Illinois General Assembly - Full Text of SB2043
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Full Text of SB2043  102nd General Assembly

SB2043enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2043 EnrolledLRB102 16609 CMG 22008 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 Sick Leave Bank Act is amended by changing
5Section 5.10 as follows:
 
6    (5 ILCS 400/5.10)  (from Ch. 127, par. 4255.10)
7    Sec. 5.10. "Agency" means any branch, department, board,
8committee or commission of State government, but does not
9include units of local government, school districts or boards
10of election commissioners, or the State Board of Education.
11(Source: P.A. 87-822.)
 
12    Section 10. The School Code is amended by changing
13Sections 2-3.47a, 2-3.104, 2-3.161, 10-17a, 10-22.6, 21B-35,
1426-19, 27-6.5, 29-5, and 34-18.43 as follows:
 
15    (105 ILCS 5/2-3.47a)
16    Sec. 2-3.47a. Strategic plan.
17    (a) The State Board of Education shall develop and
18maintain a continuing 5-year comprehensive strategic plan for
19elementary and secondary education. The strategic plan shall
20address how the State Board of Education will focus its
21efforts to increase equity in all Illinois schools and shall

 

 

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1include, without limitation, all of the following topic areas:
2        (1) Service and support to school districts to improve
3    student performance.
4        (2) Programs to improve equitable and strategic
5    resource allocation in Equity, adequacy, and
6    predictability of educational opportunities and resources
7    for all schools.
8        (3) Efforts to enhance the social-emotional well-being
9    of Illinois students Program development and improvements,
10    including financial planning and support services.
11        (4) (Blank). Efficient means of delivering services to
12    schools on a regional basis.
13        (5) (Blank). Assistance to students at risk of
14    academic failure and the use of proven support programs
15    and services to close the achievement gap.
16        (6) (Blank). Educational research and development and
17    access and training in the use of a centralized student
18    achievement data system.
19        (7) (Blank). Recommendations for streamlining the
20    School Code to eliminate laws that interfere with local
21    control, taking into account those foundational standards
22    that have already been established.
23        (8) (Blank). Streamlining certification of teachers
24    and administrators to provide quality personnel and
25    ongoing professional development.
26        (9) (Blank). Support services to enhance the capacity

 

 

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1    of school districts to meet federal and State statutory
2    standards.
3        (10) (Blank). Enhanced technology for use in
4    administration, classroom, and nontraditional educational
5    settings.
6        (11) (Blank). Recognition of successful, exemplary
7    schools.
8        (12) (Blank). The unique needs of rural school
9    districts.
10        (13) (Blank). School reorganization issues.
11        (14) Attraction and retention of diverse and qualified
12    teachers and leaders.
13        (15) (Blank). Additional duties that should be
14    assigned to regional offices of education and regional
15    administrative service centers to support local control of
16    school districts and eliminate any duplication and
17    inefficiency.
18The State Board of Education shall consult with the
19educational community, hold public hearings, and receive input
20from all interested groups in drafting the strategic plan.
21    (b) To meet the requirements of this Section, the State
22Board of Education shall issue to the Governor and General
23Assembly a preliminary report within 6 months after the
24effective date of this amendatory Act of the 93rd General
25Assembly and a final 5-year strategic plan within one year
26after the effective date of this amendatory Act of the 93rd

 

 

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1General Assembly. Thereafter, the strategic plan shall be
2updated and issued to the Governor and General Assembly on or
3before July 1 of each year.
4(Source: P.A. 93-1036, eff. 9-14-04.)
 
5    (105 ILCS 5/2-3.104)  (from Ch. 122, par. 2-3.104)
6    Sec. 2-3.104. State mandate reports. The State Board of
7Education shall prepare an annual report listing all new State
8mandates applicable to the common schools during the school
9year covered by the report, excluding only those mandates that
10relate to school elections. The annual report shall set forth
11for each listed mandate the date or approximate date that the
12mandate became effective and the cost of implementing that
13mandate during the school year covered by the report; provided
14that if the mandate has not been in effect for the entire
15school year covered by the report, the estimated annual cost
16of implementing that mandate shall be set forth in that
17report, and provided that if the mandate exists because of a
18federal law, rule or regulation, the report shall note that
19fact. The State Board of Education shall highlight on each
20annual report each mandate listed thereon that first became
21effective and applicable to the common schools during the
22school year covered by the current annual report. Each annual
23report prepared by the State Board of Education shall be filed
24by the State Board of Education with the General Assembly on or
25before March 1 of the calendar year, beginning with calendar

 

 

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1year 1992, and shall cover only the school year ending during
2the calendar year immediately preceding the calendar year in
3which the annual report is required to be filed.
4(Source: P.A. 87-632; 87-895.)
 
5    (105 ILCS 5/2-3.161)
6    Sec. 2-3.161. Definition of dyslexia; reading instruction
7advisory group; handbook.
8    (a) The State Board of Education shall incorporate, in
9both general education and special education, the following
10definition of dyslexia:
11        Dyslexia is a specific learning disability that is
12    neurobiological in origin. Dyslexia is characterized by
13    difficulties with accurate and/or fluent word recognition
14    and by poor spelling and decoding abilities. These
15    difficulties typically result from a deficit in the
16    phonological component of language that is often
17    unexpected in relation to other cognitive abilities and
18    the provision of effective classroom instruction.
19    Secondary consequences may include problems in reading
20    comprehension and reduced reading experience that can
21    impede growth of vocabulary and background knowledge.
22    (b) (Blank). Subject to specific State appropriation or
23the availability of private donations, the State Board of
24Education shall establish an advisory group to develop a
25training module or training modules to provide education and

 

 

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1professional development to teachers, school administrators,
2and other education professionals regarding multi-sensory,
3systematic, and sequential instruction in reading. This
4advisory group shall complete its work before December 15,
52015 and is abolished on December 15, 2015. The State Board of
6Education shall reestablish the advisory group abolished on
7December 15, 2015 to complete the abolished group's work. The
8reestablished advisory group shall complete its work before
9December 31, 2016 and is abolished on December 31, 2016. The
10provisions of this subsection (b), other than this sentence,
11are inoperative after December 31, 2016.
12    (c) The State Board of Education shall develop and
13maintain a handbook to be made available on its Internet
14website that provides guidance for pupils, parents or
15guardians, and teachers on the subject of dyslexia. The
16handbook shall include, but is not limited to:
17        (1) guidelines for teachers and parents or guardians
18    on how to identify signs of dyslexia;
19        (2) a description of educational strategies that have
20    been shown to improve the academic performance of pupils
21    with dyslexia; and
22        (3) a description of resources and services available
23    to pupils with dyslexia, parents or guardians of pupils
24    with dyslexia, and teachers.
25    The State Board shall review the handbook once every 4
26years to update, if necessary, the guidelines, educational

 

 

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1strategies, or resources and services made available in the
2handbook.
3(Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15;
499-602, eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff.
58-18-17; 100-617, eff. 7-20-18.)
 
