103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3071

 

Introduced 2/17/2023, by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education is not required to collect and report personally identifiable information on the categories of sex, sexual orientation, and gender identity unless required for federal reporting. Amends the School Code. Makes changes regarding school district standards, recognition levels and annual summative designations, rewards, priority and focus districts, including changing the terminology to Targeted, Comprehensive, and Intensive schools, State interventions, and an Independent Authority. In provisions regarding isolated time out, time out, and physical restraint, changes certain references concerning schools and school districts to entities; defines "entities". In various provisions regarding allergens, replaces references to the "Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form" with "allergy emergency action plan". Makes changes concerning a direct support professional training program, residential placement in nonpublic special education facilities, evidence-based funding, parenting education, and charter schools, including removing references to the State Charter School Commission. Repeals provisions concerning visiting charitable institutions, 2 years as a priority school, a Lincoln's ChalleNGe Academy study, and the Committee of Cooperative Services. Amends the Educational Opportunity for Military Children Act. Provides for additional members on the State Council. Amends the School Safety Drill Act. Makes changes concerning definitions, reporting, and a threat assessment procedure. Makes other changes. Effective immediately.


LRB103 30431 RJT 56861 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB3071LRB103 30431 RJT 56861 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. The Data Governance and Organization to Support
5Equity and Racial Justice Act is amended by changing Section
620-15 as follows:
 
7    (20 ILCS 65/20-15)
8    Sec. 20-15. Data Governance and Organization to Support
9Equity and Racial Justice.
10    (a) On or before July 1, 2022 and each July 1 thereafter,
11the Board and the Department shall report statistical data on
12the racial, ethnic, age, sex, disability status, sexual
13orientation, gender identity, and primary or preferred
14language demographics of program participants for each major
15program administered by the Board or the Department, except as
16provided in subsection (a-5). Except as provided in subsection
17(b), when reporting the data required under this Section, the
18Board or the Department shall use the same racial and ethnic
19classifications for each program, which shall include, but not
20be limited to, the following:
21        (1) American Indian and Alaska Native alone.
22        (2) Asian alone.
23        (3) Black or African American alone.

 

 

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1        (4) Hispanic or Latino of any race.
2        (5) Native Hawaiian and Other Pacific Islander alone.
3        (6) White alone.
4        (7) Some other race alone.
5        (8) Two or more races.
6    The Board and the Department may further define, by rule,
7the racial and ethnic classifications, including, if
8necessary, a classification of "No Race Specified".
9    (a-5) In relation to major program participants, the Board
10is not required to collect personally identifiable information
11and report statistical data on the categories of sex, sexual
12orientation, and gender identity unless required for federal
13reporting. The Board shall make available reports on its
14Internet website, posted where other mandated reports are
15posted, of statistical data on sex, sexual orientation, and
16gender identity demographics through anonymous surveys or
17other methods as age and developmentally appropriate.
18    (b) (c) If a program administered by the Board or the
19Department is subject to federal reporting requirements that
20include the collection and public reporting of statistical
21data on the racial and ethnic demographics of program
22participants, the Department may maintain the same racial and
23ethnic classifications used under the federal requirements if
24such classifications differ from the classifications listed in
25subsection (a).
26    (c) (d) The Department of Innovation and Technology shall

 

 

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1assist the Board and the Department by establishing common
2technological processes and procedures for the Board and the
3Department to:
4        (1) Catalog data.
5        (2) Identify similar fields in datasets.
6        (3) Manage data requests.
7        (4) Share data.
8        (5) Collect data.
9        (6) Improve and clean data.
10        (7) Match data across the Board and Departments.
11        (8) Develop research and analytic agendas.
12        (9) Report on program participation disaggregated by
13    race and ethnicity.
14        (10) Evaluate equitable outcomes for underserved
15    populations in Illinois.
16        (11) Define common roles for data management.
17        (12) Ensure that all major programs can report
18    disaggregated data by race, ethnicity, age, sex,
19    disability status, sexual orientation, and gender
20    identity, and primary or preferred language.
21    The Board and the Department shall use the common
22technological processes and procedures established by the
23Department of Innovation and Technology.
24    (d) (e) If the Board or the Department is unable to begin
25reporting the data required by subsection (a) by July 1, 2022,
26the Board or the Department shall state the reasons for the

 

 

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1delay under the reporting requirements.
2    (e) (f) By no later than March 31, 2022, the Board and the
3Department shall provide a progress report to the General
4Assembly to disclose: (i) the programs and datasets that have
5been cataloged for which race, ethnicity, age, sex, disability
6status, sexual orientation, gender identity, and primary or
7preferred language have been standardized; and (ii) to the
8extent possible, the datasets and programs that are
9outstanding for each agency and the datasets that are planned
10for the upcoming year. On or before March 31, 2023, and each
11year thereafter, the Board and the Department Departments
12shall provide an updated report to the General Assembly.
13    (f) (g) By no later than October 31, 2021, the Governor's
14Office shall provide a plan to establish processes for input
15from the Board and the Department into processes outlined in
16subsection (c) (b). The plan shall incorporate ongoing efforts
17at data interoperability within the Department and the
18governance established to support the P-20 Longitudinal
19Education Data System enacted by Public Act 96-107.
20    (g) (h) Nothing in this Section shall be construed to
21limit the rights granted to individuals or data sharing
22protections established under existing State and federal data
23privacy and security laws.
24(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
25revised 2-4-23.)
 

 

 

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1    Section 10. The School Code is amended by changing
2Sections 2-3.25a, 2-3.25b, 2-3.25c, 2-3.25d-5, 2-3.25f,
32-3.25f-5, 2-3.130, 2-3.195, 10-22.21b, 14-7.02, 18-8.15,
422-30, 27-23.1, 27A-3, 27A-4, 27A-5, 27A-6, 27A-7, 27A-7.5,
527A-7.10, 27A-9, 27A-10, 27A-10.5, 27A-10.10, 27A-11,
627A-11.5, 27A-12, 27A-13, 34-18.20, and 34-18.61 as follows:
 
7    (105 ILCS 5/2-3.25a)  (from Ch. 122, par. 2-3.25a)
8    Sec. 2-3.25a. "School district" defined; additional
9standards.
10    (a) For the purposes of State accountability in this
11Section and Sections 3.25b, 3.25c, 3.25e, and 3.25f of this
12Code, "school district" includes other public entities
13responsible for administering public schools, such as
14cooperatives, joint agreements, charter schools, special
15charter districts, regional offices of education, local
16agencies, and the Department of Human Services.
17    (b) In addition to the standards established pursuant to
18Section 2-3.25, the State Board of Education shall develop
19recognition standards for student performance, such as
20proficiency levels on State assessments, and school
21improvement, such as annual summative designations, for all
22school districts and their individual schools. The State Board
23of Education is prohibited from having separate performance
24standards for students based on race or ethnicity.
25    The accountability system that produces the school

 

 

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1improvement designations measure shall be outlined in the
2State Plan that the State Board of Education submits to the
3federal Department of Education pursuant to the federal Every
4Student Succeeds Act. If the federal Every Student Succeeds
5Act ceases to require a State Plan, the State Board of
6Education shall develop a written plan in consultation with
7the Balanced Accountability Committee created under subsection
8(b-5) of this Section.
9    (b-5) The Balanced Accountability Measure Committee is
10created and shall consist of the following individuals: a
11representative of a statewide association representing
12regional superintendents of schools, a representative of a
13statewide association representing principals, a
14representative of an association representing principals in a
15city having a population exceeding 500,000, a representative
16of a statewide association representing school administrators,
17a representative of a statewide professional teachers'
18organization, a representative of a different statewide
19professional teachers' organization, an additional
20representative from either statewide professional teachers'
21organization, a representative of a professional teachers'
22organization in a city having a population exceeding 500,000,
23a representative of a statewide association representing
24school boards, and a representative of a school district
25organized under Article 34 of this Code. The head of each
26association or entity listed in this paragraph shall appoint

 

 

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1its respective representative. The State Superintendent of
2Education, in consultation with the Committee, may appoint no
3more than 2 additional individuals to the Committee, which
4individuals shall serve in an advisory role and must not have
5voting or other decision-making rights.
6    The Balanced Accountability Measure Committee shall meet
7no less than 4 times per year to discuss the accountability
8system standards set forth in the State Plan pursuant to the
9federal Every Student Succeeds Act and to provide stakeholder
10feedback and recommendations to the State Board of Education
11with regard to the State Plan, which the State Board shall take
12into consideration. On or before Upon completion of the
132019-2020 school year and no less than once every 3 years
14thereafter, the Balanced Accountability Measure Committee
15shall assess the implementation of the State Plan and, if
16necessary, make recommendations to the State Board for any
17changes. The Committee shall consider accountability
18recommendations made by the Illinois P-20 Council established
19under Section 22-45 of this Code, the Illinois Early Learning
20Council created under the Illinois Early Learning Council Act,
21and any other stakeholder group established by the State Board
22in relation to the federal Every Student Succeeds Act. The
23State Board shall provide to the Committee an annual report
24with data and other information collected from entities
25identified by the State Board as learning partners, including,
26but not limited to, data and information on the learning

 

 

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1partners' effectiveness, geographic distribution, and cost to
2serve as part of a comprehensive statewide system of support.
3    The State Board of Education, in collaboration with the
4Balanced Accountability Measure Committee set forth in this
5subsection (b-5), shall adopt rules that further
6implementation in accordance with the requirements of this
7Section.
8(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15;
999-642, eff. 7-28-16; 99-657, eff. 7-28-16; 100-1046, eff.
108-23-18.)
 
11    (105 ILCS 5/2-3.25b)  (from Ch. 122, par. 2-3.25b)
12    Sec. 2-3.25b. Recognition levels and annual summative
13designations. The State Board of Education shall, consistent
14with adopted recognition standards, provide for levels of
15recognition or nonrecognition. The State Board of Education
16shall promulgate rules governing the procedures whereby school
17districts may appeal a recognition level.
18    The State Board of Education shall have the authority to
19collect from schools and school districts the information,
20data, test results, student performance and school improvement
21indicators as may be necessary to implement and carry out the
22purposes of this Act and to implement and carry out the
23issuance of school improvement designations via the
24accountability system identified in Section 2-3.25a of this
25Code. Schools and school districts that fail to submit

 

 

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1accurate data within the State Board of Education's timeframes
2may have federal funds withheld.
3(Source: P.A. 96-734, eff. 8-25-09.)
 
4    (105 ILCS 5/2-3.25c)  (from Ch. 122, par. 2-3.25c)
5    Sec. 2-3.25c. Rewards. The State Board of Education shall
6implement a system of rewards for school districts, and the
7schools themselves, through a process that recognizes schools
8in improvement status that are (i) high-poverty,
9high-performing schools that are closing achievement gaps or
10are and excelling in academic achievement; (ii) schools that
11have sustained high performance serving identified student
12groups; (iii) schools that have substantial growth performance
13over the 3 years immediately preceding the year in which
14recognition is awarded; and (iv) schools that have
15demonstrated the most progress in improving student outcomes
16of student groups identified for Targeted, Comprehensive, or
17Intensive School Improvement , in comparison to schools
18statewide, in closing the achievement gap among various
19subgroups of students in the 3 years immediately preceding the
20year in which recognition is awarded.
21(Source: P.A. 99-193, eff. 7-30-15.)
 
22    (105 ILCS 5/2-3.25d-5)
23    Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive
24schools Priority and focus districts.

 

 

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1    (a) Beginning in 2018 2015, a school school districts
2designated as "Comprehensive" priority districts shall be
3those that have one or more priority schools. "Priority
4school" is defined as:
5        (1) a school that is among the lowest performing 5% of
6    schools in this State based on the multi-measures
7    accountability system defined in the State Plan a 3-year
8    average, with respect to the performance of the "all
9    students" group for the percentage of students deemed
10    proficient in English/language arts and mathematics
11    combined, and demonstrates a lack of progress as defined
12    by the State Board of Education;
13        (2) any high school with a graduation rate of less
14    than 67% a beginning secondary school that has an average
15    graduation rate of less than 60% over the last 3 school
16    years; or
17        (2.5) any school that has completed a full 4-year
18    cycle of Targeted School Improvement but remains
19    identified for Targeted Support for one or more of the
20    same student groups originally identified for Targeted
21    Support; or
22        (3) (blank). a school receiving a school improvement
23    grant under Section 1003(g) of the federal Elementary and
24    Secondary Education Act of 1965.
25    The State Board of Education shall work with districts
26with one or more schools in Comprehensive School Improvement

 

 

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1Status a priority district to perform a district needs
2assessment to determine the district's core functions that are
3areas of strength and weakness, unless the district is already
4undergoing a national accreditation process. The results from
5the district needs assessment shall be used by the district
6and school to identify goals and objectives for the district's
7improvement. The district needs assessment shall include at a
8minimum, a review of the following areas: student performance
9on State assessments; student performance on local
10assessments; finances, including resource allocation reviews;
11a study of district functions, such as district finance,
12governance, including effectiveness of school leadership;
13student engagement opportunities and access to those
14opportunities; instructional , instruction practices; ,
15standards-aligned curriculum; school climate, and culture
16survey results; family and community engagement; reflective
17stakeholder engagement; involvement, and continuous school
18improvement practices; educator and employee quality,
19including staff continuity and turnover rates; and alignment
20of professional development to continuous improvement efforts.
21    (b) Beginning in 2018, a school 2015, districts designated
22as "Targeted" focus districts shall be those that have one or
23more focus schools. "Focus school" means a school that is
24contributing to the achievement gaps in this State and is
25defined as a school in which one or more student groups is
26performing at or below the level of the "all students" group of

 

 

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1schools designated Comprehensive, as defined in paragraph (1)
2of subsection (a) of this Section. :
3        (1) a school that has one or more subgroups in which
4    the average student performance is at or below the State
5    average for the lowest 10% of student performance in that
6    subgroup; or
7        (2) a school with an average graduation rate of less
8    than 60% and not identified for priority.
9    (c) Beginning in 2023, a school designated as "Intensive"
10shall be defined as a school that has completed a full 4-year
11cycle of Comprehensive School Improvement but does not meet
12the criteria to exit that status, as defined in the State Plan
13referenced in subsection (b) of Section 2-3.25a of this Code,
14at the end of the cycle.
15    (d) All schools in school improvement status, including
16Comprehensive, Targeted, and Intensive schools, must complete
17a school-level needs assessment and develop and implement a
18continuous improvement plan.
19(Source: P.A. 99-193, eff. 7-30-15.)
 
20    (105 ILCS 5/2-3.25f)  (from Ch. 122, par. 2-3.25f)
21    Sec. 2-3.25f. State interventions.
22    (a) The State Board of Education shall provide technical
23assistance to schools in school improvement status to assist
24with the development and implementation of School and District
25Improvement Plans.

 

 

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1    Schools or school districts that fail to make reasonable
2efforts to implement an approved Improvement Plan may suffer
3loss of State funds by school district, attendance center, or
4program as the State Board of Education deems appropriate.
5    (a-5) (Blank).
6    (b) Schools that receive Targeted Support or Comprehensive
7Support designations shall enter a 4-year cycle of school
8improvement status. If, at the end of the 4-year cycle, the
9school fails to meet the exit criteria specified in the State
10Plan referenced in subsection (b) of Section 2-3.25a of this
11Code, the school shall escalate to a more intensive
12intervention. Targeted Support schools that remain Targeted
13for one or more of the same student groups as in the initial
14identification after completion of a 4-year cycle of Targeted
15School Improvement shall be redesignated as Comprehensive
16Support schools, as provided in paragraph (2.5) of subsection
17(a) of Section 2-3.25d-5 of this Code. Comprehensive Support
18schools that remain in the lowest-performing 5% after
19completion of a 4-year cycle of Comprehensive School
20Improvement shall be redesignated as Intensive Support schools
21and shall escalate through more rigorous, tiered support,
22developed in consultation with the Balanced Accountability
23Measure Committee and other relevant stakeholder groups, which
24may ultimately result in the Beginning in 2017, if, after 3
25years following its identification as a priority district
26under Section 2-3.25d-5 of this Code, a district does not make

 

 

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1progress as measured by a reduction in achievement gaps
2commensurate with the targets in this State's approved
3accountability plan with the U.S. Department of Education,
4then the State Board of Education may (i) change of the
5recognition status of the school district or school to
6nonrecognized or (ii) authorization for authorize the State
7Superintendent of Education to direct the reassignment of
8pupils or direct the reassignment or replacement of school or
9school district personnel. If a school district is
10nonrecognized in its entirety, for any reason, including those
11not related to performance in the accountability system, it
12shall automatically be dissolved on July 1 following that
13nonrecognition and its territory realigned with another school
14district or districts by the regional board of school trustees
15in accordance with the procedures set forth in Section 7-11 of
16the School Code. The effective date of the nonrecognition of a
17school shall be July 1 following the nonrecognition.
18    (b-5) The State Board of Education shall also develop a
19system to provide assistance and resources to lower performing
20school districts. At a minimum, the State Board shall identify
21school districts to receive Intensive, Comprehensive, and
22Targeted Support priority services, to be known as priority
23districts under Section 2-3.25d-5 of this Code. The school
24district shall provide the exclusive bargaining representative
25with a 5-day notice that the district has had one or more
26schools within the district identified as being in

 

 

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1Comprehensive or Intensive School Improvement Status been
2identified as a priority district. In addition, the State
3Board may, by rule, develop other categories of low-performing
4schools and school districts to receive services.
5    The State Board of Education shall work with districts
6with one or more schools in Comprehensive or Intensive School
7Improvement Status, through technical assistance and
8professional development, based Based on the results of the
9district needs assessment under Section 2-3.25d-5 of this
10Code, the State Board of Education shall work with the
11district to provide technical assistance and professional
12development, in partnership with the district, to develop and
13implement a continuous improvement plan that would increase
14outcomes for students. The plan for continuous improvement
15shall be based on the results of the district needs assessment
16and shall be used to determine the types of services that are
17to be provided to each Comprehensive and Intensive School
18priority district. Potential services for a district may
19include, but are not limited to, monitoring adult and student
20practices, reviewing and reallocating district resources,
21developing a district and school leadership team, providing
22access to curricular content area specialists, and providing
23online resources and professional development.
24    The State Board of Education may require priority
25districts with one or more Comprehensive or Intensive Schools
26identified as having deficiencies in one or more core

 

 

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1functions of the district needs assessment to undergo an
2accreditation process as provided in subsection (d) of Section
32-3.25f-5 of this Code.
4    (c) All federal requirements apply to schools and school
5districts utilizing federal funds under Title I, Part A of the
6federal Elementary and Secondary Education Act of 1965.
7(Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15;
899-203, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
9    (105 ILCS 5/2-3.25f-5)
10    Sec. 2-3.25f-5. Independent Authority.
11    (a) The General Assembly finds all of the following:
12        (1) A fundamental goal of the people of this State, as
13    expressed in Section 1 of Article X of the Illinois
14    Constitution, is the educational development of all
15    persons to the limits of their capacities. When a school
16    board faces governance difficulties, continued operation
17    of the public school system is threatened.
18        (2) Sound school board governance, academic
19    achievement, and sound financial structure are essential
20    to the continued operation of any school system. It is
21    vital to commercial, educational, and cultural interests
22    that public schools remain in operation. To achieve that
23    goal, public school systems must have effective
24    leadership.
25        (3) To promote the sound operation of districts, as

 

 

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1    defined in this Section, it may be necessary to provide
2    for the creation of independent authorities with the
3    powers necessary to promote sound governance, sound
4    academic planning, and sound financial management and to
5    ensure the continued operation of the public schools.
6        (4) It is the purpose of this Section to provide for a
7    sound basis for the continued operation of public schools.
8    The intention of the General Assembly, in creating this
9    Section, is to establish procedures, provide powers, and
10    impose restrictions to ensure the educational integrity of
11    public school districts.
12    (b) As used in this Section:
13    "Board" means a school board of a district.
14    "Chairperson" means the Chairperson of the Independent
15Authority.
16    "District" means any school district having a population
17of not more than 500,000.
18    "State Board" means the State Board of Education.
19    "State Superintendent" means the State Superintendent of
20Education.
21    (c) The State Board has the power to direct the State
22Superintendent to remove a board. Boards may be removed when
23the criteria provided for in subsection (d) of this Section
24are met. At no one time may the State Board remove more than 4
25school boards and establish Independent Authorities pursuant
26to subsection (e) of this Section.

 

 

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1    If the State Board proposes to direct the State
2Superintendent to remove a board from a district, board
3members shall receive individual written notice of the
4intended removal. Written notice must be provided at least 30
5calendar days before a hearing is held by the State Board. This
6notice shall identify the basis for proposed removal.
7    Board members are entitled to a hearing, during which time
8each board member shall have the opportunity to respond
9individually, both orally and through written comments, to the
10basis laid out in the notice. Written comments must be
11submitted to the State Board on or before the hearing.
12    Board members are entitled to be represented by counsel at
13the hearing, but counsel must not be paid with district funds,
14unless the State Board decides that the board will not be
15removed and then the board members may be reimbursed for all
16reasonable attorney's fees by the district.
17    The State Board shall make a final decision on removal
18immediately following the hearing or at its next regularly
19scheduled or special meeting. In no event may the decision be
20made later than the next regularly scheduled meeting.
21    The State Board shall issue a final written decision. If
22the State Board directs the State Superintendent to remove the
23board, the State Superintendent shall do so within 30 days
24after the written decision. Following the removal of the
25board, the State Superintendent shall establish an Independent
26Authority pursuant to subsection (e) of this Section.

 

 

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1    If there is a financial oversight panel operating in the
2district pursuant to Article 1B or 1H of this Code, the State
3Board may, at its discretion, abolish the panel.
4    (d) The State Board may require priority districts with
5one or more schools in Intensive Support status that have been
6identified as having deficiencies in one or more core
7functions of the needs assessment, as described defined in
8subsection (b-5) of Section 2-3.25f of this Code, to seek
9accreditation through an independent accreditation
10organization chosen by the State Board and paid for by the
11State. The State Board may direct the State Superintendent to
12remove board members pursuant to subsection (c) of this
13Section in any district in which the district is unable to
14obtain accreditation in whole or in part due to reasons
15specifically related to school board governance. When
16determining if a district has failed to meet the standards for
17accreditation specifically related to school board governance,
18the accreditation entity shall take into account the overall
19academic, fiscal, and operational condition of the district
20and consider whether the board has failed to protect district
21assets, to direct sound administrative and academic policy, to
22abide by basic governance principles, including those set
23forth in district policies, and to conduct itself with
24professionalism and care and in a legally, ethically, and
25financially responsible manner. When considering if a board
26has failed in these areas, the accreditation entity shall

 

 

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1consider some or all of the following factors:
2        (1) Failure to protect district assets by, without
3    limitation, incidents of fiscal fraud or misappropriation
4    of district funds; acts of neglecting the district's
5    building conditions; a failure to meet regularly
6    scheduled, payroll-period obligations when due; a failure
7    to abide by competitive bidding laws; a failure to prevent
8    an audit finding of material internal control weaknesses;
9    a failure to comply with required accounting principles; a
10    failure to develop and implement a comprehensive,
11    risk-management plan; a failure to provide financial
12    information or cooperate with the State Superintendent; or
13    a failure to file an annual financial report, an annual
14    budget, a deficit reduction plan, or other financial
15    information as required by law.
16        (2) Failure to direct sound administrative and
17    academic policy by, without limitation, hiring staff who
18    do not meet minimal certification requirements for the
19    positions being filled or who do not meet the customary
20    qualifications held by those occupying similar positions
21    in other school districts; a failure to avoid conflicts of
22    interest as it relates to hiring or other contractual
23    obligations; a failure to provide minimum graduation
24    requirements and curricular requirements of the School
25    Code and regulations; a failure to provide a minimum
26    school term as required by law; or a failure to adopt and

 

 

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1    implement policies and practices that promote conditions
2    that support student learning, effective instruction, and
3    assessment that produce equitable and challenging learning
4    experiences for all students.
5        (3) Failure to abide by basic governance principles
6    by, without limitation, a failure to comply with the
7    mandated oath of office; a failure to adopt and abide by
8    sound local governance policies; a failure to abide by the
9    principle that official action by the board occurs only
10    through a duly-called and legally conducted meeting of the
11    board; a failure to abide by majority decisions of the
12    board; a failure to protect the privacy of students; a
13    failure to ensure that board decisions and actions are in
14    accordance with defined roles and responsibilities; or a
15    failure of the board to protect, support, and respect the
16    autonomy of a system to accomplish goals for improvement
17    in student learning and instruction and to manage
18    day-to-day operations of the school system and its
19    schools, including maintaining the distinction between the
20    board's roles and responsibilities and those of
21    administrative leadership.
22        (4) Failure to conduct itself in a legally, ethically,
23    and financially responsible manner by, without limitation,
24    a failure to act in accordance with the Constitution of
25    the United States of America and the Constitution of the
26    State of Illinois and within the scope of State and

 

 

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1    federal laws; laws, including a failure to comply with
2    provisions of the School Code, the Open Meetings Act, and
3    the Freedom of Information Act and federal and State laws
4    that protect the rights of protected categories of
5    students; a failure to comply with all district policies
6    and procedures and all State rules; or a failure to comply
7    with the governmental entities provisions of the State
8    Officials and Employees Ethics Act, including the gift ban
9    and prohibited political activities provisions.
10    (e) Upon removal of the board, the State Superintendent
11shall establish an Independent Authority. Upon establishment
12of an Independent Authority, there is established a body both
13corporate and politic to be known as the "(Name of the School
14District) Independent Authority", which in this name shall
15exercise all of the authority vested in an Independent
16Authority by this Section and by the name may sue and be sued
17in all courts and places where judicial proceedings are had.
18    (f) Upon establishment of an Independent Authority under
19subsection (e) of this Section, the State Superintendent
20shall, within 30 working days thereafter and in consultation
21with State and locally elected officials, appoint 5 or 7
22members to serve on an Independent Authority for the district.
23Members appointed to the Independent Authority shall serve at
24the pleasure of the State Superintendent. The State
25Superintendent shall designate one of the members of the
26Independent Authority to serve as its chairperson. In the

 

 

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1event of vacancy or resignation, the State Superintendent
2shall, within 15 working days after receiving notice, appoint
3a successor to serve out that member's term. If the State Board
4has abolished a financial oversight panel pursuant to
5subsection (c) of this Section, the State Superintendent may
6appoint former members of the panel to the Independent
7Authority. These members may serve as part of the 5 or 7
8members or may be appointed in addition to the 5 or 7 members,
9with the Independent Authority not to exceed 9 members in
10total.
11    Members of the Independent Authority must be selected
12primarily on the basis of their experience and knowledge in
13education policy and governance, with consideration given to
14persons knowledgeable in the operation of a school district. A
15member of the Independent Authority must be a registered voter
16as provided in the general election law, must not be a school
17trustee, and must not be a child sex offender as defined in
18Section 11-9.3 of the Criminal Code of 2012. A majority of the
19members of the Independent Authority must be residents of the
20district that the Independent Authority serves. A member of
21the Independent Authority may not be an employee of the
22district, nor may a member have a direct financial interest in
23the district.
24    Independent Authority members may be reimbursed by the
25district for travel if they live more than 25 miles away from
26the district's headquarters and other necessary expenses

 

 

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1incurred in the performance of their official duties. The
2amount reimbursed members for their expenses must be charged
3to the school district.
4    With the exception of the Chairperson, the Independent
5Authority may elect such officers as it deems appropriate.
6    The first meeting of the Independent Authority must be
7held at the call of the Chairperson. The Independent Authority
8shall prescribe the times and places for its meetings and the
9manner in which regular and special meetings may be called and
10shall comply with the Open Meetings Act.
11    All Independent Authority members must complete the
12training required of school board members under Section 10-16a
13of this Code.
14    (g) The purpose of the Independent Authority is to operate
15the district. The Independent Authority shall have all of the
16powers and duties of a board and all other powers necessary to
17meet its responsibilities and to carry out its purpose and the
18purposes of this Section and that may be requisite or proper
19for the maintenance, operation, and development of any school
20or schools under the jurisdiction of the Independent
21Authority. This grant of powers does not release an
22Independent Authority from any duty imposed upon it by this
23Code or any other law.
24    The Independent Authority shall have no power to
25unilaterally cancel or modify any collective bargaining
26agreement in force upon the date of creation of the

 

 

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1Independent Authority.
2    (h) The Independent Authority may prepare and file with
3the State Superintendent a proposal for emergency financial
4assistance for the school district and for the operations
5budget of the Independent Authority, in accordance with
6Section 1B-8 of this Code. A district may receive both a loan
7and a grant.
8    (i) An election for board members must not be held in a
9district upon the establishment of an Independent Authority
10and is suspended until the next regularly scheduled school
11board election that takes place no less than 2 years following
12the establishment of the Independent Authority. For this first
13election, 3 school board members must be elected to serve out
14terms of 4 years and until successors are elected and have
15qualified. Members of the Independent Authority are eligible
16to run for election in the district, provided that they meet
17all other eligibility requirements of Section 10-10 of this
18Code. Following this election, the school board shall consist
19of the newly elected members and any remaining members of the
20Independent Authority. The majority of this board must be
21residents of the district. The State Superintendent must
22appoint new members who are residents to the Independent
23Authority if necessary to maintain this majority. At the next
24school board election, 4 school board members must be elected
25to serve out terms of 4 years and until successors are elected
26and have qualified. For purposes of these first 2 elections,

 

 

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1the school board members must be elected at-large. In
2districts where board members were previously elected using an
3alternative format pursuant to Article 9 of this Code,
4following these first 2 elections, the voting shall
5automatically revert back to the original form. Following the
6election, any remaining Independent Authority members shall
7serve in the district as an oversight panel until such time as
8the district meets the governance standards necessary to
9achieve accreditation. If some or all of the Independent
10Authority members have been elected to the board, the State
11Superintendent may, in his or her discretion, appoint new
12members to the Independent Authority pursuant to subsection
13(f) of this Section. The school board shall get approval of all
14actions by the Independent Authority during the time the
15Independent Authority serves as an oversight panel.
16    Board members who were removed pursuant to subsection (c)
17of this Section are ineligible to run for school board in the
18district for 10 years following the abolition of the
19Independent Authority pursuant to subsection (l) of this
20Section. However, board members who were removed pursuant to
21subsection (c) of this Section and were appointed to the
22Independent Authority by the State Superintendent are eligible
23to run for school board in the district.
24    (j) The Independent Authority, upon its members taking
25office and annually thereafter and upon request, shall prepare
26and submit to the State Superintendent a report on the state of

 

 

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1the district, including without limitation the academic
2improvement and financial situation of the district. This
3report must be submitted annually on or before March 1 of each
4year. The State Superintendent shall provide copies of any and
5all reports to the regional office of education for the
6district and to the State Senator and Representative
7representing the area where the district is located.
8    (k) The district shall render such services to and permit
9the use of its facilities and resources by the Independent
10Authority at no charge as may be requested by the Independent
11Authority. Any State agency, unit of local government, or
12school district may, within its lawful powers and duties,
13render such services to the Independent Authority as may be
14requested by the Independent Authority.
15    (l) An Independent Authority must be abolished when the
16district, following the election of the full board, meets the
17governance standards necessary to achieve accreditation status
18by an independent accreditation agency chosen by the State
19Board. The abolition of the Independent Authority shall be
20done by the State Board and take place within 30 days after the
21determination of the accreditation agency.
22    Upon abolition of the Independent Authority, all powers
23and duties allowed by this Code to be exercised by a school
24board shall be transferred to the elected school board.
25    (m) The Independent Authority must be indemnified through
26insurance purchased by the district. The district shall

 

 

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1purchase insurance through which the Independent Authority is
2to be indemnified.
3    The district retains the duty to represent and to
4indemnify Independent Authority members following the
5abolition of the Independent Authority for any cause of action
6or remedy available against the Independent Authority, its
7members, its employees, or its agents for any right or claim
8existing or any liability incurred prior to the abolition.
9    The insurance shall indemnify and protect districts,
10Independent Authority members, employees, volunteer personnel
11authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
12this Code, mentors of certified or licensed staff as
13authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and
1434-18.33 of this Code, and student teachers against civil
15rights damage claims and suits, constitutional rights damage
16claims and suits, and death and bodily injury and property
17damage claims and suits, including defense thereof, when
18damages are sought for negligent or wrongful acts alleged to
19have been committed in the scope of employment, under the
20direction of the Independent Authority, or related to any
21mentoring services provided to certified or licensed staff of
22the district. Such indemnification and protection shall extend
23to persons who were members of an Independent Authority,
24employees of an Independent Authority, authorized volunteer
25personnel, mentors of certified or licensed staff, or student
26teachers at the time of the incident from which a claim arises.

 

 

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1No agent may be afforded indemnification or protection unless
2he or she was a member of an Independent Authority, an employee
3of an Independent Authority, an authorized volunteer, a mentor
4of certified or licensed staff, or a student teacher at the
5time of the incident from which the claim arises.
6    (n) The State Board may adopt rules as may be necessary for
7the administration of this Section.
8(Source: P.A. 98-1155, eff. 1-9-15.)
 
