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Public Act 102-0539 | ||||
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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 5. The Sick Leave Bank Act is amended by changing | ||||
Section 5.10 as follows:
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(5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
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Sec. 5.10.
"Agency" means any branch, department, board, | ||||
committee or
commission of State government, but does not | ||||
include units of local
government, school districts or boards | ||||
of election commissioners , or the State Board of Education .
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(Source: P.A. 87-822.)
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Section 10. The School Code is amended by changing | ||||
Sections 2-3.47a, 2-3.104, 2-3.161, 10-17a, 10-22.6, 21B-35, | ||||
26-19, 27-6.5, 29-5, and 34-18.43 as follows: | ||||
(105 ILCS 5/2-3.47a) | ||||
Sec. 2-3.47a. Strategic plan. | ||||
(a) The State Board of Education shall develop and | ||||
maintain a continuing 5-year comprehensive strategic plan for | ||||
elementary and secondary education. The strategic plan shall | ||||
address how the State Board of Education will focus its | ||||
efforts to increase equity in all Illinois schools and shall |
include , without limitation , all of the following topic areas: | ||
(1) Service and support to school districts to improve | ||
student performance. | ||
(2) Programs to improve equitable and strategic | ||
resource allocation in Equity, adequacy, and | ||
predictability of educational opportunities and resources | ||
for all schools. | ||
(3) Efforts to enhance the social-emotional well-being | ||
of Illinois students Program development and improvements, | ||
including financial planning and support services . | ||
(4) (Blank). Efficient means of delivering services to | ||
schools on a regional basis. | ||
(5) (Blank). Assistance to students at risk of | ||
academic failure and the use of proven support programs | ||
and services to close the achievement gap. | ||
(6) (Blank). Educational research and development and | ||
access and training in the use of a centralized student | ||
achievement data system. | ||
(7) (Blank). Recommendations for streamlining the | ||
School Code to eliminate laws that interfere with local | ||
control, taking into account those foundational standards | ||
that have already been established. | ||
(8) (Blank). Streamlining certification of teachers | ||
and administrators to provide quality personnel and | ||
ongoing professional development. | ||
(9) (Blank). Support services to enhance the capacity |
of school districts to meet federal and State statutory | ||
standards. | ||
(10) (Blank). Enhanced technology for use in | ||
administration, classroom, and nontraditional educational | ||
settings. | ||
(11) (Blank). Recognition of successful, exemplary | ||
schools. | ||
(12) (Blank). The unique needs of rural school | ||
districts. | ||
(13) (Blank). School reorganization issues. | ||
(14) Attraction and retention of diverse and qualified | ||
teachers and leaders . | ||
(15) (Blank). Additional duties that should be | ||
assigned to regional offices of education and regional | ||
administrative service centers to support local control of | ||
school districts and eliminate any duplication and | ||
inefficiency.
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The State Board of Education shall consult with the | ||
educational community, hold public hearings, and receive input | ||
from all interested groups in drafting the strategic plan. | ||
(b) To meet the requirements of this Section, the State | ||
Board of Education shall issue to the Governor and General | ||
Assembly a preliminary report within 6 months after the | ||
effective date of this amendatory Act of the 93rd General | ||
Assembly and a final 5-year strategic plan within one year | ||
after the effective date of this amendatory Act of the 93rd |
General Assembly. Thereafter, the strategic plan shall be | ||
updated and issued to the Governor and General Assembly on or | ||
before July 1 of each year.
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(Source: P.A. 93-1036, eff. 9-14-04.)
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(105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
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Sec. 2-3.104. State mandate reports. The State Board of | ||
Education shall
prepare an annual report listing all new State | ||
mandates applicable to the
common schools during the school | ||
year covered by the report, excluding only
those mandates that | ||
relate to school elections. The annual report shall
set forth | ||
for each listed mandate the date or approximate date that the
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mandate became effective and the cost of implementing that | ||
mandate during
the school year covered by the report; provided | ||
that if the mandate has not
been in effect for the entire | ||
school year covered by the report, the
estimated annual cost | ||
of implementing that mandate shall be set forth in
that | ||
report, and provided that if the mandate exists because of a | ||
federal
law, rule or regulation, the report shall note that | ||
fact. The State Board
of Education shall highlight on each | ||
annual
report each mandate listed thereon that first became | ||
effective and
applicable to the common schools during the | ||
school year covered by the current
annual report. Each annual | ||
report prepared by the State Board of
Education shall be filed | ||
by the State Board of Education with the General
Assembly on or | ||
before March 1 of the calendar year, beginning with calendar
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year 1992, and shall cover only the school year ending during | ||
the calendar year
immediately preceding the calendar year in | ||
which the annual report is
required to be filed.
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(Source: P.A. 87-632; 87-895.)
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(105 ILCS 5/2-3.161) | ||
Sec. 2-3.161. Definition of dyslexia; reading instruction | ||
advisory group; handbook. | ||
(a) The State Board of Education shall incorporate, in | ||
both general education and special education, the following | ||
definition of dyslexia: | ||
Dyslexia is a specific learning disability that is | ||
neurobiological in origin.
Dyslexia is characterized by | ||
difficulties with accurate and/or fluent word
recognition | ||
and by poor spelling and decoding abilities. These | ||
difficulties
typically result from a deficit in the | ||
phonological component of language
that is often | ||
unexpected in relation to other cognitive abilities and | ||
the
provision of effective classroom instruction. | ||
Secondary consequences may
include problems in reading | ||
comprehension and reduced reading experience that
can | ||
impede growth of vocabulary and background knowledge. | ||
(b) (Blank). Subject to specific State appropriation or | ||
the availability of private donations, the State Board of | ||
Education shall establish an advisory group to develop a | ||
training module or training modules to provide education and |
professional development to teachers, school administrators, | ||
and other education professionals regarding multi-sensory, | ||
systematic, and sequential instruction in reading. This | ||
advisory group shall complete its work before December 15, | ||
2015 and is abolished on December 15, 2015. The State Board of | ||
Education shall reestablish the advisory group abolished on | ||
December 15, 2015 to complete the abolished group's work. The | ||
reestablished advisory group shall complete its work before | ||
December 31, 2016 and is abolished on December 31, 2016. The | ||
provisions of this subsection (b), other than this sentence, | ||
are inoperative after December 31, 2016.
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(c) The State Board of Education shall develop and | ||
maintain a handbook to be made available on its Internet | ||
website that provides guidance for pupils, parents or | ||
guardians, and teachers on the subject of dyslexia. The | ||
handbook shall include, but is not limited to: | ||
(1) guidelines for teachers and parents or guardians | ||
on how to identify signs of dyslexia; | ||
(2) a description of educational strategies that have | ||
been shown to improve the academic performance of pupils | ||
with dyslexia; and | ||
(3) a description of resources and services available | ||
to pupils with dyslexia, parents or guardians of pupils | ||
with dyslexia, and teachers. | ||
The State Board shall review the handbook once every 4 | ||
years to update, if necessary, the guidelines, educational |
strategies, or resources and services made available in the | ||
handbook. | ||
(Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15; | ||
99-602, eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff. | ||
8-18-17; 100-617, eff. 7-20-18.)
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(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
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Sec. 10-17a. State, school district, and school report | ||
cards.