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 economic 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.
17During a school year in which the Governor has declared a
18disaster due to a public health emergency pursuant to Section
197 of the Illinois Emergency Management Agency Act, the report
20cards for the school districts and each of its schools shall be
21prepared by December 31.
22    (2) In addition to any information required by federal
23law, the State Superintendent shall determine the indicators
24and presentation of the school report card, which must
25include, at a minimum, the most current data collected and

 

 

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1maintained by the State Board of Education related to the
2following:
3        (A) school characteristics and student demographics,
4    including average class size, average teaching experience,
5    student racial/ethnic breakdown, and the percentage of
6    students classified as low-income; the percentage of
7    students classified as English learners, the number of
8    students who graduate from a bilingual or English learner
9    program, and the number of students who graduate from,
10    transfer from, or otherwise leave bilingual programs; the
11    percentage of students who have individualized education
12    plans or 504 plans that provide for special education
13    services; the number and percentage of all students who
14    have been assessed for placement in a gifted education or
15    advanced academic program and, of those students: (i) the
16    racial and ethnic breakdown, (ii) the percentage who are
17    classified as low-income, and (iii) the number and
18    percentage of students who received direct instruction
19    from a teacher who holds a gifted education endorsement
20    and, of those students, the percentage who are classified
21    as low-income; the percentage of students scoring at the
22    "exceeds expectations" level on the assessments required
23    under Section 2-3.64a-5 of this Code; the percentage of
24    students who annually transferred in or out of the school
25    district; average daily attendance; the per-pupil
26    operating expenditure of the school district; and the

 

 

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1    per-pupil State average operating expenditure for the
2    district type (elementary, high school, or unit);
3        (B) curriculum information, including, where
4    applicable, Advanced Placement, International
5    Baccalaureate or equivalent courses, dual enrollment
6    courses, foreign language classes, school personnel
7    resources (including Career Technical Education teachers),
8    before and after school programs, extracurricular
9    activities, subjects in which elective classes are
10    offered, health and wellness initiatives (including the
11    average number of days of Physical Education per week per
12    student), approved programs of study, awards received,
13    community partnerships, and special programs such as
14    programming for the gifted and talented, students with
15    disabilities, and work-study students;
16        (C) student outcomes, including, where applicable, the
17    percentage of students deemed proficient on assessments of
18    State standards, the percentage of students in the eighth
19    grade who pass Algebra, the percentage of students who
20    participated in workplace learning experiences, the
21    percentage of students enrolled in post-secondary
22    institutions (including colleges, universities, community
23    colleges, trade/vocational schools, and training programs
24    leading to career certification within 2 semesters of high
25    school graduation), the percentage of students graduating
26    from high school who are college and career ready, and the

 

 

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1    percentage of graduates enrolled in community colleges,
2    colleges, and universities who are in one or more courses
3    that the community college, college, or university
4    identifies as a developmental course;
5        (D) student progress, including, where applicable, the
6    percentage of students in the ninth grade who have earned
7    5 credits or more without failing more than one core
8    class, a measure of students entering kindergarten ready
9    to learn, a measure of growth, and the percentage of
10    students who enter high school on track for college and
11    career readiness;
12        (E) the school environment, including, where
13    applicable, high school dropout rate by grade level, the
14    percentage of students with less than 10 absences in a
15    school year, the percentage of teachers with less than 10
16    absences in a school year for reasons other than
17    professional development, leaves taken pursuant to the
18    federal Family Medical Leave Act of 1993, long-term
19    disability, or parental leaves, the 3-year average of the
20    percentage of teachers returning to the school from the
21    previous year, the number of different principals at the
22    school in the last 6 years, the number of teachers who hold
23    a gifted education endorsement, the process and criteria
24    used by the district to determine whether a student is
25    eligible for participation in a gifted education program
26    or advanced academic program and the manner in which

 

 

SB2043 Enrolled- 11 -LRB102 16609 CMG 22008 b

1    parents and guardians are made aware of the process and
2    criteria, 2 or more indicators from any school climate
3    survey selected or approved by the State and administered
4    pursuant to Section 2-3.153 of this Code, with the same or
5    similar indicators included on school report cards for all
6    surveys selected or approved by the State pursuant to
7    Section 2-3.153 of this Code, and the combined percentage
8    of teachers rated as proficient or excellent in their most
9    recent evaluation;
10        (F) a school district's and its individual schools'
11    balanced accountability measure, in accordance with
12    Section 2-3.25a of this Code;
13        (G) the total and per pupil normal cost amount the
14    State contributed to the Teachers' Retirement System of
15    the State of Illinois in the prior fiscal year for the
16    school's employees, which shall be reported to the State
17    Board of Education by the Teachers' Retirement System of
18    the State of Illinois;
19        (H) for a school district organized under Article 34
20    of this Code only, State contributions to the Public
21    School Teachers' Pension and Retirement Fund of Chicago
22    and State contributions for health care for employees of
23    that school district;
24        (I) a school district's Final Percent of Adequacy, as
25    defined in paragraph (4) of subsection (f) of Section
26    18-8.15 of this Code;

 

 

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

 

 

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1    "Administrative costs" means costs associated with
2executive, administrative, or managerial functions within the
3school district that involve planning, organizing, managing,
4or directing the school district.
5    "Advanced academic program" means a course of study to
6which students are assigned based on advanced cognitive
7ability or advanced academic achievement compared to local age
8peers and in which the curriculum is substantially
9differentiated from the general curriculum to provide
10appropriate challenge and pace.
11    "Gifted education" means educational services, including
12differentiated curricula and instructional methods, designed
13to meet the needs of gifted children as defined in Article 14A
14of this Code.
15    For the purposes of paragraph (A) of this subsection (2),
16"average daily attendance" means the average of the actual
17number of attendance days during the previous school year for
18any enrolled student who is subject to compulsory attendance
19by Section 26-1 of this Code at each school and charter school.
20    (3) At the discretion of the State Superintendent, the
21school district report card shall include a subset of the
22information identified in paragraphs (A) through (E) of
23subsection (2) of this Section, as well as information
24relating to the operating expense per pupil and other finances
25of the school district, and the State report card shall
26include a subset of the information identified in paragraphs

 

 

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1(A) through (E) and paragraph (N) of subsection (2) of this
2Section. The school district report card shall include the
3average daily attendance, as that term is defined in
4subsection (2) of this Section, of students who have
5individualized education programs and students who have 504
6plans that provide for special education services within the
7school district.
8    (4) Notwithstanding anything to the contrary in this
9Section, in consultation with key education stakeholders, the
10State Superintendent shall at any time have the discretion to
11amend or update any and all metrics on the school, district, or
12State report card.
13    (5) Annually, no more than 30 calendar days after receipt
14of the school district and school report cards from the State
15Superintendent of Education, each school district, including
16special charter districts and districts subject to the
17provisions of Article 34, shall present such report cards at a
18regular school board meeting subject to applicable notice
19requirements, post the report cards on the school district's
20Internet web site, if the district maintains an Internet web
21site, make the report cards available to a newspaper of
22general circulation serving the district, and, upon request,
23send the report cards home to a parent (unless the district
24does not maintain an Internet web site, in which case the
25report card shall be sent home to parents without request). If
26the district posts the report card on its Internet web site,

 

 

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1the district shall send a written notice home to parents
2stating (i) that the report card is available on the web site,
3(ii) the address of the web site, (iii) that a printed copy of
4the report card will be sent to parents upon request, and (iv)
5the telephone number that parents may call to request a
6printed copy of the report card.
7    (6) Nothing contained in Public Act 98-648 repeals,
8supersedes, invalidates, or nullifies final decisions in
9lawsuits pending on July 1, 2014 (the effective date of Public
10Act 98-648) in Illinois courts involving the interpretation of
11Public Act 97-8.
12(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
13100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
148-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
15eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
 
16    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
17    Sec. 10-22.6. Suspension or expulsion of pupils; school
18searches.
19    (a) To expel pupils guilty of gross disobedience or
20misconduct, including gross disobedience or misconduct
21perpetuated by electronic means, pursuant to subsection (b-20)
22of this Section, and no action shall lie against them for such
23expulsion. Expulsion shall take place only after the parents
24have been requested to appear at a meeting of the board, or
25with a hearing officer appointed by it, to discuss their