9    (105 ILCS 5/2-3.130)
10    Sec. 2-3.130. Isolated time out, time out, and physical
11restraint rules; grant program; third-party assistance; goals
12and plans.
13    (a) For purposes of this Section, "isolated time out",
14"physical restraint", and "time out" have the meanings given
15to those terms under Section 10-20.33.
16    (b) The State Board of Education shall promulgate rules
17governing the use of isolated time out, time out, and physical
18restraint in special education nonpublic facilities and the
19public schools. The rules shall include provisions governing
20the documentation and reporting that is required each time
21these interventions are used.
22    The rules adopted by the State Board shall include a
23procedure by which a person who believes a violation of
24Section 10-20.33 or 34-18.20 has occurred may file a
25complaint. The rules adopted by the State Board shall include

 

 

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1training requirements that must be included in training
2programs used to train and certify school personnel.
3    The State Board shall establish procedures for progressive
4enforcement actions to ensure that schools fully comply with
5the documentation and reporting requirements for isolated time
6out, time out, and physical restraint established by rule,
7which shall include meaningful and appropriate sanctions for
8the failure to comply, including the failure to report to the
9parent or guardian and to the State Board, the failure to
10timely report, and the failure to provide detailed
11documentation.
12    (c) Subject to appropriation, the State Board shall, by
13adoption of emergency rules under subsection (rr) of Section
145-45 of the Illinois Administrative Procedure Act if it so
15chooses, create a grant program for school districts, special
16education nonpublic facilities approved under Section 14-7.02
17of this Code, and special education cooperatives to implement
18school-wide, culturally sensitive, and trauma-informed
19practices, positive behavioral interventions and supports, and
20restorative practices within a multi-tiered system of support
21aimed at reducing the need for interventions, such as isolated
22time out, time out, and physical restraint. The State Board
23shall give priority in grant funding to those school
24districts, special education nonpublic facilities approved
25under Section 14-7.02 of this Code, and special education
26cooperatives that submit a plan to achieve a significant

 

 

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1reduction or elimination in the use of isolated time out and
2physical restraint in less than 3 years.
3    (d) Subject to the Illinois Procurement Code, the Illinois
4School Student Records Act, the Mental Health and
5Developmental Disabilities Confidentiality Act, and the
6federal Family Educational Rights and Privacy Act of 1974, the
7State Board may contract with a third party to provide
8assistance with the oversight and monitoring of the use of
9isolated time out, time out, and physical restraint by school
10districts.
11    (e) For the purpose of this subsection and subsection (f),
12"entity" means a school district, a special education
13nonpublic school approved under Section 14-7.02 of this Code
14and located in this State, or a special education cooperative
15to the extent the cooperative operates separate schools or
16programs within schools.
17    The State Board shall establish goals within 90 days after
18the effective date of this amendatory Act of the 102nd General
19Assembly, with specific benchmarks, for entities schools to
20accomplish the systemic reduction of isolated time out, time
21out, and physical restraint within 3 years after the effective
22date of this amendatory Act of the 102nd General Assembly. The
23State Board shall engage in meaningful consultation with
24stakeholders to establish the goals, including in the review
25and evaluation of the data submitted. The State Board shall
26also consult stakeholders in efforts to develop strategies to

 

 

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1measure and reduce racial and ethnic disparities in the use of
2isolated time out, time out, and physical restraint. Each
3entity school board shall create a time out and physical
4restraint oversight team that includes, but is not limited to,
5teachers, paraprofessionals, school service personnel, and
6administrators to develop (i) an entity-specific a
7school-specific plan for reducing and eventually eliminating
8the use of isolated time out, time out, and physical restraint
9in accordance with the goals and benchmarks established by the
10State Board and (ii) procedures to implement the plan
11developed by the team.
12    The progress toward the reduction and eventual elimination
13of the use of isolated time out and physical restraint shall be
14measured by the reduction in the overall number of incidents
15of those interventions and the total number of students
16subjected to those interventions. In limited cases, upon
17written application made by an entity a school district and
18approved by the State Board based on criteria developed by the
19State Board to show good cause, the reduction in the use of
20those interventions may be measured by the frequency of the
21use of those interventions on individual students and the
22student population as a whole. The State Board shall specify a
23date for submission of the plans. Entities School districts
24shall submit a report once each year for 3 years after the
25effective date of this amendatory Act of the 102nd General
26Assembly to the State Board on the progress made toward

 

 

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1achieving the goals and benchmarks established by the State
2Board and modify their plans as necessary to satisfy those
3goals and benchmarks. Entities School districts shall notify
4parents and guardians that the plans and reports are available
5for review. On or before June 30, 2023, the State Board shall
6issue a report to the General Assembly on the progress made by
7entities schools to achieve those goals and benchmarks. The
8required plans shall include, but not be limited to, the
9specific actions that are to be taken to:
10        (1) reduce and eventually eliminate a reliance on
11    isolated time out, time out, and physical restraint for
12    behavioral interventions and develop noncoercive
13    environments;
14        (2) develop individualized student plans that are
15    oriented toward prevention of the use of isolated time
16    out, time out, and physical restraint with the intent that
17    a plan be separate and apart from a student's
18    individualized education program or a student's plan for
19    services under Section 504 of the federal Rehabilitation
20    Act of 1973;
21        (3) ensure that appropriate school personnel are fully
22    informed of the student's history, including any history
23    of physical or sexual abuse, and other relevant medical
24    and mental health information, except that any disclosure
25    of student information must be consistent with federal and
26    State laws and rules governing student confidentiality and

 

 

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1    privacy rights; and
2        (4) support a vision for cultural change that
3    reinforces the following:
4            (A) positive behavioral interventions and support
5        rather than isolated time out, time out, and physical
6        restraint;
7            (B) effective ways to de-escalate situations to
8        avoid isolated time out, time out, and physical
9        restraint;
10            (C) crisis intervention techniques that use
11        alternatives to isolated time out, time out, and
12        physical restraint; and
13            (D) use of debriefing meetings to reassess what
14        occurred and why it occurred and to think through ways
15        to prevent use of the intervention the next time.
16    (f) An entity, as defined in subsection (e), A school is
17exempt from the requirement to submit a plan and the annual
18reports under subsection (e) if the entity school is able to
19demonstrate to the satisfaction of the State Board that (i)
20within the previous 3 years, the entity school district has
21never engaged in the use of isolated time out, time out, or
22physical restraint and (ii) the entity school has adopted a
23written policy that prohibits the use isolated time out, time
24out, and physical restraint on a student and is able to
25demonstrate the enforcement of that policy.
26    (g) The State Board shall establish a system of ongoing

 

 

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1review, auditing, and monitoring to ensure that entities
2schools comply with the documentation and reporting
3requirements and meet the State Board's established goals and
4benchmarks for reducing and eventually eliminating the use of
5isolated time out, time out, and physical restraint.
6(Source: P.A. 102-339, eff. 8-13-21.)
 
7    (105 ILCS 5/2-3.195)
8    Sec. 2-3.195. Direct support professional training
9program. Beginning with the 2025-2026 school year and
10continuing for not less than 2 years, the State Board of
11Education shall make available a model program of study that
12incorporates the training and experience necessary to serve as
13a direct support professional. By July 1, 2023, the Department
14of Human Services State Board shall submit recommendations
15developed in consultation with stakeholders, including, but
16not limited to, organizations representing community-based
17providers serving children and adults with intellectual or
18developmental disabilities, and education practitioners,
19including, but not limited to, teachers, administrators,
20special education directors, and regional superintendents of
21schools, to the State Board Department of Human Services for
22the training that would be required in order to be complete the
23model program of study.
24(Source: P.A. 102-874, eff. 1-1-23; revised 12-16-22.)
 

 

 

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1    (105 ILCS 5/10-22.21b)  (from Ch. 122, par. 10-22.21b)
2    Sec. 10-22.21b. Administering medication.
3    (a) In this Section, "asthma action plan" has the meaning
4given to that term under Section 22-30.
5    (b) To provide for the administration of medication to
6students. It shall be the policy of the State of Illinois that
7the administration of medication to students during regular
8school hours and during school-related activities should be
9discouraged unless absolutely necessary for the critical
10health and well-being of the student. Under no circumstances
11shall teachers or other non-administrative school employees,
12except certified school nurses and non-certificated registered
13professional nurses, be required to administer medication to
14students. This Section shall not prohibit a school district
15from adopting guidelines for self-administration of medication
16by students that are consistent with this Section and this
17Code. This Section shall not prohibit any school employee from
18providing emergency assistance to students.
19    (c) Notwithstanding any other provision of law, a school
20district must allow any student with an asthma action plan, an
21Individual Health Care Action Plan, an allergy emergency
22action plan Illinois Food Allergy Emergency Action Plan and
23Treatment Authorization Form, a plan pursuant to Section 504
24of the federal Rehabilitation Act of 1973, or a plan pursuant
25to the federal Individuals with Disabilities Education Act to
26self-administer any medication required under those plans if

 

 

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1the student's parent or guardian provides the school district
2with (i) written permission for the student's
3self-administration of medication and (ii) written
4authorization from the student's physician, physician
5assistant, or advanced practice registered nurse for the
6student to self-administer the medication. A parent or
7guardian must also provide to the school district the
8prescription label for the medication, which must contain the
9name of the medication, the prescribed dosage, and the time or
10times at which or the circumstances under which the medication
11is to be administered. Information received by a school
12district under this subsection shall be kept on file in the
13office of the school nurse or, in the absence of a school
14nurse, the school's administrator.
15    (d) Each school district must adopt an emergency action
16plan for a student who self-administers medication under
17subsection (c). The plan must include both of the following:
18        (1) A plan of action in the event a student is unable
19    to self-administer medication.
20        (2) The situations in which a school must call 9-1-1.
21    (e) A school district and its employees and agents shall
22incur no liability, except for willful and wanton conduct, as
23a result of any injury arising from the self-administration of
24medication by a student under subsection (c). The student's
25parent or guardian must sign a statement to this effect, which
26must acknowledge that the parent or guardian must indemnify

 

 

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1and hold harmless the school district and its employees and
2agents against any claims, except a claim based on willful and
3wanton conduct, arising out of the self-administration of
4medication by a student.
5(Source: P.A. 101-205, eff. 1-1-20.)
 
6    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
7    Sec. 14-7.02. Children attending private schools, public
8out-of-state schools, public school residential facilities or
9private special education facilities.
10    (a) The General Assembly recognizes that non-public
11schools or special education facilities provide an important
12service in the educational system in Illinois.
13    (b) If a student's individualized education program (IEP)
14team determines that because of his or her disability the
15special education program of a district is unable to meet the
16needs of the child and the child attends a non-public school or
17special education facility, a public out-of-state school or a
18special education facility owned and operated by a county
19government unit that provides special educational services
20required by the child and is in compliance with the
21appropriate rules and regulations of the State Superintendent
22of Education, the school district in which the child is a
23resident shall pay the actual cost of tuition for special
24education and related services provided during the regular
25school term and during the summer school term if the child's

 

 

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1educational needs so require, excluding room, board and
2transportation costs charged the child by that non-public
3school or special education facility, public out-of-state
4school or county special education facility, or $4,500 per
5year, whichever is less, and shall provide him any necessary
6transportation. "Nonpublic special education facility" shall
7include a residential facility, within or without the State of
8Illinois, which provides special education and related
9services to meet the needs of the child by utilizing private
10schools or public schools, whether located on the site or off
11the site of the residential facility. Resident district
12financial responsibility and reimbursement applies for both
13nonpublic special education facilities that are approved by
14the State Board of Education pursuant to 23 Ill. Adm. Code 401
15or other applicable laws or rules and for emergency
16residential placements in nonpublic special education
17facilities that are not approved by the State Board of
18Education pursuant to 23 Ill. Adm. Code 401 or other
19applicable laws or rules, subject to the requirements of this
20Section.
21    (c) Prior to the placement of a child in an out-of-state
22special education residential facility, the school district
23must refer to the child or the child's parent or guardian the
24option to place the child in a special education residential
25facility located within this State, if any, that provides
26treatment and services comparable to those provided by the

 

 

HB3071- 40 -LRB103 30431 RJT 56861 b

1out-of-state special education residential facility. The
2school district must review annually the placement of a child
3in an out-of-state special education residential facility. As
4a part of the review, the school district must refer to the
5child or the child's parent or guardian the option to place the
6child in a comparable special education residential facility
7located within this State, if any.
8    (d) Payments shall be made by the resident school district
9to the entity providing the educational services, whether the
10entity is the nonpublic special education facility or the
11school district wherein the facility is located, no less than
12once per quarter, unless otherwise agreed to in writing by the
13parties.
14    (e) A school district may residentially place a student in
15a nonpublic special education facility providing educational
16services, but not approved by the State Board of Education
17pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
18rules, provided that the State Board of Education provides an
19emergency and student-specific approval for residential
20placement. The State Board of Education shall promptly, within
2110 days after the request, approve a request for emergency and
22student-specific approval for residential placement if the
23following have been demonstrated to the State Board of
24Education:
25        (1) the facility demonstrates appropriate licensure of
26    teachers for the student population;

 

 

HB3071- 41 -LRB103 30431 RJT 56861 b

1        (2) the facility demonstrates age-appropriate
2    curriculum;
3        (3) the facility provides enrollment and attendance
4    data;
5        (4) the facility demonstrates the ability to implement
6    the child's IEP; and
7        (5) the school district demonstrates that it made good
8    faith efforts to residentially place the student in an
9    approved facility, but no approved facility has accepted
10    the student or has availability for immediate residential
11    placement of the student.
12A resident school district may also submit such proof to the
13State Board of Education as may be required for its student.
14The State Board of Education may not unreasonably withhold
15approval once satisfactory proof is provided to the State
16Board.
17    (f) If an impartial due process hearing officer who is
18contracted by the State Board of Education pursuant to this
19Article orders placement of a student with a disability in a
20residential facility that is not approved by the State Board
21of Education, then, for purposes of this Section, the facility
22shall be deemed approved for placement and school district
23payments and State reimbursements shall be made accordingly.
24    (g) Emergency residential placement in a facility approved
25pursuant to subsection (e) or (f) may continue to be utilized
26so long as (i) the student's IEP team determines annually that

 

 

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1such placement continues to be appropriate to meet the
2student's needs and (ii) at least every 3 years following the
3student's residential placement, the IEP team reviews
4appropriate placements approved by the State Board of
5Education pursuant to 23 Ill. Adm. Code 401 or other
6applicable laws or rules to determine whether there are any
7approved placements that can meet the student's needs, have
8accepted the student, and have availability for placement of
9the student.
10    (h) The State Board of Education shall promulgate rules
11and regulations for determining when placement in a private
12special education facility is appropriate. Such rules and
13regulations shall take into account the various types of
14services needed by a child and the availability of such
15services to the particular child in the public school. In
16developing these rules and regulations the State Board of
17Education shall consult with the Advisory Council on Education
18of Children with Disabilities and hold public hearings to
19secure recommendations from parents, school personnel, and
20others concerned about this matter.
21    The State Board of Education shall also promulgate rules
22and regulations for transportation to and from a residential
23school. Transportation to and from home to a residential
24school more than once each school term shall be subject to
25prior approval by the State Superintendent in accordance with
26the rules and regulations of the State Board.

 

 

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1    (i) A school district making tuition payments pursuant to
2this Section is eligible for reimbursement from the State for
3the amount of such payments actually made in excess of the
4district per capita tuition charge for students not receiving
5special education services. Such reimbursement shall be
6approved in accordance with Section 14-12.01 and each district
7shall file its claims, computed in accordance with rules
8prescribed by the State Board of Education, on forms
9prescribed by the State Superintendent of Education. Data used
10as a basis of reimbursement claims shall be for the preceding
11regular school term and summer school term. Each school
12district shall transmit its claims to the State Board of
13Education on or before August 15. The State Board of
14Education, before approving any such claims, shall determine
15their accuracy and whether they are based upon services and
16facilities provided under approved programs. Upon approval the
17State Board shall cause vouchers to be prepared showing the
18amount due for payment of reimbursement claims to school
19districts, for transmittal to the State Comptroller on the
2030th day of September, December, and March, respectively, and
21the final voucher, no later than June 20. If the money
22appropriated by the General Assembly for such purpose for any
23year is insufficient, it shall be apportioned on the basis of
24the claims approved.
25    (j) No child shall be placed in a special education
26program pursuant to this Section if the tuition cost for

 

 

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1special education and related services increases more than 10
2percent over the tuition cost for the previous school year or
3exceeds $4,500 per year unless such costs have been approved
4by the Illinois Purchased Care Review Board. The Illinois
5Purchased Care Review Board shall consist of the following
6persons, or their designees: the Directors of Children and
7Family Services, Public Health, Public Aid, and the Governor's
8Office of Management and Budget; the Secretary of Human
9Services; the State Superintendent of Education; and such
10other persons as the Governor may designate. The Review Board
11shall also consist of one non-voting member who is an
12administrator of a private, nonpublic, special education
13school. The Review Board shall establish rules and regulations
14for its determination of allowable costs and payments made by
15local school districts for special education, room and board,
16and other related services provided by non-public schools or
17special education facilities and shall establish uniform
18standards and criteria which it shall follow. The Review Board
19shall approve the usual and customary rate or rates of a
20special education program that (i) is offered by an
21out-of-state, non-public provider of integrated autism
22specific educational and autism specific residential services,
23(ii) offers 2 or more levels of residential care, including at
24least one locked facility, and (iii) serves 12 or fewer
25Illinois students.
26    (k) In determining rates based on allowable costs, the

 

 

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1Review Board shall consider any wage increases awarded by the
2General Assembly to front line personnel defined as direct
3support persons, aides, front-line supervisors, qualified
4intellectual disabilities professionals, nurses, and
5non-administrative support staff working in service settings
6in community-based settings within the State and adjust
7customary rates or rates of a special education program to be
8equitable to the wage increase awarded to similar staff
9positions in a community residential setting. Any wage
10increase awarded by the General Assembly to front line
11personnel defined as direct support persons, aides, front-line
12supervisors, qualified intellectual disabilities
13professionals, nurses, and non-administrative support staff
14working in community-based settings within the State,
15including the $0.75 per hour increase contained in Public Act
16100-23 and the $0.50 per hour increase included in Public Act
17100-23, shall also be a basis for any facility covered by this
18Section to appeal its rate before the Review Board under the
19process defined in Title 89, Part 900, Section 340 of the
20Illinois Administrative Code. Illinois Administrative Code
21Title 89, Part 900, Section 342 shall be updated to recognize
22wage increases awarded to community-based settings to be a
23basis for appeal. However, any wage increase that is captured
24upon appeal from a previous year shall not be counted by the
25Review Board as revenue for the purpose of calculating a
26facility's future rate.

 

 

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1    (l) Any definition used by the Review Board in
2administrative rule or policy to define "related
3organizations" shall include any and all exceptions contained
4in federal law or regulation as it pertains to the federal
5definition of "related organizations".
6    (m) The Review Board shall establish uniform definitions
7and criteria for accounting separately by special education,
8room and board and other related services costs. The Board
9shall also establish guidelines for the coordination of
10services and financial assistance provided by all State
11agencies to assure that no otherwise qualified child with a
12disability receiving services under Article 14 shall be
13excluded from participation in, be denied the benefits of or
14be subjected to discrimination under any program or activity
15provided by any State agency.
16    (n) The Review Board shall review the costs for special
17education and related services provided by non-public schools
18or special education facilities and shall approve or
19disapprove such facilities in accordance with the rules and
20regulations established by it with respect to allowable costs.
21    (o) The State Board of Education shall provide
22administrative and staff support for the Review Board as
23deemed reasonable by the State Superintendent of Education.
24This support shall not include travel expenses or other
25compensation for any Review Board member other than the State
26Superintendent of Education.

 

 

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1    (p) The Review Board shall seek the advice of the Advisory
2Council on Education of Children with Disabilities on the
3rules and regulations to be promulgated by it relative to
4providing special education services.
5    (q) If a child has been placed in a program in which the
6actual per pupil costs of tuition for special education and
7related services based on program enrollment, excluding room,
8board and transportation costs, exceed $4,500 and such costs
9have been approved by the Review Board, the district shall pay
10such total costs which exceed $4,500. A district making such
11tuition payments in excess of $4,500 pursuant to this Section
12shall be responsible for an amount in excess of $4,500 equal to
13the district per capita tuition charge and shall be eligible
14for reimbursement from the State for the amount of such
15payments actually made in excess of the districts per capita
16tuition charge for students not receiving special education
17services.
18    (r) If a child has been placed in an approved individual
19program and the tuition costs including room and board costs
20have been approved by the Review Board, then such room and
21board costs shall be paid by the appropriate State agency
22subject to the provisions of Section 14-8.01 of this Act. Room
23and board costs not provided by a State agency other than the
24State Board of Education shall be provided by the State Board
25of Education on a current basis. In no event, however, shall
26the State's liability for funding of these tuition costs begin

 

 

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1until after the legal obligations of third party payors have
2been subtracted from such costs. If the money appropriated by
3the General Assembly for such purpose for any year is
4insufficient, it shall be apportioned on the basis of the
5claims approved. Each district shall submit estimated claims
6to the State Superintendent of Education. Upon approval of
7such claims, the State Superintendent of Education shall
8direct the State Comptroller to make payments on a monthly
9basis. The frequency for submitting estimated claims and the
10method of determining payment shall be prescribed in rules and
11regulations adopted by the State Board of Education. Such
12current state reimbursement shall be reduced by an amount
13equal to the proceeds which the child or child's parents are
14eligible to receive under any public or private insurance or
15assistance program. Nothing in this Section shall be construed
16as relieving an insurer or similar third party from an
17otherwise valid obligation to provide or to pay for services
18provided to a child with a disability.
19    (s) If it otherwise qualifies, a school district is
20eligible for the transportation reimbursement under Section
2114-13.01 and for the reimbursement of tuition payments under
22this Section whether the non-public school or special
23education facility, public out-of-state school or county
24special education facility, attended by a child who resides in
25that district and requires special educational services, is
26within or outside of the State of Illinois. However, a

 

 

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1district is not eligible to claim transportation reimbursement
2under this Section unless the district certifies to the State
3Superintendent of Education that the district is unable to
4provide special educational services required by the child for
5the current school year.
6    (t) Nothing in this Section authorizes the reimbursement
7of a school district for the amount paid for tuition of a child
8attending a non-public school or special education facility,
9public out-of-state school or county special education
10facility unless the school district certifies to the State
11Superintendent of Education that the special education program
12of that district is unable to meet the needs of that child
13because of his disability and the State Superintendent of
14Education finds that the school district is in substantial
15compliance with Section 14-4.01. However, if a child is
16unilaterally placed by a State agency or any court in a
17non-public school or special education facility, public
18out-of-state school, or county special education facility, a
19school district shall not be required to certify to the State
20Superintendent of Education, for the purpose of tuition
21reimbursement, that the special education program of that
22district is unable to meet the needs of a child because of his
23or her disability.
24    (u) Any educational or related services provided, pursuant
25to this Section in a non-public school or special education
26facility or a special education facility owned and operated by

 

 

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1a county government unit shall be at no cost to the parent or
2guardian of the child. However, current law and practices
3relative to contributions by parents or guardians for costs
4other than educational or related services are not affected by
5this amendatory Act of 1978.
6    (v) Reimbursement for children attending public school
7residential facilities shall be made in accordance with the
8provisions of this Section.
9    (w) Notwithstanding any other provision of law, any school
10district receiving a payment under this Section or under
11Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
12all or a portion of the funds that it receives in a particular
13fiscal year or from general State aid pursuant to Section
1418-8.05 of this Code as funds received in connection with any
15funding program for which it is entitled to receive funds from
16the State in that fiscal year (including, without limitation,
17any funding program referenced in this Section), regardless of
18the source or timing of the receipt. The district may not
19classify more funds as funds received in connection with the
20funding program than the district is entitled to receive in
21that fiscal year for that program. Any classification by a
22district must be made by a resolution of its board of
23education. The resolution must identify the amount of any
24payments or general State aid to be classified under this
25paragraph and must specify the funding program to which the
26funds are to be treated as received in connection therewith.

 

 

HB3071- 51 -LRB103 30431 RJT 56861 b

1This resolution is controlling as to the classification of
2funds referenced therein. A certified copy of the resolution
3must be sent to the State Superintendent of Education. The
4resolution shall still take effect even though a copy of the
5resolution has not been sent to the State Superintendent of
6Education in a timely manner. No classification under this
7paragraph by a district shall affect the total amount or
8timing of money the district is entitled to receive under this
9Code. No classification under this paragraph by a district
10shall in any way relieve the district from or affect any
11requirements that otherwise would apply with respect to that
12funding program, including any accounting of funds by source,
13reporting expenditures by original source and purpose,
14reporting requirements, or requirements of providing services.
15(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
16102-703, eff. 4-22-22.)
 
17    (105 ILCS 5/18-8.15)
18    Sec. 18-8.15. Evidence-Based Funding for student success
19for the 2017-2018 and subsequent school years.
20    (a) General provisions.
21        (1) The purpose of this Section is to ensure that, by
22    June 30, 2027 and beyond, this State has a kindergarten
23    through grade 12 public education system with the capacity
24    to ensure the educational development of all persons to
25    the limits of their capacities in accordance with Section

 

 

HB3071- 52 -LRB103 30431 RJT 56861 b

1    1 of Article X of the Constitution of the State of
2    Illinois. To accomplish that objective, this Section
3    creates a method of funding public education that is
4    evidence-based; is sufficient to ensure every student
5    receives a meaningful opportunity to learn irrespective of
6    race, ethnicity, sexual orientation, gender, or
7    community-income level; and is sustainable and
8    predictable. When fully funded under this Section, every
9    school shall have the resources, based on what the
10    evidence indicates is needed, to:
11            (A) provide all students with a high quality
12        education that offers the academic, enrichment, social
13        and emotional support, technical, and career-focused
14        programs that will allow them to become competitive
15        workers, responsible parents, productive citizens of
16        this State, and active members of our national
17        democracy;
18            (B) ensure all students receive the education they
19        need to graduate from high school with the skills
20        required to pursue post-secondary education and
21        training for a rewarding career;
22            (C) reduce, with a goal of eliminating, the
23        achievement gap between at-risk and non-at-risk
24        students by raising the performance of at-risk
25        students and not by reducing standards; and
26            (D) ensure this State satisfies its obligation to

 

 

HB3071- 53 -LRB103 30431 RJT 56861 b

1        assume the primary responsibility to fund public
2        education and simultaneously relieve the
3        disproportionate burden placed on local property taxes
4        to fund schools.
5        (2) The Evidence-Based Funding formula under this
6    Section shall be applied to all Organizational Units in
7    this State. The Evidence-Based Funding formula outlined in
8    this Act is based on the formula outlined in Senate Bill 1
9    of the 100th General Assembly, as passed by both
10    legislative chambers. As further defined and described in
11    this Section, there are 4 major components of the
12    Evidence-Based Funding model:
13            (A) First, the model calculates a unique Adequacy
14        Target for each Organizational Unit in this State that
15        considers the costs to implement research-based
16        activities, the unit's student demographics, and
17        regional wage differences.
18            (B) Second, the model calculates each
19        Organizational Unit's Local Capacity, or the amount
20        each Organizational Unit is assumed to contribute
21        toward its Adequacy Target from local resources.
22            (C) Third, the model calculates how much funding
23        the State currently contributes to the Organizational
24        Unit and adds that to the unit's Local Capacity to
25        determine the unit's overall current adequacy of
26        funding.

 

 

HB3071- 54 -LRB103 30431 RJT 56861 b

1            (D) Finally, the model's distribution method
2        allocates new State funding to those Organizational
3        Units that are least well-funded, considering both
4        Local Capacity and State funding, in relation to their
5        Adequacy Target.
6        (3) An Organizational Unit receiving any funding under
7    this Section may apply those funds to any fund so received
8    for which that Organizational Unit is authorized to make
9    expenditures by law.
10        (4) As used in this Section, the following terms shall
11    have the meanings ascribed in this paragraph (4):
12        "Adequacy Target" is defined in paragraph (1) of
13    subsection (b) of this Section.
14        "Adjusted EAV" is defined in paragraph (4) of
15    subsection (d) of this Section.
16        "Adjusted Local Capacity Target" is defined in
17    paragraph (3) of subsection (c) of this Section.
18        "Adjusted Operating Tax Rate" means a tax rate for all
19    Organizational Units, for which the State Superintendent
20    shall calculate and subtract for the Operating Tax Rate a
21    transportation rate based on total expenses for
22    transportation services under this Code, as reported on
23    the most recent Annual Financial Report in Pupil
24    Transportation Services, function 2550 in both the
25    Education and Transportation funds and functions 4110 and
26    4120 in the Transportation fund, less any corresponding

 

 

HB3071- 55 -LRB103 30431 RJT 56861 b

1    fiscal year State of Illinois scheduled payments excluding
2    net adjustments for prior years for regular, vocational,
3    or special education transportation reimbursement pursuant
4    to Section 29-5 or subsection (b) of Section 14-13.01 of
5    this Code divided by the Adjusted EAV. If an
6    Organizational Unit's corresponding fiscal year State of
7    Illinois scheduled payments excluding net adjustments for
8    prior years for regular, vocational, or special education
9    transportation reimbursement pursuant to Section 29-5 or
10    subsection (b) of Section 14-13.01 of this Code exceed the
11    total transportation expenses, as defined in this
12    paragraph, no transportation rate shall be subtracted from
13    the Operating Tax Rate.
14        "Allocation Rate" is defined in paragraph (3) of
15    subsection (g) of this Section.
16        "Alternative School" means a public school that is
17    created and operated by a regional superintendent of
18    schools and approved by the State Board.
19        "Applicable Tax Rate" is defined in paragraph (1) of
20    subsection (d) of this Section.
21        "Assessment" means any of those benchmark, progress
22    monitoring, formative, diagnostic, and other assessments,
23    in addition to the State accountability assessment, that
24    assist teachers' needs in understanding the skills and
25    meeting the needs of the students they serve.
26        "Assistant principal" means a school administrator

 

 

HB3071- 56 -LRB103 30431 RJT 56861 b

1    duly endorsed to be employed as an assistant principal in
2    this State.
3        "At-risk student" means a student who is at risk of
4    not meeting the Illinois Learning Standards or not
5    graduating from elementary or high school and who
6    demonstrates a need for vocational support or social
7    services beyond that provided by the regular school
8    program. All students included in an Organizational Unit's
9    Low-Income Count, as well as all English learner and
10    disabled students attending the Organizational Unit, shall
11    be considered at-risk students under this Section.
12        "Average Student Enrollment" or "ASE" for fiscal year
13    2018 means, for an Organizational Unit, the greater of the
14    average number of students (grades K through 12) reported
15    to the State Board as enrolled in the Organizational Unit
16    on October 1 in the immediately preceding school year,
17    plus the pre-kindergarten students who receive special
18    education services of 2 or more hours a day as reported to
19    the State Board on December 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, plus the
23    pre-kindergarten students who receive special education
24    services of 2 or more hours a day as reported to the State
25    Board on December 1, for each of the immediately preceding
26    3 school years. For fiscal year 2019 and each subsequent

 

 

HB3071- 57 -LRB103 30431 RJT 56861 b

1    fiscal year, "Average Student Enrollment" or "ASE" means,
2    for an Organizational Unit, the greater of the average
3    number of students (grades K through 12) reported to the
4    State Board as enrolled in the Organizational Unit on
5    October 1 and March 1 in the immediately preceding school
6    year, plus the pre-kindergarten students who receive
7    special education services as reported to the State Board
8    on October 1 and March 1 in the immediately preceding
9    school year, or the average number of students (grades K
10    through 12) reported to the State Board as enrolled in the
11    Organizational Unit on October 1 and March 1, plus the
12    pre-kindergarten students who receive special education
13    services as reported to the State Board on October 1 and
14    March 1, for each of the immediately preceding 3 school
15    years. For the purposes of this definition, "enrolled in
16    the Organizational Unit" means the number of students
17    reported to the State Board who are enrolled in schools
18    within the Organizational Unit that the student attends or
19    would attend if not placed or transferred to another
20    school or program to receive needed services. For the
21    purposes of calculating "ASE", all students, grades K
22    through 12, excluding those attending kindergarten for a
23    half day and students attending an alternative education
24    program operated by a regional office of education or
25    intermediate service center, shall be counted as 1.0. All
26    students attending kindergarten for a half day shall be

 

 

HB3071- 58 -LRB103 30431 RJT 56861 b

1    counted as 0.5, unless in 2017 by June 15 or by March 1 in
2    subsequent years, the school district reports to the State
3    Board of Education the intent to implement full-day
4    kindergarten district-wide for all students, then all
5    students attending kindergarten shall be counted as 1.0.
6    Special education pre-kindergarten students shall be
7    counted as 0.5 each. If the State Board does not collect or
8    has not collected both an October 1 and March 1 enrollment
9    count by grade or a December 1 collection of special
10    education pre-kindergarten students as of August 31, 2017
11    (the effective date of Public Act 100-465), it shall
12    establish such collection for all future years. For any
13    year in which a count by grade level was collected only
14    once, that count shall be used as the single count
15    available for computing a 3-year average ASE. Funding for
16    programs operated by a regional office of education or an
17    intermediate service center must be calculated using the
18    Evidence-Based Funding formula under this Section for the
19    2019-2020 school year and each subsequent school year
20    until separate adequacy formulas are developed and adopted
21    for each type of program. ASE for a program operated by a
22    regional office of education or an intermediate service
23    center must be determined by the March 1 enrollment for
24    the program. For the 2019-2020 school year, the ASE used
25    in the calculation must be the first-year ASE and, in that
26    year only, the assignment of students served by a regional

 

 

HB3071- 59 -LRB103 30431 RJT 56861 b

1    office of education or intermediate service center shall
2    not result in a reduction of the March enrollment for any
3    school district. For the 2020-2021 school year, the ASE
4    must be the greater of the current-year ASE or the 2-year
5    average ASE. Beginning with the 2021-2022 school year, the
6    ASE must be the greater of the current-year ASE or the
7    3-year average ASE. School districts shall submit the data
8    for the ASE calculation to the State Board within 45 days
9    of the dates required in this Section for submission of
10    enrollment data in order for it to be included in the ASE
11    calculation. For fiscal year 2018 only, the ASE
12    calculation shall include only enrollment taken on October
13    1. In recognition of the impact of COVID-19, the
14    definition of "Average Student Enrollment" or "ASE" shall
15    be adjusted for calculations under this Section for fiscal
16    years 2022 through 2024. For fiscal years 2022 through
17    2024, the enrollment used in the calculation of ASE
18    representing the 2020-2021 school year shall be the
19    greater of the enrollment for the 2020-2021 school year or
20    the 2019-2020 school year.
21        "Base Funding Guarantee" is defined in paragraph (10)
22    of subsection (g) of this Section.
23        "Base Funding Minimum" is defined in subsection (e) of
24    this Section.
25        "Base Tax Year" means the property tax levy year used
26    to calculate the Budget Year allocation of primary State

 

 

