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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. "An Act concerning education", approved August | ||||||||||||||||||||||||
5 | 20, 2021, Public Act 102-466, is amended by changing Section | ||||||||||||||||||||||||
6 | 99 as follows: | ||||||||||||||||||||||||
7 | (P.A. 102-466, Sec. 99)
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8 | Sec. 99. Effective date. This Section and the provisions | ||||||||||||||||||||||||
9 | adding Section 26A-15 of the School Code take effect on July 1, | ||||||||||||||||||||||||
10 | 2022. The remainder of this This Act takes effect July 1, 2025.
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11 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||||||||||||||||||||
12 | Section 10. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
13 | Sections 18-50.1 and 18-241 as follows:
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14 | (35 ILCS 200/18-50.1)
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15 | Sec. 18-50.1. School Finance Authority and Financial | ||||||||||||||||||||||||
16 | Oversight Panel levies.
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17 | (a) (Blank). Notwithstanding any other law to the | ||||||||||||||||||||||||
18 | contrary, any
levy adopted by a School Finance Authority | ||||||||||||||||||||||||
19 | created under Article 1F of
the School Code is valid and shall | ||||||||||||||||||||||||
20 | be extended by the county clerk if it is
certified to the | ||||||||||||||||||||||||
21 | county clerk by the Authority in sufficient time to allow
the |
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1 | county clerk to include the levy in the extension for the | ||||||
2 | taxable year.
| ||||||
3 | (b) Notwithstanding any other law to the contrary, any | ||||||
4 | levy adopted by a Financial Oversight Panel created under | ||||||
5 | Article 1H of the School Code and levied pursuant to Section | ||||||
6 | 1H-75 of the School Code is valid and shall be extended by the | ||||||
7 | county clerk if it is certified to the county clerk by the | ||||||
8 | Panel in sufficient time to allow the county clerk to include | ||||||
9 | the levy in the extension for the taxable year. | ||||||
10 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
11 | (35 ILCS 200/18-241)
| ||||||
12 | Sec. 18-241. School Finance Authority and Financial | ||||||
13 | Oversight Panel.
| ||||||
14 | (a) A School Finance Authority established under Article | ||||||
15 | 1E or 1F of
the School Code shall not be a taxing district for | ||||||
16 | purposes of this Law. A Financial Oversight Panel established | ||||||
17 | under Article 1H of the School Code shall not be a taxing | ||||||
18 | district for purposes of this Law.
| ||||||
19 | (b) This Law shall not apply to the extension of taxes for | ||||||
20 | a
school district for the levy year in which a School Finance
| ||||||
21 | Authority for the district is created pursuant to Article 1E | ||||||
22 | or 1F of the
School Code. This Law shall not apply to the | ||||||
23 | extension of taxes for the purpose of repaying an emergency | ||||||
24 | financial assistance loan levied pursuant to Section 1H-65 of | ||||||
25 | the School Code.
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| |||||||
1 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
2 | Section 15. The Illinois Pension Code is amended by | ||||||
3 | changing Section 17-130 as follows:
| ||||||
4 | (40 ILCS 5/17-130) (from Ch. 108 1/2, par. 17-130)
| ||||||
5 | Sec. 17-130. Participants' contributions by payroll | ||||||
6 | deductions.
| ||||||
7 | (a) There shall be deducted from the salary of each | ||||||
8 | teacher 7.50% of his salary for service or disability | ||||||
9 | retirement pension and
0.5% of salary for the annual increase | ||||||
10 | in base pension.
| ||||||
11 | In addition, there shall be deducted from the salary of | ||||||
12 | each teacher
1% of his salary for survivors' and children's | ||||||
13 | pensions.
| ||||||
14 | (b) An Employer and any employer of eligible contributors | ||||||
15 | as defined in
Section 17-106 is authorized to make the | ||||||
16 | necessary deductions from the salaries
of its teachers. Such | ||||||
17 | amounts shall be included as a part of the Fund. An
Employer | ||||||
18 | and any employer of eligible contributors as defined in | ||||||
19 | Section 17-106
shall formulate such rules and regulations as | ||||||
20 | may be necessary to give effect
to the provisions of this | ||||||
21 | Section.
| ||||||
22 | (c) All persons employed as teachers shall, by such | ||||||
23 | employment,
accept the provisions of this Article and of | ||||||
24 | Sections 34-83.1 34-83 to 34-85,
inclusive, of the School Code |
| |||||||
| |||||||
1 | "The School Code", approved March 18, 1961, as amended,
and | ||||||
2 | thereupon become contributors to the Fund in accordance with | ||||||
3 | the
terms thereof. The provisions of this Article and of those | ||||||
4 | Sections
shall become a part of the contract of employment.
| ||||||
5 | (d) A person who (i) was a member before July 1, 1998, (ii) | ||||||
6 | retires with
more than 34 years of creditable service, and | ||||||
7 | (iii) does not elect to qualify
for the augmented rate under | ||||||
8 | Section 17-119.1 shall be entitled, at the time of
retirement, | ||||||
9 | to receive a partial refund of contributions made under this
| ||||||
10 | Section for service occurring after the later of June 30, 1998 | ||||||
11 | or attainment of
34 years of creditable service, in an amount | ||||||
12 | equal to 1.00% of the salary upon
which those contributions | ||||||
13 | were based.
| ||||||
14 | (Source: P.A. 97-8, eff. 6-13-11.)
| ||||||
15 | Section 20. The School Code is amended by changing | ||||||
16 | Sections 1A-4, 1B-6, 1B-7.10, 1B-8, 1E-35, 1E-40, 1H-30, | ||||||
17 | 2-3.9, 2-3.11d, 2-3.25i, 2-3.103, 2-3.146, 10-21.7, 10-21.9, | ||||||
18 | 10-22.18, 10-22.23, 10-22.23a, 10-22.24a, 10-22.34, 10-22.34a, | ||||||
19 | 10-22.34b, 10-29, 13B-25.20, 13B-65, 13B-65.5, 14-1.09b, | ||||||
20 | 14-1.09.1, 14-1.09.2, 14-6.04, 14-7.05, 14-8.02d, 14-9.01, | ||||||
21 | 14-17, 18-8.15, 21B-20, 22-81, 27-23.12, 34-1.1, 34-2.3, | ||||||
22 | 34-2.4a, 34-8.1, 34-18, 34-18.5, 34-18.10, and 34-43.1 as | ||||||
23 | follows:
| ||||||
24 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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1 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
2 | A. (Blank).
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3 | B. The Board shall determine the qualifications of and | ||||||
4 | appoint a
chief education officer, to be known as the State | ||||||
5 | Superintendent of
Education, who may be proposed by the | ||||||
6 | Governor and who shall serve at the pleasure of the Board and | ||||||
7 | pursuant to a
performance-based contract linked to statewide | ||||||
8 | student performance and academic
improvement within Illinois | ||||||
9 | schools. Upon expiration or buyout of the contract of the | ||||||
10 | State Superintendent of Education in office on the effective | ||||||
11 | date of this amendatory Act of the 93rd General Assembly, a | ||||||
12 | State Superintendent of Education shall be appointed by a | ||||||
13 | State Board of Education that includes the 7 new Board members | ||||||
14 | who were appointed to fill seats of members whose terms were | ||||||
15 | terminated on the effective date of this amendatory Act of the | ||||||
16 | 93rd General Assembly. Thereafter, a State Superintendent of | ||||||
17 | Education must, at a minimum, be appointed at the beginning of | ||||||
18 | each term of a Governor after that Governor has made | ||||||
19 | appointments to the Board. A performance-based
contract issued | ||||||
20 | for the employment of a State Superintendent of
Education | ||||||
21 | entered into on or after the effective date of this amendatory | ||||||
22 | Act of the 93rd General Assembly must expire no later than | ||||||
23 | February 1, 2007, and subsequent contracts must expire no | ||||||
24 | later than February 1 each 4 years thereafter. No contract
| ||||||
25 | shall be
extended or renewed beyond February 1, 2007 and | ||||||
26 | February 1 each 4 years thereafter, but a State Superintendent |
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1 | of Education shall serve until his or her successor is | ||||||
2 | appointed. Each contract entered into on or before January 8, | ||||||
3 | 2007 with a State Superintendent of Education must provide | ||||||
4 | that the State Board of Education may terminate the contract | ||||||
5 | for cause, and the State Board of Education shall not | ||||||
6 | thereafter be liable for further payments under the contract. | ||||||
7 | With regard to this amendatory Act of the 93rd General | ||||||
8 | Assembly, it is the intent of the General Assembly that, | ||||||
9 | beginning with the Governor who takes office on the second | ||||||
10 | Monday of January, 2007, a State Superintendent of Education | ||||||
11 | be appointed at the beginning of each term of a Governor after | ||||||
12 | that Governor has made appointments to the Board. The State
| ||||||
13 | Superintendent of Education shall not serve as a member of the | ||||||
14 | State
Board of Education. The Board shall set the compensation | ||||||
15 | of the State
Superintendent of Education who shall serve as | ||||||
16 | the Board's chief
executive officer. The Board shall also | ||||||
17 | establish the duties, powers and
responsibilities of the State | ||||||
18 | Superintendent, which shall be included in the
State | ||||||
19 | Superintendent's performance-based contract along with the | ||||||
20 | goals and
indicators of student performance and academic | ||||||
21 | improvement used to measure the
performance and effectiveness | ||||||
22 | of the State Superintendent.
The State Board of Education may | ||||||
23 | delegate
to the State Superintendent of Education the | ||||||
24 | authority to act on the Board's
behalf, provided such | ||||||
25 | delegation is made pursuant to adopted board policy
or the | ||||||
26 | powers delegated are ministerial in nature. The State Board |
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1 | may
not delegate authority under this Section to the State | ||||||
2 | Superintendent to
(1) nonrecognize school districts, (2) | ||||||
3 | withhold State payments as a penalty,
or (3) make final | ||||||
4 | decisions under the contested case provisions of the Illinois
| ||||||
5 | Administrative Procedure Act unless otherwise provided by law.
| ||||||
6 | C. The powers and duties of the State Board of Education | ||||||
7 | shall encompass all
duties delegated to the Office of | ||||||
8 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
9 | except as the law providing for such powers and duties is
| ||||||
10 | thereafter amended, and such other powers and duties as the | ||||||
11 | General Assembly
shall designate. The Board shall be | ||||||
12 | responsible for the educational policies
and guidelines for | ||||||
13 | public schools, pre-school through grade
12 and Vocational | ||||||
14 | Education in the State of Illinois. The Board shall
analyze | ||||||
15 | the present and future aims, needs, and requirements of
| ||||||
16 | education in the State of Illinois and recommend to the | ||||||
17 | General Assembly
the powers which should be exercised by the | ||||||
18 | Board. The Board shall
recommend the passage and the | ||||||
19 | legislation necessary to determine the
appropriate | ||||||
20 | relationship between the Board and local boards of education
| ||||||
21 | and the various State agencies and shall recommend desirable
| ||||||
22 | modifications in the laws which affect schools.
| ||||||
23 | D. Two members of the Board shall be appointed by the | ||||||
24 | chairperson
to serve on a standing joint Education Committee, | ||||||
25 | 2 others shall be
appointed from the Board of Higher | ||||||
26 | Education, 2
others shall be appointed by the chairperson of |
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| |||||||
1 | the
Illinois Community College Board, and 2 others shall be | ||||||
2 | appointed by the
chairperson of the Human Resource Investment | ||||||
3 | Council. The
Committee shall be
responsible for making | ||||||
4 | recommendations concerning the submission of any
workforce | ||||||
5 | development plan or workforce training program required by | ||||||
6 | federal
law or under any block grant authority. The Committee | ||||||
7 | will be
responsible for developing policy on matters of mutual | ||||||
8 | concern to
elementary, secondary and higher education such as | ||||||
9 | Occupational and
Career Education, Teacher Preparation and | ||||||
10 | Licensure Certification , Educational
Finance, Articulation | ||||||
11 | between Elementary, Secondary and Higher Education
and | ||||||
12 | Research and Planning. The joint Education Committee shall | ||||||
13 | meet at
least quarterly and submit an annual report of its | ||||||
14 | findings,
conclusions, and recommendations to the State Board | ||||||
15 | of Education, the Board of
Higher Education, the Illinois | ||||||
16 | Community College Board,
the Human Resource Investment | ||||||
17 | Council, the Governor, and the
General
Assembly. All meetings | ||||||
18 | of this Committee shall be official meetings for
reimbursement | ||||||
19 | under this Act. On the effective date of this amendatory Act of | ||||||
20 | the 95th General Assembly, the Joint Education Committee is | ||||||
21 | abolished.
| ||||||
22 | E. Five members of the Board shall constitute a quorum. A
| ||||||
23 | majority
vote of the members appointed, confirmed and serving | ||||||
24 | on the Board is
required to approve any action, except that the | ||||||
25 | 7 new Board members who were appointed to fill seats of members | ||||||
26 | whose terms were terminated on the effective date of this |
| |||||||
| |||||||
1 | amendatory act of the 93rd General Assembly may vote to | ||||||
2 | approve actions when appointed and serving.
| ||||||
3 | Using the most recently available data, the Board shall | ||||||
4 | prepare and submit to the General Assembly and the
Governor on | ||||||
5 | or before January 14, 1976 and annually thereafter a report
or | ||||||
6 | reports of its findings and recommendations. Such annual | ||||||
7 | report shall
contain a separate section which provides a | ||||||
8 | critique and analysis of the
status of education in Illinois | ||||||
9 | and which identifies its specific problems
and recommends | ||||||
10 | express solutions therefor.
Such annual report also shall | ||||||
11 | contain the following information for the
preceding year | ||||||
12 | ending on June 30: each act or omission of a school district
of | ||||||
13 | which the State Board of Education has knowledge as a | ||||||
14 | consequence of
scheduled, approved visits and which | ||||||
15 | constituted a
failure by the district to comply with | ||||||
16 | applicable State or federal laws or
regulations relating to | ||||||
17 | public education, the name of such district, the date
or dates | ||||||
18 | on which the State Board of Education notified the school | ||||||
19 | district of
such act or omission, and what action, if any, the | ||||||
20 | school district took with
respect thereto after being notified | ||||||
21 | thereof by the State Board of Education.
The report shall also | ||||||
22 | include the statewide high school dropout rate by
grade level, | ||||||
23 | sex and race and the annual student dropout rate of and the
| ||||||
24 | number of students who graduate from, transfer from or | ||||||
25 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
26 | annually perform a
compliance audit of the State Board of |
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| |||||||
1 | Education's performance of the
reporting duty imposed by this | ||||||
2 | amendatory Act of 1986. A regular system of
communication with | ||||||
3 | other directly related State agencies shall be
implemented.
| ||||||
4 | The requirement for reporting to the General Assembly | ||||||
5 | shall be satisfied
by filing copies of the report with the | ||||||
6 | Speaker, the Minority Leader and
the Clerk of the House of | ||||||
7 | Representatives and the President, the Minority
Leader and the | ||||||
8 | Secretary of the Senate and the Legislative Council, as | ||||||
9 | required
by Section 3.1 of the General
Assembly Organization | ||||||
10 | Act, and
filing such additional
copies with the State | ||||||
11 | Government Report Distribution Center for the General
Assembly | ||||||
12 | as is required under paragraph (t) of Section 7 of the State | ||||||
13 | Library
Act.
| ||||||
14 | F. Upon appointment of the 7 new Board members who were | ||||||
15 | appointed to fill seats of members whose terms were terminated | ||||||
16 | on the effective date of this amendatory Act of the 93rd | ||||||
17 | General Assembly, the Board shall review all of its current | ||||||
18 | rules in an effort to streamline procedures, improve | ||||||
19 | efficiency, and eliminate unnecessary forms and paperwork.
| ||||||
20 | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| ||||||
21 | (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
| ||||||
22 | Sec. 1B-6. General powers. The purpose of the Financial | ||||||
23 | Oversight Panel
shall be to exercise financial control over | ||||||
24 | the board of education, and, when
approved by the State Board | ||||||
25 | and the State Superintendent of Education, to
furnish |
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1 | financial assistance so that the board can provide public | ||||||
2 | education
within the board's jurisdiction while permitting the | ||||||
3 | board to meet its
obligations to its creditors and the holders | ||||||
4 | of its notes and bonds.
Except as expressly limited by this | ||||||
5 | Article, the Panel shall have all
powers necessary to meet its | ||||||
6 | responsibilities and to carry out its purposes
and the | ||||||
7 | purposes of this Article, including, but not limited to, the | ||||||
8 | following
powers:
| ||||||
9 | (a) to sue and be sued;
| ||||||
10 | (b) to provide for its organization and internal
| ||||||
11 | management;
| ||||||
12 | (c) to appoint a Financial Administrator to serve as
| ||||||
13 | the chief executive officer of the Panel. The Financial
| ||||||
14 | Administrator may be an individual, partnership,
| ||||||
15 | corporation, including an accounting firm, or other entity
| ||||||
16 | determined by the Panel to be qualified to serve; and to
| ||||||
17 | appoint other officers, agents, and employees of the | ||||||
18 | Panel,
define their duties and qualifications and fix | ||||||
19 | their
compensation and employee benefits;
| ||||||
20 | (d) to approve the local board of education | ||||||
21 | appointments to the
positions of treasurer in a Class I | ||||||
22 | county school unit and in each school
district which forms | ||||||
23 | a part of a Class II county school unit but which no
longer | ||||||
24 | is subject to the jurisdiction and authority of a township | ||||||
25 | treasurer
or trustees of schools of a township because the | ||||||
26 | district has withdrawn
from the jurisdiction and authority |
| |||||||
| |||||||
1 | of the township treasurer and the
trustees of schools of | ||||||
2 | the township or because those offices have been
abolished | ||||||
3 | as provided in subsection (b) or (c) of Section 5-1,
and | ||||||
4 | chief school business official, if such official is not | ||||||
5 | the
superintendent of the district. Either the board or | ||||||
6 | the Panel may remove
such treasurer or chief school | ||||||
7 | business official;
| ||||||
8 | (e) to approve any and all bonds, notes, teachers
| ||||||
9 | orders, tax anticipation warrants, and other evidences of
| ||||||
10 | indebtedness prior to issuance or sale by the school
| ||||||
11 | district; and notwithstanding any other provision of The | ||||||
12 | School Code, as
now or hereafter amended, no bonds, notes, | ||||||
13 | teachers orders, tax
anticipation warrants or other | ||||||
14 | evidences of indebtedness shall be issued or
sold by the | ||||||
15 | school district or be legally binding upon or enforceable
| ||||||
16 | against the local board of education unless and until the | ||||||
17 | approval of the
Panel has been received;
| ||||||
18 | (f) to approve all property tax levies of the school
| ||||||
19 | district and require adjustments thereto as the Panel | ||||||
20 | deems
necessary or advisable;
| ||||||
21 | (g) to require and approve a school district financial | ||||||
22 | plan;
| ||||||
23 | (h) to approve and require revisions of the school | ||||||
24 | district budget;
| ||||||
25 | (i) to approve all contracts and other obligations as
| ||||||
26 | the Panel deems necessary and appropriate;
|
| |||||||
| |||||||
1 | (j) to authorize emergency State financial assistance,
| ||||||
2 | including requirements regarding the terms and conditions | ||||||
3 | of
repayment of such assistance, and to require the board | ||||||
4 | of
education to levy a separate local property tax, | ||||||
5 | subject to
the limitations of Section 1B-8, sufficient to | ||||||
6 | repay such
assistance consistent with the terms and | ||||||
7 | conditions of
repayment and the district's approved | ||||||
8 | financial plan and
budget;
| ||||||
9 | (k) to request the regional superintendent to make | ||||||
10 | appointments to
fill all vacancies on the local school | ||||||
11 | board as provided in Section 10-10;
| ||||||
12 | (l) to recommend dissolution or reorganization of the | ||||||
13 | school district
to the General Assembly if in the Panel's | ||||||
14 | judgment the
circumstances so require;
| ||||||
15 | (m) to direct a phased reduction in the oversight | ||||||
16 | responsibilities of
the Financial Administrator and of the | ||||||
17 | Panel as the circumstances permit;
| ||||||
18 | (n) to determine the amount of emergency State
| ||||||
19 | financial assistance to be made available to the school
| ||||||
20 | district, and to establish an operating budget for the | ||||||
21 | Panel
to be supported by funds available from such | ||||||
22 | assistance,
with the assistance and the budget required to | ||||||
23 | be approved
by the State Superintendent;
| ||||||
24 | (o) to procure insurance against any loss in such
| ||||||
25 | amounts and from such insurers as it deems necessary;
| ||||||
26 | (p) to engage the services of consultants for
|
| |||||||
| |||||||
1 | rendering professional and technical assistance and advice
| ||||||
2 | on matters within the Panel's power;
| ||||||
3 | (q) to contract for and to accept any gifts, grants or
| ||||||
4 | loans of funds or property or financial or other aid in any
| ||||||
5 | form from the federal government, State government, unit | ||||||
6 | of
local government, school district or any agency or
| ||||||
7 | instrumentality thereof, or from any other private or | ||||||
8 | public
source, and to comply with the terms and conditions | ||||||
9 | thereof;
| ||||||
10 | (r) to pay the expenses of its operations based on the
| ||||||
11 | Panel's budget as approved by the State Superintendent | ||||||
12 | from
emergency financial assistance funds available to the
| ||||||
13 | district or from deductions from the district's general | ||||||
14 | State aid or evidence-based funding;
| ||||||
15 | (s) to do any and all things necessary or convenient
| ||||||
16 | to carry out its purposes and exercise the powers given to
| ||||||
17 | the Panel by this Article; and
| ||||||
18 | (t) (blank). to recommend the creation of a school | ||||||
19 | finance authority
pursuant to Article 1F of this Code.
| ||||||
20 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
21 | (105 ILCS 5/1B-7.10) | ||||||
22 | Sec. 1B-7.10. Hiring of a chief fiscal officer. | ||||||
23 | (a) In lieu of a Financial Oversight Panel Financial | ||||||
24 | Administrator under Section 1B-7 of this Code, a school | ||||||
25 | district under the authority of a Financial Oversight Panel, |
| |||||||
| |||||||
1 | after consultation with the Financial Oversight Panel, may | ||||||
2 | appoint a chief fiscal officer who, under the direction of the | ||||||
3 | school board and Financial Oversight Panel, shall have the | ||||||
4 | powers and duties of the district's chief school business | ||||||
5 | official and any other duties regarding budgeting, accounting, | ||||||
6 | and other financial matters that are assigned by the school | ||||||
7 | board or Financial Oversight Panel in accordance with this | ||||||
8 | Code. The district may not employ a chief school business | ||||||
9 | official during the period that the chief fiscal officer is | ||||||
10 | serving in the district. The chief fiscal officer may but is | ||||||
11 | not required to hold an educator license a certificate with a | ||||||
12 | chief school business official endorsement issued under | ||||||
13 | Article 21B 21 of this Code. | ||||||
14 | (b) The Financial Oversight Panel shall have the final | ||||||
15 | approval of the chief fiscal officer position under this | ||||||
16 | Section as well as the person, based upon his or her skills to | ||||||
17 | fulfill the position.
| ||||||
18 | (Source: P.A. 96-401, eff. 8-13-09.)
| ||||||
19 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||||||
20 | Sec. 1B-8. There is created in the State Treasury a
| ||||||
21 | special fund to be known as the School District Emergency
| ||||||
22 | Financial Assistance Fund (the "Fund"). The School District | ||||||
23 | Emergency
Financial Assistance Fund shall consist of | ||||||
24 | appropriations, loan repayments, grants from the
federal | ||||||
25 | government, and donations from any public or private source. |
| |||||||
| |||||||
1 | Moneys in
the Fund
may be appropriated only to the Illinois | ||||||
2 | Finance Authority and
the State Board for
those purposes | ||||||
3 | authorized under this Article and Article Articles
1F and 1H | ||||||
4 | of this Code.
The appropriation may be
allocated and expended | ||||||
5 | by the State Board for contractual services to provide | ||||||
6 | technical assistance or consultation to school districts to | ||||||
7 | assess their financial condition and to Financial Oversight | ||||||
8 | Panels that petition for emergency financial assistance | ||||||
9 | grants. The Illinois Finance Authority may provide
loans to | ||||||
10 | school districts which are the subject of an
approved petition | ||||||
11 | for emergency financial assistance under
Section 1B-4 ,
1F-62, | ||||||
12 | or 1H-65 of this Code. Neither the State Board of Education nor | ||||||
13 | the Illinois Finance Authority may collect any fees for | ||||||
14 | providing these services. | ||||||
15 | From the amount allocated to each such school
district | ||||||
16 | under this Article the State Board shall identify a sum | ||||||
17 | sufficient to
cover all approved costs of the Financial | ||||||
18 | Oversight Panel
established for the respective school | ||||||
19 | district. If the State Board and State
Superintendent of | ||||||
20 | Education have not approved emergency financial assistance in
| ||||||
21 | conjunction with the appointment of a Financial Oversight | ||||||
22 | Panel, the Panel's
approved costs shall be paid from | ||||||
23 | deductions from the district's general State
aid or | ||||||
24 | evidence-based funding.
| ||||||
25 | The Financial Oversight Panel may prepare and file
with | ||||||
26 | the State Superintendent a proposal for emergency
financial |
| |||||||
| |||||||
1 | assistance for the school district and for its
operations | ||||||
2 | budget. No expenditures from the Fund shall be
authorized by | ||||||
3 | the State Superintendent until he or she has approved
the | ||||||
4 | request of the Panel, either as submitted or in such
lesser | ||||||
5 | amount determined by the State Superintendent.
| ||||||
6 | The maximum amount of an emergency financial assistance | ||||||
7 | loan
which may be allocated to any school district under this
| ||||||
8 | Article, including moneys necessary for the operations of
the | ||||||
9 | Panel, shall not exceed $4,000 times the number of pupils
| ||||||
10 | enrolled in the school district during the school year
ending | ||||||
11 | June 30 prior to the date of approval by the State
Board of the | ||||||
12 | petition for emergency financial assistance, as
certified to | ||||||
13 | the local board and the Panel by the State
Superintendent.
An | ||||||
14 | emergency financial assistance grant shall not exceed $1,000 | ||||||
15 | times the
number of such pupils. A district may receive both a | ||||||
16 | loan and a grant.
| ||||||
17 | The payment of an emergency State financial assistance | ||||||
18 | grant or loan
shall be subject to appropriation by the General | ||||||
19 | Assembly. Payment of the emergency State financial assistance | ||||||
20 | loan is subject to the applicable provisions of the Illinois | ||||||
21 | Finance Authority Act.
Emergency State financial assistance | ||||||
22 | allocated and paid to a school
district under this Article may | ||||||
23 | be applied to any fund or funds from which
the local board of | ||||||
24 | education of that district is authorized to make
expenditures | ||||||
25 | by law.
| ||||||
26 | Any emergency financial assistance grant proposed by the
|
| |||||||
| |||||||
1 | Financial Oversight Panel and approved by the State
| ||||||
2 | Superintendent may be paid in its entirety during the
initial | ||||||
3 | year of the Panel's existence or spread in equal or
declining | ||||||
4 | amounts over a period of years not to exceed the
period of the | ||||||
5 | Panel's existence. An emergency financial assistance loan | ||||||
6 | proposed by the Financial Oversight Panel and approved by the | ||||||
7 | Illinois Finance Authority may be paid in its entirety during | ||||||
8 | the initial year of the Panel's existence or spread in equal or | ||||||
9 | declining amounts over a period of years not to exceed the | ||||||
10 | period of the Panel's existence. All
loans made by the | ||||||
11 | Illinois Finance Authority for a
school district shall be | ||||||
12 | required to be repaid, with simple interest over
the term of | ||||||
13 | the loan at a rate equal to 50% of the one-year Constant | ||||||
14 | Maturity
Treasury (CMT) yield as last published by the Board | ||||||
15 | of Governors of the Federal
Reserve System before the date on | ||||||
16 | which the district's loan is
approved
by the Illinois Finance | ||||||
17 | Authority, not later than the
date the
Financial Oversight | ||||||
18 | Panel ceases to exist. The Panel shall
establish and the | ||||||
19 | Illinois Finance Authority shall
approve the terms and | ||||||
20 | conditions, including the schedule, of
repayments. The | ||||||
21 | schedule shall provide for repayments
commencing July 1 of | ||||||
22 | each year or upon each fiscal year's receipt of moneys from a | ||||||
23 | tax levy for emergency financial assistance. Repayment shall | ||||||
24 | be incorporated into the
annual budget of the school district | ||||||
25 | and may be made from any fund or funds
of the district in which | ||||||
26 | there are moneys available. An emergency financial assistance |
| |||||||
| |||||||
1 | loan to the Panel or district shall not be considered part of | ||||||
2 | the calculation of a district's debt for purposes of the | ||||||
3 | limitation specified in Section 19-1 of this Code. Default on | ||||||
4 | repayment is subject to the Illinois Grant Funds Recovery Act. | ||||||
5 | When moneys are repaid
as provided herein they shall not be | ||||||
6 | made available to the local board for
further use as emergency | ||||||
7 | financial assistance under this Article at any
time | ||||||
8 | thereafter. All repayments required to be made by a school | ||||||
9 | district
shall be received by the State Board and deposited in | ||||||
10 | the School District
Emergency Financial Assistance Fund.
| ||||||
11 | In establishing the terms and conditions for the
repayment | ||||||
12 | obligation of the school district the Panel shall
annually | ||||||
13 | determine whether a separate local property tax levy is
| ||||||
14 | required. The board of any school district with a tax rate
for | ||||||
15 | educational purposes for the prior year of less than
120% of | ||||||
16 | the maximum rate for educational purposes authorized
by | ||||||
17 | Section 17-2 shall provide for a separate
tax levy for | ||||||
18 | emergency financial assistance repayment
purposes. Such tax | ||||||
19 | levy shall not be subject to referendum approval. The
amount | ||||||
20 | of the levy shall be equal to the
amount necessary to meet the | ||||||
21 | annual repayment obligations of
the district as established by | ||||||
22 | the Panel, or 20% of the
amount levied for educational | ||||||
23 | purposes for the prior year,
whichever is less. However, no | ||||||
24 | district shall be
required to levy the tax if the district's | ||||||
25 | operating tax
rate as determined under Section
18-8, 18-8.05, | ||||||
26 | or 18-8.15 exceeds 200% of the district's tax rate for |
| |||||||
| |||||||
1 | educational
purposes for the prior year.
| ||||||
2 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
3 | (105 ILCS 5/1E-35)
| ||||||
4 | (This Section scheduled to be repealed in accordance with | ||||||
5 | 105 ILCS 5/1E-165) | ||||||
6 | Sec. 1E-35. Chief educational officer. Upon expiration of | ||||||
7 | the
contract of the school district's superintendent who is | ||||||
8 | serving at the time the
Authority is established, the | ||||||
9 | Authority shall, following consultation with the
district, | ||||||
10 | employ a chief educational officer for the district.
The chief | ||||||
11 | educational officer shall report to the Authority or the chief
| ||||||
12 | executive officer appointed by the Authority.
| ||||||
13 | The chief educational officer shall have authority to | ||||||
14 | determine the agenda and order of business at school board | ||||||
15 | meetings, as needed in order to carry forward and implement | ||||||
16 | the objectives and priorities of the Authority in the | ||||||
17 | administration and management of the district.
| ||||||
18 | The chief educational officer shall have all of the powers | ||||||
19 | and duties of a
school district superintendent under this Code | ||||||
20 | and such other duties
as may be assigned by the Authority, in | ||||||
21 | accordance with this Code. The district
shall not thereafter | ||||||
22 | employ a
superintendent during the period that a chief | ||||||
23 | educational officer is serving in
the district. The chief | ||||||
24 | educational officer shall hold a Professional Educator License | ||||||
25 | certificate with a
superintendent endorsement issued under |
| |||||||
| |||||||
1 | Article 21B 21 of this Code.
| ||||||
2 | (Source: P.A. 94-234, eff. 7-14-05 .)
| ||||||
3 | (105 ILCS 5/1E-40)
| ||||||
4 | (This Section scheduled to be repealed in accordance with | ||||||
5 | 105 ILCS 5/1E-165) | ||||||
6 | Sec. 1E-40. Chief fiscal officer. The Authority may | ||||||
7 | appoint a chief
fiscal officer who, under the direction of the | ||||||
8 | Authority, shall have all of
the powers and duties of the | ||||||
9 | district's chief school business official and
any other duties | ||||||
10 | regarding budgeting, accounting, and other financial
matters | ||||||
11 | that are assigned by the Authority, in accordance with this | ||||||
12 | Code.
The district may not employ a chief school business | ||||||
13 | official during the
period that the chief fiscal officer is | ||||||
14 | serving in the district. The chief
fiscal officer may but is | ||||||
15 | not required to hold an educator license a certificate with a | ||||||
16 | chief
school business official endorsement issued under | ||||||
17 | Article 21B 21 of this
Code.
| ||||||
18 | (Source: P.A. 92-547, eff. 6-13-02 .)
| ||||||
19 | (105 ILCS 5/1H-30) | ||||||
20 | Sec. 1H-30. Employees. The Panel may employ individuals | ||||||
21 | under this Section if it is so warranted. These individuals | ||||||
22 | may include any of the following: | ||||||
23 | (1) A chief executive officer who shall supervise the | ||||||
24 | Panel's staff, including the chief educational officer and |
| |||||||
| |||||||
1 | the chief fiscal officer, and shall have ultimate | ||||||
2 | responsibility for implementing the policies, procedures, | ||||||
3 | directives, and decisions of the Panel. The chief | ||||||
4 | executive officer shall have the authority to determine | ||||||
5 | the agenda and order of business at school board meetings, | ||||||
6 | as needed in order to carry forward and implement the | ||||||
7 | objectives and priorities of the school board and | ||||||
8 | Financial Oversight Panel in the administration and | ||||||
9 | management of the district. This individual is not | ||||||
10 | required to hold any license certificate issued under | ||||||
11 | Article 21B 21 of this Code. The chief executive officer | ||||||
12 | shall have the powers and duties as assigned by the Panel | ||||||
13 | in accordance with this Code. | ||||||
14 | (2) A chief educational officer, who may be employed | ||||||
15 | by the Panel if there is no superintendent in the district | ||||||
16 | or if the Panel, at a regular or special meeting, finds | ||||||
17 | that cause exists to cancel the contract of the district's | ||||||
18 | superintendent who is serving at the time the Panel is | ||||||
19 | established. Cancellation of an existing superintendent | ||||||
20 | contract may be done only pursuant to the same | ||||||
21 | requirements and in the same manner as the school board | ||||||
22 | may cancel the contract. A chief educational officer | ||||||
23 | employed under this subdivision (2) shall have the powers | ||||||
24 | and duties of a school district superintendent under this | ||||||
25 | Code and such other duties as may be assigned by the Panel | ||||||
26 | in accordance with this Code. |
| |||||||
| |||||||
1 | (3) A chief fiscal officer, who may be employed by the | ||||||
2 | Panel. This individual shall be under the direction of the | ||||||
3 | Panel or the chief executive officer employed by the Panel | ||||||
4 | and shall have all of the powers and duties of the | ||||||
5 | district's chief school business official and any other | ||||||
6 | duties regarding budgeting, accounting, and other | ||||||
7 | financial matters that are assigned by the Panel, in | ||||||
8 | accordance with this Code. | ||||||
9 | (4) A superintendent, who shall be under the direction | ||||||
10 | of the Panel or the chief executive officer employed by | ||||||
11 | the Panel and shall have all of the powers and duties of a | ||||||
12 | school district superintendent under this Code assigned by | ||||||
13 | the Panel and such other duties as may be assigned by the | ||||||
14 | Panel in accordance with this Code. | ||||||
15 | (5) A chief school business official, who shall have | ||||||
16 | all of the powers and duties of a chief school business | ||||||
17 | official under this Code assigned by the Panel and such | ||||||
18 | other duties as may be assigned by the Panel in accordance | ||||||
19 | with this Code. | ||||||
20 | An individual employed by the Panel as a superintendent or | ||||||
21 | a chief school business official under this Section must hold | ||||||
22 | the appropriate license certification for these positions. | ||||||
23 | Individuals employed by the Panel as a chief executive | ||||||
24 | officer, chief educational officer, or chief fiscal officer | ||||||
25 | under this Section are not required to hold licensure | ||||||
26 | certification . A chief educational officer under this Section |
| |||||||
| |||||||
1 | must not be employed by the Panel during a period a | ||||||
2 | superintendent is employed by the district and a chief fiscal | ||||||
3 | officer under this Section must not be employed by the Panel | ||||||
4 | during a period a chief school business official is employed | ||||||
5 | by the district. | ||||||
6 | Individuals employed under subdivision (2), (3), (4), or | ||||||
7 | (5) of this Section shall report to the Panel or to the chief | ||||||
8 | executive officer under this Section if there is one.
| ||||||
9 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
10 | (105 ILCS 5/2-3.9) (from Ch. 122, par. 2-3.9)
| ||||||
11 | Sec. 2-3.9. Grant and suspend teachers' licenses | ||||||
12 | certificates . Subject to the provisions of Article 21B 21 , to | ||||||
13 | grant licenses certificates to such
teachers as may be found | ||||||
14 | qualified to receive them and to suspend the
operation of any | ||||||
15 | State license certificate for immorality or other | ||||||
16 | unprofessional
conduct.
| ||||||
17 | (Source: Laws 1961, p. 31.)
| ||||||
18 | (105 ILCS 5/2-3.11d) | ||||||
19 | Sec. 2-3.11d. Data on tests required for teacher | ||||||
20 | preparation and licensure certification . To Beginning with the | ||||||
21 | effective date of this amendatory Act of the 94th General | ||||||
22 | Assembly, to collect and maintain all of the following data | ||||||
23 | for each institution of higher education engaged in teacher | ||||||
24 | preparation in this State: |
| |||||||
| |||||||
1 | (1) (Blank). The number of individuals taking the test | ||||||
2 | of basic skills under Section 21-1a of this Code. | ||||||
3 | (2) (Blank). The number of individuals passing the | ||||||
4 | test of basic skills under Section 21-1a of this Code. | ||||||
5 | (3) The total number of content area subject-matter | ||||||
6 | tests attempted under Section 21B-30 21-1a of this Code. | ||||||
7 | (4) The total number of content area subject-matter | ||||||
8 | tests passed under Section 21B-30 21-1a of this Code. | ||||||
9 | The data regarding content-area subject-matter tests shall be | ||||||
10 | reported in sum, rather than by separately listing each | ||||||
11 | content area subject , in order to better protect the identity | ||||||
12 | of the test-takers. | ||||||
13 | On or before August 1, 2007, the State Board of Education | ||||||
14 | shall file with the General Assembly and the Governor and | ||||||
15 | shall make available to the public a report listing the | ||||||
16 | institutions of higher education engaged in teacher | ||||||
17 | preparation in this State, along with the data listed in items | ||||||
18 | (1) and (2) of this Section pertinent to each institution. | ||||||
19 | On or before October 1, 2012 and every 3 years thereafter, | ||||||
20 | the State Board of Education shall file with the General | ||||||
21 | Assembly and the Governor and shall make available to the | ||||||
22 | public a report listing the institutions of higher education | ||||||
23 | engaged in teacher preparation in this State, along with the | ||||||
24 | data listed in items (1) through (4) of this Section pertinent | ||||||
25 | to each institution.
| ||||||
26 | (Source: P.A. 96-1423, eff. 8-3-10.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.25i) (from Ch. 122, par. 2-3.25i)
| ||||||
2 | Sec. 2-3.25i. Rules. The State Board of Education shall | ||||||
3 | promulgate
rules and regulations necessary to implement the | ||||||
4 | provisions of Public Act
87-559 and this
amendatory Act of the | ||||||
5 | 93rd General Assembly. The State Board of
Education may waive | ||||||
6 | any of its
rules or regulations which conflict with Public Act | ||||||
7 | 87-559 or this
amendatory Act of the 93rd General Assembly | ||||||
8 | except those
requirements for special education and teacher | ||||||
9 | licensure certification .
| ||||||
10 | (Source: P.A. 93-470, eff. 8-8-03.)
| ||||||
11 | (105 ILCS 5/2-3.103) (from Ch. 122, par. 2-3.103) | ||||||
12 | Sec. 2-3.103. Salary and benefit survey. For each
school | ||||||
13 | year commencing on or after January 1, 1992 , the State Board
of | ||||||
14 | Education shall conduct, in each school district, a school | ||||||
15 | district
salary and benefits survey covering the district's | ||||||
16 | licensed certificated and
educational support personnel. | ||||||
17 | However, the collection of information covering educational | ||||||
18 | support personnel must be limited to districts with 1,000 or | ||||||
19 | more students enrolled. | ||||||
20 | A survey form shall be developed and furnished by the | ||||||
21 | State Board of
Education to each school district on or before | ||||||
22 | October 1 of
the school year covered by the survey, and each | ||||||
23 | school district shall submit a completed
survey to the State | ||||||
24 | Board of Education on or before February 1 of the school year |
| |||||||
| |||||||
1 | covered by the survey. | ||||||
2 | The State Board of Education shall compile, by April 30 of | ||||||
3 | the school
year covered by the survey, a statewide salary and | ||||||
4 | benefit survey report
based upon the surveys completed and | ||||||
5 | submitted for that school year by
the individual school | ||||||
6 | districts as required by this Section, and shall make
the | ||||||
7 | survey report available to all school districts and to all | ||||||
8 | "employee
organizations" as defined in Section 2 of the | ||||||
9 | Illinois Educational Labor
Relations Act. | ||||||
10 | The data required to be reported by each school district | ||||||
11 | on the salary
and benefits survey developed and furnished | ||||||
12 | under this Section for the
school year covered by the survey | ||||||
13 | shall include, but shall not be limited
to, the following: | ||||||
14 | (1) the district's estimated fall enrollment; | ||||||
15 | (2) with respect to both its licensed certificated and | ||||||
16 | educational support personnel employees: | ||||||
17 | (A) whether the district has a salary schedule, | ||||||
18 | salary policy but no
salary schedule, or no salary | ||||||
19 | policy and no salary schedule; | ||||||
20 | (B) when each such salary schedule or policy of | ||||||
21 | the district was or will be adopted; | ||||||
22 | (C) whether there is a negotiated agreement | ||||||
23 | between the school board
and any teacher, educational | ||||||
24 | support personnel or other employee
organization and, | ||||||
25 | if so, the affiliation of the local of such | ||||||
26 | organization,
together with the month and year of |
| |||||||
| |||||||
1 | expiration of the negotiated agreement
and whether it | ||||||
2 | contains a fair share provision; and if there is no | ||||||
3 | such
negotiated agreement but the district does have a | ||||||
4 | salary schedule or
policy, a brief explanation of the | ||||||
5 | manner in which each such salary
schedule or policy | ||||||
6 | was developed prior to its adoption by the school | ||||||
7 | board,
including a statement of whether any meetings | ||||||
8 | between the school board and
the superintendent | ||||||
9 | leading up to adoption of the salary schedule or | ||||||
10 | policy
were based upon, or were conducted without any | ||||||
11 | discussions between the
superintendent and the | ||||||
12 | affected teachers, educational support personnel or
| ||||||
13 | other employees; | ||||||
14 | (D) whether the district's salary program, | ||||||
15 | policies or provisions are
based upon merit or | ||||||
16 | performance evaluation of individual teachers,
| ||||||
17 | educational support personnel or other employees, and | ||||||
18 | whether they include:
severance pay provisions; early | ||||||
19 | retirement incentives; sick leave bank
provisions; | ||||||
20 | sick leave accumulation provisions and, if so, to how | ||||||
21 | many
days; personal, business or emergency leave with | ||||||
22 | pay and, if so, the number
of days; or direct | ||||||
23 | reimbursement in whole or in part for expenses, such | ||||||
24 | as
tuition and materials, incurred in acquiring | ||||||
25 | additional college credit; | ||||||
26 | (E) whether school board paid or tax sheltered |
| |||||||
| |||||||
1 | retirement contributions
are included in any existing | ||||||
2 | salary schedule or policy of the school
district; what | ||||||
3 | percent (if any) of the salary of each different | ||||||
4 | licensed certified
and educational support personnel | ||||||
5 | employee classification (using the
employee salary | ||||||
6 | which reflects the highest regularly scheduled step in | ||||||
7 | that
classification on the salary schedule or policy | ||||||
8 | of the district) is school
board paid to an employee | ||||||
9 | retirement system; the highest scheduled salary
and | ||||||
10 | the level of education or training required to reach | ||||||
11 | the highest
scheduled salary in each licensed | ||||||
12 | certified and educational support personnel
employee | ||||||
13 | classification; using annual salaries from the school | ||||||
14 | board's
salary schedule or policy for each licensed | ||||||
15 | certified and educational support
personnel employee | ||||||
16 | classification (and excluding from such salaries items
| ||||||
17 | of individual compensation resulting from | ||||||
18 | extra-curricular duties,
employment beyond the regular | ||||||
19 | school year and longevity service pay, but
including | ||||||
20 | additional compensation such as grants and cost of | ||||||
21 | living bonuses
that are received by all employees in a | ||||||
22 | classification or by all employees
in a classification | ||||||
23 | who are at the maximum experience level), the
| ||||||
24 | beginning, maximum and specified intermediate salaries | ||||||
25 | reported to an
employee retirement system (including | ||||||
26 | school board paid or tax sheltered
retirement |
| |||||||
| |||||||
1 | contributions, but excluding fringe benefits) for
each | ||||||
2 | educational or training category within each licensed | ||||||
3 | certified and educational
support personnel employee | ||||||
4 | classification; and the completed years of
experience | ||||||
5 | required to reach such maximum regularly scheduled and | ||||||
6 | highest
scheduled salaries; | ||||||
7 | (F) whether the school district provides longevity | ||||||
8 | pay beyond the last
annual regular salary increase | ||||||
9 | available under the district's salary
schedule or | ||||||
10 | policy; and if so, the maximum earnings with longevity | ||||||
11 | for each
educational or training category specified by | ||||||
12 | the State Board of Education
in its survey form (based | ||||||
13 | on salary reported to an employee's retirement
system, | ||||||
14 | including school board paid and tax sheltered | ||||||
15 | retirement
contributions, but excluding fringe | ||||||
16 | benefits, and with maximum longevity
step numbers and | ||||||
17 | completed years of experience computed as provided in
| ||||||
18 | the survey form); | ||||||
19 | (G) for each dental, disability, hospitalization, | ||||||
20 | life, prescription or
vision insurance plan, cafeteria | ||||||
21 | plan or other fringe benefit plan
sponsored by the | ||||||
22 | school board: (i) a statement of whether such plan is
| ||||||
23 | available to full time teachers or other licensed | ||||||
24 | certificated personnel covered by
a district salary | ||||||
25 | schedule or policy, whether such plan is available to
| ||||||
26 | full time educational support personnel covered by a |
| |||||||
| |||||||
1 | district salary
schedule or policy, and whether all | ||||||
2 | full time employees to whom coverage
under such plan | ||||||
3 | is available are entitled to receive the same benefits
| ||||||
4 | under that plan; and (ii) the total annual cost of | ||||||
5 | coverage under that plan
for a covered full time | ||||||
6 | employee who is at the highest regularly
scheduled | ||||||
7 | step on the salary schedule or policy of the district | ||||||
8 | applicable
to such employee, the percent of that total | ||||||
9 | annual cost paid by the
school board, the total annual | ||||||
10 | cost of coverage under that plan for the
family of that | ||||||
11 | employee, and the percent of that total annual cost | ||||||
12 | for
family coverage paid by the school board. | ||||||
13 | In addition, each school district shall provide to the | ||||||
14 | State Board of Education, on or before February 1 of the school | ||||||
15 | year covered by the survey, as required by
this Section, a copy | ||||||
16 | of each salary schedule, salary policy , and negotiated
| ||||||
17 | agreement which is identified or otherwise referred to in the | ||||||
18 | completed survey form. | ||||||
19 | (Source: P.A. 96-1423, eff. 8-3-10.) | ||||||
20 | (105 ILCS 5/2-3.146)
| ||||||
21 | Sec. 2-3.146. Severely overcrowded schools grant program. | ||||||
22 | There is created a grant program, subject to appropriation, | ||||||
23 | for severely overcrowded schools. The State Board of Education | ||||||
24 | shall administer the program. Grant funds may be used for | ||||||
25 | purposes of relieving overcrowding. In order for a school |
| |||||||
| |||||||
1 | district to be eligible for a grant under this Section, (i) the | ||||||
2 | main administrative office of the district must be located in | ||||||
3 | a city of 85,000 or more in population, according to the 2000 | ||||||
4 | U.S. Census, and (ii) the school district must have a | ||||||
5 | district-wide percentage of low-income students of 70% or | ||||||
6 | more, as identified by the 2005-2006 School Report Cards | ||||||
7 | published by the State Board of Education , and (iii) the | ||||||
8 | school district must not be eligible for a fast growth grant | ||||||
9 | under Section 18-8.10 of this Code . The State Board of | ||||||
10 | Education shall distribute the funds on a proportional basis | ||||||
11 | with no single district receiving more than 75% of the funds in | ||||||
12 | any given year. The State Board of Education may adopt rules as | ||||||
13 | needed for the implementation and distribution of grants under | ||||||
14 | this Section.
| ||||||
15 | (Source: P.A. 95-707, eff. 1-11-08.)
| ||||||
16 | (105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
| ||||||
17 | Sec. 10-21.7. Attacks on school personnel.
| ||||||
18 | (a) In the Section, "school" means any public or private | ||||||
19 | elementary or
secondary school.
| ||||||
20 | (b) Upon receipt of a
written complaint from any school | ||||||
21 | personnel, the school superintendent, or other
appropriate | ||||||
22 | administrative officer for a private school, shall
report all | ||||||
23 | incidents of battery committed against teachers, teacher
| ||||||
24 | personnel, administrative personnel or educational support
| ||||||
25 | personnel to the local law enforcement
authorities immediately |
| |||||||
| |||||||
1 | after the occurrence of
the attack . Schools shall also report | ||||||
2 | all of these incidents to the State Board of Education through | ||||||
3 | existing school incident reporting systems as they occur | ||||||
4 | during the year by no later than August 1 for the preceding | ||||||
5 | school year. The State Board of Education shall report data by | ||||||
6 | school district, as collected from school districts, in an | ||||||
7 | annual report of attacks on school personnel and make it | ||||||
8 | available to the public via its website. The local law | ||||||
9 | enforcement authority shall, by March 1 of each year, report | ||||||
10 | the required data from the previous year to the Illinois State | ||||||
11 | Police's Illinois Uniform Crime Reporting Program.
and to the | ||||||
12 | Illinois State Police's Illinois
Uniform Crime Reporting | ||||||
13 | Program no later than 3 days after the
occurrence of the | ||||||
14 | attack. The State Board of Education shall receive monthly
as | ||||||
15 | well as annual statistical compilations of attacks on school | ||||||
16 | personnel
from the Illinois State Police through the
Illinois | ||||||
17 | Uniform Crime Reporting Program.
