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

SB2043 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2043

 

Introduced 2/26/2021, by Sen. Cristina H. Pacione-Zayas

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 400/5.10  from Ch. 127, par. 4255.10
105 ILCS 5/2-3.47a
105 ILCS 5/2-3.104  from Ch. 122, par. 2-3.104
105 ILCS 5/2-3.117
105 ILCS 5/2-3.161
105 ILCS 5/10-17a  from Ch. 122, par. 10-17a
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/21B-35
105 ILCS 5/26-19
105 ILCS 5/27-6.5
105 ILCS 5/29-5  from Ch. 122, par. 29-5
105 ILCS 5/34-18.43
105 ILCS 5/2-3.11 rep.

    Amends the Sick Leave Bank Act. Provides that the term "Agency" does not include the State Board of Education. Amends the School Code to make changes in provisions concerning the State Board's strategic plan, a State mandate report, the School Technology Program, a reading advisory group, school district and school report cards, the suspension or expulsion of pupils, licensure requirements for educators trained in other states or countries, chronic absenteeism in preschool children, physical fitness assessments, State reimbursement for transportation, and the Chicago Educational Facilities Task Force. Repeals a provision concerning the State Board's annual report to the Governor and General Assembly on the condition of the schools. Effective immediately.


LRB102 16609 CMG 22008 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2043LRB102 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, 2-3.117, 2-3.161, 10-17a, 10-22.6,
1421B-35, 26-19, 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 5/2-3.117)
6    Sec. 2-3.117. School Technology Program.
7    (a) The State Board of Education is authorized to provide
8technology-based learning resources, including tuition
9reimbursement for approved online courses for students, to
10school districts to improve educational opportunities and
11student achievement throughout the State.
12    (b) The State Board of Education is authorized, to the
13extent funds are available, to establish a statewide support
14system for information, professional development, technical
15assistance, network design consultation, leadership,
16technology planning consultation, and information exchange; to
17expand school district connectivity; and to increase the
18quantity and quality of student and educator access to on-line
19resources, experts, and communications avenues from moneys
20appropriated for the purposes of this Section.
21    (b-5) The State Board of Education may enter into
22intergovernmental contracts or agreements with other State
23agencies, public community colleges, public libraries, public
24and private colleges and universities, museums on public land,
25and other public agencies in the areas of technology,

 

 

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1telecommunications, and information access, under such terms
2as the parties may agree, provided that those contracts and
3agreements are in compliance with the Department of Central
4Management Services' mandate to provide telecommunications
5services to all State agencies.
6    (c) (Blank).
7    (d) (Blank).
8(Source: P.A. 95-793, eff. 1-1-09.)
 
9    (105 ILCS 5/2-3.161)
10    Sec. 2-3.161. Definition of dyslexia; reading instruction
11advisory group; handbook.
12    (a) The State Board of Education shall incorporate, in
13both general education and special education, the following
14definition of dyslexia:
15        Dyslexia is a specific learning disability that is
16    neurobiological in origin. Dyslexia is characterized by
17    difficulties with accurate and/or fluent word recognition
18    and by poor spelling and decoding abilities. These
19    difficulties typically result from a deficit in the
20    phonological component of language that is often
21    unexpected in relation to other cognitive abilities and
22    the provision of effective classroom instruction.
23    Secondary consequences may include problems in reading
24    comprehension and reduced reading experience that can
25    impede growth of vocabulary and background knowledge.

 

 

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1    (b) (Blank). Subject to specific State appropriation or
2the availability of private donations, the State Board of
3Education shall establish an advisory group to develop a
4training module or training modules to provide education and
5professional development to teachers, school administrators,
6and other education professionals regarding multi-sensory,
7systematic, and sequential instruction in reading. This
8advisory group shall complete its work before December 15,
92015 and is abolished on December 15, 2015. The State Board of
10Education shall reestablish the advisory group abolished on
11December 15, 2015 to complete the abolished group's work. The
12reestablished advisory group shall complete its work before
13December 31, 2016 and is abolished on December 31, 2016. The
14provisions of this subsection (b), other than this sentence,
15are inoperative after December 31, 2016.
16    (c) The State Board of Education shall develop and
17maintain a handbook to be made available on its Internet
18website that provides guidance for pupils, parents or
19guardians, and teachers on the subject of dyslexia. The
20handbook shall include, but is not limited to:
21        (1) guidelines for teachers and parents or guardians
22    on how to identify signs of dyslexia;
23        (2) a description of educational strategies that have
24    been shown to improve the academic performance of pupils
25    with dyslexia; and
26        (3) a description of resources and services available

 

 

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1    to pupils with dyslexia, parents or guardians of pupils
2    with dyslexia, and teachers.
3    The State Board shall review the handbook once every 4
4years to update, if necessary, the guidelines, educational
5strategies, or resources and services made available in the
6handbook.
7(Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15;
899-602, eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff.
98-18-17; 100-617, eff. 7-20-18.)
 