HB3071- 60 -LRB103 30431 RJT 56861 b

1    aid.
2        "Base Tax Year's Extension" means the product of the
3    equalized assessed valuation utilized by the county clerk
4    in the Base Tax Year multiplied by the limiting rate as
5    calculated by the county clerk and defined in PTELL.
6        "Bilingual Education Allocation" means the amount of
7    an Organizational Unit's final Adequacy Target
8    attributable to bilingual education divided by the
9    Organizational Unit's final Adequacy Target, the product
10    of which shall be multiplied by the amount of new funding
11    received pursuant to this Section. An Organizational
12    Unit's final Adequacy Target attributable to bilingual
13    education shall include all additional investments in
14    English learner students' adequacy elements.
15        "Budget Year" means the school year for which primary
16    State aid is calculated and awarded under this Section.
17        "Central office" means individual administrators and
18    support service personnel charged with managing the
19    instructional programs, business and operations, and
20    security of the Organizational Unit.
21        "Comparable Wage Index" or "CWI" means a regional cost
22    differentiation metric that measures systemic, regional
23    variations in the salaries of college graduates who are
24    not educators. The CWI utilized for this Section shall,
25    for the first 3 years of Evidence-Based Funding
26    implementation, be the CWI initially developed by the

 

 

HB3071- 61 -LRB103 30431 RJT 56861 b

1    National Center for Education Statistics, as most recently
2    updated by Texas A & M University. In the fourth and
3    subsequent years of Evidence-Based Funding implementation,
4    the State Superintendent shall re-determine the CWI using
5    a similar methodology to that identified in the Texas A & M
6    University study, with adjustments made no less frequently
7    than once every 5 years.
8        "Computer technology and equipment" means computers
9    servers, notebooks, network equipment, copiers, printers,
10    instructional software, security software, curriculum
11    management courseware, and other similar materials and
12    equipment.
13        "Computer technology and equipment investment
14    allocation" means the final Adequacy Target amount of an
15    Organizational Unit assigned to Tier 1 or Tier 2 in the
16    prior school year attributable to the additional $285.50
17    per student computer technology and equipment investment
18    grant divided by the Organizational Unit's final Adequacy
19    Target, the result of which shall be multiplied by the
20    amount of new funding received pursuant to this Section.
21    An Organizational Unit assigned to a Tier 1 or Tier 2 final
22    Adequacy Target attributable to the received computer
23    technology and equipment investment grant shall include
24    all additional investments in computer technology and
25    equipment adequacy elements.
26        "Core subject" means mathematics; science; reading,

 

 

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1    English, writing, and language arts; history and social
2    studies; world languages; and subjects taught as Advanced
3    Placement in high schools.
4        "Core teacher" means a regular classroom teacher in
5    elementary schools and teachers of a core subject in
6    middle and high schools.
7        "Core Intervention teacher (tutor)" means a licensed
8    teacher providing one-on-one or small group tutoring to
9    students struggling to meet proficiency in core subjects.
10        "CPPRT" means corporate personal property replacement
11    tax funds paid to an Organizational Unit during the
12    calendar year one year before the calendar year in which a
13    school year begins, pursuant to "An Act in relation to the
14    abolition of ad valorem personal property tax and the
15    replacement of revenues lost thereby, and amending and
16    repealing certain Acts and parts of Acts in connection
17    therewith", certified August 14, 1979, as amended (Public
18    Act 81-1st S.S.-1).
19        "EAV" means equalized assessed valuation as defined in
20    paragraph (2) of subsection (d) of this Section and
21    calculated in accordance with paragraph (3) of subsection
22    (d) of this Section.
23        "ECI" means the Bureau of Labor Statistics' national
24    employment cost index for civilian workers in educational
25    services in elementary and secondary schools on a
26    cumulative basis for the 12-month calendar year preceding

 

 

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1    the fiscal year of the Evidence-Based Funding calculation.
2        "EIS Data" means the employment information system
3    data maintained by the State Board on educators within
4    Organizational Units.
5        "Employee benefits" means health, dental, and vision
6    insurance offered to employees of an Organizational Unit,
7    the costs associated with the statutorily required payment
8    of the normal cost of the Organizational Unit's teacher
9    pensions, Social Security employer contributions, and
10    Illinois Municipal Retirement Fund employer contributions.
11        "English learner" or "EL" means a child included in
12    the definition of "English learners" under Section 14C-2
13    of this Code participating in a program of transitional
14    bilingual education or a transitional program of
15    instruction meeting the requirements and program
16    application procedures of Article 14C of this Code. For
17    the purposes of collecting the number of EL students
18    enrolled, the same collection and calculation methodology
19    as defined above for "ASE" shall apply to English
20    learners, with the exception that EL student enrollment
21    shall include students in grades pre-kindergarten through
22    12.
23        "Essential Elements" means those elements, resources,
24    and educational programs that have been identified through
25    academic research as necessary to improve student success,
26    improve academic performance, close achievement gaps, and

 

 

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1    provide for other per student costs related to the
2    delivery and leadership of the Organizational Unit, as
3    well as the maintenance and operations of the unit, and
4    which are specified in paragraph (2) of subsection (b) of
5    this Section.
6        "Evidence-Based Funding" means State funding provided
7    to an Organizational Unit pursuant to this Section.
8        "Extended day" means academic and enrichment programs
9    provided to students outside the regular school day before
10    and after school or during non-instructional times during
11    the school day.
12        "Extension Limitation Ratio" means a numerical ratio
13    in which the numerator is the Base Tax Year's Extension
14    and the denominator is the Preceding Tax Year's Extension.
15        "Final Percent of Adequacy" is defined in paragraph
16    (4) of subsection (f) of this Section.
17        "Final Resources" is defined in paragraph (3) of
18    subsection (f) of this Section.
19        "Full-time equivalent" or "FTE" means the full-time
20    equivalency compensation for staffing the relevant
21    position at an Organizational Unit.
22        "Funding Gap" is defined in paragraph (1) of
23    subsection (g).
24        "Hybrid District" means a partial elementary unit
25    district created pursuant to Article 11E of this Code.
26        "Instructional assistant" means a core or special

 

 

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1    education, non-licensed employee who assists a teacher in
2    the classroom and provides academic support to students.
3        "Instructional facilitator" means a qualified teacher
4    or licensed teacher leader who facilitates and coaches
5    continuous improvement in classroom instruction; provides
6    instructional support to teachers in the elements of
7    research-based instruction or demonstrates the alignment
8    of instruction with curriculum standards and assessment
9    tools; develops or coordinates instructional programs or
10    strategies; develops and implements training; chooses
11    standards-based instructional materials; provides
12    teachers with an understanding of current research; serves
13    as a mentor, site coach, curriculum specialist, or lead
14    teacher; or otherwise works with fellow teachers, in
15    collaboration, to use data to improve instructional
16    practice or develop model lessons.
17        "Instructional materials" means relevant
18    instructional materials for student instruction,
19    including, but not limited to, textbooks, consumable
20    workbooks, laboratory equipment, library books, and other
21    similar materials.
22        "Laboratory School" means a public school that is
23    created and operated by a public university and approved
24    by the State Board.
25        "Librarian" means a teacher with an endorsement as a
26    library information specialist or another individual whose

 

 

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1    primary responsibility is overseeing library resources
2    within an Organizational Unit.
3        "Limiting rate for Hybrid Districts" means the
4    combined elementary school and high school limiting rates.
5        "Local Capacity" is defined in paragraph (1) of
6    subsection (c) of this Section.
7        "Local Capacity Percentage" is defined in subparagraph
8    (A) of paragraph (2) of subsection (c) of this Section.
9        "Local Capacity Ratio" is defined in subparagraph (B)
10    of paragraph (2) of subsection (c) of this Section.
11        "Local Capacity Target" is defined in paragraph (2) of
12    subsection (c) of this Section.
13        "Low-Income Count" means, for an Organizational Unit
14    in a fiscal year, the higher of the average number of
15    students for the prior school year or the immediately
16    preceding 3 school years who, as of July 1 of the
17    immediately preceding fiscal year (as determined by the
18    Department of Human Services), are eligible for at least
19    one of the following low-income programs: Medicaid, the
20    Children's Health Insurance Program, Temporary Assistance
21    for Needy Families (TANF), or the Supplemental Nutrition
22    Assistance Program, excluding pupils who are eligible for
23    services provided by the Department of Children and Family
24    Services. Until such time that grade level low-income
25    populations become available, grade level low-income
26    populations shall be determined by applying the low-income

 

 

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1    percentage to total student enrollments by grade level.
2    The low-income percentage is determined by dividing the
3    Low-Income Count by the Average Student Enrollment. The
4    low-income percentage for programs operated by a regional
5    office of education or an intermediate service center must
6    be set to the weighted average of the low-income
7    percentages of all of the school districts in the service
8    region. The weighted low-income percentage is the result
9    of multiplying the low-income percentage of each school
10    district served by the regional office of education or
11    intermediate service center by each school district's
12    Average Student Enrollment, summarizing those products and
13    dividing the total by the total Average Student Enrollment
14    for the service region.
15        "Maintenance and operations" means custodial services,
16    facility and ground maintenance, facility operations,
17    facility security, routine facility repairs, and other
18    similar services and functions.
19        "Minimum Funding Level" is defined in paragraph (9) of
20    subsection (g) of this Section.
21        "New Property Tax Relief Pool Funds" means, for any
22    given fiscal year, all State funds appropriated under
23    Section 2-3.170 of this Code.
24        "New State Funds" means, for a given school year, all
25    State funds appropriated for Evidence-Based Funding in
26    excess of the amount needed to fund the Base Funding

 

 

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1    Minimum for all Organizational Units in that school year.
2        "Nurse" means an individual licensed as a certified
3    school nurse, in accordance with the rules established for
4    nursing services by the State Board, who is an employee of
5    and is available to provide health care-related services
6    for students of an Organizational Unit.
7        "Operating Tax Rate" means the rate utilized in the
8    previous year to extend property taxes for all purposes,
9    except Bond and Interest, Summer School, Rent, Capital
10    Improvement, and Vocational Education Building purposes.
11    For Hybrid Districts, the Operating Tax Rate shall be the
12    combined elementary and high school rates utilized in the
13    previous year to extend property taxes for all purposes,
14    except Bond and Interest, Summer School, Rent, Capital
15    Improvement, and Vocational Education Building purposes.
16        "Organizational Unit" means a Laboratory School or any
17    public school district that is recognized as such by the
18    State Board and that contains elementary schools typically
19    serving kindergarten through 5th grades, middle schools
20    typically serving 6th through 8th grades, high schools
21    typically serving 9th through 12th grades, a program
22    established under Section 2-3.66 or 2-3.41, or a program
23    operated by a regional office of education or an
24    intermediate service center under Article 13A or 13B. The
25    General Assembly acknowledges that the actual grade levels
26    served by a particular Organizational Unit may vary

 

 

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1    slightly from what is typical.
2        "Organizational Unit CWI" is determined by calculating
3    the CWI in the region and original county in which an
4    Organizational Unit's primary administrative office is
5    located as set forth in this paragraph, provided that if
6    the Organizational Unit CWI as calculated in accordance
7    with this paragraph is less than 0.9, the Organizational
8    Unit CWI shall be increased to 0.9. Each county's current
9    CWI value shall be adjusted based on the CWI value of that
10    county's neighboring Illinois counties, to create a
11    "weighted adjusted index value". This shall be calculated
12    by summing the CWI values of all of a county's adjacent
13    Illinois counties and dividing by the number of adjacent
14    Illinois counties, then taking the weighted value of the
15    original county's CWI value and the adjacent Illinois
16    county average. To calculate this weighted value, if the
17    number of adjacent Illinois counties is greater than 2,
18    the original county's CWI value will be weighted at 0.25
19    and the adjacent Illinois county average will be weighted
20    at 0.75. If the number of adjacent Illinois counties is 2,
21    the original county's CWI value will be weighted at 0.33
22    and the adjacent Illinois county average will be weighted
23    at 0.66. The greater of the county's current CWI value and
24    its weighted adjusted index value shall be used as the
25    Organizational Unit CWI.
26        "Preceding Tax Year" means the property tax levy year

 

 

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1    immediately preceding the Base Tax Year.
2        "Preceding Tax Year's Extension" means the product of
3    the equalized assessed valuation utilized by the county
4    clerk in the Preceding Tax Year multiplied by the
5    Operating Tax Rate.
6        "Preliminary Percent of Adequacy" is defined in
7    paragraph (2) of subsection (f) of this Section.
8        "Preliminary Resources" is defined in paragraph (2) of
9    subsection (f) of this Section.
10        "Principal" means a school administrator duly endorsed
11    to be employed as a principal in this State.
12        "Professional development" means training programs for
13    licensed staff in schools, including, but not limited to,
14    programs that assist in implementing new curriculum
15    programs, provide data focused or academic assessment data
16    training to help staff identify a student's weaknesses and
17    strengths, target interventions, improve instruction,
18    encompass instructional strategies for English learner,
19    gifted, or at-risk students, address inclusivity, cultural
20    sensitivity, or implicit bias, or otherwise provide
21    professional support for licensed staff.
22        "Prototypical" means 450 special education
23    pre-kindergarten and kindergarten through grade 5 students
24    for an elementary school, 450 grade 6 through 8 students
25    for a middle school, and 600 grade 9 through 12 students
26    for a high school.

 

 

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1        "PTELL" means the Property Tax Extension Limitation
2    Law.
3        "PTELL EAV" is defined in paragraph (4) of subsection
4    (d) of this Section.
5        "Pupil support staff" means a nurse, psychologist,
6    social worker, family liaison personnel, or other staff
7    member who provides support to at-risk or struggling
8    students.
9        "Real Receipts" is defined in paragraph (1) of
10    subsection (d) of this Section.
11        "Regionalization Factor" means, for a particular
12    Organizational Unit, the figure derived by dividing the
13    Organizational Unit CWI by the Statewide Weighted CWI.
14        "School counselor" means a licensed school counselor
15    who provides guidance and counseling support for students
16    within an Organizational Unit.
17        "School site staff" means the primary school secretary
18    and any additional clerical personnel assigned to a
19    school.
20        "Special education" means special educational
21    facilities and services, as defined in Section 14-1.08 of
22    this Code.
23        "Special Education Allocation" means the amount of an
24    Organizational Unit's final Adequacy Target attributable
25    to special education divided by the Organizational Unit's
26    final Adequacy Target, the product of which shall be

 

 

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1    multiplied by the amount of new funding received pursuant
2    to this Section. An Organizational Unit's final Adequacy
3    Target attributable to special education shall include all
4    special education investment adequacy elements.
5        "Specialist teacher" means a teacher who provides
6    instruction in subject areas not included in core
7    subjects, including, but not limited to, art, music,
8    physical education, health, driver education,
9    career-technical education, and such other subject areas
10    as may be mandated by State law or provided by an
11    Organizational Unit.
12        "Specially Funded Unit" means an Alternative School,
13    safe school, Department of Juvenile Justice school,
14    special education cooperative or entity recognized by the
15    State Board as a special education cooperative,
16    State-approved charter school, or alternative learning
17    opportunities program that received direct funding from
18    the State Board during the 2016-2017 school year through
19    any of the funding sources included within the calculation
20    of the Base Funding Minimum or Glenwood Academy.
21        "Supplemental Grant Funding" means supplemental
22    general State aid funding received by an Organizational
23    Unit during the 2016-2017 school year pursuant to
24    subsection (H) of Section 18-8.05 of this Code (now
25    repealed).
26        "State Adequacy Level" is the sum of the Adequacy

 

 

HB3071- 73 -LRB103 30431 RJT 56861 b

1    Targets of all Organizational Units.
2        "State Board" means the State Board of Education.
3        "State Superintendent" means the State Superintendent
4    of Education.
5        "Statewide Weighted CWI" means a figure determined by
6    multiplying each Organizational Unit CWI times the ASE for
7    that Organizational Unit creating a weighted value,
8    summing all Organizational Units' weighted values, and
9    dividing by the total ASE of all Organizational Units,
10    thereby creating an average weighted index.
11        "Student activities" means non-credit producing
12    after-school programs, including, but not limited to,
13    clubs, bands, sports, and other activities authorized by
14    the school board of the Organizational Unit.
15        "Substitute teacher" means an individual teacher or
16    teaching assistant who is employed by an Organizational
17    Unit and is temporarily serving the Organizational Unit on
18    a per diem or per period-assignment basis to replace
19    another staff member.
20        "Summer school" means academic and enrichment programs
21    provided to students during the summer months outside of
22    the regular school year.
23        "Supervisory aide" means a non-licensed staff member
24    who helps in supervising students of an Organizational
25    Unit, but does so outside of the classroom, in situations
26    such as, but not limited to, monitoring hallways and

 

 

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1    playgrounds, supervising lunchrooms, or supervising
2    students when being transported in buses serving the
3    Organizational Unit.
4        "Target Ratio" is defined in paragraph (4) of
5    subsection (g).
6        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
7    in paragraph (3) of subsection (g).
8        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
9    Funding", "Tier 3 Aggregate Funding", and "Tier 4
10    Aggregate Funding" are defined in paragraph (1) of
11    subsection (g).
12    (b) Adequacy Target calculation.
13        (1) Each Organizational Unit's Adequacy Target is the
14    sum of the Organizational Unit's cost of providing
15    Essential Elements, as calculated in accordance with this
16    subsection (b), with the salary amounts in the Essential
17    Elements multiplied by a Regionalization Factor calculated
18    pursuant to paragraph (3) of this subsection (b).
19        (2) The Essential Elements are attributable on a pro
20    rata basis related to defined subgroups of the ASE of each
21    Organizational Unit as specified in this paragraph (2),
22    with investments and FTE positions pro rata funded based
23    on ASE counts in excess of or less than the thresholds set
24    forth in this paragraph (2). The method for calculating
25    attributable pro rata costs and the defined subgroups
26    thereto are as follows:

 

 

HB3071- 75 -LRB103 30431 RJT 56861 b

1            (A) Core class size investments. Each
2        Organizational Unit shall receive the funding required
3        to support that number of FTE core teacher positions
4        as is needed to keep the respective class sizes of the
5        Organizational Unit to the following maximum numbers:
6                (i) For grades kindergarten through 3, the
7            Organizational Unit shall receive funding required
8            to support one FTE core teacher position for every
9            15 Low-Income Count students in those grades and
10            one FTE core teacher position for every 20
11            non-Low-Income Count students in those grades.
12                (ii) For grades 4 through 12, the
13            Organizational Unit shall receive funding required
14            to support one FTE core teacher position for every
15            20 Low-Income Count students in those grades and
16            one FTE core teacher position for every 25
17            non-Low-Income Count students in those grades.
18            The number of non-Low-Income Count students in a
19        grade shall be determined by subtracting the
20        Low-Income students in that grade from the ASE of the
21        Organizational Unit for that grade.
22            (B) Specialist teacher investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover that number of FTE specialist teacher
25        positions that correspond to the following
26        percentages:

 

 

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1                (i) if the Organizational Unit operates an
2            elementary or middle school, then 20.00% of the
3            number of the Organizational Unit's core teachers,
4            as determined under subparagraph (A) of this
5            paragraph (2); and
6                (ii) if such Organizational Unit operates a
7            high school, then 33.33% of the number of the
8            Organizational Unit's core teachers.
9            (C) Instructional facilitator investments. Each
10        Organizational Unit shall receive the funding needed
11        to cover one FTE instructional facilitator position
12        for every 200 combined ASE of pre-kindergarten
13        children with disabilities and all kindergarten
14        through grade 12 students of the Organizational Unit.
15            (D) Core intervention teacher (tutor) investments.
16        Each Organizational Unit shall receive the funding
17        needed to cover one FTE teacher position for each
18        prototypical elementary, middle, and high school.
19            (E) Substitute teacher investments. Each
20        Organizational Unit shall receive the funding needed
21        to cover substitute teacher costs that is equal to
22        5.70% of the minimum pupil attendance days required
23        under Section 10-19 of this Code for all full-time
24        equivalent core, specialist, and intervention
25        teachers, school nurses, special education teachers
26        and instructional assistants, instructional

 

 

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1        facilitators, and summer school and extended day
2        teacher positions, as determined under this paragraph
3        (2), at a salary rate of 33.33% of the average salary
4        for grade K through 12 teachers and 33.33% of the
5        average salary of each instructional assistant
6        position.
7            (F) Core school counselor investments. Each
8        Organizational Unit shall receive the funding needed
9        to cover one FTE school counselor for each 450
10        combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 5
12        students, plus one FTE school counselor for each 250
13        grades 6 through 8 ASE middle school students, plus
14        one FTE school counselor for each 250 grades 9 through
15        12 ASE high school students.
16            (G) Nurse investments. Each Organizational Unit
17        shall receive the funding needed to cover one FTE
18        nurse for each 750 combined ASE of pre-kindergarten
19        children with disabilities and all kindergarten
20        through grade 12 students across all grade levels it
21        serves.
22            (H) Supervisory aide investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover one FTE for each 225 combined ASE of
25        pre-kindergarten children with disabilities and all
26        kindergarten through grade 5 students, plus one FTE

 

 

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1        for each 225 ASE middle school students, plus one FTE
2        for each 200 ASE high school students.
3            (I) Librarian investments. Each Organizational
4        Unit shall receive the funding needed to cover one FTE
5        librarian for each prototypical elementary school,
6        middle school, and high school and one FTE aide or
7        media technician for every 300 combined ASE of
8        pre-kindergarten children with disabilities and all
9        kindergarten through grade 12 students.
10            (J) Principal investments. Each Organizational
11        Unit shall receive the funding needed to cover one FTE
12        principal position for each prototypical elementary
13        school, plus one FTE principal position for each
14        prototypical middle school, plus one FTE principal
15        position for each prototypical high school.
16            (K) Assistant principal investments. Each
17        Organizational Unit shall receive the funding needed
18        to cover one FTE assistant principal position for each
19        prototypical elementary school, plus one FTE assistant
20        principal position for each prototypical middle
21        school, plus one FTE assistant principal position for
22        each prototypical high school.
23            (L) School site staff investments. Each
24        Organizational Unit shall receive the funding needed
25        for one FTE position for each 225 ASE of
26        pre-kindergarten children with disabilities and all

 

 

HB3071- 79 -LRB103 30431 RJT 56861 b

1        kindergarten through grade 5 students, plus one FTE
2        position for each 225 ASE middle school students, plus
3        one FTE position for each 200 ASE high school
4        students.
5            (M) Gifted investments. Each Organizational Unit
6        shall receive $40 per kindergarten through grade 12
7        ASE.
8            (N) Professional development investments. Each
9        Organizational Unit shall receive $125 per student of
10        the combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 12
12        students for trainers and other professional
13        development-related expenses for supplies and
14        materials.
15            (O) Instructional material investments. Each
16        Organizational Unit shall receive $190 per student of
17        the combined ASE of pre-kindergarten children with
18        disabilities and all kindergarten through grade 12
19        students to cover instructional material costs.
20            (P) Assessment investments. Each Organizational
21        Unit shall receive $25 per student of the combined ASE
22        of pre-kindergarten children with disabilities and all
23        kindergarten through grade 12 students to cover
24        assessment costs.
25            (Q) Computer technology and equipment investments.
26        Each Organizational Unit shall receive $285.50 per

 

 

HB3071- 80 -LRB103 30431 RJT 56861 b

1        student of the combined ASE of pre-kindergarten
2        children with disabilities and all kindergarten
3        through grade 12 students to cover computer technology
4        and equipment costs. For the 2018-2019 school year and
5        subsequent school years, Organizational Units assigned
6        to Tier 1 and Tier 2 in the prior school year shall
7        receive an additional $285.50 per student of the
8        combined ASE of pre-kindergarten children with
9        disabilities and all kindergarten through grade 12
10        students to cover computer technology and equipment
11        costs in the Organizational Unit's Adequacy Target.
12        The State Board may establish additional requirements
13        for Organizational Unit expenditures of funds received
14        pursuant to this subparagraph (Q), including a
15        requirement that funds received pursuant to this
16        subparagraph (Q) may be used only for serving the
17        technology needs of the district. It is the intent of
18        Public Act 100-465 that all Tier 1 and Tier 2 districts
19        receive the addition to their Adequacy Target in the
20        following year, subject to compliance with the
21        requirements of the State Board.
22            (R) Student activities investments. Each
23        Organizational Unit shall receive the following
24        funding amounts to cover student activities: $100 per
25        kindergarten through grade 5 ASE student in elementary
26        school, plus $200 per ASE student in middle school,

 

 

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1        plus $675 per ASE student in high school.
2            (S) Maintenance and operations investments. Each
3        Organizational Unit shall receive $1,038 per student
4        of the combined ASE of pre-kindergarten children with
5        disabilities and all kindergarten through grade 12
6        students for day-to-day maintenance and operations
7        expenditures, including salary, supplies, and
8        materials, as well as purchased services, but
9        excluding employee benefits. The proportion of salary
10        for the application of a Regionalization Factor and
11        the calculation of benefits is equal to $352.92.
12            (T) Central office investments. Each
13        Organizational Unit shall receive $742 per student of
14        the combined ASE of pre-kindergarten children with
15        disabilities and all kindergarten through grade 12
16        students to cover central office operations, including
17        administrators and classified personnel charged with
18        managing the instructional programs, business and
19        operations of the school district, and security
20        personnel. The proportion of salary for the
21        application of a Regionalization Factor and the
22        calculation of benefits is equal to $368.48.
23            (U) Employee benefit investments. Each
24        Organizational Unit shall receive 30% of the total of
25        all salary-calculated elements of the Adequacy Target,
26        excluding substitute teachers and student activities

 

 

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1        investments, to cover benefit costs. For central
2        office and maintenance and operations investments, the
3        benefit calculation shall be based upon the salary
4        proportion of each investment. If at any time the
5        responsibility for funding the employer normal cost of
6        teacher pensions is assigned to school districts, then
7        that amount certified by the Teachers' Retirement
8        System of the State of Illinois to be paid by the
9        Organizational Unit for the preceding school year
10        shall be added to the benefit investment. For any
11        fiscal year in which a school district organized under
12        Article 34 of this Code is responsible for paying the
13        employer normal cost of teacher pensions, then that
14        amount of its employer normal cost plus the amount for
15        retiree health insurance as certified by the Public
16        School Teachers' Pension and Retirement Fund of
17        Chicago to be paid by the school district for the
18        preceding school year that is statutorily required to
19        cover employer normal costs and the amount for retiree
20        health insurance shall be added to the 30% specified
21        in this subparagraph (U). The Teachers' Retirement
22        System of the State of Illinois and the Public School
23        Teachers' Pension and Retirement Fund of Chicago shall
24        submit such information as the State Superintendent
25        may require for the calculations set forth in this
26        subparagraph (U).

 

 

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1            (V) Additional investments in low-income students.
2        In addition to and not in lieu of all other funding
3        under this paragraph (2), each Organizational Unit
4        shall receive funding based on the average teacher
5        salary for grades K through 12 to cover the costs of:
6                (i) one FTE intervention teacher (tutor)
7            position for every 125 Low-Income Count students;
8                (ii) one FTE pupil support staff position for
9            every 125 Low-Income Count students;
10                (iii) one FTE extended day teacher position
11            for every 120 Low-Income Count students; and
12                (iv) one FTE summer school teacher position
13            for every 120 Low-Income Count students.
14            (W) Additional investments in English learner
15        students. In addition to and not in lieu of all other
16        funding under this paragraph (2), each Organizational
17        Unit shall receive funding based on the average
18        teacher salary for grades K through 12 to cover the
19        costs of:
20                (i) one FTE intervention teacher (tutor)
21            position for every 125 English learner students;
22                (ii) one FTE pupil support staff position for
23            every 125 English learner students;
24                (iii) one FTE extended day teacher position
25            for every 120 English learner students;
26                (iv) one FTE summer school teacher position

 

 

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1            for every 120 English learner students; and
2                (v) one FTE core teacher position for every
3            100 English learner students.
4            (X) Special education investments. Each
5        Organizational Unit shall receive funding based on the
6        average teacher salary for grades K through 12 to
7        cover special education as follows:
8                (i) one FTE teacher position for every 141
9            combined ASE of pre-kindergarten children with
10            disabilities and all kindergarten through grade 12
11            students;
12                (ii) one FTE instructional assistant for every
13            141 combined ASE of pre-kindergarten children with
14            disabilities and all kindergarten through grade 12
15            students; and
16                (iii) one FTE psychologist position for every
17            1,000 combined ASE of pre-kindergarten children
18            with disabilities and all kindergarten through
19            grade 12 students.
20        (3) For calculating the salaries included within the
21    Essential Elements, the State Superintendent shall
22    annually calculate average salaries to the nearest dollar
23    using the employment information system data maintained by
24    the State Board, limited to public schools only and
25    excluding special education and vocational cooperatives,
26    schools operated by the Department of Juvenile Justice,

 

 

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1    and charter schools, for the following positions:
2            (A) Teacher for grades K through 8.
3            (B) Teacher for grades 9 through 12.
4            (C) Teacher for grades K through 12.
5            (D) School counselor for grades K through 8.
6            (E) School counselor for grades 9 through 12.
7            (F) School counselor for grades K through 12.
8            (G) Social worker.
9            (H) Psychologist.
10            (I) Librarian.
11            (J) Nurse.
12            (K) Principal.
13            (L) Assistant principal.
14        For the purposes of this paragraph (3), "teacher"
15    includes core teachers, specialist and elective teachers,
16    instructional facilitators, tutors, special education
17    teachers, pupil support staff teachers, English learner
18    teachers, extended day teachers, and summer school
19    teachers. Where specific grade data is not required for
20    the Essential Elements, the average salary for
21    corresponding positions shall apply. For substitute
22    teachers, the average teacher salary for grades K through
23    12 shall apply.
24        For calculating the salaries included within the
25    Essential Elements for positions not included within EIS
26    Data, the following salaries shall be used in the first

 

 

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1    year of implementation of Evidence-Based Funding:
2            (i) school site staff, $30,000; and
3            (ii) non-instructional assistant, instructional
4        assistant, library aide, library media tech, or
5        supervisory aide: $25,000.
6        In the second and subsequent years of implementation
7    of Evidence-Based Funding, the amounts in items (i) and
8    (ii) of this paragraph (3) shall annually increase by the
9    ECI.
10        The salary amounts for the Essential Elements
11    determined pursuant to subparagraphs (A) through (L), (S)
12    and (T), and (V) through (X) of paragraph (2) of
13    subsection (b) of this Section shall be multiplied by a
14    Regionalization Factor.
15    (c) Local Capacity calculation.
16        (1) Each Organizational Unit's Local Capacity
17    represents an amount of funding it is assumed to
18    contribute toward its Adequacy Target for purposes of the
19    Evidence-Based Funding formula calculation. "Local
20    Capacity" means either (i) the Organizational Unit's Local
21    Capacity Target as calculated in accordance with paragraph
22    (2) of this subsection (c) if its Real Receipts are equal
23    to or less than its Local Capacity Target or (ii) the
24    Organizational Unit's Adjusted Local Capacity, as
25    calculated in accordance with paragraph (3) of this
26    subsection (c) if Real Receipts are more than its Local

 

 

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1    Capacity Target.
2        (2) "Local Capacity Target" means, for an
3    Organizational Unit, that dollar amount that is obtained
4    by multiplying its Adequacy Target by its Local Capacity
5    Ratio.
6            (A) An Organizational Unit's Local Capacity
7        Percentage is the conversion of the Organizational
8        Unit's Local Capacity Ratio, as such ratio is
9        determined in accordance with subparagraph (B) of this
10        paragraph (2), into a cumulative distribution
11        resulting in a percentile ranking to determine each
12        Organizational Unit's relative position to all other
13        Organizational Units in this State. The calculation of
14        Local Capacity Percentage is described in subparagraph
15        (C) of this paragraph (2).
16            (B) An Organizational Unit's Local Capacity Ratio
17        in a given year is the percentage obtained by dividing
18        its Adjusted EAV or PTELL EAV, whichever is less, by
19        its Adequacy Target, with the resulting ratio further
20        adjusted as follows:
21                (i) for Organizational Units serving grades
22            kindergarten through 12 and Hybrid Districts, no
23            further adjustments shall be made;
24                (ii) for Organizational Units serving grades
25            kindergarten through 8, the ratio shall be
26            multiplied by 9/13;

 

 

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1                (iii) for Organizational Units serving grades
2            9 through 12, the Local Capacity Ratio shall be
3            multiplied by 4/13; and
4                (iv) for an Organizational Unit with a
5            different grade configuration than those specified
6            in items (i) through (iii) of this subparagraph
7            (B), the State Superintendent shall determine a
8            comparable adjustment based on the grades served.
9            (C) The Local Capacity Percentage is equal to the
10        percentile ranking of the district. Local Capacity
11        Percentage converts each Organizational Unit's Local
12        Capacity Ratio to a cumulative distribution resulting
13        in a percentile ranking to determine each
14        Organizational Unit's relative position to all other
15        Organizational Units in this State. The Local Capacity
16        Percentage cumulative distribution resulting in a
17        percentile ranking for each Organizational Unit shall
18        be calculated using the standard normal distribution
19        of the score in relation to the weighted mean and
20        weighted standard deviation and Local Capacity Ratios
21        of all Organizational Units. If the value assigned to
22        any Organizational Unit is in excess of 90%, the value
23        shall be adjusted to 90%. For Laboratory Schools, the
24        Local Capacity Percentage shall be set at 10% in
25        recognition of the absence of EAV and resources from
26        the public university that are allocated to the

 

 

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1        Laboratory School. For programs operated by a regional
2        office of education or an intermediate service center,
3        the Local Capacity Percentage must be set at 10% in
4        recognition of the absence of EAV and resources from
5        school districts that are allocated to the regional
6        office of education or intermediate service center.
7        The weighted mean for the Local Capacity Percentage
8        shall be determined by multiplying each Organizational
9        Unit's Local Capacity Ratio times the ASE for the unit
10        creating a weighted value, summing the weighted values
11        of all Organizational Units, and dividing by the total
12        ASE of all Organizational Units. The weighted standard
13        deviation shall be determined by taking the square
14        root of the weighted variance of all Organizational
15        Units' Local Capacity Ratio, where the variance is
16        calculated by squaring the difference between each
17        unit's Local Capacity Ratio and the weighted mean,
18        then multiplying the variance for each unit times the
19        ASE for the unit to create a weighted variance for each
20        unit, then summing all units' weighted variance and
21        dividing by the total ASE of all units.
22            (D) For any Organizational Unit, the
23        Organizational Unit's Adjusted Local Capacity Target
24        shall be reduced by either (i) the school board's
25        remaining contribution pursuant to paragraph (ii) of
26        subsection (b-4) of Section 16-158 of the Illinois

 

 