The State Board of Education | ||||||
18 | shall compile this information by school
district and make it | ||||||
19 | available to the public.
| ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
21 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
22 | Sec. 10-21.9. Criminal history records checks and checks | ||||||
23 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
24 | and Violent Offender Against Youth Database.
| ||||||
25 | (a) Licensed and nonlicensed applicants for employment |
| |||||||
| |||||||
1 | with a school
district, except school bus driver applicants, | ||||||
2 | are required as a condition
of employment to authorize a | ||||||
3 | fingerprint-based criminal history records check to determine | ||||||
4 | if such applicants have been convicted of any disqualifying, | ||||||
5 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
6 | Section or
have been convicted, within 7 years of the | ||||||
7 | application for employment with
the
school district, of any | ||||||
8 | other felony under the laws of this State or of any
offense | ||||||
9 | committed or attempted in any other state or against the laws | ||||||
10 | of
the United States that, if committed or attempted in this | ||||||
11 | State, would
have been punishable as a felony under the laws of | ||||||
12 | this State.
Authorization for
the check shall be furnished by | ||||||
13 | the applicant to
the school district, except that if the | ||||||
14 | applicant is a substitute teacher
seeking employment in more | ||||||
15 | than one school district, a teacher seeking
concurrent | ||||||
16 | part-time employment positions with more than one school
| ||||||
17 | district (as a reading specialist, special education teacher | ||||||
18 | or otherwise),
or an educational support personnel employee | ||||||
19 | seeking employment positions
with more than one district, any | ||||||
20 | such district may require the applicant to
furnish | ||||||
21 | authorization for
the check to the regional superintendent
of | ||||||
22 | the educational service region in which are located the school | ||||||
23 | districts
in which the applicant is seeking employment as a | ||||||
24 | substitute or concurrent
part-time teacher or concurrent | ||||||
25 | educational support personnel employee.
Upon receipt of this | ||||||
26 | authorization, the school district or the appropriate
regional |
| |||||||
| |||||||
1 | superintendent, as the case may be, shall submit the | ||||||
2 | applicant's
name, sex, race, date of birth, social security | ||||||
3 | number, fingerprint images, and other identifiers, as | ||||||
4 | prescribed by the Illinois State Police, to the Illinois State | ||||||
5 | Police. The regional
superintendent submitting the requisite | ||||||
6 | information to the Illinois
State Police shall promptly notify | ||||||
7 | the school districts in which the
applicant is seeking | ||||||
8 | employment as a substitute or concurrent part-time
teacher or | ||||||
9 | concurrent educational support personnel employee that
the
| ||||||
10 | check of the applicant has been requested. The Illinois State | ||||||
11 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
12 | pursuant to a fingerprint-based criminal history records | ||||||
13 | check, records of convictions, forever and hereinafter, until | ||||||
14 | expunged, to the president of the school board for the school | ||||||
15 | district that requested the check, or to the regional | ||||||
16 | superintendent who requested the check.
The Illinois State | ||||||
17 | Police
shall charge
the school district
or the appropriate | ||||||
18 | regional superintendent a fee for
conducting
such check, which | ||||||
19 | fee shall be deposited in the State
Police Services Fund and | ||||||
20 | shall not exceed the cost of
the inquiry; and the
applicant | ||||||
21 | shall not be charged a fee for
such check by the school
| ||||||
22 | district or by the regional superintendent, except that those | ||||||
23 | applicants seeking employment as a substitute teacher with a | ||||||
24 | school district may be charged a fee not to exceed the cost of | ||||||
25 | the inquiry. Subject to appropriations for these purposes, the | ||||||
26 | State Superintendent of Education shall reimburse school |
| |||||||
| |||||||
1 | districts and regional superintendents for fees paid to obtain | ||||||
2 | criminal history records checks under this Section.
| ||||||
3 | (a-5) The school district or regional superintendent shall | ||||||
4 | further perform a check of the Statewide Sex Offender | ||||||
5 | Database, as authorized by the Sex Offender Community | ||||||
6 | Notification Law, for each applicant. The check of the | ||||||
7 | Statewide Sex Offender Database must be conducted by the | ||||||
8 | school district or regional superintendent once for every 5 | ||||||
9 | years that an applicant remains employed by the school | ||||||
10 | district. | ||||||
11 | (a-6) The school district or regional superintendent shall | ||||||
12 | further perform a check of the Statewide Murderer and Violent | ||||||
13 | Offender Against Youth Database, as authorized by the Murderer | ||||||
14 | and Violent Offender Against Youth Community Notification Law, | ||||||
15 | for each applicant. The check of the Murderer and Violent | ||||||
16 | Offender Against Youth Database must be conducted by the | ||||||
17 | school district or regional superintendent once for every 5 | ||||||
18 | years that an applicant remains employed by the school | ||||||
19 | district. | ||||||
20 | (b)
Any information
concerning the record of convictions | ||||||
21 | obtained by the president of the
school board or the regional | ||||||
22 | superintendent shall be confidential and may
only be | ||||||
23 | transmitted to the superintendent of the school district or | ||||||
24 | his
designee, the appropriate regional superintendent if
the | ||||||
25 | check was
requested by the school district, the presidents of | ||||||
26 | the appropriate school
boards if
the check was requested from |
| |||||||
| |||||||
1 | the Illinois State
Police by the regional superintendent, the | ||||||
2 | State Board of Education and a school district as authorized | ||||||
3 | under subsection (b-5), the State Superintendent of
Education, | ||||||
4 | the State Educator Preparation and Licensure Board, any other | ||||||
5 | person
necessary to the decision of hiring the applicant for | ||||||
6 | employment, or for clarification purposes the Illinois State | ||||||
7 | Police or Statewide Sex Offender Database, or both. A copy
of | ||||||
8 | the record of convictions obtained from the Illinois State | ||||||
9 | Police
shall be provided to the applicant for employment. Upon | ||||||
10 | the check of the Statewide Sex Offender Database or Statewide | ||||||
11 | Murderer and Violent Offender Against Youth Database, the | ||||||
12 | school district or regional superintendent shall notify an | ||||||
13 | applicant as to whether or not the applicant has been | ||||||
14 | identified in the Database. If a check of
an applicant for | ||||||
15 | employment as a substitute or concurrent part-time teacher
or | ||||||
16 | concurrent educational support personnel employee in more than | ||||||
17 | one
school district was requested by the regional | ||||||
18 | superintendent, and the Illinois
State Police upon a check | ||||||
19 | ascertains that the applicant
has not been convicted of any of | ||||||
20 | the enumerated criminal or drug offenses
in subsection (c) of | ||||||
21 | this Section
or has not been convicted, within 7 years of the
| ||||||
22 | application for
employment with the
school district, of any | ||||||
23 | other felony under the laws of this State or of any
offense | ||||||
24 | committed or attempted in any other state or against the laws | ||||||
25 | of
the United States that, if committed or attempted in this | ||||||
26 | State, would
have been punishable as a felony under the laws of |
| |||||||
| |||||||
1 | this State
and so notifies the regional
superintendent and if | ||||||
2 | the regional superintendent upon a check ascertains that the | ||||||
3 | applicant has not been identified in the Sex Offender Database | ||||||
4 | or Statewide Murderer and Violent Offender Against Youth | ||||||
5 | Database, then the
regional superintendent shall issue to the | ||||||
6 | applicant a certificate
evidencing that as of the date | ||||||
7 | specified by the Illinois State Police
the applicant has not | ||||||
8 | been convicted of any of the enumerated criminal or
drug | ||||||
9 | offenses in subsection (c) of this Section
or has not been
| ||||||
10 | convicted, within 7 years of the application for employment | ||||||
11 | with the
school district, of any other felony under the laws of | ||||||
12 | this State or of any
offense committed or attempted in any | ||||||
13 | other state or against the laws of
the United States that, if | ||||||
14 | committed or attempted in this State, would
have been | ||||||
15 | punishable as a felony under the laws of this State and | ||||||
16 | evidencing that as of the date that the regional | ||||||
17 | superintendent conducted a check of the Statewide Sex Offender | ||||||
18 | Database or Statewide Murderer and Violent Offender Against | ||||||
19 | Youth Database, the applicant has not been identified in the | ||||||
20 | Database. The school
board of
any
school district
may rely on | ||||||
21 | the
certificate issued by any regional superintendent to that | ||||||
22 | substitute teacher, concurrent part-time teacher, or | ||||||
23 | concurrent educational support personnel employee or may
| ||||||
24 | initiate its own criminal history records check of the | ||||||
25 | applicant through the Illinois
State Police and its own check | ||||||
26 | of the Statewide Sex Offender Database or Statewide Murderer |
| |||||||
| |||||||
1 | and Violent Offender Against Youth Database as provided in | ||||||
2 | this Section. Any unauthorized release of confidential | ||||||
3 | information may be a violation of Section 7 of the Criminal | ||||||
4 | Identification Act.
| ||||||
5 | (b-5) If a criminal history records check or check of the | ||||||
6 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
7 | Violent Offender Against Youth Database is performed by a | ||||||
8 | regional superintendent for an applicant seeking employment as | ||||||
9 | a substitute teacher with a school district, the regional | ||||||
10 | superintendent may disclose to the State Board of Education | ||||||
11 | whether the applicant has been issued a certificate under | ||||||
12 | subsection (b) based on those checks. If the State Board | ||||||
13 | receives information on an applicant under this subsection, | ||||||
14 | then it must indicate in the Educator Licensure Information | ||||||
15 | System for a 90-day period that the applicant has been issued | ||||||
16 | or has not been issued a certificate. | ||||||
17 | (c) No school board shall knowingly employ a person who | ||||||
18 | has been
convicted of any offense that would subject him or her | ||||||
19 | to license suspension or revocation pursuant to Section 21B-80 | ||||||
20 | of this Code, except as provided under subsection (b) of | ||||||
21 | Section 21B-80.
Further, no school board shall knowingly | ||||||
22 | employ a person who has been found
to be the perpetrator of | ||||||
23 | sexual or physical abuse of any minor under 18 years
of age | ||||||
24 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
25 | Act of
1987. As a condition of employment, each school board | ||||||
26 | must consider the status of a person who has been issued an |
| |||||||
| |||||||
1 | indicated finding of abuse or neglect of a child by the | ||||||
2 | Department of Children and Family Services under the Abused | ||||||
3 | and Neglected Child Reporting Act or by a child welfare agency | ||||||
4 | of another jurisdiction.
| ||||||
5 | (d) No school board shall knowingly employ a person for | ||||||
6 | whom a criminal
history records check and a Statewide Sex | ||||||
7 | Offender Database check have not been initiated.
| ||||||
8 | (e) Within 10 days after a superintendent, regional office | ||||||
9 | of education, or entity that provides background checks of | ||||||
10 | license holders to public schools receives information of a | ||||||
11 | pending criminal charge against a license holder for an | ||||||
12 | offense set forth in Section 21B-80 of this Code, the | ||||||
13 | superintendent, regional office of education, or entity must | ||||||
14 | notify the State Superintendent of Education of the pending | ||||||
15 | criminal charge. | ||||||
16 | If permissible by federal or State law, no later than 15 | ||||||
17 | business days after receipt of a record of conviction or of | ||||||
18 | checking the Statewide Murderer and Violent Offender Against | ||||||
19 | Youth Database or the Statewide Sex Offender Database and | ||||||
20 | finding a registration, the superintendent of the employing | ||||||
21 | school board or the applicable regional superintendent shall, | ||||||
22 | in writing, notify the State Superintendent of Education of | ||||||
23 | any license holder who has been convicted of a crime set forth | ||||||
24 | in Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
25 | conviction of or a finding of child
abuse by a holder of any | ||||||
26 | license
issued pursuant to Article 21B or Section 34-8.1 or |
| |||||||
| |||||||
1 | 34-83 of this the
School Code, the
State Superintendent of | ||||||
2 | Education may initiate licensure suspension
and revocation | ||||||
3 | proceedings as authorized by law. If the receipt of the record | ||||||
4 | of conviction or finding of child abuse is received within 6 | ||||||
5 | months after the initial grant of or renewal of a license, the | ||||||
6 | State Superintendent of Education may rescind the license | ||||||
7 | holder's license.
| ||||||
8 | (e-5) The superintendent of the employing school board | ||||||
9 | shall, in writing, notify the State Superintendent of | ||||||
10 | Education and the applicable regional superintendent of | ||||||
11 | schools of any license holder whom he or she has reasonable | ||||||
12 | cause to believe has committed an intentional act of abuse or | ||||||
13 | neglect with the result of making a child an abused child or a | ||||||
14 | neglected child, as defined in Section 3 of the Abused and | ||||||
15 | Neglected Child Reporting Act, and that act resulted in the | ||||||
16 | license holder's dismissal or resignation from the school | ||||||
17 | district. This notification must be submitted within 30 days | ||||||
18 | after the dismissal or resignation and must include the | ||||||
19 | Illinois Educator Identification Number (IEIN) of the license | ||||||
20 | holder and a brief description of the misconduct alleged. The | ||||||
21 | license holder must also be contemporaneously sent a copy of | ||||||
22 | the notice by the superintendent. All correspondence, | ||||||
23 | documentation, and other information so received by the | ||||||
24 | regional superintendent of schools, the State Superintendent | ||||||
25 | of Education, the State Board of Education, or the State | ||||||
26 | Educator Preparation and Licensure Board under this subsection |
| |||||||
| |||||||
1 | (e-5) is confidential and must not be disclosed to third | ||||||
2 | parties, except (i) as necessary for the State Superintendent | ||||||
3 | of Education or his or her designee to investigate and | ||||||
4 | prosecute pursuant to Article 21B of this Code, (ii) pursuant | ||||||
5 | to a court order, (iii) for disclosure to the license holder or | ||||||
6 | his or her representative, or (iv) as otherwise provided in | ||||||
7 | this Article and provided that any such information admitted | ||||||
8 | into evidence in a hearing is exempt from this confidentiality | ||||||
9 | and non-disclosure requirement. Except for an act of willful | ||||||
10 | or wanton misconduct, any superintendent who provides | ||||||
11 | notification as required in this subsection (e-5) shall have | ||||||
12 | immunity from any liability, whether civil or criminal or that | ||||||
13 | otherwise might result by reason of such action. | ||||||
14 | (f) After January 1, 1990 the provisions of this Section | ||||||
15 | shall apply
to all employees of persons or firms holding | ||||||
16 | contracts with any school
district including, but not limited | ||||||
17 | to, food service workers, school bus
drivers and other | ||||||
18 | transportation employees, who have direct, daily contact
with | ||||||
19 | the pupils of any school in such district. For purposes of | ||||||
20 | criminal
history records checks and checks of the Statewide | ||||||
21 | Sex Offender Database on employees of persons or firms holding
| ||||||
22 | contracts with more than one school district and assigned to | ||||||
23 | more than one
school district, the regional superintendent of | ||||||
24 | the educational service
region in which the contracting school | ||||||
25 | districts are located may, at the
request of any such school | ||||||
26 | district, be responsible for receiving the
authorization for
a |
| |||||||
| |||||||
1 | criminal history records check prepared by each such employee | ||||||
2 | and
submitting the same to the Illinois State Police and for | ||||||
3 | conducting a check of the Statewide Sex Offender Database for | ||||||
4 | each employee. Any information
concerning the record of | ||||||
5 | conviction and identification as a sex offender of any such | ||||||
6 | employee obtained by the
regional superintendent shall be | ||||||
7 | promptly reported to the president of the
appropriate school | ||||||
8 | board or school boards.
| ||||||
9 | (f-5) Upon request of a school or school district, any | ||||||
10 | information obtained by a school district pursuant to | ||||||
11 | subsection (f) of this Section within the last year must be | ||||||
12 | made available to the requesting school or school district. | ||||||
13 | (g) Prior to the commencement of any student teaching | ||||||
14 | experience or required internship (which is referred to as | ||||||
15 | student teaching in this Section) in the public schools, a | ||||||
16 | student teacher is required to authorize a fingerprint-based | ||||||
17 | criminal history records check. Authorization for and payment | ||||||
18 | of the costs of the check must be furnished by the student | ||||||
19 | teacher to the school district where the student teaching is | ||||||
20 | to be completed. Upon receipt of this authorization and | ||||||
21 | payment, the school district shall submit the student | ||||||
22 | teacher's name, sex, race, date of birth, social security | ||||||
23 | number, fingerprint images, and other identifiers, as | ||||||
24 | prescribed by the Illinois State Police, to the Illinois State | ||||||
25 | Police. The Illinois State Police and the Federal Bureau of | ||||||
26 | Investigation shall furnish, pursuant to a fingerprint-based |
| |||||||
| |||||||
1 | criminal history records check, records of convictions, | ||||||
2 | forever and hereinafter, until expunged, to the president of | ||||||
3 | the school board for the school district that requested the | ||||||
4 | check. The Illinois State Police shall charge the school | ||||||
5 | district a fee for conducting the check, which fee must not | ||||||
6 | exceed the cost of the inquiry and must be deposited into the | ||||||
7 | State Police Services Fund. The school district shall further | ||||||
8 | perform a check of the Statewide Sex Offender Database, as | ||||||
9 | authorized by the Sex Offender Community Notification Law, and | ||||||
10 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
11 | Database, as authorized by the Murderer and Violent Offender | ||||||
12 | Against Youth Registration Act, for each student teacher. No | ||||||
13 | school board may knowingly allow a person to student teach for | ||||||
14 | whom a criminal history records check, a Statewide Sex | ||||||
15 | Offender Database check, and a Statewide Murderer and Violent | ||||||
16 | Offender Against Youth Database check have not been completed | ||||||
17 | and reviewed by the district. | ||||||
18 | A copy of the record of convictions obtained from the | ||||||
19 | Illinois State Police must be provided to the student teacher. | ||||||
20 | Any information concerning the record of convictions obtained | ||||||
21 | by the president of the school board is confidential and may | ||||||
22 | only be transmitted to the superintendent of the school | ||||||
23 | district or his or her designee, the State Superintendent of | ||||||
24 | Education, the State Educator Preparation and Licensure Board, | ||||||
25 | or, for clarification purposes, the Illinois State Police or | ||||||
26 | the Statewide Sex Offender Database or Statewide Murderer and |
| |||||||
| |||||||
1 | Violent Offender Against Youth Database. Any unauthorized | ||||||
2 | release of confidential information may be a violation of | ||||||
3 | Section 7 of the Criminal Identification Act. | ||||||
4 | No school board shall knowingly allow a person to student | ||||||
5 | teach who has been convicted of any offense that would subject | ||||||
6 | him or her to license suspension or revocation pursuant to | ||||||
7 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
8 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
9 | school board shall allow a person to student teach if he or she | ||||||
10 | has been found to be the perpetrator of sexual or physical | ||||||
11 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
12 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
13 | board must consider the status of a person to student teach who | ||||||
14 | has been issued an indicated finding of abuse or neglect of a | ||||||
15 | child by the Department of Children and Family Services under | ||||||
16 | the Abused and Neglected Child Reporting Act or by a child | ||||||
17 | welfare agency of another jurisdiction. | ||||||
18 | (h) (Blank). | ||||||
19 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
20 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
21 | 1-1-22; revised 10-6-21.)
| ||||||
22 | (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
| ||||||
23 | Sec. 10-22.18. Kindergartens. To establish kindergartens | ||||||
24 | for the
instruction of children between the
ages of 4 and 6 | ||||||
25 | years, if in their judgment the public interest requires
it, |
| |||||||
| |||||||
1 | and to pay the necessary expenses thereof out of the school | ||||||
2 | funds of
the district. Upon petition of at
least 50 parents or | ||||||
3 | guardians of children
between the ages of 4 and 6, residing | ||||||
4 | within any school district and within
one mile of the public | ||||||
5 | school where such kindergarten is proposed to be
established, | ||||||
6 | the board of directors shall, if funds are available,
| ||||||
7 | establish a kindergarten in connection with the public school | ||||||
8 | designated in
the petition and maintain it as long as the | ||||||
9 | annual average daily attendance
therein is not less than 15. | ||||||
10 | The board may establish a kindergarten with
half-day | ||||||
11 | attendance or with full-day attendance. If the board | ||||||
12 | establishes
full-day kindergarten, it shall also establish | ||||||
13 | half-day kindergarten.
No one shall be employed to teach in a | ||||||
14 | kindergarten who does not hold a license
certificate as | ||||||
15 | provided by law.
| ||||||
16 | (Source: P.A. 84-1308.)
| ||||||
17 | (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
| ||||||
18 | Sec. 10-22.23. School Nurse. To employ a registered | ||||||
19 | professional
nurse and define the duties of the school nurse | ||||||
20 | within the guidelines of
rules and regulations promulgated by | ||||||
21 | the State Board of Education. Any
school nurse first employed | ||||||
22 | on or after July 1, 1976, whose duties
require teaching or the | ||||||
23 | exercise of instructional judgment or educational
evaluation | ||||||
24 | of pupils, must be licensed certificated under Section 21B-25 | ||||||
25 | 21-25 of this Code Act .
School districts may employ |
| |||||||
| |||||||
1 | nonlicensed non-certificated registered professional nurses
to | ||||||
2 | perform professional nursing services.
| ||||||
3 | (Source: P.A. 90-548, eff. 1-1-98.)
| ||||||
4 | (105 ILCS 5/10-22.23a) (from Ch. 122, par. 10-22.23a)
| ||||||
5 | Sec. 10-22.23a. Chief school business official. To employ | ||||||
6 | a chief school
business official and define the duties of the | ||||||
7 | chief school business official.
Any chief school business | ||||||
8 | official first employed on or after July 1, 1977
shall be | ||||||
9 | licensed certificated under Article 21B Section 21-7.1 . For | ||||||
10 | the purposes of this Section,
experience as a school business | ||||||
11 | official in an Illinois public school district
prior to July | ||||||
12 | 1, 1977 shall be deemed the equivalent of licensure | ||||||
13 | certification .
| ||||||
14 | (Source: P.A. 82-387.)
| ||||||
15 | (105 ILCS 5/10-22.24a) (from Ch. 122, par. 10-22.24a)
| ||||||
16 | Sec. 10-22.24a. School counselor. To employ school | ||||||
17 | counselors. A school
counselor is
a qualified specialist who | ||||||
18 | holds a Professional Educator License with a school support | ||||||
19 | personnel endorsement in the area of school counseling School | ||||||
20 | Service Personnel certificate
endorsed in school
counseling | ||||||
21 | issued pursuant to Section 21B-25 21-25 of this Code and
who | ||||||
22 | either (i) holds or is qualified for an elementary, secondary, | ||||||
23 | special
K-12, or special preschool-age 22 endorsement on a | ||||||
24 | Professional Educator License 21 certificate issued pursuant |
| |||||||
| |||||||
1 | to Section 21B-20 or 21B-25 21-2
or 21-4 of this Code or (ii) | ||||||
2 | in lieu of holding or qualifying for a teaching endorsement on | ||||||
3 | a Professional Educator License
certificate , has fulfilled | ||||||
4 | such other requirements as the State Board of
Education and | ||||||
5 | the State Teacher Certification Board may by rule establish. | ||||||
6 | An
individual who has completed an approved
program in another | ||||||
7 | state may apply for a Professional Educator License
School | ||||||
8 | Service Personnel certificate
endorsed in school counseling | ||||||
9 | and shall receive such a license certificate if a review
of his | ||||||
10 | or her credentials indicates that
he or she meets the | ||||||
11 | additional requirements of this Section. Only persons so | ||||||
12 | licensed and endorsed may use the title "school counselor".
| ||||||
13 | (Source: P.A. 100-1136, eff. 1-1-19.)
| ||||||
14 | (105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34)
| ||||||
15 | Sec. 10-22.34. Nonlicensed Non-certificated personnel.
| ||||||
16 | (a) School Boards may employ non-teaching personnel or | ||||||
17 | utilize volunteer
personnel for: (1) non-teaching duties not | ||||||
18 | requiring instructional
judgment or evaluation of pupils; and | ||||||
19 | (2) supervising study halls, long
distance teaching reception | ||||||
20 | areas used incident to instructional programs
transmitted by | ||||||
21 | electronic media such as computers, video, and audio,
and | ||||||
22 | detention and discipline areas, and school-sponsored | ||||||
23 | extracurricular
activities.
| ||||||
24 | (b) School boards may further utilize volunteer | ||||||
25 | nonlicensed non-certificated
personnel or employ nonlicensed |
| |||||||
| |||||||
1 | non-certificated personnel to assist in the
instruction of | ||||||
2 | pupils under the immediate supervision of a teacher,
holding a | ||||||
3 | valid license certificate , directly engaged in teaching | ||||||
4 | subject matter
or conducting activities. The teacher shall be | ||||||
5 | continuously aware of the nonlicensed
non-certificated | ||||||
6 | persons' activities and shall be able to control or
modify | ||||||
7 | them. The State Board of Education, in consultation
with the | ||||||
8 | State Educator Preparation and Licensure Teacher Certification | ||||||
9 | Board, shall determine
qualifications of such personnel and | ||||||
10 | shall prescribe rules for
determining the duties and | ||||||
11 | activities to be assigned to such personnel.
In the | ||||||
12 | determination of qualifications of such personnel, the State | ||||||
13 | Board
of Education shall accept coursework earned in a | ||||||
14 | recognized institution
or from an institution of higher | ||||||
15 | learning accredited by the North Central
Association or other | ||||||
16 | comparable regional accrediting association and shall
accept | ||||||
17 | qualifications based on relevant life experiences as | ||||||
18 | determined by the
State Board of Education by rule.
| ||||||
19 | (b-5) A school board may utilize volunteer personnel from | ||||||
20 | a
regional School Crisis Assistance Team (S.C.A.T.), created | ||||||
21 | as part of the
Safe to Learn Program established pursuant to | ||||||
22 | Section 25 of the Illinois
Violence Prevention Act of 1995, to | ||||||
23 | provide assistance to schools in times
of violence or other | ||||||
24 | traumatic incidents within a school community by
providing | ||||||
25 | crisis intervention services to lessen the effects of | ||||||
26 | emotional
trauma on individuals and the community. The School |
| |||||||
| |||||||
1 | Crisis Assistance
Team Steering Committee shall determine the | ||||||
2 | qualifications for
volunteers.
| ||||||
3 | (c) School boards may also employ students holding a | ||||||
4 | bachelor's degree
from a recognized institution of higher | ||||||
5 | learning as teaching
interns when such students are enrolled | ||||||
6 | in a college or university
internship program, which has prior | ||||||
7 | approval by
the State Board of Education,
in consultation with | ||||||
8 | the State Educator Preparation and Licensure Teacher | ||||||
9 | Certification
Board, leading to a masters degree.
| ||||||
10 | Regional offices of education have the authority to | ||||||
11 | initiate and
collaborate with institutions of higher learning | ||||||
12 | to establish internship
programs referenced in this subsection | ||||||
13 | (c). The State Board of Education
has 90 days from receiving a | ||||||
14 | written proposal to establish the internship
program to seek | ||||||
15 | the State Educator Preparation and Licensure Teacher | ||||||
16 | Certification Board's consultation on
the internship program. | ||||||
17 | If the State Board of Education does not consult
the State | ||||||
18 | Educator Preparation and Licensure Teacher Certification Board | ||||||
19 | within 90 days, the regional office
of education may seek the | ||||||
20 | State Educator Preparation and Licensure Teacher Certification | ||||||
21 | Board's
consultation without the State Board of Education's | ||||||
22 | approval.
| ||||||
23 | (d) Nothing in this Section shall require constant | ||||||
24 | supervision of a
student teacher enrolled in a student | ||||||
25 | teaching course at a college or
university, provided such | ||||||
26 | activity has the prior approval of the
representative of the |
| |||||||
| |||||||
1 | higher education institution and teaching plans
have | ||||||
2 | previously been discussed with and approved by the supervising
| ||||||
3 | teacher and further provided that such teaching is within | ||||||
4 | guidelines
established by the State Board of Education in | ||||||
5 | consultation
with the State Educator Preparation and Licensure | ||||||
6 | Teacher Certification Board.
| ||||||
7 | (Source: P.A. 92-200, eff. 1-1-02; 92-724, eff. 7-25-02; | ||||||
8 | 93-332, eff. 1-1-04.)
| ||||||
9 | (105 ILCS 5/10-22.34a) (from Ch. 122, par. 10-22.34a)
| ||||||
10 | Sec. 10-22.34a. Supervision of non-academic activities. To | ||||||
11 | designate nonlicensed non-certificated persons of good | ||||||
12 | character to serve as
supervisors, chaperones or sponsors, | ||||||
13 | either on a voluntary or on a
compensated basis, for school | ||||||
14 | activities not connected with the academic
program of the | ||||||
15 | schools.
| ||||||
16 | (Source: Laws 1967, p. 1029.)
| ||||||
17 | (105 ILCS 5/10-22.34b) (from Ch. 122, par. 10-22.34b)
| ||||||
18 | Sec. 10-22.34b. Utilization of nonlicensed noncertificated | ||||||
19 | personnel. To utilize nonlicensed noncertificated persons, | ||||||
20 | under the direction of a licensed
certificated teacher, for | ||||||
21 | providing specialized instruction related to a
course assigned | ||||||
22 | to the licensed certificated teacher on a regular basis, not
| ||||||
23 | otherwise readily available in the immediate school | ||||||
24 | environment, in the
fields for which they are particularly |
| |||||||
| |||||||
1 | qualified by reason of their
specialized knowledge or skills. | ||||||
2 | The duration of the instruction shall
be determined by the | ||||||
3 | licensed certificated teacher under whose direction the
| ||||||
4 | program is conducted in view of the educational need to be | ||||||
5 | satisfied.
| ||||||
6 | Before a nonlicensed noncertificated person may be | ||||||
7 | utilized for such specialized
instruction, the school board | ||||||
8 | must secure the written approval of the regional
| ||||||
9 | superintendent of schools as to the qualifications of the
| ||||||
10 | particular nonlicensed noncertificated person, the particular | ||||||
11 | instruction he or she is to
provide, the specific functions to | ||||||
12 | be served, the total number of hours
he or she is to provide | ||||||
13 | such instruction and any compensation to be paid that
person. | ||||||
14 | The State Board of Education
shall prescribe, by
rule, | ||||||
15 | criteria for determining qualifications of such persons and | ||||||
16 | the
nature of specialized instruction for which, and the | ||||||
17 | extent to which,
such persons may be used.
| ||||||
18 | Nothing in this Section shall prevent the utilization of a | ||||||
19 | person
with specialized knowledge or experiences as a guest | ||||||
20 | lecturer or
resource person in the classroom under the direct | ||||||
21 | supervision of a licensed
certificated teacher assigned to the | ||||||
22 | classroom on a regular basis, with
prior approval of the | ||||||
23 | school administration.
| ||||||
24 | (Source: P.A. 81-1508.)
| ||||||
25 | (105 ILCS 5/10-29) |
| |||||||
| |||||||
1 | Sec. 10-29. Remote educational programs. | ||||||
2 | (a) For purposes of this Section, "remote educational | ||||||
3 | program" means an educational program delivered to students in | ||||||
4 | the home or other location outside of a school building that | ||||||
5 | meets all of the following criteria: | ||||||
6 | (1) A student may participate in the program only | ||||||
7 | after the school district, pursuant to adopted school | ||||||
8 | board policy, and a person authorized to enroll the | ||||||
9 | student under Section 10-20.12b of this Code determine | ||||||
10 | that a remote educational program will best serve the | ||||||
11 | student's individual learning needs. The adopted school | ||||||
12 | board policy shall include, but not be limited to, all of | ||||||
13 | the following: | ||||||
14 | (A) Criteria for determining that a remote | ||||||
15 | educational program will best serve a student's | ||||||
16 | individual learning needs. The criteria must include | ||||||
17 | consideration of, at a minimum, a student's prior | ||||||
18 | attendance, disciplinary record, and academic history. | ||||||
19 | (B) Any limitations on the number of students or | ||||||
20 | grade levels that may participate in a remote | ||||||
21 | educational program. | ||||||
22 | (C) A description of the process that the school | ||||||
23 | district will use to approve participation in the | ||||||
24 | remote educational program. The process must include | ||||||
25 | without limitation a requirement that, for any student | ||||||
26 | who qualifies to receive services pursuant to the |
| |||||||
| |||||||
1 | federal Individuals with Disabilities Education | ||||||
2 | Improvement Act of 2004, the student's participation | ||||||
3 | in a remote educational program receive prior approval | ||||||
4 | from the student's individualized education program | ||||||
5 | team. | ||||||
6 | (D) A description of the process the school | ||||||
7 | district will use to develop and approve a written | ||||||
8 | remote educational plan that meets the requirements of | ||||||
9 | subdivision (5) of this subsection (a). | ||||||
10 | (E) A description of the system the school | ||||||
11 | district will establish to determine student | ||||||
12 | participation in instruction in accordance with the | ||||||
13 | remote educational program. | ||||||
14 | (F) A description of the process for renewing a | ||||||
15 | remote educational program at the expiration of its | ||||||
16 | term. | ||||||
17 | (G) Such other terms and provisions as the school | ||||||
18 | district deems necessary to provide for the | ||||||
19 | establishment and delivery of a remote educational | ||||||
20 | program. | ||||||
21 | (2) The school district has determined that the remote | ||||||
22 | educational program's curriculum is aligned to State | ||||||
23 | learning standards and that the program offers instruction | ||||||
24 | and educational experiences consistent with those given to | ||||||
25 | students at the same grade level in the district. | ||||||
26 | (3) The remote educational program is delivered by |
| |||||||
| |||||||
1 | instructors that meet the following qualifications: | ||||||
2 | (A) they are licensed certificated under Article | ||||||
3 | 21B 21 of this Code; | ||||||
4 | (B) (blank); and | ||||||
5 | (C) they have responsibility for all of the | ||||||
6 | following elements of the program: planning | ||||||
7 | instruction, diagnosing learning needs, prescribing | ||||||
8 | content delivery through class activities, assessing | ||||||
9 | learning, reporting outcomes to administrators and | ||||||
10 | parents and guardians, and evaluating the effects of | ||||||
11 | instruction. | ||||||
12 | (4) During the period of time from and including the | ||||||
13 | opening date to the
closing date of the regular school | ||||||
14 | term of the school district established pursuant to | ||||||
15 | Section 10-19 of this Code, participation in a remote | ||||||
16 | educational program may be claimed for evidence-based | ||||||
17 | funding purposes under Section 18-8.15 of this Code on any | ||||||
18 | calendar day, notwithstanding whether the day is a day of | ||||||
19 | pupil attendance or institute day on the school district's | ||||||
20 | calendar or any other provision of law restricting | ||||||
21 | instruction on that day. If the district holds year-round | ||||||
22 | classes in some buildings, the district
shall classify | ||||||
23 | each student's participation in a remote educational | ||||||
24 | program as either on a year-round or a non-year-round | ||||||
25 | schedule for purposes of claiming evidence-based funding. | ||||||
26 | Outside of the regular school term of the district, the |
| |||||||
| |||||||
1 | remote educational program may be offered as part of any | ||||||
2 | summer school program authorized by this Code. | ||||||
3 | (5) Each student participating in a remote educational | ||||||
4 | program must have a written remote educational plan that | ||||||
5 | has been approved by the school district and a person | ||||||
6 | authorized to enroll the student under Section 10-20.12b | ||||||
7 | of this Code. The school district and a person authorized | ||||||
8 | to enroll the student under Section 10-20.12b of this Code | ||||||
9 | must approve any amendment to a remote educational plan. | ||||||
10 | The remote educational plan must include, but is not | ||||||
11 | limited to, all of the following: | ||||||
12 | (A) Specific achievement goals for the student | ||||||
13 | aligned to State learning standards. | ||||||
14 | (B) A description of all assessments that will be | ||||||
15 | used to measure student progress, which description | ||||||
16 | shall indicate the assessments that will be | ||||||
17 | administered at an attendance center within the school | ||||||
18 | district. | ||||||
19 | (C) A description of the progress reports that | ||||||
20 | will be provided to the school district and the person | ||||||
21 | or persons authorized to enroll the student under | ||||||
22 | Section 10-20.12b of this Code. | ||||||
23 | (D) Expectations, processes, and schedules for | ||||||
24 | interaction between a teacher and student. | ||||||
25 | (E) A description of the specific responsibilities | ||||||
26 | of the student's family and the school district with |
| |||||||
| |||||||
1 | respect to equipment, materials, phone and Internet | ||||||
2 | service, and any other requirements applicable to the | ||||||
3 | home or other location outside of a school building | ||||||
4 | necessary for the delivery of the remote educational | ||||||
5 | program. | ||||||
6 | (F) If applicable, a description of how the remote | ||||||
7 | educational program will be delivered in a manner | ||||||
8 | consistent with the student's individualized education | ||||||
9 | program required by Section 614(d) of the federal | ||||||
10 | Individuals with Disabilities Education Improvement | ||||||
11 | Act of 2004 or plan to ensure compliance with Section | ||||||
12 | 504 of the federal Rehabilitation Act of 1973. | ||||||
13 | (G) A description of the procedures and | ||||||
14 | opportunities for participation in academic and | ||||||
15 | extracurricular activities and programs within the | ||||||
16 | school district. | ||||||
17 | (H) The identification of a parent, guardian, or | ||||||
18 | other responsible adult who will provide direct | ||||||
19 | supervision of the program. The plan must include an | ||||||
20 | acknowledgment by the parent, guardian, or other | ||||||
21 | responsible adult that he or she may engage only in | ||||||
22 | non-teaching duties not requiring instructional | ||||||
23 | judgment or the evaluation of a student. The plan | ||||||
24 | shall designate the parent, guardian, or other | ||||||
25 | responsible adult as non-teaching personnel or | ||||||
26 | volunteer personnel under subsection (a) of Section |
| |||||||
| |||||||
1 | 10-22.34 of this Code. | ||||||
2 | (I) The identification of a school district | ||||||
3 | administrator who will oversee the remote educational | ||||||
4 | program on behalf of the school district and who may be | ||||||
5 | contacted by the student's parents with respect to any | ||||||
6 | issues or concerns with the program. | ||||||
7 | (J) The term of the student's participation in the | ||||||
8 | remote educational program, which may not extend for | ||||||
9 | longer than 12 months, unless the term is renewed by | ||||||
10 | the district in accordance with subdivision (7) of | ||||||
11 | this subsection (a). | ||||||
12 | (K) A description of the specific location or | ||||||
13 | locations in which the program will be delivered. If | ||||||
14 | the remote educational program is to be delivered to a | ||||||
15 | student in any location other than the student's home, | ||||||
16 | the plan must include a written determination by the | ||||||
17 | school district that the location will provide a | ||||||
18 | learning environment appropriate for the delivery of | ||||||
19 | the program. The location or locations in which the | ||||||
20 | program will be delivered shall be deemed a long | ||||||
21 | distance teaching reception area under subsection (a) | ||||||
22 | of Section 10-22.34 of this Code. | ||||||
23 | (L) Certification by the school district that the | ||||||
24 | plan meets all other requirements of this Section. | ||||||
25 | (6) Students participating in a remote educational | ||||||
26 | program must be enrolled in a school district attendance |
| |||||||
| |||||||
1 | center pursuant to the school district's enrollment policy | ||||||
2 | or policies. A student participating in a remote | ||||||
3 | educational program must be tested as part of all | ||||||
4 | assessments administered by the school district pursuant | ||||||
5 | to Section 2-3.64a-5 of this Code at the attendance center | ||||||
6 | in which the student is enrolled and in accordance with | ||||||
7 | the attendance center's assessment policies and schedule. | ||||||
8 | The student must be included within all accountability | ||||||
9 | determinations for the school district and attendance | ||||||
10 | center under State and federal law. | ||||||
11 | (7) The term of a student's participation in a remote | ||||||
12 | educational program may not extend for longer than 12 | ||||||
13 | months, unless the term is renewed by the school district. | ||||||
14 | The district may only renew a student's participation in a | ||||||
15 | remote educational program following an evaluation of the | ||||||
16 | student's progress in the program, a determination that | ||||||
17 | the student's continuation in the program will best serve | ||||||
18 | the student's individual learning needs, and an amendment | ||||||
19 | to the student's written remote educational plan | ||||||
20 | addressing any changes for the upcoming term of the | ||||||
21 | program. | ||||||
22 | For purposes of this Section, a remote educational program | ||||||
23 | does not include instruction delivered to students through an | ||||||
24 | e-learning program approved under Section 10-20.56 of this | ||||||
25 | Code. | ||||||
26 | (b) A school district may, by resolution of its school |
| |||||||
| |||||||
1 | board, establish a remote educational program. | ||||||
2 | (c) (Blank). | ||||||
3 | (d) The impact of remote educational programs on wages, | ||||||
4 | hours, and terms and conditions of employment of educational | ||||||
5 | employees within the school district shall be subject to local | ||||||
6 | collective bargaining agreements. | ||||||
7 | (e) The use of a home or other location outside of a school | ||||||
8 | building for a remote educational program shall not cause the | ||||||
9 | home or other location to be deemed a public school facility. | ||||||
10 | (f) A remote educational program may be used, but is not | ||||||
11 | required, for instruction delivered to a student in the home | ||||||
12 | or other location outside of a school building that is not | ||||||
13 | claimed for evidence-based funding purposes under Section | ||||||
14 | 18-8.15 of this Code. | ||||||
15 | (g) School districts that, pursuant to this Section, adopt | ||||||
16 | a policy for a remote educational program must submit to the | ||||||
17 | State Board of Education a copy of the policy and any | ||||||
18 | amendments thereto, as well as data on student participation | ||||||
19 | in a format specified by the State Board of Education. The | ||||||
20 | State Board of Education may perform or contract with an | ||||||
21 | outside entity to perform an evaluation of remote educational | ||||||
22 | programs in this State. | ||||||
23 | (h) The State Board of Education may adopt any rules | ||||||
24 | necessary to ensure compliance by remote educational programs | ||||||
25 | with the requirements of this Section and other applicable | ||||||
26 | legal requirements.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18; | ||||||
2 | 101-81, eff. 7-12-19.)
| ||||||
3 | (105 ILCS 5/13B-25.20)
| ||||||
4 | Sec. 13B-25.20. Requirements for the district plan. The | ||||||
5 | district plan
must be consistent with
the school district's | ||||||
6 | overall mission and goals and aligned with the local
school | ||||||
7 | improvement plans of
each participating school. The district | ||||||
8 | plan must include all of the
following:
| ||||||
9 | (1) A description of the program, including the
| ||||||
10 | students at risk of academic failure to be served,
| ||||||
11 | evidence of need, program goals, objectives, and | ||||||
12 | measurable outcomes.
| ||||||
13 | (2) A staffing plan, including the experiences, | ||||||
14 | competency, and
qualifications of licensed and nonlicensed
| ||||||
15 | certified and non-certificated staff and emphasizing their | ||||||
16 | individual and
collective abilities to
work with students | ||||||
17 | at risk of academic failure.
| ||||||
18 | (3) A description and schedule of support services | ||||||
19 | that will be available
to students as
part of their | ||||||
20 | instructional program, including procedures for accessing
| ||||||
21 | services required for
students on an as-needed basis.
| ||||||
22 | (4) How the district will use grant funds to improve | ||||||
23 | the educational
achievement of students at risk of | ||||||
24 | academic failure.
| ||||||
25 | (5) A detailed program budget that includes sources of |
| |||||||
| |||||||
1 | funding to be used
in
conjunction with alternative | ||||||
2 | learning opportunities grant funds and a plan for
| ||||||
3 | allocating costs to
those funds.
| ||||||
4 | (6) A plan that outlines how funding for alternative | ||||||
5 | learning
opportunities will be
coordinated with other | ||||||
6 | State and federal funds to ensure the efficient and
| ||||||
7 | effective delivery of
the program.
| ||||||
8 | (7) A description of other sources of revenue the | ||||||
9 | district will allocate
to the program.
| ||||||
10 | (8) An estimate of the total cost per student for the | ||||||
11 | program and an
estimate of any
gap between existing | ||||||
12 | revenue available for the program and the total cost of
| ||||||
13 | the program.
| ||||||
14 | (9) A description of how parents and community members | ||||||
15 | will be involved in
the
program.
| ||||||
16 | (10) Policies and procedures used by the district to | ||||||
17 | grant credit for
student work
satisfactorily completed in | ||||||
18 | the program.
| ||||||
19 | (11) How the district will assess students enrolled in | ||||||
20 | the program,
including how
statewide testing for students | ||||||
21 | in alternative learning opportunities settings
will be | ||||||
22 | addressed.
| ||||||
23 | (12) How students will be admitted to the program and | ||||||
24 | how students
will make an effective transition back to the | ||||||
25 | regular school program, as
appropriate.
| ||||||
26 | (13) All cooperative and intergovernmental agreements |
| |||||||
| |||||||
1 | and subcontracts
with eligible
entities.
| ||||||
2 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
3 | (105 ILCS 5/13B-65)
| ||||||
4 | Sec. 13B-65. Teacher licensure certification . Teachers | ||||||
5 | with a valid and active
elementary, secondary,
or special | ||||||
6 | PK-12 Illinois teaching license certificate may teach in an | ||||||
7 | alternative
learning opportunities
program.
| ||||||
8 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
9 | (105 ILCS 5/13B-65.5)
| ||||||
10 | Sec. 13B-65.5. Alternative learning credentials for | ||||||
11 | teachers. Licensed Certificated
teachers may
receive an | ||||||
12 | endorsement or approval in the area of alternative learning. | ||||||
13 | The
State Board shall
establish teaching standards in | ||||||
14 | alternative learning that lead to such an
endorsement or | ||||||
15 | approval.
| ||||||
16 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
17 | (105 ILCS 5/14-1.09b)
| ||||||
18 | Sec. 14-1.09b. Speech-language pathologist.
| ||||||
19 | (a) For purposes of supervision of a speech-language | ||||||
20 | pathology assistant,
"speech-language pathologist" means a | ||||||
21 | person who has received a license
pursuant to the Illinois | ||||||
22 | Speech-Language Pathology and Audiology Practice Act
to engage | ||||||
23 | in the practice of speech-language pathology.