10    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
11    Sec. 10-17a. State, school district, and school report
12cards.
13    (1) By October 31, 2013 and October 31 of each subsequent
14school year, the State Board of Education, through the State
15Superintendent of Education, shall prepare a State report
16card, school district report cards, and school report cards,
17and shall by the most economic means provide to each school
18district in this State, including special charter districts
19and districts subject to the provisions of Article 34, the
20report cards for the school district and each of its schools.
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
24cards for the school districts and each of its schools shall be
25prepared by December 31.

 

 

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

 

 

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1    under Section 2-3.64a-5 of this Code; the percentage of
2    students who annually transferred in or out of the school
3    district; average daily attendance; the per-pupil
4    operating expenditure of the school district; and the
5    per-pupil State average operating expenditure for the
6    district type (elementary, high school, or unit);
7        (B) curriculum information, including, where
8    applicable, Advanced Placement, International
9    Baccalaureate or equivalent courses, dual enrollment
10    courses, foreign language classes, school personnel
11    resources (including Career Technical Education teachers),
12    before and after school programs, extracurricular
13    activities, subjects in which elective classes are
14    offered, health and wellness initiatives (including the
15    average number of days of Physical Education per week per
16    student), approved programs of study, awards received,
17    community partnerships, and special programs such as
18    programming for the gifted and talented, students with
19    disabilities, and work-study students;
20        (C) student outcomes, including, where applicable, the
21    percentage of students deemed proficient on assessments of
22    State standards, the percentage of students in the eighth
23    grade who pass Algebra, the percentage of students who
24    participated in workplace learning experiences, the
25    percentage of students enrolled in post-secondary
26    institutions (including colleges, universities, community

 

 

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

 

 

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

 

 

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

 

 

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1environment of similar schools based on the type of school and
2enrollment of low-income students, special education students,
3and English learners.
4    As used in this subsection (2):
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 to
10which students are assigned based on advanced cognitive
11ability or advanced academic achievement compared to local age
12peers and in which the curriculum is substantially
13differentiated from the general curriculum to provide
14appropriate challenge and pace.
15    "Gifted education" means educational services, including
16differentiated curricula and instructional methods, designed
17to meet the needs of gifted children as defined in Article 14A
18of this Code.
19    For the purposes of paragraph (A) of this subsection (2),
20"average daily attendance" means the average of the actual
21number of attendance days during the previous school year for
22any enrolled student who is subject to compulsory attendance
23by Section 26-1 of this Code at each school and charter school.
24    (3) At the discretion of the State Superintendent, the
25school district report card shall include a subset of the
26information identified in paragraphs (A) through (E) of

 

 

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1subsection (2) of this Section, as well as information
2relating to the operating expense per pupil and other finances
3of the school district, and the State report card shall
4include a subset of the information identified in paragraphs
5(A) through (E) and paragraph (N) of subsection (2) of this
6Section. The school district report card shall include the
7average daily attendance, as that term is defined in
8subsection (2) of this Section, of students who have
9individualized education programs and students who have 504
10plans that provide for special education services within the
11school district.
12    (4) Notwithstanding anything to the contrary in this
13Section, in consultation with key education stakeholders, the
14State Superintendent shall at any time have the discretion to
15amend or update any and all metrics on the school, district, or
16State report card.
17    (5) Annually, no more than 30 calendar days after receipt
18of the school district and school report cards from the State
19Superintendent of Education, each school district, including
20special charter districts and districts subject to the
21provisions of Article 34, shall present such report cards at a
22regular school board meeting subject to applicable notice
23requirements, post the report cards on the school district's
24Internet web site, if the district maintains an Internet web
25site, make the report cards available to a newspaper of
26general circulation serving the district, and, upon request,

 

 