HB3071- 90 -LRB103 30431 RJT 56861 b

1        Pension Code in a given year or (ii) the board of
2        education's remaining contribution pursuant to
3        paragraph (iv) of subsection (b) of Section 17-129 of
4        the Illinois Pension Code absent the employer normal
5        cost portion of the required contribution and amount
6        allowed pursuant to subdivision (3) of Section
7        17-142.1 of the Illinois Pension Code in a given year.
8        In the preceding sentence, item (i) shall be certified
9        to the State Board of Education by the Teachers'
10        Retirement System of the State of Illinois and item
11        (ii) shall be certified to the State Board of
12        Education by the Public School Teachers' Pension and
13        Retirement Fund of the City of Chicago.
14        (3) If an Organizational Unit's Real Receipts are more
15    than its Local Capacity Target, then its Local Capacity
16    shall equal an Adjusted Local Capacity Target as
17    calculated in accordance with this paragraph (3). The
18    Adjusted Local Capacity Target is calculated as the sum of
19    the Organizational Unit's Local Capacity Target and its
20    Real Receipts Adjustment. The Real Receipts Adjustment
21    equals the Organizational Unit's Real Receipts less its
22    Local Capacity Target, with the resulting figure
23    multiplied by the Local Capacity Percentage.
24        As used in this paragraph (3), "Real Percent of
25    Adequacy" means the sum of an Organizational Unit's Real
26    Receipts, CPPRT, and Base Funding Minimum, with the

 

 

HB3071- 91 -LRB103 30431 RJT 56861 b

1    resulting figure divided by the Organizational Unit's
2    Adequacy Target.
3    (d) Calculation of Real Receipts, EAV, and Adjusted EAV
4for purposes of the Local Capacity calculation.
5        (1) An Organizational Unit's Real Receipts are the
6    product of its Applicable Tax Rate and its Adjusted EAV.
7    An Organizational Unit's Applicable Tax Rate is its
8    Adjusted Operating Tax Rate for property within the
9    Organizational Unit.
10        (2) The State Superintendent shall calculate the
11    equalized assessed valuation, or EAV, of all taxable
12    property of each Organizational Unit as of September 30 of
13    the previous year in accordance with paragraph (3) of this
14    subsection (d). The State Superintendent shall then
15    determine the Adjusted EAV of each Organizational Unit in
16    accordance with paragraph (4) of this subsection (d),
17    which Adjusted EAV figure shall be used for the purposes
18    of calculating Local Capacity.
19        (3) To calculate Real Receipts and EAV, the Department
20    of Revenue shall supply to the State Superintendent the
21    value as equalized or assessed by the Department of
22    Revenue of all taxable property of every Organizational
23    Unit, together with (i) the applicable tax rate used in
24    extending taxes for the funds of the Organizational Unit
25    as of September 30 of the previous year and (ii) the
26    limiting rate for all Organizational Units subject to

 

 

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1    property tax extension limitations as imposed under PTELL.
2            (A) The Department of Revenue shall add to the
3        equalized assessed value of all taxable property of
4        each Organizational Unit situated entirely or
5        partially within a county that is or was subject to the
6        provisions of Section 15-176 or 15-177 of the Property
7        Tax Code (i) an amount equal to the total amount by
8        which the homestead exemption allowed under Section
9        15-176 or 15-177 of the Property Tax Code for real
10        property situated in that Organizational Unit exceeds
11        the total amount that would have been allowed in that
12        Organizational Unit if the maximum reduction under
13        Section 15-176 was (I) $4,500 in Cook County or $3,500
14        in all other counties in tax year 2003 or (II) $5,000
15        in all counties in tax year 2004 and thereafter and
16        (ii) an amount equal to the aggregate amount for the
17        taxable year of all additional exemptions under
18        Section 15-175 of the Property Tax Code for owners
19        with a household income of $30,000 or less. The county
20        clerk of any county that is or was subject to the
21        provisions of Section 15-176 or 15-177 of the Property
22        Tax Code shall annually calculate and certify to the
23        Department of Revenue for each Organizational Unit all
24        homestead exemption amounts under Section 15-176 or
25        15-177 of the Property Tax Code and all amounts of
26        additional exemptions under Section 15-175 of the

 

 

HB3071- 93 -LRB103 30431 RJT 56861 b

1        Property Tax Code for owners with a household income
2        of $30,000 or less. It is the intent of this
3        subparagraph (A) that if the general homestead
4        exemption for a parcel of property is determined under
5        Section 15-176 or 15-177 of the Property Tax Code
6        rather than Section 15-175, then the calculation of
7        EAV shall not be affected by the difference, if any,
8        between the amount of the general homestead exemption
9        allowed for that parcel of property under Section
10        15-176 or 15-177 of the Property Tax Code and the
11        amount that would have been allowed had the general
12        homestead exemption for that parcel of property been
13        determined under Section 15-175 of the Property Tax
14        Code. It is further the intent of this subparagraph
15        (A) that if additional exemptions are allowed under
16        Section 15-175 of the Property Tax Code for owners
17        with a household income of less than $30,000, then the
18        calculation of EAV shall not be affected by the
19        difference, if any, because of those additional
20        exemptions.
21            (B) With respect to any part of an Organizational
22        Unit within a redevelopment project area in respect to
23        which a municipality has adopted tax increment
24        allocation financing pursuant to the Tax Increment
25        Allocation Redevelopment Act, Division 74.4 of Article
26        11 of the Illinois Municipal Code, or the Industrial

 

 

HB3071- 94 -LRB103 30431 RJT 56861 b

1        Jobs Recovery Law, Division 74.6 of Article 11 of the
2        Illinois Municipal Code, no part of the current EAV of
3        real property located in any such project area that is
4        attributable to an increase above the total initial
5        EAV of such property shall be used as part of the EAV
6        of the Organizational Unit, until such time as all
7        redevelopment project costs have been paid, as
8        provided in Section 11-74.4-8 of the Tax Increment
9        Allocation Redevelopment Act or in Section 11-74.6-35
10        of the Industrial Jobs Recovery Law. For the purpose
11        of the EAV of the Organizational Unit, the total
12        initial EAV or the current EAV, whichever is lower,
13        shall be used until such time as all redevelopment
14        project costs have been paid.
15            (B-5) The real property equalized assessed
16        valuation for a school district shall be adjusted by
17        subtracting from the real property value, as equalized
18        or assessed by the Department of Revenue, for the
19        district an amount computed by dividing the amount of
20        any abatement of taxes under Section 18-170 of the
21        Property Tax Code by 3.00% for a district maintaining
22        grades kindergarten through 12, by 2.30% for a
23        district maintaining grades kindergarten through 8, or
24        by 1.05% for a district maintaining grades 9 through
25        12 and adjusted by an amount computed by dividing the
26        amount of any abatement of taxes under subsection (a)

 

 

HB3071- 95 -LRB103 30431 RJT 56861 b

1        of Section 18-165 of the Property Tax Code by the same
2        percentage rates for district type as specified in
3        this subparagraph (B-5).
4            (C) For Organizational Units that are Hybrid
5        Districts, the State Superintendent shall use the
6        lesser of the adjusted equalized assessed valuation
7        for property within the partial elementary unit
8        district for elementary purposes, as defined in
9        Article 11E of this Code, or the adjusted equalized
10        assessed valuation for property within the partial
11        elementary unit district for high school purposes, as
12        defined in Article 11E of this Code.
13            (D) If a school district's boundaries span
14        multiple counties, then the Department of Revenue
15        shall send to the State Board, for the purposes of
16        calculating Evidence-Based Funding, the limiting rate
17        and individual rates by purpose for the county that
18        contains the majority of the school district's
19        equalized assessed valuation.
20        (4) An Organizational Unit's Adjusted EAV shall be the
21    average of its EAV over the immediately preceding 3 years
22    or the lesser of its EAV in the immediately preceding year
23    or the average of its EAV over the immediately preceding 3
24    years if the EAV in the immediately preceding year has
25    declined by 10% or more when comparing the 2 most recent
26    years. In the event of Organizational Unit reorganization,

 

 

HB3071- 96 -LRB103 30431 RJT 56861 b

1    consolidation, or annexation, the Organizational Unit's
2    Adjusted EAV for the first 3 years after such change shall
3    be as follows: the most current EAV shall be used in the
4    first year, the average of a 2-year EAV or its EAV in the
5    immediately preceding year if the EAV declines by 10% or
6    more when comparing the 2 most recent years for the second
7    year, and the lesser of a 3-year average EAV or its EAV in
8    the immediately preceding year if the Adjusted EAV
9    declines by 10% or more when comparing the 2 most recent
10    years for the third year. For any school district whose
11    EAV in the immediately preceding year is used in
12    calculations, in the following year, the Adjusted EAV
13    shall be the average of its EAV over the immediately
14    preceding 2 years or the immediately preceding year if
15    that year represents a decline of 10% or more when
16    comparing the 2 most recent years.
17        "PTELL EAV" means a figure calculated by the State
18    Board for Organizational Units subject to PTELL as
19    described in this paragraph (4) for the purposes of
20    calculating an Organizational Unit's Local Capacity Ratio.
21    Except as otherwise provided in this paragraph (4), the
22    PTELL EAV of an Organizational Unit shall be equal to the
23    product of the equalized assessed valuation last used in
24    the calculation of general State aid under Section 18-8.05
25    of this Code (now repealed) or Evidence-Based Funding
26    under this Section and the Organizational Unit's Extension

 

 

HB3071- 97 -LRB103 30431 RJT 56861 b

1    Limitation Ratio. If an Organizational Unit has approved
2    or does approve an increase in its limiting rate, pursuant
3    to Section 18-190 of the Property Tax Code, affecting the
4    Base Tax Year, the PTELL EAV shall be equal to the product
5    of the equalized assessed valuation last used in the
6    calculation of general State aid under Section 18-8.05 of
7    this Code (now repealed) or Evidence-Based Funding under
8    this Section multiplied by an amount equal to one plus the
9    percentage increase, if any, in the Consumer Price Index
10    for All Urban Consumers for all items published by the
11    United States Department of Labor for the 12-month
12    calendar year preceding the Base Tax Year, plus the
13    equalized assessed valuation of new property, annexed
14    property, and recovered tax increment value and minus the
15    equalized assessed valuation of disconnected property.
16        As used in this paragraph (4), "new property" and
17    "recovered tax increment value" shall have the meanings
18    set forth in the Property Tax Extension Limitation Law.
19    (e) Base Funding Minimum calculation.
20        (1) For the 2017-2018 school year, the Base Funding
21    Minimum of an Organizational Unit or a Specially Funded
22    Unit shall be the amount of State funds distributed to the
23    Organizational Unit or Specially Funded Unit during the
24    2016-2017 school year prior to any adjustments and
25    specified appropriation amounts described in this
26    paragraph (1) from the following Sections, as calculated

 

 

HB3071- 98 -LRB103 30431 RJT 56861 b

1    by the State Superintendent: Section 18-8.05 of this Code
2    (now repealed); Section 5 of Article 224 of Public Act
3    99-524 (equity grants); Section 14-7.02b of this Code
4    (funding for children requiring special education
5    services); Section 14-13.01 of this Code (special
6    education facilities and staffing), except for
7    reimbursement of the cost of transportation pursuant to
8    Section 14-13.01; Section 14C-12 of this Code (English
9    learners); and Section 18-4.3 of this Code (summer
10    school), based on an appropriation level of $13,121,600.
11    For a school district organized under Article 34 of this
12    Code, the Base Funding Minimum also includes (i) the funds
13    allocated to the school district pursuant to Section 1D-1
14    of this Code attributable to funding programs authorized
15    by the Sections of this Code listed in the preceding
16    sentence and (ii) the difference between (I) the funds
17    allocated to the school district pursuant to Section 1D-1
18    of this Code attributable to the funding programs
19    authorized by Section 14-7.02 (non-public special
20    education reimbursement), subsection (b) of Section
21    14-13.01 (special education transportation), Section 29-5
22    (transportation), Section 2-3.80 (agricultural
23    education), Section 2-3.66 (truants' alternative
24    education), Section 2-3.62 (educational service centers),
25    and Section 14-7.03 (special education - orphanage) of
26    this Code and Section 15 of the Childhood Hunger Relief

 

 

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1    Act (free breakfast program) and (II) the school
2    district's actual expenditures for its non-public special
3    education, special education transportation,
4    transportation programs, agricultural education, truants'
5    alternative education, services that would otherwise be
6    performed by a regional office of education, special
7    education orphanage expenditures, and free breakfast, as
8    most recently calculated and reported pursuant to
9    subsection (f) of Section 1D-1 of this Code. The Base
10    Funding Minimum for Glenwood Academy shall be $625,500.
11    For programs operated by a regional office of education or
12    an intermediate service center, the Base Funding Minimum
13    must be the total amount of State funds allocated to those
14    programs in the 2018-2019 school year and amounts provided
15    pursuant to Article 34 of Public Act 100-586 and Section
16    3-16 of this Code. All programs established after June 5,
17    2019 (the effective date of Public Act 101-10) and
18    administered by a regional office of education or an
19    intermediate service center must have an initial Base
20    Funding Minimum set to an amount equal to the first-year
21    ASE multiplied by the amount of per pupil funding received
22    in the previous school year by the lowest funded similar
23    existing program type. If the enrollment for a program
24    operated by a regional office of education or an
25    intermediate service center is zero, then it may not
26    receive Base Funding Minimum funds for that program in the

 

 

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1    next fiscal year, and those funds must be distributed to
2    Organizational Units under subsection (g).
3        (2) For the 2018-2019 and subsequent school years, the
4    Base Funding Minimum of Organizational Units and Specially
5    Funded Units shall be the sum of (i) the amount of
6    Evidence-Based Funding for the prior school year, (ii) the
7    Base Funding Minimum for the prior school year, and (iii)
8    any amount received by a school district pursuant to
9    Section 7 of Article 97 of Public Act 100-21.
10        For the 2022-2023 school year, the Base Funding
11    Minimum of Organizational Units shall be the amounts
12    recalculated by the State Board of Education for Fiscal
13    Year 2019 through Fiscal Year 2022 that were necessary due
14    to average student enrollment errors for districts
15    organized under Article 34 of this Code, plus the Fiscal
16    Year 2022 property tax relief grants provided under
17    Section 2-3.170 of this Code, ensuring each Organizational
18    Unit has the correct amount of resources for Fiscal Year
19    2023 Evidence-Based Funding calculations and that Fiscal
20    Year 2023 Evidence-Based Funding Distributions are made in
21    accordance with this Section.
22        (3) Subject to approval by the General Assembly as
23    provided in this paragraph (3), an Organizational Unit
24    that meets all of the following criteria, as determined by
25    the State Board, shall have District Intervention Money
26    added to its Base Funding Minimum at the time the Base

 

 

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1    Funding Minimum is calculated by the State Board:
2            (A) The Organizational Unit is operating under an
3        Independent Authority under Section 2-3.25f-5 of this
4        Code for a minimum of 4 school years or is subject to
5        the control of the State Board pursuant to a court
6        order for a minimum of 4 school years.
7            (B) The Organizational Unit was designated as a
8        Tier 1 or Tier 2 Organizational Unit in the previous
9        school year under paragraph (3) of subsection (g) of
10        this Section.
11            (C) The Organizational Unit demonstrates
12        sustainability through a 5-year financial and
13        strategic plan.
14            (D) The Organizational Unit has made sufficient
15        progress and achieved sufficient stability in the
16        areas of governance, academic growth, and finances.
17        As part of its determination under this paragraph (3),
18    the State Board may consider the Organizational Unit's
19    summative designation, any accreditations of the
20    Organizational Unit, or the Organizational Unit's
21    financial profile, as calculated by the State Board.
22        If the State Board determines that an Organizational
23    Unit has met the criteria set forth in this paragraph (3),
24    it must submit a report to the General Assembly, no later
25    than January 2 of the fiscal year in which the State Board
26    makes it determination, on the amount of District

 

 

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1    Intervention Money to add to the Organizational Unit's
2    Base Funding Minimum. The General Assembly must review the
3    State Board's report and may approve or disapprove, by
4    joint resolution, the addition of District Intervention
5    Money. If the General Assembly fails to act on the report
6    within 40 calendar days from the receipt of the report,
7    the addition of District Intervention Money is deemed
8    approved. If the General Assembly approves the amount of
9    District Intervention Money to be added to the
10    Organizational Unit's Base Funding Minimum, the District
11    Intervention Money must be added to the Base Funding
12    Minimum annually thereafter.
13        For the first 4 years following the initial year that
14    the State Board determines that an Organizational Unit has
15    met the criteria set forth in this paragraph (3) and has
16    received funding under this Section, the Organizational
17    Unit must annually submit to the State Board, on or before
18    November 30, a progress report regarding its financial and
19    strategic plan under subparagraph (C) of this paragraph
20    (3). The plan shall include the financial data from the
21    past 4 annual financial reports or financial audits that
22    must be presented to the State Board by November 15 of each
23    year and the approved budget financial data for the
24    current year. The plan shall be developed according to the
25    guidelines presented to the Organizational Unit by the
26    State Board. The plan shall further include financial

 

 

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1    projections for the next 3 fiscal years and include a
2    discussion and financial summary of the Organizational
3    Unit's facility needs. If the Organizational Unit does not
4    demonstrate sufficient progress toward its 5-year plan or
5    if it has failed to file an annual financial report, an
6    annual budget, a financial plan, a deficit reduction plan,
7    or other financial information as required by law, the
8    State Board may establish a Financial Oversight Panel
9    under Article 1H of this Code. However, if the
10    Organizational Unit already has a Financial Oversight
11    Panel, the State Board may extend the duration of the
12    Panel.
13    (f) Percent of Adequacy and Final Resources calculation.
14        (1) The Evidence-Based Funding formula establishes a
15    Percent of Adequacy for each Organizational Unit in order
16    to place such units into tiers for the purposes of the
17    funding distribution system described in subsection (g) of
18    this Section. Initially, an Organizational Unit's
19    Preliminary Resources and Preliminary Percent of Adequacy
20    are calculated pursuant to paragraph (2) of this
21    subsection (f). Then, an Organizational Unit's Final
22    Resources and Final Percent of Adequacy are calculated to
23    account for the Organizational Unit's poverty
24    concentration levels pursuant to paragraphs (3) and (4) of
25    this subsection (f).
26        (2) An Organizational Unit's Preliminary Resources are

 

 

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1    equal to the sum of its Local Capacity Target, CPPRT, and
2    Base Funding Minimum. An Organizational Unit's Preliminary
3    Percent of Adequacy is the lesser of (i) its Preliminary
4    Resources divided by its Adequacy Target or (ii) 100%.
5        (3) Except for Specially Funded Units, an
6    Organizational Unit's Final Resources are equal to the sum
7    of its Local Capacity, CPPRT, and Adjusted Base Funding
8    Minimum. The Base Funding Minimum of each Specially Funded
9    Unit shall serve as its Final Resources, except that the
10    Base Funding Minimum for State-approved charter schools
11    shall not include any portion of general State aid
12    allocated in the prior year based on the per capita
13    tuition charge times the charter school enrollment.
14        (4) An Organizational Unit's Final Percent of Adequacy
15    is its Final Resources divided by its Adequacy Target. An
16    Organizational Unit's Adjusted Base Funding Minimum is
17    equal to its Base Funding Minimum less its Supplemental
18    Grant Funding, with the resulting figure added to the
19    product of its Supplemental Grant Funding and Preliminary
20    Percent of Adequacy.
21    (g) Evidence-Based Funding formula distribution system.
22        (1) In each school year under the Evidence-Based
23    Funding formula, each Organizational Unit receives funding
24    equal to the sum of its Base Funding Minimum and the unit's
25    allocation of New State Funds determined pursuant to this
26    subsection (g). To allocate New State Funds, the

 

 

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1    Evidence-Based Funding formula distribution system first
2    places all Organizational Units into one of 4 tiers in
3    accordance with paragraph (3) of this subsection (g),
4    based on the Organizational Unit's Final Percent of
5    Adequacy. New State Funds are allocated to each of the 4
6    tiers as follows: Tier 1 Aggregate Funding equals 50% of
7    all New State Funds, Tier 2 Aggregate Funding equals 49%
8    of all New State Funds, Tier 3 Aggregate Funding equals
9    0.9% of all New State Funds, and Tier 4 Aggregate Funding
10    equals 0.1% of all New State Funds. Each Organizational
11    Unit within Tier 1 or Tier 2 receives an allocation of New
12    State Funds equal to its tier Funding Gap, as defined in
13    the following sentence, multiplied by the tier's
14    Allocation Rate determined pursuant to paragraph (4) of
15    this subsection (g). For Tier 1, an Organizational Unit's
16    Funding Gap equals the tier's Target Ratio, as specified
17    in paragraph (5) of this subsection (g), multiplied by the
18    Organizational Unit's Adequacy Target, with the resulting
19    amount reduced by the Organizational Unit's Final
20    Resources. For Tier 2, an Organizational Unit's Funding
21    Gap equals the tier's Target Ratio, as described in
22    paragraph (5) of this subsection (g), multiplied by the
23    Organizational Unit's Adequacy Target, with the resulting
24    amount reduced by the Organizational Unit's Final
25    Resources and its Tier 1 funding allocation. To determine
26    the Organizational Unit's Funding Gap, the resulting

 

 

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1    amount is then multiplied by a factor equal to one minus
2    the Organizational Unit's Local Capacity Target
3    percentage. Each Organizational Unit within Tier 3 or Tier
4    4 receives an allocation of New State Funds equal to the
5    product of its Adequacy Target and the tier's Allocation
6    Rate, as specified in paragraph (4) of this subsection
7    (g).
8        (2) To ensure equitable distribution of dollars for
9    all Tier 2 Organizational Units, no Tier 2 Organizational
10    Unit shall receive fewer dollars per ASE than any Tier 3
11    Organizational Unit. Each Tier 2 and Tier 3 Organizational
12    Unit shall have its funding allocation divided by its ASE.
13    Any Tier 2 Organizational Unit with a funding allocation
14    per ASE below the greatest Tier 3 allocation per ASE shall
15    get a funding allocation equal to the greatest Tier 3
16    funding allocation per ASE multiplied by the
17    Organizational Unit's ASE. Each Tier 2 Organizational
18    Unit's Tier 2 funding allocation shall be multiplied by
19    the percentage calculated by dividing the original Tier 2
20    Aggregate Funding by the sum of all Tier 2 Organizational
21    Units' Tier 2 funding allocation after adjusting
22    districts' funding below Tier 3 levels.
23        (3) Organizational Units are placed into one of 4
24    tiers as follows:
25            (A) Tier 1 consists of all Organizational Units,
26        except for Specially Funded Units, with a Percent of

 

 

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1        Adequacy less than the Tier 1 Target Ratio. The Tier 1
2        Target Ratio is the ratio level that allows for Tier 1
3        Aggregate Funding to be distributed, with the Tier 1
4        Allocation Rate determined pursuant to paragraph (4)
5        of this subsection (g).
6            (B) Tier 2 consists of all Tier 1 Units and all
7        other Organizational Units, except for Specially
8        Funded Units, with a Percent of Adequacy of less than
9        0.90.
10            (C) Tier 3 consists of all Organizational Units,
11        except for Specially Funded Units, with a Percent of
12        Adequacy of at least 0.90 and less than 1.0.
13            (D) Tier 4 consists of all Organizational Units
14        with a Percent of Adequacy of at least 1.0.
15        (4) The Allocation Rates for Tiers 1 through 4 are
16    determined as follows:
17            (A) The Tier 1 Allocation Rate is 30%.
18            (B) The Tier 2 Allocation Rate is the result of the
19        following equation: Tier 2 Aggregate Funding, divided
20        by the sum of the Funding Gaps for all Tier 2
21        Organizational Units, unless the result of such
22        equation is higher than 1.0. If the result of such
23        equation is higher than 1.0, then the Tier 2
24        Allocation Rate is 1.0.
25            (C) The Tier 3 Allocation Rate is the result of the
26        following equation: Tier 3 Aggregate Funding, divided

 

 

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1        by the sum of the Adequacy Targets of all Tier 3
2        Organizational Units.
3            (D) The Tier 4 Allocation Rate is the result of the
4        following equation: Tier 4 Aggregate Funding, divided
5        by the sum of the Adequacy Targets of all Tier 4
6        Organizational Units.
7        (5) A tier's Target Ratio is determined as follows:
8            (A) The Tier 1 Target Ratio is the ratio level that
9        allows for Tier 1 Aggregate Funding to be distributed
10        with the Tier 1 Allocation Rate.
11            (B) The Tier 2 Target Ratio is 0.90.
12            (C) The Tier 3 Target Ratio is 1.0.
13        (6) If, at any point, the Tier 1 Target Ratio is
14    greater than 90%, then all Tier 1 funding shall be
15    allocated to Tier 2 and no Tier 1 Organizational Unit's
16    funding may be identified.
17        (7) In the event that all Tier 2 Organizational Units
18    receive funding at the Tier 2 Target Ratio level, any
19    remaining New State Funds shall be allocated to Tier 3 and
20    Tier 4 Organizational Units.
21        (8) If any Specially Funded Units, excluding Glenwood
22    Academy, recognized by the State Board do not qualify for
23    direct funding following the implementation of Public Act
24    100-465 from any of the funding sources included within
25    the definition of Base Funding Minimum, the unqualified
26    portion of the Base Funding Minimum shall be transferred

 

 

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1    to one or more appropriate Organizational Units as
2    determined by the State Superintendent based on the prior
3    year ASE of the Organizational Units.
4        (8.5) If a school district withdraws from a special
5    education cooperative, the portion of the Base Funding
6    Minimum that is attributable to the school district may be
7    redistributed to the school district upon withdrawal. The
8    school district and the cooperative must include the
9    amount of the Base Funding Minimum that is to be
10    reapportioned in their withdrawal agreement and notify the
11    State Board of the change with a copy of the agreement upon
12    withdrawal.
13        (9) The Minimum Funding Level is intended to establish
14    a target for State funding that will keep pace with
15    inflation and continue to advance equity through the
16    Evidence-Based Funding formula. The target for State
17    funding of New Property Tax Relief Pool Funds is
18    $50,000,000 for State fiscal year 2019 and subsequent
19    State fiscal years. The Minimum Funding Level is equal to
20    $350,000,000. In addition to any New State Funds, no more
21    than $50,000,000 New Property Tax Relief Pool Funds may be
22    counted toward the Minimum Funding Level. If the sum of
23    New State Funds and applicable New Property Tax Relief
24    Pool Funds are less than the Minimum Funding Level, than
25    funding for tiers shall be reduced in the following
26    manner:

 

 

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1            (A) First, Tier 4 funding shall be reduced by an
2        amount equal to the difference between the Minimum
3        Funding Level and New State Funds until such time as
4        Tier 4 funding is exhausted.
5            (B) Next, Tier 3 funding shall be reduced by an
6        amount equal to the difference between the Minimum
7        Funding Level and New State Funds and the reduction in
8        Tier 4 funding until such time as Tier 3 funding is
9        exhausted.
10            (C) Next, Tier 2 funding shall be reduced by an
11        amount equal to the difference between the Minimum
12        Funding Level and New State Funds and the reduction in
13        Tier 4 and Tier 3.
14            (D) Finally, Tier 1 funding shall be reduced by an
15        amount equal to the difference between the Minimum
16        Funding level and New State Funds and the reduction in
17        Tier 2, 3, and 4 funding. In addition, the Allocation
18        Rate for Tier 1 shall be reduced to a percentage equal
19        to the Tier 1 Allocation Rate set by paragraph (4) of
20        this subsection (g), multiplied by the result of New
21        State Funds divided by the Minimum Funding Level.
22        (9.5) For State fiscal year 2019 and subsequent State
23    fiscal years, if New State Funds exceed $300,000,000, then
24    any amount in excess of $300,000,000 shall be dedicated
25    for purposes of Section 2-3.170 of this Code up to a
26    maximum of $50,000,000.

 

 

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1        (10) In the event of a decrease in the amount of the
2    appropriation for this Section in any fiscal year after
3    implementation of this Section, the Organizational Units
4    receiving Tier 1 and Tier 2 funding, as determined under
5    paragraph (3) of this subsection (g), shall be held
6    harmless by establishing a Base Funding Guarantee equal to
7    the per pupil kindergarten through grade 12 funding
8    received in accordance with this Section in the prior
9    fiscal year. Reductions shall be made to the Base Funding
10    Minimum of Organizational Units in Tier 3 and Tier 4 on a
11    per pupil basis equivalent to the total number of the ASE
12    in Tier 3-funded and Tier 4-funded Organizational Units
13    divided by the total reduction in State funding. The Base
14    Funding Minimum as reduced shall continue to be applied to
15    Tier 3 and Tier 4 Organizational Units and adjusted by the
16    relative formula when increases in appropriations for this
17    Section resume. In no event may State funding reductions
18    to Organizational Units in Tier 3 or Tier 4 exceed an
19    amount that would be less than the Base Funding Minimum
20    established in the first year of implementation of this
21    Section. If additional reductions are required, all school
22    districts shall receive a reduction by a per pupil amount
23    equal to the aggregate additional appropriation reduction
24    divided by the total ASE of all Organizational Units.
25        (11) The State Superintendent shall make minor
26    adjustments to the distribution formula set forth in this

 

 

HB3071- 112 -LRB103 30431 RJT 56861 b

1    subsection (g) to account for the rounding of percentages
2    to the nearest tenth of a percentage and dollar amounts to
3    the nearest whole dollar.
4    (h) State Superintendent administration of funding and
5district submission requirements.
6        (1) The State Superintendent shall, in accordance with
7    appropriations made by the General Assembly, meet the
8    funding obligations created under this Section.
9        (2) The State Superintendent shall calculate the
10    Adequacy Target for each Organizational Unit under this
11    Section. No Evidence-Based Funding shall be distributed
12    within an Organizational Unit without the approval of the
13    unit's school board.
14        (3) Annually, the State Superintendent shall calculate
15    and report to each Organizational Unit the unit's
16    aggregate financial adequacy amount, which shall be the
17    sum of the Adequacy Target for each Organizational Unit.
18    The State Superintendent shall calculate and report
19    separately for each Organizational Unit the unit's total
20    State funds allocated for its students with disabilities.
21    The State Superintendent shall calculate and report
22    separately for each Organizational Unit the amount of
23    funding and applicable FTE calculated for each Essential
24    Element of the unit's Adequacy Target.
25        (4) Annually, the State Superintendent shall calculate
26    and report to each Organizational Unit the amount the unit

 

 

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1    must expend on special education and bilingual education
2    and computer technology and equipment for Organizational
3    Units assigned to Tier 1 or Tier 2 that received an
4    additional $285.50 per student computer technology and
5    equipment investment grant to their Adequacy Target
6    pursuant to the unit's Base Funding Minimum, Special
7    Education Allocation, Bilingual Education Allocation, and
8    computer technology and equipment investment allocation.
9        (5) Moneys distributed under this Section shall be
10    calculated on a school year basis, but paid on a fiscal
11    year basis, with payments beginning in August and
12    extending through June. Unless otherwise provided, the
13    moneys appropriated for each fiscal year shall be
14    distributed in 22 equal payments at least 2 times monthly
15    to each Organizational Unit. If moneys appropriated for
16    any fiscal year are distributed other than monthly, the
17    distribution shall be on the same basis for each
18    Organizational Unit.
19        (6) Any school district that fails, for any given
20    school year, to maintain school as required by law or to
21    maintain a recognized school is not eligible to receive
22    Evidence-Based Funding. In case of non-recognition of one
23    or more attendance centers in a school district otherwise
24    operating recognized schools, the claim of the district
25    shall be reduced in the proportion that the enrollment in
26    the attendance center or centers bears to the enrollment

 

 

HB3071- 114 -LRB103 30431 RJT 56861 b

1    of the school district. "Recognized school" means any
2    public school that meets the standards for recognition by
3    the State Board. A school district or attendance center
4    not having recognition status at the end of a school term
5    is entitled to receive State aid payments due upon a legal
6    claim that was filed while it was recognized.
7        (7) School district claims filed under this Section
8    are subject to Sections 18-9 and 18-12 of this Code,
9    except as otherwise provided in this Section.
10        (8) Each fiscal year, the State Superintendent shall
11    calculate for each Organizational Unit an amount of its
12    Base Funding Minimum and Evidence-Based Funding that shall
13    be deemed attributable to the provision of special
14    educational facilities and services, as defined in Section
15    14-1.08 of this Code, in a manner that ensures compliance
16    with maintenance of State financial support requirements
17    under the federal Individuals with Disabilities Education
18    Act. An Organizational Unit must use such funds only for
19    the provision of special educational facilities and
20    services, as defined in Section 14-1.08 of this Code, and
21    must comply with any expenditure verification procedures
22    adopted by the State Board.
23        (9) All Organizational Units in this State must submit
24    annual spending plans, as part of the budget submission
25    process, no later than October 31 of each year to the State
26    Board. The spending plan by the end of September of each

 

 

HB3071- 115 -LRB103 30431 RJT 56861 b

1    year to the State Board as part of the annual budget
2    process, which shall describe how each Organizational Unit
3    will utilize the Base Funding Minimum and Evidence-Based
4    Funding it receives from this State under this Section
5    with specific identification of the intended utilization
6    of Low-Income, English learner, and special education
7    resources. Additionally, the annual spending plans of each
8    Organizational Unit shall describe how the Organizational
9    Unit expects to achieve student growth and how the
10    Organizational Unit will achieve State education goals, as
11    defined by the State Board. The State Superintendent may,
12    from time to time, identify additional requisites for
13    Organizational Units to satisfy when compiling the annual
14    spending plans required under this subsection (h). The
15    format and scope of annual spending plans shall be
16    developed by the State Superintendent and the State Board
17    of Education. School districts that serve students under
18    Article 14C of this Code shall continue to submit
19    information as required under Section 14C-12 of this Code.
20        (10) No later than January 1, 2018, the State
21    Superintendent shall develop a 5-year strategic plan for
22    all Organizational Units to help in planning for adequacy
23    funding under this Section. The State Superintendent shall
24    submit the plan to the Governor and the General Assembly,
25    as provided in Section 3.1 of the General Assembly
26    Organization Act. The plan shall include recommendations

 

 

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1    for:
2            (A) a framework for collaborative, professional,
3        innovative, and 21st century learning environments
4        using the Evidence-Based Funding model;
5            (B) ways to prepare and support this State's
6        educators for successful instructional careers;
7            (C) application and enhancement of the current
8        financial accountability measures, the approved State
9        plan to comply with the federal Every Student Succeeds
10        Act, and the Illinois Balanced Accountability Measures
11        in relation to student growth and elements of the
12        Evidence-Based Funding model; and
13            (D) implementation of an effective school adequacy
14        funding system based on projected and recommended
15        funding levels from the General Assembly.
16        (11) On an annual basis, the State Superintendent must
17    recalibrate all of the following per pupil elements of the
18    Adequacy Target and applied to the formulas, based on the
19    study of average expenses and as reported in the most
20    recent annual financial report:
21            (A) Gifted under subparagraph (M) of paragraph (2)
22        of subsection (b).
23            (B) Instructional materials under subparagraph (O)
24        of paragraph (2) of subsection (b).
25            (C) Assessment under subparagraph (P) of paragraph
26        (2) of subsection (b).