|
| |||||||
| |||||||
1 | (b) A Professional Educator License The School Service | ||||||
2 | Personnel Certificate with a school support personnel | ||||||
3 | endorsement for speech-language pathologist
endorsement shall | ||||||
4 | be issued under Section 21B-25 21-25 of this Code to a
| ||||||
5 | speech-language pathologist who meets all of the following | ||||||
6 | requirements:
| ||||||
7 | (1) (A) Holds a regular license as a speech-language | ||||||
8 | pathologist
pursuant to the Illinois Speech-Language | ||||||
9 | Pathology and Audiology Practice Act,
(B) holds a current | ||||||
10 | Certificate of Clinical Competence in
speech-language | ||||||
11 | pathology from the American Speech-Language-Hearing | ||||||
12 | Association
and a regular license in speech-language | ||||||
13 | pathology from another state or
territory or the District | ||||||
14 | of Columbia and has applied for a regular license as
a | ||||||
15 | speech-language pathologist pursuant to the Illinois | ||||||
16 | Speech-Language
Pathology and Audiology Practice Act, or | ||||||
17 | (C) holds or has applied for a temporary license pursuant | ||||||
18 | to
Section 8.1 of the Illinois Speech-Language Pathology | ||||||
19 | and Audiology Practice Act.
| ||||||
20 | (2) Holds a master's or doctoral degree with a major | ||||||
21 | emphasis in
speech-language pathology from an institution | ||||||
22 | whose course of study was
approved or program was | ||||||
23 | accredited by the Council on Academic Accreditation in
| ||||||
24 | Audiology and Speech-Language Pathology of the American | ||||||
25 | Speech-Language-Hearing
Association or its predecessor.
| ||||||
26 | (3) Either (i) has completed a program of study that
|
| |||||||
| |||||||
1 | meets the content area standards for
speech-language | ||||||
2 | pathologists approved by the State Board of Education, in
| ||||||
3 | consultation with the State Educator Preparation and | ||||||
4 | Licensure Teachers Certification Board, (ii) has completed | ||||||
5 | a program in another state, territory, or possession of | ||||||
6 | the United States that is comparable to an approved | ||||||
7 | program of study described in item (i), or (iii) holds a | ||||||
8 | certificate or license issued by another state, territory, | ||||||
9 | or possession of the United States that is comparable to | ||||||
10 | the Professional Educator License school service personnel | ||||||
11 | certificate with a school support personnel | ||||||
12 | speech-language endorsement for speech-language | ||||||
13 | pathologist . If the requirements described in items (i), | ||||||
14 | (ii), or (iii) of this paragraph (3) have not been met, a | ||||||
15 | person must provide evidence that he or she has completed | ||||||
16 | at least 150 clock hours of supervised experience in | ||||||
17 | speech-language pathology with students with disabilities | ||||||
18 | in a school setting, including experience required by | ||||||
19 | federal law or federal court order; however, a person who | ||||||
20 | lacks such experience may obtain interim licensure | ||||||
21 | certification as established by the Illinois State Board | ||||||
22 | of Education, in consultation with the State Educator | ||||||
23 | Preparation and Licensure Teacher Certification Board, and | ||||||
24 | shall participate in school-based professional experience | ||||||
25 | of at least 150 clock hours to meet this requirement.
| ||||||
26 | (4) Has successfully completed the required Illinois |
| |||||||
| |||||||
1 | licensure certification tests.
| ||||||
2 | (5) Has paid the application fee required for | ||||||
3 | licensure certification .
| ||||||
4 | The provisions of this subsection (b) do not preclude the | ||||||
5 | issuance of an educator license a
teaching certificate to a | ||||||
6 | speech-language pathologist who qualifies for such a license
| ||||||
7 | certificate . | ||||||
8 | (c) Notwithstanding subsection (b), a Professional | ||||||
9 | Educator License with a school support personnel endorsement | ||||||
10 | for non-teaching speech-language pathologist shall be issued | ||||||
11 | under Section 21B-25 to a speech-language pathologist who (i) | ||||||
12 | holds a regular license as a speech-language pathologist | ||||||
13 | pursuant to the Illinois Speech-Language Pathology and | ||||||
14 | Audiology Practice Act and (ii) holds a current Certificate of | ||||||
15 | Clinical Competence in
speech-language pathology from the | ||||||
16 | American Speech-Language-Hearing Association.
| ||||||
17 | (Source: P.A. 101-94, eff. 1-1-20 .)
| ||||||
18 | (105 ILCS 5/14-1.09.1)
| ||||||
19 | Sec. 14-1.09.1. School psychological services. In the | ||||||
20 | public schools,
school psychological
services provided by | ||||||
21 | qualified specialists who hold a Professional Educator License | ||||||
22 | Type 73 School
Service Personnel Certificates endorsed for | ||||||
23 | school psychology issued by the
State Teacher Certification | ||||||
24 | Board of Education may
include, but are not limited to: (i) | ||||||
25 | administration and interpretation of
psychological and
|
| |||||||
| |||||||
1 | educational evaluations; (ii) developing school-based | ||||||
2 | prevention programs,
including violence prevention programs; | ||||||
3 | (iii) counseling
with students, parents, and teachers
on | ||||||
4 | educational and mental health issues; (iv) acting as liaisons | ||||||
5 | between public
schools and community agencies; (v) evaluating
| ||||||
6 | program effectiveness; (vi) providing crisis intervention | ||||||
7 | within the
school setting; (vii) helping teachers, parents, | ||||||
8 | and others involved in the
educational process to provide | ||||||
9 | optimum teaching and learning conditions for all
students; | ||||||
10 | (viii) supervising school psychologist interns enrolled in | ||||||
11 | school
psychology programs that meet the standards established | ||||||
12 | by the State Board of
Education; and (ix) screening of school | ||||||
13 | enrollments to identify children who
should be referred for | ||||||
14 | individual study. Nothing in this Section prohibits
other | ||||||
15 | qualified professionals from providing those services
listed | ||||||
16 | for which
they are appropriately trained.
| ||||||
17 | (Source: P.A. 89-339, eff. 8-17-95.)
| ||||||
18 | (105 ILCS 5/14-1.09.2)
| ||||||
19 | Sec. 14-1.09.2. School Social Work Services. In the
public | ||||||
20 | schools, social work services may be provided by qualified | ||||||
21 | specialists
who hold Type 73 School Service Personnel | ||||||
22 | Certificates endorsed for school
social work issued by the | ||||||
23 | State Teacher Certification Board or who hold a Professional | ||||||
24 | Educator License with a school support personnel endorsement | ||||||
25 | in the area of school social worker under Section 21B-25 of |
| |||||||
| |||||||
1 | this Code.
| ||||||
2 | School social work services may include, but are not | ||||||
3 | limited to:
| ||||||
4 | (1) Identifying students in need of special education | ||||||
5 | services by
conducting a social-developmental study in a | ||||||
6 | case study evaluation;
| ||||||
7 | (2) Developing and implementing comprehensive | ||||||
8 | interventions with students,
parents, and teachers that | ||||||
9 | will enhance student adjustment to, and performance
in, | ||||||
10 | the school setting;
| ||||||
11 | (3) Consulting and collaborating with teachers and | ||||||
12 | other school personnel
regarding behavior management and | ||||||
13 | intervention plans and inclusion in support
of special | ||||||
14 | education students in regular classroom settings;
| ||||||
15 | (4) Counseling with students, parents, and teachers in | ||||||
16 | accordance with
the rules and regulations governing | ||||||
17 | provision of related services, provided
that parent | ||||||
18 | permission must be obtained in writing before a student
| ||||||
19 | participates in a group counseling session;
| ||||||
20 | (5) Acting as a liaison between the public schools and | ||||||
21 | community
resources;
| ||||||
22 | (6) Developing and implementing school-based | ||||||
23 | prevention programs,
including mediation and violence | ||||||
24 | prevention, implementing social and emotional education | ||||||
25 | programs and services, and establishing and implementing | ||||||
26 | bullying prevention and intervention programs;
|
| |||||||
| |||||||
1 | (7) Providing crisis intervention within the school | ||||||
2 | setting;
| ||||||
3 | (8) Supervising school social work interns enrolled in | ||||||
4 | school social work
programs that meet the standards | ||||||
5 | established by the State Board of Education;
| ||||||
6 | (9) Providing parent education and counseling as | ||||||
7 | appropriate in relation
to the child's educational | ||||||
8 | assessment;
| ||||||
9 | (10) Assisting in completing a functional behavioral | ||||||
10 | assessment, as
well as assisting in the development of | ||||||
11 | nonaversive behavioral intervention
strategies; and
| ||||||
12 | (11) Evaluating program effectiveness. | ||||||
13 | Nothing in this Section prohibits other licensed certified | ||||||
14 | professionals from
providing any of the services listed in | ||||||
15 | this Section for which
they are appropriately trained.
| ||||||
16 | (Source: P.A. 98-338, eff. 8-13-13.)
| ||||||
17 | (105 ILCS 5/14-6.04)
| ||||||
18 | Sec. 14-6.04. Contracting for speech-language pathology | ||||||
19 | services.
| ||||||
20 | (a) For purposes of this Section:
| ||||||
21 | "Reasonable efforts" means performing all of the | ||||||
22 | following:
| ||||||
23 | (1) placing at least 3 employment advertisements for a | ||||||
24 | speech-language
pathologist published in the newspaper of | ||||||
25 | widest distribution within the school
district or |
| |||||||
| |||||||
1 | cooperative;
| ||||||
2 | (2) placing one employment listing in the placement | ||||||
3 | bulletin of a
college or university that has a | ||||||
4 | speech-language pathology curriculum that is
located in | ||||||
5 | the geographic area of the school district or cooperative, | ||||||
6 | if any;
and
| ||||||
7 | (3) posting the position for speech-language | ||||||
8 | pathologist on the Illinois
Association of School | ||||||
9 | Administrators' job placement service for at least 30
| ||||||
10 | days.
| ||||||
11 | "Speech-language pathologist" means a person who:
| ||||||
12 | (1) holds a master's or doctoral degree with a major | ||||||
13 | emphasis in
speech-language pathology from an institution | ||||||
14 | whose course of study was
approved or program was | ||||||
15 | accredited by the Council on Academic Accreditation in
| ||||||
16 | Audiology and Speech-Language Pathology of the American | ||||||
17 | Speech-Language-Hearing
Association or its predecessor; | ||||||
18 | and
| ||||||
19 | (2) either (i) has completed a program of study that
| ||||||
20 | meets the content-area standards for
speech-language | ||||||
21 | pathologists approved by the State Board of Education, in
| ||||||
22 | consultation with the State Educator Preparation and | ||||||
23 | Licensure Teacher Certification Board, (ii) has completed | ||||||
24 | a program in another state, territory, or possession of | ||||||
25 | the United States that is comparable to an approved | ||||||
26 | program of study described in item (i), or (iii) holds a |
| |||||||
| |||||||
1 | certificate or license issued by another state, territory, | ||||||
2 | or possession of the United States that is comparable to a | ||||||
3 | Professional Educator License with a school support | ||||||
4 | personnel endorsement in the area of speech-language | ||||||
5 | pathologist the school service personnel certificate with | ||||||
6 | a speech-language endorsement . If the requirements | ||||||
7 | described in items (i), (ii), or (iii) of this paragraph | ||||||
8 | (2) have not been met, a person must provide evidence that | ||||||
9 | he or she has completed at least 150 clock hours of | ||||||
10 | supervised experience in speech-language pathology with | ||||||
11 | students with disabilities in a school setting, including | ||||||
12 | experience required by federal law or federal court order; | ||||||
13 | however, a person who lacks such experience may obtain | ||||||
14 | interim certification as established by the Illinois State | ||||||
15 | Board of Education, in consultation with the State Teacher | ||||||
16 | Certification Board, and shall participate in school-based | ||||||
17 | professional experience of at least 150 clock hours to | ||||||
18 | meet this requirement.
| ||||||
19 | "Speech-language pathology services" means the application | ||||||
20 | of methods and
procedures for identifying, measuring, testing, | ||||||
21 | appraising, predicting, and
modifying communication | ||||||
22 | development and disorders or disabilities of speech,
language, | ||||||
23 | voice, swallowing, and other speech, language, and | ||||||
24 | voice-related
disorders for the purpose of counseling, | ||||||
25 | consulting, and rendering services or
participating in the | ||||||
26 | planning, directing, or conducting of programs that are
|
| |||||||
| |||||||
1 | designed to modify communicative disorders and conditions in | ||||||
2 | individuals or
groups of individuals involving speech, | ||||||
3 | language, voice, and swallowing
functions.
| ||||||
4 | (b) A school district or a cooperative must make | ||||||
5 | reasonable efforts to
employ a speech-language pathologist. | ||||||
6 | While making those reasonable efforts or
after unsuccessful | ||||||
7 | reasonable efforts have been made, or both, a school
district | ||||||
8 | or cooperative may contract for speech-language pathology
| ||||||
9 | services with a speech-language pathologist or an entity that | ||||||
10 | employs
speech-language pathologists. A speech-language | ||||||
11 | pathologist who provides
speech-language pathology services | ||||||
12 | pursuant to a contract must:
| ||||||
13 | (1) hold a speech-language pathology license under the | ||||||
14 | Illinois Speech-Language
Pathology and Audiology Practice | ||||||
15 | Act or hold or have applied for a temporary license issued | ||||||
16 | under Section 8.1 of that Act; and
| ||||||
17 | (2) hold a Professional Educator License with a | ||||||
18 | special education endorsement in the area of | ||||||
19 | speech-language pathologist or with a school support | ||||||
20 | personnel endorsement in the area of school speech and | ||||||
21 | language pathologist certificate under this Code with an | ||||||
22 | endorsement in speech-language
pathology .
| ||||||
23 | (Source: P.A. 93-110, eff. 7-8-03; 93-1060, eff. 12-23-04.)
| ||||||
24 | (105 ILCS 5/14-7.05)
| ||||||
25 | Sec. 14-7.05. Placement in residential facility; payment |
| |||||||
| |||||||
1 | of educational costs. For any student with a disability in a | ||||||
2 | residential facility placement made or paid for by an Illinois | ||||||
3 | public State agency or made by any court in this State, the | ||||||
4 | school district of residence as determined pursuant to this | ||||||
5 | Article is responsible for the costs of educating the child | ||||||
6 | and shall be reimbursed for those costs in accordance with | ||||||
7 | this Code. Subject to this Section and relevant State | ||||||
8 | appropriation, the resident district's financial | ||||||
9 | responsibility and reimbursement must be calculated in | ||||||
10 | accordance with the provisions of Section 14-7.02 of this | ||||||
11 | Code. In those instances in which a district receives a block | ||||||
12 | grant pursuant to Article 1D of this Code, the district's | ||||||
13 | financial responsibility is limited to the actual educational | ||||||
14 | costs of the placement, which must be paid by the district from | ||||||
15 | its block grant appropriation. Resident district financial | ||||||
16 | responsibility and reimbursement applies for both residential | ||||||
17 | facilities that are approved by the State Board of Education | ||||||
18 | and non-approved facilities, subject to the requirements of | ||||||
19 | this Section. The Illinois placing agency or court remains | ||||||
20 | responsible for funding the residential portion of the | ||||||
21 | placement and for notifying the resident district prior to the | ||||||
22 | placement, except in emergency situations. The residential | ||||||
23 | facility in which the student is placed shall notify the | ||||||
24 | resident district of the student's enrollment as soon as | ||||||
25 | practicable after the placement. Failure of the placing agency | ||||||
26 | or court to notify the resident district prior to the |
| |||||||
| |||||||
1 | placement does not absolve the resident district of financial | ||||||
2 | responsibility for the educational costs of the placement; | ||||||
3 | however, the resident district shall not become financially | ||||||
4 | responsible unless and until it receives written notice of the | ||||||
5 | placement by either the placing agency, court, or residential | ||||||
6 | facility. The placing agency or parent shall request an | ||||||
7 | individualized education program (IEP) meeting from the | ||||||
8 | resident district if the placement would entail additional | ||||||
9 | educational services beyond the student's current IEP. The | ||||||
10 | district of residence shall retain control of the IEP process, | ||||||
11 | and any changes to the IEP must be done in compliance with the | ||||||
12 | federal Individuals with Disabilities Education Act. | ||||||
13 | Prior to the placement of a child in an out-of-state | ||||||
14 | special education residential facility, the placing agency or | ||||||
15 | court must refer to the child or the child's parent or guardian | ||||||
16 | the option to place the child in a special education | ||||||
17 | residential facility located within this State, if any, that | ||||||
18 | provides treatment and services comparable to those provided | ||||||
19 | by the out-of-state special education residential facility. | ||||||
20 | The placing agency or court must review annually the placement | ||||||
21 | of a child in an out-of-state special education residential | ||||||
22 | facility. As a part of the review, the placing agency or court | ||||||
23 | must refer to the child or the child's parent or guardian the | ||||||
24 | option to place the child in a comparable special education | ||||||
25 | residential facility located within this State, if any. | ||||||
26 | Payments shall be made by the resident district to the |
| |||||||
| |||||||
1 | entity providing the educational services, whether the entity | ||||||
2 | is the residential facility or the school district wherein the | ||||||
3 | facility is located, no less than once per quarter unless | ||||||
4 | otherwise agreed to in writing by the parties. | ||||||
5 | A residential facility providing educational services | ||||||
6 | within the facility, but not approved by the State Board of | ||||||
7 | Education, is required to demonstrate proof to the State Board | ||||||
8 | of (i) appropriate licensure certification of teachers for the | ||||||
9 | student population, (ii) age-appropriate curriculum, (iii) | ||||||
10 | enrollment and attendance data, and (iv) the ability to | ||||||
11 | implement the child's IEP. A school district is under no | ||||||
12 | obligation to pay such a residential facility unless and until | ||||||
13 | such proof is provided to the State Board's satisfaction. | ||||||
14 | When a dispute arises over the determination of the | ||||||
15 | district of residence under this Section, any person or | ||||||
16 | entity, including without limitation a school district or | ||||||
17 | residential facility, may make a written request for a | ||||||
18 | residency decision to the State Superintendent of Education, | ||||||
19 | who, upon review of materials submitted and any other items of | ||||||
20 | information he or she may request for submission, shall issue | ||||||
21 | his or her decision in writing. The decision of the State | ||||||
22 | Superintendent of Education is final.
| ||||||
23 | (Source: P.A. 102-254, eff. 8-6-21.) | ||||||
24 | (105 ILCS 5/14-8.02d)
| ||||||
25 | Sec. 14-8.02d. Evaluation of due process hearing system. |
| |||||||
| |||||||
1 | The State Board of Education shall monitor, review, and | ||||||
2 | evaluate the impartial due process hearing system on a regular | ||||||
3 | basis by a process that includes a review of written decisions | ||||||
4 | and evaluations by participants in impartial due process | ||||||
5 | hearings and their representatives. The In conjunction with | ||||||
6 | the Annual State Report on Special Education Performance, the | ||||||
7 | State Board of Education shall annually post to its website by | ||||||
8 | August 1 submit data on the performance of the due process | ||||||
9 | hearing system, including data on timeliness of hearings and | ||||||
10 | an analysis of the issues and disability categories underlying | ||||||
11 | hearing requests during the period covered by the Annual State | ||||||
12 | Report. The data provided for the Annual State Report must be | ||||||
13 | submitted to the members of the State Board of Education, the | ||||||
14 | State Superintendent of Education, the Advisory Council on | ||||||
15 | Education of Children with Disabilities, and the Screening | ||||||
16 | Committee established under Section 14-8.02c of this Code and | ||||||
17 | must be made available to the public .
| ||||||
18 | (Source: P.A. 94-1100, eff. 2-2-07.)
| ||||||
19 | (105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)
| ||||||
20 | Sec. 14-9.01. Qualifications of teachers, other | ||||||
21 | professional personnel
and necessary workers. No person shall | ||||||
22 | be employed to teach any class or
program authorized by this | ||||||
23 | Article who does not hold a valid teacher's
license as | ||||||
24 | provided by law and unless he has had such special training
as | ||||||
25 | the State Board of Education may require. No special license |
| |||||||
| |||||||
1 | or
endorsement to a special license issued under Section | ||||||
2 | 21B-30 of this Code shall be valid for teaching students with | ||||||
3 | visual
disabilities unless the person to whom the license or | ||||||
4 | endorsement is issued
has attained satisfactory performance on | ||||||
5 | an examination that is designed to
assess competency in | ||||||
6 | Braille reading and writing skills according to standards
that | ||||||
7 | the State Board of Education may adopt. Evidence of | ||||||
8 | successfully
completing the examination of Braille reading and | ||||||
9 | writing skills must be
submitted to the State Board of | ||||||
10 | Education prior to an applicant's taking
of the content area | ||||||
11 | test required under Section 21B-30 of this Code. In addition | ||||||
12 | to other requirements, a candidate for a teaching
license in | ||||||
13 | the area of the deaf and hard of hearing granted by the
| ||||||
14 | Illinois State Board of Education for teaching deaf and hard | ||||||
15 | of hearing
students in grades pre-school through grade 12 must | ||||||
16 | demonstrate a minimum
proficiency in sign language as | ||||||
17 | determined by the Illinois State Board of
Education. All other | ||||||
18 | professional personnel employed in any class, service,
or | ||||||
19 | program authorized by this Article shall hold such licenses | ||||||
20 | and shall
have had such special training as the State Board of | ||||||
21 | Education may require;
provided that in a school district | ||||||
22 | organized under Article 34, the school
district may employ | ||||||
23 | speech and language pathologists who are licensed under the
| ||||||
24 | Illinois Speech-Language Pathology and Audiology Practice Act | ||||||
25 | but who do not
hold a license issued under this Code if the | ||||||
26 | district certifies that
a chronic shortage of licensed |
| |||||||
| |||||||
1 | certified personnel exists. Nothing contained in this
Act | ||||||
2 | prohibits the school board from employing necessary workers to | ||||||
3 | assist the
teacher with the special educational facilities, | ||||||
4 | except that all such necessary
workers must have had such | ||||||
5 | training as the State Board of Education may
require.
| ||||||
6 | The No later than January 1, 1993, the State Board of | ||||||
7 | Education shall develop,
in consultation with the Advisory | ||||||
8 | Council on the Education of Children with
Disabilities and the | ||||||
9 | Advisory Council on Bilingual Education, rules governing
the | ||||||
10 | qualifications for licensure certification of teachers and | ||||||
11 | school service personnel
providing services to English | ||||||
12 | learners receiving special
education and related services.
| ||||||
13 | The employment of any teacher in a special education | ||||||
14 | program provided
for in Sections 14-1.01 to 14-14.01, | ||||||
15 | inclusive, shall be subject to
the provisions of Sections | ||||||
16 | 24-11 to 24-16, inclusive. Any teacher
employed in a special | ||||||
17 | education program, prior to the effective date of
this | ||||||
18 | amendatory Act of 1987, in which 2 or more districts
| ||||||
19 | participate shall enter upon contractual continued service in | ||||||
20 | each of
the participating districts subject to the provisions | ||||||
21 | of Sections 24-11
to 24-16, inclusive.
| ||||||
22 | (Source: P.A. 99-30, eff. 7-10-15.)
| ||||||
23 | (105 ILCS 5/14-17) | ||||||
24 | (Section scheduled to be repealed on December 31, 2022) | ||||||
25 | Sec. 14-17. High-Cost Special Education Funding |
| |||||||
| |||||||
1 | Commission. | ||||||
2 | (a) The High-Cost Special Education Funding Commission is | ||||||
3 | created for the purpose of making recommendations to the | ||||||
4 | Governor and the General Assembly for an alternative funding | ||||||
5 | structure in this State for high-cost special education | ||||||
6 | students that is aligned to the principles of the | ||||||
7 | evidence-based funding formula in Section 18-8.15 in which | ||||||
8 | school districts furthest away from adequacy receive the | ||||||
9 | greatest amount of funding. | ||||||
10 | (b) The Commission shall consist of all of the following | ||||||
11 | members: | ||||||
12 | (1) One representative appointed by the Speaker of the | ||||||
13 | House of Representatives, who shall serve as | ||||||
14 | co-chairperson. | ||||||
15 | (2) One representative appointed by the Minority | ||||||
16 | Leader of the House of Representatives. | ||||||
17 | (3) One senator appointed by the President of the | ||||||
18 | Senate, who shall serve as co-chairperson. | ||||||
19 | (4) One senator appointed by the Minority Leader of | ||||||
20 | the Senate. | ||||||
21 | (5) The State Superintendent of Education or a | ||||||
22 | designee. | ||||||
23 | (6) The Director of the Governor's Office of | ||||||
24 | Management and Budget or a designee. | ||||||
25 | (7) The Chairperson of the Advisory Council on the | ||||||
26 | Education of Children with Disabilities or a designee. |
| |||||||
| |||||||
1 | Additionally, within 60 days after July 23, 2021 ( the | ||||||
2 | effective date of Public Act 102-150) this amendatory Act of | ||||||
3 | the 102nd General Assembly , the State Superintendent of | ||||||
4 | Education shall appoint all of the following individuals to | ||||||
5 | the Commission: | ||||||
6 | (A) One representative of a statewide association that | ||||||
7 | represents private special education schools. | ||||||
8 | (B) One representative of a statewide association that | ||||||
9 | represents special education cooperatives. | ||||||
10 | (C) One educator from a special education cooperative, | ||||||
11 | recommended by a statewide association that represents | ||||||
12 | teachers. | ||||||
13 | (D) One educator from a school special education | ||||||
14 | cooperative that is not a member district that is not a | ||||||
15 | member of a special education cooperative, recommended by | ||||||
16 | a different statewide association that represents | ||||||
17 | teachers. | ||||||
18 | (E) One educator or administrator from a nonpublic | ||||||
19 | special education school. | ||||||
20 | (F) One representative of a statewide association that | ||||||
21 | represents school administrators. | ||||||
22 | (G) One representative of a statewide association
that | ||||||
23 | represents school business officials. | ||||||
24 | (H) One representative of a statewide association that | ||||||
25 | represents private special education schools in rural | ||||||
26 | school districts. |
| |||||||
| |||||||
1 | (I) One representative from a residential program. | ||||||
2 | Members appointed to the Commission must reflect the | ||||||
3 | racial, ethnic, and geographic diversity of this State. | ||||||
4 | (c) Members of the Commission shall serve without | ||||||
5 | compensation, but may be reimbursed for their reasonable and | ||||||
6 | necessary expenses from funds appropriated to the State Board | ||||||
7 | of Education for that purpose. | ||||||
8 | (d) The State Board of Education shall provide | ||||||
9 | administrative support to the Commission. | ||||||
10 | (e) To ensure that high-quality services are provided to | ||||||
11 | ensure equitable outcomes for high-cost special education | ||||||
12 | students, the Commission shall do all the following: | ||||||
13 | (1) Review the current system of funding high-cost | ||||||
14 | special education students in this State. | ||||||
15 | (2) Review the needs of high-cost special education | ||||||
16 | students in this State and the associated costs to ensure | ||||||
17 | high-quality services are provided to these students. | ||||||
18 | (3) Review how other states fund high-cost special | ||||||
19 | education students. | ||||||
20 | (4) If available, review other proposals and best | ||||||
21 | practices for funding high-cost special education | ||||||
22 | students. | ||||||
23 | (f) On or before November 30, 2021, the Commission shall | ||||||
24 | report its recommendations to the Governor and the General | ||||||
25 | Assembly. | ||||||
26 | (g) This Section is repealed on December 31, 2022.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-150, eff. 7-23-21; revised 11-9-21.) | ||||||
2 | (105 ILCS 5/18-8.15) | ||||||
3 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
4 | for the 2017-2018 and subsequent school years. | ||||||
5 | (a) General provisions. | ||||||
6 | (1) The purpose of this Section is to ensure that, by | ||||||
7 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
8 | through grade 12 public education system with the capacity | ||||||
9 | to ensure the educational development of all persons to | ||||||
10 | the limits of their capacities in accordance with Section | ||||||
11 | 1 of Article X of the Constitution of the State of | ||||||
12 | Illinois. To accomplish that objective, this Section | ||||||
13 | creates a method of funding public education that is | ||||||
14 | evidence-based; is sufficient to ensure every student | ||||||
15 | receives a meaningful opportunity to learn irrespective of | ||||||
16 | race, ethnicity, sexual orientation, gender, or | ||||||
17 | community-income level; and is sustainable and | ||||||
18 | predictable. When fully funded under this Section, every | ||||||
19 | school shall have the resources, based on what the | ||||||
20 | evidence indicates is needed, to: | ||||||
21 | (A) provide all students with a high quality | ||||||
22 | education that offers the academic, enrichment, social | ||||||
23 | and emotional support, technical, and career-focused | ||||||
24 | programs that will allow them to become competitive | ||||||
25 | workers, responsible parents, productive citizens of |
| |||||||
| |||||||
1 | this State, and active members of our national | ||||||
2 | democracy; | ||||||
3 | (B) ensure all students receive the education they | ||||||
4 | need to graduate from high school with the skills | ||||||
5 | required to pursue post-secondary education and | ||||||
6 | training for a rewarding career; | ||||||
7 | (C) reduce, with a goal of eliminating, the | ||||||
8 | achievement gap between at-risk and non-at-risk | ||||||
9 | students by raising the performance of at-risk | ||||||
10 | students and not by reducing standards; and | ||||||
11 | (D) ensure this State satisfies its obligation to | ||||||
12 | assume the primary responsibility to fund public | ||||||
13 | education and simultaneously relieve the | ||||||
14 | disproportionate burden placed on local property taxes | ||||||
15 | to fund schools. | ||||||
16 | (2) The Evidence-Based Funding formula under this | ||||||
17 | Section shall be applied to all Organizational Units in | ||||||
18 | this State. The Evidence-Based Funding formula outlined in | ||||||
19 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
20 | of the 100th General Assembly, as passed by both | ||||||
21 | legislative chambers. As further defined and described in | ||||||
22 | this Section, there are 4 major components of the | ||||||
23 | Evidence-Based Funding model: | ||||||
24 | (A) First, the model calculates a unique Adequacy | ||||||
25 | Target for each Organizational Unit in this State that | ||||||
26 | considers the costs to implement research-based |
| |||||||
| |||||||
1 | activities, the unit's student demographics, and | ||||||
2 | regional wage differences. | ||||||
3 | (B) Second, the model calculates each | ||||||
4 | Organizational Unit's Local Capacity, or the amount | ||||||
5 | each Organizational Unit is assumed to contribute | ||||||
6 | toward its Adequacy Target from local resources. | ||||||
7 | (C) Third, the model calculates how much funding | ||||||
8 | the State currently contributes to the Organizational | ||||||
9 | Unit and adds that to the unit's Local Capacity to | ||||||
10 | determine the unit's overall current adequacy of | ||||||
11 | funding. | ||||||
12 | (D) Finally, the model's distribution method | ||||||
13 | allocates new State funding to those Organizational | ||||||
14 | Units that are least well-funded, considering both | ||||||
15 | Local Capacity and State funding, in relation to their | ||||||
16 | Adequacy Target. | ||||||
17 | (3) An Organizational Unit receiving any funding under | ||||||
18 | this Section may apply those funds to any fund so received | ||||||
19 | for which that Organizational Unit is authorized to make | ||||||
20 | expenditures by law. | ||||||
21 | (4) As used in this Section, the following terms shall | ||||||
22 | have the meanings ascribed in this paragraph (4): | ||||||
23 | "Adequacy Target" is defined in paragraph (1) of | ||||||
24 | subsection (b) of this Section. | ||||||
25 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
26 | subsection (d) of this Section. |
| |||||||
| |||||||
1 | "Adjusted Local Capacity Target" is defined in | ||||||
2 | paragraph (3) of subsection (c) of this Section. | ||||||
3 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
4 | Organizational Units, for which the State Superintendent | ||||||
5 | shall calculate and subtract for the Operating Tax Rate a | ||||||
6 | transportation rate based on total expenses for | ||||||
7 | transportation services under this Code, as reported on | ||||||
8 | the most recent Annual Financial Report in Pupil | ||||||
9 | Transportation Services, function 2550 in both the | ||||||
10 | Education and Transportation funds and functions 4110 and | ||||||
11 | 4120 in the Transportation fund, less any corresponding | ||||||
12 | fiscal year State of Illinois scheduled payments excluding | ||||||
13 | net adjustments for prior years for regular, vocational, | ||||||
14 | or special education transportation reimbursement pursuant | ||||||
15 | to Section 29-5 or subsection (b) of Section 14-13.01 of | ||||||
16 | this Code divided by the Adjusted EAV. If an | ||||||
17 | Organizational Unit's corresponding fiscal year State of | ||||||
18 | Illinois scheduled payments excluding net adjustments for | ||||||
19 | prior years for regular, vocational, or special education | ||||||
20 | transportation reimbursement pursuant to Section 29-5 or | ||||||
21 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
22 | total transportation expenses, as defined in this | ||||||
23 | paragraph, no transportation rate shall be subtracted from | ||||||
24 | the Operating Tax Rate. | ||||||
25 | "Allocation Rate" is defined in paragraph (3) of | ||||||
26 | subsection (g) of this Section. |
| |||||||
| |||||||
1 | "Alternative School" means a public school that is | ||||||
2 | created and operated by a regional superintendent of | ||||||
3 | schools and approved by the State Board. | ||||||
4 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
5 | subsection (d) of this Section. | ||||||
6 | "Assessment" means any of those benchmark, progress | ||||||
7 | monitoring, formative, diagnostic, and other assessments, | ||||||
8 | in addition to the State accountability assessment, that | ||||||
9 | assist teachers' needs in understanding the skills and | ||||||
10 | meeting the needs of the students they serve. | ||||||
11 | "Assistant principal" means a school administrator | ||||||
12 | duly endorsed to be employed as an assistant principal in | ||||||
13 | this State. | ||||||
14 | "At-risk student" means a student who is at risk of | ||||||
15 | not meeting the Illinois Learning Standards or not | ||||||
16 | graduating from elementary or high school and who | ||||||
17 | demonstrates a need for vocational support or social | ||||||
18 | services beyond that provided by the regular school | ||||||
19 | program. All students included in an Organizational Unit's | ||||||
20 | Low-Income Count, as well as all English learner and | ||||||
21 | disabled students attending the Organizational Unit, shall | ||||||
22 | be considered at-risk students under this Section. | ||||||
23 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
24 | 2018 means, for an Organizational Unit, the greater of the | ||||||
25 | average number of students (grades K through 12) reported | ||||||
26 | to the State Board as enrolled in the Organizational Unit |
| |||||||
| |||||||
1 | on October 1 in the immediately preceding school year, | ||||||
2 | plus the pre-kindergarten students who receive special | ||||||
3 | education services of 2 or more hours a day as reported to | ||||||
4 | the State Board on December 1 in the immediately preceding | ||||||
5 | school year, or the average number of students (grades K | ||||||
6 | through 12) reported to the State Board as enrolled in the | ||||||
7 | Organizational Unit on October 1, plus the | ||||||
8 | pre-kindergarten students who receive special education | ||||||
9 | services of 2 or more hours a day as reported to the State | ||||||
10 | Board on December 1, for each of the immediately preceding | ||||||
11 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
12 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
13 | for an Organizational Unit, the greater of the average | ||||||
14 | number of students (grades K through 12) reported to the | ||||||
15 | State Board as enrolled in the Organizational Unit on | ||||||
16 | October 1 and March 1 in the immediately preceding school | ||||||
17 | year, plus the pre-kindergarten students who receive | ||||||
18 | special education services as reported to the State Board | ||||||
19 | on October 1 and March 1 in the immediately preceding | ||||||
20 | school year, or the average number of students (grades K | ||||||
21 | through 12) reported to the State Board as enrolled in the | ||||||
22 | Organizational Unit on October 1 and March 1, plus the | ||||||
23 | pre-kindergarten students who receive special education | ||||||
24 | services as reported to the State Board on October 1 and | ||||||
25 | March 1, for each of the immediately preceding 3 school | ||||||
26 | years. For the purposes of this definition, "enrolled in |
| |||||||
| |||||||
1 | the Organizational Unit" means the number of students | ||||||
2 | reported to the State Board who are enrolled in schools | ||||||
3 | within the Organizational Unit that the student attends or | ||||||
4 | would attend if not placed or transferred to another | ||||||
5 | school or program to receive needed services. For the | ||||||
6 | purposes of calculating "ASE", all students, grades K | ||||||
7 | through 12, excluding those attending kindergarten for a | ||||||
8 | half day and students attending an alternative education | ||||||
9 | program operated by a regional office of education or | ||||||
10 | intermediate service center, shall be counted as 1.0. All | ||||||
11 | students attending kindergarten for a half day shall be | ||||||
12 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
13 | subsequent years, the school district reports to the State | ||||||
14 | Board of Education the intent to implement full-day | ||||||
15 | kindergarten district-wide for all students, then all | ||||||
16 | students attending kindergarten shall be counted as 1.0. | ||||||
17 | Special education pre-kindergarten students shall be | ||||||
18 | counted as 0.5 each. If the State Board does not collect or | ||||||
19 | has not collected both an October 1 and March 1 enrollment | ||||||
20 | count by grade or a December 1 collection of special | ||||||
21 | education pre-kindergarten students as of August 31, 2017 | ||||||
22 | (the effective date of Public Act 100-465), it shall | ||||||
23 | establish such collection for all future years. For any | ||||||
24 | year in which a count by grade level was collected only | ||||||
25 | once, that count shall be used as the single count | ||||||
26 | available for computing a 3-year average ASE. Funding for |
| |||||||
| |||||||
1 | programs operated by a regional office of education or an | ||||||
2 | intermediate service center must be calculated using the | ||||||
3 | Evidence-Based Funding formula under this Section for the | ||||||
4 | 2019-2020 school year and each subsequent school year | ||||||
5 | until separate adequacy formulas are developed and adopted | ||||||
6 | for each type of program. ASE for a program operated by a | ||||||
7 | regional office of education or an intermediate service | ||||||
8 | center must be determined by the March 1 enrollment for | ||||||
9 | the program. For the 2019-2020 school year, the ASE used | ||||||
10 | in the calculation must be the first-year ASE and, in that | ||||||
11 | year only, the assignment of students served by a regional | ||||||
12 | office of education or intermediate service center shall | ||||||
13 | not result in a reduction of the March enrollment for any | ||||||
14 | school district. For the 2020-2021 school year, the ASE | ||||||
15 | must be the greater of the current-year ASE or the 2-year | ||||||
16 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
17 | ASE must be the greater of the current-year ASE or the | ||||||
18 | 3-year average ASE. School districts shall submit the data | ||||||
19 | for the ASE calculation to the State Board within 45 days | ||||||
20 | of the dates required in this Section for submission of | ||||||
21 | enrollment data in order for it to be included in the ASE | ||||||
22 | calculation. For fiscal year 2018 only, the ASE | ||||||
23 | calculation shall include only enrollment taken on October | ||||||
24 | 1. In recognition of the impact of COVID-19, the | ||||||
25 | definition of "Average Student Enrollment" or "ASE" shall | ||||||
26 | be adjusted for calculations under this Section for fiscal |
| |||||||
| |||||||
1 | years 2022 through 2024. For fiscal years 2022 through | ||||||
2 | 2024, the enrollment used in the calculation of ASE | ||||||
3 | representing the 2020-2021 school year shall be the | ||||||
4 | greater of the enrollment for the 2020-2021 school year or | ||||||
5 | the 2019-2020 school year. | ||||||
6 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
7 | of subsection (g) of this Section. | ||||||
8 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
9 | this Section. | ||||||
10 | "Base Tax Year" means the property tax levy year used | ||||||
11 | to calculate the Budget Year allocation of primary State | ||||||
12 | aid. | ||||||
13 | "Base Tax Year's Extension" means the product of the | ||||||
14 | equalized assessed valuation utilized by the county clerk | ||||||
15 | in the Base Tax Year multiplied by the limiting rate as | ||||||
16 | calculated by the county clerk and defined in PTELL. | ||||||
17 | "Bilingual Education Allocation" means the amount of | ||||||
18 | an Organizational Unit's final Adequacy Target | ||||||
19 | attributable to bilingual education divided by the | ||||||
20 | Organizational Unit's final Adequacy Target, the product | ||||||
21 | of which shall be multiplied by the amount of new funding | ||||||
22 | received pursuant to this Section. An Organizational | ||||||
23 | Unit's final Adequacy Target attributable to bilingual | ||||||
24 | education shall include all additional investments in | ||||||
25 | English learner students' adequacy elements. | ||||||
26 | "Budget Year" means the school year for which primary |
| |||||||
| |||||||
1 | State aid is calculated and awarded under this Section. | ||||||
2 | "Central office" means individual administrators and | ||||||
3 | support service personnel charged with managing the | ||||||
4 | instructional programs, business and operations, and | ||||||
5 | security of the Organizational Unit. | ||||||
6 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
7 | differentiation metric that measures systemic, regional | ||||||
8 | variations in the salaries of college graduates who are | ||||||
9 | not educators. The CWI utilized for this Section shall, | ||||||
10 | for the first 3 years of Evidence-Based Funding | ||||||
11 | implementation, be the CWI initially developed by the | ||||||
12 | National Center for Education Statistics, as most recently | ||||||
13 | updated by Texas A & M University. In the fourth and | ||||||
14 | subsequent years of Evidence-Based Funding implementation, | ||||||
15 | the State Superintendent shall re-determine the CWI using | ||||||
16 | a similar methodology to that identified in the Texas A & M | ||||||
17 | University study, with adjustments made no less frequently | ||||||
18 | than once every 5 years. | ||||||
19 | "Computer technology and equipment" means computers | ||||||
20 | servers, notebooks, network equipment, copiers, printers, | ||||||
21 | instructional software, security software, curriculum | ||||||
22 | management courseware, and other similar materials and | ||||||
23 | equipment. | ||||||
24 | "Computer technology and equipment investment | ||||||
25 | allocation" means the final Adequacy Target amount of an | ||||||
26 | Organizational Unit assigned to Tier 1 or Tier 2 in the |
| |||||||
| |||||||
1 | prior school year attributable to the additional $285.50 | ||||||
2 | per student computer technology and equipment investment | ||||||
3 | grant divided by the Organizational Unit's final Adequacy | ||||||
4 | Target, the result of which shall be multiplied by the | ||||||
5 | amount of new funding received pursuant to this Section. | ||||||
6 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
7 | Adequacy Target attributable to the received computer | ||||||
8 | technology and equipment investment grant shall include | ||||||
9 | all additional investments in computer technology and | ||||||
10 | equipment adequacy elements. | ||||||
11 | "Core subject" means mathematics; science; reading, | ||||||
12 | English, writing, and language arts; history and social | ||||||
13 | studies; world languages; and subjects taught as Advanced | ||||||
14 | Placement in high schools. | ||||||
15 | "Core teacher" means a regular classroom teacher in | ||||||
16 | elementary schools and teachers of a core subject in | ||||||
17 | middle and high schools. | ||||||
18 | "Core Intervention teacher (tutor)" means a licensed | ||||||
19 | teacher providing one-on-one or small group tutoring to | ||||||
20 | students struggling to meet proficiency in core subjects. | ||||||
21 | "CPPRT" means corporate personal property replacement | ||||||
22 | tax funds paid to an Organizational Unit during the | ||||||
23 | calendar year one year before the calendar year in which a | ||||||
24 | school year begins, pursuant to "An Act in relation to the | ||||||
25 | abolition of ad valorem personal property tax and the | ||||||
26 | replacement of revenues lost thereby, and amending and |
| |||||||
| |||||||
1 | repealing certain Acts and parts of Acts in connection | ||||||
2 | therewith", certified August 14, 1979, as amended (Public | ||||||
3 | Act 81-1st S.S.-1). | ||||||
4 | "EAV" means equalized assessed valuation as defined in | ||||||
5 | paragraph (2) of subsection (d) of this Section and | ||||||
6 | calculated in accordance with paragraph (3) of subsection | ||||||
7 | (d) of this Section. | ||||||
8 | "ECI" means the Bureau of Labor Statistics' national | ||||||
9 | employment cost index for civilian workers in educational | ||||||
10 | services in elementary and secondary schools on a | ||||||
11 | cumulative basis for the 12-month calendar year preceding | ||||||
12 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
13 | "EIS Data" means the employment information system | ||||||
14 | data maintained by the State Board on educators within | ||||||
15 | Organizational Units. | ||||||
16 | "Employee benefits" means health, dental, and vision | ||||||
17 | insurance offered to employees of an Organizational Unit, | ||||||
18 | the costs associated with the statutorily required payment | ||||||
19 | of the normal cost of the Organizational Unit's teacher | ||||||
20 | pensions, Social Security employer contributions, and | ||||||
21 | Illinois Municipal Retirement Fund employer contributions. | ||||||
22 | "English learner" or "EL" means a child included in | ||||||
23 | the definition of "English learners" under Section 14C-2 | ||||||
24 | of this Code participating in a program of transitional | ||||||
25 | bilingual education or a transitional program of | ||||||
26 | instruction meeting the requirements and program |
| |||||||
| |||||||
1 | application procedures of Article 14C of this Code. For | ||||||
2 | the purposes of collecting the number of EL students | ||||||
3 | enrolled, the same collection and calculation methodology | ||||||
4 | as defined above for "ASE" shall apply to English | ||||||
5 | learners, with the exception that EL student enrollment | ||||||
6 | shall include students in grades pre-kindergarten through | ||||||
7 | 12. | ||||||
8 | "Essential Elements" means those elements, resources, | ||||||
9 | and educational programs that have been identified through | ||||||
10 | academic research as necessary to improve student success, | ||||||
11 | improve academic performance, close achievement gaps, and | ||||||
12 | provide for other per student costs related to the | ||||||
13 | delivery and leadership of the Organizational Unit, as | ||||||
14 | well as the maintenance and operations of the unit, and | ||||||
15 | which are specified in paragraph (2) of subsection (b) of | ||||||
16 | this Section. | ||||||
17 | "Evidence-Based Funding" means State funding provided | ||||||
18 | to an Organizational Unit pursuant to this Section. | ||||||
19 | "Extended day" means academic and enrichment programs | ||||||
20 | provided to students outside the regular school day before | ||||||
21 | and after school or during non-instructional times during | ||||||
22 | the school day. | ||||||
23 | "Extension Limitation Ratio" means a numerical ratio | ||||||
24 | in which the numerator is the Base Tax Year's Extension | ||||||
25 | and the denominator is the Preceding Tax Year's Extension. | ||||||
26 | "Final Percent of Adequacy" is defined in paragraph |
| |||||||
| |||||||
1 | (4) of subsection (f) of this Section. | ||||||
2 | "Final Resources" is defined in paragraph (3) of | ||||||
3 | subsection (f) of this Section. | ||||||
4 | "Full-time equivalent" or "FTE" means the full-time | ||||||
5 | equivalency compensation for staffing the relevant | ||||||
6 | position at an Organizational Unit. | ||||||
7 | "Funding Gap" is defined in paragraph (1) of | ||||||
8 | subsection (g). | ||||||
9 | "Hybrid District" means a partial elementary unit | ||||||
10 | district created pursuant to Article 11E of this Code. | ||||||
11 | "Instructional assistant" means a core or special | ||||||
12 | education, non-licensed employee who assists a teacher in | ||||||
13 | the classroom and provides academic support to students. | ||||||
14 | "Instructional facilitator" means a qualified teacher | ||||||
15 | or licensed teacher leader who facilitates and coaches | ||||||
16 | continuous improvement in classroom instruction; provides | ||||||
17 | instructional support to teachers in the elements of | ||||||
18 | research-based instruction or demonstrates the alignment | ||||||
19 | of instruction with curriculum standards and assessment | ||||||
20 | tools; develops or coordinates instructional programs or | ||||||
21 | strategies; develops and implements training; chooses | ||||||
22 | standards-based instructional materials; provides | ||||||
23 | teachers with an understanding of current research; serves | ||||||
24 | as a mentor, site coach, curriculum specialist, or lead | ||||||
25 | teacher; or otherwise works with fellow teachers, in | ||||||
26 | collaboration, to use data to improve instructional |
| |||||||
| |||||||
1 | practice or develop model lessons. | ||||||
2 | "Instructional materials" means relevant | ||||||
3 | instructional materials for student instruction, | ||||||
4 | including, but not limited to, textbooks, consumable | ||||||
5 | workbooks, laboratory equipment, library books, and other | ||||||
6 | similar materials. | ||||||
7 | "Laboratory School" means a public school that is | ||||||
8 | created and operated by a public university and approved | ||||||
9 | by the State Board. | ||||||
10 | "Librarian" means a teacher with an endorsement as a | ||||||
11 | library information specialist or another individual whose | ||||||
12 | primary responsibility is overseeing library resources | ||||||
13 | within an Organizational Unit. | ||||||
14 | "Limiting rate for Hybrid Districts" means the | ||||||
15 | combined elementary school and high school limiting rates. | ||||||
16 | "Local Capacity" is defined in paragraph (1) of | ||||||
17 | subsection (c) of this Section. | ||||||
18 | "Local Capacity Percentage" is defined in subparagraph | ||||||
19 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
20 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
21 | of paragraph (2) of subsection (c) of this Section. | ||||||
22 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
23 | subsection (c) of this Section. | ||||||
24 | "Low-Income Count" means, for an Organizational Unit | ||||||
25 | in a fiscal year, the higher of the average number of | ||||||
26 | students for the prior school year or the immediately |
| |||||||
| |||||||
1 | preceding 3 school years who, as of July 1 of the | ||||||
2 | immediately preceding fiscal year (as determined by the | ||||||
3 | Department of Human Services), are eligible for at least | ||||||
4 | one of the following low-income programs: Medicaid, the | ||||||
5 | Children's Health Insurance Program, Temporary Assistance | ||||||
6 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
7 | Assistance Program, excluding pupils who are eligible for | ||||||
8 | services provided by the Department of Children and Family | ||||||
9 | Services. Until such time that grade level low-income | ||||||
10 | populations become available, grade level low-income | ||||||
11 | populations shall be determined by applying the low-income | ||||||
12 | percentage to total student enrollments by grade level. | ||||||
13 | The low-income percentage is determined by dividing the | ||||||
14 | Low-Income Count by the Average Student Enrollment. The | ||||||
15 | low-income percentage for programs operated by a regional | ||||||
16 | office of education or an intermediate service center must | ||||||
17 | be set to the weighted average of the low-income | ||||||
18 | percentages of all of the school districts in the service | ||||||
19 | region. The weighted low-income percentage is the result | ||||||
20 | of multiplying the low-income percentage of each school | ||||||
21 | district served by the regional office of education or | ||||||
22 | intermediate service center by each school district's | ||||||
23 | Average Student Enrollment, summarizing those products and | ||||||
24 | dividing the total by the total Average Student Enrollment | ||||||
25 | for the service region. | ||||||
26 | "Maintenance and operations" means custodial services, |
| |||||||
| |||||||
1 | facility and ground maintenance, facility operations, | ||||||
2 | facility security, routine facility repairs, and other | ||||||
3 | similar services and functions. | ||||||
4 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
5 | subsection (g) of this Section. | ||||||
6 | "New Property Tax Relief Pool Funds" means, for any | ||||||
7 | given fiscal year, all State funds appropriated under | ||||||
8 | Section 2-3.170 of this Code. | ||||||
9 | "New State Funds" means, for a given school year, all | ||||||
