within
each |
16 |
| student's individualized educational program which are |
17 |
| appropriate to the
disability of each student.
|
18 |
| All pupils who are in a State approved
transitional |
19 |
| bilingual education program or transitional program of |
20 |
| instruction
shall participate in the State
tests. The time |
21 |
| allotted to take the State tests, however, may be extended as
|
22 |
| determined by the State Board of Education by rule. Any student |
23 |
| who has been enrolled in a
State approved bilingual education |
24 |
| program less than 3 cumulative academic
years may take an |
25 |
| accommodated Limited English Proficient student academic |
26 |
| content assessment, as determined by the State Board of |
27 |
| Education, if the student's lack of English as determined by an |
28 |
| English
language
proficiency test would keep the student from |
29 |
| understanding the regular
State test. If the
school district |
30 |
| determines, on a case-by-case individual basis,
that a Limited |
31 |
| English Proficient student academic content assessment would |
32 |
| likely yield more accurate and reliable information on
what the |
33 |
| student knows and can do, the school district may make a
|
34 |
| determination to assess the student using a Limited English |
35 |
| Proficient student academic content assessment for a period |
36 |
| that does
not exceed 2 additional consecutive years, provided |
|
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LRB094 19030 NHT 54525 b |
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| that the student has
not yet reached a level of English |
2 |
| language proficiency sufficient to yield
valid and reliable |
3 |
| information on what the student knows and can do on
the regular |
4 |
| State test.
|
5 |
| Reasonable accommodations as prescribed by
the State Board |
6 |
| of Education shall be provided for individual students in the
|
7 |
| testing procedure. All test procedures prescribed by the State |
8 |
| Board of
Education shall require: (i) that each test used for |
9 |
| State and local student
testing under this Section identify by |
10 |
| name the pupil taking the test; (ii)
that the name of the pupil |
11 |
| taking the test be placed on the test at the time
the test is |
12 |
| taken; (iii) that the results or scores of each test taken |
13 |
| under
this Section by a pupil of the school district be |
14 |
| reported to that district and
identify by name the pupil who |
15 |
| received the reported results or scores; and
(iv) that the |
16 |
| results or scores of each test taken under this Section be made
|
17 |
| available to the parents of the pupil. In addition, in each |
18 |
| school year the highest
scores
attained by
a student on the |
19 |
| Prairie State Achievement
Examination administered under |
20 |
| subsection (c) of this Section and any Prairie
State |
21 |
| Achievement Awards received by the student shall become part
of |
22 |
| the student's permanent record and shall be entered on the |
23 |
| student's
transcript pursuant to regulations that the State |
24 |
| Board of Education shall
promulgate for that purpose in |
25 |
| accordance with Section 3 and subsection (e) of
Section 2 of |
26 |
| the Illinois School Student Records Act. Beginning with the
|
27 |
| 1998-1999 school year and in every school year thereafter, |
28 |
| scores received by
students on the State assessment tests |
29 |
| administered in grades 3 through 8 shall
be placed into |
30 |
| students' temporary records.
|
31 |
| The State Board of Education shall
establish a
period of |
32 |
| time, to be referred to as the State test window, in each |
33 |
| school year for which State
testing shall occur to meet the |
34 |
| objectives of this Section. However, if the
schools of a |
35 |
| district are closed and classes are not scheduled during any |
36 |
| week
that is established by the State Board of Education as the |
|
|
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SB2793 |
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|
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| State test
window, the school district may
(at the discretion |
2 |
| of the State Board of Education) move its State test
window one |
3 |
| week earlier or one week later than the established State test
|
4 |
| window, so long as
the school district gives the State Board of |
5 |
| Education written notice of its
intention to deviate from the |
6 |
| established schedule by December 1 of the school
year in which |
7 |
| falls the State test window established by the State
Board of |
8 |
| Education for
the testing.
|
9 |
| (a-5) All tests administered pursuant to this Section shall |
10 |
| be academically
based. For the purposes of this Section |
11 |
| "academically based tests" shall mean
tests consisting of |
12 |
| questions and answers that are measurable and quantifiable
to |
13 |
| measure the knowledge, skill, and ability of students in the |
14 |
| subject matters
covered by tests. The scoring of academically |
15 |
| based tests shall be reliable,
valid, unbiased and shall meet |
16 |
| the guidelines for test development and use
prescribed by the |
17 |
| American Psychological Association, the National Council of
|
18 |
| Measurement and Evaluation, and the American Educational |
19 |
| Research Association.