 

 

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1            (D) Student activities under subparagraph (R) of
2        paragraph (2) of subsection (b).
3            (E) Maintenance and operations under subparagraph
4        (S) of paragraph (2) of subsection (b).
5            (F) Central office under subparagraph (T) of
6        paragraph (2) of subsection (b).
7    (i) Professional Review Panel.
8        (1) A Professional Review Panel is created to study
9    and review topics related to the implementation and effect
10    of Evidence-Based Funding, as assigned by a joint
11    resolution or Public Act of the General Assembly or a
12    motion passed by the State Board of Education. The Panel
13    must provide recommendations to and serve the Governor,
14    the General Assembly, and the State Board. The State
15    Superintendent or his or her designee must serve as a
16    voting member and chairperson of the Panel. The State
17    Superintendent must appoint a vice chairperson from the
18    membership of the Panel. The Panel must advance
19    recommendations based on a three-fifths majority vote of
20    Panel members present and voting. A minority opinion may
21    also accompany any recommendation of the Panel. The Panel
22    shall be appointed by the State Superintendent, except as
23    otherwise provided in paragraph (2) of this subsection (i)
24    and include the following members:
25            (A) Two appointees that represent district
26        superintendents, recommended by a statewide

 

 

HB3071- 118 -LRB103 30431 RJT 56861 b

1        organization that represents district superintendents.
2            (B) Two appointees that represent school boards,
3        recommended by a statewide organization that
4        represents school boards.
5            (C) Two appointees from districts that represent
6        school business officials, recommended by a statewide
7        organization that represents school business
8        officials.
9            (D) Two appointees that represent school
10        principals, recommended by a statewide organization
11        that represents school principals.
12            (E) Two appointees that represent teachers,
13        recommended by a statewide organization that
14        represents teachers.
15            (F) Two appointees that represent teachers,
16        recommended by another statewide organization that
17        represents teachers.
18            (G) Two appointees that represent regional
19        superintendents of schools, recommended by
20        organizations that represent regional superintendents.
21            (H) Two independent experts selected solely by the
22        State Superintendent.
23            (I) Two independent experts recommended by public
24        universities in this State.
25            (J) One member recommended by a statewide
26        organization that represents parents.

 

 

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1            (K) Two representatives recommended by collective
2        impact organizations that represent major metropolitan
3        areas or geographic areas in Illinois.
4            (L) One member from a statewide organization
5        focused on research-based education policy to support
6        a school system that prepares all students for
7        college, a career, and democratic citizenship.
8            (M) One representative from a school district
9        organized under Article 34 of this Code.
10        The State Superintendent shall ensure that the
11    membership of the Panel includes representatives from
12    school districts and communities reflecting the
13    geographic, socio-economic, racial, and ethnic diversity
14    of this State. The State Superintendent shall additionally
15    ensure that the membership of the Panel includes
16    representatives with expertise in bilingual education and
17    special education. Staff from the State Board shall staff
18    the Panel.
19        (2) In addition to those Panel members appointed by
20    the State Superintendent, 4 members of the General
21    Assembly shall be appointed as follows: one member of the
22    House of Representatives appointed by the Speaker of the
23    House of Representatives, one member of the Senate
24    appointed by the President of the Senate, one member of
25    the House of Representatives appointed by the Minority
26    Leader of the House of Representatives, and one member of

 

 

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1    the Senate appointed by the Minority Leader of the Senate.
2    There shall be one additional member appointed by the
3    Governor. All members appointed by legislative leaders or
4    the Governor shall be non-voting, ex officio members.
5        (3) The Panel must study topics at the direction of
6    the General Assembly or State Board of Education, as
7    provided under paragraph (1). The Panel may also study the
8    following topics at the direction of the chairperson:
9            (A) The format and scope of annual spending plans
10        referenced in paragraph (9) of subsection (h) of this
11        Section.
12            (B) The Comparable Wage Index under this Section.
13            (C) Maintenance and operations, including capital
14        maintenance and construction costs.
15            (D) "At-risk student" definition.
16            (E) Benefits.
17            (F) Technology.
18            (G) Local Capacity Target.
19            (H) Funding for Alternative Schools, Laboratory
20        Schools, safe schools, and alternative learning
21        opportunities programs.
22            (I) Funding for college and career acceleration
23        strategies.
24            (J) Special education investments.
25            (K) Early childhood investments, in collaboration
26        with the Illinois Early Learning Council.

 

 

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1        (4) (Blank).
2        (5) Within 5 years after the implementation of this
3    Section, and every 5 years thereafter, the Panel shall
4    complete an evaluative study of the entire Evidence-Based
5    Funding model, including an assessment of whether or not
6    the formula is achieving State goals. The Panel shall
7    report to the State Board, the General Assembly, and the
8    Governor on the findings of the study.
9        (6) (Blank).
10        (7) To ensure that (i) the Adequacy Target calculation
11    under subsection (b) accurately reflects the needs of
12    students living in poverty or attending schools located in
13    areas of high poverty, (ii) racial equity within the
14    Evidence-Based Funding formula is explicitly explored and
15    advanced, and (iii) the funding goals of the formula
16    distribution system established under this Section are
17    sufficient to provide adequate funding for every student
18    and to fully fund every school in this State, the Panel
19    shall review the Essential Elements under paragraph (2) of
20    subsection (b). The Panel shall consider all of the
21    following in its review:
22            (A) The financial ability of school districts to
23        provide instruction in a foreign language to every
24        student and whether an additional Essential Element
25        should be added to the formula to ensure that every
26        student has access to instruction in a foreign

 

 

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1        language.
2            (B) The adult-to-student ratio for each Essential
3        Element in which a ratio is identified. The Panel
4        shall consider whether the ratio accurately reflects
5        the staffing needed to support students living in
6        poverty or who have traumatic backgrounds.
7            (C) Changes to the Essential Elements that may be
8        required to better promote racial equity and eliminate
9        structural racism within schools.
10            (D) The impact of investing $350,000,000 in
11        additional funds each year under this Section and an
12        estimate of when the school system will become fully
13        funded under this level of appropriation.
14            (E) Provide an overview of alternative funding
15        structures that would enable the State to become fully
16        funded at an earlier date.
17            (F) The potential to increase efficiency and to
18        find cost savings within the school system to expedite
19        the journey to a fully funded system.
20            (G) The appropriate levels for reenrolling and
21        graduating high-risk high school students who have
22        been previously out of school. These outcomes shall
23        include enrollment, attendance, skill gains, credit
24        gains, graduation or promotion to the next grade
25        level, and the transition to college, training, or
26        employment, with an emphasis on progressively

 

 

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1        increasing the overall attendance.
2            (H) The evidence-based or research-based practices
3        that are shown to reduce the gaps and disparities
4        experienced by African American students in academic
5        achievement and educational performance, including
6        practices that have been shown to reduce disparities
7        in disciplinary rates, drop-out rates, graduation
8        rates, college matriculation rates, and college
9        completion rates.
10        On or before December 31, 2021, the Panel shall report
11    to the State Board, the General Assembly, and the Governor
12    on the findings of its review. This paragraph (7) is
13    inoperative on and after July 1, 2022.
14    (j) References. Beginning July 1, 2017, references in
15other laws to general State aid funds or calculations under
16Section 18-8.05 of this Code (now repealed) shall be deemed to
17be references to evidence-based model formula funds or
18calculations under this Section.
19(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
20101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
216-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21;
22102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff.
235-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
 
24    (105 ILCS 5/22-30)
25    Sec. 22-30. Self-administration and self-carry of asthma

 

 

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1medication and epinephrine injectors; administration of
2undesignated epinephrine injectors; administration of an
3opioid antagonist; administration of undesignated asthma
4medication; asthma episode emergency response protocol.
5    (a) For the purpose of this Section only, the following
6terms shall have the meanings set forth below:
7    "Asthma action plan" means a written plan developed with a
8pupil's medical provider to help control the pupil's asthma.
9The goal of an asthma action plan is to reduce or prevent
10flare-ups and emergency department visits through day-to-day
11management and to serve as a student-specific document to be
12referenced in the event of an asthma episode.
13    "Asthma episode emergency response protocol" means a
14procedure to provide assistance to a pupil experiencing
15symptoms of wheezing, coughing, shortness of breath, chest
16tightness, or breathing difficulty.
17    "Epinephrine injector" includes an auto-injector approved
18by the United States Food and Drug Administration for the
19administration of epinephrine and a pre-filled syringe
20approved by the United States Food and Drug Administration and
21used for the administration of epinephrine that contains a
22pre-measured dose of epinephrine that is equivalent to the
23dosages used in an auto-injector.
24    "Asthma medication" means quick-relief asthma medication,
25including albuterol or other short-acting bronchodilators,
26that is approved by the United States Food and Drug

 

 

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1Administration for the treatment of respiratory distress.
2"Asthma medication" includes medication delivered through a
3device, including a metered dose inhaler with a reusable or
4disposable spacer or a nebulizer with a mouthpiece or mask.
5    "Opioid antagonist" means a drug that binds to opioid
6receptors and blocks or inhibits the effect of opioids acting
7on those receptors, including, but not limited to, naloxone
8hydrochloride or any other similarly acting drug approved by
9the U.S. Food and Drug Administration.
10    "Respiratory distress" means the perceived or actual
11presence of wheezing, coughing, shortness of breath, chest
12tightness, breathing difficulty, or any other symptoms
13consistent with asthma. Respiratory distress may be
14categorized as "mild-to-moderate" or "severe".
15    "School nurse" means a registered nurse working in a
16school with or without licensure endorsed in school nursing.
17    "Self-administration" means a pupil's discretionary use of
18his or her prescribed asthma medication or epinephrine
19injector.
20    "Self-carry" means a pupil's ability to carry his or her
21prescribed asthma medication or epinephrine injector.
22    "Standing protocol" may be issued by (i) a physician
23licensed to practice medicine in all its branches, (ii) a
24licensed physician assistant with prescriptive authority, or
25(iii) a licensed advanced practice registered nurse with
26prescriptive authority.

 

 

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1    "Trained personnel" means any school employee or volunteer
2personnel authorized in Sections 10-22.34, 10-22.34a, and
310-22.34b of this Code who has completed training under
4subsection (g) of this Section to recognize and respond to
5anaphylaxis, an opioid overdose, or respiratory distress.
6    "Undesignated asthma medication" means asthma medication
7prescribed in the name of a school district, public school,
8charter school, or nonpublic school.
9    "Undesignated epinephrine injector" means an epinephrine
10injector prescribed in the name of a school district, public
11school, charter school, or nonpublic school.
12    (b) A school, whether public, charter, or nonpublic, must
13permit the self-administration and self-carry of asthma
14medication by a pupil with asthma or the self-administration
15and self-carry of an epinephrine injector by a pupil, provided
16that:
17        (1) the parents or guardians of the pupil provide to
18    the school (i) written authorization from the parents or
19    guardians for (A) the self-administration and self-carry
20    of asthma medication or (B) the self-carry of asthma
21    medication or (ii) for (A) the self-administration and
22    self-carry of an epinephrine injector or (B) the
23    self-carry of an epinephrine injector, written
24    authorization from the pupil's physician, physician
25    assistant, or advanced practice registered nurse; and
26        (2) the parents or guardians of the pupil provide to

 

 

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1    the school (i) the prescription label, which must contain
2    the name of the asthma medication, the prescribed dosage,
3    and the time at which or circumstances under which the
4    asthma medication is to be administered, or (ii) for the
5    self-administration or self-carry of an epinephrine
6    injector, a written statement from the pupil's physician,
7    physician assistant, or advanced practice registered nurse
8    containing the following information:
9            (A) the name and purpose of the epinephrine
10        injector;
11            (B) the prescribed dosage; and
12            (C) the time or times at which or the special
13        circumstances under which the epinephrine injector is
14        to be administered.
15The information provided shall be kept on file in the office of
16the school nurse or, in the absence of a school nurse, the
17school's administrator.
18    (b-5) A school district, public school, charter school, or
19nonpublic school may authorize the provision of a
20student-specific or undesignated epinephrine injector to a
21student or any personnel authorized under a student's
22Individual Health Care Action Plan, allergy emergency action
23plan Illinois Food Allergy Emergency Action Plan and Treatment
24Authorization Form, or plan pursuant to Section 504 of the
25federal Rehabilitation Act of 1973 to administer an
26epinephrine injector to the student, that meets the student's

 

 

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1prescription on file.
2    (b-10) The school district, public school, charter school,
3or nonpublic school may authorize a school nurse or trained
4personnel to do the following: (i) provide an undesignated
5epinephrine injector to a student for self-administration only
6or any personnel authorized under a student's Individual
7Health Care Action Plan, Illinois Food Allergy Emergency
8Action Plan and Treatment Authorization Form, plan pursuant to
9Section 504 of the federal Rehabilitation Act of 1973, or
10individualized education program plan to administer to the
11student that meets the student's prescription on file; (ii)
12administer an undesignated epinephrine injector that meets the
13prescription on file to any student who has an Individual
14Health Care Action Plan, allergy emergency action plan
15Illinois Food Allergy Emergency Action Plan and Treatment
16Authorization Form, plan pursuant to Section 504 of the
17federal Rehabilitation Act of 1973, or individualized
18education program plan that authorizes the use of an
19epinephrine injector; (iii) administer an undesignated
20epinephrine injector to any person that the school nurse or
21trained personnel in good faith believes is having an
22anaphylactic reaction; (iv) administer an opioid antagonist to
23any person that the school nurse or trained personnel in good
24faith believes is having an opioid overdose; (v) provide
25undesignated asthma medication to a student for
26self-administration only or to any personnel authorized under

 

 

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1a student's Individual Health Care Action Plan or asthma
2action plan, plan pursuant to Section 504 of the federal
3Rehabilitation Act of 1973, or individualized education
4program plan to administer to the student that meets the
5student's prescription on file; (vi) administer undesignated
6asthma medication that meets the prescription on file to any
7student who has an Individual Health Care Action Plan or
8asthma action plan, plan pursuant to Section 504 of the
9federal Rehabilitation Act of 1973, or individualized
10education program plan that authorizes the use of asthma
11medication; and (vii) administer undesignated asthma
12medication to any person that the school nurse or trained
13personnel believes in good faith is having respiratory
14distress.
15    (c) The school district, public school, charter school, or
16nonpublic school must inform the parents or guardians of the
17pupil, in writing, that the school district, public school,
18charter school, or nonpublic school and its employees and
19agents, including a physician, physician assistant, or
20advanced practice registered nurse providing standing protocol
21and a prescription for school epinephrine injectors, an opioid
22antagonist, or undesignated asthma medication, are to incur no
23liability or professional discipline, except for willful and
24wanton conduct, as a result of any injury arising from the
25administration of asthma medication, an epinephrine injector,
26or an opioid antagonist regardless of whether authorization

 

 

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1was given by the pupil's parents or guardians or by the pupil's
2physician, physician assistant, or advanced practice
3registered nurse. The parents or guardians of the pupil must
4sign a statement acknowledging that the school district,
5public school, charter school, or nonpublic school and its
6employees and agents are to incur no liability, except for
7willful and wanton conduct, as a result of any injury arising
8from the administration of asthma medication, an epinephrine
9injector, or an opioid antagonist regardless of whether
10authorization was given by the pupil's parents or guardians or
11by the pupil's physician, physician assistant, or advanced
12practice registered nurse and that the parents or guardians
13must indemnify and hold harmless the school district, public
14school, charter school, or nonpublic school and its employees
15and agents against any claims, except a claim based on willful
16and wanton conduct, arising out of the administration of
17asthma medication, an epinephrine injector, or an opioid
18antagonist regardless of whether authorization was given by
19the pupil's parents or guardians or by the pupil's physician,
20physician assistant, or advanced practice registered nurse.
21    (c-5) When a school nurse or trained personnel administers
22an undesignated epinephrine injector to a person whom the
23school nurse or trained personnel in good faith believes is
24having an anaphylactic reaction, administers an opioid
25antagonist to a person whom the school nurse or trained
26personnel in good faith believes is having an opioid overdose,

 

 

HB3071- 131 -LRB103 30431 RJT 56861 b

1or administers undesignated asthma medication to a person whom
2the school nurse or trained personnel in good faith believes
3is having respiratory distress, notwithstanding the lack of
4notice to the parents or guardians of the pupil or the absence
5of the parents or guardians signed statement acknowledging no
6liability, except for willful and wanton conduct, the school
7district, public school, charter school, or nonpublic school
8and its employees and agents, and a physician, a physician
9assistant, or an advanced practice registered nurse providing
10standing protocol and a prescription for undesignated
11epinephrine injectors, an opioid antagonist, or undesignated
12asthma medication, are to incur no liability or professional
13discipline, except for willful and wanton conduct, as a result
14of any injury arising from the use of an undesignated
15epinephrine injector, the use of an opioid antagonist, or the
16use of undesignated asthma medication, regardless of whether
17authorization was given by the pupil's parents or guardians or
18by the pupil's physician, physician assistant, or advanced
19practice registered nurse.
20    (d) The permission for self-administration and self-carry
21of asthma medication or the self-administration and self-carry
22of an epinephrine injector is effective for the school year
23for which it is granted and shall be renewed each subsequent
24school year upon fulfillment of the requirements of this
25Section.
26    (e) Provided that the requirements of this Section are

 

 

HB3071- 132 -LRB103 30431 RJT 56861 b

1fulfilled, a pupil with asthma may self-administer and
2self-carry his or her asthma medication or a pupil may
3self-administer and self-carry an epinephrine injector (i)
4while in school, (ii) while at a school-sponsored activity,
5(iii) while under the supervision of school personnel, or (iv)
6before or after normal school activities, such as while in
7before-school or after-school care on school-operated property
8or while being transported on a school bus.
9    (e-5) Provided that the requirements of this Section are
10fulfilled, a school nurse or trained personnel may administer
11an undesignated epinephrine injector to any person whom the
12school nurse or trained personnel in good faith believes to be
13having an anaphylactic reaction (i) while in school, (ii)
14while at a school-sponsored activity, (iii) while under the
15supervision of school personnel, or (iv) before or after
16normal school activities, such as while in before-school or
17after-school care on school-operated property or while being
18transported on a school bus. A school nurse or trained
19personnel may carry undesignated epinephrine injectors on his
20or her person while in school or at a school-sponsored
21activity.
22    (e-10) Provided that the requirements of this Section are
23fulfilled, a school nurse or trained personnel may administer
24an opioid antagonist to any person whom the school nurse or
25trained personnel in good faith believes to be having an
26opioid overdose (i) while in school, (ii) while at a

 

 

HB3071- 133 -LRB103 30431 RJT 56861 b

1school-sponsored activity, (iii) while under the supervision
2of school personnel, or (iv) before or after normal school
3activities, such as while in before-school or after-school
4care on school-operated property. A school nurse or trained
5personnel may carry an opioid antagonist on his or her person
6while in school or at a school-sponsored activity.
7    (e-15) If the requirements of this Section are met, a
8school nurse or trained personnel may administer undesignated
9asthma medication to any person whom the school nurse or
10trained personnel in good faith believes to be experiencing
11respiratory distress (i) while in school, (ii) while at a
12school-sponsored activity, (iii) while under the supervision
13of school personnel, or (iv) before or after normal school
14activities, including before-school or after-school care on
15school-operated property. A school nurse or trained personnel
16may carry undesignated asthma medication on his or her person
17while in school or at a school-sponsored activity.
18    (f) The school district, public school, charter school, or
19nonpublic school may maintain a supply of undesignated
20epinephrine injectors in any secure location that is
21accessible before, during, and after school where an allergic
22person is most at risk, including, but not limited to,
23classrooms and lunchrooms. A physician, a physician assistant
24who has prescriptive authority in accordance with Section 7.5
25of the Physician Assistant Practice Act of 1987, or an
26advanced practice registered nurse who has prescriptive

 

 

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1authority in accordance with Section 65-40 of the Nurse
2Practice Act may prescribe undesignated epinephrine injectors
3in the name of the school district, public school, charter
4school, or nonpublic school to be maintained for use when
5necessary. Any supply of epinephrine injectors shall be
6maintained in accordance with the manufacturer's instructions.
7    The school district, public school, charter school, or
8nonpublic school may maintain a supply of an opioid antagonist
9in any secure location where an individual may have an opioid
10overdose. A health care professional who has been delegated
11prescriptive authority for opioid antagonists in accordance
12with Section 5-23 of the Substance Use Disorder Act may
13prescribe opioid antagonists in the name of the school
14district, public school, charter school, or nonpublic school,
15to be maintained for use when necessary. Any supply of opioid
16antagonists shall be maintained in accordance with the
17manufacturer's instructions.
18    The school district, public school, charter school, or
19nonpublic school may maintain a supply of asthma medication in
20any secure location that is accessible before, during, or
21after school where a person is most at risk, including, but not
22limited to, a classroom or the nurse's office. A physician, a
23physician assistant who has prescriptive authority under
24Section 7.5 of the Physician Assistant Practice Act of 1987,
25or an advanced practice registered nurse who has prescriptive
26authority under Section 65-40 of the Nurse Practice Act may

 

 

HB3071- 135 -LRB103 30431 RJT 56861 b

1prescribe undesignated asthma medication in the name of the
2school district, public school, charter school, or nonpublic
3school to be maintained for use when necessary. Any supply of
4undesignated asthma medication must be maintained in
5accordance with the manufacturer's instructions.
6    (f-3) Whichever entity initiates the process of obtaining
7undesignated epinephrine injectors and providing training to
8personnel for carrying and administering undesignated
9epinephrine injectors shall pay for the costs of the
10undesignated epinephrine injectors.
11    (f-5) Upon any administration of an epinephrine injector,
12a school district, public school, charter school, or nonpublic
13school must immediately activate the EMS system and notify the
14student's parent, guardian, or emergency contact, if known.
15    Upon any administration of an opioid antagonist, a school
16district, public school, charter school, or nonpublic school
17must immediately activate the EMS system and notify the
18student's parent, guardian, or emergency contact, if known.
19    (f-10) Within 24 hours of the administration of an
20undesignated epinephrine injector, a school district, public
21school, charter school, or nonpublic school must notify the
22physician, physician assistant, or advanced practice
23registered nurse who provided the standing protocol and a
24prescription for the undesignated epinephrine injector of its
25use.
26    Within 24 hours after the administration of an opioid

 

 

HB3071- 136 -LRB103 30431 RJT 56861 b

1antagonist, a school district, public school, charter school,
2or nonpublic school must notify the health care professional
3who provided the prescription for the opioid antagonist of its
4use.
5    Within 24 hours after the administration of undesignated
6asthma medication, a school district, public school, charter
7school, or nonpublic school must notify the student's parent
8or guardian or emergency contact, if known, and the physician,
9physician assistant, or advanced practice registered nurse who
10provided the standing protocol and a prescription for the
11undesignated asthma medication of its use. The district or
12school must follow up with the school nurse, if available, and
13may, with the consent of the child's parent or guardian,
14notify the child's health care provider of record, as
15determined under this Section, of its use.
16    (g) Prior to the administration of an undesignated
17epinephrine injector, trained personnel must submit to the
18school's administration proof of completion of a training
19curriculum to recognize and respond to anaphylaxis that meets
20the requirements of subsection (h) of this Section. Training
21must be completed annually. The school district, public
22school, charter school, or nonpublic school must maintain
23records related to the training curriculum and trained
24personnel.
25    Prior to the administration of an opioid antagonist,
26trained personnel must submit to the school's administration

 

 

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1proof of completion of a training curriculum to recognize and
2respond to an opioid overdose, which curriculum must meet the
3requirements of subsection (h-5) of this Section. Training
4must be completed annually. Trained personnel must also submit
5to the school's administration proof of cardiopulmonary
6resuscitation and automated external defibrillator
7certification. The school district, public school, charter
8school, or nonpublic school must maintain records relating to
9the training curriculum and the trained personnel.
10    Prior to the administration of undesignated asthma
11medication, trained personnel must submit to the school's
12administration proof of completion of a training curriculum to
13recognize and respond to respiratory distress, which must meet
14the requirements of subsection (h-10) of this Section.
15Training must be completed annually, and the school district,
16public school, charter school, or nonpublic school must
17maintain records relating to the training curriculum and the
18trained personnel.
19    (h) A training curriculum to recognize and respond to
20anaphylaxis, including the administration of an undesignated
21epinephrine injector, may be conducted online or in person.
22    Training shall include, but is not limited to:
23        (1) how to recognize signs and symptoms of an allergic
24    reaction, including anaphylaxis;
25        (2) how to administer an epinephrine injector; and
26        (3) a test demonstrating competency of the knowledge

 

 

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1    required to recognize anaphylaxis and administer an
2    epinephrine injector.
3    Training may also include, but is not limited to:
4        (A) a review of high-risk areas within a school and
5    its related facilities;
6        (B) steps to take to prevent exposure to allergens;
7        (C) emergency follow-up procedures, including the
8    importance of calling 9-1-1 or, if 9-1-1 is not available,
9    other local emergency medical services;
10        (D) how to respond to a student with a known allergy,
11    as well as a student with a previously unknown allergy;
12        (E) other criteria as determined in rules adopted
13    pursuant to this Section; and
14        (F) any policy developed by the State Board of
15    Education under Section 2-3.190.
16    In consultation with statewide professional organizations
17representing physicians licensed to practice medicine in all
18of its branches, registered nurses, and school nurses, the
19State Board of Education shall make available resource
20materials consistent with criteria in this subsection (h) for
21educating trained personnel to recognize and respond to
22anaphylaxis. The State Board may take into consideration the
23curriculum on this subject developed by other states, as well
24as any other curricular materials suggested by medical experts
25and other groups that work on life-threatening allergy issues.
26The State Board is not required to create new resource

 

 

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1materials. The State Board shall make these resource materials
2available on its Internet website.
3    (h-5) A training curriculum to recognize and respond to an
4opioid overdose, including the administration of an opioid
5antagonist, may be conducted online or in person. The training
6must comply with any training requirements under Section 5-23
7of the Substance Use Disorder Act and the corresponding rules.
8It must include, but is not limited to:
9        (1) how to recognize symptoms of an opioid overdose;
10        (2) information on drug overdose prevention and
11    recognition;
12        (3) how to perform rescue breathing and resuscitation;
13        (4) how to respond to an emergency involving an opioid
14    overdose;
15        (5) opioid antagonist dosage and administration;
16        (6) the importance of calling 9-1-1 or, if 9-1-1 is
17    not available, other local emergency medical services;
18        (7) care for the overdose victim after administration
19    of the overdose antagonist;
20        (8) a test demonstrating competency of the knowledge
21    required to recognize an opioid overdose and administer a
22    dose of an opioid antagonist; and
23        (9) other criteria as determined in rules adopted
24    pursuant to this Section.
25    (h-10) A training curriculum to recognize and respond to
26respiratory distress, including the administration of

 

 

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1undesignated asthma medication, may be conducted online or in
2person. The training must include, but is not limited to:
3        (1) how to recognize symptoms of respiratory distress
4    and how to distinguish respiratory distress from
5    anaphylaxis;
6        (2) how to respond to an emergency involving
7    respiratory distress;
8        (3) asthma medication dosage and administration;
9        (4) the importance of calling 9-1-1 or, if 9-1-1 is
10    not available, other local emergency medical services;
11        (5) a test demonstrating competency of the knowledge
12    required to recognize respiratory distress and administer
13    asthma medication; and
14        (6) other criteria as determined in rules adopted
15    under this Section.
16    (i) Within 3 days after the administration of an
17undesignated epinephrine injector by a school nurse, trained
18personnel, or a student at a school or school-sponsored
19activity, the school must report to the State Board of
20Education in a form and manner prescribed by the State Board
21the following information:
22        (1) age and type of person receiving epinephrine
23    (student, staff, visitor);
24        (2) any previously known diagnosis of a severe
25    allergy;
26        (3) trigger that precipitated allergic episode;

 

 

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1        (4) location where symptoms developed;
2        (5) number of doses administered;
3        (6) type of person administering epinephrine (school
4    nurse, trained personnel, student); and
5        (7) any other information required by the State Board.
6    If a school district, public school, charter school, or
7nonpublic school maintains or has an independent contractor
8providing transportation to students who maintains a supply of
9undesignated epinephrine injectors, then the school district,
10public school, charter school, or nonpublic school must report
11that information to the State Board of Education upon adoption
12or change of the policy of the school district, public school,
13charter school, nonpublic school, or independent contractor,
14in a manner as prescribed by the State Board. The report must
15include the number of undesignated epinephrine injectors in
16supply.
17    (i-5) Within 3 days after the administration of an opioid
18antagonist by a school nurse or trained personnel, the school
19must report to the State Board of Education, in a form and
20manner prescribed by the State Board, the following
21information:
22        (1) the age and type of person receiving the opioid
23    antagonist (student, staff, or visitor);
24        (2) the location where symptoms developed;
25        (3) the type of person administering the opioid
26    antagonist (school nurse or trained personnel); and

 

 

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1        (4) any other information required by the State Board.
2    (i-10) Within 3 days after the administration of
3undesignated asthma medication by a school nurse, trained
4personnel, or a student at a school or school-sponsored
5activity, the school must report to the State Board of
6Education, on a form and in a manner prescribed by the State
7Board of Education, the following information:
8        (1) the age and type of person receiving the asthma
9    medication (student, staff, or visitor);
10        (2) any previously known diagnosis of asthma for the
11    person;
12        (3) the trigger that precipitated respiratory
13    distress, if identifiable;
14        (4) the location of where the symptoms developed;
15        (5) the number of doses administered;
16        (6) the type of person administering the asthma
17    medication (school nurse, trained personnel, or student);
18        (7) the outcome of the asthma medication
19    administration; and
20        (8) any other information required by the State Board.
21    (j) By October 1, 2015 and every year thereafter, the
22State Board of Education shall submit a report to the General
23Assembly identifying the frequency and circumstances of
24undesignated epinephrine and undesignated asthma medication
25administration during the preceding academic year. Beginning
26with the 2017 report, the report shall also contain

 

 

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1information on which school districts, public schools, charter
2schools, and nonpublic schools maintain or have independent
3contractors providing transportation to students who maintain
4a supply of undesignated epinephrine injectors. This report
5shall be published on the State Board's Internet website on
6the date the report is delivered to the General Assembly.
7    (j-5) Annually, each school district, public school,
8charter school, or nonpublic school shall request an asthma
9action plan from the parents or guardians of a pupil with
10asthma. If provided, the asthma action plan must be kept on
11file in the office of the school nurse or, in the absence of a
12school nurse, the school administrator. Copies of the asthma
13action plan may be distributed to appropriate school staff who
14interact with the pupil on a regular basis, and, if
15applicable, may be attached to the pupil's federal Section 504
16plan or individualized education program plan.
17    (j-10) To assist schools with emergency response
18procedures for asthma, the State Board of Education, in
19consultation with statewide professional organizations with
20expertise in asthma management and a statewide organization
21representing school administrators, shall develop a model
22asthma episode emergency response protocol before September 1,
232016. Each school district, charter school, and nonpublic
24school shall adopt an asthma episode emergency response
25protocol before January 1, 2017 that includes all of the
26components of the State Board's model protocol.

 

 

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1    (j-15) Every 2 years, school personnel who work with
2pupils shall complete an in-person or online training program
3on the management of asthma, the prevention of asthma
4symptoms, and emergency response in the school setting. In
5consultation with statewide professional organizations with
6expertise in asthma management, the State Board of Education
7shall make available resource materials for educating school
8personnel about asthma and emergency response in the school
9setting.
10    (j-20) On or before October 1, 2016 and every year
11thereafter, the State Board of Education shall submit a report
12to the General Assembly and the Department of Public Health
13identifying the frequency and circumstances of opioid
14antagonist administration during the preceding academic year.
15This report shall be published on the State Board's Internet
16website on the date the report is delivered to the General
17Assembly.
18    (k) The State Board of Education may adopt rules necessary
19to implement this Section.
20    (l) Nothing in this Section shall limit the amount of
21epinephrine injectors that any type of school or student may
22carry or maintain a supply of.
23(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
24102-813, eff. 5-13-22.)
 
25    (105 ILCS 5/27-23.1)  (from Ch. 122, par. 27-23.1)

 

 

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1    Sec. 27-23.1. Parenting education.
2    (a) The State Board of Education must assist each school
3district that offers an evidence-based parenting education
4model. School districts may provide instruction in parenting
5education for grades 6 through 12 and include such instruction
6in the courses of study regularly taught therein. School
7districts may give regular school credit for satisfactory
8completion by the student of such courses.
9    As used in this subsection (a), "parenting education"
10means and includes instruction in the following:
11        (1) Child growth and development, including prenatal
12    development.
13        (2) Childbirth and child care.
14        (3) Family structure, function and management.
15        (4) Prenatal and postnatal care for mothers and
16    infants.
17        (5) Prevention of child abuse.
18        (6) The physical, mental, emotional, social, economic
19    and psychological aspects of interpersonal and family
20    relationships.
21        (7) Parenting skill development.
22    The State Board of Education shall assist those districts
23offering parenting education instruction, upon request, in
24developing instructional materials, training teachers, and
25establishing appropriate time allotments for each of the areas
26included in such instruction.