10 | State funds appropriated for Evidence-Based Funding in | ||||||
11 | excess of the amount needed to fund the Base Funding | ||||||
12 | Minimum for all Organizational Units in that school year. | ||||||
13 | "Net State Contribution Target" means, for a given | ||||||
14 | school year, the amount of State funds that would be | ||||||
15 | necessary to fully meet the Adequacy Target of an | ||||||
16 | Operational Unit minus the Preliminary Resources available | ||||||
17 | to each unit. | ||||||
18 | "Nurse" means an individual licensed as a certified | ||||||
19 | school nurse, in accordance with the rules established for | ||||||
20 | nursing services by the State Board, who is an employee of | ||||||
21 | and is available to provide health care-related services | ||||||
22 | for students of an Organizational Unit. | ||||||
23 | "Operating Tax Rate" means the rate utilized in the | ||||||
24 | previous year to extend property taxes for all purposes, | ||||||
25 | except Bond and Interest, Summer School, Rent, Capital | ||||||
26 | Improvement, and Vocational Education Building purposes. |
| |||||||
| |||||||
1 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
2 | combined elementary and high school rates utilized in the | ||||||
3 | previous year to extend property taxes for all purposes, | ||||||
4 | except Bond and Interest, Summer School, Rent, Capital | ||||||
5 | Improvement, and Vocational Education Building purposes. | ||||||
6 | "Organizational Unit" means a Laboratory School or any | ||||||
7 | public school district that is recognized as such by the | ||||||
8 | State Board and that contains elementary schools typically | ||||||
9 | serving kindergarten through 5th grades, middle schools | ||||||
10 | typically serving 6th through 8th grades, high schools | ||||||
11 | typically serving 9th through 12th grades, a program | ||||||
12 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
13 | operated by a regional office of education or an | ||||||
14 | intermediate service center under Article 13A or 13B. The | ||||||
15 | General Assembly acknowledges that the actual grade levels | ||||||
16 | served by a particular Organizational Unit may vary | ||||||
17 | slightly from what is typical. | ||||||
18 | "Organizational Unit CWI" is determined by calculating | ||||||
19 | the CWI in the region and original county in which an | ||||||
20 | Organizational Unit's primary administrative office is | ||||||
21 | located as set forth in this paragraph, provided that if | ||||||
22 | the Organizational Unit CWI as calculated in accordance | ||||||
23 | with this paragraph is less than 0.9, the Organizational | ||||||
24 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
25 | CWI value shall be adjusted based on the CWI value of that | ||||||
26 | county's neighboring Illinois counties, to create a |
| |||||||
| |||||||
1 | "weighted adjusted index value". This shall be calculated | ||||||
2 | by summing the CWI values of all of a county's adjacent | ||||||
3 | Illinois counties and dividing by the number of adjacent | ||||||
4 | Illinois counties, then taking the weighted value of the | ||||||
5 | original county's CWI value and the adjacent Illinois | ||||||
6 | county average. To calculate this weighted value, if the | ||||||
7 | number of adjacent Illinois counties is greater than 2, | ||||||
8 | the original county's CWI value will be weighted at 0.25 | ||||||
9 | and the adjacent Illinois county average will be weighted | ||||||
10 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
11 | the original county's CWI value will be weighted at 0.33 | ||||||
12 | and the adjacent Illinois county average will be weighted | ||||||
13 | at 0.66. The greater of the county's current CWI value and | ||||||
14 | its weighted adjusted index value shall be used as the | ||||||
15 | Organizational Unit CWI. | ||||||
16 | "Preceding Tax Year" means the property tax levy year | ||||||
17 | immediately preceding the Base Tax Year. | ||||||
18 | "Preceding Tax Year's Extension" means the product of | ||||||
19 | the equalized assessed valuation utilized by the county | ||||||
20 | clerk in the Preceding Tax Year multiplied by the | ||||||
21 | Operating Tax Rate. | ||||||
22 | "Preliminary Percent of Adequacy" is defined in | ||||||
23 | paragraph (2) of subsection (f) of this Section. | ||||||
24 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
25 | subsection (f) of this Section. | ||||||
26 | "Principal" means a school administrator duly endorsed |
| |||||||
| |||||||
1 | to be employed as a principal in this State. | ||||||
2 | "Professional development" means training programs for | ||||||
3 | licensed staff in schools, including, but not limited to, | ||||||
4 | programs that assist in implementing new curriculum | ||||||
5 | programs, provide data focused or academic assessment data | ||||||
6 | training to help staff identify a student's weaknesses and | ||||||
7 | strengths, target interventions, improve instruction, | ||||||
8 | encompass instructional strategies for English learner, | ||||||
9 | gifted, or at-risk students, address inclusivity, cultural | ||||||
10 | sensitivity, or implicit bias, or otherwise provide | ||||||
11 | professional support for licensed staff. | ||||||
12 | "Prototypical" means 450 special education | ||||||
13 | pre-kindergarten and kindergarten through grade 5 students | ||||||
14 | for an elementary school, 450 grade 6 through 8 students | ||||||
15 | for a middle school, and 600 grade 9 through 12 students | ||||||
16 | for a high school. | ||||||
17 | "PTELL" means the Property Tax Extension Limitation | ||||||
18 | Law. | ||||||
19 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
20 | (d) of this Section. | ||||||
21 | "Pupil support staff" means a nurse, psychologist, | ||||||
22 | social worker, family liaison personnel, or other staff | ||||||
23 | member who provides support to at-risk or struggling | ||||||
24 | students. | ||||||
25 | "Real Receipts" is defined in paragraph (1) of | ||||||
26 | subsection (d) of this Section. |
| |||||||
| |||||||
1 | "Regionalization Factor" means, for a particular | ||||||
2 | Organizational Unit, the figure derived by dividing the | ||||||
3 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
4 | "School counselor" means a licensed school counselor | ||||||
5 | who provides guidance and counseling support for students | ||||||
6 | within an Organizational Unit. | ||||||
7 | "School site staff" means the primary school secretary | ||||||
8 | and any additional clerical personnel assigned to a | ||||||
9 | school. | ||||||
10 | "Special education" means special educational | ||||||
11 | facilities and services, as defined in Section 14-1.08 of | ||||||
12 | this Code. | ||||||
13 | "Special Education Allocation" means the amount of an | ||||||
14 | Organizational Unit's final Adequacy Target attributable | ||||||
15 | to special education divided by the Organizational Unit's | ||||||
16 | final Adequacy Target, the product of which shall be | ||||||
17 | multiplied by the amount of new funding received pursuant | ||||||
18 | to this Section. An Organizational Unit's final Adequacy | ||||||
19 | Target attributable to special education shall include all | ||||||
20 | special education investment adequacy elements. | ||||||
21 | "Specialist teacher" means a teacher who provides | ||||||
22 | instruction in subject areas not included in core | ||||||
23 | subjects, including, but not limited to, art, music, | ||||||
24 | physical education, health, driver education, | ||||||
25 | career-technical education, and such other subject areas | ||||||
26 | as may be mandated by State law or provided by an |
| |||||||
| |||||||
1 | Organizational Unit. | ||||||
2 | "Specially Funded Unit" means an Alternative School, | ||||||
3 | safe school, Department of Juvenile Justice school, | ||||||
4 | special education cooperative or entity recognized by the | ||||||
5 | State Board as a special education cooperative, | ||||||
6 | State-approved charter school, or alternative learning | ||||||
7 | opportunities program that received direct funding from | ||||||
8 | the State Board during the 2016-2017 school year through | ||||||
9 | any of the funding sources included within the calculation | ||||||
10 | of the Base Funding Minimum or Glenwood Academy. | ||||||
11 | "Supplemental Grant Funding" means supplemental | ||||||
12 | general State aid funding received by an Organizational | ||||||
13 | Unit during the 2016-2017 school year pursuant to | ||||||
14 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
15 | repealed). | ||||||
16 | "State Adequacy Level" is the sum of the Adequacy | ||||||
17 | Targets of all Organizational Units. | ||||||
18 | "State Board" means the State Board of Education. | ||||||
19 | "State Superintendent" means the State Superintendent | ||||||
20 | of Education. | ||||||
21 | "Statewide Weighted CWI" means a figure determined by | ||||||
22 | multiplying each Organizational Unit CWI times the ASE for | ||||||
23 | that Organizational Unit creating a weighted value, | ||||||
24 | summing all Organizational Units' weighted values, and | ||||||
25 | dividing by the total ASE of all Organizational Units, | ||||||
26 | thereby creating an average weighted index. |
| |||||||
| |||||||
1 | "Student activities" means non-credit producing | ||||||
2 | after-school programs, including, but not limited to, | ||||||
3 | clubs, bands, sports, and other activities authorized by | ||||||
4 | the school board of the Organizational Unit. | ||||||
5 | "Substitute teacher" means an individual teacher or | ||||||
6 | teaching assistant who is employed by an Organizational | ||||||
7 | Unit and is temporarily serving the Organizational Unit on | ||||||
8 | a per diem or per period-assignment basis to replace | ||||||
9 | another staff member. | ||||||
10 | "Summer school" means academic and enrichment programs | ||||||
11 | provided to students during the summer months outside of | ||||||
12 | the regular school year. | ||||||
13 | "Supervisory aide" means a non-licensed staff member | ||||||
14 | who helps in supervising students of an Organizational | ||||||
15 | Unit, but does so outside of the classroom, in situations | ||||||
16 | such as, but not limited to, monitoring hallways and | ||||||
17 | playgrounds, supervising lunchrooms, or supervising | ||||||
18 | students when being transported in buses serving the | ||||||
19 | Organizational Unit. | ||||||
20 | "Target Ratio" is defined in paragraph (4) of | ||||||
21 | subsection (g). | ||||||
22 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
23 | in paragraph (3) of subsection (g). | ||||||
24 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
25 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
26 | Aggregate Funding" are defined in paragraph (1) of |
| |||||||
| |||||||
1 | subsection (g). | ||||||
2 | (b) Adequacy Target calculation. | ||||||
3 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
4 | sum of the Organizational Unit's cost of providing | ||||||
5 | Essential Elements, as calculated in accordance with this | ||||||
6 | subsection (b), with the salary amounts in the Essential | ||||||
7 | Elements multiplied by a Regionalization Factor calculated | ||||||
8 | pursuant to paragraph (3) of this subsection (b). | ||||||
9 | (2) The Essential Elements are attributable on a pro | ||||||
10 | rata basis related to defined subgroups of the ASE of each | ||||||
11 | Organizational Unit as specified in this paragraph (2), | ||||||
12 | with investments and FTE positions pro rata funded based | ||||||
13 | on ASE counts in excess of or less than the thresholds set | ||||||
14 | forth in this paragraph (2). The method for calculating | ||||||
15 | attributable pro rata costs and the defined subgroups | ||||||
16 | thereto are as follows: | ||||||
17 | (A) Core class size investments. Each | ||||||
18 | Organizational Unit shall receive the funding required | ||||||
19 | to support that number of FTE core teacher positions | ||||||
20 | as is needed to keep the respective class sizes of the | ||||||
21 | Organizational Unit to the following maximum numbers: | ||||||
22 | (i) For grades kindergarten through 3, the | ||||||
23 | Organizational Unit shall receive funding required | ||||||
24 | to support one FTE core teacher position for every | ||||||
25 | 15 Low-Income Count students in those grades and | ||||||
26 | one FTE core teacher position for every 20 |
| |||||||
| |||||||
1 | non-Low-Income Count students in those grades. | ||||||
2 | (ii) For grades 4 through 12, the | ||||||
3 | Organizational Unit shall receive funding required | ||||||
4 | to support one FTE core teacher position for every | ||||||
5 | 20 Low-Income Count students in those grades and | ||||||
6 | one FTE core teacher position for every 25 | ||||||
7 | non-Low-Income Count students in those grades. | ||||||
8 | The number of non-Low-Income Count students in a | ||||||
9 | grade shall be determined by subtracting the | ||||||
10 | Low-Income students in that grade from the ASE of the | ||||||
11 | Organizational Unit for that grade. | ||||||
12 | (B) Specialist teacher investments. Each | ||||||
13 | Organizational Unit shall receive the funding needed | ||||||
14 | to cover that number of FTE specialist teacher | ||||||
15 | positions that correspond to the following | ||||||
16 | percentages: | ||||||
17 | (i) if the Organizational Unit operates an | ||||||
18 | elementary or middle school, then 20.00% of the | ||||||
19 | number of the Organizational Unit's core teachers, | ||||||
20 | as determined under subparagraph (A) of this | ||||||
21 | paragraph (2); and | ||||||
22 | (ii) if such Organizational Unit operates a | ||||||
23 | high school, then 33.33% of the number of the | ||||||
24 | Organizational Unit's core teachers. | ||||||
25 | (C) Instructional facilitator investments. Each | ||||||
26 | Organizational Unit shall receive the funding needed |
| |||||||
| |||||||
1 | to cover one FTE instructional facilitator position | ||||||
2 | for every 200 combined ASE of pre-kindergarten | ||||||
3 | children with disabilities and all kindergarten | ||||||
4 | through grade 12 students of the Organizational Unit. | ||||||
5 | (D) Core intervention teacher (tutor) investments. | ||||||
6 | Each Organizational Unit shall receive the funding | ||||||
7 | needed to cover one FTE teacher position for each | ||||||
8 | prototypical elementary, middle, and high school. | ||||||
9 | (E) Substitute teacher investments. Each | ||||||
10 | Organizational Unit shall receive the funding needed | ||||||
11 | to cover substitute teacher costs that is equal to | ||||||
12 | 5.70% of the minimum pupil attendance days required | ||||||
13 | under Section 10-19 of this Code for all full-time | ||||||
14 | equivalent core, specialist, and intervention | ||||||
15 | teachers, school nurses, special education teachers | ||||||
16 | and instructional assistants, instructional | ||||||
17 | facilitators, and summer school and extended day | ||||||
18 | teacher positions, as determined under this paragraph | ||||||
19 | (2), at a salary rate of 33.33% of the average salary | ||||||
20 | for grade K through 12 teachers and 33.33% of the | ||||||
21 | average salary of each instructional assistant | ||||||
22 | position. | ||||||
23 | (F) Core school counselor investments. Each | ||||||
24 | Organizational Unit shall receive the funding needed | ||||||
25 | to cover one FTE school counselor for each 450 | ||||||
26 | combined ASE of pre-kindergarten children with |
| |||||||
| |||||||
1 | disabilities and all kindergarten through grade 5 | ||||||
2 | students, plus one FTE school counselor for each 250 | ||||||
3 | grades 6 through 8 ASE middle school students, plus | ||||||
4 | one FTE school counselor for each 250 grades 9 through | ||||||
5 | 12 ASE high school students. | ||||||
6 | (G) Nurse investments. Each Organizational Unit | ||||||
7 | shall receive the funding needed to cover one FTE | ||||||
8 | nurse for each 750 combined ASE of pre-kindergarten | ||||||
9 | children with disabilities and all kindergarten | ||||||
10 | through grade 12 students across all grade levels it | ||||||
11 | serves. | ||||||
12 | (H) Supervisory aide investments. Each | ||||||
13 | Organizational Unit shall receive the funding needed | ||||||
14 | to cover one FTE for each 225 combined ASE of | ||||||
15 | pre-kindergarten children with disabilities and all | ||||||
16 | kindergarten through grade 5 students, plus one FTE | ||||||
17 | for each 225 ASE middle school students, plus one FTE | ||||||
18 | for each 200 ASE high school students. | ||||||
19 | (I) Librarian investments. Each Organizational | ||||||
20 | Unit shall receive the funding needed to cover one FTE | ||||||
21 | librarian for each prototypical elementary school, | ||||||
22 | middle school, and high school and one FTE aide or | ||||||
23 | media technician for every 300 combined ASE of | ||||||
24 | pre-kindergarten children with disabilities and all | ||||||
25 | kindergarten through grade 12 students. | ||||||
26 | (J) Principal investments. Each Organizational |
| |||||||
| |||||||
1 | Unit shall receive the funding needed to cover one FTE | ||||||
2 | principal position for each prototypical elementary | ||||||
3 | school, plus one FTE principal position for each | ||||||
4 | prototypical middle school, plus one FTE principal | ||||||
5 | position for each prototypical high school. | ||||||
6 | (K) Assistant principal investments. Each | ||||||
7 | Organizational Unit shall receive the funding needed | ||||||
8 | to cover one FTE assistant principal position for each | ||||||
9 | prototypical elementary school, plus one FTE assistant | ||||||
10 | principal position for each prototypical middle | ||||||
11 | school, plus one FTE assistant principal position for | ||||||
12 | each prototypical high school. | ||||||
13 | (L) School site staff investments. Each | ||||||
14 | Organizational Unit shall receive the funding needed | ||||||
15 | for one FTE position for each 225 ASE of | ||||||
16 | pre-kindergarten children with disabilities and all | ||||||
17 | kindergarten through grade 5 students, plus one FTE | ||||||
18 | position for each 225 ASE middle school students, plus | ||||||
19 | one FTE position for each 200 ASE high school | ||||||
20 | students. | ||||||
21 | (M) Gifted investments. Each Organizational Unit | ||||||
22 | shall receive $40 per kindergarten through grade 12 | ||||||
23 | ASE. | ||||||
24 | (N) Professional development investments. Each | ||||||
25 | Organizational Unit shall receive $125 per student of | ||||||
26 | the combined ASE of pre-kindergarten children with |
| |||||||
| |||||||
1 | disabilities and all kindergarten through grade 12 | ||||||
2 | students for trainers and other professional | ||||||
3 | development-related expenses for supplies and | ||||||
4 | materials. | ||||||
5 | (O) Instructional material investments. Each | ||||||
6 | Organizational Unit shall receive $190 per student of | ||||||
7 | the combined ASE of pre-kindergarten children with | ||||||
8 | disabilities and all kindergarten through grade 12 | ||||||
9 | students to cover instructional material costs. | ||||||
10 | (P) Assessment investments. Each Organizational | ||||||
11 | Unit shall receive $25 per student of the combined ASE | ||||||
12 | of pre-kindergarten children with disabilities and all | ||||||
13 | kindergarten through grade 12 students to cover | ||||||
14 | assessment costs. | ||||||
15 | (Q) Computer technology and equipment investments. | ||||||
16 | Each Organizational Unit shall receive $285.50 per | ||||||
17 | student of the combined ASE of pre-kindergarten | ||||||
18 | children with disabilities and all kindergarten | ||||||
19 | through grade 12 students to cover computer technology | ||||||
20 | and equipment costs. For the 2018-2019 school year and | ||||||
21 | subsequent school years, Organizational Units assigned | ||||||
22 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
23 | receive an additional $285.50 per student of the | ||||||
24 | combined ASE of pre-kindergarten children with | ||||||
25 | disabilities and all kindergarten through grade 12 | ||||||
26 | students to cover computer technology and equipment |
| |||||||
| |||||||
1 | costs in the Organizational Unit's Adequacy Target. | ||||||
2 | The State Board may establish additional requirements | ||||||
3 | for Organizational Unit expenditures of funds received | ||||||
4 | pursuant to this subparagraph (Q), including a | ||||||
5 | requirement that funds received pursuant to this | ||||||
6 | subparagraph (Q) may be used only for serving the | ||||||
7 | technology needs of the district. It is the intent of | ||||||
8 | Public Act 100-465 that all Tier 1 and Tier 2 districts | ||||||
9 | receive the addition to their Adequacy Target in the | ||||||
10 | following year, subject to compliance with the | ||||||
11 | requirements of the State Board. | ||||||
12 | (R) Student activities investments. Each | ||||||
13 | Organizational Unit shall receive the following | ||||||
14 | funding amounts to cover student activities: $100 per | ||||||
15 | kindergarten through grade 5 ASE student in elementary | ||||||
16 | school, plus $200 per ASE student in middle school, | ||||||
17 | plus $675 per ASE student in high school. | ||||||
18 | (S) Maintenance and operations investments. Each | ||||||
19 | Organizational Unit shall receive $1,038 per student | ||||||
20 | of the combined ASE of pre-kindergarten children with | ||||||
21 | disabilities and all kindergarten through grade 12 | ||||||
22 | students for day-to-day maintenance and operations | ||||||
23 | expenditures, including salary, supplies, and | ||||||
24 | materials, as well as purchased services, but | ||||||
25 | excluding employee benefits. The proportion of salary | ||||||
26 | for the application of a Regionalization Factor and |
| |||||||
| |||||||
1 | the calculation of benefits is equal to $352.92. | ||||||
2 | (T) Central office investments. Each | ||||||
3 | Organizational Unit shall receive $742 per student of | ||||||
4 | the combined ASE of pre-kindergarten children with | ||||||
5 | disabilities and all kindergarten through grade 12 | ||||||
6 | students to cover central office operations, including | ||||||
7 | administrators and classified personnel charged with | ||||||
8 | managing the instructional programs, business and | ||||||
9 | operations of the school district, and security | ||||||
10 | personnel. The proportion of salary for the | ||||||
11 | application of a Regionalization Factor and the | ||||||
12 | calculation of benefits is equal to $368.48. | ||||||
13 | (U) Employee benefit investments. Each | ||||||
14 | Organizational Unit shall receive 30% of the total of | ||||||
15 | all salary-calculated elements of the Adequacy Target, | ||||||
16 | excluding substitute teachers and student activities | ||||||
17 | investments, to cover benefit costs. For central | ||||||
18 | office and maintenance and operations investments, the | ||||||
19 | benefit calculation shall be based upon the salary | ||||||
20 | proportion of each investment. If at any time the | ||||||
21 | responsibility for funding the employer normal cost of | ||||||
22 | teacher pensions is assigned to school districts, then | ||||||
23 | that amount certified by the Teachers' Retirement | ||||||
24 | System of the State of Illinois to be paid by the | ||||||
25 | Organizational Unit for the preceding school year | ||||||
26 | shall be added to the benefit investment. For any |
| |||||||
| |||||||
1 | fiscal year in which a school district organized under | ||||||
2 | Article 34 of this Code is responsible for paying the | ||||||
3 | employer normal cost of teacher pensions, then that | ||||||
4 | amount of its employer normal cost plus the amount for | ||||||
5 | retiree health insurance as certified by the Public | ||||||
6 | School Teachers' Pension and Retirement Fund of | ||||||
7 | Chicago to be paid by the school district for the | ||||||
8 | preceding school year that is statutorily required to | ||||||
9 | cover employer normal costs and the amount for retiree | ||||||
10 | health insurance shall be added to the 30% specified | ||||||
11 | in this subparagraph (U). The Teachers' Retirement | ||||||
12 | System of the State of Illinois and the Public School | ||||||
13 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
14 | submit such information as the State Superintendent | ||||||
15 | may require for the calculations set forth in this | ||||||
16 | subparagraph (U). | ||||||
17 | (V) Additional investments in low-income students. | ||||||
18 | In addition to and not in lieu of all other funding | ||||||
19 | under this paragraph (2), each Organizational Unit | ||||||
20 | shall receive funding based on the average teacher | ||||||
21 | salary for grades K through 12 to cover the costs of: | ||||||
22 | (i) one FTE intervention teacher (tutor) | ||||||
23 | position for every 125 Low-Income Count students; | ||||||
24 | (ii) one FTE pupil support staff position for | ||||||
25 | every 125 Low-Income Count students; | ||||||
26 | (iii) one FTE extended day teacher position |
| |||||||
| |||||||
1 | for every 120 Low-Income Count students; and | ||||||
2 | (iv) one FTE summer school teacher position | ||||||
3 | for every 120 Low-Income Count students. | ||||||
4 | (W) Additional investments in English learner | ||||||
5 | students. In addition to and not in lieu of all other | ||||||
6 | funding under this paragraph (2), each Organizational | ||||||
7 | Unit shall receive funding based on the average | ||||||
8 | teacher salary for grades K through 12 to cover the | ||||||
9 | costs of: | ||||||
10 | (i) one FTE intervention teacher (tutor) | ||||||
11 | position for every 125 English learner students; | ||||||
12 | (ii) one FTE pupil support staff position for | ||||||
13 | every 125 English learner students; | ||||||
14 | (iii) one FTE extended day teacher position | ||||||
15 | for every 120 English learner students; | ||||||
16 | (iv) one FTE summer school teacher position | ||||||
17 | for every 120 English learner students; and | ||||||
18 | (v) one FTE core teacher position for every | ||||||
19 | 100 English learner students. | ||||||
20 | (X) Special education investments. Each | ||||||
21 | Organizational Unit shall receive funding based on the | ||||||
22 | average teacher salary for grades K through 12 to | ||||||
23 | cover special education as follows: | ||||||
24 | (i) one FTE teacher position for every 141 | ||||||
25 | combined ASE of pre-kindergarten children with | ||||||
26 | disabilities and all kindergarten through grade 12 |
| |||||||
| |||||||
1 | students; | ||||||
2 | (ii) one FTE instructional assistant for every | ||||||
3 | 141 combined ASE of pre-kindergarten children with | ||||||
4 | disabilities and all kindergarten through grade 12 | ||||||
5 | students; and | ||||||
6 | (iii) one FTE psychologist position for every | ||||||
7 | 1,000 combined ASE of pre-kindergarten children | ||||||
8 | with disabilities and all kindergarten through | ||||||
9 | grade 12 students. | ||||||
10 | (3) For calculating the salaries included within the | ||||||
11 | Essential Elements, the State Superintendent shall | ||||||
12 | annually calculate average salaries to the nearest dollar | ||||||
13 | using the employment information system data maintained by | ||||||
14 | the State Board, limited to public schools only and | ||||||
15 | excluding special education and vocational cooperatives, | ||||||
16 | schools operated by the Department of Juvenile Justice, | ||||||
17 | and charter schools, for the following positions: | ||||||
18 | (A) Teacher for grades K through 8. | ||||||
19 | (B) Teacher for grades 9 through 12. | ||||||
20 | (C) Teacher for grades K through 12. | ||||||
21 | (D) School counselor for grades K through 8. | ||||||
22 | (E) School counselor for grades 9 through 12. | ||||||
23 | (F) School counselor for grades K through 12. | ||||||
24 | (G) Social worker. | ||||||
25 | (H) Psychologist. | ||||||
26 | (I) Librarian. |
| |||||||
| |||||||
1 | (J) Nurse. | ||||||
2 | (K) Principal. | ||||||
3 | (L) Assistant principal. | ||||||
4 | For the purposes of this paragraph (3), "teacher" | ||||||
5 | includes core teachers, specialist and elective teachers, | ||||||
6 | instructional facilitators, tutors, special education | ||||||
7 | teachers, pupil support staff teachers, English learner | ||||||
8 | teachers, extended day teachers, and summer school | ||||||
9 | teachers. Where specific grade data is not required for | ||||||
10 | the Essential Elements, the average salary for | ||||||
11 | corresponding positions shall apply. For substitute | ||||||
12 | teachers, the average teacher salary for grades K through | ||||||
13 | 12 shall apply. | ||||||
14 | For calculating the salaries included within the | ||||||
15 | Essential Elements for positions not included within EIS | ||||||
16 | Data, the following salaries shall be used in the first | ||||||
17 | year of implementation of Evidence-Based Funding: | ||||||
18 | (i) school site staff, $30,000; and | ||||||
19 | (ii) non-instructional assistant, instructional | ||||||
20 | assistant, library aide, library media tech, or | ||||||
21 | supervisory aide: $25,000. | ||||||
22 | In the second and subsequent years of implementation | ||||||
23 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
24 | (ii) of this paragraph (3) shall annually increase by the | ||||||
25 | ECI. | ||||||
26 | The salary amounts for the Essential Elements |
| |||||||
| |||||||
1 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
2 | and (T), and (V) through (X) of paragraph (2) of | ||||||
3 | subsection (b) of this Section shall be multiplied by a | ||||||
4 | Regionalization Factor. | ||||||
5 | (c) Local Capacity calculation. | ||||||
6 | (1) Each Organizational Unit's Local Capacity | ||||||
7 | represents an amount of funding it is assumed to | ||||||
8 | contribute toward its Adequacy Target for purposes of the | ||||||
9 | Evidence-Based Funding formula calculation. "Local | ||||||
10 | Capacity" means either (i) the Organizational Unit's Local | ||||||
11 | Capacity Target as calculated in accordance with paragraph | ||||||
12 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
13 | to or less than its Local Capacity Target or (ii) the | ||||||
14 | Organizational Unit's Adjusted Local Capacity, as | ||||||
15 | calculated in accordance with paragraph (3) of this | ||||||
16 | subsection (c) if Real Receipts are more than its Local | ||||||
17 | Capacity Target. | ||||||
18 | (2) "Local Capacity Target" means, for an | ||||||
19 | Organizational Unit, that dollar amount that is obtained | ||||||
20 | by multiplying its Adequacy Target by its Local Capacity | ||||||
21 | Ratio. | ||||||
22 | (A) An Organizational Unit's Local Capacity | ||||||
23 | Percentage is the conversion of the Organizational | ||||||
24 | Unit's Local Capacity Ratio, as such ratio is | ||||||
25 | determined in accordance with subparagraph (B) of this | ||||||
26 | paragraph (2), into a cumulative distribution |
| |||||||
| |||||||
1 | resulting in a percentile ranking to determine each | ||||||
2 | Organizational Unit's relative position to all other | ||||||
3 | Organizational Units in this State. The calculation of | ||||||
4 | Local Capacity Percentage is described in subparagraph | ||||||
5 | (C) of this paragraph (2). | ||||||
6 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
7 | in a given year is the percentage obtained by dividing | ||||||
8 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
9 | its Adequacy Target, with the resulting ratio further | ||||||
10 | adjusted as follows: | ||||||
11 | (i) for Organizational Units serving grades | ||||||
12 | kindergarten through 12 and Hybrid Districts, no | ||||||
13 | further adjustments shall be made; | ||||||
14 | (ii) for Organizational Units serving grades | ||||||
15 | kindergarten through 8, the ratio shall be | ||||||
16 | multiplied by 9/13; | ||||||
17 | (iii) for Organizational Units serving grades | ||||||
18 | 9 through 12, the Local Capacity Ratio shall be | ||||||
19 | multiplied by 4/13; and | ||||||
20 | (iv) for an Organizational Unit with a | ||||||
21 | different grade configuration than those specified | ||||||
22 | in items (i) through (iii) of this subparagraph | ||||||
23 | (B), the State Superintendent shall determine a | ||||||
24 | comparable adjustment based on the grades served. | ||||||
25 | (C) The Local Capacity Percentage is equal to the | ||||||
26 | percentile ranking of the district. Local Capacity |
| |||||||
| |||||||
1 | Percentage converts each Organizational Unit's Local | ||||||
2 | Capacity Ratio to a cumulative distribution resulting | ||||||
3 | in a percentile ranking to determine each | ||||||
4 | Organizational Unit's relative position to all other | ||||||
5 | Organizational Units in this State. The Local Capacity | ||||||
6 | Percentage cumulative distribution resulting in a | ||||||
7 | percentile ranking for each Organizational Unit shall | ||||||
8 | be calculated using the standard normal distribution | ||||||
9 | of the score in relation to the weighted mean and | ||||||
10 | weighted standard deviation and Local Capacity Ratios | ||||||
11 | of all Organizational Units. If the value assigned to | ||||||
12 | any Organizational Unit is in excess of 90%, the value | ||||||
13 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
14 | Local Capacity Percentage shall be set at 10% in
| ||||||
15 | recognition of the absence of EAV and resources from | ||||||
16 | the public university that are allocated to
the | ||||||
17 | Laboratory School. For programs operated by a regional | ||||||
18 | office of education or an intermediate service center, | ||||||
19 | the Local Capacity Percentage must be set at 10% in | ||||||
20 | recognition of the absence of EAV and resources from | ||||||
21 | school districts that are allocated to the regional | ||||||
22 | office of education or intermediate service center. | ||||||
23 | The weighted mean for the Local Capacity Percentage | ||||||
24 | shall be determined by multiplying each Organizational | ||||||
25 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
26 | creating a weighted value, summing the weighted values |
| |||||||
| |||||||
1 | of all Organizational Units, and dividing by the total | ||||||
2 | ASE of all Organizational Units. The weighted standard | ||||||
3 | deviation shall be determined by taking the square | ||||||
4 | root of the weighted variance of all Organizational | ||||||
5 | Units' Local Capacity Ratio, where the variance is | ||||||
6 | calculated by squaring the difference between each | ||||||
7 | unit's Local Capacity Ratio and the weighted mean, | ||||||
8 | then multiplying the variance for each unit times the | ||||||
9 | ASE for the unit to create a weighted variance for each | ||||||
10 | unit, then summing all units' weighted variance and | ||||||
11 | dividing by the total ASE of all units. | ||||||
12 | (D) For any Organizational Unit, the | ||||||
13 | Organizational Unit's Adjusted Local Capacity Target | ||||||
14 | shall be reduced by either (i) the school board's | ||||||
15 | remaining contribution pursuant to paragraph (ii) of | ||||||
16 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
17 | Pension Code in a given year or (ii) the board of | ||||||
18 | education's remaining contribution pursuant to | ||||||
19 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
20 | the Illinois Pension Code absent the employer normal | ||||||
21 | cost portion of the required contribution and amount | ||||||
22 | allowed pursuant to subdivision (3) of Section | ||||||
23 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
24 | In the preceding sentence, item (i) shall be certified | ||||||
25 | to the State Board of Education by the Teachers' | ||||||
26 | Retirement System of the State of Illinois and item |
| |||||||
| |||||||
1 | (ii) shall be certified to the State Board of | ||||||
2 | Education by the Public School Teachers' Pension and | ||||||
3 | Retirement Fund of the City of Chicago. | ||||||
4 | (3) If an Organizational Unit's Real Receipts are more | ||||||
5 | than its Local Capacity Target, then its Local Capacity | ||||||
6 | shall equal an Adjusted Local Capacity Target as | ||||||
7 | calculated in accordance with this paragraph (3). The | ||||||
8 | Adjusted Local Capacity Target is calculated as the sum of | ||||||
9 | the Organizational Unit's Local Capacity Target and its | ||||||
10 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
11 | equals the Organizational Unit's Real Receipts less its | ||||||
12 | Local Capacity Target, with the resulting figure | ||||||
13 | multiplied by the Local Capacity Percentage. | ||||||
14 | As used in this paragraph (3), "Real Percent of | ||||||
15 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
16 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
17 | resulting figure divided by the Organizational Unit's | ||||||
18 | Adequacy Target. | ||||||
19 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||||||
20 | for purposes of the Local Capacity calculation. | ||||||
21 | (1) An Organizational Unit's Real Receipts are the | ||||||
22 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
23 | An Organizational Unit's Applicable Tax Rate is its | ||||||
24 | Adjusted Operating Tax Rate for property within the | ||||||
25 | Organizational Unit. | ||||||
26 | (2) The State Superintendent shall calculate the |
| |||||||
| |||||||
1 | equalized assessed valuation, or EAV, of all taxable | ||||||
2 | property of each Organizational Unit as of September 30 of | ||||||
3 | the previous year in accordance with paragraph (3) of this | ||||||
4 | subsection (d). The State Superintendent shall then | ||||||
5 | determine the Adjusted EAV of each Organizational Unit in | ||||||
6 | accordance with paragraph (4) of this subsection (d), | ||||||
7 | which Adjusted EAV figure shall be used for the purposes | ||||||
8 | of calculating Local Capacity. | ||||||
9 | (3) To calculate Real Receipts and EAV, the Department | ||||||
10 | of Revenue shall supply to the State Superintendent the | ||||||
11 | value as equalized or assessed by the Department of | ||||||
12 | Revenue of all taxable property of every Organizational | ||||||
13 | Unit, together with (i) the applicable tax rate used in | ||||||
14 | extending taxes for the funds of the Organizational Unit | ||||||
15 | as of September 30 of the previous year and (ii) the | ||||||
16 | limiting rate for all Organizational Units subject to | ||||||
17 | property tax extension limitations as imposed under PTELL. | ||||||
18 | (A) The Department of Revenue shall add to the | ||||||
19 | equalized assessed value of all taxable property of | ||||||
20 | each Organizational Unit situated entirely or | ||||||
21 | partially within a county that is or was subject to the | ||||||
22 | provisions of Section 15-176 or 15-177 of the Property | ||||||
23 | Tax Code (i) an amount equal to the total amount by | ||||||
24 | which the homestead exemption allowed under Section | ||||||
25 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
26 | property situated in that Organizational Unit exceeds |
| |||||||
| |||||||
1 | the total amount that would have been allowed in that | ||||||
2 | Organizational Unit if the maximum reduction under | ||||||
3 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
4 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
5 | in all counties in tax year 2004 and thereafter and | ||||||
6 | (ii) an amount equal to the aggregate amount for the | ||||||
7 | taxable year of all additional exemptions under | ||||||
8 | Section 15-175 of the Property Tax Code for owners | ||||||
9 | with a household income of $30,000 or less. The county | ||||||
10 | clerk of any county that is or was subject to the | ||||||
11 | provisions of Section 15-176 or 15-177 of the Property | ||||||
12 | Tax Code shall annually calculate and certify to the | ||||||
13 | Department of Revenue for each Organizational Unit all | ||||||
14 | homestead exemption amounts under Section 15-176 or | ||||||
15 | 15-177 of the Property Tax Code and all amounts of | ||||||
16 | additional exemptions under Section 15-175 of the | ||||||
17 | Property Tax Code for owners with a household income | ||||||
18 | of $30,000 or less. It is the intent of this | ||||||
19 | subparagraph (A) that if the general homestead | ||||||
20 | exemption for a parcel of property is determined under | ||||||
21 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
22 | rather than Section 15-175, then the calculation of | ||||||
23 | EAV shall not be affected by the difference, if any, | ||||||
24 | between the amount of the general homestead exemption | ||||||
25 | allowed for that parcel of property under Section | ||||||
26 | 15-176 or 15-177 of the Property Tax Code and the |
| |||||||
| |||||||
1 | amount that would have been allowed had the general | ||||||
2 | homestead exemption for that parcel of property been | ||||||
3 | determined under Section 15-175 of the Property Tax | ||||||
4 | Code. It is further the intent of this subparagraph | ||||||
5 | (A) that if additional exemptions are allowed under | ||||||
6 | Section 15-175 of the Property Tax Code for owners | ||||||
7 | with a household income of less than $30,000, then the | ||||||
8 | calculation of EAV shall not be affected by the | ||||||
9 | difference, if any, because of those additional | ||||||
10 | exemptions. | ||||||
11 | (B) With respect to any part of an Organizational | ||||||
12 | Unit within a redevelopment project area in respect to | ||||||
13 | which a municipality has adopted tax increment | ||||||
14 | allocation financing pursuant to the Tax Increment | ||||||
15 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
16 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
17 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
18 | Illinois Municipal Code, no part of the current EAV of | ||||||
19 | real property located in any such project area that is | ||||||
20 | attributable to an increase above the total initial | ||||||
21 | EAV of such property shall be used as part of the EAV | ||||||
22 | of the Organizational Unit, until such time as all | ||||||
23 | redevelopment project costs have been paid, as | ||||||
24 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
25 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
26 | of the Industrial Jobs Recovery Law. For the purpose |
| |||||||
| |||||||
1 | of the EAV of the Organizational Unit, the total | ||||||
2 | initial EAV or the current EAV, whichever is lower, | ||||||
3 | shall be used until such time as all redevelopment | ||||||
4 | project costs have been paid. | ||||||
5 | (B-5) The real property equalized assessed | ||||||
6 | valuation for a school district shall be adjusted by | ||||||
7 | subtracting from the real property value, as equalized | ||||||
8 | or assessed by the Department of Revenue, for the | ||||||
9 | district an amount computed by dividing the amount of | ||||||
10 | any abatement of taxes under Section 18-170 of the | ||||||
11 | Property Tax Code by 3.00% for a district maintaining | ||||||
12 | grades kindergarten through 12, by 2.30% for a | ||||||
13 | district maintaining grades kindergarten through 8, or | ||||||
14 | by 1.05% for a district maintaining grades 9 through | ||||||
15 | 12 and adjusted by an amount computed by dividing the | ||||||
16 | amount of any abatement of taxes under subsection (a) | ||||||
17 | of Section 18-165 of the Property Tax Code by the same | ||||||
18 | percentage rates for district type as specified in | ||||||
19 | this subparagraph (B-5). | ||||||
20 | (C) For Organizational Units that are Hybrid | ||||||
21 | Districts, the State Superintendent shall use the | ||||||
22 | lesser of the adjusted equalized assessed valuation | ||||||
23 | for property within the partial elementary unit | ||||||
24 | district for elementary purposes, as defined in | ||||||
25 | Article 11E of this Code, or the adjusted equalized | ||||||
26 | assessed valuation for property within the partial |
| |||||||
| |||||||
1 | elementary unit district for high school purposes, as | ||||||
2 | defined in Article 11E of this Code. | ||||||
3 | (D) If a school district's boundaries span | ||||||
4 | multiple counties, then the Department of Revenue | ||||||
5 | shall send to the State Board, for the purposes of | ||||||
6 | calculating Evidence-Based Funding, the limiting rate | ||||||
7 | and individual rates by purpose for the county that | ||||||
8 | contains the majority of the school district's | ||||||
9 | equalized assessed valuation. | ||||||
10 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
11 | average of its EAV over the immediately preceding 3 years | ||||||
12 | or its EAV in the immediately preceding year if the EAV in | ||||||
13 | the immediately preceding year has declined by 10% or more | ||||||
14 | compared to the 3-year average. In the event of | ||||||
15 | Organizational Unit reorganization, consolidation, or | ||||||
16 | annexation, the Organizational Unit's Adjusted EAV for the | ||||||
17 | first 3 years after such change shall be as follows: the | ||||||
18 | most current EAV shall be used in the first year, the | ||||||
19 | average of a 2-year EAV or its EAV in the immediately | ||||||
20 | preceding year if the EAV declines by 10% or more compared | ||||||
21 | to the 2-year average for the second year, and a 3-year | ||||||
22 | average EAV or its EAV in the immediately preceding year | ||||||
23 | if the Adjusted EAV declines by 10% or more compared to the | ||||||
24 | 3-year average for the third year. For any school district | ||||||
25 | whose EAV in the immediately preceding year is used in | ||||||
26 | calculations, in the following year, the Adjusted EAV |
| |||||||
| |||||||
1 | shall be the average of its EAV over the immediately | ||||||
2 | preceding 2 years or the immediately preceding year if | ||||||
3 | that year represents a decline of 10% or more compared to | ||||||
4 | the 2-year average. | ||||||
5 | "PTELL EAV" means a figure calculated by the State | ||||||
6 | Board for Organizational Units subject to PTELL as | ||||||
7 | described in this paragraph (4) for the purposes of | ||||||
8 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
9 | Except as otherwise provided in this paragraph (4), the | ||||||
10 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
11 | product of the equalized assessed valuation last used in | ||||||
12 | the calculation of general State aid under Section 18-8.05 | ||||||
13 | of this Code (now repealed) or Evidence-Based Funding | ||||||
14 | under this Section and the Organizational Unit's Extension | ||||||
15 | Limitation Ratio. If an Organizational Unit has approved | ||||||
16 | or does approve an increase in its limiting rate, pursuant | ||||||
17 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
18 | Base Tax Year, the PTELL EAV shall be equal to the product | ||||||
19 | of the equalized assessed valuation last used in the | ||||||
20 | calculation of general State aid under Section 18-8.05 of | ||||||
21 | this Code (now repealed) or Evidence-Based Funding under | ||||||
22 | this Section multiplied by an amount equal to one plus the | ||||||
23 | percentage increase, if any, in the Consumer Price Index | ||||||
24 | for All Urban Consumers for all items published by the | ||||||
25 | United States Department of Labor for the 12-month | ||||||
26 | calendar year preceding the Base Tax Year, plus the |
| |||||||
| |||||||
1 | equalized assessed valuation of new property, annexed | ||||||
2 | property, and recovered tax increment value and minus the | ||||||
3 | equalized assessed valuation of disconnected property. | ||||||
4 | As used in this paragraph (4), "new property" and | ||||||
5 | "recovered tax increment value" shall have the meanings | ||||||
6 | set forth in the Property Tax Extension Limitation Law. | ||||||
7 | (e) Base Funding Minimum calculation. | ||||||
8 | (1) For the 2017-2018 school year, the Base Funding | ||||||
9 | Minimum of an Organizational Unit or a Specially Funded | ||||||
10 | Unit shall be the amount of State funds distributed to the | ||||||
11 | Organizational Unit or Specially Funded Unit during the | ||||||
12 | 2016-2017 school year prior to any adjustments and | ||||||
13 | specified appropriation amounts described in this | ||||||
14 | paragraph (1) from the following Sections, as calculated | ||||||
15 | by the State Superintendent: Section 18-8.05 of this Code | ||||||
16 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
17 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
18 | (funding for children requiring special education | ||||||
19 | services); Section 14-13.01 of this Code (special | ||||||
20 | education facilities and staffing), except for | ||||||
21 | reimbursement of the cost of transportation pursuant to | ||||||
22 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
23 | learners); and Section 18-4.3 of this Code (summer | ||||||
24 | school), based on an appropriation level of $13,121,600. | ||||||
25 | For a school district organized under Article 34 of this | ||||||
26 | Code, the Base Funding Minimum also includes (i) the funds |
| |||||||
| |||||||
1 | allocated to the school district pursuant to Section 1D-1 | ||||||
2 | of this Code attributable to funding programs authorized | ||||||
3 | by the Sections of this Code listed in the preceding | ||||||
4 | sentence and (ii) the difference between (I) the funds | ||||||
5 | allocated to the school district pursuant to Section 1D-1 | ||||||
6 | of this Code attributable to the funding programs | ||||||
7 | authorized by Section 14-7.02 (non-public special | ||||||
8 | education reimbursement), subsection (b) of Section | ||||||
9 | 14-13.01 (special education transportation), Section 29-5 | ||||||
10 | (transportation), Section 2-3.80 (agricultural | ||||||
11 | education), Section 2-3.66 (truants' alternative | ||||||
12 | education), Section 2-3.62 (educational service centers), | ||||||
13 | and Section 14-7.03 (special education - orphanage) of | ||||||
14 | this Code and Section 15 of the Childhood Hunger Relief | ||||||
15 | Act (free breakfast program) and (II) the school | ||||||
16 | district's actual expenditures for its non-public special | ||||||
17 | education, special education transportation, | ||||||
18 | transportation programs, agricultural education, truants' | ||||||
19 | alternative education, services that would otherwise be | ||||||
20 | performed by a regional office of education, special | ||||||
21 | education orphanage expenditures, and free breakfast, as | ||||||
22 | most recently calculated and reported pursuant to | ||||||
23 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
24 | Funding Minimum for Glenwood Academy shall be $625,500. | ||||||
25 | For programs operated by a regional office of education or | ||||||
26 | an intermediate service center, the Base Funding Minimum |
| |||||||
| |||||||
1 | must be the total amount of State funds allocated to those | ||||||
2 | programs in the 2018-2019 school year and amounts provided | ||||||
3 | pursuant to Article 34 of Public Act 100-586 and Section | ||||||
4 | 3-16 of this Code. All programs established after June 5, | ||||||
5 | 2019 (the effective date of Public Act 101-10) and | ||||||
6 | administered by a regional office of education or an | ||||||
7 | intermediate service center must have an initial Base | ||||||
8 | Funding Minimum set to an amount equal to the first-year | ||||||
9 | ASE multiplied by the amount of per pupil funding received | ||||||
10 | in the previous school year by the lowest funded similar | ||||||
11 | existing program type. If the enrollment for a program | ||||||
12 | operated by a regional office of education or an | ||||||
13 | intermediate service center is zero, then it may not | ||||||
14 | receive Base Funding Minimum funds for that program in the | ||||||
15 | next fiscal year, and those funds must be distributed to | ||||||
16 | Organizational Units under subsection (g). | ||||||
17 | (2) For the 2018-2019 and subsequent school years, the | ||||||
18 | Base Funding Minimum of Organizational Units and Specially | ||||||
19 | Funded Units shall be the sum of (i) the amount of | ||||||
20 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
21 | Base Funding Minimum for the prior school year, and (iii) | ||||||
22 | any amount received by a school district pursuant to | ||||||
23 | Section 7 of Article 97 of Public Act 100-21. | ||||||
24 | (3) Subject to approval by the General Assembly as | ||||||
25 | provided in this paragraph (3), an Organizational Unit | ||||||
26 | that meets all of the following criteria, as determined by |
| |||||||
| |||||||
1 | the State Board, shall have District Intervention Money | ||||||
2 | added to its Base Funding Minimum at the time the Base | ||||||
3 | Funding Minimum is calculated by the State Board: | ||||||
4 | (A) The Organizational Unit is operating under an | ||||||
5 | Independent Authority under Section 2-3.25f-5 of this | ||||||
6 | Code for a minimum of 4 school years or is subject to | ||||||
7 | the control of the State Board pursuant to a court | ||||||
8 | order for a minimum of 4 school years. | ||||||
9 | (B) The Organizational Unit was designated as a | ||||||
10 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
11 | school year under paragraph (3) of subsection (g) of | ||||||
12 | this Section. | ||||||
13 | (C) The Organizational Unit demonstrates | ||||||
14 | sustainability through a 5-year financial and | ||||||
15 | strategic plan. | ||||||
16 | (D) The Organizational Unit has made sufficient | ||||||
17 | progress and achieved sufficient stability in the | ||||||
18 | areas of governance, academic growth, and finances. | ||||||
19 | As part of its determination under this paragraph (3), | ||||||
20 | the State Board may consider the Organizational Unit's | ||||||
21 | summative designation, any accreditations of the | ||||||
22 | Organizational Unit, or the Organizational Unit's | ||||||
23 | financial profile, as calculated by the State Board. | ||||||
24 | If the State Board determines that an Organizational | ||||||
25 | Unit has met the criteria set forth in this paragraph (3), | ||||||
26 | it must submit a report to the General Assembly, no later |
| |||||||
| |||||||
1 | than January 2 of the fiscal year in which the State Board | ||||||
2 | makes it determination, on the amount of District | ||||||
3 | Intervention Money to add to the Organizational Unit's | ||||||
4 | Base Funding Minimum. The General Assembly must review the | ||||||
5 | State Board's report and may approve or disapprove, by | ||||||
6 | joint resolution, the addition of District Intervention | ||||||
7 | Money. If the General Assembly fails to act on the report | ||||||
8 | within 40 calendar days from the receipt of the report, | ||||||
9 | the addition of District Intervention Money is deemed | ||||||
10 | approved. If the General Assembly approves the amount of | ||||||
11 | District Intervention Money to be added to the | ||||||
12 | Organizational Unit's Base Funding Minimum, the District | ||||||
13 | Intervention Money must be added to the Base Funding | ||||||
14 | Minimum annually thereafter. | ||||||
15 | For the first 4 years following the initial year that | ||||||
16 | the State Board determines that an Organizational Unit has | ||||||
17 | met the criteria set forth in this paragraph (3) and has | ||||||
18 | received funding under this Section, the Organizational | ||||||
19 | Unit must annually submit to the State Board, on or before | ||||||
20 | November 30, a progress report regarding its financial and | ||||||
21 | strategic plan under subparagraph (C) of this paragraph | ||||||
22 | (3). The plan shall include the financial data from the | ||||||
23 | past 4 annual financial reports or financial audits that | ||||||
24 | must be presented to the State Board by November 15 of each | ||||||
25 | year and the approved budget financial data for the | ||||||
26 | current year. The plan shall be developed according to the |
| |||||||
| |||||||
1 | guidelines presented to the Organizational Unit by the | ||||||
2 | State Board. The plan shall further include financial | ||||||
3 | projections for the next 3 fiscal years and include a | ||||||
4 | discussion and financial summary of the Organizational | ||||||
5 | Unit's facility needs. If the Organizational Unit does not | ||||||
6 | demonstrate sufficient progress toward its 5-year plan or | ||||||
7 | if it has failed to file an annual financial report, an | ||||||
8 | annual budget, a financial plan, a deficit reduction plan, | ||||||
9 | or other financial information as required by law, the | ||||||
10 | State Board may establish a Financial Oversight Panel | ||||||
11 | under Article 1H of this Code. However, if the | ||||||
12 | Organizational Unit already has a Financial Oversight | ||||||
13 | Panel, the State Board may extend the duration of the | ||||||
14 | Panel. | ||||||
15 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
16 | (1) The Evidence-Based Funding formula establishes a | ||||||
17 | Percent of Adequacy for each Organizational Unit in order | ||||||
18 | to place such units into tiers for the purposes of the | ||||||
