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Public Act 100-1046 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Legislative intent. It is the intent of the | ||||
General Assembly that State assessments be rooted in classroom | ||||
content and best practices and be used as an opportunity to | ||||
demonstrate learning and feedback. It is also the intent of the | ||||
General Assembly that assessments used for accountability | ||||
should support learning opportunities that inform instruction. | ||||
Section 5. The School Code is amended by changing Sections | ||||
2-3.25a, 2-3.25n, 2-3.52A, 2-3.61a, 2-3.64a-5, 2-3.136, | ||||
2-3.153, 10-21.3a, 10-29, 34-1.1, 34-3.5, 34-18, and 34-18.24 | ||||
as follows:
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(105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
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Sec. 2-3.25a. "School district" defined; additional | ||||
standards.
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(a) For the purposes of State accountability in this | ||||
Section and Sections 3.25b, 3.25c,
3.25d, 3.25e, and 3.25f of | ||||
this Code, "school district" includes other
public entities | ||||
responsible for administering public schools, such as
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cooperatives, joint agreements, charter schools, special | ||||
charter districts,
regional offices of
education, local |
agencies, and the Department of Human Services.
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(b) In addition to the standards
established pursuant to | ||
Section 2-3.25, the State Board of Education shall
develop | ||
recognition standards for student performance and school
| ||
improvement for all
school districts and their individual | ||
schools , which must be an outcomes-based, balanced | ||
accountability measure . The State Board of Education is | ||
prohibited from having separate performance standards for | ||
students based on race or ethnicity.
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The accountability measure shall be outlined in the State | ||
Plan that the State Board of Education submits to the federal | ||
Department of Education pursuant to the federal Every Student | ||
Succeeds Act. If the federal Every Student Succeeds Act ceases | ||
to require a State Plan, the State Board of Education shall | ||
develop a written plan in consultation with the Balanced | ||
Accountability Committee created under subsection (b-5) of | ||
this Section. | ||
Subject to the availability of federal, State, public, or | ||
private funds, the balanced accountability measure must be | ||
designed to focus on 2 components, student performance and | ||
professional practice. The student performance component shall | ||
count for 30% of the total balanced accountability measure, and | ||
the professional practice component shall count for 70% of the | ||
total balanced accountability measure. The student performance | ||
component shall focus on student outcomes and closing the | ||
achievement gaps within each school district and its individual |
schools using a Multiple Measure Index and Annual Measurable | ||
Objectives, as set forth in Section 2-3.25d of this Code. The | ||
professional practice component shall focus on the degree to | ||
which a school district, as well as its individual schools, is | ||
implementing evidence-based, best professional practices and | ||
exhibiting continued improvement. Beginning with the 2015-2016 | ||
school year, the balanced accountability measure shall consist | ||
of only the student performance component, which shall account | ||
for 100% of the total balanced accountability measure. From the | ||
2017-2018 school year through the 2022-2023 school year, the | ||
State Board of Education and a Balanced Accountability Measure | ||
Committee shall identify a number of school districts per the | ||
designated school years to begin implementing the balanced | ||
accountability measure, which includes both the student | ||
performance and professional practice components. By the | ||
2022-2023 school year, all school districts must be | ||
implementing the balanced accountability measure, which | ||
includes both components. | ||
(b-5) The Balanced Accountability Measure Committee is | ||
created and shall consist of the following individuals: a | ||
representative of a statewide association representing | ||
regional superintendents of schools, a representative of a | ||
statewide association representing principals, a | ||
representative of an association representing principals in a | ||
city having a population exceeding 500,000, a representative of | ||
a statewide association representing school administrators, a |
representative of a statewide professional teachers' | ||
organization, a representative of a different statewide | ||
professional teachers' organization, an additional | ||
representative from either statewide professional teachers' | ||
organization, a representative of a professional teachers' | ||
organization in a city having a population exceeding 500,000, a | ||
representative of a statewide association representing school | ||
boards, and a representative of a school district organized | ||
under Article 34 of this Code. The head of each association or | ||
entity listed in this paragraph shall appoint its respective | ||
representative. The State Superintendent of Education, in | ||
consultation with the Committee, may appoint no more than 2 | ||
additional individuals to the Committee, which individuals | ||
shall serve in an advisory role and must not have voting or | ||
other decision-making rights. The Committee is abolished on | ||
June 1, 2023. | ||
The Balanced Accountability Measure Committee shall meet | ||
no less than 4 times per year to discuss the accountability | ||
standards set forth in the State Plan pursuant to the federal | ||
Every Student Succeeds Act and to provide stakeholder feedback | ||
and recommendations to the State Board of Education with regard | ||
to the State Plan, which the State Board shall take into | ||
consideration. Upon completion of the 2019-2020 school year, | ||
the Balanced Accountability Measure Committee shall assess the | ||
implementation of the State Plan and, if necessary, make | ||
recommendations to the State Board for any changes. The |
Committee shall consider accountability recommendations made | ||
by the Illinois P-20 Council established under Section 22-45 of | ||
this Code, the Illinois Early Learning Council created under | ||
the Illinois Early Learning Council Act, and any other | ||
stakeholder group established by the State Board in relation to | ||
the federal Every Student Succeeds Act. The State Board shall | ||
provide to the Committee an annual report with data and other | ||
information collected from entities identified by the State | ||
Board as learning partners, including, but not limited to, data | ||
and information on the learning partners' effectiveness, | ||
geographic distribution, and cost to serve as part of a | ||
comprehensive statewide system of support. | ||
Using a Multiple Measure Index consistent with subsection | ||
(a) of Section 2-3.25d of this Code, the student performance | ||
component shall consist of the following subcategories, each of | ||
which must be valued at 10%: | ||
(1) achievement status; | ||
(2) achievement growth; and | ||
(3) Annual Measurable Objectives, as set forth in | ||
subsection (b) of Section 2-3.25d of this Code. | ||
Achievement status shall measure and assess college and career | ||
readiness, as well as the graduation rate. Achievement growth | ||
shall measure the school district's and its individual schools' | ||
student growth via this State's growth value tables. Annual | ||
Measurable Objectives shall measure the degree to which school | ||
districts, as well as their individual schools, are closing |
their achievement gaps among their student population and | ||
subgroups. | ||
The professional practice component shall consist of the | ||
following subcategories: | ||
(A) compliance; | ||
(B) evidence-based best practices; and | ||
(C) contextual improvement. | ||
Compliance, which shall count for 10%, shall measure the degree | ||
to which a school district and its individual schools meet the | ||
current State compliance requirements. Evidence-based best | ||
practices, which shall count for 30%, shall measure the degree | ||
to which school districts and their individual schools are | ||
adhering to a set of evidence-based quality standards and best | ||
practice for effective schools that include (i) continuous | ||
improvement, (ii) culture and climate, (iii) shared | ||
leadership, (iv) governance, (v) education and employee | ||
quality, (vi) family and community connections, and (vii) | ||
student and learning development and are further developed in | ||
consultation with the State Board of Education and the Balanced | ||
Accountability Measure Committee set forth in this subsection | ||
(b). Contextual improvement, which shall count for 30%, shall | ||
provide school districts and their individual schools the | ||
opportunity to demonstrate improved outcomes through local | ||
data, including without limitation school climate, unique | ||
characteristics, and barriers that impact the educational | ||
environment and hinder the development and implementation of |
action plans to address areas of school district and individual | ||
school improvement. Each school district, in good faith | ||
cooperation with its teachers or, where applicable, the | ||
exclusive bargaining representatives of its teachers, shall | ||
develop 2 measurable objectives to demonstrate contextual | ||
improvement, each of which must be equally weighted. Each | ||
school district shall begin such good faith cooperative | ||
development of these objectives no later than 6 months prior to | ||
the beginning of the school year in which the school district | ||
is to implement the professional practice component of the | ||
balanced accountability measure. The professional practice | ||
component must be scored using trained peer review teams that | ||
observe and verify school district practices using an | ||
evidence-based framework. | ||
The balanced accountability measure shall combine the | ||
student performance and professional practice components into | ||
one summative score based on 100 points at the school district | ||
and individual-school level. A school district shall be | ||
designated as "Exceeds Standards - Exemplar" if the overall | ||
score is 100 to 90, "Meets Standards - Proficient" if the | ||
overall score is 89 to 75, "Approaching Standards - Needs | ||
Improvement" if the overall score is 74 to 60, and "Below | ||
Standards - Unsatisfactory" if the overall score is 59 to 0. | ||
The balanced accountability measure shall also detail both | ||
incentives that reward school districts for continued improved | ||
performance, as provided in Section 2-3.25c of this Code, and |
consequences for school districts that fail to provide evidence | ||
of continued improved performance, which may include | ||
presentation of a barrier analysis, additional school board and | ||
administrator training, or additional State assistance. Based | ||
on its summative score, a school district may be exempt from | ||
the balanced accountability measure for one or more school | ||
years. The State Board of Education, in collaboration with the | ||
Balanced Accountability Measure Committee set forth in this | ||
subsection (b-5) (b) , shall adopt rules that further | ||
implementation in accordance with the requirements of this | ||
Section. | ||
(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; 99-642, | ||
eff. 7-28-16; 99-657, eff. 7-28-16.)