 

 

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1    School districts may offer parenting education courses
2during that period of the day which is not part of the regular
3school day. Residents of the school district may enroll in
4such courses. The school board may establish fees and collect
5such charges as may be necessary for attendance at such
6courses in an amount not to exceed the per capita cost of the
7operation thereof, except that the board may waive all or part
8of such charges if it determines that the individual is
9indigent or that the educational needs of the individual
10requires his or her attendance at such courses.
11    (b) Beginning with the 2019-2020 school year, from
12appropriations made for the purposes of this Section, the
13State Board of Education shall implement and administer a
143-year pilot program supporting the health and wellness
15student-learning requirement by utilizing a unit of
16instruction on parenting education in participating school
17districts that maintain grades 9 through 12, to be determined
18by the participating school districts. The program is
19encouraged to include, but is not be limited to, instruction
20on (i) family structure, function, and management, (ii) the
21prevention of child abuse, (iii) the physical, mental,
22emotional, social, economic, and psychological aspects of
23interpersonal and family relationships, and (iv) parenting
24education competency development that is aligned to the social
25and emotional learning standards of the student's grade level.
26Instruction under this subsection (b) may be included in the

 

 

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1Comprehensive Health Education Program set forth under Section
23 of the Critical Health Problems and Comprehensive Health
3Education Act. The State Board of Education is authorized to
4make grants to school districts that apply to participate in
5the pilot program under this subsection (b). The State Board
6of Education shall by rule provide for the form of the
7application and criteria to be used and applied in selecting
8participating urban, suburban, and rural school districts. The
9provisions of this subsection (b), other than this sentence,
10are inoperative at the conclusion of the pilot program.
11(Source: P.A. 100-1043, eff. 8-23-18.)
 
12    (105 ILCS 5/27A-3)
13    Sec. 27A-3. Definitions. For purposes of this Article:
14    "At-risk pupil" means a pupil who, because of physical,
15emotional, socioeconomic, or cultural factors, is less likely
16to succeed in a conventional educational environment.
17    "Authorizer" means an entity authorized under this Article
18to review applications, decide whether to approve or reject
19applications, enter into charter contracts with applicants,
20oversee charter schools, and decide whether to renew, not
21renew, or revoke a charter.
22    "Commission" means the State Charter School Commission
23established under Section 27A-7.5 of this Code.
24    "Local school board" means the duly elected or appointed
25school board or board of education of a public school

 

 

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1district, including special charter districts and school
2districts located in cities having a population of more than
3500,000, organized under the laws of this State.
4    "State Board" means the State Board of Education.
5(Source: P.A. 97-152, eff. 7-20-11.)
 
6    (105 ILCS 5/27A-4)
7    Sec. 27A-4. General provisions.
8    (a) The General Assembly does not intend to alter or amend
9the provisions of any court-ordered desegregation plan in
10effect for any school district. A charter school shall be
11subject to all federal and State laws and constitutional
12provisions prohibiting discrimination on the basis of
13disability, race, creed, color, gender, national origin,
14religion, ancestry, marital status, or need for special
15education services.
16    (b) The total number of charter schools operating under
17this Article at any one time shall not exceed 120. Not more
18than 70 charter schools shall operate at any one time in any
19city having a population exceeding 500,000, with at least 5
20charter schools devoted exclusively to students from
21low-performing or overcrowded schools operating at any one
22time in that city; and not more than 45 charter schools shall
23operate at any one time in the remainder of the State, with not
24more than one charter school that has been initiated by a board
25of education, or by an intergovernmental agreement between or

 

 

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1among boards of education, operating at any one time in the
2school district where the charter school is located. In
3addition to these charter schools, up to but no more than 5
4charter schools devoted exclusively to re-enrolled high school
5dropouts and/or students 16 or 15 years old at risk of dropping
6out may operate at any one time in any city having a population
7exceeding 500,000. Notwithstanding any provision to the
8contrary in subsection (b) of Section 27A-5 of this Code, each
9such dropout charter may operate up to 15 campuses within the
10city. Any of these dropout charters may have a maximum of 1,875
11enrollment seats, any one of the campuses of the dropout
12charter may have a maximum of 165 enrollment seats, and each
13campus of the dropout charter must be operated, through a
14contract or payroll, by the same legal entity as that for which
15the charter is approved and certified.
16    For purposes of implementing this Section, the State Board
17shall assign a number to each charter submission it receives
18under Section 27A-6 for its review and certification, based on
19the chronological order in which the submission is received by
20it. The State Board shall promptly notify local school boards
21when the maximum numbers of certified charter schools
22authorized to operate have been reached.
23    (c) No charter shall be granted under this Article that
24would convert any existing private, parochial, or non-public
25school to a charter school.
26    (d) Enrollment in a charter school shall be open to any

 

 

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1pupil who resides within the geographic boundaries of the area
2served by the local school board, provided that the board of
3education in a city having a population exceeding 500,000 may
4designate attendance boundaries for no more than one-third of
5the charter schools permitted in the city if the board of
6education determines that attendance boundaries are needed to
7relieve overcrowding or to better serve low-income and at-risk
8students. Students residing within an attendance boundary may
9be given priority for enrollment, but must not be required to
10attend the charter school.
11    (e) Nothing in this Article shall prevent 2 or more local
12school boards from jointly issuing a charter to a single
13shared charter school, provided that all of the provisions of
14this Article are met as to those local school boards.
15    (f) No local school board shall require any employee of
16the school district to be employed in a charter school.
17    (g) No local school board shall require any pupil residing
18within the geographic boundary of its district to enroll in a
19charter school.
20    (h) If there are more eligible applicants for enrollment
21in a charter school than there are spaces available,
22successful applicants shall be selected by lottery. However,
23priority shall be given to siblings of pupils enrolled in the
24charter school and to pupils who were enrolled in the charter
25school the previous school year, unless expelled for cause,
26and priority may be given to pupils residing within the

 

 

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1charter school's attendance boundary, if a boundary has been
2designated by the board of education in a city having a
3population exceeding 500,000.
4    Any Beginning with student enrollment for the 2015-2016
5school year, any lottery required under this subsection (h)
6must be administered and videotaped by the charter school. The
7authorizer or its designee must be allowed to be present or
8view the lottery in real time. The charter school must
9maintain a videotaped record of the lottery, including a
10time/date stamp. The charter school shall transmit copies of
11the videotape and all records relating to the lottery to the
12authorizer on or before September 1 of each year.
13    Subject to the requirements for priority applicant groups
14set forth in paragraph (1) of this subsection (h), any lottery
15required under this subsection (h) must be administered in a
16way that provides each student an equal chance at admission.
17If an authorizer makes a determination that a charter school's
18lottery is in violation of this subsection (h), it may
19administer the lottery directly. After a lottery, each student
20randomly selected for admission to the charter school must be
21notified. Charter schools may not create an admissions process
22subsequent to a lottery that may operate as a barrier to
23registration or enrollment.
24    Charter schools may undertake additional intake
25activities, including without limitation student essays,
26school-parent compacts, or open houses, but in no event may a

 

 

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1charter school require participation in these activities as a
2condition of enrollment. A charter school must submit an
3updated waitlist to the authorizer on a quarterly basis. A
4waitlist must be submitted to the authorizer at the same time
5as quarterly financial statements, if quarterly financial
6statements are required by the authorizer.
7    Dual enrollment at both a charter school and a public
8school or non-public school shall not be allowed. A pupil who
9is suspended or expelled from a charter school shall be deemed
10to be suspended or expelled from the public schools of the
11school district in which the pupil resides. Notwithstanding
12anything to the contrary in this subsection (h):
13        (1) any charter school with a mission exclusive to
14    educating high school dropouts may grant priority
15    admission to students who are high school dropouts and/or
16    students 16 or 15 years old at risk of dropping out and any
17    charter school with a mission exclusive to educating
18    students from low-performing or overcrowded schools may
19    restrict admission to students who are from low-performing
20    or overcrowded schools; "priority admission" for charter
21    schools exclusively devoted to re-enrolled dropouts or
22    students at risk of dropping out means a minimum of 90% of
23    students enrolled shall be high school dropouts; and
24        (2) any charter school located in a school district
25    that contains all or part of a federal military base may
26    set aside up to 33% of its current charter enrollment to

 

 

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1    students with parents assigned to the federal military
2    base, with the remaining 67% subject to the general
3    enrollment and lottery requirements of subsection (d) of
4    this Section and this subsection (h); if a student with a
5    parent assigned to the federal military base withdraws
6    from the charter school during the course of a school year
7    for reasons other than grade promotion, those students
8    with parents assigned to the federal military base shall
9    have preference in filling the vacancy.
10    (i) (Blank).
11    (j) Notwithstanding any other provision of law to the
12contrary, a school district in a city having a population
13exceeding 500,000 shall not have a duty to collectively
14bargain with an exclusive representative of its employees over
15decisions to grant or deny a charter school proposal under
16Section 27A-8 of this Code, decisions to renew or revoke a
17charter under Section 27A-9 of this Code, and the impact of
18these decisions, provided that nothing in this Section shall
19have the effect of negating, abrogating, replacing, reducing,
20diminishing, or limiting in any way employee rights,
21guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
2214, and 15 of the Illinois Educational Labor Relations Act.
23    (k) In this Section:
24    "Low-performing school" means a public school in a school
25district organized under Article 34 of this Code that enrolls
26students in any of grades kindergarten through 8 and that is

 

 

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1ranked within the lowest 10% of schools in that district in
2terms of the percentage of students meeting or exceeding
3standards on the assessments required under Section 2-3.64a-5
4of this Code.
5    "Overcrowded school" means a public school in a school
6district organized under Article 34 of this Code that (i)
7enrolls students in any of grades kindergarten through 8, (ii)
8has a percentage of low-income students of 70% or more, as
9identified in the most recently available School Report Card
10published by the State Board of Education, and (iii) is
11determined by the Chicago Board of Education to be in the most
12severely overcrowded 5% of schools in the district. On or
13before November 1 of each year, the Chicago Board of Education
14shall file a report with the State Board of Education on which
15schools in the district meet the definition of "overcrowded
16school". "Students at risk of dropping out" means students 16
17or 15 years old in a public school in a district organized
18under Article 34 of this Code that enrolls students in any
19grades 9-12 who have been absent at least 90 school attendance
20days of the previous 180 school attendance days.
21    (l) For advertisements created after January 1, 2015 (the
22effective date of Public Act 98-783), any advertisement,
23including a radio, television, print, Internet, social media,
24or billboard advertisement, purchased by a school district or
25public school, including a charter school, with public funds
26must include a disclaimer stating that the advertisement was

 

 

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1paid for using public funds.
2    This disclaimer requirement does not extend to materials
3created by the charter school, including, but not limited to,
4a school website, informational pamphlets or leaflets, or
5clothing with affixed school logos.
6(Source: P.A. 98-474, eff. 8-16-13; 98-783, eff. 1-1-15;
798-972, eff. 8-15-14; 99-78, eff. 7-20-15.)
 
8    (105 ILCS 5/27A-5)
9    (Text of Section before amendment by P.A. 102-466 and
10102-702)
11    Sec. 27A-5. Charter school; legal entity; requirements.
12    (a) A charter school shall be a public, nonsectarian,
13nonreligious, non-home based, and non-profit school. A charter
14school shall be organized and operated as a nonprofit
15corporation or other discrete, legal, nonprofit entity
16authorized under the laws of the State of Illinois.
17    (b) A charter school may be established under this Article
18by creating a new school or by converting an existing public
19school or attendance center to charter school status. In
20Beginning on April 16, 2003 (the effective date of Public Act
2193-3), in all new applications to establish a charter school
22in a city having a population exceeding 500,000, operation of
23the charter school shall be limited to one campus. This
24limitation does The changes made to this Section by Public Act
2593-3 do not apply to charter schools existing or approved on or

 

 

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1before April 16, 2003 (the effective date of Public Act 93-3).
2    (b-5) (Blank). In this subsection (b-5),
3"virtual-schooling" means a cyber school where students engage
4in online curriculum and instruction via the Internet and
5electronic communication with their teachers at remote
6locations and with students participating at different times.
7    From April 1, 2013 through December 31, 2016, there is a
8moratorium on the establishment of charter schools with
9virtual-schooling components in school districts other than a
10school district organized under Article 34 of this Code. This
11moratorium does not apply to a charter school with
12virtual-schooling components existing or approved prior to
13April 1, 2013 or to the renewal of the charter of a charter
14school with virtual-schooling components already approved
15prior to April 1, 2013.
16    (c) A charter school shall be administered and governed by
17its board of directors or other governing body in the manner
18provided in its charter. The governing body of a charter
19school shall be subject to the Freedom of Information Act and
20the Open Meetings Act. A No later than January 1, 2021 (one
21year after the effective date of Public Act 101-291), a
22charter school's board of directors or other governing body
23must include at least one parent or guardian of a pupil
24currently enrolled in the charter school who may be selected
25through the charter school or a charter network election,
26appointment by the charter school's board of directors or

 

 

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1other governing body, or by the charter school's Parent
2Teacher Organization or its equivalent.
3    (c-5) No later than January 1, 2021 (one year after the
4effective date of Public Act 101-291) or within the first year
5of his or her first term, every voting member of a charter
6school's board of directors or other governing body shall
7complete a minimum of 4 hours of professional development
8leadership training to ensure that each member has sufficient
9familiarity with the board's or governing body's role and
10responsibilities, including financial oversight and
11accountability of the school, evaluating the principal's and
12school's performance, adherence to the Freedom of Information
13Act and the Open Meetings Act, and compliance with education
14and labor law. In each subsequent year of his or her term, a
15voting member of a charter school's board of directors or
16other governing body shall complete a minimum of 2 hours of
17professional development training in these same areas. The
18training under this subsection may be provided or certified by
19a statewide charter school membership association or may be
20provided or certified by other qualified providers approved by
21the State Board of Education.
22    (d) For purposes of this subsection (d), "non-curricular
23health and safety requirement" means any health and safety
24requirement created by statute or rule to provide, maintain,
25preserve, or safeguard safe or healthful conditions for
26students and school personnel or to eliminate, reduce, or

 

 

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1prevent threats to the health and safety of students and
2school personnel. "Non-curricular health and safety
3requirement" does not include any course of study or
4specialized instructional requirement for which the State
5Board has established goals and learning standards or which is
6designed primarily to impart knowledge and skills for students
7to master and apply as an outcome of their education.
8    A charter school shall comply with all non-curricular
9health and safety requirements applicable to public schools
10under the laws of the State of Illinois. The On or before
11September 1, 2015, the State Board shall promulgate and post
12on its Internet website a list of non-curricular health and
13safety requirements that a charter school must meet. The list
14shall be updated annually no later than September 1. Any
15charter contract between a charter school and its authorizer
16must contain a provision that requires the charter school to
17follow the list of all non-curricular health and safety
18requirements promulgated by the State Board and any
19non-curricular health and safety requirements added by the
20State Board to such list during the term of the charter.
21Nothing in this subsection (d) precludes an authorizer from
22including non-curricular health and safety requirements in a
23charter school contract that are not contained in the list
24promulgated by the State Board, including non-curricular
25health and safety requirements of the authorizing local school
26board.

 

 

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1    (e) Except as otherwise provided in the School Code, a
2charter school shall not charge tuition; provided that a
3charter school may charge reasonable fees for textbooks,
4instructional materials, and student activities.
5    (f) A charter school shall be responsible for the
6management and operation of its fiscal affairs, including, but
7not limited to, the preparation of its budget. An audit of each
8charter school's finances shall be conducted annually by an
9outside, independent contractor retained by the charter
10school. The contractor shall not be an employee of the charter
11school or affiliated with the charter school or its authorizer
12in any way, other than to audit the charter school's finances.
13To ensure financial accountability for the use of public
14funds, on or before December 1 of every year of operation, each
15charter school shall submit to its authorizer and the State
16Board a copy of its audit and a copy of the Form 990 the
17charter school filed that year with the federal Internal
18Revenue Service. In addition, if deemed necessary for proper
19financial oversight of the charter school, an authorizer may
20require quarterly financial statements from each charter
21school.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act,
24all federal and State laws and rules applicable to public
25schools that pertain to special education and the instruction
26of English learners, and its charter. A charter school is

 

 

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1exempt from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code
5    regarding criminal history records checks and checks of
6    the Statewide Sex Offender Database and Statewide Murderer
7    and Violent Offender Against Youth Database of applicants
8    for employment;
9        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10    34-84a of this Code regarding discipline of students;
11        (3) the Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) the Abused and Neglected Child Reporting Act;
17        (5.5) subsection (b) of Section 10-23.12 and
18    subsection (b) of Section 34-18.6 of this Code;
19        (6) the Illinois School Student Records Act;
20        (7) Section 10-17a of this Code regarding school
21    report cards;
22        (8) the P-20 Longitudinal Education Data System Act;
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention;
25        (10) Section 2-3.162 of this Code regarding student
26    discipline reporting;

 

 

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1        (11) Sections 22-80 and 27-8.1 of this Code;
2        (12) Sections 10-20.60 and 34-18.53 of this Code;
3        (13) Sections 10-20.63 and 34-18.56 of this Code;
4        (14) Sections 22-90 and 26-18 of this Code;
5        (15) Section 22-30 of this Code;
6        (16) Sections 24-12 and 34-85 of this Code;
7        (17) the Seizure Smart School Act;
8        (18) Section 2-3.64a-10 of this Code;
9        (19) Sections 10-20.73 and 34-21.9 of this Code;
10        (20) Section 10-22.25b of this Code;
11        (21) Section 27-9.1a of this Code;
12        (22) Section 27-9.1b of this Code;
13        (23) Section 34-18.8 of this Code;
14        (25) Section 2-3.188 of this Code;
15        (26) Section 22-85.5 of this Code;
16        (27) subsections Subsections (d-10), (d-15), and
17    (d-20) of Section 10-20.56 of this Code; and
18        (28) Sections 10-20.83 and 34-18.78 of this Code; .
19        (29) (27) Section 10-20.13 of this Code;
20        (30) (28) Section 28-19.2 of this Code; and
21        (31) (29) Section 34-21.6 of this Code.
22    The change made by Public Act 96-104 to this subsection
23(g) is declaratory of existing law.
24    (h) A charter school may negotiate and contract with a
25school district, the governing body of a State college or
26university or public community college, or any other public or

 

 

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1for-profit or nonprofit private entity for: (i) the use of a
2school building and grounds or any other real property or
3facilities that the charter school desires to use or convert
4for use as a charter school site, (ii) the operation and
5maintenance thereof, and (iii) the provision of any service,
6activity, or undertaking that the charter school is required
7to perform in order to carry out the terms of its charter.
8However, a charter school that is established on or after
9April 16, 2003 (the effective date of Public Act 93-3) and that
10operates in a city having a population exceeding 500,000 may
11not contract with a for-profit entity to manage or operate the
12school during the period that commences on April 16, 2003 (the
13effective date of Public Act 93-3) and concludes at the end of
14the 2004-2005 school year. Except as provided in subsection
15(i) of this Section, a school district may charge a charter
16school reasonable rent for the use of the district's
17buildings, grounds, and facilities. Any services for which a
18charter school contracts with a school district shall be
19provided by the district at cost. Any services for which a
20charter school contracts with a local school board or with the
21governing body of a State college or university or public
22community college shall be provided by the public entity at
23cost.
24    (i) In no event shall a charter school that is established
25by converting an existing school or attendance center to
26charter school status be required to pay rent for space that is

 

 

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1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be
5subject to negotiation between the charter school and the
6local school board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age
8or grade level.
9    (k) If the charter school is authorized approved by the
10State Board or Commission, then the charter school is its own
11local education agency.
12(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
13101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
148-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
15eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
16102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1712-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
18eff. 5-13-22; revised 12-13-22.)
 
19    (Text of Section after amendment by P.A. 102-702 but
20before amendment by P.A. 102-466)
21    Sec. 27A-5. Charter school; legal entity; requirements.
22    (a) A charter school shall be a public, nonsectarian,
23nonreligious, non-home based, and non-profit school. A charter
24school shall be organized and operated as a nonprofit
25corporation or other discrete, legal, nonprofit entity

 

 

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1authorized under the laws of the State of Illinois.
2    (b) A charter school may be established under this Article
3by creating a new school or by converting an existing public
4school or attendance center to charter school status. In
5Beginning on April 16, 2003 (the effective date of Public Act
693-3), in all new applications to establish a charter school
7in a city having a population exceeding 500,000, operation of
8the charter school shall be limited to one campus. This
9limitation does The changes made to this Section by Public Act
1093-3 do not apply to charter schools existing or approved on or
11before April 16, 2003 (the effective date of Public Act 93-3).
12    (b-5) (Blank). In this subsection (b-5),
13"virtual-schooling" means a cyber school where students engage
14in online curriculum and instruction via the Internet and
15electronic communication with their teachers at remote
16locations and with students participating at different times.
17    From April 1, 2013 through December 31, 2016, there is a
18moratorium on the establishment of charter schools with
19virtual-schooling components in school districts other than a
20school district organized under Article 34 of this Code. This
21moratorium does not apply to a charter school with
22virtual-schooling components existing or approved prior to
23April 1, 2013 or to the renewal of the charter of a charter
24school with virtual-schooling components already approved
25prior to April 1, 2013.
26    (c) A charter school shall be administered and governed by

 

 

HB3071- 165 -LRB103 30431 RJT 56861 b

1its board of directors or other governing body in the manner
2provided in its charter. The governing body of a charter
3school shall be subject to the Freedom of Information Act and
4the Open Meetings Act. A No later than January 1, 2021 (one
5year after the effective date of Public Act 101-291), a
6charter school's board of directors or other governing body
7must include at least one parent or guardian of a pupil
8currently enrolled in the charter school who may be selected
9through the charter school or a charter network election,
10appointment by the charter school's board of directors or
11other governing body, or by the charter school's Parent
12Teacher Organization or its equivalent.
13    (c-5) No later than January 1, 2021 (one year after the
14effective date of Public Act 101-291) or within the first year
15of his or her first term, every voting member of a charter
16school's board of directors or other governing body shall
17complete a minimum of 4 hours of professional development
18leadership training to ensure that each member has sufficient
19familiarity with the board's or governing body's role and
20responsibilities, including financial oversight and
21accountability of the school, evaluating the principal's and
22school's performance, adherence to the Freedom of Information
23Act and the Open Meetings Act, and compliance with education
24and labor law. In each subsequent year of his or her term, a
25voting member of a charter school's board of directors or
26other governing body shall complete a minimum of 2 hours of

 

 

HB3071- 166 -LRB103 30431 RJT 56861 b

1professional development training in these same areas. The
2training under this subsection may be provided or certified by
3a statewide charter school membership association or may be
4provided or certified by other qualified providers approved by
5the State Board of Education.
6    (d) For purposes of this subsection (d), "non-curricular
7health and safety requirement" means any health and safety
8requirement created by statute or rule to provide, maintain,
9preserve, or safeguard safe or healthful conditions for
10students and school personnel or to eliminate, reduce, or
11prevent threats to the health and safety of students and
12school personnel. "Non-curricular health and safety
13requirement" does not include any course of study or
14specialized instructional requirement for which the State
15Board has established goals and learning standards or which is
16designed primarily to impart knowledge and skills for students
17to master and apply as an outcome of their education.
18    A charter school shall comply with all non-curricular
19health and safety requirements applicable to public schools
20under the laws of the State of Illinois. The On or before
21September 1, 2015, the State Board shall promulgate and post
22on its Internet website a list of non-curricular health and
23safety requirements that a charter school must meet. The list
24shall be updated annually no later than September 1. Any
25charter contract between a charter school and its authorizer
26must contain a provision that requires the charter school to

 

 

HB3071- 167 -LRB103 30431 RJT 56861 b

1follow the list of all non-curricular health and safety
2requirements promulgated by the State Board and any
3non-curricular health and safety requirements added by the
4State Board to such list during the term of the charter.
5Nothing in this subsection (d) precludes an authorizer from
6including non-curricular health and safety requirements in a
7charter school contract that are not contained in the list
8promulgated by the State Board, including non-curricular
9health and safety requirements of the authorizing local school
10board.
11    (e) Except as otherwise provided in the School Code, a
12charter school shall not charge tuition; provided that a
13charter school may charge reasonable fees for textbooks,
14instructional materials, and student activities.
15    (f) A charter school shall be responsible for the
16management and operation of its fiscal affairs, including, but
17not limited to, the preparation of its budget. An audit of each
18charter school's finances shall be conducted annually by an
19outside, independent contractor retained by the charter
20school. The contractor shall not be an employee of the charter
21school or affiliated with the charter school or its authorizer
22in any way, other than to audit the charter school's finances.
23To ensure financial accountability for the use of public
24funds, on or before December 1 of every year of operation, each
25charter school shall submit to its authorizer and the State
26Board a copy of its audit and a copy of the Form 990 the

 

 

HB3071- 168 -LRB103 30431 RJT 56861 b

1charter school filed that year with the federal Internal
2Revenue Service. In addition, if deemed necessary for proper
3financial oversight of the charter school, an authorizer may
4require quarterly financial statements from each charter
5school.
6    (g) A charter school shall comply with all provisions of
7this Article, the Illinois Educational Labor Relations Act,
8all federal and State laws and rules applicable to public
9schools that pertain to special education and the instruction
10of English learners, and its charter. A charter school is
11exempt from all other State laws and regulations in this Code
12governing public schools and local school board policies;
13however, a charter school is not exempt from the following:
14        (1) Sections 10-21.9 and 34-18.5 of this Code
15    regarding criminal history records checks and checks of
16    the Statewide Sex Offender Database and Statewide Murderer
17    and Violent Offender Against Youth Database of applicants
18    for employment;
19        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
20    34-84a of this Code regarding discipline of students;
21        (3) the Local Governmental and Governmental Employees
22    Tort Immunity Act;
23        (4) Section 108.75 of the General Not For Profit
24    Corporation Act of 1986 regarding indemnification of
25    officers, directors, employees, and agents;
26        (5) the Abused and Neglected Child Reporting Act;

 

 

HB3071- 169 -LRB103 30431 RJT 56861 b

1        (5.5) subsection (b) of Section 10-23.12 and
2    subsection (b) of Section 34-18.6 of this Code;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school
5    report cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7        (9) Section 27-23.7 of this Code regarding bullying
8    prevention;
9        (10) Section 2-3.162 of this Code regarding student
10    discipline reporting;
11        (11) Sections 22-80 and 27-8.1 of this Code;
12        (12) Sections 10-20.60 and 34-18.53 of this Code;
13        (13) Sections 10-20.63 and 34-18.56 of this Code;
14        (14) Sections 22-90 and 26-18 of this Code;
15        (15) Section 22-30 of this Code;
16        (16) Sections 24-12 and 34-85 of this Code;
17        (17) the Seizure Smart School Act;
18        (18) Section 2-3.64a-10 of this Code;
19        (19) Sections 10-20.73 and 34-21.9 of this Code;
20        (20) Section 10-22.25b of this Code;
21        (21) Section 27-9.1a of this Code;
22        (22) Section 27-9.1b of this Code;
23        (23) Section 34-18.8 of this Code; and
24        (25) Section 2-3.188 of this Code;
25        (26) Section 22-85.5 of this Code;
26        (27) subsections Subsections (d-10), (d-15), and

 

 

HB3071- 170 -LRB103 30431 RJT 56861 b

1    (d-20) of Section 10-20.56 of this Code; and
2        (28) Sections 10-20.83 and 34-18.78 of this Code; .
3        (29) (27) Section 10-20.13 of this Code;
4        (30) (28) Section 28-19.2 of this Code; and
5        (31) (29) Section 34-21.6 of this Code; and .
6        (32) (25) Section 22-85.10 of this Code.
7    The change made by Public Act 96-104 to this subsection
8(g) is declaratory of existing law.
9    (h) A charter school may negotiate and contract with a
10school district, the governing body of a State college or
11university or public community college, or any other public or
12for-profit or nonprofit private entity for: (i) the use of a
13school building and grounds or any other real property or
14facilities that the charter school desires to use or convert
15for use as a charter school site, (ii) the operation and
16maintenance thereof, and (iii) the provision of any service,
17activity, or undertaking that the charter school is required
18to perform in order to carry out the terms of its charter.
19However, a charter school that is established on or after
20April 16, 2003 (the effective date of Public Act 93-3) and that
21operates in a city having a population exceeding 500,000 may
22not contract with a for-profit entity to manage or operate the
23school during the period that commences on April 16, 2003 (the
24effective date of Public Act 93-3) and concludes at the end of
25the 2004-2005 school year. Except as provided in subsection
26(i) of this Section, a school district may charge a charter

 

 

HB3071- 171 -LRB103 30431 RJT 56861 b

1school reasonable rent for the use of the district's
2buildings, grounds, and facilities. Any services for which a
3charter school contracts with a school district shall be
4provided by the district at cost. Any services for which a
5charter school contracts with a local school board or with the
6governing body of a State college or university or public
7community college shall be provided by the public entity at
8cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be
16subject to negotiation between the charter school and the
17local school board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age
19or grade level.
20    (k) If the charter school is authorized approved by the
21State Board or Commission, then the charter school is its own
22local education agency.
23(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
24101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
258-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
26eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

 

 

HB3071- 172 -LRB103 30431 RJT 56861 b

1102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
212-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
3eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 
4    (Text of Section after amendment by P.A. 102-466)
5    Sec. 27A-5. Charter school; legal entity; requirements.
6    (a) A charter school shall be a public, nonsectarian,
7nonreligious, non-home based, and non-profit school. A charter
8school shall be organized and operated as a nonprofit
9corporation or other discrete, legal, nonprofit entity
10authorized under the laws of the State of Illinois.
11    (b) A charter school may be established under this Article
12by creating a new school or by converting an existing public
13school or attendance center to charter school status. In
14Beginning on April 16, 2003 (the effective date of Public Act
1593-3), in all new applications to establish a charter school
16in a city having a population exceeding 500,000, operation of
17the charter school shall be limited to one campus. This
18limitation does The changes made to this Section by Public Act
1993-3 do not apply to charter schools existing or approved on or
20before April 16, 2003 (the effective date of Public Act 93-3).
21    (b-5) (Blank). In this subsection (b-5),
22"virtual-schooling" means a cyber school where students engage
23in online curriculum and instruction via the Internet and
24electronic communication with their teachers at remote
25locations and with students participating at different times.

 

 

HB3071- 173 -LRB103 30431 RJT 56861 b

1    From April 1, 2013 through December 31, 2016, there is a
2moratorium on the establishment of charter schools with
3virtual-schooling components in school districts other than a
4school district organized under Article 34 of this Code. This
5moratorium does not apply to a charter school with
6virtual-schooling components existing or approved prior to
7April 1, 2013 or to the renewal of the charter of a charter
8school with virtual-schooling components already approved
9prior to April 1, 2013.
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter
13school shall be subject to the Freedom of Information Act and
14the Open Meetings Act. A No later than January 1, 2021 (one
15year after the effective date of Public Act 101-291), a
16charter school's board of directors or other governing body
17must include at least one parent or guardian of a pupil
18currently enrolled in the charter school who may be selected
19through the charter school or a charter network election,
20appointment by the charter school's board of directors or
21other governing body, or by the charter school's Parent
22Teacher Organization or its equivalent.
23    (c-5) No later than January 1, 2021 (one year after the
24effective date of Public Act 101-291) or within the first year
25of his or her first term, every voting member of a charter
26school's board of directors or other governing body shall

 

 

HB3071- 174 -LRB103 30431 RJT 56861 b

1complete a minimum of 4 hours of professional development
2leadership training to ensure that each member has sufficient
3familiarity with the board's or governing body's role and
4responsibilities, including financial oversight and
5accountability of the school, evaluating the principal's and
6school's performance, adherence to the Freedom of Information
7Act and the Open Meetings Act, and compliance with education
8and labor law. In each subsequent year of his or her term, a
9voting member of a charter school's board of directors or
10other governing body shall complete a minimum of 2 hours of
11professional development training in these same areas. The
12training under this subsection may be provided or certified by
13a statewide charter school membership association or may be
14provided or certified by other qualified providers approved by
15the State Board of Education.
16    (d) For purposes of this subsection (d), "non-curricular
17health and safety requirement" means any health and safety
18requirement created by statute or rule to provide, maintain,
19preserve, or safeguard safe or healthful conditions for
20students and school personnel or to eliminate, reduce, or
21prevent threats to the health and safety of students and
22school personnel. "Non-curricular health and safety
23requirement" does not include any course of study or
24specialized instructional requirement for which the State
25Board has established goals and learning standards or which is
26designed primarily to impart knowledge and skills for students

 

 

HB3071- 175 -LRB103 30431 RJT 56861 b

1to master and apply as an outcome of their education.
2    A charter school shall comply with all non-curricular
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois. The On or before
5September 1, 2015, the State Board shall promulgate and post
6on its Internet website a list of non-curricular health and
7safety requirements that a charter school must meet. The list
8shall be updated annually no later than September 1. Any
9charter contract between a charter school and its authorizer
10must contain a provision that requires the charter school to
11follow the list of all non-curricular health and safety
12requirements promulgated by the State Board and any
13non-curricular health and safety requirements added by the
14State Board to such list during the term of the charter.
15Nothing in this subsection (d) precludes an authorizer from
16including non-curricular health and safety requirements in a
17charter school contract that are not contained in the list
18promulgated by the State Board, including non-curricular
19health and safety requirements of the authorizing local school
20board.
21    (e) Except as otherwise provided in the School Code, a
22charter school shall not charge tuition; provided that a
23charter school may charge reasonable fees for textbooks,
24instructional materials, and student activities.
25    (f) A charter school shall be responsible for the
26management and operation of its fiscal affairs, including, but

 

 

HB3071- 176 -LRB103 30431 RJT 56861 b

1not limited to, the preparation of its budget. An audit of each
2charter school's finances shall be conducted annually by an
3outside, independent contractor retained by the charter
4school. The contractor shall not be an employee of the charter
5school or affiliated with the charter school or its authorizer
6in any way, other than to audit the charter school's finances.
7To ensure financial accountability for the use of public
8funds, on or before December 1 of every year of operation, each
9charter school shall submit to its authorizer and the State
10Board a copy of its audit and a copy of the Form 990 the
11charter school filed that year with the federal Internal
12Revenue Service. In addition, if deemed necessary for proper
13financial oversight of the charter school, an authorizer may
14require quarterly financial statements from each charter
15school.
16    (g) A charter school shall comply with all provisions of
17this Article, the Illinois Educational Labor Relations Act,
18all federal and State laws and rules applicable to public
19schools that pertain to special education and the instruction
20of English learners, and its charter. A charter school is
21exempt from all other State laws and regulations in this Code
22governing public schools and local school board policies;
23however, a charter school is not exempt from the following:
24        (1) Sections 10-21.9 and 34-18.5 of this Code
25    regarding criminal history records checks and checks of
26    the Statewide Sex Offender Database and Statewide Murderer

 

 

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1    and Violent Offender Against Youth Database of applicants
2    for employment;
3        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
4    34-84a of this Code regarding discipline of students;
5        (3) the Local Governmental and Governmental Employees
6    Tort Immunity Act;
7        (4) Section 108.75 of the General Not For Profit
8    Corporation Act of 1986 regarding indemnification of
9    officers, directors, employees, and agents;
10        (5) the Abused and Neglected Child Reporting Act;
11        (5.5) subsection (b) of Section 10-23.12 and
12    subsection (b) of Section 34-18.6 of this Code;
13        (6) the Illinois School Student Records Act;
14        (7) Section 10-17a of this Code regarding school
15    report cards;
16        (8) the P-20 Longitudinal Education Data System Act;
17        (9) Section 27-23.7 of this Code regarding bullying
18    prevention;
19        (10) Section 2-3.162 of this Code regarding student
20    discipline reporting;
21        (11) Sections 22-80 and 27-8.1 of this Code;
22        (12) Sections 10-20.60 and 34-18.53 of this Code;
23        (13) Sections 10-20.63 and 34-18.56 of this Code;
24        (14) Sections 22-90 and 26-18 of this Code;
25        (15) Section 22-30 of this Code;
26        (16) Sections 24-12 and 34-85 of this Code;

 

 

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1        (17) the Seizure Smart School Act;
2        (18) Section 2-3.64a-10 of this Code;
3        (19) Sections 10-20.73 and 34-21.9 of this Code;
4        (20) Section 10-22.25b of this Code;
5        (21) Section 27-9.1a of this Code;
6        (22) Section 27-9.1b of this Code;
7        (23) Section 34-18.8 of this Code;
8        (24) Article 26A of this Code; and
9        (25) Section 2-3.188 of this Code;
10        (26) Section 22-85.5 of this Code;
11        (27) subsections Subsections (d-10), (d-15), and
12    (d-20) of Section 10-20.56 of this Code; and
13        (28) Sections 10-20.83 and 34-18.78 of this Code; .
14        (29) (27) Section 10-20.13 of this Code;
15        (30) (28) Section 28-19.2 of this Code; and
16        (31) (29) Section 34-21.6 of this Code; and .
17        (32) (25) Section 22-85.10 of this Code.
18    The change made by Public Act 96-104 to this subsection
19(g) is declaratory of existing law.
20    (h) A charter school may negotiate and contract with a
21school district, the governing body of a State college or
22university or public community college, or any other public or
23for-profit or nonprofit private entity for: (i) the use of a
24school building and grounds or any other real property or
25facilities that the charter school desires to use or convert
26for use as a charter school site, (ii) the operation and

 

 

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1maintenance thereof, and (iii) the provision of any service,
2activity, or undertaking that the charter school is required
3to perform in order to carry out the terms of its charter.
4However, a charter school that is established on or after
5April 16, 2003 (the effective date of Public Act 93-3) and that
6operates in a city having a population exceeding 500,000 may
7not contract with a for-profit entity to manage or operate the
8school during the period that commences on April 16, 2003 (the
9effective date of Public Act 93-3) and concludes at the end of
10the 2004-2005 school year. Except as provided in subsection
11(i) of this Section, a school district may charge a charter
12school reasonable rent for the use of the district's
13buildings, grounds, and facilities. Any services for which a
14charter school contracts with a school district shall be
15provided by the district at cost. Any services for which a
16charter school contracts with a local school board or with the
17governing body of a State college or university or public
18community college shall be provided by the public entity at
19cost.
20    (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be

 

 

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1subject to negotiation between the charter school and the
2local school board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age
4or grade level.
5    (k) If the charter school is authorized approved by the
6State Board or Commission, then the charter school is its own
7local education agency.
8(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
9101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
108-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
11eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
12102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
138-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
14eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
15revised 12-13-22.)
 