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(1) By October 31, 2013 and October 31 of each subsequent | ||
school year, the State Board of Education, through the State | ||
Superintendent of Education, shall prepare a State report | ||
card, school district report cards, and school report cards, | ||
and shall by the most economic means provide to each school
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district in this State, including special charter districts | ||
and districts
subject to the provisions of Article 34, the | ||
report cards for the school district and each of its schools. | ||
During a school year in which the Governor has declared a | ||
disaster due to a public health emergency pursuant to Section | ||
7 of the Illinois Emergency Management Agency Act, the report | ||
cards for the school districts and each of its schools shall be | ||
prepared by December 31. | ||
(2) In addition to any information required by federal | ||
law, the State Superintendent shall determine the indicators | ||
and presentation of the school report card, which must | ||
include, at a minimum, the most current data collected and |
maintained by the State Board of Education related to the | ||
following: | ||
(A) school characteristics and student demographics, | ||
including average class size, average teaching experience, | ||
student racial/ethnic breakdown, and the percentage of | ||
students classified as low-income; the percentage of | ||
students classified as English learners , the number of | ||
students who graduate from a bilingual or English learner | ||
program, and the number of students who graduate from, | ||
transfer from, or otherwise leave bilingual programs ; the | ||
percentage of students who have individualized education | ||
plans or 504 plans that provide for special education | ||
services; the number and percentage of all students who | ||
have been assessed for placement in a gifted education or | ||
advanced academic program and, of those students: (i) the | ||
racial and ethnic breakdown, (ii) the percentage who are | ||
classified as low-income, and (iii) the number and | ||
percentage of students who received direct instruction | ||
from a teacher who holds a gifted education endorsement | ||
and, of those students, the percentage who are classified | ||
as low-income; the percentage of students scoring at the | ||
"exceeds expectations" level on the assessments required | ||
under Section 2-3.64a-5 of this Code; the percentage of | ||
students who annually transferred in or out of the school | ||
district; average daily attendance; the per-pupil | ||
operating expenditure of the school district; and the |
per-pupil State average operating expenditure for the | ||
district type (elementary, high school, or unit); | ||
(B) curriculum information, including, where | ||
applicable, Advanced Placement, International | ||
Baccalaureate or equivalent courses, dual enrollment | ||
courses, foreign language classes, school personnel | ||
resources (including Career Technical Education teachers), | ||
before and after school programs, extracurricular | ||
activities, subjects in which elective classes are | ||
offered, health and wellness initiatives (including the | ||
average number of days of Physical Education per week per | ||
student), approved programs of study, awards received, | ||
community partnerships, and special programs such as | ||
programming for the gifted and talented, students with | ||
disabilities, and work-study students; | ||
(C) student outcomes, including, where applicable, the | ||
percentage of students deemed proficient on assessments of | ||
State standards, the percentage of students in the eighth | ||
grade who pass Algebra, the percentage of students who | ||
participated in workplace learning experiences, the | ||
percentage of students enrolled in post-secondary | ||
institutions (including colleges, universities, community | ||
colleges, trade/vocational schools, and training programs | ||
leading to career certification within 2 semesters of high | ||
school graduation), the percentage of students graduating | ||
from high school who are college and career ready, and the |
percentage of graduates enrolled in community colleges, | ||
colleges, and universities who are in one or more courses | ||
that the community college, college, or university | ||
identifies as a developmental course; | ||
(D) student progress, including, where applicable, the | ||
percentage of students in the ninth grade who have earned | ||
5 credits or more without failing more than one core | ||
class, a measure of students entering kindergarten ready | ||
to learn, a measure of growth, and the percentage of | ||
students who enter high school on track for college and | ||
career readiness; | ||
(E) the school environment, including, where | ||
applicable, high school dropout rate by grade level, the | ||
percentage of students with less than 10 absences in a | ||
school year, the percentage of teachers with less than 10 | ||
absences in a school year for reasons other than | ||
professional development, leaves taken pursuant to the | ||
federal Family Medical Leave Act of 1993, long-term | ||
disability, or parental leaves, the 3-year average of the | ||
percentage of teachers returning to the school from the | ||
previous year, the number of different principals at the | ||
school in the last 6 years, the number of teachers who hold | ||
a gifted education endorsement, the process and criteria | ||
used by the district to determine whether a student is | ||
eligible for participation in a gifted education program | ||
or advanced academic program and the manner in which |
parents and guardians are made aware of the process and | ||
criteria, 2 or more indicators from any school climate | ||
survey selected or approved by the State and administered | ||
pursuant to Section 2-3.153 of this Code, with the same or | ||
similar indicators included on school report cards for all | ||
surveys selected or approved by the State pursuant to | ||
Section 2-3.153 of this Code, and the combined percentage | ||
of teachers rated as proficient or excellent in their most | ||
recent evaluation; | ||
(F) a school district's and its individual schools' | ||
balanced accountability measure, in accordance with | ||
Section 2-3.25a of this Code; | ||
(G) the total and per pupil normal cost amount the | ||
State contributed to the Teachers' Retirement System of | ||
the State of Illinois in the prior fiscal year for the | ||
school's employees, which shall be reported to the State | ||
Board of Education by the Teachers' Retirement System of | ||
the State of Illinois; | ||
(H) for a school district organized under Article 34 | ||
of this Code only, State contributions to the Public | ||
School Teachers' Pension and Retirement Fund of Chicago | ||
and State contributions for health care for employees of | ||
that school district; | ||
(I) a school district's Final Percent of Adequacy, as | ||
defined in paragraph (4) of subsection (f) of Section | ||
18-8.15 of this Code; |
(J) a school district's Local Capacity Target, as | ||
defined in paragraph (2) of subsection (c) of Section | ||
18-8.15 of this Code, displayed as a percentage amount; | ||
(K) a school district's Real Receipts, as defined in | ||
paragraph (1) of subsection (d) of Section 18-8.15 of this | ||
Code, divided by a school district's Adequacy Target, as | ||
defined in paragraph (1) of subsection (b) of Section | ||
18-8.15 of this Code, displayed as a percentage amount; | ||
(L) a school district's administrative costs; and | ||
(M) whether or not the school has participated in the | ||
Illinois Youth Survey. In this paragraph (M), "Illinois | ||
Youth Survey" means a self-report survey, administered in | ||
school settings every 2 years, designed to gather | ||
information about health and social indicators, including | ||
substance abuse patterns and the attitudes of students in | ||
grades 8, 10, and 12; and | ||
(N) whether the school offered its students career and | ||
technical education opportunities. | ||
The school report card shall also provide
information that | ||
allows for comparing the current outcome, progress, and | ||
environment data to the State average, to the school data from | ||
the past 5 years, and to the outcomes, progress, and | ||
environment of similar schools based on the type of school and | ||
enrollment of low-income students, special education students, | ||
and English learners.
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As used in this subsection (2): |
"Administrative costs" means costs associated with | ||
executive, administrative, or managerial functions within the | ||
school district that involve planning, organizing, managing, | ||
or directing the school district. | ||
"Advanced academic program" means a course of study to | ||
which students are assigned based on advanced cognitive | ||
ability or advanced academic achievement compared to local age | ||
peers and in which the curriculum is substantially | ||
differentiated from the general curriculum to provide | ||
appropriate challenge and pace. | ||
"Gifted education" means educational services, including | ||
differentiated curricula and instructional methods, designed | ||
to meet the needs of gifted children as defined in Article 14A | ||
of this Code. | ||
For the purposes of paragraph (A) of this subsection (2), | ||
"average daily attendance" means the average of the actual | ||
number of attendance days during the previous school year for | ||
any enrolled student who is subject to compulsory attendance | ||
by Section 26-1 of this Code at each school and charter school. | ||
(3) At the discretion of the State Superintendent, the | ||
school district report card shall include a subset of the | ||
information identified in paragraphs (A) through (E) of | ||
subsection (2) of this Section, as well as information | ||
relating to the operating expense per pupil and other finances | ||
of the school district, and the State report card shall | ||
include a subset of the information identified in paragraphs |
(A) through (E) and paragraph (N) of subsection (2) of this | ||
Section. The school district report card shall include the | ||
average daily attendance, as that term is defined in | ||
subsection (2) of this Section, of students who have | ||
individualized education programs and students who have 504 | ||
plans that provide for special education services within the | ||
school district. | ||
(4) Notwithstanding anything to the contrary in this | ||
Section, in consultation with key education stakeholders, the | ||
State Superintendent shall at any time have the discretion to | ||
amend or update any and all metrics on the school, district, or | ||
State report card. | ||
(5) Annually, no more than 30 calendar days after receipt | ||
of the school district and school report cards from the State | ||
Superintendent of Education, each school district, including | ||
special charter districts and districts subject to the | ||
provisions of Article 34, shall present such report
cards at a | ||
regular school board meeting subject to
applicable notice | ||
requirements, post the report cards
on the
school district's | ||
Internet web site, if the district maintains an Internet web
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site, make the report cards
available
to a newspaper of | ||
general circulation serving the district, and, upon
request, | ||
send the report cards
home to a parent (unless the district | ||
does not maintain an Internet web site,
in which case
the | ||
report card shall be sent home to parents without request). If | ||
the
district posts the report card on its Internet web
site, |
the district
shall send a
written notice home to parents | ||
stating (i) that the report card is available on
the web site,
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(ii) the address of the web site, (iii) that a printed copy of | ||
the report card
will be sent to
parents upon request, and (iv) | ||
the telephone number that parents may
call to
request a | ||
printed copy of the report card.
