SB4056 EngrossedLRB102 25878 CMG 35234 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. "An Act concerning education", approved August
520, 2021, Public Act 102-466, is amended by changing Section
699 as follows:
 
7    (P.A. 102-466, Sec. 99)
8    Sec. 99. Effective date. This Section and the provisions
9adding Section 26A-15 of the School Code take effect on July 1,
102022. The remainder of this This Act takes effect July 1, 2025.
11(Source: P.A. 102-466, eff. 7-1-25.)
 
12    Section 10. The Property Tax Code is amended by changing
13Sections 18-50.1 and 18-241 as follows:
 
14    (35 ILCS 200/18-50.1)
15    Sec. 18-50.1. School Finance Authority and Financial
16Oversight Panel levies.
17    (a) (Blank). Notwithstanding any other law to the
18contrary, any levy adopted by a School Finance Authority
19created under Article 1F of the School Code is valid and shall
20be extended by the county clerk if it is certified to the
21county clerk by the Authority in sufficient time to allow the

 

 

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1county clerk to include the levy in the extension for the
2taxable year.
3    (b) Notwithstanding any other law to the contrary, any
4levy adopted by a Financial Oversight Panel created under
5Article 1H of the School Code and levied pursuant to Section
61H-75 of the School Code is valid and shall be extended by the
7county clerk if it is certified to the county clerk by the
8Panel in sufficient time to allow the county clerk to include
9the 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
13Oversight Panel.
14    (a) A School Finance Authority established under Article
151E or 1F of the School Code shall not be a taxing district for
16purposes of this Law. A Financial Oversight Panel established
17under Article 1H of the School Code shall not be a taxing
18district for purposes of this Law.
19    (b) This Law shall not apply to the extension of taxes for
20a school district for the levy year in which a School Finance
21Authority for the district is created pursuant to Article 1E
22or 1F of the School Code. This Law shall not apply to the
23extension of taxes for the purpose of repaying an emergency
24financial assistance loan levied pursuant to Section 1H-65 of
25the 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
3changing 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
6deductions.
7    (a) There shall be deducted from the salary of each
8teacher 7.50% of his salary for service or disability
9retirement pension and 0.5% of salary for the annual increase
10in base pension.
11    In addition, there shall be deducted from the salary of
12each teacher 1% of his salary for survivors' and children's
13pensions.
14    (b) An Employer and any employer of eligible contributors
15as defined in Section 17-106 is authorized to make the
16necessary deductions from the salaries of its teachers. Such
17amounts shall be included as a part of the Fund. An Employer
18and any employer of eligible contributors as defined in
19Section 17-106 shall formulate such rules and regulations as
20may be necessary to give effect to the provisions of this
21Section.
22    (c) All persons employed as teachers shall, by such
23employment, accept the provisions of this Article and of
24Sections 34-83.1 34-83 to 34-85, inclusive, of the School Code

 

 

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1"The School Code", approved March 18, 1961, as amended, and
2thereupon become contributors to the Fund in accordance with
3the terms thereof. The provisions of this Article and of those
4Sections shall become a part of the contract of employment.
5    (d) A person who (i) was a member before July 1, 1998, (ii)
6retires with more than 34 years of creditable service, and
7(iii) does not elect to qualify for the augmented rate under
8Section 17-119.1 shall be entitled, at the time of retirement,
9to receive a partial refund of contributions made under this
10Section for service occurring after the later of June 30, 1998
11or attainment of 34 years of creditable service, in an amount
12equal to 1.00% of the salary upon which those contributions
13were based.
14(Source: P.A. 97-8, eff. 6-13-11.)
 
15    Section 20. The School Code is amended by changing
16Sections 1A-4, 1B-6, 1B-7.10, 1B-8, 1E-35, 1E-40, 1H-30,
172-3.9, 2-3.11d, 2-3.25i, 2-3.103, 2-3.146, 10-21.7, 10-21.9,
1810-22.18, 10-22.23, 10-22.23a, 10-22.24a, 10-22.34, 10-22.34a,
1910-22.34b, 10-29, 13B-25.20, 13B-65, 13B-65.5, 14-1.09b,
2014-1.09.1, 14-1.09.2, 14-6.04, 14-7.05, 14-8.02d, 14-9.01,
2114-17, 18-8.15, 21B-20, 22-81, 27-23.7, 27-23.12, 34-1.1,
2234-2.3, 34-2.4a, 34-8.1, 34-18, 34-18.5, 34-18.10, and 34-43.1
23as 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).
3    B. The Board shall determine the qualifications of and
4appoint a chief education officer, to be known as the State
5Superintendent of Education, who may be proposed by the
6Governor and who shall serve at the pleasure of the Board and
7pursuant to a performance-based contract linked to statewide
8student performance and academic improvement within Illinois
9schools. Upon expiration or buyout of the contract of the
10State Superintendent of Education in office on the effective
11date of this amendatory Act of the 93rd General Assembly, a
12State Superintendent of Education shall be appointed by a
13State Board of Education that includes the 7 new Board members
14who were appointed to fill seats of members whose terms were
15terminated on the effective date of this amendatory Act of the
1693rd General Assembly. Thereafter, a State Superintendent of
17Education must, at a minimum, be appointed at the beginning of
18each term of a Governor after that Governor has made
19appointments to the Board. A performance-based contract issued
20for the employment of a State Superintendent of Education
21entered into on or after the effective date of this amendatory
22Act of the 93rd General Assembly must expire no later than
23February 1, 2007, and subsequent contracts must expire no
24later than February 1 each 4 years thereafter. No contract
25shall be extended or renewed beyond February 1, 2007 and
26February 1 each 4 years thereafter, but a State Superintendent

 

 

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1of Education shall serve until his or her successor is
2appointed. Each contract entered into on or before January 8,
32007 with a State Superintendent of Education must provide
4that the State Board of Education may terminate the contract
5for cause, and the State Board of Education shall not
6thereafter be liable for further payments under the contract.
7With regard to this amendatory Act of the 93rd General
8Assembly, it is the intent of the General Assembly that,
9beginning with the Governor who takes office on the second
10Monday of January, 2007, a State Superintendent of Education
11be appointed at the beginning of each term of a Governor after
12that Governor has made appointments to the Board. The State
13Superintendent of Education shall not serve as a member of the
14State Board of Education. The Board shall set the compensation
15of the State Superintendent of Education who shall serve as
16the Board's chief executive officer. The Board shall also
17establish the duties, powers and responsibilities of the State
18Superintendent, which shall be included in the State
19Superintendent's performance-based contract along with the
20goals and indicators of student performance and academic
21improvement used to measure the performance and effectiveness
22of the State Superintendent. The State Board of Education may
23delegate to the State Superintendent of Education the
24authority to act on the Board's behalf, provided such
25delegation is made pursuant to adopted board policy or the
26powers delegated are ministerial in nature. The State Board

 

 

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1may not delegate authority under this Section to the State
2Superintendent to (1) nonrecognize school districts, (2)
3withhold State payments as a penalty, or (3) make final
4decisions under the contested case provisions of the Illinois
5Administrative Procedure Act unless otherwise provided by law.
6    C. The powers and duties of the State Board of Education
7shall encompass all duties delegated to the Office of
8Superintendent of Public Instruction on January 12, 1975,
9except as the law providing for such powers and duties is
10thereafter amended, and such other powers and duties as the
11General Assembly shall designate. The Board shall be
12responsible for the educational policies and guidelines for
13public schools, pre-school through grade 12 and Vocational
14Education in the State of Illinois. The Board shall analyze
15the present and future aims, needs, and requirements of
16education in the State of Illinois and recommend to the
17General Assembly the powers which should be exercised by the
18Board. The Board shall recommend the passage and the
19legislation necessary to determine the appropriate
20relationship between the Board and local boards of education
21and the various State agencies and shall recommend desirable
22modifications in the laws which affect schools.
23    D. Two members of the Board shall be appointed by the
24chairperson to serve on a standing joint Education Committee,
252 others shall be appointed from the Board of Higher
26Education, 2 others shall be appointed by the chairperson of

 

 

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1the Illinois Community College Board, and 2 others shall be
2appointed by the chairperson of the Human Resource Investment
3Council. The Committee shall be responsible for making
4recommendations concerning the submission of any workforce
5development plan or workforce training program required by
6federal law or under any block grant authority. The Committee
7will be responsible for developing policy on matters of mutual
8concern to elementary, secondary and higher education such as
9Occupational and Career Education, Teacher Preparation and
10Licensure Certification, Educational Finance, Articulation
11between Elementary, Secondary and Higher Education and
12Research and Planning. The joint Education Committee shall
13meet at least quarterly and submit an annual report of its
14findings, conclusions, and recommendations to the State Board
15of Education, the Board of Higher Education, the Illinois
16Community College Board, the Human Resource Investment
17Council, the Governor, and the General Assembly. All meetings
18of this Committee shall be official meetings for reimbursement
19under this Act. On the effective date of this amendatory Act of
20the 95th General Assembly, the Joint Education Committee is
21abolished.
22    E. Five members of the Board shall constitute a quorum. A
23majority vote of the members appointed, confirmed and serving
24on the Board is required to approve any action, except that the
257 new Board members who were appointed to fill seats of members
26whose terms were terminated on the effective date of this

 

 

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1amendatory act of the 93rd General Assembly may vote to
2approve actions when appointed and serving.
3    Using the most recently available data, the Board shall
4prepare and submit to the General Assembly and the Governor on
5or before January 14, 1976 and annually thereafter a report or
6reports of its findings and recommendations. Such annual
7report shall contain a separate section which provides a
8critique and analysis of the status of education in Illinois
9and which identifies its specific problems and recommends
10express solutions therefor. Such annual report also shall
11contain the following information for the preceding year
12ending on June 30: each act or omission of a school district of
13which the State Board of Education has knowledge as a
14consequence of scheduled, approved visits and which
15constituted a failure by the district to comply with
16applicable State or federal laws or regulations relating to
17public education, the name of such district, the date or dates
18on which the State Board of Education notified the school
19district of such act or omission, and what action, if any, the
20school district took with respect thereto after being notified
21thereof by the State Board of Education. The report shall also
22include the statewide high school dropout rate by grade level,
23sex and race and the annual student dropout rate of and the
24number of students who graduate from, transfer from or
25otherwise leave bilingual programs. The Auditor General shall
26annually perform a compliance audit of the State Board of

 

 

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1Education's performance of the reporting duty imposed by this
2amendatory Act of 1986. A regular system of communication with
3other directly related State agencies shall be implemented.
4    The requirement for reporting to the General Assembly
5shall be satisfied by filing copies of the report with the
6Speaker, the Minority Leader and the Clerk of the House of
7Representatives and the President, the Minority Leader and the
8Secretary of the Senate and the Legislative Council, as
9required by Section 3.1 of the General Assembly Organization
10Act, and filing such additional copies with the State
11Government Report Distribution Center for the General Assembly
12as is required under paragraph (t) of Section 7 of the State
13Library Act.
14    F. Upon appointment of the 7 new Board members who were
15appointed to fill seats of members whose terms were terminated
16on the effective date of this amendatory Act of the 93rd
17General Assembly, the Board shall review all of its current
18rules in an effort to streamline procedures, improve
19efficiency, 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
23Oversight Panel shall be to exercise financial control over
24the board of education, and, when approved by the State Board
25and the State Superintendent of Education, to furnish

 

 

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1financial assistance so that the board can provide public
2education within the board's jurisdiction while permitting the
3board to meet its obligations to its creditors and the holders
4of its notes and bonds. Except as expressly limited by this
5Article, the Panel shall have all powers necessary to meet its
6responsibilities and to carry out its purposes and the
7purposes of this Article, including, but not limited to, the
8following 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

 

 

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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;

 

 

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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

 

 

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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
24Administrator under Section 1B-7 of this Code, a school
25district under the authority of a Financial Oversight Panel,

 

 

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1after consultation with the Financial Oversight Panel, may
2appoint a chief fiscal officer who, under the direction of the
3school board and Financial Oversight Panel, shall have the
4powers and duties of the district's chief school business
5official and any other duties regarding budgeting, accounting,
6and other financial matters that are assigned by the school
7board or Financial Oversight Panel in accordance with this
8Code. The district may not employ a chief school business
9official during the period that the chief fiscal officer is
10serving in the district. The chief fiscal officer may but is
11not required to hold an educator license a certificate with a
12chief school business official endorsement issued under
13Article 21B 21 of this Code.
14    (b) The Financial Oversight Panel shall have the final
15approval of the chief fiscal officer position under this
16Section as well as the person, based upon his or her skills to
17fulfill 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
21special fund to be known as the School District Emergency
22Financial Assistance Fund (the "Fund"). The School District
23Emergency Financial Assistance Fund shall consist of
24appropriations, loan repayments, grants from the federal
25government, and donations from any public or private source.

 

 

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1Moneys in the Fund may be appropriated only to the Illinois
2Finance Authority and the State Board for those purposes
3authorized under this Article and Article Articles 1F and 1H
4of this Code. The appropriation may be allocated and expended
5by the State Board for contractual services to provide
6technical assistance or consultation to school districts to
7assess their financial condition and to Financial Oversight
8Panels that petition for emergency financial assistance
9grants. The Illinois Finance Authority may provide loans to
10school districts which are the subject of an approved petition
11for emergency financial assistance under Section 1B-4, 1F-62,
12or 1H-65 of this Code. Neither the State Board of Education nor
13the Illinois Finance Authority may collect any fees for
14providing these services.
15    From the amount allocated to each such school district
16under this Article the State Board shall identify a sum
17sufficient to cover all approved costs of the Financial
18Oversight Panel established for the respective school
19district. If the State Board and State Superintendent of
20Education have not approved emergency financial assistance in
21conjunction with the appointment of a Financial Oversight
22Panel, the Panel's approved costs shall be paid from
23deductions from the district's general State aid or
24evidence-based funding.
25    The Financial Oversight Panel may prepare and file with
26the State Superintendent a proposal for emergency financial

 

 

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1assistance for the school district and for its operations
2budget. No expenditures from the Fund shall be authorized by
3the State Superintendent until he or she has approved the
4request of the Panel, either as submitted or in such lesser
5amount determined by the State Superintendent.
6    The maximum amount of an emergency financial assistance
7loan which may be allocated to any school district under this
8Article, including moneys necessary for the operations of the
9Panel, shall not exceed $4,000 times the number of pupils
10enrolled in the school district during the school year ending
11June 30 prior to the date of approval by the State Board of the
12petition for emergency financial assistance, as certified to
13the local board and the Panel by the State Superintendent. An
14emergency financial assistance grant shall not exceed $1,000
15times the number of such pupils. A district may receive both a
16loan and a grant.
17    The payment of an emergency State financial assistance
18grant or loan shall be subject to appropriation by the General
19Assembly. Payment of the emergency State financial assistance
20loan is subject to the applicable provisions of the Illinois
21Finance Authority Act. Emergency State financial assistance
22allocated and paid to a school district under this Article may
23be applied to any fund or funds from which the local board of
24education of that district is authorized to make expenditures
25by law.
26    Any emergency financial assistance grant proposed by the

 

 

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1Financial Oversight Panel and approved by the State
2Superintendent may be paid in its entirety during the initial
3year of the Panel's existence or spread in equal or declining
4amounts over a period of years not to exceed the period of the
5Panel's existence. An emergency financial assistance loan
6proposed by the Financial Oversight Panel and approved by the
7Illinois Finance Authority may be paid in its entirety during
8the initial year of the Panel's existence or spread in equal or
9declining amounts over a period of years not to exceed the
10period of the Panel's existence. All loans made by the
11Illinois Finance Authority for a school district shall be
12required to be repaid, with simple interest over the term of
13the loan at a rate equal to 50% of the one-year Constant
14Maturity Treasury (CMT) yield as last published by the Board
15of Governors of the Federal Reserve System before the date on
16which the district's loan is approved by the Illinois Finance
17Authority, not later than the date the Financial Oversight
18Panel ceases to exist. The Panel shall establish and the
19Illinois Finance Authority shall approve the terms and
20conditions, including the schedule, of repayments. The
21schedule shall provide for repayments commencing July 1 of
22each year or upon each fiscal year's receipt of moneys from a
23tax levy for emergency financial assistance. Repayment shall
24be incorporated into the annual budget of the school district
25and may be made from any fund or funds of the district in which
26there are moneys available. An emergency financial assistance

 

 

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1loan to the Panel or district shall not be considered part of
2the calculation of a district's debt for purposes of the
3limitation specified in Section 19-1 of this Code. Default on
4repayment is subject to the Illinois Grant Funds Recovery Act.
5When moneys are repaid as provided herein they shall not be
6made available to the local board for further use as emergency
7financial assistance under this Article at any time
8thereafter. All repayments required to be made by a school
9district shall be received by the State Board and deposited in
10the School District Emergency Financial Assistance Fund.
11    In establishing the terms and conditions for the repayment
12obligation of the school district the Panel shall annually
13determine whether a separate local property tax levy is
14required. The board of any school district with a tax rate for
15educational purposes for the prior year of less than 120% of
16the maximum rate for educational purposes authorized by
17Section 17-2 shall provide for a separate tax levy for
18emergency financial assistance repayment purposes. Such tax
19levy shall not be subject to referendum approval. The amount
20of the levy shall be equal to the amount necessary to meet the
21annual repayment obligations of the district as established by
22the Panel, or 20% of the amount levied for educational
23purposes for the prior year, whichever is less. However, no
24district shall be required to levy the tax if the district's
25operating tax rate as determined under Section 18-8, 18-8.05,
26or 18-8.15 exceeds 200% of the district's tax rate for

 

 

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1educational 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
5105 ILCS 5/1E-165)
6    Sec. 1E-35. Chief educational officer. Upon expiration of
7the contract of the school district's superintendent who is
8serving at the time the Authority is established, the
9Authority shall, following consultation with the district,
10employ a chief educational officer for the district. The chief
11educational officer shall report to the Authority or the chief
12executive officer appointed by the Authority.
13    The chief educational officer shall have authority to
14determine the agenda and order of business at school board
15meetings, as needed in order to carry forward and implement
16the objectives and priorities of the Authority in the
17administration and management of the district.
18    The chief educational officer shall have all of the powers
19and duties of a school district superintendent under this Code
20and such other duties as may be assigned by the Authority, in
21accordance with this Code. The district shall not thereafter
22employ a superintendent during the period that a chief
23educational officer is serving in the district. The chief
24educational officer shall hold a Professional Educator License
25certificate with a superintendent endorsement issued under

 

 

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1Article 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
5105 ILCS 5/1E-165)
6    Sec. 1E-40. Chief fiscal officer. The Authority may
7appoint a chief fiscal officer who, under the direction of the
8Authority, shall have all of the powers and duties of the
9district's chief school business official and any other duties
10regarding budgeting, accounting, and other financial matters
11that are assigned by the Authority, in accordance with this
12Code. The district may not employ a chief school business
13official during the period that the chief fiscal officer is
14serving in the district. The chief fiscal officer may but is
15not required to hold an educator license a certificate with a
16chief school business official endorsement issued under
17Article 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
21under this Section if it is so warranted. These individuals
22may 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

 

 

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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.

 

 

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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
21a chief school business official under this Section must hold
22the appropriate license certification for these positions.
23Individuals employed by the Panel as a chief executive
24officer, chief educational officer, or chief fiscal officer
25under this Section are not required to hold licensure
26certification. A chief educational officer under this Section

 

 

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1must not be employed by the Panel during a period a
2superintendent is employed by the district and a chief fiscal
3officer under this Section must not be employed by the Panel
4during a period a chief school business official is employed
5by 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
8executive 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
12certificates. Subject to the provisions of Article 21B 21, to
13grant licenses certificates to such teachers as may be found
14qualified to receive them and to suspend the operation of any
15State license certificate for immorality or other
16unprofessional 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
20preparation and licensure certification. To Beginning with the
21effective date of this amendatory Act of the 94th General
22Assembly, to collect and maintain all of the following data
23for each institution of higher education engaged in teacher
24preparation in this State:

 

 

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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.
9The data regarding content-area subject-matter tests shall be
10reported in sum, rather than by separately listing each
11content area subject, in order to better protect the identity
12of the test-takers.
13    On or before August 1, 2007, the State Board of Education
14shall file with the General Assembly and the Governor and
15shall make available to the public a report listing the
16institutions of higher education engaged in teacher
17preparation 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,
20the State Board of Education shall file with the General
21Assembly and the Governor and shall make available to the
22public a report listing the institutions of higher education
23engaged in teacher preparation in this State, along with the
24data listed in items (1) through (4) of this Section pertinent
25to each institution.
26(Source: P.A. 96-1423, eff. 8-3-10.)
 

