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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Section | ||||||||||||||||||||||||||
5 | 1A-12 as follows: | ||||||||||||||||||||||||||
6 | (105 ILCS 5/1A-12 new) | ||||||||||||||||||||||||||
7 | Sec. 1A-12. Powers of the State Board in assisting schools | ||||||||||||||||||||||||||
8 | and districts deemed in academic
difficulties. | ||||||||||||||||||||||||||
9 | (a) To promote the academic integrity of schools and school | ||||||||||||||||||||||||||
10 | districts, the
State Board of Education shall have the | ||||||||||||||||||||||||||
11 | necessary powers to promote
sound academic management and to | ||||||||||||||||||||||||||
12 | continue operation of the public schools.
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13 | (b) The State Board of Education, after proper | ||||||||||||||||||||||||||
14 | investigation of the school or school district's
academic | ||||||||||||||||||||||||||
15 | condition, may certify that a school or district, including a | ||||||||||||||||||||||||||
16 | school or district
subject to Article 34 of this Code, is in | ||||||||||||||||||||||||||
17 | academic difficulty
if any of the following circumstances | ||||||||||||||||||||||||||
18 | occur:
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19 | (1) The school or district has been placed on academic | ||||||||||||||||||||||||||
20 | early warning status and has failed to make adequate yearly | ||||||||||||||||||||||||||
21 | progress for a third consecutive year.
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22 | (2) The school or district has been placed on academic | ||||||||||||||||||||||||||
23 | watch status.
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1 | (3) The district has failed to produce an acceptable | ||||||
2 | school improvement plan following placement of the school | ||||||
3 | or district on academic early warning status or academic | ||||||
4 | watch status.
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5 | (4) The school or district has failed to provide the | ||||||
6 | required percentage of highly qualified teachers to its | ||||||
7 | students for 2 consecutive years and is determined to be in | ||||||
8 | need of intervention by the State Board.
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9 | (5) The school or district has been engaged in | ||||||
10 | documented and substantiated acts of mismanagement in | ||||||
11 | regard to hiring practices, including without limitation | ||||||
12 | the hiring of persons who do not meet minimal certification | ||||||
13 | requirements for the positions being filled whether due to | ||||||
14 | the submission of falsified credentials or simply a lack of | ||||||
15 | credentials, that has placed the academic integrity of the | ||||||
16 | school or district in question or has placed students in | ||||||
17 | physical danger and that is determined to be in need of | ||||||
18 | intervention by the State Board.
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19 | (c) A school or school district must not be certified to be | ||||||
20 | in academic difficulty by
reason of any of the circumstances | ||||||
21 | listed under subsection (b) of this Section arising as a result | ||||||
22 | of the failure
of the county to make a distribution of property | ||||||
23 | tax money due to the district
at the time the distribution is | ||||||
24 | due or if the school or district clearly demonstrates
to the | ||||||
25 | satisfaction of the State Board of Education at the time of the | ||||||
26 | State Board's
determination that none of the circumstances |
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1 | listed under subsection (b) of this Section exists any longer. | ||||||
2 | (d) If the State Board of Education certifies that a school | ||||||
3 | or school district subject to Article 34 of this Code is in | ||||||
4 | academic difficulty, the State Board shall so notify the
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5 | Governor and the mayor of the city where the district is | ||||||
6 | located. | ||||||
7 | (e) The
State Board of Education may require a school or | ||||||
8 | school district that is certified to be in
academic difficulty, | ||||||
9 | except a school or district subject to Article 34 of this Code, | ||||||
10 | to
develop, adopt, and submit an academic improvement plan | ||||||
11 | within 45 days after
certification of academic difficulty. The | ||||||
12 | plan must be
developed according to guidelines presented to the | ||||||
13 | district by the State
Board within 14 days after certification. | ||||||
14 | The guidelines shall
address the specific nature of the | ||||||
15 | school's or district's academic difficulties. Any
proposed | ||||||
16 | local academic improvement plan of the school or district must | ||||||
17 | be consistent with the academic improvement plan
approved by | ||||||
18 | the State Board.
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19 | A school or district certified to be in academic | ||||||
20 | difficulty, other than a school or district
subject to Article | ||||||
21 | 34 of this Code, shall report to the State Board of Education, | ||||||
22 | at
such times and in such manner as the State Board may direct, | ||||||
23 | concerning the
school's or district's compliance with the | ||||||
24 | academic improvement plan approved by the State Board. The | ||||||
25 | State Board may review
the school's or district's operations; | ||||||
26 | obtain relevant employee information; obtain information on |
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1 | curricula standards, plans, and practices;
require the school | ||||||
2 | or district to produce reports; and have access to any other
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3 | information in the possession of the school or district that | ||||||
4 | the State Board deems relevant. | ||||||
5 | In a school's or district's first year of certified | ||||||
6 | academic difficulty, other than a school or district subject to | ||||||
7 | Article 34 of this Code, the State Board may advise the school | ||||||
8 | or district on recommended or suggested methods of improving | ||||||
9 | academic success in the school or district consistent with the | ||||||
10 | school's or district's academic improvement plan approved by | ||||||
11 | the State Board. The school or district may or may not accept | ||||||
12 | or adopt these recommendations. | ||||||
13 | In a school's or district's second year of certified | ||||||
14 | academic difficulty, other than a school or district subject to | ||||||
15 | Article 34 of this Code, the
State Board may issue | ||||||
16 | recommendations or directives, within the State Board's | ||||||
17 | powers, to
the school or district to ensure compliance with the | ||||||
18 | academic improvement plan approved by the State Board. The | ||||||
19 | school or district
shall produce such data, statements, | ||||||
20 | reports, and other
information as required by the State Board | ||||||
21 | and comply with the State Board's directives. | ||||||
22 | If the State Board
determines that a school or district, | ||||||
23 | other than a school or district subject to Article 34 of this | ||||||
24 | Code, has failed to comply with the academic improvement plan | ||||||
25 | approved by the State Board, then the
State Board may rescind | ||||||
26 | approval of the plan and appoint an Academic Oversight Panel |
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1 | for the school or district. The Academic Oversight Panel may | ||||||
2 | exercise veto power over school board decisions concerning the | ||||||
3 | school or district, whichever is applicable, in an effort to | ||||||
4 | ensure that the academic improvement plan is pursued as needed. | ||||||
5 | This
action may be taken only after the school or district has | ||||||
6 | been given notice and an
opportunity to appear before the State | ||||||
7 | Board to discuss the school's or district's
failure to comply | ||||||
8 | with the academic improvement plan. If the Academic Oversight | ||||||
9 | Panel fails to assist a school or district in meeting adequate | ||||||
10 | yearly progress for 2 consecutive years, then the State Board | ||||||
11 | shall establish a School Academic Authority Panel or District | ||||||
12 | Academic Authority Panel, whichever is applicable, to exercise | ||||||
13 | all of the powers and duties belonging to the school board | ||||||
14 | concerning the school or district, whichever is applicable, | ||||||
15 | which powers and duties are deemed transferred to the Panel | ||||||
16 | upon establishment of the Panel.
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17 | (f) The State Board of Education may adopt any rules that | ||||||
18 | are necessary to carry out its responsibilities under this | ||||||
19 | Section.
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.31 as follows: | ||||||
22 | (30 ILCS 805/8.31 new) | ||||||
23 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
24 | of this Act, no reimbursement by the State is required for the |
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1 | implementation of any mandate created by this amendatory Act of | ||||||
2 | the 95th General Assembly.
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