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(6) Nothing contained in Public Act 98-648 repeals, | ||
supersedes, invalidates, or nullifies final decisions in | ||
lawsuits pending on July 1, 2014 (the effective date of Public | ||
Act 98-648) in Illinois courts involving the interpretation of | ||
Public Act 97-8. | ||
(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18; | ||
100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff. | ||
8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68, | ||
eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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Sec. 10-22.6. Suspension or expulsion of pupils; school | ||
searches.
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(a) To expel pupils guilty of gross disobedience or | ||
misconduct, including gross disobedience or misconduct | ||
perpetuated by electronic means, pursuant to subsection (b-20) | ||
of this Section, and
no action shall lie against them for such | ||
expulsion. Expulsion shall
take place only after the parents | ||
have been requested to appear at a
meeting of the board, or | ||
with a hearing officer appointed by it, to
discuss their |
child's behavior. Such request shall be made by registered
or | ||
certified mail and shall state the time, place and purpose of | ||
the
meeting. The board, or a hearing officer appointed by it, | ||
at such
meeting shall state the reasons for dismissal and the | ||
date on which the
expulsion is to become effective. If a | ||
hearing officer is appointed by
the board, he shall report to | ||
the board a written summary of the evidence
heard at the | ||
meeting and the board may take such action thereon as it
finds | ||
appropriate. If the board acts to expel a pupil, the written | ||
expulsion decision shall detail the specific reasons why | ||
removing the pupil from the learning environment is in the | ||
best interest of the school. The expulsion decision shall also | ||
include a rationale as to the specific duration of the | ||
expulsion. An expelled pupil may be immediately transferred to | ||
an alternative program in the manner provided in Article 13A | ||
or 13B of this Code. A pupil must not be denied transfer | ||
because of the expulsion, except in cases in which such | ||
transfer is deemed to cause a threat to the safety of students | ||
or staff in the alternative program.
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(b) To suspend or by policy to authorize the | ||
superintendent of
the district or the principal, assistant | ||
principal, or dean of students
of any school to suspend pupils | ||
guilty of gross disobedience or misconduct, or
to suspend | ||
pupils guilty of gross disobedience or misconduct on the | ||
school bus
from riding the school bus, pursuant to subsections | ||
(b-15) and (b-20) of this Section, and no action
shall lie |
against them for such suspension. The board may by policy
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authorize the superintendent of the district or the principal, | ||
assistant
principal, or dean of students of any
school to | ||
suspend pupils guilty of such acts for a period not to exceed
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10 school days. If a pupil is suspended due to gross | ||
disobedience or misconduct
on a school bus, the board may | ||
suspend the pupil in excess of 10
school
days for safety | ||
reasons. | ||
Any suspension shall be reported immediately to the
| ||
parents or guardian of a pupil along with a full statement of | ||
the
reasons for such suspension and a notice of their right to | ||
a review. The school board must be given a summary of the | ||
notice, including the reason for the suspension and the | ||
suspension length. Upon request of the
parents or guardian, | ||
the school board or a hearing officer appointed by
it shall | ||
review such action of the superintendent or principal, | ||
assistant
principal, or dean of students. At such
review, the | ||
parents or guardian of the pupil may appear and discuss the
| ||
suspension with the board or its hearing officer. If a hearing | ||
officer
is appointed by the board, he shall report to the board | ||
a written summary
of the evidence heard at the meeting. After | ||
its hearing or upon receipt
of the written report of its | ||
hearing officer, the board may take such
action as it finds | ||
appropriate. If a student is suspended pursuant to this | ||
subsection (b), the board shall, in the written suspension | ||
decision, detail the specific act of gross disobedience or |
misconduct resulting in the decision to suspend. The | ||
suspension decision shall also include a rationale as to the | ||
specific duration of the suspension. A pupil who is suspended | ||
in excess of 20 school days may be immediately transferred to | ||
an alternative program in the manner provided in Article 13A | ||
or 13B of this Code. A pupil must not be denied transfer | ||
because of the suspension, except in cases in which such | ||
transfer is deemed to cause a threat to the safety of students | ||
or staff in the alternative program.
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(b-5) Among the many possible disciplinary interventions | ||
and consequences available to school officials, school | ||
exclusions, such as out-of-school suspensions and expulsions, | ||
are the most serious. School officials shall limit the number | ||
and duration of expulsions and suspensions to the greatest | ||
extent practicable, and it is recommended that they use them | ||
only for legitimate educational purposes. To ensure that | ||
students are not excluded from school unnecessarily, it is | ||
recommended that school officials consider forms of | ||
non-exclusionary discipline prior to using out-of-school | ||
suspensions or expulsions. | ||
(b-10) Unless otherwise required by federal law or this | ||
Code, school boards may not institute zero-tolerance policies | ||
by which school administrators are required to suspend or | ||
expel students for particular behaviors. | ||
(b-15) Out-of-school suspensions of 3 days or less may be | ||
used only if the student's continuing presence in school would |
pose a threat to school safety or a disruption to other | ||
students' learning opportunities. For purposes of this | ||
subsection (b-15), "threat to school safety or a disruption to | ||
other students' learning opportunities" shall be determined on | ||
a case-by-case basis by the school board or its designee. | ||
School officials shall make all reasonable efforts to resolve | ||
such threats, address such disruptions, and minimize the | ||
length of suspensions to the greatest extent practicable. | ||
(b-20) Unless otherwise required by this Code, | ||
out-of-school suspensions of longer than 3 days, expulsions, | ||
and disciplinary removals to alternative schools may be used | ||
only if other appropriate and available behavioral and | ||
disciplinary interventions have been exhausted and the | ||
student's continuing presence in school would either (i) pose | ||
a
threat to the safety of other students, staff, or members of
| ||
the school community or (ii) substantially disrupt, impede, or
| ||
interfere with the operation of the school. For purposes of | ||
this subsection (b-20), "threat to the safety of other | ||
students, staff, or members of the school community" and | ||
"substantially disrupt, impede, or interfere with the | ||
operation of the school" shall be determined on a case-by-case | ||
basis by school officials. For purposes of this subsection | ||
(b-20), the determination of whether "appropriate and | ||
available behavioral and disciplinary interventions have been | ||
exhausted" shall be made by school officials. School officials | ||
shall make all reasonable efforts to resolve such threats, |
address such disruptions, and minimize the length of student | ||
exclusions to the greatest extent practicable. Within the | ||
suspension decision described in subsection (b) of this | ||
Section or the expulsion decision described in subsection (a) | ||
of this Section, it shall be documented whether other | ||
interventions were attempted or whether it was determined that | ||
there were no other appropriate and available interventions. | ||
(b-25) Students who are suspended out-of-school for longer | ||
than 4 school days shall be provided appropriate and available | ||
support services during the period of their suspension. For | ||
purposes of this subsection (b-25), "appropriate and available | ||
support services" shall be determined by school authorities. | ||
Within the suspension decision described in subsection (b) of | ||
this Section, it shall be documented whether such services are | ||
to be provided or whether it was determined that there are no | ||
such appropriate and available services. | ||
A school district may refer students who are expelled to | ||
appropriate and available support services. | ||
A school district shall create a policy to facilitate the | ||
re-engagement of students who are suspended out-of-school, | ||
expelled, or returning from an alternative school setting. | ||
(b-30) A school district shall create a policy by which | ||
suspended pupils, including those pupils suspended from the | ||
school bus who do not have alternate transportation to school, | ||
shall have the opportunity to make up work for equivalent | ||
academic credit. It shall be the responsibility of a pupil's |
parent or guardian to notify school officials that a pupil | ||
suspended from the school bus does not have alternate | ||
transportation to school. | ||
(c) A school board must invite a representative from a | ||
local mental health agency to consult with the board at the | ||
meeting whenever there is evidence that mental illness may be | ||
the cause of a student's expulsion or suspension. The | ||
Department of Human Services
shall be invited to send a | ||
representative to consult with the board at
such meeting | ||
whenever there is evidence that mental illness may be the
| ||
cause for expulsion or suspension.