 

 

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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
3promulgate rules and regulations necessary to implement the
4provisions of Public Act 87-559 and this amendatory Act of the
593rd General Assembly. The State Board of Education may waive
6any of its rules or regulations which conflict with Public Act
787-559 or this amendatory Act of the 93rd General Assembly
8except those requirements for special education and teacher
9licensure 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
13year commencing on or after January 1, 1992, the State Board of
14Education shall conduct, in each school district, a school
15district salary and benefits survey covering the district's
16licensed certificated and educational support personnel.
17However, the collection of information covering educational
18support personnel must be limited to districts with 1,000 or
19more students enrolled.
20    A survey form shall be developed and furnished by the
21State Board of Education to each school district on or before
22October 1 of the school year covered by the survey, and each
23school district shall submit a completed survey to the State
24Board of Education on or before February 1 of the school year

 

 

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1covered by the survey.
2    The State Board of Education shall compile, by April 30 of
3the school year covered by the survey, a statewide salary and
4benefit survey report based upon the surveys completed and
5submitted for that school year by the individual school
6districts as required by this Section, and shall make the
7survey report available to all school districts and to all
8"employee organizations" as defined in Section 2 of the
9Illinois Educational Labor Relations Act.
10    The data required to be reported by each school district
11on the salary and benefits survey developed and furnished
12under this Section for the school year covered by the survey
13shall 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
14State Board of Education, on or before February 1 of the school
15year covered by the survey, as required by this Section, a copy
16of each salary schedule, salary policy, and negotiated
17agreement which is identified or otherwise referred to in the
18completed 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.
22There is created a grant program, subject to appropriation,
23for severely overcrowded schools. The State Board of Education
24shall administer the program. Grant funds may be used for
25purposes of relieving overcrowding. In order for a school

 

 

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1district to be eligible for a grant under this Section, (i) the
2main administrative office of the district must be located in
3a city of 85,000 or more in population, according to the 2000
4U.S. Census, and (ii) the school district must have a
5district-wide percentage of low-income students of 70% or
6more, as identified by the 2005-2006 School Report Cards
7published by the State Board of Education, and (iii) the
8school district must not be eligible for a fast growth grant
9under Section 18-8.10 of this Code. The State Board of
10Education shall distribute the funds on a proportional basis
11with no single district receiving more than 75% of the funds in
12any given year. The State Board of Education may adopt rules as
13needed for the implementation and distribution of grants under
14this 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
19elementary or secondary school.
20    (b) Upon receipt of a written complaint from any school
21personnel, the school superintendent, or other appropriate
22administrative officer for a private school, shall report all
23incidents of battery committed against teachers, teacher
24personnel, administrative personnel or educational support
25personnel to the local law enforcement authorities immediately

 

 

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1after the occurrence of the attack. Schools shall also report
2all of these incidents to the State Board of Education through
3existing school incident reporting systems as they occur
4during the year by no later than August 1 for the preceding
5school year. The State Board of Education shall report data by
6school district, as collected from school districts, in an
7annual report of attacks on school personnel and make it
8available to the public via its website. The local law
9enforcement authority shall, by March 1 of each year, report
10the required data from the previous year to the Illinois State
11Police's Illinois Uniform Crime Reporting Program. and to the
12Illinois State Police's Illinois Uniform Crime Reporting
13Program no later than 3 days after the occurrence of the
14attack. The State Board of Education shall receive monthly as
15well as annual statistical compilations of attacks on school
16personnel from the Illinois State Police through the Illinois
17Uniform Crime Reporting Program. The State Board of Education
18shall compile this information by school district and make it
19available 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
23of the Statewide Sex Offender Database and Statewide Murderer
24and Violent Offender Against Youth Database.
25    (a) Licensed and nonlicensed applicants for employment

 

 

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1with a school district, except school bus driver applicants,
2are required as a condition of employment to authorize a
3fingerprint-based criminal history records check to determine
4if such applicants have been convicted of any disqualifying,
5enumerated criminal or drug offenses in subsection (c) of this
6Section or have been convicted, within 7 years of the
7application for employment with the school district, of any
8other felony under the laws of this State or of any offense
9committed or attempted in any other state or against the laws
10of the United States that, if committed or attempted in this
11State, would have been punishable as a felony under the laws of
12this State. Authorization for the check shall be furnished by
13the applicant to the school district, except that if the
14applicant is a substitute teacher seeking employment in more
15than one school district, a teacher seeking concurrent
16part-time employment positions with more than one school
17district (as a reading specialist, special education teacher
18or otherwise), or an educational support personnel employee
19seeking employment positions with more than one district, any
20such district may require the applicant to furnish
21authorization for the check to the regional superintendent of
22the educational service region in which are located the school
23districts in which the applicant is seeking employment as a
24substitute or concurrent part-time teacher or concurrent
25educational support personnel employee. Upon receipt of this
26authorization, the school district or the appropriate regional

 

 

SB4056 Engrossed- 35 -LRB102 25878 CMG 35234 b

1superintendent, as the case may be, shall submit the
2applicant's name, sex, race, date of birth, social security
3number, fingerprint images, and other identifiers, as
4prescribed by the Illinois State Police, to the Illinois State
5Police. The regional superintendent submitting the requisite
6information to the Illinois State Police shall promptly notify
7the school districts in which the applicant is seeking
8employment as a substitute or concurrent part-time teacher or
9concurrent educational support personnel employee that the
10check of the applicant has been requested. The Illinois State
11Police and the Federal Bureau of Investigation shall furnish,
12pursuant to a fingerprint-based criminal history records
13check, records of convictions, forever and hereinafter, until
14expunged, to the president of the school board for the school
15district that requested the check, or to the regional
16superintendent who requested the check. The Illinois State
17Police shall charge the school district or the appropriate
18regional superintendent a fee for conducting such check, which
19fee shall be deposited in the State Police Services Fund and
20shall not exceed the cost of the inquiry; and the applicant
21shall not be charged a fee for such check by the school
22district or by the regional superintendent, except that those
23applicants seeking employment as a substitute teacher with a
24school district may be charged a fee not to exceed the cost of
25the inquiry. Subject to appropriations for these purposes, the
26State Superintendent of Education shall reimburse school

 

 

SB4056 Engrossed- 36 -LRB102 25878 CMG 35234 b

1districts and regional superintendents for fees paid to obtain
2criminal history records checks under this Section.
3    (a-5) The school district or regional superintendent shall
4further perform a check of the Statewide Sex Offender
5Database, as authorized by the Sex Offender Community
6Notification Law, for each applicant. The check of the
7Statewide Sex Offender Database must be conducted by the
8school district or regional superintendent once for every 5
9years that an applicant remains employed by the school
10district.
11    (a-6) The school district or regional superintendent shall
12further perform a check of the Statewide Murderer and Violent
13Offender Against Youth Database, as authorized by the Murderer
14and Violent Offender Against Youth Community Notification Law,
15for each applicant. The check of the Murderer and Violent
16Offender Against Youth Database must be conducted by the
17school district or regional superintendent once for every 5
18years that an applicant remains employed by the school
19district.
20    (b) Any information concerning the record of convictions
21obtained by the president of the school board or the regional
22superintendent shall be confidential and may only be
23transmitted to the superintendent of the school district or
24his designee, the appropriate regional superintendent if the
25check was requested by the school district, the presidents of
26the appropriate school boards if the check was requested from

 

 

SB4056 Engrossed- 37 -LRB102 25878 CMG 35234 b

1the Illinois State Police by the regional superintendent, the
2State Board of Education and a school district as authorized
3under subsection (b-5), the State Superintendent of Education,
4the State Educator Preparation and Licensure Board, any other
5person necessary to the decision of hiring the applicant for
6employment, or for clarification purposes the Illinois State
7Police or Statewide Sex Offender Database, or both. A copy of
8the record of convictions obtained from the Illinois State
9Police shall be provided to the applicant for employment. Upon
10the check of the Statewide Sex Offender Database or Statewide
11Murderer and Violent Offender Against Youth Database, the
12school district or regional superintendent shall notify an
13applicant as to whether or not the applicant has been
14identified in the Database. If a check of an applicant for
15employment as a substitute or concurrent part-time teacher or
16concurrent educational support personnel employee in more than
17one school district was requested by the regional
18superintendent, and the Illinois State Police upon a check
19ascertains that the applicant has not been convicted of any of
20the enumerated criminal or drug offenses in subsection (c) of
21this Section or has not been convicted, within 7 years of the
22application for employment with the school district, of any
23other felony under the laws of this State or of any offense
24committed or attempted in any other state or against the laws
25of the United States that, if committed or attempted in this
26State, would have been punishable as a felony under the laws of

 

 

SB4056 Engrossed- 38 -LRB102 25878 CMG 35234 b

1this State and so notifies the regional superintendent and if
2the regional superintendent upon a check ascertains that the
3applicant has not been identified in the Sex Offender Database
4or Statewide Murderer and Violent Offender Against Youth
5Database, then the regional superintendent shall issue to the
6applicant a certificate evidencing that as of the date
7specified by the Illinois State Police the applicant has not
8been convicted of any of the enumerated criminal or drug
9offenses in subsection (c) of this Section or has not been
10convicted, within 7 years of the application for employment
11with the school district, of any other felony under the laws of
12this State or of any offense committed or attempted in any
13other state or against the laws of the United States that, if
14committed or attempted in this State, would have been
15punishable as a felony under the laws of this State and
16evidencing that as of the date that the regional
17superintendent conducted a check of the Statewide Sex Offender
18Database or Statewide Murderer and Violent Offender Against
19Youth Database, the applicant has not been identified in the
20Database. The school board of any school district may rely on
21the certificate issued by any regional superintendent to that
22substitute teacher, concurrent part-time teacher, or
23concurrent educational support personnel employee or may
24initiate its own criminal history records check of the
25applicant through the Illinois State Police and its own check
26of the Statewide Sex Offender Database or Statewide Murderer

 

 

SB4056 Engrossed- 39 -LRB102 25878 CMG 35234 b

1and Violent Offender Against Youth Database as provided in
2this Section. Any unauthorized release of confidential
3information may be a violation of Section 7 of the Criminal
4Identification Act.
5    (b-5) If a criminal history records check or check of the
6Statewide Sex Offender Database or Statewide Murderer and
7Violent Offender Against Youth Database is performed by a
8regional superintendent for an applicant seeking employment as
9a substitute teacher with a school district, the regional
10superintendent may disclose to the State Board of Education
11whether the applicant has been issued a certificate under
12subsection (b) based on those checks. If the State Board
13receives information on an applicant under this subsection,
14then it must indicate in the Educator Licensure Information
15System for a 90-day period that the applicant has been issued
16or has not been issued a certificate.
17    (c) No school board shall knowingly employ a person who
18has been convicted of any offense that would subject him or her
19to license suspension or revocation pursuant to Section 21B-80
20of this Code, except as provided under subsection (b) of
21Section 21B-80. Further, no school board shall knowingly
22employ a person who has been found to be the perpetrator of
23sexual or physical abuse of any minor under 18 years of age
24pursuant to proceedings under Article II of the Juvenile Court
25Act of 1987. As a condition of employment, each school board
26must consider the status of a person who has been issued an

 

 

SB4056 Engrossed- 40 -LRB102 25878 CMG 35234 b

1indicated finding of abuse or neglect of a child by the
2Department of Children and Family Services under the Abused
3and Neglected Child Reporting Act or by a child welfare agency
4of another jurisdiction.
5    (d) No school board shall knowingly employ a person for
6whom a criminal history records check and a Statewide Sex
7Offender Database check have not been initiated.
8    (e) Within 10 days after a superintendent, regional office
9of education, or entity that provides background checks of
10license holders to public schools receives information of a
11pending criminal charge against a license holder for an
12offense set forth in Section 21B-80 of this Code, the
13superintendent, regional office of education, or entity must
14notify the State Superintendent of Education of the pending
15criminal charge.
16    If permissible by federal or State law, no later than 15
17business days after receipt of a record of conviction or of
18checking the Statewide Murderer and Violent Offender Against
19Youth Database or the Statewide Sex Offender Database and
20finding a registration, the superintendent of the employing
21school board or the applicable regional superintendent shall,
22in writing, notify the State Superintendent of Education of
23any license holder who has been convicted of a crime set forth
24in Section 21B-80 of this Code. Upon receipt of the record of a
25conviction of or a finding of child abuse by a holder of any
26license issued pursuant to Article 21B or Section 34-8.1 or

 

 

SB4056 Engrossed- 41 -LRB102 25878 CMG 35234 b

134-83 of this the School Code, the State Superintendent of
2Education may initiate licensure suspension and revocation
3proceedings as authorized by law. If the receipt of the record
4of conviction or finding of child abuse is received within 6
5months after the initial grant of or renewal of a license, the
6State Superintendent of Education may rescind the license
7holder's license.
8    (e-5) The superintendent of the employing school board
9shall, in writing, notify the State Superintendent of
10Education and the applicable regional superintendent of
11schools of any license holder whom he or she has reasonable
12cause to believe has committed an intentional act of abuse or
13neglect with the result of making a child an abused child or a
14neglected child, as defined in Section 3 of the Abused and
15Neglected Child Reporting Act, and that act resulted in the
16license holder's dismissal or resignation from the school
17district. This notification must be submitted within 30 days
18after the dismissal or resignation and must include the
19Illinois Educator Identification Number (IEIN) of the license
20holder and a brief description of the misconduct alleged. The
21license holder must also be contemporaneously sent a copy of
22the notice by the superintendent. All correspondence,
23documentation, and other information so received by the
24regional superintendent of schools, the State Superintendent
25of Education, the State Board of Education, or the State
26Educator Preparation and Licensure Board under this subsection

 

 

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1(e-5) is confidential and must not be disclosed to third
2parties, except (i) as necessary for the State Superintendent
3of Education or his or her designee to investigate and
4prosecute pursuant to Article 21B of this Code, (ii) pursuant
5to a court order, (iii) for disclosure to the license holder or
6his or her representative, or (iv) as otherwise provided in
7this Article and provided that any such information admitted
8into evidence in a hearing is exempt from this confidentiality
9and non-disclosure requirement. Except for an act of willful
10or wanton misconduct, any superintendent who provides
11notification as required in this subsection (e-5) shall have
12immunity from any liability, whether civil or criminal or that
13otherwise might result by reason of such action.
14    (f) After January 1, 1990 the provisions of this Section
15shall apply to all employees of persons or firms holding
16contracts with any school district including, but not limited
17to, food service workers, school bus drivers and other
18transportation employees, who have direct, daily contact with
19the pupils of any school in such district. For purposes of
20criminal history records checks and checks of the Statewide
21Sex Offender Database on employees of persons or firms holding
22contracts with more than one school district and assigned to
23more than one school district, the regional superintendent of
24the educational service region in which the contracting school
25districts are located may, at the request of any such school
26district, be responsible for receiving the authorization for a

 

 

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1criminal history records check prepared by each such employee
2and submitting the same to the Illinois State Police and for
3conducting a check of the Statewide Sex Offender Database for
4each employee. Any information concerning the record of
5conviction and identification as a sex offender of any such
6employee obtained by the regional superintendent shall be
7promptly reported to the president of the appropriate school
8board or school boards.
9    (f-5) Upon request of a school or school district, any
10information obtained by a school district pursuant to
11subsection (f) of this Section within the last year must be
12made available to the requesting school or school district.
13    (g) Prior to the commencement of any student teaching
14experience or required internship (which is referred to as
15student teaching in this Section) in the public schools, a
16student teacher is required to authorize a fingerprint-based
17criminal history records check. Authorization for and payment
18of the costs of the check must be furnished by the student
19teacher to the school district where the student teaching is
20to be completed. Upon receipt of this authorization and
21payment, the school district shall submit the student
22teacher's name, sex, race, date of birth, social security
23number, fingerprint images, and other identifiers, as
24prescribed by the Illinois State Police, to the Illinois State
25Police. The Illinois State Police and the Federal Bureau of
26Investigation shall furnish, pursuant to a fingerprint-based

 

 

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1criminal history records check, records of convictions,
2forever and hereinafter, until expunged, to the president of
3the school board for the school district that requested the
4check. The Illinois State Police shall charge the school
5district a fee for conducting the check, which fee must not
6exceed the cost of the inquiry and must be deposited into the
7State Police Services Fund. The school district shall further
8perform a check of the Statewide Sex Offender Database, as
9authorized by the Sex Offender Community Notification Law, and
10of the Statewide Murderer and Violent Offender Against Youth
11Database, as authorized by the Murderer and Violent Offender
12Against Youth Registration Act, for each student teacher. No
13school board may knowingly allow a person to student teach for
14whom a criminal history records check, a Statewide Sex
15Offender Database check, and a Statewide Murderer and Violent
16Offender Against Youth Database check have not been completed
17and reviewed by the district.
18    A copy of the record of convictions obtained from the
19Illinois State Police must be provided to the student teacher.
20Any information concerning the record of convictions obtained
21by the president of the school board is confidential and may
22only be transmitted to the superintendent of the school
23district or his or her designee, the State Superintendent of
24Education, the State Educator Preparation and Licensure Board,
25or, for clarification purposes, the Illinois State Police or
26the Statewide Sex Offender Database or Statewide Murderer and

 

 

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1Violent Offender Against Youth Database. Any unauthorized
2release of confidential information may be a violation of
3Section 7 of the Criminal Identification Act.
4    No school board shall knowingly allow a person to student
5teach who has been convicted of any offense that would subject
6him or her to license suspension or revocation pursuant to
7subsection (c) of Section 21B-80 of this Code, except as
8provided under subsection (b) of Section 21B-80. Further, no
9school board shall allow a person to student teach if he or she
10has been found to be the perpetrator of sexual or physical
11abuse of a minor under 18 years of age pursuant to proceedings
12under Article II of the Juvenile Court Act of 1987. Each school
13board must consider the status of a person to student teach who
14has been issued an indicated finding of abuse or neglect of a
15child by the Department of Children and Family Services under
16the Abused and Neglected Child Reporting Act or by a child
17welfare agency of another jurisdiction.
18    (h) (Blank).
19(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
20101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
211-1-22; 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
24for the instruction of children between the ages of 4 and 6
25years, if in their judgment the public interest requires it,

 

 

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1and to pay the necessary expenses thereof out of the school
2funds of the district. Upon petition of at least 50 parents or
3guardians of children between the ages of 4 and 6, residing
4within any school district and within one mile of the public
5school where such kindergarten is proposed to be established,
6the board of directors shall, if funds are available,
7establish a kindergarten in connection with the public school
8designated in the petition and maintain it as long as the
9annual average daily attendance therein is not less than 15.
10The board may establish a kindergarten with half-day
11attendance or with full-day attendance. If the board
12establishes full-day kindergarten, it shall also establish
13half-day kindergarten. No one shall be employed to teach in a
14kindergarten who does not hold a license certificate as
15provided 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
19professional nurse and define the duties of the school nurse
20within the guidelines of rules and regulations promulgated by
21the State Board of Education. Any school nurse first employed
22on or after July 1, 1976, whose duties require teaching or the
23exercise of instructional judgment or educational evaluation
24of pupils, must be licensed certificated under Section 21B-25
2521-25 of this Code Act. School districts may employ

 

 

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1nonlicensed non-certificated registered professional nurses to
2perform 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
6a chief school business official and define the duties of the
7chief school business official. Any chief school business
8official first employed on or after July 1, 1977 shall be
9licensed certificated under Article 21B Section 21-7.1. For
10the purposes of this Section, experience as a school business
11official in an Illinois public school district prior to July
121, 1977 shall be deemed the equivalent of licensure
13certification.
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
17counselors. A school counselor is a qualified specialist who
18holds a Professional Educator License with a school support
19personnel endorsement in the area of school counseling School
20Service Personnel certificate endorsed in school counseling
21issued pursuant to Section 21B-25 21-25 of this Code and who
22either (i) holds or is qualified for an elementary, secondary,
23special K-12, or special preschool-age 22 endorsement on a
24Professional Educator License 21 certificate issued pursuant

 

 

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1to Section 21B-20 or 21B-25 21-2 or 21-4 of this Code or (ii)
2in lieu of holding or qualifying for a teaching endorsement on
3a Professional Educator License certificate, has fulfilled
4such other requirements as the State Board of Education and
5the State Teacher Certification Board may by rule establish.
6An individual who has completed an approved program in another
7state may apply for a Professional Educator License School
8Service Personnel certificate endorsed in school counseling
9and shall receive such a license certificate if a review of his
10or her credentials indicates that he or she meets the
11additional requirements of this Section. Only persons so
12licensed 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
17utilize volunteer personnel for: (1) non-teaching duties not
18requiring instructional judgment or evaluation of pupils; and
19(2) supervising study halls, long distance teaching reception
20areas used incident to instructional programs transmitted by
21electronic media such as computers, video, and audio, and
22detention and discipline areas, and school-sponsored
23extracurricular activities.
24    (b) School boards may further utilize volunteer
25nonlicensed non-certificated personnel or employ nonlicensed

 

 

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1non-certificated personnel to assist in the instruction of
2pupils under the immediate supervision of a teacher, holding a
3valid license certificate, directly engaged in teaching
4subject matter or conducting activities. The teacher shall be
5continuously aware of the nonlicensed non-certificated
6persons' activities and shall be able to control or modify
7them. The State Board of Education, in consultation with the
8State Educator Preparation and Licensure Teacher Certification
9Board, shall determine qualifications of such personnel and
10shall prescribe rules for determining the duties and
11activities to be assigned to such personnel. In the
12determination of qualifications of such personnel, the State
13Board of Education shall accept coursework earned in a
14recognized institution or from an institution of higher
15learning accredited by the North Central Association or other
16comparable regional accrediting association and shall accept
17qualifications based on relevant life experiences as
18determined by the State Board of Education by rule.
19    (b-5) A school board may utilize volunteer personnel from
20a regional School Crisis Assistance Team (S.C.A.T.), created
21as part of the Safe to Learn Program established pursuant to
22Section 25 of the Illinois Violence Prevention Act of 1995, to
23provide assistance to schools in times of violence or other
24traumatic incidents within a school community by providing
25crisis intervention services to lessen the effects of
26emotional trauma on individuals and the community. The School

 

 

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1Crisis Assistance Team Steering Committee shall determine the
2qualifications for volunteers.
3    (c) School boards may also employ students holding a
4bachelor's degree from a recognized institution of higher
5learning as teaching interns when such students are enrolled
6in a college or university internship program, which has prior
7approval by the State Board of Education, in consultation with
8the State Educator Preparation and Licensure Teacher
9Certification Board, leading to a masters degree.
10    Regional offices of education have the authority to
11initiate and collaborate with institutions of higher learning
12to establish internship programs referenced in this subsection
13(c). The State Board of Education has 90 days from receiving a
14written proposal to establish the internship program to seek
15the State Educator Preparation and Licensure Teacher
16Certification Board's consultation on the internship program.
17If the State Board of Education does not consult the State
18Educator Preparation and Licensure Teacher Certification Board
19within 90 days, the regional office of education may seek the
20State Educator Preparation and Licensure Teacher Certification
21Board's consultation without the State Board of Education's
22approval.
23    (d) Nothing in this Section shall require constant
24supervision of a student teacher enrolled in a student
25teaching course at a college or university, provided such
26activity has the prior approval of the representative of the

 

 

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1higher education institution and teaching plans have
2previously been discussed with and approved by the supervising
3teacher and further provided that such teaching is within
4guidelines established by the State Board of Education in
5consultation with the State Educator Preparation and Licensure
6Teacher Certification Board.
7(Source: P.A. 92-200, eff. 1-1-02; 92-724, eff. 7-25-02;
893-332, 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
11designate nonlicensed non-certificated persons of good
12character to serve as supervisors, chaperones or sponsors,
13either on a voluntary or on a compensated basis, for school
14activities not connected with the academic program of the
15schools.
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
19personnel. To utilize nonlicensed noncertificated persons,
20under the direction of a licensed certificated teacher, for
21providing specialized instruction related to a course assigned
22to the licensed certificated teacher on a regular basis, not
23otherwise readily available in the immediate school
24environment, in the fields for which they are particularly

 

 

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1qualified by reason of their specialized knowledge or skills.
2The duration of the instruction shall be determined by the
3licensed certificated teacher under whose direction the
4program is conducted in view of the educational need to be
5satisfied.
6    Before a nonlicensed noncertificated person may be
7utilized for such specialized instruction, the school board
8must secure the written approval of the regional
9superintendent of schools as to the qualifications of the
10particular nonlicensed noncertificated person, the particular
11instruction he or she is to provide, the specific functions to
12be served, the total number of hours he or she is to provide
13such instruction and any compensation to be paid that person.
14The State Board of Education shall prescribe, by rule,
15criteria for determining qualifications of such persons and
16the nature of specialized instruction for which, and the
17extent to which, such persons may be used.
18    Nothing in this Section shall prevent the utilization of a
19person with specialized knowledge or experiences as a guest
20lecturer or resource person in the classroom under the direct
21supervision of a licensed certificated teacher assigned to the
22classroom on a regular basis, with prior approval of the
23school administration.
24(Source: P.A. 81-1508.)
 