 

 

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1child's behavior. Such request shall be made by registered or
2certified mail and shall state the time, place and purpose of
3the meeting. The board, or a hearing officer appointed by it,
4at such meeting shall state the reasons for dismissal and the
5date on which the expulsion is to become effective. If a
6hearing officer is appointed by the board, he shall report to
7the board a written summary of the evidence heard at the
8meeting and the board may take such action thereon as it finds
9appropriate. If the board acts to expel a pupil, the written
10expulsion decision shall detail the specific reasons why
11removing the pupil from the learning environment is in the
12best interest of the school. The expulsion decision shall also
13include a rationale as to the specific duration of the
14expulsion. An expelled pupil may be immediately transferred to
15an alternative program in the manner provided in Article 13A
16or 13B of this Code. A pupil must not be denied transfer
17because of the expulsion, except in cases in which such
18transfer is deemed to cause a threat to the safety of students
19or staff in the alternative program.
20    (b) To suspend or by policy to authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend pupils
23guilty of gross disobedience or misconduct, or to suspend
24pupils guilty of gross disobedience or misconduct on the
25school bus from riding the school bus, pursuant to subsections
26(b-15) and (b-20) of this Section, and no action shall lie

 

 

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1against them for such suspension. The board may by policy
2authorize the superintendent of the district or the principal,
3assistant principal, or dean of students of any school to
4suspend pupils guilty of such acts for a period not to exceed
510 school days. If a pupil is suspended due to gross
6disobedience or misconduct on a school bus, the board may
7suspend the pupil in excess of 10 school days for safety
8reasons.
9    Any suspension shall be reported immediately to the
10parents or guardian of a pupil along with a full statement of
11the reasons for such suspension and a notice of their right to
12a review. The school board must be given a summary of the
13notice, including the reason for the suspension and the
14suspension length. Upon request of the parents or guardian,
15the school board or a hearing officer appointed by it shall
16review such action of the superintendent or principal,
17assistant principal, or dean of students. At such review, the
18parents or guardian of the pupil may appear and discuss the
19suspension with the board or its hearing officer. If a hearing
20officer is appointed by the board, he shall report to the board
21a written summary of the evidence heard at the meeting. After
22its hearing or upon receipt of the written report of its
23hearing officer, the board may take such action as it finds
24appropriate. If a student is suspended pursuant to this
25subsection (b), the board shall, in the written suspension
26decision, detail the specific act of gross disobedience or

 

 

SB2043 Enrolled- 18 -LRB102 16609 CMG 22008 b

1misconduct resulting in the decision to suspend. The
2suspension decision shall also include a rationale as to the
3specific duration of the suspension. A pupil who is suspended
4in excess of 20 school days may be immediately transferred to
5an alternative program in the manner provided in Article 13A
6or 13B of this Code. A pupil must not be denied transfer
7because of the suspension, except in cases in which such
8transfer is deemed to cause a threat to the safety of students
9or staff in the alternative program.
10    (b-5) Among the many possible disciplinary interventions
11and consequences available to school officials, school
12exclusions, such as out-of-school suspensions and expulsions,
13are the most serious. School officials shall limit the number
14and duration of expulsions and suspensions to the greatest
15extent practicable, and it is recommended that they use them
16only for legitimate educational purposes. To ensure that
17students are not excluded from school unnecessarily, it is
18recommended that school officials consider forms of
19non-exclusionary discipline prior to using out-of-school
20suspensions or expulsions.
21    (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or
24expel students for particular behaviors.
25    (b-15) Out-of-school suspensions of 3 days or less may be
26used only if the student's continuing presence in school would

 

 

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1pose a threat to school safety or a disruption to other
2students' learning opportunities. For purposes of this
3subsection (b-15), "threat to school safety or a disruption to
4other students' learning opportunities" shall be determined on
5a case-by-case basis by the school board or its designee.
6School officials shall make all reasonable efforts to resolve
7such threats, address such disruptions, and minimize the
8length of suspensions to the greatest extent practicable.
9    (b-20) Unless otherwise required by this Code,
10out-of-school suspensions of longer than 3 days, expulsions,
11and disciplinary removals to alternative schools may be used
12only if other appropriate and available behavioral and
13disciplinary interventions have been exhausted and the
14student's continuing presence in school would either (i) pose
15a threat to the safety of other students, staff, or members of
16the school community or (ii) substantially disrupt, impede, or
17interfere with the operation of the school. For purposes of
18this subsection (b-20), "threat to the safety of other
19students, staff, or members of the school community" and
20"substantially disrupt, impede, or interfere with the
21operation of the school" shall be determined on a case-by-case
22basis by school officials. For purposes of this subsection
23(b-20), the determination of whether "appropriate and
24available behavioral and disciplinary interventions have been
25exhausted" shall be made by school officials. School officials
26shall make all reasonable efforts to resolve such threats,

 

 

SB2043 Enrolled- 20 -LRB102 16609 CMG 22008 b

1address such disruptions, and minimize the length of student
2exclusions to the greatest extent practicable. Within the
3suspension decision described in subsection (b) of this
4Section or the expulsion decision described in subsection (a)
5of this Section, it shall be documented whether other
6interventions were attempted or whether it was determined that
7there were no other appropriate and available interventions.
8    (b-25) Students who are suspended out-of-school for longer
9than 4 school days shall be provided appropriate and available
10support services during the period of their suspension. For
11purposes of this subsection (b-25), "appropriate and available
12support services" shall be determined by school authorities.
13Within the suspension decision described in subsection (b) of
14this Section, it shall be documented whether such services are
15to be provided or whether it was determined that there are no
16such appropriate and available services.
17    A school district may refer students who are expelled to
18appropriate and available support services.
19    A school district shall create a policy to facilitate the
20re-engagement of students who are suspended out-of-school,
21expelled, or returning from an alternative school setting.
22    (b-30) A school district shall create a policy by which
23suspended pupils, including those pupils suspended from the
24school bus who do not have alternate transportation to school,
25shall have the opportunity to make up work for equivalent
26academic credit. It shall be the responsibility of a pupil's

 

 

SB2043 Enrolled- 21 -LRB102 16609 CMG 22008 b

1parent or guardian to notify school officials that a pupil
2suspended from the school bus does not have alternate
3transportation to school.
4    (c) A school board must invite a representative from a
5local mental health agency to consult with the board at the
6meeting whenever there is evidence that mental illness may be
7the cause of a student's expulsion or suspension. The
8Department of Human Services shall be invited to send a
9representative to consult with the board at such meeting
10whenever there is evidence that mental illness may be the
11cause for expulsion or suspension.
12    (c-5) School districts shall make reasonable efforts to
13provide ongoing professional development to teachers,
14administrators, school board members, school resource
15officers, and staff on the adverse consequences of school
16exclusion and justice-system involvement, effective classroom
17management strategies, culturally responsive discipline, the
18appropriate and available supportive services for the
19promotion of student attendance and engagement, and
20developmentally appropriate disciplinary methods that promote
21positive and healthy school climates.
22    (d) The board may expel a student for a definite period of
23time not to exceed 2 calendar years, as determined on a
24case-by-case basis. A student who is determined to have
25brought one of the following objects to school, any
26school-sponsored activity or event, or any activity or event

 

 