| ||
(c-5) School districts shall make reasonable efforts to | ||
provide ongoing professional development to teachers, | ||
administrators, school board members, school resource | ||
officers, and staff on the adverse consequences of school | ||
exclusion and justice-system involvement, effective classroom | ||
management strategies, culturally responsive discipline, the | ||
appropriate and available supportive services for the | ||
promotion of student attendance and engagement, and | ||
developmentally appropriate disciplinary methods that promote | ||
positive and healthy school climates. | ||
(d) The board may expel a student for a definite period of | ||
time not to
exceed 2 calendar years, as determined on a | ||
case-by-case basis.
A student who
is determined to have | ||
brought one of the following objects to school, any | ||
school-sponsored activity
or event, or any activity or event |
that bears a reasonable relationship to school shall be | ||
expelled for a period of not less than
one year: | ||
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 2012. The expulsion period | ||
under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily | ||
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by | ||
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. | ||
Expulsion
or suspension
shall be construed in a
manner | ||
consistent with the federal Individuals with Disabilities | ||
Education
Act. A student who is subject to suspension or | ||
expulsion as provided in this
Section may be eligible for a | ||
transfer to an alternative school program in
accordance with | ||
Article 13A of the School Code.
| ||
(d-5) The board may suspend or by regulation
authorize the |
superintendent of the district or the principal, assistant
| ||
principal, or dean of students of any
school to suspend a | ||
student for a period not to exceed
10 school days or may expel | ||
a student for a definite period of time not to
exceed 2 | ||
calendar years, as determined on a case-by-case basis, if (i) | ||
that student has been determined to have made an explicit | ||
threat on an Internet website against a school employee, a | ||
student, or any school-related personnel, (ii) the Internet | ||
website through which the threat was made is a site that was | ||
accessible within the school at the time the threat was made or | ||
was available to third parties who worked or studied within | ||
the school grounds at the time the threat was made, and (iii) | ||
the threat could be reasonably interpreted as threatening to | ||
the safety and security of the threatened individual because | ||
of his or her duties or employment status or status as a | ||
student inside the school.
| ||
(e) To maintain order and security in the schools, school | ||
authorities may
inspect and search places and areas such as | ||
lockers, desks, parking lots, and
other school property and | ||
equipment owned or controlled by the school, as well
as | ||
personal effects left in those places and areas by students, | ||
without notice
to or the consent of the student, and without a | ||
search warrant. As a matter of
public policy, the General | ||
Assembly finds that students have no reasonable
expectation of | ||
privacy in these places and areas or in their personal effects
| ||
left in these places and areas. School authorities may request |
the assistance
of law enforcement officials for the purpose of | ||
conducting inspections and
searches of lockers, desks, parking | ||
lots, and other school property and
equipment owned or | ||
controlled by the school for illegal drugs, weapons, or
other
| ||
illegal or dangerous substances or materials, including | ||
searches conducted
through the use of specially trained dogs. | ||
If a search conducted in accordance
with this Section produces | ||
evidence that the student has violated or is
violating either | ||
the law, local ordinance, or the school's policies or rules,
| ||
such evidence may be seized by school authorities, and | ||
disciplinary action may
be taken. School authorities may also | ||
turn over such evidence to law
enforcement authorities.
| ||
(f) Suspension or expulsion may include suspension or | ||
expulsion from
school and all school activities and a | ||
prohibition from being present on school
grounds.
| ||
(g) A school district may adopt a policy providing that if | ||
a student
is suspended or expelled for any reason from any | ||
public or private school
in this or any other state, the | ||
student must complete the entire term of
the suspension or | ||
expulsion in an alternative school program under Article 13A | ||
of this Code or an alternative learning opportunities program | ||
under Article 13B of this Code before being admitted into the | ||
school
district if there is no threat to the safety of students | ||
or staff in the alternative program.
| ||
(h) School officials shall not advise or encourage | ||
students to drop out voluntarily due to behavioral or academic |
difficulties. | ||
(i) A student may not be issued a monetary fine or fee as a | ||
disciplinary consequence, though this shall not preclude | ||
requiring a student to provide restitution for lost, stolen, | ||
or damaged property. | ||
(j) Subsections (a) through (i) of this Section shall | ||
apply to elementary and secondary schools, charter schools, | ||
special charter districts, and school districts organized | ||
under Article 34 of this Code. | ||
(k) The expulsion of children enrolled in programs funded | ||
under Section 1C-2 of this Code is subject to the requirements | ||
under paragraph (7) of subsection (a) of Section 2-3.71 of | ||
this Code. | ||
(l) Beginning with the 2018-2019 school year, an in-school | ||
suspension program provided by a school district for any | ||
students in kindergarten through grade 12 may focus on | ||
promoting non-violent conflict resolution and positive | ||
interaction with other students and school personnel. A school | ||
district may employ a school social worker or a licensed | ||
mental health professional to oversee an in-school suspension | ||
program in kindergarten through grade 12. | ||
(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff. | ||
7-12-19.)
| ||
(105 ILCS 5/21B-35) |
Sec. 21B-35. Minimum requirements for educators trained in | ||
other states or countries. | ||
(a) Any applicant who has not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education applying for a Professional | ||
Educator License endorsed in a teaching field or school | ||
support personnel area must meet the following requirements: | ||
(1) the applicant must: | ||
(A) hold a comparable and valid educator license | ||
or certificate, as defined by rule, with similar grade | ||
level and content area credentials from another state, | ||
with the State Board of Education having the authority | ||
to determine what constitutes similar grade level and | ||
content area credentials from another state; | ||
(B) have a bachelor's degree from a regionally | ||
accredited institution of higher education; and | ||
(C) (blank); or have demonstrated proficiency in | ||
the English language by either passing the English | ||
language proficiency test required by the State Board | ||
of Education or providing evidence of completing a | ||
postsecondary degree at an institution in which the | ||
mode of instruction was English; or | ||
(2) the applicant must: | ||
(A) have completed a state-approved program for | ||
the licensure area sought, including coursework | ||
concerning methods of instruction of the exceptional |
child, methods of reading and reading in the content | ||
area, and instructional strategies for English | ||
learners; | ||
(B) have a bachelor's degree from a regionally | ||
accredited institution of higher education; | ||
(C) have successfully met all Illinois examination | ||
requirements, except that: | ||
(i) (blank); | ||
(ii) an applicant who has successfully | ||
completed a test of content, as defined by rules, | ||
at the time of initial licensure in another state | ||
is not required to complete a test of content; and | ||
(iii) an applicant for a teaching endorsement | ||
who has successfully completed an evidence-based | ||
assessment of teacher effectiveness, as defined by | ||
rules, at the time of initial licensure in another | ||
state is not required to complete an | ||
evidence-based assessment of teacher | ||
effectiveness; and | ||
(D) for an applicant for a teaching endorsement, | ||
have completed student teaching or an equivalent | ||
experience or, for an applicant for a school service | ||
personnel endorsement, have completed an internship or | ||
an equivalent experience. | ||
(b) In order to receive a Professional Educator License | ||
endorsed in a teaching field or school support personnel area, |
applicants trained in another country must meet all of the | ||
following requirements: | ||
(1) Have completed a comparable education program in | ||
another country. | ||