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(105 ILCS 5/2-3.25n)
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Sec. 2-3.25n. Every Student Succeeds No Child Left Behind | ||
Act; requirements and construction.
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(a) The changes in the State accountability system made by | ||
this
amendatory Act of the 93rd General Assembly are a direct | ||
result of the federal Every Student Succeeds Act
No
Child Left | ||
Behind Act of 2001 (Public Law 107-110), which requires that | ||
each
state develop and implement a single, statewide | ||
accountability system
applicable
to all schools and school | ||
districts.
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(b) As provided in the federal Every Student Succeeds Act | ||
No Child Left Behind Act of 2001 (Public
Law 107-110) , nothing |
in this amendatory Act of the 93rd General Assembly shall
be | ||
construed to alter or otherwise affect the rights, remedies, | ||
and procedures
afforded school district or school employees | ||
under federal, State, or local law
(including applicable rules, | ||
regulations, or court orders) or under the terms
of
collective | ||
bargaining agreements, memoranda of understanding, or other
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agreements between such employees and their employers. | ||
(c) The State Board of Education may identify a school | ||
district as eligible for targeted and comprehensive services | ||
under the federal Every Student Succeeds Act.
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(Source: P.A. 93-470, eff. 8-8-03.)
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(105 ILCS 5/2-3.52A) (from Ch. 122, par. 2-3.52A)
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Sec. 2-3.52A. Pilot programs. The To improve the quality of
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teaching as a profession the State Board of Education may,
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pursuant to the federal Every Student Succeeds Act and | ||
appropriations for such purposes, establish educator | ||
preparation pilot
programs for teachers relating to clinical | ||
schools, restructuring
the teaching workplace, and providing | ||
special assistance and support
to beginning teachers . Such | ||
programs shall be conducted in accordance
with rules adopted by | ||
the State Board of Education. Such rules shall
provide for, but | ||
not be limited to, advisory councils and annual
reports on the | ||
progress of the pilot programs.
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(Source: P.A. 85-322.)
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(105 ILCS 5/2-3.61a)
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Sec. 2-3.61a. 21st Century Community Learning Center Grant | ||
Program.
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(a) The State Board of Education shall be the designated | ||
agency responsible
for the
administration of programs under | ||
Part I of Subchapter X of Chapter 70 of the
federal Elementary
| ||
and Secondary Education Act of 1965.
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(b) The State Board of Education shall establish and | ||
implement a 21st
Century
Community Learning Center Grant | ||
Program, in accordance with federal guidelines,
to provide
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grants to support whole child-focused academically focused | ||
after-school programs that are aligned with the regular | ||
academic programs of a school and the academic needs of | ||
students. These grants shall be used to help those students who | ||
attend high-poverty, low-performing schools meet State and | ||
local performance standards in core academic subjects and, if | ||
applicable, increase school day attendance and improve | ||
social-emotional skills for students who
attend
high-poverty, | ||
low-performing schools. These grants shall be used to help | ||
those
students who
attend high-poverty, low-performing schools | ||
meet State and local performance
standards in core
academic | ||
subjects and to offer opportunities for families of | ||
participating students to have meaningful engagement in their | ||
children's education that are linked to learning and healthy | ||
development outcomes opportunities
for improved
literacy and | ||
related educational development . If appropriate, external |
stakeholder feedback shall be gathered and used to inform the | ||
grant application.
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The State Board of Education shall award grants to eligible | ||
applicants
that are of sufficient size and scope to implement | ||
support
high-quality, effective
after-school programs, to | ||
ensure reasonable success of achieving the goals
identified in | ||
the grant
application, and to offer those activities that are | ||
necessary to achieve these
goals and performance indicators and | ||
measures with a direct link to student achievement .
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(c) Using State funds, subject to appropriation, and any | ||
federal funds
received for
this purpose,
the State Board of | ||
Education may establish any other grant programs that are
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necessary to
establish high-quality, academically based, | ||
after-school programs that include
family-centered
education | ||
activities.
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(d) The State Board of Education may adopt any rules | ||
necessary to implement
this
Section.
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(Source: P.A. 93-374, eff. 7-24-03.)
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(105 ILCS 5/2-3.64a-5) | ||
Sec. 2-3.64a-5. State goals and assessment. | ||
(a) For the assessment and accountability purposes of this | ||
Section, "students" includes those students enrolled in a | ||
public or State-operated elementary school, secondary school, | ||
or cooperative or joint agreement with a governing body or | ||
board of control, a charter school operating in compliance with |
the Charter Schools Law, a school operated by a regional office | ||
of education under Section 13A-3 of this Code, or a public | ||
school administered by a local public agency or the Department | ||
of Human Services. | ||
(b) The State Board of Education shall establish the | ||
academic standards that are to be applicable to students who | ||
are subject to State assessments under this Section. The State | ||
Board of Education shall not establish any such standards in | ||
final form without first providing opportunities for public | ||
participation and local input in the development of the final | ||
academic standards. Those opportunities shall include a | ||
well-publicized period of public comment and opportunities to | ||
file written comments. | ||
(c) Beginning no later than the 2014-2015 school year, the | ||
State Board of Education shall annually assess all students | ||
enrolled in grades 3 through 8 in English language arts and | ||
mathematics. | ||
Beginning no later than the 2017-2018 school year, the | ||
State Board of Education shall annually assess all students in | ||
science at one grade in grades 3 through 5, at one grade in | ||
grades 6 through 8, and at one grade in grades 9 through 12. | ||
The State Board of Education shall annually assess schools | ||
that operate a secondary education program, as defined in | ||
Section 22-22 of this Code, in English language arts and | ||
mathematics. The State Board of Education shall administer no | ||
more than 3 assessments, per student, of English language arts |
and mathematics for students in a secondary education program. | ||
One of these assessments shall include a college and career | ||
ready determination that shall be recognized accepted by this | ||
State's public institutions of higher education, as defined in | ||
the Board of Higher Education Act, for the purpose of student | ||
application or admissions consideration. The assessment | ||
administered by the State Board of Education for the purpose of | ||
student application to or admissions consideration by | ||
institutions of higher education must be administered on a | ||
school day during regular student attendance hours. | ||
Students who do are not take the State's final | ||
accountability assessment or its approved alternate assessment | ||
assessed for college and career ready determinations may not | ||
receive a regular high school diploma unless the student is | ||
exempted from taking the State assessments under subsection (d) | ||
of this Section because (i) the student's individualized | ||
educational program developed under Article 14 of this Code | ||
identifies the State assessment as inappropriate for the | ||
student, (ii) the student is enrolled in a program of adult and | ||
continuing education, as defined in the Adult Education Act, | ||
(iii) the school district is not required to assess the | ||
individual student for purposes of accountability under | ||
federal No Child Left Behind Act of 2001 requirements, (iv) the | ||
student has been determined to be an English learner and has | ||
been enrolled in schools in the United States for less than 12 | ||
months, or (v) the student is otherwise identified by the State |
Board of Education, through rules, as being exempt from the | ||
assessment. | ||
The State Board of Education shall not assess students | ||
under this Section in subjects not required by this Section. | ||
Districts shall inform their students of the timelines and | ||
procedures applicable to their participation in every yearly | ||
administration of the State assessments.