25    (105 ILCS 5/10-29)

 

 

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1    Sec. 10-29. Remote educational programs.
2    (a) For purposes of this Section, "remote educational
3program" means an educational program delivered to students in
4the home or other location outside of a school building that
5meets 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
23does not include instruction delivered to students through an
24e-learning program approved under Section 10-20.56 of this
25Code.
26    (b) A school district may, by resolution of its school

 

 

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1board, establish a remote educational program.
2    (c) (Blank).
3    (d) The impact of remote educational programs on wages,
4hours, and terms and conditions of employment of educational
5employees within the school district shall be subject to local
6collective bargaining agreements.
7    (e) The use of a home or other location outside of a school
8building for a remote educational program shall not cause the
9home or other location to be deemed a public school facility.
10    (f) A remote educational program may be used, but is not
11required, for instruction delivered to a student in the home
12or other location outside of a school building that is not
13claimed for evidence-based funding purposes under Section
1418-8.15 of this Code.
15    (g) School districts that, pursuant to this Section, adopt
16a policy for a remote educational program must submit to the
17State Board of Education a copy of the policy and any
18amendments thereto, as well as data on student participation
19in a format specified by the State Board of Education. The
20State Board of Education may perform or contract with an
21outside entity to perform an evaluation of remote educational
22programs in this State.
23    (h) The State Board of Education may adopt any rules
24necessary to ensure compliance by remote educational programs
25with the requirements of this Section and other applicable
26legal requirements.

 

 

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1(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
2101-81, eff. 7-12-19.)
 
3    (105 ILCS 5/13B-25.20)
4    Sec. 13B-25.20. Requirements for the district plan. The
5district plan must be consistent with the school district's
6overall mission and goals and aligned with the local school
7improvement plans of each participating school. The district
8plan 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

 

 

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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

 

 

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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
5with a valid and active elementary, secondary, or special
6PK-12 Illinois teaching license certificate may teach in an
7alternative 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
11teachers. Licensed Certificated teachers may receive an
12endorsement or approval in the area of alternative learning.
13The State Board shall establish teaching standards in
14alternative learning that lead to such an endorsement or
15approval.
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
20pathology assistant, "speech-language pathologist" means a
21person who has received a license pursuant to the Illinois
22Speech-Language Pathology and Audiology Practice Act to engage
23in the practice of speech-language pathology.

 

 

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1    (b) A Professional Educator License The School Service
2Personnel Certificate with a school support personnel
3endorsement for speech-language pathologist endorsement shall
4be issued under Section 21B-25 21-25 of this Code to a
5speech-language pathologist who meets all of the following
6requirements:
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

 

 

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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

 

 

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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
5issuance of an educator license a teaching certificate to a
6speech-language pathologist who qualifies for such a license
7certificate.
8    (c) Notwithstanding subsection (b), a Professional
9Educator License with a school support personnel endorsement
10for non-teaching speech-language pathologist shall be issued
11under Section 21B-25 to a speech-language pathologist who (i)
12holds a regular license as a speech-language pathologist
13pursuant to the Illinois Speech-Language Pathology and
14Audiology Practice Act and (ii) holds a current Certificate of
15Clinical Competence in speech-language pathology from the
16American 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
20public schools, school psychological services provided by
21qualified specialists who hold a Professional Educator License
22Type 73 School Service Personnel Certificates endorsed for
23school psychology issued by the State Teacher Certification
24Board of Education may include, but are not limited to: (i)
25administration and interpretation of psychological and

 

 

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1educational evaluations; (ii) developing school-based
2prevention programs, including violence prevention programs;
3(iii) counseling with students, parents, and teachers on
4educational and mental health issues; (iv) acting as liaisons
5between public schools and community agencies; (v) evaluating
6program effectiveness; (vi) providing crisis intervention
7within the school setting; (vii) helping teachers, parents,
8and others involved in the educational process to provide
9optimum teaching and learning conditions for all students;
10(viii) supervising school psychologist interns enrolled in
11school psychology programs that meet the standards established
12by the State Board of Education; and (ix) screening of school
13enrollments to identify children who should be referred for
14individual study. Nothing in this Section prohibits other
15qualified professionals from providing those services listed
16for 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
20schools, social work services may be provided by qualified
21specialists who hold Type 73 School Service Personnel
22Certificates endorsed for school social work issued by the
23State Teacher Certification Board or who hold a Professional
24Educator License with a school support personnel endorsement
25in the area of school social worker under Section 21B-25 of

 

 

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1this Code.
2    School social work services may include, but are not
3limited 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;

 

 

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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
14professionals from providing any of the services listed in
15this 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
19services.
20    (a) For purposes of this Section:
21    "Reasonable efforts" means performing all of the
22following:
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

 

 

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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

 

 

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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
20of methods and procedures for identifying, measuring, testing,
21appraising, predicting, and modifying communication
22development and disorders or disabilities of speech, language,
23voice, swallowing, and other speech, language, and
24voice-related disorders for the purpose of counseling,
25consulting, and rendering services or participating in the
26planning, directing, or conducting of programs that are

 

 

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1designed to modify communicative disorders and conditions in
2individuals or groups of individuals involving speech,
3language, voice, and swallowing functions.
4    (b) A school district or a cooperative must make
5reasonable efforts to employ a speech-language pathologist.
6While making those reasonable efforts or after unsuccessful
7reasonable efforts have been made, or both, a school district
8or cooperative may contract for speech-language pathology
9services with a speech-language pathologist or an entity that
10employs speech-language pathologists. A speech-language
11pathologist who provides speech-language pathology services
12pursuant 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

 

 

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1of educational costs. For any student with a disability in a
2residential facility placement made or paid for by an Illinois
3public State agency or made by any court in this State, the
4school district of residence as determined pursuant to this
5Article is responsible for the costs of educating the child
6and shall be reimbursed for those costs in accordance with
7this Code. Subject to this Section and relevant State
8appropriation, the resident district's financial
9responsibility and reimbursement must be calculated in
10accordance with the provisions of Section 14-7.02 of this
11Code. In those instances in which a district receives a block
12grant pursuant to Article 1D of this Code, the district's
13financial responsibility is limited to the actual educational
14costs of the placement, which must be paid by the district from
15its block grant appropriation. Resident district financial
16responsibility and reimbursement applies for both residential
17facilities that are approved by the State Board of Education
18and non-approved facilities, subject to the requirements of
19this Section. The Illinois placing agency or court remains
20responsible for funding the residential portion of the
21placement and for notifying the resident district prior to the
22placement, except in emergency situations. The residential
23facility in which the student is placed shall notify the
24resident district of the student's enrollment as soon as
25practicable after the placement. Failure of the placing agency
26or court to notify the resident district prior to the

 

 

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1placement does not absolve the resident district of financial
2responsibility for the educational costs of the placement;
3however, the resident district shall not become financially
4responsible unless and until it receives written notice of the
5placement by either the placing agency, court, or residential
6facility. The placing agency or parent shall request an
7individualized education program (IEP) meeting from the
8resident district if the placement would entail additional
9educational services beyond the student's current IEP. The
10district of residence shall retain control of the IEP process,
11and any changes to the IEP must be done in compliance with the
12federal Individuals with Disabilities Education Act.
13    Prior to the placement of a child in an out-of-state
14special education residential facility, the placing agency or
15court must refer to the child or the child's parent or guardian
16the option to place the child in a special education
17residential facility located within this State, if any, that
18provides treatment and services comparable to those provided
19by the out-of-state special education residential facility.
20The placing agency or court must review annually the placement
21of a child in an out-of-state special education residential
22facility. As a part of the review, the placing agency or court
23must refer to the child or the child's parent or guardian the
24option to place the child in a comparable special education
25residential facility located within this State, if any.
26    Payments shall be made by the resident district to the

 

 

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1entity providing the educational services, whether the entity
2is the residential facility or the school district wherein the
3facility is located, no less than once per quarter unless
4otherwise agreed to in writing by the parties.
5    A residential facility providing educational services
6within the facility, but not approved by the State Board of
7Education, is required to demonstrate proof to the State Board
8of (i) appropriate licensure certification of teachers for the
9student population, (ii) age-appropriate curriculum, (iii)
10enrollment and attendance data, and (iv) the ability to
11implement the child's IEP. A school district is under no
12obligation to pay such a residential facility unless and until
13such proof is provided to the State Board's satisfaction.
14    When a dispute arises over the determination of the
15district of residence under this Section, any person or
16entity, including without limitation a school district or
17residential facility, may make a written request for a
18residency decision to the State Superintendent of Education,
19who, upon review of materials submitted and any other items of
20information he or she may request for submission, shall issue
21his or her decision in writing. The decision of the State
22Superintendent 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.

 

 

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1The State Board of Education shall monitor, review, and
2evaluate the impartial due process hearing system on a regular
3basis by a process that includes a review of written decisions
4and evaluations by participants in impartial due process
5hearings and their representatives. The In conjunction with
6the Annual State Report on Special Education Performance, the
7State Board of Education shall annually post to its website by
8August 1 submit data on the performance of the due process
9hearing system, including data on timeliness of hearings and
10an analysis of the issues and disability categories underlying
11hearing requests during the period covered by the Annual State
12Report. The data provided for the Annual State Report must be
13submitted to the members of the State Board of Education, the
14State Superintendent of Education, the Advisory Council on
15Education of Children with Disabilities, and the Screening
16Committee established under Section 14-8.02c of this Code and
17must 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
21professional personnel and necessary workers. No person shall
22be employed to teach any class or program authorized by this
23Article who does not hold a valid teacher's license as
24provided by law and unless he has had such special training as
25the State Board of Education may require. No special license

 

 

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1or endorsement to a special license issued under Section
221B-30 of this Code shall be valid for teaching students with
3visual disabilities unless the person to whom the license or
4endorsement is issued has attained satisfactory performance on
5an examination that is designed to assess competency in
6Braille reading and writing skills according to standards that
7the State Board of Education may adopt. Evidence of
8successfully completing the examination of Braille reading and
9writing skills must be submitted to the State Board of
10Education prior to an applicant's taking of the content area
11test required under Section 21B-30 of this Code. In addition
12to other requirements, a candidate for a teaching license in
13the area of the deaf and hard of hearing granted by the
14Illinois State Board of Education for teaching deaf and hard
15of hearing students in grades pre-school through grade 12 must
16demonstrate a minimum proficiency in sign language as
17determined by the Illinois State Board of Education. All other
18professional personnel employed in any class, service, or
19program authorized by this Article shall hold such licenses
20and shall have had such special training as the State Board of
21Education may require; provided that in a school district
22organized under Article 34, the school district may employ
23speech and language pathologists who are licensed under the
24Illinois Speech-Language Pathology and Audiology Practice Act
25but who do not hold a license issued under this Code if the
26district certifies that a chronic shortage of licensed

 

 

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1certified personnel exists. Nothing contained in this Act
2prohibits the school board from employing necessary workers to
3assist the teacher with the special educational facilities,
4except that all such necessary workers must have had such
5training as the State Board of Education may require.
6    The No later than January 1, 1993, the State Board of
7Education shall develop, in consultation with the Advisory
8Council on the Education of Children with Disabilities and the
9Advisory Council on Bilingual Education, rules governing the
10qualifications for licensure certification of teachers and
11school service personnel providing services to English
12learners receiving special education and related services.
13    The employment of any teacher in a special education
14program provided for in Sections 14-1.01 to 14-14.01,
15inclusive, shall be subject to the provisions of Sections
1624-11 to 24-16, inclusive. Any teacher employed in a special
17education program, prior to the effective date of this
18amendatory Act of 1987, in which 2 or more districts
19participate shall enter upon contractual continued service in
20each of the participating districts subject to the provisions
21of 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

 

 

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1Commission.
2    (a) The High-Cost Special Education Funding Commission is
3created for the purpose of making recommendations to the
4Governor and the General Assembly for an alternative funding
5structure in this State for high-cost special education
6students that is aligned to the principles of the
7evidence-based funding formula in Section 18-8.15 in which
8school districts furthest away from adequacy receive the
9greatest amount of funding.
10    (b) The Commission shall consist of all of the following
11members:
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.

 

 

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1    Additionally, within 60 days after July 23, 2021 (the
2effective date of Public Act 102-150) this amendatory Act of
3the 102nd General Assembly, the State Superintendent of
4Education shall appoint all of the following individuals to
5the 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.

 

 

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1        (I) One representative from a residential program.
2    Members appointed to the Commission must reflect the
3racial, ethnic, and geographic diversity of this State.
4    (c) Members of the Commission shall serve without
5compensation, but may be reimbursed for their reasonable and
6necessary expenses from funds appropriated to the State Board
7of Education for that purpose.
8    (d) The State Board of Education shall provide
9administrative support to the Commission.
10    (e) To ensure that high-quality services are provided to
11ensure equitable outcomes for high-cost special education
12students, 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
24report its recommendations to the Governor and the General
25Assembly.
26    (g) This Section is repealed on December 31, 2022.

 

 

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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
4for 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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
20for 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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:

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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
7district 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
16other laws to general State aid funds or calculations under
17Section 18-8.05 of this Code (now repealed) shall be deemed to
18be references to evidence-based model formula funds or
19calculations under this Section.
20(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
21101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
226-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised
2310-12-21.)
 
24    (105 ILCS 5/21B-20)
25    Sec. 21B-20. Types of licenses. The State Board of

 

 

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1Education shall implement a system of educator licensure,
2whereby individuals employed in school districts who are
3required to be licensed must have one of the following
4licenses: (i) a professional educator license; (ii) an
5educator license with stipulations; (iii) a substitute
6teaching license; or (iv) until June 30, 2023, a short-term
7substitute teaching license. References in law regarding
8individuals certified or certificated or required to be
9certified or certificated under Article 21 of this Code shall
10also include individuals licensed or required to be licensed
11under this Article. The first year of all licenses ends on June
1230 following one full year of the license being issued.
13    The State Board of Education, in consultation with the
14State Educator Preparation and Licensure Board, may adopt such
15rules as may be necessary to govern the requirements for
16licenses 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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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,

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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;
18100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff.
199-3-18; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220,
20eff. 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.
23The By January 1, 2017, the State Board of Education and the
24Department of Human Services shall develop and establish a
253-year heroin and opioid drug prevention pilot program that

 

 

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1offers educational materials and instruction on heroin and
2opioid abuse to all school districts in the State for use at
3their respective public elementary and secondary schools. A
4school district's participation in the pilot program shall be
5voluntary. Subject to appropriation, the Department of Human
6Services shall reimburse a school district that decides to
7participate in the pilot program for any costs it incurs in
8connection with its participation in the pilot program. Each
9school district that participates in the pilot program shall
10have the discretion to determine which grade levels the school
11district will instruct under the program.
12    The pilot program must use effective, research-proven,
13interactive teaching methods and technologies, and must
14provide students, parents, and school staff with scientific,
15social, and emotional learning content to help them understand
16the risk of drug use. Such learning content must specifically
17target the dangers of prescription pain medication and heroin
18abuse. The Department may contract with a health education
19organization to fulfill the requirements of the pilot program.
20    The State Board of Education, the Department of Human
21Services, and any contracted organization shall submit an
22annual report to the General Assembly that includes: (i) a
23list of school districts participating in the pilot program;
24(ii) the grade levels each school district instructs under the
25pilot program; and (iii) any findings regarding the
26effectiveness of the pilot program.

 

 

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1(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
 
2    (105 ILCS 5/27-23.7)
3    Sec. 27-23.7. Bullying prevention.
4    (a) The General Assembly finds that a safe and civil
5school environment is necessary for students to learn and
6achieve and that bullying causes physical, psychological, and
7emotional harm to students and interferes with students'
8ability to learn and participate in school activities. The
9General Assembly further finds that bullying has been linked
10to other forms of antisocial behavior, such as vandalism,
11shoplifting, skipping and dropping out of school, fighting,
12using drugs and alcohol, sexual harassment, and sexual
13violence. Because of the negative outcomes associated with
14bullying in schools, the General Assembly finds that school
15districts, charter schools, and non-public, non-sectarian
16elementary and secondary schools should educate students,
17parents, and school district, charter school, or non-public,
18non-sectarian elementary or secondary school personnel about
19what behaviors constitute prohibited bullying.
20    Bullying on the basis of actual or perceived race, color,
21religion, sex, national origin, ancestry, age, marital status,
22physical or mental disability, military status, sexual
23orientation, gender-related identity or expression,
24unfavorable discharge from military service, association with
25a person or group with one or more of the aforementioned actual

 

 

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1or perceived characteristics, or any other distinguishing
2characteristic is prohibited in all school districts, charter
3schools, and non-public, non-sectarian elementary and
4secondary schools. No student shall be subjected to bullying:
5        (1) during any school-sponsored education program or
6    activity;
7        (2) while in school, on school property, on school
8    buses or other school vehicles, at designated school bus
9    stops waiting for the school bus, or at school-sponsored
10    or school-sanctioned events or activities;
11        (3) through the transmission of information from a
12    school computer, a school computer network, or other
13    similar electronic school equipment; or
14        (4) through the transmission of information from a
15    computer that is accessed at a nonschool-related location,
16    activity, function, or program or from the use of
17    technology or an electronic device that is not owned,
18    leased, or used by a school district or school if the
19    bullying causes a substantial disruption to the
20    educational process or orderly operation of a school. This
21    item (4) applies only in cases in which a school
22    administrator or teacher receives a report that bullying
23    through this means has occurred and does not require a
24    district or school to staff or monitor any
25    nonschool-related activity, function, or program.
26    (a-5) Nothing in this Section is intended to infringe upon

 

 

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1any right to exercise free expression or the free exercise of
2religion or religiously based views protected under the First
3Amendment to the United States Constitution or under Section 3
4of Article I of the Illinois Constitution.
5    (b) In this Section:
6    "Bullying" includes "cyber-bullying" and means any severe
7or pervasive physical or verbal act or conduct, including
8communications made in writing or electronically, directed
9toward a student or students that has or can be reasonably
10predicted to have the effect of one or more of the following:
11        (1) placing the student or students in reasonable fear
12    of harm to the student's or students' person or property;
13        (2) causing a substantially detrimental effect on the
14    student's or students' physical or mental health;
15        (3) substantially interfering with the student's or
16    students' academic performance; or
17        (4) substantially interfering with the student's or
18    students' ability to participate in or benefit from the
19    services, activities, or privileges provided by a school.
20    Bullying, as defined in this subsection (b), may take
21various forms, including without limitation one or more of the
22following: harassment, threats, intimidation, stalking,
23physical violence, sexual harassment, sexual violence, theft,
24public humiliation, destruction of property, or retaliation
25for asserting or alleging an act of bullying. This list is
26meant to be illustrative and non-exhaustive.