(2) Have had transcripts evaluated by an evaluation | ||
service approved by the State Superintendent of Education. | ||
(3) Have a degree comparable to a degree from a | ||
regionally accredited institution of higher education. | ||
(4) Have completed coursework aligned to standards | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(5) (Blank). | ||
(6) (Blank). | ||
(7) Have successfully met all State licensure | ||
examination requirements. Applicants who have successfully | ||
completed a test of content, as defined by rules, at the | ||
time of initial licensure in another country shall not be | ||
required to complete a test of content. Applicants for a | ||
teaching endorsement who have successfully completed an | ||
evidence-based assessment of teacher effectiveness, as | ||
defined by rules, at the time of initial licensure in | ||
another country shall not be required to complete an | ||
evidence-based assessment of teacher effectiveness. | ||
(8) Have completed student teaching or an equivalent | ||
experience. |
(9) (Blank). Have demonstrated proficiency in the | ||
English language by either passing the English language | ||
proficiency test required by the State Board of Education | ||
or providing evidence of completing a postsecondary degree | ||
at an institution in which the mode of instruction was | ||
English. | ||
(b-5) All applicants who have not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education and applicants trained in | ||
another country applying for a Professional Educator License | ||
endorsed for principal or superintendent must hold a master's | ||
degree from a regionally accredited institution of higher | ||
education , pass the English language proficiency test required | ||
by the State Board of Education, and hold a comparable and | ||
valid educator license or certificate with similar grade level | ||
and subject matter credentials, with the State Board of | ||
Education having the authority to determine what constitutes | ||
similar grade level and subject matter credentials from | ||
another state, or must meet all of the following requirements: | ||
(1) Have completed an educator preparation program | ||
approved by another state or comparable educator program | ||
in another country leading to the receipt of a license or | ||
certificate for the Illinois endorsement sought. | ||
(2) Have successfully met all State licensure | ||
examination requirements, as required by Section 21B-30 of | ||
this Code. Applicants who have successfully completed a |
test of content, as defined by rules, at the time of | ||
initial licensure in another state or country shall not be | ||
required to complete a test of content. | ||
(2.5) Have completed an internship, as defined by | ||
rule. | ||
(3) (Blank). | ||
(4) Have completed coursework aligned to standards | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(4.5) (Blank). Have demonstrated proficiency in the | ||
English language by either passing the English language | ||
proficiency test required by the State Board of Education | ||
or providing evidence of completing a postsecondary degree | ||
at an institution in which the mode of instruction was | ||
English. | ||
(5) Have completed a master's degree. | ||
(6) Have successfully completed teaching, school | ||
support, or administrative experience as defined by rule. | ||
(b-7) All applicants who have not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education applying for a Professional | ||
Educator License endorsed for Director of Special Education | ||
must hold a master's degree from a regionally accredited | ||
institution of higher education and must hold a comparable and | ||
valid educator license or certificate with similar grade level |
and subject matter credentials, with the State Board of | ||
Education having the authority to determine what constitutes | ||
similar grade level and subject matter credentials from | ||
another state, or must meet all of the following requirements: | ||
(1) Have completed a master's degree. | ||
(2) Have 2 years of full-time experience providing | ||
special education services. | ||
(3) Have successfully completed all examination | ||
requirements, as required by Section 21B-30 of this Code. | ||
Applicants who have successfully completed a test of | ||
content, as identified by rules, at the time of initial | ||
licensure in another state or country shall not be | ||
required to complete a test of content. | ||
(4) Have completed coursework aligned to standards | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(b-10) All applicants who have not been entitled by an | ||
Illinois-approved educator preparation program at an Illinois | ||
institution of higher education applying for a Professional | ||
Educator License endorsed for chief school business official | ||
must hold a master's degree from a regionally accredited | ||
institution of higher education and must hold a comparable and | ||
valid educator license or certificate with similar grade level | ||
and subject matter credentials, with the State Board of | ||
Education having the authority to determine what constitutes |
similar grade level and subject matter credentials from | ||
another state, or must meet all of the following requirements: | ||
(1) Have completed a master's degree in school | ||
business management, finance, or accounting. | ||
(2) Have successfully completed an internship in | ||
school business management or have 2 years of experience | ||
as a school business administrator. | ||
(3) Have successfully met all State examination | ||
requirements, as required by Section 21B-30 of this Code. | ||
Applicants who have successfully completed a test of | ||
content, as identified by rules, at the time of initial | ||
licensure in another state or country shall not be | ||
required to complete a test of content. | ||
(4) Have completed modules aligned to standards | ||
concerning methods of instruction of the exceptional | ||
child, methods of reading and reading in the content area, | ||
and instructional strategies for English learners. | ||
(c) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to implement this Section.
| ||
(Source: P.A. 100-13, eff. 7-1-17; 100-584, eff. 4-6-18; | ||
100-596, eff. 7-1-18; 101-220, eff. 8-7-19; 101-643, eff. | ||
6-18-20.) | ||
(105 ILCS 5/26-19) | ||
Sec. 26-19. Chronic absenteeism in preschool children. |
(a) In this Section, "chronic absence" has the meaning | ||
ascribed to that term in Section 26-18 of this Code. | ||
(b) The General Assembly makes all of the following | ||
findings: | ||
(1) The early years are an extremely important period | ||
in a child's learning and development. | ||
(2) Missed learning opportunities in the early years | ||
make it difficult for a child to enter kindergarten ready | ||
for success. | ||
(3) Attendance patterns in the early years serve as | ||
predictors of chronic absenteeism and reduced educational | ||
outcomes in later school years. Therefore, it is crucial | ||
that the implications of chronic absence be understood and | ||
reviewed regularly under the Preschool for All Program and | ||
Preschool for All Expansion Program in all publicly funded | ||
early childhood programs receiving State funds under | ||
Section 2-3.71 of this Code. | ||
(c) The Preschool for All Program and Preschool for All | ||
Expansion Program Beginning July 1, 2019, any publicly funded | ||
early childhood program receiving State funds under Section | ||
2-3.71 of this Code shall collect and review its chronic | ||
absence data and determine what support and resources are | ||
needed to positively engage chronically absent students and | ||
their families to encourage the habit of daily attendance and | ||
promote success. | ||
(d) The Preschool for All Program and Preschool for All |
Expansion Program Publicly funded early childhood programs | ||
receiving State funds under Section 2-3.71 of this Code are | ||
encouraged to do all of the following: | ||
(1) Provide support to students who are at risk of | ||
reaching or exceeding chronic absence levels. | ||
(2) Make resources available to families, such as | ||
those available through the State Board of Education's | ||
Family Engagement Framework, to support and encourage | ||
families to ensure their children's daily program | ||
attendance. | ||
(3) Include information about chronic absenteeism as | ||
part of their preschool to kindergarten transition | ||
resources. | ||
(e) On or before July 1, 2020, and annually thereafter, | ||
the Preschool for All Program and Preschool for All Expansion | ||
Program an early childhood program shall report all data | ||
collected under subsection (c) of this Section to the State | ||
Board of Education, which shall make the report publicly | ||
available via the Illinois Early Childhood Asset Map Internet | ||
website and the Preschool for All Program or Preschool for All | ||
Expansion Program triennial report.