The State Board of | ||
Education shall establish periods of time in each school year | ||
during which State assessments shall occur to meet the | ||
objectives of this Section. | ||
(d) Every individualized educational program as described | ||
in Article 14 shall identify if the State assessment or | ||
components thereof require accommodation are appropriate for | ||
the student. The State Board of Education shall develop rules | ||
governing the administration of an alternate assessment that | ||
may be available to students for whom participation in this | ||
State's regular assessments is not appropriate, even with | ||
accommodations as allowed under this Section. | ||
Students receiving special education services whose | ||
individualized educational programs identify them as eligible | ||
for the alternative State assessments nevertheless shall have | ||
the option of also taking this State's regular final | ||
accountability assessment that includes a college and career | ||
ready determination , which shall be administered in accordance | ||
with the eligible accommodations appropriate for meeting these | ||
students' respective needs. |
All students determined to be English learners shall | ||
participate in the State assessments . The scores of , excepting | ||
those students who have been enrolled in schools in the United | ||
States for less than 12 months may not be used for the purposes | ||
of accountability . Such students may be exempted from | ||
participation in one annual administration of the English | ||
language arts assessment. Any student determined to be an | ||
English learner shall receive appropriate assessment | ||
accommodations, including language supports, which shall be | ||
established by rule. Approved assessment accommodations must | ||
be provided until the student's English language skills develop | ||
to the extent that the student is no longer considered to be an | ||
English learner, as demonstrated through a State-identified | ||
English language proficiency assessment. | ||
(e) The results or scores of each assessment taken under | ||
this Section shall be made available to the parents of each | ||
student. | ||
In each school year, the scores attained by a student on | ||
the final accountability State assessment that includes a | ||
college and career ready determination must be placed in the | ||
student's permanent record pursuant to rules that the State | ||
Board of Education shall adopt for that purpose in accordance | ||
with Section 3 of the Illinois School Student Records Act. In | ||
each school year, the scores attained by a student on the State | ||
assessments administered in grades 3 through 8 must be placed | ||
in the student's temporary record. |
(f) All schools shall administer the State's an academic | ||
assessment of English language proficiency in oral language | ||
(listening and speaking) and reading and writing skills to all | ||
children determined to be English learners. | ||
(g) All schools in this State that are part of the sample | ||
drawn by the National Center for Education Statistics, in | ||
collaboration with their school districts and the State Board | ||
of Education, shall administer the biennial academic | ||
assessments under the National Assessment of Educational | ||
Progress carried out under Section 411(b)(2) of the federal | ||
National Education Statistics Act of 1994 (20 U.S.C. 9010) if | ||
the U.S. Secretary of Education pays the costs of administering | ||
the assessments. | ||
(h) (Blank). Subject to available funds to this State for | ||
the purpose of student assessment, the State Board of Education | ||
shall provide additional assessments and assessment resources | ||
that may be used by school districts for local assessment | ||
purposes. The State Board of Education shall annually | ||
distribute a listing of these additional resources. | ||
(i) For the purposes of this subsection (i), "academically | ||
based assessments" means assessments consisting of questions | ||
and answers that are measurable and quantifiable to measure the | ||
knowledge, skills, and ability of students in the subject | ||
matters covered by the assessments. All assessments | ||
administered pursuant to this Section must be academically | ||
based assessments. The scoring of academically based |
assessments shall be reliable, valid, and fair and shall meet | ||
the guidelines for assessment development and use prescribed by | ||
the American Psychological Association, the National Council | ||
on Measurement in Education, and the American Educational | ||
Research Association. | ||
The State Board of Education shall review the use of all | ||
assessment item types in order to ensure that they are valid | ||
and reliable indicators of student performance aligned to the | ||
learning standards being assessed and that the development, | ||
administration, and scoring of these item types are justifiable | ||
in terms of cost. | ||
(j) The State Superintendent of Education shall appoint a | ||
committee of no more than 21 members, consisting of parents, | ||
teachers, school administrators, school board members, | ||
assessment experts, regional superintendents of schools, and | ||
citizens, to review the State assessments administered by the | ||
State Board of Education. The Committee shall select one of its | ||
members as its chairperson. The Committee shall meet on an | ||
ongoing basis to review the content and design of the | ||
assessments (including whether the requirements of subsection | ||
(i) of this Section have been met), the time and money expended | ||
at the local and State levels to prepare for and administer the | ||
assessments, the collective results of the assessments as | ||
measured against the stated purpose of assessing student | ||
performance, and other issues involving the assessments | ||
identified by the Committee. The Committee shall make periodic |
recommendations to the State Superintendent of Education and | ||
the General Assembly concerning the assessments. | ||
(k) The State Board of Education may adopt rules to | ||
implement this Section.
| ||
(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17; | ||
revised 9-22-17.) | ||
(105 ILCS 5/2-3.136)
| ||
Sec. 2-3.136. Funding for class Class size reduction grant | ||
programs . | ||
(a) Class size reduction funding shall assist A K-3 class | ||
size
reduction grant program is created. The program shall be | ||
implemented
and
administered by the State Board of Education. | ||
From
appropriations made for purposes of this Section, the | ||
State Board shall award grants to schools that meet
the | ||
criteria established by this Section subsection (a) for the | ||
award of funds those grants .
| ||
(a-5) Funds Grants shall be awarded pursuant to | ||
application. The form and manner of
applications and the | ||
criteria for the award of funds grants shall be prescribed by
| ||
the State Board of Education. The grant criteria as so | ||
prescribed, however,
shall provide that only those schools that | ||
are identified as priority schools under Section 2-3.25d-5 of | ||
this Code and that maintain grades kindergarten through 3 are | ||
grant eligible.
|
Funding Grants awarded to eligible schools under this | ||
Section subsection (a) shall be used and
applied by the schools | ||
to defray the costs and expenses of reducing class size to a | ||
level that is evidence-based. If a school's facilities are | ||
inadequate to allow for the specified class size, then funding | ||
may be used for, but is not limited to, support for | ||
professional learning. operating and
maintaining classes in | ||
grades kindergarten through 3 with an average class size within | ||
a specific grade of no more than 20 pupils. If a school's | ||
facilities are inadequate to allow for this specified class | ||
size, then a school may use the grant funds for teacher aides | ||
instead.
| ||
(b) (Blank). A K-3 pilot class size reduction grant program | ||
is created. The program shall be implemented and administered | ||
by the State Board of Education. From appropriations made for | ||
purposes of this subsection (b), the State Board shall award | ||
grants to schools that meet the criteria established by this | ||
Section for the award of those grants. | ||
Grants shall be awarded pursuant to application. The form | ||
and manner of application and the criteria for the award of | ||
grants shall be prescribed by the State Board of Education. | ||
Grants awarded to eligible schools under this subsection | ||
(b) shall be used and applied by the schools to defray the | ||
costs and expenses of operating and maintaining classes in | ||
grades kindergarten through 3 of no more than 15 pupils per | ||
teacher per class. A teacher aide may not be used to meet this |
requirement. | ||
(c) (Blank). If a school board determines that a school is | ||
using funds awarded under this Section for purposes not | ||
authorized by this Section, then the school board, rather than | ||
the school, shall determine how the funds are used.
| ||
(d) The State Board of Education shall adopt any rules, | ||
consistent with the
requirements of this Section, that are | ||
necessary to implement and administer
this Section the class | ||
size reduction grant programs .
| ||
(Source: P.A. 99-193, eff. 7-30-15.) | ||
(105 ILCS 5/2-3.153) | ||
Sec. 2-3.153. Survey of learning conditions. | ||
(a) The State Board of Education shall administer a climate | ||
survey, identified by and paid for by the State Board of | ||
Education, select for statewide administration an instrument | ||
to provide feedback from, at a minimum, students in grades 4 6 | ||
through 12 and teachers on the instructional environment within | ||
a school . Each after giving consideration to the | ||
recommendations of the Performance Evaluation Advisory Council | ||
made pursuant to subdivision (6) of subsection (a) of Section | ||
24A-20 of this Code. Subject to appropriation to the State | ||
Board of Education for the State's cost of development and | ||
administration and, subject to subsections (b) and (c) of this | ||
Section, each school district shall annually administer , at | ||
least biennially, the climate survey instrument in every public |
school attendance center by a date specified by the State | ||
Superintendent of Education, and data resulting from the | ||
instrument's administration must be provided to the State Board | ||
of Education. The survey component that requires completion by | ||
the teachers must be administered during teacher meetings or | ||
professional development days or at other times that would not | ||
interfere with the teachers' regular classroom and direct | ||
instructional duties. The State Superintendent , following | ||
consultation with teachers, principals, and other appropriate | ||
stakeholders, shall publicly report on the survey selected | ||
indicators of learning conditions resulting from | ||
administration of the instrument at the individual school, | ||
district, and State levels and shall identify whether the | ||
indicators result from an anonymous administration of the | ||
instrument. If in any year the appropriation to the State Board | ||
of Education is insufficient for the State's costs associated | ||
with statewide administration of the instrument, the State | ||
Board of Education shall give priority to districts with | ||
low-performing schools and a representative sample of other | ||
districts.