19 | funding distribution system described in subsection (g) of | ||||||
20 | this Section. Initially, an Organizational Unit's | ||||||
21 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
22 | are calculated pursuant to paragraph (2) of this | ||||||
23 | subsection (f). Then, an Organizational Unit's Final | ||||||
24 | Resources and Final Percent of Adequacy are calculated to | ||||||
25 | account for the Organizational Unit's poverty | ||||||
26 | concentration levels pursuant to paragraphs (3) and (4) of |
| |||||||
| |||||||
1 | this subsection (f). | ||||||
2 | (2) An Organizational Unit's Preliminary Resources are | ||||||
3 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
4 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
5 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
6 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
7 | (3) Except for Specially Funded Units, an | ||||||
8 | Organizational Unit's Final Resources are equal to the sum | ||||||
9 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
10 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
11 | Unit shall serve as its Final Resources, except that the | ||||||
12 | Base Funding Minimum for State-approved charter schools | ||||||
13 | shall not include any portion of general State aid | ||||||
14 | allocated in the prior year based on the per capita | ||||||
15 | tuition charge times the charter school enrollment. | ||||||
16 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
17 | is its Final Resources divided by its Adequacy Target. An | ||||||
18 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
19 | equal to its Base Funding Minimum less its Supplemental | ||||||
20 | Grant Funding, with the resulting figure added to the | ||||||
21 | product of its Supplemental Grant Funding and Preliminary | ||||||
22 | Percent of Adequacy. | ||||||
23 | (g) Evidence-Based Funding formula distribution system. | ||||||
24 | (1) In each school year under the Evidence-Based | ||||||
25 | Funding formula, each Organizational Unit receives funding | ||||||
26 | equal to the sum of its Base Funding Minimum and the unit's |
| |||||||
| |||||||
1 | allocation of New State Funds determined pursuant to this | ||||||
2 | subsection (g). To allocate New State Funds, the | ||||||
3 | Evidence-Based Funding formula distribution system first | ||||||
4 | places all Organizational Units into one of 4 tiers in | ||||||
5 | accordance with paragraph (3) of this subsection (g), | ||||||
6 | based on the Organizational Unit's Final Percent of | ||||||
7 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
8 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
9 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
10 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
11 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
12 | equals 0.1% of all New State Funds. Each Organizational | ||||||
13 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
14 | State Funds equal to its tier Funding Gap, as defined in | ||||||
15 | the following sentence, multiplied by the tier's | ||||||
16 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
17 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
18 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
19 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
20 | Organizational Unit's Adequacy Target, with the resulting | ||||||
21 | amount reduced by the Organizational Unit's Final | ||||||
22 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
23 | Gap equals the tier's Target Ratio, as described in | ||||||
24 | paragraph (5) of this subsection (g), multiplied by the | ||||||
25 | Organizational Unit's Adequacy Target, with the resulting | ||||||
26 | amount reduced by the Organizational Unit's Final |
| |||||||
| |||||||
1 | Resources and its Tier 1 funding allocation. To determine | ||||||
2 | the Organizational Unit's Funding Gap, the resulting | ||||||
3 | amount is then multiplied by a factor equal to one minus | ||||||
4 | the Organizational Unit's Local Capacity Target | ||||||
5 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
6 | 4 receives an allocation of New State Funds equal to the | ||||||
7 | product of its Adequacy Target and the tier's Allocation | ||||||
8 | Rate, as specified in paragraph (4) of this subsection | ||||||
9 | (g). | ||||||
10 | (2) To ensure equitable distribution of dollars for | ||||||
11 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
12 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
13 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
14 | Unit shall have its funding allocation divided by its ASE. | ||||||
15 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
16 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
17 | get a funding allocation equal to the greatest Tier 3 | ||||||
18 | funding allocation per ASE multiplied by the | ||||||
19 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
20 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
21 | the percentage calculated by dividing the original Tier 2 | ||||||
22 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
23 | Units' Tier 2 funding allocation after adjusting | ||||||
24 | districts' funding below Tier 3 levels. | ||||||
25 | (3) Organizational Units are placed into one of 4 | ||||||
26 | tiers as follows: |
| |||||||
| |||||||
1 | (A) Tier 1 consists of all Organizational Units, | ||||||
2 | except for Specially Funded Units, with a Percent of | ||||||
3 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
4 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
5 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
6 | Allocation Rate determined pursuant to paragraph (4) | ||||||
7 | of this subsection (g). | ||||||
8 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
9 | other Organizational Units, except for Specially | ||||||
10 | Funded Units, with a Percent of Adequacy of less than | ||||||
11 | 0.90. | ||||||
12 | (C) Tier 3 consists of all Organizational Units, | ||||||
13 | except for Specially Funded Units, with a Percent of | ||||||
14 | Adequacy of at least 0.90 and less than 1.0. | ||||||
15 | (D) Tier 4 consists of all Organizational Units | ||||||
16 | with a Percent of Adequacy of at least 1.0. | ||||||
17 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
18 | determined as follows: | ||||||
19 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
20 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
21 | following equation: Tier 2 Aggregate Funding, divided | ||||||
22 | by the sum of the Funding Gaps for all Tier 2 | ||||||
23 | Organizational Units, unless the result of such | ||||||
24 | equation is higher than 1.0. If the result of such | ||||||
25 | equation is higher than 1.0, then the Tier 2 | ||||||
26 | Allocation Rate is 1.0. |
| |||||||
| |||||||
1 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
2 | following equation: Tier 3
Aggregate Funding, divided | ||||||
3 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
4 | Organizational
Units. | ||||||
5 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
6 | following equation: Tier 4
Aggregate Funding, divided | ||||||
7 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
8 | Organizational
Units. | ||||||
9 | (5) A tier's Target Ratio is determined as follows: | ||||||
10 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
11 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
12 | with the Tier 1 Allocation Rate. | ||||||
13 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
14 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
15 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
16 | greater than 90%, then all Tier 1 funding shall be | ||||||
17 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
18 | funding may be identified. | ||||||
19 | (7) In the event that all Tier 2 Organizational Units | ||||||
20 | receive funding at the Tier 2 Target Ratio level, any | ||||||
21 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
22 | Tier 4 Organizational Units. | ||||||
23 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
24 | Academy, recognized by the State Board do not qualify for | ||||||
25 | direct funding following the implementation of Public Act | ||||||
26 | 100-465 from any of the funding sources included within |
| |||||||
| |||||||
1 | the definition of Base Funding Minimum, the unqualified | ||||||
2 | portion of the Base Funding Minimum shall be transferred | ||||||
3 | to one or more appropriate Organizational Units as | ||||||
4 | determined by the State Superintendent based on the prior | ||||||
5 | year ASE of the Organizational Units. | ||||||
6 | (8.5) If a school district withdraws from a special | ||||||
7 | education cooperative, the portion of the Base Funding | ||||||
8 | Minimum that is attributable to the school district may be | ||||||
9 | redistributed to the school district upon withdrawal. The | ||||||
10 | school district and the cooperative must include the | ||||||
11 | amount of the Base Funding Minimum that is to be | ||||||
12 | reapportioned in their withdrawal agreement and notify the | ||||||
13 | State Board of the change with a copy of the agreement upon | ||||||
14 | withdrawal. | ||||||
15 | (9) The Minimum Funding Level is intended to establish | ||||||
16 | a target for State funding that will keep pace with | ||||||
17 | inflation and continue to advance equity through the | ||||||
18 | Evidence-Based Funding formula. The target for State | ||||||
19 | funding of New Property Tax Relief Pool Funds is | ||||||
20 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
21 | State fiscal years. The Minimum Funding Level is equal to | ||||||
22 | $350,000,000. In addition to any New State Funds, no more | ||||||
23 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
24 | counted toward the Minimum Funding Level. If the sum of | ||||||
25 | New State Funds and applicable New Property Tax Relief | ||||||
26 | Pool Funds are less than the Minimum Funding Level, than |
| |||||||
| |||||||
1 | funding for tiers shall be reduced in the following | ||||||
2 | manner: | ||||||
3 | (A) First, Tier 4 funding shall be reduced by an | ||||||
4 | amount equal to the difference between the Minimum | ||||||
5 | Funding Level and New State Funds until such time as | ||||||
6 | Tier 4 funding is exhausted. | ||||||
7 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
8 | amount equal to the difference between the Minimum | ||||||
9 | Funding Level and New State Funds and the reduction in | ||||||
10 | Tier 4 funding until such time as Tier 3 funding is | ||||||
11 | exhausted. | ||||||
12 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
13 | amount equal to the difference between the Minimum | ||||||
14 | Funding Level and New State Funds and the reduction in | ||||||
15 | Tier 4 and Tier 3. | ||||||
16 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
17 | amount equal to the difference between the Minimum | ||||||
18 | Funding level and New State Funds and the reduction in | ||||||
19 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
20 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
21 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
22 | this subsection (g), multiplied by the result of New | ||||||
23 | State Funds divided by the Minimum Funding Level. | ||||||
24 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
25 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
26 | any amount in excess of $300,000,000 shall be dedicated |
| |||||||
| |||||||
1 | for purposes of Section 2-3.170 of this Code up to a | ||||||
2 | maximum of $50,000,000. | ||||||
3 | (10) In the event of a decrease in the amount of the | ||||||
4 | appropriation for this Section in any fiscal year after | ||||||
5 | implementation of this Section, the Organizational Units | ||||||
6 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
7 | paragraph (3) of this subsection (g), shall be held | ||||||
8 | harmless by establishing a Base Funding Guarantee equal to | ||||||
9 | the per pupil kindergarten through grade 12 funding | ||||||
10 | received in accordance with this Section in the prior | ||||||
11 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
12 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
13 | per pupil basis equivalent to the total number of the ASE | ||||||
14 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
15 | divided by the total reduction in State funding. The Base
| ||||||
16 | Funding Minimum as reduced shall continue to be applied to | ||||||
17 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
18 | relative formula when increases in
appropriations for this | ||||||
19 | Section resume. In no event may State funding reductions | ||||||
20 | to
Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
21 | amount that would be less than the
Base Funding Minimum | ||||||
22 | established in the first year of implementation of this
| ||||||
23 | Section. If additional reductions are required, all school | ||||||
24 | districts shall receive a
reduction by a per pupil amount | ||||||
25 | equal to the aggregate additional appropriation
reduction | ||||||
26 | divided by the total ASE of all Organizational Units. |
| |||||||
| |||||||
1 | (11) The State Superintendent shall make minor | ||||||
2 | adjustments to the distribution formula set forth in this | ||||||
3 | subsection (g) to account for the rounding of percentages | ||||||
4 | to the nearest tenth of a percentage and dollar amounts to | ||||||
5 | the nearest whole dollar. | ||||||
6 | (h) State Superintendent administration of funding and | ||||||
7 | district submission requirements. | ||||||
8 | (1) The State Superintendent shall, in accordance with | ||||||
9 | appropriations made by the General Assembly, meet the | ||||||
10 | funding obligations created under this Section. | ||||||
11 | (2) The State Superintendent shall calculate the | ||||||
12 | Adequacy Target for each Organizational Unit and Net State | ||||||
13 | Contribution Target for each Organizational Unit under | ||||||
14 | this Section. No Evidence-Based Funding shall be | ||||||
15 | distributed within an Organizational Unit without the | ||||||
16 | approval of the unit's school board. | ||||||
17 | (3) Annually, the State Superintendent shall calculate | ||||||
18 | and report to each Organizational Unit the unit's | ||||||
19 | aggregate financial adequacy amount, which shall be the | ||||||
20 | sum of the Adequacy Target for each Organizational Unit. | ||||||
21 | The State Superintendent shall calculate and report | ||||||
22 | separately for each Organizational Unit the unit's total | ||||||
23 | State funds allocated for its students with disabilities. | ||||||
24 | The State Superintendent shall calculate and report | ||||||
25 | separately for each Organizational Unit the amount of | ||||||
26 | funding and applicable FTE calculated for each Essential |
| |||||||
| |||||||
1 | Element of the unit's Adequacy Target. | ||||||
2 | (4) Annually, the State Superintendent shall calculate | ||||||
3 | and report to each Organizational Unit the amount the unit | ||||||
4 | must expend on special education and bilingual education | ||||||
5 | and computer technology and equipment for Organizational | ||||||
6 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
7 | additional $285.50 per student computer technology and | ||||||
8 | equipment investment grant to their Adequacy Target | ||||||
9 | pursuant to the unit's Base Funding Minimum, Special | ||||||
10 | Education Allocation, Bilingual Education Allocation, and | ||||||
11 | computer technology and equipment investment allocation. | ||||||
12 | (5) Moneys distributed under this Section shall be | ||||||
13 | calculated on a school year basis, but paid on a fiscal | ||||||
14 | year basis, with payments beginning in August and | ||||||
15 | extending through June. Unless otherwise provided, the | ||||||
16 | moneys appropriated for each fiscal year shall be | ||||||
17 | distributed in 22 equal payments at least 2 times monthly | ||||||
18 | to each Organizational Unit. If moneys appropriated for | ||||||
19 | any fiscal year are distributed other than monthly, the | ||||||
20 | distribution shall be on the same basis for each | ||||||
21 | Organizational Unit. | ||||||
22 | (6) Any school district that fails, for any given | ||||||
23 | school year, to maintain school as required by law or to | ||||||
24 | maintain a recognized school is not eligible to receive | ||||||
25 | Evidence-Based Funding. In case of non-recognition of one | ||||||
26 | or more attendance centers in a school district otherwise |
| |||||||
| |||||||
1 | operating recognized schools, the claim of the district | ||||||
2 | shall be reduced in the proportion that the enrollment in | ||||||
3 | the attendance center or centers bears to the enrollment | ||||||
4 | of the school district. "Recognized school" means any | ||||||
5 | public school that meets the standards for recognition by | ||||||
6 | the State Board. A school district or attendance center | ||||||
7 | not having recognition status at the end of a school term | ||||||
8 | is entitled to receive State aid payments due upon a legal | ||||||
9 | claim that was filed while it was recognized. | ||||||
10 | (7) School district claims filed under this Section | ||||||
11 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
12 | except as otherwise provided in this Section. | ||||||
13 | (8) Each fiscal year, the State Superintendent shall | ||||||
14 | calculate for each Organizational Unit an amount of its | ||||||
15 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
16 | be deemed attributable to the provision of special | ||||||
17 | educational facilities and services, as defined in Section | ||||||
18 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
19 | with maintenance of State financial support requirements | ||||||
20 | under the federal Individuals with Disabilities Education | ||||||
21 | Act. An Organizational Unit must use such funds only for | ||||||
22 | the provision of special educational facilities and | ||||||
23 | services, as defined in Section 14-1.08 of this Code, and | ||||||
24 | must comply with any expenditure verification procedures | ||||||
25 | adopted by the State Board. | ||||||
26 | (9) All Organizational Units in this State must submit |
| |||||||
| |||||||
1 | annual spending plans by the end of September of each year | ||||||
2 | to the State Board as part of the annual budget process, | ||||||
3 | which shall describe how each Organizational Unit will | ||||||
4 | utilize the Base Funding Minimum and Evidence-Based | ||||||
5 | Funding it receives from this State under this Section | ||||||
6 | with specific identification of the intended utilization | ||||||
7 | of Low-Income, English learner, and special education | ||||||
8 | resources. Additionally, the annual spending plans of each | ||||||
9 | Organizational Unit shall describe how the Organizational | ||||||
10 | Unit expects to achieve student growth and how the | ||||||
11 | Organizational Unit will achieve State education goals, as | ||||||
12 | defined by the State Board. The State Superintendent may, | ||||||
13 | from time to time, identify additional requisites for | ||||||
14 | Organizational Units to satisfy when compiling the annual | ||||||
15 | spending plans required under this subsection (h). The | ||||||
16 | format and scope of annual spending plans shall be | ||||||
17 | developed by the State Superintendent and the State Board | ||||||
18 | of Education. School districts that serve students under | ||||||
19 | Article 14C of this Code shall continue to submit | ||||||
20 | information as required under Section 14C-12 of this Code. | ||||||
21 | (10) No later than January 1, 2018, the State | ||||||
22 | Superintendent shall develop a 5-year strategic plan for | ||||||
23 | all Organizational Units to help in planning for adequacy | ||||||
24 | funding under this Section. The State Superintendent shall | ||||||
25 | submit the plan to the Governor and the General Assembly, | ||||||
26 | as provided in Section 3.1 of the General Assembly |
| |||||||
| |||||||
1 | Organization Act. The plan shall include recommendations | ||||||
2 | for: | ||||||
3 | (A) a framework for collaborative, professional, | ||||||
4 | innovative, and 21st century learning environments | ||||||
5 | using the Evidence-Based Funding model; | ||||||
6 | (B) ways to prepare and support this State's | ||||||
7 | educators for successful instructional careers; | ||||||
8 | (C) application and enhancement of the current | ||||||
9 | financial accountability measures, the approved State | ||||||
10 | plan to comply with the federal Every Student Succeeds | ||||||
11 | Act, and the Illinois Balanced Accountability Measures | ||||||
12 | in relation to student growth and elements of the | ||||||
13 | Evidence-Based Funding model; and | ||||||
14 | (D) implementation of an effective school adequacy | ||||||
15 | funding system based on projected and recommended | ||||||
16 | funding levels from the General Assembly. | ||||||
17 | (11) On an annual basis, the State Superintendent
must | ||||||
18 | recalibrate all of the following per pupil elements of the | ||||||
19 | Adequacy Target and applied to the formulas, based on the | ||||||
20 | study of average expenses and as reported in the most | ||||||
21 | recent annual financial report: | ||||||
22 | (A) Gifted under subparagraph (M) of paragraph
(2) | ||||||
23 | of subsection (b). | ||||||
24 | (B) Instructional materials under subparagraph
(O) | ||||||
25 | of paragraph (2) of subsection (b). | ||||||
26 | (C) Assessment under subparagraph (P) of
paragraph |
| |||||||
| |||||||
1 | (2) of subsection (b). | ||||||
2 | (D) Student activities under subparagraph (R) of
| ||||||
3 | paragraph (2) of subsection (b). | ||||||
4 | (E) Maintenance and operations under subparagraph
| ||||||
5 | (S) of paragraph (2) of subsection (b). | ||||||
6 | (F) Central office under subparagraph (T) of
| ||||||
7 | paragraph (2) of subsection (b). | ||||||
8 | (i) Professional Review Panel. | ||||||
9 | (1) A Professional Review Panel is created to study | ||||||
10 | and review topics related to the implementation and effect | ||||||
11 | of Evidence-Based Funding, as assigned by a joint | ||||||
12 | resolution or Public Act of the General Assembly or a | ||||||
13 | motion passed by the State Board of Education. The Panel | ||||||
14 | must provide recommendations to and serve the Governor, | ||||||
15 | the General Assembly, and the State Board. The State | ||||||
16 | Superintendent or his or her designee must serve as a | ||||||
17 | voting member and chairperson of the Panel. The State | ||||||
18 | Superintendent must appoint a vice chairperson from the | ||||||
19 | membership of the Panel. The Panel must advance | ||||||
20 | recommendations based on a three-fifths majority vote of | ||||||
21 | Panel members present and voting. A minority opinion may | ||||||
22 | also accompany any recommendation of the Panel. The Panel | ||||||
23 | shall be appointed by the State Superintendent, except as | ||||||
24 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
25 | and include the following members: | ||||||
26 | (A) Two appointees that represent district |
| |||||||
| |||||||
1 | superintendents, recommended by a statewide | ||||||
2 | organization that represents district superintendents. | ||||||
3 | (B) Two appointees that represent school boards, | ||||||
4 | recommended by a statewide organization that | ||||||
5 | represents school boards. | ||||||
6 | (C) Two appointees from districts that represent | ||||||
7 | school business officials, recommended by a statewide | ||||||
8 | organization that represents school business | ||||||
9 | officials. | ||||||
10 | (D) Two appointees that represent school | ||||||
11 | principals, recommended by a statewide organization | ||||||
12 | that represents school principals. | ||||||
13 | (E) Two appointees that represent teachers, | ||||||
14 | recommended by a statewide organization that | ||||||
15 | represents teachers. | ||||||
16 | (F) Two appointees that represent teachers, | ||||||
17 | recommended by another statewide organization that | ||||||
18 | represents teachers. | ||||||
19 | (G) Two appointees that represent regional | ||||||
20 | superintendents of schools, recommended by | ||||||
21 | organizations that represent regional superintendents. | ||||||
22 | (H) Two independent experts selected solely by the | ||||||
23 | State Superintendent. | ||||||
24 | (I) Two independent experts recommended by public | ||||||
25 | universities in this State. | ||||||
26 | (J) One member recommended by a statewide |
| |||||||
| |||||||
1 | organization that represents parents. | ||||||
2 | (K) Two representatives recommended by collective | ||||||
3 | impact organizations that represent major metropolitan | ||||||
4 | areas or geographic areas in Illinois. | ||||||
5 | (L) One member from a statewide organization | ||||||
6 | focused on research-based education policy to support | ||||||
7 | a school system that prepares all students for | ||||||
8 | college, a career, and democratic citizenship. | ||||||
9 | (M) One representative from a school district | ||||||
10 | organized under Article 34 of this Code. | ||||||
11 | The State Superintendent shall ensure that the | ||||||
12 | membership of the Panel includes representatives from | ||||||
13 | school districts and communities reflecting the | ||||||
14 | geographic, socio-economic, racial, and ethnic diversity | ||||||
15 | of this State. The State Superintendent shall additionally | ||||||
16 | ensure that the membership of the Panel includes | ||||||
17 | representatives with expertise in bilingual education and | ||||||
18 | special education. Staff from the State Board shall staff | ||||||
19 | the Panel. | ||||||
20 | (2) In addition to those Panel members appointed by | ||||||
21 | the State Superintendent, 4 members of the General | ||||||
22 | Assembly shall be appointed as follows: one member of the | ||||||
23 | House of Representatives appointed by the Speaker of the | ||||||
24 | House of Representatives, one member of the Senate | ||||||
25 | appointed by the President of the Senate, one member of | ||||||
26 | the House of Representatives appointed by the Minority |
| |||||||
| |||||||
1 | Leader of the House of Representatives, and one member of | ||||||
2 | the Senate appointed by the Minority Leader of the Senate. | ||||||
3 | There shall be one additional member appointed by the | ||||||
4 | Governor. All members appointed by legislative leaders or | ||||||
5 | the Governor shall be non-voting, ex officio members. | ||||||
6 | (3) The Panel must study topics at the direction of | ||||||
7 | the General Assembly or State Board of Education, as | ||||||
8 | provided under paragraph (1). The Panel may also study the | ||||||
9 | following topics at the direction of the chairperson: | ||||||
10 | (A) The format and scope of annual spending plans | ||||||
11 | referenced in paragraph (9) of subsection (h) of this | ||||||
12 | Section. | ||||||
13 | (B) The Comparable Wage Index under this Section. | ||||||
14 | (C) Maintenance and operations, including capital | ||||||
15 | maintenance and construction costs. | ||||||
16 | (D) "At-risk student" definition. | ||||||
17 | (E) Benefits. | ||||||
18 | (F) Technology. | ||||||
19 | (G) Local Capacity Target. | ||||||
20 | (H) Funding for Alternative Schools, Laboratory | ||||||
21 | Schools, safe schools, and alternative learning | ||||||
22 | opportunities programs. | ||||||
23 | (I) Funding for college and career acceleration | ||||||
24 | strategies. | ||||||
25 | (J) Special education investments. | ||||||
26 | (K) Early childhood investments, in collaboration |
| |||||||
| |||||||
1 | with the Illinois Early Learning Council. | ||||||
2 | (4) (Blank). | ||||||
3 | (5) Within 5 years after the implementation of this | ||||||
4 | Section, and every 5 years thereafter, the Panel shall | ||||||
5 | complete an evaluative study of the entire Evidence-Based | ||||||
6 | Funding model, including an assessment of whether or not | ||||||
7 | the formula is achieving State goals. The Panel shall | ||||||
8 | report to the State Board, the General Assembly, and the | ||||||
9 | Governor on the findings of the study. | ||||||
10 | (6) (Blank). | ||||||
11 | (7) To ensure that (i) the Adequacy Target calculation | ||||||
12 | under subsection (b) accurately reflects the needs of | ||||||
13 | students living in poverty or attending schools located in | ||||||
14 | areas of high poverty, (ii) racial equity within the | ||||||
15 | Evidence-Based Funding formula is explicitly explored and | ||||||
16 | advanced, and (iii) the funding goals of the formula | ||||||
17 | distribution system established under this Section are | ||||||
18 | sufficient to provide adequate funding for every student | ||||||
19 | and to fully fund every school in this State, the Panel | ||||||
20 | shall review the Essential Elements under paragraph (2) of | ||||||
21 | subsection (b). The Panel shall consider all of the | ||||||
22 | following in its review: | ||||||
23 | (A) The financial ability of school districts to | ||||||
24 | provide instruction in a foreign language to every | ||||||
25 | student and whether an additional Essential Element | ||||||
26 | should be added to the formula to ensure that every |
| |||||||
| |||||||
1 | student has access to instruction in a foreign | ||||||
2 | language. | ||||||
3 | (B) The adult-to-student ratio for each Essential | ||||||
4 | Element in which a ratio is identified. The Panel | ||||||
5 | shall consider whether the ratio accurately reflects | ||||||
6 | the staffing needed to support students living in | ||||||
7 | poverty or who have traumatic backgrounds. | ||||||
8 | (C) Changes to the Essential Elements that may be | ||||||
9 | required to better promote racial equity and eliminate | ||||||
10 | structural racism within schools. | ||||||
11 | (D) The impact of investing $350,000,000 in | ||||||
12 | additional funds each year under this Section and an | ||||||
13 | estimate of when the school system will become fully | ||||||
14 | funded under this level of appropriation. | ||||||
15 | (E) Provide an overview of alternative funding | ||||||
16 | structures that would enable the State to become fully | ||||||
17 | funded at an earlier date. | ||||||
18 | (F) The potential to increase efficiency and to | ||||||
19 | find cost savings within the school system to expedite | ||||||
20 | the journey to a fully funded system. | ||||||
21 | (G) The appropriate levels for reenrolling and | ||||||
22 | graduating high-risk high school students who have | ||||||
23 | been previously out of school. These outcomes shall | ||||||
24 | include enrollment, attendance, skill gains, credit | ||||||
25 | gains, graduation or promotion to the next grade | ||||||
26 | level, and the transition to college, training, or |
| |||||||
| |||||||
1 | employment, with an emphasis on progressively | ||||||
2 | increasing the overall attendance. | ||||||
3 | (H) The evidence-based or research-based practices | ||||||
4 | that are shown to reduce the gaps and disparities | ||||||
5 | experienced by African American students in academic | ||||||
6 | achievement and educational performance, including | ||||||
7 | practices that have been shown to reduce disparities | ||||||
8 | parities in disciplinary rates, drop-out rates, | ||||||
9 | graduation rates, college matriculation rates, and | ||||||
10 | college completion rates. | ||||||
11 | On or before December 31, 2021, the Panel shall report | ||||||
12 | to the State Board, the General Assembly, and the Governor | ||||||
13 | on the findings of its review. This paragraph (7) is | ||||||
14 | inoperative on and after July 1, 2022. | ||||||
15 | (j) References. Beginning July 1, 2017, references in | ||||||
16 | other laws to general State aid funds or calculations under | ||||||
17 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
18 | be references to evidence-based model formula funds or | ||||||
19 | calculations under this Section.
| ||||||
20 | (Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; | ||||||
21 | 101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. | ||||||
22 | 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised | ||||||
23 | 10-12-21.) | ||||||
24 | (105 ILCS 5/21B-20) | ||||||
25 | Sec. 21B-20. Types of licenses. The State Board of |
| |||||||
| |||||||
1 | Education shall implement a system of educator licensure, | ||||||
2 | whereby individuals employed in school districts who are | ||||||
3 | required to be licensed must have one of the following | ||||||
4 | licenses: (i) a professional educator license; (ii) an | ||||||
5 | educator license with stipulations; (iii) a substitute | ||||||
6 | teaching license; or (iv) until June 30, 2023, a short-term | ||||||
7 | substitute teaching license. References in law regarding | ||||||
8 | individuals certified or certificated or required to be | ||||||
9 | certified or certificated under Article 21 of this Code shall | ||||||
10 | also include individuals licensed or required to be licensed | ||||||
11 | under this Article. The first year of all licenses ends on June | ||||||
12 | 30 following one full year of the license being issued. | ||||||
13 | The State Board of Education, in consultation with the | ||||||
14 | State Educator Preparation and Licensure Board, may adopt such | ||||||
15 | rules as may be necessary to govern the requirements for | ||||||
16 | licenses and endorsements under this Section. | ||||||
17 | (1) Professional Educator License. Persons who (i) | ||||||
18 | have successfully completed an approved educator | ||||||
19 | preparation program and are recommended for licensure by | ||||||
20 | the Illinois institution offering the educator preparation | ||||||
21 | program, (ii) have successfully completed the required | ||||||
22 | testing under Section 21B-30 of this Code, (iii) have | ||||||
23 | successfully completed coursework on the psychology of, | ||||||
24 | the identification of, and the methods of instruction for | ||||||
25 | the exceptional child, including without limitation | ||||||
26 | children with learning disabilities, (iv) have |
| |||||||
| |||||||
1 | successfully completed coursework in methods of reading | ||||||
2 | and reading in the content area, and (v) have met all other | ||||||
3 | criteria established by rule of the State Board of | ||||||
4 | Education shall be issued a Professional Educator License. | ||||||
5 | All Professional Educator Licenses are valid until June 30 | ||||||
6 | immediately following 5 years of the license being issued. | ||||||
7 | The Professional Educator License shall be endorsed with | ||||||
8 | specific areas and grade levels in which the individual is | ||||||
9 | eligible to practice. For an early childhood education | ||||||
10 | endorsement, an individual may satisfy the student | ||||||
11 | teaching requirement of his or her early childhood teacher | ||||||
12 | preparation program through placement in a setting with | ||||||
13 | children from birth through grade 2, and the individual | ||||||
14 | may be paid and receive credit while student teaching. The | ||||||
15 | student teaching experience must meet the requirements of | ||||||
16 | and be approved by the individual's early childhood | ||||||
17 | teacher preparation program. | ||||||
18 | Individuals can receive subsequent endorsements on the | ||||||
19 | Professional Educator License. Subsequent endorsements | ||||||
20 | shall require a minimum of 24 semester hours of coursework | ||||||
21 | in the endorsement area and passage of the applicable | ||||||
22 | content area test, unless otherwise specified by rule. | ||||||
23 | (2) Educator License with Stipulations. An Educator | ||||||
24 | License with Stipulations shall be issued an endorsement | ||||||
25 | that limits the license holder to one particular position | ||||||
26 | or does not require completion of an approved educator |
| |||||||
| |||||||
1 | program or both. | ||||||
2 | An individual with an Educator License with | ||||||
3 | Stipulations must not be employed by a school district or | ||||||
4 | any other entity to replace any presently employed teacher | ||||||
5 | who otherwise would not be replaced for any reason. | ||||||
6 | An Educator License with Stipulations may be issued | ||||||
7 | with the following endorsements: | ||||||
8 | (A) (Blank). | ||||||
9 | (B) Alternative provisional educator. An | ||||||
10 | alternative provisional educator endorsement on an | ||||||
11 | Educator License with Stipulations may be issued to an | ||||||
12 | applicant who, at the time of applying for the | ||||||
13 | endorsement, has done all of the following: | ||||||
14 | (i) Graduated from a regionally accredited | ||||||
15 | college or university with a minimum of a | ||||||
16 | bachelor's degree. | ||||||
17 | (ii) Successfully completed the first phase of | ||||||
18 | the Alternative Educator Licensure Program for | ||||||
19 | Teachers, as described in Section 21B-50 of this | ||||||
20 | Code. | ||||||
21 | (iii) Passed a content area test, as required | ||||||
22 | under Section 21B-30 of this Code. | ||||||
23 | The alternative provisional educator endorsement is | ||||||
24 | valid for 2 years of teaching and may be renewed for a | ||||||
25 | third year by an individual meeting the requirements set | ||||||
26 | forth in Section 21B-50 of this Code. |
| |||||||
| |||||||
1 | (C) Alternative provisional superintendent. An | ||||||
2 | alternative provisional superintendent endorsement on | ||||||
3 | an Educator License with Stipulations entitles the | ||||||
4 | holder to serve only as a superintendent or assistant | ||||||
5 | superintendent in a school district's central office. | ||||||
6 | This endorsement may only be issued to an applicant | ||||||
7 | who, at the time of applying for the endorsement, has | ||||||
8 | done all of the following: | ||||||
9 | (i) Graduated from a regionally accredited | ||||||
10 | college or university with a minimum of a master's | ||||||
11 | degree in a management field other than education. | ||||||
12 | (ii) Been employed for a period of at least 5 | ||||||
13 | years in a management level position in a field | ||||||
14 | other than education. | ||||||
15 | (iii) Successfully completed the first phase | ||||||
16 | of an alternative route to superintendent | ||||||
17 | endorsement program, as provided in Section 21B-55 | ||||||
18 | of this Code. | ||||||
19 | (iv) Passed a content area test required under | ||||||
20 | Section 21B-30 of this Code. | ||||||
21 | The endorsement is valid for 2 fiscal years in | ||||||
22 | order to complete one full year of serving as a | ||||||
23 | superintendent or assistant superintendent. | ||||||
24 | (D) (Blank). | ||||||
25 | (E) Career and technical educator. A career and | ||||||
26 | technical educator endorsement on an Educator License |
| |||||||
| |||||||
1 | with Stipulations may be issued to an applicant who | ||||||
2 | has a minimum of 60 semester hours of coursework from a | ||||||
3 | regionally accredited institution of higher education | ||||||
4 | or an accredited trade and technical institution and | ||||||
5 | has a minimum of 2,000 hours of experience outside of | ||||||
6 | education in each area to be taught. | ||||||
7 | The career and technical educator endorsement on | ||||||
8 | an Educator License with Stipulations is valid until | ||||||
9 | June 30 immediately following 5 years of the | ||||||
10 | endorsement being issued and may be renewed. | ||||||
11 | An individual who holds a valid career and | ||||||
12 | technical educator endorsement on an Educator License | ||||||
13 | with Stipulations but does not hold a bachelor's | ||||||
14 | degree may substitute teach in career and technical | ||||||
15 | education classrooms. | ||||||
16 | (F) (Blank). Part-time provisional career and | ||||||
17 | technical educator or provisional career and technical | ||||||
18 | educator. A part-time provisional career and technical | ||||||
19 | educator endorsement or a provisional career and | ||||||
20 | technical educator endorsement on an Educator License | ||||||
21 | with Stipulations may be issued to an applicant who | ||||||
22 | has a minimum of 8,000 hours of work experience in the | ||||||
23 | skill for which the applicant is seeking the | ||||||
24 | endorsement. It is the responsibility of each | ||||||
25 | employing school board and regional office of | ||||||
26 | education to provide verification, in writing, to the |
| |||||||
| |||||||
1 | State Superintendent of Education at the time the | ||||||
2 | application is submitted that no qualified teacher | ||||||
3 | holding a Professional Educator License or an Educator | ||||||
4 | License with Stipulations with a career and technical | ||||||
5 | educator endorsement is available and that actual | ||||||
6 | circumstances require such issuance. | ||||||
7 | The provisional career and technical educator | ||||||
8 | endorsement on an Educator License with Stipulations | ||||||
9 | is valid until June 30 immediately following 5 years | ||||||
10 | of the endorsement being issued and may be renewed for | ||||||
11 | 5 years. | ||||||
12 | A part-time provisional career and technical | ||||||
13 | educator endorsement on an Educator License with | ||||||
14 | Stipulations may be issued for teaching no more than 2 | ||||||
15 | courses of study for grades 6 through 12. The | ||||||
16 | part-time provisional career and technical educator | ||||||
17 | endorsement on an Educator License with Stipulations | ||||||
18 | is valid until June 30 immediately following 5 years | ||||||
19 | of the endorsement being issued and may be renewed for | ||||||
20 | 5 years if the individual makes application for | ||||||
21 | renewal. | ||||||
22 | An individual who holds a provisional or part-time | ||||||
23 | provisional career and technical educator endorsement | ||||||
24 | on an Educator License with Stipulations but does not | ||||||
25 | hold a bachelor's degree may substitute teach in | ||||||
26 | career and technical education classrooms. |
| |||||||
| |||||||
1 | (G) Transitional bilingual educator. A | ||||||
2 | transitional bilingual educator endorsement on an | ||||||
3 | Educator License with Stipulations may be issued for | ||||||
4 | the purpose of providing instruction in accordance | ||||||
5 | with Article 14C of this Code to an applicant who | ||||||
6 | provides satisfactory evidence that he or she meets | ||||||
7 | all of the following requirements: | ||||||
8 | (i) Possesses adequate speaking, reading, and | ||||||
9 | writing ability in the language other than English | ||||||
10 | in which transitional bilingual education is | ||||||
11 | offered. | ||||||
12 | (ii) Has the ability to successfully | ||||||
13 | communicate in English. | ||||||
14 | (iii) Either possessed, within 5 years | ||||||
15 | previous to his or her applying for a transitional | ||||||
16 | bilingual educator endorsement, a valid and | ||||||
17 | comparable teaching certificate or comparable | ||||||
18 | authorization issued by a foreign country or holds | ||||||
19 | a degree from an institution of higher learning in | ||||||
20 | a foreign country that the State Educator | ||||||
21 | Preparation and Licensure Board determines to be | ||||||
22 | the equivalent of a bachelor's degree from a | ||||||
23 | regionally accredited institution of higher | ||||||
24 | learning in the United States. | ||||||
25 | A transitional bilingual educator endorsement | ||||||
26 | shall be valid for prekindergarten through grade 12, |
| |||||||
| |||||||
1 | is valid until June 30 immediately following 5 years | ||||||
2 | of the endorsement being issued, and shall not be | ||||||
3 | renewed. | ||||||
4 | Persons holding a transitional bilingual educator | ||||||
5 | endorsement shall not be employed to replace any | ||||||
6 | presently employed teacher who otherwise would not be | ||||||
7 | replaced for any reason. | ||||||
8 | (H) Language endorsement. In an effort to | ||||||
9 | alleviate the shortage of teachers speaking a language | ||||||
10 | other than English in the public schools, an | ||||||
11 | individual who holds an Educator License with | ||||||
12 | Stipulations may also apply for a language | ||||||
13 | endorsement, provided that the applicant provides | ||||||
14 | satisfactory evidence that he or she meets all of the | ||||||
15 | following requirements: | ||||||
16 | (i) Holds a transitional bilingual | ||||||
17 | endorsement. | ||||||
18 | (ii) Has demonstrated proficiency in the | ||||||
19 | language for which the endorsement is to be issued | ||||||
20 | by passing the applicable language content test | ||||||
21 | required by the State Board of Education. | ||||||
22 | (iii) Holds a bachelor's degree or higher from | ||||||
23 | a regionally accredited institution of higher | ||||||
24 | education or, for individuals educated in a | ||||||
25 | country other than the United States, holds a | ||||||
26 | degree from an institution of higher learning in a |
| |||||||
| |||||||
1 | foreign country that the State Educator | ||||||
2 | Preparation and Licensure Board determines to be | ||||||
3 | the equivalent of a bachelor's degree from a | ||||||
4 | regionally accredited institution of higher | ||||||
5 | learning in the United States. | ||||||
6 | (iv) (Blank). | ||||||
7 | A language endorsement on an Educator License with | ||||||
8 | Stipulations is valid for prekindergarten through | ||||||
9 | grade 12 for the same validity period as the | ||||||
10 | individual's transitional bilingual educator | ||||||
11 | endorsement on the Educator License with Stipulations | ||||||
12 | and shall not be renewed. | ||||||
13 | (I) Visiting international educator. A visiting | ||||||
14 | international educator endorsement on an Educator | ||||||
15 | License with Stipulations may be issued to an | ||||||
16 | individual who is being recruited by a particular | ||||||
17 | school district that conducts formal recruitment | ||||||
18 | programs outside of the United States to secure the | ||||||
19 | services of qualified teachers and who meets all of | ||||||
20 | the following requirements: | ||||||
21 | (i) Holds the equivalent of a minimum of a | ||||||
22 | bachelor's degree issued in the United States. | ||||||
23 | (ii) Has been prepared as a teacher at the | ||||||
24 | grade level for which he or she will be employed. | ||||||
25 | (iii) Has adequate content knowledge in the | ||||||
26 | subject to be taught. |
| |||||||
| |||||||
1 | (iv) Has an adequate command of the English | ||||||
2 | language. | ||||||
3 | A holder of a visiting international educator | ||||||
4 | endorsement on an Educator License with Stipulations | ||||||
5 | shall be permitted to teach in bilingual education | ||||||
6 | programs in the language that was the medium of | ||||||
7 | instruction in his or her teacher preparation program, | ||||||
8 | provided that he or she passes the English Language | ||||||
9 | Proficiency Examination or another test of writing | ||||||
10 | skills in English identified by the State Board of | ||||||
11 | Education, in consultation with the State Educator | ||||||
12 | Preparation and Licensure Board. | ||||||
13 | A visiting international educator endorsement on | ||||||
14 | an Educator License with Stipulations is valid for 5 | ||||||
15 | years and shall not be renewed. | ||||||
16 | (J) Paraprofessional educator. A paraprofessional | ||||||
17 | educator endorsement on an Educator License with | ||||||
18 | Stipulations may be issued to an applicant who holds a | ||||||
19 | high school diploma or its recognized equivalent and | ||||||
20 | either holds an associate's degree or a minimum of 60 | ||||||
21 | semester hours of credit from a regionally accredited | ||||||
22 | institution of higher education or has passed a | ||||||
23 | paraprofessional competency test under subsection | ||||||
24 | (c-5) of Section 21B-30. The paraprofessional educator | ||||||
25 | endorsement is valid until June 30 immediately | ||||||
26 | following 5 years of the endorsement being issued and |
| |||||||
| |||||||
1 | may be renewed through application and payment of the | ||||||
2 | appropriate fee, as required under Section 21B-40 of | ||||||
3 | this Code. An individual who holds only a | ||||||
4 | paraprofessional educator endorsement is not subject | ||||||
5 | to additional requirements in order to renew the | ||||||
6 | endorsement. | ||||||
7 | (K) Chief school business official. A chief school | ||||||
8 | business official endorsement on an Educator License | ||||||
9 | with Stipulations may be issued to an applicant who | ||||||
10 | qualifies by having a master's degree or higher, 2 | ||||||
11 | years of full-time administrative experience in school | ||||||
12 | business management or 2 years of university-approved | ||||||
13 | practical experience, and a minimum of 24 semester | ||||||
14 | hours of graduate credit in a program approved by the | ||||||
15 | State Board of Education for the preparation of school | ||||||
16 | business administrators and by passage of the | ||||||
17 | applicable State tests, including an applicable | ||||||
18 | content area test. | ||||||
19 | The chief school business official endorsement may | ||||||
20 | also be affixed to the Educator License with | ||||||
21 | Stipulations of any holder who qualifies by having a | ||||||
22 | master's degree in business administration, finance, | ||||||
23 | accounting, or public administration and who completes | ||||||
24 | an additional 6 semester hours of internship in school | ||||||
25 | business management from a regionally accredited | ||||||
26 | institution of higher education and passes the |
| |||||||
| |||||||
1 | applicable State tests, including an applicable | ||||||
2 | content area test. This endorsement shall be required | ||||||
3 | for any individual employed as a chief school business | ||||||
4 | official. | ||||||
5 | The chief school business official endorsement on | ||||||
6 | an Educator License with Stipulations is valid until | ||||||
7 | June 30 immediately following 5 years of the | ||||||
8 | endorsement being issued and may be renewed if the | ||||||
9 | license holder completes renewal requirements as | ||||||
10 | required for individuals who hold a Professional | ||||||
11 | Educator License endorsed for chief school business | ||||||
12 | official under Section 21B-45 of this Code and such | ||||||
13 | rules as may be adopted by the State Board of | ||||||
14 | Education. | ||||||
15 | The State Board of Education shall adopt any rules | ||||||
16 | necessary to implement Public Act 100-288. | ||||||
17 | (L) Provisional in-state educator. A provisional | ||||||
18 | in-state educator endorsement on an Educator License | ||||||
19 | with Stipulations may be issued to a candidate who has | ||||||
20 | completed an Illinois-approved educator preparation | ||||||
21 | program at an Illinois institution of higher education | ||||||
22 | and who has not successfully completed an | ||||||
23 | evidence-based assessment of teacher effectiveness but | ||||||
24 | who meets all of the following requirements: | ||||||
25 | (i) Holds at least a bachelor's degree. | ||||||
26 | (ii) Has completed an approved educator |
| |||||||
| |||||||
1 | preparation program at an Illinois institution. | ||||||
2 | (iii) Has passed an applicable content area | ||||||
3 | test, as required by Section 21B-30 of this Code. | ||||||
4 | (iv) Has attempted an evidence-based | ||||||
5 | assessment of teacher effectiveness and received a | ||||||
6 | minimum score on that assessment, as established | ||||||
7 | by the State Board of Education in consultation | ||||||
8 | with the State Educator Preparation and Licensure | ||||||
9 | Board. | ||||||
10 | A provisional in-state educator endorsement on an | ||||||
11 | Educator License with Stipulations is valid for one | ||||||
12 | full fiscal year after the date of issuance and may not | ||||||
13 | be renewed. | ||||||
14 | (M) (Blank). | ||||||
15 | (N) Specialized services. A specialized services | ||||||
16 | endorsement on an Educator License with Stipulations | ||||||
17 | may be issued as defined and specified by rule. | ||||||
18 | (3) Substitute Teaching License. A Substitute Teaching | ||||||
19 | License may be issued to qualified applicants for | ||||||
20 | substitute teaching in all grades of the public schools, | ||||||
21 | prekindergarten through grade 12. Substitute Teaching | ||||||
22 | Licenses are not eligible for endorsements. Applicants for | ||||||
23 | a Substitute Teaching License must hold a bachelor's | ||||||
24 | degree or higher from a regionally accredited institution | ||||||
25 | of higher education. | ||||||
26 | Substitute Teaching Licenses are valid for 5 years. |
| |||||||
| |||||||
1 | Substitute Teaching Licenses are valid for substitute | ||||||
2 | teaching in every county of this State. If an individual | ||||||
3 | has had his or her Professional Educator License or | ||||||
4 | Educator License with Stipulations suspended or revoked, | ||||||
5 | then that individual is not eligible to obtain a | ||||||
6 | Substitute Teaching License. | ||||||
7 | A substitute teacher may only teach in the place of a | ||||||
8 | licensed teacher who is under contract with the employing | ||||||
9 | board. If, however, there is no licensed teacher under | ||||||
10 | contract because of an emergency situation, then a | ||||||
11 | district may employ a substitute teacher for no longer | ||||||
12 | than 30 calendar days per each vacant position in the | ||||||
13 | district if the district notifies the appropriate regional | ||||||
14 | office of education within 5 business days after the | ||||||
15 | employment of the substitute teacher in the emergency | ||||||
16 | situation. An emergency situation is one in which an | ||||||
17 | unforeseen vacancy has occurred and (i) a teacher is | ||||||
18 | unable to fulfill his or her contractual duties or (ii) | ||||||
19 | teacher capacity needs of the district exceed previous | ||||||
20 | indications, and the district is actively engaged in | ||||||
21 | advertising to hire a fully licensed teacher for the | ||||||
22 | vacant position. | ||||||
23 | There is no limit on the number of days that a | ||||||
24 | substitute teacher may teach in a single school district, | ||||||
25 | provided that no substitute teacher may teach for longer | ||||||
26 | than 90 school days for any one licensed teacher under |
| |||||||
| |||||||
1 | contract in the same school year. A substitute teacher who | ||||||
2 | holds a Professional Educator License or Educator License | ||||||
3 | with Stipulations shall not teach for more than 120 school | ||||||
4 | days for any one licensed teacher under contract in the | ||||||
5 | same school year. The limitations in this paragraph (3) on | ||||||
6 | the number of days a substitute teacher may be employed do | ||||||
7 | not apply to any school district operating under Article | ||||||
8 | 34 of this Code. | ||||||
9 | A school district may not require an individual who | ||||||
10 | holds a valid Professional Educator License or Educator | ||||||
11 | License with Stipulations to seek or hold a Substitute | ||||||
12 | Teaching License to teach as a substitute teacher. | ||||||
13 | (4) Short-Term Substitute Teaching License. Beginning | ||||||
14 | on July 1, 2018 and until June 30, 2023, the State Board of | ||||||
15 | Education may issue a Short-Term Substitute Teaching | ||||||
16 | License. A Short-Term Substitute Teaching License may be | ||||||
17 | issued to a qualified applicant for substitute teaching in | ||||||
18 | all grades of the public schools, prekindergarten through | ||||||
19 | grade 12. Short-Term Substitute Teaching Licenses are not | ||||||
20 | eligible for endorsements. Applicants for a Short-Term | ||||||
21 | Substitute Teaching License must hold an associate's | ||||||
22 | degree or have completed at least 60 credit hours from a | ||||||
23 | regionally accredited institution of higher education. | ||||||
24 | Short-Term Substitute Teaching Licenses are valid for | ||||||
25 | substitute teaching in every county of this State. If an | ||||||
26 | individual has had his or her Professional Educator |
| |||||||
| |||||||
1 | License or Educator License with Stipulations suspended or | ||||||
2 | revoked, then that individual is not eligible to obtain a | ||||||
3 | Short-Term Substitute Teaching License. | ||||||
4 | The provisions of Sections 10-21.9 and 34-18.5 of this | ||||||
5 | Code apply to short-term substitute teachers. | ||||||
6 | An individual holding a Short-Term Substitute Teaching | ||||||
7 | License may teach no more than 5 consecutive days per | ||||||
8 | licensed teacher who is under contract. For teacher | ||||||
9 | absences lasting 6 or more days per licensed teacher who | ||||||
10 | is under contract, a school district may not hire an | ||||||
11 | individual holding a Short-Term Substitute Teaching | ||||||
12 | License. An individual holding a Short-Term Substitute | ||||||
13 | Teaching License must complete the training program under | ||||||
14 | Section 10-20.67 or 34-18.60 of this Code to be eligible | ||||||
15 | to teach at a public school. This paragraph (4) is | ||||||
16 | inoperative on and after July 1, 2023.