Academically based tests shall not |
20 |
| include assessments or evaluations of
attitudes, values, or |
21 |
| beliefs, or testing of personality, self-esteem, or
|
22 |
| self-concept. Nothing in this amendatory Act is intended, nor |
23 |
| shall it be
construed, to nullify, supersede, or contradict the |
24 |
| legislative intent on
academic testing expressed during the |
25 |
| passage of HB 1005/P.A. 90-296.
Nothing in this Section is |
26 |
| intended, nor shall it be construed, to nullify,
supersede, or |
27 |
| contradict the legislative intent on academic testing
|
28 |
| expressed in the preamble of this amendatory Act of the 93rd |
29 |
| General
Assembly.
|
30 |
| The State Board of Education shall monitor the use of
short |
31 |
| answer
questions in the math
and reading assessments or in |
32 |
| other assessments in order to demonstrate that the use of short
|
33 |
| answer questions results in a statistically significant |
34 |
| improvement in student
achievement as measured on the State |
35 |
| assessments for math and reading or on
other State assessments |
36 |
| and is
justifiable in terms of cost and student performance.
|
|
|
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SB2793 |
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LRB094 19030 NHT 54525 b |
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|
1 |
| (b) It shall be the policy of the State to encourage school |
2 |
| districts
to continuously test pupil proficiency in the |
3 |
| fundamental learning areas in
order to: (i) provide timely |
4 |
| information on individual students' performance
relative to |
5 |
| State standards that is adequate to guide instructional |
6 |
| strategies;
(ii) improve future instruction; and (iii) |
7 |
| complement the information provided
by the State testing system |
8 |
| described in this Section. Each district's school
improvement |
9 |
| plan must address specific activities the district intends to
|
10 |
| implement to assist pupils who by teacher judgment and test |
11 |
| results as
prescribed in subsection (a) of this Section |
12 |
| demonstrate that they are not
meeting State standards or local |
13 |
| objectives. Such activities may include, but
shall not be |
14 |
| limited to, summer school, extended school day, special |
15 |
| homework,
tutorial sessions, modified instructional materials, |
16 |
| other modifications in the
instructional program, reduced |
17 |
| class size or retention in grade. To assist
school districts in |
18 |
| testing pupil proficiency in reading in the primary grades,
the |
19 |
| State Board shall make optional reading inventories for |
20 |
| diagnostic purposes
available to each school district that |
21 |
| requests such assistance. Districts
that administer the |
22 |
| reading inventories may develop remediation programs for
|
23 |
| students who perform in the bottom half of the student |
24 |
| population. Those
remediation programs may be funded by moneys |
25 |
| provided under the School Safety
and Educational Improvement |
26 |
| Block Grant Program established under Section
2-3.51.5. |
27 |
| Nothing in this Section shall prevent school districts from
|
28 |
| implementing testing and remediation policies for grades not |
29 |
| required under
this Section.
|
30 |
| (c) Beginning with the 2000-2001 school year, each school |
31 |
| district that
operates a high school program for students in |
32 |
| grades 9 through 12 shall
annually administer the Prairie State |
33 |
| Achievement Examination
established under this subsection to |
34 |
| its students as set forth
below. The Prairie State Achievement |
35 |
| Examination shall be developed by
the State Board of Education |
36 |
| to measure student performance in the academic
areas of |
|
|
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| reading, writing, mathematics, science, and social sciences. |
2 |
| Beginning with the 2004-2005 school year, however, the State |
3 |
| Board of Education shall not test a student in the social |
4 |
| sciences (history, geography, civics, economics, and |
5 |
| government) as part of the Prairie State Achievement |
6 |
| Examination unless the student is retaking the Prairie State |
7 |
| Achievement Examination in the fall of 2004. In addition, the |
8 |
| State Board of Education shall not test a student in writing as |
9 |
| part of the Prairie State Achievement Examination during the |
10 |
| 2005-2006 school year. The
State Board of Education shall |
11 |
| establish the academic standards that are to
apply in measuring |
12 |
| student performance on the Prairie State Achievement
|
13 |
| Examination including the minimum examination score in each |
14 |
| area that will
qualify a student to receive a Prairie State |
15 |
| Achievement Award from the State
in recognition of the |
16 |
| student's excellent performance. Each school district
that is |
17 |
| subject to the requirements of this subsection (c) shall afford |
18 |
| all
students 2 opportunities to take the Prairie State |
19 |
| Achievement Examination
beginning as late as practical during |
20 |
| the second semester of grade 11, but in
no event before March |
21 |