| ||
(b) A school district may elect to use, on a district-wide | ||
basis and at the school district's sole cost and expense, an | ||
alternate climate survey of learning conditions instrument | ||
pre-approved by the State Superintendent under subsection (c) | ||
of this Section in lieu of the State-adopted climate survey | ||
statewide survey instrument selected under subsection (a) of |
this Section , provided that: | ||
(1) the school district notifies the State Board of | ||
Education, on a form provided by the State Superintendent, | ||
of its intent to administer an alternate climate survey | ||
instrument on or before a date established by the State | ||
Superintendent for the 2014-2015 school year and August 1 | ||
of each subsequent school year during which the instrument | ||
will be administered ; | ||
(2) the notification submitted to the State Board under | ||
paragraph (1) of this subsection (b) must be accompanied by | ||
a certification signed by the president of the local | ||
teachers' exclusive bargaining representative and | ||
president of the school board indicating that the alternate | ||
survey has been agreed to by the teachers' exclusive | ||
bargaining representative and the school board; | ||
(3) the school district's administration of the | ||
alternate instrument, including providing to the State | ||
Board of Education data and reports suitable to be | ||
published on school report cards and the State School | ||
Report Card Internet website, is performed in accordance | ||
with the requirements of subsection (a) of this Section; | ||
and | ||
(4) the alternate instrument is administered each | ||
school year that the statewide survey instrument is | ||
administered; if the statewide survey is not administrated | ||
in a given school year, the school district is not required |
to provide the alternative instrument in that given school | ||
year . | ||
(c) The State Superintendent, in consultation with | ||
teachers, principals, superintendents, and other appropriate | ||
stakeholders, shall administer an approval process through | ||
which at least 2, but not more than 3, alternate survey of | ||
learning conditions instruments will be approved by the State | ||
Superintendent following a determination by the State | ||
Superintendent that each approved instrument: | ||
(1) meets all requirements of subsection (a) of this | ||
Section; | ||
(2) provides a summation of indicator results of the | ||
alternative survey by a date established by the State | ||
Superintendent in a manner that allows the indicator | ||
results to be included on school report cards pursuant to | ||
Section 10-17a of this Code by October 31 of the school | ||
year following the instrument's administration; | ||
(3) provides summary reports for each district and | ||
attendance center intended for parents and community | ||
stakeholders; | ||
(4) meets scale reliability requirements using | ||
accepted testing measures; | ||
(5) provides research-based evidence linking | ||
instrument content to one or more improved student | ||
outcomes; and | ||
(6) has undergone and documented testing to prove |
validity and reliability . | ||
The State Superintendent shall periodically review and update | ||
the list of approved alternate survey instruments, provided | ||
that at least 2, but no more than 3, alternate survey | ||
instruments shall be approved for use during any school year. | ||
(d) Nothing contained in this amendatory Act of the 98th | ||
General Assembly repeals, supersedes, invalidates, or | ||
nullifies final decisions in lawsuits pending on the effective | ||
date of this amendatory Act of the 98th General Assembly in | ||
Illinois courts involving the interpretation of Public Act | ||
97-8. | ||
(Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12; 98-648, | ||
eff. 7-1-14.) | ||
(105 ILCS 5/10-21.3a)
| ||
Sec. 10-21.3a. Transfer of students.
| ||
(a) Each school board shall establish and
implement a
| ||
policy governing the transfer of a student from one attendance | ||
center to
another within the
school district upon the request | ||
of the student's parent or guardian.
Any request by a parent or | ||
guardian to transfer his or her child from one
attendance
| ||
center to another
within the school district pursuant to | ||
Section 1116 of the federal Elementary
and
Secondary Education
| ||
Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 | ||
days after the
parent or guardian
receives notice of the right | ||
to transfer pursuant to that law.
A
student may not transfer to |
any of the following attendance centers, except by
change in
| ||
residence if the policy authorizes enrollment based on | ||
residence in an
attendance area
or unless approved by the board | ||
on an individual basis:
| ||
(1) An attendance center that exceeds or as a result of | ||
the
transfer would
exceed its attendance capacity.
| ||
(2) An attendance center for which the board has | ||
established
academic
criteria for enrollment if the | ||
student does not meet the criteria , provided
that the | ||
transfer must be permitted if the attendance center is the | ||
only
attendance center serving the student's grade
that has | ||
not been identified for school
improvement, corrective | ||
action, or restructuring under Section
1116 of the federal | ||
Elementary and Secondary Education Act of 1965 (20 U.S.C.
| ||
Sec. 6316) .
| ||
(3) Any attendance center if the transfer would
prevent | ||
the school district from meeting its obligations under a | ||
State or
federal law,
court
order, or consent
decree
| ||
applicable to the school district.
| ||
(b) Each school board shall establish and implement a | ||
policy governing the
transfer of students within a school | ||
district from a persistently dangerous
school to another public | ||
school in that district that is not deemed to be
persistently | ||
dangerous.
In order to be considered a persistently dangerous | ||
school, the
school must meet all of the following criteria for | ||
2 consecutive years:
|
(1) Have greater than 3% of the students enrolled in | ||
the school expelled
for violence-related conduct.
| ||
(2) Have one or more students expelled for bringing a | ||
firearm to school as
defined in 18 U.S.C. 921.
| ||
(3) Have at least 3% of the students enrolled in the | ||
school exercise the
individual option to transfer schools | ||
pursuant to subsection (c) of this
Section.
| ||
(c) A student may transfer from one public school to
| ||
another public school in that district if the student is a | ||
victim of a violent
crime as defined in Section 3 of the Rights | ||
of Crime Victims and Witnesses Act.
The violent crime must have | ||
occurred on school grounds during regular school
hours or | ||
during a school-sponsored event.
| ||
(d) (Blank). Transfers made pursuant to subsections (b) and | ||
(c) of this Section shall
be made in compliance with the | ||
federal No Child Left Behind Act of 2001 (Public
Law 107-110).
| ||
(Source: P.A. 96-328, eff. 8-11-09.)
| ||
(105 ILCS 5/10-29) | ||
Sec. 10-29. Remote educational programs. | ||
(a) For purposes of this Section, "remote educational | ||
program" means an educational program delivered to students in | ||
the home or other location outside of a school building that | ||
meets all of the following criteria: | ||
(1) A student may participate in the program only after | ||
the school district, pursuant to adopted school board |
policy, and a person authorized to enroll the student under | ||
Section 10-20.12b of this Code determine that a remote | ||
educational program will best serve the student's | ||
individual learning needs. The adopted school board policy | ||
shall include, but not be limited to, all of the following: | ||
(A) Criteria for determining that a remote | ||
educational program will best serve a student's | ||
individual learning needs. The criteria must include | ||
consideration of, at a minimum, a student's prior | ||
attendance, disciplinary record, and academic history. | ||
(B) Any limitations on the number of students or | ||
grade levels that may participate in a remote | ||
educational program. | ||
(C) A description of the process that the school | ||
district will use to approve participation in the | ||
remote educational program. The process must include | ||
without limitation a requirement that, for any student | ||
who qualifies to receive services pursuant to the | ||
federal Individuals with Disabilities Education | ||
Improvement Act of 2004, the student's participation | ||
in a remote educational program receive prior approval | ||
from the student's individualized education program | ||
team. | ||
(D) A description of the process the school | ||
district will use to develop and approve a written | ||
remote educational plan that meets the requirements of |
subdivision (5) of this subsection (a). | ||
(E) A description of the system the school district | ||
will establish to determine student participation | ||
calculate the number of clock hours a student is | ||
participating in instruction in accordance with the | ||
remote educational program. | ||
(F) A description of the process for renewing a | ||
remote educational program at the expiration of its | ||
term. | ||
(G) Such other terms and provisions as the school | ||
district deems necessary to provide for the | ||
establishment and delivery of a remote educational | ||
program. | ||
(2) The school district has determined that the remote | ||
educational program's curriculum is aligned to State | ||
learning standards and that the program offers instruction | ||
and educational experiences consistent with those given to | ||
students at the same grade level in the district. | ||
(3) The remote educational program is delivered by | ||
instructors that meet the following qualifications: | ||
(A) they are certificated under Article 21 of this | ||
Code; | ||
(B) (blank); and they meet applicable highly | ||
qualified criteria under the federal No Child Left | ||
Behind Act of 2001; and | ||
(C) they have responsibility for all of the |
following elements of the program: planning | ||
instruction, diagnosing learning needs, prescribing | ||
content delivery through class activities, assessing | ||
learning, reporting outcomes to administrators and | ||
parents and guardians, and evaluating the effects of | ||
instruction. | ||
(4) During the period of time from and including the | ||
opening date to the
closing date of the regular school term | ||
of the school district established pursuant to Section | ||
10-19 of this Code, participation in a remote educational | ||
program may be claimed for general State aid purposes under | ||
Section 18-8.05 of this Code or evidence-based funding | ||
purposes under Section 18-8.15 of this Code on any calendar | ||
day, notwithstanding whether the day is a day of pupil | ||