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1that bears a reasonable relationship to school shall be
2expelled for a period of not less than one year:
3        (1) A firearm. For the purposes of this Section,
4    "firearm" means any gun, rifle, shotgun, weapon as defined
5    by Section 921 of Title 18 of the United States Code,
6    firearm as defined in Section 1.1 of the Firearm Owners
7    Identification Card Act, or firearm as defined in Section
8    24-1 of the Criminal Code of 2012. The expulsion period
9    under this subdivision (1) may be modified by the
10    superintendent, and the superintendent's determination may
11    be modified by the board on a case-by-case basis.
12        (2) A knife, brass knuckles or other knuckle weapon
13    regardless of its composition, a billy club, or any other
14    object if used or attempted to be used to cause bodily
15    harm, including "look alikes" of any firearm as defined in
16    subdivision (1) of this subsection (d). The expulsion
17    requirement under this subdivision (2) may be modified by
18    the superintendent, and the superintendent's determination
19    may be modified by the board on a case-by-case basis.
20Expulsion or suspension shall be construed in a manner
21consistent with the federal Individuals with Disabilities
22Education Act. A student who is subject to suspension or
23expulsion as provided in this Section may be eligible for a
24transfer to an alternative school program in accordance with
25Article 13A of the School Code.
26    (d-5) The board may suspend or by regulation authorize the

 

 

SB2043 Enrolled- 23 -LRB102 16609 CMG 22008 b

1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend a
3student for a period not to exceed 10 school days or may expel
4a student for a definite period of time not to exceed 2
5calendar years, as determined on a case-by-case basis, if (i)
6that student has been determined to have made an explicit
7threat on an Internet website against a school employee, a
8student, or any school-related personnel, (ii) the Internet
9website through which the threat was made is a site that was
10accessible within the school at the time the threat was made or
11was available to third parties who worked or studied within
12the school grounds at the time the threat was made, and (iii)
13the threat could be reasonably interpreted as threatening to
14the safety and security of the threatened individual because
15of his or her duties or employment status or status as a
16student inside the school.
17    (e) To maintain order and security in the schools, school
18authorities may inspect and search places and areas such as
19lockers, desks, parking lots, and other school property and
20equipment owned or controlled by the school, as well as
21personal effects left in those places and areas by students,
22without notice to or the consent of the student, and without a
23search warrant. As a matter of public policy, the General
24Assembly finds that students have no reasonable expectation of
25privacy in these places and areas or in their personal effects
26left in these places and areas. School authorities may request

 

 

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1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities.
13    (f) Suspension or expulsion may include suspension or
14expulsion from school and all school activities and a
15prohibition from being present on school grounds.
16    (g) A school district may adopt a policy providing that if
17a student is suspended or expelled for any reason from any
18public or private school in this or any other state, the
19student must complete the entire term of the suspension or
20expulsion in an alternative school program under Article 13A
21of this Code or an alternative learning opportunities program
22under Article 13B of this Code before being admitted into the
23school district if there is no threat to the safety of students
24or staff in the alternative program.
25    (h) School officials shall not advise or encourage
26students to drop out voluntarily due to behavioral or academic

 

 

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1difficulties.
2    (i) A student may not be issued a monetary fine or fee as a
3disciplinary consequence, though this shall not preclude
4requiring a student to provide restitution for lost, stolen,
5or damaged property.
6    (j) Subsections (a) through (i) of this Section shall
7apply to elementary and secondary schools, charter schools,
8special charter districts, and school districts organized
9under Article 34 of this Code.
10    (k) The expulsion of children enrolled in programs funded
11under Section 1C-2 of this Code is subject to the requirements
12under paragraph (7) of subsection (a) of Section 2-3.71 of
13this Code.
14    (l) Beginning with the 2018-2019 school year, an in-school
15suspension program provided by a school district for any
16students in kindergarten through grade 12 may focus on
17promoting non-violent conflict resolution and positive
18interaction with other students and school personnel. A school
19district may employ a school social worker or a licensed
20mental health professional to oversee an in-school suspension
21program in kindergarten through grade 12.
22(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
23100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
247-12-19.)
 
25    (105 ILCS 5/21B-35)

 

 

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1    Sec. 21B-35. Minimum requirements for educators trained in
2other states or countries.
3    (a) Any applicant who has not been entitled by an
4Illinois-approved educator preparation program at an Illinois
5institution of higher education applying for a Professional
6Educator License endorsed in a teaching field or school
7support personnel area must meet the following requirements:
8        (1) the applicant must:
9            (A) hold a comparable and valid educator license
10        or certificate, as defined by rule, with similar grade
11        level and content area credentials from another state,
12        with the State Board of Education having the authority
13        to determine what constitutes similar grade level and
14        content area credentials from another state;
15            (B) have a bachelor's degree from a regionally
16        accredited institution of higher education; and
17            (C) (blank); or have demonstrated proficiency in
18        the English language by either passing the English
19        language proficiency test required by the State Board
20        of Education or providing evidence of completing a
21        postsecondary degree at an institution in which the
22        mode of instruction was English; or
23        (2) the applicant must:
24            (A) have completed a state-approved program for
25        the licensure area sought, including coursework
26        concerning methods of instruction of the exceptional

 

 

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1        child, methods of reading and reading in the content
2        area, and instructional strategies for English
3        learners;
4            (B) have a bachelor's degree from a regionally
5        accredited institution of higher education;
6            (C) have successfully met all Illinois examination
7        requirements, except that:
8                (i) (blank);
9                (ii) an applicant who has successfully
10            completed a test of content, as defined by rules,
11            at the time of initial licensure in another state
12            is not required to complete a test of content; and
13                (iii) an applicant for a teaching endorsement
14            who has successfully completed an evidence-based
15            assessment of teacher effectiveness, as defined by
16            rules, at the time of initial licensure in another
17            state is not required to complete an
18            evidence-based assessment of teacher
19            effectiveness; and
20            (D) for an applicant for a teaching endorsement,
21        have completed student teaching or an equivalent
22        experience or, for an applicant for a school service
23        personnel endorsement, have completed an internship or
24        an equivalent experience.
25    (b) In order to receive a Professional Educator License
26endorsed in a teaching field or school support personnel area,

 

 

SB2043 Enrolled- 28 -LRB102 16609 CMG 22008 b

1applicants trained in another country must meet all of the
2following requirements:
3        (1) Have completed a comparable education program in
4    another country.
5        (2) Have had transcripts evaluated by an evaluation
6    service approved by the State Superintendent of Education.
7        (3) Have a degree comparable to a degree from a
8    regionally accredited institution of higher education.
9        (4) Have completed coursework aligned to standards
10    concerning methods of instruction of the exceptional
11    child, methods of reading and reading in the content area,
12    and instructional strategies for English learners.
13        (5) (Blank).
14        (6) (Blank).
15        (7) Have successfully met all State licensure
16    examination requirements. Applicants who have successfully
17    completed a test of content, as defined by rules, at the
18    time of initial licensure in another country shall not be
19    required to complete a test of content. Applicants for a
20    teaching endorsement who have successfully completed an
21    evidence-based assessment of teacher effectiveness, as
22    defined by rules, at the time of initial licensure in
23    another country shall not be required to complete an
24    evidence-based assessment of teacher effectiveness.
25        (8) Have completed student teaching or an equivalent
26    experience.