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1send the report cards home to a parent (unless the district
2does not maintain an Internet web site, in which case the
3report card shall be sent home to parents without request). If
4the district posts the report card on its Internet web site,
5the district shall send a written notice home to parents
6stating (i) that the report card is available on the web site,
7(ii) the address of the web site, (iii) that a printed copy of
8the report card will be sent to parents upon request, and (iv)
9the telephone number that parents may call to request a
10printed copy of the report card.
11    (6) Nothing contained in Public Act 98-648 repeals,
12supersedes, invalidates, or nullifies final decisions in
13lawsuits pending on July 1, 2014 (the effective date of Public
14Act 98-648) in Illinois courts involving the interpretation of
15Public Act 97-8.
16(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
17100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
188-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
19eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
 
20    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
21    Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, pursuant to subsection (b-20)

 

 

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

 

 

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1guilty of gross disobedience or misconduct, or to suspend
2pupils guilty of gross disobedience or misconduct on the
3school bus from riding the school bus, pursuant to subsections
4(b-15) and (b-20) of this Section, and no action shall lie
5against them for such suspension. The board may by policy
6authorize the superintendent of the district or the principal,
7assistant principal, or dean of students of any school to
8suspend pupils guilty of such acts for a period not to exceed
910 school days. If a pupil is suspended due to gross
10disobedience or misconduct on a school bus, the board may
11suspend the pupil in excess of 10 school days for safety
12reasons.
13    Any suspension shall be reported immediately to the
14parents or guardian of a pupil along with a full statement of
15the reasons for such suspension and a notice of their right to
16a review. The school board must be given a summary of the
17notice, including the reason for the suspension and the
18suspension length. Upon request of the parents or guardian,
19the school board or a hearing officer appointed by it shall
20review such action of the superintendent or principal,
21assistant principal, or dean of students. At such review, the
22parents or guardian of the pupil may appear and discuss the
23suspension with the board or its hearing officer. If a hearing
24officer is appointed by the board, he shall report to the board
25a written summary of the evidence heard at the meeting. After
26its hearing or upon receipt of the written report of its

 

 

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

 

 

SB2043- 20 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 21 -LRB102 16609 CMG 22008 b

1(b-20), the determination of whether "appropriate and
2available behavioral and disciplinary interventions have been
3exhausted" shall be made by school officials. School officials
4shall make all reasonable efforts to resolve such threats,
5address such disruptions, and minimize the length of student
6exclusions to the greatest extent practicable. Within the
7suspension decision described in subsection (b) of this
8Section or the expulsion decision described in subsection (a)
9of this Section, it shall be documented whether other
10interventions were attempted or whether it was determined that
11there were no other appropriate and available interventions.
12    (b-25) Students who are suspended out-of-school for longer
13than 4 school days shall be provided appropriate and available
14support services during the period of their suspension. For
15purposes of this subsection (b-25), "appropriate and available
16support services" shall be determined by school authorities.
17Within the suspension decision described in subsection (b) of
18this Section, it shall be documented whether such services are
19to be provided or whether it was determined that there are no
20such appropriate and available services.
21    A school district may refer students who are expelled to
22appropriate and available support services.
23    A school district shall create a policy to facilitate the
24re-engagement of students who are suspended out-of-school,
25expelled, or returning from an alternative school setting.
26    (b-30) A school district shall create a policy by which

 

 

SB2043- 22 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 23 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 24 -LRB102 16609 CMG 22008 b

1expulsion as provided in this Section may be eligible for a
2transfer to an alternative school program in accordance with
3Article 13A of the School Code.
4    (d-5) The board may suspend or by regulation authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend a
7student for a period not to exceed 10 school days or may expel
8a student for a definite period of time not to exceed 2
9calendar years, as determined on a case-by-case basis, if (i)
10that student has been determined to have made an explicit
11threat on an Internet website against a school employee, a
12student, or any school-related personnel, (ii) the Internet
13website through which the threat was made is a site that was
14accessible within the school at the time the threat was made or
15was available to third parties who worked or studied within
16the school grounds at the time the threat was made, and (iii)
17the threat could be reasonably interpreted as threatening to
18the safety and security of the threatened individual because
19of his or her duties or employment status or status as a
20student inside the school.
21    (e) To maintain order and security in the schools, school
22authorities may inspect and search places and areas such as
23lockers, desks, parking lots, and other school property and
24equipment owned or controlled by the school, as well as
25personal effects left in those places and areas by students,
26without notice to or the consent of the student, and without a