attendance or institute day on the school district's | ||
calendar or any other provision of law restricting | ||
instruction on that day. If the district holds year-round | ||
classes in some buildings, the district
shall classify each | ||
student's participation in a remote educational program as | ||
either on a year-round or a non-year-round schedule for | ||
purposes of claiming general State aid or evidence-based | ||
funding. Outside of the regular school term of the | ||
district, the remote educational program may be offered as | ||
part of any summer school program authorized by this Code. | ||
(5) Each student participating in a remote educational | ||
program must have a written remote educational plan that |
has been approved by the school district and a person | ||
authorized to enroll the student under Section 10-20.12b of | ||
this Code. The school district and a person authorized to | ||
enroll the student under Section 10-20.12b of this Code | ||
must approve any amendment to a remote educational plan. | ||
The remote educational plan must include, but is not | ||
limited to, all of the following: | ||
(A) Specific achievement goals for the student | ||
aligned to State learning standards. | ||
(B) A description of all assessments that will be | ||
used to measure student progress, which description | ||
shall indicate the assessments that will be | ||
administered at an attendance center within the school | ||
district. | ||
(C) A description of the progress reports that will | ||
be provided to the school district and the person or | ||
persons authorized to enroll the student under Section | ||
10-20.12b of this Code. | ||
(D) Expectations, processes, and schedules for | ||
interaction between a teacher and student. | ||
(E) A description of the specific responsibilities | ||
of the student's family and the school district with | ||
respect to equipment, materials, phone and Internet | ||
service, and any other requirements applicable to the | ||
home or other location outside of a school building | ||
necessary for the delivery of the remote educational |
program. | ||
(F) If applicable, a description of how the remote | ||
educational program will be delivered in a manner | ||
consistent with the student's individualized education | ||
program required by Section 614(d) of the federal | ||
Individuals with Disabilities Education Improvement | ||
Act of 2004 or plan to ensure compliance with Section | ||
504 of the federal Rehabilitation Act of 1973. | ||
(G) A description of the procedures and | ||
opportunities for participation in academic and | ||
extra-curricular activities and programs within the | ||
school district. | ||
(H) The identification of a parent, guardian, or | ||
other responsible adult who will provide direct | ||
supervision of the program. The plan must include an | ||
acknowledgment by the parent, guardian, or other | ||
responsible adult that he or she may engage only in | ||
non-teaching duties not requiring instructional | ||
judgment or the evaluation of a student. The plan shall | ||
designate the parent, guardian, or other responsible | ||
adult as non-teaching personnel or volunteer personnel | ||
under subsection (a) of Section 10-22.34 of this Code. | ||
(I) The identification of a school district | ||
administrator who will oversee the remote educational | ||
program on behalf of the school district and who may be | ||
contacted by the student's parents with respect to any |
issues or concerns with the program. | ||
(J) The term of the student's participation in the | ||
remote educational program, which may not extend for | ||
longer than 12 months, unless the term is renewed by | ||
the district in accordance with subdivision (7) of this | ||
subsection (a). | ||
(K) A description of the specific location or | ||
locations in which the program will be delivered. If | ||
the remote educational program is to be delivered to a | ||
student in any location other than the student's home, | ||
the plan must include a written determination by the | ||
school district that the location will provide a | ||
learning environment appropriate for the delivery of | ||
the program. The location or locations in which the | ||
program will be delivered shall be deemed a long | ||
distance teaching reception area under subsection (a) | ||
of Section 10-22.34 of this Code. | ||
(L) Certification by the school district that the | ||
plan meets all other requirements of this Section. | ||
(6) Students participating in a remote educational | ||
program must be enrolled in a school district attendance | ||
center pursuant to the school district's enrollment policy | ||
or policies. A student participating in a remote | ||
educational program must be tested as part of all | ||
assessments administered by the school district pursuant | ||
to Section 2-3.64a-5 of this Code at the attendance center |
in which the student is enrolled and in accordance with the | ||
attendance center's assessment policies and schedule. The | ||
student must be included within all accountability | ||
determinations for the school district and attendance | ||
center under State and federal law. | ||
(7) The term of a student's participation in a remote | ||
educational program may not extend for longer than 12 | ||
months, unless the term is renewed by the school district. | ||
The district may only renew a student's participation in a | ||
remote educational program following an evaluation of the | ||
student's progress in the program, a determination that the | ||
student's continuation in the program will best serve the | ||
student's individual learning needs, and an amendment to | ||
the student's written remote educational plan addressing | ||
any changes for the upcoming term of the program. | ||
For purposes of this Section, a remote educational program | ||
does not include instruction delivered to students through an | ||
e-learning program approved under Section 10-20.56 of this | ||
Code. | ||
(b) A school district may, by resolution of its school | ||
board, establish a remote educational program. | ||
(c) (Blank). Clock hours of instruction by students in a | ||
remote educational program meeting the requirements of this | ||
Section may be claimed by the school district and shall be | ||
counted as school work for general State aid purposes in | ||
accordance with and subject to the limitations of Section |
18-8.05 of this Code or evidence-based funding purposes in | ||
accordance with and subject to the limitations of Section | ||
18-8.15 of this Code. | ||
(d) The impact of remote educational programs on wages, | ||
hours, and terms and conditions of employment of educational | ||
employees within the school district shall be subject to local | ||
collective bargaining agreements. | ||
(e) The use of a home or other location outside of a school | ||
building for a remote educational program shall not cause the | ||
home or other location to be deemed a public school facility. | ||
(f) A remote educational program may be used, but is not | ||
required, for instruction delivered to a student in the home or | ||
other location outside of a school building that is not claimed | ||
for general State aid purposes under Section 18-8.05 of this | ||
Code or evidence-based funding purposes under Section 18-8.15 | ||
of this Code. | ||
(g) School districts that, pursuant to this Section, adopt | ||
a policy for a remote educational program must submit to the | ||
State Board of Education a copy of the policy and any | ||
amendments thereto, as well as data on student participation in | ||
a format specified by the State Board of Education. The State | ||
Board of Education may perform or contract with an outside | ||
entity to perform an evaluation of remote educational programs | ||
in this State. | ||
(h) The State Board of Education may adopt any rules | ||
necessary to ensure compliance by remote educational programs |
with the requirements of this Section and other applicable | ||
legal requirements.
| ||
(Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15; | ||
99-642, eff. 7-28-16; 100-465, eff. 8-31-17.)
| ||
(105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
| ||
Sec. 34-1.1. Definitions. As used in this Article:
| ||
"Academic Accountability Council" means the Chicago | ||
Schools Academic
Accountability Council created under Section | ||
34-3.4.
| ||
"Local School Council" means a local school council | ||
established
under Section 34-2.1.
| ||
"School" and "attendance center" are used interchangeably | ||
to mean any
attendance center operated pursuant to this Article | ||
and under the direction
of one principal.
| ||
"Secondary Attendance Center" means a school which has | ||
students enrolled
in grades 9 through 12 (although it may also | ||
have students enrolled
in grades below grade 9).
| ||
"Local Attendance Area School" means a school which has a | ||
local
attendance area established by the board.
| ||
"Multi-area school" means a school other than a local | ||
attendance area school.
| ||
"Contract school" means an attendance center managed and | ||
operated by a for-profit or not-for-profit private entity | ||
retained by the board to provide instructional and other | ||
services to a majority of the pupils enrolled in the attendance |
center. | ||
"Contract turnaround school" means an experimental | ||
contract school created by the board to implement alternative | ||
governance in an attendance center subject to restructuring or | ||
similar intervention under federal law that has not made | ||
adequate yearly progress for 5 consecutive years or a time | ||
period set forth in federal law . | ||
"Parent" means a parent or legal guardian of an enrolled | ||
student of an
attendance center.
| ||
"Community resident" means a person, 18 years of age or | ||
older,
residing within an attendance area served by a school,
| ||
excluding any person who is a parent of a student enrolled in | ||
that
school; provided that with respect to any multi-area | ||
school, community
resident means any person, 18 years of age or | ||
older, residing within the
voting district established for that | ||
school pursuant to Section 34-2.1c,
excluding any person who is | ||
a parent of a student enrolled in that school.
| ||
"School staff" means all certificated and uncertificated | ||
school
personnel, including all teaching and administrative | ||
staff (other than the
principal) and including all custodial, | ||
food service and other civil
service employees, who are | ||
employed at and assigned to perform the majority
of their | ||
employment duties at one attendance center served by the same
| ||
local school council.
| ||
"Regular meetings" means the meeting dates established by | ||
the local
school council at its annual organizational meeting.
|
(Source: P.A. 96-105, eff. 7-30-09.)