 

 

SB4056 Engrossed- 174 -LRB102 25878 CMG 35234 b

1    "Cyber-bullying" means bullying through the use of
2technology or any electronic communication, including without
3limitation any transfer of signs, signals, writing, images,
4sounds, data, or intelligence of any nature transmitted in
5whole or in part by a wire, radio, electromagnetic system,
6photoelectronic system, or photooptical system, including
7without limitation electronic mail, Internet communications,
8instant messages, or facsimile communications.
9"Cyber-bullying" includes the creation of a webpage or weblog
10in which the creator assumes the identity of another person or
11the knowing impersonation of another person as the author of
12posted content or messages if the creation or impersonation
13creates any of the effects enumerated in the definition of
14bullying in this Section. "Cyber-bullying" also includes the
15distribution by electronic means of a communication to more
16than one person or the posting of material on an electronic
17medium that may be accessed by one or more persons if the
18distribution or posting creates any of the effects enumerated
19in the definition of bullying in this Section.
20    "Policy on bullying" means a bullying prevention policy
21that meets the following criteria:
22        (1) Includes the bullying definition provided in this
23    Section.
24        (2) Includes a statement that bullying is contrary to
25    State law and the policy of the school district, charter
26    school, or non-public, non-sectarian elementary or

 

 

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1    secondary school and is consistent with subsection (a-5)
2    of this Section.
3        (3) Includes procedures for promptly reporting
4    bullying, including, but not limited to, identifying and
5    providing the school e-mail address (if applicable) and
6    school telephone number for the staff person or persons
7    responsible for receiving such reports and a procedure for
8    anonymous reporting; however, this shall not be construed
9    to permit formal disciplinary action solely on the basis
10    of an anonymous report.
11        (4) Consistent with federal and State laws and rules
12    governing student privacy rights, includes procedures for
13    promptly informing parents or guardians of all students
14    involved in the alleged incident of bullying and
15    discussing, as appropriate, the availability of social
16    work services, counseling, school psychological services,
17    other interventions, and restorative measures.
18        (5) Contains procedures for promptly investigating and
19    addressing reports of bullying, including the following:
20            (A) Making all reasonable efforts to complete the
21        investigation within 10 school days after the date the
22        report of the incident of bullying was received and
23        taking into consideration additional relevant
24        information received during the course of the
25        investigation about the reported incident of bullying.
26            (B) Involving appropriate school support personnel

 

 

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1        and other staff persons with knowledge, experience,
2        and training on bullying prevention, as deemed
3        appropriate, in the investigation process.
4            (C) Notifying the principal or school
5        administrator or his or her designee of the report of
6        the incident of bullying as soon as possible after the
7        report is received.
8            (D) Consistent with federal and State laws and
9        rules governing student privacy rights, providing
10        parents and guardians of the students who are parties
11        to the investigation information about the
12        investigation and an opportunity to meet with the
13        principal or school administrator or his or her
14        designee to discuss the investigation, the findings of
15        the investigation, and the actions taken to address
16        the reported incident of bullying.
17        (6) Includes the interventions that can be taken to
18    address bullying, which may include, but are not limited
19    to, school social work services, restorative measures,
20    social-emotional skill building, counseling, school
21    psychological services, and community-based services.
22        (7) Includes a statement prohibiting reprisal or
23    retaliation against any person who reports an act of
24    bullying and the consequences and appropriate remedial
25    actions for a person who engages in reprisal or
26    retaliation.

 

 

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1        (8) Includes consequences and appropriate remedial
2    actions for a person found to have falsely accused another
3    of bullying as a means of retaliation or as a means of
4    bullying.
5        (9) Is based on the engagement of a range of school
6    stakeholders, including students and parents or guardians.
7        (10) Is posted on the school district's, charter
8    school's, or non-public, non-sectarian elementary or
9    secondary school's existing Internet website, is included
10    in the student handbook, and, where applicable, posted
11    where other policies, rules, and standards of conduct are
12    currently posted in the school and provided periodically
13    throughout the school year to students and faculty, and is
14    distributed annually to parents, guardians, students, and
15    school personnel, including new employees when hired.
16        (11) As part of the process of reviewing and
17    re-evaluating the policy under subsection (d) of this
18    Section, contains a policy evaluation process to assess
19    the outcomes and effectiveness of the policy that
20    includes, but is not limited to, factors such as the
21    frequency of victimization; student, staff, and family
22    observations of safety at a school; identification of
23    areas of a school where bullying occurs; the types of
24    bullying utilized; and bystander intervention or
25    participation. The school district, charter school, or
26    non-public, non-sectarian elementary or secondary school

 

 

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1    may use relevant data and information it already collects
2    for other purposes in the policy evaluation. The
3    information developed as a result of the policy evaluation
4    must be made available on the Internet website of the
5    school district, charter school, or non-public,
6    non-sectarian elementary or secondary school. If an
7    Internet website is not available, the information must be
8    provided to school administrators, school board members,
9    school personnel, parents, guardians, and students.
10        (12) Is consistent with the policies of the school
11    board, charter school, or non-public, non-sectarian
12    elementary or secondary school.
13    "Restorative measures" means a continuum of school-based
14alternatives to exclusionary discipline, such as suspensions
15and expulsions, that: (i) are adapted to the particular needs
16of the school and community, (ii) contribute to maintaining
17school safety, (iii) protect the integrity of a positive and
18productive learning climate, (iv) teach students the personal
19and interpersonal skills they will need to be successful in
20school and society, (v) serve to build and restore
21relationships among students, families, schools, and
22communities, (vi) reduce the likelihood of future disruption
23by balancing accountability with an understanding of students'
24behavioral health needs in order to keep students in school,
25and (vii) increase student accountability if the incident of
26bullying is based on religion, race, ethnicity, or any other

 

 

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1category that is identified in the Illinois Human Rights Act.
2    "School personnel" means persons employed by, on contract
3with, or who volunteer in a school district, charter school,
4or non-public, non-sectarian elementary or secondary school,
5including without limitation school and school district
6administrators, teachers, school social workers, school
7counselors, school psychologists, school nurses, cafeteria
8workers, custodians, bus drivers, school resource officers,
9and security guards.
10    (c) (Blank).
11    (d) Each school district, charter school, and non-public,
12non-sectarian elementary or secondary school shall create,
13maintain, and implement a policy on bullying, which policy
14must be filed with the State Board of Education. The policy or
15implementing procedure shall include a process to investigate
16whether a reported act of bullying is within the permissible
17scope of the district's or school's jurisdiction and shall
18require that the district or school provide the victim with
19information regarding services that are available within the
20district and community, such as counseling, support services,
21and other programs. School personnel available for help with a
22bully or to make a report about bullying shall be made known to
23parents or legal guardians, students, and school personnel.
24Every 2 years, each school district, charter school, and
25non-public, non-sectarian elementary or secondary school shall
26conduct a review and re-evaluation of its policy and make any

 

 

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1necessary and appropriate revisions. No later than September
230 of the subject year, the The policy must be filed with the
3State Board of Education after being updated. The State Board
4of Education shall monitor and provide technical support for
5the implementation of policies created under this subsection
6(d). In monitoring the implementation of the policies, the
7State Board of Education shall review each filed policy on
8bullying to ensure all policies meet the requirements set
9forth in this Section, including ensuring that each policy
10meets the 12 criterion identified within the definition of
11"policy on bullying" set forth in this Section.
12    If a school district, charter school, or non-public,
13non-sectarian elementary or secondary school fails to file a
14policy on bullying by September 30 of the subject year, the
15State Board of Education shall provide a written request for
16filing to the school district, charter school, or non-public,
17non-sectarian elementary or secondary school. If a school
18district, charter school, or non-public, non-sectarian
19elementary or secondary school fails to file a policy on
20bullying within 14 days of receipt of the aforementioned
21written request, the State Board of Education shall publish
22notice of the non-compliance on the State Board of Education's
23website.
24    (e) This Section shall not be interpreted to prevent a
25victim from seeking redress under any other available civil or
26criminal law.

 

 

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1(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
2revised 10-18-21.)
 
3    (105 ILCS 5/27-23.12)
4    Sec. 27-23.12. Emotional Intelligence and Social and
5Emotional Learning Task Force. The Emotional Intelligence and
6Social and Emotional Learning Task Force is created to develop
7curriculum and assessment guidelines and best practices on
8emotional intelligence and social and emotional learning,
9including strategies and instruction to address the needs of
10students with anger management issues. The Task Force shall
11consist of the State Superintendent of Education or his or her
12designee and all of the following members, appointed by the
13State Superintendent:
14        (1) A representative of a school district organized
15    under Article 34 of this Code.
16        (2) A representative of a statewide organization
17    representing school boards.
18        (3) A representative of a statewide organization
19    representing individuals holding professional educator
20    licenses with school support personnel endorsements under
21    Article 21B of this Code, including school social workers,
22    school psychologists, and school nurses.
23        (4) A representative of a statewide organization
24    representing children's mental health experts.
25        (5) A representative of a statewide organization

 

 

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1    representing school principals.
2        (6) An employee of a school under Article 13A of this
3    Code.
4        (7) A school psychologist employed by a school
5    district in Cook County.
6        (8) Representatives of other appropriate State
7    agencies, as determined by the State Superintendent.
8    Members appointed by the State Superintendent shall serve
9without compensation but shall be reimbursed for their
10reasonable and necessary expenses from funds appropriated to
11the State Board of Education for that purpose, including
12travel, subject to the rules of the appropriate travel control
13board. The Task Force shall meet at the call of the State
14Superintendent. The State Board of Education shall provide
15administrative and other support to the Task Force.
16    The Task Force shall develop age-appropriate, emotional
17intelligence and social and emotional learning curriculum and
18assessment guidelines and best practices for elementary
19schools and high schools. The guidelines shall, at a minimum,
20include teaching how to recognize, direct, and positively
21express emotions. The Task Force must also make
22recommendations on the funding of appropriate services and the
23availability of sources of funding, including, but not limited
24to, federal funding, to address social and emotional learning.
25The Task Force shall complete the guidelines and
26recommendations on or before March 1, 2020. Upon completion of

 

 

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1the guidelines and recommendations the Task Force is
2dissolved.
3(Source: P.A. 100-1139, eff. 11-28-18; 101-81, eff. 7-12-19;
4101-498, eff. 6-1-20.)
 
5    (105 ILCS 5/34-1.1)  (from Ch. 122, par. 34-1.1)
6    Sec. 34-1.1. Definitions. As used in this Article:
7    "Academic Accountability Council" means the Chicago
8Schools Academic Accountability Council created under Section
934-3.4.
10    "Local School Council" means a local school council
11established under Section 34-2.1.
12    "School" and "attendance center" are used interchangeably
13to mean any attendance center operated pursuant to this
14Article and under the direction of one principal.
15    "Secondary Attendance Center" means a school which has
16students enrolled in grades 9 through 12 (although it may also
17have students enrolled in grades below grade 9).
18    "Local Attendance Area School" means a school which has a
19local attendance area established by the board.
20    "Multi-area school" means a school other than a local
21attendance area school.
22    "Contract school" means an attendance center managed and
23operated by a for-profit or not-for-profit private entity
24retained by the board to provide instructional and other
25services to a majority of the pupils enrolled in the

 

 

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1attendance center.
2    "Contract turnaround school" means an experimental
3contract school created by the board to implement alternative
4governance in an attendance center subject to restructuring or
5similar intervention.
6    "Parent" means a parent or legal guardian of an enrolled
7student of an attendance center.
8    "Community resident" means a person, 18 years of age or
9older, residing within an attendance area served by a school,
10excluding any person who is a parent of a student enrolled in
11that school; provided that with respect to any multi-area
12school, community resident means any person, 18 years of age
13or older, residing within the voting district established for
14that school pursuant to Section 34-2.1c, excluding any person
15who is a parent of a student enrolled in that school.
16    "School staff" means all licensed and nonlicensed
17certificated and uncertificated school personnel, including
18all teaching and administrative staff (other than the
19principal) and including all custodial, food service and other
20civil service employees, who are employed at and assigned to
21perform the majority of their employment duties at one
22attendance center served by the same local school council.
23    "Regular meetings" means the meeting dates established by
24the local school council at its annual organizational meeting.
25(Source: P.A. 100-1046, eff. 8-23-18.)
 

 

 

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1    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
2    Sec. 34-2.3. Local school councils; powers and duties.
3Each local school council shall have and exercise, consistent
4with the provisions of this Article and the powers and duties
5of the board of education, the following powers and duties:
6    1. (A) To annually evaluate the performance of the
7principal of the attendance center using a Board approved
8principal evaluation form, which shall include the evaluation
9of (i) student academic improvement, as defined by the school
10improvement plan, (ii) student absenteeism rates at the
11school, (iii) instructional leadership, (iv) the effective
12implementation of programs, policies, or strategies to improve
13student academic achievement, (v) school management, and (vi)
14any other factors deemed relevant by the local school council,
15including, without limitation, the principal's communication
16skills and ability to create and maintain a student-centered
17learning environment, to develop opportunities for
18professional development, and to encourage parental
19involvement and community partnerships to achieve school
20improvement;
21    (B) to determine in the manner provided by subsection (c)
22of Section 34-2.2 and subdivision 1.5 of this Section whether
23the performance contract of the principal shall be renewed;
24and
25    (C) to directly select, in the manner provided by
26subsection (c) of Section 34-2.2, a new principal (including a

 

 

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1new principal to fill a vacancy) -- without submitting any
2list of candidates for that position to the general
3superintendent as provided in paragraph 2 of this Section --
4to serve under a 4 year performance contract; provided that
5(i) the determination of whether the principal's performance
6contract is to be renewed, based upon the evaluation required
7by subdivision 1.5 of this Section, shall be made no later than
8150 days prior to the expiration of the current
9performance-based contract of the principal, (ii) in cases
10where such performance contract is not renewed -- a direct
11selection of a new principal -- to serve under a 4 year
12performance contract shall be made by the local school council
13no later than 45 days prior to the expiration of the current
14performance contract of the principal, and (iii) a selection
15by the local school council of a new principal to fill a
16vacancy under a 4 year performance contract shall be made
17within 90 days after the date such vacancy occurs. A Council
18shall be required, if requested by the principal, to provide
19in writing the reasons for the council's not renewing the
20principal's contract.
21    1.5. The local school council's determination of whether
22to renew the principal's contract shall be based on an
23evaluation to assess the educational and administrative
24progress made at the school during the principal's current
25performance-based contract. The local school council shall
26base its evaluation on (i) student academic improvement, as

 

 

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1defined by the school improvement plan, (ii) student
2absenteeism rates at the school, (iii) instructional
3leadership, (iv) the effective implementation of programs,
4policies, or strategies to improve student academic
5achievement, (v) school management, and (vi) any other factors
6deemed relevant by the local school council, including,
7without limitation, the principal's communication skills and
8ability to create and maintain a student-centered learning
9environment, to develop opportunities for professional
10development, and to encourage parental involvement and
11community partnerships to achieve school improvement. If a
12local school council fails to renew the performance contract
13of a principal rated by the general superintendent, or his or
14her designee, in the previous years' evaluations as meeting or
15exceeding expectations, the principal, within 15 days after
16the local school council's decision not to renew the contract,
17may request a review of the local school council's principal
18non-retention decision by a hearing officer appointed by the
19American Arbitration Association. A local school council
20member or members or the general superintendent may support
21the principal's request for review. During the period of the
22hearing officer's review of the local school council's
23decision on whether or not to retain the principal, the local
24school council shall maintain all authority to search for and
25contract with a person to serve as interim or acting
26principal, or as the principal of the attendance center under

 

 

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1a 4-year performance contract, provided that any performance
2contract entered into by the local school council shall be
3voidable or modified in accordance with the decision of the
4hearing officer. The principal may request review only once
5while at that attendance center. If a local school council
6renews the contract of a principal who failed to obtain a
7rating of "meets" or "exceeds expectations" in the general
8superintendent's evaluation for the previous year, the general
9superintendent, within 15 days after the local school
10council's decision to renew the contract, may request a review
11of the local school council's principal retention decision by
12a hearing officer appointed by the American Arbitration
13Association. The general superintendent may request a review
14only once for that principal at that attendance center. All
15requests to review the retention or non-retention of a
16principal shall be submitted to the general superintendent,
17who shall, in turn, forward such requests, within 14 days of
18receipt, to the American Arbitration Association. The general
19superintendent shall send a contemporaneous copy of the
20request that was forwarded to the American Arbitration
21Association to the principal and to each local school council
22member and shall inform the local school council of its rights
23and responsibilities under the arbitration process, including
24the local school council's right to representation and the
25manner and process by which the Board shall pay the costs of
26the council's representation. If the local school council

 

 

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1retains the principal and the general superintendent requests
2a review of the retention decision, the local school council
3and the general superintendent shall be considered parties to
4the arbitration, a hearing officer shall be chosen between
5those 2 parties pursuant to procedures promulgated by the
6State Board of Education, and the principal may retain counsel
7and participate in the arbitration. If the local school
8council does not retain the principal and the principal
9requests a review of the retention decision, the local school
10council and the principal shall be considered parties to the
11arbitration and a hearing officer shall be chosen between
12those 2 parties pursuant to procedures promulgated by the
13State Board of Education. The hearing shall begin (i) within
1445 days after the initial request for review is submitted by
15the principal to the general superintendent or (ii) if the
16initial request for review is made by the general
17superintendent, within 45 days after that request is mailed to
18the American Arbitration Association. The hearing officer
19shall render a decision within 45 days after the hearing
20begins and within 90 days after the initial request for
21review. The Board shall contract with the American Arbitration
22Association for all of the hearing officer's reasonable and
23necessary costs. In addition, the Board shall pay any
24reasonable costs incurred by a local school council for
25representation before a hearing officer.
26    1.10. The hearing officer shall conduct a hearing, which

 

 

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1shall include (i) a review of the principal's performance,
2evaluations, and other evidence of the principal's service at
3the school, (ii) reasons provided by the local school council
4for its decision, and (iii) documentation evidencing views of
5interested persons, including, without limitation, students,
6parents, local school council members, school faculty and
7staff, the principal, the general superintendent or his or her
8designee, and members of the community. The burden of proof in
9establishing that the local school council's decision was
10arbitrary and capricious shall be on the party requesting the
11arbitration, and this party shall sustain the burden by a
12preponderance of the evidence. The hearing officer shall set
13the local school council decision aside if that decision, in
14light of the record developed at the hearing, is arbitrary and
15capricious. The decision of the hearing officer may not be
16appealed to the Board or the State Board of Education. If the
17hearing officer decides that the principal shall be retained,
18the retention period shall not exceed 2 years.
19    2. In the event (i) the local school council does not renew
20the performance contract of the principal, or the principal
21fails to receive a satisfactory rating as provided in
22subsection (h) of Section 34-8.3, or the principal is removed
23for cause during the term of his or her performance contract in
24the manner provided by Section 34-85, or a vacancy in the
25position of principal otherwise occurs prior to the expiration
26of the term of a principal's performance contract, and (ii)

 

 

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1the local school council fails to directly select a new
2principal to serve under a 4 year performance contract, the
3local school council in such event shall submit to the general
4superintendent a list of 3 candidates -- listed in the local
5school council's order of preference -- for the position of
6principal, one of which shall be selected by the general
7superintendent to serve as principal of the attendance center.
8If the general superintendent fails or refuses to select one
9of the candidates on the list to serve as principal within 30
10days after being furnished with the candidate list, the
11general superintendent shall select and place a principal on
12an interim basis (i) for a period not to exceed one year or
13(ii) until the local school council selects a new principal
14with 7 affirmative votes as provided in subsection (c) of
15Section 34-2.2, whichever occurs first. If the local school
16council fails or refuses to select and appoint a new
17principal, as specified by subsection (c) of Section 34-2.2,
18the general superintendent may select and appoint a new
19principal on an interim basis for an additional year or until a
20new contract principal is selected by the local school
21council. There shall be no discrimination on the basis of
22race, sex, creed, color or disability unrelated to ability to
23perform in connection with the submission of candidates for,
24and the selection of a candidate to serve as principal of an
25attendance center. No person shall be directly selected,
26listed as a candidate for, or selected to serve as principal of

 

 

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1an attendance center (i) if such person has been removed for
2cause from employment by the Board or (ii) if such person does
3not hold a valid Professional Educator License administrative
4certificate issued or exchanged under Article 21B 21 and
5endorsed as required by that Article for the position of
6principal. A principal whose performance contract is not
7renewed as provided under subsection (c) of Section 34-2.2 may
8nevertheless, if otherwise qualified and licensed certified as
9herein provided and if he or she has received a satisfactory
10rating as provided in subsection (h) of Section 34-8.3, be
11included by a local school council as one of the 3 candidates
12listed in order of preference on any candidate list from which
13one person is to be selected to serve as principal of the
14attendance center under a new performance contract. The
15initial candidate list required to be submitted by a local
16school council to the general superintendent in cases where
17the local school council does not renew the performance
18contract of its principal and does not directly select a new
19principal to serve under a 4 year performance contract shall
20be submitted not later than 30 days prior to the expiration of
21the current performance contract. In cases where the local
22school council fails or refuses to submit the candidate list
23to the general superintendent no later than 30 days prior to
24the expiration of the incumbent principal's contract, the
25general superintendent may appoint a principal on an interim
26basis for a period not to exceed one year, during which time

 

 

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1the local school council shall be able to select a new
2principal with 7 affirmative votes as provided in subsection
3(c) of Section 34-2.2. In cases where a principal is removed
4for cause or a vacancy otherwise occurs in the position of
5principal and the vacancy is not filled by direct selection by
6the local school council, the candidate list shall be
7submitted by the local school council to the general
8superintendent within 90 days after the date such removal or
9vacancy occurs. In cases where the local school council fails
10or refuses to submit the candidate list to the general
11superintendent within 90 days after the date of the vacancy,
12the general superintendent may appoint a principal on an
13interim basis for a period of one year, during which time the
14local school council shall be able to select a new principal
15with 7 affirmative votes as provided in subsection (c) of
16Section 34-2.2.
17    2.5. Whenever a vacancy in the office of a principal
18occurs for any reason, the vacancy shall be filled in the
19manner provided by this Section by the selection of a new
20principal to serve under a 4 year performance contract.
21    3. To establish additional criteria to be included as part
22of the performance contract of its principal, provided that
23such additional criteria shall not discriminate on the basis
24of race, sex, creed, color or disability unrelated to ability
25to perform, and shall not be inconsistent with the uniform 4
26year performance contract for principals developed by the

 

 

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1board as provided in Section 34-8.1 of the School Code or with
2other provisions of this Article governing the authority and
3responsibility of principals.
4    4. To approve the expenditure plan prepared by the
5principal with respect to all funds allocated and distributed
6to the attendance center by the Board. The expenditure plan
7shall be administered by the principal. Notwithstanding any
8other provision of this Act or any other law, any expenditure
9plan approved and administered under this Section 34-2.3 shall
10be consistent with and subject to the terms of any contract for
11services with a third party entered into by the Chicago School
12Reform Board of Trustees or the board under this Act.
13    Via a supermajority vote of 8 members of a local school
14council enrolling students through the 8th grade or 9 members
15of a local school council at a secondary attendance center or
16an attendance center enrolling students in grades 7 through
1712, the Council may transfer allocations pursuant to Section
1834-2.3 within funds; provided that such a transfer is
19consistent with applicable law and collective bargaining
20agreements.
21    Beginning in fiscal year 1991 and in each fiscal year
22thereafter, the Board may reserve up to 1% of its total fiscal
23year budget for distribution on a prioritized basis to schools
24throughout the school system in order to assure adequate
25programs to meet the needs of special student populations as
26determined by the Board. This distribution shall take into

 

 

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1account the needs catalogued in the Systemwide Plan and the
2various local school improvement plans of the local school
3councils. Information about these centrally funded programs
4shall be distributed to the local school councils so that
5their subsequent planning and programming will account for
6these provisions.
7    Beginning in fiscal year 1991 and in each fiscal year
8thereafter, from other amounts available in the applicable
9fiscal year budget, the board shall allocate a lump sum amount
10to each local school based upon such formula as the board shall
11determine taking into account the special needs of the student
12body. The local school principal shall develop an expenditure
13plan in consultation with the local school council, the
14professional personnel leadership committee and with all other
15school personnel, which reflects the priorities and activities
16as described in the school's local school improvement plan and
17is consistent with applicable law and collective bargaining
18agreements and with board policies and standards; however, the
19local school council shall have the right to request waivers
20of board policy from the board of education and waivers of
21employee collective bargaining agreements pursuant to Section
2234-8.1a.
23    The expenditure plan developed by the principal with
24respect to amounts available from the fund for prioritized
25special needs programs and the allocated lump sum amount must
26be approved by the local school council.