 

 

SB2043- 25 -LRB102 16609 CMG 22008 b

1search warrant. As a matter of public policy, the General
2Assembly finds that students have no reasonable expectation of
3privacy in these places and areas or in their personal effects
4left in these places and areas. School authorities may request
5the assistance of law enforcement officials for the purpose of
6conducting inspections and searches of lockers, desks, parking
7lots, and other school property and equipment owned or
8controlled by the school for illegal drugs, weapons, or other
9illegal or dangerous substances or materials, including
10searches conducted through the use of specially trained dogs.
11If a search conducted in accordance with this Section produces
12evidence that the student has violated or is violating either
13the law, local ordinance, or the school's policies or rules,
14such evidence may be seized by school authorities, and
15disciplinary action may be taken. School authorities may also
16turn over such evidence to law enforcement authorities.
17    (f) Suspension or expulsion may include suspension or
18expulsion from school and all school activities and a
19prohibition from being present on school grounds.
20    (g) A school district may adopt a policy providing that if
21a student is suspended or expelled for any reason from any
22public or private school in this or any other state, the
23student must complete the entire term of the suspension or
24expulsion in an alternative school program under Article 13A
25of this Code or an alternative learning opportunities program
26under Article 13B of this Code before being admitted into the

 

 

SB2043- 26 -LRB102 16609 CMG 22008 b

1school district if there is no threat to the safety of students
2or staff in the alternative program.
3    (h) School officials shall not advise or encourage
4students to drop out voluntarily due to behavioral or academic
5difficulties.
6    (i) A student may not be issued a monetary fine or fee as a
7disciplinary consequence, though this shall not preclude
8requiring a student to provide restitution for lost, stolen,
9or damaged property.
10    (j) Subsections (a) through (i) of this Section shall
11apply to elementary and secondary schools, charter schools,
12special charter districts, and school districts organized
13under Article 34 of this Code.
14    (k) The expulsion of children enrolled in programs funded
15under Section 1C-2 of this Code is subject to the requirements
16under paragraph (7) of subsection (a) of Section 2-3.71 of
17this Code.
18    (l) Beginning with the 2018-2019 school year, an in-school
19suspension program provided by a school district for any
20students in kindergarten through grade 12 may focus on
21promoting non-violent conflict resolution and positive
22interaction with other students and school personnel. A school
23district may employ a school social worker or a licensed
24mental health professional to oversee an in-school suspension
25program in kindergarten through grade 12.
26(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;

 

 

SB2043- 27 -LRB102 16609 CMG 22008 b

1100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
27-12-19.)
 
3    (105 ILCS 5/21B-35)
4    Sec. 21B-35. Minimum requirements for educators trained in
5other states or countries.
6    (a) Any applicant who has not been entitled by an
7Illinois-approved educator preparation program at an Illinois
8institution of higher education applying for a Professional
9Educator License endorsed in a teaching field or school
10support personnel area must meet the following requirements:
11        (1) the applicant must:
12            (A) hold a comparable and valid educator license
13        or certificate, as defined by rule, with similar grade
14        level and content area credentials from another state,
15        with the State Board of Education having the authority
16        to determine what constitutes similar grade level and
17        content area credentials from another state;
18            (B) have a bachelor's degree from a regionally
19        accredited institution of higher education; and
20            (C) (blank); or have demonstrated proficiency in
21        the English language by either passing the English
22        language proficiency test required by the State Board
23        of Education or providing evidence of completing a
24        postsecondary degree at an institution in which the
25        mode of instruction was English; or

 

 

SB2043- 28 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 29 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 30 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 31 -LRB102 16609 CMG 22008 b

1    certificate for the Illinois endorsement sought.
2        (2) Have successfully met all State licensure
3    examination requirements, as required by Section 21B-30 of
4    this Code. Applicants who have successfully completed a
5    test of content, as defined by rules, at the time of
6    initial licensure in another state or country shall not be
7    required to complete a test of content.
8        (2.5) Have completed an internship, as defined by
9    rule.
10        (3) (Blank).
11        (4) Have completed coursework aligned to standards
12    concerning methods of instruction of the exceptional
13    child, methods of reading and reading in the content area,
14    and instructional strategies for English learners.
15        (4.5) (Blank). Have demonstrated proficiency in the
16    English language by either passing the English language
17    proficiency test required by the State Board of Education
18    or providing evidence of completing a postsecondary degree
19    at an institution in which the mode of instruction was
20    English.
21        (5) Have completed a master's degree.
22        (6) Have successfully completed teaching, school
23    support, or administrative experience as defined by rule.
24    (b-7) All applicants who have not been entitled by an
25Illinois-approved educator preparation program at an Illinois
26institution of higher education applying for a Professional