 

 

SB2043 Enrolled- 29 -LRB102 16609 CMG 22008 b

1        (9) (Blank). Have demonstrated proficiency in the
2    English language by either passing the English language
3    proficiency test required by the State Board of Education
4    or providing evidence of completing a postsecondary degree
5    at an institution in which the mode of instruction was
6    English.
7    (b-5) All applicants who have not been entitled by an
8Illinois-approved educator preparation program at an Illinois
9institution of higher education and applicants trained in
10another country applying for a Professional Educator License
11endorsed for principal or superintendent must hold a master's
12degree from a regionally accredited institution of higher
13education, pass the English language proficiency test required
14by the State Board of Education, and hold a comparable and
15valid educator license or certificate with similar grade level
16and subject matter credentials, with the State Board of
17Education having the authority to determine what constitutes
18similar grade level and subject matter credentials from
19another state, or must meet all of the following requirements:
20        (1) Have completed an educator preparation program
21    approved by another state or comparable educator program
22    in another country leading to the receipt of a license or
23    certificate for the Illinois endorsement sought.
24        (2) Have successfully met all State licensure
25    examination requirements, as required by Section 21B-30 of
26    this Code. Applicants who have successfully completed a

 

 

SB2043 Enrolled- 30 -LRB102 16609 CMG 22008 b

1    test of content, as defined by rules, at the time of
2    initial licensure in another state or country shall not be
3    required to complete a test of content.
4        (2.5) Have completed an internship, as defined by
5    rule.
6        (3) (Blank).
7        (4) Have completed coursework aligned to standards
8    concerning methods of instruction of the exceptional
9    child, methods of reading and reading in the content area,
10    and instructional strategies for English learners.
11        (4.5) (Blank). Have demonstrated proficiency in the
12    English language by either passing the English language
13    proficiency test required by the State Board of Education
14    or providing evidence of completing a postsecondary degree
15    at an institution in which the mode of instruction was
16    English.
17        (5) Have completed a master's degree.
18        (6) Have successfully completed teaching, school
19    support, or administrative experience as defined by rule.
20    (b-7) All applicants who have not been entitled by an
21Illinois-approved educator preparation program at an Illinois
22institution of higher education applying for a Professional
23Educator License endorsed for Director of Special Education
24must hold a master's degree from a regionally accredited
25institution of higher education and must hold a comparable and
26valid educator license or certificate with similar grade level

 

 

SB2043 Enrolled- 31 -LRB102 16609 CMG 22008 b

1and subject matter credentials, with the State Board of
2Education having the authority to determine what constitutes
3similar grade level and subject matter credentials from
4another state, or must meet all of the following requirements:
5        (1) Have completed a master's degree.
6        (2) Have 2 years of full-time experience providing
7    special education services.
8        (3) Have successfully completed all examination
9    requirements, as required by Section 21B-30 of this Code.
10    Applicants who have successfully completed a test of
11    content, as identified by rules, at the time of initial
12    licensure in another state or country shall not be
13    required to complete a test of content.
14        (4) Have completed coursework aligned to standards
15    concerning methods of instruction of the exceptional
16    child, methods of reading and reading in the content area,
17    and instructional strategies for English learners.
18    (b-10) All applicants who have not been entitled by an
19Illinois-approved educator preparation program at an Illinois
20institution of higher education applying for a Professional
21Educator License endorsed for chief school business official
22must hold a master's degree from a regionally accredited
23institution of higher education and must hold a comparable and
24valid educator license or certificate with similar grade level
25and subject matter credentials, with the State Board of
26Education having the authority to determine what constitutes

 

 

SB2043 Enrolled- 32 -LRB102 16609 CMG 22008 b

1similar grade level and subject matter credentials from
2another state, or must meet all of the following requirements:
3        (1) Have completed a master's degree in school
4    business management, finance, or accounting.
5        (2) Have successfully completed an internship in
6    school business management or have 2 years of experience
7    as a school business administrator.
8        (3) Have successfully met all State examination
9    requirements, as required by Section 21B-30 of this Code.
10    Applicants who have successfully completed a test of
11    content, as identified by rules, at the time of initial
12    licensure in another state or country shall not be
13    required to complete a test of content.
14        (4) Have completed modules aligned to standards
15    concerning methods of instruction of the exceptional
16    child, methods of reading and reading in the content area,
17    and instructional strategies for English learners.
18    (c) The State Board of Education, in consultation with the
19State Educator Preparation and Licensure Board, may adopt such
20rules as may be necessary to implement this Section.
21(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18;
22100-596, eff. 7-1-18; 101-220, eff. 8-7-19; 101-643, eff.
236-18-20.)
 
24    (105 ILCS 5/26-19)
25    Sec. 26-19. Chronic absenteeism in preschool children.

 

 

SB2043 Enrolled- 33 -LRB102 16609 CMG 22008 b

1    (a) In this Section, "chronic absence" has the meaning
2ascribed to that term in Section 26-18 of this Code.
3    (b) The General Assembly makes all of the following
4findings:
5        (1) The early years are an extremely important period
6    in a child's learning and development.
7        (2) Missed learning opportunities in the early years
8    make it difficult for a child to enter kindergarten ready
9    for success.
10        (3) Attendance patterns in the early years serve as
11    predictors of chronic absenteeism and reduced educational
12    outcomes in later school years. Therefore, it is crucial
13    that the implications of chronic absence be understood and
14    reviewed regularly under the Preschool for All Program and
15    Preschool for All Expansion Program in all publicly funded
16    early childhood programs receiving State funds under
17    Section 2-3.71 of this Code.
18    (c) The Preschool for All Program and Preschool for All
19Expansion Program Beginning July 1, 2019, any publicly funded
20early childhood program receiving State funds under Section
212-3.71 of this Code shall collect and review its chronic
22absence data and determine what support and resources are
23needed to positively engage chronically absent students and
24their families to encourage the habit of daily attendance and
25promote success.
26    (d) The Preschool for All Program and Preschool for All

 

 

SB2043 Enrolled- 34 -LRB102 16609 CMG 22008 b

1Expansion Program Publicly funded early childhood programs
2receiving State funds under Section 2-3.71 of this Code are
3encouraged to do all of the following:
4        (1) Provide support to students who are at risk of
5    reaching or exceeding chronic absence levels.
6        (2) Make resources available to families, such as
7    those available through the State Board of Education's
8    Family Engagement Framework, to support and encourage
9    families to ensure their children's daily program
10    attendance.
11        (3) Include information about chronic absenteeism as
12    part of their preschool to kindergarten transition
13    resources.
14    (e) On or before July 1, 2020, and annually thereafter,
15the Preschool for All Program and Preschool for All Expansion
16Program an early childhood program shall report all data
17collected under subsection (c) of this Section to the State
18Board of Education, which shall make the report publicly
19available via the Illinois Early Childhood Asset Map Internet
20website and the Preschool for All Program or Preschool for All
21Expansion Program triennial report.
22(Source: P.A. 100-819, eff. 7-1-19.)
 