 

 

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1    The lump sum allocation shall take into account the
2following principles:
3        a. Teachers: Each school shall be allocated funds
4    equal to the amount appropriated in the previous school
5    year for compensation for teachers (regular grades
6    kindergarten through 12th grade) plus whatever increases
7    in compensation have been negotiated contractually or
8    through longevity as provided in the negotiated agreement.
9    Adjustments shall be made due to layoff or reduction in
10    force, lack of funds or work, change in subject
11    requirements, enrollment changes, or contracts with third
12    parties for the performance of services or to rectify any
13    inconsistencies with system-wide allocation formulas or
14    for other legitimate reasons.
15        b. Other personnel: Funds for other teacher licensed
16    and nonlicensed certificated and uncertificated personnel
17    paid through non-categorical funds shall be provided
18    according to system-wide formulas based on student
19    enrollment and the special needs of the school as
20    determined by the Board.
21        c. Non-compensation items: Appropriations for all
22    non-compensation items shall be based on system-wide
23    formulas based on student enrollment and on the special
24    needs of the school or factors related to the physical
25    plant, including but not limited to textbooks, electronic
26    textbooks and the technological equipment necessary to

 

 

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1    gain access to and use electronic textbooks, supplies,
2    electricity, equipment, and routine maintenance.
3        d. Funds for categorical programs: Schools shall
4    receive personnel and funds based on, and shall use such
5    personnel and funds in accordance with State and Federal
6    requirements applicable to each categorical program
7    provided to meet the special needs of the student body
8    (including but not limited to, Federal Chapter I,
9    Bilingual, and Special Education).
10        d.1. Funds for State Title I: Each school shall
11    receive funds based on State and Board requirements
12    applicable to each State Title I pupil provided to meet
13    the special needs of the student body. Each school shall
14    receive the proportion of funds as provided in Section
15    18-8 or 18-8.15 to which they are entitled. These funds
16    shall be spent only with the budgetary approval of the
17    Local School Council as provided in Section 34-2.3.
18        e. The Local School Council shall have the right to
19    request the principal to close positions and open new ones
20    consistent with the provisions of the local school
21    improvement plan provided that these decisions are
22    consistent with applicable law and collective bargaining
23    agreements. If a position is closed, pursuant to this
24    paragraph, the local school shall have for its use the
25    system-wide average compensation for the closed position.
26        f. Operating within existing laws and collective

 

 

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1    bargaining agreements, the local school council shall have
2    the right to direct the principal to shift expenditures
3    within funds.
4        g. (Blank).
5    Any funds unexpended at the end of the fiscal year shall be
6available to the board of education for use as part of its
7budget for the following fiscal year.
8    5. To make recommendations to the principal concerning
9textbook selection and concerning curriculum developed
10pursuant to the school improvement plan which is consistent
11with systemwide curriculum objectives in accordance with
12Sections 34-8 and 34-18 of the School Code and in conformity
13with the collective bargaining agreement.
14    6. To advise the principal concerning the attendance and
15disciplinary policies for the attendance center, subject to
16the provisions of this Article and Article 26, and consistent
17with the uniform system of discipline established by the board
18pursuant to Section 34-19.
19    7. To approve a school improvement plan developed as
20provided in Section 34-2.4. The process and schedule for plan
21development shall be publicized to the entire school
22community, and the community shall be afforded the opportunity
23to make recommendations concerning the plan. At least twice a
24year the principal and local school council shall report
25publicly on progress and problems with respect to plan
26implementation.

 

 

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1    8. To evaluate the allocation of teaching resources and
2other licensed and nonlicensed certificated and uncertificated
3staff to the attendance center to determine whether such
4allocation is consistent with and in furtherance of
5instructional objectives and school programs reflective of the
6school improvement plan adopted for the attendance center; and
7to make recommendations to the board, the general
8superintendent and the principal concerning any reallocation
9of teaching resources or other staff whenever the council
10determines that any such reallocation is appropriate because
11the qualifications of any existing staff at the attendance
12center do not adequately match or support instructional
13objectives or school programs which reflect the school
14improvement plan.
15    9. To make recommendations to the principal and the
16general superintendent concerning their respective
17appointments, after August 31, 1989, and in the manner
18provided by Section 34-8 and Section 34-8.1, of persons to
19fill any vacant, additional or newly created positions for
20teachers at the attendance center or at attendance centers
21which include the attendance center served by the local school
22council.
23    10. To request of the Board the manner in which training
24and assistance shall be provided to the local school council.
25Pursuant to Board guidelines a local school council is
26authorized to direct the Board of Education to contract with

 

 

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1personnel or not-for-profit organizations not associated with
2the school district to train or assist council members. If
3training or assistance is provided by contract with personnel
4or organizations not associated with the school district, the
5period of training or assistance shall not exceed 30 hours
6during a given school year; person shall not be employed on a
7continuous basis longer than said period and shall not have
8been employed by the Chicago Board of Education within the
9preceding six months. Council members shall receive training
10in at least the following areas:
11        1. school budgets;
12        2. educational theory pertinent to the attendance
13    center's particular needs, including the development of
14    the school improvement plan and the principal's
15    performance contract; and
16        3. personnel selection.
17Council members shall, to the greatest extent possible,
18complete such training within 90 days of election.
19    11. In accordance with systemwide guidelines contained in
20the System-Wide Educational Reform Goals and Objectives Plan,
21criteria for evaluation of performance shall be established
22for local school councils and local school council members. If
23a local school council persists in noncompliance with
24systemwide requirements, the Board may impose sanctions and
25take necessary corrective action, consistent with Section
2634-8.3.

 

 

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1    12. Each local school council shall comply with the Open
2Meetings Act and the Freedom of Information Act. Each local
3school council shall issue and transmit to its school
4community a detailed annual report accounting for its
5activities programmatically and financially. Each local school
6council shall convene at least 2 well-publicized meetings
7annually with its entire school community. These meetings
8shall include presentation of the proposed local school
9improvement plan, of the proposed school expenditure plan, and
10the annual report, and shall provide an opportunity for public
11comment.
12    13. Each local school council is encouraged to involve
13additional non-voting members of the school community in
14facilitating the council's exercise of its responsibilities.
15    14. The local school council may adopt a school uniform or
16dress code policy that governs the attendance center and that
17is necessary to maintain the orderly process of a school
18function or prevent endangerment of student health or safety,
19consistent with the policies and rules of the Board of
20Education. A school uniform or dress code policy adopted by a
21local school council: (i) shall not be applied in such manner
22as to discipline or deny attendance to a transfer student or
23any other student for noncompliance with that policy during
24such period of time as is reasonably necessary to enable the
25student to acquire a school uniform or otherwise comply with
26the dress code policy that is in effect at the attendance

 

 

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1center into which the student's enrollment is transferred;
2(ii) shall include criteria and procedures under which the
3local school council will accommodate the needs of or
4otherwise provide appropriate resources to assist a student
5from an indigent family in complying with an applicable school
6uniform or dress code policy; and (iii) shall not include or
7apply to hairstyles, including hairstyles historically
8associated with race, ethnicity, or hair texture, including,
9but not limited to, protective hairstyles such as braids,
10locks, and twists. A student whose parents or legal guardians
11object on religious grounds to the student's compliance with
12an applicable school uniform or dress code policy shall not be
13required to comply with that policy if the student's parents
14or legal guardians present to the local school council a
15signed statement of objection detailing the grounds for the
16objection. If a local school council does not comply with the
17requirements and prohibitions set forth in this paragraph 14,
18the attendance center is subject to the penalty imposed
19pursuant to subsection (a) of Section 2-3.25.
20    15. All decisions made and actions taken by the local
21school council in the exercise of its powers and duties shall
22comply with State and federal laws, all applicable collective
23bargaining agreements, court orders and rules properly
24promulgated by the Board.
25    15a. To grant, in accordance with board rules and
26policies, the use of assembly halls and classrooms when not

 

 

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1otherwise needed, including lighting, heat, and attendants,
2for public lectures, concerts, and other educational and
3social activities.
4    15b. To approve, in accordance with board rules and
5policies, receipts and expenditures for all internal accounts
6of the attendance center, and to approve all fund-raising
7activities by nonschool organizations that use the school
8building.
9    16. (Blank).
10    17. Names and addresses of local school council members
11shall be a matter of public record.
12(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21.)
 
13    (105 ILCS 5/34-2.4a)  (from Ch. 122, par. 34-2.4a)
14    Sec. 34-2.4a. Professional personnel leadership committee.
15    (a) At each attendance center operated pursuant to this
16Article, a professional personnel leadership committee
17consisting of (i) up to 7 members elected each school year who
18are licensed certified classroom teachers or other licensed
19certificated personnel, who are employed at the attendance
20center, and who desire to be members of the committee and (ii)
21the 2 teacher members of the local school council. The teacher
22members of the local school council shall serve as co-chairs
23of the committee, or one teacher member of the local school
24council chosen by the committee shall serve as chair of the
25committee. The size of the committee shall be determined by

 

 

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1the licensed certified classroom teachers and other licensed
2certificated personnel at the attendance center, including the
3principal.
4    (b) The purpose of the committee is to develop and
5formally present recommendations to the principal and the
6local school council on all matters of educational program,
7including but not limited to curriculum, school improvement
8plan development and implementation, and school budgeting.
9    (c) For the elected committee members, the principal shall
10convene a publicized meeting of all licensed certified
11classroom teachers and other licensed certificated personnel,
12at which meeting those licensed certified classroom teachers
13and other licensed certificated personnel present, excluding
14the principal, shall elect members to serve on the committee.
15A staff member eligible to vote may vote for the same number of
16candidates in the election as the number of members to be
17elected, but votes shall not be cumulated. Ties shall be
18determined by lot. Vacancies shall be filled in like manner.
19    (d) All committee meetings shall be held before or after
20school with no loss of instructional time. Committee members
21shall receive no compensation for their activities as
22committee members.
23    (e) In furtherance of its purpose, the committee shall
24have the authority to gather information from school staff
25through interviews, on noninstructional time, without the
26prior approval of the principal, the local school council, the

 

 

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1board, the board's chief executive officer, or the chief
2executive officer's administrative staff.
3    The committee shall meet once a month with the principal
4to make recommendations to the principal regarding the
5specific methods and contents of the school's curriculum and
6to make other educational improvement recommendations approved
7by the committee. A report from the committee regarding these
8matters may be an agenda item at each regular meeting of the
9local school council.
10    The principal shall provide the committee with the
11opportunity to review and make recommendations regarding the
12school improvement plan and school budget. The teacher members
13of the local school council may bring motions concerning the
14recommendations approved by the committee, which motions shall
15formally be considered at meetings of the local school
16council.
17(Source: P.A. 93-48, eff. 7-1-03.)
 
18    (105 ILCS 5/34-8.1)  (from Ch. 122, par. 34-8.1)
19    Sec. 34-8.1. Principals. Principals shall be employed to
20supervise the operation of each attendance center. Their
21powers and duties shall include but not be limited to the
22authority (i) to direct, supervise, evaluate, and suspend with
23or without pay or otherwise discipline all teachers, assistant
24principals, and other employees assigned to the attendance
25center in accordance with board rules and policies and (ii) to

 

 

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1direct all other persons assigned to the attendance center
2pursuant to a contract with a third party to provide services
3to the school system. The right to employ, discharge, and
4layoff shall be vested solely with the board, provided that
5decisions to discharge or suspend nonlicensed non-certified
6employees, including disciplinary layoffs, and the termination
7of licensed certified employees from employment pursuant to a
8layoff or reassignment policy are subject to review under the
9grievance resolution procedure adopted pursuant to subsection
10(c) of Section 10 of the Illinois Educational Labor Relations
11Act. The grievance resolution procedure adopted by the board
12shall provide for final and binding arbitration, and,
13notwithstanding any other provision of law to the contrary,
14the arbitrator's decision may include all make-whole relief,
15including without limitation reinstatement. The principal
16shall fill positions by appointment as provided in this
17Section and may make recommendations to the board regarding
18the employment, discharge, or layoff of any individual. The
19authority of the principal shall include the authority to
20direct the hours during which the attendance center shall be
21open and available for use provided the use complies with
22board rules and policies, to determine when and what
23operations shall be conducted within those hours, and to
24schedule staff within those hours. Under the direction of, and
25subject to the authority of the principal, the Engineer In
26Charge shall be accountable for the safe, economical operation

 

 

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1of the plant and grounds and shall also be responsible for
2orientation, training, and supervising the work of Engineers,
3Trainees, school maintenance assistants, custodial workers and
4other plant operation employees under his or her direction.
5    There shall be established by the board a system of
6semi-annual evaluations conducted by the principal as to
7performance of the engineer in charge. Nothing in this Section
8shall prevent the principal from conducting additional
9evaluations. An overall numerical rating shall be given by the
10principal based on the evaluation conducted by the principal.
11An unsatisfactory numerical rating shall result in
12disciplinary action, which may include, without limitation and
13in the judgment of the principal, loss of promotion or bidding
14procedure, reprimand, suspension with or without pay, or
15recommended dismissal. The board shall establish procedures
16for conducting the evaluation and reporting the results to the
17engineer in charge.
18    Under the direction of, and subject to the authority of,
19the principal, the Food Service Manager is responsible at all
20times for the proper operation and maintenance of the lunch
21room to which he is assigned and shall also be responsible for
22the orientation, training, and supervising the work of cooks,
23bakers, porters, and lunchroom attendants under his or her
24direction.
25    There shall be established by the Board a system of
26semi-annual evaluations conducted by the principal as to the

 

 

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1performance of the food service manager. Nothing in this
2Section shall prevent the principal from conducting additional
3evaluations. An overall numerical rating shall be given by the
4principal based on the evaluation conducted by the principal.
5An unsatisfactory numerical rating shall result in
6disciplinary action which may include, without limitation and
7in the judgment of the principal, loss of promotion or bidding
8procedure, reprimand, suspension with or without pay, or
9recommended dismissal. The board shall establish rules for
10conducting the evaluation and reporting the results to the
11food service manager.
12    Nothing in this Section shall be interpreted to require
13the employment or assignment of an Engineer-In-Charge or a
14Food Service Manager for each attendance center.
15    Principals shall be employed to supervise the educational
16operation of each attendance center. If a principal is absent
17due to extended illness or leave of absence, an assistant
18principal may be assigned as acting principal for a period not
19to exceed 100 school days. Each principal shall assume
20administrative responsibility and instructional leadership, in
21accordance with reasonable rules and regulations of the board,
22for the planning, operation and evaluation of the educational
23program of the attendance center to which he is assigned. The
24principal shall submit recommendations to the general
25superintendent concerning the appointment, dismissal,
26retention, promotion, and assignment of all personnel assigned

 

 

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1to the attendance center; provided, that from and after
2September 1, 1989: (i) if any vacancy occurs in a position at
3the attendance center or if an additional or new position is
4created at the attendance center, that position shall be
5filled by appointment made by the principal in accordance with
6procedures established and provided by the Board whenever the
7majority of the duties included in that position are to be
8performed at the attendance center which is under the
9principal's supervision, and each such appointment so made by
10the principal shall be made and based upon merit and ability to
11perform in that position without regard to seniority or length
12of service, provided, that such appointments shall be subject
13to the Board's desegregation obligations, including but not
14limited to the Consent Decree and Desegregation Plan in U.S.
15v. Chicago Board of Education; (ii) the principal shall submit
16recommendations based upon merit and ability to perform in the
17particular position, without regard to seniority or length of
18service, to the general superintendent concerning the
19appointment of any teacher, teacher aide, counselor, clerk,
20hall guard, security guard and any other personnel which is to
21be made by the general superintendent whenever less than a
22majority of the duties of that teacher, teacher aide,
23counselor, clerk, hall guard, and security guard and any other
24personnel are to be performed at the attendance center which
25is under the principal's supervision; and (iii) subject to law
26and the applicable collective bargaining agreements, the

 

 

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1authority and responsibilities of a principal with respect to
2the evaluation of all teachers and other personnel assigned to
3an attendance center shall commence immediately upon his or
4her appointment as principal of the attendance center, without
5regard to the length of time that he or she has been the
6principal of that attendance center.
7    Notwithstanding the existence of any other law of this
8State, nothing in this Act shall prevent the board from
9entering into a contract with a third party for services
10currently performed by any employee or bargaining unit member.
11    Notwithstanding any other provision of this Article, each
12principal may approve contracts, binding on the board, in the
13amount of no more than $10,000, if the contract is endorsed by
14the Local School Council.
15    Unless otherwise prohibited by law or by rule of the
16board, the principal shall provide to local school council
17members copies of all internal audits and any other pertinent
18information generated by any audits or reviews of the programs
19and operation of the attendance center.
20    Each principal shall hold a valid Professional Educator
21License administrative certificate issued or exchanged in
22accordance with Article 21B 21 and endorsed as required by
23that Article for the position of principal. The board may
24establish or impose academic, educational, examination, and
25experience requirements and criteria that are in addition to
26those established and required by Article 21B 21 for issuance

 

 

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1of a valid license certificate endorsed for the position of
2principal as a condition of the nomination, selection,
3appointment, employment, or continued employment of a person
4as principal of any attendance center, or as a condition of the
5renewal of any principal's performance contract.
6    The board shall specify in its formal job description for
7principals, and from and after July 1, 1990 shall specify in
8the 4 year performance contracts for use with respect to all
9principals, that his or her primary responsibility is in the
10improvement of instruction. A majority of the time spent by a
11principal shall be spent on curriculum and staff development
12through both formal and informal activities, establishing
13clear lines of communication regarding school goals,
14accomplishments, practices and policies with parents and
15teachers. The principal, with the assistance of the local
16school council, shall develop a school improvement plan as
17provided in Section 34-2.4 and, upon approval of the plan by
18the local school council, shall be responsible for directing
19implementation of the plan. The principal, with the assistance
20of the professional personnel leadership committee, shall
21develop the specific methods and contents of the school's
22curriculum within the board's system-wide curriculum standards
23and objectives and the requirements of the school improvement
24plan. The board shall ensure that all principals are evaluated
25on their instructional leadership ability and their ability to
26maintain a positive education and learning climate. It shall

 

 

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1also be the responsibility of the principal to utilize
2resources of proper law enforcement agencies when the safety
3and welfare of students and teachers are threatened by illegal
4use of drugs and alcohol, by illegal use or possession of
5weapons, or by illegal gang activity.
6    Nothing in this Section shall prohibit the board and the
7exclusive representative of the district's teachers from
8entering into an agreement under Section 34-85c of this Code
9to establish alternative procedures for teacher evaluation,
10remediation, and removal for cause after remediation,
11including an alternative system for peer evaluation and
12recommendations, for teachers assigned to schools identified
13in that agreement.
14    On or before October 1, 1989, the Board of Education, in
15consultation with any professional organization representing
16principals in the district, shall promulgate rules and
17implement a lottery for the purpose of determining whether a
18principal's existing performance contract (including the
19performance contract applicable to any principal's position in
20which a vacancy then exists) expires on June 30, 1990 or on
21June 30, 1991, and whether the ensuing 4 year performance
22contract begins on July 1, 1990 or July 1, 1991. The Board of
23Education shall establish and conduct the lottery in such
24manner that of all the performance contracts of principals
25(including the performance contracts applicable to all
26principal positions in which a vacancy then exists), 50% of

 

 

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1such contracts shall expire on June 30, 1990, and 50% shall
2expire on June 30, 1991. All persons serving as principal on
3May 1, 1989, and all persons appointed as principal after May
41, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
5other than as provided by Section 34-2.3, shall be deemed by
6operation of law to be serving under a performance contract
7which expires on June 30, 1990 or June 30, 1991; and unless
8such performance contract of any such principal is renewed (or
9such person is again appointed to serve as principal) in the
10manner provided by Section 34-2.2 or 34-2.3, the employment of
11such person as principal shall terminate on June 30, 1990 or
12June 30, 1991.
13    Commencing on July 1, 1990, or on July 1, 1991, and
14thereafter, the principal of each attendance center shall be
15the person selected in the manner provided by Section 34-2.3
16to serve as principal of that attendance center under a 4 year
17performance contract. All performance contracts of principals
18expiring after July 1, 1990, or July 1, 1991, shall commence on
19the date specified in the contract, and the renewal of their
20performance contracts and the appointment of principals when
21their performance contracts are not renewed shall be governed
22by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the
23office of a principal occurs for any reason, the vacancy shall
24be filled by the selection of a new principal to serve under a
254 year performance contract in the manner provided by Section
2634-2.3.