 

 

SB2043- 32 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 33 -LRB102 16609 CMG 22008 b

1institution of higher education and must hold a comparable and
2valid educator license or certificate with similar grade level
3and subject matter credentials, with the State Board of
4Education having the authority to determine what constitutes
5similar grade level and subject matter credentials from
6another state, or must meet all of the following requirements:
7        (1) Have completed a master's degree in school
8    business management, finance, or accounting.
9        (2) Have successfully completed an internship in
10    school business management or have 2 years of experience
11    as a school business administrator.
12        (3) Have successfully met all State examination
13    requirements, as required by Section 21B-30 of this Code.
14    Applicants who have successfully completed a test of
15    content, as identified by rules, at the time of initial
16    licensure in another state or country shall not be
17    required to complete a test of content.
18        (4) Have completed modules aligned to standards
19    concerning methods of instruction of the exceptional
20    child, methods of reading and reading in the content area,
21    and instructional strategies for English learners.
22    (c) The State Board of Education, in consultation with the
23State Educator Preparation and Licensure Board, may adopt such
24rules as may be necessary to implement this Section.
25(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18;
26100-596, eff. 7-1-18; 101-220, eff. 8-7-19; 101-643, eff.

 

 

SB2043- 34 -LRB102 16609 CMG 22008 b

16-18-20.)
 
2    (105 ILCS 5/26-19)
3    Sec. 26-19. Chronic absenteeism in preschool children.
4    (a) In this Section, "chronic absence" has the meaning
5ascribed to that term in Section 26-18 of this Code.
6    (b) The General Assembly makes all of the following
7findings:
8        (1) The early years are an extremely important period
9    in a child's learning and development.
10        (2) Missed learning opportunities in the early years
11    make it difficult for a child to enter kindergarten ready
12    for success.
13        (3) Attendance patterns in the early years serve as
14    predictors of chronic absenteeism and reduced educational
15    outcomes in later school years. Therefore, it is crucial
16    that the implications of chronic absence be understood and
17    reviewed regularly under the Preschool for All Program and
18    Preschool for All Expansion Program in all publicly funded
19    early childhood programs receiving State funds under
20    Section 2-3.71 of this Code.
21    (c) The Preschool for All Program and Preschool for All
22Expansion Program Beginning July 1, 2019, any publicly funded
23early childhood program receiving State funds under Section
242-3.71 of this Code shall collect and review its chronic
25absence data and determine what support and resources are

 

 

SB2043- 35 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 36 -LRB102 16609 CMG 22008 b

1    (105 ILCS 5/27-6.5)
2    Sec. 27-6.5. Physical fitness assessments in schools.
3    (a) As used in this Section, "physical fitness assessment"
4means a series of assessments to measure aerobic capacity,
5body composition, muscular strength, muscular endurance, and
6flexibility.
7    (b) To measure the effectiveness of State Goal 20 of the
8Illinois Learning Standards for Physical Development and
9Health, beginning with the 2016-2017 school year and every
10school year thereafter, the State Board of Education shall
11require all public schools to use a scientifically-based,
12health-related physical fitness assessment for grades 3
13through 12 and periodically report fitness information to the
14State Board of Education, as set forth in subsections (c) and
15(e) of this Section, to assess student fitness indicators.
16    Public schools shall integrate health-related fitness
17testing into the curriculum as an instructional tool, except
18in grades before the 3rd grade. Fitness tests must be
19appropriate to students' developmental levels and physical
20abilities. The testing must be used to teach students how to
21assess their fitness levels, set goals for improvement, and
22monitor progress in reaching their goals. Fitness scores shall
23not be used for grading students or evaluating teachers.
24    (c) (Blank). On or before October 1, 2014, the State
25Superintendent of Education shall appoint a 15-member

 

 

SB2043- 37 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 38 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 39 -LRB102 16609 CMG 22008 b

