103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2337

 

Introduced 2/10/2023, by Sen. Mary Edly-Allen

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-17a  from Ch. 122, par. 10-17a
105 ILCS 5/14A-17
105 ILCS 5/14A-32

    Amends the School Boards Article of the School Code. In provisions regarding school report cards, provides that the number and the percentage of all students in grades kindergarten through 8, disaggregated by the students demographics who have (i) been assessed for placement in a gifted education program or accelerated placement, (ii) been enrolled in a gifted education program or in accelerated placement, and (iii) received direct instruction from a teacher who holds a gifted education endorsement, and the number and percentage of students in grades 9 through 12, disaggregated by the student demographics who have been enrolled in Advanced Placement, International Baccalaureate, or dual enrollment courses or any course designated as enriched or honors shall also be reported (instead of the number and percentage of all students who have been assessed for placement in a gifted education or advanced academic program and, of those students: (i) the racial and ethnic breakdown, (ii) the percentage who are classified as low-income, and (iii) the number and percentage of students who received direct instruction from a teacher who holds a gifted education endorsement and, of those students, the percentage who are classified as low-income). Amends the Gifted and Talented Children and Children Eligible for Accelerated Placement Article of the School Code. Provides that the required plan shall include specified evidence-based practices. Effective immediately.


LRB103 27217 RJT 53587 b

 

 

A BILL FOR

 

SB2337LRB103 27217 RJT 53587 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 School Code is amended by changing Sections
510-17a, 14A-17, and 14A-32 as follows:
 
6    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
7    Sec. 10-17a. State, school district, and school report
8cards.
9    (1) By October 31, 2013 and October 31 of each subsequent
10school year, the State Board of Education, through the State
11Superintendent of Education, shall prepare a State report
12card, school district report cards, and school report cards,
13and shall by the most economical means provide to each school
14district in this State, including special charter districts
15and districts subject to the provisions of Article 34, the
16report cards for the school district and each of its schools.
17Because of the impacts of the COVID-19 public health emergency
18during school year 2020-2021, the State Board of Education
19shall have until December 31, 2021 to prepare and provide the
20report cards that would otherwise be due by October 31, 2021.
21During a school year in which the Governor has declared a
22disaster due to a public health emergency pursuant to Section
237 of the Illinois Emergency Management Agency Act, the report

 

 

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1cards for the school districts and each of its schools shall be
2prepared by December 31.
3    (2) In addition to any information required by federal
4law, the State Superintendent shall determine the indicators
5and presentation of the school report card, which must
6include, at a minimum, the most current data collected and
7maintained by the State Board of Education related to the
8following:
9        (A) school characteristics and student demographics,
10    including average class size, average teaching experience,
11    student racial/ethnic breakdown, and the percentage of
12    students classified as low-income; the percentage of
13    students classified as English learners, the number of
14    students who graduate from a bilingual or English learner
15    program, and the number of students who graduate from,
16    transfer from, or otherwise leave bilingual programs; the
17    percentage of students who have individualized education
18    plans or 504 plans that provide for special education
19    services; the number and the percentage of all students in
20    grades kindergarten through 8, disaggregated by the
21    students demographics described in this paragraph (A), who
22    have (i) been assessed for placement in a gifted education
23    program or accelerated placement, (ii) been enrolled in a
24    gifted education program or in accelerated placement, and
25    (iii) received direct instruction from a teacher who holds
26    a gifted education endorsement; the number and percentage

 

 