| ||
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||
Sec. 34-18. Powers of the board. The board shall exercise | ||
general
supervision and jurisdiction over the public education | ||
and the public
school system of the city, and, except as | ||
otherwise provided by this
Article, shall have power:
| ||
1. To make suitable provision for the establishment and | ||
maintenance
throughout the year or for such portion thereof | ||
as it may direct, not
less than 9 months, of schools of all | ||
grades and kinds, including normal
schools, high schools, | ||
night schools, schools for defectives and
delinquents, | ||
parental and truant schools, schools for the blind, the
| ||
deaf and persons with physical disabilities, schools or | ||
classes in manual training,
constructural and vocational | ||
teaching, domestic arts and physical
culture, vocation and | ||
extension schools and lecture courses, and all
other | ||
educational courses and facilities, including | ||
establishing,
equipping, maintaining and operating | ||
playgrounds and recreational
programs, when such programs | ||
are conducted in, adjacent to, or connected
with any public | ||
school under the general supervision and jurisdiction
of | ||
the board; provided that the calendar for the school term | ||
and any changes must be submitted to and approved by the | ||
State Board of Education before the calendar or changes may | ||
take effect, and provided that in allocating funds
from |
year to year for the operation of all attendance centers | ||
within the
district, the board shall ensure that | ||
supplemental general State aid or supplemental grant funds
| ||
are allocated and applied in accordance with Section 18-8, | ||
18-8.05, or 18-8.15. To
admit to such
schools without | ||
charge foreign exchange students who are participants in
an | ||
organized exchange student program which is authorized by | ||
the board.
The board shall permit all students to enroll in | ||
apprenticeship programs
in trade schools operated by the | ||
board, whether those programs are
union-sponsored or not. | ||
No student shall be refused admission into or
be excluded | ||
from any course of instruction offered in the common | ||
schools
by reason of that student's sex. No student shall | ||
be denied equal
access to physical education and | ||
interscholastic athletic programs
supported from school | ||
district funds or denied participation in
comparable | ||
physical education and athletic programs solely by reason | ||
of
the student's sex. Equal access to programs supported | ||
from school
district funds and comparable programs will be | ||
defined in rules
promulgated by the State Board of | ||
Education in
consultation with the Illinois High School | ||
Association.
Notwithstanding any other provision of this | ||
Article, neither the board
of education nor any local | ||
school council or other school official shall
recommend | ||
that children with disabilities be placed into regular | ||
education
classrooms unless those children with |
disabilities are provided with
supplementary services to | ||
assist them so that they benefit from the regular
classroom | ||
instruction and are included on the teacher's regular | ||
education
class register;
| ||
2. To furnish lunches to pupils, to make a reasonable | ||
charge
therefor, and to use school funds for the payment of | ||
such expenses as
the board may determine are necessary in | ||
conducting the school lunch
program;
| ||
3. To co-operate with the circuit court;
| ||
4. To make arrangements with the public or quasi-public | ||
libraries
and museums for the use of their facilities by | ||
teachers and pupils of
the public schools;
| ||
5. To employ dentists and prescribe their duties for | ||
the purpose of
treating the pupils in the schools, but | ||
accepting such treatment shall
be optional with parents or | ||
guardians;
| ||
6. To grant the use of assembly halls and classrooms | ||
when not
otherwise needed, including light, heat, and | ||
attendants, for free public
lectures, concerts, and other | ||
educational and social interests, free of
charge, under | ||
such provisions and control as the principal of the
| ||
affected attendance center may prescribe;
| ||
7. To apportion the pupils to the several schools; | ||
provided that no pupil
shall be excluded from or segregated | ||
in any such school on account of his
color, race, sex, or | ||
nationality. The board shall take into consideration
the |
prevention of segregation and the elimination of | ||
separation of children
in public schools because of color, | ||
race, sex, or nationality. Except that
children may be | ||
committed to or attend parental and social adjustment | ||
schools
established and maintained either for boys or girls | ||
only. All records
pertaining to the creation, alteration or | ||
revision of attendance areas shall
be open to the public. | ||
Nothing herein shall limit the board's authority to
| ||
establish multi-area attendance centers or other student | ||
assignment systems
for desegregation purposes or | ||
otherwise, and to apportion the pupils to the
several | ||
schools. Furthermore, beginning in school year 1994-95, | ||
pursuant
to a board plan adopted by October 1, 1993, the | ||
board shall offer, commencing
on a phased-in basis, the | ||
opportunity for families within the school
district to | ||
apply for enrollment of their children in any attendance | ||
center
within the school district which does not have | ||
selective admission
requirements approved by the board. | ||
The appropriate geographical area in
which such open | ||
enrollment may be exercised shall be determined by the
| ||
board of education. Such children may be admitted to any | ||
such attendance
center on a space available basis after all | ||
children residing within such
attendance center's area | ||
have been accommodated. If the number of
applicants from | ||
outside the attendance area exceed the space available,
| ||
then successful applicants shall be selected by lottery. |
The board of
education's open enrollment plan must include | ||
provisions that allow low
income students to have access to | ||
transportation needed to exercise school
choice. Open | ||
enrollment shall be in compliance with the provisions of | ||
the
Consent Decree and Desegregation Plan cited in Section | ||
34-1.01;
| ||
8. To approve programs and policies for providing | ||
transportation
services to students. Nothing herein shall | ||
be construed to permit or empower
the State Board of | ||
Education to order, mandate, or require busing or other
| ||
transportation of pupils for the purpose of achieving | ||
racial balance in any
school;
| ||
9. Subject to the limitations in this Article, to | ||
establish and
approve system-wide curriculum objectives | ||
and standards, including graduation
standards, which | ||
reflect the
multi-cultural diversity in the city and are | ||
consistent with State law,
provided that for all purposes | ||
of this Article courses or
proficiency in American Sign | ||
Language shall be deemed to constitute courses
or | ||
proficiency in a foreign language; and to employ principals | ||
and teachers,
appointed as provided in this
Article, and | ||
fix their compensation. The board shall prepare such | ||
reports
related to minimal competency testing as may be | ||
requested by the State
Board of Education, and in addition | ||
shall monitor and approve special
education and bilingual | ||
education programs and policies within the district to
|
assure that appropriate services are provided in | ||
accordance with applicable
State and federal laws to | ||
children requiring services and education in those
areas;
| ||
10. To employ non-teaching personnel or utilize | ||
volunteer personnel
for: (i) non-teaching duties not | ||
requiring instructional judgment or
evaluation of pupils, | ||
including library duties; and (ii) supervising study
| ||
halls, long distance teaching reception areas used | ||
incident to instructional
programs transmitted by | ||
electronic media such as computers, video, and audio,
| ||
detention and discipline areas, and school-sponsored | ||
extracurricular
activities. The board may further utilize | ||
volunteer non-certificated
personnel or employ | ||
non-certificated personnel to
assist in the instruction of | ||
pupils under the immediate supervision of a
teacher holding | ||
a valid certificate, directly engaged in teaching
subject | ||
matter or conducting activities; provided that the teacher
| ||
shall be continuously aware of the non-certificated | ||
persons' activities and
shall be able to control or modify | ||
them. The general superintendent shall
determine | ||
qualifications of such personnel and shall prescribe rules | ||
for
determining the duties and activities to be assigned to | ||
such personnel;
| ||
10.5. To utilize volunteer personnel from a regional | ||
School Crisis
Assistance Team (S.C.A.T.), created as part | ||
of the Safe to Learn Program
established pursuant to |
Section 25 of the Illinois Violence Prevention Act
of 1995, | ||
to provide assistance to schools in times of violence or | ||
other
traumatic incidents within a school community by | ||
providing crisis
intervention services to lessen the | ||
effects of emotional trauma on
individuals and the | ||
community; the School Crisis Assistance Team
Steering | ||
Committee shall determine the qualifications for | ||
volunteers;
| ||
11. To provide television studio facilities in not to | ||
exceed one
school building and to provide programs for | ||
educational purposes,
provided, however, that the board | ||
shall not construct, acquire, operate,
or maintain a | ||
television transmitter; to grant the use of its studio
| ||
facilities to a licensed television station located in the | ||
school
district; and to maintain and operate not to exceed | ||
one school radio
transmitting station and provide programs | ||
for educational purposes;
| ||
12. To offer, if deemed appropriate, outdoor education | ||
courses,
including field trips within the State of | ||
Illinois, or adjacent states,
and to use school educational | ||
funds for the expense of the said outdoor
educational | ||
programs, whether within the school district or not;
| ||
13. During that period of the calendar year not | ||
embraced within the
regular school term, to provide and | ||
conduct courses in subject matters
normally embraced in the | ||
program of the schools during the regular
school term and |
to give regular school credit for satisfactory
completion | ||
by the student of such courses as may be approved for | ||
credit
by the State Board of Education;
| ||
14. To insure against any loss or liability of the | ||
board,
the former School Board Nominating Commission, | ||
Local School Councils, the
Chicago Schools Academic | ||
Accountability Council, or the former Subdistrict
Councils | ||
or of any member, officer, agent or employee thereof, | ||
resulting
from alleged violations of civil rights arising | ||
from incidents occurring on
or after September 5, 1967 or | ||
from the wrongful or negligent act or
omission of any such | ||
person whether occurring within or without the school
| ||
premises, provided the officer, agent or employee was, at | ||
the time of the
alleged violation of civil rights or | ||
wrongful act or omission, acting
within the scope of his | ||
employment or under direction of the board, the
former | ||
School
Board Nominating Commission, the Chicago Schools | ||
Academic Accountability
Council, Local School Councils, or | ||
the former Subdistrict Councils;
and to provide for or | ||
participate in insurance plans for its officers and
| ||
employees, including but not limited to retirement | ||
annuities, medical,
surgical and hospitalization benefits | ||
in such types and amounts as may be
determined by the | ||
board; provided, however, that the board shall contract
for | ||
such insurance only with an insurance company authorized to | ||
do business
in this State. Such insurance may include |
provision for employees who rely
on treatment by prayer or | ||
spiritual means alone for healing, in accordance
with the | ||
tenets and practice of a recognized religious | ||
denomination;
| ||
15. To contract with the corporate authorities of any | ||
municipality
or the county board of any county, as the case | ||
may be, to provide for
the regulation of traffic in parking | ||
areas of property used for school
purposes, in such manner | ||
as is provided by Section 11-209 of The
Illinois Vehicle | ||
Code, approved September 29, 1969, as amended;
| ||
16. (a) To provide, on an equal basis, access to a high
| ||
school campus and student directory information to the
| ||
official recruiting representatives of the armed forces of | ||
Illinois and
the United States for the purposes of | ||
informing students of the educational
and career | ||
opportunities available in the military if the board has | ||
provided
such access to persons or groups whose purpose is | ||
to acquaint students with
educational or occupational | ||
opportunities available to them. The board
is not required | ||
to give greater notice regarding the right of access to
| ||
recruiting representatives than is given to other persons | ||
and groups. In
this paragraph 16, "directory information" | ||
means a high school
student's name, address, and telephone | ||
number.