1emergency pursuant to Section 7 of the Illinois Emergency
2Management Agency Act.
3    (e) The On or before September 1, 2016, the State Board of
4Education shall adopt rules for data submission by school
5districts and develop a system for collecting and reporting
6the aggregated fitness information from the physical fitness
7assessments. This system shall also support the collection of
8data from school districts that use a fitness testing software
9program.
10    (f) School districts may report the aggregate findings of
11physical fitness assessments by grade level and school to
12parents and members of the community through typical
13communication channels, such as Internet websites, school
14newsletters, school board reports, and presentations.
15Districts may also provide individual fitness assessment
16reports to students' parents.
17    (g) Nothing in this Section precludes schools from
18implementing a physical fitness assessment before the
192016-2017 school year or from implementing more robust forms
20of a physical fitness assessment.
21(Source: P.A. 101-643, eff. 6-18-20.)
 
22    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
23    Sec. 29-5. Reimbursement by State for transportation. Any
24school district, maintaining a school, transporting resident
25pupils to another school district's vocational program,

 

 

SB2043- 40 -LRB102 16609 CMG 22008 b

1offered through a joint agreement approved by the State Board
2of Education, as provided in Section 10-22.22 or transporting
3its resident pupils to a school which meets the standards for
4recognition as established by the State Board of Education
5which provides transportation meeting the standards of safety,
6comfort, convenience, efficiency and operation prescribed by
7the State Board of Education for resident pupils in
8kindergarten or any of grades 1 through 12 who: (a) reside at
9least 1 1/2 miles as measured by the customary route of travel,
10from the school attended; or (b) reside in areas where
11conditions are such that walking constitutes a hazard to the
12safety of the child when determined under Section 29-3; and
13(c) are transported to the school attended from pick-up points
14at the beginning of the school day and back again at the close
15of the school day or transported to and from their assigned
16attendance centers during the school day, shall be reimbursed
17by the State as hereinafter provided in this Section.
18    The State will pay the prorated allowable cost of
19transporting eligible pupils less the real equalized assessed
20valuation as computed under paragraph (3) of subsection (d) of
21Section 18-8.15 prior year assessed valuation in a dual school
22district maintaining secondary grades 9 to 12 inclusive times
23a qualifying rate of .05%; in elementary school districts
24maintaining grades K to 8 times a qualifying rate of .06%; and
25in unit districts maintaining grades K to 12, including
26partial elementary unit districts formed pursuant to Article

 

 

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111E optional elementary unit districts and combined high
2school - unit districts, times a qualifying rate of .07%;
3provided that for optional elementary unit districts and
4combined high school - unit districts, prior year assessed
5valuation for high school purposes, as defined in Article 11E
6of this Code, must be used. To be eligible to receive
7reimbursement in excess of 4/5 of the cost to transport
8eligible pupils, a school district or partial elementary unit
9district formed pursuant to Article 11E shall have a
10Transportation Fund tax rate of at least .12%. The
11Transportation Fund tax rate for a partial elementary unit
12district formed pursuant Article 11E shall be the combined
13elementary and high school rates pursuant to paragraph (4) of
14subsection (a) of Section 18-8.15. If a school district or
15partial elementary unit district formed pursuant to Article
1611E does not have a .12% Transportation Fund tax rate, the
17amount of its claim in excess of 4/5 of the cost of
18transporting pupils shall be reduced by the sum arrived at by
19subtracting the Transportation Fund tax rate from .12% and
20multiplying that amount by the district's real equalized
21assessed valuation as computed under paragraph (3) of
22subsection (d) of Section 18-8.15 prior year equalized or
23assessed valuation, provided, that in no case shall said
24reduction result in reimbursement of less than 4/5 of the cost
25to transport eligible pupils.
26    The minimum amount to be received by a district is $16

 

 

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1times the number of eligible pupils transported.
2    When calculating the reimbursement for transportation
3costs, the State Board of Education may not deduct the number
4of pupils enrolled in early education programs from the number
5of pupils eligible for reimbursement if the pupils enrolled in
6the early education programs are transported at the same time
7as other eligible pupils.
8    Any such district transporting resident pupils during the
9school day to an area vocational school or another school
10district's vocational program more than 1 1/2 miles from the
11school attended, as provided in Sections 10-22.20a and
1210-22.22, shall be reimbursed by the State for 4/5 of the cost
13of transporting eligible pupils.
14    School day means that period of time during which the
15pupil is required to be in attendance for instructional
16purposes.
17    If a pupil is at a location within the school district
18other than his residence for child care purposes at the time
19for transportation to school, that location may be considered
20for purposes of determining the 1 1/2 miles from the school
21attended.
22    Claims for reimbursement that include children who attend
23any school other than a public school shall show the number of
24such children transported.
25    Claims for reimbursement under this Section shall not be
26paid for the transportation of pupils for whom transportation