 

 

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1    The board of education shall develop and prepare, in
2consultation with the organization representing principals, a
3performance contract for use at all attendance centers, and
4shall furnish the same to each local school council. The term
5of the performance contract shall be 4 years, unless the
6principal is retained by the decision of a hearing officer
7pursuant to subdivision 1.5 of Section 34-2.3, in which case
8the contract shall be extended for 2 years. The performance
9contract of each principal shall consist of the uniform
10performance contract, as developed or from time to time
11modified by the board, and such additional criteria as are
12established by a local school council pursuant to Section
1334-2.3 for the performance contract of its principal.
14    During the term of his or her performance contract, a
15principal may be removed only as provided for in the
16performance contract except for cause. He or she shall also be
17obliged to follow the rules of the board of education
18concerning conduct and efficiency.
19    In the event the performance contract of a principal is
20not renewed or a principal is not reappointed as principal
21under a new performance contract, or in the event a principal
22is appointed to any position of superintendent or higher
23position, or voluntarily resigns his position of principal,
24his or her employment as a principal shall terminate and such
25former principal shall not be reinstated to the position from
26which he or she was promoted to principal, except that he or

 

 

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1she, if otherwise qualified and licensed certified in
2accordance with Article 21B 21, shall be placed by the board on
3appropriate eligibility lists which it prepares for use in the
4filling of vacant or additional or newly created positions for
5teachers. The principal's total years of service to the board
6as both a teacher and a principal, or in other professional
7capacities, shall be used in calculating years of experience
8for purposes of being selected as a teacher into new,
9additional or vacant positions.
10    In the event the performance contract of a principal is
11not renewed or a principal is not reappointed as principal
12under a new performance contract, such principal shall be
13eligible to continue to receive his or her previously provided
14level of health insurance benefits for a period of 90 days
15following the non-renewal of the contract at no expense to the
16principal, provided that such principal has not retired.
17(Source: P.A. 99-642, eff. 7-28-16.)
 
18    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
19    Sec. 34-18. Powers of the board. The board shall exercise
20general supervision and jurisdiction over the public education
21and the public school system of the city, and, except as
22otherwise provided by this Article, shall have power:
23        1. To make suitable provision for the establishment
24    and maintenance throughout the year or for such portion
25    thereof as it may direct, not less than 9 months and in

 

 

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1    compliance with Section 10-19.05, of schools of all grades
2    and kinds, including normal schools, high schools, night
3    schools, schools for defectives and delinquents, parental
4    and truant schools, schools for the blind, the deaf, and
5    persons with physical disabilities, schools or classes in
6    manual training, constructural and vocational teaching,
7    domestic arts, and physical culture, vocation and
8    extension schools and lecture courses, and all other
9    educational courses and facilities, including
10    establishing, equipping, maintaining and operating
11    playgrounds and recreational programs, when such programs
12    are conducted in, adjacent to, or connected with any
13    public school under the general supervision and
14    jurisdiction of the board; provided that the calendar for
15    the school term and any changes must be submitted to and
16    approved by the State Board of Education before the
17    calendar or changes may take effect, and provided that in
18    allocating funds from year to year for the operation of
19    all attendance centers within the district, the board
20    shall ensure that supplemental general State aid or
21    supplemental grant funds are allocated and applied in
22    accordance with Section 18-8, 18-8.05, or 18-8.15. To
23    admit to such schools without charge foreign exchange
24    students who are participants in an organized exchange
25    student program which is authorized by the board. The
26    board shall permit all students to enroll in

 

 

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1    apprenticeship programs in trade schools operated by the
2    board, whether those programs are union-sponsored or not.
3    No student shall be refused admission into or be excluded
4    from any course of instruction offered in the common
5    schools by reason of that student's sex. No student shall
6    be denied equal access to physical education and
7    interscholastic athletic programs supported from school
8    district funds or denied participation in comparable
9    physical education and athletic programs solely by reason
10    of the student's sex. Equal access to programs supported
11    from school district funds and comparable programs will be
12    defined in rules promulgated by the State Board of
13    Education in consultation with the Illinois High School
14    Association. Notwithstanding any other provision of this
15    Article, neither the board of education nor any local
16    school council or other school official shall recommend
17    that children with disabilities be placed into regular
18    education classrooms unless those children with
19    disabilities are provided with supplementary services to
20    assist them so that they benefit from the regular
21    classroom instruction and are included on the teacher's
22    regular education class register;
23        2. To furnish lunches to pupils, to make a reasonable
24    charge therefor, and to use school funds for the payment
25    of such expenses as the board may determine are necessary
26    in conducting the school lunch program;

 

 

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1        3. To co-operate with the circuit court;
2        4. To make arrangements with the public or
3    quasi-public libraries and museums for the use of their
4    facilities by teachers and pupils of the public schools;
5        5. To employ dentists and prescribe their duties for
6    the purpose of treating the pupils in the schools, but
7    accepting such treatment shall be optional with parents or
8    guardians;
9        6. To grant the use of assembly halls and classrooms
10    when not otherwise needed, including light, heat, and
11    attendants, for free public lectures, concerts, and other
12    educational and social interests, free of charge, under
13    such provisions and control as the principal of the
14    affected attendance center may prescribe;
15        7. To apportion the pupils to the several schools;
16    provided that no pupil shall be excluded from or
17    segregated in any such school on account of his color,
18    race, sex, or nationality. The board shall take into
19    consideration the prevention of segregation and the
20    elimination of separation of children in public schools
21    because of color, race, sex, or nationality. Except that
22    children may be committed to or attend parental and social
23    adjustment schools established and maintained either for
24    boys or girls only. All records pertaining to the
25    creation, alteration or revision of attendance areas shall
26    be open to the public. Nothing herein shall limit the

 

 

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1    board's authority to establish multi-area attendance
2    centers or other student assignment systems for
3    desegregation purposes or otherwise, and to apportion the
4    pupils to the several schools. Furthermore, beginning in
5    school year 1994-95, pursuant to a board plan adopted by
6    October 1, 1993, the board shall offer, commencing on a
7    phased-in basis, the opportunity for families within the
8    school district to apply for enrollment of their children
9    in any attendance center within the school district which
10    does not have selective admission requirements approved by
11    the board. The appropriate geographical area in which such
12    open enrollment may be exercised shall be determined by
13    the board of education. Such children may be admitted to
14    any such attendance center on a space available basis
15    after all children residing within such attendance
16    center's area have been accommodated. If the number of
17    applicants from outside the attendance area exceed the
18    space available, then successful applicants shall be
19    selected by lottery. The board of education's open
20    enrollment plan must include provisions that allow
21    low-income students to have access to transportation
22    needed to exercise school choice. Open enrollment shall be
23    in compliance with the provisions of the Consent Decree
24    and Desegregation Plan cited in Section 34-1.01;
25        8. To approve programs and policies for providing
26    transportation services to students. Nothing herein shall

 

 

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1    be construed to permit or empower the State Board of
2    Education to order, mandate, or require busing or other
3    transportation of pupils for the purpose of achieving
4    racial balance in any school;
5        9. Subject to the limitations in this Article, to
6    establish and approve system-wide curriculum objectives
7    and standards, including graduation standards, which
8    reflect the multi-cultural diversity in the city and are
9    consistent with State law, provided that for all purposes
10    of this Article courses or proficiency in American Sign
11    Language shall be deemed to constitute courses or
12    proficiency in a foreign language; and to employ
13    principals and teachers, appointed as provided in this
14    Article, and fix their compensation. The board shall
15    prepare such reports related to minimal competency testing
16    as may be requested by the State Board of Education and, in
17    addition, shall monitor and approve special education and
18    bilingual education programs and policies within the
19    district to ensure that appropriate services are provided
20    in accordance with applicable State and federal laws to
21    children requiring services and education in those areas;
22        10. To employ non-teaching personnel or utilize
23    volunteer personnel for: (i) non-teaching duties not
24    requiring instructional judgment or evaluation of pupils,
25    including library duties; and (ii) supervising study
26    halls, long distance teaching reception areas used

 

 

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1    incident to instructional programs transmitted by
2    electronic media such as computers, video, and audio,
3    detention and discipline areas, and school-sponsored
4    extracurricular activities. The board may further utilize
5    volunteer nonlicensed non-certificated personnel or employ
6    nonlicensed non-certificated personnel to assist in the
7    instruction of pupils under the immediate supervision of a
8    teacher holding a valid educator license certificate,
9    directly engaged in teaching subject matter or conducting
10    activities; provided that the teacher shall be
11    continuously aware of the nonlicensed non-certificated
12    persons' activities and shall be able to control or modify
13    them. The general superintendent shall determine
14    qualifications of such personnel and shall prescribe rules
15    for determining the duties and activities to be assigned
16    to such personnel;
17        10.5. To utilize volunteer personnel from a regional
18    School Crisis Assistance Team (S.C.A.T.), created as part
19    of the Safe to Learn Program established pursuant to
20    Section 25 of the Illinois Violence Prevention Act of
21    1995, to provide assistance to schools in times of
22    violence or other traumatic incidents within a school
23    community by providing crisis intervention services to
24    lessen the effects of emotional trauma on individuals and
25    the community; the School Crisis Assistance Team Steering
26    Committee shall determine the qualifications for

 

 

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1    volunteers;
2        11. To provide television studio facilities in not to
3    exceed one school building and to provide programs for
4    educational purposes, provided, however, that the board
5    shall not construct, acquire, operate, or maintain a
6    television transmitter; to grant the use of its studio
7    facilities to a licensed television station located in the
8    school district; and to maintain and operate not to exceed
9    one school radio transmitting station and provide programs
10    for educational purposes;
11        12. To offer, if deemed appropriate, outdoor education
12    courses, including field trips within the State of
13    Illinois, or adjacent states, and to use school
14    educational funds for the expense of the said outdoor
15    educational programs, whether within the school district
16    or not;
17        13. During that period of the calendar year not
18    embraced within the regular school term, to provide and
19    conduct courses in subject matters normally embraced in
20    the program of the schools during the regular school term
21    and to give regular school credit for satisfactory
22    completion by the student of such courses as may be
23    approved for credit by the State Board of Education;
24        14. To insure against any loss or liability of the
25    board, the former School Board Nominating Commission,
26    Local School Councils, the Chicago Schools Academic

 

 

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1    Accountability Council, or the former Subdistrict Councils
2    or of any member, officer, agent, or employee thereof,
3    resulting from alleged violations of civil rights arising
4    from incidents occurring on or after September 5, 1967 or
5    from the wrongful or negligent act or omission of any such
6    person whether occurring within or without the school
7    premises, provided the officer, agent, or employee was, at
8    the time of the alleged violation of civil rights or
9    wrongful act or omission, acting within the scope of his
10    or her employment or under direction of the board, the
11    former School Board Nominating Commission, the Chicago
12    Schools Academic Accountability Council, Local School
13    Councils, or the former Subdistrict Councils; and to
14    provide for or participate in insurance plans for its
15    officers and employees, including, but not limited to,
16    retirement annuities, medical, surgical and
17    hospitalization benefits in such types and amounts as may
18    be determined by the board; provided, however, that the
19    board shall contract for such insurance only with an
20    insurance company authorized to do business in this State.
21    Such insurance may include provision for employees who
22    rely on treatment by prayer or spiritual means alone for
23    healing, in accordance with the tenets and practice of a
24    recognized religious denomination;
25        15. To contract with the corporate authorities of any
26    municipality or the county board of any county, as the

 

 

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1    case may be, to provide for the regulation of traffic in
2    parking areas of property used for school purposes, in
3    such manner as is provided by Section 11-209 of the
4    Illinois Vehicle Code;
5        16. (a) To provide, on an equal basis, access to a high
6    school campus and student directory information to the
7    official recruiting representatives of the armed forces of
8    Illinois and the United States for the purposes of
9    informing students of the educational and career
10    opportunities available in the military if the board has
11    provided such access to persons or groups whose purpose is
12    to acquaint students with educational or occupational
13    opportunities available to them. The board is not required
14    to give greater notice regarding the right of access to
15    recruiting representatives than is given to other persons
16    and groups. In this paragraph 16, "directory information"
17    means a high school student's name, address, and telephone
18    number.
19        (b) If a student or his or her parent or guardian
20    submits a signed, written request to the high school
21    before the end of the student's sophomore year (or if the
22    student is a transfer student, by another time set by the
23    high school) that indicates that the student or his or her
24    parent or guardian does not want the student's directory
25    information to be provided to official recruiting
26    representatives under subsection (a) of this Section, the

 

 

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1    high school may not provide access to the student's
2    directory information to these recruiting representatives.
3    The high school shall notify its students and their
4    parents or guardians of the provisions of this subsection
5    (b).
6        (c) A high school may require official recruiting
7    representatives of the armed forces of Illinois and the
8    United States to pay a fee for copying and mailing a
9    student's directory information in an amount that is not
10    more than the actual costs incurred by the high school.
11        (d) Information received by an official recruiting
12    representative under this Section may be used only to
13    provide information to students concerning educational and
14    career opportunities available in the military and may not
15    be released to a person who is not involved in recruiting
16    students for the armed forces of Illinois or the United
17    States;
18        17. (a) To sell or market any computer program
19    developed by an employee of the school district, provided
20    that such employee developed the computer program as a
21    direct result of his or her duties with the school
22    district or through the utilization of school district
23    resources or facilities. The employee who developed the
24    computer program shall be entitled to share in the
25    proceeds of such sale or marketing of the computer
26    program. The distribution of such proceeds between the

 

 

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1    employee and the school district shall be as agreed upon
2    by the employee and the school district, except that
3    neither the employee nor the school district may receive
4    more than 90% of such proceeds. The negotiation for an
5    employee who is represented by an exclusive bargaining
6    representative may be conducted by such bargaining
7    representative at the employee's request.
8        (b) For the purpose of this paragraph 17:
9            (1) "Computer" means an internally programmed,
10        general purpose digital device capable of
11        automatically accepting data, processing data and
12        supplying the results of the operation.
13            (2) "Computer program" means a series of coded
14        instructions or statements in a form acceptable to a
15        computer, which causes the computer to process data in
16        order to achieve a certain result.
17            (3) "Proceeds" means profits derived from the
18        marketing or sale of a product after deducting the
19        expenses of developing and marketing such product;
20        18. To delegate to the general superintendent of
21    schools, by resolution, the authority to approve contracts
22    and expenditures in amounts of $10,000 or less;
23        19. Upon the written request of an employee, to
24    withhold from the compensation of that employee any dues,
25    payments, or contributions payable by such employee to any
26    labor organization as defined in the Illinois Educational

 

 

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1    Labor Relations Act. Under such arrangement, an amount
2    shall be withheld from each regular payroll period which
3    is equal to the pro rata share of the annual dues plus any
4    payments or contributions, and the board shall transmit
5    such withholdings to the specified labor organization
6    within 10 working days from the time of the withholding;
7        19a. Upon receipt of notice from the comptroller of a
8    municipality with a population of 500,000 or more, a
9    county with a population of 3,000,000 or more, the Cook
10    County Forest Preserve District, the Chicago Park
11    District, the Metropolitan Water Reclamation District, the
12    Chicago Transit Authority, or a housing authority of a
13    municipality with a population of 500,000 or more that a
14    debt is due and owing the municipality, the county, the
15    Cook County Forest Preserve District, the Chicago Park
16    District, the Metropolitan Water Reclamation District, the
17    Chicago Transit Authority, or the housing authority by an
18    employee of the Chicago Board of Education, to withhold,
19    from the compensation of that employee, the amount of the
20    debt that is due and owing and pay the amount withheld to
21    the municipality, the county, the Cook County Forest
22    Preserve District, the Chicago Park District, the
23    Metropolitan Water Reclamation District, the Chicago
24    Transit Authority, or the housing authority; provided,
25    however, that the amount deducted from any one salary or
26    wage payment shall not exceed 25% of the net amount of the

 

 

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1    payment. Before the Board deducts any amount from any
2    salary or wage of an employee under this paragraph, the
3    municipality, the county, the Cook County Forest Preserve
4    District, the Chicago Park District, the Metropolitan
5    Water Reclamation District, the Chicago Transit Authority,
6    or the housing authority shall certify that (i) the
7    employee has been afforded an opportunity for a hearing to
8    dispute the debt that is due and owing the municipality,
9    the county, the Cook County Forest Preserve District, the
10    Chicago Park District, the Metropolitan Water Reclamation
11    District, the Chicago Transit Authority, or the housing
12    authority and (ii) the employee has received notice of a
13    wage deduction order and has been afforded an opportunity
14    for a hearing to object to the order. For purposes of this
15    paragraph, "net amount" means that part of the salary or
16    wage payment remaining after the deduction of any amounts
17    required by law to be deducted and "debt due and owing"
18    means (i) a specified sum of money owed to the
19    municipality, the county, the Cook County Forest Preserve
20    District, the Chicago Park District, the Metropolitan
21    Water Reclamation District, the Chicago Transit Authority,
22    or the housing authority for services, work, or goods,
23    after the period granted for payment has expired, or (ii)
24    a specified sum of money owed to the municipality, the
25    county, the Cook County Forest Preserve District, the
26    Chicago Park District, the Metropolitan Water Reclamation

 

 

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1    District, the Chicago Transit Authority, or the housing
2    authority pursuant to a court order or order of an
3    administrative hearing officer after the exhaustion of, or
4    the failure to exhaust, judicial review;
5        20. The board is encouraged to employ a sufficient
6    number of licensed certified school counselors to maintain
7    a student/counselor ratio of 250 to 1 by July 1, 1990. Each
8    counselor shall spend at least 75% of his work time in
9    direct contact with students and shall maintain a record
10    of such time;
11        21. To make available to students vocational and
12    career counseling and to establish 5 special career
13    counseling days for students and parents. On these days
14    representatives of local businesses and industries shall
15    be invited to the school campus and shall inform students
16    of career opportunities available to them in the various
17    businesses and industries. Special consideration shall be
18    given to counseling minority students as to career
19    opportunities available to them in various fields. For the
20    purposes of this paragraph, minority student means a
21    person who is any of the following:
22        (a) American Indian or Alaska Native (a person having
23    origins in any of the original peoples of North and South
24    America, including Central America, and who maintains
25    tribal affiliation or community attachment).
26        (b) Asian (a person having origins in any of the

 

 

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1    original peoples of the Far East, Southeast Asia, or the
2    Indian subcontinent, including, but not limited to,
3    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
4    the Philippine Islands, Thailand, and Vietnam).
5        (c) Black or African American (a person having origins
6    in any of the black racial groups of Africa).
7        (d) Hispanic or Latino (a person of Cuban, Mexican,
8    Puerto Rican, South or Central American, or other Spanish
9    culture or origin, regardless of race).
10        (e) Native Hawaiian or Other Pacific Islander (a
11    person having origins in any of the original peoples of
12    Hawaii, Guam, Samoa, or other Pacific Islands).
13        Counseling days shall not be in lieu of regular school
14    days;
15        22. To report to the State Board of Education the
16    annual student dropout rate and number of students who
17    graduate from, transfer from, or otherwise leave bilingual
18    programs;
19        23. Except as otherwise provided in the Abused and
20    Neglected Child Reporting Act or other applicable State or
21    federal law, to permit school officials to withhold, from
22    any person, information on the whereabouts of any child
23    removed from school premises when the child has been taken
24    into protective custody as a victim of suspected child
25    abuse. School officials shall direct such person to the
26    Department of Children and Family Services or to the local

 

 

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1    law enforcement agency, if appropriate;
2        24. To develop a policy, based on the current state of
3    existing school facilities, projected enrollment, and
4    efficient utilization of available resources, for capital
5    improvement of schools and school buildings within the
6    district, addressing in that policy both the relative
7    priority for major repairs, renovations, and additions to
8    school facilities and the advisability or necessity of
9    building new school facilities or closing existing schools
10    to meet current or projected demographic patterns within
11    the district;
12        25. To make available to the students in every high
13    school attendance center the ability to take all courses
14    necessary to comply with the Board of Higher Education's
15    college entrance criteria effective in 1993;
16        26. To encourage mid-career changes into the teaching
17    profession, whereby qualified professionals become
18    licensed certified teachers, by allowing credit for
19    professional employment in related fields when determining
20    point of entry on the teacher pay scale;
21        27. To provide or contract out training programs for
22    administrative personnel and principals with revised or
23    expanded duties pursuant to this Code in order to ensure
24    they have the knowledge and skills to perform their
25    duties;
26        28. To establish a fund for the prioritized special

 

 

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1    needs programs, and to allocate such funds and other lump
2    sum amounts to each attendance center in a manner
3    consistent with the provisions of part 4 of Section
4    34-2.3. Nothing in this paragraph shall be construed to
5    require any additional appropriations of State funds for
6    this purpose;
7        29. (Blank);
8        30. Notwithstanding any other provision of this Act or
9    any other law to the contrary, to contract with third
10    parties for services otherwise performed by employees,
11    including those in a bargaining unit, and to layoff those
12    employees upon 14 days written notice to the affected
13    employees. Those contracts may be for a period not to
14    exceed 5 years and may be awarded on a system-wide basis.
15    The board may not operate more than 30 contract schools,
16    provided that the board may operate an additional 5
17    contract turnaround schools pursuant to item (5.5) of
18    subsection (d) of Section 34-8.3 of this Code, and the
19    governing bodies of contract schools are subject to the
20    Freedom of Information Act and Open Meetings Act;
21        31. To promulgate rules establishing procedures
22    governing the layoff or reduction in force of employees
23    and the recall of such employees, including, but not
24    limited to, criteria for such layoffs, reductions in force
25    or recall rights of such employees and the weight to be
26    given to any particular criterion. Such criteria shall

 

 

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1    take into account factors, including, but not limited to,
2    qualifications, certifications, experience, performance
3    ratings or evaluations, and any other factors relating to
4    an employee's job performance;
5        32. To develop a policy to prevent nepotism in the
6    hiring of personnel or the selection of contractors;
7        33. (Blank); and
8        34. To establish a Labor Management Council to the
9    board comprised of representatives of the board, the chief
10    executive officer, and those labor organizations that are
11    the exclusive representatives of employees of the board
12    and to promulgate policies and procedures for the
13    operation of the Council.
14    The specifications of the powers herein granted are not to
15be construed as exclusive, but the board shall also exercise
16all other powers that may be requisite or proper for the
17maintenance and the development of a public school system, not
18inconsistent with the other provisions of this Article or
19provisions of this Code which apply to all school districts.
20    In addition to the powers herein granted and authorized to
21be exercised by the board, it shall be the duty of the board to
22review or to direct independent reviews of special education
23expenditures and services. The board shall file a report of
24such review with the General Assembly on or before May 1, 1990.
25(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
26102-465, eff. 1-1-22; 102-558, eff. 8-20-21.)
 