| 1. The State Board of Education shall annually notify
districts |
22 |
| of the weeks during which these test administrations shall be
|
23 |
| required to occur. Every individualized educational program as |
24 |
| described in
Article 14 shall identify if the Prairie State |
25 |
| Achievement Examination or
components thereof are appropriate |
26 |
| for that student. Each student, exclusive of
a student whose |
27 |
| individualized educational program developed under Article 14
|
28 |
| identifies the Prairie State Achievement Examination as |
29 |
| inappropriate for the
student, shall be required to take the |
30 |
| examination in grade 11. For each
academic area the State Board |
31 |
| of Education shall establish the score that
qualifies for the |
32 |
| Prairie State Achievement Award on that portion of the
|
33 |
| examination. Any student who fails to earn a qualifying score |
34 |
| for a Prairie
State Achievement Award in any one or more of the |
35 |
| academic areas on the initial
test administration or who wishes |
36 |
| to improve his or her score on any portion of
the examination |
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| shall be permitted to retake such portion or portions of the
|
2 |
| examination during grade 12. Districts shall inform their |
3 |
| students of the
timelines and procedures applicable to their |
4 |
| participation in every yearly
administration of the Prairie |
5 |
| State Achievement Examination. Students
receiving special |
6 |
| education services whose individualized educational programs
|
7 |
| identify the Prairie State Achievement Examination as |
8 |
| inappropriate for them
nevertheless shall have the option of |
9 |
| taking the examination, which shall be
administered to those |
10 |
| students in accordance with standards adopted by the
State |
11 |
| Board of Education to accommodate the respective disabilities |
12 |
| of those
students. A student who successfully completes all |
13 |
| other applicable high
school graduation requirements but fails |
14 |
| to receive a score on the Prairie
State Achievement Examination |
15 |
| that qualifies the student for receipt of a
Prairie State |
16 |
| Achievement Award shall nevertheless qualify for the receipt
of |
17 |
| a regular high school diploma. In no case, however, shall a |
18 |
| student receive a regular high school diploma without taking |
19 |
| the Prairie State Achievement Examination, unless the student |
20 |
| is exempted from taking the Prairie State Achievement |
21 |
| Examination under this subsection (c) because (i) the student's |
22 |
| individualized educational program developed under Article 14 |
23 |
| of this Code identifies the Prairie State Achievement |
24 |
| Examination as inappropriate for the student, (ii) the student |
25 |
| is exempt due to the student's lack of English language |
26 |
| proficiency under subsection (a) of this Section, or (iii) the |
27 |
| student is enrolled in a program of Adult and Continuing |
28 |
| Education as defined in the Adult Education Act.
|
29 |
| (d) Beginning with the 2002-2003 school year, all schools |
30 |
| in this
State that are part of the sample drawn by the National |
31 |
| Center for
Education Statistics, in collaboration with their |
32 |
| school districts and the
State Board of Education, shall |
33 |
| administer the biennial State academic
assessments of 4th and |
34 |
| 8th grade reading and mathematics under the
National Assessment |
35 |
| of Educational Progress carried out under Section
m11(b)(2) of |
36 |
| the National Education Statistics Act of 1994 (20 U.S.C.
9010) |
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| if the Secretary of Education pays the costs of administering |
2 |
| the
assessments.
|
3 |
| (e) Beginning no later than the 2005-2006 school year, |
4 |
| subject to
available federal funds to this State for the |
5 |
| purpose of student
assessment, the State Board of Education |
6 |
| shall provide additional tests
and assessment resources that |
7 |
| may be used by school districts for local
diagnostic purposes. |
8 |
| These tests and resources shall include without
limitation |
9 |
| additional high school writing, physical development and
|
10 |
| health, and fine arts assessments. The State Board of Education |
11 |
| shall
annually distribute a listing of these additional tests |
12 |
| and resources,
using funds available from appropriations made |
13 |
| for student assessment
purposes.
|
14 |
| (f) For the assessment and accountability purposes of this |
15 |
| Section,
"all pupils" includes those pupils enrolled in a |
16 |
| public or
State-operated elementary school, secondary school, |
17 |
| or cooperative or
joint agreement with a governing body or |
18 |
| board of control, a charter
school operating in compliance with |
19 |
| the Charter Schools Law, a school
operated by a regional office |
20 |
| of education under Section 13A-3 of this
Code, or a public |
21 |
| school administered by a local public agency or the
Department |
22 |
| of Human Services.
|
23 |
| (Source: P.A. 93-426, eff. 8-5-03; 93-838, eff. 7-30-04; |
24 |
| 93-857, eff. 8-3-04; 94-69, eff. 7-1-05; 94-642, eff. 1-1-06; |
25 |
| revised 10-11-05.)