 

 

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

 

 

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1engines or to engines which use alternative energy sources;
2the cost of travel to meetings and workshops conducted by the
3regional superintendent or the State Superintendent of
4Education pursuant to the standards established by the
5Secretary of State under Section 6-106 of the Illinois Vehicle
6Code to improve the driving skills of school bus drivers; the
7cost of maintenance of school buses including parts and
8materials used; expenditures for leasing transportation
9vehicles, except interest and service charges; the cost of
10insurance and licenses for transportation vehicles;
11expenditures for the rental of transportation equipment; plus
12a depreciation allowance of 20% for 5 years for school buses
13and vehicles approved for transporting pupils to and from
14school and a depreciation allowance of 10% for 10 years for
15other transportation equipment so used. Each school year, if a
16school district has made expenditures to the Regional
17Transportation Authority or any of its service boards, a mass
18transit district, or an urban transportation district under an
19intergovernmental agreement with the district to provide for
20the transportation of pupils and if the public transit carrier
21received direct payment for services or passes from a school
22district within its service area during the 2000-2001 school
23year, then the allowable direct cost of transporting pupils
24for regular, vocational, and special education pupil
25transportation shall also include the expenditures that the
26district has made to the public transit carrier. In addition

 

 

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1to the above allowable costs school districts shall also claim
2all transportation supervisory salary costs, including
3Illinois municipal retirement payments, and all transportation
4related building and building maintenance costs without
5limitation.
6    Special education allowable costs shall also include
7expenditures for the salaries of attendants or aides for that
8portion of the time they assist special education pupils while
9in transit and expenditures for parents and public carriers
10for transporting special education pupils when pre-approved by
11the State Superintendent of Education.
12    Indirect costs shall be included in the reimbursement
13claim for districts which own and operate their own school
14buses. Such indirect costs shall include administrative costs,
15or any costs attributable to transporting pupils from their
16attendance centers to another school building for
17instructional purposes. No school district which owns and
18operates its own school buses may claim reimbursement for
19indirect costs which exceed 5% of the total allowable direct
20costs for pupil transportation.
21    The State Board of Education shall prescribe uniform
22regulations for determining the above standards and shall
23prescribe forms of cost accounting and standards of
24determining reasonable depreciation. Such depreciation shall
25include the cost of equipping school buses with the safety
26features required by law or by the rules, regulations and

 

 

SB2043- 46 -LRB102 16609 CMG 22008 b

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

 

 

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1this Section for any school year beginning July 1, 2016, the
2equalized assessed valuation for a school district or partial
3elementary unit district formed pursuant to Article 11E used
4to compute reimbursement shall be the real equalized assessed
5valuation as computed under paragraph (3) of subsection (d) of
6Section 18-8.15. For purposes of calculating claims for
7reimbursement under this Section for any school year beginning
8July 1, 1998, or thereafter, the equalized assessed valuation
9for a school district used to compute reimbursement shall be
10computed in the same manner as it is computed under paragraph
11(2) of subsection (G) of Section 18-8.05.
12    All reimbursements received from the State shall be
13deposited into the district's transportation fund or into the
14fund from which the allowable expenditures were made.
15    Notwithstanding any other provision of law, any school
16district receiving a payment under this Section or under
17Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
18classify all or a portion of the funds that it receives in a
19particular fiscal year or from general State aid pursuant to
20Section 18-8.15 18-8.05 of this Code as funds received in
21connection with any funding program for which it is entitled
22to receive funds from the State in that fiscal year
23(including, without limitation, any funding program referenced
24in this Section), regardless of the source or timing of the
25receipt. The district may not classify more funds as funds
26received in connection with the funding program than the

 

 