| ||
(Source: P.A. 100-819, eff. 7-1-19 .) | ||
(105 ILCS 5/27-6.5) | ||
Sec. 27-6.5. Physical fitness assessments in schools. | ||
(a) As used in this Section, "physical fitness assessment" |
means a series of assessments to measure aerobic capacity, | ||
body composition, muscular strength, muscular endurance, and | ||
flexibility. | ||
(b) To measure the effectiveness of State Goal 20 of the | ||
Illinois Learning Standards for Physical Development and | ||
Health, beginning with the 2016-2017 school year and every | ||
school year thereafter, the State Board of Education shall | ||
require all public schools to use a scientifically-based, | ||
health-related physical fitness assessment for grades 3 | ||
through 12 and periodically report fitness information to the | ||
State Board of Education, as set forth in subsections (c) and | ||
(e) of this Section, to assess student fitness indicators. | ||
Public schools shall integrate health-related fitness | ||
testing into the curriculum as an instructional tool, except | ||
in grades before the 3rd grade. Fitness tests must be | ||
appropriate to students' developmental levels and physical | ||
abilities. The testing must be used to teach students how to | ||
assess their fitness levels, set goals for improvement, and | ||
monitor progress in reaching their goals. Fitness scores shall | ||
not be used for grading students or evaluating teachers. | ||
(c) (Blank). On or before October 1, 2014, the State | ||
Superintendent of Education shall appoint a 15-member | ||
stakeholder and expert task force, including members | ||
representing organizations that represent physical education | ||
teachers, school officials, principals, health promotion and | ||
disease prevention advocates and experts, school health |
advocates and experts, and other experts with operational and | ||
academic expertise in the measurement of fitness. The task | ||
force shall make recommendations to the State Board of | ||
Education on the following: | ||
(1) methods for ensuring the validity and uniformity | ||
of reported physical fitness assessment scores, including | ||
assessment administration protocols and professional | ||
development approaches for physical education teachers; | ||
(2) how often physical fitness assessment scores | ||
should be reported to the State Board of Education; | ||
(3) the grade levels within elementary, middle, and | ||
high school categories for which physical fitness | ||
assessment scores should be reported to the State Board of | ||
Education; | ||
(4) the minimum fitness indicators that should be | ||
reported to the State Board of Education, including, but | ||
not limited to, a score for aerobic capacity (for grades 4 | ||
through 12); muscular strength; endurance; and | ||
flexibility; | ||
(5) the demographic information that should accompany | ||
the scores, including, but not limited to, grade and | ||
gender; | ||
(6) the development of protocols regarding the | ||
protection of students' confidentiality and individual | ||
information and identifiers; and | ||
(7) how physical fitness assessment data should be
|
reported by the State Board of Education to the public, | ||
including potential correlations
with student academic | ||
achievement, attendance, and
discipline data and other | ||
recommended uses of the reported data. | ||
The State Board of Education shall provide administrative | ||
and other support to the task force. | ||
The task force shall submit its recommendations on | ||
physical fitness assessments on or before April 1, 2015. The | ||
task force may also recommend methods for assessing student | ||
progress on State Goals 19 and 21 through 24 of the Illinois | ||
Learning Standards for Physical Development and Health. The | ||
task force is dissolved on April 30, 2015. | ||
The provisions of this subsection (c), other than this | ||
sentence, are inoperative after March 31, 2016. | ||
(d) The State Board of Education must On or before | ||
December 31, 2015, the State Board of Education shall use the | ||
recommendations of the task force under subsection (c) of this | ||
Section to adopt rules for the implementation of physical | ||
fitness assessments under this Section by each public school | ||
for the 2016-2017 school year and every school year | ||
thereafter . The requirements of this Section do not apply if | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. | ||
(e) The On or before September 1, 2016, the State Board of | ||
Education shall adopt rules for data submission by school |
districts and develop a system for collecting and reporting | ||
the aggregated fitness information from the physical fitness | ||
assessments. This system shall also support the collection of | ||
data from school districts that use a fitness testing software | ||
program. | ||
(f) School districts may report the aggregate findings of | ||
physical fitness assessments by grade level and school to | ||
parents and members of the community through typical | ||
communication channels, such as Internet websites, school | ||
newsletters, school board reports, and presentations. | ||
Districts may also provide individual fitness assessment | ||
reports to students' parents. | ||
(g) Nothing in this Section precludes schools from | ||
implementing a physical fitness assessment before the | ||
2016-2017 school year or from implementing more robust forms | ||
of a physical fitness assessment.
| ||
(Source: P.A. 101-643, eff. 6-18-20.) | ||
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||
Sec. 29-5. Reimbursement by State for transportation. Any | ||
school
district, maintaining a school, transporting resident | ||
pupils to another
school district's vocational program, | ||
offered through a joint agreement
approved by the State Board | ||
of Education, as provided in Section
10-22.22 or transporting | ||
its resident pupils to a school which meets the
standards for | ||
recognition as established by the State Board of Education
|
which provides transportation meeting the standards of safety, | ||
comfort,
convenience, efficiency and operation prescribed by | ||
the State Board of
Education for resident pupils in | ||
kindergarten or any of grades 1 through
12 who: (a) reside at | ||
least 1 1/2 miles as measured by the customary route of
travel, | ||
from the school attended; or (b) reside in areas where | ||
conditions are
such that walking constitutes a hazard to the | ||
safety of the child when
determined under Section 29-3; and | ||
(c) are transported to the school attended
from pick-up points | ||
at the beginning of the school day and back again at the
close | ||
of the school day or transported to and from their assigned | ||
attendance
centers during the school day, shall be reimbursed | ||
by the State as hereinafter
provided in this Section.
| ||
The State will pay the prorated allowable cost of | ||
transporting eligible pupils less the real equalized assessed | ||
valuation as computed under paragraph (3) of subsection (d) of | ||
Section 18-8.15 prior year
assessed valuation in a dual school | ||
district maintaining secondary
grades 9 to 12 inclusive times | ||
a qualifying rate of .05%; in elementary
school districts | ||
maintaining grades K to 8 times a qualifying rate of
.06%; and | ||
in unit districts maintaining grades K to 12, including | ||
partial elementary unit districts formed pursuant to Article | ||
11E optional elementary unit districts and combined high | ||
school - unit districts , times a qualifying
rate of .07% ; | ||
provided that for optional elementary unit districts and | ||
combined high school - unit districts, prior year assessed |
valuation for high school purposes, as defined in Article 11E | ||
of this Code, must be used . To be eligible to receive | ||
reimbursement in excess of 4/5
of the cost to transport | ||
eligible pupils, a school district or partial elementary unit | ||
district formed pursuant to Article 11E shall have a
| ||
Transportation Fund tax rate of at least .12%. The | ||
Transportation Fund tax rate for a partial elementary unit | ||
district formed pursuant Article 11E shall be the combined | ||
elementary and high school rates pursuant to paragraph (4) of | ||
subsection (a) of Section 18-8.15. If a school district or | ||
partial elementary unit district formed pursuant to Article | ||
11E
does not have a .12% Transportation Fund tax rate, the | ||
amount of its
claim in excess of 4/5 of the cost of | ||
transporting pupils shall be
reduced by the sum arrived at by | ||
subtracting the Transportation Fund tax
rate from .12% and | ||
multiplying that amount by the district's real equalized | ||
assessed valuation as computed under paragraph (3) of | ||
subsection (d) of Section 18-8.15 prior year equalized or
| ||
assessed valuation , provided , that in no case shall said | ||
reduction
result in reimbursement of less than 4/5 of the cost | ||
to transport
eligible pupils.
| ||
The minimum amount to be received by a district is $16 | ||
times the
number of eligible pupils transported.
| ||
When calculating the reimbursement for transportation | ||
costs, the State Board of Education may not deduct the number | ||
of pupils enrolled in early education programs from the number |
of pupils eligible for reimbursement if the pupils enrolled in | ||
the early education programs are transported at the same time | ||
as other eligible pupils.
| ||
Any such district transporting resident pupils during the | ||
school day
to an area vocational school or another school | ||
district's vocational
program more than 1 1/2 miles from the | ||
school attended, as provided in
Sections 10-22.20a and | ||
10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||
of transporting eligible pupils.
| ||
School day means that period of time during which the | ||
pupil is required to be
in attendance for instructional | ||
purposes.
| ||
If a pupil is at a location within the school district | ||
other than his
residence for child care purposes at the time | ||
for transportation to school,
that location may be considered | ||
for purposes of determining the 1 1/2 miles
from the school | ||
attended.
| ||
Claims for reimbursement that include children who attend | ||
any school
other than a public school shall show the number of | ||
such children
transported.
| ||
Claims for reimbursement under this Section shall not be | ||
paid for the
transportation of pupils for whom transportation | ||
costs are claimed for
payment under other Sections of this | ||
Act.