| ||||||
17 | (Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; | ||||||
18 | 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. | ||||||
19 | 9-3-18; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, | ||||||
20 | eff. 8-7-19; 101-594, eff. 12-5-19; 101-643, eff. 6-18-20.) | ||||||
21 | (105 ILCS 5/22-81) | ||||||
22 | Sec. 22-81. Heroin and opioid prevention pilot program. | ||||||
23 | The By January 1, 2017, the State Board of Education and the | ||||||
24 | Department of Human Services shall develop and establish a | ||||||
25 | 3-year heroin and opioid drug prevention pilot program that |
| |||||||
| |||||||
1 | offers educational materials and instruction on heroin and | ||||||
2 | opioid abuse to all school districts in the State for use at | ||||||
3 | their respective public elementary and secondary schools. A | ||||||
4 | school district's participation in the pilot program shall be | ||||||
5 | voluntary. Subject to appropriation, the Department of Human | ||||||
6 | Services shall reimburse a school district that decides to | ||||||
7 | participate in the pilot program for any costs it incurs in | ||||||
8 | connection with its participation in the pilot program. Each | ||||||
9 | school district that participates in the pilot program shall | ||||||
10 | have the discretion to determine which grade levels the school | ||||||
11 | district will instruct under the program. | ||||||
12 | The pilot program must use effective, research-proven, | ||||||
13 | interactive teaching methods and technologies, and must | ||||||
14 | provide students, parents, and school staff with scientific, | ||||||
15 | social, and emotional learning content to help them understand | ||||||
16 | the risk of drug use. Such learning content must specifically | ||||||
17 | target the dangers of prescription pain medication and heroin | ||||||
18 | abuse. The Department may contract with a health education | ||||||
19 | organization to fulfill the requirements of the pilot program. | ||||||
20 | The State Board of Education, the Department of Human | ||||||
21 | Services, and any contracted organization shall submit an | ||||||
22 | annual report to the General Assembly that includes: (i) a | ||||||
23 | list of school districts participating in the pilot program; | ||||||
24 | (ii) the grade levels each school district instructs under the | ||||||
25 | pilot program; and (iii) any findings regarding the | ||||||
26 | effectiveness of the pilot program.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.) | ||||||
2 | (105 ILCS 5/27-23.12) | ||||||
3 | Sec. 27-23.12. Emotional Intelligence and Social and | ||||||
4 | Emotional Learning Task Force. The Emotional Intelligence and | ||||||
5 | Social and Emotional Learning Task Force is created to develop | ||||||
6 | curriculum and assessment guidelines and best practices on | ||||||
7 | emotional intelligence and social and emotional learning, | ||||||
8 | including strategies and instruction to address the needs of | ||||||
9 | students with anger management issues. The Task Force shall | ||||||
10 | consist of the State Superintendent of Education or his or her | ||||||
11 | designee and all of the following members, appointed by the | ||||||
12 | State Superintendent: | ||||||
13 | (1) A representative of a school district organized | ||||||
14 | under Article 34 of this Code. | ||||||
15 | (2) A representative of a statewide organization | ||||||
16 | representing school boards. | ||||||
17 | (3) A representative of a statewide organization | ||||||
18 | representing individuals holding professional educator | ||||||
19 | licenses with school support personnel endorsements under | ||||||
20 | Article 21B of this Code, including school social workers, | ||||||
21 | school psychologists, and school nurses. | ||||||
22 | (4) A representative of a statewide organization | ||||||
23 | representing children's mental health experts. | ||||||
24 | (5) A representative of a statewide organization | ||||||
25 | representing school principals. |
| |||||||
| |||||||
1 | (6) An employee of a school under Article 13A of this | ||||||
2 | Code. | ||||||
3 | (7) A school psychologist employed by a school | ||||||
4 | district in Cook County. | ||||||
5 | (8) Representatives of other appropriate State | ||||||
6 | agencies, as determined by the State Superintendent. | ||||||
7 | Members appointed by the State Superintendent shall serve | ||||||
8 | without compensation but shall be reimbursed for their | ||||||
9 | reasonable and necessary expenses from funds appropriated to | ||||||
10 | the State Board of Education for that purpose, including | ||||||
11 | travel, subject to the rules of the appropriate travel control | ||||||
12 | board. The Task Force shall meet at the call of the State | ||||||
13 | Superintendent. The State Board of Education shall provide | ||||||
14 | administrative and other support to the Task Force. | ||||||
15 | The Task Force shall develop age-appropriate, emotional | ||||||
16 | intelligence and social and emotional learning curriculum and | ||||||
17 | assessment guidelines and best practices for elementary | ||||||
18 | schools and high schools. The guidelines shall, at a minimum, | ||||||
19 | include teaching how to recognize, direct, and positively | ||||||
20 | express emotions. The Task Force must also make | ||||||
21 | recommendations on the funding of appropriate services and the | ||||||
22 | availability of sources of funding, including, but not limited | ||||||
23 | to, federal funding, to address social and emotional learning. | ||||||
24 | The Task Force shall complete the guidelines and | ||||||
25 | recommendations on or before March 1, 2020. Upon completion of | ||||||
26 | the guidelines and recommendations the Task Force is |
| |||||||
| |||||||
1 | dissolved.
| ||||||
2 | (Source: P.A. 100-1139, eff. 11-28-18; 101-81, eff. 7-12-19; | ||||||
3 | 101-498, eff. 6-1-20 .)
| ||||||
4 | (105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
| ||||||
5 | Sec. 34-1.1. Definitions. As used in this Article:
| ||||||
6 | "Academic Accountability Council" means the Chicago | ||||||
7 | Schools Academic
Accountability Council created under Section | ||||||
8 | 34-3.4.
| ||||||
9 | "Local School Council" means a local school council | ||||||
10 | established
under Section 34-2.1.
| ||||||
11 | "School" and "attendance center" are used interchangeably | ||||||
12 | to mean any
attendance center operated pursuant to this | ||||||
13 | Article and under the direction
of one principal.
| ||||||
14 | "Secondary Attendance Center" means a school which has | ||||||
15 | students enrolled
in grades 9 through 12 (although it may also | ||||||
16 | have students enrolled
in grades below grade 9).
| ||||||
17 | "Local Attendance Area School" means a school which has a | ||||||
18 | local
attendance area established by the board.
| ||||||
19 | "Multi-area school" means a school other than a local | ||||||
20 | attendance area school.
| ||||||
21 | "Contract school" means an attendance center managed and | ||||||
22 | operated by a for-profit or not-for-profit private entity | ||||||
23 | retained by the board to provide instructional and other | ||||||
24 | services to a majority of the pupils enrolled in the | ||||||
25 | attendance center. |
| |||||||
| |||||||
1 | "Contract turnaround school" means an experimental | ||||||
2 | contract school created by the board to implement alternative | ||||||
3 | governance in an attendance center subject to restructuring or | ||||||
4 | similar intervention. | ||||||
5 | "Parent" means a parent or legal guardian of an enrolled | ||||||
6 | student of an
attendance center.
| ||||||
7 | "Community resident" means a person, 18 years of age or | ||||||
8 | older,
residing within an attendance area served by a school,
| ||||||
9 | excluding any person who is a parent of a student enrolled in | ||||||
10 | that
school; provided that with respect to any multi-area | ||||||
11 | school, community
resident means any person, 18 years of age | ||||||
12 | or older, residing within the
voting district established for | ||||||
13 | that school pursuant to Section 34-2.1c,
excluding any person | ||||||
14 | who is a parent of a student enrolled in that school.
| ||||||
15 | "School staff" means all licensed and nonlicensed | ||||||
16 | certificated and uncertificated school
personnel, including | ||||||
17 | all teaching and administrative staff (other than the
| ||||||
18 | principal) and including all custodial, food service and other | ||||||
19 | civil
service employees, who are employed at and assigned to | ||||||
20 | perform the majority
of their employment duties at one | ||||||
21 | attendance center served by the same
local school council.
| ||||||
22 | "Regular meetings" means the meeting dates established by | ||||||
23 | the local
school council at its annual organizational meeting.
| ||||||
24 | (Source: P.A. 100-1046, eff. 8-23-18.)
| ||||||
25 | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
|
| |||||||
| |||||||
1 | Sec. 34-2.3. Local school councils; powers and duties. | ||||||
2 | Each local school
council shall have and exercise, consistent | ||||||
3 | with the provisions of
this Article and the powers and duties | ||||||
4 | of
the board of education, the following powers and duties:
| ||||||
5 | 1. (A) To annually evaluate the performance of the | ||||||
6 | principal of the
attendance
center
using a Board approved | ||||||
7 | principal evaluation form, which shall include the
evaluation | ||||||
8 | of
(i) student academic improvement, as defined by the
school | ||||||
9 | improvement plan, (ii)
student absenteeism rates
at the | ||||||
10 | school, (iii) instructional leadership, (iv) the effective
| ||||||
11 | implementation of
programs, policies, or strategies to improve | ||||||
12 | student academic achievement,
(v) school management, and (vi) | ||||||
13 | any other factors deemed relevant by the local
school council, | ||||||
14 | including, without limitation, the principal's communication
| ||||||
15 | skills and ability to create and maintain a student-centered | ||||||
16 | learning
environment, to develop opportunities for | ||||||
17 | professional development, and to
encourage parental | ||||||
18 | involvement and community partnerships to achieve school
| ||||||
19 | improvement;
| ||||||
20 | (B) to determine in the manner provided by subsection (c) | ||||||
21 | of Section
34-2.2 and subdivision 1.5 of this Section whether | ||||||
22 | the performance contract
of the principal shall be
renewed; | ||||||
23 | and
| ||||||
24 | (C) to directly select, in the manner provided by
| ||||||
25 | subsection (c) of
Section 34-2.2, a new principal (including a | ||||||
26 | new principal to fill a
vacancy)
-- without submitting any |
| |||||||
| |||||||
1 | list of candidates for that position to the
general | ||||||
2 | superintendent as provided in paragraph 2 of this Section -- | ||||||
3 | to
serve under a 4 year performance contract; provided that | ||||||
4 | (i) the determination
of whether the principal's performance | ||||||
5 | contract is to be renewed, based upon
the evaluation required | ||||||
6 | by subdivision 1.5 of this Section, shall be made no
later than | ||||||
7 | 150 days prior to the expiration of the current | ||||||
8 | performance-based
contract of the principal, (ii) in cases | ||||||
9 | where such performance
contract is not renewed -- a
direct | ||||||
10 | selection
of a
new principal -- to serve under a 4 year | ||||||
11 | performance contract shall be made by
the local school council | ||||||
12 | no later than 45 days prior to the expiration of the
current | ||||||
13 | performance contract of the principal, and (iii) a
selection | ||||||
14 | by
the local school council of a new principal to fill a | ||||||
15 | vacancy under a 4 year
performance contract shall be made | ||||||
16 | within 90 days after the date such vacancy
occurs. A Council | ||||||
17 | shall be required, if requested by the principal, to provide
| ||||||
18 | in writing the reasons for the council's not renewing the | ||||||
19 | principal's contract.
| ||||||
20 | 1.5. The local school council's determination of whether | ||||||
21 | to renew the
principal's contract shall be based on an | ||||||
22 | evaluation to assess the educational
and administrative | ||||||
23 | progress made at the school during the principal's current
| ||||||
24 | performance-based contract. The local school council shall | ||||||
25 | base its evaluation
on (i) student academic improvement, as | ||||||
26 | defined by the school improvement plan,
(ii) student |
| |||||||
| |||||||
1 | absenteeism rates at the school, (iii) instructional | ||||||
2 | leadership,
(iv) the effective implementation of programs, | ||||||
3 | policies, or strategies to
improve student academic | ||||||
4 | achievement, (v) school management, and (vi) any
other factors | ||||||
5 | deemed relevant by the local school council, including, | ||||||
6 | without
limitation, the principal's communication skills and | ||||||
7 | ability to create and
maintain a student-centered learning | ||||||
8 | environment, to develop opportunities for
professional | ||||||
9 | development, and to encourage parental involvement and | ||||||
10 | community
partnerships to achieve school improvement. If a | ||||||
11 | local school council
fails to renew the performance contract | ||||||
12 | of a principal rated by the general
superintendent, or his or | ||||||
13 | her designee, in the previous years' evaluations as
meeting or | ||||||
14 | exceeding expectations, the principal, within 15 days after | ||||||
15 | the
local school council's decision not to renew the contract, | ||||||
16 | may request a review
of the
local school council's principal | ||||||
17 | non-retention decision by a hearing officer
appointed by the | ||||||
18 | American Arbitration Association. A local school council
| ||||||
19 | member or members or the general superintendent may support | ||||||
20 | the principal's
request for review.
During the period of the | ||||||
21 | hearing officer's review of the local school
council's | ||||||
22 | decision on
whether or not to retain the principal, the local | ||||||
23 | school council shall maintain
all authority
to search for and | ||||||
24 | contract with a person to serve
as interim or acting
| ||||||
25 | principal, or as the
principal of the attendance center under | ||||||
26 | a 4-year performance contract,
provided that any performance |
| |||||||
| |||||||
1 | contract entered into by the local school council
shall be | ||||||
2 | voidable
or
modified in accordance with the decision of the | ||||||
3 | hearing officer.
The principal may request review only once | ||||||
4 | while at that
attendance center. If a local school council | ||||||
5 | renews the contract of a
principal who failed to obtain a | ||||||
6 | rating of "meets" or "exceeds expectations" in
the general | ||||||
7 | superintendent's evaluation for the previous year, the general | ||||||
8 | superintendent,
within 15
days after the local
school | ||||||
9 | council's decision to renew the contract,
may request a review | ||||||
10 | of
the local school council's principal retention decision by | ||||||
11 | a hearing officer
appointed by the American Arbitration | ||||||
12 | Association. The general superintendent may request a review | ||||||
13 | only
once
for that principal at that attendance center. All | ||||||
14 | requests to review the
retention or non-retention of a | ||||||
15 | principal shall be submitted to the general
superintendent, | ||||||
16 | who shall, in turn, forward such requests, within 14 days of
| ||||||
17 | receipt, to the American Arbitration Association.
The general | ||||||
18 | superintendent shall send a contemporaneous copy of the | ||||||
19 | request
that was forwarded to the American Arbitration | ||||||
20 | Association to the principal and
to each local school council | ||||||
21 | member and shall inform the local school council
of its rights | ||||||
22 | and responsibilities under the arbitration process, including | ||||||
23 | the
local school council's right to representation and the | ||||||
24 | manner and process by
which the Board shall pay the costs of | ||||||
25 | the council's representation.
If the local school council | ||||||
26 | retains the
principal and the general superintendent requests |
| |||||||
| |||||||
1 | a review of the retention
decision, the local school council | ||||||
2 | and the general
superintendent shall be considered parties to | ||||||
3 | the arbitration, a hearing officer shall
be
chosen between | ||||||
4 | those 2
parties pursuant to procedures promulgated by the | ||||||
5 | State Board of Education,
and the principal may retain counsel | ||||||
6 | and participate in the arbitration. If the local school | ||||||
7 | council does not retain the principal and
the principal | ||||||
8 | requests a review of the retention decision, the local school
| ||||||
9 | council and the principal shall be considered parties to the
| ||||||
10 | arbitration and a hearing
officer shall be chosen between | ||||||
11 | those 2 parties pursuant to procedures
promulgated by the | ||||||
12 | State Board of Education.
The hearing shall begin (i)
within | ||||||
13 | 45 days
after the initial request for review is submitted by | ||||||
14 | the principal to the
general superintendent or (ii) if the
| ||||||
15 | initial request for
review is made by the general | ||||||
16 | superintendent, within 45 days after that request
is mailed
to | ||||||
17 | the American Arbitration Association.
The hearing officer | ||||||
18 | shall render a
decision within 45
days after the hearing | ||||||
19 | begins and within 90 days after the initial request
for | ||||||
20 | review.
The Board shall contract with the American
Arbitration | ||||||
21 | Association for all of the hearing officer's reasonable and
| ||||||
22 | necessary costs. In addition, the Board shall pay any | ||||||
23 | reasonable costs
incurred by a local school council for | ||||||
24 | representation before a hearing
officer.
| ||||||
25 | 1.10. The hearing officer shall conduct a hearing, which | ||||||
26 | shall include (i)
a review of the principal's performance, |
| |||||||
| |||||||
1 | evaluations, and other evidence of
the principal's service at | ||||||
2 | the school, (ii) reasons provided by the local
school council | ||||||
3 | for its decision, and (iii) documentation evidencing views of
| ||||||
4 | interested persons, including,
without limitation, students, | ||||||
5 | parents, local school council members, school
faculty and | ||||||
6 | staff, the principal, the general superintendent or his or her
| ||||||
7 | designee, and members of the community. The burden of proof in | ||||||
8 | establishing
that the local school council's decision was | ||||||
9 | arbitrary and capricious shall be
on the party requesting the | ||||||
10 | arbitration, and this party shall sustain the
burden by a | ||||||
11 | preponderance of the evidence.
The hearing officer shall set | ||||||
12 | the
local school council decision aside if that decision, in | ||||||
13 | light of the record
developed at the hearing, is arbitrary and | ||||||
14 | capricious. The decision of the
hearing officer may not be | ||||||
15 | appealed to the Board or the State Board of
Education. If the | ||||||
16 | hearing officer decides that the principal shall be
retained, | ||||||
17 | the retention period shall not exceed 2 years.
| ||||||
18 | 2. In the event (i) the local school council does not renew | ||||||
19 | the
performance contract of the principal, or the principal | ||||||
20 | fails to receive a
satisfactory rating as provided in | ||||||
21 | subsection (h) of Section 34-8.3,
or the principal is
removed | ||||||
22 | for cause during the term of his or her performance contract
in | ||||||
23 | the manner provided by Section 34-85, or a vacancy in the | ||||||
24 | position
of principal otherwise occurs prior to the expiration | ||||||
25 | of the term of
a principal's performance contract, and (ii) | ||||||
26 | the local school council
fails to directly select a new |
| |||||||
| |||||||
1 | principal to serve under a 4 year performance
contract,
the | ||||||
2 | local school council in such event shall submit to the general
| ||||||
3 | superintendent a list of 3 candidates -- listed in the local | ||||||
4 | school
council's order of preference -- for the position of | ||||||
5 | principal, one of
which shall be selected by the general | ||||||
6 | superintendent to serve as
principal of the attendance center. | ||||||
7 | If the general superintendent
fails or refuses to select one | ||||||
8 | of the candidates on the list to serve as
principal within 30 | ||||||
9 | days after being furnished with the candidate list,
the | ||||||
10 | general superintendent shall select and place a principal on | ||||||
11 | an interim
basis (i) for a period not to exceed one year or | ||||||
12 | (ii) until the local school
council selects a new principal | ||||||
13 | with 7 affirmative votes as
provided in subsection (c) of | ||||||
14 | Section 34-2.2, whichever occurs first. If the
local school | ||||||
15 | council
fails or refuses to select and appoint a new | ||||||
16 | principal, as specified by
subsection (c) of Section 34-2.2, | ||||||
17 | the general superintendent may select and
appoint a new | ||||||
18 | principal on an interim basis for
an additional year or until a | ||||||
19 | new contract principal is selected by the local
school | ||||||
20 | council. There shall be no discrimination on the basis of
| ||||||
21 | race, sex, creed, color or
disability unrelated to ability to | ||||||
22 | perform in
connection with the submission of candidates for, | ||||||
23 | and the selection of a
candidate to serve as principal of an | ||||||
24 | attendance center. No person shall
be directly selected, | ||||||
25 | listed as a candidate for, or selected to serve as
principal of | ||||||
26 | an attendance center (i) if such person has been removed for |
| |||||||
| |||||||
1 | cause
from employment by the Board or (ii) if such person does | ||||||
2 | not hold a valid
Professional Educator License administrative | ||||||
3 | certificate issued or exchanged under Article 21B 21 and
| ||||||
4 | endorsed as required by that Article for the position of | ||||||
5 | principal. A
principal whose performance contract is not | ||||||
6 | renewed as provided under
subsection (c) of Section 34-2.2 may | ||||||
7 | nevertheless, if otherwise qualified
and licensed certified as | ||||||
8 | herein provided
and if he or she has received a satisfactory | ||||||
9 | rating as provided in subsection
(h) of Section 34-8.3, be | ||||||
10 | included by a local school council as
one of the 3 candidates | ||||||
11 | listed in order of preference on any candidate list
from which | ||||||
12 | one person is to be selected to serve as principal of the
| ||||||
13 | attendance center under a new performance contract. The | ||||||
14 | initial candidate
list required to be submitted by a local | ||||||
15 | school council to the general
superintendent in cases where | ||||||
16 | the local school council does not renew the
performance | ||||||
17 | contract of its principal and does not directly select a new
| ||||||
18 | principal to serve under a 4 year performance contract shall | ||||||
19 | be submitted
not later than
30 days prior to the expiration of | ||||||
20 | the current performance contract. In
cases where the local | ||||||
21 | school council fails or refuses to submit the candidate
list | ||||||
22 | to the general superintendent no later than 30 days prior to | ||||||
23 | the
expiration of the incumbent principal's contract, the | ||||||
24 | general superintendent
may
appoint a principal on an interim | ||||||
25 | basis for a period not to exceed one year,
during which time | ||||||
26 | the local school council shall be able to select a new
|
| |||||||
| |||||||
1 | principal with 7 affirmative votes as provided in subsection | ||||||
2 | (c) of Section
34-2.2. In cases where a principal is removed | ||||||
3 | for cause or a
vacancy otherwise occurs in the position of | ||||||
4 | principal and the vacancy is
not filled by direct selection by | ||||||
5 | the local school council, the candidate
list shall be | ||||||
6 | submitted by the local school council to the general
| ||||||
7 | superintendent within 90 days after the date such
removal or
| ||||||
8 | vacancy occurs.
In cases where the local school council fails | ||||||
9 | or refuses to submit the
candidate list to the general | ||||||
10 | superintendent within 90 days after the date of
the vacancy, | ||||||
11 | the general superintendent may appoint a principal on an | ||||||
12 | interim
basis for a period of one year, during which time the | ||||||
13 | local school council
shall be able to select a new principal | ||||||
14 | with 7 affirmative votes as provided in
subsection (c) of | ||||||
15 | Section 34-2.2.
| ||||||
16 | 2.5. Whenever a vacancy in the office of a principal | ||||||
17 | occurs for any reason,
the vacancy shall be filled in the | ||||||
18 | manner provided by this Section by the
selection of a new | ||||||
19 | principal to serve under a 4 year performance contract.
| ||||||
20 | 3. To establish additional criteria
to be included as part | ||||||
21 | of
the
performance contract of its principal, provided that | ||||||
22 | such additional
criteria shall not discriminate on the basis | ||||||
23 | of race, sex, creed, color
or
disability unrelated to ability | ||||||
24 | to perform, and shall not be inconsistent
with the uniform 4 | ||||||
25 | year performance contract for principals developed by
the | ||||||
26 | board as provided in Section 34-8.1 of the School Code
or with |
| |||||||
| |||||||
1 | other provisions of this Article governing the
authority and | ||||||
2 | responsibility of principals.
| ||||||
3 | 4. To approve the expenditure plan prepared by the | ||||||
4 | principal with
respect to all funds allocated and distributed | ||||||
5 | to the attendance center by
the Board. The expenditure plan | ||||||
6 | shall be administered by the principal.
Notwithstanding any | ||||||
7 | other provision of this Act or any other law, any
expenditure | ||||||
8 | plan approved and
administered under this Section 34-2.3 shall | ||||||
9 | be consistent with and subject to
the terms of any contract for | ||||||
10 | services with a third party entered into by the
Chicago School | ||||||
11 | Reform Board of Trustees or the board under this Act.
| ||||||
12 | Via a supermajority vote of 8 members of a local school | ||||||
13 | council enrolling students through the 8th grade or 9
members | ||||||
14 | of a local school council at a secondary attendance center or | ||||||
15 | an attendance center enrolling students in grades 7 through | ||||||
16 | 12, the Council may transfer
allocations pursuant to Section | ||||||
17 | 34-2.3 within funds; provided that such a
transfer is | ||||||
18 | consistent with applicable law and
collective bargaining
| ||||||
19 | agreements.
| ||||||
20 | Beginning in fiscal year 1991 and in each fiscal year
| ||||||
21 | thereafter, the
Board may reserve up to 1% of its total fiscal | ||||||
22 | year budget for
distribution
on a prioritized basis to schools | ||||||
23 | throughout the school system in order to
assure adequate | ||||||
24 | programs to meet the needs of
special student populations as | ||||||
25 | determined by the Board. This distribution
shall take into | ||||||
26 | account the needs catalogued in the Systemwide Plan and the
|
| |||||||
| |||||||
1 | various local school improvement plans of the local school | ||||||
2 | councils.
Information about these centrally funded programs | ||||||
3 | shall be distributed to
the local school councils so that | ||||||
4 | their subsequent planning and programming
will account for | ||||||
5 | these provisions.
| ||||||
6 | Beginning in fiscal year 1991 and in each fiscal year | ||||||
7 | thereafter, from
other amounts available in the applicable | ||||||
8 | fiscal year budget, the board
shall allocate a lump sum amount | ||||||
9 | to each local school based upon
such formula as the board shall | ||||||
10 | determine taking into account the special needs
of the student | ||||||
11 | body. The local school
principal shall develop an expenditure | ||||||
12 | plan in consultation with the local
school council, the | ||||||
13 | professional personnel leadership
committee and with all
other | ||||||
14 | school personnel, which reflects the
priorities and activities | ||||||
15 | as described in the school's local school
improvement plan and | ||||||
16 | is consistent with applicable law and collective
bargaining | ||||||
17 | agreements and with board policies and standards; however, the
| ||||||
18 | local school council shall have the right to request waivers | ||||||
19 | of board policy
from the board of education and waivers of | ||||||
20 | employee collective bargaining
agreements pursuant to Section | ||||||
21 | 34-8.1a.
| ||||||
22 | The expenditure plan developed by the principal with | ||||||
23 | respect to
amounts available from the fund for prioritized | ||||||
24 | special needs programs
and the allocated lump sum amount must | ||||||
25 | be approved by the local school council.
| ||||||
26 | The lump sum allocation shall take into account the
|
| |||||||
| |||||||
1 | following principles:
| ||||||
2 | a. Teachers: Each school shall be allocated funds | ||||||
3 | equal to the
amount appropriated in the previous school | ||||||
4 | year for compensation for
teachers (regular grades | ||||||
5 | kindergarten through 12th grade) plus whatever
increases | ||||||
6 | in compensation have been negotiated contractually or | ||||||
7 | through
longevity as provided in the negotiated agreement. | ||||||
8 | Adjustments shall be
made due to layoff or reduction in | ||||||
9 | force, lack of funds or work, change in
subject | ||||||
10 | requirements, enrollment changes, or contracts with third
| ||||||
11 | parties for the performance of services or to rectify
any | ||||||
12 | inconsistencies with system-wide allocation formulas or | ||||||
13 | for other
legitimate reasons.
| ||||||
14 | b. Other personnel: Funds for other teacher licensed | ||||||
15 | and nonlicensed certificated and
uncertificated personnel | ||||||
16 | paid through non-categorical funds shall be
provided | ||||||
17 | according to system-wide formulas based on student | ||||||
18 | enrollment and
the special needs of the school as | ||||||
19 | determined by the Board.
| ||||||
20 | c. Non-compensation items: Appropriations for all | ||||||
21 | non-compensation items
shall be based on system-wide | ||||||
22 | formulas based on student enrollment and
on the special | ||||||
23 | needs of the school or factors related to the physical
| ||||||
24 | plant, including but not limited to textbooks, electronic | ||||||
25 | textbooks and the technological equipment necessary to | ||||||
26 | gain access to and use electronic textbooks, supplies, |
| |||||||
| |||||||
1 | electricity,
equipment, and routine maintenance.
| ||||||
2 | d. Funds for categorical programs: Schools shall | ||||||
3 | receive personnel
and funds based on, and shall use such | ||||||
4 | personnel and funds in accordance
with State and Federal | ||||||
5 | requirements applicable to each
categorical program
| ||||||
6 | provided to meet the special needs of the student body | ||||||
7 | (including but not
limited to, Federal Chapter I, | ||||||
8 | Bilingual, and Special Education).
| ||||||
9 | d.1. Funds for State Title I: Each school shall | ||||||
10 | receive
funds based on State and Board requirements | ||||||
11 | applicable to each State
Title I pupil provided to meet | ||||||
12 | the special needs of the student body. Each
school shall | ||||||
13 | receive the proportion of funds as provided in Section | ||||||
14 | 18-8 or 18-8.15 to
which they are entitled. These funds | ||||||
15 | shall be spent only with the
budgetary approval of the | ||||||
16 | Local School Council as provided in Section 34-2.3.
| ||||||
17 | e. The Local School Council shall have the right to | ||||||
18 | request the
principal to close positions and open new ones | ||||||
19 | consistent with the
provisions of the local school | ||||||
20 | improvement plan provided that these
decisions are | ||||||
21 | consistent with applicable law and
collective bargaining
| ||||||
22 | agreements. If a position is closed, pursuant to this | ||||||
23 | paragraph, the local
school shall have for its use the | ||||||
24 | system-wide average compensation for the
closed position.
| ||||||
25 | f. Operating within existing laws and
collective | ||||||
26 | bargaining agreements,
the local school council shall have |
| |||||||
| |||||||
1 | the right to direct the principal to
shift expenditures | ||||||
2 | within funds.
| ||||||
3 | g. (Blank).
| ||||||
4 | Any funds unexpended at the end of the fiscal year shall be | ||||||
5 | available to
the board of education for use as part of its | ||||||
6 | budget for the following
fiscal year.
| ||||||
7 | 5. To make recommendations to the principal concerning | ||||||
8 | textbook
selection and concerning curriculum developed | ||||||
9 | pursuant to the school
improvement plan which is consistent | ||||||
10 | with systemwide curriculum objectives
in accordance with | ||||||
11 | Sections 34-8 and 34-18 of the School Code and in
conformity | ||||||
12 | with the collective bargaining agreement.
| ||||||
13 | 6. To advise the principal concerning the attendance and
| ||||||
14 | disciplinary policies for the attendance center, subject to | ||||||
15 | the provisions
of this Article and Article 26, and consistent | ||||||
16 | with the uniform system of
discipline established by the board | ||||||
17 | pursuant to Section 34-19.
| ||||||
18 | 7. To approve a school improvement plan developed as | ||||||
19 | provided in Section
34-2.4. The process and schedule for plan | ||||||
20 | development shall be publicized
to the entire school | ||||||
21 | community, and the community shall be afforded the
opportunity | ||||||
22 | to make recommendations concerning the plan. At least twice a
| ||||||
23 | year the principal and
local
school council shall report | ||||||
24 | publicly on
progress and problems with respect to plan | ||||||
25 | implementation.
| ||||||
26 | 8. To evaluate the allocation of teaching resources and |
| |||||||
| |||||||
1 | other licensed and nonlicensed
certificated and uncertificated | ||||||
2 | staff to the attendance center to determine
whether such | ||||||
3 | allocation is consistent with and in furtherance of
| ||||||
4 | instructional objectives and school programs reflective of the | ||||||
5 | school
improvement plan adopted for the attendance center; and | ||||||
6 | to make
recommendations to the board, the general | ||||||
7 | superintendent
and the
principal concerning any reallocation | ||||||
8 | of teaching resources
or other staff whenever the council | ||||||
9 | determines that any such
reallocation is appropriate because | ||||||
10 | the qualifications of any existing
staff at the attendance | ||||||
11 | center do not adequately match or support
instructional | ||||||
12 | objectives or school programs which reflect the school
| ||||||
13 | improvement plan.
| ||||||
14 | 9. To make recommendations to the principal and the | ||||||
15 | general superintendent
concerning their respective | ||||||
16 | appointments, after August 31, 1989, and in the
manner | ||||||
17 | provided by Section 34-8 and Section 34-8.1,
of persons to | ||||||
18 | fill any vacant, additional or newly created
positions for | ||||||
19 | teachers at the attendance center or at attendance centers
| ||||||
20 | which include the attendance center served by the local school | ||||||
21 | council.
| ||||||
22 | 10. To request of the Board the manner in which training | ||||||
23 | and
assistance shall be provided to the local school council. | ||||||
24 | Pursuant to Board
guidelines a local school council is | ||||||
25 | authorized to direct
the Board of Education to contract with | ||||||
26 | personnel or not-for-profit
organizations not associated with |
| |||||||
| |||||||
1 | the school district to train or assist
council members. If | ||||||
2 | training or assistance is provided by contract with
personnel | ||||||
3 | or organizations not associated with the school district, the
| ||||||
4 | period of training or assistance shall not exceed 30 hours | ||||||
5 | during a given
school year; person shall not be employed on a | ||||||
6 | continuous basis longer than
said period and shall not have | ||||||
7 | been employed by the Chicago Board of
Education within the | ||||||
8 | preceding six months. Council members shall receive
training | ||||||
9 | in at least the following areas:
| ||||||
10 | 1. school budgets;
| ||||||
11 | 2. educational theory pertinent to the attendance | ||||||
12 | center's particular
needs, including the development of | ||||||
13 | the school improvement plan and the
principal's | ||||||
14 | performance contract; and
| ||||||
15 | 3. personnel selection.
| ||||||
16 | Council members shall, to the greatest extent possible, | ||||||
17 | complete such
training within 90 days of election.
| ||||||
18 | 11. In accordance with systemwide guidelines contained in | ||||||
19 | the
System-Wide Educational Reform Goals and Objectives Plan, | ||||||
20 | criteria for
evaluation of performance shall be established | ||||||
21 | for local school councils
and local school council members. If | ||||||
22 | a local school council persists in
noncompliance with | ||||||
23 | systemwide requirements, the Board may impose sanctions
and | ||||||
24 | take necessary corrective action, consistent with Section | ||||||
25 | 34-8.3.
| ||||||
26 | 12. Each local school council shall comply with the Open |
| |||||||
| |||||||
1 | Meetings Act and
the Freedom of Information Act. Each local | ||||||
2 | school council shall issue and
transmit to its school | ||||||
3 | community a detailed annual report accounting for
its | ||||||
4 | activities programmatically and financially. Each local school | ||||||
5 | council
shall convene at least 2 well-publicized meetings | ||||||
6 | annually with its entire
school community. These meetings | ||||||
7 | shall include presentation of the
proposed local school | ||||||
8 | improvement plan, of the proposed school expenditure
plan, and | ||||||
9 | the annual report, and shall provide an opportunity for public
| ||||||
10 | comment.
| ||||||
11 | 13. Each local school council is encouraged to involve | ||||||
12 | additional
non-voting members of the school community in | ||||||
13 | facilitating the council's
exercise of its responsibilities.
| ||||||
14 | 14. The local school council may adopt a school
uniform or | ||||||
15 | dress
code policy that governs the attendance center and that | ||||||
16 | is
necessary to maintain the orderly process of a school | ||||||
17 | function or prevent
endangerment of student health or safety, | ||||||
18 | consistent with the policies and
rules of the Board of | ||||||
19 | Education.
A school uniform or dress code policy adopted
by a | ||||||
20 | local school council: (i) shall not be applied in such manner | ||||||
21 | as to
discipline or deny attendance to a transfer student or | ||||||
22 | any other student for
noncompliance with that
policy during | ||||||
23 | such period of time as is reasonably necessary to enable the
| ||||||
24 | student to acquire a school uniform or otherwise comply with | ||||||
25 | the dress code
policy that is in effect at the attendance | ||||||
26 | center into which the student's
enrollment is transferred; |
| |||||||
| |||||||
1 | (ii) shall include criteria and procedures under
which the | ||||||
2 | local school council will accommodate the needs of or | ||||||
3 | otherwise
provide
appropriate resources to assist a student | ||||||
4 | from an indigent family in complying
with an applicable school | ||||||
5 | uniform or dress code policy; and (iii) shall not include or | ||||||
6 | apply to hairstyles, including hairstyles historically | ||||||
7 | associated with race, ethnicity, or hair texture, including, | ||||||
8 | but not limited to, protective hairstyles such as braids, | ||||||
9 | locks, and twists.
A student whose parents or legal guardians | ||||||
10 | object on religious grounds to the
student's compliance with | ||||||
11 | an applicable school uniform or dress code policy
shall not be | ||||||
12 | required to comply with that policy if the student's parents | ||||||
13 | or
legal guardians present to the local school council a | ||||||
14 | signed statement of
objection detailing the grounds for the | ||||||
15 | objection. If a local school council does not comply with the | ||||||
16 | requirements and prohibitions set forth in this paragraph 14, | ||||||
17 | the attendance center is subject to the penalty imposed | ||||||
18 | pursuant to subsection (a) of Section 2-3.25.
| ||||||
19 | 15. All decisions made and actions taken by the local | ||||||
20 | school council in
the exercise of its powers and duties shall | ||||||
21 | comply with State and federal
laws, all applicable collective | ||||||
22 | bargaining agreements, court orders and
rules properly | ||||||
23 | promulgated by the Board.
| ||||||
24 | 15a. To grant, in accordance with board rules and | ||||||
25 | policies,
the use of assembly halls and classrooms when not | ||||||
26 | otherwise needed,
including lighting, heat, and attendants, |
| |||||||
| |||||||
1 | for public lectures, concerts, and
other educational and | ||||||
2 | social activities.
| ||||||
3 | 15b. To approve, in accordance with board rules and | ||||||
4 | policies, receipts and
expenditures for all internal accounts | ||||||
5 | of the
attendance center, and to approve all fund-raising | ||||||
6 | activities by nonschool
organizations that use the school | ||||||
7 | building.
| ||||||
8 | 16. (Blank).
| ||||||
9 | 17. Names and addresses of local school council members | ||||||
10 | shall
be a matter of public record.
| ||||||
11 | (Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21.)
| ||||||
12 | (105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
| ||||||
13 | Sec. 34-2.4a. Professional personnel leadership committee.
| ||||||
14 | (a) At each
attendance center operated pursuant to this | ||||||
15 | Article, a professional
personnel leadership committee | ||||||
16 | consisting of (i) up to 7
members
elected each school year who | ||||||
17 | are licensed certified classroom teachers or
other licensed | ||||||
18 | certificated personnel, who are employed at the attendance
| ||||||
19 | center, and
who desire to be members of the committee
and (ii) | ||||||
20 | the 2 teacher members of the local school council. The teacher
| ||||||
21 | members of the local school council shall serve as co-chairs | ||||||
22 | of the
committee, or one teacher member of the local school | ||||||
23 | council chosen by
the committee shall serve as chair of the | ||||||
24 | committee.