SB2043- 48 -LRB102 16609 CMG 22008 b

1district is entitled to receive in that fiscal year for that
2program. Any classification by a district must be made by a
3resolution of its board of education. The resolution must
4identify the amount of any payments or general State aid to be
5classified under this paragraph and must specify the funding
6program to which the funds are to be treated as received in
7connection therewith. This resolution is controlling as to the
8classification of funds referenced therein. A certified copy
9of the resolution must be sent to the State Superintendent of
10Education. The resolution shall still take effect even though
11a copy of the resolution has not been sent to the State
12Superintendent of Education in a timely manner. No
13classification under this paragraph by a district shall affect
14the total amount or timing of money the district is entitled to
15receive under this Code. No classification under this
16paragraph by a district shall in any way relieve the district
17from or affect any requirements that otherwise would apply
18with respect to that funding program, including any accounting
19of funds by source, reporting expenditures by original source
20and purpose, reporting requirements, or requirements of
21providing services.
22    Any school district with a population of not more than
23500,000 must deposit all funds received under this Article
24into the transportation fund and use those funds for the
25provision of transportation services.
26(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17;

 

 

SB2043- 49 -LRB102 16609 CMG 22008 b

1100-863, eff. 8-14-18.)
 
2    (105 ILCS 5/34-18.43)
3    Sec. 34-18.43. Establishing an equitable and effective
4school facility development process.
5    (a) The General Assembly finds all of the following:
6        (1) The Illinois Constitution recognizes that a
7    "fundamental goal of the People of the State is the
8    educational development of all persons to the limits of
9    their capacities".
10        (2) Quality educational facilities are essential for
11    fostering the maximum educational development of all
12    persons through their educational experience from
13    pre-kindergarten through high school.
14        (3) The public school is a major institution in our
15    communities. Public schools offer resources and
16    opportunities for the children of this State who seek and
17    deserve quality education, but also benefit the entire
18    community that seeks improvement through access to
19    education.
20        (4) The equitable and efficient use of available
21    facilities-related resources among different schools and
22    among racial, ethnic, income, and disability groups is
23    essential to maximize the development of quality public
24    educational facilities for all children, youth, and
25    adults. The factors that impact the equitable and

 

 

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

 

 

SB2043- 51 -LRB102 16609 CMG 22008 b

1Chicago Educational Facilities Task Force shall be established
2within 15 days after the effective date of this amendatory Act
3of the 96th General Assembly.
4    (c) The Chicago Educational Facilities Task Force shall
5consist of all of the following members:
6        (1) Two members of the House of Representatives
7    appointed by the Speaker of the House, at least one of whom
8    shall be a member of the Elementary & Secondary Education
9    Committee.
10        (2) Two members of the House of Representatives
11    appointed by the Minority Leader of the House, at least
12    one of whom shall be a member of the Elementary & Secondary
13    Education Committee.
14        (3) Two members of the Senate appointed by the
15    President of the Senate, at least one of whom shall be a
16    member of the Education Committee.
17        (4) Two members of the Senate appointed by the
18    Minority Leader of the Senate, at least one of whom shall
19    be a member of the Education Committee.
20        (5) Two representatives of school community
21    organizations with past involvement in school facility
22    issues appointed by the Speaker of the House.
23        (6) Two representatives of school community
24    organizations with past involvement in school facility
25    issues appointed by the President of the Senate.
26        (7) The chief executive officer of the school district

 

 

SB2043- 52 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 53 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 54 -LRB102 16609 CMG 22008 b

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

 

 

SB2043- 55 -LRB102 16609 CMG 22008 b

1criteria for student mobility; the transferring of students to
2lower performing schools; teacher mobility; insufficient
3notice to and the lack of inclusion in decision-making of
4local school councils, parents, and community members about
5school facility decisions; and costly facilities-related
6expenditures due to poor educational and facilities planning.
7    (l) The State Board of Education and the school district
8shall provide administrative support to the Chicago
9Educational Facilities Task Force.
10    (m) After recommendations have been issued, the Chicago
11Educational Facilities Task Force shall meet at least once
12annually, upon the call of the chairs, for the purpose of
13reviewing Chicago public schools' compliance with the
14provisions of Sections 34-200 through 34-235 of this Code
15concerning school action and facility master planning. The
16Task Force shall prepare a report to the General Assembly, the
17Governor's Office, the Mayor of the City of Chicago, and the
18Chicago Board of Education indicating how the district has met
19the requirements of the provisions of Sections 34-200 through
2034-235 of this Code concerning school action and facility
21master planning.
22(Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11;
2397-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
 
24    (105 ILCS 5/2-3.11 rep.)
25    Section 15. The School Code is amended by repealing

 

 

SB2043- 56 -LRB102 16609 CMG 22008 b

1Section 2-3.11.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.