23    (105 ILCS 5/27-6.5)
24    Sec. 27-6.5. Physical fitness assessments in schools.
25    (a) As used in this Section, "physical fitness assessment"

 

 

SB2043 Enrolled- 35 -LRB102 16609 CMG 22008 b

1means a series of assessments to measure aerobic capacity,
2body composition, muscular strength, muscular endurance, and
3flexibility.
4    (b) To measure the effectiveness of State Goal 20 of the
5Illinois Learning Standards for Physical Development and
6Health, beginning with the 2016-2017 school year and every
7school year thereafter, the State Board of Education shall
8require all public schools to use a scientifically-based,
9health-related physical fitness assessment for grades 3
10through 12 and periodically report fitness information to the
11State Board of Education, as set forth in subsections (c) and
12(e) of this Section, to assess student fitness indicators.
13    Public schools shall integrate health-related fitness
14testing into the curriculum as an instructional tool, except
15in grades before the 3rd grade. Fitness tests must be
16appropriate to students' developmental levels and physical
17abilities. The testing must be used to teach students how to
18assess their fitness levels, set goals for improvement, and
19monitor progress in reaching their goals. Fitness scores shall
20not be used for grading students or evaluating teachers.
21    (c) (Blank). On or before October 1, 2014, the State
22Superintendent of Education shall appoint a 15-member
23stakeholder and expert task force, including members
24representing organizations that represent physical education
25teachers, school officials, principals, health promotion and
26disease prevention advocates and experts, school health

 

 

SB2043 Enrolled- 36 -LRB102 16609 CMG 22008 b

1advocates and experts, and other experts with operational and
2academic expertise in the measurement of fitness. The task
3force shall make recommendations to the State Board of
4Education on the following:
5        (1) methods for ensuring the validity and uniformity
6    of reported physical fitness assessment scores, including
7    assessment administration protocols and professional
8    development approaches for physical education teachers;
9        (2) how often physical fitness assessment scores
10    should be reported to the State Board of Education;
11        (3) the grade levels within elementary, middle, and
12    high school categories for which physical fitness
13    assessment scores should be reported to the State Board of
14    Education;
15        (4) the minimum fitness indicators that should be
16    reported to the State Board of Education, including, but
17    not limited to, a score for aerobic capacity (for grades 4
18    through 12); muscular strength; endurance; and
19    flexibility;
20        (5) the demographic information that should accompany
21    the scores, including, but not limited to, grade and
22    gender;
23        (6) the development of protocols regarding the
24    protection of students' confidentiality and individual
25    information and identifiers; and
26        (7) how physical fitness assessment data should be

 

 

SB2043 Enrolled- 37 -LRB102 16609 CMG 22008 b

1    reported by the State Board of Education to the public,
2    including potential correlations with student academic
3    achievement, attendance, and discipline data and other
4    recommended uses of the reported data.
5    The State Board of Education shall provide administrative
6and other support to the task force.
7    The task force shall submit its recommendations on
8physical fitness assessments on or before April 1, 2015. The
9task force may also recommend methods for assessing student
10progress on State Goals 19 and 21 through 24 of the Illinois
11Learning Standards for Physical Development and Health. The
12task force is dissolved on April 30, 2015.
13    The provisions of this subsection (c), other than this
14sentence, are inoperative after March 31, 2016.
15    (d) The State Board of Education must On or before
16December 31, 2015, the State Board of Education shall use the
17recommendations of the task force under subsection (c) of this
18Section to adopt rules for the implementation of physical
19fitness assessments under this Section by each public school
20for the 2016-2017 school year and every school year
21thereafter. The requirements of this Section do not apply if
22the Governor has declared a disaster due to a public health
23emergency pursuant to Section 7 of the Illinois Emergency
24Management Agency Act.
25    (e) The On or before September 1, 2016, the State Board of
26Education shall adopt rules for data submission by school

 

 

SB2043 Enrolled- 38 -LRB102 16609 CMG 22008 b

1districts and develop a system for collecting and reporting
2the aggregated fitness information from the physical fitness
3assessments. This system shall also support the collection of
4data from school districts that use a fitness testing software
5program.
6    (f) School districts may report the aggregate findings of
7physical fitness assessments by grade level and school to
8parents and members of the community through typical
9communication channels, such as Internet websites, school
10newsletters, school board reports, and presentations.
11Districts may also provide individual fitness assessment
12reports to students' parents.
13    (g) Nothing in this Section precludes schools from
14implementing a physical fitness assessment before the
152016-2017 school year or from implementing more robust forms
16of a physical fitness assessment.
17(Source: P.A. 101-643, eff. 6-18-20.)
 
18    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
19    Sec. 29-5. Reimbursement by State for transportation. Any
20school district, maintaining a school, transporting resident
21pupils to another school district's vocational program,
22offered through a joint agreement approved by the State Board
23of Education, as provided in Section 10-22.22 or transporting
24its resident pupils to a school which meets the standards for
25recognition as established by the State Board of Education

 

 

SB2043 Enrolled- 39 -LRB102 16609 CMG 22008 b

1which provides transportation meeting the standards of safety,
2comfort, convenience, efficiency and operation prescribed by
3the State Board of Education for resident pupils in
4kindergarten or any of grades 1 through 12 who: (a) reside at
5least 1 1/2 miles as measured by the customary route of travel,
6from the school attended; or (b) reside in areas where
7conditions are such that walking constitutes a hazard to the
8safety of the child when determined under Section 29-3; and
9(c) are transported to the school attended from pick-up points
10at the beginning of the school day and back again at the close
11of the school day or transported to and from their assigned
12attendance centers during the school day, shall be reimbursed
13by the State as hereinafter provided in this Section.
14    The State will pay the prorated allowable cost of
15transporting eligible pupils less the real equalized assessed
16valuation as computed under paragraph (3) of subsection (d) of
17Section 18-8.15 prior year assessed valuation in a dual school
18district maintaining secondary grades 9 to 12 inclusive times
19a qualifying rate of .05%; in elementary school districts
20maintaining grades K to 8 times a qualifying rate of .06%; and
21in unit districts maintaining grades K to 12, including
22partial elementary unit districts formed pursuant to Article
2311E optional elementary unit districts and combined high
24school - unit districts, times a qualifying rate of .07%;
25provided that for optional elementary unit districts and
26combined high school - unit districts, prior year assessed

 

 

SB2043 Enrolled- 40 -LRB102 16609 CMG 22008 b

1valuation for high school purposes, as defined in Article 11E
2of this Code, must be used. To be eligible to receive
3reimbursement in excess of 4/5 of the cost to transport
4eligible pupils, a school district or partial elementary unit
5district formed pursuant to Article 11E shall have a
6Transportation Fund tax rate of at least .12%. The
7Transportation Fund tax rate for a partial elementary unit
8district formed pursuant Article 11E shall be the combined
9elementary and high school rates pursuant to paragraph (4) of
10subsection (a) of Section 18-8.15. If a school district or
11partial elementary unit district formed pursuant to Article
1211E does not have a .12% Transportation Fund tax rate, the
13amount of its claim in excess of 4/5 of the cost of
14transporting pupils shall be reduced by the sum arrived at by
15subtracting the Transportation Fund tax rate from .12% and
16multiplying that amount by the district's real equalized
17assessed valuation as computed under paragraph (3) of
18subsection (d) of Section 18-8.15 prior year equalized or
19assessed valuation, provided, that in no case shall said
20reduction result in reimbursement of less than 4/5 of the cost
21to transport eligible pupils.
22    The minimum amount to be received by a district is $16
23times the number of eligible pupils transported.
24    When calculating the reimbursement for transportation
25costs, the State Board of Education may not deduct the number
26of pupils enrolled in early education programs from the number

 

 

SB2043 Enrolled- 41 -LRB102 16609 CMG 22008 b

1of pupils eligible for reimbursement if the pupils enrolled in
2the early education programs are transported at the same time
3as other eligible pupils.
4    Any such district transporting resident pupils during the
5school day to an area vocational school or another school
6district's vocational program more than 1 1/2 miles from the
7school attended, as provided in Sections 10-22.20a and
810-22.22, shall be reimbursed by the State for 4/5 of the cost
9of transporting eligible pupils.
10    School day means that period of time during which the
11pupil is required to be in attendance for instructional
12purposes.
13    If a pupil is at a location within the school district
14other than his residence for child care purposes at the time
15for transportation to school, that location may be considered
16for purposes of determining the 1 1/2 miles from the school
17attended.
18    Claims for reimbursement that include children who attend
19any school other than a public school shall show the number of
20such children transported.
21    Claims for reimbursement under this Section shall not be
22paid for the transportation of pupils for whom transportation
23costs are claimed for payment under other Sections of this
24Act.
25    The allowable direct cost of transporting pupils for
26regular, vocational, and special education pupil