16    (105 ILCS 5/27A-6)
17    Sec. 27A-6. Contract contents; applicability of laws and
18regulations.
19    (a) A certified charter shall constitute a binding
20contract and agreement between the charter school and a local
21school board under the terms of which the local school board
22authorizes the governing body of the charter school to operate
23the charter school on the terms specified in the contract.
24    (b) Notwithstanding any other provision of this Article,
25the certified charter may not waive or release the charter

 

 

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1school from the State goals, standards, and assessments
2established pursuant to Section 2-3.64a-5 of this Code. The
3Beginning with the 2003-2004 school year, the certified
4charter for a charter school operating in a city having a
5population exceeding 500,000 shall require the charter school
6to administer any other nationally recognized standardized
7tests to its students that the chartering entity administers
8to other students, and the results on such tests shall be
9included in the chartering entity's assessment reports.
10    (c) Subject to the provisions of subsection (e), a
11material revision to a previously certified contract or a
12renewal shall be made with the approval of both the local
13school board and the governing body of the charter school.
14    (c-5) The proposed contract shall include a provision on
15how both parties will address minor violations of the
16contract.
17    (d) The proposed contract between the governing body of a
18proposed charter school and the local school board as
19described in Section 27A-7 must be submitted to and certified
20by the State Board before it can take effect. If the State
21Board recommends that the proposed contract be modified for
22consistency with this Article before it can be certified, the
23modifications must be consented to by both the governing body
24of the charter school and the local school board, and
25resubmitted to the State Board for its certification. If the
26proposed contract is resubmitted in a form that is not

 

 

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1consistent with this Article, the State Board may refuse to
2certify the charter.
3    The State Board shall assign a number to each submission
4or resubmission in chronological order of receipt, and shall
5determine whether the proposed contract is consistent with the
6provisions of this Article. If the proposed contract complies,
7the State Board shall so certify.
8    (e) No renewal of a previously certified contract is
9effective unless and until the State Board certifies that the
10renewal is consistent with the provisions of this Article. A
11material revision to a previously certified contract may go
12into effect immediately upon approval of both the local school
13board and the governing body of the charter school, unless
14either party requests in writing that the State Board certify
15that the material revision is consistent with the provisions
16of this Article. If such a request is made, the proposed
17material revision is not effective unless and until the State
18Board so certifies.
19(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
2099-78, eff. 7-20-15.)
 
21    (105 ILCS 5/27A-7)
22    Sec. 27A-7. Charter submission.
23    (a) A proposal to establish a charter school shall be
24submitted to the local school board and the State Board for
25certification under Section 27A-6 of this Code in the form of a

 

 

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1proposed contract entered into between the local school board
2and the governing body of a proposed charter school. The
3charter school proposal shall include:
4        (1) The name of the proposed charter school, which
5    must include the words "Charter School".
6        (2) The age or grade range, areas of focus, minimum
7    and maximum numbers of pupils to be enrolled in the
8    charter school, and any other admission criteria that
9    would be legal if used by a school district.
10        (3) A description of and address for the physical
11    plant in which the charter school will be located;
12    provided that nothing in the Article shall be deemed to
13    justify delaying or withholding favorable action on or
14    approval of a charter school proposal because the building
15    or buildings in which the charter school is to be located
16    have not been acquired or rented at the time a charter
17    school proposal is submitted or approved or a charter
18    school contract is entered into or submitted for
19    certification or certified, so long as the proposal or
20    submission identifies and names at least 2 sites that are
21    potentially available as a charter school facility by the
22    time the charter school is to open.
23        (4) The mission statement of the charter school, which
24    must be consistent with the General Assembly's declared
25    purposes; provided that nothing in this Article shall be
26    construed to require that, in order to receive favorable

 

 

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1    consideration and approval, a charter school proposal
2    demonstrate unequivocally that the charter school will be
3    able to meet each of those declared purposes, it being the
4    intention of the Charter Schools Law that those purposes
5    be recognized as goals that charter schools must aspire to
6    attain.
7        (5) The goals, objectives, and pupil performance
8    standards to be achieved by the charter school.
9        (6) In the case of a proposal to establish a charter
10    school by converting an existing public school or
11    attendance center to charter school status, evidence that
12    the proposed formation of the charter school has received
13    the approval of certified teachers, parents and guardians,
14    and, if applicable, a local school council as provided in
15    subsection (b) of Section 27A-8.
16        (7) A description of the charter school's educational
17    program, pupil performance standards, curriculum, school
18    year, school days, and hours of operation.
19        (8) A description of the charter school's plan for
20    evaluating pupil performance, the types of assessments
21    that will be used to measure pupil progress towards
22    achievement of the school's pupil performance standards,
23    the timeline for achievement of those standards, and the
24    procedures for taking corrective action in the event that
25    pupil performance at the charter school falls below those
26    standards.

 

 

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1        (9) Evidence that the terms of the charter as proposed
2    are economically sound for both the charter school and the
3    school district, a proposed budget for the term of the
4    charter, a description of the manner in which an annual
5    audit of the financial and administrative operations of
6    the charter school, including any services provided by the
7    school district, are to be conducted, and a plan for the
8    displacement of pupils, teachers, and other employees who
9    will not attend or be employed in the charter school.
10        (10) A description of the governance and operation of
11    the charter school, including the nature and extent of
12    parental, professional educator, and community involvement
13    in the governance and operation of the charter school.
14        (11) An explanation of the relationship that will
15    exist between the charter school and its employees,
16    including evidence that the terms and conditions of
17    employment have been addressed with affected employees and
18    their recognized representative, if any. However, a
19    bargaining unit of charter school employees shall be
20    separate and distinct from any bargaining units formed
21    from employees of a school district in which the charter
22    school is located.
23        (12) An agreement between the parties regarding their
24    respective legal liability and applicable insurance
25    coverage.
26        (13) A description of how the charter school plans to

 

 

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1    meet the transportation needs of its pupils, and a plan
2    for addressing the transportation needs of low-income and
3    at-risk pupils.
4        (14) The proposed effective date and term of the
5    charter; provided that the first day of the first academic
6    year shall be no earlier than August 15 and no later than
7    September 15 of a calendar year, and the first day of the
8    fiscal year shall be July 1.
9        (14.5) Disclosure of any known active civil or
10    criminal investigation by a local, state, or federal law
11    enforcement agency into an organization submitting the
12    charter school proposal or a criminal investigation by a
13    local, state, or federal law enforcement agency into any
14    member of the governing body of that organization. For the
15    purposes of this subdivision (14.5), a known investigation
16    means a request for an interview by a law enforcement
17    agency, a subpoena, an arrest, or an indictment. Such
18    disclosure is required for a period from the initial
19    application submission through 10 business days prior to
20    the authorizer's scheduled decision date.
21        (15) Any other information reasonably required by the
22    State Board of Education.
23    (b) A proposal to establish a charter school may be
24initiated by individuals or organizations that will have
25majority representation on the board of directors or other
26governing body of the corporation or other discrete legal

 

 

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1entity that is to be established to operate the proposed
2charter school, by a board of education or an
3intergovernmental agreement between or among boards of
4education, or by the board of directors or other governing
5body of a discrete legal entity already existing or
6established to operate the proposed charter school. The
7individuals or organizations referred to in this subsection
8may be school teachers, school administrators, local school
9councils, colleges or universities or their faculty members,
10public community colleges or their instructors or other
11representatives, corporations, or other entities or their
12representatives. The proposal shall be submitted to the local
13school board for consideration and, if appropriate, for
14development of a proposed contract to be submitted to the
15State Board for certification under Section 27A-6.
16    (c) The local school board may not without the consent of
17the governing body of the charter school condition its
18approval of a charter school proposal on acceptance of an
19agreement to operate under State laws and regulations and
20local school board policies from which the charter school is
21otherwise exempted under this Article.
22(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;
2399-78, eff. 7-20-15; 99-334, eff. 8-10-15.)
 
24    (105 ILCS 5/27A-7.5)
25    Sec. 27A-7.5. State Charter School Commission; abolition

 

 

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1and transfer to State Board; fee.
2    (a) (Blank). A State Charter School Commission is
3established as an independent commission with statewide
4chartering jurisdiction and authority. The Commission shall be
5under the State Board for administrative purposes only.
6    (a-5) (Blank). The State Board shall provide
7administrative support to the Commission as needed.
8    (b) (Blank). The Commission is responsible for authorizing
9high-quality charter schools throughout this State,
10particularly schools designed to expand opportunities for
11at-risk students, consistent with the purposes of this
12Article.
13    (c) (Blank). The Commission shall consist of 9 members,
14appointed by the State Board. The State Board shall make these
15appointments from a slate of candidates proposed by the
16Governor, within 60 days after the effective date of this
17amendatory Act of the 97th General Assembly with respect to
18the initial Commission members. In making the appointments,
19the State Board shall ensure statewide geographic diversity
20among Commission members. The Governor shall propose a slate
21of candidates to the State Board within 60 days after the
22effective date of this amendatory Act of the 97th General
23Assembly and 60 days prior to the expiration of the term of a
24member thereafter. If the Governor fails to timely propose a
25slate of candidates according to the provisions of this
26subsection (c), then the State Board may appoint the member or

 

 

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1members of the Commission.
2    (d) (Blank). Members appointed to the Commission shall
3collectively possess strong experience and expertise in public
4and nonprofit governance, management and finance, public
5school leadership, higher education, assessments, curriculum
6and instruction, and public education law. All members of the
7Commission shall have demonstrated understanding of and a
8commitment to public education, including without limitation
9charter schooling. At least 3 members must have past
10experience with urban charter schools.
11    (e) (Blank). To establish staggered terms of office, the
12initial term of office for 3 Commission members shall be 4
13years and thereafter shall be 4 years; the initial term of
14office for another 3 members shall be 3 years and thereafter
15shall be 4 years; and the initial term of office for the
16remaining 3 members shall be 2 years and thereafter shall be 4
17years. The initial appointments must be made no later than
18October 1, 2011.
19    (f) (Blank). Whenever a vacancy on the Commission exists,
20the State Board shall appoint a member for the remaining
21portion of the term.
22    (g) (Blank). Subject to the State Officials and Employees
23Ethics Act, the Commission is authorized to receive and expend
24gifts, grants, and donations of any kind from any public or
25private entity to carry out the purposes of this Article,
26subject to the terms and conditions under which they are

 

 

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1given, provided that all such terms and conditions are
2permissible under law. Funds received under this subsection
3(g) must be deposited into the State Charter School Commission
4Fund.
5    The State Charter School Commission Fund is created as a
6special fund in the State treasury. Until July 1, 2020, all
7money in the Fund shall be used, subject to appropriation, by
8the State Board, acting on behalf and with the consent of the
9Commission, for operational and administrative costs of the
10Commission. Beginning on July 1, 2020 through August 31, 2020,
11all money in the Fund shall be used, subject to appropriation,
12by the State Board for operational and administrative costs.
13On September 1, 2020, or as soon thereafter as practicable, in
14consultation with the State Board, the State Comptroller shall
15order transferred and the State Treasurer shall transfer all
16money in the State Charter School Commission Fund to the State
17Board of Education Special Purpose Trust Fund.
18    Subject to appropriation, any funds appropriated for use
19by the State Board, acting on behalf and with the consent of
20the Commission, may be used for the following purposes,
21without limitation: personal services, contractual services,
22and other operational and administrative costs. The State
23Board is further authorized to make expenditures with respect
24to any other amounts deposited in accordance with law into the
25State Charter School Commission Fund.
26    (g-5) (Blank). Funds or spending authority for the

 

 

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1operation and administrative costs of the Commission shall be
2appropriated to the State Board in a separate line item. The
3State Superintendent of Education may not reduce or modify the
4budget of the Commission or use funds appropriated to the
5Commission without the approval of the Commission.
6    (h) (Blank). The Commission shall operate with dedicated
7resources and staff qualified to execute the day-to-day
8responsibilities of charter school authorizing in accordance
9with this Article. The Commission may employ and fix the
10compensation of such employees and technical assistants as it
11deems necessary to carry out its powers and duties under this
12Article, without regard to the requirements of any civil
13service or personnel statute; and may establish and administer
14standards of classification of all such persons with respect
15to their compensation, duties, performance, and tenure and
16enter into contracts of employment with such persons for such
17periods and on such terms as the Commission deems desirable.
18    (i) (Blank).
19    (j) The Until July 1, 2020, the Commission may charge a
20charter school that it authorizes a fee, not to exceed 3% of
21the revenue provided to the school, to cover the cost of
22undertaking the ongoing administrative responsibilities of the
23eligible chartering authority with respect to the school. This
24fee must be deposited into the State Charter School Commission
25Fund. Beginning on July 1, 2020, the State Board of Education
26may charge a charter school that it authorizes a fee not to

 

 

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1exceed 3% of the revenue provided to the school to be used
2exclusively for covering the cost of authorizing activities.
3Authorizing activities may include, but are not limited to:
4(i) soliciting, reviewing, and taking action on charter school
5proposals; (ii) hiring, training, and supervising staff
6engaged in authorizing activities; (iii) developing and
7conducting oversight, including regular monitoring, of
8authorized charter schools; (iv) reporting on best practices
9and performances of charter schools; (v) applying for,
10managing, and distributing grants and funds appropriated for
11charter schools and authorizing activities; (vi) training
12members of the State Board on their authorizing roles; and
13(vii) training other employees of the State Board on how to
14work with charter schools as their own local education
15agencies.
16    (k) On July 1, 2020, the State Charter School Commission
17or "Commission" (established by Public Act 97-152 as an
18independent State agency with statewide chartering
19jurisdiction and authority) is abolished and the terms of all
20members end. On that date, all of the powers, duties, assets,
21liabilities, contracts, property, records, and pending
22business of the Commission are transferred to the State Board.
23For purposes of the Successor Agency Act and Section 9b of the
24State Finance Act, the State Board is declared to be the
25successor agency of the Commission. Beginning on July 1, 2020,
26references in statutes, rules, forms, and other documents to

 

 

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1the Commission shall, in appropriate contexts, be deemed to
2refer to the State Board. Standards and procedures of the
3Commission in effect on July 1, 2020 shall be deemed standards
4and procedures of the State Board and shall remain in effect
5until amended or repealed by the State Board.
6    Beginning on the effective date of this amendatory Act of
7the 101st General Assembly, the Commission may not enter into
8or renew a contract, other than a charter renewal, that
9expires after July 1, 2020.
10    On July 1, 2020, any charter school authorized by the
11State Charter School Commission prior to July 1, 2020 shall
12have its authorization transferred to the State Board, which
13shall then become the school's authorizer for all purposes
14under this Article. On July 1, 2020, all of the powers, duties,
15assets, liabilities, contracts, property, records, and pending
16business of the State Charter School Commission as the
17school's authorizer must be transferred to the State Board. At
18the end of its charter term, a charter school may reapply to
19the board or boards for authorization.
20    On July 1, 2020, all rules of the State Board applicable to
21matters falling within the responsibility of the State Charter
22School Commission shall be applicable to the actions of the
23State Board.
24    (l) In any appeal filed with the State Board Commission
25under this Article, both the applicant and the authorizing
26school district of in which the charter school plans to locate

 

 

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1shall have the right to request a hearing before the State
2Board Commission. If more than one entity requests a hearing,
3then the State Board Commission may hold only one hearing,
4wherein the applicant and the school district shall have an
5equal opportunity to present their respective positions.
6(Source: P.A. 101-543, eff. 8-23-19.)
 
7    (105 ILCS 5/27A-7.10)
8    Sec. 27A-7.10. Authorizer powers and duties; immunity;
9principles and standards.
10    (a) Authorizers are responsible for executing, in
11accordance with this Article, all of the following powers and
12duties:
13        (1) Soliciting and evaluating charter applications.
14        (2) Approving quality charter applications that meet
15    identified educational needs and promote a diversity of
16    educational choices.
17        (3) Declining to approve weak or inadequate charter
18    applications.
19        (4) Negotiating and executing sound charter contracts
20    with each approved charter school.
21        (5) Monitoring, in accordance with charter contract
22    terms, the performance and legal compliance of charter
23    schools.
24        (6) Determining whether each charter contract merits
25    renewal, nonrenewal, or revocation.

 

 

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1    (b) An authorizing entity may delegate its duties to
2officers, employees, and contractors.
3    (c) Regulation by authorizers is limited to the powers and
4duties set forth in subsection (a) of this Section and must be
5consistent with the spirit and intent of this Article.
6    (d) An authorizing entity, members of the local school
7board, the State Board, and the Commission, in its their
8official capacity, and employees of an authorizer are immune
9from civil and criminal liability with respect to all
10activities related to a charter school that they authorize,
11except for willful or wanton misconduct.
12    (e) The State Board, the Commission, and all local school
13boards that have a charter school operating are required to
14develop and maintain chartering policies and practices
15consistent with recognized principles and standards for
16quality charter authorizing in all major areas of authorizing
17responsibility, including all of the following:
18        (1) Organizational capacity and infrastructure.
19        (2) Soliciting and evaluating charter applications if
20    applicable.
21        (3) Performance contracting.
22        (4) Ongoing charter school oversight and evaluation.
23        (5) Charter renewal decision-making.
24    Authorizers shall carry out all their duties under this
25Article in a manner consistent with nationally recognized
26principles and standards and with the spirit and intent of

 

 

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1this Article.
2(Source: P.A. 101-543, eff. 8-23-19.)
 
3    (105 ILCS 5/27A-9)
4    Sec. 27A-9. Term of charter; renewal.
5    (a) An initial For charters granted before January 1, 2017
6(the effective date of Public Act 99-840), a charter may be
7granted for a period not less than 5 and not more than 10
8school years. For charters granted on or after January 1, 2017
9(the effective date of Public Act 99-840), a charter shall be
10granted for a period of 5 school years. A For charters renewed
11before January 1, 2017 (the effective date of Public Act
1299-840), a charter may be renewed in incremental periods not
13to exceed 5 school years. For charters renewed on or after
14January 1, 2017 (the effective date of Public Act 99-840), a
15charter may be renewed in incremental periods not to exceed 10
16school years; however, the State Board or Commission may renew
17a charter only in incremental periods not to exceed 5 years.
18Authorizers shall ensure that every charter granted on or
19after January 1, 2017 (the effective date of Public Act
2099-840) includes standards and goals for academic,
21organizational, and financial performance. A charter must meet
22all standards and goals for academic, organizational, and
23financial performance set forth by the authorizer in order to
24be renewed for a term in excess of 5 years but not more than 10
25years. If an authorizer fails to establish standards and

 

 

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1goals, a charter shall not be renewed for a term in excess of 5
2years. Nothing contained in this Section shall require an
3authorizer to grant a full 10-year renewal term to any
4particular charter school, but an authorizer may award a full
510-year renewal term to charter schools that have a
6demonstrated track record of improving student performance.
7    (b) A charter school renewal proposal submitted to the
8local school board or the State Board or Commission, as the
9chartering entity, shall contain:
10        (1) a report on the progress of the charter school in
11    achieving the goals, objectives, pupil performance
12    standards, content standards, and other terms of the
13    initial approved charter proposal; and
14        (2) a financial statement that discloses the costs of
15    administration, instruction, and other spending categories
16    for the charter school that is understandable to the
17    general public and that will allow comparison of those
18    costs to other schools or other comparable organizations,
19    in a format required by the State Board.
20    (c) A charter may be revoked or not renewed if the local
21school board or the State Board or Commission, as the
22chartering entity, clearly demonstrates that the charter
23school did any of the following, or otherwise failed to comply
24with the requirements of this law:
25        (1) Committed a material violation of any of the
26    conditions, standards, or procedures set forth in the

 

 

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1    charter.
2        (2) Failed to meet or make reasonable progress toward
3    achievement of the content standards or pupil performance
4    standards identified in the charter.
5        (3) Failed to meet generally accepted standards of
6    fiscal management.
7        (4) Violated any provision of law from which the
8    charter school was not exempted.
9    In the case of revocation, the local school board or the
10State Board or Commission, as the chartering entity, shall
11notify the charter school in writing of the reason why the
12charter is subject to revocation. The charter school shall
13submit a written plan to the local school board or , the State
14Board, or the Commission, whichever is applicable, to rectify
15the problem. The plan shall include a timeline for
16implementation, which shall not exceed 2 years or the date of
17the charter's expiration, whichever is earlier. If the local
18school board or the State Board or Commission, as the
19chartering entity, finds that the charter school has failed to
20implement the plan of remediation and adhere to the timeline,
21then the chartering entity shall revoke the charter. Except in
22situations of an emergency where the health, safety, or
23education of the charter school's students is at risk, the
24revocation shall take place at the end of a school year.
25Nothing in this Section Public Act 96-105 shall be construed
26to prohibit an implementation timetable that is less than 2

 

 

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1years in duration. No local school board may arbitrarily or
2capriciously revoke or not renew a charter. Except for
3extenuating circumstances outlined in this Section, if a local
4school board revokes or does not renew a charter, it must
5ensure that all students currently enrolled in the charter
6school are placed in schools that are higher performing than
7that charter school, as defined in the State's federal Every
8Student Succeeds Act accountability plan. In determining
9whether extenuating circumstances exist, a local school board
10must detail, by clear and convincing evidence, that factors
11unrelated to the charter school's accountability designation
12outweigh the charter school's academic performance.
13    (d) (Blank).
14    (e) Notice of a local school board's decision to deny,
15revoke, or not renew a charter shall be provided to the
16Commission and the State Board. Until July 1, 2020, the
17Commission may reverse a local board's decision to not renew a
18charter if the Commission finds that the charter school or
19charter school proposal (i) is in compliance with this
20Article, and (ii) is in the best interests of the students it
21is designed to serve. The Commission may condition the
22granting of an appeal on the acceptance by the charter school
23of funding in an amount less than that requested in the
24proposal submitted to the local school board. Final decisions
25of the Commission shall be subject to judicial review under
26the Administrative Review Law.

 

 

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1    The State Board may reverse a local board's decision to
2revoke or, beginning on July 1, 2020, not renew a charter if
3the State Board finds that the charter school or charter
4school proposal (i) is in compliance with this Article and
5(ii) is in the best interests of the students it is designed to
6serve. The State Board may condition the granting of an appeal
7on the acceptance by the charter school of funding in an amount
8less than that requested in the proposal submitted to the
9local school board. The State Board must appoint and utilize a
10hearing officer for any appeals conducted under this
11subsection. Final decisions of the State Board are subject to
12judicial review under the Administrative Review Law.
13    (f) Notwithstanding other provisions of this Article, if
14the State Board Commission on appeal reverses a local board's
15decision or if a charter school is approved by referendum, the
16State Board Commission shall act as the authorized chartering
17entity for the charter school. The Commission shall approve
18the charter and shall perform all functions under this Article
19otherwise performed by the local school board. The State Board
20shall determine whether the charter proposal approved by the
21Commission is consistent with the provisions of this Article
22and, if the approved proposal complies, certify the proposal
23pursuant to this Article. The State Board shall report the
24aggregate number of charter school pupils resident in a school
25district to that district and shall notify the district of the
26amount of funding to be paid by the State Board to the charter

 

 

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1school enrolling such students. The charter school shall
2maintain accurate records of daily attendance and student
3enrollment and shall enter data on the students served, their
4characteristics, their particular needs, the programs in which
5they participate, and their academic achievement into the
6statewide student information system established by the State
7Board. The Commission shall require the charter school to
8maintain accurate records of daily attendance that shall be
9deemed sufficient to file claims under Section 18-8.15
10notwithstanding any other requirements of that Section. The
11State Board shall withhold from funds otherwise due the
12district the funds authorized by this Article to be paid to the
13charter school and shall pay such amounts to the charter
14school in quarterly installments, calculated as follows: .
15        (1) The amount of the first quarterly payment shall be
16    based on the projected number of students who will be
17    enrolled in the charter school in the upcoming school
18    year, multiplied by one-fourth of the resident district's
19    per capita tuition amount. Each charter school shall
20    submit its projected enrollment by no later than August 1
21    of each year on a form provided by the State Board for this
22    purpose.
23        (2) The amount of the second quarterly payment shall
24    be calculated such that the aggregate amount of the first
25    and second quarterly installments is equal to the number
26    of students reported as enrolled at the charter school on

 

 

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1    October 1 in the State Board's student information system,
2    multiplied by one-half of the resident district's per
3    capita tuition amount.
4        (3) The amount of the third quarterly payment shall be
5    based on the number of students enrolled in the charter
6    school on January 1, multiplied by one-fourth of the
7    resident district's per capita tuition amount. Each
8    charter school shall submit its January 1 enrollment by no
9    later than January 5 of each year on a form provided by the
10    State Board for this purpose.
11        (4) The amount of the fourth quarterly payment shall
12    be calculated such that the aggregate amount of the third
13    and fourth installments is equal to the number of students
14    reported as enrolled at the charter school on March 1 in
15    the State Board's student information system, multiplied
16    by one-half of the resident district's per capita tuition
17    amount.
18    (g) (Blank). For charter schools authorized by the
19Commission, the Commission shall quarterly certify to the
20State Board the student enrollment for each of its charter
21schools.
22    (h) The For charter schools authorized by the Commission,
23the State Board shall pay directly to a charter school it
24authorizes any federal or State funding aid attributable to a
25student with a disability attending the school.
26(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

 

 

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1101-543, eff. 8-23-19.)
 
2    (105 ILCS 5/27A-10)
3    Sec. 27A-10. Employees.
4    (a) A person shall be deemed to be employed by a charter
5school unless a collective bargaining agreement or the charter
6school contract otherwise provides.
7    (b) In all school districts, including special charter
8districts and districts located in cities having a population
9exceeding 500,000, the local school board shall determine by
10policy or by negotiated agreement, if one exists, the
11employment status of any school district employees who are
12employed by a charter school and who seek to return to
13employment in the public schools of the district. Each local
14school board shall grant, for a period of up to 5 years, a
15leave of absence to those of its teachers who accept
16employment with a charter school. At the end of the authorized
17leave of absence, the teacher must return to the school
18district or resign; provided that if the teacher chooses to
19return to the school district, the teacher must be assigned to
20a position that requires the teacher's licensure and legal
21qualifications. The contractual continued service status and
22retirement benefits of a teacher of the district who is
23granted a leave of absence to accept employment with a charter
24school shall not be affected by that leave of absence.
25    (c) Charter schools shall employ in instructional

 

 

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1positions, as defined in the charter, individuals who are
2licensed under Article 21B of this Code or who possess the
3following qualifications:
4        (i) graduated with a bachelor's degree from an
5    accredited institution of higher learning;
6        (ii) been employed for a period of at least 5 years in
7    an area requiring application of the individual's
8    education;
9        (iii) passed a content area knowledge test required
10    under Section 21B-30 of this Code; and
11        (iv) demonstrate continuing evidence of professional
12    growth, which shall include, but not be limited to,
13    successful teaching experience, attendance at professional
14    meetings, membership in professional organizations,
15    additional credits earned at institutions of higher
16    learning, travel specifically for educational purposes,
17    and reading of professional books and periodicals.
18    (c-5) Charter schools employing individuals without
19licensure in instructional positions shall provide such
20mentoring, training, and staff development for those
21individuals as the charter schools determine necessary for
22satisfactory performance in the classroom.
23    At least 50% of the individuals employed in instructional
24positions by a charter school that is operating in a city
25having a population exceeding 500,000 and that is established
26on or after April 16, 2003 shall hold teaching licenses issued

 

 

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1under Article 21B of this Code.
2    At least 75% of the individuals employed in instructional
3positions by a charter school that is operating in a city
4having a population exceeding 500,000 and that was established
5before April 16, 2003 shall hold teaching licenses issued
6under Article 21B of this Code.
7    (c-10) At Notwithstanding any provision in subsection
8(c-5) to the contrary, in any charter school established
9before, on, or after July 30, 2009 (the effective date of
10Public Act 96-105), at least 75% of the individuals employed
11in instructional positions by the charter school shall hold
12teaching licenses issued under Article 21B of this Code.
13Charter schools may employ non-licensed staff in all other
14positions.
15    (c-15) Charter schools are exempt from any annual cap on
16new participants in an alternative educator licensure program.
17The second and third phases of the program may be conducted and
18completed at the charter school, and the alternative
19provisional educator endorsement is valid for 4 years or the
20length of the charter (or any extension of the charter),
21whichever is longer.
22    (d) A teacher at a charter school may resign his or her
23position only if the teacher gives notice of resignation to
24the charter school's governing body at least 60 days before
25the end of the school term, and the resignation must take
26effect immediately upon the end of the school term.

 

 

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1(Source: P.A. 101-220, eff. 8-7-19; 101-594, eff. 12-5-19.)
 
2    (105 ILCS 5/27A-10.5)
3    Sec. 27A-10.5. Educational or charter management
4organization.
5    (a) In this Section:
6    "CMO" means a charter management organization.
7    "EMO" means an educational management organization.
8    (b) All authorizers shall ensure that any charter school
9established on or after January 1, 2015 the effective date of
10this amendatory Act of the 98th General Assembly has a
11governing body that is separate and distinct from the
12governing body of any CMO or EMO. In reviewing charter
13applications and charter renewal applications, authorizers
14shall review the governance model proposed by the applicant to
15ensure that there are no conflicts of interest.
16    (c) No charter school may employ a staff person who is
17simultaneously employed by an EMO or CMO.
18(Source: P.A. 98-783, eff. 1-1-15.)
 