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1    of students in grades 9 through 12, disaggregated by the
2    student demographics described in this paragraph (A), who
3    have been enrolled in Advanced Placement, International
4    Baccalaureate, or dual enrollment courses or any course
5    designated as enriched or honors; the number and
6    percentage of all students who have been assessed for
7    placement in a gifted education or advanced academic
8    program and, of those students: (i) the racial and ethnic
9    breakdown, (ii) the percentage who are classified as
10    low-income, and (iii) the number and percentage of
11    students who received direct instruction from a teacher
12    who holds a gifted education endorsement and, of those
13    students, the percentage who are classified as low-income;
14    the percentage of students scoring at the "exceeds
15    expectations" level on the assessments required under
16    Section 2-3.64a-5 of this Code; the percentage of students
17    who annually transferred in or out of the school district;
18    average daily attendance; the per-pupil operating
19    expenditure of the school district; and the per-pupil
20    State average operating expenditure for the district type
21    (elementary, high school, or unit);
22        (B) curriculum information, including, where
23    applicable, Advanced Placement, International
24    Baccalaureate or equivalent courses, dual enrollment
25    courses, foreign language classes, computer science
26    courses, school personnel resources (including Career

 

 

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1    Technical Education teachers), before and after school
2    programs, extracurricular activities, subjects in which
3    elective classes are offered, health and wellness
4    initiatives (including the average number of days of
5    Physical Education per week per student), approved
6    programs of study, awards received, community
7    partnerships, and special programs such as programming for
8    the gifted and talented, students with disabilities, and
9    work-study students;
10        (C) student outcomes, including, where applicable, the
11    percentage of students deemed proficient on assessments of
12    State standards, the percentage of students in the eighth
13    grade who pass Algebra, the percentage of students who
14    participated in workplace learning experiences, the
15    percentage of students enrolled in post-secondary
16    institutions (including colleges, universities, community
17    colleges, trade/vocational schools, and training programs
18    leading to career certification within 2 semesters of high
19    school graduation), the percentage of students graduating
20    from high school who are college and career ready, and the
21    percentage of graduates enrolled in community colleges,
22    colleges, and universities who are in one or more courses
23    that the community college, college, or university
24    identifies as a developmental course;
25        (D) student progress, including, where applicable, the
26    percentage of students in the ninth grade who have earned

 

 

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1    5 credits or more without failing more than one core
2    class, a measure of students entering kindergarten ready
3    to learn, a measure of growth, and the percentage of
4    students who enter high school on track for college and
5    career readiness;
6        (E) the school environment, including, where
7    applicable, high school dropout rate by grade level, the
8    percentage of students with less than 10 absences in a
9    school year, the percentage of teachers with less than 10
10    absences in a school year for reasons other than
11    professional development, leaves taken pursuant to the
12    federal Family Medical Leave Act of 1993, long-term
13    disability, or parental leaves, the 3-year average of the
14    percentage of teachers returning to the school from the
15    previous year, the number of different principals at the
16    school in the last 6 years, the number of teachers who hold
17    a gifted education endorsement, the process and criteria
18    used by the district to determine whether a student is
19    eligible for participation in a gifted education program,
20    in accelerated placement, or in another advanced academic
21    program and the manner in which parents and guardians are
22    made aware of the process and criteria, the number of
23    teachers who are National Board Certified Teachers,
24    disaggregated by race and ethnicity, 2 or more indicators
25    from any school climate survey selected or approved by the
26    State and administered pursuant to Section 2-3.153 of this

 

 

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1    Code, with the same or similar indicators included on
2    school report cards for all surveys selected or approved
3    by the State pursuant to Section 2-3.153 of this Code, the
4    combined percentage of teachers rated as proficient or
5    excellent in their most recent evaluation, and, beginning
6    with the 2022-2023 school year, data on the number of
7    incidents of violence that occurred on school grounds or
8    during school-related activities and that resulted in an
9    out-of-school suspension, expulsion, or removal to an
10    alternative setting, as reported pursuant to Section
11    2-3.162;
12        (F) a school district's and its individual schools'
13    balanced accountability measure, in accordance with
14    Section 2-3.25a of this Code;
15        (G) the total and per pupil normal cost amount the
16    State contributed to the Teachers' Retirement System of
17    the State of Illinois in the prior fiscal year for the
18    school's employees, which shall be reported to the State
19    Board of Education by the Teachers' Retirement System of
20    the State of Illinois;
21        (H) for a school district organized under Article 34
22    of this Code only, State contributions to the Public
23    School Teachers' Pension and Retirement Fund of Chicago
24    and State contributions for health care for employees of
25    that school district;
26        (I) a school district's Final Percent of Adequacy, as