 

 

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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
3of the Statewide Sex Offender Database and Statewide Murderer
4and Violent Offender Against Youth Database.
5    (a) Licensed and nonlicensed applicants for employment
6with the school district are required as a condition of
7employment to authorize a fingerprint-based criminal history
8records check to determine if such applicants have been
9convicted of any disqualifying, enumerated criminal or drug
10offense in subsection (c) of this Section or have been
11convicted, within 7 years of the application for employment
12with the school district, of any other felony under the laws of
13this State or of any offense committed or attempted in any
14other state or against the laws of the United States that, if
15committed or attempted in this State, would have been
16punishable as a felony under the laws of this State.
17Authorization for the check shall be furnished by the
18applicant to the school district, except that if the applicant
19is a substitute teacher seeking employment in more than one
20school district, or a teacher seeking concurrent part-time
21employment positions with more than one school district (as a
22reading specialist, special education teacher or otherwise),
23or an educational support personnel employee seeking
24employment positions with more than one district, any such
25district may require the applicant to furnish authorization

 

 

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1for the check to the regional superintendent of the
2educational service region in which are located the school
3districts in which the applicant is seeking employment as a
4substitute or concurrent part-time teacher or concurrent
5educational support personnel employee. Upon receipt of this
6authorization, the school district or the appropriate regional
7superintendent, as the case may be, shall submit the
8applicant's name, sex, race, date of birth, social security
9number, fingerprint images, and other identifiers, as
10prescribed by the Illinois State Police, to the Illinois State
11Police. The regional superintendent submitting the requisite
12information to the Illinois State Police shall promptly notify
13the school districts in which the applicant is seeking
14employment as a substitute or concurrent part-time teacher or
15concurrent educational support personnel employee that the
16check of the applicant has been requested. The Illinois State
17Police and the Federal Bureau of Investigation shall furnish,
18pursuant to a fingerprint-based criminal history records
19check, records of convictions, forever and hereinafter, until
20expunged, to the president of the school board for the school
21district that requested the check, or to the regional
22superintendent who requested the check. The Illinois State
23Police shall charge the school district or the appropriate
24regional superintendent a fee for conducting such check, which
25fee shall be deposited in the State Police Services Fund and
26shall not exceed the cost of the inquiry; and the applicant

 

 

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1shall not be charged a fee for such check by the school
2district or by the regional superintendent. Subject to
3appropriations for these purposes, the State Superintendent of
4Education shall reimburse the school district and regional
5superintendent for fees paid to obtain criminal history
6records checks under this Section.
7    (a-5) The school district or regional superintendent shall
8further perform a check of the Statewide Sex Offender
9Database, as authorized by the Sex Offender Community
10Notification Law, for each applicant. The check of the
11Statewide Sex Offender Database must be conducted by the
12school district or regional superintendent once for every 5
13years that an applicant remains employed by the school
14district.
15    (a-6) The school district or regional superintendent shall
16further perform a check of the Statewide Murderer and Violent
17Offender Against Youth Database, as authorized by the Murderer
18and Violent Offender Against Youth Community Notification Law,
19for each applicant. The check of the Murderer and Violent
20Offender Against Youth Database must be conducted by the
21school district or regional superintendent once for every 5
22years that an applicant remains employed by the school
23district.
24    (b) Any information concerning the record of convictions
25obtained by the president of the board of education or the
26regional superintendent shall be confidential and may only be

 

 

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1transmitted to the general superintendent of the school
2district or his designee, the appropriate regional
3superintendent if the check was requested by the board of
4education for the school district, the presidents of the
5appropriate board of education or school boards if the check
6was requested from the Illinois State Police by the regional
7superintendent, the State Board of Education and the school
8district as authorized under subsection (b-5), the State
9Superintendent of Education, the State Educator Preparation
10and Licensure Board or any other person necessary to the
11decision of hiring the applicant for employment. A copy of the
12record of convictions obtained from the Illinois State Police
13shall be provided to the applicant for employment. Upon the
14check of the Statewide Sex Offender Database or Statewide
15Murderer and Violent Offender Against Youth Database, the
16school district or regional superintendent shall notify an
17applicant as to whether or not the applicant has been
18identified in the Database. If a check of an applicant for
19employment as a substitute or concurrent part-time teacher or
20concurrent educational support personnel employee in more than
21one school district was requested by the regional
22superintendent, and the Illinois State Police upon a check
23ascertains that the applicant has not been convicted of any of
24the enumerated criminal or drug offenses in subsection (c) of
25this Section or has not been convicted, within 7 years of the
26application for employment with the school district, of any

 

 

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1other felony under the laws of this State or of any offense
2committed or attempted in any other state or against the laws
3of the United States that, if committed or attempted in this
4State, would have been punishable as a felony under the laws of
5this State and so notifies the regional superintendent and if
6the regional superintendent upon a check ascertains that the
7applicant has not been identified in the Sex Offender Database
8or Statewide Murderer and Violent Offender Against Youth
9Database, then the regional superintendent shall issue to the
10applicant a certificate evidencing that as of the date
11specified by the Illinois State Police the applicant has not
12been convicted of any of the enumerated criminal or drug
13offenses in subsection (c) of this Section or has not been
14convicted, within 7 years of the application for employment
15with the school district, of any other felony under the laws of
16this State or of any offense committed or attempted in any
17other state or against the laws of the United States that, if
18committed or attempted in this State, would have been
19punishable as a felony under the laws of this State and
20evidencing that as of the date that the regional
21superintendent conducted a check of the Statewide Sex Offender
22Database or Statewide Murderer and Violent Offender Against
23Youth Database, the applicant has not been identified in the
24Database. The school board of any school district may rely on
25the certificate issued by any regional superintendent to that
26substitute teacher, concurrent part-time teacher, or

 

 

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1concurrent educational support personnel employee or may
2initiate its own criminal history records check of the
3applicant through the Illinois State Police and its own check
4of the Statewide Sex Offender Database or Statewide Murderer
5and Violent Offender Against Youth Database as provided in
6this Section. Any unauthorized release of confidential
7information may be a violation of Section 7 of the Criminal
8Identification Act.
9    (b-5) If a criminal history records check or check of the
10Statewide Sex Offender Database or Statewide Murderer and
11Violent Offender Against Youth Database is performed by a
12regional superintendent for an applicant seeking employment as
13a substitute teacher with the school district, the regional
14superintendent may disclose to the State Board of Education
15whether the applicant has been issued a certificate under
16subsection (b) based on those checks. If the State Board
17receives information on an applicant under this subsection,
18then it must indicate in the Educator Licensure Information
19System for a 90-day period that the applicant has been issued
20or has not been issued a certificate.
21    (c) The board of education shall not knowingly employ a
22person who has been convicted of any offense that would
23subject him or her to license suspension or revocation
24pursuant to Section 21B-80 of this Code, except as provided
25under subsection (b) of 21B-80. Further, the board of
26education shall not knowingly employ a person who has been

 

 

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1found to be the perpetrator of sexual or physical abuse of any
2minor under 18 years of age pursuant to proceedings under
3Article II of the Juvenile Court Act of 1987. As a condition of
4employment, the board of education must consider the status of
5a person who has been issued an indicated finding of abuse or
6neglect of a child by the Department of Children and Family
7Services under the Abused and Neglected Child Reporting Act or
8by a child welfare agency of another jurisdiction.
9    (d) The board of education shall not knowingly employ a
10person for whom a criminal history records check and a
11Statewide Sex Offender Database check have not been initiated.
12    (e) Within 10 days after the general superintendent of
13schools, a regional office of education, or an entity that
14provides background checks of license holders to public
15schools receives information of a pending criminal charge
16against a license holder for an offense set forth in Section
1721B-80 of this Code, the superintendent, regional office of
18education, or entity must notify the State Superintendent of
19Education of the pending criminal charge.
20    No later than 15 business days after receipt of a record of
21conviction or of checking the Statewide Murderer and Violent
22Offender Against Youth Database or the Statewide Sex Offender
23Database and finding a registration, the general
24superintendent of schools or the applicable regional
25superintendent shall, in writing, notify the State
26Superintendent of Education of any license holder who has been

 

 

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1convicted of a crime set forth in Section 21B-80 of this Code.
2Upon receipt of the record of a conviction of or a finding of
3child abuse by a holder of any license issued pursuant to
4Article 21B or Section 34-8.1 or 34-83 of this Code, the State
5Superintendent of Education may initiate licensure suspension
6and revocation proceedings as authorized by law. If the
7receipt of the record of conviction or finding of child abuse
8is received within 6 months after the initial grant of or
9renewal of a license, the State Superintendent of Education
10may rescind the license holder's license.
11    (e-5) The general superintendent of schools shall, in
12writing, notify the State Superintendent of Education of any
13license holder whom he or she has reasonable cause to believe
14has committed an intentional act of abuse or neglect with the
15result of making a child an abused child or a neglected child,
16as defined in Section 3 of the Abused and Neglected Child
17Reporting Act, and that act resulted in the license holder's
18dismissal or resignation from the school district and must
19include the Illinois Educator Identification Number (IEIN) of
20the license holder and a brief description of the misconduct
21alleged. This notification must be submitted within 30 days
22after the dismissal or resignation. The license holder must
23also be contemporaneously sent a copy of the notice by the
24superintendent. All correspondence, documentation, and other
25information so received by the State Superintendent of
26Education, the State Board of Education, or the State Educator

 

 

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1Preparation and Licensure Board under this subsection (e-5) is
2confidential and must not be disclosed to third parties,
3except (i) as necessary for the State Superintendent of
4Education or his or her designee to investigate and prosecute
5pursuant to Article 21B of this Code, (ii) pursuant to a court
6order, (iii) for disclosure to the license holder or his or her
7representative, or (iv) as otherwise provided in this Article
8and provided that any such information admitted into evidence
9in a hearing is exempt from this confidentiality and
10non-disclosure requirement. Except for an act of willful or
11wanton misconduct, any superintendent who provides
12notification as required in this subsection (e-5) shall have
13immunity from any liability, whether civil or criminal or that
14otherwise might result by reason of such action.
15    (f) After March 19, 1990, the provisions of this Section
16shall apply to all employees of persons or firms holding
17contracts with any school district including, but not limited
18to, food service workers, school bus drivers and other
19transportation employees, who have direct, daily contact with
20the pupils of any school in such district. For purposes of
21criminal history records checks and checks of the Statewide
22Sex Offender Database on employees of persons or firms holding
23contracts with more than one school district and assigned to
24more than one school district, the regional superintendent of
25the educational service region in which the contracting school
26districts are located may, at the request of any such school

 

 

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1district, be responsible for receiving the authorization for a
2criminal history records check prepared by each such employee
3and submitting the same to the Illinois State Police and for
4conducting a check of the Statewide Sex Offender Database for
5each employee. Any information concerning the record of
6conviction and identification as a sex offender of any such
7employee obtained by the regional superintendent shall be
8promptly reported to the president of the appropriate school
9board or school boards.
10    (f-5) Upon request of a school or school district, any
11information obtained by the school district pursuant to
12subsection (f) of this Section within the last year must be
13made available to the requesting school or school district.
14    (g) Prior to the commencement of any student teaching
15experience or required internship (which is referred to as
16student teaching in this Section) in the public schools, a
17student teacher is required to authorize a fingerprint-based
18criminal history records check. Authorization for and payment
19of the costs of the check must be furnished by the student
20teacher to the school district. Upon receipt of this
21authorization and payment, the school district shall submit
22the student teacher's name, sex, race, date of birth, social
23security number, fingerprint images, and other identifiers, as
24prescribed by the Illinois State Police, to the Illinois State
25Police. The Illinois State Police and the Federal Bureau of
26Investigation shall furnish, pursuant to a fingerprint-based

 

 

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1criminal history records check, records of convictions,
2forever and hereinafter, until expunged, to the president of
3the board. The Illinois State Police shall charge the school
4district a fee for conducting the check, which fee must not
5exceed the cost of the inquiry and must be deposited into the
6State Police Services Fund. The school district shall further
7perform a check of the Statewide Sex Offender Database, as
8authorized by the Sex Offender Community Notification Law, and
9of the Statewide Murderer and Violent Offender Against Youth
10Database, as authorized by the Murderer and Violent Offender
11Against Youth Registration Act, for each student teacher. The
12board may not knowingly allow a person to student teach for
13whom a criminal history records check, a Statewide Sex
14Offender Database check, and a Statewide Murderer and Violent
15Offender Against Youth Database check have not been completed
16and reviewed by the district.
17    A copy of the record of convictions obtained from the
18Illinois State Police must be provided to the student teacher.
19Any information concerning the record of convictions obtained
20by the president of the board is confidential and may only be
21transmitted to the general superintendent of schools or his or
22her designee, the State Superintendent of Education, the State
23Educator Preparation and Licensure Board, or, for
24clarification purposes, the Illinois State Police or the
25Statewide Sex Offender Database or Statewide Murderer and
26Violent Offender Against Youth Database. Any unauthorized

 

 

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1release of confidential information may be a violation of
2Section 7 of the Criminal Identification Act.
3    The board may not knowingly allow a person to student
4teach who has been convicted of any offense that would subject
5him or her to license suspension or revocation pursuant to
6subsection (c) of Section 21B-80 of this Code, except as
7provided under subsection (b) of Section 21B-80. Further, the
8board may not allow a person to student teach if he or she has
9been found to be the perpetrator of sexual or physical abuse of
10a minor under 18 years of age pursuant to proceedings under
11Article II of the Juvenile Court Act of 1987. The board must
12consider the status of a person to student teach who has been
13issued an indicated finding of abuse or neglect of a child by
14the Department of Children and Family Services under the
15Abused and Neglected Child Reporting Act or by a child welfare
16agency of another jurisdiction.
17    (h) (Blank).
18(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
19101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
201-1-22; revised 10-18-21.)
 
21    (105 ILCS 5/34-18.10)  (from Ch. 122, par. 34-18.10)
22    Sec. 34-18.10. Minority recruitment policy. The board of
23education shall, by 1991, develop and implement a policy of
24recruitment and hiring of minority teachers, other licensed
25certificated employees, and nonlicensed non-certificated

 

 

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1employees, including custodians, lunch room staff, and teacher
2aides.
3(Source: P.A. 86-227; 86-1028.)
 
4    (105 ILCS 5/34-43.1)  (from Ch. 122, par. 34-43.1)
5    Sec. 34-43.1. (A) Limitation of noninstructional costs. It
6is the purpose of this Section to establish for the Board of
7Education and the general superintendent of schools
8requirements and standards which maximize the proportion of
9school district resources in direct support of educational,
10program, and building maintenance and safety services for the
11pupils of the district, and which correspondingly minimize the
12amount and proportion of such resources associated with
13centralized administration, administrative support services,
14and other noninstructional services.
15    The For the 1989-90 school year and for all subsequent
16school years, the Board of Education shall undertake budgetary
17and expenditure control actions which limit the administrative
18expenditures of the Board of Education to levels, as provided
19for in this Section, which represent an average of the
20administrative expenses of all school districts in this State
21not subject to Article 34.
22    (B) Certification of expenses by the State Superintendent
23of Education. The State Superintendent of Education shall
24annually certify, on or before May 1, to the Board of Education
25and the School Finance Authority, for the applicable school

 

 

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1year, the following information:
2        (1) the annual expenditures of all school districts of
3    the State not subject to Article 34 properly attributable
4    to expenditure functions defined by the rules and
5    regulations of the State Board of Education as: 2210
6    (Improvement of Instructional Services); 2300 (Support
7    Services - General Administration) excluding, however,
8    2320 (Executive Administrative Services); 2490 (Other
9    Support Services - School Administration); 2500 (Support
10    Services - Business); 2600 (Support Services - Central);
11        (2) the total annual expenditures of all school
12    districts not subject to Article 34 attributable to the
13    Education Fund, the Operations, Building and Maintenance
14    Fund, the Transportation Fund and the Illinois Municipal
15    Retirement Fund of the several districts, as defined by
16    the rules and regulations of the State Board of Education;
17    and
18        (3) a ratio, to be called the statewide average of
19    administrative expenditures, derived by dividing the
20    expenditures certified pursuant to paragraph (B)(1) by the
21    expenditures certified pursuant to paragraph (B)(2).
22    For purposes of the annual certification of expenditures
23and ratios required by this Section, the "applicable year" of
24certification shall initially be the 1986-87 school year and,
25in sequent years, each succeeding school year.
26    The State Superintendent of Education shall consult with

 

 

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1the Board of Education to ascertain whether particular
2expenditure items allocable to the administrative functions
3enumerated in paragraph (B)(1) are appropriately or
4necessarily higher in the applicable school district than in
5the rest of the State due to noncomparable factors. The State
6Superintendent shall also review the relevant cost proportions
7in other large urban school districts. The State
8Superintendent shall also review the expenditure categories in
9paragraph (B)(1) to ascertain whether they contain
10school-level expenses. If he or she finds that adjustments to
11the formula are appropriate or necessary to establish a more
12fair and comparable standard for administrative cost for the
13Board of Education or to exclude school-level expenses, the
14State Superintendent shall recommend to the Board of Education
15School Finance Authority rules and regulations adjusting
16particular subcategories in this subsection (B) or adjusting
17certain costs in determining the budget and expenditure items
18properly attributable to the functions or otherwise adjust the
19formula.
20    (C) Administrative expenditure limitations. The annual
21budget of the Board of Education, as adopted and implemented,
22and the related annual expenditures for the school year, shall
23reflect a limitation on administrative outlays as required by
24the following provisions, taking into account any adjustments
25established by the State Superintendent of Education: (1) the
26budget and expenditures of the Board of Education for the

 

 

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11989-90 school year shall reflect a ratio of administrative
2expenditures to total expenditures equal to or less than the
3statewide average of administrative expenditures for the
41986-87 school year as certified by the State Superintendent
5of Education pursuant to paragraph (B)(3); (2) for the 1990-91
6school year and for all subsequent school years, the budget
7and expenditures of the Board of Education shall reflect a
8ratio of administrative expenditures to total expenditures
9equal to or less than the statewide average of administrative
10expenditures certified by the State Superintendent of
11Education for the applicable year pursuant to paragraph
12(B)(3); (2) (3) if for any school year the budget of the Board
13of Education reflects a ratio of administrative expenditures
14to total expenditures which exceeds the applicable statewide
15average, the Board of Education shall reduce expenditure items
16allocable to the administrative functions enumerated in
17paragraph (B)(1) such that the Board of Education's ratio of
18administrative expenditures to total expenditures is equal to
19or less than the applicable statewide average ratio.
20    For purposes of this Section, the ratio of administrative
21expenditures to the total expenditures of the Board of
22Education, as applied to the budget of the Board of Education,
23shall mean: the budgeted expenditure items of the Board of
24Education properly attributable to the expenditure functions
25identified in paragraph (B)(1) divided by the total budgeted
26expenditures of the Board of Education properly attributable

 

 

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1to the Board of Education funds corresponding to those funds
2identified in paragraph (B)(2), exclusive of any monies
3budgeted for payment to the Public School Teachers' Pension
4and Retirement System, attributable to payments due from the
5General Funds of the State of Illinois.
6    The annual expenditure of the Board of Education for 2320
7(Executive Administrative Services) for the 1989-90 school
8year shall be no greater than the 2320 expenditure for the
91988-89 school year. The annual expenditure of the Board of
10Education for 2320 for the 1990-91 school year and each
11subsequent school year shall be no greater than the 2320
12expenditure for the immediately preceding school year or the
131988-89 school year, whichever is less. This annual
14expenditure limitation may be adjusted in each year in an
15amount not to exceed any change effective during the
16applicable school year in salary to be paid under the
17collective bargaining agreement with instructional personnel
18to which the Board is a party and in benefit costs either
19required by law or such collective bargaining agreement.
20    (D) Cost control measures. In undertaking actions to
21control or reduce expenditure items necessitated by the
22administrative expenditure limitations of this Section, the
23Board of Education shall give priority consideration to
24reductions or cost controls with the least effect upon direct
25services to students or instructional services for pupils, and
26upon the safety and well-being of pupils, and, as applicable,

 

 

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1with the particular costs or functions to which the Board of
2Education is higher than the statewide average.
3    For purposes of assuring that the cost control priorities
4of this subsection (D) are met, the State Superintendent of
5Education shall, with the assistance of the Board of
6Education, review the cost allocation practices of the Board
7of Education, and the State Superintendent of Education shall
8thereafter recommend to the School Finance Authority rules and
9regulations which define administrative areas which most
10impact upon the direct and instructional needs of students and
11upon the safety and well-being of the pupils of the district.
12No position closed shall be reopened using State or federal
13categorical funds.
14    (E) Report of Audited Information. The For the 1988-89
15school year and for all subsequent school years, the Board of
16Education shall file with the State Board of Education the
17Annual Financial Report and its audit, as required by the
18rules of the State Board of Education. Such reports shall be
19filed no later than February 15 following the end of the school
20year of the Board of Education, beginning with the report to be
21filed no later than February 15, 1990 for the 1988-89 school
22year.
23    As part of the required Annual Financial Report, the Board
24of Education shall provide a detailed accounting of the
25central level, district, bureau and department costs and
26personnel included within expenditure functions included in

 

 

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1paragraph (B)(1). The nature and detail of the reporting
2required for these functions shall be prescribed by the State
3Board of Education in rules and regulations. A copy of this
4detailed accounting shall also be provided annually to the
5School Finance Authority and the public. This report shall
6contain a reconciliation to the board of education's adopted
7budget for that fiscal year, specifically delineating
8administrative functions.
9    If the information required under this Section is not
10provided by the Board of Education in a timely manner, or is
11initially or subsequently determined by the State
12Superintendent of Education to be incomplete or inaccurate,
13the State Superintendent shall, in writing, notify the Board
14of Education of reporting deficiencies. The Board of Education
15shall, within 60 days of such notice, address the reporting
16deficiencies identified. If the State Superintendent of
17Education does not receive satisfactory response to these
18reporting deficiencies within 60 days, the next payment of
19general State aid or evidence-based funding due the Board of
20Education under Section 18-8 or Section 18-8.15, as
21applicable, and all subsequent payments, shall be withheld by
22the State Superintendent of Education until the enumerated
23deficiencies have been addressed.
24    Utilizing the Annual Financial Report, the State
25Superintendent of Education shall certify annually on or
26before May 1 to the School Finance Authority the Board of

 

 

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1Education's ratio of administrative expenditures to total
2expenditures for the 1988-89 school year and for each
3succeeding school year. Such certification shall indicate the
4extent to which the administrative expenditure ratio of the
5Board of Education conformed to the limitations required in
6subsection (C) of this Section, taking into account any
7adjustments of the limitations which may have been recommended
8by the State Superintendent of Education to the Board of
9Education School Finance Authority. In deriving the
10administrative expenditure ratio of the Chicago Board of
11Education, the State Superintendent of Education shall utilize
12the definition of this ratio prescribed in subsection (C) of
13this Section, except that the actual expenditures of the Board
14of Education shall be substituted for budgeted expenditure
15items.
16    (F) Approval and adjustments to administrative expenditure
17limitations. The School Finance Authority organized under
18Article 34A shall monitor the Board of Education's adherence
19to the requirements of this Section. As part of its
20responsibility the School Finance Authority shall determine
21whether the Board of Education's budget for the next school
22year, and the expenditures for a prior school year, comply
23with the limitation of administrative expenditures required by
24this Section. The Board of Education and the State Board of
25Education shall provide such information as is required by the
26School Finance Authority in order for the Authority to

 

 

SB4056 Engrossed- 254 -LRB102 25878 CMG 35234 b

1determine compliance with the provisions of this Section. If
2the Authority determines that the budget proposed by the Board
3of Education does not meet the cost control requirements of
4this Section, the Board of Education shall undertake budgetary
5reductions, consistent with the requirements of this Section,
6to bring the proposed budget into compliance with such cost
7control limitations.
8    If, in formulating cost control and cost reduction
9alternatives, the Board of Education believes that meeting the
10cost control requirements of this Section related to the
11budget for the ensuing year would impair the education,
12safety, or well-being of the pupils of the school district,
13the Board of Education may request that the School Finance
14Authority make adjustments to the limitations required by this
15Section. The Board of Education shall specify the amount,
16nature, and reasons for the relief required and shall also
17identify cost reductions which can be made in expenditure
18functions not enumerated in paragraph (B)(1), which would
19serve the purposes of this Section.
20    The School Finance Authority shall consult with the State
21Superintendent of Education concerning the reasonableness from
22an educational administration perspective of the adjustments
23sought by the Board of Education. The School Finance Authority
24shall provide an opportunity for the public to comment upon
25the reasonableness of the Board's request. If, after such
26consultation, the School Finance Authority determines that all

 

 

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1or a portion of the adjustments sought by the Board of
2Education are reasonably appropriate or necessary, the
3Authority may grant such relief from the provisions of this
4Section which the Authority deems appropriate. Adjustments so
5granted apply only to the specific school year for which the
6request was made.
7    In the event that the School Finance Authority determines
8that the Board of Education has failed to achieve the required
9administrative expenditure limitations for a prior school
10year, or if the Authority determines that the Board of
11Education has not met the requirements of subsection (F), the
12Authority shall make recommendations to the Board of Education
13concerning appropriate corrective actions. If the Board of
14Education fails to provide adequate assurance to the Authority
15that appropriate corrective actions have been or will be
16taken, the Authority may, within 60 days thereafter, require
17the board to adjust its current budget to correct for the prior
18year's shortage or may recommend to the members of the General
19Assembly and the Governor such sanctions or remedial actions
20as will serve to deter any further such failures on the part of
21the Board of Education.
22    To assist the Authority in its monitoring
23responsibilities, the Board of Education shall provide such
24reports and information as are from time to time required by
25the Authority.
26    (G) Independent reviews of administrative expenditures.

 

 

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1The School Finance Authority may direct independent reviews of
2the administrative and administrative support expenditures and
3services and other non-instructional expenditure functions of
4the Board of Education. The Board of Education shall afford
5full cooperation to the School Finance Authority in such
6review activity. The purpose of such reviews shall be to
7verify specific targets for improved operating efficiencies of
8the Board of Education, to identify other areas of potential
9efficiencies, and to assure full and proper compliance by the
10Board of Education with all requirements of this Section.
11    In the conduct of reviews under this subsection, the
12Authority may request the assistance and consultation of the
13State Superintendent of Education with regard to questions of
14efficiency and effectiveness in educational administration.
15    (H) Reports to Governor and General Assembly. On or before
16May 1, 1991 and no less frequently than yearly thereafter, the
17School Finance Authority shall provide to the Governor, the
18State Board of Education, and the members of the General
19Assembly an annual report, as outlined in Section 34A-606,
20which includes the following information: (1) documenting the
21compliance or non-compliance of the Board of Education with
22the requirements of this Section; (2) summarizing the costs,
23findings, and recommendations of any reviews directed by the
24School Finance Authority, and the response to such
25recommendations made by the Board of Education; and (3)
26recommending sanctions or legislation necessary to fulfill the

 

 

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1intent of this Section.
2(Source: P.A. 100-465, eff. 8-31-17.)
 
3    (105 ILCS 5/Art. 1F rep.)
4    (105 ILCS 5/2-3.33a rep.)
5    (105 ILCS 5/2-3.123 rep.)
6    (105 ILCS 5/2-3.128 rep.)
7    (105 ILCS 5/2-3.171 rep.)
8    (105 ILCS 5/2-3.172 rep.)
9    (105 ILCS 5/17-11.2 rep.)
10    (105 ILCS 5/18-8.10 rep.)
11    (105 ILCS 5/21-5e rep.)
12    (105 ILCS 5/34-83 rep.)
13    Section 25. The School Code is amended by repealing
14Article 1F and Sections 2-3.33a, 2-3.123, 2-3.128, 2-3.171,
152-3.172, 17-11.2, 18-8.10, 21-5e, and 34-83.
 
16    Section 30. The School Safety Drill Act is amended by
17changing Sections 5 and 45 as follows:
 
18    (105 ILCS 128/5)
19    Sec. 5. Definitions. In this Act:
20    "First responder" means and includes all fire departments
21and districts, law enforcement agencies and officials,
22emergency medical responders, and emergency management
23officials involved in the execution and documentation of the

 

 

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1drills administered under this Act.
2    "School" means a public or private facility that offers
3elementary or secondary education to students under the age of
421, a charter school authorized by the State Board of
5Education, or a special education cooperative. As used in this
6definition, "public facility" means a facility operated by the
7State or by a unit of local government. As used in this
8definition, "private facility" means any non-profit,
9non-home-based, non-public elementary or secondary school that
10is in compliance with Title VI of the Civil Rights Act of 1964
11and attendance at which satisfies the requirements of Section
1226-1 of the School Code. While more than one school may be
13housed in a facility, for purposes of this Act, the facility
14shall be considered a school. When a school has more than one
15location, for purposes of this Act, each different location
16shall be considered its own school.
17    "School safety drill" means a pre-planned exercise
18conducted by a school in accordance with the drills and
19requirements set forth in this Act.
20(Source: P.A. 94-600, eff. 8-16-05.)
 
21    (105 ILCS 128/45)
22    Sec. 45. Threat assessment procedure.
23    (a) Each school district must implement a threat
24assessment procedure that may be part of a school board policy
25on targeted school violence prevention. The procedure must

 

 

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1include the creation of a threat assessment team. The team
2must include all of the following members:
3        (1) An administrator employed by the school district
4    or a special education cooperative that serves the school
5    district and is available to serve.
6        (2) A teacher employed by the school district or a
7    special education cooperative that serves the school
8    district and is available to serve.
9        (3) A school counselor employed by the school district
10    or a special education cooperative that serves the school
11    district and is available to serve.
12        (4) A school psychologist employed by the school
13    district or a special education cooperative that serves
14    the school district and is available to serve.
15        (5) A school social worker employed by the school
16    district or a special education cooperative that serves
17    the school district and is available to serve.
18        (6) At least one law enforcement official.
19    If a school district is unable to establish a threat
20assessment team with school district staff and resources, it
21may utilize a regional behavioral threat assessment and
22intervention team that includes mental health professionals
23and representatives from the State, county, and local law
24enforcement agencies.
25    (b) A school district shall establish the threat
26assessment team under this Section no later than 180 days

 

 

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1after the effective date of this amendatory Act of the 101st
2General Assembly and must implement an initial threat
3assessment procedure no later than 120 days after the
4effective date of this amendatory Act of the 101st General
5Assembly.
6    (c) Any sharing of student information under this Section
7must comply with the federal Family Educational Rights and
8Privacy Act of 1974 and the Illinois School Student Records
9Act.
10    (d) A charter school must follow the threat assessment
11procedures implemented by its authorizing school district or
12must implement its own threat assessment procedure that
13complies with this Section.
14(Source: P.A. 101-455, eff. 8-23-19.)
 
15    Section 35. The College and Career Success for All
16Students Act is amended by changing Section 25 as follows:
 
17    (105 ILCS 302/25)
18    Sec. 25. AP exam fee reduction waiver program. Subject to
19appropriation, the State Board of Education shall create,
20under the College and Career Success for All Students program
21set forth in this Act, a program in public schools where any
22student who qualifies for free or reduced-price lunches will
23have fees charged by the College Board for Advanced Placement
24exams reduced, via State subsidy, to the greatest extent

 

 

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1possible based on the appropriation.
2(Source: P.A. 102-16, eff. 6-17-21.)
 
3    Section 40. The Illinois Educational Labor Relations Act
4is amended by changing Section 2 as follows:
 
5    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
6    Sec. 2. Definitions. As used in this Act:
7    (a) "Educational employer" or "employer" means the
8governing body of a public school district, including the
9governing body of a charter school established under Article
1027A of the School Code or of a contract school or contract
11turnaround school established under paragraph 30 of Section
1234-18 of the School Code, combination of public school
13districts, including the governing body of joint agreements of
14any type formed by 2 or more school districts, public
15community college district or State college or university, a
16subcontractor of instructional services of a school district
17(other than a school district organized under Article 34 of
18the School Code), combination of school districts, charter
19school established under Article 27A of the School Code, or
20contract school or contract turnaround school established
21under paragraph 30 of Section 34-18 of the School Code, an
22Independent Authority created under Section 2-3.25f-5 of the
23School Code, and any State agency whose major function is
24providing educational services. "Educational employer" or

 

 

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1"employer" does not include (1) a Financial Oversight Panel
2created pursuant to Section 1A-8 of the School Code due to a
3district violating a financial plan or (2) an approved
4nonpublic special education facility that contracts with a
5school district or combination of school districts to provide
6special education services pursuant to Section 14-7.02 of the
7School Code, but does include a School Finance Authority
8created under Article 1E or 1F of the School Code and a
9Financial Oversight Panel created under Article 1B or 1H of
10the School Code. The change made by this amendatory Act of the
1196th General Assembly to this paragraph (a) to make clear that
12the governing body of a charter school is an "educational
13employer" is declaratory of existing law.
14    (b) "Educational employee" or "employee" means any
15individual, excluding supervisors, managerial, confidential,
16short term employees, student, and part-time academic
17employees of community colleges employed full or part time by
18an educational employer, but shall not include elected
19officials and appointees of the Governor with the advice and
20consent of the Senate, firefighters as defined by subsection
21(g-1) of Section 3 of the Illinois Public Labor Relations Act,
22and peace officers employed by a State university. For the
23purposes of this Act, part-time academic employees of
24community colleges shall be defined as those employees who
25provide less than 3 credit hours of instruction per academic
26semester. In this subsection (b), the term "student" does not

 

 

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1include graduate students who are research assistants
2primarily performing duties that involve research, graduate
3assistants primarily performing duties that are
4pre-professional, graduate students who are teaching
5assistants primarily performing duties that involve the
6delivery and support of instruction, or any other graduate
7assistants.
8    (c) "Employee organization" or "labor organization" means
9an organization of any kind in which membership includes
10educational employees, and which exists for the purpose, in
11whole or in part, of dealing with employers concerning
12grievances, employee-employer disputes, wages, rates of pay,
13hours of employment, or conditions of work, but shall not
14include any organization which practices discrimination in
15membership because of race, color, creed, age, gender,
16national origin or political affiliation.
17    (d) "Exclusive representative" means the labor
18organization which has been designated by the Illinois
19Educational Labor Relations Board as the representative of the
20majority of educational employees in an appropriate unit, or
21recognized by an educational employer prior to January 1, 1984
22as the exclusive representative of the employees in an
23appropriate unit or, after January 1, 1984, recognized by an
24employer upon evidence that the employee organization has been
25designated as the exclusive representative by a majority of
26the employees in an appropriate unit.

 

 

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1    (e) "Board" means the Illinois Educational Labor Relations
2Board.
3    (f) "Regional Superintendent" means the regional
4superintendent of schools provided for in Articles 3 and 3A of
5The School Code.
6    (g) "Supervisor" means any individual having authority in
7the interests of the employer to hire, transfer, suspend, lay
8off, recall, promote, discharge, reward or discipline other
9employees within the appropriate bargaining unit and adjust
10their grievances, or to effectively recommend such action if
11the exercise of such authority is not of a merely routine or
12clerical nature but requires the use of independent judgment.
13The term "supervisor" includes only those individuals who
14devote a preponderance of their employment time to such
15exercising authority.
16    (h) "Unfair labor practice" or "unfair practice" means any
17practice prohibited by Section 14 of this Act.
18    (i) "Person" includes an individual, educational employee,
19educational employer, legal representative, or employee
20organization.
21    (j) "Wages" means salaries or other forms of compensation
22for services rendered.
23    (k) "Professional employee" means, in the case of a public
24community college, State college or university, State agency
25whose major function is providing educational services, the
26Illinois School for the Deaf, and the Illinois School for the

 

 

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1Visually Impaired, (1) any employee engaged in work (i)
2predominantly intellectual and varied in character as opposed
3to routine mental, manual, mechanical, or physical work; (ii)
4involving the consistent exercise of discretion and judgment
5in its performance; (iii) of such character that the output
6produced or the result accomplished cannot be standardized in
7relation to a given period of time; and (iv) requiring
8knowledge of an advanced type in a field of science or learning
9customarily acquired by a prolonged course of specialized
10intellectual instruction and study in an institution of higher
11learning or a hospital, as distinguished from a general
12academic education or from an apprenticeship or from training
13in the performance of routine mental, manual, or physical
14processes; or (2) any employee, who (i) has completed the
15courses of specialized intellectual instruction and study
16described in clause (iv) of paragraph (1) of this subsection,
17and (ii) is performing related work under the supervision of a
18professional person to qualify himself or herself to become a
19professional as defined in paragraph (l).
20    (l) "Professional employee" means, in the case of any
21public school district, or combination of school districts
22pursuant to joint agreement, any employee who has a license
23certificate issued under Article 21B 21 or Section 34-83 of
24the School Code, as now or hereafter amended.
25    (m) "Unit" or "bargaining unit" means any group of
26employees for which an exclusive representative is selected.

 

 

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1    (n) "Confidential employee" means an employee, who (i) in
2the regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine and
4effectuate management policies with regard to labor relations
5or who (ii) in the regular course of his or her duties has
6access to information relating to the effectuation or review
7of the employer's collective bargaining policies.
8    (o) "Managerial employee" means an individual who is
9engaged predominantly in executive and management functions
10and is charged with the responsibility of directing the
11effectuation of such management policies and practices.
12    (p) "Craft employee" means a skilled journeyman, craft
13person, and his or her apprentice or helper.
14    (q) "Short-term employee" is an employee who is employed
15for less than 2 consecutive calendar quarters during a
16calendar year and who does not have a reasonable expectation
17that he or she will be rehired by the same employer for the
18same service in a subsequent calendar year. Nothing in this
19subsection shall affect the employee status of individuals who
20were covered by a collective bargaining agreement on the
21effective date of this amendatory Act of 1991.
22(Source: P.A. 101-380, eff. 1-1-20.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    P.A. 102-466, Sec. 99
4    35 ILCS 200/18-50.1
5    35 ILCS 200/18-241
6    40 ILCS 5/17-130from Ch. 108 1/2, par. 17-130
7    105 ILCS 5/1A-4from Ch. 122, par. 1A-4
8    105 ILCS 5/1B-6from Ch. 122, par. 1B-6
9    105 ILCS 5/1B-7.10
10    105 ILCS 5/1B-8from Ch. 122, par. 1B-8
11    105 ILCS 5/1E-35
12    105 ILCS 5/1E-40
13    105 ILCS 5/1H-30
14    105 ILCS 5/2-3.9from Ch. 122, par. 2-3.9
15    105 ILCS 5/2-3.11d
16    105 ILCS 5/2-3.25ifrom Ch. 122, par. 2-3.25i
17    105 ILCS 5/2-3.103from Ch. 122, par. 2-3.103
18    105 ILCS 5/2-3.146
19    105 ILCS 5/10-21.7from Ch. 122, par. 10-21.7
20    105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
21    105 ILCS 5/10-22.18from Ch. 122, par. 10-22.18
22    105 ILCS 5/10-22.23from Ch. 122, par. 10-22.23
23    105 ILCS 5/10-22.23afrom Ch. 122, par. 10-22.23a
24    105 ILCS 5/10-22.24afrom Ch. 122, par. 10-22.24a
25    105 ILCS 5/10-22.34from Ch. 122, par. 10-22.34

 

 

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1    105 ILCS 5/10-22.34afrom Ch. 122, par. 10-22.34a
2    105 ILCS 5/10-22.34bfrom Ch. 122, par. 10-22.34b
3    105 ILCS 5/10-29
4    105 ILCS 5/13B-25.20
5    105 ILCS 5/13B-65
6    105 ILCS 5/13B-65.5
7    105 ILCS 5/14-1.09b
8    105 ILCS 5/14-1.09.1
9    105 ILCS 5/14-1.09.2
10    105 ILCS 5/14-6.04
11    105 ILCS 5/14-7.05
12    105 ILCS 5/14-8.02d
13    105 ILCS 5/14-9.01from Ch. 122, par. 14-9.01
14    105 ILCS 5/14-17
15    105 ILCS 5/18-8.15
16    105 ILCS 5/21B-20
17    105 ILCS 5/22-81
18    105 ILCS 5/27-23.12
19    105 ILCS 5/34-1.1from Ch. 122, par. 34-1.1
20    105 ILCS 5/34-2.3from Ch. 122, par. 34-2.3
21    105 ILCS 5/34-2.4afrom Ch. 122, par. 34-2.4a
22    105 ILCS 5/34-8.1from Ch. 122, par. 34-8.1
23    105 ILCS 5/34-18from Ch. 122, par. 34-18
24    105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5
25    105 ILCS 5/34-18.10from Ch. 122, par. 34-18.10
26    105 ILCS 5/34-43.1from Ch. 122, par. 34-43.1

 

 

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1    105 ILCS 5/Art. 1F rep.
2    105 ILCS 5/2-3.33a rep.
3    105 ILCS 5/2-3.123 rep.
4    105 ILCS 5/2-3.128 rep.
5    105 ILCS 5/2-3.171 rep.
6    105 ILCS 5/2-3.172 rep.
7    105 ILCS 5/17-11.2 rep.
8    105 ILCS 5/18-8.10 rep.
9    105 ILCS 5/21-5e rep.
10    105 ILCS 5/34-83 rep.
11    105 ILCS 128/5
12    105 ILCS 128/45
13    105 ILCS 302/25
14    115 ILCS 5/2from Ch. 48, par. 1702