| ||
The allowable direct cost of transporting pupils for | ||
regular, vocational,
and special education pupil |
transportation shall be limited to the sum of
the cost of | ||
physical examinations required for employment as a school bus
| ||
driver; the salaries of full-time or part-time drivers and | ||
school bus maintenance
personnel; employee benefits excluding | ||
Illinois municipal retirement
payments, social security | ||
payments, unemployment insurance payments and
workers' | ||
compensation insurance premiums; expenditures to independent
| ||
carriers who operate school buses; payments to other school | ||
districts for
pupil transportation services; pre-approved | ||
contractual expenditures for
computerized bus scheduling; | ||
expenditures for housing assistance and homeless prevention | ||
under Sections 1-17 and 1-18 of the Education for Homeless | ||
Children Act that are not in excess of the school district's | ||
actual costs for providing transportation services and are not | ||
otherwise claimed in another State or federal grant that | ||
permits those costs to a parent, a legal guardian, any other | ||
person who enrolled a pupil, or a homeless assistance agency | ||
that is part of the federal McKinney-Vento Homeless Assistance | ||
Act's continuum of care for the area in which the district is | ||
located; the cost of gasoline, oil, tires, and other
supplies | ||
necessary for the operation of school buses; the cost of
| ||
converting buses' gasoline engines to more fuel efficient | ||
engines or to
engines which use alternative energy sources; | ||
the cost of travel to
meetings and workshops conducted by the | ||
regional superintendent or the
State Superintendent of | ||
Education pursuant to the standards established by
the |
Secretary of State under Section 6-106 of the Illinois Vehicle | ||
Code to improve the driving skills of
school bus drivers; the | ||
cost of maintenance of school buses including parts
and | ||
materials used; expenditures for leasing transportation | ||
vehicles,
except interest and service charges; the cost of | ||
insurance and licenses for
transportation vehicles; | ||
expenditures for the rental of transportation
equipment; plus | ||
a depreciation allowance of 20% for 5 years for school
buses | ||
and vehicles approved for transporting pupils to and from | ||
school and
a depreciation allowance of 10% for 10 years for | ||
other transportation
equipment so used.
Each school year, if a | ||
school district has made expenditures to the
Regional | ||
Transportation Authority or any of its service boards, a mass
| ||
transit district, or an urban transportation district under an
| ||
intergovernmental agreement with the district to provide for | ||
the
transportation of pupils and if the public transit carrier | ||
received direct
payment for services or passes from a school | ||
district within its service
area during the 2000-2001 school | ||
year, then the allowable direct cost of
transporting pupils | ||
for regular, vocational, and special education pupil
| ||
transportation shall also include the expenditures that the | ||
district has
made to the public transit carrier.
In addition | ||
to the above allowable costs school
districts shall also claim | ||
all transportation supervisory salary costs,
including | ||
Illinois municipal retirement payments, and all transportation
| ||
related building and building maintenance costs without |
limitation.
| ||
Special education allowable costs shall also include | ||
expenditures for the
salaries of attendants or aides for that | ||
portion of the time they assist
special education pupils while | ||
in transit and expenditures for parents and
public carriers | ||
for transporting special education pupils when pre-approved
by | ||
the State Superintendent of Education.
| ||
Indirect costs shall be included in the reimbursement | ||
claim for districts
which own and operate their own school | ||
buses. Such indirect costs shall
include administrative costs, | ||
or any costs attributable to transporting
pupils from their | ||
attendance centers to another school building for
| ||
instructional purposes. No school district which owns and | ||
operates its own
school buses may claim reimbursement for | ||
indirect costs which exceed 5% of
the total allowable direct | ||
costs for pupil transportation.
| ||
The State Board of Education shall prescribe uniform | ||
regulations for
determining the above standards and shall | ||
prescribe forms of cost
accounting and standards of | ||
determining reasonable depreciation. Such
depreciation shall | ||
include the cost of equipping school buses with the
safety | ||
features required by law or by the rules, regulations and | ||
standards
promulgated by the State Board of Education, and the | ||
Department of
Transportation for the safety and construction | ||
of school buses provided,
however, any equipment cost | ||
reimbursed by the Department of Transportation
for equipping |
school buses with such safety equipment shall be deducted
from | ||
the allowable cost in the computation of reimbursement under | ||
this
Section in the same percentage as the cost of the | ||
equipment is depreciated.
| ||
On or before August 15, annually, the chief school | ||
administrator for
the district shall certify to the State | ||
Superintendent of Education the
district's claim for | ||
reimbursement for the school year ending on June 30
next | ||
preceding. The State Superintendent of Education shall check | ||
and
approve the claims and prepare the vouchers showing the | ||
amounts due for
district reimbursement claims. Each fiscal | ||
year, the State
Superintendent of Education shall prepare and | ||
transmit the first 3
vouchers to the Comptroller on the 30th | ||
day of September, December and
March, respectively, and the | ||
final voucher, no later than June 20.
| ||
If the amount appropriated for transportation | ||
reimbursement is insufficient
to fund total claims for any | ||
fiscal year, the State Board of Education shall
reduce each | ||
school district's allowable costs and flat grant amount
| ||
proportionately to make total adjusted claims equal the total | ||
amount
appropriated.
| ||
For purposes of calculating claims for reimbursement under | ||
this Section for any school year beginning July 1, 2016, the | ||
equalized assessed valuation for a school district or partial | ||
elementary unit district formed pursuant to Article 11E used | ||
to compute reimbursement shall be the real equalized assessed |
valuation as computed under paragraph (3) of subsection (d) of | ||
Section 18-8.15. For purposes of calculating claims for | ||
reimbursement under this Section
for any school year beginning | ||
July 1, 1998, or thereafter, the
equalized
assessed valuation | ||
for a school district used to compute reimbursement
shall be | ||
computed in the same manner as it is computed under paragraph | ||
(2) of
subsection (G) of Section 18-8.05.
| ||
All reimbursements received from the State shall be | ||
deposited into the
district's transportation fund or into the | ||
fund from which the allowable
expenditures were made.
| ||
Notwithstanding any other provision of law, any school | ||
district receiving
a payment under this Section or under | ||
Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||
classify all or a portion of the funds that it
receives in a | ||
particular fiscal year or from general State aid pursuant to
| ||
Section 18-8.15 18-8.05 of this Code
as funds received in | ||
connection with any funding program for which it is
entitled | ||
to receive funds from the State in that fiscal year | ||
(including,
without limitation, any funding program referenced | ||
in this Section),
regardless of the source or timing of the | ||
receipt. The district may not
classify more funds as funds | ||
received in connection with the funding
program than the | ||
district is entitled to receive in that fiscal year for that
| ||
program. Any
classification by a district must be made by a | ||
resolution of its board of
education. The resolution must | ||
identify the amount of any payments or
general State aid to be |
classified under this paragraph and must specify
the funding | ||
program to which the funds are to be treated as received in
| ||
connection therewith. This resolution is controlling as to the
| ||
classification of funds referenced therein. A certified copy | ||
of the
resolution must be sent to the State Superintendent of | ||
Education.
The resolution shall still take effect even though | ||
a copy of the resolution has
not been sent to the State
| ||
Superintendent of Education in a timely manner.
No
| ||
classification under this paragraph by a district shall affect | ||
the total amount
or timing of money the district is entitled to | ||
receive under this Code.