 

 

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1    defined in paragraph (4) of subsection (f) of Section
2    18-8.15 of this Code;
3        (J) a school district's Local Capacity Target, as
4    defined in paragraph (2) of subsection (c) of Section
5    18-8.15 of this Code, displayed as a percentage amount;
6        (K) a school district's Real Receipts, as defined in
7    paragraph (1) of subsection (d) of Section 18-8.15 of this
8    Code, divided by a school district's Adequacy Target, as
9    defined in paragraph (1) of subsection (b) of Section
10    18-8.15 of this Code, displayed as a percentage amount;
11        (L) a school district's administrative costs;
12        (M) whether or not the school has participated in the
13    Illinois Youth Survey. In this paragraph (M), "Illinois
14    Youth Survey" means a self-report survey, administered in
15    school settings every 2 years, designed to gather
16    information about health and social indicators, including
17    substance abuse patterns and the attitudes of students in
18    grades 8, 10, and 12; and
19        (N) whether the school offered its students career and
20    technical education opportunities.
21    The school report card shall also provide information that
22allows for comparing the current outcome, progress, and
23environment data to the State average, to the school data from
24the past 5 years, and to the outcomes, progress, and
25environment of similar schools based on the type of school and
26enrollment of low-income students, special education students,

 

 

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1and English learners.
2    As used in this subsection (2):
3    "Accelerated placement" has the meaning ascribed to that
4term in Section 14A-17 of this Code.
5    "Administrative costs" means costs associated with
6executive, administrative, or managerial functions within the
7school district that involve planning, organizing, managing,
8or directing the school district.
9    "Advanced academic program" means a course of study,
10including, but not limited to, accelerated placement, advanced
11placement coursework, International Baccalaureate coursework,
12dual enrollment, or any course designated as enriched or
13honors, that a student is enrolled in to which students are
14assigned based on advanced cognitive ability or advanced
15academic achievement compared to local age peers and in which
16the curriculum is substantially differentiated from the
17general curriculum to provide appropriate challenge and pace.
18    "Computer science" means the study of computers and
19algorithms, including their principles, their hardware and
20software designs, their implementation, and their impact on
21society. "Computer science" does not include the study of
22everyday uses of computers and computer applications, such as
23keyboarding or accessing the Internet.
24    "Gifted education" means educational services, including
25differentiated curricula and instructional methods, designed
26to meet the needs of gifted children as defined in Article 14A

 

 

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1of this Code.
2    For the purposes of paragraph (A) of this subsection (2),
3"average daily attendance" means the average of the actual
4number of attendance days during the previous school year for
5any enrolled student who is subject to compulsory attendance
6by Section 26-1 of this Code at each school and charter school.
7    (3) At the discretion of the State Superintendent, the
8school district report card shall include a subset of the
9information identified in paragraphs (A) through (E) of
10subsection (2) of this Section, as well as information
11relating to the operating expense per pupil and other finances
12of the school district, and the State report card shall
13include a subset of the information identified in paragraphs
14(A) through (E) and paragraph (N) of subsection (2) of this
15Section. The school district report card shall include the
16average daily attendance, as that term is defined in
17subsection (2) of this Section, of students who have
18individualized education programs and students who have 504
19plans that provide for special education services within the
20school district.
21    (4) Notwithstanding anything to the contrary in this
22Section, in consultation with key education stakeholders, the
23State Superintendent shall at any time have the discretion to
24amend or update any and all metrics on the school, district, or
25State report card.
26    (5) Annually, no more than 30 calendar days after receipt

 

 

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1of the school district and school report cards from the State
2Superintendent of Education, each school district, including
3special charter districts and districts subject to the
4provisions of Article 34, shall present such report cards at a
5regular school board meeting subject to applicable notice
6requirements, post the report cards on the school district's
7Internet web site, if the district maintains an Internet web
8site, make the report cards available to a newspaper of
9general circulation serving the district, and, upon request,
10send the report cards home to a parent (unless the district
11does not maintain an Internet web site, in which case the
12report card shall be sent home to parents without request). If
13the district posts the report card on its Internet web site,
14the district shall send a written notice home to parents
15stating (i) that the report card is available on the web site,
16(ii) the address of the web site, (iii) that a printed copy of
17the report card will be sent to parents upon request, and (iv)
18the telephone number that parents may call to request a
19printed copy of the report card.
20    (6) Nothing contained in Public Act 98-648 repeals,
21supersedes, invalidates, or nullifies final decisions in
22lawsuits pending on July 1, 2014 (the effective date of Public
23Act 98-648) in Illinois courts involving the interpretation of
24Public Act 97-8.
25(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
26101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.

 

 

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11-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
2eff. 7-1-22; 102-813, eff. 5-13-22.)
 
3    (105 ILCS 5/14A-17)
4    Sec. 14A-17. Accelerated placement; advanced academic
5program. For purposes of this Article, "accelerated placement"
6means the placement of a child in an educational setting with
7curriculum that is usually reserved for children who are older
8or in higher grades than the child. "Accelerated placement"
9under this Article or other school district-adopted policies
10shall include, but need not be limited to, the following types
11of acceleration: early entrance to kindergarten or first
12grade, accelerating a child in a single subject, and grade
13acceleration.
14    "Advanced academic program" means a course of study,
15including, but not limited to, accelerated placement, advanced
16placement coursework, International Baccalaureate coursework,
17dual enrollment, or any course designated as enriched or
18honors, that a student is enrolled in based on the student's
19advanced cognitive ability or advanced academic achievement
20compared to local age peers and in which the curriculum is
21substantially differentiated from the general curriculum to
22provide appropriate challenge and pace.
23(Source: P.A. 100-421, eff. 7-1-18.)
 
24    (105 ILCS 5/14A-32)

 

 

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1    Sec. 14A-32. Accelerated placement; school district
2responsibilities.
3    (a) Each school district shall have a policy that allows
4for accelerated placement that includes or incorporates by
5reference the following components:
6        (1) a provision that provides that participation in
7    accelerated placement is not limited to those children who
8    have been identified as gifted and talented, but rather is
9    open to all children who demonstrate high ability and who
10    may benefit from accelerated placement;
11        (2) a fair and equitable decision-making process that
12    involves multiple persons and includes a student's parents
13    or guardians;
14        (3) procedures for notifying parents or guardians of a
15    child of a decision affecting that child's participation
16    in an accelerated placement program; and
17        (4) an assessment process that includes multiple
18    valid, reliable indicators.
19    (a-5) By no later than the beginning of the 2023-2024
20school year, a school district's accelerated placement policy
21shall allow for the automatic enrollment, in the following
22school term, of a student into the next most rigorous level of
23advanced coursework offered by the high school if the student
24meets or exceeds State standards in English language arts,
25mathematics, or science on a State assessment administered
26under Section 2-3.64a-5 as follows:

 

 

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1        (1) A student who meets or exceeds State standards in
2    English language arts shall be automatically enrolled into
3    the next most rigorous level of advanced coursework in
4    English, social studies, humanities, or related subjects.
5        (2) A student who meets or exceeds State standards in
6    mathematics shall be automatically enrolled into the next
7    most rigorous level of advanced coursework in mathematics.
8        (3) A student who meets or exceeds State standards in
9    science shall be automatically enrolled into the next most
10    rigorous level of advanced coursework in science.
11    For a student entering grade 12, the next most rigorous
12level of advanced coursework in English language arts or
13mathematics shall be a dual credit course, as defined in the
14Dual Credit Quality Act, an Advanced Placement course, as
15defined in Section 10 of the College and Career Success for All
16Students Act, or an International Baccalaureate course;
17otherwise, the next most rigorous level of advanced coursework
18under this subsection (a-5) may include a dual credit course,
19as defined in the Dual Credit Quality Act, an Advanced
20Placement course, as defined in Section 10 of the College and
21Career Success for All Students Act, an International
22Baccalaureate course, an honors class, an enrichment
23opportunity, a gifted program, or another program offered by
24the district.
25    A school district may use the student's most recent State
26assessment results to determine whether a student meets or

 

 

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1exceeds State standards. For a student entering grade 9,
2results from the State assessment taken in grades 6 through 8
3may be used. For other high school grades, the results from a
4locally selected, nationally normed assessment may be used
5instead of the State assessment if those results are the most
6recent.
7    A school district must provide the parent or guardian of a
8student eligible for automatic enrollment under this
9subsection (a-5) with the option to instead have the student
10enroll in alternative coursework that better aligns with the
11student's postsecondary education or career goals.
12    Nothing in this subsection (a-5) may be interpreted to
13preclude other students from enrolling in advanced coursework
14per the policy of a school district.
15    (b) Further, a school district's accelerated placement
16policy may include or incorporate by reference, but need not
17be limited to, the following components:
18        (1) procedures for annually informing the community
19    at-large, including parents or guardians, community-based
20    organizations, and providers of out-of-school programs,
21    about the accelerated placement program and the methods
22    used for the identification of children eligible for
23    accelerated placement, including strategies to reach
24    groups of students and families who have been historically
25    underrepresented in accelerated placement programs and
26    advanced coursework;

 

 

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1        (2) a process for referral that allows for multiple
2    referrers, including a child's parents or guardians; other
3    referrers may include licensed education professionals,
4    the child, with the written consent of a parent or
5    guardian, a peer, through a licensed education
6    professional who has knowledge of the referred child's
7    abilities, or, in case of possible early entrance, a
8    preschool educator, pediatrician, or psychologist who
9    knows the child;
10        (3) a provision that provides that children
11    participating in an accelerated placement program and
12    their parents or guardians will be provided a written plan
13    detailing the type of acceleration the child will receive
14    and strategies to support the child;
15        (4) procedures to provide support and promote success
16    for students who are newly enrolled in an accelerated
17    placement program; and
18        (5) a process for the school district to review and
19    utilize disaggregated data on participation in an
20    accelerated placement program to address gaps among
21    demographic groups in accelerated placement opportunities.
22    (c) The State Board of Education shall adopt rules to
23determine data to be collected and disaggregated by
24demographic group regarding accelerated placement, including
25the rates of students who participate in and successfully
26complete advanced coursework, and a method of making the

 

 

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1information available to the public.
2    (d) On or before November 1, 2022, following a review of
3disaggregated data on the participation and successful
4completion rates of students enrolled in an accelerated
5placement program, each school district shall develop a plan
6to expand access to its accelerated placement program and to
7ensure the teaching capacity necessary to meet the increased
8demand. The plan may incorporate one or more of the following
9evidence-based practices:
10        (1) the use of multiple tools to assess exceptional
11    potential and provide several pathways into advanced
12    academic programs when assessing student need for advanced
13    academic or accelerated programming;
14        (2) providing enrichment opportunities starting in the
15    early grades to address achievement gaps that occur at
16    school entry and provide students opportunities to
17    demonstrate their advanced potential;
18        (3) the use of universal screening combined with local
19    school-based norms for placement in accelerated and
20    advanced learning programs;
21        (4) developing a continuum of services to identify and
22    develop talent in all learners ranging from enriched
23    learning experiences, such as problem-based learning,
24    performance tasks, critical thinking, and career
25    exploration, to accelerated placement and advanced
26    academic programming; and

 

 

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1        (5) providing professional learning in gifted
2    education for teachers and other appropriate school
3    personnel to appropriately identify and challenge students
4    from diverse cultures and backgrounds who may benefit from
5    accelerated placement or advanced academic programming.
6(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21
7(See Section 5 of P.A. 102-671 for effective date of P.A.
8102-209).)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.