The size of the committee shall be determined by | ||||||
25 | the licensed certified classroom
teachers and other licensed |
| |||||||
| |||||||
1 | certificated personnel at the attendance center,
including the | ||||||
2 | principal.
| ||||||
3 | (b) The purpose of the committee is to develop and | ||||||
4 | formally
present recommendations to the principal and the | ||||||
5 | local school council on
all matters of educational program, | ||||||
6 | including but not limited to
curriculum,
school improvement | ||||||
7 | plan development and implementation, and school
budgeting.
| ||||||
8 | (c) For the elected committee members, the principal
shall | ||||||
9 | convene a publicized meeting of all licensed certified | ||||||
10 | classroom teachers and
other licensed certificated personnel, | ||||||
11 | at which meeting those licensed certified classroom
teachers | ||||||
12 | and other licensed certificated personnel present, excluding | ||||||
13 | the principal,
shall elect members to serve
on the
committee. | ||||||
14 | A staff member eligible to vote
may vote for
the same number of | ||||||
15 | candidates in the election as the number of members to
be | ||||||
16 | elected, but votes shall not
be cumulated. Ties shall be | ||||||
17 | determined by lot. Vacancies shall be filled
in like manner.
| ||||||
18 | (d) All committee meetings shall be held before or after | ||||||
19 | school
with no loss of instructional time. Committee members | ||||||
20 | shall receive no
compensation for their activities as | ||||||
21 | committee members.
| ||||||
22 | (e) In furtherance of its purpose, the committee shall | ||||||
23 | have the
authority to gather information from school staff | ||||||
24 | through interviews, on
noninstructional time, without the | ||||||
25 | prior approval of the principal, the local
school council, the | ||||||
26 | board, the board's chief executive officer, or the chief
|
| |||||||
| |||||||
1 | executive officer's administrative staff.
| ||||||
2 | The committee shall meet once a month with the principal
| ||||||
3 | to make recommendations to the principal regarding the | ||||||
4 | specific
methods and contents of the school's curriculum and | ||||||
5 | to make other
educational
improvement recommendations approved | ||||||
6 | by the
committee. A report from the committee regarding these | ||||||
7 | matters may be
an agenda item at each regular meeting of the | ||||||
8 | local school council.
| ||||||
9 | The principal shall provide the committee with the | ||||||
10 | opportunity to
review and make recommendations regarding the | ||||||
11 | school improvement
plan and school budget. The teacher members | ||||||
12 | of the local school council
may bring motions concerning the | ||||||
13 | recommendations approved by the
committee, which motions shall | ||||||
14 | formally be considered at meetings of the local
school | ||||||
15 | council.
| ||||||
16 | (Source: P.A. 93-48, eff. 7-1-03.)
| ||||||
17 | (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
| ||||||
18 | Sec. 34-8.1. Principals. Principals shall be employed to | ||||||
19 | supervise the
operation of each attendance center. Their | ||||||
20 | powers and duties shall include
but not be limited to the | ||||||
21 | authority (i) to
direct, supervise, evaluate, and suspend with | ||||||
22 | or without pay or otherwise
discipline all teachers, assistant | ||||||
23 | principals, and other employees assigned to
the attendance | ||||||
24 | center in accordance with board rules and policies and (ii) to
| ||||||
25 | direct
all other persons assigned to the
attendance center |
| |||||||
| |||||||
1 | pursuant to a contract with a third party to provide services
| ||||||
2 | to the school system. The right to employ, discharge, and | ||||||
3 | layoff shall be
vested solely with the board, provided that | ||||||
4 | decisions to
discharge or suspend
nonlicensed non-certified | ||||||
5 | employees, including disciplinary layoffs, and the
termination | ||||||
6 | of licensed certified employees from employment pursuant to a | ||||||
7 | layoff
or reassignment policy are subject to review under the | ||||||
8 | grievance resolution
procedure adopted pursuant to subsection | ||||||
9 | (c) of Section 10 of the Illinois
Educational Labor Relations | ||||||
10 | Act. The grievance resolution procedure
adopted by the board | ||||||
11 | shall provide for final and binding arbitration, and,
| ||||||
12 | notwithstanding any other provision of law to the contrary, | ||||||
13 | the
arbitrator's decision may include all make-whole relief, | ||||||
14 | including without
limitation reinstatement. The principal | ||||||
15 | shall fill positions by
appointment as provided in this | ||||||
16 | Section and may make recommendations to the
board regarding | ||||||
17 | the employment, discharge, or layoff of any individual. The
| ||||||
18 | authority of the principal shall include the
authority to | ||||||
19 | direct the hours during which the attendance center
shall be | ||||||
20 | open and available for use provided the use complies with | ||||||
21 | board rules
and policies, to determine when and what | ||||||
22 | operations shall be conducted within
those hours, and to | ||||||
23 | schedule staff within those hours. Under the direction of, and | ||||||
24 | subject to the authority
of the principal, the Engineer In | ||||||
25 | Charge shall
be accountable for the safe, economical operation | ||||||
26 | of the plant and grounds
and shall also be responsible for |
| |||||||
| |||||||
1 | orientation, training,
and supervising the work of Engineers,
| ||||||
2 | Trainees, school maintenance assistants, custodial workers and | ||||||
3 | other plant
operation employees under his or her direction.
| ||||||
4 | There shall be established by the board a system of | ||||||
5 | semi-annual
evaluations conducted by the principal as to | ||||||
6 | performance of the engineer in charge. Nothing
in this Section | ||||||
7 | shall prevent the principal from conducting additional
| ||||||
8 | evaluations. An overall
numerical rating shall be given by the | ||||||
9 | principal based on the evaluation
conducted by the principal. | ||||||
10 | An unsatisfactory numerical rating shall result in
| ||||||
11 | disciplinary
action, which may include, without limitation and | ||||||
12 | in the judgment of the
principal, loss of
promotion
or bidding | ||||||
13 | procedure, reprimand, suspension with or without pay, or
| ||||||
14 | recommended dismissal. The board shall establish
procedures | ||||||
15 | for conducting the
evaluation
and reporting the results to the | ||||||
16 | engineer in charge.
| ||||||
17 | Under the direction of, and subject to the authority of, | ||||||
18 | the principal, the
Food Service Manager is responsible at
all | ||||||
19 | times for the proper operation and maintenance of the lunch | ||||||
20 | room to which
he is assigned and shall also be responsible for | ||||||
21 | the orientation, training, and
supervising the work of cooks, | ||||||
22 | bakers, porters,
and lunchroom attendants under his or
her | ||||||
23 | direction.
| ||||||
24 | There shall be established by the Board a system of | ||||||
25 | semi-annual
evaluations conducted by the principal as to the | ||||||
26 | performance of the food
service manager.
Nothing in this |
| |||||||
| |||||||
1 | Section shall prevent the principal from conducting
additional | ||||||
2 | evaluations. An overall numerical rating shall be given by the
| ||||||
3 | principal based on the
evaluation conducted by the principal. | ||||||
4 | An unsatisfactory numerical rating
shall
result in | ||||||
5 | disciplinary action which may include, without limitation and | ||||||
6 | in
the judgment of the principal, loss of promotion or bidding | ||||||
7 | procedure,
reprimand, suspension with or without pay, or | ||||||
8 | recommended dismissal. The board
shall establish rules for | ||||||
9 | conducting the evaluation and
reporting the results to the | ||||||
10 | food service manager.
| ||||||
11 | Nothing in this Section shall be interpreted to require | ||||||
12 | the employment or
assignment of an Engineer-In-Charge or a | ||||||
13 | Food Service Manager for each
attendance center.
| ||||||
14 | Principals shall be employed to supervise the educational | ||||||
15 | operation of
each attendance center. If a principal is absent | ||||||
16 | due to extended
illness or leave of absence, an assistant | ||||||
17 | principal may be assigned as
acting principal for a period not | ||||||
18 | to exceed 100 school days. Each principal
shall assume | ||||||
19 | administrative responsibility and instructional leadership, in
| ||||||
20 | accordance with reasonable rules and regulations of the board, | ||||||
21 | for the
planning, operation and evaluation of the educational | ||||||
22 | program of the
attendance center to which he is assigned. The | ||||||
23 | principal shall submit
recommendations to the general | ||||||
24 | superintendent concerning the appointment,
dismissal, | ||||||
25 | retention, promotion, and assignment of all personnel assigned | ||||||
26 | to
the attendance center; provided, that from and after |
| |||||||
| |||||||
1 | September 1, 1989: (i) if
any vacancy occurs in a position at | ||||||
2 | the
attendance center or if an additional or new position is | ||||||
3 | created at the attendance center, that position shall be | ||||||
4 | filled
by appointment made by the principal in accordance with | ||||||
5 | procedures
established and provided by the Board
whenever the | ||||||
6 | majority of the duties included in that position are to be
| ||||||
7 | performed at the attendance center which is under the | ||||||
8 | principal's supervision,
and each such appointment so made by | ||||||
9 | the principal
shall be made and based upon merit and ability to | ||||||
10 | perform in that position
without regard to seniority or length | ||||||
11 | of service, provided, that such
appointments shall be subject | ||||||
12 | to the Board's desegregation obligations,
including but not | ||||||
13 | limited to the Consent Decree and Desegregation Plan in
U.S. | ||||||
14 | v. Chicago Board of Education; (ii)
the principal shall submit | ||||||
15 | recommendations based upon merit and ability to
perform in the | ||||||
16 | particular position, without regard to
seniority or length of | ||||||
17 | service, to the general
superintendent
concerning the | ||||||
18 | appointment of any teacher, teacher aide, counselor, clerk,
| ||||||
19 | hall guard, security guard and any other personnel which is
to | ||||||
20 | be made by the general superintendent whenever less than
a | ||||||
21 | majority
of the duties of that teacher, teacher aide, | ||||||
22 | counselor, clerk, hall guard,
and security guard and any other | ||||||
23 | personnel are to be performed
at the attendance center which | ||||||
24 | is under the principal's supervision; and
(iii) subject to law | ||||||
25 | and the applicable collective bargaining agreements,
the | ||||||
26 | authority and responsibilities of a principal with respect to |
| |||||||
| |||||||
1 | the
evaluation of all teachers and other personnel assigned to | ||||||
2 | an attendance
center shall commence immediately upon his or | ||||||
3 | her appointment as principal
of the attendance center, without | ||||||
4 | regard to the length of time that he or
she has been the | ||||||
5 | principal of that attendance center.
| ||||||
6 | Notwithstanding the existence of any other law of this | ||||||
7 | State, nothing in
this Act shall prevent the board from | ||||||
8 | entering into a contract with a third
party for services | ||||||
9 | currently performed by any employee or bargaining unit
member.
| ||||||
10 | Notwithstanding any other provision of this Article, each | ||||||
11 | principal may
approve contracts, binding on the board, in the | ||||||
12 | amount of no more than $10,000,
if the contract is endorsed by | ||||||
13 | the Local School Council.
| ||||||
14 | Unless otherwise prohibited by law or by rule of the | ||||||
15 | board, the principal
shall provide to local
school council | ||||||
16 | members copies of all
internal audits and any other pertinent | ||||||
17 | information generated by any audits or
reviews of the programs | ||||||
18 | and operation of the attendance center.
| ||||||
19 | Each principal shall hold a valid Professional Educator | ||||||
20 | License administrative certificate issued or exchanged in | ||||||
21 | accordance with Article 21B 21 and endorsed
as required by | ||||||
22 | that Article for the position of principal. The board may
| ||||||
23 | establish or impose academic,
educational, examination, and | ||||||
24 | experience requirements and
criteria that are in addition
to | ||||||
25 | those established and required by Article 21B 21 for issuance | ||||||
26 | of a valid license
certificate endorsed for the position of |
| |||||||
| |||||||
1 | principal as a condition of the nomination, selection,
| ||||||
2 | appointment,
employment, or continued employment of a person | ||||||
3 | as principal of any
attendance center, or as a condition of the | ||||||
4 | renewal of any principal's
performance contract.
| ||||||
5 | The board shall specify in its formal job description for | ||||||
6 | principals,
and from and after July 1, 1990 shall specify in | ||||||
7 | the 4 year
performance contracts for use with respect to all | ||||||
8 | principals,
that his or her primary responsibility is in the | ||||||
9 | improvement of
instruction. A majority of the time spent by a | ||||||
10 | principal shall be spent on
curriculum and staff development | ||||||
11 | through both formal and informal
activities, establishing | ||||||
12 | clear lines of communication regarding school
goals, | ||||||
13 | accomplishments, practices and policies with parents and | ||||||
14 | teachers.
The principal, with the assistance of the local | ||||||
15 | school council, shall
develop a school improvement plan as | ||||||
16 | provided in Section 34-2.4 and, upon
approval of the plan by | ||||||
17 | the local school council, shall
be responsible for directing | ||||||
18 | implementation of the plan. The principal,
with the assistance | ||||||
19 | of the professional personnel leadership committee, shall
| ||||||
20 | develop the specific methods and contents of the school's | ||||||
21 | curriculum within
the board's system-wide curriculum standards | ||||||
22 | and objectives and the
requirements of the school improvement | ||||||
23 | plan. The board shall ensure that all
principals are evaluated | ||||||
24 | on their instructional leadership ability and their
ability to | ||||||
25 | maintain a positive education and learning climate. It shall | ||||||
26 | also
be the responsibility of the principal to utilize |
| |||||||
| |||||||
1 | resources of proper law
enforcement agencies when the safety | ||||||
2 | and welfare of students and teachers are
threatened by illegal | ||||||
3 | use of drugs and alcohol, by illegal use or possession
of | ||||||
4 | weapons, or by illegal gang activity.
| ||||||
5 | Nothing in this Section shall prohibit the board and the | ||||||
6 | exclusive representative of the district's teachers from | ||||||
7 | entering into an agreement under Section 34-85c of this Code | ||||||
8 | to establish alternative procedures for teacher evaluation, | ||||||
9 | remediation, and removal for cause after remediation, | ||||||
10 | including an alternative system for peer evaluation and | ||||||
11 | recommendations, for teachers assigned to schools identified | ||||||
12 | in that agreement.
| ||||||
13 | On or before October 1, 1989, the Board of Education, in | ||||||
14 | consultation
with any professional organization representing | ||||||
15 | principals in the district,
shall promulgate rules and | ||||||
16 | implement a lottery for the purpose of
determining whether a | ||||||
17 | principal's existing performance contract (including
the | ||||||
18 | performance contract applicable to any principal's position in | ||||||
19 | which a
vacancy then exists) expires on June 30, 1990 or on | ||||||
20 | June 30, 1991, and
whether the ensuing 4 year performance | ||||||
21 | contract begins on July 1, 1990 or
July 1, 1991. The Board of | ||||||
22 | Education shall establish and conduct the
lottery in such | ||||||
23 | manner that of all the performance contracts of principals
| ||||||
24 | (including the performance contracts applicable to all | ||||||
25 | principal positions
in which a vacancy then exists), 50% of | ||||||
26 | such contracts shall expire on June
30, 1990, and 50% shall |
| |||||||
| |||||||
1 | expire on June 30, 1991. All persons serving as
principal on | ||||||
2 | May 1, 1989, and all persons appointed as principal after May
| ||||||
3 | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | ||||||
4 | other than
as provided by Section 34-2.3, shall be deemed by | ||||||
5 | operation of
law to be serving under a performance contract | ||||||
6 | which expires on June 30,
1990 or June 30, 1991; and unless | ||||||
7 | such performance contract of any such
principal is renewed (or | ||||||
8 | such person is again appointed to serve as
principal) in the | ||||||
9 | manner provided by Section 34-2.2 or 34-2.3, the
employment of | ||||||
10 | such person as principal shall terminate on June 30, 1990
or | ||||||
11 | June 30, 1991.
| ||||||
12 | Commencing on July 1, 1990, or on July 1, 1991, and | ||||||
13 | thereafter, the
principal of each attendance center shall be | ||||||
14 | the person selected in the
manner provided by Section 34-2.3 | ||||||
15 | to serve as principal of that attendance
center under a 4 year | ||||||
16 | performance contract. All performance contracts of
principals | ||||||
17 | expiring after July 1, 1990, or July 1, 1991, shall commence on
| ||||||
18 | the date specified in the contract, and the renewal of their | ||||||
19 | performance
contracts and the appointment of principals when | ||||||
20 | their performance contracts
are not renewed shall be governed | ||||||
21 | by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the | ||||||
22 | office of a principal occurs for any reason, the vacancy shall
| ||||||
23 | be filled by the selection of a new principal to serve under a | ||||||
24 | 4 year
performance contract in the manner provided by Section | ||||||
25 | 34-2.3.
| ||||||
26 | The board of education shall develop and prepare, in |
| |||||||
| |||||||
1 | consultation with
the organization representing principals, a | ||||||
2 | performance contract for
use
at all attendance centers, and | ||||||
3 | shall furnish the same to each local school
council. The term | ||||||
4 | of the performance contract shall be 4 years, unless the
| ||||||
5 | principal is retained by the decision of a hearing officer | ||||||
6 | pursuant to
subdivision 1.5 of Section 34-2.3, in which case | ||||||
7 | the contract shall be
extended for 2 years. The performance
| ||||||
8 | contract of each principal shall consist of the
uniform | ||||||
9 | performance contract, as developed or from time to time | ||||||
10 | modified by the
board, and such additional criteria as are | ||||||
11 | established by a local school
council pursuant to Section | ||||||
12 | 34-2.3 for the performance contract of its
principal.
| ||||||
13 | During the term of his or her performance contract, a | ||||||
14 | principal may be
removed only as provided for in the | ||||||
15 | performance contract except for cause.
He or she shall also be | ||||||
16 | obliged to follow the rules of the board of
education | ||||||
17 | concerning conduct and efficiency.
| ||||||
18 | In the event the performance contract of a principal is | ||||||
19 | not renewed or a
principal is not reappointed as principal | ||||||
20 | under a new performance contract,
or in the event a principal | ||||||
21 | is appointed to any position of
superintendent or higher | ||||||
22 | position, or voluntarily
resigns his position of principal, | ||||||
23 | his or her employment as a principal
shall terminate and such | ||||||
24 | former principal shall not be
reinstated to the position from | ||||||
25 | which he or she was promoted to principal,
except that he or | ||||||
26 | she, if otherwise qualified and licensed certified in |
| |||||||
| |||||||
1 | accordance
with Article 21B 21 , shall be placed by the board on | ||||||
2 | appropriate eligibility
lists which it prepares for use in the | ||||||
3 | filling of vacant or additional or
newly created positions for | ||||||
4 | teachers. The principal's total years of
service to the board | ||||||
5 | as both a teacher and a principal, or in other
professional | ||||||
6 | capacities, shall be used in calculating years of experience
| ||||||
7 | for purposes of being selected as a teacher into new, | ||||||
8 | additional or vacant
positions.
| ||||||
9 | In the event the performance contract of a principal is | ||||||
10 | not renewed or
a principal is not reappointed as principal | ||||||
11 | under a new performance
contract, such principal shall be | ||||||
12 | eligible to continue to receive his or
her previously provided | ||||||
13 | level of health insurance benefits for a period of
90 days | ||||||
14 | following the non-renewal of the contract at no expense to the
| ||||||
15 | principal, provided that such principal has not retired.
| ||||||
16 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
17 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
18 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
19 | general
supervision and jurisdiction over the public education | ||||||
20 | and the public
school system of the city, and, except as | ||||||
21 | otherwise provided by this
Article, shall have power:
| ||||||
22 | 1. To make suitable provision for the establishment | ||||||
23 | and maintenance
throughout the year or for such portion | ||||||
24 | thereof as it may direct, not
less than 9 months and in | ||||||
25 | compliance with Section 10-19.05, of schools of all grades |
| |||||||
| |||||||
1 | and kinds, including normal
schools, high schools, night | ||||||
2 | schools, schools for defectives and
delinquents, parental | ||||||
3 | and truant schools, schools for the blind, the
deaf, and | ||||||
4 | persons with physical disabilities, schools or classes in | ||||||
5 | manual training,
constructural and vocational teaching, | ||||||
6 | domestic arts, and physical
culture, vocation and | ||||||
7 | extension schools and lecture courses, and all
other | ||||||
8 | educational courses and facilities, including | ||||||
9 | establishing,
equipping, maintaining and operating | ||||||
10 | playgrounds and recreational
programs, when such programs | ||||||
11 | are conducted in, adjacent to, or connected
with any | ||||||
12 | public school under the general supervision and | ||||||
13 | jurisdiction
of the board; provided that the calendar for | ||||||
14 | the school term and any changes must be submitted to and | ||||||
15 | approved by the State Board of Education before the | ||||||
16 | calendar or changes may take effect, and provided that in | ||||||
17 | allocating funds
from year to year for the operation of | ||||||
18 | all attendance centers within the
district, the board | ||||||
19 | shall ensure that supplemental general State aid or | ||||||
20 | supplemental grant funds
are allocated and applied in | ||||||
21 | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| ||||||
22 | admit to such
schools without charge foreign exchange | ||||||
23 | students who are participants in
an organized exchange | ||||||
24 | student program which is authorized by the board.
The | ||||||
25 | board shall permit all students to enroll in | ||||||
26 | apprenticeship programs
in trade schools operated by the |
| |||||||
| |||||||
1 | board, whether those programs are
union-sponsored or not. | ||||||
2 | No student shall be refused admission into or
be excluded | ||||||
3 | from any course of instruction offered in the common | ||||||
4 | schools
by reason of that student's sex. No student shall | ||||||
5 | be denied equal
access to physical education and | ||||||
6 | interscholastic athletic programs
supported from school | ||||||
7 | district funds or denied participation in
comparable | ||||||
8 | physical education and athletic programs solely by reason | ||||||
9 | of
the student's sex. Equal access to programs supported | ||||||
10 | from school
district funds and comparable programs will be | ||||||
11 | defined in rules
promulgated by the State Board of | ||||||
12 | Education in
consultation with the Illinois High School | ||||||
13 | Association.
Notwithstanding any other provision of this | ||||||
14 | Article, neither the board
of education nor any local | ||||||
15 | school council or other school official shall
recommend | ||||||
16 | that children with disabilities be placed into regular | ||||||
17 | education
classrooms unless those children with | ||||||
18 | disabilities are provided with
supplementary services to | ||||||
19 | assist them so that they benefit from the regular
| ||||||
20 | classroom instruction and are included on the teacher's | ||||||
21 | regular education
class register;
| ||||||
22 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
23 | charge
therefor, and to use school funds for the payment | ||||||
24 | of such expenses as
the board may determine are necessary | ||||||
25 | in conducting the school lunch
program;
| ||||||
26 | 3. To co-operate with the circuit court;
|
| |||||||
| |||||||
1 | 4. To make arrangements with the public or | ||||||
2 | quasi-public libraries
and museums for the use of their | ||||||
3 | facilities by teachers and pupils of
the public schools;
| ||||||
4 | 5. To employ dentists and prescribe their duties for | ||||||
5 | the purpose of
treating the pupils in the schools, but | ||||||
6 | accepting such treatment shall
be optional with parents or | ||||||
7 | guardians;
| ||||||
8 | 6. To grant the use of assembly halls and classrooms | ||||||
9 | when not
otherwise needed, including light, heat, and | ||||||
10 | attendants, for free public
lectures, concerts, and other | ||||||
11 | educational and social interests, free of
charge, under | ||||||
12 | such provisions and control as the principal of the
| ||||||
13 | affected attendance center may prescribe;
| ||||||
14 | 7. To apportion the pupils to the several schools; | ||||||
15 | provided that no pupil
shall be excluded from or | ||||||
16 | segregated in any such school on account of his
color, | ||||||
17 | race, sex, or nationality. The board shall take into | ||||||
18 | consideration
the prevention of segregation and the | ||||||
19 | elimination of separation of children
in public schools | ||||||
20 | because of color, race, sex, or nationality. Except that
| ||||||
21 | children may be committed to or attend parental and social | ||||||
22 | adjustment schools
established and maintained either for | ||||||
23 | boys or girls only. All records
pertaining to the | ||||||
24 | creation, alteration or revision of attendance areas shall
| ||||||
25 | be open to the public. Nothing herein shall limit the | ||||||
26 | board's authority to
establish multi-area attendance |
| |||||||
| |||||||
1 | centers or other student assignment systems
for | ||||||
2 | desegregation purposes or otherwise, and to apportion the | ||||||
3 | pupils to the
several schools. Furthermore, beginning in | ||||||
4 | school year 1994-95, pursuant
to a board plan adopted by | ||||||
5 | October 1, 1993, the board shall offer, commencing
on a | ||||||
6 | phased-in basis, the opportunity for families within the | ||||||
7 | school
district to apply for enrollment of their children | ||||||
8 | in any attendance center
within the school district which | ||||||
9 | does not have selective admission
requirements approved by | ||||||
10 | the board. The appropriate geographical area in
which such | ||||||
11 | open enrollment may be exercised shall be determined by | ||||||
12 | the
board of education. Such children may be admitted to | ||||||
13 | any such attendance
center on a space available basis | ||||||
14 | after all children residing within such
attendance | ||||||
15 | center's area have been accommodated. If the number of
| ||||||
16 | applicants from outside the attendance area exceed the | ||||||
17 | space available,
then successful applicants shall be | ||||||
18 | selected by lottery. The board of
education's open | ||||||
19 | enrollment plan must include provisions that allow | ||||||
20 | low-income students to have access to transportation | ||||||
21 | needed to exercise school
choice. Open enrollment shall be | ||||||
22 | in compliance with the provisions of the
Consent Decree | ||||||
23 | and Desegregation Plan cited in Section 34-1.01;
| ||||||
24 | 8. To approve programs and policies for providing | ||||||
25 | transportation
services to students. Nothing herein shall | ||||||
26 | be construed to permit or empower
the State Board of |
| |||||||
| |||||||
1 | Education to order, mandate, or require busing or other
| ||||||
2 | transportation of pupils for the purpose of achieving | ||||||
3 | racial balance in any
school;
| ||||||
4 | 9. Subject to the limitations in this Article, to | ||||||
5 | establish and
approve system-wide curriculum objectives | ||||||
6 | and standards, including graduation
standards, which | ||||||
7 | reflect the
multi-cultural diversity in the city and are | ||||||
8 | consistent with State law,
provided that for all purposes | ||||||
9 | of this Article courses or
proficiency in American Sign | ||||||
10 | Language shall be deemed to constitute courses
or | ||||||
11 | proficiency in a foreign language; and to employ | ||||||
12 | principals and teachers,
appointed as provided in this
| ||||||
13 | Article, and fix their compensation. The board shall | ||||||
14 | prepare such reports
related to minimal competency testing | ||||||
15 | as may be requested by the State
Board of Education and, in | ||||||
16 | addition, shall monitor and approve special
education and | ||||||
17 | bilingual education programs and policies within the | ||||||
18 | district to ensure
that appropriate services are provided | ||||||
19 | in accordance with applicable
State and federal laws to | ||||||
20 | children requiring services and education in those
areas;
| ||||||
21 | 10. To employ non-teaching personnel or utilize | ||||||
22 | volunteer personnel
for: (i) non-teaching duties not | ||||||
23 | requiring instructional judgment or
evaluation of pupils, | ||||||
24 | including library duties; and (ii) supervising study
| ||||||
25 | halls, long distance teaching reception areas used | ||||||
26 | incident to instructional
programs transmitted by |
| |||||||
| |||||||
1 | electronic media such as computers, video, and audio,
| ||||||
2 | detention and discipline areas, and school-sponsored | ||||||
3 | extracurricular
activities. The board may further utilize | ||||||
4 | volunteer nonlicensed non-certificated
personnel or employ | ||||||
5 | nonlicensed non-certificated personnel to
assist in the | ||||||
6 | instruction of pupils under the immediate supervision of a
| ||||||
7 | teacher holding a valid educator license certificate , | ||||||
8 | directly engaged in teaching
subject matter or conducting | ||||||
9 | activities; provided that the teacher
shall be | ||||||
10 | continuously aware of the nonlicensed non-certificated | ||||||
11 | persons' activities and
shall be able to control or modify | ||||||
12 | them. The general superintendent shall
determine | ||||||
13 | qualifications of such personnel and shall prescribe rules | ||||||
14 | for
determining the duties and activities to be assigned | ||||||
15 | to such personnel;
| ||||||
16 | 10.5. To utilize volunteer personnel from a regional | ||||||
17 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
18 | of the Safe to Learn Program
established pursuant to | ||||||
19 | Section 25 of the Illinois Violence Prevention Act
of | ||||||
20 | 1995, to provide assistance to schools in times of | ||||||
21 | violence or other
traumatic incidents within a school | ||||||
22 | community by providing crisis
intervention services to | ||||||
23 | lessen the effects of emotional trauma on
individuals and | ||||||
24 | the community; the School Crisis Assistance Team
Steering | ||||||
25 | Committee shall determine the qualifications for | ||||||
26 | volunteers;
|
| |||||||
| |||||||
1 | 11. To provide television studio facilities in not to | ||||||
2 | exceed one
school building and to provide programs for | ||||||
3 | educational purposes,
provided, however, that the board | ||||||
4 | shall not construct, acquire, operate,
or maintain a | ||||||
5 | television transmitter; to grant the use of its studio
| ||||||
6 | facilities to a licensed television station located in the | ||||||
7 | school
district; and to maintain and operate not to exceed | ||||||
8 | one school radio
transmitting station and provide programs | ||||||
9 | for educational purposes;
| ||||||
10 | 12. To offer, if deemed appropriate, outdoor education | ||||||
11 | courses,
including field trips within the State of | ||||||
12 | Illinois, or adjacent states,
and to use school | ||||||
13 | educational funds for the expense of the said outdoor
| ||||||
14 | educational programs, whether within the school district | ||||||
15 | or not;
| ||||||
16 | 13. During that period of the calendar year not | ||||||
17 | embraced within the
regular school term, to provide and | ||||||
18 | conduct courses in subject matters
normally embraced in | ||||||
19 | the program of the schools during the regular
school term | ||||||
20 | and to give regular school credit for satisfactory
| ||||||
21 | completion by the student of such courses as may be | ||||||
22 | approved for credit
by the State Board of Education;
| ||||||
23 | 14. To insure against any loss or liability of the | ||||||
24 | board,
the former School Board Nominating Commission, | ||||||
25 | Local School Councils, the
Chicago Schools Academic | ||||||
26 | Accountability Council, or the former Subdistrict
Councils |
| |||||||
| |||||||
1 | or of any member, officer, agent, or employee thereof, | ||||||
2 | resulting
from alleged violations of civil rights arising | ||||||
3 | from incidents occurring on
or after September 5, 1967 or | ||||||
4 | from the wrongful or negligent act or
omission of any such | ||||||
5 | person whether occurring within or without the school
| ||||||
6 | premises, provided the officer, agent, or employee was, at | ||||||
7 | the time of the
alleged violation of civil rights or | ||||||
8 | wrongful act or omission, acting
within the scope of his | ||||||
9 | or her employment or under direction of the board, the
| ||||||
10 | former School
Board Nominating Commission, the Chicago | ||||||
11 | Schools Academic Accountability
Council, Local School | ||||||
12 | Councils, or the former Subdistrict Councils;
and to | ||||||
13 | provide for or participate in insurance plans for its | ||||||
14 | officers and
employees, including, but not limited to, | ||||||
15 | retirement annuities, medical,
surgical and | ||||||
16 | hospitalization benefits in such types and amounts as may | ||||||
17 | be
determined by the board; provided, however, that the | ||||||
18 | board shall contract
for such insurance only with an | ||||||
19 | insurance company authorized to do business
in this State. | ||||||
20 | Such insurance may include provision for employees who | ||||||
21 | rely
on treatment by prayer or spiritual means alone for | ||||||
22 | healing, in accordance
with the tenets and practice of a | ||||||
23 | recognized religious denomination;
| ||||||
24 | 15. To contract with the corporate authorities of any | ||||||
25 | municipality
or the county board of any county, as the | ||||||
26 | case may be, to provide for
the regulation of traffic in |
| |||||||
| |||||||
1 | parking areas of property used for school
purposes, in | ||||||
2 | such manner as is provided by Section 11-209 of the
| ||||||
3 | Illinois Vehicle Code;
| ||||||
4 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
5 | school campus and student directory information to the
| ||||||
6 | official recruiting representatives of the armed forces of | ||||||
7 | Illinois and
the United States for the purposes of | ||||||
8 | informing students of the educational
and career | ||||||
9 | opportunities available in the military if the board has | ||||||
10 | provided
such access to persons or groups whose purpose is | ||||||
11 | to acquaint students with
educational or occupational | ||||||
12 | opportunities available to them. The board
is not required | ||||||
13 | to give greater notice regarding the right of access to
| ||||||
14 | recruiting representatives than is given to other persons | ||||||
15 | and groups. In
this paragraph 16, "directory information" | ||||||
16 | means a high school
student's name, address, and telephone | ||||||
17 | number.
| ||||||
18 | (b) If a student or his or her parent or guardian | ||||||
19 | submits a signed,
written request to the high school | ||||||
20 | before the end of the student's sophomore
year (or if the | ||||||
21 | student is a transfer student, by another time set by
the | ||||||
22 | high school) that indicates that the student or his or her | ||||||
23 | parent or
guardian does
not want the student's directory | ||||||
24 | information to be provided to official
recruiting | ||||||
25 | representatives under subsection (a) of this Section, the | ||||||
26 | high
school may not provide access to the student's |
| |||||||
| |||||||
1 | directory information to
these recruiting representatives. | ||||||
2 | The high school shall notify its
students and their | ||||||
3 | parents or guardians of the provisions of this
subsection | ||||||
4 | (b).
| ||||||
5 | (c) A high school may require official recruiting | ||||||
6 | representatives of
the armed forces of Illinois and the | ||||||
7 | United States to pay a fee for copying
and mailing a | ||||||
8 | student's directory information in an amount that is not
| ||||||
9 | more than the actual costs incurred by the high school.
| ||||||
10 | (d) Information received by an official recruiting | ||||||
11 | representative
under this Section may be used only to | ||||||
12 | provide information to students
concerning educational and | ||||||
13 | career opportunities available in the military
and may not | ||||||
14 | be released to a person who is not involved in recruiting
| ||||||
15 | students for the armed forces of Illinois or the United | ||||||
16 | States;
| ||||||
17 | 17. (a) To sell or market any computer program | ||||||
18 | developed by an employee
of the school district, provided | ||||||
19 | that such employee developed the computer
program as a | ||||||
20 | direct result of his or her duties with the school | ||||||
21 | district
or through the utilization of school district | ||||||
22 | resources or facilities.
The employee who developed the | ||||||
23 | computer program shall be entitled to share
in the | ||||||
24 | proceeds of such sale or marketing of the computer | ||||||
25 | program. The
distribution of such proceeds between the | ||||||
26 | employee and the school district
shall be as agreed upon |
| |||||||
| |||||||
1 | by the employee and the school district, except
that | ||||||
2 | neither the employee nor the school district may receive | ||||||
3 | more than 90%
of such proceeds. The negotiation for an | ||||||
4 | employee who is represented by an
exclusive bargaining | ||||||
5 | representative may be conducted by such bargaining
| ||||||
6 | representative at the employee's request.
| ||||||
7 | (b) For the purpose of this paragraph 17:
| ||||||
8 | (1) "Computer" means an internally programmed, | ||||||
9 | general purpose digital
device capable of | ||||||
10 | automatically accepting data, processing data and | ||||||
11 | supplying
the results of the operation.
| ||||||
12 | (2) "Computer program" means a series of coded | ||||||
13 | instructions or
statements in a form acceptable to a | ||||||
14 | computer, which causes the computer to
process data in | ||||||
15 | order to achieve a certain result.
| ||||||
16 | (3) "Proceeds" means profits derived from the | ||||||
17 | marketing or sale of a product
after deducting the | ||||||
18 | expenses of developing and marketing such product;
| ||||||
19 | 18. To delegate to the general superintendent of
| ||||||
20 | schools, by resolution, the authority to approve contracts | ||||||
21 | and expenditures
in amounts of $10,000 or less;
| ||||||
22 | 19. Upon the written request of an employee, to | ||||||
23 | withhold from
the compensation of that employee any dues, | ||||||
24 | payments, or contributions
payable by such employee to any | ||||||
25 | labor organization as defined in the
Illinois Educational | ||||||
26 | Labor Relations Act. Under such arrangement, an
amount |
| |||||||
| |||||||
1 | shall be withheld from each regular payroll period which | ||||||
2 | is equal to
the pro rata share of the annual dues plus any | ||||||
3 | payments or contributions,
and the board shall transmit | ||||||
4 | such withholdings to the specified labor
organization | ||||||
5 | within 10 working days from the time of the withholding;
| ||||||
6 | 19a. Upon receipt of notice from the comptroller of a | ||||||
7 | municipality with
a population of 500,000 or more, a | ||||||
8 | county with a population of 3,000,000 or
more, the Cook | ||||||
9 | County Forest Preserve District, the Chicago Park | ||||||
10 | District, the
Metropolitan Water Reclamation District, the | ||||||
11 | Chicago Transit Authority, or
a housing authority of a | ||||||
12 | municipality with a population of 500,000 or more
that a | ||||||
13 | debt is due and owing the municipality, the county, the | ||||||
14 | Cook County
Forest Preserve District, the Chicago Park | ||||||
15 | District, the Metropolitan Water
Reclamation District, the | ||||||
16 | Chicago Transit Authority, or the housing authority
by an | ||||||
17 | employee of the Chicago Board of Education, to withhold, | ||||||
18 | from the
compensation of that employee, the amount of the | ||||||
19 | debt that is due and owing
and pay the amount withheld to | ||||||
20 | the municipality, the county, the Cook County
Forest | ||||||
21 | Preserve District, the Chicago Park District, the | ||||||
22 | Metropolitan Water
Reclamation District, the Chicago | ||||||
23 | Transit Authority, or the housing authority;
provided, | ||||||
24 | however, that the amount
deducted from any one salary or | ||||||
25 | wage payment shall not exceed 25% of the net
amount of the | ||||||
26 | payment. Before the Board deducts any amount from any |
| |||||||
| |||||||
1 | salary or
wage of an employee under this paragraph, the | ||||||
2 | municipality, the county, the
Cook County Forest Preserve | ||||||
3 | District, the Chicago Park District, the
Metropolitan | ||||||
4 | Water Reclamation District, the Chicago Transit Authority, | ||||||
5 | or the
housing authority shall certify that (i) the | ||||||
6 | employee has been afforded an
opportunity for a hearing to | ||||||
7 | dispute the debt that is due and owing the
municipality, | ||||||
8 | the county, the Cook County Forest Preserve District, the | ||||||
9 | Chicago
Park District, the Metropolitan Water Reclamation | ||||||
10 | District, the Chicago Transit
Authority, or the housing | ||||||
11 | authority and (ii) the employee has received notice
of a | ||||||
12 | wage deduction order and has been afforded an opportunity | ||||||
13 | for a hearing to
object to the order. For purposes of this | ||||||
14 | paragraph, "net amount" means that
part of the salary or | ||||||
15 | wage payment remaining after the deduction of any amounts
| ||||||
16 | required by law to be deducted and "debt due and owing" | ||||||
17 | means (i) a specified
sum of money owed to the | ||||||
18 | municipality, the county, the Cook County Forest
Preserve | ||||||
19 | District, the Chicago Park District, the Metropolitan | ||||||
20 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
21 | or the housing authority
for services, work, or goods, | ||||||
22 | after the period granted for payment has expired,
or (ii) | ||||||
23 | a specified sum of money owed to the municipality, the | ||||||
24 | county, the Cook
County Forest Preserve District, the | ||||||
25 | Chicago Park District, the Metropolitan
Water Reclamation | ||||||
26 | District, the Chicago Transit Authority, or the housing
|
| |||||||
| |||||||
1 | authority pursuant to a court order or order of an | ||||||
2 | administrative hearing
officer after the exhaustion of, or | ||||||
3 | the failure to exhaust, judicial review;
| ||||||
4 | 20. The board is encouraged to employ a sufficient | ||||||
5 | number of
licensed certified school counselors to maintain | ||||||
6 | a student/counselor ratio of 250 to
1 by July 1, 1990 . Each | ||||||
7 | counselor shall spend at least 75% of his work
time in | ||||||
8 | direct contact with students and shall maintain a record | ||||||
9 | of such time;
| ||||||
10 | 21. To make available to students vocational and | ||||||
11 | career
counseling and to establish 5 special career | ||||||
12 | counseling days for students
and parents. On these days | ||||||
13 | representatives of local businesses and
industries shall | ||||||
14 | be invited to the school campus and shall inform students
| ||||||
15 | of career opportunities available to them in the various | ||||||
16 | businesses and
industries. Special consideration shall be | ||||||
17 | given to counseling minority
students as to career | ||||||
18 | opportunities available to them in various fields.
For the | ||||||
19 | purposes of this paragraph, minority student means a | ||||||
20 | person who is any of the following:
| ||||||
21 | (a) American Indian or Alaska Native (a person having | ||||||
22 | origins in any of the original peoples of North and South | ||||||
23 | America, including Central America, and who maintains | ||||||
24 | tribal affiliation or community attachment). | ||||||
25 | (b) Asian (a person having origins in any of the | ||||||
26 | original peoples of the Far East, Southeast Asia, or the |
| |||||||
| |||||||
1 | Indian subcontinent, including, but not limited to, | ||||||
2 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
3 | the Philippine Islands, Thailand, and Vietnam). | ||||||
4 | (c) Black or African American (a person having origins | ||||||
5 | in any of the black racial groups of Africa). | ||||||
6 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
7 | Puerto Rican, South or Central American, or other Spanish | ||||||
8 | culture or origin, regardless of race). | ||||||
9 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
10 | person having origins in any of the original peoples of | ||||||
11 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
12 | Counseling days shall not be in lieu of regular school | ||||||
13 | days;
| ||||||
14 | 22. To report to the State Board of Education the | ||||||
15 | annual
student dropout rate and number of students who | ||||||
16 | graduate from, transfer
from, or otherwise leave bilingual | ||||||
17 | programs;
| ||||||
18 | 23. Except as otherwise provided in the Abused and | ||||||
19 | Neglected Child
Reporting Act or other applicable State or | ||||||
20 | federal law, to permit school
officials to withhold, from | ||||||
21 | any person, information on the whereabouts of
any child | ||||||
22 | removed from school premises when the child has been taken | ||||||
23 | into
protective custody as a victim of suspected child | ||||||
24 | abuse. School officials
shall direct such person to the | ||||||
25 | Department of Children and Family Services
or to the local | ||||||
26 | law enforcement agency, if appropriate;
|
| |||||||
| |||||||
1 | 24. To develop a policy, based on the current state of | ||||||
2 | existing school
facilities, projected enrollment, and | ||||||
3 | efficient utilization of available
resources, for capital | ||||||
4 | improvement of schools and school buildings within
the | ||||||
5 | district, addressing in that policy both the relative | ||||||
6 | priority for
major repairs, renovations, and additions to | ||||||
7 | school facilities and the
advisability or necessity of | ||||||
8 | building new school facilities or closing
existing schools | ||||||
9 | to meet current or projected demographic patterns within
| ||||||
10 | the district;
| ||||||
11 | 25. To make available to the students in every high | ||||||
12 | school attendance
center the ability to take all courses | ||||||
13 | necessary to comply with the Board
of Higher Education's | ||||||
14 | college entrance criteria effective in 1993;
| ||||||
15 | 26. To encourage mid-career changes into the teaching | ||||||
16 | profession,
whereby qualified professionals become | ||||||
17 | licensed certified teachers, by allowing
credit for | ||||||
18 | professional employment in related fields when determining | ||||||
19 | point
of entry on the teacher pay scale;
| ||||||
20 | 27. To provide or contract out training programs for | ||||||
21 | administrative
personnel and principals with revised or | ||||||
22 | expanded duties pursuant to this Code
in order to ensure | ||||||
23 | they have the knowledge and skills to perform
their | ||||||
24 | duties;
| ||||||
25 | 28. To establish a fund for the prioritized special | ||||||
26 | needs programs, and
to allocate such funds and other lump |
| |||||||
| |||||||
1 | sum amounts to each attendance center
in a manner | ||||||
2 | consistent with the provisions of part 4 of Section | ||||||
3 | 34-2.3.
Nothing in this paragraph shall be construed to | ||||||
4 | require any additional
appropriations of State funds for | ||||||
5 | this purpose;
| ||||||
6 | 29. (Blank);
| ||||||
7 | 30. Notwithstanding any other provision of this Act or | ||||||
8 | any other law to
the contrary, to contract with third | ||||||
9 | parties for services otherwise performed
by employees, | ||||||
10 | including those in a bargaining unit, and to layoff those
| ||||||
11 | employees upon 14 days written notice to the affected | ||||||
12 | employees. Those
contracts may be for a period not to | ||||||
13 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
14 | The board may not operate more than 30 contract schools, | ||||||
15 | provided that the board may operate an additional 5 | ||||||
16 | contract turnaround schools pursuant to item (5.5) of | ||||||
17 | subsection (d) of Section 34-8.3 of this Code, and the | ||||||
18 | governing bodies of contract schools are subject to the | ||||||
19 | Freedom of Information Act and Open Meetings Act;
| ||||||
20 | 31. To promulgate rules establishing procedures | ||||||
21 | governing the layoff or
reduction in force of employees | ||||||
22 | and the recall of such employees, including,
but not | ||||||
23 | limited to, criteria for such layoffs, reductions in force | ||||||
24 | or recall
rights of such employees and the weight to be | ||||||
25 | given to any particular
criterion. Such criteria shall | ||||||
26 | take into account factors, including, but not
limited to, |
| |||||||
| |||||||
1 | qualifications, certifications, experience, performance | ||||||
2 | ratings or
evaluations, and any other factors relating to | ||||||
3 | an employee's job performance;
| ||||||
4 | 32. To develop a policy to prevent nepotism in the | ||||||
5 | hiring of personnel
or the selection of contractors;
| ||||||
6 | 33. (Blank); and
| ||||||
7 | 34. To establish a Labor Management Council to the | ||||||
8 | board
comprised of representatives of the board, the chief | ||||||
9 | executive
officer, and those labor organizations that are | ||||||
10 | the exclusive
representatives of employees of the board | ||||||
11 | and to promulgate
policies and procedures for the | ||||||
12 | operation of the Council.
| ||||||
13 | The specifications of the powers herein granted are not to | ||||||
14 | be
construed as exclusive, but the board shall also exercise | ||||||
15 | all other
powers that may be requisite or proper for the | ||||||
16 | maintenance and the
development of a public school system, not | ||||||
17 | inconsistent with the other
provisions of this Article or | ||||||
18 | provisions of this Code which apply to all
school districts.
| ||||||
19 | In addition to the powers herein granted and authorized to | ||||||
20 | be exercised
by the board, it shall be the duty of the board to | ||||||
21 | review or to direct
independent reviews of special education | ||||||
22 | expenditures and services.
The board shall file a report of | ||||||
23 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
24 | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | ||||||
25 | 102-465, eff. 1-1-22; 102-558, eff. 8-20-21 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
2 | Sec. 34-18.5. Criminal history records checks and checks | ||||||
3 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
4 | and Violent Offender Against Youth Database. | ||||||
5 | (a) Licensed and nonlicensed applicants for
employment | ||||||
6 | with the school district are required as a condition of
| ||||||
7 | employment to authorize a fingerprint-based criminal history | ||||||
8 | records check to determine if such applicants
have been | ||||||
9 | convicted of any disqualifying, enumerated criminal or drug | ||||||
10 | offense in
subsection (c) of this Section or have been
| ||||||
11 | convicted, within 7 years of the application for employment | ||||||
12 | with the
school district, of any other felony under the laws of | ||||||
13 | this State or of any
offense committed or attempted in any | ||||||
14 | other state or against the laws of
the United States that, if | ||||||
15 | committed or attempted in this State, would
have been | ||||||
16 | punishable as a felony under the laws of this State. | ||||||
17 | Authorization
for
the
check shall
be furnished by the | ||||||
18 | applicant to the school district, except that if the
applicant | ||||||
19 | is a substitute teacher seeking employment in more than one
| ||||||
20 | school district, or a teacher seeking concurrent part-time | ||||||
21 | employment
positions with more than one school district (as a | ||||||
22 | reading specialist,
special education teacher or otherwise), | ||||||
23 | or an educational support
personnel employee seeking | ||||||
24 | employment positions with more than one
district, any such | ||||||
25 | district may require the applicant to furnish
authorization | ||||||
26 | for
the check to the regional superintendent of the
|
| |||||||
| |||||||
1 | educational service region in which are located the school | ||||||
2 | districts in
which the applicant is seeking employment as a | ||||||
3 | substitute or concurrent
part-time teacher or concurrent | ||||||
4 | educational support personnel employee.