No classification under this | ||
paragraph by a district shall
in any way relieve the district | ||
from or affect any
requirements that otherwise would apply | ||
with respect to
that funding program, including any
accounting | ||
of funds by source, reporting expenditures by
original source | ||
and purpose,
reporting requirements,
or requirements of | ||
providing services.
| ||
Any school district with a population of not more than | ||
500,000
must deposit all funds received under this Article | ||
into the transportation
fund and use those funds for the | ||
provision of transportation services.
| ||
(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17; | ||
100-863, eff. 8-14-18.)
| ||
(105 ILCS 5/34-18.43) | ||
Sec. 34-18.43. Establishing an equitable and effective |
school facility development process. | ||
(a) The General Assembly finds all of the following: | ||
(1) The Illinois Constitution recognizes that a | ||
"fundamental goal of the People of the State is the | ||
educational development of all persons to the limits of | ||
their capacities". | ||
(2) Quality educational facilities are essential for | ||
fostering the maximum educational development of all | ||
persons through their educational experience from | ||
pre-kindergarten through high school. | ||
(3) The public school is a major institution in our | ||
communities. Public schools offer resources and | ||
opportunities for the children of this State who seek and | ||
deserve quality education, but also benefit the entire | ||
community that seeks improvement through access to | ||
education. | ||
(4) The equitable and efficient use of available | ||
facilities-related resources among different schools and | ||
among racial, ethnic, income, and disability groups is | ||
essential to maximize the development of quality public | ||
educational facilities for all children, youth, and | ||
adults. The factors that impact the equitable and | ||
efficient use of facility-related resources vary according | ||
to the needs of each school community. Therefore, | ||
decisions that impact school facilities should include the | ||
input of the school community to the greatest extent |
possible. | ||
(5) School openings, school closings, school | ||
consolidations, school turnarounds, school phase-outs, | ||
school construction, school repairs, school | ||
modernizations, school boundary changes, and other related | ||
school facility decisions often have a profound impact on | ||
education in a community. In order to minimize the | ||
negative impact of school facility decisions on the | ||
community, these decisions should be implemented according | ||
to a clear system-wide criteria and with the significant | ||
involvement of local school councils, parents, educators, | ||
and the community in decision-making. | ||
(6) The General Assembly has previously stated that it | ||
intended to make the individual school in the City of | ||
Chicago the essential unit for educational governance and | ||
improvement and to place the primary responsibility for | ||
school governance and improvement in the hands of parents, | ||
teachers, and community residents at each school. A school | ||
facility policy must be consistent with these principles. | ||
(b) In order to ensure that school facility-related | ||
decisions are made with the input of the community and reflect | ||
educationally sound and fiscally responsible criteria, a | ||
Chicago Educational Facilities Task Force shall be established | ||
within 15 days after the effective date of this amendatory Act | ||
of the 96th General Assembly. | ||
(c) The Chicago Educational Facilities Task Force shall |
consist of all of the following members: | ||
(1) Two members of the House of Representatives | ||
appointed by the Speaker of the House, at least one of whom | ||
shall be a member of the Elementary & Secondary Education | ||
Committee. | ||
(2) Two members of the House of Representatives | ||
appointed by the Minority Leader of the House, at least | ||
one of whom shall be a member of the Elementary & Secondary | ||
Education Committee. | ||
(3) Two members of the Senate appointed by the | ||
President of the Senate, at least one of whom shall be a | ||
member of the Education Committee. | ||
(4) Two members of the Senate appointed by the | ||
Minority Leader of the Senate, at least one of whom shall | ||
be a member of the
Education Committee. | ||
(5) Two representatives of school community | ||
organizations with past involvement in school facility | ||
issues appointed by the Speaker of the House. | ||
(6) Two representatives of school community | ||
organizations with past involvement in school facility | ||
issues appointed by the President of the Senate. | ||
(7) The chief executive officer of the school district | ||
or his or her designee. | ||
(8) The president of the union representing teachers | ||
in the schools of the district or his or her designee. | ||
(9) The president of the association representing |
principals in the schools of the district or his or her | ||
designee. | ||
(d) The Speaker of the House shall appoint one of the | ||
appointed House members as a co-chairperson of the Chicago | ||
Educational Facilities Task Force. The President of the Senate | ||
shall appoint one of the appointed Senate members as a | ||
co-chairperson of the Chicago Educational Facilities Task | ||
Force. Members appointed by the legislative leaders shall be | ||
appointed for the duration of the Chicago Educational | ||
Facilities Task Force; in the event of a vacancy, the | ||
appointment to fill the vacancy shall be made by the | ||
legislative leader of the same chamber and party as the leader | ||
who made the original appointment. | ||
(e) The Chicago Educational Facilities Task Force shall | ||
call on independent experts, as needed, to gather and analyze | ||
pertinent information on a pro bono basis, provided that these | ||
experts have no previous or on-going financial interest in | ||
school facility issues related to the school district. The | ||
Chicago Educational Facilities Task Force shall secure pro | ||
bono expert assistance within 15 days after the establishment | ||
of the Chicago Educational Facilities Task Force. | ||
(f) The Chicago Educational Facilities Task Force shall be | ||
empowered to gather further evidence in the form of testimony | ||
or documents or other materials. | ||
(g) The Chicago Educational Facilities Task Force, with | ||
the help of the independent experts, shall analyze past |
Chicago experiences and data with respect to school openings, | ||
school closings, school consolidations, school turnarounds, | ||
school phase-outs, school construction, school repairs, school | ||
modernizations, school boundary changes, and other related | ||
school facility decisions on students. The Chicago Educational | ||
Facilities Task Force shall consult widely with stakeholders, | ||
including public officials, about these facility issues and | ||
their related costs and shall examine relevant best practices | ||
from other school systems for dealing with these issues | ||
systematically and equitably. These initial investigations | ||
shall include opportunities for input from local stakeholders | ||
through hearings, focus groups, and interviews. | ||
(h) The Chicago Educational Facilities Task Force shall | ||
prepare recommendations describing how the issues set forth in | ||
subsection (g) of this Section can be addressed effectively | ||
based upon educationally sound and fiscally responsible | ||
practices. | ||
(i) The Chicago Educational Facilities Task Force shall | ||
hold hearings in separate areas of the school district at | ||
times that shall maximize school community participation to | ||
obtain comments on draft recommendations. The final hearing | ||
shall take place no later than 15 days prior to the completion | ||
of the final recommendations. | ||
(j) The Chicago Educational Facilities Task Force shall | ||
prepare final proposed policy and legislative recommendations | ||
for the General Assembly, the Governor, and the school |
district. The recommendations may address issues, standards, | ||
and procedures set forth in this Section. The final | ||
recommendations shall be made available to the public through | ||
posting on the school district's Internet website and other | ||
forms of publication and distribution in the school district | ||
at least 7 days before the recommendations are submitted to | ||
the General Assembly, the Governor, and the school district. | ||
(k) The recommendations may address issues of system-wide | ||
criteria for ensuring clear priorities, equity, and | ||
efficiency. | ||
Without limitation, the final recommendations may propose | ||
significant decision-making roles for key stakeholders, | ||
including the individual school and community; recommend clear | ||
criteria or processes for establishing criteria for making | ||
school facility decisions; and include clear criteria for | ||
setting priorities with respect to school openings, school | ||
closings, school consolidations, school turnarounds, school | ||
phase-outs, school construction, school repairs, school | ||
modernizations, school boundary changes, and other related | ||
school facility decisions, including the encouragement of | ||
multiple community uses for school space. | ||
Without limitation, the recommendations may propose | ||
criteria for student mobility; the transferring of students to | ||
lower performing schools; teacher mobility; insufficient | ||
notice to and the lack of inclusion in decision-making of | ||
local school councils, parents, and community members about |
school facility decisions; and costly facilities-related | ||
expenditures due to poor educational and facilities planning. | ||
(l) The State Board of Education and the school district | ||
shall provide administrative support to the Chicago | ||
Educational Facilities Task Force.
| ||
(m) After recommendations have been issued, the Chicago | ||
Educational Facilities Task Force shall meet at least once | ||
annually, upon the call of the chairs, for the purpose of | ||
reviewing Chicago public schools' compliance with the | ||
provisions of Sections 34-200 through 34-235 of this Code | ||
concerning school action and facility master planning. The | ||
Task Force shall prepare a report to the General Assembly, the | ||
Governor's Office, the Mayor of the City of Chicago, and the | ||
Chicago Board of Education indicating how the district has met | ||
the requirements of the provisions of Sections 34-200 through | ||
34-235 of this Code concerning school action and facility | ||
master planning. | ||
(Source: P.A. 96-803, eff. 10-30-09; 97-333, eff. 8-12-11; | ||
97-473, eff. 1-1-12; 97-474, eff. 8-22-11.)
| ||
(105 ILCS 5/2-3.11 rep.) | ||
Section 15. The School Code is amended by repealing | ||
Section 2-3.11. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|