Public Act 102-0539
 
SB2043 EnrolledLRB102 16609 CMG 22008 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sick Leave Bank Act is amended by changing
Section 5.10 as follows:
 
    (5 ILCS 400/5.10)  (from Ch. 127, par. 4255.10)
    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.
(Source: P.A. 87-822.)
 
    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.
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.
(Source: P.A. 93-1036, eff. 9-14-04.)
 
    (105 ILCS 5/2-3.104)  (from Ch. 122, par. 2-3.104)
    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
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
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.
(Source: P.A. 87-632; 87-895.)
 
    (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.
    (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.)
 
    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
    Sec. 10-17a. State, school district, and school report
cards.
    (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
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.
    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
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,
(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.
    (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.)
 
    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
    Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
    (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.
    (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
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
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.
    (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.