19    (105 ILCS 5/27A-10.10)
20    Sec. 27A-10.10. Closure of charter school; unspent public
21funds; procedures for the disposition of property and assets.
22    (a) Upon the closing of a charter school authorized by one
23or more local school boards, the governing body of the charter
24school or its designee shall refund to the chartering entity

 

 

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1or entities all unspent public funds. The charter school's
2other property and assets shall be disposed of under the
3provisions of the charter application and contract. If the
4application and contract are silent or ambiguous as to the
5disposition of any of the school's property or assets, any
6property or assets of the charter school purchased with public
7funds shall be returned to the school district or districts
8from which the charter school draws enrollment, at no cost to
9the receiving district or districts, subject to each
10district's acceptance of the property or asset. Any unspent
11public funds or other property or assets received by the
12charter school directly from any State or federal agency shall
13be refunded to or revert back to that State or federal agency,
14respectively.
15    (b) Upon the closing of a charter school authorized by the
16State Board Commission, the governing body of the charter
17school or its designee shall refund all unspent public funds
18to the State Board of Education. The charter school's other
19property and assets shall be disposed of under the provisions
20of the charter application and contract. If the application
21and contract are silent or ambiguous as to the disposition of
22any of the school's property or assets, any property or assets
23of the charter school purchased with public funds shall be
24returned to the school district or districts from which the
25charter school draws its enrollment, at no cost to the
26receiving district or districts, subject to each district's

 

 

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1acceptance of the property or asset. Any unspent public funds
2or other property or assets provided by a State agency other
3than the State Board of Education or by a federal agency shall
4be refunded to or revert back to that State or federal agency,
5respectively.
6    (c) If a determination is made to close a charter school
7located within the boundaries of a school district organized
8under Article 34 of this Code for at least one school year, the
9charter school shall give at least 60 days' notice of the
10closure to all affected students and parents or legal
11guardians.
12(Source: P.A. 100-179, eff. 8-18-17.)
 
13    (105 ILCS 5/27A-11)
14    Sec. 27A-11. Local financing.
15    (a) For purposes of the School Code, pupils enrolled in a
16charter school shall be included in the pupil enrollment of
17the school district within which the pupil resides. Each
18charter school (i) shall determine the school district in
19which each pupil who is enrolled in the charter school
20resides, (ii) shall report the aggregate number of pupils
21resident of a school district who are enrolled in the charter
22school to the school district in which those pupils reside,
23and (iii) shall maintain accurate records of daily attendance
24that shall be deemed sufficient to file claims under Section
2518-8 or 18-8.15 notwithstanding any other requirements of that

 

 

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1Section regarding hours of instruction and teacher licensure
2certification.
3    (b) Except for a charter school established by referendum
4under Section 27A-6.5, as part of a charter school contract,
5the charter school and the local school board shall agree on
6funding and any services to be provided by the school district
7to the charter school. Agreed funding that a charter school is
8to receive from the local school board for a school year shall
9be paid in equal quarterly installments with the payment of
10the installment for the first quarter being made not later
11than July 1, unless the charter establishes a different
12payment schedule. However, if a charter school dismisses a
13pupil from the charter school after receiving a quarterly
14payment, the charter school shall return to the school
15district, on a quarterly basis, the prorated portion of public
16funding provided for the education of that pupil for the time
17the student is not enrolled at the charter school. Likewise,
18if a pupil transfers to a charter school between quarterly
19payments, the school district shall provide, on a quarterly
20basis, a prorated portion of the public funding to the charter
21school to provide for the education of that pupil.
22    All services centrally or otherwise provided by the school
23district including, but not limited to, rent, food services,
24custodial services, maintenance, curriculum, media services,
25libraries, transportation, and warehousing shall be subject to
26negotiation between a charter school and the local school

 

 

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1board and paid for out of the revenues negotiated pursuant to
2this subsection (b); provided that the local school board
3shall not attempt, by negotiation or otherwise, to obligate a
4charter school to provide pupil transportation for pupils for
5whom a district is not required to provide transportation
6under the criteria set forth in subsection (a)(13) of Section
727A-7.
8    In no event shall the funding be less than 97% or more than
9103% of the school district's per capita student tuition
10multiplied by the number of students residing in the district
11who are enrolled in the charter school.
12    It is the intent of the General Assembly that funding and
13service agreements under this subsection (b) shall be neither
14a financial incentive nor a financial disincentive to the
15establishment of a charter school.
16    The charter school may set and collect reasonable fees.
17Fees collected from students enrolled at a charter school
18shall be retained by the charter school.
19    (c) Notwithstanding subsection (b) of this Section, the
20proportionate share of State and federal resources generated
21by students with disabilities or staff serving them shall be
22directed to charter schools enrolling those students by their
23school districts or administrative units. The proportionate
24share of moneys generated under other federal or State
25categorical aid programs shall be directed to charter schools
26serving students eligible for that aid.

 

 

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1    (d) The governing body of a charter school is authorized
2to accept gifts, donations, or grants of any kind made to the
3charter school and to expend or use gifts, donations, or
4grants in accordance with the conditions prescribed by the
5donor; however, a gift, donation, or grant may not be accepted
6by the governing body if it is subject to any condition
7contrary to applicable law or contrary to the terms of the
8contract between the charter school and the local school
9board. Charter schools shall be encouraged to solicit and
10utilize community volunteer speakers and other instructional
11resources when providing instruction on the Holocaust and
12other historical events.
13    (e) (Blank).
14    (f) (Blank). The Commission shall provide technical
15assistance to persons and groups preparing or revising charter
16applications.
17    (g) At the non-renewal or revocation of its charter, each
18charter school shall refund to the local board of education
19all unspent funds.
20    (h) A charter school is authorized to incur temporary,
21short term debt to pay operating expenses in anticipation of
22receipt of funds from the local school board.
23(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
 
24    (105 ILCS 5/27A-11.5)
25    Sec. 27A-11.5. State financing. The State Board of

 

 

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1Education shall make the following funds available to school
2districts and charter schools:
3        (1) From a separate appropriation made to the State
4    Board for purposes of this subdivision (1), the State
5    Board shall make transition impact aid available to school
6    districts that approve a new charter school or that have
7    funds withheld by the State Board to fund a new charter
8    school that is chartered by the Commission. The amount of
9    the aid shall equal 90% of the per capita funding paid to
10    the charter school during the first year of its initial
11    charter term, 65% of the per capita funding paid to the
12    charter school during the second year of its initial term,
13    and 35% of the per capita funding paid to the charter
14    school during the third year of its initial term. This
15    transition impact aid shall be paid to the local school
16    board in equal quarterly installments, with the payment of
17    the installment for the first quarter being made by August
18    1st immediately preceding the first, second, and third
19    years of the initial term. The district shall file an
20    application for this aid with the State Board in a format
21    designated by the State Board. If the appropriation is
22    insufficient in any year to pay all approved claims, the
23    impact aid shall be prorated. However, for fiscal year
24    2004, the State Board of Education shall pay approved
25    claims only for charter schools with a valid charter
26    granted prior to June 1, 2003. If any funds remain after

 

 

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1    these claims have been paid, then the State Board of
2    Education may pay all other approved claims on a pro rata
3    basis. Transition impact aid shall be paid beginning in
4    the 1999-2000 school year for charter schools that are in
5    the first, second, or third year of their initial term.
6    Transition impact aid shall not be paid for any charter
7    school that is proposed and created by one or more boards
8    of education, as authorized under subsection (b) of
9    Section 27A-7 the provisions of Public Act 91-405.
10        (2) From a separate appropriation made for the purpose
11    of this subdivision (2), the State Board shall make grants
12    to charter schools to pay their start-up costs of
13    acquiring educational materials and supplies, textbooks,
14    electronic textbooks and the technological equipment
15    necessary to gain access to and use electronic textbooks,
16    furniture, and other equipment or materials needed during
17    their initial term. The State Board shall annually
18    establish the time and manner of application for these
19    grants, which shall not exceed $250 per student enrolled
20    in the charter school.
21        (3) The Charter Schools Revolving Loan Fund is created
22    as a special fund in the State treasury. Federal funds,
23    such other funds as may be made available for costs
24    associated with the establishment of charter schools in
25    Illinois, and amounts repaid by charter schools that have
26    received a loan from the Charter Schools Revolving Loan

 

 

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1    Fund shall be deposited into the Charter Schools Revolving
2    Loan Fund, and the moneys in the Charter Schools Revolving
3    Loan Fund shall be appropriated to the State Board and
4    used to provide interest-free loans to charter schools.
5    These funds shall be used to pay start-up costs of
6    acquiring educational materials and supplies, textbooks,
7    electronic textbooks and the technological equipment
8    necessary to gain access to and use electronic textbooks,
9    furniture, and other equipment or materials needed in the
10    initial term of the charter school and for acquiring and
11    remodeling a suitable physical plant, within the initial
12    term of the charter school. Loans shall be limited to one
13    loan per charter school and shall not exceed $750 per
14    student enrolled in the charter school. A loan shall be
15    repaid by the end of the initial term of the charter
16    school. The State Board may deduct amounts necessary to
17    repay the loan from funds due to the charter school or may
18    require that the local school board that authorized the
19    charter school deduct such amounts from funds due the
20    charter school and remit these amounts to the State Board,
21    provided that the local school board shall not be
22    responsible for repayment of the loan. The State Board may
23    use up to 3% of the appropriation to contract with a
24    non-profit entity to administer the loan program.
25        (4) A charter school may apply for and receive,
26    subject to the same restrictions applicable to school

 

 

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1    districts, any grant administered by the State Board that
2    is available for school districts.
3    If a charter school fails to make payments toward
4administrative costs, the State Board may withhold State funds
5from that school until it has made all payments for those
6costs.
7(Source: P.A. 101-543, eff. 8-23-19.)
 
8    (105 ILCS 5/27A-12)
9    Sec. 27A-12. Evaluation; report. On or before September 30
10of every odd-numbered year, all local school boards with at
11least one charter school, as well as the Commission, shall
12submit to the State Board any information required by the
13State Board pursuant to applicable rule. On or before the
14second Wednesday in January of every even-numbered year, the
15State Board shall issue a report to the General Assembly and
16the Governor on its findings for the previous 2 school years.
17The State Board's report shall summarize all of the following:
18        (1) The authorizer's strategic vision for chartering
19    and progress toward achieving that vision.
20        (2) The academic and financial performance of all
21    operating charter schools overseen by the authorizer,
22    according to the performance expectations for charter
23    schools set forth in this Article.
24        (3) The status of the authorizer's charter school
25    portfolio, identifying all charter schools in each of the

 

 

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1    following categories: approved (but not yet open),
2    operating, renewed, transferred, revoked, not renewed,
3    voluntarily closed, or never opened.
4        (4) The authorizing functions provided by the
5    authorizer to the charter schools under its purview,
6    including the authorizer's operating costs and expenses
7    detailed in annual audited financial statements, which
8    must conform with generally accepted accounting
9    principles.
10    Further, in the report required by this Section, the State
11Board (i) shall compare the performance of charter school
12pupils with the performance of ethnically and economically
13comparable groups of pupils in other public schools who are
14enrolled in academically comparable courses, (ii) shall review
15information regarding the regulations and policies from which
16charter schools were released to determine if the exemptions
17assisted or impeded the charter schools in meeting their
18stated goals and objectives, and (iii) shall include suggested
19changes in State law necessary to strengthen charter schools.
20    In addition, the State Board shall undertake and report on
21periodic evaluations of charter schools that include
22evaluations of student academic achievement, the extent to
23which charter schools are accomplishing their missions and
24goals, the sufficiency of funding for charter schools, and the
25need for changes in the approval process for charter schools.
26    Based on the information that the State Board receives

 

 

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1from authorizers and the State Board's ongoing monitoring of
2both charter schools and authorizers, the State Board has the
3power to remove the power to authorize from any authorizer in
4this State if the authorizer does not demonstrate a commitment
5to high-quality authorization practices and, if necessary,
6revoke the chronically low-performing charters authorized by
7the authorizer at the time of the removal. The State Board
8shall adopt rules as needed to carry out this power, including
9provisions to determine the status of schools authorized by an
10authorizer whose authorizing power is revoked.
11(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
 
12    (105 ILCS 5/27A-13)
13    Sec. 27A-13. Rules. The State Board of Education is
14authorized to adopt any rules not inconsistent with this
15Article that it deems necessary to implement and accomplish
16the purposes and provisions of this Article.
17(Source: P.A. 89-450, eff. 4-10-96.)
 
18    (105 ILCS 5/34-18.20)
19    Sec. 34-18.20. Time out, isolated time out, restraint, and
20necessities; limitations and prohibitions.
21    (a) The General Assembly finds and declares that the use
22of isolated time out, time out, and physical restraint on
23children and youth carries risks to the health and safety of
24students and staff; therefore, the ultimate goal is to reduce

 

 

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1and eventually eliminate the use of those interventions. The
2General Assembly also finds and declares that the State Board
3of Education must take affirmative action to lead and support
4schools in transforming the school culture to reduce and
5eliminate the use of all such interventions over time.
6    (b) In this Section:
7    "Chemical restraint" means the use of medication to
8control a student's behavior or to restrict a student's
9freedom of movement. "Chemical restraint" does not include
10medication that is legally prescribed and administered as part
11of a student's regular medical regimen to manage behavioral
12symptoms and treat medical symptoms.
13    "Isolated time out" means the involuntary confinement of a
14student alone in a time out room or other enclosure outside of
15the classroom without a supervising adult in the time out room
16or enclosure.
17    "Isolated time out" or "time out" does not include a
18student-initiated or student-requested break, a
19student-initiated sensory break or a teacher-initiated sensory
20break that may include a sensory room containing sensory tools
21to assist a student to calm and de-escalate, an in-school
22suspension or detention, or any other appropriate disciplinary
23measure, including the student's brief removal to the hallway
24or similar environment.
25    "Mechanical restraint" means the use of any device or
26equipment to limit a student's movement or to hold a student

 

 

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1immobile. "Mechanical restraint" does not include any
2restraint used to (i) treat a student's medical needs; (ii)
3protect a student who is known to be at risk of injury
4resulting from a lack of coordination or frequent loss of
5consciousness; (iii) position a student with physical
6disabilities in a manner specified in the student's
7individualized education program, federal Section 504 plan, or
8other plan of care; (iv) provide a supplementary aid, service,
9or accommodation, including, but not limited to, assistive
10technology that provides proprioceptive input or aids in
11self-regulation; or (v) promote student safety in vehicles
12used to transport students.
13    "Physical restraint" or "restraint" means holding a
14student or otherwise restricting a student's movements.
15"Physical restraint" or "restraint" does not include momentary
16periods of physical restriction by direct person to person
17contact, without the aid of material or mechanical devices,
18that are accomplished with limited force and that are designed
19to prevent a student from completing an act that would result
20in potential physical harm to himself, herself, or another or
21damage to property.
22    "Prone physical restraint" means a physical restraint in
23which a student is held face down on the floor or other surface
24and physical pressure is applied to the student's body to keep
25the student in the prone position.
26    "Time out" means a behavior management technique for the

 

 

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1purpose of calming or de-escalation that involves the
2involuntary monitored separation of a student from classmates
3with a trained adult for part of the school day, only for a
4brief time, in a nonlocked setting.
5    (c) Isolated time out, time out, and physical restraint,
6other than prone physical restraint, may be used only if (i)
7the student's behavior presents an imminent danger of serious
8physical harm to the student or to others; (ii) other less
9restrictive and intrusive measures have been tried and have
10proven to be ineffective in stopping the imminent danger of
11serious physical harm; (iii) there is no known medical
12contraindication to its use on the student; and (iv) the
13school staff member or members applying the use of time out,
14isolated time out, or physical restraint on a student have
15been trained in its safe application, as established by rule
16by the State Board of Education. Isolated time out is allowed
17only under limited circumstances as set forth in this Section.
18If all other requirements under this Section are met, isolated
19time out may be used only if the adult in the time out room or
20enclosure is in imminent danger of serious physical harm
21because the student is unable to cease actively engaging in
22extreme physical aggression.
23    Mechanical restraint and chemical restraint are
24prohibited. Prone restraint is prohibited except when all of
25the following conditions are satisfied:
26        (1) The student's Behavior Intervention Plan

 

 

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1    specifically allows for prone restraint of the student.
2        (2) The Behavior Intervention Plan was put into place
3    before January 1, 2021.
4        (3) The student's Behavior Intervention Plan has been
5    approved by the IEP team.
6        (4) The school staff member or staff members applying
7    the use of prone restraint on a student have been trained
8    in its safe application as established by rule by the
9    State Board of Education.
10        (5) The school must be able to document and
11    demonstrate to the IEP team that the use of other
12    de-escalation techniques provided for in the student's
13    Behavior Intervention Plan were ineffective.
14        (6) The use of prone restraint occurs within the
15    school years of 2021-2022 school year and 2022-2023.
16All instances of the utilization of prone restraint must be
17reported in accordance with the provisions of this amendatory
18Act of the 102nd General Assembly. Nothing in this Section
19shall prohibit the State Board of Education from adopting
20administrative rules that further restrict or disqualify the
21use of prone restraint.
22    (d) The use of any of the following rooms or enclosures for
23an isolated time out or time out purposes is prohibited:
24        (1) a locked room or a room in which the door is
25    obstructed, prohibiting it from opening;
26        (2) a confining space such as a closet or box;

 

 

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1        (3) a room where the student cannot be continually
2    observed; or
3        (4) any other room or enclosure or time out procedure
4    that is contrary to current rules adopted by the State
5    Board of Education.
6    (e) The deprivation of necessities needed to sustain the
7health of a person, including, without limitation, the denial
8or unreasonable delay in the provision of the following, is
9prohibited:
10        (1) food or liquid at a time when it is customarily
11    served;
12        (2) medication; or
13        (3) the use of a restroom.
14    (f) (Blank).
15    (g) Following each incident of isolated time out, time
16out, or physical restraint, but no later than 2 school days
17after the incident, the principal or another designated
18administrator shall notify the student's parent or guardian
19that he or she may request a meeting with appropriate school
20personnel to discuss the incident. This meeting shall be held
21separate and apart from meetings held in accordance with the
22student's individualized education program or from meetings
23held in accordance with the student's plan for services under
24Section 504 of the federal Rehabilitation Act of 1973. If a
25parent or guardian requests a meeting, the meeting shall be
26convened within 2 school days after the request, provided that

 

 

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1the 2-school day limitation shall be extended if requested by
2the parent or guardian. The parent or guardian may also
3request that the meeting be convened via telephone or video
4conference.
5    The meeting shall include the student, if appropriate, at
6least one school staff member involved in the incident of
7isolated time out, time out, or physical restraint, the
8student's parent or guardian, and at least one appropriate
9school staff member not involved in the incident of isolated
10time out, time out, or physical restraint, such as a social
11worker, psychologist, nurse, or behavioral specialist. During
12the meeting, the school staff member or members involved in
13the incident of isolated time out, time out, or physical
14restraint, the student, and the student's parent or guardian,
15if applicable, shall be provided an opportunity to describe
16(i) the events that occurred prior to the incident of isolated
17time out, time out, or physical restraint and any actions that
18were taken by school personnel or the student leading up to the
19incident; (ii) the incident of isolated time out, time out, or
20physical restraint; and (iii) the events that occurred or the
21actions that were taken following the incident of isolated
22time out, time out, or physical restraint and whether the
23student returned to regular school activities and, if not, how
24the student spent the remainder of the school day. All parties
25present at the meeting shall have the opportunity to discuss
26what school personnel could have done differently to avoid the

 

 

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1incident of isolated time out, time out, or physical restraint
2and what alternative courses of action, if any, the school can
3take to support the student and to avoid the future use of
4isolated time out, time out, or physical restraint. At no
5point may a student be excluded from school solely because a
6meeting has not occurred.
7    A summary of the meeting and any agreements or conclusions
8reached during the meeting shall be documented in writing and
9shall become part of the student's school record. A copy of the
10documents shall be provided to the student's parent or
11guardian. If a parent or guardian does not request a meeting
12within 10 school days after the school has provided the
13documents to the parent or guardian or if a parent or guardian
14fails to attend a requested meeting, that fact shall be
15documented as part of the student's school record.
16    (h) Whenever isolated time out, time out, or physical
17restraint is used, school personnel shall fully document and
18report to the State Board of Education the incident, including
19the events leading up to the incident, what alternative
20measures that are less restrictive and intrusive were used
21prior to the use of isolated time out, time out, or physical
22restraint, why those measures were ineffective or deemed
23inappropriate, the type of restraint, isolated time out, or
24time out that was used, the length of time the student was in
25isolated time out or time out or was restrained, and the staff
26involved. The parents or guardian of a student and the State

 

 

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1Superintendent of Education shall be informed whenever
2isolated time out, time out, or physical restraint is used.
3    Schools shall provide parents and guardians with the
4following information, to be developed by the State Board and
5which may be incorporated into the State Board's prescribed
6physical restraint and time out form at the discretion of the
7State Board, after each incident in which isolated time out,
8time out, or physical restraint is used during the school
9year, in printed form or, upon the written request of the
10parent or guardian, by email:
11        (1) a copy of the standards for when isolated time
12    out, time out, and physical restraint can be used;
13        (2) information about the rights of parents,
14    guardians, and students; and
15        (3) information about the parent's or guardian's right
16    to file a complaint with the State Superintendent of
17    Education, the complaint process, and other information to
18    assist the parent or guardian in navigating the complaint
19    process.
20    (i) Any use of isolated time out, time out, or physical
21restraint that is permitted by the board's policy shall be
22implemented in accordance with written procedures.
23(Source: P.A. 102-339, eff. 8-13-21.)
 
24    (105 ILCS 5/34-18.61)
25    Sec. 34-18.61. Self-administration of medication.

 

 

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1    (a) In this Section, "asthma action plan" has the meaning
2given to that term under Section 22-30.
3    (b) Notwithstanding any other provision of law, the school
4district must allow any student with an asthma action plan, an
5Individual Health Care Action Plan, an allergy emergency
6action plan Illinois Food Allergy Emergency Action Plan and
7Treatment Authorization Form, a plan pursuant to Section 504
8of the federal Rehabilitation Act of 1973, or a plan pursuant
9to the federal Individuals with Disabilities Education Act to
10self-administer any medication required under those plans if
11the student's parent or guardian provides the school district
12with (i) written permission for the student's
13self-administration of medication and (ii) written
14authorization from the student's physician, physician
15assistant, or advanced practice registered nurse for the
16student to self-administer the medication. A parent or
17guardian must also provide to the school district the
18prescription label for the medication, which must contain the
19name of the medication, the prescribed dosage, and the time or
20times at which or the circumstances under which the medication
21is to be administered. Information received by the school
22district under this subsection shall be kept on file in the
23office of the school nurse or, in the absence of a school
24nurse, the school's administrator.
25    (c) The school district must adopt an emergency action
26plan for a student who self-administers medication under

 

 

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1subsection (b). The plan must include both of the following:
2        (1) A plan of action in the event a student is unable
3    to self-administer medication.
4        (2) The situations in which a school must call 9-1-1.
5    (d) The school district and its employees and agents shall
6incur no liability, except for willful and wanton conduct, as
7a result of any injury arising from the self-administration of
8medication by a student under subsection (b). The student's
9parent or guardian must sign a statement to this effect, which
10must acknowledge that the parent or guardian must indemnify
11and hold harmless the school district and its employees and
12agents against any claims, except a claim based on willful and
13wanton conduct, arising out of the self-administration of
14medication by a student.
15(Source: P.A. 101-205, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
16    (105 ILCS 5/2-3.10 rep.)
17    (105 ILCS 5/2-3.25e-5 rep.)
18    (105 ILCS 5/2-3.143 rep.)
19    (105 ILCS 5/13B-35.10 rep.)
20    (105 ILCS 5/13B-35.15 rep.)
21    (105 ILCS 5/13B-35.20 rep.)
22    Section 15. The School Code is amended by repealing
23Sections 2-3.10, 2-3.25e-5, 2-3.143, 13B-35.10, 13B-35.15, and
2413B-35.20.
 

 

 

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1    Section 20. The Educational Opportunity for Military
2Children Act is amended by changing Sections 20 and 40 as
3follows:
 
4    (105 ILCS 70/20)
5    Sec. 20. Definitions. For purposes of this Act:
6    "Active duty military personnel" means active duty members
7of the uniformed military services, including any of the
8following:
9        (1) Members of the National Guard and Reserve that are
10    on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C.
11    1211.
12        (2) Members or veterans of the uniformed services who
13    are severely injured and medically discharged or retired
14    for a period of one year after medical discharge or
15    retirement.
16        (3) Members of the uniformed services who die on
17    active duty for a period of one year after death.
18    "Non-custodial parent" means a person who has temporary
19custody of the child of any active duty military personnel and
20who is responsible for making decisions for that child.
21    "State Council" means the State Superintendent of
22Education or the State Superintendent's designee and
23additional individuals appointed by the Governor Illinois P-20
24Council and additional representatives appointed by the
25Illinois P-20 Council as provided under Section 40 of this

 

 

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1Act.
2(Source: P.A. 98-673, eff. 6-30-14.)
 
3    (105 ILCS 70/40)
4    Sec. 40. State coordination.
5    (a) Each member state of the Interstate Commission on
6Educational Opportunity for Military Children shall, through
7the creation of a State Council or use of an existing body or
8board, provide for the coordination among its agencies of
9government, local education agencies, and military
10installations concerning the State's participation in and
11compliance with the compact and Interstate Commission
12activities. The State Council shall be comprised of (i) the
13State Superintendent of Education or the State
14Superintendent's designee and (ii) the following individuals,
15who shall be appointed by the Governor for State Council
16membership: The State Council shall be comprised of the
17Illinois P-20 Council,
18        (1) one member of the General Assembly, recommended by
19    the Speaker of the House of Representatives;
20        (2) one member of the General Assembly, recommended by
21    the Minority Leader of the House of Representatives;
22        (3) one member of the General Assembly, recommended by
23    the President of the Senate;
24        (4) one member of the General Assembly, recommended by
25    Minority Leader of the Senate;

 

 

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1        (5) a representative from a school district associated
2    with U.S. Army Garrison - Rock Island Arsenal having the
3    highest percentage of students who are children of active
4    duty military personnel; ,
5        (6) a representative from a school district associated
6    with Scott Air Force Base having the highest percentage of
7    students who are children of active duty military
8    personnel; ,
9        (7) a representative from a school district associated
10    with Naval Station Great Lakes having the highest
11    percentage of students who are children of active duty
12    military personnel; and , a representative from the school
13    district with the highest percentage of students who are
14    children of active duty military personnel not already
15    represented in the State Council, and a non-voting
16        (8) a representative recommended appointed by each
17    active-duty military installation commander in this State.
18    Members appointed to the State Council must reflect, as
19much as possible, the racial, ethnic, and geographic diversity
20of this State.
21    (b) The compact commissioner responsible for the
22administration and management of the State's participation in
23the compact shall be appointed by the Governor from the
24membership of the State Council the State Council.
25(Source: P.A. 97-216, eff. 1-1-12; 98-673, eff. 6-30-14.)
 

 

 

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1    Section 25. The School Safety Drill Act is amended by
2changing Sections 5, 30, and 45 as follows:
 
3    (105 ILCS 128/5)
4    Sec. 5. Definitions. In this Act:
5    "First responder" means and includes all fire departments
6and districts, law enforcement agencies and officials,
7emergency medical responders, emergency medical dispatchers,
8and emergency management officials involved in the execution
9and documentation of the drills administered under this Act.
10    "School" means a public or private facility that offers
11elementary or secondary education to students under the age of
1221, a charter school authorized by the State Board of
13Education, or a special education cooperative. As used in this
14definition, "public facility" means a facility operated by the
15State or by a unit of local government. As used in this
16definition, "private facility" means any non-profit,
17non-home-based, non-public elementary or secondary school that
18is in compliance with Title VI of the Civil Rights Act of 1964
19and attendance at which satisfies the requirements of Section
2026-1 of the School Code. While more than one school may be
21housed in a facility, for purposes of this Act, the facility
22shall be considered a school. When a school has more than one
23location, for purposes of this Act, each different location
24shall be considered its own school.
25    "School district" means any public school district

 

 

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1established under the School Code, any program of a special
2education joint agreement established under Section 3-15.14,
310-22.31, or 10-22.31a of the School Code, or any charter
4school authorized by the State Board of Education in
5accordance with Section 27A-7.5 of the School Code.
6    "School safety drill" means a pre-planned exercise
7conducted by a school in accordance with the drills and
8requirements set forth in this Act.
9(Source: P.A. 102-894, eff. 5-20-22; 102-1006, eff. 1-1-23;
10revised 12-13-22.)
 
11    (105 ILCS 128/30)
12    Sec. 30. Reporting; duties of the State Fire Marshal,
13regional superintendents, and the State Board of Education.
14    (a) The State Board of Education Office of the State Fire
15Marshal shall accept, directly, one-page annual review
16compliance reports from private schools. The Office of the
17State Fire Marshal shall create a mechanism for the reporting
18and filing of these reports and give notice to the private
19schools as to how this reporting shall be made. The Office of
20the State Fire Marshal shall make these records available
21directly to the State Board of Education.
22    (b) Each regional superintendent of schools shall provide
23an annual school safety review compliance report to the State
24Board of Education as a part of its regular annual report to
25the State Board, which shall set forth those school districts

 

 

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1that have successfully completed their annual review and those
2school districts that have failed to complete their annual
3review. These reports shall be delivered to the State Board of
4Education on or before October 1 of each year.
5    (c) The State Board of Education shall create a mechanism
6for the reporting and filing of annual school safety review
7compliance reports and give notice to each regional
8superintendent of schools and private schools as to how to
9file reports. The State Board of Education shall file and
10maintain records of the annual school safety review compliance
11reports received from each of the regional superintendents of
12schools and private schools. The State Board shall be
13responsible for ensuring access to the records by the Office
14of the State Fire Marshal and other State agencies. The State
15Board shall provide an annual report to the Office of the
16Governor and the Office of the State Fire Marshal concerning
17the compliance of school districts and private schools with
18the annual school safety review requirement.
19(Source: P.A. 94-600, eff. 8-16-05.)
 
20    (105 ILCS 128/45)
21    Sec. 45. Threat assessment procedure.
22    (a) Each school district must implement a threat
23assessment procedure that may be part of a school board policy
24on targeted school violence prevention. The procedure must
25include the creation of a threat assessment team. The team

 

 

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1must include all of the following members:
2        (1) An administrator employed by the school district
3    or a special education cooperative that serves the school
4    district and is available to serve.
5        (2) A teacher employed by the school district or a
6    special education cooperative that serves the school
7    district and is available to serve.
8        (3) A school counselor employed by the school district
9    or a special education cooperative that serves the school
10    district and is available to serve.
11        (4) A school psychologist employed by the school
12    district or a special education cooperative that serves
13    the school district and is available to serve.
14        (5) A school social worker employed by the school
15    district or a special education cooperative that serves
16    the school district and is available to serve.
17        (6) At least one law enforcement official.
18    If a school district is unable to establish a threat
19assessment team with school district staff and resources, it
20may utilize a regional behavioral threat assessment and
21intervention team that includes mental health professionals
22and representatives from the State, county, and local law
23enforcement agencies.
24    (b) A school district shall establish the threat
25assessment team under this Section no later than 180 days
26after August 23, 2019 (the effective date of Public Act

 

 

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1101-455) this amendatory Act of the 101st General Assembly and
2must implement an initial threat assessment procedure no later
3than 120 days after August 23, 2019 (the effective date of
4Public Act 101-455) this amendatory Act of the 101st General
5Assembly. Each year prior to the start of the school year, the
6school board shall file the threat assessment procedure and a
7list identifying the members of the school district's threat
8assessment team or regional behavior threat assessment and
9intervention team with (i) a local law enforcement agency and
10(ii) the regional office of education or, with respect to a
11school district organized under Article 34 of the School Code,
12the State Board of Education.
13    (b-5) A charter school operating under a charter issued by
14a local board of education may adhere to the local board's
15threat assessment procedure or may implement its own threat
16assessment procedure in full compliance with the requirements
17of this Section. The charter agreement shall specify in detail
18how threat assessment procedures will be determined for the
19charter school.
20    (b-10) A special education cooperative operating under a
21joint agreement must implement its own threat assessment
22procedure in full compliance with the requirements of this
23Section, including the creation of a threat assessment team,
24which may consist of individuals employed by the member
25districts. The procedure must include actions the special
26education cooperative will take in partnership with its member

 

 

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1districts to address a threat.
2    (c) Any sharing of student information under this Section
3must comply with the federal Family Educational Rights and
4Privacy Act of 1974 and the Illinois School Student Records
5Act.
6    (d) (Blank). A charter school must follow the threat
7assessment procedures implemented by its authorizing school
8district or must implement its own threat assessment procedure
9that complies with this Section.
10(Source: P.A. 101-455, eff. 8-23-19; 102-791, eff. 5-13-22;
11102-894, eff. 5-20-22; revised 8-25-22.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.

 

 

HB3071- 237 -LRB103 30431 RJT 56861 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 65/20-15
4    105 ILCS 5/2-3.25afrom Ch. 122, par. 2-3.25a
5    105 ILCS 5/2-3.25bfrom Ch. 122, par. 2-3.25b
6    105 ILCS 5/2-3.25cfrom Ch. 122, par. 2-3.25c
7    105 ILCS 5/2-3.25d-5
8    105 ILCS 5/2-3.25ffrom Ch. 122, par. 2-3.25f
9    105 ILCS 5/2-3.25f-5
10    105 ILCS 5/2-3.130
11    105 ILCS 5/2-3.195
12    105 ILCS 5/10-22.21bfrom Ch. 122, par. 10-22.21b
13    105 ILCS 5/14-7.02from Ch. 122, par. 14-7.02
14    105 ILCS 5/18-8.15
15    105 ILCS 5/22-30
16    105 ILCS 5/27-23.1from Ch. 122, par. 27-23.1
17    105 ILCS 5/27A-3
18    105 ILCS 5/27A-4
19    105 ILCS 5/27A-5
20    105 ILCS 5/27A-6
21    105 ILCS 5/27A-7
22    105 ILCS 5/27A-7.5
23    105 ILCS 5/27A-7.10
24    105 ILCS 5/27A-9
25    105 ILCS 5/27A-10

 

 

HB3071- 238 -LRB103 30431 RJT 56861 b

1    105 ILCS 5/27A-10.5
2    105 ILCS 5/27A-10.10
3    105 ILCS 5/27A-11
4    105 ILCS 5/27A-11.5
5    105 ILCS 5/27A-12
6    105 ILCS 5/27A-13
7    105 ILCS 5/34-18.20
8    105 ILCS 5/34-18.61
9    105 ILCS 5/2-3.10 rep.
10    105 ILCS 5/2-3.25e-5 rep.
11    105 ILCS 5/2-3.143 rep.
12    105 ILCS 5/13B-35.10 rep.
13    105 ILCS 5/13B-35.15 rep.
14    105 ILCS 5/13B-35.20 rep.
15    105 ILCS 70/20
16    105 ILCS 70/40
17    105 ILCS 128/5
18    105 ILCS 128/30
19    105 ILCS 128/45