 

 

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1transportation shall be limited to the sum of the cost of
2physical examinations required for employment as a school bus
3driver; the salaries of full-time or part-time drivers and
4school bus maintenance personnel; employee benefits excluding
5Illinois municipal retirement payments, social security
6payments, unemployment insurance payments and workers'
7compensation insurance premiums; expenditures to independent
8carriers who operate school buses; payments to other school
9districts for pupil transportation services; pre-approved
10contractual expenditures for computerized bus scheduling;
11expenditures for housing assistance and homeless prevention
12under Sections 1-17 and 1-18 of the Education for Homeless
13Children Act that are not in excess of the school district's
14actual costs for providing transportation services and are not
15otherwise claimed in another State or federal grant that
16permits those costs to a parent, a legal guardian, any other
17person who enrolled a pupil, or a homeless assistance agency
18that is part of the federal McKinney-Vento Homeless Assistance
19Act's continuum of care for the area in which the district is
20located; the cost of gasoline, oil, tires, and other supplies
21necessary for the operation of school buses; the cost of
22converting buses' gasoline engines to more fuel efficient
23engines or to engines which use alternative energy sources;
24the cost of travel to meetings and workshops conducted by the
25regional superintendent or the State Superintendent of
26Education pursuant to the standards established by the

 

 

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1Secretary of State under Section 6-106 of the Illinois Vehicle
2Code to improve the driving skills of school bus drivers; the
3cost of maintenance of school buses including parts and
4materials used; expenditures for leasing transportation
5vehicles, except interest and service charges; the cost of
6insurance and licenses for transportation vehicles;
7expenditures for the rental of transportation equipment; plus
8a depreciation allowance of 20% for 5 years for school buses
9and vehicles approved for transporting pupils to and from
10school and a depreciation allowance of 10% for 10 years for
11other transportation equipment so used. Each school year, if a
12school district has made expenditures to the Regional
13Transportation Authority or any of its service boards, a mass
14transit district, or an urban transportation district under an
15intergovernmental agreement with the district to provide for
16the transportation of pupils and if the public transit carrier
17received direct payment for services or passes from a school
18district within its service area during the 2000-2001 school
19year, then the allowable direct cost of transporting pupils
20for regular, vocational, and special education pupil
21transportation shall also include the expenditures that the
22district has made to the public transit carrier. In addition
23to the above allowable costs school districts shall also claim
24all transportation supervisory salary costs, including
25Illinois municipal retirement payments, and all transportation
26related building and building maintenance costs without

 

 

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1limitation.
2    Special education allowable costs shall also include
3expenditures for the salaries of attendants or aides for that
4portion of the time they assist special education pupils while
5in transit and expenditures for parents and public carriers
6for transporting special education pupils when pre-approved by
7the State Superintendent of Education.
8    Indirect costs shall be included in the reimbursement
9claim for districts which own and operate their own school
10buses. Such indirect costs shall include administrative costs,
11or any costs attributable to transporting pupils from their
12attendance centers to another school building for
13instructional purposes. No school district which owns and
14operates its own school buses may claim reimbursement for
15indirect costs which exceed 5% of the total allowable direct
16costs for pupil transportation.
17    The State Board of Education shall prescribe uniform
18regulations for determining the above standards and shall
19prescribe forms of cost accounting and standards of
20determining reasonable depreciation. Such depreciation shall
21include the cost of equipping school buses with the safety
22features required by law or by the rules, regulations and
23standards promulgated by the State Board of Education, and the
24Department of Transportation for the safety and construction
25of school buses provided, however, any equipment cost
26reimbursed by the Department of Transportation for equipping

 

 

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1school buses with such safety equipment shall be deducted from
2the allowable cost in the computation of reimbursement under
3this Section in the same percentage as the cost of the
4equipment is depreciated.
5    On or before August 15, annually, the chief school
6administrator for the district shall certify to the State
7Superintendent of Education the district's claim for
8reimbursement for the school year ending on June 30 next
9preceding. The State Superintendent of Education shall check
10and approve the claims and prepare the vouchers showing the
11amounts due for district reimbursement claims. Each fiscal
12year, the State Superintendent of Education shall prepare and
13transmit the first 3 vouchers to the Comptroller on the 30th
14day of September, December and March, respectively, and the
15final voucher, no later than June 20.
16    If the amount appropriated for transportation
17reimbursement is insufficient to fund total claims for any
18fiscal year, the State Board of Education shall reduce each
19school district's allowable costs and flat grant amount
20proportionately to make total adjusted claims equal the total
21amount appropriated.
22    For purposes of calculating claims for reimbursement under
23this Section for any school year beginning July 1, 2016, the
24equalized assessed valuation for a school district or partial
25elementary unit district formed pursuant to Article 11E used
26to compute reimbursement shall be the real equalized assessed

 

 

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1valuation as computed under paragraph (3) of subsection (d) of
2Section 18-8.15. For purposes of calculating claims for
3reimbursement under this Section for any school year beginning
4July 1, 1998, or thereafter, the equalized assessed valuation
5for a school district used to compute reimbursement shall be
6computed in the same manner as it is computed under paragraph
7(2) of subsection (G) of Section 18-8.05.
8    All reimbursements received from the State shall be
9deposited into the district's transportation fund or into the
10fund from which the allowable expenditures were made.
11    Notwithstanding any other provision of law, any school
12district receiving a payment under this Section or under
13Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
14classify all or a portion of the funds that it receives in a
15particular fiscal year or from general State aid pursuant to
16Section 18-8.15 18-8.05 of this Code as funds received in
17connection with any funding program for which it is entitled
18to receive funds from the State in that fiscal year
19(including, without limitation, any funding program referenced
20in this Section), regardless of the source or timing of the
21receipt. The district may not classify more funds as funds
22received in connection with the funding program than the
23district is entitled to receive in that fiscal year for that
24program. Any classification by a district must be made by a
25resolution of its board of education. The resolution must
26identify the amount of any payments or general State aid to be

 

 

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1classified under this paragraph and must specify the funding
2program to which the funds are to be treated as received in
3connection therewith. This resolution is controlling as to the
4classification of funds referenced therein. A certified copy
5of the resolution must be sent to the State Superintendent of
6Education. The resolution shall still take effect even though
7a copy of the resolution has not been sent to the State
8Superintendent of Education in a timely manner. No
9classification under this paragraph by a district shall affect
10the total amount or timing of money the district is entitled to
11receive under this Code. No classification under this
12paragraph by a district shall in any way relieve the district
13from or affect any requirements that otherwise would apply
14with respect to that funding program, including any accounting
15of funds by source, reporting expenditures by original source
16and purpose, reporting requirements, or requirements of
17providing services.
18    Any school district with a population of not more than
19500,000 must deposit all funds received under this Article
20into the transportation fund and use those funds for the
21provision of transportation services.
22(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17;
23100-863, eff. 8-14-18.)
 