|
26 |
| (105 ILCS 5/17-1.10 new) |
27 |
| Sec. 17-1.10. Direct classroom expenditures. |
28 |
| (a) This Section applies beginning with the 2006-2007 |
29 |
| school year. |
30 |
| (b) In this Section: |
31 |
| "Direct classroom expenditures" means the amount defined |
32 |
| by the National Center of Educational Statistics of the United |
33 |
| States Department of Education. |
34 |
| "Total operating expenditures" includes all operating |
35 |
| expenditures incurred for the benefit of elementary and |
|
|
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| secondary education during that school year, except capital |
2 |
| expenditures. Debt service is a nonoperating expenditure. |
3 |
| (c) A school district must spend at least 65% of its total |
4 |
| operating expenditures on direct classroom expenditures. If a |
5 |
| school district's direct classroom expenditures for the |
6 |
| 2006-2007 school year are less than 65% of its total operating |
7 |
| expenditures, then the district must increase its direct |
8 |
| classroom expenditures by at least 2 percentage points per |
9 |
| school year beginning with the 2007-2008 school year until at |
10 |
| least 65% of the district's total operating expenditures are |
11 |
| spent on direct classroom expenditures. |
12 |
| (d) At the end of each school year, the district |
13 |
| superintendent must submit to the State Superintendent of |
14 |
| Education a letter signed by the district superintendent |
15 |
| certifying the percentage of the school district's total |
16 |
| operating expenditures that were actually spent on direct |
17 |
| classroom expenditures for that school year. |
18 |
| (e) A school district that is unable to meet the |
19 |
| requirements of subsection (c) of this Section due to special |
20 |
| circumstances may apply for a one-year, renewable waiver |
21 |
| pursuant to Section 2-3.25g of this Code. The waiver request |
22 |
| must list the reasons why the district's direct classroom |
23 |
| expenditures cannot meet the requirements of subsection (c) of |
24 |
| this Section and describe the changes the district intends to |
25 |
| make in the subsequent year in order to meet the requirements |
26 |
| of subsection (c) of this Section. |
27 |
| (105 ILCS 5/34-43.5 new)
|
28 |
| Sec. 34-43.5. Direct classroom expenditures. |
29 |
| (a) This Section applies beginning with the 2006-2007 |
30 |
| school year. |
31 |
| (b) In this Section: |
32 |
| "Direct classroom expenditures" means the amount defined |
33 |
| by the National Center of Educational Statistics of the United |
34 |
| States Department of Education. |
35 |
| "Total operating expenditures" includes all operating |
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| expenditures incurred for the benefit of elementary and |
2 |
| secondary education during that school year, except capital |
3 |
| expenditures. Debt service is a nonoperating expenditure. |
4 |
| (c) The school district must spend at least 65% of its |
5 |
| total operating expenditures on direct classroom expenditures. |
6 |
| If the school district's direct classroom expenditures for the |
7 |
| 2006-2007 school year are less than 65% of its total operating |
8 |
| expenditures, then the district must increase its direct |
9 |
| classroom expenditures by at least 2 percentage points per |
10 |
| school year beginning with the 2007-2008 school year until at |
11 |
| least 65% of the district's total operating expenditures are |
12 |
| spent on direct classroom expenditures. |
13 |
| (d) At the end of each school year, the general |
14 |
| superintendent of schools must submit to the State |
15 |
| Superintendent of Education a letter signed by the general |
16 |
| superintendent of schools certifying the percentage of the |
17 |
| school district's total operating expenditures that were |
18 |
| actually spent on direct classroom expenditures for that school |
19 |
| year. |
20 |
| (e) If the school district is unable to meet the |
21 |
| requirements of subsection (c) of this Section due to special |
22 |
| circumstances, then the district may apply for a one-year, |
23 |
| renewable waiver pursuant to Section 2-3.25g of this Code. The |
24 |
| waiver request must list the reasons why the district's direct |
25 |
| classroom expenditures cannot meet the requirements of |
26 |
| subsection (c) of this Section and describe the changes the |
27 |
| district intends to make in the subsequent year in order to |
28 |
| meet the requirements of subsection (c) of this Section.
|
29 |
| Section 900. The State Mandates Act is amended by adding |
30 |
| Section 8.30 as
follows:
|
31 |
| (30 ILCS 805/8.30 new)
|
32 |
| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 |
33 |
| of this
Act, no reimbursement by the State is required for the |
34 |
| implementation of
any mandate created by this amendatory Act of |