| ||
(b) If a student or his or her parent or guardian | ||
submits a signed,
written request to the high school before |
the end of the student's sophomore
year (or if the student | ||
is a transfer student, by another time set by
the high | ||
school) that indicates that the student or his or her | ||
parent or
guardian does
not want the student's directory | ||
information to be provided to official
recruiting | ||
representatives under subsection (a) of this Section, the | ||
high
school may not provide access to the student's | ||
directory information to
these recruiting representatives. | ||
The high school shall notify its
students and their parents | ||
or guardians of the provisions of this
subsection (b).
| ||
(c) A high school may require official recruiting | ||
representatives of
the armed forces of Illinois and the | ||
United States to pay a fee for copying
and mailing a | ||
student's directory information in an amount that is not
| ||
more than the actual costs incurred by the high school.
| ||
(d) Information received by an official recruiting | ||
representative
under this Section may be used only to | ||
provide information to students
concerning educational and | ||
career opportunities available in the military
and may not | ||
be released to a person who is not involved in recruiting
| ||
students for the armed forces of Illinois or the United | ||
States;
| ||
17. (a) To sell or market any computer program | ||
developed by an employee
of the school district, provided | ||
that such employee developed the computer
program as a | ||
direct result of his or her duties with the school district
|
or through the utilization of the school district resources | ||
or facilities.
The employee who developed the computer | ||
program shall be entitled to share
in the proceeds of such | ||
sale or marketing of the computer program. The
distribution | ||
of such proceeds between the employee and the school | ||
district
shall be as agreed upon by the employee and the | ||
school district, except
that neither the employee nor the | ||
school district may receive more than 90%
of such proceeds. | ||
The negotiation for an employee who is represented by an
| ||
exclusive bargaining representative may be conducted by | ||
such bargaining
representative at the employee's request.
| ||
(b) For the purpose of this paragraph 17:
| ||
(1) "Computer" means an internally programmed, | ||
general purpose digital
device capable of | ||
automatically accepting data, processing data and | ||
supplying
the results of the operation.
| ||
(2) "Computer program" means a series of coded | ||
instructions or
statements in a form acceptable to a | ||
computer, which causes the computer to
process data in | ||
order to achieve a certain result.
| ||
(3) "Proceeds" means profits derived from | ||
marketing or sale of a product
after deducting the | ||
expenses of developing and marketing such product;
| ||
18. To delegate to the general superintendent of
| ||
schools, by resolution, the authority to approve contracts | ||
and expenditures
in amounts of $10,000 or less;
|
19. Upon the written request of an employee, to | ||
withhold from
the compensation of that employee any dues, | ||
payments or contributions
payable by such employee to any | ||
labor organization as defined in the
Illinois Educational | ||
Labor Relations Act. Under such arrangement, an
amount | ||
shall be withheld from each regular payroll period which is | ||
equal to
the pro rata share of the annual dues plus any | ||
payments or contributions,
and the board shall transmit | ||
such withholdings to the specified labor
organization | ||
within 10 working days from the time of the withholding;
| ||
19a. Upon receipt of notice from the comptroller of a | ||
municipality with
a population of 500,000 or more, a county | ||
with a population of 3,000,000 or
more, the Cook County | ||
Forest Preserve District, the Chicago Park District, the
| ||
Metropolitan Water Reclamation District, the Chicago | ||
Transit Authority, or
a housing authority of a municipality | ||
with a population of 500,000 or more
that a debt is due and | ||
owing the municipality, the county, the Cook County
Forest | ||
Preserve District, the Chicago Park District, the | ||
Metropolitan Water
Reclamation District, the Chicago | ||
Transit Authority, or the housing authority
by an employee | ||
of the Chicago Board of Education, to withhold, from the
| ||
compensation of that employee, the amount of the debt that | ||
is due and owing
and pay the amount withheld to the | ||
municipality, the county, the Cook County
Forest Preserve | ||
District, the Chicago Park District, the Metropolitan |
Water
Reclamation District, the Chicago Transit Authority, | ||
or the housing authority;
provided, however, that the | ||
amount
deducted from any one salary or wage payment shall | ||
not exceed 25% of the net
amount of the payment. Before the | ||
Board deducts any amount from any salary or
wage of an | ||
employee under this paragraph, the municipality, the | ||
county, the
Cook County Forest Preserve District, the | ||
Chicago Park District, the
Metropolitan Water Reclamation | ||
District, the Chicago Transit Authority, or the
housing | ||
authority shall certify that (i) the employee has been | ||
afforded an
opportunity for a hearing to dispute the debt | ||
that is due and owing the
municipality, the county, the | ||
Cook County Forest Preserve District, the Chicago
Park | ||
District, the Metropolitan Water Reclamation District, the | ||
Chicago Transit
Authority, or the housing authority and | ||
(ii) the employee has received notice
of a wage deduction | ||
order and has been afforded an opportunity for a hearing to
| ||
object to the order. For purposes of this paragraph, "net | ||
amount" means that
part of the salary or wage payment | ||
remaining after the deduction of any amounts
required by | ||
law to be deducted and "debt due and owing" means (i) a | ||
specified
sum of money owed to the municipality, the | ||
county, the Cook County Forest
Preserve District, the | ||
Chicago Park District, the Metropolitan Water
Reclamation | ||
District, the Chicago Transit Authority, or the housing | ||
authority
for services, work, or goods, after the period |
granted for payment has expired,
or (ii) a specified sum of | ||
money owed to the municipality, the county, the Cook
County | ||
Forest Preserve District, the Chicago Park District, the | ||
Metropolitan
Water Reclamation District, the Chicago | ||
Transit Authority, or the housing
authority pursuant to a | ||
court order or order of an administrative hearing
officer | ||
after the exhaustion of, or the failure to exhaust, | ||
judicial review;
| ||
20. The board is encouraged to employ a sufficient | ||
number of
certified school counselors to maintain a | ||
student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||
counselor shall spend at least 75% of his work
time in | ||
direct contact with students and shall maintain a record of | ||
such time;
| ||
21. To make available to students vocational and career
| ||
counseling and to establish 5 special career counseling | ||
days for students
and parents. On these days | ||
representatives of local businesses and
industries shall | ||
be invited to the school campus and shall inform students
| ||
of career opportunities available to them in the various | ||
businesses and
industries. Special consideration shall be | ||
given to counseling minority
students as to career | ||
opportunities available to them in various fields.