24    (105 ILCS 5/34-18.43)
25    Sec. 34-18.43. Establishing an equitable and effective

 

 

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1school facility development process.
2    (a) The General Assembly finds all of the following:
3        (1) The Illinois Constitution recognizes that a
4    "fundamental goal of the People of the State is the
5    educational development of all persons to the limits of
6    their capacities".
7        (2) Quality educational facilities are essential for
8    fostering the maximum educational development of all
9    persons through their educational experience from
10    pre-kindergarten through high school.
11        (3) The public school is a major institution in our
12    communities. Public schools offer resources and
13    opportunities for the children of this State who seek and
14    deserve quality education, but also benefit the entire
15    community that seeks improvement through access to
16    education.
17        (4) The equitable and efficient use of available
18    facilities-related resources among different schools and
19    among racial, ethnic, income, and disability groups is
20    essential to maximize the development of quality public
21    educational facilities for all children, youth, and
22    adults. The factors that impact the equitable and
23    efficient use of facility-related resources vary according
24    to the needs of each school community. Therefore,
25    decisions that impact school facilities should include the
26    input of the school community to the greatest extent

 

 

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1    possible.
2        (5) School openings, school closings, school
3    consolidations, school turnarounds, school phase-outs,
4    school construction, school repairs, school
5    modernizations, school boundary changes, and other related
6    school facility decisions often have a profound impact on
7    education in a community. In order to minimize the
8    negative impact of school facility decisions on the
9    community, these decisions should be implemented according
10    to a clear system-wide criteria and with the significant
11    involvement of local school councils, parents, educators,
12    and the community in decision-making.
13        (6) The General Assembly has previously stated that it
14    intended to make the individual school in the City of
15    Chicago the essential unit for educational governance and
16    improvement and to place the primary responsibility for
17    school governance and improvement in the hands of parents,
18    teachers, and community residents at each school. A school
19    facility policy must be consistent with these principles.
20    (b) In order to ensure that school facility-related
21decisions are made with the input of the community and reflect
22educationally sound and fiscally responsible criteria, a
23Chicago Educational Facilities Task Force shall be established
24within 15 days after the effective date of this amendatory Act
25of the 96th General Assembly.
26    (c) The Chicago Educational Facilities Task Force shall

 

 

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1consist of all of the following members:
2        (1) Two members of the House of Representatives
3    appointed by the Speaker of the House, at least one of whom
4    shall be a member of the Elementary & Secondary Education
5    Committee.
6        (2) Two members of the House of Representatives
7    appointed by the Minority Leader of the House, at least
8    one of whom shall be a member of the Elementary & Secondary
9    Education Committee.
10        (3) Two members of the Senate appointed by the
11    President of the Senate, at least one of whom shall be a
12    member of the Education Committee.
13        (4) Two members of the Senate appointed by the
14    Minority Leader of the Senate, at least one of whom shall
15    be a member of the Education Committee.
16        (5) Two representatives of school community
17    organizations with past involvement in school facility
18    issues appointed by the Speaker of the House.
19        (6) Two representatives of school community
20    organizations with past involvement in school facility
21    issues appointed by the President of the Senate.
22        (7) The chief executive officer of the school district
23    or his or her designee.
24        (8) The president of the union representing teachers
25    in the schools of the district or his or her designee.
26        (9) The president of the association representing

 

 

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1    principals in the schools of the district or his or her
2    designee.
3    (d) The Speaker of the House shall appoint one of the
4appointed House members as a co-chairperson of the Chicago
5Educational Facilities Task Force. The President of the Senate
6shall appoint one of the appointed Senate members as a
7co-chairperson of the Chicago Educational Facilities Task
8Force. Members appointed by the legislative leaders shall be
9appointed for the duration of the Chicago Educational
10Facilities Task Force; in the event of a vacancy, the
11appointment to fill the vacancy shall be made by the
12legislative leader of the same chamber and party as the leader
13who made the original appointment.
14    (e) The Chicago Educational Facilities Task Force shall
15call on independent experts, as needed, to gather and analyze
16pertinent information on a pro bono basis, provided that these
17experts have no previous or on-going financial interest in
18school facility issues related to the school district. The
19Chicago Educational Facilities Task Force shall secure pro
20bono expert assistance within 15 days after the establishment
21of the Chicago Educational Facilities Task Force.
22    (f) The Chicago Educational Facilities Task Force shall be
23empowered to gather further evidence in the form of testimony
24or documents or other materials.
25    (g) The Chicago Educational Facilities Task Force, with
26the help of the independent experts, shall analyze past

 

 

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1Chicago experiences and data with respect to school openings,
2school closings, school consolidations, school turnarounds,
3school phase-outs, school construction, school repairs, school
4modernizations, school boundary changes, and other related
5school facility decisions on students. The Chicago Educational
6Facilities Task Force shall consult widely with stakeholders,
7including public officials, about these facility issues and
8their related costs and shall examine relevant best practices
9from other school systems for dealing with these issues
10systematically and equitably. These initial investigations
11shall include opportunities for input from local stakeholders
12through hearings, focus groups, and interviews.
13    (h) The Chicago Educational Facilities Task Force shall
14prepare recommendations describing how the issues set forth in
15subsection (g) of this Section can be addressed effectively
16based upon educationally sound and fiscally responsible
17practices.
18    (i) The Chicago Educational Facilities Task Force shall
19hold hearings in separate areas of the school district at
20times that shall maximize school community participation to
21obtain comments on draft recommendations. The final hearing
22shall take place no later than 15 days prior to the completion
23of the final recommendations.
24    (j) The Chicago Educational Facilities Task Force shall
25prepare final proposed policy and legislative recommendations
26for the General Assembly, the Governor, and the school

 

 

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1district. The recommendations may address issues, standards,
2and procedures set forth in this Section. The final
3recommendations shall be made available to the public through
4posting on the school district's Internet website and other
5forms of publication and distribution in the school district
6at least 7 days before the recommendations are submitted to
7the General Assembly, the Governor, and the school district.
8    (k) The recommendations may address issues of system-wide
9criteria for ensuring clear priorities, equity, and
10efficiency.
11    Without limitation, the final recommendations may propose
12significant decision-making roles for key stakeholders,
13including the individual school and community; recommend clear
14criteria or processes for establishing criteria for making
15school facility decisions; and include clear criteria for
16setting priorities with respect to school openings, school
17closings, school consolidations, school turnarounds, school
18phase-outs, school construction, school repairs, school
19modernizations, school boundary changes, and other related
20school facility decisions, including the encouragement of
21multiple community uses for school space.
22    Without limitation, the recommendations may propose
23criteria for student mobility; the transferring of students to
24lower performing schools; teacher mobility; insufficient
25notice to and the lack of inclusion in decision-making of
26local school councils, parents, and community members about

 

 

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1school facility decisions; and costly facilities-related
2expenditures due to poor educational and facilities planning.
3    (l) The State Board of Education and the school district
4shall provide administrative support to the Chicago
5Educational Facilities Task Force.
6    (m) After recommendations have been issued, the Chicago
7Educational Facilities Task Force shall meet at least once
8annually, upon the call of the chairs, for the purpose of
9reviewing Chicago public schools' compliance with the
10provisions of Sections 34-200 through 34-235 of this Code
11concerning school action and facility master planning. The
12Task Force shall prepare a report to the General Assembly, the
13Governor's Office, the Mayor of the City of Chicago, and the
14Chicago Board of Education indicating how the district has met
15the requirements of the provisions of Sections 34-200 through
1634-235 of this Code concerning school action and facility
17master planning.
18(Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11;
1997-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
 
20    (105 ILCS 5/2-3.11 rep.)
21    Section 15. The School Code is amended by repealing
22Section 2-3.11.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.