Upon receipt of this | ||||||
5 | authorization, the school district or the appropriate
regional | ||||||
6 | superintendent, as the case may be, shall submit the | ||||||
7 | applicant's
name, sex, race, date of birth, social security | ||||||
8 | number, fingerprint images, and other identifiers, as | ||||||
9 | prescribed by the Illinois State Police, to the Illinois State | ||||||
10 | Police. The regional
superintendent submitting the requisite | ||||||
11 | information to the Illinois
State Police shall promptly notify | ||||||
12 | the school districts in which the
applicant is seeking | ||||||
13 | employment as a substitute or concurrent part-time
teacher or | ||||||
14 | concurrent educational support personnel employee that
the
| ||||||
15 | check of the applicant has been requested. The Illinois State
| ||||||
16 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
17 | pursuant to a fingerprint-based criminal history records | ||||||
18 | check, records of convictions, forever and hereinafter, until | ||||||
19 | expunged, to the president of the school board for the school | ||||||
20 | district that requested the check, or to the regional | ||||||
21 | superintendent who requested the check. The Illinois State | ||||||
22 | Police
shall charge
the school district
or the appropriate | ||||||
23 | regional superintendent a fee for
conducting
such check, which | ||||||
24 | fee shall be deposited in the State
Police Services Fund and | ||||||
25 | shall not exceed the cost of the inquiry; and the
applicant | ||||||
26 | shall not be charged a fee for
such check by the school
|
| |||||||
| |||||||
1 | district or by the regional superintendent. Subject to | ||||||
2 | appropriations for these purposes, the State Superintendent of | ||||||
3 | Education shall reimburse the school district and regional | ||||||
4 | superintendent for fees paid to obtain criminal history | ||||||
5 | records checks under this Section. | ||||||
6 | (a-5) The school district or regional superintendent shall | ||||||
7 | further perform a check of the Statewide Sex Offender | ||||||
8 | Database, as authorized by the Sex Offender Community | ||||||
9 | Notification Law, for each applicant. The check of the | ||||||
10 | Statewide Sex Offender Database must be conducted by the | ||||||
11 | school district or regional superintendent once for every 5 | ||||||
12 | years that an applicant remains employed by the school | ||||||
13 | district. | ||||||
14 | (a-6) The school district or regional superintendent shall | ||||||
15 | further perform a check of the Statewide Murderer and Violent | ||||||
16 | Offender Against Youth Database, as authorized by the Murderer | ||||||
17 | and Violent Offender Against Youth Community Notification Law, | ||||||
18 | for each applicant. The check of the Murderer and Violent | ||||||
19 | Offender Against Youth Database must be conducted by the | ||||||
20 | school district or regional superintendent once for every 5 | ||||||
21 | years that an applicant remains employed by the school | ||||||
22 | district. | ||||||
23 | (b) Any
information concerning the record of convictions | ||||||
24 | obtained by the president
of the board of education or the | ||||||
25 | regional superintendent shall be
confidential and may only be | ||||||
26 | transmitted to the general superintendent of
the school |
| |||||||
| |||||||
1 | district or his designee, the appropriate regional
| ||||||
2 | superintendent if
the check was requested by the board of | ||||||
3 | education
for the school district, the presidents of the | ||||||
4 | appropriate board of
education or school boards if
the check | ||||||
5 | was requested from the Illinois
State Police by the regional | ||||||
6 | superintendent, the State Board of Education and the school | ||||||
7 | district as authorized under subsection (b-5), the State
| ||||||
8 | Superintendent of Education, the State Educator Preparation | ||||||
9 | and Licensure Board or any
other person necessary to the | ||||||
10 | decision of hiring the applicant for
employment. A copy of the | ||||||
11 | record of convictions obtained from the Illinois
State Police | ||||||
12 | shall be provided to the applicant for
employment. Upon the | ||||||
13 | check of the Statewide Sex Offender Database or Statewide | ||||||
14 | Murderer and Violent Offender Against Youth Database, the | ||||||
15 | school district or regional superintendent shall notify an | ||||||
16 | applicant as to whether or not the applicant has been | ||||||
17 | identified in the Database. If a check of an applicant for | ||||||
18 | employment as a
substitute or concurrent part-time teacher or | ||||||
19 | concurrent educational
support personnel employee in more than | ||||||
20 | one school district was requested
by the regional | ||||||
21 | superintendent, and the Illinois State Police upon
a check | ||||||
22 | ascertains that the applicant has not been convicted of any
of | ||||||
23 | the enumerated criminal or drug offenses in subsection (c) of | ||||||
24 | this Section
or has not been
convicted,
within 7 years of the | ||||||
25 | application for employment with the
school district, of any | ||||||
26 | other felony under the laws of this State or of any
offense |
| |||||||
| |||||||
1 | committed or attempted in any other state or against the laws | ||||||
2 | of
the United States that, if committed or attempted in this | ||||||
3 | State, would
have been punishable as a felony under the laws of | ||||||
4 | this State and so
notifies the regional superintendent and if | ||||||
5 | the regional superintendent upon a check ascertains that the | ||||||
6 | applicant has not been identified in the Sex Offender Database | ||||||
7 | or Statewide Murderer and Violent Offender Against Youth | ||||||
8 | Database, then the regional superintendent
shall issue to the | ||||||
9 | applicant a certificate evidencing that as of the date
| ||||||
10 | specified by the Illinois State Police the applicant has not | ||||||
11 | been
convicted of any of the enumerated criminal or drug | ||||||
12 | offenses in subsection
(c) of this Section
or has not been
| ||||||
13 | convicted, within 7 years of the application for employment | ||||||
14 | with the
school district, of any other felony under the laws of | ||||||
15 | this State or of any
offense committed or attempted in any | ||||||
16 | other state or against the laws of
the United States that, if | ||||||
17 | committed or attempted in this State, would
have been | ||||||
18 | punishable as a felony under the laws of this State and | ||||||
19 | evidencing that as of the date that the regional | ||||||
20 | superintendent conducted a check of the Statewide Sex Offender | ||||||
21 | Database or Statewide Murderer and Violent Offender Against | ||||||
22 | Youth Database, the applicant has not been identified in the | ||||||
23 | Database. The school
board of any school district may rely on | ||||||
24 | the certificate issued by any regional
superintendent to that | ||||||
25 | substitute teacher, concurrent part-time teacher, or | ||||||
26 | concurrent educational support personnel employee
or may |
| |||||||
| |||||||
1 | initiate its own criminal history records check of
the | ||||||
2 | applicant through the Illinois State Police and its own check | ||||||
3 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
4 | and Violent Offender Against Youth Database as provided in
| ||||||
5 | this Section. Any unauthorized release of confidential | ||||||
6 | information may be a violation of Section 7 of the Criminal | ||||||
7 | Identification Act. | ||||||
8 | (b-5) If a criminal history records check or check of the | ||||||
9 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
10 | Violent Offender Against Youth Database is performed by a | ||||||
11 | regional superintendent for an applicant seeking employment as | ||||||
12 | a substitute teacher with the school district, the regional | ||||||
13 | superintendent may disclose to the State Board of Education | ||||||
14 | whether the applicant has been issued a certificate under | ||||||
15 | subsection (b) based on those checks. If the State Board | ||||||
16 | receives information on an applicant under this subsection, | ||||||
17 | then it must indicate in the Educator Licensure Information | ||||||
18 | System for a 90-day period that the applicant has been issued | ||||||
19 | or has not been issued a certificate. | ||||||
20 | (c) The board of education shall not knowingly employ a | ||||||
21 | person who has
been convicted of any offense that would | ||||||
22 | subject him or her to license suspension or revocation | ||||||
23 | pursuant to Section 21B-80 of this Code, except as provided | ||||||
24 | under subsection (b) of 21B-80.
Further, the board of | ||||||
25 | education shall not knowingly employ a person who has
been | ||||||
26 | found to be the perpetrator of sexual or physical abuse of any |
| |||||||
| |||||||
1 | minor under
18 years of age pursuant to proceedings under | ||||||
2 | Article II of the Juvenile Court
Act of 1987. As a condition of | ||||||
3 | employment, the board of education must consider the status of | ||||||
4 | a person who has been issued an indicated finding of abuse or | ||||||
5 | neglect of a child by the Department of Children and Family | ||||||
6 | Services under the Abused and Neglected Child Reporting Act or | ||||||
7 | by a child welfare agency of another jurisdiction. | ||||||
8 | (d) The board of education shall not knowingly employ a | ||||||
9 | person for whom
a criminal history records check and a | ||||||
10 | Statewide Sex Offender Database check have not been initiated. | ||||||
11 | (e) Within 10 days after the general superintendent of | ||||||
12 | schools, a regional office of education, or an entity that | ||||||
13 | provides background checks of license holders to public | ||||||
14 | schools receives information of a pending criminal charge | ||||||
15 | against a license holder for an offense set forth in Section | ||||||
16 | 21B-80 of this Code, the superintendent, regional office of | ||||||
17 | education, or entity must notify the State Superintendent of | ||||||
18 | Education of the pending criminal charge. | ||||||
19 | No later than 15 business days after receipt of a record of | ||||||
20 | conviction or of checking the Statewide Murderer and Violent | ||||||
21 | Offender Against Youth Database or the Statewide Sex Offender | ||||||
22 | Database and finding a registration, the general | ||||||
23 | superintendent of schools or the applicable regional | ||||||
24 | superintendent shall, in writing, notify the State | ||||||
25 | Superintendent of Education of any license holder who has been | ||||||
26 | convicted of a crime set forth in Section 21B-80 of this Code. |
| |||||||
| |||||||
1 | Upon receipt of the record of a conviction of or a finding of | ||||||
2 | child
abuse by a holder of any license
issued pursuant to | ||||||
3 | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | ||||||
4 | Superintendent of
Education may initiate licensure suspension | ||||||
5 | and revocation
proceedings as authorized by law. If the | ||||||
6 | receipt of the record of conviction or finding of child abuse | ||||||
7 | is received within 6 months after the initial grant of or | ||||||
8 | renewal of a license, the State Superintendent of Education | ||||||
9 | may rescind the license holder's license. | ||||||
10 | (e-5) The general superintendent of schools shall, in | ||||||
11 | writing, notify the State Superintendent of Education of any | ||||||
12 | license holder whom he or she has reasonable cause to believe | ||||||
13 | has committed an intentional act of abuse or neglect with the | ||||||
14 | result of making a child an abused child or a neglected child, | ||||||
15 | as defined in Section 3 of the Abused and Neglected Child | ||||||
16 | Reporting Act, and that act resulted in the license holder's | ||||||
17 | dismissal or resignation from the school district and must | ||||||
18 | include the Illinois Educator Identification Number (IEIN) of | ||||||
19 | the license holder and a brief description of the misconduct | ||||||
20 | alleged. This notification must be submitted within 30 days | ||||||
21 | after the dismissal or resignation. The license holder must | ||||||
22 | also be contemporaneously sent a copy of the notice by the | ||||||
23 | superintendent. All correspondence, documentation, and other | ||||||
24 | information so received by the State Superintendent of | ||||||
25 | Education, the State Board of Education, or the State Educator | ||||||
26 | Preparation and Licensure Board under this subsection (e-5) is |
| |||||||
| |||||||
1 | confidential and must not be disclosed to third parties, | ||||||
2 | except (i) as necessary for the State Superintendent of | ||||||
3 | Education or his or her designee to investigate and prosecute | ||||||
4 | pursuant to Article 21B of this Code, (ii) pursuant to a court | ||||||
5 | order, (iii) for disclosure to the license holder or his or her | ||||||
6 | representative, or (iv) as otherwise provided in this Article | ||||||
7 | and provided that any such information admitted into evidence | ||||||
8 | in a hearing is exempt from this confidentiality and | ||||||
9 | non-disclosure requirement. Except for an act of willful or | ||||||
10 | wanton misconduct, any superintendent who provides | ||||||
11 | notification as required in this subsection (e-5) shall have | ||||||
12 | immunity from any liability, whether civil or criminal or that | ||||||
13 | otherwise might result by reason of such action. | ||||||
14 | (f) After March 19, 1990, the provisions of this Section | ||||||
15 | shall apply to
all employees of persons or firms holding | ||||||
16 | contracts with any school district
including, but not limited | ||||||
17 | to, food service workers, school bus drivers and
other | ||||||
18 | transportation employees, who have direct, daily contact with | ||||||
19 | the
pupils of any school in such district. For purposes of | ||||||
20 | criminal history records checks and checks of the Statewide | ||||||
21 | Sex Offender Database on employees of persons or firms holding | ||||||
22 | contracts with more
than one school district and assigned to | ||||||
23 | more than one school district, the
regional superintendent of | ||||||
24 | the educational service region in which the
contracting school | ||||||
25 | districts are located may, at the request of any such
school | ||||||
26 | district, be responsible for receiving the authorization for
a |
| |||||||
| |||||||
1 | criminal history records check prepared by each such employee | ||||||
2 | and submitting the same to the Illinois
State Police and for | ||||||
3 | conducting a check of the Statewide Sex Offender Database for | ||||||
4 | each employee. Any information concerning the record of
| ||||||
5 | conviction and identification as a sex offender of any such | ||||||
6 | employee obtained by the regional superintendent
shall be | ||||||
7 | promptly reported to the president of the appropriate school | ||||||
8 | board
or school boards. | ||||||
9 | (f-5) Upon request of a school or school district, any | ||||||
10 | information obtained by the school district pursuant to | ||||||
11 | subsection (f) of this Section within the last year must be | ||||||
12 | made available to the requesting school or school district. | ||||||
13 | (g) Prior to the commencement of any student teaching | ||||||
14 | experience or required internship (which is referred to as | ||||||
15 | student teaching in this Section) in the public schools, a | ||||||
16 | student teacher is required to authorize a fingerprint-based | ||||||
17 | criminal history records check. Authorization for and payment | ||||||
18 | of the costs of the check must be furnished by the student | ||||||
19 | teacher to the school district. Upon receipt of this | ||||||
20 | authorization and payment, the school district shall submit | ||||||
21 | the student teacher's name, sex, race, date of birth, social | ||||||
22 | security number, fingerprint images, and other identifiers, as | ||||||
23 | prescribed by the Illinois State Police, to the Illinois State | ||||||
24 | Police. The Illinois State Police and the Federal Bureau of | ||||||
25 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
26 | criminal history records check, records of convictions, |
| |||||||
| |||||||
1 | forever and hereinafter, until expunged, to the president of | ||||||
2 | the board. The Illinois State Police shall charge the school | ||||||
3 | district a fee for conducting the check, which fee must not | ||||||
4 | exceed the cost of the inquiry and must be deposited into the | ||||||
5 | State Police Services Fund. The school district shall further | ||||||
6 | perform a check of the Statewide Sex Offender Database, as | ||||||
7 | authorized by the Sex Offender Community Notification Law, and | ||||||
8 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
9 | Database, as authorized by the Murderer and Violent Offender | ||||||
10 | Against Youth Registration Act, for each student teacher. The | ||||||
11 | board may not knowingly allow a person to student teach for | ||||||
12 | whom a criminal history records check, a Statewide Sex | ||||||
13 | Offender Database check, and a Statewide Murderer and Violent | ||||||
14 | Offender Against Youth Database check have not been completed | ||||||
15 | and reviewed by the district. | ||||||
16 | A copy of the record of convictions obtained from the | ||||||
17 | Illinois State Police must be provided to the student teacher. | ||||||
18 | Any information concerning the record of convictions obtained | ||||||
19 | by the president of the board is confidential and may only be | ||||||
20 | transmitted to the general superintendent of schools or his or | ||||||
21 | her designee, the State Superintendent of Education, the State | ||||||
22 | Educator Preparation and Licensure Board, or, for | ||||||
23 | clarification purposes, the Illinois State Police or the | ||||||
24 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
25 | Violent Offender Against Youth Database. Any unauthorized | ||||||
26 | release of confidential information may be a violation of |
| |||||||
| |||||||
1 | Section 7 of the Criminal Identification Act. | ||||||
2 | The board may not knowingly allow a person to student | ||||||
3 | teach who has been convicted of any offense that would subject | ||||||
4 | him or her to license suspension or revocation pursuant to | ||||||
5 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
6 | provided under subsection (b) of Section 21B-80. Further, the | ||||||
7 | board may not allow a person to student teach if he or she has | ||||||
8 | been found to be the perpetrator of sexual or physical abuse of | ||||||
9 | a minor under 18 years of age pursuant to proceedings under | ||||||
10 | Article II of the Juvenile Court Act of 1987. The board must | ||||||
11 | consider the status of a person to student teach who has been | ||||||
12 | issued an indicated finding of abuse or neglect of a child by | ||||||
13 | the Department of Children and Family Services under the | ||||||
14 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
15 | agency of another jurisdiction. | ||||||
16 | (h) (Blank). | ||||||
17 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
18 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
19 | 1-1-22; revised 10-18-21.)
| ||||||
20 | (105 ILCS 5/34-18.10) (from Ch. 122, par. 34-18.10)
| ||||||
21 | Sec. 34-18.10. Minority recruitment policy. The board of | ||||||
22 | education
shall , by 1991, develop and implement a policy of | ||||||
23 | recruitment and hiring of
minority teachers, other licensed | ||||||
24 | certificated employees , and nonlicensed non-certificated
| ||||||
25 | employees, including custodians, lunch room staff , and teacher |
| |||||||
| |||||||
1 | aides.
| ||||||
2 | (Source: P.A. 86-227; 86-1028.)
| ||||||
3 | (105 ILCS 5/34-43.1) (from Ch. 122, par. 34-43.1)
| ||||||
4 | Sec. 34-43.1. (A) Limitation of noninstructional costs. It | ||||||
5 | is the
purpose of this Section to establish for the Board of | ||||||
6 | Education and the
general superintendent of schools | ||||||
7 | requirements and standards which maximize
the proportion of | ||||||
8 | school district resources in direct support of
educational, | ||||||
9 | program, and building maintenance and safety services for the
| ||||||
10 | pupils of the district, and which correspondingly minimize the | ||||||
11 | amount and
proportion of such resources associated with | ||||||
12 | centralized administration,
administrative support services, | ||||||
13 | and other noninstructional services.
| ||||||
14 | The For the 1989-90 school year and for all subsequent | ||||||
15 | school years, the Board
of Education shall undertake budgetary | ||||||
16 | and expenditure control actions which
limit the administrative | ||||||
17 | expenditures of the Board of Education to levels,
as provided | ||||||
18 | for in this Section, which represent an average of the
| ||||||
19 | administrative expenses of all school districts in this State | ||||||
20 | not subject
to Article 34.
| ||||||
21 | (B) Certification of expenses by the State Superintendent | ||||||
22 | of Education.
The State Superintendent of Education shall | ||||||
23 | annually certify, on or before
May 1, to the Board of Education | ||||||
24 | and the School Finance Authority , for the
applicable school | ||||||
25 | year, the following information:
|
| |||||||
| |||||||
1 | (1) the annual expenditures of all school districts of | ||||||
2 | the State not
subject to Article 34 properly attributable | ||||||
3 | to expenditure functions
defined by the rules and | ||||||
4 | regulations of the State Board of Education as:
2210 | ||||||
5 | (Improvement of Instructional Services); 2300 (Support | ||||||
6 | Services -
General Administration) excluding, however, | ||||||
7 | 2320 (Executive Administrative
Services); 2490 (Other | ||||||
8 | Support Services - School Administration); 2500
(Support | ||||||
9 | Services - Business); 2600 (Support Services - Central);
| ||||||
10 | (2) the total annual expenditures of all school | ||||||
11 | districts not subject to
Article 34 attributable to the | ||||||
12 | Education Fund, the Operations, Building and
Maintenance | ||||||
13 | Fund, the Transportation Fund and the Illinois Municipal
| ||||||
14 | Retirement Fund of the several districts, as defined by | ||||||
15 | the rules and
regulations of the State Board of Education; | ||||||
16 | and
| ||||||
17 | (3) a ratio, to be called the statewide average of | ||||||
18 | administrative
expenditures, derived by dividing the | ||||||
19 | expenditures certified pursuant to
paragraph (B)(1) by the | ||||||
20 | expenditures certified pursuant to paragraph (B)(2).
| ||||||
21 | For purposes of the annual certification of expenditures | ||||||
22 | and ratios
required by this Section, the "applicable year" of | ||||||
23 | certification shall
initially be the 1986-87 school year and, | ||||||
24 | in sequent years, each
succeeding school year.
| ||||||
25 | The State Superintendent of Education shall consult with | ||||||
26 | the Board of
Education to ascertain whether particular |
| |||||||
| |||||||
1 | expenditure items allocable to
the administrative functions | ||||||
2 | enumerated in paragraph (B)(1) are
appropriately or | ||||||
3 | necessarily higher in the applicable school district than
in | ||||||
4 | the rest of the State due to noncomparable factors. The State
| ||||||
5 | Superintendent shall also review the relevant cost proportions | ||||||
6 | in other
large urban school districts. The State | ||||||
7 | Superintendent shall also review
the expenditure categories in | ||||||
8 | paragraph (B)(1) to ascertain whether they
contain | ||||||
9 | school-level expenses. If he or she finds that adjustments to | ||||||
10 | the
formula are appropriate or necessary to establish a more | ||||||
11 | fair and
comparable standard for administrative cost for the | ||||||
12 | Board of Education or
to exclude school-level expenses, the | ||||||
13 | State Superintendent shall recommend
to the Board of Education | ||||||
14 | School Finance Authority rules and regulations adjusting | ||||||
15 | particular
subcategories in this subsection (B) or adjusting | ||||||
16 | certain costs in
determining the budget and expenditure items | ||||||
17 | properly attributable to the
functions or otherwise adjust the | ||||||
18 | formula.
| ||||||
19 | (C) Administrative expenditure limitations. The annual | ||||||
20 | budget of the
Board of Education, as adopted and implemented, | ||||||
21 | and the
related annual expenditures for the school year, shall | ||||||
22 | reflect a limitation
on administrative outlays as required by | ||||||
23 | the following provisions, taking
into account any adjustments | ||||||
24 | established by the State Superintendent of
Education: (1) the | ||||||
25 | budget and expenditures of the Board of Education for
the | ||||||
26 | 1989-90 school year shall reflect a ratio of administrative
|
| |||||||
| |||||||
1 | expenditures to total expenditures equal to or less than the | ||||||
2 | statewide
average of administrative expenditures for the | ||||||
3 | 1986-87 school year as
certified by the State Superintendent | ||||||
4 | of Education pursuant to paragraph
(B)(3); (2) for the 1990-91 | ||||||
5 | school year and for all subsequent school
years, the budget | ||||||
6 | and expenditures of the Board of Education shall reflect
a | ||||||
7 | ratio of administrative expenditures to total expenditures | ||||||
8 | equal to or
less than the statewide average of administrative | ||||||
9 | expenditures certified by
the State Superintendent of | ||||||
10 | Education for the applicable year pursuant to
paragraph | ||||||
11 | (B)(3); (2) (3) if for any school year the budget of the Board | ||||||
12 | of
Education reflects a ratio of administrative expenditures | ||||||
13 | to total
expenditures which exceeds the applicable statewide | ||||||
14 | average, the Board of
Education shall reduce expenditure items | ||||||
15 | allocable to the administrative
functions enumerated in | ||||||
16 | paragraph (B)(1) such that the Board of Education's
ratio of | ||||||
17 | administrative expenditures to total expenditures is equal to | ||||||
18 | or
less than the applicable statewide average ratio.
| ||||||
19 | For purposes of this Section, the ratio of administrative | ||||||
20 | expenditures to
the total expenditures of the Board of | ||||||
21 | Education, as applied to the budget
of the Board of Education, | ||||||
22 | shall mean: the budgeted expenditure items of
the Board of | ||||||
23 | Education properly attributable to the expenditure functions
| ||||||
24 | identified in paragraph (B)(1) divided by the total budgeted | ||||||
25 | expenditures of
the Board of Education properly attributable | ||||||
26 | to the Board of Education
funds corresponding to those funds |
| |||||||
| |||||||
1 | identified in paragraph (B)(2),
exclusive of any monies | ||||||
2 | budgeted for payment to the Public School Teachers'
Pension | ||||||
3 | and Retirement System, attributable to payments due from the
| ||||||
4 | General Funds of the State of Illinois.
| ||||||
5 | The annual expenditure of the Board of Education for 2320
| ||||||
6 | (Executive Administrative Services) for the 1989-90 school | ||||||
7 | year shall be no
greater than the 2320 expenditure for the | ||||||
8 | 1988-89 school year. The annual
expenditure of the Board of | ||||||
9 | Education for 2320 for the 1990-91 school year
and each | ||||||
10 | subsequent school year shall be no greater than the 2320
| ||||||
11 | expenditure for the immediately preceding school year or the | ||||||
12 | 1988-89 school
year, whichever is less. This annual | ||||||
13 | expenditure limitation may be
adjusted in each year in an | ||||||
14 | amount not to exceed any change effective
during the | ||||||
15 | applicable school year in salary to be paid under the | ||||||
16 | collective
bargaining agreement with instructional personnel | ||||||
17 | to which the Board is a
party and in benefit costs either | ||||||
18 | required by law or such collective
bargaining agreement.
| ||||||
19 | (D) Cost control measures. In undertaking actions to | ||||||
20 | control or reduce
expenditure items necessitated by the | ||||||
21 | administrative expenditure
limitations of this Section, the | ||||||
22 | Board of Education shall give priority
consideration to | ||||||
23 | reductions or cost controls with the least effect upon
direct | ||||||
24 | services to students or instructional services for pupils, and | ||||||
25 | upon
the safety and well-being of pupils, and, as applicable, | ||||||
26 | with the
particular costs or functions to which the Board of |
| |||||||
| |||||||
1 | Education is higher
than the statewide average.
| ||||||
2 | For purposes of assuring that the cost control priorities | ||||||
3 | of this
subsection (D) are met, the State Superintendent of | ||||||
4 | Education shall, with
the assistance of the Board of | ||||||
5 | Education, review the cost allocation
practices of the Board | ||||||
6 | of Education , and the State Superintendent of
Education shall | ||||||
7 | thereafter recommend to the School Finance Authority rules
and | ||||||
8 | regulations which define administrative areas which most | ||||||
9 | impact upon
the direct and instructional needs of students and | ||||||
10 | upon the safety and
well-being of the pupils of the district . | ||||||
11 | No position closed shall be
reopened using State or federal | ||||||
12 | categorical funds.
| ||||||
13 | (E) Report of Audited Information. The For the 1988-89 | ||||||
14 | school year and for
all subsequent school years, the Board of | ||||||
15 | Education shall file with the
State Board of Education the | ||||||
16 | Annual Financial Report and its audit, as
required by the | ||||||
17 | rules of the State Board of Education. Such reports shall
be | ||||||
18 | filed no later than February 15 following the end of the school | ||||||
19 | year of
the Board of Education , beginning with the report to be | ||||||
20 | filed no later
than February 15, 1990 for the 1988-89 school | ||||||
21 | year .
| ||||||
22 | As part of the required Annual Financial Report, the Board | ||||||
23 | of Education
shall provide a detailed accounting of the | ||||||
24 | central level, district, bureau
and department costs and | ||||||
25 | personnel included within expenditure functions
included in | ||||||
26 | paragraph (B)(1). The nature and detail of the reporting
|
| |||||||
| |||||||
1 | required for these functions shall be prescribed by the State | ||||||
2 | Board of
Education in rules and regulations. A copy of this | ||||||
3 | detailed accounting
shall also be provided annually to the | ||||||
4 | School Finance Authority and the
public. This report shall | ||||||
5 | contain a reconciliation to the board of
education's adopted | ||||||
6 | budget for that fiscal year, specifically delineating
| ||||||
7 | administrative functions.
| ||||||
8 | If the information required under this Section is not | ||||||
9 | provided by the
Board of Education in a timely manner, or is | ||||||
10 | initially or subsequently
determined by the State | ||||||
11 | Superintendent of Education to be incomplete or
inaccurate, | ||||||
12 | the State Superintendent shall, in writing, notify the Board
| ||||||
13 | of Education of reporting deficiencies. The Board of Education | ||||||
14 | shall,
within 60 days of such notice, address the reporting | ||||||
15 | deficiencies
identified. If the State Superintendent of | ||||||
16 | Education does not receive
satisfactory response to these | ||||||
17 | reporting deficiencies within 60 days, the
next payment of | ||||||
18 | general State aid or evidence-based funding due the Board of | ||||||
19 | Education under Section
18-8 or Section 18-8.15 , as | ||||||
20 | applicable, and all subsequent payments , shall be withheld by | ||||||
21 | the State
Superintendent of Education until the enumerated | ||||||
22 | deficiencies have
been addressed.
| ||||||
23 | Utilizing the Annual Financial Report, the State | ||||||
24 | Superintendent of
Education shall certify annually on or | ||||||
25 | before May 1 to the School Finance Authority
the Board of | ||||||
26 | Education's ratio of administrative expenditures to total
|
| |||||||
| |||||||
1 | expenditures for the 1988-89 school year and for each | ||||||
2 | succeeding school
year . Such certification shall indicate the | ||||||
3 | extent to which the
administrative expenditure ratio of the | ||||||
4 | Board of Education conformed to the
limitations required in | ||||||
5 | subsection (C) of this Section, taking into account
any | ||||||
6 | adjustments of the limitations which may have been recommended | ||||||
7 | by the
State Superintendent of Education to the Board of | ||||||
8 | Education School Finance Authority . In
deriving the | ||||||
9 | administrative expenditure ratio of the Chicago Board of
| ||||||
10 | Education, the State Superintendent of Education shall utilize | ||||||
11 | the
definition of this ratio prescribed in subsection (C) of | ||||||
12 | this Section,
except that the actual expenditures of the Board | ||||||
13 | of Education shall be
substituted for budgeted expenditure | ||||||
14 | items.
| ||||||
15 | (F) Approval and adjustments to administrative expenditure | ||||||
16 | limitations.
The School Finance Authority organized under | ||||||
17 | Article 34A shall monitor the
Board of Education's adherence | ||||||
18 | to the requirements of this Section. As
part of its | ||||||
19 | responsibility the School Finance Authority shall determine
| ||||||
20 | whether the Board of Education's budget for the next school | ||||||
21 | year, and the
expenditures for a prior school year, comply | ||||||
22 | with the limitation of
administrative expenditures required by | ||||||
23 | this Section. The Board of
Education and the State Board of | ||||||
24 | Education shall provide such information
as is required by the | ||||||
25 | School Finance Authority in order for the Authority
to | ||||||
26 | determine compliance with the provisions of this Section. If |
| |||||||
| |||||||
1 | the
Authority determines that the budget proposed by the Board | ||||||
2 | of Education
does not meet the cost control requirements of | ||||||
3 | this Section, the Board of
Education shall undertake budgetary | ||||||
4 | reductions, consistent with the
requirements of this Section, | ||||||
5 | to bring the proposed budget into compliance
with such cost | ||||||
6 | control limitations.
| ||||||
7 | If, in formulating cost control and cost reduction | ||||||
8 | alternatives, the
Board of Education believes that meeting the | ||||||
9 | cost control requirements of
this Section related to the | ||||||
10 | budget for the ensuing year would impair the
education, | ||||||
11 | safety, or well-being of the pupils of the school district, | ||||||
12 | the
Board of Education may request that the School Finance | ||||||
13 | Authority make
adjustments to the limitations required by this | ||||||
14 | Section. The Board of
Education shall specify the amount, | ||||||
15 | nature, and reasons for the relief
required and shall also | ||||||
16 | identify cost reductions which can be made in
expenditure | ||||||
17 | functions not enumerated in paragraph (B)(1), which would | ||||||
18 | serve
the purposes of this Section.
| ||||||
19 | The School Finance Authority shall consult with the State | ||||||
20 | Superintendent
of Education concerning the reasonableness from | ||||||
21 | an educational
administration perspective of the adjustments | ||||||
22 | sought by the Board of
Education. The School Finance Authority | ||||||
23 | shall provide an opportunity for
the public to comment upon | ||||||
24 | the reasonableness of the Board's request. If,
after such | ||||||
25 | consultation, the School Finance Authority determines that all
| ||||||
26 | or a portion of the adjustments sought by the Board of |
| |||||||
| |||||||
1 | Education are
reasonably appropriate or necessary, the | ||||||
2 | Authority may grant such relief
from the provisions of this | ||||||
3 | Section which the Authority deems appropriate.
Adjustments so | ||||||
4 | granted apply only to the specific school year for which
the | ||||||
5 | request was made.
| ||||||
6 | In the event that the School Finance Authority determines | ||||||
7 | that the Board
of Education has failed to achieve the required | ||||||
8 | administrative expenditure
limitations for a prior school | ||||||
9 | year, or if the Authority determines that
the Board of | ||||||
10 | Education has not met the requirements of subsection (F), the
| ||||||
11 | Authority shall make recommendations to the Board of Education | ||||||
12 | concerning
appropriate corrective actions. If the Board of | ||||||
13 | Education fails to
provide adequate assurance to the Authority | ||||||
14 | that appropriate corrective
actions have been or will be | ||||||
15 | taken, the Authority may, within 60 days
thereafter, require | ||||||
16 | the board to adjust its current budget to correct for
the prior | ||||||
17 | year's shortage or may recommend to the members of the General
| ||||||
18 | Assembly and the Governor such sanctions or remedial actions | ||||||
19 | as will serve
to deter any further such failures on the part of | ||||||
20 | the Board of Education.
| ||||||
21 | To assist the Authority in its monitoring | ||||||
22 | responsibilities, the Board of
Education shall provide such | ||||||
23 | reports and information as are from time to
time required by | ||||||
24 | the Authority.
| ||||||
25 | (G) Independent reviews of administrative expenditures. | ||||||
26 | The School
Finance Authority may direct independent reviews of |
| |||||||
| |||||||
1 | the administrative and
administrative support expenditures and | ||||||
2 | services and other
non-instructional expenditure functions of | ||||||
3 | the Board of Education. The
Board of Education shall afford | ||||||
4 | full cooperation to the School Finance
Authority in such | ||||||
5 | review activity. The purpose of such reviews shall be
to | ||||||
6 | verify specific targets for improved operating efficiencies of | ||||||
7 | the Board
of Education, to identify other areas of potential | ||||||
8 | efficiencies, and to
assure full and proper compliance by the | ||||||
9 | Board of Education with all
requirements of this Section.
| ||||||
10 | In the conduct of reviews under this subsection, the | ||||||
11 | Authority may
request the assistance and consultation of the | ||||||
12 | State Superintendent of
Education with regard to questions of | ||||||
13 | efficiency and effectiveness in
educational administration.
| ||||||
14 | (H) Reports to Governor and General Assembly. On or before | ||||||
15 | May 1, 1991
and no less frequently than yearly thereafter, the | ||||||
16 | School Finance Authority
shall provide to the Governor, the | ||||||
17 | State Board of Education, and the
members of the General | ||||||
18 | Assembly an annual report, as outlined in Section
34A-606, | ||||||
19 | which includes the following information: (1) documenting the
| ||||||
20 | compliance or non-compliance of the Board of Education with | ||||||
21 | the
requirements of this Section; (2) summarizing the costs, | ||||||
22 | findings, and
recommendations of any reviews directed by the | ||||||
23 | School Finance Authority,
and the response to such | ||||||
24 | recommendations made by the Board of Education;
and (3) | ||||||
25 | recommending sanctions or legislation necessary to fulfill the
| ||||||
26 | intent of this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
2 | (105 ILCS 5/Art. 1F rep.)
| ||||||
3 | (105 ILCS 5/2-3.33a rep.)
| ||||||
4 | (105 ILCS 5/2-3.123 rep.)
| ||||||
5 | (105 ILCS 5/2-3.128 rep.)
| ||||||
6 | (105 ILCS 5/2-3.171 rep.) | ||||||
7 | (105 ILCS 5/2-3.172 rep.)
| ||||||
8 | (105 ILCS 5/17-11.2 rep.)
| ||||||
9 | (105 ILCS 5/18-8.10 rep.) | ||||||
10 | (105 ILCS 5/21-5e rep.)
| ||||||
11 | (105 ILCS 5/34-83 rep.)
| ||||||
12 | Section 25. The School Code is amended by repealing | ||||||
13 | Article 1F and Sections 2-3.33a, 2-3.123, 2-3.128, 2-3.171, | ||||||
14 | 2-3.172, 17-11.2, 18-8.10, 21-5e, and 34-83. | ||||||
15 | Section 30. The School Safety Drill Act is amended by | ||||||
16 | changing Sections 5 and 45 as follows: | ||||||
17 | (105 ILCS 128/5)
| ||||||
18 | Sec. 5. Definitions. In this Act: | ||||||
19 | "First responder" means and includes all fire departments | ||||||
20 | and districts, law enforcement agencies and officials, | ||||||
21 | emergency medical responders, and emergency management | ||||||
22 | officials involved in the execution and documentation of the | ||||||
23 | drills administered under this Act. |
| |||||||
| |||||||
1 | "School" means a public or private facility that offers | ||||||
2 | elementary or secondary education to students under the age of | ||||||
3 | 21 , a charter school authorized by the State Board of | ||||||
4 | Education, or a special education cooperative . As used in this | ||||||
5 | definition, "public facility" means a facility operated by the | ||||||
6 | State or by a unit of local government. As used in this | ||||||
7 | definition, "private facility" means any non-profit, | ||||||
8 | non-home-based, non-public elementary or secondary school that | ||||||
9 | is in compliance with Title VI of the Civil Rights Act of 1964 | ||||||
10 | and attendance at which satisfies the requirements of Section | ||||||
11 | 26-1 of the School Code. While more than one school may be | ||||||
12 | housed in a facility, for purposes of this Act, the facility | ||||||
13 | shall be considered a school. When a school has more than one | ||||||
14 | location, for purposes of this Act, each different location | ||||||
15 | shall be considered its own school. | ||||||
16 | "School safety drill" means a pre-planned exercise | ||||||
17 | conducted by a school in accordance with the drills and | ||||||
18 | requirements set forth in this Act.
| ||||||
19 | (Source: P.A. 94-600, eff. 8-16-05.) | ||||||
20 | (105 ILCS 128/45) | ||||||
21 | Sec. 45. Threat assessment procedure. | ||||||
22 | (a) Each school district must implement a threat | ||||||
23 | assessment procedure that may be part of a school board policy | ||||||
24 | on targeted school violence prevention. The procedure must | ||||||
25 | include the creation of a threat assessment team. The team |
| |||||||
| |||||||
1 | must include all of the following members: | ||||||
2 | (1) An administrator employed by the school district | ||||||
3 | or a special education cooperative that serves the school | ||||||
4 | district and is available to serve. | ||||||
5 | (2) A teacher employed by the school district or a | ||||||
6 | special education cooperative that serves the school | ||||||
7 | district and is available to serve. | ||||||
8 | (3) A school counselor employed by the school district | ||||||
9 | or a special education cooperative that serves the school | ||||||
10 | district and is available to serve. | ||||||
11 | (4) A school psychologist employed by the school | ||||||
12 | district or a special education cooperative that serves | ||||||
13 | the school district and is available to serve. | ||||||
14 | (5) A school social worker employed by the school | ||||||
15 | district or a special education cooperative that serves | ||||||
16 | the school district and is available to serve. | ||||||
17 | (6) At least one law enforcement official. | ||||||
18 | If a school district is unable to establish a threat | ||||||
19 | assessment team with school district staff and resources, it | ||||||
20 | may utilize a regional behavioral threat assessment and | ||||||
21 | intervention team that includes mental health professionals | ||||||
22 | and representatives from the State, county, and local law | ||||||
23 | enforcement agencies. | ||||||
24 | (b) A school district shall establish the threat | ||||||
25 | assessment team under this Section no later than 180 days | ||||||
26 | after the effective date of this amendatory Act of the 101st |
| |||||||
| |||||||
1 | General Assembly and must implement an initial threat | ||||||
2 | assessment procedure no later than 120 days after the | ||||||
3 | effective date of this amendatory Act of the 101st General | ||||||
4 | Assembly. | ||||||
5 | (c) Any sharing of student information under this Section | ||||||
6 | must comply with the federal Family Educational Rights and | ||||||
7 | Privacy Act of 1974 and the Illinois School Student Records | ||||||
8 | Act.
| ||||||
9 | (d) A charter school must follow the threat assessment | ||||||
10 | procedures implemented by its authorizing school district or | ||||||
11 | must implement its own threat assessment procedure that | ||||||
12 | complies with this Section. | ||||||
13 | (Source: P.A. 101-455, eff. 8-23-19.) | ||||||
14 | Section 35. The College and Career Success for All | ||||||
15 | Students Act is amended by changing Section 25 as follows: | ||||||
16 | (105 ILCS 302/25) | ||||||
17 | Sec. 25. AP exam fee reduction waiver program. Subject to | ||||||
18 | appropriation, the State Board of Education shall create, | ||||||
19 | under the College and Career Success for All Students program | ||||||
20 | set forth in this Act, a program in public schools where any | ||||||
21 | student who qualifies for free or reduced-price lunches will | ||||||
22 | have fees charged by the College Board for Advanced Placement | ||||||
23 | exams reduced, via State subsidy, to the greatest extent | ||||||
24 | possible based on the appropriation.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
2 | Section 40. The Illinois Educational Labor Relations Act | ||||||
3 | is amended by changing Section 2 as follows:
| ||||||
4 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
5 | Sec. 2. Definitions. As used in this Act:
| ||||||
6 | (a) "Educational employer"
or "employer" means the | ||||||
7 | governing body of a public school district, including the | ||||||
8 | governing body of a charter school established under Article | ||||||
9 | 27A of the School Code or of a contract school or contract | ||||||
10 | turnaround school established under paragraph 30 of Section | ||||||
11 | 34-18 of the School Code, combination
of public school | ||||||
12 | districts, including the governing body of joint agreements
of | ||||||
13 | any type formed by 2 or more school districts, public | ||||||
14 | community college
district or State college or university, a | ||||||
15 | subcontractor of instructional services of a school district | ||||||
16 | (other than a school district organized under Article 34 of | ||||||
17 | the School Code), combination of school districts, charter | ||||||
18 | school established under Article 27A of the School Code, or | ||||||
19 | contract school or contract turnaround school established | ||||||
20 | under paragraph 30 of Section 34-18 of the School Code, an | ||||||
21 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
22 | School Code, and any State agency whose major
function is | ||||||
23 | providing educational services.
"Educational employer" or | ||||||
24 | "employer" does not include (1) a Financial Oversight
Panel |
| |||||||
| |||||||
1 | created pursuant to Section 1A-8 of the School Code due to a
| ||||||
2 | district
violating a financial plan or (2) an approved | ||||||
3 | nonpublic special education facility that contracts with a | ||||||
4 | school district or combination of school districts to provide | ||||||
5 | special education services pursuant to Section 14-7.02 of the | ||||||
6 | School Code, but does include a School Finance Authority
| ||||||
7 | created
under Article 1E or 1F of the School Code and a | ||||||
8 | Financial Oversight Panel created under Article 1B or 1H of | ||||||
9 | the School Code. The change made by this amendatory Act of the | ||||||
10 | 96th General Assembly to this paragraph (a) to make clear that | ||||||
11 | the governing body of a charter school is an "educational | ||||||
12 | employer" is declaratory of existing law.
| ||||||
13 | (b) "Educational employee" or "employee" means any | ||||||
14 | individual, excluding
supervisors, managerial, confidential, | ||||||
15 | short term employees, student, and
part-time academic | ||||||
16 | employees of community colleges employed full or part
time by | ||||||
17 | an educational employer, but shall not include elected | ||||||
18 | officials
and appointees of the Governor with the advice and | ||||||
19 | consent of the Senate,
firefighters as defined by subsection | ||||||
20 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
21 | and peace officers employed by a State
university. For the | ||||||
22 | purposes of this Act, part-time
academic employees of | ||||||
23 | community colleges shall be defined as those
employees who | ||||||
24 | provide less than 3 credit hours of instruction per
academic
| ||||||
25 | semester. In this subsection (b), the term "student" does not | ||||||
26 | include
graduate students who are research assistants |
| |||||||
| |||||||
1 | primarily
performing duties that involve research, graduate | ||||||
2 | assistants primarily
performing duties that are | ||||||
3 | pre-professional, graduate
students who are teaching | ||||||
4 | assistants primarily performing duties that
involve the | ||||||
5 | delivery and support of instruction, or any other graduate
| ||||||
6 | assistants.
| ||||||
7 | (c) "Employee organization" or "labor organization" means | ||||||
8 | an organization
of any kind in which membership includes | ||||||
9 | educational employees, and which
exists for the purpose, in | ||||||
10 | whole or in part, of dealing with employers
concerning | ||||||
11 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
12 | hours of employment, or conditions of work, but shall not | ||||||
13 | include any
organization which practices discrimination in | ||||||
14 | membership because of race,
color, creed, age, gender, | ||||||
15 | national origin or political affiliation.
| ||||||
16 | (d) "Exclusive representative" means the labor | ||||||
17 | organization which has
been designated by the Illinois | ||||||
18 | Educational Labor Relations Board as the
representative of the | ||||||
19 | majority of educational employees in an appropriate
unit, or | ||||||
20 | recognized by an educational employer prior to January 1, 1984 | ||||||
21 | as
the exclusive representative of the employees in an | ||||||
22 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
23 | employer upon evidence that the
employee organization has been | ||||||
24 | designated as the exclusive representative
by a majority of | ||||||
25 | the employees in an appropriate unit.
| ||||||
26 | (e) "Board" means the Illinois Educational Labor Relations |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | (f) "Regional Superintendent" means the regional | ||||||
3 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
4 | The School Code.
| ||||||
5 | (g) "Supervisor" means any individual having authority in | ||||||
6 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
7 | off, recall, promote,
discharge, reward or discipline other | ||||||
8 | employees within the appropriate
bargaining unit and adjust | ||||||
9 | their grievances, or to effectively recommend
such action if | ||||||
10 | the exercise of such authority is not of a merely routine or
| ||||||
11 | clerical nature but requires the use of independent judgment. | ||||||
12 | The term
"supervisor" includes only those individuals who | ||||||
13 | devote a preponderance of
their employment time to such | ||||||
14 | exercising authority.
| ||||||
15 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
16 | practice
prohibited by Section 14 of this Act.
| ||||||
17 | (i) "Person" includes an individual, educational employee, | ||||||
18 | educational
employer, legal representative, or employee | ||||||
19 | organization.
| ||||||
20 | (j) "Wages" means salaries or other forms of compensation | ||||||
21 | for services
rendered.
| ||||||
22 | (k) "Professional employee" means, in the case of a public | ||||||
23 | community
college, State college or university, State agency | ||||||
24 | whose major function is
providing educational services, the | ||||||
25 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
26 | Visually Impaired, (1) any employee engaged in work
(i) |
| |||||||
| |||||||
1 | predominantly intellectual and varied in character as opposed | ||||||
2 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
3 | involving the
consistent exercise of discretion and judgment | ||||||
4 | in its performance; (iii) of
such character that the output | ||||||
5 | produced or the result accomplished cannot
be standardized in | ||||||
6 | relation to a given period of time; and (iv) requiring
| ||||||
7 | knowledge of an advanced type in a field of science or learning | ||||||
8 | customarily
acquired by a prolonged course of specialized | ||||||
9 | intellectual instruction and
study in an institution of higher | ||||||
10 | learning or a hospital, as distinguished
from a general | ||||||
11 | academic education or from an apprenticeship or from training
| ||||||
12 | in the performance of routine mental, manual, or physical | ||||||
13 | processes; or
(2) any employee, who (i) has completed the | ||||||
14 | courses of specialized
intellectual instruction and study | ||||||
15 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
16 | and (ii) is performing related work under the
supervision of a | ||||||
17 | professional person to qualify himself or herself to
become a | ||||||
18 | professional as defined in paragraph (l).
| ||||||
19 | (l) "Professional employee" means, in the case of any | ||||||
20 | public school
district, or combination of school districts | ||||||
21 | pursuant to joint agreement,
any employee who has a license | ||||||
22 | certificate issued under Article 21B 21 or Section 34-83
of | ||||||
23 | the School Code , as now or hereafter amended .
| ||||||
24 | (m) "Unit" or "bargaining unit" means any group of | ||||||
25 | employees for which
an exclusive representative is selected.
| ||||||
26 | (n) "Confidential employee" means an employee, who (i) in |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | the regular
course of his or her duties, assists and acts in a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | confidential capacity to
persons who formulate, determine and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | effectuate management policies with
regard to labor relations | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | or who (ii) in the regular course of his or her
duties has | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | access to information relating to the effectuation or review | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | of
the employer's collective bargaining policies.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (o) "Managerial employee" means an individual who is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | engaged
predominantly in executive and management functions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | and is charged with the
responsibility of directing the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | effectuation of such management policies and
practices.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (p) "Craft employee" means a skilled journeyman, craft | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | person, and his
or her apprentice or helper.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (q) "Short-term employee" is an employee who is employed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | for less than
2 consecutive calendar quarters during a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | calendar year and who does not
have a reasonable expectation | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | that he or she will be rehired by the same
employer for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | same service in a subsequent calendar year. Nothing in
this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | subsection shall affect the employee status of individuals who | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | were
covered by a collective bargaining agreement on the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | effective date of this
amendatory Act of 1991.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (Source: P.A. 101-380, eff. 1-1-20 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||