For the | ||
purposes of this paragraph, minority student means a person | ||
who is any of the following:
| ||
(a) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South | ||
America, including Central America, and who maintains | ||
tribal affiliation or community attachment). | ||
(b) Asian (a person having origins in any of the | ||
original peoples of the Far East, Southeast Asia, or the | ||
Indian subcontinent, including, but not limited to, | ||
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||
the Philippine Islands, Thailand, and Vietnam). | ||
(c) Black or African American (a person having origins | ||
in any of the black racial groups of Africa). Terms such as | ||
"Haitian" or "Negro" can be used in addition to "Black or | ||
African American". | ||
(d) Hispanic or Latino (a person of Cuban, Mexican, | ||
Puerto Rican, South or Central American, or other Spanish | ||
culture or origin, regardless of race). | ||
(e) Native Hawaiian or Other Pacific Islander (a person | ||
having origins in any of the original peoples of Hawaii, | ||
Guam, Samoa, or other Pacific Islands).
| ||
Counseling days shall not be in lieu of regular school | ||
days;
| ||
22. To report to the State Board of Education the | ||
annual
student dropout rate and number of students who | ||
graduate from, transfer
from or otherwise leave bilingual | ||
programs;
| ||
23. Except as otherwise provided in the Abused and | ||
Neglected Child
Reporting Act or other applicable State or |
federal law, to permit school
officials to withhold, from | ||
any person, information on the whereabouts of
any child | ||
removed from school premises when the child has been taken | ||
into
protective custody as a victim of suspected child | ||
abuse. School officials
shall direct such person to the | ||
Department of Children and Family Services,
or to the local | ||
law enforcement agency if appropriate;
| ||
24. To develop a policy, based on the current state of | ||
existing school
facilities, projected enrollment and | ||
efficient utilization of available
resources, for capital | ||
improvement of schools and school buildings within
the | ||
district, addressing in that policy both the relative | ||
priority for
major repairs, renovations and additions to | ||
school facilities, and the
advisability or necessity of | ||
building new school facilities or closing
existing schools | ||
to meet current or projected demographic patterns within
| ||
the district;
| ||
25. To make available to the students in every high | ||
school attendance
center the ability to take all courses | ||
necessary to comply with the Board
of Higher Education's | ||
college entrance criteria effective in 1993;
| ||
26. To encourage mid-career changes into the teaching | ||
profession,
whereby qualified professionals become | ||
certified teachers, by allowing
credit for professional | ||
employment in related fields when determining point
of | ||
entry on teacher pay scale;
|
27. To provide or contract out training programs for | ||
administrative
personnel and principals with revised or | ||
expanded duties pursuant to this
Act in order to assure | ||
they have the knowledge and skills to perform
their duties;
| ||
28. To establish a fund for the prioritized special | ||
needs programs, and
to allocate such funds and other lump | ||
sum amounts to each attendance center
in a manner | ||
consistent with the provisions of part 4 of Section 34-2.3.
| ||
Nothing in this paragraph shall be construed to require any | ||
additional
appropriations of State funds for this purpose;
| ||
29. (Blank);
| ||
30. Notwithstanding any other provision of this Act or | ||
any other law to
the contrary, to contract with third | ||
parties for services otherwise performed
by employees, | ||
including those in a bargaining unit, and to layoff those
| ||
employees upon 14 days written notice to the affected | ||
employees. Those
contracts may be for a period not to | ||
exceed 5 years and may be awarded on a
system-wide basis. | ||
The board may not operate more than 30 contract schools, | ||
provided that the board may operate an additional 5 | ||
contract turnaround schools pursuant to item (5.5) of | ||
subsection (d) of Section 34-8.3 of this Code;
| ||
31. To promulgate rules establishing procedures | ||
governing the layoff or
reduction in force of employees and | ||
the recall of such employees, including,
but not limited | ||
to, criteria for such layoffs, reductions in force or |
recall
rights of such employees and the weight to be given | ||
to any particular
criterion. Such criteria shall take into | ||
account factors including, but not be
limited to, | ||
qualifications, certifications, experience, performance | ||
ratings or
evaluations, and any other factors relating to | ||
an employee's job performance;
| ||
32. To develop a policy to prevent nepotism in the | ||
hiring of personnel
or the selection of contractors;
| ||
33. (Blank); and To enter into a partnership agreement, | ||
as required by
Section 34-3.5 of this Code, and, | ||
notwithstanding any other
provision of law to the contrary, | ||
to promulgate policies, enter into
contracts, and take any | ||
other action necessary to accomplish the
objectives and | ||
implement the requirements of that agreement; and
| ||
34. To establish a Labor Management Council to the | ||
board
comprised of representatives of the board, the chief | ||
executive
officer, and those labor organizations that are | ||
the exclusive
representatives of employees of the board and | ||
to promulgate
policies and procedures for the operation of | ||
the Council.
| ||
The specifications of the powers herein granted are not to | ||
be
construed as exclusive but the board shall also exercise all | ||
other
powers that they may be requisite or proper for the | ||
maintenance and the
development of a public school system, not | ||
inconsistent with the other
provisions of this Article or | ||
provisions of this Code which apply to all
school districts.
|
In addition to the powers herein granted and authorized to | ||
be exercised
by the board, it shall be the duty of the board to | ||
review or to direct
independent reviews of special education | ||
expenditures and services.
The board shall file a report of | ||
such review with the General Assembly on
or before May 1, 1990.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)
| ||
(105 ILCS 5/34-18.24)
| ||
Sec. 34-18.24. Transfer of students.
| ||
(a) The board shall
establish and
implement a
policy | ||
governing the transfer of a student from one attendance center | ||
to
another within the
school district upon the request of the | ||
student's parent or guardian.
Any request by a parent or | ||
guardian to transfer his or her child from one
attendance
| ||
center to another
within the school district pursuant to | ||
Section 1116 of the federal Elementary
and
Secondary Education
| ||
Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 | ||
days after the
parent or guardian
receives notice of the right | ||
to transfer pursuant to that law.
A
student may not transfer to | ||
any of the following attendance centers, except by
change in
| ||
residence if the policy authorizes enrollment based on | ||
residence in an
attendance area
or unless approved by the board | ||
on an individual basis:
| ||
(1) An attendance center that exceeds or as a result of | ||
the
transfer would
exceed its attendance capacity.
| ||
(2) An attendance center for which the board has |
established
academic
criteria for enrollment if the | ||
student does not meet the criteria , provided
that the | ||
transfer must be permitted if the attendance center is the | ||
only
attendance center serving the student's grade
that has | ||
not been identified for school
improvement, corrective | ||
action, or restructuring under Section
1116 of the federal | ||
Elementary and Secondary Education Act of 1965 (20 U.S.C.
| ||
Sec.
6317) .
| ||
(3) Any attendance center if the transfer would
prevent | ||
the school district from meeting its obligations under a | ||
State or
federal law,
court
order, or consent
decree
| ||
applicable to the school district.
| ||
(b) The board shall establish and implement a policy governing | ||
the
transfer of students within the school district from a | ||
persistently dangerous
attendance center to another attendance | ||
center in that district that is not
deemed to be
persistently | ||
dangerous.
In order to be considered a persistently dangerous | ||
attendance center, the
attendance center must meet all of the | ||
following criteria for 2 consecutive
years:
| ||
(1) Have greater than 3% of the students enrolled in | ||
the attendance center
expelled for violence-related | ||
conduct.
| ||
(2) Have one or more students expelled for bringing a | ||
firearm to school
as defined in 18 U.S.C. 921.
| ||
(3) Have at least 3% of the students enrolled in the | ||
attendance center
exercise the
individual option to |
transfer attendance centers pursuant to subsection (c) of
| ||
this
Section.
| ||
(c) A student may transfer from one attendance center to
| ||
another attendance center within the district if the student is | ||
a victim of a
violent
crime as defined in Section 3 of the | ||
Rights of Crime Victims and Witnesses Act.
The violent crime | ||
must have occurred on school grounds during regular school
| ||
hours or during a school-sponsored event.
| ||
(d) (Blank). Transfers made pursuant to subsections (b) and | ||
(c) of this Section shall
be made in compliance with the | ||
federal No Child Left Behind Act of 2001 (Public
Law 107-110).
| ||
(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
| ||
(105 ILCS 5/2-3.25d rep.)
| ||
(105 ILCS 5/10-20.39 rep.)
| ||
(105 ILCS 5/21B-200 rep.) | ||
(105 ILCS 5/34-3.5 rep.) | ||
(105 ILCS 5/34-18.31 rep.) | ||
Section 10. The School Code is amended by repealing | ||
Sections 2-3.25d, 10-20.39, 21B-200, 34-3.5, and 34-18.31.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |